Rental
Housing EAST BAY RENTAL HOUSING ASSOCIATION | MAY 2016
TAKE CHARGE OF YOUR PROPERTY Simple tips to reduce costs, increase ROI and protect your buildings
PLUS: OAKLAND RENT MORATORIUM ON CERTAIN PROPERTIES NOW IN EFFECT WHAT ARE THE RECYCLING RULES FOR EAST BAY MULTIFAMILY PROPERTIES?
Contents
East Bay Rental Housing Association
MAY 2016
Volume XIII, Number 5 May 2016 EBRHA OFFICE
3664 Grand Ave., Suite B Oakland, CA 94610 tel 510.893.9873 | fax 510.893.2906 www.ebrha.com EBRHA STAFF EXECUTIVE DIRECTOR
Jill Broadhurst | jbroadhurst@ebrha.com DIRECTOR OF STRATEGIC PARTNERSHIPS
Tina Bocheff | tbocheff@ebrha.com PUBLICATIONS & COMMUNICATION PRODUCER
Esteban Cortez | ecortez@ebrha.com ACCOUNTING MANAGER
Cathy Hayden | chayden@ebrha.com MEMBERSHIP ASSISTANT
Monica Wong | mwong@ebrha.com EBRHA OFFICERS
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16
Recycling Know-How
Another Successful Legislative Day
BY MICHELLE FAY
BY RON KINGSTON
PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge VICE PRESIDENT Jack Schwartz TREASURER Abbe Sultan SECRETARY Fred Morse MEMBER Rick Philips EBRHA DIRECTORS
Mark Almeida, Symon Chang, Reggie Hairston, Carmen Madden, Conor Murphy, Michael Pallas, Rick Philips, Sarah Picker, Judy Shaw PUBLISHED BY
East Bay Rental Housing Association
22
PUBLISHER
Wayne C. Rowland MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff ART DIRECTOR & COPY EDITOR Esteban Cortez
Take Charge of Your Property
ADVERTISING
Tina Bocheff | 510.318.8303
Features & Columns 6
NEWS
14
EVENT PHOTOS
Oakland Rent Moratorium on Certain Properties Now in Effect
CalRHA’s Legislative Day in Sacramento BY VARIOUS CONTRIBUTORS 30
GOVERNMENT AFFAIRS
Criminal Background Checks Under Scrutiny BY GREG BROWN 2 RENTAL HOUSING
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32
Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 3664 Grand Ave., Suite B, Oakland, CA 94610.
ESQ&A
Rental Housing is published monthly for $36 per year by
the East Bay Rental Housing Association (EBRHA), 360 22nd Owner Move-in Evictions in Street, Suite 240, Oakland, CA 94612. Oakland Rental Housing is not responsible for the return or loss of submissions or artwork. The magazine does not consider BY CLIFFORD FRIED & STEVE WILLIAMS unsolicited articles. The opinions expressed in any signed
Events & Directory 36 COMMUNITY CALENDAR 38 M EMBER DIRECTORY 42 M EMBERSHIP INFORMATION 42 A D INDEX
article in Rental Housing are those of the author and do not necessarily reflect the viewpoint of EBRHA or Rental Housing. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered. Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright © 2016 by EBRHA. All rights reserved.
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contributors
ONLINE MICHELLE FAY Michelle Fay is a Program Manager at StopWaste—a public agency focused on helping businesses, residents and schools reduce waste in Alameda County. Michelle joined the agency in 2012 and provides project management support to the Mandatory Recycling Ordinance team, aiming to help businesses and multifamily properties comply with the law. Prior to her work at StopWaste, Michelle spent eight years at Castro Valley Sanitary District (CVSan) providing recycling and organics education in her home town.
JOHN CARONNA John Caronna has been an East Bay apartment investment-grade real estate specialist and apartment building owner since 1999. He has more than 12 years of first-hand experience with all facets of multi-unit property management including rent control parameters, tenant relations and property maintenance. John specializes in advising clients on the most important aspects of considering and eventually purchasing small to mid-size apartment buildings in Alameda and Contra Costa Counties.
TENANT SCREENING
To Schedule an Appointment, Call (510) 893-9873 EBRHA provides members with low-cost online resident screening. Partnered with Contemporary Information Corp. (CIC), resident screening has one objective: to make sure your leasing decisions make the greatest possible contribution to your bottom line. As of 2016, rental property owners can collect a maximum of $46.67 for an application fee.
MEMBER PRICING RON KINGSTON Ron Kingston is the EBRHA state lobbyist and president of the California Political Consulting Group. He has 30 years of lobbying experience and is one of the original writers of the state’s Costa-Hawkins Act. He grew up in South Lake Tahoe and lives in Carmichael with his wife Sherrie, a financial planner. In his spare time, he cycles, skis and takes international scuba diving trips.
CLIFFORD FRIED Clifford Fried is a real estate attorney with expertise in landlord-tenant law and rent control matters in Oakland and the Bay Area. He and his law firm represent residential rental property owners only and are one of the largest such firm in Northern California. He has authored several books on rental housing and has written hundreds of articles on rental property ownership.
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East Bay Rental Housing Association TEL
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510.893.9873 | FAX 510.893.2906 www.ebrha.com
Food Scraps Collection Made Easier! Follow these helpful hints to reduce mess and odor and increase participation. Place cardboard or newspaper at the bottom of the compost cart or line it with a compostable bag.*
Compostable Plastic Bags* Are Now Accepted!
Wrap food scraps in newspaper.
Collect food in a reusable container. Store in freezer to eliminate odor.
Use paper bags to transport food scraps and place directly into cart or bin.
Line Kitchen Pail with newspaper or compostable bag*.
To learn more about how Oakland Recycles can help, go to the article on page 20 * BPI certified compostable bags only. Look for this logo:
COLUMN
news Annual CPI Rate of 2.0% for Rent Increases in Oakland Effective July 1, 2016 The annual CPI rate for rent increases
Oakland Rent Moratorium on Certain Properties Now in Effect OAKLAND CITY COUNCIL VOTED UNANIMOUSLY to impose a 90-day moratorium on rent increases above CPI. The following rules under the 90-day moratorium are effective from April 5, 2016 - July 5, 2016. These rules apply to buildings regulated by Oakland’s residential rent stabilization program, in addition to 2 and 3 unit owner-occupied buildings: Rent increases above CPI are prohibited (increases cannot exceed the current 1.7% CPI or 2.0% after July 1); Banking and capital improvement pass-throughs are prohibited; Previously exempt owneroccupied duplexes and triplexes are under the rent laws and must follow the CPI increase schedule (however, owner occupied buildings remain exempt from the Just Cause ordinance); and the exemption for buildings with substantial rehabilitation is discontinued. Increases that were properly noticed prior to April 5, 2016 are not affected by the moratorium. A rental owner may petition the Rent Program to authorize rent increases above those otherwise permitted by the moratorium if necessary to permit the owner to earn a fair return. The ordinance DOES NOT include a freeze on evictions or expand eviction protections. The moratorium does not apply to new units built after 1983 and single-family homes, which are covered under state law. For more info, go to www. ebrha.com/oakland-moratorium.
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effective July 1, 2016 through June 30, 2017, is 2.0%. The rate cannot be applied to rent increases that take effect earlier than July 1, 2016. Tenants can be given only one rent increase in any 12-month period and the increase cannot take effect earlier than the tenant’s anniversary date (at least one year from the tenant’s move-in date or from the last prior rent increase). California law requires that tenants be provided with written advance notice of a rent increase of 30 days (for increases 10% or less) or 60 days (for increases greater than 10%) before the effective date of the increase. The Oakland Rent Adjustment Ordinance also has noticing requirements for giving a rent increase. For more information, go to www.ebrha.com/resources/ rent-board-fees.
Important Changes to HUD Background Screening Rules Property managers of singlefamily and multifamily rentals
will no longer be able to turn away a prospective tenant on the sole basis of an arrest record. A new policy issued by the Department of Housing and Urban Development (HUD), says that an arrest alone shouldn’t be used in tenant screening. The manager now needs evidence of a conviction when considering a tenant’s application. According to HUD’s new policy, “As the Supreme Court has recognized, ‘[t]he mere fact that a man has been arrested has very little, if any, probative value in showing that he has engaged in any misconduct.’ … For that reason, a housing provider who denies housing to persons on the basis of arrests not resulting in conviction cannot prove that the exclusion actually assists in protecting resident safety and/or property.” To conform to HUD’s guidelines, managers should review their rental policies and clarify that a conviction—and not solely an arrest—will be used in screenings.
In addition, HUD recommends that rental policies should specify what types of crimes automatically disqualify applicants. These may include drug dealing, violent and sexual crimes, theft and arson. Outlining specific criteria in the rental policy aids a manager’s burden of proof in rejecting an application. A rental policy also should be written in a way that answers questions about the nature, severity and time of the conviction. Be sure to consider any special concerns or restrictions necessary to protect rental communities that tailor to specialized groups such as seniors and families. Managers should have their housing specialist attorney look over the revised rental policy to make sure it complies with HUD’s guidelines.
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Alameda Rent Ordinance and New Rent Procedures Now in Effect The Alameda City Council recently passed new regulations concerning rent increases and limitations on certain evictions in the City. The new regulations, which become effective March 31, 2016, are available on the City’s website at www.alamedarentprogram.org. Under the new ordinance, there can only be one rent increase every 12 months and there is no cap on rent increases. For rent increases above 5%, owners must file a notice with the Program Administrator. Rent increases above 5% are subject to review by the Rent Review Advisory Committee. If an owner or tenant disagrees with the Rent Review Advisory Committee recommendation, and the rental unit is a multifamily rental unit built before February 1995, either party may file a petition to have the rent increase determined by a neutral hearing officer whose decision is legally binding on the parties. For all other rental units, the Rent Review Advisory Committee’s recommendation is non-binding. For rent increases at or below 5%, tenants may request a review of their rent increase by the Rent Review Advisory Committee. The Committee’s recommendation is non-binding. For more information on the Ordinance, go to www.alamedarentprogram.org. RH
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COLUMN
capitol intelligence
Another Successful Legislative Day Updates from the Capitol from EBRHA’s state lobbyist. BY RON KINGSTON
T
he annual legislative day in Sacramento was once again extremely successful. The issues presented to legislators were by no means small, unless a property manager or owner doesn’t think that: 1) There are no problems with unlawful detainer complaints; 2) We should permit local governments to enact and enforce price controls on newly constructed rental and ownership housing; 3) The courts should hide late rental payments and unlawful detainer actions that do not go to judgment; and 4) We should be forced to accept Section 8 housing vouchers. Now, the facts. With increased frequency, represented tenants in unlawful detainer (UD) actions involving the nonpayment of rent make a number of trial demands and lodge—in most cases— meritless, frivolous and fraudulent habitability claims while not paying rent that is due. Tenants that use this tactic to delay the UD proceeding and force unreasonable settlements, which in the aggregate costs property owners tens of thousands of dollars. EBRHA believes that: 1) real disputes about habitability should be litigated and remedied by the court; and 2) there is no reason a tenant who remains in possession of a rental unit should not have to pay rent when it becomes due and should not be entitled to make extortionary demands on rental property owners. Using this as a backdrop, two pro property owner bills were introduced this year with our direct input and involvement. 8 RENTAL HOUSING
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code enforcement agency, and/or lodged a complaint with the property owner or manager alleging a warranty of habitability breach. • The court closest to the property must hear the case. The plaintiff and defendant cannot request a change of venue which is used as a delay tactic. • Property owners and managers could enter the dwelling unit following proper notice to ensure the owner is in compliance with Civil Code 1941.1 (warranty of habitability).
Opposed Legislation The legislation we opposed during LegisAB 2312 (Gatto) would require a lative Day: represented defendant (tenant) asserting AB 2819 (Chiu) amends California’s a warranty of habitability defense in an UD “masking” law (Civil Code of Prounlawful detainer action to deposit with cedure 1161.2), which currently requires his or her attorney rent that becomes UD proceedings to be masked—or barred due during the pendency of the UD profrom public view—for 60 days from the ceeding. The “prospective rent” would time of filing, unless the tenant prevails in be due to be paid to the tenants attorthe action within 60 days of the filing of ney on the first day of the new month the complaint. Assembly Member Chiu’s following the filing of the UD action. It bill requires UD proceedings to remain would not be dispersed until directed by masked or “hidden” indefinitely unless the court. The tenant’s attorney would the rental property owner prevails on a deposit the rent payments in his or her default judgment, summary judgment, trust account and would be required to trial, or stipulation by all of the parconfirm receipt of the rent funds with ties. The bill also imposes a new 60-day the owner’s counsel within four days of “masking” period measured from the payment. Does this sound reasonable? date a default or default judgment is set Well, tenants groups are adamantly aside any time after expiration of the first opposed to the bill. 60 days. AB 2003 (Lackey) proposes to Passage of AB 2819 means that when change the UD and warranty of habita tenant defaults on rent, and an owner ability defense process in the following has to file an unlawful detainer claim ways: with the court, no record of the default • In order for a tenant to assert a will be made public ever, unless a trial warranty of habitability defense duroccurs and the owner wins, or a summary ing a UD action, the tenant’s property judgment proceedings is held and the owner or manager must have had actual owner wins. The problem is that tenants or constructive notice from the tenant can default, never pay, but never make it and the city, or county must have othto trial. The default still occurs, but no erwise become aware of record of it will ever be the habitability condition “EBRHA’s lobbying made public. No other pursuant to Civil Code team was terrific. type of financial default 1941.1 prior to the filing They presented the is treated this way. It of an UD action. issues extremely puts owners at risk of • In the answer form well to each renting to serial defaultto an UD action, the legislator and ers. tenant will be required walked out of the AB 2502 (Mullin) to indicate by checking a offices with a sense would allow every city box if he or she lodged a of accomplishment and county to enact and complaint with the local and pride. ” enforce residential price
EBRHA MEMBER APPRECIATION: controls on newly constructed rental and ownership housing. It overturns a long-standing Costa Hawkins Act provision that bars local governments from enacting price controls on new housing. It destroys an important incentive to build new housing in most communities. Local governments could be empowered to adopt any type of price restriction on housing unless modified or overturned by a court. Unfortunately, the bill does not provide for any financial incentive or cost offset to ensure that the entire community shares the cost of construction and maintenance for long-term ownership of heavily price restricted property. SB 1053 (Leno) forces residential rental property owners to participate involuntarily in the federal and local government’s voluntary Section 8 housing program [governed by the U.S. Department of Housing and Urban Development (HUD)]. By requiring all rental property owners to accept Section 8 housing vouchers, the government is forcing owners to accept all governmentmandated lease terms and regulations, the manual of which is approximately 400 pages long. In the guise of preventing discrimination based on “source of income,” the bill conversely creates a special class of residents with more rights and fewer responsibilities than other residents. The significant administrative burdens imposed on property owners who participate in the Section 8 program drive up costs and increase vacancies through additional complicated legal guidelines, regulatory inspections, payment delays, heightened eviction standards, and the government’s ability to terminate a Section 8 lease with no penalty. EBRHA’s lobbying team was terrific. They presented the issues extremely well to each legislator and walked out of the offices with a sense of accomplishment and pride. RH
BASEBALL NIGHT OAKLAND A’S vs. SAN FRANCISCO GIANTS
FREE TICKETS & FREE FOOD! EBRHA’s Member Appreciation Night includes two complimentary tickets to the A’s vs. Giants game, starting with a private parking lot tailgate party at the Coliseum, including dinner, dessert and drinks. DATE TIME TAILGATE GAME
THURSDAY, JUNE 30, 2016 TAILGATE - 5:00 PM GAME – 7:00 PM OAKLAND COLISEUM PARKING “LOT K” OAKLAND COLISEUM
Deposit of $22 per ticket is refunded upon arrival at tailgate. EBRHA members can reserve a maximum of two tickets. Seating is limited! Reserve tickets today. Send your deposit to: EBRHA, Attention: Game Night, 3664 Grand Ave., Suite B, Oakland, CA 94610
SPONSORED BY
The information provided herein is intended to provide general guidance and awareness on recently passed state laws and regulations and shall not be construed in any way as a substitute for individual legal advice. Those that require specific advice should consult an attorney. Ron Kingston is the EBRHA state lobbyist and president of the California Political Consulting Group. He can be reached at 916-447-7229 or ron@ calpcg.com. ebrha.com
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RENTAL HOUSING 9
EVENT PHOTOS
CALRHA’S LEGISLA
in S
E
BRHA members, board and staff par-
ticipated in another successful California Rental Housing Association (CalRHA) legislative day this year in Sacramento. Aside from fighting bills that would be harmful to the rental housing industry, attendees had the opportunity to meet with elected officials, as well as socialize and network with representatives from sister associations. We look forward to another successful Legislative Day in 2017. Thank you to the following CalRHA affiliates for their participation: • Apartment Association, California Southern Cities, Inc. (AACSC) • Apartment Association of Greater Los Angeles (AAGLA) • Apartment Association of Orange County (AAOC) • Berkley Property Owners Association (BPOA) • East Bay Rental Housing Association (EBRHA) • Nor CAL Rental Property Association, Inc. (NCRPA) • North Valley Property Owners Association (NVPOA) • San Diego County Apartment Association (SDCAA) • Santa Barbara Rental Property Association (SBRPA) • Small Property Owners of San Francisco Institute (SPOSFI) RH PHOTOS COURTESY OF JILL HINDERLIGHT (PHOTOGRAPHER), AAGLA & SDCAA
TO LEARN MORE ABOUT CALRHA, GO TO WWW.CAL-RHA.ORG
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ATIVE DAY
Sacramento
Thank you to all EBRHA members who attended Legislative Day and made it a great success!
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FEATURE
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Recycling Know-How What are the recycling rules for East Bay multifamily properties? BY MICHELLE FAY
C
alifornia’s mandatory commercial recycling and composting regulations are detailed in AB341, passed in May 2012 and AB1826, passed in October 2014. Under these laws, affected multifamily properties have to arrange for recycling and green waste collection service.
Alameda County Ordinance
In the East Bay, Alameda County has expanded upon the state regulations at the local level with Ordinance 2012-01, passed by the Alameda County Waste Management Authority (ACWMA) in 2012. Like the state regulations, Alameda County’s Mandatory Recycling Ordinance requires multifamily properties with five or more units to provide recycling collection services. However, the local Ordinance explains in more detail how recycling is to be set up at affected multifamily properties—containers and service must be sufficient in number, size and frequency for the number of residents at the property, and kept at the same or at an equally convenient location as garbage. The Ordinance also calls for recycling education to residents, including the distribution of information at least annually, as well as during unit turnover—that is, no later than two weeks after move-in and two weeks before move-out.
Composting Requirements
Since 2008, Alameda County properties with four or more cubic yards of weekly garbage service have been required to keep plant debris (grass, leaves, shrubbery, tree branches, etc.) separate from garbage. Under the Mandatory Recycling Ordinance, affected multifamily properties must also provide organics collection service for residents to place their food
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Rules at a Glance MANDATORY RECYCLING AND ORGANICS COLLECTIONS requirements apply to multifamily properties with five or more units. Alameda County (except City of Dublin and unincorporated area of Oro Loma Sanitary District) Covered under ACWMA Ordinance 2012-01 Recycling requirements: • Provide adequate on-site recycling collection services at the same or at an equally convenient location as garbage Organics collection requirements: Organics collection required in all participating cities, unless specified otherwise below. • Oakland & San Leandro: Organics collection required starting July 2016 • Pleasanton: Organics collection required starting January 2017 • Fremont & Newark: Organics collection required starting July 2017 • Union City: Organics collection not required Notification requirements: The Ordinance requires owners/managers to communicate with tenants, employees and contractors about the Ordinance including how to properly recycle and compost (where applicable). • Provide at least annual information to residents • Provide information during move-in and move-out For detailed rules by city visit www.RecyclingRulesAC.org/cities-overview. Contra Costa County, City of Dublin and unincorporated area of Oro Loma Sanitary District Covered under state laws AB 341 and AB 1826 Recycling requirements: • Provide on-site recycling collection services • Organics collection requirements: • Provide organics service for plant debris at properties that generate 8 cubic yards or more organics per week For more information visit: • Central Contra Costa County: www.RecycleSmart.org • West Contra Costa County: www.RecycleMore.org • Unincorporated Contra Costa County: www.cccounty.us/depart/cd/ recycle/mcr RH
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scraps and food soiled paper—or they soon will have to, depending on their location (see sidebar). In Alameda, Albany, Berkeley, Castro Valley, Emeryville, Hayward, Livermore, Piedmont and Unincorporated Alameda County, organics collection is currently mandatory. The cities of Oakland and San Leandro opted to come under the County ordinance effective July 1, 2016. Fremont, Newark and Pleasanton will come on board in 2017. Regarding the number, size, location of organics containers, frequency of service and outreach, the same requirements apply as for recycling, see above.
Oakland and San Leandro Properties
Oakland Municipal Code required multifamily property owners and managers to provide their tenants access to recycling and organics collection service on July 1, 2015. To help in that process, properties should have already received at least one green cart for organics collection, delivered by Waste Management last year. However, now is a good time to evaluate if you should have more organics containers to serve you property’s residents adequately. Waste Management offers on-site visits to help you assess your needs and adjust your service. See article on page 20 for details and contact information. Multifamily properties in San Leandro that aren’t yet set up for organics collection should call their garbage hauler to arrange for adequate organics collection service. Note that there are two garbage haulers serving San Leandro—Alameda County Industries and Waste Management. Check your garbage bill for contact information.
Enforcement and Resources
The ACWMA has been conducting extensive outreach to make multifamily property owners and managers aware of the mandatory requirements, including a series of mailings. The Authority also performs routine inspections, always providing notifications and several opportunities to correct violations of the Ordinance. While the Authority considers citations a last resort to achieve compliance, properties still in violation after
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OAKLAND RECYCLES OFFERS ALL OF THE SERVICES to ensure that Oakland property owners are able to be compliant with both the City’s Municipal Code and Alameda County Waste Management Authority’s (ACWMA) Mandatory Recycling Ordinance (MRO). Oakland Recycles is a partnership between California Waste Solutions (CWS), Waste Management of Alameda County Inc. (WMAC), the City and all Oakland residents and property owners. Oakland Recycles commits to providing the services and information you and your residents need to recycle and compost right. Recycling Requirement & Services Convenient recycling collection services for all clean paper and cardboard, plastic containers, glass bottles and jars, and metal cans have been available in Oakland since 1992. Phase 1 of ACWMA’s MRO began July 1, 2012, requiring recycling at multifamily properties with 5 or more units. All Oakland apartments and condos must make weekly recycling collection available to residents and update information about the services annually. The new zero waste services offered by the Oakland Recycles team make compliance easy. Property owners and managers can choose from a wide variety of containers—ranging from a 20 gallon cart to a 7 cubic yard bin— to fit any building’s unique layout and collection volume needs. California Waste Solutions (CWS) offers tools to support recycling participation, including free recycle caddies to help residents collect mixed recycling and carry it to the building’s grey recycling containers. CWS will help you make any needed changes to recycling services, order additional containers or schedule a site visit to develop a customized recycling approach for your property. Call CWS at 510-OAKLAND (625-5263) or email oaklandcs@ calwaste.com. Composting Requirement & Services Phase 2 of ACWMA’s MRO begins July 1, 2016 and requires compost collection at multifamily properties with 5 or more units. One of the newest aspects of the Zero Waste program is the expansion of food scraps collection for apartments and condos throughout Oakland. By July 1, 2015, WMAC delivered green compost carts to Oakland’s over 3,500 multifamily buildings for the collection of food scraps, food-soiled paper and plant debris. Every building in Oakland should now have a green collection cart in an accessible location for all residents as required by Oakland Municipal Code and ACWMA’s Mandatory Recycling Ordinance. WMAC offers on-site visits to provide assessments, educational tools and meet with residents to discuss recycling and composting. If your property does not have a green compost cart or you find that materials are overflowing in the building’s collection containers, schedule an assessment to develop a customized waste reduction and recycling approach for your property. Avoid possible fines from ACWMA and take advantage of all collection services. Call WMAC at 510-613-2888 or email csnorthbay@wm.com. Working together, we can support Oakland residents in recycling right and ensure that your property adheres to city, state and county requirements. RH 20 RENTAL HOUSING
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multiple enforcement communications are subject to fines. As a property owner or manager you are only responsible for complying with the requirements listed here and will not be held responsible for improper sorting of materials by tenants. Nevertheless, there are ways to encourage tenants to participate properly. Clearly marking recycling and organics containers, placing posters in common areas and distributing notification letters to tenants all contribute to a successful program. Contact your City and collection service provider for information and assistance. In addition, ACWMA’s Recycling Rules website offers resources for multifamily properties, including posters, sample tenant notification letters and more. Visit www. RecyclingRulesAC.org/multi-family-support-materials or call the Ordinance Help Line at (510) 891-6575. RH Michelle Fay is a Program Manager at StopWaste—a public agency focused on helping businesses, residents, and schools reduce waste in Alameda County. She can be reached at mfay@stopwaste.org.
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June 15-18, 2016 San Francisco Dear EBRHA Members, As you may know, the 2016 NAA Education Conference & Exposition will be held on June 15-18, in San Francisco. To make this conference a success, we call on you to get involved by donating some of your time during the conference as an NAA Concierge Volunteer*. NAA Concierge Volunteers are required to: • Commit a full 4 hours of their time during the 2016 NAA Education Conference & Exposition • Attend a concierge training on June 14 or June 15 • Agree to be properly attired – NAA shirt and black or khaki pants • Provide exceptional customer service to conference attendees In exchange for your time and commitment, NAA will offer a discounted registration rate – a saving worth over $500 and includes the conference materials and access to: • All the Education Sessions • Two General Sessions • Exposition • Thursday and Friday Lunch • Maintenance Mania National Championship
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Should you wish to attend the Opening Night Party, tickets are available for $200.*
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FEATURE
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Take Charge of Your Property Simple tips to reduce costs, increase ROI and protect your buildings. BY JOHN CARONNA
W
hether you are a new rental property owner, or you want to improve your property management skills, here are several basic yet vitally important areas to focus on. From organizing your paperwork, to looking at ways to increase your current income, and getting the most out of an upcoming vacancy, all these areas are equally important for your rental business.
Paperwork From Previous Owner
If you are in the process of acquiring a new property, be sure to obtain the following items from the previous owner: all leases (if the property is in Oakland or Berkeley, ensure that all current tenants are on the lease for each unit), expense records from the previous year; service records and contact information for any major repairs from the last 5-7 years. Last, but certainly not least, is tenant estoppels. A tenant estoppel is confirmation of the amount of current tenant deposits, current rent, ownership of appliances and who pays which utilities, signed by the tenant. The importance of tenant estoppel can’t be underestimated. As a new owner, the last thing you want to deal with is an issue with your tenants or the previous owner that could result in a lawsuit due to a disagreement of what your tenant’s deposit was at the time of their move in, or who pays for the water bill. Having both tenant’s and seller’s agreement on all of the above is one of the most important checklist items as you move forward with your new property.
Potential for Pass-Throughs and Banking
Determine if there are any improvement that can be passed through with the capital improvements ordinance. Track if the previous owner has passed through yearly allowable rent increases. If not, previous increases can be banked together and passed through. NOTE: The City of Oakland has enacted a 90 day moratorium on rent increases beyond the CPI index, including previously exempt 2-3 unit owner-occupied
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“I just recently had all the toilets in my properties replaced with low flow toilets. The cost was about $275 per unit, including installation. Our water bill went down almost $100 per month, which pays for the cost of the new toilets in less than a year.” properties. The moratorium also prohibits capital improvement pass throughs and banking. This moratorium is effective April 5 through July 5. For more information go to http://www.ebrha. com/oakland-moratorium). To learn about capital improvement pass throughs in Berkeley, go to www.ci.berkeley.ca.us.
Adding Amenities
Laundry. If you have not done so already, consider installing coin-operated washers and dryers. If you have already done so, consider increasing the amount you charge. When touring multi-unit properties for sale, I’m always surprised at the incredibly below current market rates that owners are charging, or even not charging at all. Currently, laundromats are charging $2.50-$2.75 to wash and $2 to dry. A fourplex can earn $125$150 per month at those rates. Parking. If you have the ability to add parking spots or are not currently charging for parking, as a general rule of thumb, tenants will pay at least $150 per month per spot. This will increase your monthly income and the value of your property. Storage. Storage areas and separate storage units are also very valuable assets to tenants. Owners can earn $50-$75 per month for storage lockers and $200-$300 per month for a storage area. Increased Property Value. Your laundry income is included with your rental income in calculating your annual gross rent. Currently, multi-unit properties are selling for 10-15 times annual gross rental income. Thus, adding laundry income will increase the value of your property by $12,000 to as much as $27,000. Adding parking revenue and storage locker revenue can add hundreds of dollars in revenue per month. Between market rate laundry, parking and storage revenue, an owner can easily add $2,000-$3,000 per year in revenue without spending any, or very little, on these projects.
ing installation. Our water bill went down almost $100 per month, which pays for the cost of the new toilets in less than a year. Also, if you have owned your building for more than 5-7 years, you can probably reduce your monthly mortgage through a no cost re-finance. Depending on the size of your property, there are a couple of specialist here in the East Bay that can guide you, relatively pain free, through that process.
Ongoing Maintenance
Many buildings in the East Bay were built in the 1920’s-1940’s. They are great quality and are very desirable to tenants. I’ve learned first-hand that the most important maintenance item in any property is roof maintenance. Leaking roofs can allow water penetration that may be undetectable initially. Damage can be substantial and very expensive. Hiring a reputable roofing contractor to do seasonal maintenance is the most important aspect of regular work to be done. Second, have a plumber walk through twice a year to check for leaking faucets and running toilets. Each toilet that is running can add $35-50 per month to your water bill. If your property has only one master water meter, tenants rarely pay any attention to their water use, as you pay the bill. It’s like having teenagers who take 30 minute long showers, except you have many of them and you can’t yell, “We are having a drought, quit wasting water!” Also, make sure that all tenants know the difference between “wear and tear” and damages to your units. Many tenants think that it’s your job to repaint and resurface the hardwood floors when they move out. Deep scratches in your beautiful hardwood floors are damage, not “wear and tear”. Many owners don’t realize that it’s the tenant’s responsibility to fix all nail and picture hanger holes, for example. It is best to have this discussion with all new tenants, and when you are doing your annual walk through with current tenants.
Property and Renter’s Insurance
Upon turnover of a unit, it’s always smart to consider how much more you can achieve in higher rent if you remodel the kitchen and/or bath(s). If the total cost of the remodel can be earned back through increased rents within 18-24 months, it is probably a good investment.
Notify your tenants that they must have renter’s insurance. Make it part of their lease (for new tenants) and add this addendum document to your current tenant’s lease. It’s best to explain how they are not covered through the owner’s property insurance if they have to move out due to a fire or other events that make their unit uninhabitable. Most good insurance brokers/agents can supply you with a basic form that explains how renter’s insurance protects renters. Most tenants expect the owner to cover expenses for them in the event they can’t inhabit their unit, regardless of the cause. In most cases, the tenant will be responsible for finding a new place to live and replacing their damaged possessions. Also, check that your policy covers loss of rental income and liability in case of a tenant lawsuit.
Lower Current Expenses
Vacancies
Turnover Opportunities
I just recently had all the toilets in my properties replaced with low flow toilets. The cost was about $275 per unit, includ24 RENTAL HOUSING
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This is the most important aspect of being a multi-unit property owner. Most EBRHA members own in rent-controlled markets.
PROTECT THE RIGHTS OF RENTAL PROPERTY OWNERS Get involved and speak at important City Council meetings! There is no magic pill that will cure the stress and frustration associated with being a property owners in Alameda County, especially with all of the changes to local policy. However, you can help by speaking at public city council meetings and by letting council members and city staff know that their policy actions need to stop. EBRHA urges members to SIGN UP for public testimony, and let EBRHA know YOU will attend and speak. Members can also sign up to speak and give their time to another rental owner or EBRHA staff member to speak on their behalf. GO TO EBRHA.COM/ALERTS FOR MORE INFO
Legal Excellence and Dedication to Clients Fighting for Property Owners’ Rights
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177 Post Street, Suite 800 San Francisco, CA 94108 Tel: 415-421-0100
1901 Harrison Street, 14th Floor Oakland, CA 94612 Tel: 510-625-0100
www.friedwilliams.com ebrha.com
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UPCOMING WORKSHOPS
Managing Challenging Tenancies D ATE & TIME SPEAKER PRICE TOPICS
TUESDAY, MAY 10; 6:00 P.M. - 7:30 P.M.
Presented by Michael Shepherd, The Shepherd Law Group Members: $39; Non-members: $69 Effectively Dealing with Nuisance Tenants, Handling Nuisance Complaints, Proper Procedures, Serving Notices and more
Rental Property Owner 101 D ATE & TIME M ODERATOR PRICE TOPICS
TUESDAY, MAY 31; 2:00 P.M. - 3:30 P.M.
Jill Broadhurst, CCRM, EBRHA Members: Free; Non-members: $69 EBRHA Member Benefits, New Rental Housing Laws, Tenant Screening, the Application Process, Fair Housing, Measure EE and Rent Control
Online Registration Required at ebrha.com
All workshops are held at our new office:
Sign up, pay registration fees and receive reminders online.
EBRHA Education Center 3664 Grand Ave., Ste B, Oakland, CA 94610
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The rent we achieve upon a vacancy is potentially going to be our rent for that unit for the next 3-5 years. Yes, we will get to add a yearly rent increase as dictated by our local rent board, but that additional amount is very small. I have made the mistake of raising the new rent by an amount that seemed substantial, only to realize either at the open house or shortly afterward that this new rent is hundreds of dollars below what I could have easily achieved with some research and leg work. The first and most important rule of thumb: Do not assume that you know what current market rent is for any of your units. When your tenant gives you notice that they will be moving out, this gives you the opportunity to greatly increase your monthly rental income and add potentially $100,000 or more to the value of your property. Many of your tenants may have only been in their unit for 2-3 years, but their current rent can easily be 40% below market rents. For example: your tenant is renting a two bedroom apartment and their rent is $1500 per month. Upon getting notice that they are vacating, do a quick assessment and get ready to list it on Craigslist, for example, at $1,900. Yes, $400 per month is a great increase in your overall monthly rental income. With today’s rental market and the San Francisco Bay Area’s job market, thousands of well-paid professionals are looking to move to the East Bay. The amount of available rentals and new construction in San Francisco is far below demand. Tenants are looking for proximity to mass transit, walking distance to shopping and amenities and great neighborhoods. If, for example, actual market rent for your upcoming vacancy is $2,400 per month, you are losing $500 per month in cash flow. Much more important though, is looking at how much you will lose over the course of the tenancy. If you rent your unit for $500 less than market rent and they stay for only three years, you’ve lost $18,000. Personally, once I learned how important figuring out the correct market rent
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EBRHA ON YOUR SIDE Have you experienced a situation or ruling that you feel infringed on due process as a property owner? We constantly hear about outcomes that are just plain wrong. We need to collect member experiences in order to make changes to a broken and biased system. To access EBRHA’s new advocacy service, visit www.ebrha.com, log in to your member account, click “EBRHA on Your Side” in the member menu and fill out the form.
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UPCOMING EVENTS
Public Affairs Meeting D ATE & TIME M ODERATOR PRICE TOPICS
TUESDAY, MAY 3; 10 A.M. - 11:00 A.M.
Jill Broadhurst, CCRM, EBRHA Free to members only EBRHA is meeting to prioritize local rental housing issues and tackle them head on, with the desired outcome of challenging and reversing bureaucratic failures that infringe on property rights and the ability to manage effectively.
Rent Board Roundtable D ATE & TIME M ODERATOR PRICE TOPICS
MONDAY, MAY 9; 10:00 A.M. - 11:00 A.M.
Jill Broadhurst, CCRM, EBRHA Free to members only An informal discussion for members that have or had a rent board hearing. Members are encouraged to bring their paperwork for a sharing and learning opportunity
Member Meeting D ATE & TIME SATURDAY, MAY 21; 10:00 A.M. - NOON SPEAKERS • Legal Q&A—Speaker TBD • Local Policy Updates—EBRHA Board & Staff DETAILS Members only; Metered street parking available. Please enter through back entrance on Weldon Ave.
Lunch-n-Learn: Road to Financial Independence D ATE & TIME SPEAKER PRICE DETAILS
THURSDAY, MAY 26; NOON - 1:30 P.M.
Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors $20 (Members only) Lunch is provided and available at 11:45 a.m. Seating is limited, Registration deadline is May 4. Advanced registration required
Online Registration at ebrha.com
All workshops are held at our new office:
Sign up, pay registration fees and receive reminders online.
EBRHA Education Center 3664 Grand Ave., Ste B Oakland, CA 94610
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is, I now put in much more effort. The first step is using a website like Craigslist to look at what other owners are charging in your and similar neighborhoods for similar apartments. When looking at comparable units, if there are no pictures or the actual address is not listed, do not use it as a comparable. Second, check for the amenities and layout of similar available units. I have found that renters will pay more for hard wood floors, gas stoves, smaller number of units in the building and shared amenities such as patio, backyard and laundry facilities. Finally, you should go to a few open houses as soon as your current tenants notify you they are leaving. Seeing what the competition has for rent is invaluable. Some property management companies don’t necessarily work that hard to get top rent, as they often just want to rent the unit as quickly as possible to earn their fees. If you’re doing your own management it benefits you greatly to achieve top market rent, and will benefit you each and every month for years to come. With our current rental market, use a 3-5 year or longer time frame and know the key features of your units, whether it’s location, layout, amenities, privacy or price that makes it desirable.
Education
EBRHA has many excellent classes, such as the Rental Property Owner series, to help with learning the basics, as well as more specialized workshops. Be sure to take advantage of your membership benefits by attending these workshops. As a long-time, local multi-unit real estate broker, property manager and EBRHA member, I am always available for a consultation with other EBRHA members. Feel free to contact me at john. caronna@cbnorcal.com or call (925) 2534648. RH
John Caronna has been an East Bay-based apartment investment-grade real estate specialist and apartment building owner since 1999. He can be contacted at (925) 253-4648 or john. caronna@camoves.com.
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EAST BAY RENTAL HOUSING ASSOCIATION
Contribute to the EBRHA Legal Fund today! Rental owners in the East Bay are facing policy changes that are detrimental to their rental housing business, such as proposed rent control ordinances, fee increases, increased utility fees and fines, increased garbage and recycling rates, and mandated inspections. Rental owners need to control the dialogue! “I Support the East Bay Rental Housing Association Political Action Committee’s (EBRHA-PAC) efforts to fight for the rights of property owners and managers, and their work on additional rental housing industry issues. I’d like to contribute the following to help the EBRHAPAC protect my rights.” NEW! DONATE ONLINE AT WWW.EBRHA.COM/PACONLINE
Carlon Tanner, Owner/Broker
Election laws require EBRHA to collect this information. Please be sure to fill in the required fields completely and check the appropriate boxes on this form. PLEASE NOTE: EBRHA-PAC Donations are NOT tax deductible.
NAME EBRHA MEMBER ID/NUMBER
466 40th Street Oakland, CA 94609 Tel 510-428-1864 Fax 510-601-1917 beacprop@pacbell.net
COMPANY
ADDRESS - WE CANNOT ACCEPT THE DONATION IF THE ADDRESS IS A PO BOX.
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STATE ZIP
EVENING PHONE
OCCUPATION
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ZIP CODES YOUR RENTAL PROPERTY UNTS ARE LOCATED IN PLEASE CHECK ONE OF THE FOLLOWING: MY BUSINESS IS A SOLE PROPRIETERSHIP M Y BUSINESS IS A PARTNERSHIP MY BUSINESS IS A LLC MY BUSINESS IS A CORPORATION SELECT A DONATION AMOUNT: $200
$100
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OTHER
MASTERCARD
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EXPIRATION DATE
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SIGNATURE
DETACH THIS FORM AND FAX OR MAIL TO THE ADDRESS BELOW East Bay Rental Housing Association 3664 Grand Ave., Suite B Oakland, CA 94610 510.893.9873 | FAX 510.893.2906 ebrha.com TEL
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government affairs
ance places specific parameters around how housing providers can utilize criminal histories in their resident screening processes. NAA, along with our partners at the National Multifamily Housing Council, will issue explanatory material in the coming weeks to help owners and operators navigate the guidance. In general, the HUD guidance seeks to end blanket exclusions of prospective residents based on criminal history in favor of a more individualized approach. Specifically, it prohibits the use of arrest records alone to deny residency and denials based on convictions must consider Legislative updates from NAA’s Senior Vice the nature and severity of the incident. Evaluation of resident screening policies President of Government Affairs. BY GREG BROWN will follow the “burden-shifting” test HUD created in its 2013 Final Rule on confirmed this concept as a legitimate the “Implementation of the Fair Housing extension of fair housing and paved the Act’s Discriminatory Effects Standard.” way for expanded investigative activNot surprisingly, the HUD guidance ity. One of the highest priority areas for raises a number of questions about how these investigations is resident screening, apartment owners and operators will especially criminal background checks. be able to maintain the critical balance Events this April illustrate exactly how between meeting the goals of fair housing fine a point has been placed on this and adequately protecting their residents, aspect of the rental housing application employees and property from criminal process. activity. This is especially complex in The Lawyers Committee for Civil light of state and local laws which in Rights Under Law, according to an some cases create strong disincentives April 4 news release, has “…opened a for owners to rent to those with criminal nationwide inquiry into owners who histories. Moreover, while the guidance impose blanket bans upon applicants establish general parameters, it does is who have had contact with the crimiearly 50 years ago, President not specific about which policies will pass nal justice system.” Thirteen housing Lyndon Johnson signed into muster and which will not. This leaves providers across 12 states have been law the Civil Rights Act of owners and operators in the position of targeted in particular by the Committee 1968. Title VIII of the Act contains trying to thread a very fine needle to stay in this “phase 1” action for allegedly what we commonly refer to as the on the right side of fair housing law. using screening policies that bar anyone Fair Housing Act. This law, along with Changes to long-held understanding with a criminal history from obtaining amendments passed in 1988 and 1990, of how an apartment owner and operahousing. The Committee is a nonparprotects individuals from housing tor should design their tisan, nonprofit entity discrimination based on race, color, reli- formed in 1963 at the “Not surprisingly, processes to comply gion, sex, national origin, disability or the HUD guidance with fair housing request of President John familial status. As a result of this legisla- F. Kennedy. raises a number of rules is not isolated tion, industry training and education, questions about to resident screening. The second and the federal government’s support and how apartment Preconceived ideas are perhaps more significant housing professionals’ hard work, sysowners and operabeing challenged in the event in April related to tematic and intentional discrimination tors will be able to areas of familial status, fair housing and resident in housing has been all but eliminated. occupancy standards, screening is new guidance maintain the critical Federal fair housing enforcement source of income and issued by HUD’s Office of balance between today is focused on the much more meeting the goals many others. NAA, our General Counsel entitled, nuanced area of law involving uninaffiliated associations Application of Fair Hous- of fair housing and tentional discrimination or disparate adequately protectand our members are ing Act Standards to the impact liability. The 2015 Supreme ing their residents, all grappling with these Use of Criminal Records Court decision in Texas Department employees and changes and trying to by Providers of Housing of Housing and Community Affairs v. property from crimi- draw a clear picture of and Real Estate-Related The Inclusive Communities Project, Inc. Transactions. This guidnal activity.” this new world. I suspect
Criminal Background Checks Under Scrutiny
N
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it will be some time before that clarity emerges. For more information on HUD’s most recent guidance as well as resources in other areas of fair housing, go to the NAA website under Government Affairs. Finally, I’m pleased to announce the completion of NAA’s toolkit “Emotional Support Animals: A Practical Guide to Reasonable Accommodation Requests.” The toolkit contains the basics of fair housing law as it relates to assistance animals, frequently asked questions, sample forms and scripts for front-line staff to utilize in various scenarios involving reasonable accommodation requests. There is no substitute for your own legal counsel when it comes to complying with fair housing laws; however, this material is useful in educating staff who receive these requests. You can find the toolkit on the NAA website. RH Greg Brown is the Senior Vice President of Government Affairs with the National Apartment Association. He can be reached at 703-797-0615 or greg@naahq.org.
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esq. & a sor, sublessor, or agent of the owner of record.” Sec. 4B.
Owner Move-in Evictions in Oakland Oakland laws make it difficult for property owners to use and occupy their own property, but not impossible. BY CLIFFORD FRIED & STEVE WILLIAMS
Q
What do I need to know about owner move-in evictions and owners occupancy in Oakland?
A
Since the passage of Measure EE (Oakland’s Just Cause for Eviction Ordinance) in November 2002, many rental property owners, home buyers and Realtors have been curious about the rules of owner occupancy in Oakland. It is possible for owners and buyers to move into houses and apartment units they own. However, there are many complicated restrictions and procedures involved. This article contains most of the details of owner occupancy rights. All code sections refer to Measure EE. Just Cause to Evict In general, a rental property owner may not endeavor to recover possession of a residential rental unit unless one of eleven “just causes” exists. One just cause is for recovery of a unit when the owner of record seeks possession for (1) his or her own use, or (2) use by his or her spouse, domestic partner, child, parent or grandparent. It is not enough that the owner, or her relative, want to use the rental unit. The owner of record must seek possession in good faith, without ulterior reasons and with honest intent, to recover possession for his or her own use and occupancy, or for the use and occupancy by the owner of record’s spouse, domestic partner, child, parent, or grandparent. Sec. 6A(9). 32 RENTAL HOUSING
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Principal Residence The owner must intend to use the premises as his or her (or relative’s) principal residence. While it is permissible for the owner or relative to have other homes, this will open the door to claims of bad faith and dishonest intent on the part of the owner. It is always preferable to sell other residences or terminate existing tenancies before starting an owner move in eviction.
3 Year Occupancy Required There is a presumption that Measure EE has been violated where the owner/relative does not occupy the premises for 36 continuous months. 6A(a). However, this presumption can be overcome if there is a good faith reason for the occupancy not lasting the full or continuous 36 months. Owners are sometimes advised to offer the unit back to the evicted tenant if due to contingent events, the owner or relative can no longer live in the unit. Only One OMI Every 3 Years Measure EE only permits one owner move in (OMI) eviction every 3 years. 6A(9)(b). Thus, if an owner needs a second unit for another owner or family member, he or she must wait 3 years. It should be noted that a similar restriction in the San Francisco Rent Ordinance was struck down by a judge of the San Francisco Superior Court. A similar challenge is being made to the Oakland law.
Similar Vacant Units Sometimes, a similar vacant unit becomes available before or during the eviction process. An owner’s decision not to occupy a similar vacant unit creates a rebuttable presumption of bad faith. This Ownership of Record requirement means vacant units anyOnly owners of record may recover where that are owned by the owner doing possession for owner move in purposes. the evicting. Silent partners or beneficiaries under a There is no absolute requirement for living or revocable trust aren’t eligible the owner to take the vacant unit. Nor to recover possession in order to use the is the owner required to offer the vacant rental unit themselves. unit to the tenant. However, offering the Measure EE defines an owner or vacant unit to the tenant being evicted, at record as a natural person, who is an the same rental rate, is a gesture of good owner of record holding an interest faith. At trial, the owner equal to or greater than “There is no absomust show that their thirty three percent in the lute requirement conduct in not moving property at the time of for the owner to into the vacant unit, or giving a notice terminattake the vacant unit. not offering the unit to ing tenancy and at all Nor is the owner the tenant, was reasontimes thereafter, until and required to offer the able. including the earlier of vacant unit to the the tenant’s surrender of Occupancy Required possession of the premises tenant. However, offering the vacant Within 3 Months or the execution of a writ unit to the tenant The Ordinance requires of possession pursuant to being evicted, at the the owner to take occuthe judgment of a court pancy within 90 days of competent jurisdiction. same rental rate, is a gesture of good of the tenant vacating. Excluded from the faith.” However, the Ordinance definition is any les-
THE POLITICAL EFFORTS OF EBRHA COME FROM ITS PUBLIC AFFAIRS COMMITTEE. TO GET INVOLVED, TURN TO THE CALENDAR ON PAGE 28 OR PAGE 36 TO SEE UPCOMING MEETING DATES.
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does not require a relative for whom an owner does an eviction, to take occupancy within 90 days. 6A(9)(c). The purpose of this section is to make sure the owner really moves in. Where the owner intends to do substantial repairs or improvements, they may have to do work while residing in the unit. Protected Groups May Not Be Evicted For OMI Purposes Certain classes of persons may not be evicted for OMI purposes. 6A(9)(e). An owner may not evict if he or she has or receives notice that a tenant in the unit has resided in the unit five or more years and is either (1) 60 or more years of age, (2) disabled, or (3) catastrophically ill. Disability is determined by the standards set forth in Fair Employment and Housing Act of the State of California. The standard is quite broad. Catastrophic illness is defined as a person who is disabled and who suffers from a life threatening illness as certified by his doctor. The Class protections do not apply if the owner’s qualified relative fits one of
the above 3 classes and where all other units in the property are occupied by protected tenants. 6A(9)(f). Any tenant claiming protected status must submit a statement to the owner with supporting evidence. The owner may challenge the claim at the Rent Board and not in Court. 6A(9)(g). At the Rent Board, the tenant will have the burden of proving protected status. An owner cannot be sued for challenging a tenant claim. Many attorneys recommend filing the challenge at the same time as filing the eviction lawsuit. Only One OMI Per Building Once an owner completes an owner/relative move in eviction, no other current owners/relatives may do a similar eviction and no other unit may become the subject of an OMI eviction without proving disability or hardship to the Rent Board or Court. 6A(9)(h). Notice Requirements According to 6A(9)(I), all owner move in eviction notices are 60 day notices (mini-
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mum) and must state: 1) All property owned by the intended future occupants. However, property is defined in Measure EE as real property located in Oakland. See 4G; 2) Any homeowner’s tax exemption claimed by the intended occupants; and 3) A statement reciting Section 6C of Measure EE verbatim. In addition, there are other technical requirements that must be met by the notice. Property owners should never attempt to prepare and serve their own eviction notice. Please consult with an attorney familiar with these types of evictions rather than risking the loss of time and liability for wrongful eviction. Tenant Buy Outs But the biggest reason for the decline in OMI evictions is because tenant buyouts have proliferated. After the Rent Ordinance passed in 1979, owners were sued for informally asking tenants to leave and for attempting to buy out a tenancy. This all changed when, in the case of Baba v. CCSF Board of Supervisors, it was held that owners had a right of free speech. Since then, owners have been talking “buy out”. Going through a lengthy and uncertain eviction process can be avoided if a tenant is willing to accept cash for keys. The process starts with negotiations about relocation compensation and a move out date. The process ends with a carefully drafted move out agreement. Before starting the buyout process, it is prudent to consult with an attorney. Concluding Remarks Measure EE made it difficult for property owners to use and occupy their own property. But not impossible. Since it would be unconstitutional to exclude property owners from living in their own property, Measure EE merely places obstacles and penalties in the way of owner occupancy. Consult with an eviction attorney that has done these types of evictions to see if you qualify for owner occupancy of your property. —CLIFFORD FRIED AND STEVE WILLIAMS RH
The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Steve Williams and Clifford Fried are attorneys with Fried & Williams LLP. They can be reached at 510-625-0100. 34 RENTAL HOUSING
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DON’T GET LEFT OUT! FOR ALL OF THIS MONTH’S EVENTS, CHECK OUT THE CALENDAR PAGE ON PAGE 36. VISIT EBRHA.COM/ CALENDAR OR CALL 510-8939873 TO REGISTER TODAY! EBRHA recommends Buildium’s property management software. Sign up for your FREE 15-DAY TRIAL at www.ebrha.com/buildium
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ebrha.com
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community calendar EVENTS & CLASSES
may
june
TUESDAY, MAY 3 Public Affairs Meeting Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only 10:00 a.m. - 11:00 a.m. MONDAY, MAY 9 Rent Board Roundtable An informal discussion for members that have or had a rent board hearing. Members are encouraged to bring their paperwork for a sharing and learning opportunity. Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only 10:00 a.m. - 11:00 a.m. TUESDAY, MAY 10 Managing Challenging Tenancies Presented by Michael Shepherd, The Shepherd Law Group Members: $39; Non-members: $69 6:00 p.m. - 7:30 p.m. WEDNESDAY, MAY 18 Small Rental Owners Roundtable An informal discussion on management issues and solutions for individual rental owners Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only 10:00 a.m. - 11:00 a.m. SATURDAY, MAY 21 EBRHA Membership Meeting (Members only) Topics: • Legal Q&A—Speaker TBD • Local Policy Updates—EBRHA Board & Staff 10:00 a.m. - Noon Note: Please enter through back door on Weldon Avenue and ring doorbell for access. Street parking only. THURSDAY, MAY 26 Lunch-n-Learn: Road to Financial Independence Presented by Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors Members: $20 (Members only) Lunch is provided and available at 11:45 a.m. Limited seating, registration deadline is May 24. Advanced registration required at www.ebrha.com/events Noon - 1:30 p.m. TUESDAY, MAY 31 Rental Property Owner 101 Presented by Jill Broadhurst, CCRM, EBRHA Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m.
THURSDAY, JUNE 2 Capital Improvement Passthroughs: How, When and Why? Presented by Liz Hart, Rent Board Matters, Rent Board and Property Management Consultant Members: $39; Non- Members: $69 2:00 p.m. - 3:30 p.m. MONDAY, JUNE 6 Rent Board Roundtable An informal discussion for members that have or had a rent board hearing. Members are encouraged to bring their paperwork for a sharing and learning opportunity. Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only 10:00 a.m. - 11:00 a.m. TUESDAY, JUNE 14 Public Affairs Meeting Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only 10:00 a.m. - 11:00 a.m. WEDNESDAY, JUNE 15 - SATURDAY, JUNE 18 National Apartment Association Education Conference & Exposition Moscone Center, 747 Howard Street, San Francisco Turn to page 12 for more information WEDNESDAY, JUNE 22 Small Rental Owners Roundtable An informal discussion on management issues and solutions for individual rental owners Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only 10:00 a.m. - 11:00 a.m. THURSDAY, JUNE 23 Lunch-n-Learn: Investment Basics Presented by Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors Members: $20 (Members only) Lunch is provided and available at 11:45 a.m. Limited seating, registration deadline is June 22 Advanced registration required at www.ebrha.com/events Noon - 1:30 p.m. TUESDAY, JUNE 28 Rental Property Owner Basics Presented by Jill Broadhurst, CCRM, EBRHA Free to Members and Non-members 2:00 p.m. - 3:30 p.m. THURSDAY, JUNE 30 Baseball Night: Oakland A’s vs. New York Yankees Members: Free (Refundable deposit reserves up to two tickets per member; see ad on page 9 for details) Tailgate — Oakland Coliseum Parking “Lot K” Game — Oakland Coliseum Tailgate — 5:00 p.m.; Game — 7:00 p.m.
No Refunds on no shows; Online advanced registration required! To register and pay, visit ebrha.com/calendar or call (510) 893-9873. Unless noted, all classes and events are held at the EBRHA Education Center, 3664 Grand Ave., Suite B in Oakland. 36 RENTAL HOUSING
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Oakland RENT ADJUSTMENT PROGRAM FEE
Annual fees are $30 per unit and are due March 1. Owners are allowed to pass through $15 to tenants. BUSINESS TAXES & REGISTRATION
Registration fee is $60 and is due March 1. Tax is based on annual gross rental income at a rate of $13.95 per $1,000 of gross rental income. Tax renewal declarations are mailed at the beginning of the year. LANDLORD PETITION FOR EXEMPTIONS
Claims covered include new construction, substantial rehabilitation, and single-family homes or condominiums. CAPITAL IMPROVEMENTS INCREASE FORMULA
(70 % of Improvement Costs ÷ Number of Units) 60 months or 5 years
ANNUAL ALLOWABLE RENT INCREASE
2016-17 (2.0%) NOTE: On April 5, 2016, the Oakland City Council adopted an Interim Emergency Ordinance to temporarily place a 90-day moratorium on rent increases above the annual CPI adjustment and other measures. Go to www.ebrha. com for more information. A CPI increase of 2.0% becomes effective on July 1, 2016. Tenants may only receive one increase in any 12-month period, and the rent increase cannot take effect earlier than the tenant’s anniversary date. In addition, California law requires that for tenancies receiving greater than a 10% increase, a 60-day notice is required; if the increase is 10% or less, a 30-day notice is required. Owners can only impose “banked” rent increases equal to three times the current annual allowable rent increase rate. See schedule at right.
REFER TO ORDINANCE FOR NOTICING, QUALIFICATIONS AND AMORTIZATION PERIODS.
Berkeley RENT STABILIZATION BOARD FEES
Annual fees are $213 per unit and are due July 1. Owners are allowed to pass through $4 to tenants. RATES OF ANNUAL PAYMENT OF SECURITY DEPOSIT INTEREST P E R I OD A MO UN T FEDERAL RESERVE RATES
DEC. 2014. . . . . . . . . . . . . . . . . . . . . N/A DEC. 2013. . . . . . . . . . . . . . . . . . . 0.3% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.5% DEC. 2011. . . . . 0.4% (CORRECTED 11/3/2011) DEC. 2010. . . . . . . . . . . . . . . . . . . 0.4% DEC. 2009. . . . . . . . . . . . . . . . . . . 1.1% DEC. 2008. . . . . . . . . . . . . . . . . . . 3.4% DEC. 2007. . . . . . . . . . . . . . . . . . . 5.3% DEC. 2006. . . . . . . . . . . . . . . . . . . 5.1% DEC. 2005. . . . . . . . . . . . . . . . . . . 3.4%
PERI OD
AM O U N T ( % )
JULY 1 ‘16 - JUNE 30 ‘17 . . . . . . . . . 2.0 JULY 1 ‘15 - JUNE 30 ‘16 . . . . . . . . . 1.7 JULY 1 ‘14 - JUNE 30 ‘15 . . . . . . . . . 1.9 JULY 1 ‘13 - JUNE 30 ‘14 . . . . . . . . . 2.1 JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0 JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0 JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7 JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7 JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2 JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3 MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3 MAY 1 ‘05 - MAY 30 ‘06 . . . . . . . . . . 1.9 Visit www.ebrha.com/members to see previous adjustments.
FOR FURTHER INFORMATION CONTACT:
Oakland Rent Board 250 Frank H. Ogawa Plaza, Ste. 5313 Oakland, CA, 94612 510.238.3721 | www.oaklandnet.com
ANNUAL ALLOWABLE RENT INCREASE
2016 (1.5%) PERI OD AM O U N T
Beginning in 1998, adjustments are not allowed for the year following a tenant’s initial occupancy. To obtain the maximum amount for a specific address, please use the “Rent Ceiling Database” calculator on Berkeley’s Rent Board website. Visit www.ebrha.com/members to see previous adjustments.
2016. . . . . . . . . . . . . . . . . . . . . . . . 1.5% 2015. . . . . . . . . . . . . . . . . . . . . . . . 2.0% 2014. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6% 2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7% 2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2% 2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6% 2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9% 2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3 (1% + $3 IF TENANCY CREATED AFTER JAN. 1999) *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.
BERKELEY RATES
FOR FURTHER INFORMATION CONTACT:
DEC. 2014. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3%
Berkeley Rent Board 2125 Milvia Street Berkeley, CA 94704 510.981.7368 | www.ci.berkeley.ca.us/rent ebrha.com
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vendor directory — CONTACTS, PRODUCTS & SERVICES ABATEMENT SERVICES
P.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.com Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net ACCOUNTING & TAX
Collins, Mason & Company LLP Teresa Mason 510-891-9000 www.cmcaccountants.com The Lee Accountancy Group, Inc. Jong H. Lee, CPA 510-836-7400 jhlee@theleeaccountancy.com APPLIANCE SALES & PARTS
Appliance Parts Distributor Mike De Fazio 510-357-8200 www.apdappliance.com Appliance Warehouse of America David Jepsen 510-921-1071 www.appliancewhse.com APPRAISERS
Access Appraisal: Apartment Specialists Joe Spallone 510-601-1466 www.accessappraisal.com Mark Watts Commercial Appraiser Mark A. Watts 415-990-0025 www.markwattscommercialappraisal.com
Law Offices of Brent Kernan Brent Kernan 510-712-2900 bkernan@aol.com Law Offices of Elaine Lee Elaine Lee 510-848-9528 www.elaineleeattorney.com Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Alan J. Horwitz 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com ATTORNEYS - LAND USE/CONDO CONVERSION
Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com ATTORNEYS - REAL ESTATE/CORP.
Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Ericksen Arbuthnot Jason Mauck 510-832-7770 ARCHITECTURE www.ericksenarbuthnot.com InsideOut Design Fried & Williams LLP Pennell Phillips Clifford Fried 510-655-1198 510-625-0100 www.aboutinsideout.com www.friedwilliams.com ASSOCIATIONS Jack Schwartz, Attorney at Law BOMA Oakland/East Bay Jack Schwartz Christine Maley-Grubl 650-863-5823 510-893-8780 jwsjr1220@comcast.net www.bomaoeb.org Law Offices of John Gutierrez Oakland/Berkeley Association of Realtors John Gutierrez Davina Lara 510-647-0600, x2 510-836-3000 www.jgutierrezlaw.com oaklandberkeleyaor.com Richards Law Oakland Chamber of Commerce John Richards Barbara Leslie 925-231-8104 510-874-4808 www.richards-legal.com www.oaklandchamber.com ATTORNEYS - EVICTIONS/PROPERTY OWNER DEFENSE
Bornstein & Bornstein Daniel Bornstein 510-836-0110, x1007 www.bornsteinandbornstein.com Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com 38 RENTAL HOUSING
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AUTOMOTIVE
Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com BANKING/LENDING
Chase Commercial Josh Milnes 510-891-4545 josh.milnes@chase.com Chase Commercial Ted Levenson 415-945-5430 ted.levenson@chase.com First Foundation Bank Michelle Li 510-250-8133 www.ff-inc.com
Intervest Mortgage Marc Lipsett 510-332-6964 www.intervest-mortgage.com Luther Burbank Savings Larry Miller 925-627-2790 www.lutherburbanksavings.com Pacific Western Bank Marc Lipsett 510-332-6964 www.pacificwesternbank.com SF Fire Credit Union Herman White, Jr. 415-674-4808 www.sffirecu.org Torrey Pines Bank Dale Marie Golden 510-899-7536 dgolden@torreypinesbank.com BATHROOM/KITCHEN REMODELING & BUILDING SUPPLIES
American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Ashby Lumber Bettina Skehan 510-843-4832 www.ashbylumber.com Bathfitter Rod Mills 510-969-3905 www.bathfitter.com D.W. Hamilton Construction, Inc. D.W. Hamilton 510-919-0046 www.dwhamiltonconstruction.com Home Depot Allan Jocson 510-375-5237 www.homedepot.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Sincere Home Decor Hei Chan 510-835-9988 www.sincerehomedecor.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com CABINETS & COUNTERTOPS
Elegant Stone & Cabinets Linh Duong 925-954-8845 www.elegantstoneandcabinets.com CARPET CLEANING
Cleaner Carpets Ron Russell 510-522-1344 cleanercarpet@juno.com
vendor directory CONCRETE
Mauri Concrete Construction Co. Marcelo Mauri 510-541-5260 www.mauriconcrete.com CONSTRUCTION
A-One Construction Dirksen Rogers 408-690-0890 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com D.W. Hamilton Construction, Inc. D.W. Hamilton 510-919-0046 www.dwhamiltonconstruction.com Going Green Dan Antonioli 510-652-7593 www.going-green.co KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Schafer Construction, Inc. Mike Barker 510-568-7200 www.schaferconstructioninc.com SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com W. Charles Perry & Associates W. Charles Perry 650-638-9546 www.wcharlesperry.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com CONTRACTORS/RESTORATION
ARC Water Damage Nina Lauffer 510-835-3073 www.arc-ca.com Har-Bro Restoration Inc. Sonia Fuetsch 650-670-2364 www.harbro.com Servpro of Lafayette/Moraga/Orinda Jenny Villena 925-299-1323 servpro9542@sbcglobal.net Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net DOORS & GATES
R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com ELECTRIC VEHICLE CHARGING
NRG EVgo Mehr Kouhkan 310-954-2930 www.nrgevgo.com
ELECTRICIANS
Thomas Electric Co. (TEC) Thomas Hurtubise 510-814-9387 www.tecelectric.net ELEVATOR REPAIRS
Paramount Elevator Corp. Mark Pipoly 510-835-0770 www.paramountelevator.com FINANCIAL PLANNING
David White & Associates Miguel Delgado 925-277-2635 www.dwassociates.com Enhance Wealth Advisors Terry Allen, CFP®, AWMA SM 925-932-8609 info@enhancewa.com FIRE EXTINGUISHER SALES & SERVICES
Best Equipment Co. LLC Denise Haughin 510-655-8882 bestfireequipment@att.net FIRE PROTECTION
Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com FLOOR COVERINGS
Bay Area Contract Carpets, Inc. Ken Scott 510-613-0300 www.bayareacontractcarpets.com GOVERNMENT AGENCIES
Housing Authority of the City of Alameda Mike Pucci 510-747-4325 www.alamedahsg.org Oakland Housing Authority Leased Housing 510-874-1500 www.oakha.org HANDYMAN SERVICES
APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Halcyon Properties Roger Shane 510-847-7075 rbshane@aol.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey 510-727-9128 cpmbailey@sbcglobal.net HAULING SERVICES
KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com
HEATING & AIR CONDITIONING
Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com HOME WARRANTIES
First American Home Warranty Megan Cormier 707-596-5334 mcormier@firstam.com HOUSING SERVICES
Hamilton Family Center – First Avenues Mayo Lunt 510-763-8540 www.hamiltonfamilycenter.org HUMAN RESOURCES MANAGEMENT
Avitus Group Lance Harris 925-827-0680 www.avitusgroup.com INSPECTIONS
SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com INSURANCE
Bulloch Insurance Brokers, Inc. Curt Bulloch 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com Gordon Insurance Pamela Hutchins 877-877-7755 www.gordoninsurance.com The Greenspan Co./Adjusters Int’l. Rich Hallock 866-331-4790 www.greenspan-ai.com Jain L. Williams - State Farm Insurance Jain L. Williams 510-530-3222 www.jainwilliams.com Kelly Lux – State Farm Insurance Kelly Lux 510-521-1222 Kelly.lux.gjcg@statefarm.com Ruth Stroup Insurance Agency Ruth Stroup 510-874-5700 www.stroupinsurance.com Stone Creek Insurance Agency Tom Lynch 925-297-4202 www.stonecreekinsurance.com Yonas Hagos - Farmers Insurance Yonas Hagos 510-763-1030 www.farmersagent.com/yhagos INTERCOMS & ACCESS CONTROLS
R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com INVESTMENT OPPORTUNITIES
Martinez Real Estate Investment Jose Martinez 510-769-0436 ebrha.com
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vendor directory L. J. Kruse Co. Janell Yates 510-644-0260 www.ljkruse.com Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com
LAUNDRY EQUIPMENT
Coinmach Claudette Lucey 510-909-9786 www.coinmach.com Excalibur Laundries Richard Lisowski 510-872-1664 www.excaliburlaundries.com Innovative Coin Cheri Guffey 510-259-1494 www.innovativelaundry.com
PROPERTY MAINTENANCE
LEAD, MOLD & PEST MANAGEMENT
Alameda County Healthy Homes Dept. Julie Twichell 510-567-8252 www.aclppp.org LITIGATION SUPPORT SERVICES
SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com
SYNCrew John Cranston 415-968-1593 www.syncrew.com PROPERTY MAINTENANCE SUPPLIES
Golden Gate Locksmith Co Ralph Scott 510-654-2677 kgglocksmith@yahoo.com
PROPERTY MANAGEMENT
Advent Properties, Inc. Benjamin Scott 510-289-1184 www.adventpropertiesinc.com Bay Property Group Daniel Bornstein 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner 510-428-1864 www.beaconprop.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com
MARKET RESEARCH
Axiometrics Inc. Amy Wolff Sorter 469-621-9669 asorter@axiometrics.com PAINT
BEHR Paint Nick Mounts 415-416-0994 www.behr.com The Sherwin-Williams Co. Sean Callahan 925-932-3363 x134 www.sherwin-williams.com PEST & VECTOR CONTROL
Alameda Co. Vector Control Services Daniel Wilson 510-567-6826 daniel.wilson@acgov.org California American Exterminator Tami Stuparich 831-338-4800 www.calamericanext.com Terminix Robert Sater 510-489-8689 www.terminix.com Times Up Termite Mike Barker 510-568-7200 www.timesuptermite.com PLUMBING/WATER HEATERS
Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Frank Bonetti Plumbing Dan Bonetti 510-582-0934 www.bonettiplumbing.com
| MAY 2016 |
PROPERTY MAINTENANCE SOFTWARE
Ferguson Enterprises, Inc. Jermane Griffin 916-752-7608 jermane.griffin@ferguson.com
LOCKSMITH EVICTION SERVICES
40 RENTAL HOUSING
APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com
ebrha.com
Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com Crane Management Kit Crane 510-918-2306 www.cranemanagment.net
Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com Seville Real Estate and Management Maya Clark 510-610-7699 www.homesbyseville.com Shaw Properties Judy Shaw 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com Wellington Property Company Jillian Loh 510-338-0588 www.wellingtonpropertyco.com Woodminster Property Management Nicholas Drobocky 510-336-0202 www.woodminstermanagement.com PROPERTY MANAGEMENT SOFTWARE
NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com On-Site Janis Rossi 408-795-4167 www.on-site.com Seville Real Estate and Management Maya Clark 510-610-7699 www.homesbyseville.com REAL ESTATE BROKERS & AGENTS
Advent Properties, Inc. Benjamin Scott 510-289-1184 www.adventpropertiesinc.com ARA Pacific Mike Colhoun 415-273-2177 www.arausa.com Better Homes Realty Rene Mendieta 510-388-4092 rmendieta@att.net
The Enterprise Company William McLetchie 510-444-0876
Caldecott Properties Andy Read 510-594-2400 www.caldecott.com
ERI Property Management Terrence Sims 510-883-7070 www.erirentals.com
CBRE Keith Manson 510-874-1919 www.cbre.com
Lapham Company Jon M. Shahoian 510-594-7600 www.laphamcompany.com
Coldwell Banker – Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com
Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com
Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com
OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com
Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com
vendor directory Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap Eli Davidson 510-379-1280 eli.davidson@marcusmillichap.com Marcus & Millichap David Wolfe 510-379-1200 www.marcusmillichap.com NAI Northern California Grant Chappell 510-336-4721 www.naikilpatrick.com The Prinza Group Steven Pinza 510-725-4775 www.pinzagroup.com Property Counselors Link Corkery, Inc. Link Corkery 510-886-1212 www.pclclink.com Red Oak Realty Vanessa Bergmark 510-292-2000 vanessa@redoakrealty.com Seville Real Estate and Management Maya Clark 510-610-7699 www.homesbyseville.com Six Degrees Realty Stephanie Christmas 510-461-4663 www.stephaniechristmas.com Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com RECYCLING/REUSE
Urban Ore Marylou Van 510-841-7283 www.urbanore.com RENT CONTROL CONSULTANTS
Alan K. Beales 510-339-9776 Bay Property Group Cristian Villarreal 510-474-7404 cristian@baypropertygroup.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com Liz Hart 510-813-5440 liz.hart1801@gmail.com RENTAL SERVICES
Hamilton Properties Bay Area Delesha Hamilton 404-606-2141 www.hamiltonpropertiesbayarea.com Caldecott Properties Julie Keys 510-225-9244
www.caldecott.com ROOFERS
A-One Construction Dirksen Rogers 408-690-0890 www.a-oneconstruction.com Fidelity Roof Company Doug Kellor 510-547-6330 www.fidelityroof.com Frank Fiala Roofing Frank Fiala 510-582-6929 www.ffialaroofing.com General Roofing Company Michael Wakerling 510-536-3356 www.generalroof.com SECURITY/SURVEILLANCE
ADT Security Systems Bobby Augusto 925-222-8034 www.adt.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com SEISMIC CONSTRUCTION
Adobe Soil & Structures Mark Almeida 510-919-1880 www.adobesoils.com B.A.S.S. Seismic Retrofit D.W. Hamilton 510-919-0046 www.bassseismicretrofit.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com SEISMIC ENGINEERING
Earthquake & Structures, Inc. B.K. Paul 510-601-1065 www.esiengineers.com W. Charles Perry & Associates W. Charles Perry 650-638-9546 www.wcharlesperry.com SOLAR ENERGY
Sun Light & Power Martin Morehouse 510-809-3686 martin@sunlightandpower.com SUBMETERING
NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com TENANT SCREENING SERVICE
Contemporary Information Corp. (CIC) Dan Firestone 888-232-3822 www.continfo.com TOWING SERVICE
Ken Betts Towing Services
Ayub Azam 510-532-5000 www.kenbettscompany.com PPI Towing Stephanie Gipson 510-533-9600 www.ppitowing.net TREE SERVICE
Bartlett Tree Experts Tony DeMola 925-934-6306 www.bartlett.com Coastal Tree Service Hans Waller 510-693-4631 www.coastaltreeservice.com TUB, TILE & COUNTERTOP REFINISHING
Discovery Coatings Gargie Balarbar 415-971-8207 www.discoverycoatings.com UTILITY MANAGEMENT
NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com VETERANS SERVICE ORGANIZATION
Swords to Plowshares Norman Thomas 510-844-7500 www.swords-to-plowshares.org WASTE & COMPOST COLLECTION
Bay Area Bin Support Nancy Fiame 888-920-BINS www.bayareabinsupport.com Bay Area Waste Services Peter Gella 510-788-0462 www.bawaste.com Waste Management Company Karen Stern 510-430-8509 www.wastemanagement.com WATER HEATERS
Water Heaters Only, Inc. Yana Carpenter 800-835-5946 www.waterheatersonly.com WATER MANAGEMENT
HydroPoint Data Systems Dominique Perry 707-285-3233 www.hydropoint.com WINDOWS
SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com ebrha.com
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MAY 2016
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RENTAL HOUSING 41
ad index
PRODUCTS & SERVICES APPLIANCE PARTS & SALES
Appliance Parts Distributor. . . . . . . . . . . . . 19
Local Knowledge, Local Advocacy, Local Support When You Need It
ATTORNEYS
Bornstein & Bornstein. . . . . . . . . . . . . . . . . . 31 The Evictors. . . . . . . . . . . . . . . . . . . . . . . . . . 35 Fried & Williams LLP. . . . . . . . . . . . . . . . . . . 25 The Shepherd Law Group . . . . . . . . . . . . . . 20 BUILDING MATERIALS/HARDWARE
Urban Ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
EAST BAY RENTAL HOUSING ASSOCIATION (EBRHA) is a nonprofit trade organization representing owners and managers of apartments, condominiums, duplexes, single-family homes and other types of rental housing. EBRHA members range in size from small investors with just one property to large property management companies that own or manage hundreds of units. Our membership consists of more than 1,400 rental housing owners, property managers, attorneys and other service contractors. Altogether, EBRHA represents over 20,000 rental units, and serves over 25 cities throughout Alameda and Contra Costa counties. n Property management advice by phone or in person n Tenant screening service (application/report fees apply) n Annually updated legal forms, including forms online 24/7 n Monthly workshops on new laws, rental agreements, security deposits, legal notices, fair housing, rent control, and more n Vendor directory of local businesses that offer exclusive member discounts n Annual trade expo and networking mixers n Monthly educational membership meetings n Community outreach and education n Local and state lobbying n An active and growing Legal Action Fund and Political Action Committee n Subscription to Rental Housing and units n Membership with the National Apartment Association and CalRHA
CARPETING & FLOORING
Bay Area Contract Carpets, Inc.. . . . . . . . . 33 CONSTRUCTION
West Coast Premier Construction. . . . . . . 27 ENGINEERS
Earthquake and Structures, Inc.. . . . . . . . . 31 West Coast Premier Construction. . . . . . . 27 INSURANCE COMPANIES
Jain Williams—State Farm. . . . . . . . . . . . . . 27 KITCHENS AND BATHROOMS
Sincere Home Decor. . . . . . . . . . . . . . . . . . . . 3 LAUNDRY
Innovative Coin . . . . . . . . . . . . . . . . . . . . . . . 27 LENDERS
JPMorgan Chase Bank. . . . . . . . . . . . . . . . . . 7 PLUMBING
Albert Nahman Plumbing . . . . . . . . . . . . . . 33 PROPERTY MANAGEMENT
Maisel Property Management. . . . . . . . . . . 26 PROPERTY MANAGEMENT & SALES
Bay Property Group . . . . . . . . . . . . . . . . . . . 31 Beacon Properties. . . . . . . . . . . . . . . . . . . . . 29 RECYCLING
Oakland Recycles . . . . . . . . . . . . . . . . . . . . . . 5 RENT BOARD CONSULTANTS
Liz Hart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ROOFING SERVICES
Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 33 General Roofing Co. . . . . . . . . . . . . . . . . . . . 27 WATERPROOFING
Applied Waterproofing Systems . . . . . . . . 35
3664 Grand Avenue • Suite B Oakland, CA 94610
WASTE & COMPOST COLLECTION
Bay Area Bin Support. . . . . . . . . . . . . . . . . . 43 WINDOWS, DOORS & SIDING
JOIN TODAY! CALL 510-893-9873 OR GO TO WWW.EBRHA.COM/JOIN 42 RENTAL HOUSING
| MAY 2016 |
ebrha.com
SGK Solutions.. . . . . . . . . . . . . . . . . . . . . . . . 44 Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered.
Let us curb your trash...and your worries. Bay Area Bin Support offers push/pull service to residential and commercial properties throughout Alameda County. Specializing in large, dumpster-size bins, Bay Area Bin Support will come to your property in the early morning hours to pull out your trash bins and securely place them curbside for your local garbage company pick up. Once serviced, we will promptly return to your property to return your bins to their location. From the weight of the bins, to the sloping streets, and even the early morning hours required to do the job, we realize that this can be a challenging task for property owners and managers. Bay Area Bin Support can assist at affordable rates!
For more information or to setup service, call: 1-888-920-BINS www.bayareabinsupport.com
Proud member of the East Bay Rental Housing Association
Volunteer and save! See page 17 for details.
925-344-5755 877-264-6964
(Call Now For a Free Estimate)