Rental Housing - October 2015 by Rental Housing

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | OCTOBER 2015

You’re Invited to Our

9th ANNUAL TRADE EXPO

PLUS: ARE YOU GETTING LAZY WITH YOUR RENTAL PROPERTIES? HOW TO HANDLE REQUESTS FOR THERAPY PETS IN YOUR UNITS

Thursday, Oct. 1 at the Greek Orthodox Church in Oakland

Contents

OCTOBER 2015

East Bay Rental Housing Association Volume XII, Number 10 October 2015 EBRHA OFFICE

Special Expo Issue

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

Expo Schedule of Events

See You at our 9th Annual Trade Expo BY JILL BROADHURST

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

PUBLISHER

Wayne C. Rowland MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff

Expo Workshops at a Glance

ART DIRECTOR & COPY EDITOR Esteban Cortez ADVERTISING

Tina Bocheff | 510.318.8303

Features & Columns NEWS

Richmond Rent Ordinance Suspended

SPEAKER BIOS

EXHIBITOR BIOS

FEATURE

Meet the Experts

Meet the Vendors Are You Getting Lazy? BY DAN LIEBERMAN

COURT TALK

Red Tape for Property Owners BY CLIFFORD FRIED

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GOVERNMENT AFFAIRS

Presidential Race & Congressional Issues BY GREG BROWN

ESQ&A

Verify to Clarify BY VARIOUS AUTHORS

Events & Directory 34 GREEN SHEET 36 COMMUNITY CALENDAR 38 M EMBER DIRECTORY 42 M EMBERSHIP APPLICATION 42 A D INDEX

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. Rental Housing is published monthly for $36 per year by the East Bay Rental Housing Association (EBRHA), 360 22nd Street, Suite 240, Oakland, CA 94612. Rental Housing is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed 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 ÂŠ 2015 by EBRHA. All rights reserved.

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RENTAL HOUSING 3

contributors JILL BROADHURST As EBRHAâ&#x20AC;&#x2122;s Executive Director, Jill is responsible for the strategic goals of the organization, including the financial health, membership growth, education curriculum and service options. Jill began her work with EBRHA as the Community Affairs and Advocacy Director back in 2010. At a very young age, Jill was introduced to property management and ownership through her immigrant parents. It is from this very personal story that she is able to provide balance and clarity in representing the diverse make-up of property owners.

GREG BROWN As Senior Vice President of Government Affairs for the National Apartment Association, Greg Brown directs all of the advocacy efforts for the federation of 170 affiliated apartment associations around the United States, representing 68,000 members and 7.8 million rental homes. He leads a team of eight professionals to implement a comprehensive strategy of federal, state and local advocacy, political engagement and tactical communications. He also counsels NAA leaders and senior staff, as well as affiliates and their members, on policy and political matters, manages a $2+ million annual budget, and represents the Association on Capitol Hill and in front of Executive Branch agencies.

CLIFFORD FRIED Clifford Fried is a real estate attorney with expertise in landlord-tenant law, eviction and rent control matters in Oakland and the Bay Area. He and his law firm represent residential landlords 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.

DAN LIEBERMAN Dan Lieberman is the president of Milestone Properties in Oakland. He has extensive experience renovating, marketing and repositioning multifamily properties. Over the past 18 years, he has upgraded and managed over 50 apartment communities in the East Bay. Dan was the 2004 president of the California Apartment Association, and he is currently writing a book on how to improve the performance of your rental properties.

ONLINE 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 2015, rental property owners can collect a maximum of $45.99 for an application fee.

MEMBER PRICING Basic Report* . . . . . . . . . . . $15 Bad Check Search. . . . . . . . $10 Social Security Search. . . . . $7 Criminal . . . . . . . . . . . . . . . . $10 Criminal (County) . . . . . . . . $10 Verbal and Fax Reports . . . . . . . Add $20

*Includes TransUnion credit report, FICO score and eviction history

East Bay Rental Housing Association TEL

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510.893.9873 | FAX 510.893.2906 www.ebrha.com

Free Bulky Drop Off for Oakland Residents SAT

Saturday, November 7, 2015 10 am - 2 pm Davis Street Transfer Station 2615 Davis Street, San Leandro

Oakland residents* may drop off bulky materials at no charge during four annual events. These will be the first Saturday of the month every November, Februrary, May and August.

Maximum materials allowed:

Two (2) pieces of furniture

Four (4) Mattresses

No trash or commercial deliveries

Unlimited electronics

Two (2) large appliances

Four (4) passenger auto tires

NOV 2015

FEB 2016

Nov 7, 2015

Feb 6, 2016

MAY 2016

AUG 2016

May 7, 2016

Aug 6, 2016

*with proof of residency (driverâ&#x20AC;&#x2122;s license or utility bill)

For more information visit OaklandRecycles.com or call Waste Management of Alameda County at (510) 613-8710.

COLUMN

news San Leandro Considering Amendments to its Rent Review Program

PHOTO: NICK FULLERTON / CREATIVE COMMONS

Richmond Rent Control Ordinance Suspended consistently on what has been going on in Richmond. In September, in cooperation with other property owner trade partners, the rent control referendum was timely submitted to the City Clerk with more than the required signatures to suspend the effective date of the ordinance and to require the Council to reconsider it. Therefore, the Rent Control and Just Cause Ordinance is suspended. The signed petitions were to be delivered by the City Clerk to the County Elections Office for verification of the signatures. There is a 30 day time allowance (not counting weekends and holidays) to complete the verification and certify the results. Once that is accomplished, the matter will go to Richmond City Council for consideration. Council’s options are to either repeal the ordinance or place it on the ballot at the next regular municipal election (November 2016). They may also call a special election (likely the presidential primary on June 7, 2016). EBRHA will send updates on the Richmond ordinance as they become available. EBRHA HAS BEEN KEEPING YOU INFORMED

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San Leandro is considering making amendments to its Rent Review Program. The proposed amendments to the San Leandro Rent Review Ordinance will be presented to the Rent Review Board at its next regularly scheduled meeting on Tuesday, September 22. Based upon any additional public feedback at the September 22 meeting, the final proposed amendments are scheduled to be presented to City Council for review and public comment on Monday, October 19, 2015. EBRHA will continue to send updates on San Leandro and other East Bay cities as they consider implementing new rent rules and regulations.The proposed amendments can be seen at http:// www.sanleandro.org/depts/cd/housing/ rentreview/default.asp.

Alameda City Council Adopts Two Rent Ordinances On September 1, 2015, the Alameda City Council adopted two ordinances: Ordinance 3131 pertaining to rent increases and Ordinance 3132 adding the Rent Review Advisory Committee (RRAC) to the municipal code. The Rent Review Advisory Committee (Committee) reviews complaints of significant rental increases, providing a “neutral forum for renters and residential property owners to present their views.” It evaluates increases, determines whether they are equitable, and, if not, attempts to mediate a resolution acceptable to all parties. Under the new ordinance, to request review and mediation, the renter fills out a Rental Increase Complaint (RIC) form for submission to the Committee. The front of the RIC asks for a history of the rents, a description of the size of the unit and amenities of the building. The reverse side is for complaints regarding maintenance. The owner is sent a copy of the form and a letter requesting attendance at the next meeting. The renter also receives written notice of the meeting. The Committee’s process is voluntary.

C O L D W E L L B A N K E R However, attendance by the property owner is expected to enable the Committee to carry out its role as established by the City Council. Failure to participate in the meeting can result in referral to the Council and adverse publicity for the owner. For more information about the RRAC, visit the Alameda Housing Authority’s Website at www.alamedahsg. org/hcd_rrac.html.

Bulky Drop-off Event Scheduled for Saturday, November 7 in Oakland Oakland’s next Bulky Drop-off event is scheduled for Saturday, Novem-

ber 7 from 10 a.m. to 2 p.m. The Bulky Drop Off occurs four times a year on the first Saturday in February, May, August and November at the Davis Street Transfer Station at 2615 Davis Street, San Leandro. Residents and property owners alike can bring these bulky items for disposal with proof of Oakland residency (a driver’s license or utility bill). The maximum materials allowed are: two (2) pieces of furniture, two (2) large appliances, unlimited electronics, four (4) passenger auto tires, and four (4) mattresses. Materials not accepted are household hazardous waste (e.g. paint, fluorescent bulbs and tubes, and batteries) and household trash (bagged or loose). In addition to the Bulky Drop-off service, the new Bulky Curbside program for multifamily buildings provides collection for designated bulky items, up to 1.5 cubic yards of material per unit annually. Property owners can schedule curbside collection as needed and can even arrange for bin service for buildingwide collection events. Bulky items per unit include one (1) large appliance, two (2) TV and computer monitors, tires, mattresses and two (2) carpets, as well as consumer electronics, metal objects, bundled cardboard, untreated wood and bagged yard trimmings for recycling. To learn more about the two free bulky programs, visit EBRHA.com/zerowaste to download the Property Manager’s Tool Kit, which contains details about these and many other services of the new Oakland Zero Waste program. RH

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RENTAL HOUSING 7

EXPO

an invitation

See You at Our 9th Annual Trade Expo An invitation from EBRHA’s executive director. BY JILL BROADHURST

ur offices have not slowed down at all since January! After a tedious but triumphant move—only a mile away from our old office—we have been in housing policy smackdown with every city, looking at ways to “improve” their housing situation. It is rare to find a city willing to look at numbers and facts based on reaching their objectives and outcomes—and we see more and more local governments being swept away with dogmatic emotion. It has kept us busy and you, our members, have been justifyingly calling to get the scoop. The market may be strong but so are the efforts to sharpen policy around all cities in the Bay Area. It seems more timely than ever to see you at our annual trade expo, just a few days away. EBRHA’s 9th Annual Trade Expo is set for Don’t miss the 9th Thursday, October 1st, Annual EBRHA Trade and we are excited with Expo on Oct. 1 at what we have organized the Greek Orthodox on your behalf. Once Church. Whether again, the event will take you’re attending one place on a weekday and of our informational will feature free educaworkshops or meettional workshops, top ing industry vendors, local vendors, complimentary food and drink, back there is something at the Greek Orthodox for everyone.

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Church in Oakland with FREE parking. Back by popular demand is Ron Kingston, EBRHA lobbyist and President of California Political Consulting Group. Ron is up in Sacramento every day, running to the capitol, providing testimony at official hearings, meeting with Senators, Assembly members and staff on all proposed legislation. Don’t miss his “News Laws for 2016” presentation. This information is critical to the health of your investment property business. Also, new this year is a workshop by James Kilpatrick of NAI Northern California, in which he will teach attendees Real Estate Strategies for Success. We are also featuring our associate attorneys who participate and assist our members with all of their landlord-tenant concerns regularly. You will have a chance to ask your specific question at this event and have it answered live. While admission is free for EBRHA members, the $20 guest fee can be applied to a new annual membership. So, non-members have nothing to lose and everything to gain by attending this event to learn about the valuable services we offer, including one-on-one property management advice, forms, education, vendor referrals and more. The entire Bay Area residential rental owner and property manager community is invited to this event, but space is limited. Be sure to register today so you don’t miss out. Go to www.ebrha.com/expo to register. Lastly, I want to put in a plug for our Holiday Open House at our new location. If you have not had a chance to stop by please consider coming by 6-8 p.m. on Thursday, December 3 for good conversation and snacks. I look forward to seeing you at our Trade Expo! RH See you there, Jill Broadhurst

EBRHA Executive Director

925-344-5755 877-264-6964

(Call Now For a Free Estimate) ebrha.com

OCTOBER 2015

RENTAL HOUSING 9

EXPO

schedule of events

The East Bay Rental Housing Association presents

9TH ANNUAL

Trade Expo 3:00 p.m. - 7:00 p.m.

Expo Hall Opens Meet more than 60 industry suppliers and enjoy complimentary food and drink

3:30 p.m. Legal Q&A Free legal advice from leading rental housing attorneys and experts 4:00 p.m. - 5:00 p.m.

“New Laws for 2016” Workshop Presented by Ron Kingston, EBRHA State Lobbyist and President, California Political Consulting Group (CPCG)

5:00 p.m.

Legal Q&A Free legal advice from leading rental housing attorneys and experts

5:30 p.m. - 6:30 p.m.

“Improving Your Real Estate Portfolio” Workshop Presented by James Kilpatrick, President, NAI Northern California

6:30 p.m.

Legal Q&A Free legal advice from leading rental housing attorneys and experts

7:00 p.m.

Expo Hall and Event Closes

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OCTOBER 2015

RENTAL HOUSING 11

EXPO

workshops

Workshops at a Glance Learn about new rental housing laws and real estate strategies for success.

New Laws for 2016 Time: 4:00 p.m. to 5:00 p.m. Presenter: Ron Kingston, EBRHA State Lobbyist and President, California Political Consulting Group (CPCG) EACH YEAR, more than 90 residential rental housing bills are introduced in Sacramento. Our political advocacy team works tirelessly to oppose or amend the bills that would be most financially detrimental to you. In this workshop, EBRHA’s lobbyist, Ron Kingston, will discuss the bills that were signed into law this year, and will give you a road map on how to comply with the new laws that will take effect in 2016. He will also talk about controversial bills that are expected to be introduced early next year. Don’t miss this session, where attendees will not only learn of the new laws, but have the opportunity to ask questions and get clarification.

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Improving Your Real Estate Portfolio: 5 Essential Strategies for Success Time: 5:30 p.m. to 6:30 p.m. Presenter: James Kilpatrick, NAI Northern California BIG OWNERS HIRE MBAS AND PORTFOLIO EXPERTS to assess their strategies and assets. If you have fewer buildings, how do you get advice on your investment strategies? Investors with more than $50 million net worth enjoy greater returns and suffer smaller losses. How can you combat this unfair advantage? What types of questions do these third party professionals ask? We will cover five core areas, answering questions like: How should strategies change with your stage of life? If expanding your portfolio, how do you decide what assets fit your risk profile and will give you maximum returns? What tactics should be considered when assessing specific assets? How does today’s real estate cycle affect strategy? Hear from President of NAI Northern California, James Kilpatrick, as he answers these questions and guides you through a step-by-step process of evaluating your current plan and creating a plan to go forward. RH

THANK YOU TO OUR 9TH ANNUAL EXPO SPONSORS Platinum Sponsors

Gold Sponsors

Reception Sponsors

Thanks to our generous expo sponsors who enthusiastically support this event. Without you, this expo would not be possible.

Legal Excellence and Dedication to Clients Fighting for Property Ownersâ&#x20AC;&#x2122; Rights

Landlord-Tenant Disputes & Evictions Rent Board Representation Commercial & Residential Transactions & Leasing Purchase and Sales Agreements Real Estate Litigation Land Use, Zoning & Building Permits Corporate, LLC & Entity Formation Probate, Wills & Trusts 480 9th Street Oakland, CA 94607 Tel: 510-625-0100

177 Post Street, Suite 800 San Francisco, CA 94108 Tel: 415-421-0100

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OCTOBER 2015

RENTAL HOUSING 13

EXPO

speakers

CLIFFORD FRIED

Attorney, Fried & Williams LLP

Meet the Experts EBRHA has assembled a panel of industry experts to keep you informed on rental housing updates DANIEL BORNSTEIN

Attorney, The Law Offices of Bornstein & Bornstein, and Managing Broker, Bay Property Group Daniel Bornstein has over 15 years experience handling real estate/civil litigation related disputes and has successfully handled thousands of landlord/tenant disputes. He is a past EBRHA board member, a member of the Professional Property Managers’ Association and has conducted numerous seminars throughout the Bay Area. He also regularly serves as an expert witness in litigation involving property management and real estate disputes.

WAYNE C. ROWLAND

President of Rowland Property Management and EBRHA President Wayne is President of the EBRHA Board of Directors and is an avid representative of EBRHA issues in the community. He purchased his first property a year out of college and has over 30 years of real estate investment experience. He is a graduate of San Francisco State University with a degree in finance. 14 RENTAL HOUSING

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Clifford Fried is a real estate attorney with expertise in landlord-tenant law, eviction and rent control matters in Oakland and the Bay Area. He and his law firm represent residential landlords 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.

JAMES KILPATRICK

President, NAI Northern California James Kilpatrick is the President of NAI Northern California, a top recognized real estate brokerage firm in the San Francisco bay area. Leading the opening of NAI Northern California’s San Francisco expansion, Mr. Kilpatrick recruited team leaders and supported growth of teams in Industrial, Office and Hospitality divisions of the firm. He continues to oversee the day-to-day operations of NAI Northern California, strategic expansion and large account management.

RON KINGSTON

EBRHA State Lobbyist, and President of the California Political Consulting Group Ron is the President of the California Political Consulting Group (CPCG) and EBRHA’s state lobbyist. Ron’s accomplishments are wellrecognized in the state of California as a result of a deep knowledge of historical, political, functional and technical aspects of the law. Ron has worked as a lobbyist for almost 30 years, during which he has represented clients before Democratic and Republican Legislatures. He is a personable, highly respected and very knowledgeable lobbyist who has written 89 bills, with an enactment success rate of 94%. All but a handful of bills ultimately became law both at the state and federal level. RH

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OCTOBER 2015

RENTAL HOUSING 15

EXPO

about the exhibitors

Meet the Vendors

Our Expo features more than 60 suppliers that offer the products and services you need.

ADT has one of the most trusted and well-known brands in the security industry today. ADT currently serves more than six million residential and small business customers, making us the largest company of our kind in both the United States and Canada. We deliver an integrated customer experience by maintaining the industry’s largest sales, installation and service field force and most robust monitoring network, all backed by the support of nearly 16,000 employees. Our broad and pioneering set of products and services—from interactive home and business solutions to home health services—meet a range of customer needs for today’s active and increasingly mobile lifestyles.

Advent Properties, Inc. was established to offer a comprehensive, responsive, and customer-friendly professional real estate experience in Monterey, Santa Clara, San Mateo, Contra Costa, Alameda and San Francisco Counties. We are experts in real estate sales, commercial and residential property management, and offer on-site and traveling notary public services.

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Alameda County Environmental Health Department exists to protect the health, safety, and well being of the public through promotion of environmental quality.

American River Bank is a regional bank serving Northern California since 1983, with Bay Area offices in Pleasanton and San Jose. We give business owners more reach by offering financial expertise and exceptional service to compliment a full suite of banking products and services. Our honest approach, commitment to community and focus on profitability is intended to lead our clients to greater success.

A-One Construction has been in business for over 30 years, we have transformed ourselves from a successful roofing construction firm into an innovative, service-driven, and customer focused full service Construction Company. In fact, A-One Construction’s vision is to transform the construction experience by bringing more value to every construction project.

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Appliance Parts Distributor is a family owned and operated business that prides itself in customer service. We started out as mainly a distributor (hence the name), but in 1988 started to focus on the apartment replacement appliance business, and have grown from there to also supply builders. We operate 3 stores in San Leandro, Fremont and Dublin with the main 30,000 square foot warehouse in San Leandro. We offer wholesale pricing on all major appliances as well as free delivery within an approximate 50 mile radius.

Located in Northern California, Arc Water Damage services the complete San Francisco Bay Area and vicinity. We offer top service in water damage restoration and decontamination. We are a fully certified restoration company that offers a broad spectrum of services.

Avitus Group is a U.S. based provider of a services suite which includes payroll, benefits, taxes, information technology, training, safety, marketing, bookkeeping and strategic planning all under one roof. “Simplify, strengthen and grow” is our internal mandate to help you as a business owner reduce complexity in managing your company and create a strong organizational structure that allows us to assist in the most important way – to grow your business.

Want to give your bathroom a fresh look without the grueling labor of gutting your entire bathroom? Welcome to BATHFITTER. We fit your bathroomâ&#x20AC;&#x201D; and lifestyleâ&#x20AC;&#x201D;perfectly.

Bay Area Contract Carpets is a familyowned business with more than 100 years experience in residential and commercial carpet installations and sales. Visit our 15,000 square foot warehouse and showroom to see our extensive stock of carpet and linoleum, and for free estimates and competitive pricing.

Bay Property Group is the Bay Areaâ&#x20AC;&#x2122;s premier commercial real estate, professional property management and residential leasing company. We serve the entire Bay Area, including San Francisco, Oakland, Berkeley, Alameda, Fremont, Newark, Union City, South Bay and beyond.

Bornstein and Bornstein is a San Francisco law firm providing an array of real estate and civil litigation legal services throughout San Francisco, Oakland, Berkeley, San Jose, Marin, and throughout the entire Bay Area. Our attorneys are committed to providing aggressive representation for a reasonable fee.

Chase provides owners and investors of apartment buildings with the right financing solutions to meet their needs. Whether you are looking to refinance an existing apartment building or purchase a new building, we have the loan programs to help get your deal done, with no hassles and no surprises.

Since 1986, CIC has provided quality tenant screening solutions which are backed by the most complete eviction, criminal and credit information available nationwide.

Credit Bureau Associates is a family owned and operated third generation collection agency that assists property managers and owners in recovering money due them. We accept accounts that are past due including money judgments. We report accounts to all the national credit bureaus and search daily for new addresses, phone numbers, jobs and assets.

The Oakland Rent Adjustment Program works to encourage open communication and to foster a climate of understanding between Oakland landlords and tenants by providing mediation services for cases involving rent increases and some evictions.

Coinmach delivers complete laundry solutions, not just coin operated equipment. Through design, installation and maintenance of common area laundry rooms, Coinmach delivers industryleading laundry solutions to multifamily owners, managers and residents nationwide.

Detect All Security & Fire is a familyowned business and a local leader in the Northern California and Southern Oregon regions. Our comprehensive security solutions are custom engineered to meet your unique needs. We recognize that security means more than just a burglar alarm; it is providing peace of mind that your home, your family, your business and your livelihood are well-protected.

Commercial Coverage provides competitive commercial insurance programs on a national basis. We are based on a simple concept that is too often overlooked: We work for YOU!

Founded in 1984, Earthquake and Structures, Inc. is a consulting A/E firm that provides professional services in construction management, structural, civil engineering, and architectural design to public and private sector clients.

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OCTOBER 2015

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title here(cont’d) exhibitors

COLUMN EXPO

The East Bay Municipal Utility District provides high-quality drinking water to 1.3 million customers in Alameda and Contra Costa counties. The District’s award-winning wastewater treatment protects and serves 650,000 customers.

With over 50 years of multihousing laundry experience, Excalibur has unparalleled expertise in providing laundry service to apartment communities, condominiums, university housing and military installations. We use only the most energy efficient equipment available today and specialize in quick response to service or repair requests.

Frank Fiala Roofing, Inc. is a professional roofing contractor specializing in commercial and industrial buildings, single and multi-family residential, and Homeowners Associations (H.O.A). We provide a quality job at a fair price, and the best warranty available in today’s market.

Fried & Williams LLP is a law firm with expertise in landlord-tenant law, eviction and rent control matters in Oakland and the Bay Area. We provide cost effective litigation and transactional representation for owners of real property.

With over 60 years of experience serving commercial and residential buildings, Fidelity Roof Company has the experience and knowledge to solve a broad range of roofing and waterproofing problems with time proven, practical, cost-effective solutions.

First American Home Buyers Protection is a member of First American Financial Corporation family of companies. For over 30 years, First American has been one of the largest and most successful home warranty companies in the nation. You can feel confident in knowing that if you have a covered system or appliance break down, we have the experience to take care of the problem.

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General Roofing Company has been installing quality roofs in the East Bay for over 80 years and is considered to be one of the top firms in the Bay Area. We are committed to doing quality, custom work to which our referrals will attest. We work closely with our customers and custom-tailor any work performed to their specific needs.

Established in 1987, INTERVEST Mortgage Investment Company was formed as an independent commercial and income property mortgage banking subsidiary of Sterling Bank. From this solid foundation, INTERVEST has grown dramatically to become its own successful, independent operation throughout the West.

We are a full service General Building and Maintenance Contractor specializing in Residential, Investment and Light Commercial Construction Projects throughout the Greater East Bay Area. Our clients include property owners, investors, property managers, real estate and insurance agents and those who demand a construction company committed to providing the highest level of customer satisfaction available.

Luther Burbank Savings was founded in 1983 as a privately owned bank. For 29 years we have emphasized operational excellence and a high standard of business ethics. Our business plan focuses on traditional mortgage loans and conventional savings accounts.

Mark Watts Commercial Appraiser. Mark Watts understands both the intricacies of the appraisal process and the rapidly changing commercial real estate market throughout the San Francisco area. As part of the eminently qualified team at Carneghi-Blum & Partners, Inc. Mark offers 20 years of personal experience and the resources of one of the area’s leading firms.

Commercial Real Estate Services, Worldwide.

NAI Northern California is a progressive, full service commercial real estate firm serving the Northern California Bay Area. NAI Northern California’s commitment to the Bay Area is longterm and dedicated to delivering the best results for our clients.

Founded in 1938, the Oakland Housing Authority (OHA) currently provides subsidized housing to over 15,000 families. The largest landlord in Oakland, OHA serves a diverse community in neighborhoods throughout the city. Our dedicated staff remains steadfast in its effort to gauge existing needs and provide meaningful opportunities for our families, in addition to expanding the availability of quality housing.

Oakland Recycles is a collaboration of the City of Oakland, California Waste Solutions, Waste Management of Alameda County, Inc. and you! We’re committed to providing the services and information you need to recycle right. Visit www.oaklandrecycles.com to see what’s new in trash, compost and recycling services.

Old Republic Title Company provides real estate transfer products and services for individuals, businesses and governments. Our services are highly comprehensive and flexible to respond to changing market environments and to ensure your transaction is settled according to the most current industry standards.

OREXCO, incorporated in California in 1993, is a wholly owned subsidiary of Old Republic International (NYSE: ORI), a $16 billion dollar multi-line insurance holding company. When you choose OREXCO, you assure yourself that your exchange funds are secure.

P.P.I. (Private Property Impound) Towing technicians can provide you with all the towing solutions you’d ever need; both in cases of emergencies and more routine situations. You can rely on our experts to guarantee your satisfaction on a whole wide range of towing services whether it’s for private property, both on or off the road and more.

R&S is one of the largest networks of residential and commercial garage door and automatic gate dealers in California. With over 30 locations in Northern California alone, our goal of providing top notch sales and service has kept us on top within the garage door industry for over 40 years.

Roto-Rooter is the #1 name in plumbing and drain services. You can rely on Roto-Rooter plumbers for fast, expert service.

SERVPRO is a National Emergency Response Company providing Fire, Water, and Mold remediation and restoration services to both residential and commercial properties. We’re the largest independently owned franchise in the North Bay; servicing Petaluma/ Rohnert Park, South San Rafael/Sausalito and Lafayette/Moraga/Orinda. We strive to make your emergencies “Like it Never Even happened” and remind you we are always Here to Help.

Jain Williams — My experienced and friendly staff is available to help you develop an insurance plan that provides you the protection you need. We will also work with you to set up college and retirement plans. We are committed to being available and accessible with convenient hours.

StopWaste.org (the Waste Management Authority and the Source Reduction and Recycling Board combined) form an integrated agency dedicated to achieving the most environmentally sound solid waste management and resource conservation program for the people of Alameda County.

Ruth Stroup Agency specializes in property insurance. We offer policies through Farmers, Foremost, and a variety of specialty carriers. We insure 1-4 unit properties, condos, apartment buildings, mixed use and HOA’s. Our policies include landlord liability and allow you to name your property manager as additional insured. Insuring your rentals along with your personal residence and vehicles simplifies the process of managing your insurance policies. Let us provide you with the convenience of one stop shopping.

We serve a broad range of commercial and nonprofit clients, encompassing new construction and retrofit projects for industrial sites, multifamily housing developments, food service businesses, schools, places of worship, non-profit organizations, utilities, government buildings, and more. We are a Certified B Corporation and a CA Benefit Corporation as well as an Alameda County Green Business. Solar Since 1976.

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EBRHA ON YOUR SIDE NEW ADVOCACY SERVICE EXCLUSIVELY FOR MEMBERS! SYNCrew is the easiest way to organize a mobile workforce. With GPS-tagged and time-stamped building photos, the app proves your team did great work, helps you stay compliant with labor laws, and creates an essential archive of all the work your company does. If you outsource your construction and maintenance, SYNCrew can show you the photos your subs take if they use SYNCrew.

Have you experienced a situation or ruling that you feel infringed on due process as a property owner? Have Rent Board rulings or outcomes pertaining to your case seemed unethical? Were local ordinances and policies ignored? We constantly hear about outcomes that are just plain wrong. We need to collect member experiences in order to make changes to an already 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. EBRHA may follow up with you to discuss next steps and acquire any supporting documents.

TAKE ADVANTAGE OF THIS NEW SERVICE NOW AT EBRHA.COM 20 RENTAL HOUSING

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When it comes to protecting homes, Terminix has satisfied more customers than any other insect and pest control company in the industry. The dedicated associates of Terminix deliver more than 15 million service visits annually.

Since 1995, Valet Waste has been the Multifamily Housing Industry’s leading provider of five-nights-per-week doorstep trash and recycling collection. We currently service over 400 management companies and owner groups throughout the multifamily housing industry that represent over 3.4 million units nationwide. Valet Waste offers the most requested resident amenities and services along with unparalleled and proven customer satisfaction.

The nationâ&#x20AC;&#x2122;s #1 multifamily lender is lending in your backyard. When a disaster occurs you need experienced restoration experts onsite quickly. Water Damage Recovery will be onsite at your property within an hour-and-a-half of your call, minimizing the disruption to your daily life and returning it to normal as quickly as possible. We provide prompt 24/7/365 emergency service for commercial water damage, residential water damage, mold removal, sewage cleanup, fire & smoke damage repair, catastrophe cleanup, trauma scene cleanup and animal droppings cleanup.

West Coast Premier Construction Inc. (WCPC) is a San Francisco Bay Areabased company located in Oakland. We provide engineering, construction and technical services to a variety of building types and occupancy use throughout the Bay Area. WCPC specializes in seismic retrofit design and construction of soft-story apartment buildings as well as seismic retrofit of unreinforced brick masonry, concrete buildings and historic landmark buildings. RH

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OCTOBER 2015

RENTAL HOUSING 21

FEATURE

Are You Gett

Are your apartments and management team prepared to handle this hot m

22 RENTAL HOUSING PHOTO: EMILY MAY

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ting Lazy?

market? BY DAN LIEBERMAN

ow much money are you (or your resident managers) leaving on the table each month that you didn’t even know you could have had? Many owners, flush with rental increases and full occupancy, have gotten lazy in their operations. You may be very happy getting $2,150 for that two bedroom apartment which rented for $1,900 last year. But perhaps you could be getting $2,195 or more, with just a little more effort. Whether you have a 10, 30, or 80 unit building, that’s an awful lot of money to be neglecting over the course of a year. Treating your rental properties like a business and maximizing your profit potential means working even harder to benefit from these good times rather than being satisfied with “good enough”. The extra amount you can reap from your properties can be the difference between “covering the expenses” or “generating some cash flow” and actually having some really good extra income. Even if you feel you are generating enough cash flow from your property to satisfy your present cash needs, there is no better time than now to prepare for the inevitable downturn in the market. Generating extra revenue that you plow back into improvements in the property is good long term thinking.

Areas to Focus On

1) Are your apartments market ready? Are they really ready – or are they just close? Could someone move in an hour if you approved them and they signed the papers? If not, you’re hurting yourself by showing it in its current condition. And don’t just look inside the unit, look at the whole picture. How does the approach to the apartment look? Is the signage clear? Are the plants and flowers outside looking neatly trimmed and bright? Are the halls spotless? How does it smell? Is it quiet? Being ready can increase how much money you can get on

that unit by $50 or more in most markets. Are you giving away hundreds of dollars a year in potential revenue because your manager was too lazy to pick up a few papers from the grounds of your community? Remember, a true vacancy factor is not just rent lost to vacant units – its how much potential rent you’ve lost. Think about it. 2) Have you practiced your presentation? How do you answer the phone? What is your ratio of calls to visits? It should be at least 50%. Remember the purpose of the phone call is to qualify the prospect and get him to visit—it is not to rent the apartment. The purpose of the visit is to rent the apartment. If you can’t get them to visit, they won’t rent. Have you scripted your walk around the community to the apartment? Do you just take the shortest route or have you figured out the best one, such as the one that goes by the pool, but perhaps avoids an area needing work? When you enter the apartment, do you guide the prospect in the direction you want by placing your body appropriately, or do you just open the door and let them in? Tour guides show property, professionals sell property! Don’t let the attitude be “If the prospect decides to rent, great. If not, it wasn’t for them” - you know the “here is the living room…here is the kitchen… if you need anything, I’m right here” talk. Your manager needs to be determined to sell. Is your manager properly trained? It means extra money to you each month. 3) Have you prepared checklists that your staff can use to ensure consistent quality control? Do you do spot inspections? The easiest way to educate managers to think like owners is to give them a list of the things you look for. 4) How actively do you work “preventive maintenance?” You know a $2.00 caulk job will save you thousands in dry rot repairs. How often do you inspect your units? I recommend a minimum

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RENTAL HOUSING 23

UPCOMING EVENTS

9th Annual Trade Expo DATE/TIME THURSDAY, OCTOBER 1; 3:00 P.M. - 7:00 P.M. LOCATION Greek Orthodox Church, 4700 Lincoln Ave., Oakland PRICE Members: Free; Non-members: $20 DETAILS Register at www.ebrha.com/expo; Go to pages 8-20 or back

cover for more details.

Landlord Basics D ATE & TIME SPEAKER PRICE TOPICS

THURSDAY, OCTOBER 8; 2:00 P.M. - 3:30 P.M. Jill Broadhurst, CCRM, EBRHA Free to Members and Non-members Introduction to Property Management in the East Bay

Lunch-n-Learn: Estate Planning—Putting Your House in Order DATE/TIME SPEAKER PRICE TOPICS DETAILS

WEDNESDAY, OCTOBER 14; NOON - 1:30 P.M. Terry Allen, Enhance Wealth Advisors $20 for Members; $20 for Member’s Guest Estate Planning Our Lunch-n-Learns provide property owners with the opportunity to network and learn about relevant topics in rental housing from industry experts. Lunch is provided.

Applicant Screening Workshop D ATE & TIME SPEAKER PRICE TOPICS

THURSDAY, OCTOBER 15; 2:00 P.M. - 3:30 P.M.

Dan Firestone, Contemporary Information Corporation Members: Free; Non-Members: $69 Screening Dos and Don’ts, Interpreting a Credit Report, EBRHA Tenant Screening Services, Fair Housing, and more

of once per year, although two times is better. And if you’re planning to sell your property, don’t think skimping on your maintenance will make your numbers look better. Sophisticated buyers put their own numbers in anyway. Best to have a well cared for property. That creates real value. 5) How do you answer tenant complaints? Have you worked through a procedure? Can you guarantee service within a set time, such as 24 or 48 hours? You say you never had to do this in the past? True. But now your competition is doing it. Satisfied tenants mean less turnover— even at higher rents. That means more return to you. What is that worth? 6) Now is not the time to get lazy on expense control. Have you re-bid your insurance recently? Have you thought about submetering your utilities? Is solar a viable option for you? 7) Are you up on the current laws? Have you reviewed your leases, forms, and procedures recently? One of the best reasons for professional management is liability protection. Megan’s law, Fair Housing, credit reporting issues: are you up on the current requirements on all these items (and is your manager)? At a minimum, you need to make sure you’re not using outdated forms that could get you into trouble.

Lead the Charge

Renovation, Repair and Painting CourseRe-certification DATE/TIME SPEAKER PRICE DETAILS

TUESDAY, OCTOBER 20; 9:00 A.M. - 1:00 P.M. Seth MacFarlane, Benchmark Environmental Engineering Members: $150; Non-Members: $250 This EPA-accredited training course will re-certify workers as required by new law for anyone who disturbs lead-coated surfaces during repair or renovation of pre-1978 housing. Please bring original RRP certificate the day of class.

Online Registration at ebrha.com

All workshops are held at our new office:

EBRHA Education Center 3664 Grand Ave., Ste B, Oakland

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Your success depends on how well you run your rental operation. Yes, things may be great compared to just two or three years ago. But it’s one thing to be lifted by a rising tide, it’s another to actually be leading the charge. Now is not the time to get lazy. Improve yourself and improve your operations. Although there is a point where you might reach diminishing returns for your extra efforts, from my experience, most owners aren’t even close to being there. You bought your property to provide a good return. Don’t give that return away. You’ve waited too long to get it. RH Dan Lieberman is the President of Milestone Properties in Oakland. He has upgraded and managed more than 50 apartment communities in the East Bay. He can be reached at (510) 8358080 or dlieberman@milestoneca.com.

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OCTOBER 2015

RENTAL HOUSING 25

FEATURE COLUMN

court talk

extension can cause a major headache, delay, and expense if a court rejects the Ellis Act paperwork due to a technicality. But that is why San Francisco lawmakers made the law implementing the Ellis Act so complicated. The law provides good ammunition to tenant lawyers to challenge paperwork and file motions to quash. Hill decided to challenge the decision of the appellate division by filing a writ of mandate in the Court of Appeal. The higher court reversed the appellate division and ordered the lower court to Important court cases and outcomes affecting enter an order denying the petition and to allow the trial court’s ruling, in the rental property owners. BY CLIFFORD FRIED landlord’s favor to stand. While the Ordinance generally allows lawmakers who don’t necessarily like or tenants 120 days’ notice to vacate, a agree with the Ellis Act. tenant who is disabled, or 62 or older Hill owns a rent-controlled building and gives proper notice, is entitled to in San Francisco. She served notices on a full year to vacate after the landlord her tenants that she intended to withannounces her intent to withdraw a draw the building form the residential building from the rental market. In that rental market and that they had 120 situation, the owner may elect to extend days to vacate their respective apartthe date of withdrawal of any other units ments. Some tenants claimed a statutory up to one year and the owner shall give right to extend the 120 days to a full written notice to the affected tenant of year based on age or disability. whether or not the owner disputes the Hill did not dispute the claims of age tenant’s claim of extension; the new date or disability or the right to a full year t is often said that the Ellis Act to vacate if the owner does not dispute to vacate. However, two tenants stayed provides landlords with an unfetthe tenant’s claim of extension; and after the one year extension had expired tered right to exit the residential whether or not the owner elects to extend which prompted Hill to file unlawful rental business. But no one said the law the date of withdrawal to other units on detainer actions. would make it easy. San Francisco has the property. The tenants responded to the unlawenacted numerous, abstruse regulations In disagreeing with the appellate ful detainer actions by filing a motion that landlords and their attorneys must division, the Court of Appeal held that to quash (Delta Imports) alleging that maneuver before they can go out of references to “other units” in the OrdiHill failed to state a cause of action for business. nance clearly contemplate other units unlawful detainer because she failed to occupied by tenants not claiming to be comply with San Francisco’s Rent OrdiHill v. Superior Court of SF elderly or disabled. Extending these other nance. Specifically, the tenant argued One landlord recently had her case distenants’ deadlines to vacate is not a legal that the Ordinance was violated because missed by the appellate division of the requirement, but an election the landlord Hill failed to tell one tenant of the other San Francisco Superior Court for failing tenant’s extension, and vice versa. The can make. The Court pointed out that to notify her tenants that the date of common sense reinforces this interpretatrial court rejected the tenant’s arguwithdrawal of the unit from the market tion: When a landlord is forced to remain ments and denied the motion to quash. had been extended. The Court of Appeal But the appellate division of the court in the rental business to accommodate an disagreed and held that the appellate elderly tenant’s entitlereversed and directed the division had misconstrued the law. “While the Ellis Act ment to a full year’s trial court to grant the How could a court misconstrue the is a law created in notice to vacate, the motion. law? It happens. Especially when the Sacramento, it is landlord may elect to If the motion to quash law was written by tenant advocates implemented at the offer the same extension were granted, the landand the S.F. Board of Supervisors to local level by lawto “other” (i.e. otherwise lord would have to start create confusion and lots of red tape makers who don’t unqualified) tenants, so all over with a new Ellis for landlords to cut through. While the necessarily like or she can continue to colAct notice and wait a Ellis Act is a law created in Sacramento, second year to recover agree with the Ellis lect as much rent as the it is implemented at the local level by Act.” law allows for so long as possession! The Ellis Act

Red Tape for Property Owners

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EAST BAY RENTAL HOUSING ASSOCIATION she must remain in the rental business. The Court also mentioned that the Ordinance is concerned with a landlord illegally retaining not their elderly or disabled tenants, but their “other” tenants. Thus, a policing function is served when tenants who qualify for the mandatory extension are assured of being among the last to leave the building, and notified of what “other units” the landlord has allowed to remain occupied for, at most, the duration of the mandatory extension. There is no similar purpose served when one elderly or disabled tenant is notified, in effect, that another tenant is elderly or disabled. Cohen v. Sterling You probably haven’t heard Donald Sterling’s name in a while, so here goes. Mr. Sterling was sued individually and doing business as Beverly Hills Properties by a tenant. The claim: a fire in Mr. Sterling’s building caused the alleged loss of the tenant’s furniture, food, entertainment system, and $5000 worth of clothing. The tenant also claimed that her iPod and diamond necklace were missing from her apartment. The tenant claimed that she saw a psychotherapist every two weeks at a cost of $200 per session and that she, an actor, had a much harder time making a living in the entertainment field after the fire and did not book any commercials for two years. Sterling charged her $1000 per month in rent whereas her new rent was $1650 per month. A fire alarm system in apartment buildings are generally required by law to be operational at all times and when defects in the system are found, they must be repaired immediately. It is the building owner’s responsibility to ensure the fire and life safety systems are at all times maintained in an operable condition. The fire in Sterling’s building was caused by a failure of electrical equipment or a heat source. The entire building went up in flames and the Plaintiff’s apartment was charred and shredded. Due to defects in the alarm system, the fire burned for a long duration and grew to a large size before the alarm was activated and the fire department arrived. There was some evidence that the fire alarm system didn’t work. The system in

Donate to the EBRHA PAC today! 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 EBRHA-PAC protect my rights. NEW! DONATE ONLINE AT WWW.EBRHA.COM/PACONLINE 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.

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510.893.9873 | FAX 510.893.2906

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OCTOBER 2015

RENTAL HOUSING 27

Statement of Ownership, Management and Circulation 1. 2. 3. 4. 5. 6. 7.

Publication Title: Rental Housing Publication Number: 23266 Filing Date: 9-10-15 Issue Frequency: Monthly Number of Issues Published Annually: 12 Annual Subscription Rate: $36 Complete Mailing Address of Known Office of Publication: 3664 Grand Ave, Suite B, Oakland, CA 94610; Contact Person: Jill Broadhurst; Telephone: 510-893-9873. 8. Complete Mailing Address of Headquarters or General Business Offices of Publisher: EBRHA, 3664 Grand Ave, Suite B, Oakland, CA 94610. 9. Full Names and Complete Mailing Address of Publisher, Editor, and Managing Editor: Publisher: Wayne Rowland, 3664 Grand Ave, Suite B, Oakland, CA 94610; Editor: Tina Bocheff, 3664 Grand Ave, Suite B, Oakland, CA 94610; Managing Editor: Jill Broadhurst, 3664 Grand Ave, Suite B, Oakland, CA 94610. 10. Owner: East Bay Rental Housing Association, 3664 Grand Ave, Suite B, Oakland, CA 94610 11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: None. 12. Tax Status: Has Not Changed During Preceding 12 Months. 13. Publication Title: Rental Housing. 14. Issue Date for Circulation Data Below: September 01, 2015. 15. Extent and Nature of Circulation: Monthly - Trade Publication

AVERAGE NO. COPIES EACH ISSUE DURING PRECEDING 12 MONTH

NO. COPIES OF SINGLE ISSUE PUBLISHED NEAREST TO FILING DATE

1,400

a. Total Number of Copies b. Paid Circulation (1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541:

395 421

(2) Mailed In-County Paid Subscriptions Stated on PS Form 3541:

950 910

(3) Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS:

0 0

(4) Paid Distribution by Other Classes of Mail Through the USPS:

0 0

c. Total Paid Distribution:

1,345

1,331

d. Free or Nominal Rate Distribution:

(1) Free or Nominal Rate Outside-County Copies included on PS form 3541:

0 0

(2) Free or Nominal Rate In-County Copies Included on PS Form 3541:

30 35

(3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS:

15 24

(4) Free or Nominal Rate Distribution Outside the Mail:

0 0

e. Total Free or Nominal Rate Distribution: f. Total Distribution: g. Copies not Distributed: h. Total: i. Percent Paid:

1,390

1,400

97.00%

96%

16. Electronic Copy Circulation:

(a) Paid Electronic Copies:

(b) Total Paid Print Copies + Paid Electronic Copies:

1,345 1,331

0 0

1,390 1,400

(d) Percent Paid:

97.00%

96%

17. Publication of Statement of Ownership will be printed in the October 1, 2015 issue of this publication. 18. Signature and Title of Editor, Publisher, Business Manager, or Owner: (signed) Jill Broadhurst, Managing Editor; Date: September 11, 2015.

28 RENTAL HOUSING

| OCTOBER 2015 |

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Sterling’s building had not been inspected for at least a year prior to the fire. An inspection after the fire revealed widespread fire code violations and inoperability of the fire alarm system. These conditions were said to be serious and atrocious and created a grave life safely situation and rendered the building unsafe for occupancy. Plaintiff’s apartment was uninhabitable and Sterling did not offer her a place to stay the night of the fire or temporary housing at any time. Subsequently, Plaintiff was offered an unfurnished apartment but the building was in a state of disrepair, smelled horrible, and the fire protection systems had not been installed. The landlord also told the Plaintiff that she would have to pay the rent and if she didn’t she would be evicted. The Plaintiff turned in her keys and moved back East. The tenant sued for breach of contract and warranty of habitability, intentional infliction of emotional distress and negligence. A jury returned a verdict in the tenant’s favor finding that landlord acted with reckless disregard of the probability that plaintiff would suffer emotional distress. The jury found the defendants liable for punitive damages. In total, the jury awarded plaintiff $17,338,250 as follows: $338,250 in economic damages (lost personal property); $2 million in past and future emotional distress and $15 million in punitive damages. It surely looked like the jury didn’t like Mr. Sterling and his company and the tenant received everything she asked for. Sterling filed various post-trial motions attacking the verdict. The Court of Appeal upheld the trial court’s a partial judgment notwithstanding the verdict because the tenant did not establish that the post-fire conduct was either extreme or outrageous. Further, the trial court correctly ruled that there was no substantial evidence defendant’s pre-fire conduct met the standard for an intentional emotional distress infliction claim. The trial court correctly ruled that the landlord’s conduct did not constitute outrageous conduct that exceeded all bounds of a civilized society and there was no substantial evidence to support the verdict as to the emotional distress infliction claim. While the trial judge reduced the punitive damage award from $15 million

to $5 million, the landlord moved for judgment notwithstanding the verdict as to liability for punitive damages. The trial judge held that there was some liability for punitive damages. On appeal, the Court said there was substantial evidence at trial to support the award. However, because the trial court ordered a new trial on the issues of emotional distress and punitive damages, the Court of Appeal found it unnecessary to make a decision on these issues. Mr. Sterling gets to try the case all over again. But he and his insurance company are happy because they hope to do better next time. The tenant and her attorney are unhappy because they might not do as well the next time around; I hope they didnâ&#x20AC;&#x2122;t spend too much of that jury award! RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Clifford Fried is an attorney with Fried & Williams LLP. He can be reached at cfried@friedwilliams.com or 510625-0100.

ebrha.com

OCTOBER 2015

RENTAL HOUSING 29

COLUMN

government affairs

aggressive step of actually filing a motion to formally strip him of his rank. While that motion did not require a vote, the consensus is that a vote will take place at some point this fall. That vote will be impacted by what the Speaker does on pending legislative business, including the federal budget, efforts to defund Planned Parenthood and his support for a government shutdown if it comes to that. As many Washington observers have pointed out, even if someone is elected to replace Boehner, the President will still have the veto pen for another 15 months. What will change in the calculus on these Legislative updates from NAA’s Senior Vice issues? One of the biggest issues in front of President of Government Affairs. BY GREG BROWN Congress is the Iran nuclear agreement negotiated by the President and several hour” debate last month. Now that other western European countries. ConCNN has refined its selected process for gress argued quite strenuously months the debates, Ms. Fiorina gets to particiago that they should have a say in pate in the prime time contest. whether that agreement goes forward so On the Democratic side, Hillary they passed the Iran Nuclear Agreement Clinton’s campaign is in trouble as the Review Act of 2015 by a vote of 98 to 1 email server scandal (pretty boring by in the Senate and 400 to 25 in the House. D.C. standards, by the way) lingers. Under the terms of this agreement, the Mrs. Clinton cannot find the right tone Congress would be voting on legislation to deal with this issue and her standing to disapprove the agreement rather than in the polls is going in the wrong direcapproving it. This process illustrates what tion. Moreover, too many people think some would call a cynical and others she is untrustworthy. At the same time, would characterize as a pragmatic way to Bernie Sanders continues to draw record govern. Here is how it works. crowds and poll very strongly with To pass legislation requires 218 votes primary voters. The new x-factor is Vice he “summer of Trump” has come President Joe Biden who is no stranger in the House and effectively 60 votes in to a close, so now we will see the Senate (see “cloture”). Using a vote to to Democratic Presidential primaries whether or not “the Donald” disapprove versus approve the Iran agree(1988, 2008), has a strong base of supcan continue his dominance of the ment is not relevant in the House where port among Democrats, but does not GOP presidential field into the fall. He the majority rules but is very relevant in really seem excited about running. It has continues to poll well with a commandthe Senate. That 60-vote threshold lowbeen a tough year for the Vice President ing lead over everyone else, but there ered the number of votes needed to defeat and his family so one can understand are more debates coming and he has the disapproval legislation, kill the overall the hurdle he must get over to commit shown some difficulty in responding to effort in Congress and protect the Iran to run. questions of policy, especially on foreign deal to 41. Had the vote been to approval In the House of Representatives the affairs issues. Style-over-substance only the agreement, supporters would have fall months will have more than the carries a candidate so far before he or needed 60 votes. And, indeed that is Presidential contest as backdrop. There she must show some ability to tackle what occurred with a 58 to 42 vote is also the small matter of the attempt the issues. Look what happened to blocking consideration of the agreement by a group of House Republicans to 2012 front-runner Rick Perry when he and paving the way for its implementaoust John Boehner (R-Ohio) as Speaker. couldn’t remember the name of one tion. Even if the 60-vote threshold was Discontent with Mr. Boehner among the federal agency. I suspect the mortar fire met and the bill passed, conservative ranks is not will increase on Mr. Trump during the “In the House of the President would new as evidenced by the next debate as the other candidates all Representatives the have vetoed it and the 25 House GOP memrecognize they have to bring him down fall months will have Senate would then have bers who voted against to have any chance of winning. Also more than the Presineeded 67 votes to overhis election for Speaker watch the performance of Carly Fiorina dential contest as ride or, put another way, back in January. What who was the winner of the first “happy backdrop.” supporters would have is different is taking the

Presidential Race and Congressional Issues

30 RENTAL HOUSING

| OCTOBER 2015 |

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needed 34 votes to sustain the President’s veto and allow the agreement to go forward. In short, the process was arguably tilted to defeat efforts to stop the agreement from moving forward. Again, Congress voted almost unanimously on setting up this process. Why? Obviously, no one is on the record stating that the fix was in but, according to Norm Ornstein, a long-time observer and scholar of Congress at the American Enterprise Institute, once the Administration made the deal with the other nations and had the endorsement of the United Nation’s Security Council, opposing it would make Congress and the U.S look bad. More broadly, Ornstein noted, there is a tradition in both Republican and Democrat Congresses of allowing members to vote no without affecting the policy outcome. 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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ebrha.com

OCTOBER 2015

12/23/09 10:16:33 AM RENTAL HOUSING 31

COLUMN

esq. & a should not raise the rent. Because of complex fair housing laws, a landlord should consult with an attorney when responding to a tenant disability claim and request for accommodation. —STEVE WILLIAMS

How to respond when a tenant requests a comfort animal in a “no pets” building? BY VARIOUS AUTHORS

The original rental agreement with my tenant specifically prohibits pets, but the tenant has requested a comfort cat. Can I increase the rent because of this cat? What are my options?

A landlord must make a reasonable accommodation when necessary to allow a disabled tenant an equal opportunity to enjoy a rental unit. A reasonable accommodation is defined to include changes in the landlord’s rules, policies or practices. This may include changing a policy to allow a disabled tenant to keep a comfort animal. And yes, even a cat may be considered a comfort animal. The landlord cannot raise the rent because the tenant has a comfort animal. A rent increase under these circumstances violates fair housing laws and the Rent Ordinance. The landlord may, however, ensure that the tenant has a disability and needs the comfort animal to accommodate his or her disability. For instance, 32 RENTAL HOUSING

| OCTOBER 2015 |

the landlord may request the tenant to verify that he or she has a disability. A disability under fair housing laws is defined as a physical or mental impairment that substantially limits one or more major life activities. The landlord may also request the tenant to verify that having a comfort animal is needed to accommodate his or her disability. The requested accommodation should affirmatively enhance the tenant’s quality of life by ameliorating the effects of the disability. In other words, having a comfort animal must directly benefit the affected major life activity. Comfort animals aren’t limited to just dogs. If having a cat directly relieves the effects of a disability, then the cat may be considered a comfort animal. Once the tenant shows that he or she has a disability and that having a cat as a comfort animal is a reasonable accommodation for that disability, then the landlord should generally allow the tenant to keep the comfort animal but

ebrha.com

My tenant is moving out and refuses to give me back the key to his unit until I refund his deposit. Can he do that? How should I handle the situation?

California Civil Code Section 1950.5 governs security deposits. “Security” means any payment, fee, deposit or charge including, but not limited to any payment that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including but not limited to: (1) compensation for a tenant’s default in the payment of rent; (2) the repair of damages in excess of normal wear and tear caused by the tenant or by a guest or licensee of the tenant; (3) the cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was at the inception of the tenancy; or (4) to remedy future defaults by the tenant, if authorized by the rental agreement. Typically, a landlord has 21 calendar days to return the security deposit in addition to the itemized deposition with attached receipts. When a tenant vacates without returning keys, the owner may re-key the rental unit and deduct the cost as a repair from the security deposit. The best practice is to complete the final walk through before returning any portion of the deposit to the tenant. The tenant is not justified in withholding keys until their deposit has been returned. —MICHAEL SHEPHERD The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Steve Williams is an attorney with Fried & Williams LLP and can be reached at 510-625-0100 or www.friedwilliams.com. Michael Shepherd is an attorney with The Shepherd Law Group and can be reached at 510-531-0129 or www. theshepherdlawgroup.com.

PHOTO: VICTORIA REAY

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OCTOBER 2015

RENTAL HOUSING 33

COLUMN

the green sheet

Tire-Derived Products for Building & Landscape Applications choose tire-derived products (TDPs) for their buildings and landscape areas, they not only help keep used tires out of landfills, they also address design and maintenance challenges. WHEN BUILDING MANAGERS

GREEN BUILDING BENEFITS

A wide range of TDPs are now available that can satisfy established technical testing standards for green building construction, accessibility, energy conservation, and many other applications while offering unique performance benefits. Many TDP vendors provide documentation on recycled content and other product characteristics that can help to satisfy green building requirements such as the CalGreen regulations covering all new buildings and renovations in California, or that can help earn credits through programs such as the U.S. Green Building Council’s Leadership in Environment and Energy Design (LEED) system. Examples of Building and Construction TDP’s include: rooftop sealants and membranes; interior moisture barriers; underlayment; and flooring and mats. Benefitting Landscapes Hardscape and softscape areas need to be aesthetically pleasing, durable and easy-to-maintain. Several tire-derived products can help meet these needs. Examples of TDPs for landscaping include: permeable sidewalks and pathways; accessibility ramps; permeable treewells; outdoor surfacing; pavers and tiles; exterior moisture bar34 RENTAL HOUSING

| OCTOBER 2015 |

riers; landscaping and rubber mulch; and aggregate substrate. In the current drought situation, forward-thinking building managers are altering thirsty or impermeable landscapes. Permeable sidewalks, pathways and treewells allow rainwater to reach the underlying ground rather than run off. Long lasting rubber mulch conserves water by reducing irrigation evaporation. Curious to see how tire-derived products look when installed? CalRecycle’s new tire-derived product catalog can be found at www.calrecycle. ca.gov/tires/products/catalog. For more information, or an in-person presentation or webinar, contact Jennifer Caldwell at jennifer.caldwell@ calrecycle.ca.gov or 916-341-6490. RH

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information & resources RECYCLING & DISCARDS MANAGEMENT

City of Alameda 510.749.5840 Albany 510.528.5766 Berkeley 1 - 9 UNITS 510.527.5555 10+ UNITS 510.981.7270 www.ci.berkeley.ca.us/pw/swm.html Emeryville 510.613.8710 Oakland 510.238.SAVE (7283) www.oaklandrecycles.com Household Hazardous Waste 800.606.6606 www.household-hazwaste.org REBATE PROGRAMS

EBMUD 866.403.2683 | www.ebmud.com PG&E 800.933.9555 | www.pge.com/res/rebates LOCAL GREEN ORGANIZATIONS

B.A. Green Business Program 510.567.6770 | www.greenbiz.ca.gov Build It Green 510.845.0472 | www.builditgreen.org Recology 415.875.1000 | www.recology.com StopWaste.Org 877.786.7927 | www.stopwaste.org FREE WEATHERIZATION PROGRAMS

Rising Sun Energy 510.665.1501 x17 Spectrum Community Services 510.889.0921 BO - Enterprises 408.354.1900

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ebrha.com

OCTOBER 2015

RENTAL HOUSING 35

community calendar EVENTS & CLASSES

october

november

NOTE: WORKSHOPS HELD AT OUR NEW OFFICE AT 3664 GRAND AVE, SUITE B IN OAKLAND

THURSDAY, OCTOBER 1 EBRHA 9th Annual Trade Expo Greek Orthodox Church, 4700 Lincoln Ave., Oakland

WEDNESDAY, NOVEMBER 4 Oakland Capital Improvements “How-To” Workshop Liz Hart, Rent Board Consultant Members: $39; Non-members: $69 2:00 p.m. - 3:30 p.m.

Workshops Include: • New Laws for 2016—Ron Kingston, President, California Political Consulting Group & EBRHA State Lobbyist • Improving Your Real Estate Portfolio: Strategies for Success—James Kilpatrick, President, NAI Norcal • Legal Q & A with Leading Rental Housing Attorneys Members: Free; Non-members: $20 3:00 - 7:00 p.m.; Register at www.ebrha.com/expo To exhibit, contact Tina Bocheff at 510-893-9873 THURSDAY, OCTOBER 8 Landlord Basics Jill Broadhurst, CCRM, EBRHA Free to Members and Non-members 2:00 p.m. - 3:30 p.m. WEDNESDAY, OCTOBER 14 Lunch-n-Learn—Estate Planning: Putting Your House in Order Terry Allen, Enhance Wealth Advisors $20 for Members and their Guests Seating is limited, Registration deadline is Friday, October 9 Advanced registration required at www.ebrha.com/education Noon - 1:30 p.m.

THURSDAY, NOVEMBER 12 Landlord 101 Jill Broadhurst, CCRM, EBRHA Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m. TUESDAY, NOVEMBER 17 Landlord Basics Jill Broadhurst, CCRM, EBRHA Free to Members and Non-members 2:00 p.m. - 3:30 p.m. SATURDAY, NOVEMBER 21 EBRHA Membership Meeting (Members only) Topics: • EBRHA Board Member Elections • Update on Local Rental Housing Issues— EBRHA Staff and Board 10:00 a.m. - Noon Note: Please enter through back door on Weldon Avenue and ring doorbell for access. Street parking only.

THURSDAY, OCTOBER 15 Applicant Screening Workshop Dan Firestone, Contemporary Information Corporation Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m. TUESDAY, OCTOBER 20 Renovation, Repair and Painting Course-Recertification This EPA-accredited training course will recertify workers as required under the new law for anyone who disturbs lead-coated surfaces during repair or renovation of pre-1978 housing. This 4 hour course was designed to train contractors who perform building renovations or repairs or painting and how to work safely and comply with the EPA regulations. The course addresses health concerns, regulations, before, during and after work procedures and well a recordkeeping and training non-certified workers. The class consists of a point presentation of the new RRP regulations and hands on student participation. There is an exam at the end of the course and students must pass at 70%. Presented by Seth MacFarlane, Benchmark Environmental Engineering Members: $150; Non-members: $250 Seating is limited, Registration deadline is Friday, October 9 9:00 a.m. - 1:00 p.m. Note: Please bring original RRP certificate the day of class

No Refunds on no shows; Seats fill fast, register in advance! 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

| OCTOBER 2015 |

ebrha.com

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.

ANNUAL ALLOWABLE RENT INCREASE

2015-16 (1.7%) A CPI increase of 1.7% becomes effective on July 1, 2015. 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.

PERI OD

AM O U N T ( % )

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 JUNE 1 ‘04 - MAY 30 ‘05. . . . . . . . . . 0.7 Visit www.ebrha.com/members to see previous adjustments.

CAPITAL IMPROVEMENTS INCREASE FORMULA

FOR FURTHER INFORMATION CONTACT:

Oakland Rent Board 250 Frank H. Ogawa Plaza, Ste. 5313 Oakland, CA, 94612 510.238.3721 | www.oaklandnet.com

(70 % of Improvement Costs ÷ Number of Units) 60 months or 5 years 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%

ANNUAL ALLOWABLE RENT INCREASE

2015 (2.0%) 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.

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)

2003. . . . . . . . . . . . . . . . . . . . . . . . . 0% *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

OCTOBER 2015

RENTAL HOUSING 37

vendor directory — CONTACTS, PRODUCTS & SERVICES Law Offices of Brent Kernan Brent Kernan 510-712-2900 bkernan@aol.com Law Offices of Daniel Riley Daniel Riley 415-823-6129 driley_813@msn.com Law Offices of Elaine Lee Elaine Lee 510-848-9528 www.elaineleeattorney.com Law Offices of Leon H. Rountree III Leon H. Rountree III 510-343-6299 www.leonrountree.com Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Ed Nagy and Alan J. Horwitz 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com

ABATEMENT SERVICES

Environmental Remedies, Inc. Jaime Tamayo 925-519-6354 www.environmentalremedies.com 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

ATTORNEYS - LAND USE/CONDO CONVERSION

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 Daniel Riley Daniel Riley 415-823-6129 driley_813@msn.com 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

ARCHITECTURE

ATTORNEYS - REAL ESTATE/CORP.

InsideOut Design Pennell Phillips 510-655-1198 www.aboutinsideout.com ASSOCIATIONS

BOMA Oakland/East Bay Stephen Shepard 510-893-8780 www.bomaoeb.org Oakland Association of Realtors Sally Dunker 510-836-3000 www.oar.org Oakland Chamber of Commerce Barbara Leslie 510-874-4808 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

| OCTOBER 2015 |

Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Burnham & Brown Jack Schwartz 510-444-6800 www.burnhambrown.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com 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 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 ebrha.com

Chase Commercial Ted Levenson 415-945-5430 ted.levenson@chase.com Chase Commercial Neil O’Callaghan 415-315-8901 neil.ocallaghan@chase.com Cooperative Center Federal Credit Union Chris Perez 510-647-2127 cperez@coopfcu.org First Federal Savings & Loan Assoc. Anthony Moreno 415-460-2657 www.ffsavings.com First Republic Bank Jeff Fung 510-336-3907 www.firstrepublic.com Intervest Mortgage Marc Lipsett 510-622-8515 www.intervest-mortgage.com Luther Burbank Savings Larry Miller 925-627-2790 www.lutherburbanksavings.com NorthMarq Capital Brian Esquivel 415-433-4145 www.northmarq.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

American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.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 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 COLLECTION AGENCIES

Credit Bureau Associates Kathy Parsons 800-564-6440 www.cbacredit.com

vendor directory CONSTRUCTION

A-One Construction Dirksen Rogers 408-690-0890 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Bayside Building Services & Pest Elimination Helmut Tutass 510-717-3506 pestcontrol1@writeme.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 Smart Building, Inc. Sheryl Dron 510-444-7678 www.getsmartbuilding.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 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 Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com

Urban Ore Marylou Van 510-841-7283 www.urbanore.com

GUTTER CLEANING

Mr. Sparkle Dylan Kelly 510-504-7048 www.mrsparkle.biz

ELECTRIC VEHICLE CHARGING

NRG EVgo Mehr Kouhkan 310-954-2930 www.nrgevgo.com

HANDYMAN SERVICES

APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Bayside Building Services & Pest Elimination Helmut Tutass 510-717-3506 pestcontrol1@writeme.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

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 FIRE ESCAPE SERVICE

HAULING SERVICES

Great Escape Susan Giaquinto 415-566-1479 www.greatescapeinc.com

KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com

FIRE PROTECTION

Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com

HEATING & AIR CONDITIONING

Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Black Diamond Mechanical Robert Lopez 510-522-4196 robertlopez@blackdiamondmechanical.com Hassler Heating & Air Conditioning Mike Hassler 510-848-3030 www.hasslerheating.com

FLOOR COVERINGS

Bay Area Contract Carpets, Inc. Kerry Plain or Ken Scott 510-613-0300 www.bayareacontractcarpets.com Dickâ&#x20AC;&#x2122;s Carpet One Dan Biles 510-633-9533 www.dickscarpetoneoakland.com

HOME WARRANTIES

First American Home Warranty Megan Cormier 707-596-5334 mcormier@firstam.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 GREEN BUILDING

Going Green Dan Antonioli 510-652-7593 www.going-green.co Smart Building, Inc. Sheryl Dron 510-444-7678 www.getsmartbuilding.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com

HUMAN RESOURCES MANAGEMENT

Avitus Group Lance Harris 925-827-0680 www.avitusgroup.com INSPECTIONS

SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com INSULATION

Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com INSURANCE

Bulloch Insurance Brokers, Inc. Curt Bulloch 925-640-0485 www.curtbulloch.com ebrha.com

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RENTAL HOUSING 39

vendor directory Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com CSE Insurance Group David Earwood 925-817-6497 www.cseinsurance.com Capital Insurance Group John Reynoso 1-800-682-9255, x7519 jreynoso@ciginsurance.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com David E. Quan Agency Insurance Brokerage Xavier Quan 510-653-8880 www.dquanagy.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

LITIGATION SUPPORT SERVICES

SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com LOCKSMITH EVICTION SERVICES

Golden Gate Locksmith Co Ralph Scott 510-654-2677 kgglocksmith@yahoo.com Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com MARKET RESEARCH

Axiometrics Inc. Amy Wolff Sorter 469-621-9669 asorter@axiometrics.com PAINT SUPPLIERS

Dunn-Edwards Paints Jim Perry 925-822-7535 www.dunnedwards.com PEST & VECTOR CONTROL

Alameda Co. Vector Control Services Daniel Wilson 510-567-6826 daniel.wilson@acgov.org Terminix Robert Sater 510-489-8689 www.terminix.com Times Up Termite Mike Barker 510-568-7200 www.timesuptermite.com Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Frank Bonetti Plumbing Dan Bonetti 510-582-0934 www.bonettiplumbing.com Pacific Drain & Rooter Service Nasir Jalil 510-452-4606 nasirjalil80@gmail.com Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com

INVESTMENT OPPORTUNITIES

Martinez Real Estate Investment Jose Martinez 510-769-0436 LAUNDRY EQUIPMENT

PROPERTY MAINTENANCE

Coinmach Claudette Lucey 510-909-9786 www.coinmach.com Excalibur Laundries Carlos Barraza 510-872-1554 www.excaliburlaundries.com Innovative Coin Cheri Guffey 510-259-1494 www.innovativelaundry.com

APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com PROPERTY MAINTENANCE SOFTWARE

LEAD, MOLD & PEST MANAGEMENT

| OCTOBER 2015 |

LISTING SERVICE

Trulia Pierre Calzadilla 415-400-7260 www.trulia.com/rent

PLUMBING/WATER HEATERS

R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com

40 RENTAL HOUSING

Alameda County Healthy Homes Dept. Julie Twichell 510-567-8252 www.aclppp.org

SYNCrew John Cranston 415-968-1593 www.syncrew.com

ebrha.com

PROPERTY MAINTENANCE SUPPLIES

Ferguson Enterprises, Inc. Jermane Griffin 916-752-7608 jermane.griffin@ferguson.com Wilmar Nick Mraz 800-345-3000 www.wilmar.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 Caldecott Property Management Services Ronald Reece 510-594-2400, x226 www.caldecott.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com Crane Management Kit Crane 510-918-2306 www.cranemanagment.net The Enterprise Company William McLetchie 510-444-0876 ERI Property Management Sasha Bermudez 510-883-7017 www.erirentals.com Lapham Company Jon M. Shahoian 510-594-7600 www.laphamcompany.com Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com MSB Property Management Nik Bhachu 510-649-3380 www.msbmanagement.com Oaktown Urban Properties Michael Moynihan 415-572-0334 www.oaktown-up.com OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com Shaw Properties Judy Shaw 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com

vendor directory Wellington Property Company Jillian Loh 510-338-0588 www.wellingtonpropertyco.com Woodminster Property Management Nicholas Drobocky 510-336-0202 www.woodminstermanagement.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 Caldecott Properties Andy Read 510-594-2400 www.caldecott.com CBRE Keith Manson 510-874-1919 www.cbre.com Coldwell Banker â&#x20AC;&#x201C; Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com Home & Investment Realty George Vassiliades 510-710-6826 www.propertiesbygeorge.com 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 510-972-4941 www.naikilpatrick.com Paragon Commercial Brokerage Ben Weil or Zack Ward 415-874-5018 theBWteam@paragon-re.com Property Counselors Link Corkery, Inc. Link Corkery 510-886-1212 www.pclclink.com Red Oak Realty Kevin Hamilton 510-250-8780 kevin@redoakrealty.com Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com

RECYCLING/REUSE

West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com

Urban Ore Marylou Van 510-841-7283 www.urbanore.com

SEISMIC ENGINEERING

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 St. John and Associates (Berkeley only) Michael St. John 707-937-3711 msjetal@pacbell.net RENTAL SERVICES

Cal Rentals Elaine Perkins 510-642-3644 www.calrentals.housing.berkeley.edu Hamilton Properties Bay Area Delesha Hamilton 404-606-2141 www.hamiltonpropertiesbayarea.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

Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.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 Sentry Alert David Ingham 510-549-0306 www.sentryalert.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

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 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 WASTE & COMPOST COLLECTION

Waste Management Company David Tucker 510-430-8509 www.wastemanagement.com WINDOW WASHING

Mr. Sparkle Dylan Kelly 510-504-7048 www.mrsparkle.biz WINDOWS

Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com ebrha.com

OCTOBER 2015

RENTAL HOUSING 41

ad index

PRODUCTS & SERVICES

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Oakland Recycles . . . . . . . . . . . . . . . . . . . . . . 5 RENT BOARD CONSULTANTS

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Liz Hart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ROOFING SERVICES

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DETACH THIS FORM AND FAX OR MAIL TO THE ADDRESS BELOW East Bay Rental Housing Association 3664 Grand Ave., Suite B Oakland, CA 94610 TEL

510.893.9873 | FAX 510.893.2906

ebrha.com

42 RENTAL HOUSING

| OCTOBER 2015 |

ebrha.com

General Roofing Co. . . . . . . . . . . . . . . . . . . . 29 WATERPROOFING

Applied Waterproofing Systems . . . . . . . . 35 WINDOWS, DOORS & SIDING

SGK Solutions.. . . . . . . . . . . . . . . . . . . . . . . . . 9 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.

Vendor Fair • Workshops • Oktoberfest Reception • Free Parking 9TH ANNUAL

Trade Expo

Presented by

THURSDAY, OCTOBER 1, 2015 3:00 - 7:00 P.M. Greek Orthodox Church 4700 Lincoln Ave., Oakland EBRHA Members & Registered Guests: Free Non-Members: $20 (fee can be applied to new membership)

The Bay Area Expo for Residential Rental Property Owners & Managers

Speakers

Workshops include • New Rental Housing Laws for 2016 • Improving Your Real Estate Portfolio: Strategies for Success • Legal Q&A with Leading Rental Housing Attorneys and Experts

Ron Kingston President, CPCG EBRHA State Lobbyist

James Kilpatrick President NAI Norcal

Clifford Fried