Rental Housing - October 2016

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | OCTOBER 2016

You’re Invited to Our

10TH ANNUAL TRADE EXPO

PLUS: ARE YOU A REAL ESTATE INVESTOR OR COLLECTOR? CRITICAL UPDATES TO CRIMINAL SCREENING GUIDELINES

Wednesday, Sept. 28 at the Greek Orthodox Church in Oakland

Contents

East Bay Rental Housing Association

OCTOBER 2016

Volume XIII, Number 9 | October 2016 EBRHA OFFICE

3664 Grand Ave., Suite B, Oakland, CA 94610 tel 510.893.9873 | fax 510.893.2906 www.ebrha.com EBRHA STAFF EXECUTIVE DIRECTOR

Jill Broadhurst | jbroadhurst@ebrha.com DIRECTOR OF STRATEGIC PARTNERSHIPS

Tina Bocheff | tbocheff@ebrha.com PUBLICATIONS & COMMUNICATION PRODUCER

Esteban Cortez | ecortez@ebrha.com ACCOUNTING MANAGER

Cathy Hayden | chayden@ebrha.com MEMBERSHIP ASSISTANT

27

Criminal History Screening Guidelines

Are You a Real Estate Investor or Collector?

BY DOUG BRIEN

BY RON KINGSTON

38

MARKETING & EVENTS COORDINATOR

Angelisa Ross | aross@ebrha.com MEMBERSHIP & ADMINISTRATIVE ASSISTANT

Angelique Johnson | reception@ebrha.com EBRHA OFFICERS PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge VICE PRESIDENT Jack Schwartz TREASURER Abbe Sultan SECRETARY Fred Morse EBRHA DIRECTORS

Mark Almeida, Symon Chang, Reggie Hairston, Carmen Madden, Conor Murphy, Michael Pallas, Rick Philips, Sarah Picker, Judy Shaw PUBLISHED BY

Thank You for Not Smoking

East Bay Rental Housing Association PUBLISHER

Wayne C. Rowland

BY RICHARD L. BECKMAN

MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff ART DIRECTOR & COPY EDITOR Esteban Cortez

Features & Columns 6

NEWS

Legislative & Ballot Updates by City Available at EBRHA.com 8

36 COMMUNITY PARTNER Helping Women and Children Transition to Independence

BY SAMANTHA SCHELL

YOU’RE INVITED

See You at Our 10th Annual Trade Expo

BY JILL BROADHURST

12

WORKSHOPS AT A GLANCE

Learn about the informative Expo workshops critical to your business

14 MEET THE EXPERTS Meet the knowledgeable and experienced Expo speakers

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Tina Bocheff | 510.318.8303

16 MEET THE EXPO VENDORS Suppliers that offer the products and services you need

10 EXPO SCHEDULE OF EVENTS Workshops, vendors and more!

ADVERTISING

ebrha.com

Events & Directory 36 COMMUNITY CALENDAR 38 M EMBER DIRECTORY 42 M EMBERSHIP INFORMATION 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 © 2016 by EBRHA. All rights reserved.

PHOTOS: CREATIVE COMMONS / PAUL A. HERNANDEZ, FLICKR USER GT8073A, DUSTIN GAFFKE

22

Monica Wong | mwong@ebrha.com

THIS NOVEMBER

VOTE NO ON THESE MEASURES! OAKLAND — VOTE NO ON JJ AND KK • Measure JJ requires pre-petitioning and city approval of all rent increases above CPI, and will add Just Cause for eviction requirements on units built before 1995. The measure will also give more power to the Oakland Rent Board.

• Measure KK is an infrastructure bond that, if approved, would last 30 years. Property owners would be assessed up to $70 for every $100k of property assessed value, including residential, commercial and multifamily. This addition to your tax bill comes on top of huge increases to garbage and RAP fees.

RICHMOND — VOTE NO ON L • Measure L establishes rent control, a rent board and Just Cause for eviction requirements in the City of Richmond.

ALAMEDA — VOTE NO ON L1 AND M1 • Measure L1 is the city-council-created measure that limits increases to once a year, requires mediation on increases above 5%, and establishes Just Cause for eviction requirements and relocation fees.

• Measure M1 is created by tenants, and limits increases to 65% of the CPI, sets an elected rent board with separate city authority, establishes Just Cause for eviction requirements and relocation fees.

Say NO to these ballot measures in November!

Go to www.oaklandzone.org to learn more.

contributors Feature articles and columns begin on page 22 SAMANTHA SCHELL Samantha Schell is the President of the Board of Directors for Oakland Elizabeth House. An Oakland resident since 1990, she feels a great commitment to the City of Oakland where her husband Casey Bates was raised and where they have raised their children. She has one son in college and a daughter in high school. Professionally, she is an archaeologist for a cultural resource management company.

DOUG BRIEN Doug Brien is a former NFL placekicker turned real estate entrepreneur and public REIT CEO. After playing in the NFL for twelve years he co-founded Waypoint Homes, which ultimately became the second largest public single family REIT (Starwood Waypoint Homes) that owned and managed over 17,000 single family homes nationwide. Today, Doug is the Co-CEO and Co-Founder of Mynd (www.Mynd.co), which is focused on making property management more trustworthy, profitable and simple.

RON KINGSTON Ron Kingston is the EBRHA state lobbyist and president of the California Political Consulting Group. He has 30 years of lobbying experience and is one of the original writers of the state’s Costa-Hawkins Act. He grew up in South Lake Tahoe and lives in Carmichael with his wife Sherrie, a financial planner. In his spare time, he cycles, skis and takes international scuba diving trips.

RICHARD L. BECKMAN Richard Beckman, a native Hoosier, is a 1984 graduate of the University of California at Berkeley with an undergraduate degree in Political Science. He entered Hastings College of the Law in 1987, graduating in 1990, and was admitted to the California Bar December 4, 1990. He has been in private practice since admission to the Bar. Since 1991, he has practiced real estate and landlord-tenant law and litigation, and has tried bench and jury trials throughout the Bay Area. He specializes in all aspects of landlord-tenant issues, representing landlords and tenants in residential and commercial matters.

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TRASH & RECYCLING RATES GOING UP AGAIN! A year after hitting owners with trash and recycling fee increases of as much as 500%, the City of Oakland has agreed to ANOTHER hike that will PUNISH property owners even more!

For 1-4 Unit Buildings • Curbside and backyard compost collection — increasing more than 7% • Curbside recycling collection — new separate fee of $12.56 per cart • 2-4 units: Per-unit surcharge — increasing 19% • Single-family home curbside and backyard trash collection — increasing 8-10% • Contamination fees — $25-$50 per incident For 5+ Unit Buildings • Trash and compost rates — increasing more than 7% • Curbside recycling rates — increasing nearly 20% • Push/pull fees — increasing 5% • StopWaste Benchmark fee increasing • Contamination fees — $25-$50 per incident The City approved more outrageous increases, proving once again that they don’t care about the rights of property owners! Before signing this unfair deal, city officials said that rate increases under the new contract would not exceed 40%. Instead, more than two-thirds of EBRHA members surveyed saw hikes of 40-100%, and a third saw increases of 101-525%!

In response, EBRHA filed a landmark lawsuit in June to expose the increases as an illegal tax. The lawsuit also calls into question the $30 million dollar annual franchise fee that the City collects. In order to win this case, the EBRHA Legal Fund must be well-supported, as it is common for cities to use legal tactics that prolong a case in order to deplete the plaintiff’s resources. We look to all EBRHA members for your support. Please donate to the legal action fund today.

Go to ebrha.com/legal-fund

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City of Albany Discussing Implementation of Rent Control The City of Albany has been analyz-

Legislative & Ballot Updates by City Available at EBRHA.com NOW MORE THAN EVER, it’s important to stay up to date on existing and proposed ordinances throughout East Bay cities. Many cities have responded with new rental laws or proposed ordinances, including ballot measures that will drastically affect your rental property business. To make the information more readily available, EBRHA has compiled critical updates to a page on our website, found at www.ebrha.com/ballot-updates-by-city. To read the latest updates for cities like Alameda, Oakland, Richmond and San Leandro, go to the link and click on the corresponding city. Updates to the page will be made as more cities propose legislative changes to their local rent laws. In addition, EBRHA members should stay aware of any opportunities to get involved and fight these proposals. Go to www.ebrha.com/events to see any scheduled meeting dates or www.ebrha.com/get-involved.

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ing the feasibility of a “rent review board.” The City’s Social & Economic Justice Commission has begun discussing options for consideration by the City Council regarding the feasibility of creating a rent review board to mediate instances of rapid rent increases. The city states that rent review is different from rent control, in that the focus is on mediation rather than administration of annual limits on rent increases (EBRHA note: The actual language being discussed refers to price controls). The program is based on the use of mediation and non-binding arbitration provided in a neutral setting to work jointly to respond to complaints. Members of the public are encouraged to attend and address the Social & Economic Justice Commission on this matter. Council is expected to make a recommendation in October.

EBRHA will inform members of any proposed meetings as they are posted. In addition, EBRHA members can sign up for notifications on this issue at www. albanyca.org/index.aspx?page=19.

City of Richmond Fails to Pass Emergency Moratorium on Rent Increases and Evictions The City of Richmond voted against a

temporary 45-day moratorium on certain rent increases and evictions on September 13. After hearing from around 45 speakers, the council voted 4-3 against the moratorium. A 6 out of 7 vote was needed in order to pass the emergency ordinance. EBRHA’s Executive Director Jill Broadhurst was on hand to speak, and was one of four speakers with a rental owner property perspective. The outcome of the vote was as follows: Pimple, Bates, and Butt voted against the mora-

C O L D W E L L B A N K E R

torium; McLaughlin, Myrick, Martinez and Beckles supported it. If it had been approved, under the ordinance, rental property owners would not be allowed to increase rent by more than 3%. The proposed moratorium also stated that “no Landlord shall take action to terminate any tenancy, including but not limited to making a demand for possession of a Rental Unit, threatening to terminate a tenancy verbally or in writing, serving any notice to quit or other eviction notice, or bringing any action to recover possession or be granted recovery of possession of a Rental Unit” except in certain cases, such as a tenant failing to pay rent or a breach of the lease. Last year, the City of Alameda passed an emergency moratorium on certain rent increases and evictions before passing Ordinance 3148 and Resolution 15138. Just this year, the City of Oakland also passed a similar emergency moratorium, which expired July 5.

Get Up to $500 for Purchase of Indoor Green Bins Don’t let a lack of indoor bins

hamper efforts to bring your multi-family property into compliance with Alameda County’s composting law. The Alameda County Waste Management Authority is offering up to $500 per approved site with five or more units for the purchase of indoor green bins. These bins can make it easier for residents to dispose of food scraps, food soiled paper and other compostable items from their apartments.

Some building owners have found that placing a bin in common areas, such as a community rooms, lobbies and trash rooms, can promote organics recycling and reduce the amount of trash produced by residents in a building. Once full, the indoor bins can be emptied into the larger receptacle provided by your compost collection service provider. This in turn can help reduce your trash bill and decrease the amount of materials flowing to the landfill. A variety of container options are available. Apply online at www.RecyclingRulesAC.org/containers. RH

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RENTAL HOUSING 7

EXPO

you’re invited

See You at Our 10th Annual Trade Expo An invitation from EBRHA’s executive director. BY JILL BROADHURST

O

ur 10th Annual Trade Expo is set for Wednesday, September 28, and we are excited with what we have planned on your behalf.

Given all the proposed changes to local rental housing laws, EBRHA has assembled a very strong public affairs committee which has been actively fighting against restrictions that will only hurt property owners and not add one unit of housing. With the election just weeks away, we need all hands on deck!

To this end, we are hosting a forum at the Expo that will bring you up to date on our successes and challenges, provide an opportunity for owners to voice their concerns, and offer options to take an active role in shaping the future of the industry. Don’t miss this critical workshop, titled “Don’t Lose Your Property Rights to Government Overreach!” With proposed rental housing law changes in Oakland, Alameda, Richmond, Albany, Concord and San Leandro, it’s time to mobilize. This workshop will also include “News Laws for 2017.”

Also, new this year is an informative workshop titled “Legal Q&A with a Property Management Perspective.”

During this workshop, owners will get answers to their most pressing legal questions Don’t miss the 10th from a team of attorneys, Annual EBRHA Trade and also hear from seasoned property managers Expo on September about real-world appli28 at the Greek cation of rental housing Orthodox Church. laws. See page 12 for Whether you’re more details. attending one of While admission is free our informational for EBRHA members, workshops or the $20 guest fee can be meeting industry applied to a new annual vendors, there membership. So, nonis something for members have nothing everyone. to lose and everything

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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, but space is limited. Pre-registration is required in advance. Go to www.ebrha.com/expo to register today.

Election November is right around the corner and we are gearing up to inform you, and your circle of friends who vote, what to look for in the ballot book. There are a few big zingers that hit us directly in the gut! See page 3 for EBRHA’s voting recommendations for ballot measures in Oakland, Alameda and Richmond.

And don’t forget to read our email communications. They provide the latest information on what is happening in the many cities that continue to push rent control as “the answer.”

New! Seeking Video Testimonials In case you didn’t notice, we recently added EBRHA member profiles to our website and magazine because we have learned that nothing is as powerful as you sharing YOUR stories—those very personal accounts—as an education tool for the public. We want to take it up a notch, from print and web profiles, to brief 30 second video clips that tell your story.

Contact Angelisa Ross at aross@ebrha.com to schedule a time to drop by and let us grab a few words on video. RH

See you at the Expo!

Jill Broadhurst

EBRHA Executive Director

Relief is here Bay Area Bin Support offers push/pull service to multi-family and commercial properties throughout the East Bay. We arrive at your property in the early morning hours to pull out your trash, recycle or compost bins and securely place them curbside for pick-up. We pride ourselves in returning your bins back to their proper location as soon as possible and tidying up the area clear of debris. Our team offers solutions for clients whose properties are located on hills, have limited curb space or facing other challenges. We offer a flat rate regardless of the distance to the curb. Our team is experienced and knowledgeable in getting the job done right.

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Proud member of the East Bay Rental Housing Association ebrha.com

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RENTAL HOUSING 9

EXPO

schedule of events

The East Bay Rental Housing Association presents

10TH ANNUAL

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

Expo Hall Opens

Meet more than 50 top-notch industry suppliers

4:00 p.m. - 5:00 p.m.

“Don’t Lose Your Property Rights To Government Overreach!” Workshop Presented by Jill Broadhurst, EBRHA Executive Director; Wayne Rowland, EBRHA & CalRHA President; & Ron Kingston, EBRHA State Lobbyist and President, California Political Consulting Group (CPCG)

5:00 p.m. - 7:00 p.m.

Oktoberfest Reception in Expo Hall Enjoy complimentary food and drink

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

“Legal Q&A With A Property Management Perspective” Workshop Moderated by Luke Blacklidge, EBRHA Vice President & Broker, Litton Fuller Group; Presented by Daniel Bornstein, Attorney/Founder, Bay Property Group; Lisa Fowler, Senior Property Manager, Gallagher & Lindsey; Steven C. Williams, Attorney, Fried & Williams LLP; & Mimi Johnson-Jacobs, Owner, Black Oak Properties

6:30 p.m. - 7:00 p.m.

NEW! Fabulous Prize Giveaway in Expo Hall (Must be present to win)

7:00 p.m.

Expo Hall and Event Closes

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925-344-5755 877-264-6964

(Call Now For a Free Estimate) ebrha.com

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RENTAL HOUSING 11

EXPO

workshops

Workshops at a Glance

Learn how to protect your property rights and network with rental housing experts

Don’t Lose Your Property Rights To Government Overreach!

Legal Q&A With A Property Management Perspective

Time: 4:00 p.m. to 5:00 p.m.

Speakers: Jill Broadhurst, EBRHA Executive Director; Wayne Rowland, EBRHA & CalRHA President; & Ron Kingston, EBRHA State Lobbyist and President, California Political Consulting Group (CPCG)

Time: 5:30 p.m. to 6:30 p.m.

Speakers: Moderated by Luke Blacklidge, EBRHA Vice President & Broker, Litton Fuller Group; Presented

by Daniel Bornstein, Attorney/Founder, Bay Property Group; Lisa Fowler, Senior Property Manager, Gallagher & Lindsey; Steven C. Williams, Attorney, Fried & Williams LLP; & Mimi Johnson-Jacobs, Owner, Black Oak Properties

FOR DECADES, RENTAL HOUSING OWNERS HAVE BEEN BURDENED by ineffective government policies that do noth-

ing to solve housing challenges. In this workshop attendees will learn how to proactively engage in the political process and protect their rights as property owners and taxpayers.

Discover what works, what doesn’t and what EBRHA and CALRHA are doing on your behalf. In the current political climate, it’s important to stay informed and participate in the debate. Learn how from our team of experts. Includes “New Laws for 2017” handout.

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GET IMPORTANT LEGAL QUESTIONS ANSWERED, along with the added benefit of input from experienced property managers. While it is critical to understand city-specific rental housing laws, it is equally important to know how to implement those laws realistically, depending on where your rental property is located. RH

THANK YOU TO OUR 10TH ANNUAL EXPO SPONSORS Platinum Sponsors

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RENTAL HOUSING 13

EXPO

speakers LISA FOWLER

Meet the Experts EBRHA has assembled a panel of industry experts to keep you informed on rental housing updates WAYNE C. ROWLAND

DANIEL BORNSTEIN

President of Rowland Property Management and President of EBRHA & CalRHA

Attorney, The Law Offices of Bornstein & Bornstein, and Managing Broker, Bay Property Group

Wayne is President of the EBRHA and CalRHA. He 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.

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 and has conducted numerous seminars throughout the Bay Area. He regularly serves as an expert witness in litigation involving property management and real estate disputes.

LUKE BLACKLIDGE

Broker, LittonFuller Group and EBRHA Vice President Luke has been a real estate broker with Litton-Fuller Group for the past 25 years and specializes in sales of apartment buildings. He has specialized in the Oakland apartment market during his entire career. He is an expert of Oakland rent control issues and 1031 exchanges. He owns several Oakland apartments and does his own management. He is an EBRHA Past President and currently is an officer on the EBRHA board.

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JILL BROADHURST

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

ebrha.com

Senior Property Manager & Co-owner, Gallagher & Lindsey As the Senior Property Manager and co-owner with Don Lindsey, Lisa Fowler has built Gallagher & Lindsey Property Management, Inc. into the largest property management company in Alameda. The company manages a portfolio of residential and commercial properties in Alameda, Oakland, and several other East Bay cities. Lisa enjoys interaction with the diverse collection of property owners, vendors and tenants who make property management such interesting and challenging work.

MIMI JOHNSONJACOBS

Owner, Black Oak Properties A few years after she joined the Contra Costa County District Attorney’s Office as an Assistant D.A., Mimi and her husband put a second mortgage on their home and bought their first rental property, a flea-infested dwelling in a very challenged neighborhood. They turned the property, a duplex, into a place that they would live in themselves, and rented it to two very nice people. They were hooked.

Five years after making partner in an Oakland law firm, Mimi retired so she could manage and grow their real estate assets. They owned 12 rental units at the time. Today, she and her husband own 71 units and employ six people.

She is no longer involved in the day-today operation of the business, which gives her a chance to play golf and pursue volunteer opportunities. They say they could not operate their rental property business without the help and support of EBRHA.

RON KINGSTON

EBRHA State Lobbyist, and President of the California Political Consulting Group

A city like no other deserves a multifamily lender like no other.

LO W F E ES | G R EAT RAT ES | S T R E A M L I N ED P RO CESS

Ron is the President of the California Political Consulting Group (CPCG) and EBRHA’s state lobbyist. Ron’s accomplishments are well-recognized 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

STEVEN C. WILLIAMS

Partner, Fried & Williams LLP Steven received his bachelor’s degree in Law and Society from the University of California, Santa Barbara.

He received his law degree from Golden Gate University. He has been representing real property owners in the Bay Area since passing the California bar exam in 1999. Steve’s experience includes counseling property owners in many areas of the law, including landlord/tenant, co-ownership and neighbor disputes, and purchase/sales transactions. He has extensive litigation experience and has argued cases before the California Court of Appeal. He also speaks to groups of real property owners and professionals about various legal topics. He volunteers time to help others with legal matters and to help law students with their education. RH

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RENTAL HOUSING 15

EXPO

about the exhibitors

Meet the Vendors

Our Expo features more than 50 suppliers that offer the products and services you need.

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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.

Bay Area Bin Support offers push/ pull service to multi-family properties throughout the East Bay. Our team arrives at your property in the early morning hours to pull out garbage, recycle and compost bins and securely places them curbside for pick-up. We pride ourselves in returning your bins back to their proper location as soon as possible.

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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.

BA Waste handles push and pull needs for waste and recycling containers, from carts to large dumpsters. We specialize in multi-family and commercial properties. We also provide services to handle weekly maintenance focused around Common Area Recycling and Trash, we call our “C.A.R.T Program.”

We maintain the trash enclosure/area, monitor overflow or under usage and empty common area waste bins and collect litter/debris around the building.

Call us today at (510)788-0462 or visit www.bawaste.com

Do you own or manage properties in the City of Hayward or East Bay Municipal Utility District service territory? Are you interested in financing opportunities that increase your property value with no up-front cost and no new debt? The BayREN Water Bill Savings Programs aims to save you money and reduce water and energy consumption while complying with upcoming water efficiency state regulations. The programs are currently available for Hayward and East Bay Municipal Utility District water customers – stop by to learn more!

Bay Property Group is the Bay Area’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.

Through design, installation and maintenance of common area laundry rooms, CSC ServiceWorks delivers industry-leading laundry solutions to the multifamily industry. CSC ServiceWorks specializes in custom solutions that include Green/Energy Star equipment, credit/debit and smart card payment systems, and unprecedented technology that allows us to provide the best service and accountability in the industry.

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.

Center for Elders’ Independence is a 501(c)(3) non-profit organization serving frail seniors by providing PACE home health care senior services for the East Bay since 1992. Center for Elders’ Independence is the premier provider of community-based, long-term senior care services in the East Bay. We provide a creative team environment where member’s quality of life is raised to the highest possible level.

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

Crane Management was established with the goal to provide SF East Bay Area property owners with high quality, long-term management services in all aspects of single-family and multiunit management. Whether you are an owner of one single-family home that needs to be rented or an investor with 50+ units, we are here to help you maximize profitability.

City Construction has renovated over 200 multifamily units for real estate companies the last 4 years. We have participated in over one million commercial Tenant Improvement projects.

We consider ourselves the best apartment renovation company in the East Bay and an expert in Tenant Improvement projects.

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.

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.

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!

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.

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EXPO

exhibitors (cont’d)

Enovative is the manufacturer and installer of the AutoHot recirculation pump control for multifamily central hot water systems. Utilizing the AutoHot will regulate the run time of your recirculation pump to only those times when needed, thereby increasing system efficiency and reducing your monthly water heating gas bill. The AutoHot controller will also help aid in the reduction of costly pinhole leaks, often associated with excessive pump operation. Now, under the PG&E Multifamily Optimizer Program, you can get the AutoHot controller installed in your multifamily building at NO COST. To learn more call (866) 495-2734.

Fidelity Roof has been providing roofing and waterproofing services to property owners for over 68 years.

Our diverse team of managers bring a wide range of expertise and knowledge to each projects unique requirements.

With the completion of over 10,000 projects and thousands of repairs and the availability of maintenance programs, Fidelity Roof Company can solve a broad range of roofing and waterproofing issues with time proven and cost effective solutions. Whether it be a small leak repair or a complete roof replacement Fidelity Roof is there to help.

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 and managers of real property.

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First Foundation Bank is a direct lender providing cost effective lending options for stabilized income producing properties. We have 3, 5 & 7yr hybrid programs for multifamily (5+ units), mixed-use and other non-owneroccupied commercial real estate. Our programs offer purchase and refinance loans up to 75% LTV with flexible prepay and attractive rates. There is no point and no appraisal fee. Easy process and make sense underwriting.

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.

HARBRO Emergency Services & Restoration. When Disaster strikes recovery starts with one call. HARBRO specializes in integrated disaster recovery and restoration services for Commercial, Industrial, High Rise, Retail, Hospitality, Assisted Living, MultiTenant and Residential Properties.

As a leader in emergency restoration services, you can count on HARBRO to minimize the effects of natural or man-made disasters. We will restore, rebuild and return our clients to “business as usual” in the most expeditious time-frame possible. Since 1961, our clients have taken comfort in relying on the integrity, dedication to quality and professional excellence of our experienced personnel.

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The Home Depot was founded in 1978

by Bernie Marcus and Arthur Blank with the intent of revolutionizing the Home Improvement Industry by providing know how and tools to the Consumer and by saving the Consumer money. The Home Depot is still guided today by those values established by its founders: excellent customer service, taking care of our people, entrepreneurial spirit, respect for all people, building strong relationships, doing the right thing, giving back to communities, and creating shareholder value.

The Housing Authority of the City of Alameda, in partnership with the entire community, advocates and provides quality, affordable, safe housing; encourages self-sufficiency; and strengthens community inclusiveness and diversity in housing.

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.

Commercial Real Estate Services, Worldwide.

The Law Offices of Bill Ford, a full-service, AV® Preeminent™ rated law firm, counsels and represents landlords and property managers in property management and unlawful detainer matters throughout Northern California. Our team has successfully litigated hundreds of landlord-tenant disputes and has substantial experience in representing public, private, commercial and multifamily housing entities.

Luther Burbank Savings is an FDIC insured, privately held, California based bank with over $4.7 billion in assets.

Our income property team works with clients to structure deals that make sense, leveraging a competitive portfolio to finance 5+ unit apartment buildings, mixed-use, light industrial, office and retail buildings. We also offer a variety of consumer banking services focusing on single family mortgages and retail deposits. For more information, please visit www.lutherburbanksavings.com. Equal Housing Lender.

Mynd is a property management company for investors. The company has created a simpler, more profitable and trusted way for investors to own rental properties. Mynd will offer unparalleled transparency, so that investors know their properties are in good hands. Finally…a property management solution that provides peace of mynd.

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.

Since 1992, Northern Contours has been a leading manufacturer of cabinet doors & components for the kitchen & bath, refacing, home organization, and contract furniture industries. Our expertise is in flat & membrane pressed components in materials like durable 3D Laminate, High Gloss Acrylic, and Exotic Wood Veneer. In addition to cabinet doors, we also offer a full line of accessories and surfacing options to complete cabinet refacing projects.

Northern Contours has five manufacturing facilities located in three states to conveniently service the USA and North America. Northern Contours employs over 450 people operating in more than 420,000 square feet.

Oakland Elizabeth House provides transitional housing and services to homeless women with children. Our services include: safe, affordable housing; individual case management; mental health counseling; housing advocacy; education and employment services; and health and wellness education. We believe the greatest impact is made on the resident’s lives by focusing on the individual. Through a large volunteer corps, collaborations with local service providers, and free or low-cost professional training, our residents have a well-rounded experience.

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.

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EXPO

exhibitors (cont’d)

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.

We have the loan program to close the deal. Pacific Western Bank offers multifamily loans to owners, brokers, and investors seeking financing up to $50 million. Whether you are looking to refinance an existing apartment building or purchase a new building, we have the loan program to get your deal done.

P.W. Stephens can take the worry and confusion out of your abatement needs.

From beginning to end, we ensure that your environmental remediation project is handled efficiently and expertly. You will have the confidence in knowing the job will be done right.

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.

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

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.

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.

SGK Home Solutions, Inc. installs a wide variety of window and door products for residential clients throughout the Greater Bay Area. The company carries vinyl, wood and fiberglass products. It also remodels bathrooms, provides tile and flooring for kitchen remodels, refaces kitchen cabinets, and installs outside siding.

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The Sherwin-Williams Company is an American Fortune 500 company in the Paint industry. The company, with headquarters in Cleveland, Ohio, primarily engages in the manufacture, distribution, and sale of paints, coatings, related products and Floorcovering to professional, industrial, commercial, and retail customers primarily in North America though our network of Stores.

We have 54 Paint Stores, 3 Floorcovering Stores and 58 Sales Reps covering the Bay Area to service your business needs.

Jain Williams

Your rental property is a big investment and you depend on it for income.

We can help make sure that you have the right plan in place to protect your properties against damage and lawsuits.

But it doesn’t stop there, the coverage you carry on your auto policy is as important. An at fault auto accident can put your rental properties at risk.

Stop by our booth to see why you should consider a Personal Liability Umbrella and Commercial Liability umbrella to protect your property against lawsuits.

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.

Property damage insurance claim experts, The Greenspan Co./Adjusters International is the largest public insurance adjusting company in the Western States, and works on behalf of policyholders – not insurance companies – to prepare, present, and negotiate insurance claims. The team of licensed public insurance adjusters, construction cost estimators, inventory specialists, and forensic accountants have expertise in nearly every type of property insurance claim, resulting in thousands of satisfied clients throughout the company’s 70-year history. www.greenspan-ai.com

Located in Oakland, CA, Vision Property Management takes care of single and multi-family homes. We strive to be East Bay’s most reliable property management company, where excellence is our standard. We believe in working simply and want every step of the owner and resident experience to be easy, efficient, and user-friendly.

While you are always in full control of your asset, our expertise can take your investment to the next level. Furthermore, our communication with you is second to none. Vision’s staff is responsive, prompt and professional. We invite you to join our vision!

Water Heaters Only, Inc. is a family owned water heater repair and replacement company specializing in residential, commercial and tankless water heaters. We work closely with many property owners and management companies and offer special pricing for our clients. Water Heaters Only, Inc is available 24/7/365, we do not charge extra for evenings, weekends or Holiday service. Contact Yana, Scott or Paul to set up an account or for service. RH

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FEATURE

22 RENTAL HOUSING | OCTOBER 2016 | ebrha.com PHOTOS: CREATIVE COMMONS / PAUL A. HERNANDEZ

Are You a Real Estate Investor or Collector?

Focus on these key areas to earn more from your real estate investments. BY DOUG BRIEN

I

n my early days as a real estate investor someone asked me an important question: are you a real estate investor or a real estate collector? This question highlights an important distinction because investors focus on maximizing returns and minimizing risks and collectors simply own properties. Maximizing returns and minimizing risk means buying in the best markets, finding the best management solution, maximizing rents, carefully managing maintenance and improvements and picking the right tenants. On the other hand real estate collectors just own and hold.

In my opinion, the difference between the two is the difference between a good investment and a potentially bad one.

After about five years of investing, when I was in my late 20s, I decided that I wanted to be an investor and that meant I needed to educate myself on the best ways to maximize my returns and minimize my risks. In the nearly 20 years since I decided to be a real estate investor, I have learned and seen a lot. If you aspire to be a real estate investor here are some things I suggest you focus on:

1. Setting Rents

The rental market is dynamic, and rents should be pushed when it’s possible. Because the cost of operating always goes up, it is important to grow your top-line revenue to maintain a healthy profit margin. Utilizing the right data and approach is essential to setting the proper market rent. You should know the average price per unit and the average price per square foot for your unit type in your sub-market. From there, assess location, building quality, unit quality and amenities to narrow down the right asking ebrha.com

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4. Maximizing After-tax Returns

When evaluating investment options I always compare after-tax returns. This is why I end up investing so much in real estate. Real estate generates the most efficient after-tax returns that exist. However, to fully maximize your after-tax returns there are certain things you must do. First, make sure that you or your management company tracks maintenance expenses in a detailed and accurate manner.

This allows your tax accountant to aggressively expense maintenance costs and thus minimize your tax liability. Second, perform a Cost Segregation Study. This can be done by certain accounting firms. The study will allow you to accelerate your depreciation by breaking out the individual components of a property such as electrical assets, landscaping etc, which can be depreciated at a faster rate than the overall property. It should be noted that I have never come across a traditional property management company that does any of this.

“Like me, I am sure you worked hard to earn the money that you used to buy your real estate investments. So, I would encourage you to invest some time in educating yourself on how to become a great real estate investor rather than a collector of real estate, so that you can earn as much from your investments as possible.” rent. Remember, a small difference in rent makes a big difference in the value of your investment. A 1% rent increase on a $2,000-per-month unit is $20 per month or $240 annually. At a 4.5% cap rate that is $5,333 of additional value to your investment. In other words, if you increase your $2,000 per month rent by just 1% or $20 you can increase the value of your property by $5,333! In a high demand rental market it pays to be aggressive with the asking rent and then adjust if needed.

2. Maximizing Other Income

“Other income” comes from sources other than rental revenue.

It includes income from parking, storage, laundry, pet rent, renters insurance, Airbnb, cable deals, etc. The math is similar to #1, but better. With “other income” there typically is no offsetting expense, which means the entire amount drops down to your bottom line. So, an extra $100 a month in “other income” is worth $1200 a year or $25,000 in increased value to your investment! If you are an investor it is worth your while to ensure that you maximize this type of income.

3. Selecting the Best Resident

A successful rental property investment is a combination of the right real estate asset and the right resident. If you get either wrong your investment returns can suffer. I have talked to many rental property owners that feel they can pick the right resident by using their “gut” feeling. This is the wrong approach on many levels. First, it is prone to violating laws.

Second, it does not capitalize on all of the information that is available to you today. This valuable information can do a better job of predicting the best resident than your gut. In my time as CEO of Waypoint Homes, we learned that certain data behind a FICO score better predicts the right resident than a FICO score itself, or income level. We also learned that rental history verification was not that useful; it is subject to gaming and slows down the leasing process, thus costing you valuable time and leads.

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5. Knowing Your Opportunity Cost

An opportunity cost is gain you lose in potential activities by engaging in an alternative activity. Of course, there is always a balance in this analysis because not all decisions are financial.

In general, though, if you know you make $X per hour with your primary job then you should be aware of the income you lose by not working. For example, does it make sense for you to mow your lawn? If it costs $25 per hour to hire someone to mow your lawn and your job pays you more than $25 per hour then it doesn’t make financial sense to mow your lawn. The same logic applies to managing your rental properties. If you make more money per hour than you would pay to hire a professional property management company then it makes sense to hire a professional - if you can find a good one. Also, consider that a good property management company can do things better and faster than you because their company focuses on managing rental properties. I have learned that I should focus my time on earning more money at my primary job, so I can save more and buy more investment properties.

Investing in Education

Like me, I am sure you worked hard to earn the money that you used to buy your real estate investments. So, I would encourage you to invest some time in educating yourself on how to become a great real estate investor rather than a collector of real estate, so that you can earn as much from your investments as possible.

RH

Doug Brien is a former NFL placekicker turned real estate entrepreneur and public REIT CEO. Today, Doug is the Co-CEO and Co-Founder of Mynd (www.Mynd.co), which is focused on making property management more trustworthy, profitable and simple. He can be reached at doug@mynd.co or 925-984-1180.

Beacon Properties East Bay Property Management & Brokerage Services Since 1990

• We add value to buildings • Experienced and informed • Fully computerized • Integrity and care

Carlon Tanner, Owner/Broker

466 40th Street Oakland, CA 94609 Tel 510-428-1864 Fax 510-601-1917 beacprop@pacbell.net

SPONSORED BY EBRHA

Oakland Elizabeth House

is celebrating 25 years of service in our community!

Please join us as we raise a glass to celebrate our 25th year helping families break the cycle of homelessness and poverty.

Elizabeth House Ad OCTOBER 14TH, 2016 | 6:30 P.M. TO 9:30 P.M. The Greek Orthodox Church | 4700 Lincoln Avenue, Oakland Join us for wine, hors d’oeuvres, sweet treats, and music.

Ticket price: $100 To purchase tickets or for more information visit our website http://www.oakehouse.org/.

Questions: Contact Samantha Schell, Board President schellsamantha2012@gmail.com or 510/812-8699

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FEATURE

Criminal History Screening Guidelines Promote Fair Housing by implementing these important updates to your screening procedure. BY RON KINGSTON

I

n April 2016, U.S. Department of Housing and Urban Development (HUD), the enforcement agency of the federal Fair Housing Act, issued new guidelines concerning criminal history screening procedures.

Under the guidelines, housing providers may be found liable for discrimination if their criminal history screening policies and decisions have a disproportionate “discriminatory effect” on a protected class (also called the “disparate impact”). This type of discrimination is based on the net negative impact that a housing provider’s criminal history screening policy has on a protected class as a whole. Under this theory of discrimination, an owner can be liable for discrimination even if he or she had no intention of discriminating. The new guidelines are based largely on social, political and legal trends, including a recent Supreme Court decision upholding a housing discrimination lawsuit based on the “disparate impact” theory of discrimination. See the summary chart on

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page 28 for more information.

The purpose of this Q & A is to help housing providers better understand the new guidelines, and provide information germane to updating rental applicant screening processes.

What are the new housing discrimination guidelines, and where did they come from?

Previously, it was thought that rental property owners could deny or exclude renters based on any arrest or conviction in an applicant’s background, without fear of violating discrimination laws. After all, criminal history has never been a protected category in the discrimination context. Criminal history remains an unprotected discrimination class; however, new housing discrimination guidelines establish that housing providers can be found liable for discrimination if certain criminal background screening policies or procedures are practiced. The guidelines appear to be partially based on a recent U.S.

The Housing Authority of the Cit y of Alameda and ECHO Housing

Welcome ALAMEDA Renters and Housing Providers to a FREE FAIR HOUSING TRAINING! TRAINING DATES:

TUESDAY, October 4, 2016 6:30 PM WEDNESDAY October 19, 2016 2:30 PM THURSDAY November 10, 2016 6:30 PM TUESDAY November 29, 2016 2:30 PM

TOPICS WILL INCLUDE:

• What laws govern housing discrimination?

• Who is protected under the law?

• Reasonable accommodations and modifications for tenants with disabilities • Renting to families with children • Occupancy standards • Advertising guidelines • AND MORE! Please REGISTER for this training online at www.alamedarentprogram.org/workshops/

For more information: www.alamedarentprogram.org (510) 747-4346

Overview of HUD’s New Criminal History Screening Discrimination Guidelines SUMMARY Housing providers can be liable for discrimination, regardless of intent, if their criminal background screening policies have a “disparate impact” or “discriminatory effect” on a protected class of persons.

DISPARATE IMPACT THEORY OF DISCRIMINATION Tenant screening policies that restrict access to housing based on criminal history can have a disproportionate negative impact (or discriminatory effect) on minority populations, because statistically, certain minority populations are arrested, convicted, and incarcerated at rates disproportionate to their share of the general population.

LEGITIMACY OF CRIMINAL HISTORY SCREENING 1) Because criminal history screening polices can have a discriminatory effect on minorities, a criminal history-based policy that restricts access to housing is lawful only if it is “necessary to serve a substantial, legitimate, nondiscriminatory interest.”; 2) A criminal history screening policy based on resident, employee, and property safety may be legitimate, so long as the policy actually assists in protecting resident safety and/or property; 3) Bald assertions based on generalizations or stereotypes that any individual with an arrest or conviction record poses a greater risk than any individual without such a record are not sufficient.

CRIMINAL HISTORY SCREENING FACTORS TO CONSIDER Policies that exclude tenants based on criminal history must consider the following factors: a. The nature and severity of the conviction (i.e. conviction must relate and be of substantial and legitimate concern to resident and/or property safety). b. Recency of the conviction (i.e. the more time that has passed since the conviction, the less relevant it is to resident and property safety). c. Mitigation (i.e. countervailing circumstances that reduce concern for resident and property safety).

EXCLUDABLE OFFENSES Policies and practices that exclude applicants for violent felonies, sex offenses, and destruction of property are justifiable and appropriate in the housing context, so long as the Criminal History Screening Factors are considered.

POLICIES AND PRACTICES THAT ARE DISCRIMINATORY Policies and practices for excluding applicants based on any of the following criteria will likely be deemed discriminatory under the Fair Housing Act: a. Arrests; b. Blanket prohibition on leasing to persons with any conviction record without considering the factors; c. Certain non-violent crimes (i.e. bigamy); d.Certain victimless crimes (i.e. gambling).

For more information, go to portal.hud.gov. RH

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Supreme Court decision upholding the “disparate impact” theory of discrimination in the housing context, and partially based on changing social, cultural, legal and political norms.

The following are guiding principles of HUD’s new guidelines: a) A housing provider’s criminal history screening policy must be necessary to serve a substantial, legitimate, nondiscriminatory interest; b) A criminal history policy based on a crime against a person and/or property may be legitimate so long as the policy or practice actually assists in protecting resident safety and/or property; c) Bald assertions based on generalizations or stereotypes that any individual with an arrest or conviction record poses a greater risk than any individual without such a record are not sufficient.

It should be noted that HUD’s guidelines do not establish new regulations or laws. Instead they reflect how HUD interprets new or existing laws, and how it will or intends to enforce the law. The new guidelines, therefor, reflect HUD’s interpretation of recent case law on the matter, and how it will analyze and address criminal history screening issues in the future.

What is “disparate impact” or “discriminatory effect”?

The terms “disparate impact” or “discriminatory effect” generally describe a legal theory for finding discrimination not based on intent, but based instead on the adverse effect that an arbitrary or unproven policy disproportionally has on a protected class of people. More specifically, if the net result of a screening policy excludes a substantial percentage of minorities, as compared with non-minorities, from a rental property owner’s rental application pool, it likely has a “discriminatory effect” on those minorities. If the screening policy has a discriminatory effect on minorities, the policy may be legally discriminatory if the policy is not “necessary to serve substantial, legitimate, and nondiscriminatory interests” In the context of criminal history screening policies, according to HUD, African American and Hispanic applicants are arrested, convicted and incarcerated at rates disproportionate to their share of

EARTHQUAKE AND STRUCTURES, INC. Est. 1984

Structural • Civil • Construction Management

Premier Engineering Services in the Greater Bay Area  Soft-story screening and report per city ordinances  Seismic strengthening, foundations, and retaining walls

– since 1947

Gary Funston • District Sales Manager 1-800-359-1217 • www.washlaundry.com

 Construction management and oversight  Over 5,000 City approved construction projects.  Knowledgeable, reliable, and insured  Over 40 years of experience

Strategic Advice and Assistance in Management and Rent Board Matters

Contact Bishwendu K. Paul, S.E., M. Eng. UC Berkeley Alumni Structural Lic. No. S003093

info@rentboardmatters.com

Liz Hart

510-813-5440

(510) 601-1065 (415) 835-6754

bk@esiengineers.com www.esiengineers.com

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the general population. As such, screening policies that exclude applicants based on criminal history can have a disproportionate adverse impact (or discriminatory effect) on African Americans and Hispanics.

Because these tenant-screening practices can have a discriminatory effect on minorities, HUD has developed guidelines for housing providers to follow, to ensure

they are not discriminating against housing applicants.

Under the guidelines, a policy is not discriminatory in the legal sense just because it has a discriminatory effect or a disproportionate negative impact on a minority class. Housing providers are entitled to screen and exclude based on information they learn through the screening process, but the policy must not

Criminal History Screening Factors

NATURE & SEVERITY Offenses that are less risky to resident/property safety: • Offenses unrelated to resident/property safety (i.e. tax evasion) • Minor offenses (i.e. public intoxication); • Certain victimless crimes (i.e. gambling, drug possession,) • Certain non-violent offenses (i.e. bigamy Offenses that are riskier to resident/property safety: • Violent Felonies • Sex Offenses • Property Crimes Other factors to consider: • Repeat offender • Misdemeanor v. Felony RECENCY • The more time that has passed since the conviction the less risky the applicant is to the safety of the residents and property.

• Juvenile convictions have less bearing on risk to resident/property safety MITIGATION • Facts and circumstance surrounding criminal conduct • Age of the applicant at the time of conviction • Evidence of good tenant history before/after conviction • Evidence of rehabilitation: state issued certificate of rehabilitation, probation officer reports, stable employment, school or training history • Evidence of treatment: completion of drug and/or alcohol counseling, anger management, rehab • Letters of recommendation • One-time offense For more information, go to portal.hud.gov. RH 30 RENTAL HOUSING

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be arbitrary, or based on generalizations or stereotypes. Instead, the policy must be “necessary to serve substantial, legitimate, and nondiscriminatory interests.”

Do the guidelines prohibit consideration of all criminal history?

No. Housing providers may still consider criminal history, and may deny an applicant because of prior criminal convictions. Consideration of crimes against a person and/or property, including the potential danger or risk an applicant poses, is still paramount in the screening process. Owners need to know whether a prospective tenant may be dangerous to other tenants or the property, and be able to exclude those applicants that pose a threat. No longer allowed, however, are consideration of arrests that did not lead to a conviction, and the arbitrary exclusion of housing applicants with any prior criminal convictions without considering the following Criminal History Screening Factors. See chart at left for more details.

With respect to mitigation, housing providers may also consider factors that reflect negatively on the applicant, such as subsequent or multiple convictions, no records of stability (tenancy, employment, treatment), poor prior tenant history, poor probation reports, etc.

If an applicant discloses that he or she was convicted of a crime against a person or property, an owner or manager may request further information from the applicant and from a regulated bureau that provides personal information about an applicant. Should an owner or manager seek additional information from one or more of these bureaus, written authorization must be obtained from the applicant prior to a report being requested or written.

What kinds of convictions should housing providers look out for?

Under HUD’s guidelines, housing providers may always exclude applicants who have been convicted for manufacturing or distributing controlled substances. Additionally, lifetime registered sex offenders are prohibited in federally assisted housing. Beyond those automatic exclusions, HUD’s guidelines require applying the

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“Formerly, a blanket exclusion of applicants with any criminal record was an easy policy to understand, and required little, if any, legal advice to enforce. The new guidelines, on the other hand, now require housing providers to rethink and reformulate their screening policies to ensure complex legal standards and theories of discrimination are not being violated.” screening factors from the chart on page 30 to avoid liability.

At least for now, the screening factors should even be applied to violent felonies like murder, arson and rape. By application, a 60-year-old applicant with a juvenile arson conviction for burning a small shed when he was 10 years old, in which no one was hurt, may be less of a risk to resident and property safety than someone with a more recent arson conviction in which victims were injured. More often than not, housing providers will be able to justify excluding applicants with these kinds of violent felonies in their background.

Other felonies that are related to and threaten resident and property safety include: kidnapping, sex offenses, domestic violence, assault & battery, destruction of property, false imprisonment, weapons charges, robbery, burglary, breaking & entering, stalking. Again, exclusion will depend on the screening factors.

Convictions that do not necessarily threaten resident or property safety but nonetheless should be analyzed by applying the screening factors include drug possession, misdemeanors, and financial crimes including embezzlement, and fraud. Depending on the severity, frequency, and circumstances, these crimes may or may not bear on an applicant’s appropriateness for tenancy.

Some argue that the guidelines go too far in this regard, that housing providers should automatically be able to exclude those with certain kinds of violent felonies in their background regardless of the screening factors.

HUD may well change their policy in the near future, but until such time, it would be prudent to follow the guidelines.

At the very least, housing providers would be well served by drafting a written policy highlighting its reasoning for excluding those with violent felonies.

What tenant screening criteria is prohibited?

The following are guiding principles: a) Do not ask about, consider, or screen for arrests or charges not leading to a conviction; b) Only exclude for crimes that affect safety of residents and property, and ability to pay rent; c) Except for 32 RENTAL HOUSING

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drug manufacturing and lifetime registered sex offenders, do not establish a policy that automatically excludes an applicant for a specific prior crime; d) To the extent possible, evaluate each applicant on a caseby-case basis based on nature and severity, recency, and mitigating factors.

At what point in the screening process should criminal history be considered?

HUD recommends the following: “By delaying consideration of criminal history until after an individual’s financial and other qualifications are verified, a housing provider may be able to minimize any additional costs that such individualized assessment might add to the applicant screening process.”

Do housing providers have a duty to conduct criminal background checks?

Housing providers have no legal duty to conduct a criminal background check. Circumstances may arise, however, that create a duty to perform a background check on a particular applicant or tenant. For example, if the housing provider becomes aware from a reliable source that the applicant or tenant has a criminal background that poses a risk to other tenants or the property, a background check may be required. Another reason a housing provider may need to run a background check is if the provider witnesses or reliably becomes aware of dangerous or illegal conduct of a tenant. Performing background checks on prospective tenants is just a good common sense practice to ensure safety to tenants and property. But remember, it could be discriminatory to selectively run background checks on some prospective tenants and not others. If you are going to screen for criminal convictions, you should screen all housing applicants.

Should housing providers check the State’s online sex offender registry list?

To protect the safety of other tenants, housing providers are permitted to check the State’s “Megan’s Law Home” online sex offender registry to determine whether an applicant or tenant is listed. It should be noted, however, that while sex offender status is not a protected class, information on the sex offender registry may only be used “to protect a person at risk.” Women and children likely qualify as persons at risk. California law also requires housing providers to disclose the existence of the statewide database of registered sex offenders in every lease and rental agreement. (See Cal. Penal Code § 290.46.)

Can criminal history screening be discriminatory in other ways?

Yes. HUD’s guidelines point out that housing providers violate the Fair Housing Act if they intentionally discriminate against

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Statement of Ownership, Management and Circulation 1.

2.

3.

4.

5.

6.

7.

Publication Title: Rental Housing Publication Number: 23266 Filing Date: 9-2-16 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, 2016.

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

1,500

1,500

®

™

* Based on a 2008 internal State Farm Claims department national study.

1101210.2 State Farm, Home Office, Bloomington, IL

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

443 456

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

938 927

(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:

1,381

1,383

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:

0 0

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

40 40

(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:

40

40

1,421

1,423

79

77

1,500

1,500

97.00%

96%

16. Electronic Copy Circulation:

(a) Paid Electronic Copies:

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

1,381 1,383

0 0

(c) Total Print Distribution + Paid Electronic Copies:

1,421 1,423

(d) Percent Paid:

97.00%

97%

17. Publication of Statement of Ownership will be printed in the October 1, 2016 issue of this publication.

18. Signature and Title of Editor, Publisher, Business Manager, or Owner: (signed) Jill Broadhurst, Managing Editor; Date: September 12, 2015.

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UPCOMING EVENTS Oakland Rent Board Roundtable D ATE & TIME M ODERATOR

PRICE

TOPICS

MONDAY, OCTOBER 3; 10:00 A.M. - 11:00 A.M.

Jill Broadhurst, CCRM, EBRHA Free to members only An informal discussion for members that have or had a rent board hearing

Small Property Owners Roundtable D ATE & TIME M ODERATOR

PRICE

TOPICS

TUESDAY, OCTOBER 11; 10:00 A.M. - 11:00 A.M. Jill Broadhurst, CCRM, EBRHA Free to members only An informal discussion on management issues & solutions

Membership Meeting D ATE & TIME SATURDAY, OCTOBER 15; 10:00 A.M. - NOON

PRICE Free to Members Only

TOPICS Overview of November Ballot — EBRHA Staff

Legal Q&A — Bill Ford, The Law Offices of Bill Ford

Public Affairs Meeting D ATE & TIME M ODERATOR

PRICE

TOPICS

TUESDAY, OCTOBER 18; 10 A.M. - 11:00 A.M. Jill Broadhurst, CCRM, EBRHA Free to members only Prioritize local housing issues and tackle them head on

Meet & Greet w/ Elected State Assemblymember Bill Quirk D ATE & TIME THURSDAY, OCTOBER 27; 1 P.M. - 2:00 P.M.

PRICE Free to members only

DETAILS Bill Quirk represents Southern Alameda County. All members are encouraged to come meet Assemblymember Bill Quirk and learn about the state agenda

Unless noted, all events are held at:

3664 Grand Avenue • Suite B Oakland, CA 94610 TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. PRE-REGISTRATION REQUIRED 34 RENTAL HOUSING

| OCTOBER 2016 |

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an applicant in a protected class through the use of criminal history information.

Examples of direct discrimination include the following: • Intentional discrimination may be proven based on evidence that a housing provider rejected an Hispanic applicant based on his criminal record, but admitted a non-Hispanic White applicant with a comparable criminal record.

• Similarly, if a housing provider has a policy of not renting to persons with certain convictions, but makes exceptions to it for Whites but not African Americans, intentional discrimination exists.

• A disparate treatment violation may also be proven based on evidence that a leasing agent assisted a White applicant seeking to secure approval of his rental application despite his potentially disqualifying criminal record under the housing provider’s screening policy, but did not provide such assistance to an African American applicant.

• Discrimination may also occur before an individual applies for housing.

For example, intentional discrimination may be proven based on evidence that, when responding to inquiries from prospective applicants, a property manager told an African American individual that his or her criminal record would disqualify him or her from renting an apartment, but did not similarly discourage a White individual with a comparable criminal record from applying.

• Discrimination can also be shown where a housing provider did not actually know of an applicant’s criminal record at the time of the alleged discrimination.

• Additionally, shifting or inconsistent explanations offered by a housing provider for the denial of an application may also provide evidence of pretext.

Ultimately, the evidence that may be offered to show that the plaintiff or complainant’s criminal history was merely a pretextual justification for intentional discrimination by the housing provider will depend on the facts of a particular case.

Do these guidelines apply in the employment context?

Yes, disparate impact theory of discrimination applies in the employment context

as well. Thus, any hiring decisions that are made based on criminal history should follow these guidelines.

Is there a best practices approach to criminal history screening?

Yes. The National Apartment Association (NAA) and the National Multifamily Housing Council recommend the following “best practices” to criminal history screening practices for housing providers: 1) develop a written criminal history screening policy; 2) determine legitimate interests; 3) no automatic conviction exclusions; 4) ignore arrests; 5) apply screening policy equally and consistently; 6) individually assess record and conduct; 7) narrowly tailor inquiries about criminal convictions; and 8) train staff.

Should housing providers consult with an attorney?

Housing providers are legitimately wary of the new guidelines because of the new liability it creates. Formerly, a blanket exclusion of applicants with any criminal record was an easy policy to understand, and required little, if any, legal advice to enforce. The new guidelines, on the other hand, now require housing providers to rethink and reformulate their screening policies to ensure complex legal standards and theories of discrimination are not being violated. Housing providers are understandably concerned. Rental property owners would be well served to consult an attorney to discuss formulation of a criminal background screening policy.

It should also be noted, however, that due to public concern and complaints, the federal government will likely issue new and clarified regulations or guidelines pertaining to criminal background screening in the near future. Until then, read the new guidelines, and discuss your options with an attorney. RH The information provided herein is intended to provide general guidance and awareness on recently passed state laws and regulations and shall not be construed in any way as a substitute for individual legal advice. Those that require specific advice should consult an attorney. Ron Kingston is the EBRHA state lobbyist and president of the California Political Consulting Group.

He can be reached at 916-447-7229 or ron@ calpcg.com.

UPCOMING WORKSHOPS Rental Property Owner 101 (RPO 101) D ATE & TIME SPEAKERS

PRICE

TOPICS

THURSDAY, OCTOBER 6; 2:00 P.M. - 3:30 P.M.

Jill Broadhurst, CCRM, EBRHA Members: Free; Non-members: $69 New Rental Housing Laws, Tenant Screening, Application Process, Fair Housing, Local Ordinances, and More

Everything You Need to Know About Owners’ Insurance D ATE & TIME SPEAKERS

PRICE

TOPICS

TUESDAY, OCTOBER 11; 2:00 P.M. - 3:30 P.M. Presented by Jain Williams—State Farm Insurance Members: $39; Non-members: $69 Ins and outs of insurance coverage for your rental properties

Lunch-n-Learn: Financial Planning Basics D ATE & TIME

SPEAKER

PRICE

TOPICS

THURSDAY, OCTOBER 13; NOON - 1:30 P.M.

Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors $20 (Members only); Registration required by October 12.

Setting goals, Budgeting, Emergency Fund, Insurance, Using Credit, Investments, and More

EVENING WORKSHOP How to Handle

Subtenants, Assignees & Visitors D ATE & TIME SPEAKERS

PRICE

TOPICS

WEDNESDAY, OCTOBER 19; 6:30 P.M. - 8:00 P.M.

Clifford Fried, Fried & Williams LLP Members: $39; Non-members: $69 Subtenants, Roommates Requests, Visitors, Costa-Hawkins, Short-term Rentals, and More

Lunch-n-Learn: Asset Protection D ATE & TIME

SPEAKER

PRICE

TOPICS

THURSDAY, OCTOBER 20; NOON - 1:30 P.M.

Harry Barth, Barth Calderon Attorneys $20 (Members only); Registration required by October 19.

Guarding Your Assetts, LLCs, Preparing for Lawsuits, Unique Risks, IRS Tax Rules, and More

Unless noted, all workshops are held at:

3664 Grand Avenue • Suite B Oakland, CA 94610 TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. PRE-REGISTRATION REQUIRED ebrha.com

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COLUMN

community partner

Helping Women and Children Transition to Independence

support. Through the generosity of a large volunteer corps, collaborations with local service providers and the generosity of free or low cost training by professionals in various life-service fields, we are able to provide our residents with the skills necessary to break the cycle of homelessness and move to independent living.

Testimonial The following is an excerpt from a testimonial from one of our alumna residents.

She describes the events that led her to Oakland Elizabeth House.

“I was born to a mother who was an alcoholic and drug addict. She had Learn about an invaluable service to those on the a steady stream of pimps, male suitors, road to self-sufficiency. BY SAMANTHA SCHELL hustlers, and thieves coming in and out of our house. When I was six I was sent to live with an aunt. That aunt had a stroke and I ran away before being put into the foster care program. I found my mother who was living in West Oakland in the Lower Bottoms.

At nine, I had no idea that the environment I lived in was full of people who had never worked a regular job. I had no role models such as teachers or nurses to look up to. I started drinking alcohol, smoking weed, and breaking into cars by the age of eleven.

At eleven, I first visited juvenile hall for vandalism. Things only escalated from violence, which is traumatic for mothers there. I continued on my path of destrucakland Elizabeth House is a and their children. tion without any parental guidance or residence for women with children Oakland Elizabeth House provides a consequences for my criminal behavior. who have experienced homelessness, variety of program services, which are Upon entering a group home in Oakland poverty, domestic violence or addiction. critical to those on the road to selfat the age of fourteen, I discovered I was Our mission is to support women and sufficiency. Our services include safe, pregnant with my first of five children. children in their transition to indepenaffordable housing, daily My son was put in to dence. We have provided this support in nutritious meals, individu- “I had access to Child Protective Services our community since 1991. This is our alized case management, helpful resources, (CPS) because of the 25th year of helping families break the mental health counseling, we had healthy well- details about my life cycle of homelessness and poverty and housing advocacy supbalanced meals, that I revealed to social move to independence. We are dedicated port, healthy living, and and I was able to workers. to creating and maintaining a nurturing financial management. gain something A month later my cooperative living environment of hospiWe believe that we make that could not be son’s father was murtality and respect. the greatest impact on purchased—peace dered, and for the first Prior to coming to Oakland Elizabeth the lives of our residents of mind. Elizabeth time in my life, I felt House, 100% of our families come from by providing the services House gave me stadeath so close. Things homelessness, and 94% are impoverdescribed by collaborating bility, and it did not were spiraling out of ished. Nearly half of the women we with various high-quality feel like a program, control with moving help are in substance abuse recovery, programs for additional it felt like home.” from place to place, and and 75% have experienced domestic

O

36 RENTAL HOUSING

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MAISEL PROPERTY MANAGEMENT, Inc. me having three children by the age of 19. I tried working minimum wage jobs; however, I was hustling and living an unhealthy lifestyle. Finally, the choices I made landed me in prison for residential burglary. I went back and forth to prison until 2005. By then I had lost all my children to CPS, so I decided to take control of my life and get my children back. I worked two jobs: AMC Movie Theater and McDonald’s in San Francisco, with an ankle monitor provided by the probation department.

Shortly after settling in a home in Lodi, California, once again I faced another tragedy. In 2012, my youngest daughter’s father was murdered in West Oakland.

I went into a deep depression. Following this tragic event, I lost my housing.

With no mental strength to fight with the housing authority, I left and moved back to West Oakland with my two youngest daughters. My journey to find stable housing began. I enrolled in college, put the girls in school; nevertheless we were homeless. Homelessness consumed my every thought. My focus was limited, and I was deeply concerned how people perceived me and how people treated my children.

Through an Alameda College preschool teacher, I found out about Oakland Elizabeth House. When I moved into my room I was overjoyed as tears rolled down my face. The first couple of months were challenging as I tried to free myself from the hustler lifestyle and hone in on the resources Elizabeth House had to offer. I allowed the process to work by trusting the staff and others to help coordinate my life. I was able to get myself in order mentally, emotionally and physically. I had access to helpful resources, we had healthy well-balanced meals, and I was able to gain something that could not be purchased—peace of mind. Elizabeth House gave me stability, and it did not feel like a program, it felt like home.”

Samantha Schell is the President of the Board of Directors for Oakland Elizabeth House. She can be reached at schellsamantha2012@gmail.com.

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CALL FOR NOMINEES TO EBRHA BOARD OF DIRECTORS EBRHA is looking for nominees to join our Board of Directors. Are you energetic and interested in building a stronger association that serves the needs and protects the rights of rental property owners? Do you have public affairs, marketing or outreach experience? If so, we’d like you to join our Board of Directors.

Terms are three years, and members elected this year will serve on the Board from January 1, 2017 to December 31, 2019. Elections take place at the November 19 member meeting. Go to www.ebrha.com/board-application for an EBRHA Board Application Form, due October 15. Note: your application will be posted online and sent by e-news to all EBRHA members.

APPLICATIONS ARE DUE OCTOBER 15 FOR FURTHER INFORMATION, GO TO EBRHA.COM/BOARD-APPLICATION ebrha.com

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COLUMN

esq. & a

Thank You for Not Smoking Can property owners enact non-smoking policies in a “smoking allowed” building? BY RICHARD L. BECKMAN

Q

Can I change a “smokingallowed” unit to a non-smoking unit? If so, what kind of notice do I need to give to the tenant and will changing the terms of the tenancy be considered taking away a “service?” Lastly, what should I do when other tenants complain about smoke from another tenant’s unit?

A

The short answers: Yes, you can change a “smoking-allowed” unit to a non-smoking unit provided you give the affected tenant a Notice of Change of Terms of Tenancy pursuant to Civil Code section 827, and in general, the changed term will not be considered a decreased service. The imposition of a projectwide smoking ban should eliminate complaints by other tenants regarding second-hand smoke. Failure to enforce local law which imposes a smoking ban in common areas can subject an owner to liability to an affected tenant.

California Law While rental property owners in California have likely always had the authority to prohibit smoking on their rental properties, a state law passed in 2011 made this authority explicit. This law, codified in Civil Code section 1947.5, and which went into effect January 1, 2012, provides that an owner of a residential dwelling unit (as defined in Civil Code section 1940) may prohibit the “smoking of a cigarette or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is 38 RENTAL HOUSING

| OCTOBER 2016 |

located, in accordance with this article.”

Note that the state law does not “ban” smoking in residential units—it only provides owners explicit authority to ban smoking on the premises, and that the law only applies to cigarette smoke (this may have been done to insure no smoking tenant could claim discrimination as a “protected class”).

For leases and rental agreements entered into after the law went into effect, the owner is required to include a provision in the lease or rental agreement that specifies areas of the property where smoking is prohibited. For leases and rental agreements that were entered into before the law went into effect, a prohibition against the smoking of cigarettes or other tobacco products in any portion of the property in which smoking was previously permitted will constitute a change of the terms of tenancy, requiring adequate notice provided in the manner prescribed in section 827.

rying any lighted cigar, cigarette, weed, or other combustible substance.” As noted, it only applies to multi-housing common areas. Smoking in the tenant’s unit, including changing the lease terms regarding smoking, is therefore to be regulated by the state law discussed above, as supplemented by any applicable local ordinance, such as rent control laws that define housing services to include a tenant’s right to smoke inside their rental unit. Absent such local ordinance, and assuming a month-tomonth rental agreement, a tenant can be prohibited from smoking inside their unit by a properly served Notice of Change of Terms of Tenancy.

Although efforts were made to learn whether the Oakland rent board considers smoking to be a housing service, that information could not be definitively provided by the board. If smoking is determined to be a housing service, a change in terms of tenancy relating to smoking would allow the tenant to file a petition for decreased rent for decreased services. It is not known whether this issue is decided by the rent board on a case-by-case basis (e.g. a lifetime smoker who has to leave the unit every 15 minutes to go smoke somewhere outside the unit and the complex would be more likely to receive a rent decrease than a casual smoker who only smokes occasionally).

Berkeley Ordinance Effective May 1, 2014, smoking is prohibited in all multi-housing units with two or more units (i.e. apartments, co-ops, condominiums, etc.). This also includes common areas such as private decks, balconies, and porches of units. Berkeley Oakland Ordinance property owners and tenants may contact In 2007, Oakland enacted the “Smoking the Berkeley Tobacco Prevention Program Pollution Control Ordiat (510) 981-5330 for nance” (Chapter 8.30.010 “Landlords who more information on of the Health and Safety fail to enforce a the Berkeley residential Code, Oakland Municipal local ban on outsmoking ordinance.

Code). This ordinance door common area built on existing law smoking, or whose Alameda Ordinance which prohibited smoking property is not covEffective January 1, in the enclosed comered by such an 2013, smoking is promon areas of multi-unit ordinance, may be hibited in all multi-unit complexes. The Oakland subject to liability housing in Alameda. ordinance applies not claims arising from Alameda requires that only to tobacco smoke, tenants affected owners, among many but also the “inhaling, by second hand responsibilities: clearly exhaling, burning, or carsmoke.” and conspicuously

ebrha.com

post “No Smoking” signs in common areas, at entrance, and on floors where smoking is prohibited; disclose to prospective tenants and buyers the requirements of the Secondhand Smoke Ordinance; and maintain a diagram that illustrates designated outdoor smoking areas, if applicable.

For a complete list of owner responsibilities relating to Alameda’s smoke ordinance, see https://alamedaca.gov/ residents/secondhand-smoke-policies.

Complaints from Tenants Property owners who fail to enforce a local ban on outdoor common area smoking, or whose property is not covered by such an ordinance, may be subject to liability claims arising from tenants affected by second hand smoke. See e.g. Birke v. Oakwood Worldwide (2009) 169 Cal.App.4th 1540. The Birke case was based on public nuisance, but it is not unlikely that similar claims based on habitability or nuisance would also be permitted to go forward. However, bans on outdoor smoking do not cover the common situation in which a tenant smokes on their deck or patio and that smoke enters a neighbor’s airspace.

In such cases, a lessor will need to evaluate each such complaint and try to balance the rights of the competing tenants.

If the affected tenant complains about marijuana smoke from another unit in which that tenant is using marijuana for medically-approved reasons, the above rules may not solve the problem. In such a situation, owners might consider requiring, or offering to install, an active smoking filtering machine so that there is little, if any trace, of the smoke, and requiring the medical marijuana smoking tenant to use the machine as a condition of the “reasonable accommodation” that otherwise applies to such requests.

—RICHARD L. BECKMAN

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RENTAL HOUSING 39

community calendar EVENTS & CLASSES

october

november

MONDAY, OCTOBER 3 Oakland Rent Board Roundtable An informal discussion on rent board hearings Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

WEDNESDAY, NOVEMBER 2 Oakland Rent Board Roundtable An informal discussion on rent board hearings Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

THURSDAY, OCTOBER 6 Rental Property Owners 101 (RPO 101) Presented By Jill Broadhurst, CCRM, EBRHA Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m.

THURSDAY, NOVEMBER 3 Fair Housing and Your Rental Business Presented by Angie Watson-Hajjem, ECHO Housing Members: Free; Non- Members: $69 2:00 p.m. - 3:30 p.m.

TUESDAY, OCTOBER 11 Small Property Owners Roundtable An informal discussion on management issues and solutions Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

TUESDAY, NOVEMBER 8 Small Property Owners Roundtable An informal discussion on management issues and solutions Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

TUESDAY, OCTOBER 11 Everything You Need to Know About Owners’ Insurance Presented by Jain Williams—State Farm Insurance Members: $39; Non-members: $69 2:00 p.m. - 3:30 p.m.

WEDNESDAY, NOVEMBER 9 Lunch-n-Learn: Savvy Social Security Presented by Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors Members only: $20; Lunch is provided at 11:45 a.m.

Registration deadline is Tuesday, November 8 Noon - 1:30 p.m.

THURSDAY, OCTOBER 13 Lunch-n-Learn: Financial Planning Basics Presented by Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors Members only: $20; Lunch is provided at 11:45 a.m.

Registration deadline is Wednesday, October 12 Noon - 1:30 p.m.

SATURDAY, OCTOBER 15 EBRHA Member Meeting • Overview of November Ballot — EBRHA Staff • Legal Q&A — Bill Ford, Law Offices of Bill Ford 10:00 a.m. - Noon TUESDAY, OCTOBER 18 Public Affairs Meeting Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

TUESDAY, NOVEMBER 15 Public Affairs Meeting Moderated by Jill Broadhurst, CCRM, EBRHA Free to members only, 10:00 a.m. - 11:00 a.m.

SATURDAY, NOVEMBER 19 EBRHA Member Meeting • EBRHA Board of Directors Election • Legal Q&A — Speaker TBD 10:00 a.m. - Noon THURSDAY, NOVEMBER 25 & FRIDAY, NOVEMBER 26 EBRHA Office Closed

WEDNESDAY, OCTOBER 19 How to Handle Subtenants, Assignees & Visitors Presented by Clifford Fried, Fried & Williams LLP Members: $39; Non-members: $69 6:30 p.m. - 8:00 p.m.

THURSDAY, OCTOBER 20 Lunch-n-Learn: Asset Protection Presented by Harry Barth, Barth Calderon Attorneys Members only: $20; Lunch is provided at 11:45 a.m.

Seating is limited; Advanced registration required Registration deadline is Wednesday, October 19 Noon - 1:30 p.m.

THURSDAY, OCTOBER 27 Meet & Greet w/ Elected State Assemblymember Bill Quirk Representing Southern Alameda County, all members are encouraged to come meet Assemblymember Bill Quirk and learn about the state agenda Free to members only, 1:00 p.m. - 2:00 p.m.

No Refunds on no shows; Online advanced registration required! To register and pay, visit ebrha.com/calendar or call (510) 893-9873.

Unless noted, all classes and events are held at the EBRHA Education Center, 3664 Grand Ave., Suite B in Oakland.

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Oakland RENT ADJUSTMENT PROGRAM FEE

Annual fees are $30 per unit and are due March 1. Owners are allowed to pass through $15 to tenants.

BUSINESS TAXES & REGISTRATION

Registration fee is $60 and is due March 1. Tax is based on annual gross rental income at a rate of $13.95 per $1,000 of gross rental income. Tax renewal declarations are mailed at the beginning of the year.

LANDLORD PETITION FOR EXEMPTIONS

Claims covered include new construction, substantial rehabilitation, and single-family homes or condominiums.

ANNUAL ALLOWABLE RENT INCREASE

2016-17 (2.0%) A CPI increase of 2.0% becomes effective on July 1, 2016. Tenants may only receive one increase in any 12-month period, and the rent increase cannot take effect earlier than the tenant’s anniversary date.

In addition, California law requires that for tenancies receiving greater than a 10% increase, a 60-day notice is required; if the increase is 10% or less, a 30-day notice is required.

Owners can only impose “banked” rent increases equal to three times the current annual allowable rent increase rate. See schedule at right.

PERI OD

AM O U N T ( % )

JULY 1 ‘16 - JUNE 30 ‘17 . . . . . . . . . 2.0 JULY 1 ‘15 - JUNE 30 ‘16 . . . . . . . . . 1.7 JULY 1 ‘14 - JUNE 30 ‘15 . . . . . . . . . 1.9 JULY 1 ‘13 - JUNE 30 ‘14 . . . . . . . . . 2.1 JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0 JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0 JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7 JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7 JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2 JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3 MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3 MAY 1 ‘05 - MAY 30 ‘06 . . . . . . . . . . 1.9 Visit www.ebrha.com/members to see previous adjustments.

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

2016 (1.5%) PERI OD AM O U N T

Beginning in 1998, adjustments are not allowed for the year following a tenant’s initial occupancy. To obtain the maximum amount for a specific address, please use the “Rent Ceiling Database” calculator on Berkeley’s Rent Board website.

Visit www.ebrha.com/members to see previous adjustments.

2016. . . . . . . . . . . . . . . . . . . . . . . . 1.5% 2015. . . . . . . . . . . . . . . . . . . . . . . . 2.0% 2014. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6% 2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7% 2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2% 2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6% 2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9% 2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3 (1% + $3 IF TENANCY CREATED AFTER JAN. 1999) *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.

BERKELEY RATES

FOR FURTHER INFORMATION CONTACT:

DEC. 2014. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3%

Berkeley Rent Board 2125 Milvia Street Berkeley, CA 94704 510.981.7368 | www.ci.berkeley.ca.us/rent ebrha.com

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vendor directory — CONTACTS, PRODUCTS & SERVICES Law Offices of Elaine Lee Elaine Lee 510-848-9528 www.elaineleeattorney.com

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

Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Alan J. Horwitz 510-839-2074

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

The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.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 ARCHITECTURE

Law Offices of Bill Ford Bill Ford 415-306-7840 www.billfordlaw.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 ATTORNEYS — REAL ESTATE/CORP.

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

Beckman Blair LLP Nancy Ly 415-871-0070 www.beckmanblairllp.com ASSOCIATIONS Ericksen Arbuthnot BOMA Oakland/East Bay Jason Mauck Julie Taylor, CAE 510-832-7770 510-893-8780 www.ericksenarbuthnot.com www.bomaoeb.org Oakland/Berkeley Association of Realtors Fried & Williams LLP Clifford Fried Davina Lara 510-625-0100 510-836-3000 www.friedwilliams.com oaklandberkeleyaor.com Jack Schwartz, Attorney at Law Oakland Chamber of Commerce Jack Schwartz Barbara Leslie 650-863-5823 510-874-4808 jwsjr1220@comcast.net www.oaklandchamber.com Law Offices of Bill Ford ATTORNEYS — EVICTIONS/PROPERTY Bill Ford OWNER DEFENSE 415-306-7840 Beckman Blair LLP www.billfordlaw.com Nancy Ly Law Offices of John Gutierrez 415-871-0070 John Gutierrez www.beckmanblairllp.com 510-647-0600, x2 Bornstein Law www.jgutierrezlaw.com Daniel Bornstein Miller Property Law 510-836-0110, x1007 Inga Miller www.bornsteinandbornstein.com 925-402-2192 Ericksen Arbuthnot www.millerpropertylaw.com Jason Mauck Richards Law 510-832-7770 John Richards www.ericksenarbuthnot.com 925-231-8104 Fried & Williams LLP www.richards-legal.com Clifford Fried AUTOMOTIVE 510-625-0100 www.friedwilliams.com Ken Betts Towing Services Ayub Azam Law Offices of Bill Ford 510-532-5000 Bill Ford www.kenbettscompany.com 415-306-7840 www.billfordlaw.com BANKING/LENDING Law Offices of Brent Kernan Chase Commercial Brent Kernan Josh Milnes 510-712-2900 510-891-4545 bkernan@aol.com josh.milnes@chase.com 42 RENTAL HOUSING

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Chase Commercial Ted Levenson 415-945-5430 ted.levenson@chase.com First Foundation Bank Michelle Li 510-250-8133 www.ff-inc.com Luther Burbank Savings Larry Miller 925-627-2790 www.lutherburbanksavings.com Pacific Western Bank Marc Lipsett 510-332-6964 www.pacificwesternbank.com SF Fire Credit Union Herman White, Jr. 415-674-4808 www.sffirecu.org Torrey Pines Bank Dale Marie Golden 510-899-7536 dgolden@torreypinesbank.com BATHROOM/KITCHEN REMODELING & BUILDING SUPPLIES

American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Ashby Lumber Paul Heiser 510-843-4832 www.ashbylumber.com Bathfitter Rod Mills 510-969-3905 www.bathfitter.com D.W. Hamilton Construction, Inc. D.W. Hamilton 510-919-0046 www.dwhamiltonconstruction.com Home Depot Allan Jocson 510-375-5237 www.homedepot.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Sincere Home Decor Hei Chan 510-835-9988 www.sincerehomedecor.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com CABINET DOOR RESURFACING

Northern Contours Charlene Hall 866-344-8132 www.northerncontours.com CARPET CLEANING

vendor directory Cleaner Carpets Ron Russell 510-522-1344 cleanercarpet@juno.com CONCRETE

Mauri Concrete Construction Co. Marcelo Mauri 510-541-5260 www.mauriconcrete.com CONSTRUCTION

A-One Construction Eva Morrissey 510-347-5400 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com City Construction Janet Aranda 800-799-0234 www.cityconstruction.us D.W. Hamilton Construction, Inc. D.W. Hamilton 510-919-0046 www.dwhamiltonconstruction.com Going Green Dan Antonioli 510-652-7593 www.going-green.co KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Schafer Construction, Inc. Mike Barker 510-568-7200 www.schaferconstructioninc.com SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com W. Charles Perry & Associates W. Charles Perry 650-638-9546 www.wcharlesperry.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com CONTRACTORS/RESTORATION

ARC Water Damage Nina Lauffer 510-223-1279 or 877-437-9225 (toll free) www.bayareafloodrepair.com Har-Bro Restoration Inc. Sonia Fuetsch 650-670-2364 www.harbro.com P.W. Stephens Environmental Jackie Mezeul 510-651-9506 www.pwsei.com Servpro of Lafayette/Moraga/Orinda Jenny Villena 925-299-1323 servpro9542@sbcglobal.net Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net DOORS & GATES

R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com

SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com

HEATING & AIR CONDITIONING

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com San Francisco Heating and Cooling Pablo Richards 415-286-2540 sfheatingandcooling@yahoo.com

ELECTRIC VEHICLE CHARGING

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

HOME WARRANTIES

Thomas Electric Co. (TEC) Thomas Hurtubise 510-814-9387 www.tecelectric.net

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

ELEVATOR REPAIRS

HOUSING SERVICES

Paramount Elevator Corp.

Mark Pipoly 510-835-0770 www.paramountelevator.com

Hamilton Family Center – First Avenues Mayo Lunt 510-763-8540 www.hamiltonfamilycenter.org

FINANCIAL PLANNING

HUMAN RESOURCES MANAGEMENT

David White & Associates Miguel Delgado 925-277-2635 www.dwassociates.com Enhance Wealth Advisors Terry Allen, CFP®, AWMA SM 925-932-8609 info@enhancewa.com

Avitus Group Lance Harris 925-827-0680 www.avitusgroup.com INDOOR AIR QUALITY/ MOLD & ODOR REMOVAL

Green Home Solutions Alameda (East Bay) Howard Oliver 510-666-6711 www.ghsnorcal.com

FIRE PROTECTION

Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com

INSPECTIONS

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

FLOOR COVERINGS

Bay Area Contract Carpets, Inc. Ken Scott 510-613-0300 www.bayareacontractcarpets.com

INSURANCE

GOVERNMENT AGENCIES

Housing Authority of the City of Alameda Mike Pucci 510-747-4325 www.alamedahsg.org Oakland Housing Authority Leased Housing 510-874-1500 www.oakha.org HANDYMAN SERVICES

APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Halcyon Properties Roger Shane 510-847-7075 rbshane@aol.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey 510-727-9128 cpmbailey@sbcglobal.net HAULING SERVICES

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

Bulloch Insurance Brokers, Inc. Curt Bulloch 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com Gordon Insurance Pamela Hutchins 877-877-7755 www.gordoninsurance.com The Greenspan Co./Adjusters Int’l.

Rich Hallock 866-331-4790 www.greenspan-ai.com Jain L. Williams - State Farm Insurance Jain L. Williams 510-530-3222 www.jainwilliams.com Kelly Lux – State Farm Insurance Kelly Lux 510-521-1222 Kelly.lux.gjcg@statefarm.com Ruth Stroup Insurance Agency Ruth Stroup 510-874-5700 www.stroupinsurance.com Stone Creek Insurance Agency Tom Lynch 925-297-4202 www.stonecreekinsurance.com Yonas Hagos - Farmers Insurance Yonas Hagos 510-763-1030 www.farmersagent.com/yhagos INTERCOMS & ACCESS CONTROLS

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vendor directory R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com

PLUMBING/WATER HEATERS

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Fast Water Heater Company Michael Kirk 866-465-7442 www.fastwaterheater.com L. J. Kruse Co. Janell Yates 510-644-0260 www.ljkruse.com Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com Water Heaters Only, Inc. Yana Carpenter 800-835-5946 www.waterheatersonly.com

INVESTMENT OPPORTUNITIES

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

CSC ServiceWorks Stacy Weaver 800-954-9000 Ext. 54313 www.cscsw.com Excalibur Laundries Richard Lisowski 510-872-1664 www.excaliburlaundries.com Innovative Coin Cheri Guffey 510-259-1494 www.innovativelaundry.com

PROPERTY MAINTENANCE

LEAD, MOLD & PEST MANAGEMENT

Alameda County Healthy Homes Dept.

Larry Brooks 510-567-8282 or larry.brooks@acgov.org www.aclppp.org LIGHTING

Eco Electric James Young 415-384-8526 www.ecopwr.net LITIGATION SUPPORT SERVICES

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

PROPERTY MAINTENANCE SOFTWARE

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

LOCKSMITH EVICTION SERVICES

Golden Gate Locksmith Co Ralph Scott 510-654-2677 kgglocksmith@yahoo.com

PROPERTY MAINTENANCE SUPPLIES

Ferguson Enterprises, Inc. Jermane Griffin 916-752-7608 jermane.griffin@ferguson.com

MARKET RESEARCH

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

PROPERTY MANAGEMENT

PAINT

BEHR Paint Nick Mounts 415-416-0994 www.behr.com The Sherwin-Williams Co. Sean Callahan 925-932-3363 x134 www.sherwin-williams.com PEST & VECTOR CONTROL

Alameda Co. Vector Control Services Daniel Wilson 510-567-6826 daniel.wilson@acgov.org California American Exterminator Tami Stuparich 831-338-4800 www.calamericanext.com Terminix Robert Sater 510-489-8689 www.terminix.com Times Up Termite Mike Barker 510-568-7200 www.timesuptermite.com 44 RENTAL HOUSING

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A-One Construction Eva Morrissey 510-347-5400 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com

Advent Properties, Inc. Benjamin Scott 510-289-1184 www.adventpropertiesinc.com Bay Property Group Daniel Bornstein 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner 510-428-1864 www.beaconprop.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com

ERI Property Management Terrence Sims 510-883-7070 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 Mynd Stacy Winship 408-761-2424 www.mynd.co OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com Seville Real Estate and Management Maya Clark 510-610-7699 www.homesbyseville.com Shaw Properties Judy Shaw 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com Vision Property Management Michael Margado 510-926-4104 www.visionproperty.management Wellington Property Company Jillian Loh 510-338-0588 www.wellingtonpropertyco.com Woodminster Property Management Nicholas Drobocky 510-336-0202 www.woodminstermanagement.com PROPERTY MANAGEMENT SOFTWARE

NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com On-Site Janis Rossi 408-795-4167 www.on-site.com REAL ESTATE BROKERS & AGENTS

Advent Properties, Inc. Benjamin Scott 510-289-1184 www.adventpropertiesinc.com

Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com

ARA Pacific Mike Colhoun 415-273-2177 www.arausa.com

Crane Management Kit Crane 510-918-2306 www.cranemanagment.net

Better Homes Realty Rene Mendieta 510-388-4092 rmendieta@att.net

The Enterprise Company William McLetchie 510-444-0876

ebrha.com

Caldecott Properties Andy Read 510-594-2400 www.caldecott.com

vendor directory CBRE Keith Manson 510-874-1919 www.cbre.com Coldwell Banker – 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 Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap Eli Davidson 510-379-1280 eli.davidson@marcusmillichap.com Marcus & Millichap David Wolfe 510-379-1200 www.marcusmillichap.com NAI Northern California Grant Chappell 510-336-4721 www.naikilpatrick.com The Pinza Group Steven Pinza 510-725-4775 www.pinzagroup.com Property Counselors Link Corkery, Inc. Link Corkery 510-886-1212 www.pclclink.com Red Oak Realty Vanessa Bergmark 510-292-2000 vanessa@redoakrealty.com Seville Real Estate and Management Maya Clark 510-610-7699 www.homesbyseville.com Six Degrees Realty Stephanie Christmas 510-461-4663 www.stephaniechristmas.com Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com RECYCLING/REUSE

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

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

TENANT SCREENING SERVICE

Contemporary Information Corp. (CIC) Dan Firestone 888-232-3822 www.continfo.com

RENTAL SERVICES

Hamilton Properties Bay Area Delesha Hamilton 404-606-2141 www.hamiltonpropertiesbayarea.com Caldecott Properties Julie Keys 510-225-9244 www.caldecott.com

TOWING SERVICE

Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com PPI Towing Stephanie Gipson 510-533-9600 www.ppitowing.net

ROOFERS

A-One Construction Eva Morrissey 510-347-5400 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

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

SECURITY/SURVEILLANCE

ADT Security Systems Bobby Augusto 925-222-8034 www.adt.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com

UTILITY MANAGEMENT

NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com VETERANS SERVICE ORGANIZATION

SEISMIC CONSTRUCTION

Adobe Soil & Structures Mark Almeida 510-919-1880 www.adobesoils.com B.A.S.S. Seismic Retrofit D.W. Hamilton 510-919-0046 www.bassseismicretrofit.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com SEISMIC ENGINEERING

Earthquake & Structures, Inc. B.K. Paul 510-601-1065 www.esiengineers.com W. Charles Perry & Associates W. Charles Perry 650-638-9546 www.wcharlesperry.com SOLAR ENERGY

Eco Electric James Young 415-384-8526 www.ecopwr.net SUBMETERING

NWP Services Corporation Kyle Gambrell 949-253-3262 www.nwp.com

Swords to Plowshares Norman Thomas 510-844-7500 www.swords-to-plowshares.org WASTE & COMPOST COLLECTION

Bay Area Bin Support Nancy Fiame 888-920-BINS www.bayareabinsupport.com Bay Area Waste Services Peter Gella 510-788-0462 www.bawaste.com Waste Management Company Karen Stern 510-430-8509 www.wastemanagement.com WATER MANAGEMENT

HydroPoint Data Systems Dominique Perry 707-285-3233 www.hydropoint.com WINDOWS

SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com ebrha.com

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OCTOBER 2016

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RENTAL HOUSING 45

ad index

PRODUCTS & SERVICES APPLIANCE PARTS & SALES

Appliance Parts Distributor. . . . . . . . . . . . . . 5

Local Knowledge, Local Advocacy, Local Support When You Need It

ATTORNEYS

Bornstein & Bornstein. . . . . . . . . . . . . . . . . . 29 The Evictors. . . . . . . . . . . . . . . . . . . . . . . . . . 39 Fried & Williams LLP. . . . . . . . . . . . . . . . . . . 21 BATHTUB & SHOWER ENCLOSURES

American Bath. . . . . . . . . . . . . . . . . . . . . . . . 13 BUILDING MATERIALS/HARDWARE

Urban Ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

EAST BAY RENTAL HOUSING ASSOCIATION (EBRHA) is a nonprofit trade organization representing owners and managers of apartments, condominiums, duplexes, single-family homes and other types of rental housing. EBRHA members range in size from small investors with just one property to large property management companies that own or manage hundreds of units.

Our membership consists of more than 1,400 rental housing owners, property managers, attorneys and other service contractors. Altogether, EBRHA represents over 20,000 rental units, and serves over 25 cities throughout Alameda and Contra Costa counties.

CARPETING & FLOORING

Bay Area Contract Carpets, Inc.. . . . . . . . . 31 CONSTRUCTION

West Coast Premier Construction. . . . . . . 39 ENGINEERS

Earthquake and Structures, Inc.. . . . . . . . . 29 West Coast Premier Construction. . . . . . . 39 INSURANCE COMPANIES

Jain Williams—State Farm. . . . . . . . . . . . . . 33 LAUNDRY

Innovative Coin . . . . . . . . . . . . . . . . . . . . . . . 31 Wash Multifamily. . . . . . . . . . . . . . . . . . . . . . 29 LENDERS

JPMorgan Chase Bank. . . . . . . . . . . . . . . . . 15

n Property management advice by phone or in person n Tenant screening service (application/report fees apply) n Annually updated legal forms, including forms online 24/7 n Monthly workshops on new laws, rental agreements, security deposits, legal notices, fair housing, rent control, and more n Vendor directory of local businesses that offer exclusive member discounts n Annual trade expo and networking mixers n Monthly educational membership meetings n Community outreach and education n Local and state lobbying n An active and growing Legal Action Fund and Political Action Committee n Subscription to Rental Housing and units n Membership with the National Apartment Association and CalRHA

3664 Grand Avenue • Suite B Oakland, CA 94610

PLUMBING

Albert Nahman Plumbing . . . . . . . . . . . . . . 31 PROPERTY MANAGEMENT

Maisel Property Management. . . . . . . . . . . 37 PROPERTY MANAGEMENT & SALES

Bay Property Group . . . . . . . . . . . . . . . . . . . 29 Beacon Properties. . . . . . . . . . . . . . . . . . . . . 35 REAL ESTATE BROKERS

Coldwell Banker—John Caronna. . . . . . . . . . 7 RECYCLING

Oakland Recycles . . . . . . . . . . . . . . . . . . . . . 47 RENT BOARD CONSULTANTS

Liz Hart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 ROOFING SERVICES

Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 31 General Roofing Co. . . . . . . . . . . . . . . . . . . . 25 WATERPROOFING

Applied Waterproofing Systems . . . . . . . . 31 WASTE, RECYCLING & COMPOST COLLECTION

Bay Area Bin Support. . . . . . . . . . . . . . . . . . . 9 WINDOWS, DOORS & SIDING

JOIN TODAY! CALL 510-893-9873 OR GO TO WWW.EBRHA.COM/JOIN 46 RENTAL HOUSING

| OCTOBER 2016 |

ebrha.com

SGK Solutions.. . . . . . . . . . . . . . . . . . . . . . . . . 11 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.

FREE INDOOR FOOD SCRAP BINS

Composting is mandatory for most multi-family properties in Alameda County.* To make separating food scraps, food-soiled paper, and plant debris easier, the Alameda County Waste Management Authority is offering free indoor green containers and lids to multi-family properties with 5+ units, up to $500 per approved site.

APPLY ONLINE NOW

www.RecyclingRulesAC.org/containers Kitchen pails for residents are available free of charge in most cities. Contact your service provider to request pails for in-unit use and utilize the $500 allocation as needed for common areas.

Oakland Properties: request kitchen pails, recycling caddies, and other tools at: www.EBRHA.com/zero-waste.

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www.RecyclingRulesAC.org

| (510) 891-6575

* Alameda, Albany, Berkeley, Castro Valley, Emeryville, Hayward, Livermore, Oakland, Piedmont, San Leandro

THE BAY AREA EXPO FOR RESIDENTIAL RENTAL PROPERTY OWNERS & MANAGERS

Presented by

10TH ANNUAL

Trade Expo & Symposium WEDNESDAY, SEPTEMBER 28, 2016

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

Greek Orthodox Church, 4700 Lincoln Ave., Oakland

Pre-registered EBRHA Members & Up to 2 Pre-registered Guests: Free Pre-registered Non-Members: $20 (fee can be applied to new membership)

RECEP T ION

HOUSING IS THE HOT TOPIC NATIONWIDE, making front page news daily. Locally, drastic changes to rent laws have taken place and more are on the way. Rental property owners rely on EBRHA to keep up to date and in compliance, and this event is where they gather to: • Learn how to protect investment property rights • Network with rental housing experts • Meet top local vendors to assist with maintenance, management, legal and financial services P L AT I N U M S P O N S O R S V E N D O R FA I R • E D U C AT I O N • C O M P L I M E N TA R Y F O O D & D R I N K • F R E E P A R K I N G

WORKSHOPS INCLUDE • 4:00 - 5:00 PM — DON’T LOSE YOUR PROPERTY RIGHTS TO GOVERNMENT OVERREACH!

Presented by Jill Broadhurst, Wayne Rowland & Ron Kingston

GOLD SPONSORS

• 5:30 - 6:30 PM —LEGAL Q&A WITH A PROPERTY MANAGEMENT PERSPECTIVE

Moderated by Luke Blacklidge; Presented by Daniel Bornstein, Lisa Fowler, Clifford Fried & Mimi Johnson-Jacobs

Luke Blacklidge

Lisa Fowler

Daniel Bornstein

Mimi Johnson-Jacobs

Steven C. Williams

Ron Kingston

Vice President, EBRHA Broker, Litton Fuller Group

SPEAKERS Wayne Rowland President EBRHA & CalRHA

Jill Broadhurst Executive Director EBRHA

Attorney/Founder Bay Property Group

Attorney Fried & Williams LLP

Senior Property Manager Gallagher & Lindsey

Owner Black Oak Properties

EBRHA State Lobbyist President, CPCG

PA R T N E R S

To exhibit, contact Tina Bocheff at 510-318-8303 or tbocheff@ebrha.com

PRE-REGISTER TODAY AT WWW.EBRHA.COM/EXPO OR 510-893-9873