Rental
Housing EAST BAY RENTAL HOUSING ASSOCIATION | AUGUST 2015
Stored Away
How to properly assist hoarding tenants to provide safe housing
PLUS: THE LATEST SECURITY AND SAFETY TECHNOLOGY TO PROTECT YOUR PROPERTIES REPRESENTING YOURSELF AT THE OAKLAND RENT BOARD: THE HEARING
Contents
East Bay Rental Housing Association
AUGUST 2015
Volume XII, Number 8 August 2015 EBRHA OFFICE
Features & Columns
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 EDUCATION & MEMBER MANAGER
Tori Blanca | tblanca@ebrha.com
10
16
The Eagle Eye
Representing Yourself at the Rent Board: The Hearing
BY AMY ROITHER
MEMBERSHIP ASSISTANT
Monica Wong | mwong@ebrha.com EBRHA OFFICERS PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge VICE PRESIDENT Jack Schwartz TREASURER Abbe Sultan SECRETARY Fred Morse MEMBER Rick Philips EBRHA DIRECTORS
Mark Almeida, Symon Chang, Reggie Hairston, Carmen Madden, Conor Murphy, Michael Pallas, Rick Philips, Sarah Picker, Judy Shaw
BY LIZ HART & CLIFFORD FRIED
26
PUBLISHED BY
East Bay Rental Housing Association PUBLISHER
Wayne C. Rowland
Stored Away
MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff
BY CLIFFORD FRIED
ADVERTISING
Tina Bocheff | 510.318.8303
Features & Columns 6
NEWS
Oakland’s New Zero Waste Contract 8
ESQ&A
BY CLIFFORD FRIED
A Landlord’s Duty
HEALTH & SAFETY
Safety Tips for Property Owners and Managers BY OLIVIA GALVEZ
30 GOVERNMENT AFFAIRS No Clear Guidance with Supreme Court’s Disparate Impact Decision
32
BY GREG BROWN
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Events & Directory 34 GREEN SHEET 36 COMMUNITY CALENDAR 38 M EMBER DIRECTORY 42 M EMBERSHIP APPLICATION 42 A D INDEX
Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 3664 Grand Ave., Suite B, Oakland, CA 94610. Rental Housing is published monthly for $36 per year by the East Bay Rental Housing Association (EBRHA), 360 22nd Street, Suite 240, Oakland, CA 94612. Rental Housing is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in Rental Housing are those of the author and do not necessarily reflect the viewpoint of EBRHA or Rental Housing. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered. Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright © 2015 by EBRHA. All rights reserved.
COVER PHOTO: KEVIN UTTING, WWW.FLICKR.COM/PHOTOS/TALLKEV
ART DIRECTOR & COPY EDITOR Esteban Cortez
New Curbside Bulky Pickup for Oakland Apartments & Condos! Schedule Curbside or Bin Collection at Your Convenience Mattress set left by the last move out? Utility closest overflowing? Microwave kaput? No worries. As part of the City of Oakland’s new Zero Waste services, multifamily buildings are entitled to 1.5 cubic yards per unit* of bulky material collection annually (January 1 – December 31).
Eligible items per set-out include: • 1 large appliance
• 2 carpets (rolled)
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• Computers, consumer electronics, scrap metal, cardboard, unpainted wood and plant debris – bundled, boxed or bagged.
• 2 tires • 2 mattresses
No Hazardous Waste, Bagged Items over 75 Pounds or Rocks, Dirt or Concrete.
You may also order a free roll off box for a building-wide cleanup event (special set-out requirements apply to the eligible items listed above). You can customize this service to your needs. This is another way Oakland Recycles is helping to create a greener, cleaner Oakland.
Call Waste Management today at (510) 613-8710 to schedule your bulky collection. *For instance, a 10-unit building receives 15 cubic yards of bulky materials collection a year. For your convenience, the allocation and usage are tracked on your monthly bill.
contributors
ONLINE LIZ HART Liz Hart has provided expertise to property owners for over 20 years. She offers consulting services on rent control and property management matters to San Francisco, Oakland and Berkeley property owners as well as being a consultant for the law firm of Fried & Williams LLP. She is a passionate advocate for property owners in rent controlled communities and is always eager to discuss unique issues they face.
TENANT SCREENING
To Schedule an Appointment, Call (510) 893-9873
Amy Roither-Quintero is the V P of Operations for Detect All Security & Fire, an Alamedabased company providing security, fire, video and access control services throughout the Bay Area. She is the V ice President of the California Alarm Association’s East Bay division a nd is a member of the Oakland Chamber’s Public Policy Council. Amy and Detect All partner with a number of property management, HOA and civic organizations to assist in making communities more secure.
EBRHA provides members with low-cost online resident screening. Partnered with Contemporary Information Corp. (CIC), resident screening has one objective: to make sure your leasing decisions make the greatest possible contribution to your bottom line. As of 2015, rental property owners can collect a maximum of $45.99 for an application fee.
CLIFFORD FRIED
MEMBER PRICING
Clifford Fried is a real estate attorney with expertise in landlord-tenant law, eviction and rent control matters in Oakland and the Bay Area. He and his law firm represent residential landlords only and are one of the largest such firm in Northern California. He has processed nearly 10,000 evictions in his career and has authored several books on evictions and hundreds of published articles on rental property ownership.
Basic Report* . . . . . . . . . . . $15
AMY ROITHER-QUINTERO
OLIVIA GALVEZ Olivia Galvez is the Director of Publications for the San Diego County Apartment Association. She has been with the SDCAA for more than 15 years, and in her tenure, she has worked with rental property owners and managers. She oversees RentalOwner® Magazine, which has a primary focus of delivering timely and relevant articles, as well as providing operational advice.
Bad Check Search. . . . . . . . $10 Social Security Search. . . . . $7 Criminal . . . . . . . . . . . . . . . . $10 Criminal (County) . . . . . . . . $10 Verbal and Fax Reports . . . . . . . Add $20
*Includes TransUnion credit report, FICO score and eviction history
East Bay Rental Housing Association TEL
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ebrha.com
510.893.9873 | FAX 510.893.2906 www.ebrha.com
925-344-5755 877-264-6964
(Call Now For a Free Estimate)
COLUMN
news
Oakland’s New Zero Waste Contract: New 20-Gallon Minimum, Plus Free Curbside Bulky Collection are you getting the most out of your new Oakland Recycles zero waste services? Here are a few tips to help you maximize the new services available to buildings with five or more units.
AS A MULTIFAMILY PROPERTY MANAGER,
20-GALLON MINIMUM TRASH SERVICE*:
Prior to July 1, you were required to provide a minimum of 32 gallons of trash collection per unit. With the introduction of compost carts for food scraps and other compostables, this minimum trash service requirement was reduced to 20-gallons. Adjusting your service level can help control your bills. For example, let’s consider a five-unit building. Under the old rates, service for five 32-gallon trash carts with unlimited recycling was $118.55 a month. A separate charge for compost collection was $34.68 a month for a 64-gallon cart. The total cost for all three services was $153.23. Under the new Zero Waste program, a five unit building can subscribe to five 20gallon trash carts for $108.90 or one 96-gallon trash cart
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ebrha.com
for $105.38 a month with unlimited compost collection. Recycling is billed at $9.20 per unit per month, bringing the total collection cost to $151.38 (with the 96- gallon cart). In this example, it actually costs $1.85 less to have trash, compost and recycling service under the Zero Waste contract. To calculate your minimum trash service level and rates, visit EBRHA.com/zerowaste. There you can review a chart outlining Sample Minimum Trash Container Combinations and Charges for Once a Week Service. Note: This 20-gallon minimum also applies to buildings with one to four units. You may choose to share a cart among multiple units or subscribe to individual 20-gallon containers. To learn more, contact Waste Management of Alameda County at 510-613-8710. Is Your Building Ready for 20-Gallon/Unit Trash Service? When reviewing your container options and rates under the 20-gallon minimum, consider the practices of your residents. Are they overfilling the current trash containers? Do they place trash in the recycling cart? Is there a lack of interest in composting? If you answered yes to any of these questions, reducing to the minimum trash service might not be appropriate—just yet. Request Free Site Visit to Evaluate Service Levels and Educate Tenants: Oakland Recycles provides free onsite visits with trained recycling ambassadors to help determine what size service containers best fit your needs. They can facilitate service changes with Waste Management and California Waste Solutions as well as install signage to instruct residents what goes in each container. You can also request free kitchen pails and recycle caddies along with door-to-door outreach or group presentations for residents. You can request a site visit and order free materials at EBRHA.com. Free Curbside Bulky Collection: Every building receives an annual allotment of 1.5 cubic yards of free curbside collection of bulky materials per unit. You may use this allotment in whatever way works best for managing your tenants’ needs – individual set-outs for a unit at a time, a large roll off box to clean out a whole building, or anything in between. A single unit set out may include: one large appliance, two monitors, two
tires, two mattresses, two carpets as well as 1.5 cubic yards of computers, consumer electronics, scrap metal, cardboard, unpainted wood and plant debris— bundled, boxed or bagged. Call 510-6138710 to schedule your bulky pickups or get more information. Oakland Recycles is here to help you and your residents recycle right for a cleaner, greener Oakland. Visit OaklandRecycles.com to learn more about Oakland’s Zero Waste services and goals.
The nation’s #1 multifamily lender is lending in your backyard.
New Advocacy Service Exclusively for Members: EBRHA on Your Side Have you experienced a situation or ruling that you feel infringed on due process as a property owner? Have Rent Board rulings or outcomes pertaining to your case seemed unethical? Were local ordinances and policies ignored? We constantly hear about outcomes that are just plain wrong. We need to collect member experiences in order to make changes to an already broken and biased system. To access EBRHA’s new advocacy service, visit www.ebrha.com, log in to your member account, click “EBRHA on Your Side” in the member menu and fill out the form. EBRHA may follow up with you to discuss next steps and acquire any supporting documents.
Registration Now Open for EBRHA’s 9th Annual Trade Expo on October 1
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EBRHA’s 9th Annual Trade Expo
will be held on Thursday, October 1 from 3:00 p.m. to 7:00 p.m. at the Greek Orthodox Church in Oakland. This year’s event will feature top local vendors, complimentary food and drink, and timely educational workshops. Ron Kingston, of California Political Consulting Group and EBRHA’s state lobbyist, will present “New Laws for 2016.” In addition, the Expo will feature presentations from top rental housing attorneys and real estate investors. Registration is now open, and attendance is free to members and their guests, and only $20 for non-members. To register or exhibit, go to www.ebrha.com/expo. RH
If you have an apartment building with 5 or more units to purchase or refinance, call us today to learn how we can put our resources to work for you. Low Fe es | G reaT raTes | sTr eamLI ned Process
Contact Josh Milnes, Client Manager at (510) 891-4545 or josh.milnes@chase.com Credit is subject to approval. Rates and programs are subject to change; certain restrictions apply. Products and services provided by JPMorgan Chase Bank, N.A.#1 claim based on 2013 FDIC data. © 2014 JPMorgan Chase & Co. Member FDIC. All rights reserved. PA_14_264
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health & safety
Safety Tips for Property Owners and Managers The importance of enacting safety plans to help ensure successful showings on your rental properties. BY OLIVIA GALVEZ
P
roperty management is generally considered a safe occupation, but the recent assault of a property manager in Humble, Texas has shown that property managers and owners are susceptible to crime as well. Rental property owners and managers often go out of their way to show a rental property after hours to accommodate prospective residents. This recent crime is a good reminder of precautions property owners and managers can take to ensure their safety. Create a Safety Policy It is important for property owners and managers to create a safety management policy for their properties. This policy should include safety basics, as well as measures that will help prevent potential incidents and injuries to staff and 8 RENTAL HOUSING
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residents. Below are suggestions of safety measures to consider adding to your safety policy that can help lessen the risk of a potential crime on your property. Showing Units After Hours When scheduling appointments with prospective residents, avoid scheduling appointments after dark if possible. If you have to show a property after hours, ask a colleague to assist you. If this is not an option, let someone know where you will be, and who you are showing the property to. Let your prospective resident know that you will need to take calls during the showing, especially if it is after hours or dark. You should also carry a cell phone at all times. The cell phone should have on speed dial contact information for the
ebrha.com
authorities, and owners and/or property management company to call after hours in case it’s needed. It is good practice to use email to alert the management company’s main office or owners—or even email yourself—what time you are visiting empty units, who is going with you and how long you will be showing the unit. If possible, avoid staying alone in an office after hours. If you do have to stay at the leasing office after hours, lock the door. If you have a person in the office after hours, keep the door open. When showing a unit after hours, make sure all common areas, walkways and parking lots are well lit. And most importantly, always be aware of your surroundings. Other Best Practices Don’t keep cash in the office. If possible, ask for all rent, security deposits and fees to be paid by check or credit card. Even though it may be common industry practice to keep a driver’s license while showing an apartment, if the prospective resident has not filled out an application before, have them complete the application prior to showing the unit. If you are showing the unit after hours, require the prospective residents to provide more than one form of identification. Credit cards work as a source of identification, but be sure to verify that the name matches the name on the license. If the property has a security company, let them know that you will be showing a home and have them be there if possible. Providing a Safe Environment Property managers and owners should have an emergency plan established, and all members of your team should be familiar with it. By following some of these important safety tips, property managers and owners can provide a safer environment for their team and residents. Have a safe and successful showing! RH Article First appeared in the February 2014 Issue of RentalOwner magazine®, the publication of the San Diego County Apartment Association. Olivia Galvez is the Director of Publications for the San Diego County Apartment Association. She can be reached at ogalvez@sdcaa.com or 858-751-2217.
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FEATURE
10 RENTAL HOUSING | AUGUST 2015 | ebrha.com PHOTO: JOEL BOMBARDIER, WWW.FLICKR.COM/PHOTOS/BOMBARDIER
Representing Yourself at the Rent Board:
The Hearing
The second in a series of three articles covering how a rental property owner can handle their own case with the Oakland Rent Adjustment Program. BY LIZ HART & CLIFFORD FRIED In a previous article, we explained the Oakland Rent Adjustment Program (RAP) petition and the response procedures. This second of three articles focuses on preparing for the hearing, what happens at the hearing, and how to present yourself at that hearing. All landlords are free to hire a representative to assist them at the RAP hearing. This representative can be an attorney or anyone else. If you do hire a representative, notify the RAP in advance on the appropriate form available at the RAP office. Many of the issues raised in RAP petitions are relatively simple and many landlords are capable of representing themselves.
Notice of Hearing
The hearing process begins with a Notice of Hearing that the RAP will mail to the Owner who is named in the petition. This Notice will tell you the date, time and place of the hearing. Put this information in your calendar and don’t forget to show up. If you don’t show up, you have almost no hope of winning the petition! The Notice of Hearing orders the parties to produce all proposed tangible evidence, including but not limited to documents and pictures, to the RAP not less than seven days prior to the hearing date. Any attempt to present evidence after this deadline will most likely be denied. Do not miss this seven day deadline! There is a RAP goal of having hearings held within sixty days of the petition’s filing date. Currently, the RAP is not meeting this goal. Tenant petitions are being set for hearing between two and four months after they have been served and landlord petitions are taking even longer to be heard.
Postponements
The Notice of Hearing will advise the parties that they may request a postponement of the hearing date. The request will only be granted for good cause and only if it is in the interests of justice. Good cause includes: a verified illness of a party, material witness or a representative; verified travel plans scheduled before the receipt of the Notice of Hearing; or, any other reason that makes it impractical to appear due to unforeseen circumstances or prearranged plans that cannot be changed. A request for postponement must be made at the earliest possible time after receiving the Notice of Hearing and must be made on a form provided by the RAP. Unless a party can show extraordinary circumstance, the RAP will only grant a single postponement. However, the parties may mutually agree to a postponement at any time. The RAP should be notified of such agreement in writing as soon as possible. Landlords are advised to attempt such an agreement before unilaterally requesting a postponement. If the party filing the petition fails to appear at the hearing, the case could be dismissed. If the tenant fails to show up for a hearing on his or her petition, the landlord should request a dismissal of the petition. If the party responding to a petition fails to appear, the RAP may rule against that party or proceed to a hearing on the evidence.
Record of Proceedings
The Ordinance mandates that the hearing being recorded RAP records the hearing on tape or with other mechanical means. The purpose of the recording is to create an official record of the hearing which can be used by the landlord or ebrha.com
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UPCOMING EVENTS
EBRHA Office Closed D ATE & TIME MONDAY, SEPTEMBER 7
Member Meeting D ATE & TIME SATURDAY, SEPTEMBER 19; 10:00 A.M. - NOON SPEAKER • Free Legal Q&A— Brent Kernan, Law Offices of Brent Kernan • Financial Planning for the Future— Miguel Delgado, David White and Associates • Latest Technologies in Security and Fire Protection— Amy Roither, Detect All Security & Fire
DETAILS Members only; Metered street parking available
Lunch-n-Learn DATE/TIME SPEAKER PRICE TOPICS
THURSDAY, SEPTEMBER 24; NOON - 1:30 P.M. Abbe Sultan, Stone Creek Insurance Agency $20 for Members; $20 for Member ’s Guest Umbrella Policies, Personal Injury, Business Income,
Loss of Rent and more
DETAILS
Our Lunch-n-Learns provide property owners with the
opportunity to network and learn about relevant topics in
rental housing from industry experts. Lunch is provided, and
EBRHA members and their guests are encouraged to attend.
Online Registration at ebrha.com Sign up, pay registration fees and receive reminders online.
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NEW ADDRESS! All workshops are held at our new office: EBRHA Education Center 3664 Grand Ave., Ste B Oakland
the tenant in the event of an appeal. Such records may also be useful to landlords in future petitions or court proceedings because the records contain the testimony of tenants and their witnesses under penalty of perjury Assuming that the tape recorder is working properly, either party may order a duplicate or transcript of the recording for a fee. Frequently, the RAP’s recording device fails to record the entire hearing or voices are too faint to hear. For this reason, landlords might want to bring a court reporter to create a proper record of the proceedings at their own expense. Having a court reporter is recommended if there is a lot of money at issue or if an appeal is likely.
Preparing for the Hearing
Gather all of your evidence and mark each page with a number so that you can refer to your evidence by page number. Make at least four copies and deliver one of the copies to the RAP no less than seven days before the hearing. Be careful about holidays and weekends when the RAP is closed and papers cannot be filed there. Your evidence may include rent increase notices, proofs of service, invoices and receipts for repairs, contracts for repairs and improvements and cancelled checks for work done. Photographs of the premises are sometimes helpful. A copy of the rental agreement and any written communications with your tenant about the dispute should be part of your evidence. Notify your witnesses of the hearing date, time and place as soon as you receive the Notice of Hearing. And then confirm their attendance by calling them about a week before the hearing. Use this call as an opportunity to go over their expected testimony at the hearing. Review any documents that they might be familiar with or if they will be testifying as to matters contained in those documents.
Mediation
If you and your tenant have opted to try to mediate the issue, it’s important to recognize that the entire process is voluntary–you and the tenant are going to have to work to come to some agreement
every step of the way, throughout the entire process. If, at any point, you or the tenant feel that you cannot agree, the mediation process comes to a close and it becomes a RAP issue to be decided at the hearing so remember: the name of the game here is compromise. Before the mediation can happen, you and the tenant will need to make some choices. All mediations have an objective third party who will try to help broker the agreement between you and the tenant. You and the tenant will need to decide if that person should be someone from an outside mediation service or someone on staff at the RAP. While the mediation services offered at the RAP are available for no charge, the mediator would be a Hearing Officer at the RAP and while they may have some training in mediation, it’s not their profession. Mediation is actually a skill (some would say an art) and not everyone is suited to be a mediator. An outside mediation service will ensure that the mediator assigned to your issue has sufficient training and experience to be an asset to the process. Another reality to consider is that a Hearing Officer may have an agenda and therefore not be truly impartial. An outside mediator will have no horse in this race. The RAP will have a list of outside mediation services but you are not required to use any of those service providers. There are a number of mediation services here in the Bay Area, but perhaps the best known is SEEDS Community Resolution Center in Berkeley. They also have a sliding scale for fees. Once you and the tenant have selected a mediation service, you will need to notify the RAP of the scheduled date and location for the mediation. Obviously, if you have opted for the RAP mediator, the RAP program will select the date for the mediation. Be warned: if you have selected the RAP as the mediation provider and then need to postpone the mediation after the date has been set, the RAP will require verified good cause. Per the Rules and Regulations, verified good cause would be a documented illness, travel plans that were set up prior to the mediation date or some other type of verifiable unforeseen circumstances or pre-arranged plans. Inconvenience is
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manner and timing for examining witnesses. The RAP Regulations say that the rules of evidence applicable to administrative hearings in the Administrative Procedures Act will apply to RAP hearings. But in practice, neither the parties, their representatives, nor the Hearing Officers are aware of or follow these rules of evidence. Suffice it to say that the rules of evidence are almost non-existent and the HO will consider just about any testimony or document in reaching a Decision. Sometimes not all documentation was presented at the hearing that should have been presented. If you forgot to submit some document before or at the hearing, ask the HO to leave the record open so that you can submit the paperwork. The HO has the liberty of leaving the record open for parties to submit additional materials but this decision to leave the record open is solely within the discretion of the HO. RAP hearings are open to the public and anyone may sit in. If you want to get a sense of what happens during a hearing before your hearing date, sit in on someone else’s hearing and listen. But be prepared to answer some awkward questions about why you are there.
“There are decisions where the Hearing Officer grossly over-reached their purview and set in place a decision that will impact other rental property owners.” not a good reason as far as the RAP is concerned. Unless you can get the tenant to agree to the postponement, you will have to document why you need to reschedule. With an outside mediation service, it’s simply a question of coordinating with the tenant for an alternative date. However, if either party fails to show up at the scheduled mediation, the matter goes back to the RAP where it may be decided with a Decision, a Hearing or even dismissed. Whether you opt for mediation with an outside service or the RAP, you and the tenant may bring witnesses, an interpreter and even a representative if you wish. But keep in mind, if you are bringing others because you want to prove your case and “win”, maybe you need to rethink mediation entirely. Successful mediation is about negotiation and compromise. If you are ready to work with the tenant and come to an agreement, the mediator will draft up a written agreement that lays out the terms everyone has agreed to and you will each sign. This signed agreement will be the basis for the order closing the matter for the RAP. However if you are not able to come to an agreement, the issue will be referred back to the RAP to set up a new hearing date and if a RAP staffer was the mediator, you will probably go into a hearing with a different hearing officer that very same day.
Conduct of Hearings
The parties, their representatives, and their witnesses will be asked to complete a Notice of Appearance at the very beginning of the hearing. Those testifying at the hearing will take an oath. Oral testimony not given under oath is not admissible and only first-hand testimony (information that someone has actually experienced themselves) is allowed. You should object to anyone trying to give evidence who has not taken the oath or who does not have first-hand experience. A good example of testimony you should object to would be if the tenant tried to present what their neighbor thought or what a third person believed or stated about a situation. A RAP Hearing Office (HO) will review all exhibits, listen to the testimony and then make a Decision. The evidentiary part of the hearing begins with the HO asking some basic questions to both the tenant and the landlord. These questions have to do with the location, ownership and occupancy of the property. When the HO is done with the preliminary questions, the person who filed the petition will put on their case by presenting witnesses and introducing documents into evidence. Then the HO may ask some questions followed by the other party cross-examination of the witnesses. Because a RAP hearing is less formal that a court trial, most HO will be flexible on the 14 RENTAL HOUSING
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The Decision
The HO has a goal of making a Decision within 60 days of the conclusion of the hearing or close of the record, whichever is later. The Decision is comprised of written findings of fact based entirely and only of the evidence in the record. If the landlord petitioned for a rent increase, the Decision of the HO shall state the amount of the increase that is justified, and the effective date of the increase. Hopefully, you are happy with the Decision and the increase that was awarded. If not, you have a right to appeal (the subject of the third and last part in this series of representing yourself at the RAP). That said, if a rent decrease is granted, the HO shall state when the decrease commenced, the nature of the service decrease, the value of the decrease in services and the amount to which the rent may be increased when the service is restored. Generally, the HO may order a rent adjustment for overpayments or underpayments over a period of months not to exceed 12 months. At that point, you need to decide if you wish to appeal to the Rent Board itself. Sometimes, it’s not about the money but the precedent. There are decisions where the Hearing Officer grossly over-reached their purview and set in place a decision that will impact other rental property owners. In those situations, you would be well advised to consider the impact of the decision not just on you but on other owners. Liz and I will cover appeals procedures in the third and last part of this series. RH
The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. © 2015 Clifford E. Fried and Elizabeth Hart. Liz Hart is a consultant to owners of rental properties in Oakland and Berkeley, and specializes in rent increases and rent board petitions. She can be reached at liz.hart1801@gmail.com or 510-813-5440. Clifford Fried is an attorney with Fried & Williams LLP. He can be reached at cfried@friedwilliams.com or 510-625-0100.
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FEATURE
16 RENTAL HOUSING | AUGUST 2015 | ebrha.com PHOTO: TRISTAN NITOT, WWW.FLICKR.COM/PHOTOS/NITOT
the
EAGLE EYE The latest security and safety technology to protect your properties. BY AMY ROITHER
F
inding good tenants, being cash flow positive and making sure the income property is safe and secure are often top priorities for building owners and property managers. There are many innovations in security technology that can help protect your property, which will attract and retain good tenants, reduce crime thereby increasing your bottom line. Video Surveillance Video surveillance technology is improving in quality and decreasing in price every year. HD-TVI (High Definition Transport Video Interface) hit the market in 2014 and is overtaking the analog format as the preferred format of choice for many end users. One of the biggest factors is that HD-TVI offers exponentially better image quality over analog, yet is at the same affordable price point. HD-TVI cameras come in 1.3 or 2 megapixel options (720p or 1080p). Another benefit is that HD-TVI can transmit signals up to 1,500 feet without needing a booster. This means that far reaching areas needing coverage can be supervised without the addition of more equipment and cost. HD-TVI beats out its most recent precursor, HD-SDI, in both transmission strength and cost as well. The good news keeps coming with HD-TVI. If you already have an existing analog video system and want to upgrade to HD-TVI, you can swap out the cameras and DVR (the recording device), while using all of your old coaxial cabling.
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Sometimes half the cost of a surveillance system is in labor alone. The HD-TVI DVR is what the industry calls a “Tri-brid” system. It runs HD-TVI cameras, but can also accept your existing analog, and can even add a couple of IP cameras for even more elevated picture quality. Kevin S., a Bay Area apartment building owner, said, “I had Detect All upgrade my old analog system to a 16 channel HD-TVI system. At first I kept four of my old analogs on it, and added six new TVI cameras, but when I saw the difference in picture quality I had them replace all of the analogs with TVI. I have low ceilings in the laundry room and I was worried about the cameras being vandalized so I added smoke detector cameras. Finally, I added a couple of IP cameras at the entrances to make sure I was getting the coverage I needed to protect my property and the tenants.” While HD-TVI offers impressive picture clarity and definition, the cameras are limited in that they max out at only 2 megapixels. IP cameras still are the front runner for the best performance quality available. Currently, Avigilon, a camera hardware and software manufacturer, offers a 29 megapixel camera that provides coverage for large areas in minute detail. This level of camera is mostly found in locations like airports, casinos, and ports. However, cameras with 3 to 5 megapixels are most often installed in areas that don’t require such a high level of scrutiny.
The Oakland District Attorney’s office recommends using 5 megapixel cameras on projects because at this level, the footage is usually detailed enough to be admissible in court and help prosecute cases of vandalism, theft, and other crimes. In addition to increasing the amount of megapixels available, video surveillance manufacturers have made significant strides in improving analytical capabilities of the surveillance systems. Video analytics are optional and can be enabled or disabled. They work by applying algorithms to analyze the data coming into your system as well as data that has already been recorded. Some of the most popular analytics include: • License plate recognition—Video surveillance can integrate with access control systems to allow entrance into a garage, or can send a notification if an unauthorized license plate is recognized by the system • Facial recognition—Find all instances of a perpetrator vandalizing your building and build a case to give to authorities • Unauthorized intrusion in restricted area—Set up a protected area or off limits time frame, and receive notification or trigger an alarm if those parameters are compromised • Unattended objects—Receive notice if an object is left for too long in one place • Integrate with Access Control system—Cameras will send
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Vendor Fair • Workshops • Oktoberfest Reception • Free Parking 9TH ANNUAL
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The Bay Area Expo for Residential Rental Property Owners & Managers
Workshops include • New Rental Housing Laws for 2016 • Improving Your Real Estate Portfolio: Strategies for Success • Legal Q&A with Leading Rental Housing Attorneys and Experts
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Clifford Fried
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EBRHA ON YOUR SIDE NEW ADVOCACY SERVICE EXCLUSIVELY FOR MEMBERS!
Have you experienced a situation or ruling that you feel infringed on due process as a property owner? Have Rent Board rulings or outcomes pertaining to your case seemed unethical? Were local ordinances and policies ignored? We constantly hear about outcomes that are just plain wrong. We need to collect member experiences in order to make changes to an already broken and biased system. To access EBRHA’s new advocacy service, visit www.ebrha.com, log in to your member account, click “EBRHA on Your Side” in the member menu and fill out the form. EBRHA may follow up with you to discuss next steps and acquire any supporting documents.
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snapshots when people use a key card or fob to access a secured area Not all applications require that level of analysis. To save money, manufacturers like Hik Vision offer a stripped down product that still gives high performance without as many bells and whistles, and comes in around half the price of more feature heavy cameras. Cloud Storage Another huge technological advancement is the viability of cloud storage for video footage. GeoVision, another video surveillance hardware and software manufacturer, now has a line of 1.3 megapixel cameras that record directly in the cloud. This eliminates the need for recording onto an NVR. However, there is a per camera monthly fee to store the data in the cloud for anywhere between three days to three months. The recording is at 15 frames per second (FPS), which is an innovation the security industry has been waiting years for. Previously, cloud storage was limited to around 2-6 FPS, which isn’t enough to give smooth playback. In fact, at that low framerate, images look like they are leap frogging from one point to another, and important information might not be getting recorded. Dustin Rodine, VP of Business Development for GeoVision, says another benefit of using the cloud solution is “many building owners fear having an employee or thief tamper with the video evidence at the NVR itself inside the location. The cloud solution eliminates this fear.” The next hurdle we’re waiting for the cloud solution to conquer will be bandwidth issues that are currently inhibiting storage and playback of higher megapixel cameras (3+ MP) in the cloud at a smooth framerate. Whether you are recording in the cloud or on a DVR or NVR, as long as your system is hooked up to the Internet you’ll be able to view your property from any Web enabled smartphone, tablet, computer, etc. Access Control The Access control industry is taking a play from the security and fire alarm industry and is introducing a game
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and property. Some of the newest codes taking effect in California include: • All old smoke detectors that are solely battery powered must be replaced with those that contain a sealed battery that is rated to last 10 years (SB 745 Effective July 1, 2015) • All smoke alarms powered by 120 VAC or battery must have label showing with date of installation and manufacturer (SB 745 Effective July 1, 2015) • Landlords cannot make the tenant responsible for testing or maintaining the smoke alarms. It is the responsibility of the landlords. (January 1, 2014) • All smoke alarms required for the dwelling unit are devices approved and listed by the Office of the State Fire Marshal (SB 745 Effective July 1, 2015) In an era where we are seeing the demise of POTs (plain old telephone lines) and more and more people transitioning to cellular phones it is reassuring that the fire alarm industry is keeping up. If your apartment building requires a monitored fire alarm, you can get rid of the two dedicated POTs lines that were once the standard and only option for communicating between your fire alarm control panel (FACP) and your central station. Fortunately, you can now opt for GSM cellular communication as a sole path of communication. The GSM has a dual option to send the signal using either cellular or internet communication. One benefit of using GSM is that the monthly cost can be about half as much as paying for two dedicated telephone lines. Another advantage is that security is improved since there are no telephone lines to cut. Also improving security is that an FACP using GSM sends hourly test signals to central station to verify communication, versus a daily test signal that is sent on a POTs line. Keep in mind that your local fire official will have final say on what codes apply to your specific location.
“WITH CONTINUAL ADVANCES IN TECHNOLOGY, CHANGES IN CODES, AND EVER GROWING SECURITY CONSIDERATIONS IN THE BAY AREA, IT IS IMPERATIVE TO HAVE EXPERT SUPPORT TO HELP NAVIGATE THE EVER EVOLVING SECURITY AND FIRE/LIFE SAFETY LANDSCAPE.” changing innovation. DoorKing, an access control manufacturer popular among many apartment and multifamily building owners, announced that in August of 2015, their 1830 Series telephone entry units will now allow communication through GSM cellular connections. This means that an apartment building owner won’t need a land line anymore. However, there will be a monthly charge for the cellular communication. This option will be available as an upgrade on many existing systems. The DoorKing 1515 is a recent release that integrates cell phone technology. It is a standalone keypad ideal for controlling access at doors or gates and comes with two phones apps. The first app enables the manager or owner to program on their cell phone and upload codes directly to the unit instead of having to type everything using the pushbutton keypad. The second app is for tenants and enables them to hold their smartphone up to the keypad unit to gain access to the location. While DoorKing is pioneering both cellular and phone app technology for larger scale access control needs, we expect to see these become prevalent features across many major brands in the upcoming year or two. For smaller access control needs, for example a building with 2 to 12 units, an owner might want to consider video intercoms. They come in both wired and wireless options and allow tenants to see and hear who is at the door. These systems can integrate with a maglock to allow the tenant to buzz the visitor in. More advanced systems allow call forwarding to a cellphone where the person answering can remotely release the door lock or talk to the person requesting access. There are so many options available in this category, it’s advisable to have a professional review your needs to make the best recommendations for your property and budget. Fire Safety The biggest innovations pertaining to fire and life/safety are more in terms of code updates to ensure the safety of tenants 22 RENTAL HOUSING
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Tips from East Bay Officials Oakland Fire Inspector, Terrence Spencer, advises property owners to keep a record of all system inspections, tests, and maintenance on the premises for a minimum of three years. Some of the most common violations he finds in multifamily buildings are: missing smoke detectors and fire detectors; not having required manual alarm systems for Group R2 structures more than two stories in height or with more than 16 dwelling units; extension cords that should not be affixed to structures, extended through walls, ceilings or doors; and open junction boxes and open wires, which are prohibited. Alameda Fire Chief Douglas Long states that some of the most common violations he’s seen in multifamily building are: out of date extinguishers; extinguishers not mounted correctly;
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addresses not visible because of bush or tree growth; exit signs not lit; dead batteries in emergency lighting; blocked or locked exits; extension cords being used in place of what should be permanent wiring; and cluttered storage around water heaters. If in doubt, Inspector Spencer invites building owners to call Oakland’s public fire prevention office with any questions concerning fire safety to remedy the intimidation factor that accompanies any pending inspection process. Both experts concur that the biggest cause of fire in a multifamily dwelling is unattended cooking. Inspector Spencer warns, “People should note that an unattended fire does what it is intended to do: it burns!” Chief Long added, “Other problems are items placed too close to heat producing appliances such as lamps with halogen bulbs.” He also requests that owners instill in their tenants the importance of keeping their units orderly and uncluttered. “When we respond to fires, our visibility is greatly reduced. Sometimes we can’t see at all inside a fire and must feel our way around,” Long said. “When a unit is packed with items blocking normal pathways, it makes it very difficult for us to search for victims and locate and extinguish the fire.” Chief Long values a monitored fire alarm system because
it generally senses the fire in its earlier stages and gets the fire department on the way sooner. “The activation of the local (non monitored) system counts on the fire being noticed by someone and activating the alarm,” he said. “By this time the fire is generally larger and has caused more damage by the time we put it out. Additionally, many people assume someone else has activated the alarm or called the fire department, so they don’t, causing additional delay.” Utilizing Professional Services With continual advances in technology, changes in codes and ever growing security considerations in the Bay Area, it is imperative to have expert support to help navigate the ever evolving security and fire/life safety landscape. A professional can recommend the most effective and budget conscious solutions to protect your tenants and your investment. RH Amy Roither-Quintero is the VP of Operations for Detect All Security & Fire, an Alameda-based company providing security, fire, video, and access control services throughout the Bay Area. She is the Vice President of the California Alarm Association’s East Bay division and is a member of the Oakland Chamber’s Public Policy Council. She can be reached at amy@ detectall.com or 510-835-4100.
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FEATURE
PHOTO: KEVIN UTTING, WWW.FLICKR.COM/PHOTOS/TALLKEV
Stored Away How to properly assist hoarding tenants to provide safe and habitable housing. BY CLIFFORD FRIED
B
eing a landlord involves more than simply renting out a unit and collecting the rent each month. Landlords are sometimes required to check in with their tenants to make sure that the premises is being kept clean and free of excessive clutter. There are some tenants out there who simply have too many possessions for the space they are renting. But then there are other tenants who have too many possessions because of mental disorders. These tenants are sometimes referred to as “pack rats”, “junkaholics”, “clutterers”, or “hoarders”. This behavior is recognized by psychiatrists and psychologists as a type of obsessive-compulsive disorder. If your tenant has too much stuff, he or she may be a compulsive hoarder. The behavior is serious and can be a danger to the tenant, your property and other tenants in your building. Tenants collect stuff for a variety of reasons. Some believe that they are actually collecting something of value, in either a sentimental or monetary sense. Others believe that they will forget they have this stuff unless it is in plain view. A few believe that getting rid of this stuff would be wasteful. Of course, there really is no rational reason for a tenant to be hoarding things.
What is a Hoarder?
According to the dictionary, a hoard is a supply or fund stored up and often hidden away. If these supplies are stored up and hidden away in your property, your tenant will end up living in very cramped living conditions. The problem has become the subject of a few reality TV shows in which camera crews tour homes and apartments showing examples of excessive hoarding and how tenants,
and homeowners, attempt to clear out the clutter with the assistance of psychologists, social workers, family members and garbage men. Hoarded items often include paper, magazines, newspapers and books. It is quite common to find hoarders saving junk mail, brochures and lists of things. Food, usually spoiled and rotten, can be found in a hoarder’s home. Sometimes broken items in need of repair are collected. But the repairs are never completed. Some tenants collect animals such as dogs and cats. Hoarding can result in several problems. For the tenant, moving freely about the apartment becomes extremely difficult and sometime impossible. Furniture cannot be used because it is used to hold stuff. Stoves, ovens and refrigerators are used to store various items so that the appliances can no longer be used for their intended uses. Sinks and bathtubs, ordinarily used for cleaning, cannot be used because they are packed with stuff. It isn’t always possible for hoarders to change their behavior. The majority cannot change their behavior. Some hoarders simply move their stuff somewhere else which can solve one landlord’s problem, but can become another landlord’s problem. Other hoarders get worse over time. Intervention by professionals can help, either temporarily or permanently depending on the tenant.
Issues Caused by Hoarding
Many serious issues can arise from excessive hoarding which can affect not only the hoarder, but also other tenants in the building and neighboring properties. The condition of the property could violate various state and local codes putting the landlord at risk of being hit with penalties ebrha.com
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The kind of eviction notice depends on a variety of factors. First, if there is a serious life, health and safety danger, a three day notice to quit may be warranted. But if there is a long term tenancy involved or a tenant that is elderly or disabled, a 60 day notice of termination of tenancy might be warranted. Consult with an eviction attorney before serving any notices. If the tenant ignores the notice, the landlord must file and serve an unlawful detainer, or eviction, lawsuit in court. Once the lawsuit is filed the matter is typically concluded in anywhere between 30 to 90 days. Oddly enough, hoarding tenants don’t seem to put up much of a fight to the eviction. The same psychological disorder that caused the hoarding can also prevent the tenant from showing up in court to contest the eviction.
“Landlords should take a practical course of action when dealing with the hoarding tenant. First, the landlord should take prompt action upon learning of the hoarding. The tenant should be notified in writing of the problem and requested to clean up their unit.” and fines. Hoarding conditions could constitute a fire hazard or prevent free access in and out of the rental unit. The tenant is the first person put in danger from the clutter. Tripping and fall hazards can be a problem, especially for elderly tenants. Injuries can occur from items that are stacked up from the floor to ceiling. And in the event of an emergency, paramedics, police and firefighters can have a difficult time reaching the tenant. Excessive clutter could create a breeding ground for rodents and insects. And the clutter frequently prevents effective pest control. In some cases, the exterminator cannot even enter the property to spray or set traps. Clutter can cause the accumulation of mold. Without adequate air circulation, moisture builds up inside of the apartment. Many hoarders keep their windows and doors closed which only exacerbates the problem. Odors emanating from inside the unit can become a serious nuisance to others. In the most serious situations, floors can cave in from the sheer weight of stuff being hoarded inside of the apartment. In one extreme example, the floor of the tenant’s unit collapsed from the weight of newspapers and magazines and interrupted the commercial business below for several months. Don’t estimate the total weight of paper when it is stacked up. Accumulated paper can easily weigh more than a refrigerator or piano. Tenants have a legal and contractual duty to maintain their apartments in an uncluttered and clean condition. Failing to keep an apartment clean can be deemed a violation of the rental agreement and subject the tenant to eviction. It is important for landlords to enforce their agreements by insisting that the tenant clean up or move out.
Legal Notices
If a tenant refuses to clean out the clutter and garbage, the landlord may have just cause to evict. In Oakland and elsewhere excessive hoarding can lead to an eviction based on violations of the rental agreement, nuisance or damage to the premises. In Oakland, it is necessary to serve the hoarding tenant with a warning notice to cease before serving an actual eviction notice. If the tenant repeats the same hoarding behavior within a 12 month period, after service of the warning notice, the landlord may move ahead with the eviction. 28 RENTAL HOUSING
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Hoarding as a Disability
The propensity to hoard is thought to be a disability. And when there is a disabled tenant involved, the landlord is required to provide a reasonable accommodation to the tenant. The law requires landlords to make reasonable accommodations when necessary to allow the disabled tenant an equal opportunity to enjoy the rental property. But is hoarding really a disability? Any physical or mental impairment that substantially limits a major life activity such as walking, seeing, hearing, working, learning, or caring for oneself is a disability. This is a very broad definition that is likely to include compulsive hoarding.
Resources for Hoarders
Landlords should be prepared for a hoarding tenant to request a reasonable accommodation. Such requests include adequate time to remove the clutter and clean the unit, to allow the tenant to establish a schedule and goals for cleaning up. Landlords might consider directing the hoarding tenant to various social services and community resources for hoarding and cluttering. There are many organizations in the Bay Are that can help, such as: The Mental Health Association of San Francisco is a nonprofit citizen’s organization that provides education and services to compulsive hoarders. Support groups meet regularly in San Francisco. Contact the Association at 415-421-2926 for a schedule of meetings. Clutterers Anonymous is an organization for people who struggle with clutter in their lives. They conduct meetings Monday evenings and Tuesday mornings at Epworth Methodist Church in Berkeley. Contact this organization at 866-402-6685 for further details. The OCD Foundation provides local support groups for people struggling with obsessive hoarding. Their meetings are conducted in Oakland. Call 926-699-1355 for more information. Many of these organizations can provide further information on disposal and cleaning services, professional organizers and
how to correct animal hoarding situations. But a landlord has no duty to provide an unreasonable accommodation. A landlord need not pay for the cleanup or wait an extraordinary period of time to allow the tenant to clean up. And so long as the clutter constitutes a hazard, the landlord can insist on the tenant cleaning up. Where the landlord fails to provide a reasonable accommodation, after the tenant notifies the landlord of his or her disability and requests an accommodation, the tenant has a viable defense to an eviction lawsuit. It is not uncommon for tenants, in the middle of the eviction lawsuit, to request an accommodation, including the dismissal of the action, to allow them to clean up. By this time, it is too late and no accommodation is required.
Practical Course of Action
Landlords should take a practical course of action when dealing with the hoarding tenant. First, the landlord should take prompt action upon learning of the hoarding. The tenant should be notified in writing of the problem and requested to clean up their unit. The landlord should establish a reasonable timeline for the cleanup and only evict as a last resort. Only after numerous warnings and attempts to accommodate the tenant should an eviction lawsuit be attempted. If an eviction is inevitable, the landlord should start making a record of attempts to work with the tenant towards a cleanup and the tenant’s failure to make a good faith effort. Collect photos and other evidence of the hoarding. Most of the time, hoarding is a mental disorder and should be treated as a possible disability from the outset. If your goal is to get the tenant to clean up, and not necessarily to evict, show some compassion for your tenant in working to resolve the problem. Then you can get back to your normal landlording activities, such as renting out units and collecting rent. RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Clifford Fried is an attorney with Fried & Williams LLP and can be reached at (510) 625-0100 or www. friedwilliams.com.
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COLUMN
government affairs
effect relationship between the policy in question and the resulting impact on a protected class. Justice Kennedy writes “…statistical disparity must fail if the plaintiff cannot point to defendant’s policy or policies causing that disparity.” Plaintiffs in disparate impact cases would also, under the majority’s opinion, need to clearly show that the policy in question raises “artificial, arbitrary and unnecessary barriers.” Harry Kelly again acknowledges that this is not new to the disparate impact debate but its emphasis in Justice Kennedy’s opinion does have the effect of raising its importance to the process. The question in all of our minds is what does this mean for the day-today behavior of apartment owners and Legislative updates from NAA’s Senior Vice operators? How should they change President of Government Affairs. BY GREG BROWN their policies or procedures based on this opinion? The bad news is that there is some caveats and provisos. no clear guidance in that area contained The majority opinion, authored by within this opinion. Justice Kennedy did Justice Kennedy on behalf of Justices establish some good rules for evaluating Sotomayor, Ginsberg, Kagan and Breyer, polices for disparate impact liability but would not be considered a ringing it will ultimately be up to lower courts to endorsement of disparate impact. In do the actual evaluation when litigation fact, Harry Kelly, Esq., an attorney with come before them. That means owners the firm of Nixon Peabody in Washingand operators will continue to operate in ton, D.C., and the lawyer who crafted somewhat of a murky area when it comes the amicus brief on this case to which to their exposure to disparate impact NAA and several other organizations liability. put their names, put it this way in his It has been suggested by some fair recent article on the decision. “Having housing attorneys that the SCOTUS opinfound that disparate impact liability ion does raise the value of documenting exists under the FHAct, [Justice] Kenthat you considered potential disparate nedy thus spent much of his decision impacts when you developed a policy and narrowing the scope of that liability why the policy you choose was still “necand offering a series of “safeguards” essary to achieve a valid interest.” It likely intended to prevent abuse of disparate fter much anticipation, specula- impact theory.” These safeguards have will not protect you from litigation, but tion and contemplation of the it could help in your efforts to respond. the effect of raising the threshold which potential ruination of the apart- must be reached to validate a dispaMore to come on that. ment nation…the Supreme Court of the Staying with fair housing for a rate impact liability claim. So, while United States (SCOTUS) finally released moment, during its the headline is certainly its decision on Texas Department of “The question in recent 2015 Education not what the apartment Housing and Community Development all of our minds is Conference and Exposiindustry wanted to see, v. The Inclusive Communities Project, what does this mean tion, the NAA Board the fine print offers some Inc. For those unfamiliar with the name, promise. for the day-to-day of Directors passed a this is the case that answers the question behavior of apartstatement of policy on The safeguards conof whether the Federal Fair Housing ment owners and the issue of reasonable tained within the majorAct supports the concept of disparate operators? How accommodation for ity’s opinion go right impact in housing discrimination cases. should they change requests for emotional to the common sense In other words, can someone be liable their policies or support animals. This arguments about dispawithout intent to discriminate. The rate impact. For example, procedures based on issue is trending as answer, by a vote of 5 to 4, is yes…with one of the most signifithere must be a cause and this opinion?”
No Clear Guidance with Supreme Court’s Disparate Impact Decision
A
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ebrha.com
Rent Board Matters & Management Expertise cant current operational challenges for apartment operators. Existing rules from the Department of Housing and Urban Development (HUD) allow for abuse by individuals who do not require an emotional support animal attempting to skirt pet restrictions in apartment communities. A working group of NAA members spent two months looking at all aspects of the issue and crafted a statement of policy that (1) reaffirms the industry’s support for those who legitimately need an emotional support animal and (2) urging HUD to amend its rules to curb such abuse. It has been encouraging to see support for this position from psychiatric and animal rights organizations and NAA will seek their support in advocating before HUD on this issue. Finally, to update you on another case recently decided by the SCOTUS, by a 5 to 4 vote the Court upheld the Arizona Independent Redistricting Commission established by voters in that state to draw the Congressional district lines and rejected claims by the state legislature that such a move was unconstitutional. The decision in Arizona State Legislature v. Arizona Independent Redistricting Commission not only preserves the Commission and current map in Arizona, but bolsters similar commissions in other states, like California. It also strengthens arguments by reformers in states that currently allow district lines to be drawn on a partisan basis who are in favor of a commission-like process. In my view, the SCOTUS decision is a huge win for nonpartisanship and a shot across the bow of ridiculous gerrymandering that is conducted by both parties. To see both the article from Harry Kelly on the SCOTUS disparate impact decision and NAA’s statement of policy on emotional support animals, go to www.naahq.org. Remember, nothing in this column should be considered legal advice. It is for informational purposes only. As always, thanks for reading. Talk with you next month. RH
Greg Brown is the Senior Vice President of Government Affairs with the National Apartment Association. He can be reached at 703-797-0615 or greg@naahq.org.
Liz Hart Discount for EBRHA members
510-813-5440 Liz.hart1801@gmail.com
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ebrha.com
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COLUMN
esq. & a
A Landlord’s Duty What should a landlord do if tenants complain about mold in rental units? BY CLIFFORD FRIED
Q
What is the best course of action when tenants claim there is mold in their unit?
A
Because much has been written about the dangers of mold, some tenants jump to the conclusion that mildew and dirt in their apartment is deadly mold. In all likelihood, the conditions in the apartment are not dangerous mold. Molds are simple, microscopic organisms found virtually everywhere, indoors and outdoors. Molds are found on foods, leaves, plants and other organic materials. Mold spores travel through the air and find their way into homes. If present in large quantities, molds can cause allergic symptoms similar to those caused by pollen. The first thing to do when a tenant 32 RENTAL HOUSING
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complains about mold in their rental unit is to do an inspection. With all due respect to the mold experts and remediation contractors who are EBRHA vendors, a landlord should take a look first. If the landlord finds that in fact there is an excessive build up of moisture, the presence of musty or earthy odors, or evidence of water intrusion in the unit, there could be a serious problem. Any of these factors, in conjunction with visual evidence of excessive mold or mildew, there may indicate a serious mold problem. Look for discoloration or moisture leaching from plaster and drywall. If the tenant is complaining about allergic reactions, asthma episodes, infections or other respiratory problems, there is further reason to be concerned. If you reasonably believe that there
ebrha.com
is a serious mold problem, or if you have no idea of how to assess the problem on your own, then it is time to call in an expert. If the expert suggests mold testing, think twice before agreeing. Reliable sampling for mold is expensive. Also, because mold is present everywhere, the mold tests will show the presence of mold even if you don’t have a serious mold problem. If you have mold testing done, you may someday be forced to provide the test results to your tenant in a court of law. Your tenant will use the results as ammunition against you. If your tenant insists on mold testing, have them do the testing themselves at their own expense. Landlords have no duty to test. If there is an actual mold problem, you should determine the source and cause of the moisture so that the problem will not persist. Then fix the problem. This could mean installing french drains or a sump pump. Or it could means fixing windows. And it could mean instructing the tenant on how to stop moisture build up in the unit. The next step is to clean up the mold or mildew. This is considered a simple housekeeping task. If your tenant won’t clean up the mess, then the landlord should do the cleaning. Clean, disinfect and dry the moldy area. Bag and dispose of any material that has moldy residues such as rags, paper, leaves and debris. If the mold problem is serious and real, you may have to call a mold remediation contractor. EBRHA can give you a referral. Some remediation may require the pulling of permits, extensive reconstruction work and temporary tenant displacement. It is common for tenant complaints about mold to be accompanied by other factors such as the tenant wanting to break a lease or not pay the rent. If you believe that your tenant is making mold complaints to avoid his or her contractual obligations, it is probably time to call a lawyer; you have a tenant problem, not a mold problem. —CLIFFORD FRIED RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Clifford Fried is an attorney with Fried & Williams LLP and can be reached at (510) 625-0100 or www. friedwilliams.com.
THE POLITICAL EFFORTS OF EBRHA COME FROM ITS POLITICAL ACTION COMMITTEE. The EBRHA-PAC is a nonprofit and nonpartisan committee, the purpose of which is to support local ballot measures and candidates that have a positive impact on the rental housing industry.
TO GET INVOLVED OR TO DONATE TO THE EBRHA-PAC, CONTACT: NEWS@EBRHA.COM OR VISIT EBRHA.COM/PACDONATION
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www.adobesoils.com ebrha.com
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DON’T GET LEFT OUT! FOR ALL OF THIS MONTH’S EVENTS, CHECK OUT THE CALENDAR PAGE ON PAGE 36. VISIT EBRHA.COM/ CALENDAR OR CALL 510-8939873 TO REGISTER TODAY!
34 RENTAL HOUSING
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ebrha.com
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ebrha.com
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community calendar EVENTS & CLASSES
august
september
NOTE: WORKSHOPS HELD AT OUR NEW OFFICE AT 3664 GRAND AVE, SUITE B IN OAKLAND
NOTE: WORKSHOPS HELD AT OUR NEW OFFICE AT 3664 GRAND AVE, SUITE B IN OAKLAND
THURSDAY, AUGUST 6 Landlord Basics Tori Blanca, CCRM, EBRHA Free to Members and Non-members 6:30 p.m. - 8:00 p.m.
MONDAY, SEPTEMBER 7 EBRHA Office Closed
NO MEMBER MEETING OR SPECIAL WORKSHOPS IN AUGUST.
THURSDAY, SEPTEMBER 10 Landlord Basics Tori Blanca, CCRM, EBRHA Free to Members and Non-members 2:00 p.m. - 3:30 p.m. TUESDAY, SEPTEMBER 15 Landlord 102 Tori Blanca, CCRM, EBRHA Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m. SATURDAY, SEPTEMBER 19 EBRHA Membership Meeting (Members only) Topics: • Legal Q&A—Kernan, Law Offices of Brent Kernan • Financial Planning for the Future— Miguel Delgado, David White and Associates • Latest Technologies in Security and Fire Protection—Amy Roither, Detect All Security & Fire 10:00 a.m. - Noon TUESDAY, SEPTEMBER 22 Section 8 Program Overview Michelle Hasan, Director of Leased Housing and Teela Carpenter, Housing Assistance Manager, Oakland Housing Authority Members: Free; Non-Members: $69 2:00 p.m. – 3:30 p.m. THURSDAY, SEPTEMBER 24 Lunch-n-Learn Abbe Sultan, Stone Creek Insurance Agency $20 for Members and Non-Members Register at ebrha.com/zerowaste or call 510-893-9873 Noon - 1:30 p.m.
No Refunds on no shows; Seats fill fast, register in advance! To register and pay, visit ebrha.com/calendar or call (510) 893-9873. Unless noted, all classes and events are held at the EBRHA Education Center, 3664 Grand Ave., Suite B in Oakland. 36 RENTAL HOUSING
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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
2015-16 (1.7%) A CPI increase of 1.7% becomes effective on July 1, 2015. Tenants may only receive one increase in any 12-month period, and the rent increase cannot take effect earlier than the tenant’s anniversary date. In addition, California law requires that for tenancies receiving greater than a 10% increase, a 60-day notice is required; if the increase is 10% or less, a 30-day notice is required. Owners can only impose “banked” rent increases equal to three times the current annual allowable rent increase rate. See schedule at right.
PERI OD
AM O U N T ( % )
JULY 1 ‘15 - JUNE 30 ‘16 . . . . . . . . . 1.7 JULY 1 ‘14 - JUNE 30 ‘15 . . . . . . . . . 1.9 JULY 1 ‘13 - JUNE 30 ‘14 . . . . . . . . . 2.1 JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0 JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0 JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7 JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7 JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2 JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3 MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3 MAY 1 ‘05 - MAY 30 ‘06 . . . . . . . . . . 1.9 JUNE 1 ‘04 - MAY 30 ‘05. . . . . . . . . . 0.7 Visit www.ebrha.com/members to see previous adjustments.
CAPITAL IMPROVEMENTS INCREASE FORMULA
FOR FURTHER INFORMATION CONTACT:
Oakland Rent Board 250 Frank H. Ogawa Plaza, Ste. 5313 Oakland, CA, 94612 510.238.3721 | www.oaklandnet.com
(70 % of Improvement Costs ÷ Number of Units) 60 months or 5 years REFER TO ORDINANCE FOR NOTICING, QUALIFICATIONS AND AMORTIZATION PERIODS.
Berkeley RENT STABILIZATION BOARD FEES
Annual fees are $213 per unit and are due July 1. Owners are allowed to pass through $4 to tenants. RATES OF ANNUAL PAYMENT OF SECURITY DEPOSIT INTEREST P E R I OD A MO UN T FEDERAL RESERVE RATES
DEC. 2014. . . . . . . . . . . . . . . . . . . . . N/A DEC. 2013. . . . . . . . . . . . . . . . . . . 0.3% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.5% DEC. 2011. . . . . 0.4% (CORRECTED 11/3/2011) DEC. 2010. . . . . . . . . . . . . . . . . . . 0.4% DEC. 2009. . . . . . . . . . . . . . . . . . . 1.1% DEC. 2008. . . . . . . . . . . . . . . . . . . 3.4% DEC. 2007. . . . . . . . . . . . . . . . . . . 5.3% DEC. 2006. . . . . . . . . . . . . . . . . . . 5.1% DEC. 2005. . . . . . . . . . . . . . . . . . . 3.4%
ANNUAL ALLOWABLE RENT INCREASE
2015 (2.0%) PERI OD AM O U N T
Beginning in 1998, adjustments are not allowed for the year following a tenant’s initial occupancy. To obtain the maximum amount for a specific address, please use the “Rent Ceiling Database” calculator on Berkeley’s Rent Board website. Visit www.ebrha.com/members to see previous adjustments.
2015. . . . . . . . . . . . . . . . . . . . . . . . 2.0% 2014. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6% 2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7% 2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2% 2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6% 2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9% 2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3 (1% + $3 IF TENANCY CREATED AFTER JAN. 1999)
2003. . . . . . . . . . . . . . . . . . . . . . . . . 0% *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.
BERKELEY RATES
FOR FURTHER INFORMATION CONTACT:
DEC. 2014. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3%
Berkeley Rent Board 2125 Milvia Street Berkeley, CA 94704 510.981.7368 | www.ci.berkeley.ca.us/rent ebrha.com
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vendor directory — CONTACTS, PRODUCTS & SERVICES Law Offices of Brent Kernan Brent Kernan 510-712-2900 bkernan@aol.com Law Offices of Daniel Riley Daniel Riley 415-823-6129 driley_813@msn.com Law Offices of Elaine Lee Elaine Lee 510-848-9528 www.elaineleeattorney.com Law Offices of Leon H. Rountree III Leon H. Rountree III 510-343-6299 www.leonrountree.com Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Ed Nagy and Alan J. Horwitz 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com
ABATEMENT SERVICES
Environmental Remedies, Inc. Jaime Tamayo 925-519-6354 www.environmentalremedies.com P.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.com Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net ACCOUNTING & TAX
Collins, Mason & Company LLP Teresa Mason 510-891-9000 www.cmcaccountants.com The Lee Accountancy Group, Inc. Jong H. Lee, CPA 510-836-7400 jhlee@theleeaccountancy.com APPLIANCE SALES & PARTS
Appliance Parts Distributor Mike De Fazio 510-357-8200 www.apdappliance.com Appliance Warehouse of America David Jepsen 510-921-1071 www.appliancewhse.com
ATTORNEYS - LAND USE/CONDO CONVERSION
APPRAISERS
Access Appraisal: Apartment Specialists Joe Spallone 510-601-1466 www.accessappraisal.com Mark Watts Commercial Appraiser Mark A. Watts 415-990-0025 www.markwattscommercialappraisal.com ARCHITECTURE
ATTORNEYS - REAL ESTATE/CORP.
InsideOut Design Pennell Phillips 510-655-1198 www.aboutinsideout.com ASSOCIATIONS
BOMA Oakland/East Bay Stephen Shepard 510-893-8780 www.bomaoeb.org Oakland Association of Realtors Sally Dunker 510-836-3000 www.oar.org Oakland Chamber of Commerce Barbara Leslie 510-874-4808 www.oaklandchamber.com ATTORNEYS - EVICTIONS/PROPERTY OWNER DEFENSE
Bornstein & Bornstein Daniel Bornstein 510-836-0110, x1007 www.bornsteinandbornstein.com Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com 38 RENTAL HOUSING
Law Offices of Daniel Riley Daniel Riley 415-823-6129 driley_813@msn.com Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com
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Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Burnham & Brown Jack Schwartz 510-444-6800 www.burnhambrown.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com AUTOMOTIVE
Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com BANKING/LENDING
Chase Commercial Josh Milnes 510-891-4545 josh.milnes@chase.com ebrha.com
Chase Commercial Ted Levenson 415-945-5430 ted.levenson@chase.com Chase Commercial Neil O’Callaghan 415-315-8901 neil.ocallaghan@chase.com Cooperative Center Federal Credit Union Chris Perez 510-647-2127 cperez@coopfcu.org First Federal Savings & Loan Assoc. Anthony Moreno 415-460-2657 www.ffsavings.com First Republic Bank Jeff Fung 510-336-3907 www.firstrepublic.com Intervest Mortgage Marc Lipsett 510-622-8515 www.intervest-mortgage.com Luther Burbank Savings Larry Miller 925-627-2790 www.lutherburbanksavings.com NorthMarq Capital Brian Esquivel 415-433-4145 www.northmarq.com Opus Bank William Craun 925-648-5915 www.opusbank.com SF Fire Credit Union Herman White, Jr. 415-674-4808 www.sffirecu.org Torrey Pines Bank Dale Marie Golden 510-899-7536 dgolden@torreypinesbank.com BATHROOM & KITCHEN REMODELING
American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com CABINETS & COUNTERTOPS
Elegant Stone & Cabinets Linh Duong 925-954-8845 www.elegantstoneandcabinets.com CARPET CLEANING
Cleaner Carpets Ron Russell 510-522-1344 cleanercarpet@juno.com CODE COMPLIANCE/CONDO CONV.
Armstrong Development Barbara Armstrong 510-337-1998 barbaraarmstrong@comcast.net COLLECTION AGENCIES
vendor directory Credit Bureau Associates Kathy Parsons 800-564-6440 www.cbacredit.com CONSTRUCTION
A-One Construction Dirksen Rogers 408-690-0890 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Bayside Building Services & Pest Elimination Helmut Tutass 510-717-3506 pestcontrol1@writeme.com D.W. Hamilton Construction, Inc. D.W. Hamilton 510-919-0046 www.dwhamiltonconstruction.com Going Green Dan Antonioli 510-652-7593 www.going-green.co KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Schafer Construction, Inc. Mike Barker 510-568-7200 www.schaferconstructioninc.com Smart Building, Inc. Sheryl Dron 510-444-7678 www.getsmartbuilding.com SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com W. Charles Perry & Associates W. Charles Perry 650-638-9546 www.wcharlesperry.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com CONTRACTORS/ RESTORATION
ARC Water Damage Nina Lauffer 510-835-3073 www.arc-ca.com Servpro of Lafayette/Moraga/Orinda Jenny Villena 925-299-1323 servpro9542@sbcglobal.net Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net DOORS & GATES
R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com
Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com
GUTTER CLEANING
Mr. Sparkle Dylan Kelly 510-504-7048 www.mrsparkle.biz HANDYMAN SERVICES
APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Bayside Building Services & Pest Elimination Helmut Tutass 510-717-3506 pestcontrol1@writeme.com Halcyon Properties Roger Shane 510-847-7075 rbshane@aol.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey 510-727-9128 cpmbailey@sbcglobal.net
ELECTRICIANS
Thomas Electric Co. (TEC) Thomas Hurtubise 510-814-9387 www.tecelectric.net ELEVATOR REPAIRS
Paramount Elevator Corp. Mark Pipoly 510-835-0770 www.paramountelevator.com FINANCIAL PLANNING
David White & Associates Miguel Delgado 925-277-2635 www.dwassociates.com FIRE ESCAPE SERVICE
Great Escape Susan Giaquinto 415-566-1479 www.greatescapeinc.com
HAULING SERVICES
KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com
FIRE PROTECTION
Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com
HEATING & AIR CONDITIONING
Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Black Diamond Mechanical Robert Lopez 510-522-4196 robertlopez@blackdiamondmechanical.com Hassler Heating & Air Conditioning Mike Hassler 510-848-3030 www.hasslerheating.com
FLOOR COVERINGS
Bay Area Contract Carpets, Inc. Kerry Plain or Ken Scott 510-613-0300 www.bayareacontractcarpets.com Dick’s Carpet One Dan Biles 510-633-9533 www.dickscarpetoneoakland.com
HUMAN RESOURCES MANAGEMENT
GOVERNMENT AGENCIES
Housing Authority of the City of Alameda Mike Pucci 510-747-4325 www.alamedahsg.org Oakland Housing Authority Leased Housing 510-874-1500 www.oakha.org GREEN BUILDING
Going Green Dan Antonioli 510-652-7593 www.going-green.co Smart Building, Inc. Sheryl Dron 510-444-7678 www.getsmartbuilding.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com
Avitus Group Lance Harris 925-827-0680 www.avitusgroup.com INSPECTIONS
SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com INSULATION
Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com INSURANCE
Bulloch Insurance Brokers, Inc. Curt Bulloch 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com ebrha.com
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vendor directory CSE Insurance Group David Earwood 925-817-6497 www.cseinsurance.com Capital Insurance Group John Reynoso 1-800-682-9255, x7519 jreynoso@ciginsurance.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com David E. Quan Agency Insurance Brokerage Xavier Quan 510-653-8880 www.dquanagy.com The Greenspan Co./Adjusters Int’l. Rich Hallock 866-331-4790 www.greenspan-ai.com Jain L. Williams - State Farm Insurance Jain L. Williams 510-530-3222 www.jainwilliams.com Kelly Lux – State Farm Insurance Kelly Lux 510-521-1222 Kelly.lux.gjcg@statefarm.com Ruth Stroup Insurance Agency Ruth Stroup 510-874-5700 www.stroupinsurance.com Stone Creek Insurance Agency Tom Lynch 925-297-4202 www.stonecreekinsurance.com Yonas Hagos - Farmers Insurance Yonas Hagos 510-763-1030 www.farmersagent.com/yhagos INTERCOMS & ACCESS CONTROLS
R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com
Trulia Pierre Calzadilla 415-400-7260 www.trulia.com/rent LITIGATION SUPPORT SERVICES
SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com LOCKSMITH EVICTION SERVICES
Golden Gate Locksmith Co Ralph Scott 510-654-2677 kgglocksmith@yahoo.com Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com MARKET RESEARCH
Axiometrics Inc. Amy Wolff Sorter 469-621-9669 asorter@axiometrics.com PAINT SUPPLIERS
Dunn-Edwards Paints Jim Perry 925-822-7535 www.dunnedwards.com PEST & VECTOR CONTROL
Alameda Co. Vector Control Services Daniel Wilson 510-567-6826 daniel.wilson@acgov.org Terminix Robert Sater 510-489-8689 www.terminix.com Times Up Termite Mike Barker 510-568-7200 www.timesuptermite.com PLUMBING/WATER HEATERS
Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Frank Bonetti Plumbing Dan Bonetti 510-582-0934 www.bonettiplumbing.com Pacific Drain & Rooter Service Nasir Jalil 510-452-4606 nasirjalil80@gmail.com Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com
INVESTMENT OPPORTUNITIES
Martinez Real Estate Investment Jose Martinez 510-769-0436 LAUNDRY EQUIPMENT
PROPERTY MAINTENANCE
Coinmach Claudette Lucey 510-909-9786 www.coinmach.com Excalibur Laundries Carlos Barraza 510-872-1554 www.excaliburlaundries.com Innovative Coin Cheri Guffey 510-259-1494 www.innovativelaundry.com
APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com PROPERTY MAINTENANCE SOFTWARE
LEAD, MOLD & PEST MANAGEMENT
Alameda County Healthy Homes Dept. Julie Twichell 510-567-8252 www.aclppp.org LISTING SERVICE 40 RENTAL HOUSING
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SYNCrew John Cranston 415-968-1593 www.syncrew.com PROPERTY MAINTENANCE SUPPLIES
Ferguson Enterprises, Inc. Jermane Griffin 916-752-7608 jermane.griffin@ferguson.com
ebrha.com
Wilmar Nick Mraz 800-345-3000 www.wilmar.com PROPERTY MANAGEMENT
Advent Properties, Inc. Benjamin Scott 510-289-1184 www.adventpropertiesinc.com Bay Property Group Daniel Bornstein 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner 510-428-1864 www.beaconprop.com Caldecott Property Management Services Ronald Reece 510-594-2400, x226 www.caldecott.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com Crane Management Kit Crane 510-918-2306 www.cranemanagment.net The Enterprise Company William McLetchie 510-444-0876 ERI Property Management Sasha Bermudez 510-883-7017 www.erirentals.com Lapham Company Jon M. Shahoian 510-594-7600 www.laphamcompany.com Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com MSB Property Management Nik Bhachu 510-649-3380 www.msbmanagement.com Oaktown Urban Properties Michael Moynihan 415-572-0334 www.oaktown-up.com OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com Shaw Properties Liz Hart 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com Wellington Property Company Jillian Loh 510-338-0588 www.wellingtonpropertyco.com
vendor directory Woodminster Property Management Nicholas Drobocky 510-336-0202 www.woodminstermanagement.com REAL ESTATE BROKERS & AGENTS
Advent Properties, Inc. Benjamin Scott 510-289-1184 www.adventpropertiesinc.com ARA Pacific Mike Colhoun 415-273-2177 www.arausa.com Caldecott Properties Andy Read 510-594-2400 www.caldecott.com CBRE Keith Manson 510-874-1919 www.cbre.com Coldwell Banker – Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com Home & Investment Realty George Vassiliades 510-710-6826 www.propertiesbygeorge.com Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap Eli Davidson 510-379-1280 eli.davidson@marcusmillichap.com Marcus & Millichap David Wolfe 510-379-1200 www.marcusmillichap.com NAI Northern California Grant Chappell 510-972-4941 www.naikilpatrick.com Paragon Commercial Brokerage Ben Weil or Zack Ward 415-874-5018 theBWteam@paragon-re.com Property Counselors Link Corkery, Inc. Link Corkery 510-886-1212 www.pclclink.com Red Oak Realty Kevin Hamilton 510-250-8780 kevin@redoakrealty.com Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com
RECYCLING/REUSE
Urban Ore Marylou Van 510-841-7283 www.urbanore.com RENT CONTROL CONSULTANTS
Alan K. Beales 510-339-9776 Bay Property Group Cristian Villarreal 510-474-7404 cristian@baypropertygroup.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com Liz Hart 510-813-5440 liz.hart1801@gmail.com St. John and Associates (Berkeley only) Michael St. John 707-937-3711 msjetal@pacbell.net RENTAL SERVICES
Cal Rentals Elaine Perkins 510-642-3644 www.calrentals.housing.berkeley.edu Hamilton Properties Bay Area Delesha Hamilton 404-606-2141 www.hamiltonpropertiesbayarea.com ROOFERS
A-One Construction Dirksen Rogers 408-690-0890 www.a-oneconstruction.com Fidelity Roof Company Doug Kellor 510-547-6330 www.fidelityroof.com Frank Fiala Roofing Frank Fiala 510-582-6929 www.ffialaroofing.com General Roofing Company Michael Wakerling 510-536-3356 www.generalroof.com SECURITY/SURVEILLANCE
Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com SEISMIC CONSTRUCTION
Adobe Soil & Structures Mark Almeida 510-919-1880 www.adobesoils.com B.A.S.S. Seismic Retrofit D.W. Hamilton 510-919-0046 www.bassseismicretrofit.com
West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com SEISMIC ENGINEERING
Earthquake & Structures, Inc. B.K. Paul 510-601-1065 www.esiengineers.com W. Charles Perry & Associates W. Charles Perry 650-638-9546 www.wcharlesperry.com SOLAR ENERGY
Sun Light & Power Martin Morehouse 510-809-3686 martin@sunlightandpower.com TENANT SCREENING SERVICE
Contemporary Information Corp. (CIC) Dan Firestone 888-232-3822 www.continfo.com TOWING SERVICE
Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com PPI Towing Stephanie Gipson 510-533-9600 www.ppitowing.net TREE SERVICE
Bartlett Tree Experts Tony DeMola 925-934-6306 www.bartlett.com Coastal Tree Service Hans Waller 510-693-4631 www.coastaltreeservice.com TUB, TILE & COUNTERTOP REFINISHING
Discovery Coatings Gargie Balarbar 415-971-8207 www.discoverycoatings.com WASTE & COMPOST COLLECTION
Waste Management Company David Tucker 510-430-8509 www.wastemanagement.com WINDOW WASHING
Mr. Sparkle Dylan Kelly 510-504-7048 www.mrsparkle.biz WINDOWS
Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com ebrha.com
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ad index
PRODUCTS & SERVICES
EAST BAY RENTAL HOUSING ASSOCIATION
Membership Application for Property Owners and Managers
APPLIANCE PARTS & SALES
Appliance Parts Distributor. . . . . . . . . . . . . . 9 ATTORNEYS
Bornstein & Bornstein. . . . . . . . . . . . . . . . . . 34 JOIN TODAY AND RECEIVE BENEFITS SUCH AS:
The Evictors. . . . . . . . . . . . . . . . . . . . . . . . . . 31
FREE RENTAL FORMS
Fried & Williams LLP. . . . . . . . . . . . . . . . . . . 25
MONTHLY MEMBERSHIP MEETINGS
BUILDING MATERIALS/HARDWARE
LEGAL REFERRALS
Urban Ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
EDUCATIONAL CLASSES
BATHTUB & SHOWER ENCLOSURES
FREE SUBSCRIPTION TO RENTAL HOUSING MAGAZINE
American Bath. . . . . . . . . . . . . . . . . . . . . . . . 25
LEASING SERVICE
CARPETING & FLOORING
MANAGEMENT ASSISTANCE
Bay Area Contract Carpets, Inc.. . . . . . . . . 13
SEMINARS & WORKSHOPS
CONSTRUCTION
TENANT SCREENING SERVICE
West Coast Premier Construction. . . . . . . 35 ENGINEERS
Adobe Soil & Structures. . . . . . . . . . . . . . . . 33 Earthquake and Structures, Inc.. . . . . . . . . 24
NAME
West Coast Premier Construction. . . . . . . 35 COMPANY
INSURANCE COMPANIES
Jain Williams—State Farm. . . . . . . . . . . . . . 35
ADDRESS
LAUNDRY CITY
STATE ZIP
Innovative Coin . . . . . . . . . . . . . . . . . . . . . . . 31 Wash Multifamily. . . . . . . . . . . . . . . . . . . . . . 35
PHONE EMAIL
LENDERS
JPMorgan Chase Bank. . . . . . . . . . . . . . . . . . 7
RENTAL PROPERTY LOCATION
LOCKSMITH EVICTION SERVICES
ANNUAL MEMBERSHIP DUES (TAX DEDUCTIBLE):
Golden Gate Locksmith Co. . . . . . . . . . . . . 35
1-2 UNITS = $249.00
3-4 UNITS = $269.00
PLUMBING
5-8 UNITS = $289.00
9-16 UNITS = $299.00
Albert Nahman Plumbing . . . . . . . . . . . . . . 15
17+ UNITS = $299.00 + $5.00 PER UNIT
PROPERTY MANAGEMENT
Maisel Property Management. . . . . . . . . . . 31
NEW MEMBER PROCESSING FEE CHECK (PAYABLE TO EBRHA)
$30
PROPERTY MANAGEMENT & SALES
TOTAL DUE:
$
Bay Property Group . . . . . . . . . . . . . . . . . . . 34
MASTERCARD
VISA
CARD NUMBER
AMERICAN EXPRESS
EXPIRATION DATE
Beacon Properties. . . . . . . . . . . . . . . . . . . . . 35 RECYCLING
Oakland Recycles . . . . . . . . . . . . . . . . . . . . . . 3 RENT BOARD CONSULTANTS
Liz Hart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
NAME ON CARD
ROOFING SERVICES
Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 13
SIGNATURE
DETACH THIS FORM AND FAX OR MAIL TO THE ADDRESS BELOW
General Roofing Co. . . . . . . . . . . . . . . . . . . . 34 WATERPROOFING
East Bay Rental Housing Association
Applied Waterproofing Systems . . . . . . . . 35
3664 Grand Ave., Suite B
WINDOWS, DOORS & SIDING
Oakland, CA 94610 TEL
510.893.9873 | FAX 510.893.2906
ebrha.com
42 RENTAL HOUSING
| AUGUST 2015 |
ebrha.com
SGK Solutions.. . . . . . . . . . . . . . . . . . . . . . . . . 5 Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered.
Vendor Fair • Workshops • Oktoberfest Reception • Free Parking 9TH ANNUAL
Trade Expo
Presented by
THURSDAY, OCTOBER 1, 2015 3:00 - 7:00 P.M. Greek Orthodox Church 4700 Lincoln Ave., Oakland EBRHA Members & Registered Guests: Free Non-Members: $20 (fee can be applied to new membership)
The Bay Area Expo for Residential Rental Property Owners & Managers
Speakers
Workshops include • New Rental Housing Laws for 2016 • Improving Your Real Estate Portfolio: Strategies for Success • Legal Q&A with Leading Rental Housing Attorneys and Experts
Ron Kingston President, CPCG EBRHA State Lobbyist
James Kilpatrick President NAI Norcal
Clifford Fried
Sponsored by
Attorney Fried & Williams LLP
Daniel Bornstein Attorney Bornstein & Bornstein
REGISTER NOW AT WWW.EBRHA.COM/EXPO
To exhibit, contact Tina Bocheff at 510-318-8303 or tbocheff@ebrha.com