Rental
Housing EAST BAY RENTAL HOUSING ASSOCIATION | AUGUST 2017
WINNING A JURY TRIAL
Even in the Bay Area’s tenant-friendly courts, property owners can prevail
PLUS: STATE LEGISLATORS GET AN EARFUL FROM EBRHA MEMBERS WHAT TO DO WHEN YOUR TENANT HAS BED BUGS IN THEIR UNIT
Contents
East Bay Rental Housing Association
AUGUST 2017
Volume XIV, Number 8 | August 2017 EBRHA OFFICE
3664 Grand Ave., Suite B, Oakland, CA 94610 tel 510.893.9873 | fax 510.893.2906 www.ebrha.com EBRHA STAFF EXECUTIVE DIRECTOR
Jill Broadhurst | jbroadhurst@ebrha.com DIRECTOR OF STRATEGIC PARTNERSHIPS
Tina Bocheff | tbocheff@ebrha.com PUBLICATIONS & COMMUNICATION PRODUCER
Esteban Cortez | ecortez@ebrha.com MARKETING & EVENTS COORDINATOR
Angelisa Ross | aross@ebrha.com
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20
Mold Prevention & Mitigation Tips
Your Worst Nightmare
BY CHRIS MASTERSON
BY JASON VAN
STEENWYK
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MEMBERSHIP & ADMINISTRATIVE ASSISTANT
Angelique Johnson | reception@ebrha.com
EBRHA OFFICERS PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge VICE PRESIDENT Jack Schwartz SECRETARY Fred Morse TREASURER Abbe Sultan EBRHA DIRECTORS
Symon Chang, Nathan Durham-Hammer, Irina Gelfenbeyn, Brent Kernan, Carmen Madden, Conor Murphy, Michael Pallas, Rick Philips, Jason Russell, Judy Shaw, Carlon Tanner PUBLISHED BY
East Bay Rental Housing Association
Winning a Jury Trial
PUBLISHER
Wayne C. Rowland MANAGING EDITOR Jill Broadhurst
BY MICHAEL SHEPHERD
EDITOR Tina Bocheff ART DIRECTOR & COPY EDITOR Esteban Cortez ADVERTISING
Tina Bocheff | 510.318.8303
Features & Columns NEWS
EBMUD Board Of Directors Approve Water & Wastewaster Rate Hikes 8
32 GREEN SHEET Save Money with Water Conservation
EVENT PHOTOS
Having Our Voices Heard
Events & Directory
BY EBRHA
36 COMMUNITY CALENDAR 38 V ENDOR DIRECTORY 42 M EMBERSHIP INFORMATION 42 A D INDEX
12 TENANT SCREENING The Adverse Action Notice BY LANDLORDSTATION 32 ESQ&A Subtenants in Your Rental Units BY CLIFFORD FRIED
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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 © 2017 by EBRHA. All rights reserved.
COVER PHOTO: KAREN NEOH / CC BY 2.0
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contributors ACTIVATE YOUR VOICE CLIFFORD FRIED Clifford has been a real estate lawyer for over 30 years focusing his practice on leasing law, rent control and occupancy issues. He has handled hundreds of trials and appeals in his career. He lectures on various real property issues and writes for several local apartment magazines and publications. He maintains the highest ratings by Avvo and Martindale-Hubbell and was named a “Super Lawyer” by San Francisco Magazine.
CHRIS MASTERSON Chris Masterson loves all things video, and works as marketing videographer for Buildium, an American property management software company founded in 2004 and headquartered in Boston providing cloudbased, real estate software solutions. He enjoys new high-tech toys, soccer matches and pizza.
MICHAEL SHEPHERD Michael Shepherd is the owner and lead attorney with The Shepherd Law Group. Michael Shepherd has practiced law for 15 years and has been involved in over 150 court trials, including over 20 jury trials to verdict. He has extensive experience with tort litigation defense including breach of warranty of habitability, as well as current litigation involving contracts.
JASON VAN STEENWYK Jason is a freelance writer and editor, as well as an avid fiddler. His articles have been published in a number of real estate publications including Wealth and Retirement Planner and Bankrate.com, as well as Buildium’s blog located at www.buildium.com/blog.
LANDLORDSTATION LandlordStation is a cloud-based property management software company based in Dallas. The company was founded in 2010 by a commercial real estate veteran who realized that there was a lack of well-designed products for independent landlords and property managers. LandlordStation works hard to make rental property owners’ lives a little bit easier with listings management, document management, local vendor searches and more.
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1. EBRHA On Your Side Have you experienced a situation or ruling that you feel infringed on due process as a property owner? We constantly hear about outcomes that are just plain wrong. EBRHA collects member experiences in order to make changes to a broken and biased system. Tell us your story today at www.ebrha.com 2. Grand Jury Complaints This investigative body looks at complaints received from citizens alleging mistreatment by officials, suspicion of misconduct, or government inefficiencies. To file a complaint, send an email to grandjury@acgov.org. 3. Attorney Complaints The Office of Chief Trial Counsel reviews complaints of unethical conduct by attorneys licensed to practice in California (this includes Rent Board hearing officers and tenant attorneys engaged in suspicious misconduct). To file a complaint, go to www.calbar. ca.gov, find the “Quick Links” on the left side, and then click on “Attorney Complaints” and complete the application.
EBRHA IS HERE FOR YOU. KEEP US INFORMED ON ANY COMPLAINTS FILED WITH THESE AGENCIES.
3664 Grand Ave l Suite B Oakland, CA 94610 P 510.893.9873 l F 510.893.2906 www.ebrha.com l news@ebrha.com
EBRHA has approved the following ‘Basic Principles’ drafted by the Public Policy committee. It is meant to encapsulate fundamental ideas shared by our EBRHA membership and to create a foundation for further political activities on behalf of the EBRHA membership. We welcome your comments and suggestions. We also welcome finally beginning a healthy dialogue with our neighbors about rental housing and how we can work together to solve the current housing shortage. Only by listening to everyone and sharing all of our experiences and data can we make real, measurable progress in addressing this critical need. EBRHA BASIC PRINCIPLES 1) About EBRHA The East Bay Rental Housing Association (EBRHA) represents rental-housing providers in Alameda and Contra Costa Counties. Our members provide quality, affordable housing, and are the bedrock of a vital, productive community. As residents and local families invested long-term in our communities, we personally feel the successes and failures of housing policies in our daily lives. We are our communities. EBRHA members are overwhelmingly mom-and-pop homeowners. For many of us, rental income is the primary source of retirement income. EBRHA members include union members, city employees, teachers, retired workers, and folks on fixed incomes. We include your aunt and uncle, grandparents, cousins, beat cops and firefighters, doctors and dentists, neighbors, etc. We share many concerns and interests with our customers; renters with whom we agree to provide impermanent housing on our properties. We support fair treatment for renters. We support existing Federal and State laws defining our rights and responsibilities. 2) EBRHA Basic Political Positions a. We SUPPORT rent subsidies for renters in real need, funded by the whole community. b. We SUPPORT the housing policies of most communities in the U.S. where functioning rental markets based on competition between owners keep rents fair, promote housing quality and encourage investment in maintenance and new construction to balance housing supply with demand. c. We strongly OPPOSE government imposed rent subsidy programs that assist renters that have no need, or that are funded by only an arbitrary subset of property owners. These programs (mislabeled “Rent Control”) only worsen housing shortages, damage their communities, and both overly burden the wrong owners and subsidize the wrong renters. 3) Our Vision for the Community a. Maintain ongoing, honest conversations with the community, informed by real data, about the costs and benefits of price controls on residential rents. b. Any rental assistance program is carefully designed to respect all stakeholders, achieve reasonable, rational objectives, and avoid unacceptable consequences, such as reducing much-needed housing investment thereby worsening housing shortages. c. Uphold the basic Constitutional rights of all citizens. The U.S. and California Constitutions established that all homeowners must receive Due Process in all government deliberations affecting their property. Sufficient time must be allowed for all stakeholders to be heard and for careful deliberations before creating housing policies. d. Subject all government housing programs to regular, independent evaluation to inform any changes, remove failing programs, and sunset all programs unless continued need is clearly demonstrated.
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title newshere San Leandro’s Tenant Relocation Assistance Program Put on Hold
EBMUD Board Of Directors Approve Water & Wastewaster Rate Hikes Board of Directors passed rate increases to water and wastewater services during a public hearing held Tuesday, July 11. The increases will cover a two-year period starting July 12, 2017 and July 1, 2018. Rates for water will increase 9.25% the first year and 9% the second. Wastewater rates will increase an additional 5% for a total of 23% over 2 years. EBRHA opposed the increases and argued that EBMUD provides no legitimate incentives for water conservation in multifamily buildings. EBRHA pointed out that sub-metering units—which would make the tenants responsible for their own usage— costs anywhere from $8,000 to $12,000 per unit. EBRHA also asked EBMUD to construct a program that incentivizes water conservation instead of penalizing owners who cannot control usage, and have no means to pass costs on to residents. According to EBMUD, approximately 560 written protests were submitted, nowhere near the majority needed to prevent the rate increases. EBRHA thanks all members who submitted their written protests opposing the water and wastewater hikes. THE EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD)
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San Leandro city council voted to put their proposed Tenant Relocation Assistance Program on hold and send the ordinance draft to their Rules Committee, which will continue to discuss and enhance the Program before putting it through another vote. “I think we oversimplified this tenant relocation assistance (law),” Councilman Benny Lee said at the meeting. The proposed law would have required some San Leandro rental owners to pay up to $10,000 in relocation costs to their tenants. “We have to look at how complex this really is, and … I think we need to revisit this. In the background of the stuff that I’ve worked on, we did a lot of computer simulations to simulate different activities, and I think, particularly with this, we have to basically look a lot more scenarios,” Lee added. Currently, the city of San Leandro has a Rent Review Program that provides reviews—and hearings if needed—of rent increases exceeding 7% or exceeding more than one rent increase within a 12-month period. EBRHA will provide updates on the proposed ordinance as they become available.
Register for EBRHA’s Renovation, Repair & Painting (RRP) Certification Course EBRHA members are invited to get Lead-safe certified through our
comprehensive Renovation, Repair & Painting (RRP) course, held on Wednesday, September 13 from 8:00 a.m. to 5:00 p.m. Why Should EBRHA Members Get Lead-Safe Certified? Homes and other buildings built before 1978 are likely to contain lead-based paint. All rental property owners that are considering conducting repairs or home improvements either on their own or with a contractor should be certified. Federal law requires that if an owner or someone on their staff is performing the work, the firm must be Lead-Safe Certified and the owner’s staff trained in lead-safe work practices. If not, owners could face tens of thousands of dollars in fines. Plus, non-certified
persons put their health and the health of others at risk, which could result in lawsuits. The Benefits of Becoming Lead-Safe Certified. EBRHA’s lead paint training courses will teach rental property owners the dangers associated with lead paint and how to remain safe when exposed to or handling lead paint. The Initial RRP class meets EPA and HUD requirements for lead-safe work practices training under the RRP Rule. EPA’s Renovation, Repair and Painting Final Rule (40 CFR 745) requires that renovations conducted for compensation, must be performed by Certified Firms using Certified Renovators. The use of lead-safe work practices makes the job safer and reduces liability exposure. Completing this training demonstrates a company’s compliance to prospective clients and can be a marketing advantage that distinguishes a company from the competition. The Course Format. The 8-hour RRP course was designed to train contractors or property owners who perform building renovations or repairs or painting and how to work safely and comply with the EPA regulations. The course addresses health concerns, regulations, before, during and after work procedures as well a recordkeeping and training non-certified workers. The class consists of a presentation of the new RRP regulations and hands on student participation. There is an exam at the end of the course and students must pass at 70%. Register for EBRHA’s RRP Certification Course at www.ebrha.com/events.
Save the Date for EBRHA’s 11th Annual Trade Expo & Symposium Join hundreds of rental property owners at EBRHA’s Annual Trade Expo & Symposium on Thursday, October 26, 2017 from 3:00 p.m. to 7:00 p.m. Meet with top local vendors, get up to date on the latest industry news, attend educational workshops, network with other owners and enjoy complimentary food and beverage. The Expo will be held at the Greek Orthodox Church on Lincoln Avenue in Oakland and admission is free for EBRHA members. Register today at www.ebrha.com/expo. RH
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EVENT PHOTOS
State Legislators Get an Earful From EBRHA Members EBRHA members packed our office on Fri-
day, July 7 to meet with Assembly members Tony Thurmond, Rob Bonta and Senator Nancy Skinner to discuss state housing policies that affect rental property owners. All three legislators acknowledged that there is room for improvement when it comes to state rental housing regulations, and more incentives are needed to spur housing development. They also recognized serious problems with current state and local rental housing regulations and expressed a willingness to meet further with EBRHA members to find solutions. (Note: State legislators do not directly affect local policies, laws and regulations.) During the meeting, members shared their frustrations with how the current system unfairly burdens small rental property owners. For example, in Oakland, owners of privately subsidized (rent controlled) units can only increase rents by 2.3% in 2017, and capital improvement increases are now severely restricted. At the same time, fees for garbage/recycling, water, gas and electricity keep going up, along with city-imposed business taxes, and rent board and inspection fees. Together, these costs and restrictions are making it difficult for small “mom-and-pop” owners of just a few units—the majority of EBRHA members—to stay in business. While the legislators reminded EBRHA members that local laws are set by local—not state—legislators, attendees reminded them that state laws set the background for excessive regulations and enable, even encourage, local cities to over-regulate housing. EBRHA members also stated clearly that Costa-Hawkins was a critically important protection that owners absolutely had to maintain, an absolute ‘line in the sand.’ EBRHA members also expressed serious concerns for the court system that currently allows simple nonpayment evictions to be delayed for an unreasonable length of time, forcing owners to agree to outrageous, expensive, and unfair settlements. EBRHA members
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TO SEE UPCOMING TOWN HALL MEETINGS AND EVENTS, GO TO WWW.EBRHA.COM/EVENTS
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want state relief to shorten nonpayment eviction timelines and to require rent in non-pay evictions be deposited in an escrow account to reduce fraudulent defenses. Finally, EBRHA members objected strenuously to subsidizing tenants living in rent-controlled units that have the means to pay for market-rate housing. This is the only housing subsidy program with no income requirement, directly reducing affordable housing options for those truly in need. EBRHA proposed “means testing” to ensure that the apartments owners are forced to subsidize are reserved only for residents in need of assistance. When legislators objected that they did not know how to do that, EBRHA offered to provide them written proposals from other cities where it works. Regarding the negative impact on housing production from excessive rent regulations, EBRHA proposed a legislative “trigger” that cities be required first to meet their obligation to build rental housing, before the state will allow rent restrictions on private property owners. While members and legislators acknowledged the very real challenge of NIMBYism, where neighborhoods oppose the construction of rental housing, EBRHA members stated clearly that punishing small rental owners was unfair, illogical and unproductive. Cities that create a housing shortage by failing to allow more
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housing must not be allowed to punish existing small owners for a problem they did not create. When asked what they were doing to encourage more residential development, the legislators cited the importance of streamlining the permit process, governmentfunded subsidies for inclusionary housing, transit-oriented development and making sure impact fees are not prohibitive. Senator Skinner admitted candidly that she now recognized that rent regulations could become “excessive” and that “affordable” housing construction would never produce the number of housing units to solve the shortage and that more market housing was necessary, despite activists claims to the contrary. EBRHA members then strongly supported Assemblymember Thurmond’s suggestion that a “working group” be formed to develop solutions to these problems. If any legislators are truly serious about working on real solutions, EBRHA will participate fully and keep members informed. On behalf of all members, EBRHA thanks Senator Skinner and Assemblymembers Thurmond and Bonta for listening to small owners’ concerns and sharing ideas. EBRHA looks forward to working with all three legislators to develop housing policies to address the current shortage while reflecting the concerns of ALL of the stakeholders. RH
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tenant screening
The Adverse Action Notice
Ensure compliance to Fair Housing laws with this easy-to-use rental form. BY LANDLORDSTATION
W
hile tenant turnover is something that every rental property owner or manager deals with at one point or another in their career, it can be a pain. You will need to list your property for rent, receive applications, perform tenant screenings, and choose your next tenant, all while finding that careful balance of speed and accuracy. It’s a fair assumption that you will be receiving multiple applications for that rental, but no matter how many you receive, you will need to provide an Adverse Action Notice to anyone that you run a background check on and do not accept or for whom you alter the conditions of acceptance based on a background check. 12 RENTAL HOUSING
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person’s credit characteristics, character, general reputation, and lifestyle. A report also may include information about someone’s rental history, such as information from previous property managers or from public records like housing court or eviction files. To be covered by the FCRA, a report must be prepared by a CRA—a business that assembles such reports for other businesses. The most common type of CRA is the credit bureau. What Are some Examples of a Consumer Report? The following are some examples of a consumer report: a credit report; a criminal, and/or eviction report prepared by a Consumer Report Agency such as TransUnion, Equifax, or Experian; a tenant screening with rental history and/ or records attached to it; a reference check done by a third party hired by the property manager (though reference checks performed by the manager or their direct employee may not be considered a consumer report).
When Would You Need to Supply an Adverse Action Notice? The Adverse Action Notice is not limited strictly to applicants that you are denying the tenancy to. While applicants that you have turned down for the rental should receive this notice, you will also What Is an Adverse Action Notice? be required to provide an Adverse Action An Adverse Action Notice is a letter Notice to an applicant that you are that is required by federal law through accepting, but have set additional condithe Fair Credit Reporting Act (FCRA) tions for that acceptance that you may which tells someone that they are being not have set for other applicants. denied or conditionally accepted for A few instances that could require something (in this case housing) based an Adverse Action Notice would be: if on the contents of a credit report or you are turning the applicant down for background check. You must provide the rental; if you are charging a higher the letter to any applicant on whom you deposit due to something found on the have run a consumer report and intend screening; or if you require a co-signer to either deny or alter your criteria in due to something found on the screening. order to accept them as As a rule, if you “It’s a good pracyour tenant. require anything of one tice to have a stanapplicant that you may dard Adverse Action What is Considered a not require of someone Notice that will go Consumer Report? that met all of your out to every appliA consumer report conusual standards, you tains information about a cant that needs one.” will need to provide
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PHOTO: WOODLEYWONDERWORKS VIA FLICKR / CC BY 2.0
COLUMN
them with this letter to explain why. In many cases, they will be eligible to receive a copy of their credit report directly from the credit agency that the report has been run through, and part of what you will provide to them will be the contact information so that they may easily do this. What Information Goes Into an Adverse Action Notice? It’s a good practice to have a standard Adverse Action Notice that will go out to every applicant that needs one (Editors note: you can download EBRHA’s Adverse Action Notice by logging in to www.ebrha.com/forms). This will help to make sure that you are keeping things fair to each applicant and that you are providing all of the information legally required of you. While you should always check local and federal laws to make sure that you are providing correct and up-to-date information, a few things to make sure are noted on an Adverse Action Notice are: the owner/property manager’s name; the property that was being applied for; the date that the notice is being given; the applicant’s name; information about why they are receiving the Adverse Action Notice; and if they are being denied or if additional conditions may be set for acceptance. In addition, the Adverse Action Notice should contain the following: contact information for the CRA (such as Trans-Union, Experian or Equifax) that the report was run through (including a toll-free number for that CRA); an explanation that the applicant has a right to dispute the information with the CRA if they believe they have inaccurate information on file; an explanation that the applicant has a right to a free credit report within 60 days; and a note stating that the CRA did not make the final decision. Uses For an Adverse Action Notice You will likely have many pieces of information that you look at during the screening process. Between the credit report, criminal report, eviction report,
references that you follow up on, and any other number of documents you may choose to check, there can be an overload of information. The fair housing laws dictate what you as an owner/property manager may and may not use to influence your final decision when you are choosing a new tenant. The laws are set up to protect your rental applicants from discrimination. What You Shouldn’t Use to Turn Down a Rental Applicant It’s important to know some of the reasons owners may not reject an applicant. The following are some examples: Anything that discriminates against an individual from a protected class—The Fair Housing Act (FHA) prohibits an owner/property manager from discriminating against an applicant or tenant on the basis of race, color, religion, national origin, sex, disability and family status. Local laws may add additional groups to this list. Strictly based on an applicant’s criminal history, without proof that the individual is a danger to others—The U.S. Department of Housing and Urban Development (HUD) released a set of guidelines in early 2016 that said that while individuals with criminal records are not necessarily considered a federally protected class, blanket denial of any applicants for having a criminal record of any kind may lead to discrimination based on race or color. Having a service animal in a no-pet rental—Many owners have valid concerns over pets being in their rentals, but a service animal is not considered a pet. You may not charge a new tenant more for allowing their service animal to reside with them, nor may you deny their service animal access to the rental. If the pet damages the property, you will be allowed to deduct that from their security deposit at the end of their stay. What You May Use to Turn Down a Rental Applicant The following are reasons that an owner may use to reject an applicant: Information found in their credit
report—You are allowed to set minimum requirements for credit scores, negative tradelines or anything else found within their credit history. Information found in their criminal report—If your applicant’s criminal report returns with information showing that they may pose a threat to your rental, neighbors or anyone else, you may turn them down as long as you use the same qualifiers for everyone. Rent versus income ratio—If your applicant does not make enough money at their current employment position to adequately cover the debts they owe and rent every month, they are not a good choice for you. Many owners require that the applicant make at least three times the monthly rent. Prior evictions—A rental applicant that has been evicted before may not be someone you want to immediately welcome into your rental. Too many people wanting to move in—You are allowed to put reasonable limits on how many people may live in the rental unit as long as those limits don’t cause you to discriminate against families. In the end, you have a lot of flexibility in what you can use to choose to deny an applicant as long as you are not discriminating against a class protected by the Fair Housing Act. What Can Happen If You Do Not Provide What is Required? You will want to make sure that you follow the letter of the law, both federal and local. This may take some extra work, but it’s worth it. If you miss a step or are found acting contrary to the law, you may open yourself up to a lawsuit, which will cost you in time, money and stress. If you lose that lawsuit, you may be on the hook for the tenant’s legal fees as well. RH
This article was published with permission from LandlordStation, a cloud-based Property Management Software company based in Dallas, Texas. For more information go to www. landlordstation.com ebrha.com
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FEATURE
Your Wo Nightma PHOTO: LOUENTO.PIX FLICKR / CC| BY 2.0 14 RENTAL HOUSING VIA 2017 ebrha.com | AUGUST
orst are
Your tenant has reported bed bugs. Now what? BY CHRIS MASTERSON
B
ed bugs are probably everyone’s worst nightmare, but they don’t have to be if you follow some of these simples tips and best practices.
Things to Avoid
There are a few things you should absolutely avoid doing. Do not: Underestimate them—While bed bugs aren’t considered medically harmful and don’t transmit diseases between humans, they multiply quickly and their bites can cause serious skin irritations. Research has also shown that bedbug victims can suffer from anxiety, depression and paranoia, so take your tenants’ reports seriously and act quickly. Never assume that the situation will handle itself or that your tenants can take care of it. Handle it yourself—You might be a great handyman, but bed bugs require professional extermination. They’re resistant to nearly all store-bought chemicals and require advanced techniques to eliminate them. Whether it’s chemical, heat or fumigation, only a professional can determine the proper response. Not to mention, in many states, only licensed Pest Control Officers (PCO) are allowed to administer treatments by law. Bed bugs are very sensitive to disturbances in their environment, so home remedies only serve to drive them into hiding (or into adjoining units, but more on that later). Place blame—It’s easy to assume the tenant who found the bugs brought them into the building. In many states, this doesn’t even matter: rental owners are required to pay for bedbug treatment no matter what. However, even if a tenant recently traveled or brought in second-hand furniture, it is nearly impossible to prove where the pests came from. Bed bugs are mostly nocturnal, and 30-50% of people don’t react to bites, allowing them to go undetected. That, combined with their ability to survive ebrha.com
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A Reminder on New Bed Bug Disclosure Laws
NO ONE WANTS BED BUGS IN THEIR PROPERTIES, but for some rental property owners and tenants, they are a fact of life. Because owners are under a duty to ensure their properties are safe and habitable, they are required to address bed bug problems when they arise. Recently enacted bed bug laws now require California rental property owners and managers to take on additional duties and responsibilities. The new laws, which go into effect in 2017 and 2018, require owners to make new bed bug disclosures, while prohibiting owners from retaliating and renting units known to be infested with bed bugs. Tenants, under the new law, must cooperate with inspections and treatment of bed bugs. Starting July 1, 2017, an owner shall provide to all new tenants written notice in at least 10-point font containing the following information: • • •
Educational information about bed bugs The procedure to report suspected infestations to the owner A statement that the tenant shall cooperate with the inspection and facilitate the detection and treatment of bed bugs
The written notice must also be provided to existing tenants by January 1, 2018. Fortunately, the new law provides owners with the language that is necessary to comply with this requirement, and the form has been made available to members at www.ebrha.com. EBRHA members should include the notice with all new rental agreements starting July 1, 2017 and deliver the notice to existing tenants by January 1, 2018. To download the bed bug disclosure rental form, as well as other recently-updated forms, go to ww.ebrha.com and sign in to your member account, and click on “Forms” and go to the “Addenda” forms category. RH
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dormant for as long as two years, means that they can be left by previous tenants, even through a lengthy vacancy. The only thing that matters is that the bugs are there and they need to be dealt with. Focus on one unit—The most common misconception about bed bugs is that they only live in beds. In truth, they’ll live anywhere dark and hidden, including under carpets, in baseboards or moldings, and even inside walls. They can easily move through a multi-unit building, so if bugs are found in one apartment, the first step should be to professionally inspect all adjoining units to see how far the infestation has spread. Assume they’re gone after one treatment—It’s important to remain diligent about regular treatments and follow-up inspections. Typically this means treatments and inspections every 1-2 weeks. Because bed bugs breed so quickly, time is of the essence. Don’t expect your PCO to be timely on their own. Call them up and make sure your follow-ups are scheduled.
Things You Should Do
And here are two things you absolutely should do when it comes to bed bugs: Communication with tenants—Communicate with your tenants and make it clear that the situation is being taken seriously. Including educational content in your move-in packet will help your tenants recognize and report bed bugs (Note: See sidebar for information regarding California disclosure requirements). Include addendum in your lease— Adding an addendum to your lease will help ensure that tenants report infestations and cooperate with treatments, saving you headaches in the long run. (Note: EBRHA members can download a Bed Bug Addendum by logging into www. ebrha.com and go to the “Addenda” in the “Forms” section). With proper cooperation, communication and treatment, bed bugs don’t have to be a management nightmare. RH Reprinted with permission from Buildium. For more articles, go to www.buildium.com/blog. Buildium is an American property management software company. It was founded in 2004 and headquartered in Boston, Massachusetts, providing cloud-based, real estate software solutions. Chris Masterson loves all things video, and plies his trade as Buildium’s marketing videographer and Blog content provider. Go to www.buildium. com to learn more.
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FEATURE
Mold Prevention and Mitigat Tips PHOTO: M. FORTUNE BY 2.0 2017 18 RENTAL HOUSING/ |CC AUGUST
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tion
Safeguard your rental from mold and maintain habitability standards with these best practices. BY JASON VAN STEENWYK
M
old can be highly destructive to your buildings, highly toxic to your residents, and highly damaging to your profits, too. While there is always a base level of mold in the air, letting a mold problem fester in your building can potentially cost larger property owners millions in repairs, lost income from uninhabitable units and liability to tenants. In 1996, a Florida jury found a construction company liable for $14 million in damages as a result of construction defects that led to mold contamination. A Texas jury awarded a homeowner more than $32 million (later reduced to $4 million) from her insurance company over a moldrelated claim.
Mold Prevention Challenges for Building Owners The multifamily and high-rise environment poses some particular challenges: maintenance on residential dwellings is often inadequate; management does not control ventilation inside units; mold can accumulate in vacant units unless managers are proactive; actions or neglect from one resident can affect many tenants; and current owners may inherit years of neglect and hidden mold problems from previous owners. So what can you do to prevent mold problems from occurring, or to remediate them once they’ve begun?
How to Prevent & Mitigate Mold Issues
Secure & Leak-Proof Building Exteriors—The battle against mold is ultimately a battle against moisture. You can take the following steps to protect your tenants, as well as your investment: • Regularly clear debris from the roof and rain gutters • Use landscaping to ensure that ground slope guides rainwater away from your building • Deploy mold-resistant plastic (at least 6mm of polyethylene) between your building’s foundation and the surrounding topsoil, as well as in interior crawlspaces, especially at ground level. This creates a barrier to moisture seeping in from the ground.
Safeguard Your Staff Against Mold Exposure
Your maintenance crew needs to have the right tools to protect themselves against toxic mold, as well as to fight mold where it may appear. Failure to provide adequate protective equipment is a common OSHA violation, and you could face nasty fines that ebrha.com
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REGISTER NOW! How to Handle Subtenants, Assignees & Visitors in Your Units Date: Thursday, September 14 Time: 2:00 p.m. - 3:30 p.m. Price: Members: $39; Non-Members: $69 Presented by: Clifford Fried, Attorney, Fried & Williams LLP What is the best way to handle roommate requests? What should an owner do when their tenants are subletting without permission? What is the proper way to notice your tenants about unauthorized occupants? These questions and more will be answered at this informative workshop presented by attorney Clifford Fried. The workshop will address the difficulties rental property owners face in controlling who occupies a rental unit. In rent and evictioncontrolled cities, it is extremely important that owners are familiar with proper procedures. Workshop topics include: • Current and recent changes to subleasing laws • Adding sublease provisions to rental agreements • Assignments • Owners’ rights under Costa-Hawkins • Visitors • Short-term rentals • And more!
ABOUT THE ATTORNEY Clifford Fried has been a real estate lawyer for over 30 years, focusing his practice on leasing law, rent control and occupancy issues. He has handled hundreds of trials and appeals and he lectures on various real property issues throughout the Bay Area. He maintains the highest ratings by Avvo and Martindale-Hubbell, and was named a “Super Lawyer” by San Francisco Magazine.
RSVP today at ebrha.com/events or 510-893-9873 20 RENTAL HOUSING
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cost much more than the equipment does. At a minimum, provide your crew with the following: • Mold-rated face masks, an N-95 respirator, or similar • Protective gloves made from nitrile, natural rubber, neoprene, polyurethane, or PVC • Unventilated protective goggles Note that OSHA rules also require employers to ensure that protective equipment fits properly.
Focus on Key Problem Areas for Mold Growth
Mold can accumulate anywhere, but the most common danger zones for residential buildings are well-defined: washing machine hoses; shower tile grout and shower curtains; bathtubs; water heaters; windows (watch for condensation; roof leaks; plumbing leaks (both under sinks and inside of walls); and rainwater leakage into basements, doorjambs, and entry ways and the building foundation.
Leverage Mold-Mitigating Technology
You can’t be everywhere at once—but with modern advances in low-voltage technologies, you can substantially improve your moisture management program. Property owners can invest in leak/ moisture alarms in vulnerable areas, like near pipes, HVAC units and water heaters. These are inexpensive, easy to install, and can integrate directly with your existing smart building technology. Another option is to connect fans, dehumidifiers and A/C units to humidistats. These are devices that work similarly to thermostats, except they switch on your AC or vent fans when the relative humidity reaches a certain point. Mold begins to accumulate at 68% relative humidity, but for the best result, set your humidistats to 58%.
Hold Renters Accountable for Mold Issues
Tenants are the first line of defense against mold in their own homes. If your lease does not spell out who’s responsible for preventing and mitigating mold, start
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by adding a mold addendum to every agreement when it comes up for renewal (Editor’s Note: A mold and mildew addendum is available on EBRHA’s website). This helps to protect you in the event that their negligence causes damage. It’s also a good idea to require all tenants to purchase renters insurance, which can protect both you and your tenants from the costs of mold damage.
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Most people don’t want to live in a mold-contaminated environment. Enlist your tenants as your main defense against mold contamination by educating them. An easy-to-understand educational resource that property managers can distribute to new and existing tenants should include the following keypoints: maintaining acceptable indoor humidity levels; how to spot condensation; running ventilation fans while showering, washing dishes, doing laundry, etc.; how to report leaks or water damage; using hood ventilators when cooking; how to shut off the water supply to an appliance if necessary.
Don’t Rely on Insurance to Cover Mold Damage
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© 2017 CBRE, Inc. Photos herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited. CBRE and the CBRE logo are service marks of CBRE, Inc. and/or its affiliated or related companies in the United States and other countries. All other marks displayed on this document are the property of their respective owners.
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Your insurance policy is not designed to protect you from the cost of mold damage due to chronic neglect. If you allow mold to fester for months or years when you reasonably should have known that there was a problem, your insurance policy will likely not cover it, and neither will a standard flood insurance policy. It’s imperative to be vigilant and proactive about preventing and mitigating mold infestations wherever they occur. RH The information contained in this article is general in nature. Consult with an attorney or professional for specific advice. Reprinted with permission from Buildium. For more articles, go to www.buildium.com/blog. Buildium is an American property management software company. It was founded in 2004 and headquartered in Boston, Massachusetts, providing cloud-based, real estate software solutions. Go to www.buildium.com to learn more. Jason is a freelance writer and editor, as well as an avid fiddler. His articles have been published in a number of real estate publications including Wealth and Retirement Planner and Bankrate.com.
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FEATURE
Winning a
24 RENTAL HOUSINGVIA PHOTO: KENNISLAND FLICKR /2017 CC BY 2.0 | AUGUST | ebrha.com
Jury Trial Even in Alameda County’s tenant-friendly courts, it’s possible for rental property owners to prevail. BY MICHAEL SHEPHERD
A
lameda County and its juries are well known as being tenant friendly. Wins for rental owners do not happen very often. However, there are rare occasions when the law and facts are in favor of the owner and they prevail. In the most recent nuisance case tried by The Shepherd Law Group, the case was won before a jury of 12. The case was tried against two attorneys from the East Bay Community Law Center.
The Details
This case—an Unlawful Detainer—had been filed in November 2016, but it was not put before a jury until March 2017. Unlawful Detainers are summary proceedings that should have a trial date 20 days from the date of the first request. The owner in this case was not afforded the right of a summary proceeding. However, he prevailed in the end and was awarded possession of the unit. Between January 20, 2017 and up until the case was put before a jury, the owner’s attorney tried relentlessly to settle the matter before taking the case to trial. The tenant’s attorney systematically denied each offer, making comments such as “you’re wasting your time” and “she is not moving out.” The owner’s attorney tried to offer money and asked the tenant’s attorney for a number. The tenant’s attorney refused to provide a reasonable figure. The owner was left with no ebrha.com
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“The attorney presented the owner to the jury as a caring, thoughtful considerate person, explaining that the only reason the owner was before them was because he was at his wits end and needed the help of a jury. The jurors were told that the owner needed to protect the quiet enjoyment rights of the next door neighbors by removing the nuisance tenant.” choice but to take the tenant before the jury to remove her from the property because of her nuisance behavior.
Background
The tenant had lived at the property for over 13 years. She ran a children’s day care out of the one-bedroom apartment in a multi-unit building in Oakland. She kept her unit in unclean and unsanitary conditions and had roaches. The tenant’s neighbors kept their unit clean, but cockroaches began to enter their unit from common walls. The neighbors complained to the owner, who was familiar with the nuisance tenant and the condition of her unit. The owner served her with written notices after having given several verbal warnings to clean up her unit. The owner offered several times to have a pest control company do a treatment and even offered to hire movers to help move her belongings so that the pest control treatment could be done successfully. The owner offered the phone number of the pest control company to the tenant on more than one occasion. The tenant did not clean her unit, did not call the pest control company, and did not accept the offer to hire movers. The tenant was a borderline hoarder, with boxes stacked almost to the ceiling, excessive amounts of stored food and items blocking the exit. The tenant’s uncooperative behavior led to the owner having no choice but to serve her with a 3-day notice to quit. The tenant requested a jury trial after the owner made the first request for a court trial.
The Jury Selection
While a jury trial for nuisance has many elements that make for a successful outcome, jury selection, verdict form and credible witnesses are key to a victory for an owner. Jury selection went for two days with voir dire taking place a half day each day. The owner’s attorney looked for jurors that were rental property owners, had young children, and people who could be unbiased given the facts of the case and the parties involved. The owner had to have at least nine jurors on his side going into the trial. The owner’s attorney selected two men with children, a woman 26 RENTAL HOUSING
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who was a landlord, several homeowners, and a person in the business of real estate. The jury was a mix of races and ages as well as educational backgrounds. The jury was engaged and appeared to be ready to apply the facts to the law.
The Trial
The attorney presented the owner to the jury as a caring, thoughtful considerate person, explaining that the only reason the owner was before them was because he was at his wits end and needed the help of a jury. The jurors were told that the owner needed to protect the quiet enjoyment rights of the next door neighbors by removing the nuisance tenant. The owner took photos of the conditions inside the tenant’s unit before the trial started. The photos showed the jury a clear picture of how the tenant maintained her unit prior to her attorney’s getting involved and prior to the case being filed. The tenant did a motion in limine to not allow anyone to use the word “hoarder.” The tenant won that motion which meant no one could use the word “hoarder” in the presence of the jury. Despite that, the photos spoke for themselves, showing that the tenant was clearly a hoarder and had poor housekeeping habits which contributed to roaches being both in her unit and traveling to the next-door units. The plaintiff hired a private housing inspector with knowledge of roach activity to do an inspection of the property. He found that the unit did have roaches. There were several factors: roach flogger cans, dead roaches on top of the cabinets and dead roaches behind the stove.
The Tenant’s Testimony
The tenant was put on the stand first and denied that she had roaches. She even denied that she read the notices that were served to her. She claimed that she took the warning notices and stored them away. The tenant put on a defense that the owner had acted in bad faith and had yelled at her. She claimed she did not get served with a 3-day notice, yet in her reply to her discovery she said she had been served. In other words, the first day of trial was full of lies from the tenant. The next day, she was still on the stand and she changed her testimony, claiming she did not understand the questions from the day before and she was nervous. The tenant claimed that she was not offered the phone number of the pest control service, and then she claimed she thought should would have to pay for the pest treatment because another tenant had paid. She offered no evidence regarding the other tenant’s payment for pest treatment. The owner had paid and was more than willing to pay for her treatment had she called the pest control company.
The Owner’s Testimony
The owner was then put on the stand. He simply testified that he was at his wits end. He stated that he gave the tenant verbal and
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written notice and offered her money. He had a Spanish interpreter there with him to ensure that the tenant understood his request. The owner had made several improvements at the property that benefited all the tenants. One juror wanted to know if making money and caring for tenants can live in harmony. The owner answered “absolutely.” The tenant’s attorney tried very aggressively to impeach the owner on dates that treatment had taken place in other units. It should be noted that the tenant’s attorney was very theatrical in her questioning. She became so aggressive that the owner began to cry on the stand. He presented himself as a person concerned for the well-being of his tenants. He was a credible witness.
The Next Door Neighbor
The next credible witness was the next door neighbor who was suffering with a roach problem at the hands of the nuisance tenant. The key to a nuisance case is to have the affected tenant be a witness at the trial so they can tell their side of the story. The next door neighbor told the jury how she was afraid to have her nephew spend the night, that there were roaches in the bathtub and how it was affecting her relationship with her partner. She sincerely explained how she could not invite people over for fear that a roach would come out. She made it clear to the jury that the roaches were affecting her peace and quiet enjoyment of the property.
The Verdict
The jury in this case was patient and attentive. The trial lasted nine days and ruled in favor of the owner. It is very important to get feedback from jurors after they have issued a verdict. In this case, the plaintiff’s counsel spoke with a juror after the verdict. The juror explained how the other jurors were easy to get along with, and that the owner showed that he acted in good faith and that he did not have unclean hands. If the jury had found that he acted in bad faith, he likely would have lost the case. Good faith, honest intent and no ulterior motive are points to be pled and proven by the owner. During the jury delibera-
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tions, the owner once again offered the tenant money and time to move out. The tenant declined the offer. The owner in this case treated all his tenants equally and that showed through the owner’s testimony and that of other witnesses. Once the case was over, the jury was given a verdict form. The verdict form is what the jury places their ruling on. The verdict form can also be used as an outline for the opening and closing statements, giving the jury each point that the owner must prove or disprove. The points are stated and facts are presented that support each point. The verdict form also has the tenant’s affirmative defenses. In this matter, the verdict form consisted of the elements to prove nuisance, good faith, honest intent and no ulterior motive. The form also had the “unclean hands” questions with regards to the owner’s actions, the question of retaliation by the owner and a question about discrimination. The verdict form also included a question about dominant motive. The tenant tried to show that the owner was discriminating against her because she was Latina. However, there were eight other Latinos who lived in the building. The tenant tried to claim retaliation, but the tenant had not complained about any need for repairs. The owner showed that his dominant motive for serving the 3-day notice to quit was because the tenant was a nuisance and violated the peace and quiet of other tenants.
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East Bay Rental Housing Association 3664 Grand Ave, Suite B Oakland, CA 94610 TEL 510.893.9873 | FAX 510.893.2906 www.ebrha.com 30 RENTAL HOUSING
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In conclusion, the owner must be clear on his/her dominant motive for serving any notice, must provide the court with credible witnesses and their attorney must select a jury that will be attentive to the facts and not persuaded by emotion. The verdict form must be clear and concise so that the jury will not have any difficulty in using it to make their ruling. RH The information contained in this article is general in nature. Consult with an attorney for any specific advice. Michael Shepherd is the owner and lead attorney with The Shepherd Law Group. He has practiced law for 15 years and has been involved in over 150 court trials, including over 20 jury trials to verdict. He can be reached at 510-531-0129 or theshepherdlawgroup@ netzero.net.
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COLUMN
esq. & a
Subtenants in Your Rental Units Owner’s rights under the Costa Hawkins Rental Housing Act. BY CLIFFORD FRIED
Q
I had two tenants sign a rental agreement and now one of the two is moving and wants his friend to take his place. What should an owner do when an original occupant who took possession under the rental agreement with the owner moves out, no longer permanently resides in the unit, and a replacement roommate takes the place of the departing original occupant? My property is in Oakland and is subject to the Rent Adjustment Ordinance.
A
The Costa Hawkins Rental Housing Act permits an owner to raise the rent to market to a subtenant or assignee, when the last original occupant who took possession pursu32 RENTAL HOUSING
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the rental agreement. Return such rent payments and ask that the tenant on the lease make the payment. 2.) Never sign an agreement with a subsequent occupant, subtenant, guest or anyone who didn’t sign the original rental agreement. If the owner consents to the substitution, allow it to happen, don’t object, but don’t sign anything with the new occupant. If the departing tenant insists on something in writing, write them a note saying “goodbye.” Signing an agreement with the subsequent occupant arguably creates a new tenancy for purposes of Costa Hawkins. 3.) Avoid communicating with a subsequent occupant, subtenant, guest or anyone who didn’t sign the rental agreement. Don’t exchange emails or letters with these people. 4. Avoid serving notices on a subsequent occupant, subtenant, guest or anyone who didn’t sign the rental agreement. Since they are not your tenants, don’t increase their rent or change the terms of their tenancy. They have no tenancy with you. One of the difficulties landlords have in not waiving their rights under Costa Hawkins is that most local rent laws define “tenant” to include subtenants. Sometimes, these local laws will require you to provide a benefit to a subtenant which would not be required under State law. Some attorneys recommend that when a subsequent occupant, subtenant, guest or anyone who didn’t sign the rental agreement moves in, a notice should be served stating that they are not considered an original occupant pursuant to the rental agreement and that when the last original occupant vacates, the rent will increase under Costa Hawkins. There is no harm to serving such a notice, but it isn’t required by law. But this notice should not be an agreement! —CLIFFORD FRIED
ant to the rental agreement no longer permanently resides in the unit. This law doesn’t apply to partial changes in occupancy. All original occupants must vacate before the owner can raise the rent to market. Costa Hawkins isn’t clear about what constitutes an original occupant who took possession pursuant to the rental agreement. Some published decisions seem to say that an original occupant is a person who moved in with, and at the same time as, the tenant who signed the original rental agreement. Other decisions seem to say that if the original rental agreement permits subleasing, then a subtenant can be an original occupant who took possession pursuant to the rental agreement. Some rent boards take the position that if the owner treats the subsequent occupant as a tenant, they become an original occupant under Costa Hawkins. An owner does this by either entering into an agreement with the subtenant, taking rent from the subtenant, or communicating with the subtenant as if they were the original occupant who signed the rental agreement. “Some rent boards Because of the uncertake the position tainty in the law, and the that if the owner position taken by the treats the subserent boards, it is recomquent occupant as a mended that owners: tenant, they become 1.) Never take rent an original occufrom a subsequent occupant under Costa pant, subtenant, guest or Hawkins.” anyone who didn’t sign
ebrha.com
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.
Expertise and Representation on Rent Board Petitions, Hearings and Appeals info@rentboardmatters.com
Liz Hart
510-813-5440
LEFTOVERS?
Pass Them On. Or Come Shop. Tenants leave things? We receive discards and sell them for reuse. No promises before seeing. We also pick up. 3 acres, well organized.
URBAN RE To End the Age of Waste
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ASSISTING PROPERTY OWNERS WITH THEIR LEGAL NEEDS SINCE 1975. Effective. Efficient. Economical. 510-839-2067 TheEvictors.com
http://urbanore.com
ebrha.com
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COLUMN
the green sheet
Save Money with Water Conservation WATER SAVING PROPERTY IMPROVEMENTS
are a simple way to save money while addressing drought conditions in California. With increasing water costs, efficiency improvements can help you achieve savings on both your water and energy bills. Recent State law also requires all multifamily buildings to upgrade their plumbing with efficient toilets, showerheads, and aerators by January 1, 2019. Rebate and on-bill financing programs offered by utilities can help multifamily property owners make these improvements, lowering operating costs and help meet the new State codes. Contact your local water agency to find available rebates. If the City of Hayward or East Bay Municipal Utility District is your water provider, you can also participate in their unique on-bill programs offered in partnership with the Bay Area Regional Energy Network (BayREN) to make efficiency improvements with no upfront cost and immediate bill savings. BayREN Water Bill Savings Programs help multifamily property owners install efficient items such as toilets, showerheads, aerators, and in some cases, lighting and other common area energy measures. The Water Bill Savings Program offers efficiency measures that exceed code requirements and deliver significant utility bill savings. Contractors perform a free site assessment, determine what improvements will save you the most water and energy, and complete your project at no up-front cost. Your utility 34 RENTAL HOUSING
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pays the contractor and adds a repayment charge that is significantly less than your estimated utility bill savings to your water bill. Visit GreenHaywardPays.com or email waterconservation@ ebmud.com for more information. Get a jump on these water conservation programs before they are no longer available! If you are interested in participating in the Water Bill Savings Program or want to learn how to make the program available through your water agency, contact Tatiana Gefter directly at tgefter@frontierenergybki.com or 510-463-6119. RH
ebrha.com
information & resources RECYCLING & DISCARDS MANAGEMENT
City of Alameda 510.749.5840 Albany 510.528.5766 Berkeley 1 - 9 UNITS 510.527.5555 10+ UNITS 510.981.7270 www.ci.berkeley.ca.us/pw/swm.html Emeryville 510.613.8710 Oakland 510.238.SAVE (7283) www.oaklandrecycles.com Household Hazardous Waste 800.606.6606 www.household-hazwaste.org REBATE PROGRAMS
EBMUD 866.403.2683 | www.ebmud.com PG&E 800.933.9555 | www.pge.com/res/rebates LOCAL GREEN ORGANIZATIONS
B.A. Green Business Program 510.567.6770 | www.greenbiz.ca.gov Build It Green 510.845.0472 | www.builditgreen.org Recology 415.875.1000 | www.recology.com StopWaste.Org 877.786.7927 | www.stopwaste.org FREE WEATHERIZATION PROGRAMS
Rising Sun Energy 510.665.1501 x17 Spectrum Community Services 510.889.0921 BO - Enterprises 408.354.1900
EBRHA.COM | 510.893.9873
Shopping for a mortgage? Jain Williams, Agent State Farm Agent jain@jainwilliams.com Oakland, CA 94619 Bus: 510-530-3222 NMLS #139716, NMLS MLO #917830 MLO License #CA-DBO917830
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APPLIED WATERPROOFING SYSTEMS
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Commercial & Residential Buildings Balconies Walkways Garage Coatings
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FRANK FIALA ROOFING, INC. All Types of Roofing & Repairs 15, 20, 25 Year Manufacturer’s Guarantee
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Lic. #686707 ebrha.com
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community calendar EVENTS & CLASSES
august
september
NO WORKSHOPS OR EVENTS IN AUGUST
MONDAY, SEPTEMBER 4 EBRHA Office Closed — Labor Day WEDNESDAY, SEPTEMBER 6 Oakland Rent Board Roundtable An informal discussion on rent board hearings Free to members only, 4:00 p.m. - 5:30 p.m. TUESDAY, SEPTEMBER 12 Simple Ways to Increase Your Income Presented by John Caronna, Coldwell Banker Free to Members & Non-Members 6:00 p.m. - 7:30 p.m. WEDNESDAY, SEPTEMBER 13 Renovation, Repair and Painting Certification Class Presented by Benchmark Environmental Members: $250; Non-Members: $350 8:00 a.m. - 5:00 p.m. See ad with more details on page 17 THURSDAY, SEPTEMBER 14 How to Handle Subtenants, Assignees & Visitors Presented by Clifford Fried, Fried & Williams LLP Members: $39; Non-Members: $69 2:00 p.m. - 3:30 p.m. SATURDAY, SEPTEMBER 16 EBRHA Member Meeting • Benefits of Mediation, Litigation Tricks and Anecdotes — James Cook, John Burris Law Offices 10:00 a.m. - Noon WEDNESDAY, SEPTEMBER 20 Protect Your Property From Mold Presented by Howard Oliver, Green Home Solutions—East Bay Members: $39; Non-Members: $69 6:00 p.m. - 7:30 p.m. THURSDAY, SEPTEMBER 21 Implementing Smoke-Free Housing Policies Presented by Alameda County Tobacco Control Program Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m. TUESDAY, SEPTEMBER 26 Rental Property Owner 101 (RPO 101) Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m. WEDNESDAY, SEPTEMBER 27 Small Property Owners Roundtable An informal discussion on management issues and solutions Moderated by Jill Broadhurst, EBRHA Free to members only, 4:00 p.m. - 5:00 p.m. THURSDAY, SEPTEMBER 28 Rental Property Owner 107 (RPO 107) Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m.
No Refunds on no shows; Online advanced registration required! To register and pay, visit ebrha.com/calendar or call (510) 893-9873. Unless noted, all classes and events are held at the EBRHA Education Center, 3664 Grand Ave., Suite B in Oakland. 36 RENTAL HOUSING
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ebrha.com
Oakland RENT ADJUSTMENT PROGRAM FEE
UPDATE: Annual fees are $68 per unit and are due March 1. Owners are allowed to pass through $34 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. Online payments accepted at
www.ltss.oaklandnet.com LANDLORD PETITION FOR EXEMPTIONS
Claims covered include new construction, substantial rehabilitation, and single-family homes or condominiums.
ANNUAL ALLOWABLE RENT INCREASE
2017-18 (2.3%) A CPI increase of 2.3% becomes effective on July 1, 2017. 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 ‘17 - JUNE 30 ‘18 . . . . . . . . . 2.3 JULY 1 ‘16 - JUNE 30 ‘17 . . . . . . . . . 2.0 JULY 1 ‘15 - JUNE 30 ‘16 . . . . . . . . . 1.7 JULY 1 ‘14 - JUNE 30 ‘15 . . . . . . . . . 1.9 JULY 1 ‘13 - JUNE 30 ‘14 . . . . . . . . . 2.1 JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0 JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0 JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7 JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7 JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2 JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3 MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3 Visit www.ebrha.com/members to see previous adjustments.
CAPITAL IMPROVEMENTS INCREASE FORMULA
FOR FURTHER INFORMATION CONTACT:
(70 % of Improvement Costs ÷ Number of Units)
Oakland Rent Board 250 Frank H. Ogawa Plaza, Ste. 5313 Oakland, CA, 94612 510.238.3721 | www.oaklandnet.com
Useful Life of Improvement* *REFER TO ORDINANCE FOR NOTICING, QUALIFICATIONS AND AMORTIZATION PERIODS. SEE USEFUL LIFE CHART ON CITY OF OAKLAND WEBSITE.
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
2017 (1.8%) PERI OD AM O U N T
Beginning in 1998, adjustments are not allowed for the year following a tenant’s initial occupancy. To obtain the maximum amount for a specific address, please use the “Rent Ceiling Database” calculator on Berkeley’s Rent Board website. Visit www.ebrha.com/members to see previous adjustments.
2016. . . . . . . . . . . . . . . . . . . . . . . . 1.5% 2015. . . . . . . . . . . . . . . . . . . . . . . . 2.0% 2014. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6% 2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7% 2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2% 2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6% 2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9% 2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3 (1% + $3 IF TENANCY CREATED AFTER JAN. 1999) *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.
BERKELEY RATES
FOR FURTHER INFORMATION CONTACT:
DEC. 2014. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3%
Berkeley Rent Board 2125 Milvia Street Berkeley, CA 94704 510.981.7368 | www.ci.berkeley.ca.us/rent ebrha.com
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vendor directory — CONTACTS, PRODUCTS & SERVICES 24 HOUR LIVE ANSWERING SERVICE
Direct Line Tele Response Beth Devine | 510-843-3900 www.directlineanswers.com ACCOUNTING & TAX
Collins, Mason & Company LLP Teresa Mason | 510-891-9000 www.cmcaccountants.com The Lee Accountancy Group, Inc. Jong H. Lee, CPA | 510-836-7400 jhlee@theleeaccountancy.com
Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com
Legally Mine Tyson Rollins | 801-770-1430 tyson@legallymineusa.com
Law Offices of Brent Kernan Brent Kernan | 510-712-2900 bkernan@aol.com
Miller Property Law Inga Miller | 925-402-2192 www.millerpropertylaw.com
Law Offices of Elaine Lee Elaine Lee | 510-848-9528 www.elaineleeattorney.com
Richards Law John Richards | 925-231-8104 www.richards-legal.com Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.com
Richards Law John Richards | 925-231-8104 www.richards-legal.com
Martin Friedrich, CPA 510-895-8310 www.besttaxcpa.com
The Evictors Alan J. Horwitz | 510-839-2074 The Shepherd Law Group Michael Shepherd | 510-531-0129 www.theshepherdlawgroup.com
APPLIANCE SALES & PARTS
Appliance Parts Distributor Mike De Fazio | 510-357-8200 www.apdappliance.com
Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.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, MAI | 510-601-1466 www.accessappraisal.com Mark Watts Commercial Appraiser Mark A. Watts | 415-990-0025 www.markwattscommercialappraisal.com ARCHITECTURE
InsideOut Design Pennell Phillips | 510-655-1198 www.aboutinsideout.com
Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards | 925-231-8104 www.richards-legal.com Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.com
ASSOCIATIONS
BOMA Oakland/East Bay Julie Taylor, CAE | 510-893-8780 www.bomaoeb.org
ATTORNEYS — REAL ESTATE/CORP.
Beckman Blair LLP Oakland/Berkeley Association of Realtors Nancy Ly | 415-871-0070 www.beckmanblairllp.com Davina Lara | 510-836-3000 oaklandberkeleyaor.com Burnham Brown Charles Alfonzo | 510-835-6825 Oakland Chamber of Commerce www.burnhambrown.com Barbara Leslie | 510-874-4808 www.oaklandchamber.com Ericksen Arbuthnot ATTORNEYS — EVICTIONS/PROPERTY OWNER DEFENSE
Jason Mauck | 510-832-7770 www.ericksenarbuthnot.com
Beckman Blair LLP Nancy Ly | 415-871-0070 www.beckmanblairllp.com
Fried & Williams LLP Clifford Fried | 510-625-0100 www.friedwilliams.com
Bornstein Law Daniel Bornstein | 510-836-0110, x1007 www.bornsteinandbornstein.com
Harding Legal Elva Harding | 415-967-7570 www.edhlegal.com
Burnham Brown Charles Alfonzo | 510-835-6825 www.burnhambrown.com
Jack Schwartz, Attorney at Law Jack Schwartz | 650-863-5823 jwsjr1220@comcast.net
Ericksen Arbuthnot Jason Mauck | 510-832-7770 www.ericksenarbuthnot.com
Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.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
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ebrha.com
BANKING/LENDING
Chase Commercial Josh Milnes | 510-891-4545 josh.milnes@chase.com Chase Commercial Ted Levenson | 415-945-5430 ted.levenson@chase.com First Foundation Bank Michelle Li | 510-250-8133 www.ff-inc.com Luther Burbank Savings Bryan Harvey | 925-482-8284 bharvey@lbsavings.com Pacific Western Bank Marc Lipsett | 510-332-6964 www.pacificwesternbank.com Bridge Bank Dale Marie Golden | 510-899-7536 dale.golden@bridgebank.com BATHROOM/KITCHEN REMODELING & BUILDING SUPPLIES
American Bath Enterprises, Inc. Larry Arcadi | 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com Ashby Lumber Paul Heiser | 510-843-4832 www.ashbylumber.com D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Sincere Home Decor Hei Chan | 510-835-9988 www.sincerehomedecor.com Urban Ore Marylou Van | 510-841-7283 www.urbanore.com CABINET DOOR RESURFACING
Northern Contours Charlene Hall | 866-344-8132 www.northerncontours.com CARPET CLEANING
Cleaner Carpets Ron Russell | 510-522-1344 cleanercarpet@juno.com
vendor directory CLEANING
Lintz Cleaning Joshua Lintz | 415-264-8780 www.lintzcleaningsf.com The Sisters Home Services Cinara Neukirchen | 925-876-4286 www.thesistershomeservices.com CONSTRUCTION
A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com City Construction Janet Aranda | 800-799-0234 www.cityconstruction.us D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Reedco Building Innovations Beth Wilson | 510-283-5257 www.reedcobuilding.com Servpro of Lafayette/Moraga/Orinda Jenny Villena | 925-299-1323 servpro9542@sbcglobal.net Silicon Valley Builders Group Chris Maune | 408-627-4177 www.svbuildersgroup.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 Zacan Inc. Hector Ortiz | 510-589-3626 zacaninc@gmail.com CONTRACTORS/RESTORATION
ARC Water Damage Nina Lauffer 510-223-1279 or 877-437-9225 (toll free) www.bayareafloodrepair.com Emergency Services Restoration Maria Perez | 800-577-7537 www.esr24.com HARBRO Emergency Services & Restoration Malcolm Stanley | 650-670-2364 malcolm.stanley@harbro.com P.W. Stephens Environmental Steve MacFarlane | 510-651-9506 www.pwsei.com
Servpro of Lafayette/Moraga/Orinda Jenny Villena | 925-299-1323 servpro9542@sbcglobal.net DOORS & GATES
Bay to Bay Garage Doors Robert Bruce | 925-872-5324 www.baytobaygaragedoors.com R & S Overhead Garage Door Sean Boatright | 510-483-9700, x14 www.rsdoors.com ELECTRICIANS
Momentum Electrical Contractors Tom Grealis | 888-280-0794 www.momentum-electric.com 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
Enhance Wealth Advisors Terry Allen, CFP®, AWMA SM 925-932-8609 info@enhancewa.com FIRE PROTECTION
All-Guard Alarm Systems Matthew Mayne | 510-909-7230 www.allguardsystems.com Detect All Security & Fire Amy Roither | 510-835-4100 www.detectall.com FLOOR COVERINGS
Bay Area Contract Carpets, Inc. Ken Scott | 510-613-0300 www.bayareacontractcarpets.com GOVERNMENT AGENCIES
Oakland Housing Authority Leased Housing | 510-874-1500 www.oakha.org HANDYMAN SERVICES
APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com Christopher Simmons 510-776-2697 c2thejay44@gmail.com Halcyon Properties Roger Shane | 510-847-7075 rbshane@aol.com
HAULING SERVICES
KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com HEATING & AIR CONDITIONING
Albert Nahman Plumbing & Heating Albert Nahman | 510-843-6904 www.albertnahmanplumbing.com San Francisco Heating and Cooling Pablo Richards | 415-286-2540 sfheatingandcooling@yahoo.com HOUSING SERVICES
Hamilton Family Center – First Avenues Mayo Lunt | 510-763-8540 www.hamiltonfamilycenter.org HUMAN RESOURCES MANAGEMENT
Avitus Group Lance Harris | 925-827-0680 www.avitusgroup.com INDOOR AIR QUALITY/MOLD & ODOR REMOVAL
ECS Group, Inc. Shawn Rau | 707-732-3370 shawn@ecsgroup.net Green Home Solutions Alameda (East Bay) Howard Oliver | 510-666-6711 www.ghsnorcal.com INSPECTIONS
ECS Group, Inc. Shawn Rau | 707-732-3370 shawn@ecsgroup.net SpottCheck Consulting Susan Spott | 510-816-1452 www.spottcheck.com INSURANCE
Bulloch Insurance Brokers, Inc. Curt Bulloch | 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius | 415-436-9800 www.comcov.com Gordon Insurance Pamela Hutchins | 877-877-7755 www.gordoninsurance.com The Greenspan Co./Adjusters Int’l. Rich Hallock | 866-331-4790 www.greenspan-ai.com Jain L. Williams - State Farm Insurance Jain L. Williams | 510-530-3222 www.jainwilliams.com Kelly Lux – State Farm Insurance Kelly Lux | 510-521-1222 Kelly.lux.gjcg@statefarm.com INTERCOMS & ACCESS CONTROLS
KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com
R & S Overhead Garage Door Sean Boatright | 510-483-9700, x14 www.rsdoors.com
Start to Finish Christopher Bailey | 510-727-9128 cpmbailey@sbcglobal.net
Martinez Real Estate Investment Jose Martinez | 510-769-0436
INVESTMENT OPPORTUNITIES
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vendor directory LAUNDRY EQUIPMENT
CSC ServiceWorks Stacy Weaver | 800-954-9000 x54313 www.cscsw.com Excalibur Laundries Richard Lisowski | 510-872-1664 www.excaliburlaundries.com Innovative Coin Cheri Guffey | 510-259-1494 www.innovativelaundry.com
L. J. Kruse Co. Beth Baldwin | 510-644-0260 www.ljkruse.com
Crane Management Kit Crane | 510-918-2306 www.cranemanagment.net
Roto-Rooter Martin Alvarez | 510-755-1262 sanactma@aol.com
The Enterprise Company William McLetchie | 510-444-0876 www.theenterpriseco.com
Water Heaters Only, Inc. Yana Carpenter | 800-835-5946 www.waterheatersonly.com
ERI Property Management Terrence Sims | 510-883-7070 www.erirentals.com
PRIVATE INVESTIGATIONS
PWS, The Laundry Company Herb McKay | 650-871-0300 www.pwslaundary.com
Sam Brown Investigations Sam Brown | 415-621-5918 www.sambrowninvestigations.com
LEAD, MOLD & PEST MANAGEMENT
PRIVATE PROFESSIONAL FIDUCIARY
Alameda County Healthy Homes Dept. Larry Brooks | 510-567-8282 larry.brooks@acgov.org or aclppp.org LITIGATION SUPPORT SERVICES
Noel Parker, Fiduciary Noel Parker | 510-260-3520 www.noelparkerfiduciary.com PROCESS SERVER
County Process Server Emily Jay | 855-873-7837 www.norcalevictions.com
SpottCheck Consulting Susan Spott | 510-816-1452 www.spottcheck.com
PROPERTY LEAK DETECTION
LOCKSMITH EVICTION SERVICES
AquaTrip brought to you by GSFM Jeff Maloney | 916-933-9554 www.buyaquatrip.com
Golden Gate Locksmith Co Ralph Scott | 510-654-2677 kgglocksmith@yahoo.com
PROPERTY MAINTENANCE
PAINT
BEHR Paint Nick Mounts | 415-416-0994 www.behr.com The Sherwin-Williams Co. Sean Callahan | 925-932-3363 x134 www.sherwin-williams.com PAINTERS
Majestic Painters Nick Capurro | 925-336-0526 www.majesticpainters.com
A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com PROPERTY MAINTENANCE SOFTWARE
PEST & VECTOR CONTROL
Alameda Co. Vector Control Services Daniel Wilson | 510-567-6826 daniel.wilson@acgov.org
SYNCrew John Cranston | 415-968-1593 www.syncrew.com PROPERTY MAINTENANCE SUPPLIES
Ferguson Enterprises, Inc. Jermane Griffin | 916-752-7608 jermane.griffin@ferguson.com
Burge Pest Control Rich Crawford | 888-292-7378 www.burgepest.com
PROPERTY MANAGEMENT
California American Exterminator Tami Stuparich | 831-338-4800 www.calamericanext.com
Advent Properties, Inc. Benjamin Scott | 510-289-1184 www.adventpropertiesinc.com
Terminix Robert Sater | 510-489-8689 www.terminix.com
Lapham Company Jon M. Shahoian | 510-594-7600 www.laphamcompany.com Marquardt Property Management Karen or Judi Marquardt | 510-530-2050 www.mpmoakland.com Mynd Stacy Winship | 510-455-2667 www.mynd.co OMM Inc./Mason Management Janice Mason | 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin | 510-594-0794 www.premiumpd.com Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com Shaw Properties Judy Shaw | 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree | 510-798-9299 www.sphinxpm.com Vision Property Management Michael Margado | 510-926-4104 www.vpmpropertymanagement.com Wellington Property Company Jillian Loh | 510-338-0588 www.wellingtonpropertyco.com Woodminster Property Management Nicholas Drobocky | 510-336-0202 www.woodminstermanagement.com PROPERTY MANAGEMENT SOFTWARE
On-Site Janis Rossi | 408-795-4167 www.on-site.com REAL ESTATE BROKERS & AGENTS
Bay Property Group Daniel Bornstein | 510-836-0110 www.baypropertygroup.com
Advent Properties, Inc. Benjamin Scott | 510-289-1184 www.adventpropertiesinc.com
Beacon Properties Carlon Tanner | 510-428-1864 www.beaconprop.com
ARA Pacific Mike Colhoun | 415-273-2177 www.arausa.com
Albert Nahman Plumbing & Heating Albert Nahman | 510-843-6904 www.albertnahmanplumbing.com
Canyon Pacific Management Tom Scripps | 415-495-4739 www.canyonpacific.com
Better Homes Realty Rene Mendieta | 510-388-4092 rmendieta@att.net
Fast Water Heater Company Michael Kirk | 866-465-7442 www.fastwaterheater.com
Cedar Properties Jonathan Weldon | 510-834-0782 www.cedarproperties.com
Caldecott Properties Andy Read | 510-594-2400 www.caldecott.com
Western Exterminator Company Curtis Newbrough | 510-600-5271 www.westernexterminator.com PLUMBING/WATER HEATERS
40 RENTAL HOUSING
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vendor directory CBRE Keith Manson | 510-874-1919 www.cbre.com
Edrington & Associates Steven Edrington | 510-749-4880 sedrington@msn.com
Coldwell Banker — Apartment Specialist John Caronna | 925-253-4648 www.eastbayIREA.com
Rent Board Matters Liz Hart | 510-813-5440 liz.hart1801@gmail.com
Coldwell Banker Commercial Henry Ohlmeyer | 925-831-3390 www.coldwellbanker.com Edrington & Associates Steven Edrington | 510-749-4880 sedrington@msn.com
RENTAL SERVICES
Hamilton Properties Bay Area Delesha Hamilton | 404-606-2141 www.hamiltonpropertiesbayarea.com Caldecott Properties Julie Keys | 510-225-9244 www.caldecott.com ROOFERS
Lapham Company Tsegab Assefa | 510-594-0643 www.laphamcompany.com
A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com
Litton/Fuller Group Luke Blacklidge | 510-548-4801, x130 www.littonfullergroup.com
Fidelity Roof Company Doug Kellor | 510-547-6330 www.fidelityroof.com
Marcus & Millichap Eli Davidson | 510-379-1280 eli.davidson@marcusmillichap.com
Frank Fiala Roofing Frank Fiala | 510-582-6929 www.ffialaroofing.com
Marcus & Millichap David Wolfe | 510-379-1200 www.marcusmillichap.com
General Roofing Company Michael Wakerling | 510-536-3356 www.generalroof.com
NAI Northern California Grant Chappell | 510-336-4721 www.naikilpatrick.com NAI Northern California Timothy Norkol | 510-336-4724 tnorkol@nainorcal.com The Pinza Group Steven Pinza | 510-725-4775 www.pinzagroup.com Property Counselors Link Corkery, Inc. Link Corkery | 510-886-1212 www.pclclink.com Red Oak Realty Vanessa Bergmark | 510-292-2000 vanessa@redoakrealty.com Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com Sharon Medairy, Realtor® Real Estate Source, Inc. | 510-517-9969 www.medairy.net Six Degrees Realty Stephanie Christmas | 510-461-4663 www.stephaniechristmas.com Woodminster Real Estate Co Inc. Nicholas Drobocky | 510-336-0202 www.woodminsterrealty.com
SECURITY/SURVEILLANCE
All-Guard Alarm Systems Matthew Mayne | 510-909-7230 www.allguardsystems.com Detect All Security & Fire Amy Roither | 510-835-4100 www.detectall.com R & S Overhead Garage Door Sean Boatright | 510-483-9700, x14 www.rsdoors.com SEISMIC CONSTRUCTION
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
TENANT SCREENING SERVICE
Contemporary Information Corp. (CIC) Dan Firestone | 888-232-3822 www.continfo.com TOWING SERVICE
PPI Towing Stephanie Gipson | 510-533-9600 www.ppitowing.net TREE SERVICE
Coastal Tree Service Hans Waller | 510-693-4631 www.coastaltreeservice.com VETERANS SERVICE ORGANIZATION
Swords to Plowshares Norman Thomas | 510-844-7500 www.swords-to-plowshares.org WASTE & COMPOST COLLECTION
Junk King Contra Costa Krishna Vepa | 925-954-5420 krishna.vepa@junk-king.com Waste Management Company Karen Stern | 510-430-8509 www.wastemanagement.com WASTE & RECYCLING MAINTENANCE
Bay Area Bin Support Nancy Fiame | 888-920-BINS www.bayareabinsupport.com Bay Area Waste Services Peter Gella | 510-788-0462 www.bawaste.com Trashlogic, LLC Lainika Johnson | 888-384-3131 www.trashlogic.com WINDOWS
Urban Ore Marylou Van | 510-841-7283 www.urbanore.com
West Coast Premier Construction, Inc. Homy Sikaroudi | 510-271-0950 www.wcpc-inc.com SIGNAGE
Sequoia Signs & Graphics Tom Schnurr | 925-300-1066 www.sequoiasigns.com
RENT CONTROL CONSULTANTS
Alameda County Tobacco Control Coalition Tamiko Johnson | 510-208-5916 tamiko.johnson@acgov.org
Bay Property Group Cristian Villarreal | 510-474-7404 cristian@baypropertygroup.com
SUSTAINABLE ENERGY
Center for Sustainable Energy Alexandra Patey | 858-244-1192 www.energycenter.org/smp
W. Charles Perry & Associates W. Charles Perry | 650-638-9546 www.wcharlesperry.com
RECYCLING/REUSE
Urban Ore Marylou Van | 510-841-7283 www.urbanore.com
SOLAR ENERGY
Sunvalley Solar Keith Loebbecke | 510-294-0308 www.sunvalleysolarinc.com
SMOKE-FREE HOUSING
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RENTAL HOUSING 41
ad index
PRODUCTS & SERVICES APPLIANCE PARTS & SALES
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EAST BAY RENTAL HOUSING ASSOCIATION (EBRHA) is a nonprofit trade organization representing owners and managers of apartments, condominiums, duplexes, single-family homes and other types of rental housing. EBRHA members range in size from small investors with just one property to large property management companies that own or manage hundreds of units.
Urban Ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Our membership consists of more than 1,400 rental housing owners, property managers, attorneys and other service contractors. Altogether, EBRHA represents over 20,000 rental units, and serves over 25 cities throughout Alameda and Contra Costa counties.
Earthquake and Structures, Inc.. . . . . . . . . 31
n Property management advice by phone or in person n Tenant screening service (application/report fees apply) n Annually updated legal forms, including forms online 24/7 n Monthly workshops on new laws, rental agreements, security deposits, legal notices, fair housing, rent control, and more n Vendor directory of local businesses that offer exclusive member discounts n Annual trade expo and networking mixers n Monthly educational membership meetings n Community outreach and education n Local and state lobbying n An active and growing Legal Action Fund and Political Action Committee n Subscription to Rental Housing and units n Membership with the National Apartment Association and CalRHA
3664 Grand Avenue • Suite B Oakland, CA 94610
CARPETING & FLOORING
Bay Area Contract Carpets, Inc.. . . . . . . . . 28 CONSTRUCTION
West Coast Premier Construction. . . . . . . 31 ENGINEERS
West Coast Premier Construction. . . . . . . 31 INSURANCE COMPANIES
Jain Williams—State Farm. . . . . . . . . . . . . . 35 LAUNDRY
Innovative Coin . . . . . . . . . . . . . . . . . . . . . . . 35 Wash Multifamily. . . . . . . . . . . . . . . . . . . . . . 35 LENDERS
JPMorgan Chase Bank. . . . . . . . . . . . . . . . . . 7 PLUMBING
Albert Nahman Plumbing . . . . . . . . . . . . . . 31 PROPERTY MANAGEMENT
Maisel Property Management. . . . . . . . . . . 28 PROPERTY MANAGEMENT & SALES
Beacon Properties. . . . . . . . . . . . . . . . . . . . . 31 REAL ESTATE BROKERS
CBRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 RENT BOARD CONSULTANTS
Liz Hart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ROOFING SERVICES
Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 35 General Roofing Co. . . . . . . . . . . . . . . . . . . . 33 WATERPROOFING
JOIN TODAY! CALL 510-893-9873 OR GO TO WWW.EBRHA.COM/JOIN 42 RENTAL HOUSING
| AUGUST 2017 |
ebrha.com
Applied Waterproofing Systems . . . . . . . . 35 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.
INTERNISTS LIVE IN THEM.
AS DO INTERNS.
APARTMENTS. WE LIVE HERE. Dr. M. glides down to “G” and drives to work. Brittany Z. thanks heaven the Metro is just 6 minutes management, and skilled trades, as well as into the local and 45 seconds away. America’s other 36,999,998 residents embrace their own reasons apartment homes are ideal
businesses nearby. For fresh state and local numbers on today’s housing market
for today’s growing communities. No wonder apartments and residents deliver
$1.3 trillion in
economic benefit annually – in
– plus
40 metro areas – and an interactive picture of how,
with your help, we can develop 300,000 new apartments a year to meet this exciting demand, visit
WeAreApartments.org.
construction, operations, leasing,
W E A R E APARTMENTS.ORG
11TH ANNUAL
Trade Expo & Symposium V E N D O R FA I R • E D U C AT I O N • F O O D & D R I N K • F R E E PA R K I N G
Thursday, October 26 | 3 PM - 7 PM Greek Orthodox Church, 4700 Lincoln Ave, Oakland EBRHA Members & Up to 2 Guests: Free Non-Members: $20 (fee can be applied to new membership)
Register now at ebrha.com/expo
EBRHA’S TRADE EXPO provides rental property owners and manager with the tools to
MODERATED BY Jill Broadhurst
Wayne Rowland
EBRHA Executive Director
EBRHA President
maximize their investments and stay up to date on complex housing regulations. Join hundreds of attendees to:
ATTORNEYS Clifford Fried
Daniel Bornstein
Fried & Williams LLP
Bornstein Law & Bay Property Group
Charles Alfonzo
Bill Ford
• Access free legal advice from expert attorneys • Meet top local vendors and service providers • Network with other rental housing owners • Enjoy complimentary food and drink
Law Offices of Bill Ford
Burnham Brown
Alan J. Horwitz Law Offices of Alan J. Horwitz
SPONSORED BY
Edrington and Associates
PARTNER
MEDIA SPONSOR
To exhibit, contact Tina Bocheff at tbocheff@ebrha.com