Rental Housing - December 2017

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | DECEMBER 2017

NEW LAWS FOR 2018 A rental owner’s guide to new housing rules & legislation

PLUS: OWNERS MAY HAVE TO SUBSIDIZE RENTS FOREVER UNDER COSTA-HAWKINS REPEAL PHOTOS FROM OUR 11TH ANNUAL TRADE EXPO

Contents

East Bay Rental Housing Association

DECEMBER 2017

Volume XIV, Number 11 | December 2017 EBRHA OFFICE

3664 Grand Ave., Suite B, Oakland, CA 94610 tel

510.893.9873 |

fax

510.893.2906

www.ebrha.com EBRHA STAFF

Tina Bocheff | tbocheff@ebrha.com ASSOCIATION EXECUTIVE

Esteban Cortez | ecortez@ebrha.com PUBLICATIONS & COMMUNICATION PRODUCER

Angelique Johnson | ajohnson@ebrha.com ACCOUNTING ASSISTANT EBRHA OFFICERS PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge

8

10

11th Annual Trade Expo Photos

Under Attack

BY EBRHA GOVERNMENT POLICY COMMITTEE

BY EBRHA STAFF

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

18

East Bay Rental Housing Association PUBLISHER

Wayne C. Rowland MANAGING EDITOR Tina Bocheff

New Laws for 2018

ART DIRECTOR & COPY EDITOR Esteban Cortez ADVERTISING

BY RON KINGSTON

Tina Bocheff | 510.318.8303

Features & Columns 6

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.

NEWS

Introducing EBRHA’s New Association Executive, Tina Bocheff 34 ESQ&A Illegal Provisions

BY STEVE WILLIAMS

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Events & Directory 36 COMMUNITY CALENDAR 38 V ENDOR DIRECTORY 42 M EMBERSHIP INFORMATION 42 A D INDEX

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.

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contributors ACTIVATE YOUR VOICE WAYNE C. ROWLAND Wayne C. Rowland is the President of Rowland Property Management. He is also the President of the East Bay Rental Housing Association, and was the founding President of CalRHA. He is an avid representative of EBRHA issues in the community, and is frequently engaged in policy discussions with local policymakers and city officials in the cities EBRHA serves, as well as at the state level. Wayne purchased his first property a year out of college and has over 30 years of real estate investment experience. He is a graduate of San Francisco State University with a degree in finance.

RON KINGSTON Ron Kingston is the EBRHA state lobbyist and president of the California Political Consulting Group. Ron’s accomplishments are well recognized in the state of California as a result of a deep knowledge of historical, political, functional and technical aspects of the law.

Ron has worked as a lobbyist for almost 30 years during which he has represented clients before Democratic and Republican Legislatures. He has carefully cultivated excellent relationships with the members of the Legislature. He is a personable, highly respected, and very knowledgeable lobbyist who has written 89 bills, with an enactment success rate of 94%. All but a handful of bills, including credit access and disclosure legislation ultimately became law both at the State and Federal level.

STEVEN C. WILLIAMS Steve has been representing real property owners throughout the Bay Area since 1999. He has a wealth of knowledge in many areas of real estate law, including commercial and residential leasing, rent and eviction control, purchase/sales transactions, and neighbor disputes. He advocates for his clients in State and Federal courts, at arbitration and mediation hearings, and before government agencies. Steve has recently tried several cases where he obtained favorable judgments for his clients. These cases involved a nuisance, a residential property owner’s right to change terms of tenancy, and commercial property leasing rights.

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.

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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

DECEMBER 1, 2017 Dear EBRHA Members: As you may know, the East Bay Rental Housing Association Board of Directors has been engaged in a search for a new Association Executive over the last several months. As with any major organizational change, we undertook this activity with great care and forethought. The challenges for rental property owners are many and daunting, and 2018 will be even more so. It will require all hands on deck.

During the search—which happened to coincide with EBRHA's busiest time of year—we relied on staff to keep things afloat. And, as typical, we relied more heavily on the most experienced staff member, Tina Bocheff.

After interviewing candidates, including Tina, the decision was quite simple. On behalf of the Board of Directors of the East Bay Rental Housing Association, I am pleased to announce that Tina Bocheff has been appointed as our new Association Executive.

Over the last couple months, she has done an excellent job holding down the fort, taking on administrative and managerial duties, in addition to her many other responsibilities. We look forward to seeing what the future holds. With Tina at the helm, we believe our Association is in very capable hands.

In the coming weeks, as we finalize our 2018 Strategic Plan, there will be more big announcements.

With tenant activist efforts to repeal Cost-Hawkins and so many legislative bills looming—all aimed at eroding the rights of private property owners—EBRHA will be adding staff, focusing heavily on membership outreach and growth, and forming stronger alliances with our partners, like-minded real estate organizations like Oakland Berkeley Association of Realtors (OBAR) and Building Owners and Managers Association Oakland/East Bay (BOMA/OEB).

We are also working closely with the other affiliate members of the California Rental Housing Association (CalRHA), which includes the Berkeley Property Owners Association (BPOA) and the Small Property Owners of San Francisco Institute (SPOSFI). With greater numbers comes greater influence.

Tina will be reaching out to members who are interested in getting more involved, and there are many ways to do so.

Please join me in congratulating Tina on her promotion.

Wayne C. Rowland President, East Bay Rental Housing Association

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COLUMN

title newshere Berkeley Rent Board Announces New Annual General Adjustment: 2.3%

EBRHA’s Association Executive Tina Bocheff

Introducing EBRHA’s New Association Executive, Tina Bocheff AFTER A DILIGENT SEARCH FOR A NEW EAST BAY RENTAL HOUSING

the EBRHA Board of Directors is proud and excited to introduce Tina Bocheff as our new Association Executive. This announcement comes on the heels of what was the Association’s most successful Trade Expo to date—an event Tina was instrumental in organizing. “Over the last couple months, Tina has done an excellent job holding down the fort, taking on administrative and managerial duties in addition to her other responsibilities,” EBRHA President Wayne Rowland says. “We look forward to seeing what the future holds. With Tina at the helm, we believe our Association is in very capable hands.”

ASSOCIATION DIRECTOR,

Tina joined EBRHA in 2010 and has taken on increasing roles and responsibilities, including Managing Editor of Rental Housing magazine and Director of Strategic Partnerships, in addition to advertising and exhibit sales. She says, “I am very excited to have the opportunity to continue to grow with the Association, and bring all my experience to the table, particularly as we head into a very busy election year.” Go to page 5 for Wayne’s official announcement letter.

Each year, the Berkeley Rent Board passes an Annual General Adjustment (AGA), which allows rental property owners to raise the rents for all rental units covered by the Berkeley Rent Ordinance for which the owner did not establish an initial rent during the prior calendar year. The 2018 AGA in Berkeley is 2.3%. The yearly increase is set by taking 65% of the Consumer Price Index for All Urban Consumers in the Bay Area during the period from July 1 through June 30 of the prior year. As a reminder, owners cannot raise the rent for the remainder of the year in which the tenancy started, and for one additional calendar year. For example, if a new tenancy started any time in 2017, a rental owner cannot take the 2018 AGA in 2018, but the rental owner may take the AGA (to be announced) starting January 1, 2019. Regardless of when a tenancy started, an owner is not eligible to take the AGA if the property is not properly registered with the Rent Board, or if there is an order from the Rent Board denying AGAs (generally due to a decrease in services or substandard conditions). If owners are unsure whether they can raise their tenant’s rent by the AGA, call a Berkeley Housing Counselor at 510-981-RENT (981-7368). The Oakland CPI for the period of July 1, 2018 to June 30, 2019 has yet to be announced, and will likely be published mid-2018.

RSVP Now: EBRHA’s New Laws for 2018 Presentation EBRHA state lobbyist Ron Kingston

Be sure to keep reading EBRHA’s email communications and magazine, as well as attending member meetings and roundtables for the latest updates. And consider joining one of EBRHA’s committees. We are looking for members who want to collaborate on research, writing, and speaking out on the matters that are most pressing to us all. Go to www.ebrha.com/ committees for more information.

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will present information on the extensive housing laws that go into effect in 2018. The presentation will take place at EBRHA’s Member Meeting on Saturday, January 20 from 10am - Noon. In addition, he will discuss the statewide proposal to repeal Costa-Hawkins, which would be catastrophic for the State of California. EBRHA members can RSVP now at www.ebrha.com/events. RH

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COLUMN

political advocacy

Under Attack

With the proposed repeal of Costa-Hawkins, rental owners may be required to subsidize their tenants’ rent forever. BY EBRHA GOVERNMENT POLICY COMMITTEE

This is the first article in a series devoted to the proposed CostaHawkins repeal.

S

ince 1995, the Costa-Hawkins state law has protected your California rental property from city laws requiring you to subsidize your tenants’ rent forever, with no reset at each vacancy. That may end in 2018.

Pending legislation in Sacramento as well as a recently-filed statewide initiative for the November 2018 ballot would repeal Costa-Hawkins, allowing local governments to freeze your rents forever. EBRHA will join the statewide fight to protect the Costa-Hawkins law on your behalf, but that may not be enough to save us all from this catastrophe. This series of articles will keep you informed and challenge you to do more.

The Costa-Hawkins law1 provides three critical limits on how cities can attack rental owners with rental pricing controls and eviction restrictions: 1) It 8 RENTAL HOUSING

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exempts single-family homes and condominiums (with certain exceptions and requirements) from any local rent controls; 2) It requires every city to allow a rental property owner to re-set the rent to market value when the last remaining tenant vacates; and 3) It exempts all “new” (post-February 1, 1995) rental housing construction from local rent pricing controls.

the open market even after it became vacant. These strict vacancy control laws effectively stopped construction of new rental housing and encouraged owners to take their units off the market. The 1995 legislative analysis concluded, “[p]roponents view this bill [Costa-Hawkins] as a moderate approach to overturn extreme vacancy control ordinances which unduly and unfairly interfere into the free market.”2 The current repeal movement tries to reframe the Costa-Hawkins law as the cause of the current California housing “crisis.”3 However, California has long had a rental housing shortage. Back in 1995, the legislative analysis also noted “[p]roponents of this bill [CostaHawkins] state that census data shows that between 1980 and 1990, the total of renter-occupied housing units decreased in Berkeley, Santa Monica and West Hollywood while the number of rental units in the surrounding counties increased.”4 Rather than causing the current shortage, Costa-Hawkins law has actually softened the shortage.

Costa-Hawkins also protects small property owners from the shortsighted view that price controls will result in “affordable” housing. The non-partisan California Legislative Analyst’s Office declared “the key remedy to California’s housing challenges is a substantial increase in private home building in the state’s coastal urban communities.” More housing is the only solution, not more price controls.

Lessening the Supply of Housing Keeping rental prices controlled even after a vacancy clearly deters the creation of more rental housing units. But worse, it has the effect of lessening the supply A Response to Failed Policies of condominium and single-family rental Costa-Hawkins was enacted in 1995 in housing units, as owners have no choice response to the “failed policy” of certain but to sell rather than maintain the California cities: so-called “strict” rent rental—a so-called “Ellis Act eviction.” control laws which continue rent limits As it stands now in indefinitely even when “EBRHA will join the “rent control” cities, units are vacant. thousands of rentIn the 1980s, cities like statewide fight to protect the Costacontrolled (privately Berkeley, Santa Monica Hawkins law on your subsidized) tenants and East Palo Alto behalf, but that will enjoy what are essenenacted local ordinances not be enough to tially life-long leases at that limited the rent save us all from this fixed rates. Rent adjustamount that a property catastrophe.” ment programs make owner could charge on

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the process for approval of any increase for increased costs practically impossible.

For most small rental property owners, the only realistic way to offset the continual losses caused by city-mandated private rent subsidies is to adjust the rent for vacant units upward, contributing to rising market rents in the area.

The nation’s #1 multifamily lender is lending in your backyard.

A Blow to Small Property Owners’ Rights Without Costa-Hawkins, small rental property owners in particular will not be able to weather the other onerous aspects of rent regulations. This applies to every single-family home owner regardless of whether they presently rent it out or not.

The repeal of Costa-Hawkins threatens the freedom of every homeowner to use their property as rental income if needed, or to move back in after renting for a year.

In coming issues of Rental Housing magazine, we will provide more details and offer specific ways you can help defeat these outrageous, destructive proposals. RH 1. Formally codified as California Civil Code §1954.50 et seq.

2. See Comments, CA Assembly Legislative Analysis AB 1164 (Costa-Hawkins), July 25, 1995.

3. See Proposed Affordable Housing Act initiative submission, dated Oct. 20, 2017, “Findings and Declarations”.

4. Comments, Id.

EBRHA’s Government Policy Committee provides research and policy positions to advise policymakers on the issues that affect our industry and the communities we serve. To reach the Committee, email news@ebrha.com.

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EVENT PHOTOS

EBRHA’S 11TH O

Trade Expo &

ur 11th Annual Trade Expo was the most successful yet, and we couldn’t have done it without out Expo sponsors, exhibitors, speakers, attendees and volunteers.

This year, we switched it up and threw a Halloween reception, complete with a spook-tacular Halloween costume contest, ghoulish food and drinks, and a FABULOUS prize drawing and awards ceremony honoring those who have given back to our Association (turn to page 16 to see the list of winners).

“I was impressed by the great information and services provided for everything related to rental housing,” firsttime Expo attendee and EBRHA intern Sonia Colon said.

“I loved the Halloween spirit: people came in costumes, ate candy, and we collected donations for North Bay fire victims.”

In addition to the Halloween fun, hundreds of attendees from throughout the East Bay had the opportunity to network with vendors and other professionals, learn about new laws for 2017 and get their scariest legal questions answered. We wish to thank our moderators Jill Broadhurst of Big City Property Group and EBRHA President Wayne Rowland, as well as the attorney speakers: Daniel Bornstein, Charles Alfonzo, Bill Ford, Alan J. Horwitz and Steve Williams.

We look forward to seeing even more members and rental owners at next year’s Expo, which is sure to be even bigger and better! And as always, a huge thanks to our generous Expo sponsors and partners. Without them, the Expo would not be possible. RH

PARTNERS

SPONSORS

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H ANNUAL

& Symposium

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Congrats to These Award Winners!

MVP SUPPLIER Ken Scott, Bay Area Contract Carpets

MVP RENTAL HOUSING MAGAZINE CONTRIBUTOR Grant Chappell, NAI Northern California

MVP COMMITTEE MEMBER Jeanne Furstoss

MVP EDUCATOR Angie Watson-Hajjem

Grand Prize Winner!

Ann McClain (pictured at right) won a gift basket full of goodies and a complete apartment turnover worth $3,500!

Thank You to Our Grand Prize Donors

Grand prize winner and EBRHA member Ann McClain

Angie Watson-Hajjem was

Synergy Facilities staff won a brand new tablet courtesy of Direct Line Tele Response honored for her Fair Housing services ebrha.com

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FEATURE

New Laws for 2018 A property owner’s guide to new rental housing legislation.

BY RON KINGSTON, EBRHA STATE LOBBYIST

New Laws Index • NEW HOUSING DEVELOPMENT LAWS | PG. 19 • ACCESSORY DWELLING UNIT (ADU) & EFFICIENCY UNIT LAWS | PG. 23 • IMMIGRATION & CITIZENSHIP POLICY LAWS | PG. 23 • SERVICE OF PROCESS LAWS | PG. 24 • SAFETY & DISCLOSURE LAWS | PG. 24 • EMPLOYMENT LAWS | PG. 25 • OTHER HOUSING-RELATED LAWS | PG. 28 • 2018 PROPOSED PENDING LEGISLATION | PG. 28 • OTHER PROPOSED STATE REGULATIONS | PG. 30 • REMINDER ON IMPORTANT PREVIOUSLY-SIGNED NEW LAWS | PG. 32

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his year, our lobbying team identified 135 rental property-related legislative bills and 4 significant housing discrimination regulations. Among the bills, 60 were considered “top priority” bills because of their potential to immediately impact the residential rental property industry in a significant way.

Several top priority bills were signed into law, but not before they were amended to address many of our rental property concerns. Among the bills that passed was Assemblymember Chiu’s AB 291, which establishes penalties for rental property owners who use immigration and citizenship status to threaten or harass tenants. Another was Assemblymember Bloom’s inclusionary housing bill, AB 1505, which allows cities and counties to adopt price controls on new rental housing development. AB 1505’s passage, however, merely legalizes a practice that has been enforced by local governments for years. It does not otherwise affect the Costa-Hawkins Act, which, among other things, does not allow local governments to require newly-built rental housing to be subject to rent control.

Overall, the year was a success. Our lobbying team fended off a host of bills that would have negatively impacted our industry, including attacks against density bonus laws and mortgage interest deductions, and a bill which would have fully repealed the Costa Hawkins Act—a threat that would have authorized local governments to adopt the worst forms of rent control.

The bills described below are residential rental housing-related bills that were signed into law in 2017, most of which will go into effect January 1, 2018 (unless otherwise noted).

NEW HOUSING DEVELOPMENT: PROCESS, POLICY, FINANCE, OVERSIGHT & CONSTRUCTION LAWS AB 72 (Santiago): State Oversight Over Local Housing Element — Each local gov-

ernment housing element provides an analysis of a community’s housing needs for all income levels, and strategies to respond to provide for those housing needs. It is a key part of a city’s overall General Plan. This bill gives the state Department of Housing and Community Development (HCD) oversight and enforcement authority over local housing element findings and decisions to determine whether cities and ebrha.com

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“Overall, the year was a success. Our lobbying team fended off a host of bills that would have negatively impacted our industry, including attacks against density bonus laws and mortgage interest deductions, and a bill that would have fully repealed the Costa Hawkins Act— a threat which would have authorized local governments to adopt the worst forms of rent control.” counties are in compliance. If violations are discovered, HCD is authorized to notify the Attorney General for prosecution. The purpose of the bill is to ensure local governments comply with their housing elements, and to promote the continued growth of housing development.

AB 199 (Chu): Prevailing Wage Exemption for Private Residential Development — Prior law

required private residential projects built on private property to comply with public works laws and regulations (including the payment of prevailing wages) only if the projects were paid for in whole or in part out of public funds, and pursuant to an agreement with a (now dissolved) redevelopment agency. This bill merely updates that law, requiring private residential projects to comply with public works laws and regulations if they are built pursuant to an agreement with a successor agency to the redevelopment agency.

AB 678 (Bocanegra): Changes to the Housing Accountability Act (HAA) — The purpose of the HAA,

also known as the “Anti-NIMBY Act,” adopted in 1982, is to limit the ability of local agencies to reject or stall housing developments. The HAA helps to ensure that municipalities do not unfairly hinder the development of new housing projects, and ensures housing construction continues during housing shortages like the one California faces today. The current enforcement mechanisms of the HAA, however, are inadequate to achieve compliance in many cases. This explains why the HAA was rarely used and rarely of interest to the public.

According to the author: “[o]ne of the most significant barriers to the construction of new housing is unjustified local resistance from NIMBY (Not in My Backyard) groups. In a recent report, the Legislative Analyst’s Office confirmed that new housing construction faces community opposition, ‘because it often is perceived as bringing negative changes to a community’s qual20 RENTAL HOUSING

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ity or character.’ Using these types of unreasonable arguments, ‘no growth advocates’ and NIMBYs have significantly curtailed housing construction, which significantly worsens the jobs-housing imbalance in our communities, in contravention to state law.”

This bill makes a number of changes to address the problem, including increasing the burden of proof necessary to reject a development project, increasing fines against local agencies acting in bad faith, and eliminating the ability of a local agency to disapprove or condition approval of a project based on a change in zoning or general plan which will occur subsequent to completed application. It makes other substantive changes to HAA, all of which will serve to help remove barriers to housing development.

AB 1505 (Bloom): Inclusionary Housing — After many failed attempts,

local governments can now adopt inclusionary housing laws.

Local governments may now require as a condition of development that a certain percentage of new units (in San Francisco the percentage is as high as 33%) be price controlled at below market rates for fifty years or more. The Costa Hawkins Act remains intact, however, which continues to prohibit cities and counties from implementing rent control mandates on new housing projects and developments.

AB 1568 (Bloom): Enhanced Infrastructure Financing for Affordable Housing — The new law

establishes the Neighborhood Infill and Transit Improvements (NIFTI) Act in the Enhanced Infrastructure Financing District (EIFD) law and allows EIFDs to receive sales and use transaction and use taxes to be used for affordable housing purposes if a local government decides to allocate the revenues to the EIFD. The revenues would be used to fund an area that is an infill site, and requires the 20% of the funds to be used for affordable housing purposes. Only an EIFD that is coterminous with a city or county that formed the EIFD can use taxes in this manner. NIFTI provides local jurisdictions with the authority to finance infrastructure and low and very low income for rent or purchase affordable housing using new sales and use taxes in addition to property tax increment. Price restrictions on rental housing shall remain in effect for no less than 55 years and 45 years for owner-occupied units.

SB 2 (Atkins): $75 Fee on Real Estate Recordings For Affordable Housing Fund — This bill establishes

the Building Homes and Jobs Trust Fund (the Trust Fund) within the State Treasury. It imposes, beginning January 1, 2018, a $75 fee on every real estate instrument, paper, or notice that is required or permitted by law for each single transaction per parcel of real property. This excludes real estate instruments, papers, or notices recorded in connection with a transfer subject

JANUARY MEMBER MEETING: RSVP NOW! New Laws for 2018 Date: Saturday, January 20, 2018 Time: 10 a.m. - Noon Price: Free to EBRHA Members Only Presented by: Ron Kingston, CalPCG & EBRHA Lobbyist Attend this informative presentation to learn about statewide laws and pending legislation in 2018.

Topics include: • New Housing Laws • Costa-Hawkins Repeal Initiative • Criminal Screening & Immigration Laws • Reminder on Previously-signed Laws • And more!

RSVP today at ebrha.com/events or by calling 510-893-9873

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to a documentary transfer tax or with a transfer of real property that is a residential dwelling to an owner-occupier. The fee imposed may not exceed $225. Experts estimate that the new recording fee will raise approximately $250 million a year. Half of all proceeds in 2018 will support homeless programs. Beginning in 2019, 70% of all proceeds will be used by local government housing programs. Competition for the available proceeds will be fierce.

The bill defines “real estate instrument, paper, or notice” as a document relating to real property, including but not limited to the following: deed, grant deed, trustee’s deed, deed of trust, conveyance, quit claim deed, fictitious deed of trust, assignment of deed of trust, request for notice of default, abstract of judgment, subordination agreement, declaration of homestead, abandonment of homestead, notice of default, release or discharge, easement, notice of trustee sale, notice of completion, UCC financing statement, mechanic’s lien maps, and covenants, conditions, and restrictions.

How EBRHA Helps Fight Harmful Housing Bills

EBRHA’s 2017 Legislative Day team in Sacramento

In 2017, EBRHA members, board and staff participated in another successful California Rental Housing Association (CalRHA) Legislative Day in Sacramento. Aside from fighting bills that would be harmful to the rental housing industry, attendees had the opportunity to meet with elected officials, as well as socialize and network with representatives from sister associations. We look forward to another successful Legislative Day in 2018. This year, the following CalRHA affiliates participated in Legislative Day: • Apartment Association, California Southern Cities, Inc. (AACSC) • Apartment Association of Greater Los Angeles (AAGLA) • Apartment Association of Orange County (AAOC) • Berkley Property Owners Association (BPOA) • East Bay Rental Housing Association (EBRHA) • Nor CAL Rental Property Association, Inc. (NCRPA) • North Valley Property Owners Association (NVPOA) • San Diego County Apartment Association (SDCAA) • Santa Barbara Rental Property Association (SBRPA) • Small Property Owners of San Francisco Institute (SPOSFI)

Save the date for CalRHA’s 2018 Legislative Day: April 10 & 11 To learn more, go to www.ebrha.com/get-involved.

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SB 3 (Beall): $4 Billion Bond for Affordable Housing — The bill

authorizes the issuance of $4 billion in general obligation bonds, subject to approval by the voters in the November 6, 2018 general election, for the following affordable housing purposes: 1) $1.5 billion to the existing Multifamily Housing Program, 2) $150 million to the existing TransitOriented Development Implementation Program, 3) $300 million to the Infill Incentive Grant Program, 4) $300 million to the Joe Serna, Jr. Farmworker Housing Grant Fund, 5) $300 million to the Local Housing Trust Fund Matching Grant Program, 6) $300 million to the CalHome Program, 7) $150 million to the Self-Help Housing Fund, 8) $1 billion to the CalVet Home Loan Program.

SB 35 (Weiner): Streamlined Process For Housing Development — Each community’s

general plan must include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs. To do so, each community establishes an inventory of sites designated for new housing that is sufficient to accommodate its fair share.

Communities also identify regulatory barriers to housing development and propose strategies to address those barriers.

State law requires cities and counties to update their housing elements every eight years. In addition, before building new housing, housing developers must obtain one or more permits from local planning departments and must also obtain approval from local planning commissions, city councils, or county board of supervisors.

City or county planning staff will be

authorized to ministerially permit certain qualifying housing projects without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meet standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review. Instead, these projects are vetted through both public hearings and administrative review. Most housing projects that require discretionary review and approval are subject to California Environmental Quality Act review, while projects permitted ministerially are generally not.

This bill creates a streamlined approval process for infill projects with two or more residential units in localities that have failed to produce sufficient housing to meet their regional housing needs (RHNA) numbers. The streamlined approval process requires some level of affordable housing to be included in the housing development. To receive the streamlined process for housing developments, the developer must demonstrate that the development meets a number of requirements including the payment of prevailing wage. Localities must provide written documentation to the developer if there is a failure to meet the specifications for streamlined approval, within specified periods of time. If the locality does not meet those deadlines, the development shall be deemed to satisfy the requirements for streamlined approval.

ACCESSORY DWELLING UNIT (ADU) AND EFFICIENCY UNIT LAWS AB 352 (Santiago): Efficiency Unit Protection & Expansion — In an effort to expand the development of effi-

ciency or micro units as a measure to address the State’s housing shortage, this bill prohibits cities and counties from enforcing unnecessary and burdensome restrictions on such development.

The bill prohibits local governments from limiting the number of efficiency units within one-half mile of public transit, within one mile of a University of California or California State University campus, or within one block of a car-sharing vehicle.

AB 494 (Bloom): Changes to ADU Review Process & Standards — Accessory Dwelling Units,

or ADUs, are additional living quarters on single-family lots that are independent of the primary dwelling unit. Previously known as accessory apartments, accessory dwellings, motherin-law units, or granny flats, ADUs are either attached to or detached from the primary dwelling unit, and provide complete independent living facilities for one or more person. ADU laws were revamped and updated in 2016 to ease some of the local barriers to development of ADUs. AB 494 makes a few necessary changes to the 2016 ADU law to help clarify the law and help local government implement the new laws without significant burdens. Changes include the following: a) Allows an ADU to be rented separate from the primary

residence, but not to be sold or otherwise conveyed from the primary residence. b) Prohibits parking requirements for ADUs from exceeding one parking space per unit or per bedroom, whichever is less. c) Removes the option for local agencies to prohibit offstreet parking in setback areas or tandem parking where that parking is not allowed anywhere else in the jurisdiction. d) Allows a local agency to require replacement parking spaces in any configuration on the same lot as the ADU when a garage, carport, or covered parking structure is converted to an ADU. e) Defines “tandem parking” as two or more automobiles that are parked on a driveway or in any other location on a lot, lined up behind one another. f) Provides that no setback shall be required for an existing garage that is converted to a portion of an ADU. The purpose of this and other ADU laws are to help address California’s housing shortage, and make it easier to develop and rent ADUs.

SB 229 (Wieckowski): ADU Laws —

According to the author, SB 1069 (Wieckowski, 2016) significantly eased the barriers to the construction of ADUs. As a result, local agencies now ministerially review an ADU application within 120 days, and can automatically approve applications to convert existing spaces to ADUs, provide exemptions for parking requirements, charge proportionate or no connection fees or capacity charges, and provide exemptions for fire sprinkler requirements. The language in SB 1069, however, caused confusion around some of its most significant provisions.

This bill clarifies that an ADU may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separately from the primary residence. This bill also includes special districts and water corporations in provisions regarding fees to ensure that no connection fees or capacity charges occur when an existing structure is converted into an ADU. This bill also more clearly defines tandem parking, clarifies that an ADU may reside on a lot with a proposed or existing single-family dwelling, and permits HCD to review and comment on ADU ordinances.

IMMIGRATION & CITIZENSHIP POLICY LAWS AB 291 (Chiu): Property Owner Penalties For Disclosing Tenant Immigration Information —

The bill enacts the Immigrant Tenant Protection Act of 2017, which establishes various forms of punishment and penalties against property owners for disclosing or threatening to disclose immigration or citizenship information of prospective tenants, tenants, and those known to be associated with them. It also prohibits disclosing immigration and citizenship status for the purpose of harassing, intimidating, retaliating against, or influebrha.com

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SB 442 requires newly constructed or remodeled swimming pools at private single-family residences to incorporate at least two of seven specified drowning-prevention safety features.

encing a tenant or prospective tenant. Thus, it clarifies the state law on retaliatory eviction and harassment. Penalties include up to 12x the rent, injunctive relief, and notification to the district attorney for prosecution for extortion. The new law also allows non-profit organizations to have standing to sue property owners to enforce tenant rights with respect to these new immigration information rights, and allows for attorney’s fees and costs.

AB 299 (Calderon): Statewide Ban on Compelling Owners to Collect & Report Tenant Immigration Info — The bill, which our association

co-sponsored and supported, bars all state and local public entities from compelling rental property owners and managers to compile, disclose, report, provide any information, or to otherwise take any action, including denying accommodations, based on the immigration or citizenship status of a tenant or prospective tenant.

Previously, only cities and counties were barred from compelling owners to divulge and collect tenant immigration information.

Owners continue to be prohibited from collecting and reporting such information on their own. The purpose of the bill is to protect tenants from discrimination, and to protect owners from being forced to discriminate against their tenants.

Rental property owners will continue to be authorized to request information or documentation necessary to determine or verify the financial qualifications of a prospective tenant and to determine or verify the identity of a prospective tenant.

AB 1690 (Judiciary): Immigration Status Deemed Irrelevant to Issue of Liability — This

bill establishes that for the purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of 24 RENTAL HOUSING

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liability in a civil suit, and that no inquiry shall be permitted into a person’s immigration status, unless it is necessary in order to comply with federal immigration law.

SERVICE OF PROCESS LAWS AB 1093 (Chen): Service of Process — The bill allows service of process on the first delivery when the only known address is a private mailbox obtained through a commercial mail-receiving agency.

SAFETY & DISCLOSURE LAWS SB 442 (Newman): Pool and Spa Safety Feature Requirements — This bill requires newly constructed or

remodeled swimming pools at private single-family residences (including single family homes that are rented) to incorporate at least two of seven specified drowning-prevention safety features. It also requires home inspections conducted as part of the transfer of a property with a pool to include an assessment of whether the pool is equipped with adequate safety features.

The safety features are: a) an enclosure separating home access points from the pool and meeting specific requirements with respect to height, gaps, latches, and any features that could serve as handholds or footholds; b) a removable mesh fence meeting specific standards set by the American Society for Testing and Materials (ASTM),

equipped with a self-closing, self-latching gate that can accommodate a lock; c) a pool cover meeting specific ASTM standards; d) exit alarms on all doors that provide access from the home to the pool; e) self-closing, self-latching devices, with release mechanisms placed no lower than 54 inches above the floor, on all doors that provide access from the home to the pool; f) a pool alarm designed to sound in the event of an unauthorized entrance into the water and independently certified as meeting specific ASTM standards; g) another feature providing as much or more protection than the above devices and independently verified as meeting ASTM standards.

AB 646 (Kalra): Flood Disclosures — This bill

requires rental property owners to make several new disclosures to tenants, including whether the property is located in a flood hazard area if the owner has actual knowledge of such information. Disclosures will be required for every lease or rental agreement beginning July 1, 2018.

“Actual knowledge” includes, but is not limited to the following: a) the owner has received written notice from any public agency stating that the property is located in a special flood hazard area or an area of potential flooding, b) the property is located in an area in which the owner’s mortgage holder requires the owner to carry flood insurance, c) the owner currently carries flood insurance.

Other mandatory disclosures include the following: 1) that the tenant may obtain information about hazards, including flood hazards, from a specified website maintained by the Office of Emergency Services; 2) that the tenant should consider purchasing renter’s insurance or flood insurance to insure his or her possessions from loss because the landlord’s insurance does not cover such loss; 3) that the landlord is not required to provide additional information concerning flood hazards to the property and that the information provided by this bill is deemed adequate to inform the tenant.

The purpose of the bill is to ensure tenants are aware of any potential threat that the property may flood. According to the author, tenants are oftentimes not aware if a property is prone to flooding or has had a history of flooding prior to signing a rental agreement.

Owners are advised to include a sentence in their rental agreement forms that states the owner does or does not have actual knowledge that the property is in a flood hazard zone.

Owners must also include disclosures 1-3 (above) in all rental agreements.

AB 1521 (Bloom): Notice of Expiration of Rental Restriction Assistance — This bill requires owners of expiring affordable rental properties to accept any market-rate purchase offer from a qualified preservation entity that intends to maintain the property’s affordability restrictions.

The bill also requires owners of properties in which affordable housing rental restrictions will be expiring after January 1, 2021, to provide notice of the expiring rental restrictions to

prospective tenants at the time they are interviewed for eligibility, and to existing tenants by posting notice in an accessible location of the property.

EMPLOYMENT LAWS AB 168 (Eggman): Prohibition on Seeking Salary Information — This bill prohibits all employers,

including the Legislature, the State, and local governments, from seeking salary history information, including compensation and benefits, about an applicant for employment. Bill also requires an employer to provide the pay scale for a position to an applicant upon reasonable request. Owners are advised to edit their employment applications to exclude questions seeking prior employment salary information.

AB 1008 (McCarty): Criminal History Information In Employment Hiring Decisions — This bill

prohibits an employer of five or more employees from inquiring about or considering a job applicant’s conviction history prior to a conditional offer of employment. The purpose of the bill is to give those with criminal convictions in their past a better chance at landing a job. The new law gives applicants with a criminal record the opportunity to be judged on their qualifications, not their criminal histories. Once a conditional offer has been made, however, there is nothing preventing an employer from conducting a background check and utilizing that information to make hiring decisions.

Employers intending to base at least part of their decision to not hire an applicant based on the applicant’s conviction history must make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job that justify denying the applicant the position. Factors that must be taken into consider include all of the following: (a) the nature and gravity of the offense or conduct, (b) the time that has passed since the offense or conduct and completion of the sentence, (c) the nature of the job held or sought. Employers must also provide written notice to those it intends to deny employment on the basis of their criminal history that identifies the disqualifying conviction, and contains the conviction history report. The notice must also inform the applicant of his or her right to respond to the notice of the employer’s preliminary decision before that decision becomes final and the deadline by which to respond. The explanation must inform the applicant that the response may include submission of evidence challenging the accuracy of the conviction history report that is the basis for rescinding the offer, evidence of rehabilitation or mitigating circumstances, or both.

Applicants have five days to respond before an employer may make a final decision. Five additional days are granted if the applicant notifies the employer in writing that the applicant disputes the accuracy of the conviction history report, and is taking specific steps to obtain evidence supporting that assertion.

A final decision to deny employment that is at least partly due to an applicant’s conviction history must be noticed in writebrha.com

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UPCOMING EVENTS EBRHA Office Closed D ATE & TIME FRIDAY, DECEMBER 22 & MONDAY, DECEMBER 25 FRIDAY, DECEMBER 29 & MONDAY JANUARY 1

Small Property Owners Roundtable D ATE & TIME M ODERATOR

PRICE

TOPICS

TUESDAY, JANUARY 9; 4:00 P.M. - 5:00 P.M. Wayne Rowland, EBRHA Board President Free to members only An informal discussion on management issues and solutions

EBRHA Office Closed D ATE & TIME MONDAY, JANUARY 15

EBRHA Member Meeting D ATE & TIME SATURDAY, JANUARY 20; 10:00 A.M. - NOON

PRICE Free to EBRHA members only TOPICS New Laws for 2018 — Presented by Ron Kingston, EBRHA State Lobbyist

Everything Zero Waste D ATE & TIME

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TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. REGISTRATION REQUIRED 26 RENTAL HOUSING

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ing to the applicant. The final notice must include any existing procedure to the employer has for the applicant to challenge the decision, and inform the applicant of his or her right to file a complaint with the Department of Fair Employment and Housing.

The new law does not apply to a position with the state or local agency, a criminal justice agency, a farm labor contractor, or other employer required by law to conduct a background check.

Rental housing owners must follow these new hiring rules or risk being sued.

Owners are advised to assess state law regarding liability and safety of tenants, guests, and invitees and balance these against the new requirements.

AB 1701 (Thurmond): General Contractors and Subcontractors to be Jointly Liable for Unpaid Wages, Including Fringe Benefits — The new law

will apply to contracts entered into on and after January 1, 2018 with a general contractor for any debt owed to a wage claimant that is incurred by a subcontractor. The Labor Commissioner may enforce the liability against a direct contractor through either a civil action or administrative process for the dispute of unpaid wages. For private works, the civil actions are to be filed within one year of: an owner recording a notice of completion of work of improvement within 15 days of the work being completed, an owner recording a notice of continuous cessation of labor on work of improvement or actual completion of work.

The direct contractor may request and the subcontractor shall provide: payroll records which at a minimum contain the information required under existing law for paystubs; information that includes the project name, name and address of the subcontractor, anticipated start date, duration and estimated journeymen and apprentice hours; and contact information for its subcontractors on the project.

SB 258 (Lara): Cleaning Product Right To Know Act of 2017 — This bill creates the Cleaning Product Right To Know Act of 2017, which requires manufacturers of cleaning products to disclose specified chemical ingredients on a product label and on

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the manufacturers website. According to the author, “[c]leaning products are used by millions of Californians every day and contain thousands of chemicals – many of which are toxic and have been associated with cancer, asthma and other respiratory damage, skin allergies, and reproductive, developmental, and hormonal changes. Many are poisonous. This bill requires cleaning product manufactures to disclose the chemicals used in their products. The disclosure will help inform rental property owners, tenants, and janitorial service employees and/or companies about the chemicals used in the products that are found or used on the property.

OTHER HOUSING-RELATED LAWS AB 1691 (Judiciary): Unlawful Detainer Reporting — The bill removes a law that was deemed unconstitu-

tional 20 years ago. Specifically, Civil Code Section 1785.13(a) (3) prohibits consumer credit reporting agencies from reporting unlawful detainer actions unless the lessor was the prevailing party. Shortly thereafter, a business dedicated to reporting unlawful detainer case outcomes, U.D. Registry, sued the State of California on the grounds that Civil Code Section 1785.13(a) (3) violated the First Amendment to the U.S. Constitution. U.D. Registry prevailed. The California Court of Appeal for the 4th District held that the Legislature could not, consistent with constitutional free speech principles, restrict the ability of credit agencies to report lawfully obtained truthful information contained in court records open to the perusal of everyone. (U.D. Registry Inc. v State of California (1995) 34 Cal.App.4th 107.)

The California Supreme Court declined a petition for review of the decision, leaving it standing. Since that time, the statute has been void and unenforceable. Nonetheless, it has never been repealed and remains part of the California Codes. This bill repeals it and removes it from the code.

SB 173 (Dodd): California Real Estate Department Renamed — The bill removes, as of July 1, 2018, the

California Bureau of Real Estate (CalBRE) from the Department 28 RENTAL HOUSING

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of Consumer Affairs (DCA) and instead renames it the Department of Real Estate (DRE) and places it within the Business, Consumer Services, and Housing Agency (BCSH). The reorganization is a cost saving and efficiency measure. Licensing disclosure requirements will change due to SB 173 becoming law. Real estate agents will be required to change all advertising, legal documents, business cards, and websites that contain the old department name.

SB 598 (Hueso): Utility Disconnections — This bill requires the

California Public Utilities Commission (CPUC) to adopt rules, policies and regulations with the goal of reducing the statewide level of gas and electric utility service disconnections for nonpayment by residential customers and extends special considerations to residential customers who have specified medical conditions or who have a member of the household with those conditions.

2018 PROPOSED PENDING LEGISLATION / PROPOSITIONS SB 721 (Hill): Mandatory Inspections of Balconies and Decks — This 2-year bill proposes to require

property owners of three-units or more to hire a qualified inspector every six years to inspect 15% of all exterior wood supported or stabilized walking surfaces above six feet from the ground, including decks, balconies, porches, stairways, walkways, entry structures, and their supports and railings. Because owners are already subject to rigorous inspection and maintenance standards, additional inspections are redundant and unnecessarily costly. Instead of requiring regular state-mandated inspections, the legislature should focus on strengthening inspections that are already in existence, and amending the building code to ensure better materials are used.

AB 1506 (Bloom): Statewide Rent Control —

This 2-year bill will be voted on in 2018. In its current form it repeals the Costa Hawkins Act. The Act, adopted in 1995, prevents cities and counties from adopting harsh rent control policies, which include: 1) Regulating initial rental rates and rates established after a change in tenancy; 2) Rent controls on housing constructed after 1995; and 3) Rent controls on single-family homes.

The Costa Hawkins Act was adopted specifically to curb out-of-control and extreme rent control and vacancy decontrol policies that at the time were popping up all over the state.

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New proposed state regulations would expand protections for tenants with disabilities.

2018 Ballot Initiative — Costa Hawkins Full Repeal — Tenant

advocacy groups have filed a proposed ballot initiative to repeal the Costa Hawkins Act and expand rental control laws across the state. To qualify for the November 2018 ballot, the group sponsoring the initiative needs 365,880 valid signatures. Between this initiative and Bloom’s AB 1506, the Costa Hawkins Act is being attacked from all sides. Now is the time more than ever for property owners to get politically active.

OTHER PROPOSED STATE REGULATIONS The State’s housing agency, Department of Fair Employment and Housing (DFEH), through its Fair Employment and Housing Council (FEHC) is proposing three sets of new housing discrimination regulations (also referred to herein as “regs”) relating to assistance animals, criminal background checks, and national origin discrimination. As described in more detail below, the new regulations completely overhaul prior law, and impact residential rental property owners in significant ways. FEHC will begin working on another regulation relating to occupancy standards in 2018.

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in DFEH’s regulatory process from the very beginning, attending and participating in all public meetings, and submitting nearly a dozen letters opposing various provisions of the new proposals. While many of our proposed amendments have been taken and written into the new regulations, many have not. The final product is a set of new, extensive, and in many ways burdensome regulations that will undoubtedly impact every residential rental property owner in the state.

When the new regulations are set to go into effect, we will provide our members with a comprehensive guide to the new regulations and information about how to comply.

Criminal Background Screening — In 2016, the U.S. Department of

Housing and Urban Development (HUD) provided new housing guidelines prohibiting various forms of housing discrimination based on a tenant’s criminal history.

Specifically, HUD’s new guidelines prohibit rental-housing decisions that have a “discriminatory effect” on protected classes unless there is a “business necessity” for the decision. Discriminatory effect (also called “disparate impact”) is a legal theory of discrimination that is based on whether a business decision disproportionately affects a whole class of people. Under the theory, tenancy decisions based on criminal history may have a disproportionate affect on minori-

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ties because minorities are arrested and convicted at rates disproportionate to their share of the general population. By example, HUD states that exclusions of tenant applicants based on prior arrests alone will likely have a discriminatory effect on minorities and would not meet the business necessity rule because there is no business reason to exclude those with arrest records. Thus owners may not exclude tenants based on prior arrests alone.

DFEH is finalizing its own set of criminal history discrimination regulations based largely on HUD’s guidelines and the discriminatory effect doctrine.

Under the new regulations, use of criminal history information to make tenancy decisions must be based on a business necessity, or a substantial, legitimate, nondiscriminatory interest, like safety.

Additionally, rental property owners must consider feasible alternatives to excluding tenants with criminal histories.

Owners will therefore likely be required to conduct an individualized assessment of all tenant applicants with a criminal history, and consider whether there are feasible alternatives to excluding tenants with criminal pasts. Individualized assessments include considering any mitigating information, any rehabilitation efforts by the applicant, the tenant’s tenancy record, the factual accuracy of the incident, the type of conviction, and how long ago the conviction occurred. Owners will likely also need to adopt application procedures that do not assess criminal history in the first round of interviews.

The new regulation is comprehensive and extensive. We will provide our members with a comprehensive overview of the new regulations next year.

Reasonable Accommodations for Assistance Animals — DFEH

has proposed new regulations requiring rental property owners to provide reasonable accommodation to disabled tenants for a host of new reasons, including for “assistance animals” like emotional support animals. Federal HUD guidelines already require owners to make reasonable accommodation for those with disabilities, including for assistance and emotional support animals. California’s version of the regulations expands on the

federal guidelines.

Under the new regulations, owners will have to make reasonable accommodation under a host of new circumstances. Requirements include, but are not limited to, allowing disabled tenants to pay later than the due date, allowing third-parties to co-sign a disabled tenants lease, and providing disabled tenants more time to move after a successful unlawful detainer. If there are disputes about whether an accommodation is required, owners and tenants must meet to try to work out their differences.

Regarding animals, owners will be required to allow owners to have emotional support animals. These animals are not limited to cats and dogs, and may include any type of animal allowed by ordinance, including insects, mammals, amphibians, and others. There is no limit to the number, type, size, or breed of the animal, as long as a medical professional prescribes the animal.

Proof that a disability exists and need for the accommodation is required by the tenant if the disability accommodation need is not apparent. But tenants can provide proof through various means including a “reliable third party,” receipt of disability benefits, a medical professional, health care provider, a non-medical service agency or individual, and even from a peer support group. Owners may follow up with the sources of proof, but may not ask about specific medical information.

Additionally, support animal certification from an online service that does not include an individualized assessment from a medical professional is presumptively considered not to be information from a reliable third party.

An accommodation may be denied if, among other reasons, the accommodation would constitute a fundamental alternation of the services provided, or would impose an undue financial or administrative burden considering, in part, the finances of the owner, the benefits to the tenants, and the availability of alternative accommodations. An accommodation for an animal can also be denied if the animal would constitute a direct threat to the health and safety of others or would cause substantial property damage.

Owners may establish reasonable rules to ensure the animal is under the control

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“We will provide our members a more detailed guideline of the rules in 2018 when the new rules are expected to go into effect.” of the tenant and is not creating a nuisance for others. Tenants must also pay for damage caused by their animal. However, pet fees and deposits are not allowed. There is a lot more to the new disability accommodation rules. We will provide our members a more detailed guideline of the rules in 2018 when the new rules are expected to go into effect.

National Origin Employment Discrimination

— DFEH’s proposed new national origin employment discrimination regulations greatly expand prior California rules on the subject. National origin as a protected class was originally meant only to protect against discrimination based on place of birth. It has evolved, however, to protect much more, including citizenship and immigration status; physical, culture, and linguistic characteristics; association with members of a national origin group including through marriage; membership in an organization; participation in schools, churches, temples, mosques, or other religious institutions; and a person’s name.

The new regs prohibit English-only restrictions, English proficiency tests, and discrimination against a person’s accent in the employment setting unless a business necessity exists.

Other rules bar retaliation and harassment based on national origin. They also bar discovery of a litigant’s immigration status in civil cases. They even bar height and weight discrimination because those characteristics, it is argued, can be associated with a person’s culture and national origin.

It should be noted that many of the new regulations are based largely on already existing federal rules promulgated by the Equal Employment Opportunity Commission (EEOC).

Although the new regulations do not apply to landlord-tenant law, they likely will soon. For now, rental property owners will have to follow the new rules when they go into effect as they apply in the employment context.

Occupancy Limits — DFEH will be proposing new

occupancy limit regulations which will do away with the current unofficial “2 plus 1” standard in favor of one that would be based on square footage and habitable rooms. The “2 plus 1” standard allows owners to limit the maximum number of persons that may reside in a unit to 2 persons per bedroom plus 1 additional person. Under the current standard, therefore, an owner could limit the maximum number of persons living in a 3-bedroom unit to 7 people.

The proposed standard, however, would be based on square footage and habitable areas. Habitable spaces would include such areas as the foyer, kitchen nook, dining area, laundry room, living room, etc. Under the proposed standard, an owner 32 RENTAL HOUSING

| DECEMBER 2017 |

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of a 3-bedroom unit might have to accommodate up to 15 people. The new standard will impact water and sewer services, create unhealthy, unsafe and unsanitary conditions, become a nuisance to other neighbors, and possibly lead to damage and deterioration of the property.

REMINDER ON IMPORTANT PREVIOUSLY-SIGNED NEW LAWS The following are laws that were previously signed into law, but do not go into effect until 2018:

Bed Bug Disclosures (AB 551, Statutes of 2015)

— Starting July 1, 2017 rental property owners must provide to all new tenants written notice in 10-point font containing the following information: 1) educational information about bed bugs, 2) the procedure to report suspected infestations to the owner, and 3) 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.

The educational information must include the following: a) general information about bed bug identification, b) behavior and biology, c) importance of cooperation for prevention and treatment, d) importance of prompt written reporting of suspected infestations to the landlord; and e) procedure to report suspected infestations to the owner.

Water Sub Meters, New Construction/ Billing Requirements (SB 7, Statutes of 2016) — On

January 1, 2018, water submeters are to be installed in new multifamily construction or mixed used commercial properties.

In addition, tenants that are to be billed for actual water use through submeters are to receive a specified notice at point of rent concerning the billing and are to receive notice about water usage on each water bill. Owners will be permitted to charge up to $4.75 per bill for administrative processing. Repair and replacement of water related drips and leaks are to be completed within 21 days. Remedies for non-payment are restricted.

Billing for excessive water use is defined. Deductions from a tenant’s security deposit will be permitted if the tenant fails to pay his or her water bill. Grace periods to pay water bills are defined. Limitations on late payment fees are specified. Residential utility billing (RUBS) is restricted. RH

The information provided herein is intended to provide general guidance and awareness on recently passed state laws and regulations and shall not be construed in any way as a substitute for individual legal advice. Those that require specific advice should consult an attorney. Ron Kingston is EBRHA’s state lobbyist and President of the California Political Consulting Group. He can be reached at ron@CALPCG.com or 916-447-7229.

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COLUMN

esq. & a

in an eviction controlled unit can generally replace a departing tenant with a subtenant. Under these circumstances, the landlord cannot unreasonably withhold consent even when there is a lease provision to the contrary.

Tenant Obligated to Maintain the Habitability of the Rented Unit. A landlord must deliver the rental unit in a condition fit for residential occupation and must repair all subsequent dilapidations which render the unit untenantable.

This requirement cannot be waived, so Property owners should be careful to avoid illegal lease provisions shifting this obligation or language in lease agreements. BY STEVE WILLIAMS contradicting it are generally unenforceable.

Shared Utilities With Other Tenants in the Building. In an Oakland rent controlled unit, when more than one rental unit shares any type of utility bill with another rental unit, it is illegal to divide the bill between units. In other words, each tenant must be separately billed for the utility. A landlord cannot require tenants to share utility bills.

Other provisions may be enforceable on their face, but may become unenforceable under certain circumstances. For example, a tenant with a disability is entitled to a reasonable accommodation for that disability, which may require a landlord to make exceptions to lease provisions. A common example of this is that a landlord may have to permit a tenAre there any provisions that Tenancy Terminates at End of Lease. ant to have a service or comfort animal are prohibited in a lease agreeMany landlords believe that when the as an accommodation for a disability ment? I want to create some of my lease is up, the tenancy terminates and notwithstanding a strict pet prohibition own rules and clauses, but I don’t the tenant must move. Leases may in the lease. want to break any laws. contain such provisions. However, in an There are many things you must Oakland eviction-controlled unit, the consider when preparing a new lease. You This is a very broad question with tenancy cannot be terminated without should consult with a landlord-tenant endless answers. But in general, just cause, and the lease expiration attorney to determine which provisions you cannot rent a unit for an illegal is not just cause for eviction. In such you would like to include in a lease and purpose or require the tenant to do situations, the tenancy whether or not you can anything that violates the law. Tenants continues on a month-to“There are many include and enforce have legal rights, many of which cannot month basis. things to consider them. be waived. And in a rent and eviction Absolute Prohibition when preparing —STEVE WILLIAMS RH controlled jurisdiction such as Oakland, Against Subletting. While a new lease. You tenants have even more legal rights. Any it is not uncommon should consult with information contained lease provisions that require a tenant for a lease to contain a an attorney to deter- The in this article is general in to do something that contradicts these provision prohibiting mine which provinature. Consult the advice of an attorney for any specific rights is unenforceable. or restricting subletting, sion you would like problem. Steve Williams Here are some common examples of the provision may not to include in a lease is an attorney with Fried & potentially unenforceable provisions in be enforceable under and whether or not Williams LLP and can be reached at 510-625-0100 or an Oakland rent and eviction controlled certain circumstances. you can include and www.friedwilliams.com. tenancy: For instance, the tenant enforce them.”

Illegal Provisions

Q A

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UPDATED CURRICULUM!

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• Equitable treatment of current and potential residents • Resident retention and the maintenance of a positive company image • Consistent and ongoing resident communication • Positive resident service and issue resolution • Enforcement of company policy in compliance with laws and regulations

• Systematic employee evaluation • Employment regulations and record keeping • Analysis of the property’s financial operations with corrective actions for underperformance • Monitoring of property performance to achieve the owner’s investment goals • Accounting principles and practices

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• Service request process • Apartment turnover process

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ebrha.com

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RENTAL HOUSING 35

community calendar EVENTS & CLASSES

december

january

FRIDAY, DECEMBER 22 & MONDAY, DECEMBER 25 EBRHA Office Closed — Christmas Holiday

MONDAY, JANUARY 1 EBRHA Office Closed — New Year Holiday

FRIDAY, DECEMBER 29 & MONDAY, JANUARY 1 EBRHA Office Closed — New Year Holiday

TUESDAY, JANUARY 9 Small Property Owners Roundtable An informal discussion on management issues and solutions Moderated by Wayne Rowland, EBRHA President Free to members only 4:00 p.m. - 5:00 p.m.

MONDAY, JANUARY 15 EBRHA Office Closed — Martin Luther King Jr. Holiday SATURDAY, JANUARY 20 EBRHA Member Meeting • New Laws for 2018 — Presented by Ron Kingston, EBRHA State Lobbyist 10:00 a.m. - Noon THURSDAY, JANUARY 25 Everything Zero Waste Presented by OaklandRecycles Team Topics include: • Improving and increasing resident compost and recycling participation • Establishing and maintaining clean enclosures • Avoiding contamination surcharges • Managing successful Bulky Pickups Free to Members & Non-Members 6:00 p.m. - 7:30 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.

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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

2018 (2.3%) 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.

2017. . . . . . . . . . . . . . . . . . . . . . . . 1.8% 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% (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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RENTAL HOUSING 37

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

24 HOUR LIVE ANSWERING SERVICE

Direct Line Tele Response Beth Devine | 510-843-3900 www.directlineanswers.com

Richards Law John Richards | 925-231-8104 www.richards-legal.com

ACCOUNTING & TAX

The Evictors Alan J. Horwitz | 510-839-2074

The Lee Accountancy Group, Inc. Jong H. Lee, CPA | 510-836-7400 jhlee@theleeaccountancy.com

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

Martin Friedrich, CPA 510-895-8310 www.besttaxcpa.com

Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.com

APPLIANCE SALES & PARTS

Appliance Parts Distributor Mike De Fazio | 510-357-8200 www.apdappliance.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 ASSOCIATIONS

BOMA Oakland/East Bay Julie Taylor, CAE | 510-893-8780 www.bomaoeb.org

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 | 510-601-2401 bharvey@lbsavings.com Pacific Western Bank Marc Lipsett | 510-332-6964 www.pacificwesternbank.com

Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com

Bridge Bank Dale Marie Golden | 510-899-7536 dale.golden@bridgebank.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 ATTORNEYS — REAL ESTATE/CORP.

Fried & Williams LLP Clifford Fried | 510-625-0100 www.friedwilliams.com

Legally Mine Tyson Rollins | 801-770-1430 tyson@legallymineusa.com

Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com

Miller Property Law Inga Miller | 925-402-2192 www.millerpropertylaw.com

Law Offices of Brent Kernan Brent Kernan | 510-712-2900 bkernan@aol.com

Richards Law John Richards | 925-231-8104 www.richards-legal.com

| DECEMBER 2017 |

BANKING/LENDING

Chase Commercial Josh Milnes | 510-891-4545 josh.milnes@chase.com

Beckman, Feller & Chang P.C. Fred Feller | 510-548-7474 www.bkjf.com

Burnham Brown Oakland/Berkeley Association of Realtors Charles Alfonzo | 510-835-6825 Davina Lara | 510-836-3000 www.burnhambrown.com oaklandberkeleyaor.com Ericksen Arbuthnot Oakland Chamber of Commerce Jason Mauck | 510-832-7770 Barbara Leslie | 510-874-4808 www.ericksenarbuthnot.com www.oaklandchamber.com Fried & Williams LLP ATTORNEYS — EVICTIONS/PROPERTY Clifford Fried | 510-625-0100 OWNER DEFENSE www.friedwilliams.com Beckman, Feller & Chang P.C. Harding Legal Fred Feller | 510-548-7474 Elva Harding | 415-967-7570 www.bkjf.com www.edhlegal.com Bornstein Law Jack Schwartz, Attorney at Law Daniel Bornstein | 510-836-0110, x1007 Jack Schwartz | 650-863-5823 www.bornsteinandbornstein.com jwsjr1220@comcast.net Burnham Brown Law Offices of Bill Ford Charles Alfonzo | 510-835-6825 Bill Ford | 415-306-7840 www.burnhambrown.com www.billfordlaw.com Ericksen Arbuthnot Law Offices of John Gutierrez Jason Mauck | 510-832-7770 John Gutierrez | 510-647-0600, x2 www.ericksenarbuthnot.com www.jgutierrezlaw.com

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Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.com

ebrha.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 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

vendor directory All Buildings Contracting & Development Thomas Electric Co. (TEC) Rick Quinn | 510-545-9016 Thomas Hurtubise | 510-814-9387 rickquinn55@gmail.com www.tecelectric.net APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com IRC General Contracors Peter Katsafouros | 510-882-4311 www.irc-construction.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Reedco Building Innovations Beth Wilson | 510-283-5257 www.reedcobuilding.com 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

Abode Services Audrey Kwon | 510-657-7409 x232 www.abodeservices.org HUMAN RESOURCES MANAGEMENT

ELEVATOR REPAIRS

Paramount Elevator Corp.

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

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

FINANCIAL PLANNING

INDOOR AIR QUALITY/MOLD & ODOR REMOVAL

Enhance Wealth Advisors Terry Allen, CFP®, AWMA SM 925-932-8609 info@enhancewa.com

ECS Group, Inc. Shawn Rau | 707-732-3370 shawn@ecsgroup.net Green Home Solutions—East Bay Howard Oliver | 510-666-6711 www.ghsnorcal.com

FIRE PROTECTION

All-Guard Alarm Systems Sean Cooke | 510-909-7230 www.allguardsystems.com

INSPECTIONS

ECS Group, Inc. Shawn Rau | 707-732-3370 shawn@ecsgroup.net

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

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

FLOOR COVERINGS

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

INSURANCE

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

GOVERNMENT AGENCIES

Oakland Housing Authority Leased Housing | 510-874-1500 www.oakha.org

Commercial Coverage Insurance Paul Tradelius | 415-436-9800 www.comcov.com

HANDYMAN SERVICES

Gordon Insurance Pamela Hutchins | 877-877-7755 www.gordoninsurance.com

APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com

The Greenspan Co./Adjusters Int’l.

Rich Hallock | 866-331-4790 www.greenspan-ai.com

Christopher Simmons 510-776-2697 c2thejay44@gmail.com

PFN Insurance Services Nicholas Penland | 510-483-6667 www.pfninsurance.com

Halcyon Properties Roger Shane | 510-847-7075 rbshane@aol.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey | 510-727-9128 cpmbailey@sbcglobal.net

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

HAULING SERVICES

KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com HEATING & AIR CONDITIONING

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

Martinez Real Estate Investment Jose Martinez | 510-769-0436

Albert Nahman Plumbing & Heating Albert Nahman | 510-843-6904 www.albertnahmanplumbing.com

LAUNDRY EQUIPMENT

CSC ServiceWorks Stacy Weaver | 800-954-9000 x54313 www.cscsw.com

San Francisco Heating and Cooling Pablo Richards | 415-286-2540 sfheatingandcooling@yahoo.com

Excalibur Laundries Richard Lisowski | 510-872-1664 www.excaliburlaundries.com

HOUSING SERVICES

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

Innovative Coin Cheri Guffey | 510-259-1494 www.innovativelaundry.com

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vendor directory PWS, The Laundry Company Herb McKay | 650-871-0300 www.pwslaundary.com

POWER WASHING

Golden Gate Pressure Wash Gustave W. Link | 415-935-3160 www.ggpw-6c.com

LEAD, MOLD & PEST MANAGEMENT

Alameda County Healthy Homes Dept.

Larry Brooks | 510-567-8282 larry.brooks@acgov.org or aclppp.org LITIGATION SUPPORT SERVICES

PRIVATE INVESTIGATIONS

Sam Brown Investigations Sam Brown | 415-621-5918 www.sambrowninvestigations.com PRIVATE PROFESSIONAL FIDUCIARY

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

Noel Parker, Fiduciary Noel Parker | 510-260-3520 www.noelparkerfiduciary.com

LOCKSMITH EVICTION SERVICES

PROPERTY LEAK DETECTION

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

AquaTrip brought to you by GSFM Jeff Maloney | 916-933-9554 www.buyaquatrip.com

PAINT

PROPERTY MAINTENANCE

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

Alameda Co. Vector Control Services Daniel Wilson | 510-567-6826 daniel.wilson@acgov.org Burge Pest Control Rich Crawford | 888-292-7378 www.burgepest.com California American Exterminator Tami Stuparich | 831-338-4800 www.calamericanext.com Terminix Robert Sater | 510-489-8689 www.terminix.com Western Exterminator Company Steve McHenry | 510-606-0602 www.westernexterminator.com PLUMBING/WATER HEATERS

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

APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com

Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com

PROPERTY MAINTENANCE SOFTWARE

PEST & VECTOR CONTROL

Kasa Properties Tania Kapoor Mirchandani | 415-377-9452 tania@kasaproperties.com

A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com

KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com

Majestic Painters Nick Capurro | 925-336-0526 www.majesticpainters.com

ERI Property Management Terrence Sims | 510-883-7070 www.erirentals.com

SYNCrew John Cranston | 415-968-1593 www.syncrew.com PROPERTY MAINTENANCE SUPPLIES

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

Advent Properties, Inc. Benjamin Scott | 510-289-1184 www.adventpropertiesinc.com Bay Property Group Daniel Bornstein | 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner | 510-428-1864 www.beaconprop.com

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

Albert Nahman Plumbing & Heating Albert Nahman | 510-843-6904 www.albertnahmanplumbing.com

Big City Property Group Jill Broadhurst | 510-838-0655 www.bigcitypropertygroup.com

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

Fast Water Heater Company Michael Kirk | 866-465-7442 www.fastwaterheater.com

Canyon Pacific Management Tom Scripps | 415-495-4739 www.canyonpacific.com

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

L. J. Kruse Co. Beth Baldwin | 510-644-0260 www.ljkruse.com

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

Better Homes and Gardens Real Estate Serenity Thompson | 415-846-6957 serenity.thompson@bhghome.com

Roto-Rooter Martin Alvarez | 510-755-1262 sanactma@aol.com

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

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

Water Heaters Only, Inc. Yana Carpenter | 800-835-5946 www.waterheatersonly.com

The Enterprise Company William McLetchie | 510-444-0876 www.theenterpriseco.com

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

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vendor directory CBRE Keith Manson | 510-874-1919 www.cbre.com

Bay Property Group Cristian Villarreal | 510-474-7404 cristian@baypropertygroup.com

Coldwell Banker — Apartment Specialist John Caronna | 925-253-4648 www.eastbayIREA.com

Big City Property Group Jill Broadhurst | 510-838-0655 www.bigcitypropertygroup.com

Coldwell Banker Commercial Henry Ohlmeyer | 925-831-3390 www.coldwellbanker.com

Edrington & Associates Steven Edrington | 510-749-4880 steve@edringtonandassociates.com

Edrington & Associates Steven Edrington | 510-749-4880 steve@edringtonandassociates.com

Rent Board Matters Liz Hart | 510-813-5440 liz.hart1801@gmail.com

Lapham Company Tsegab Assefa | 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge | 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap Eli Davidson | 510-379-1280 eli.davidson@marcusmillichap.com

NAI Northern California Timothy Norkol | 510-336-4724 tnorkol@nainorcal.com

Frank Fiala Roofing Frank Fiala | 510-582-6929 www.ffialaroofing.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 RECYCLING/REUSE

Urban Ore Marylou Van | 510-841-7283 www.urbanore.com RENT & MARKET RESEARCH

Rentometer Michael Lapsley | 781-405-2978 www.rentometer.com RENT CONTROL CONSULTANTS

SOLAR ENERGY

Sunvalley Solar Keith Loebbecke | 510-294-0308 www.sunvalleysolarinc.com SUSTAINABLE ENERGY

Center for Sustainable Energy Alexandra Patey | 858-244-1192 www.energycenter.org/smp TENANT SCREENING SERVICE

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

ROOFERS

Fidelity Roof Company Doug Kellor | 510-547-6330 www.fidelityroof.com

Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com

Alameda County Tobacco Control Coalition Tamiko Johnson | 510-208-5916 tamiko.johnson@acgov.org

Caldecott Properties Julie Keys | 510-225-9244 www.caldecott.com

NAI Northern California Grant Chappell | 510-336-4721 www.naikilpatrick.com

Red Oak Realty Vanessa Bergmark | 510-292-2000 vanessa@redoakrealty.com

SMOKE-FREE HOUSING

Hamilton Properties Bay Area Delesha Hamilton | 404-606-2141 www.hamiltonpropertiesbayarea.com

Marcus & Millichap David Wolfe | 510-379-1200 www.marcusmillichap.com

Property Counselors Link Corkery, Inc. Nadine Corkery | link@linkcorkery.com www.pclclink.com

Sequoia Signs & Graphics Tom Schnurr | 925-300-1066 www.sequoiasigns.com

RENTAL SERVICES

A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com

The Pinza Group Steven Pinza | 510-725-4775 www.pinzagroup.com

SIGNAGE

TOWING SERVICE

PPI Towing Stephanie Gipson | 510-533-9600 www.ppitowwing.net TREE SERVICE

Coastal Tree Service Hans Waller | 510-693-4631 www.coastaltreeservice.com

General Roofing Company Michael Wakerling | 510-536-3356 www.generalroof.com

VETERANS SERVICE ORGANIZATION

Swords to Plowshares Norman Thomas | 510-844-7500 www.swords-to-plowshares.org

SECURITY/SURVEILLANCE

All-Guard Alarm Systems Sean Cooke | 510-909-7230 www.allguardsystems.com

WASTE & COMPOST COLLECTION

Junk King Contra Costa Krishna Vepa | 925-954-5420 krishna.vepa@junk-king.com

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

Waste Management Company Karen Stern | 510-430-8509 www.wastemanagement.com

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

WASTE & RECYCLING MAINTENANCE

Bay Area Bin Support Nancy Fiame | 888-920-BINS www.bayareabinsupport.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

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

W. Charles Perry & Associates W. Charles Perry | 650-638-9546 www.wcharlesperry.com

WINDOWS & SIDING

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

IRC General Contracors Peter Katsafouros | 510-882-4311 www.irc-construction.com

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RENTAL HOUSING 41

ad index

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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.

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Our membership consists of more than 1,400 rental housing owners, property managers, attorneys and other service contractors. Altogether, EBRHA represents over 20,000 rental units, and serves over 25 cities throughout Alameda and Contra Costa counties. n Property management advice by phone or in person n Tenant screening service (application/report fees apply) n Annually updated legal forms, including forms online 24/7 n Monthly workshops on new laws, rental agreements, security deposits, legal notices, fair housing, rent control, and more n Vendor directory of local businesses that offer exclusive member discounts n Annual trade expo and networking mixers n Monthly educational membership meetings n Community outreach and education n Local and state lobbying n An active and growing Legal Action Fund and Political Action Committee n Subscription to Rental Housing and units n Membership with the National Apartment Association and CalRHA

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Beacon Properties. . . . . . . . . . . . . . . . . . . . . 27 REAL ESTATE BROKERS

CBRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 RENT BOARD CONSULTANTS

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

Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 29 General Roofing Co. . . . . . . . . . . . . . . . . . . . 27 WASTE & RECYCLING MAINTENANCE

Bay Area Bin Support. . . . . . . . . . . . . . . . . . 44 WATERPROOFING

JOIN TODAY! CALL 510-893-9873 OR GO TO WWW.EBRHA.COM/JOIN 42 RENTAL HOUSING

| DECEMBER 2017 |

ebrha.com

Applied Waterproofing Systems . . . . . . . . 33 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.

UPDATED CURRICULUM!

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• Equitable treatment of current and potential residents • Resident retention and the maintenance of a positive company image • Consistent and ongoing resident communication • Positive resident service and issue resolution • Enforcement of company policy in compliance with laws and regulations

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