Rental Housing - June 2018

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | JUNE 2018

NEW STRICT REGULATIONS An in-depth look at Oakland’s new buyout ordinance and procedures

PLUS: HOW GOVERNMENTS PLAYED A ROLE IN CALIFORNIA’S HOUSING CRISIS — PART 2 UPDATE ON EBRHA’S LOBBYING EFFORTS IN SACRAMENTO

Contents

East Bay Rental Housing Association Volume XV, Number 6 | June 2018

JUNE 2018

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 | 510.318.8305 ASSOCIATION EXECUTIVE

Esteban Cortez | ecortez@ebrha.com | 510.318.8303 COMMUNICATIONS & MEMBER ENGAGEMENT MANAGER

Rae Schindler | rschindler@ebrha.com | 510.344.6646 MEMBER ENGAGEMENT & EDUCATION COORDINATOR

Erica Yarbrough | eyarbrough@ebrha.com | 510.318.8304 MEMBER ENGAGEMENT & MARKETING COORDINATOR

Sue Larsen | slarsen@ebrha.com | 510.318.8302 ACCOUNTING

8

14

A Job Well Done

Strict Regulations

BY RON KINGSTON

BY MATTHEW QUIRING

EBRHA OFFICERS PRESIDENT Wayne C. Rowland FIRST VICE PRESIDENT Luke Blacklidge SECOND VICE PRESIDENT Irina Gelfenbeyn CHAIR, POLITICAL ACTION COMMITTEE Rick Philips SECRETARY Nathan Durham-Hammer TREASURER Jason Russell EBRHA DIRECTORS

Symon Chang, Jacqueline Jacobs, Brent Kernan, Carmen Madden, Arcola Moore, Fred Morse, Conor Murphy, Joshua Polston, Jack Schwartz, Judy Shaw, Carlon Tanner

18

PUBLISHED BY

East Bay Rental Housing Association PUBLISHER

Wayne C. Rowland

Time to Look in the Mirror

MANAGING EDITOR Tina Bocheff ART DIRECTOR & COPY EDITOR Esteban Cortez ADVERTISING

Tina Bocheff | 510.318.8305

BY RON KINGSTON

Features & Columns 6

30

NEWS

Oakland Tenant Move Out Agreement Forms Available Online 12

ESQ&A

Three’s Company

BY MATTHEW QUIRING

EVENT PHOTOS

CalRHA’s 2018 Legislative Day in Sacramento

BY EBRHA STAFF

26

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.

TECH TALK

A Win-Win for Owners and Renters

BY LEAH GULLEY

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ebrha.com

Events & Directory 32 COMMUNITY CALENDAR 34 V ENDOR DIRECTORY 38 M EMBERSHIP INFORMATION 38 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 © 2018 by EBRHA. All rights reserved.

INFORMATION n NETWORKING n ADVOCACY n COMMUNITY IMPROVEMENT

12TH ANNUAL

Trade Expo & Symposium

DON’T MISS THIS SPOOK-TACULAR EVENT! All Bay Area rental housing vendors are invited to EBRHA’s 12th Annual Trade Expo. Share best practices and meet face-to-face with hundreds of rental owners who seek assistance with maintenance, management, legal and financial issues.

This year, our Expo will feature a Halloween theme and costume contest. Everyone is encouraged to participate for a chance to win fabulous prizes. Space is limited, so claim your space in advance!

VENDORS: RESERVE YOUR SPACE TODAY! THURSDAY, OCTOBER 25 GREEK ORTHODOX CATHEDRAL 4700 LINCOLN AVE, OAKLAND, CA

TO CLAIM YOUR SPOT EMAIL ERICA AT EYARBROUGH@EBRHA.COM OR CALL 510-893-9873

contributors

ONLINE

LEAH GULLEY Leah Gulley is the Communities Sales Specialist for Sonic.net. She is a part of a team whose goal is to build relationships with rental property owners and managers. She sets meetings and site surveys to best understand the rental property owners needs during Sonic’s installation of their Fiber Optic Internet and Phone service. Her goal is to create a hassle-free experience for both the rental property owner and the tenant. Leah has worked at Sonic for a year and a half and enjoys watching the growth of the company as Sonic expands into the East Bay.

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.

MATTHEW QUIRING Matthew P. Quiring is a graduate of UC Berkeley and Martin Luther King, Jr. School of Law at UC Davis, and has been assisting, advising, and representing rental owners in Alameda and the East Bay since 2009. After joining Fried & Williams in 2014, Matthew assisted clients with rentissues, wrongful eviction defense, settlements, writs and appeals, and general litigation. Matthew currently specializes in rental owner outreach and education, lease drafting, and real estate transactions.

In addition to his private practice, for the past 7 years, Matthew has partnered with the Volunteer Legal Services Corporation and the Alameda County Bar Association to provide pro bono legal services to low income rental owners.

TENANT SCREENING EBRHA provides members with lowcost online resident screening. Partnered with Contemporary Information Corp. (CIC), resident screening has one objective: to make sure your leasing decisions make the greatest possible contribution to your bottom line. As of 2018, rental property owners can collect a maximum of $49.12 for an application fee.

MEMBER PRICING Basic Report*. . . . . $15 Bad Check Search. $10 SSN Search . . . . . . . $7 Criminal . . . . . . . . . $10 Verbal and Fax Reports.Add $20

*Includes TransUnion credit report, FICO score and eviction history.

Sign-up and inspection required.

Call EBRHA for details.

510.893.9873 | FAX 510.893.2906 www.ebrha.com TEL

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COLUMN

news Oakland Announces New CPI Pass-Through Rate of 3.4% for 2018 The Oakland Rent Adjustment Program (RAP) has announced the new

Oakland Tenant Move Out Agreement Forms Available Online has made available the forms and disclosures required under the new Tenant Move Out Agreement Ordinance, which went into effect May 1, 2018. The forms are now available on EBRHA’s “Forms” page in the member portal found at www.ebrha.com.

Rental owners can also download the forms directly from the Rent Adjustment Program’s (RAP) website at rapwp.oaklandnet.com/about/laws. The new Ordinance sets procedures owners must follow if they wish to offer a tenant compensation to vacate their rental unit (also know as a buyout). New buyout regulations under the Ordinance include: providing tenants with a written “Disclosure Form” prescribed by the City; informing tenants of their right to consult with a lawyer; providing tenants with a statement allowing them to rescind the move-out agreement for up to 25 days after execution; putting each move-out agreement in writing; administrative citations and penalties if owner violates any provisions of the Ordinance; and additional penalties if the tenant is elderly, disabled or catastrophically ill. In addition, the owner must also file a pre-move out “Disclosure Form” with the Rent Adjustment Program prior to entering into move out negotiations. Due to the complex procedures associated with the new Ordinance, EBRHA encourages owners to consult with an attorney for any buyout negotiations. To read an in-depth article on the new buyout procedures, turn to page 14.

THE CITY OF OAKLAND

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CPI pass-through rate of 3.4%, effective July 1, 2018 through June 30, 2019.

As a reminder, per Oakland rent control laws, rent increases can only be passed on to tenants every 12 months after a tenant’s move-in date or 12 months after the last rent increase. Rental owners are also required to give tenants the “Notice to Tenants of the Residential Rent Adjustment Program (RAP)” form upon move in, as well as with every notice of rent increase or other notice of change in terms of tenancy. For more information, go to rapwp.oaklandnet. com.

Reminder: Oakland Uniform Relocation Ordinance in Effect In January 2018, Oakland City Council passed the Uniform Relocation Ordinance, which affects all rental units, even units exempt from rent control such as single-family homes and condos. Under the new Uniform Relocation Ordinance, relocation fees are required for owner/relative moveins, condo conversions, going out of business (Ellis Act), and code compliance issues. The fees are currently in effect and all residential rental property owners who terminate a tenancy based on the above reasons will be subject to pay the following until June 30, 2018 (adjusts for inflation annually on July 1st): $6,500 per studio/one bedroom unit; $8,000 per two bedroom unit; $9,875 per three or more bedroom unit; and $2,500 in additional fees for low income, elderly, disabled tenants, minor children. Important: Fees are per unit, not per tenant, and this Ordinance should not be confused with the previously-mentioned Tenant Move Out Agreement Ordinance, which addresses tenant buyouts. For more information, go to rapwp.oaklandnet.com. RH

COMMUNITY RENTAL PROPERTY OWNERS Partnering with Abode Services to End Homelessness WORKING WITH THE HOUSING MARKET

WORKING WITH RENTAL PROPERTY OWNERS

More so than any other nonprofit in the region, Abode Services possesses the necessary expertise to achieve permanent housing outcomes in the Bay Area rental market. We work directly with rental property owners to open up the market to families and individuals experiencing homelessness in Alameda, Napa, San Mateo, and Santa Clara Counties. We couple our rental assistance with intensive services to keep hundreds of households stably housed. This strategy is a major piece in our evidence-based Housing First approach that works to end cycles of homelessness, not simply manage it.

We partner with community rental property owners to create a situation that benefits everyone involved. In return for providing units of housing, we offer rental property owners a range of services and incentives, including: n Free assistance finding and screening tenants who seek long-term housing n On-time payments every month n On-call and assigned Abode Services staff to respond to rental property owners’ concerns n Higher security deposits that meet rental property owners’ needs n Free inspections to keep units up-to-date with Housing Quality Standards We work with our participants on being responsible tenants as well as building financial and personal stability to maintain their housing.

$16 million: Direct payments to rental property owners and property managers annually.

INTERESTED IN WORKING WITH US?

1,300+: Rental property owners actively leasing with Abode Services or our participants since 2013.

If you are a rental property owner — or know someone who is — with a current or anticipated vacancy, we are interested in hearing from you.

2,246: Individuals housed on a given night, instead of being homeless.

Find out how partnering with Abode Services can help you achieve your financial goals and make a difference in your community.

2,690: Active rental units since 2013.

Please contact us at landlords@abodeservices.org or 1.800.811.0393, or visit www.abodeservices.org/landlords.

Abode Services is one of the largest and most effective nonprofits working to end homelessness in the San Francisco Bay Area. Learn more at abodeservices.org.

Because everyone should have a home.

Louis Chicoine Executive Director 510.657.7409, ext. 206 lchicoine@abodeservices.org

Vivian Wan Chief Operating Officer 510.657.7409, ext. 212 vwan@abodeservices.org

COLUMN

capitol intelligence

A Job Well Done Amidst many policy challenges this year, EBRHA’s 2018 lobbying team carried out another successful Legislative Day in Sacramento. BY RON KINGSTON

T

he largest group of EBRHA members in many years attended this year’s annual CalRHA Legislative Day in Sacramento. As is the custom, EBRHA’s lobbying team lobbied against bills that would affect every rental property owner and manager, including: AB 2925 (Bonta) — Statewide Just Cause. The bill would prohibit residential rental property owners from terminating any lease without “good cause” (also called “just cause”). The “good cause” reason for termination must also be explained in a written notice with “particularity.” As EBRHA participants learned, the bill utterly fails to define “good cause” or the level of specificity required to meet the “particularity” requirement. The lack of guidance or standards would give courts unlimited 8 RENTAL HOUSING

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could charge the last tenant would be the rate previously offered, should that tenant reoccupy the unit.

AB 2343 (Chiu) — Breach of Lease and Authorizing Free Rent. AB 2343 rewards tenants who fail to pay their rent or who remain in wrongful possession of a rental unit by delaying the unlawful detainer (UD) process by a minimum of three weeks. Specifically, it increases the rent default 3-day “pay or quit” period to 10 days; increases the “cure or quit” period for lease violations other than rent default (i.e. illegal subletting, continually disturbing other tenants, or other illegal activity) from 3 days to 10 days; and increases a tenant-defendant’s answer period after a UD complaint is served from 5 days to 14 days.

As of mid-May, all three bills hadn’t yet been voted on, but they are likely to be voted on by the entire Assembly on or before May 31. AB 2343 was in the Assembly Appropriations Committee and is expected to be sent to the floor of the Assembly on May 24. EBRHA will send more updates on these three bills as they become available.

Quite frankly, it was a difficult decision to limit our lobby day to these measures because there were many others that could have made the “cut.”

Why These Particular Bills?

The unlawful detainer process has deteauthority to determine and define on a riorated from expeditious recovery of case-by-case basis whether a particular possession to a costly and ugly extortionjustification for a termination is valid. ate slugfest. The number one bill requirThe bill will also lead to inconsistent, ing attention this year would exacerbate selective, and discriminatory decisions. this problem by extending several Owners will have no basis for knowing important timelines in the UD process. what is expected or how to comply and Thus, AB 2343 was one of the bills that we ultimately lobbied against. it will empower tenants to litigate every Other factors go into choosing bills to single lease termination or eviction. lobby against. The magnitude or severity AB 2364 (Bloom) — Rent control of interest is considered. There is also the and the Ellis Act. Bloom’s bill proposes issue of scope — that to upend the Ellis Act by is, are rental housing doubling the number of “Rental owners face providers targeted alone years (from 5 to 10 years) a number of public or just swept up in a that an owner is subject policy challenges larger universe? And if to rent control on his or this year. It can be rental owners are the her units, should that argued that there targets, how pervasive owner go back into the are more controveris the circumstance? rental housing market sial issues this year Also, can our position during that time. The than any other over be explained and easily maximum rent the owner the past decade.”

understood without lengthy commentary?

Consideration of these factors resulted in choosing those three previously-mentioned bills.

Additional Bills Other bills the EBRHA Legislative Day lobbying team monitored include: AB 2219 — Assembly Bill 2219 would prohibit a rental owner or a rental owners’s agent from refusing to accept rent payment from a third party if the third party does not reside on the premises. In addition, the bill would require the third party to provide the owner or agent with a signed acknowledgment that acceptance of the rent does not establish an ownertenant relationship between the owner and the third party. The EBRHA lobbying team sought a number of amendments to this bill, including language that the third party could not pay the tenant’s rent during the unlawful detainer process.

AB 2618 — Assembly Bill 2618 would require the Department of Consumer Affairs to administer a statewide certification program for property owners (of two or more units) and managers, as defined, to provide education to rental owners and property managers on leasing, showing units, collecting rent and deposits, approval and denial of an applicant, discrimination, unlawful detainer, security deposit law, immigration laws relating to owner and tenant, protections for victims of domestic violence, serving notices, etc.

The bill would make this certification effective for a period of two years. The bill would authorize the department to identify and approve appropriate providers of the educational coursework, as specified. The bill would make a person who acts as a rental owner or property manager without first having obtained certification from the department subject to a specified civil penalty.

SB 1427 — This bill would modify “source of income” housing discrimination language to specify that a federal Department of Housing and Urban Development Veterans Affairs Supportive Housing voucher (VA style Section 8) is a source of income.

SB 721 (Hill) — This bill would require statewide building inspection of decks and balconies. The bill establishes

UPCOMING WORKSHOPS Small Property Owners Roundtable D ATE & TIME M ODERATOR

PRICE

TOPICS

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

Rental Property Management (RPM) 102 D ATE & TIME

SPEAKER

PRICE

TOPICS

WEDNESDAY, JUNE 6; 2:00 P.M. - 3:30 P.M. Brent Kernan, Attorney & EBRHA Board Member Members: Free; Non-members: $69 Rental Agreements, Rent Control, Mandatory Disclosur

When & How to Use Notices D ATE & TIME

SPEAKER

PRICE

TOPICS

THURSDAY, JUNE 14; 2:00 P.M. - 3:30 P.M. Brent Kernan, Attorney & EBRHA Board Member EBRHA Members: $39; Non-Members: $69 30 & 60 Day Notices, Non-Payment of Rent, Breach of Lease

Rental Property Management (RPM) 103 D ATE & TIME

SPEAKER

PRICE

TOPICS

TUESDAY, JUNE 19; 2:00 P.M. - 3:30 P.M.

Esteban Cortez, EBRHA Staff & Carlon Tanner, EBRHA Board Members: Free; Non-members: $69 Termination of Tenancy, Just Cause, Notices, Inspections, Security Deposits, and more

Unless noted, all workshops are held at:

3664 Grand Avenue • Suite B Oakland, CA 94610

TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873 ebrha.com

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RENTAL HOUSING 9

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UPCOMING EVENTS EBRHA Member Meeting D ATE & TIME SATURDAY, JUNE 16; 9:30 A.M. - NOON

PRICE Free to EBRHA members only TOPICS • Code Compliance & Habitability: Avoding Sticky Situations —

Presented by Susan Spott, SpottCheck Consulting

• Legal Q&A — Presented by Charles Alfonzo, Burnham Brown

Member Networking Mixer

D ATE & TIME LOCATION

PRICE

DETAILS

WEDNESDAY, JUNE 27; 5:00 P.M. - 7:00 P.M.

The Grand Tavern — 3601 Grand Avenue, Oakland Free to members only (hosted appetizers, no-host bar) Mix and mingle with other EBRHA members, board, and staff at Oakland’s Grand Tavern.

Lunch-n-Learn: Medicare Planning D ATE & TIME

SPEAKER

PRICE

DETAILS

THURSDAY, JUNE 28; 12:00 P.M. - 1:30 P.M.

Terry Allen, CFP®, AWMASM, Enhance Wealth Advisors $20 — Includes lunch (Registration required by June 30) Enrollment Periods, Late Enrollment Penalties, Private Insurance, Avoiding Excess Costs, Planning for Retirement

Unless noted, all events are held at:

3664 Grand Avenue • Suite B Oakland, CA 94610

TO REGISTER, GO TO EBRHA.COM/EVENTS 10 RENTAL HOUSING

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a first-of-its-kind reoccurring statemandated residential building inspection programs. It requires property owners of three units or more to hire a qualified inspector every six years to inspect 15% of all exterior elevated elements (i.e. 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), associated water proofing elements, and load bearing components (hereafter referred to as “decks and balconies” for short). In addition, the bill requires the following: • Initial inspections must be completed

by January 1, 2024, and every six years thereafter; • If emergency corrective work is required, repairs must be made immediately. For all other repairs, owners must apply for a permit within 120 days of receiving the inspector’s report, and then repair within 120 days of permit approval; • All inspection reports must be kept and retained by an owner indefinitely; • Noncompliance results in fines of up to $500 per day and a recorded lien on the property; Owners are responsible for all inspections, reinspections, corrective work and repairs, fines, and liability costs.

A Challenging Year Ahead Rental owners face a number of public policy challenges this year. It can be argued that there are more controversial issues this year than any other over the past decade.

We commend all of our legislators and their staffs for being gracious with their time and attention to the positions articulated by the group. And finally, a big thanks to EBRHA’s lobbying team for making Legislative Day 2018 another success. RH For photos of 2018 Legislative Day events, turn to page 12.

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.

EVENT PHOTOS

CALRHA’S 2018 LE

i

E

BRHA members, board and staff par-

ticipated in another outstanding California Rental Housing Association (CalRHA) Legislative Day this year 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 2019. Thank you to the following CalRHA affiliates for their participation: • 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) RH

TO LEARN MORE ABOUT CALRHA, GO TO WWW.CAL-RHA.ORG

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EGISLATIVE DAY

in Sacramento

Thank you to all EBRHA members who attended Legislative Day 2018!

ebrha.com

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COLUMN

local updates

Strict Regulations An in-depth look at Oakland’s new “Tenant Move Out Agreement Ordinance” and its associated procedures. BY MATTHEW QUIRING

T

he Oakland City Council has passed the Tenant Move Out Agreement Ordinance (hereafter known as “Ordinance”). The Ordinance went into effect May 1, 2018, and significantly changes the way rental property owners in Oakland can approach and buy out tenants residing in their rental units.

It is important to note that the Ordinance applies to all rental units in Oakland, including units otherwise exempt from rent or eviction controls, like single-family homes, condos and new construction. The only exemption is for publicly-owned and operated housing units, which typically operate under different tenancy laws. The law will also not be applicable to situations where there is no “tenancy,” such as giving money to a family member to move out, or paying a “squatter” to vacate property they have taken over.

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refuse to negotiate a buyout; 2. The tenant may rescind the buyout (change their mind) up to 25 days after signing the agreement (but cannot rescind once they actually move out); and 3. The tenant may be entitled to relocation payments.

The rental owner is required to keep careful records of the Disclosure Form.

Once executed by the owner, the form must be provided to the tenant within 3 days, with proof of service. Copies of each form and the corresponding proof of service must be retained in the owner’s records for at least 5 years. It will be convenient for many owners to issue this form upon the commencement of a tenancy, as part of the rental agreement.

Please note that although the form prepared by the RAP contains a space for the tenant to sign to confirm receipt, this signature appears to be for recordkeeping purposes only. The owner’s obligation to disclose is complete when this form is delivered to the tenant, regardless if it is accepted, hence the owner’s obligation to keep a record of service for 5 years.

Certification Form In addition to disclosure to the tenant prior to negotiations, the owner must also register with the RAP by filing a Certification Form. This form includes the owner’s name and contact information, the unit which may be subject to buyout negotiaBefore Buyout: Disclosure Form tions, the date that the tenant in the unit Rental owners may no longer offer received the Disclosure Form, and the buyouts to tenants informally or on the dates of any other move out agreements spot. Owners must undertake a robust “with any current or prior tenants at the disclosure process and register with property” “completed to the best of the Oakland’s Rent Adjustment Program owner’s recollection and knowledge.” The (RAP) before making any buyout offer.

Certification Form is also available on the Even accidentally violating the OrdiEBRHA and RAP websites. nance can incur penalties of at least There appears to be no limit to how $500 per violation, in addition to any far back in time owners must go when violations of the overlapping Tenant reporting prior buyout negotiations. It is Protection Ordinance. also unclear what the penalty might be if Compliance with the Ordinance the owner incorrectly identifies or omits requires service on the tenant of a form a buyout negotiation with a current or developed by the RAP. The Disclosure prior tenant, but the Form is currently avail“All of the responsiOrdinance does authoable on the EBRHA bilities for deadlines rize the City Attorney to and RAP websites. This and disclosures rest file civil actions against Disclosure Form enumeron rental owners, rental owners who vioates an extensive list of who risk stiff penallate any provision of the tenants’ rights in buyout ties for even acciOrdinance. negotiations, such as: dental violations.”

Rental owners should 1. The tenant can

note that the registration information collected pursuant to the Ordinance may be released, published, or otherwise made publicly available, which may or may not have personal information redacted.

The City explicitly does not guarantee that personal or private information will not be released, including information contained within the buyout agreements themselves. Rental owners should consider carefully what personal or business information they disclose on any papers filed with the City.

During Buyout — Formation The Ordinance provides several steps to standardize buyout agreements.

First, the Ordinance requires all agreements be in writing, and in Spanish or Chinese if the tenant is proficient in those languages rather than English. In the case of a rental agreement not in English, the buyout agreement would be in the language of the rental agreement. If the buyout agreement is in multiple languages, all copies should be presented to the tenant at the same time, rather than a belated translation afterward.

When signed, a copy of the agreement is to be given to “each” tenant “immediately” following execution. It is unclear what giving a copy “immediately” means, especially when there may be multiple tenants involved in the buyout, but owners may wish to arrange the signing of the agreement in a place where a copy machine is available, with all tenants present, so that there is minimal delay.

Rental owners are required to create and retain a proof of service of this executed copy of the agreement for an unspecified period of time.

Second, the Ordinance requires certain recitals of tenants’ rights verbatim from the Ordinance, which generally correspond to the disclosures required before the buyout negotiations. This language is to be in 14 point font above the tenant’s signature, although it would likely fill at least an entire page all by itself. See Sections 8.22.740.B.1-6 of the Oakland Municipal Code, available at the RAP website, for the precise language to use.

Third, the Ordinance requires that agreements “must be for greater than the amount of the relocation payments to which the tenant may be entitled under

Oakland, state, or federal law.” This appears to impose some kind of floor on the value paid under the Ordinance, but this vague language is unclear.

As of the date of this article, relocation payments are required for rental owners who evict tenants to move into the unit (owner move-in), when tenants are displaced to remediate code violations, following condo conversions, or when the property is being removed from the rental market under the Ellis Act. However, because a buyout may occur without (or instead of) any of those circumstances, it is uncertain if those required payments are implicated by this Ordinance. Rental owners are therefore recommended to pay at least 1 cent more than the amounts enumerated in the Uniform Relocation Ordinance to avoid a potential violation.

Rescission Under the Ordinance, tenants have an absolute right to rescind an agreement after they sign it. By default, tenants may rescind up to 25 days after signing. However, they can agree to reduce the rescission period to 15 days.

To rescind, the tenant must notify the owner in writing, and if there are multiple tenants, all tenants must agree.

Mailed rescissions are effective if they are postmarked on or before the last day of the rescission period, and all money paid under the buyout must be refunded to the owner.

If the tenant determines that a buyout agreement is defective in some way under the Ordinance, the rescission period is extended to six months. In the written notice of rescission, the tenant must explain the agreement defects. After receiving notice, the owner has five days to “offer the unit back to the tenant or respond with reasons why the Move Out Agreement may not be rescinded.” However, the Ordinance also states that tenants may not rescind a buyout after they move, even if the buyout was defective.

The contradiction between the owner’s stated obligation to offer the unit back to the tenant after rescission, and the tenant’s inability to claim rescission after vacating has no clear answer and may have to be resolved through further regulations or litigation. Since tenants still have civil remedies available in the

case of vacating following a defective buyout agreement, owners should consult with an attorney before allowing a tenant back into the unit following vacancy and rescission.

After Buyout After an agreement is negotiated and completed, the owner must file the buyout agreement with the RAP within 25-45 days. This means the owner must wait the full statutory rescission period (25 days), and then has 20 days to file the agreement (45 days total.) Rental owners should mark their calendars and set a reminder to avoid missing this deadline, and remember that the information contained in the agreements may become public at a future date. Rescinded agreements are not filed with the RAP and may be discarded. However, the fact that buyout negotiations occurred in that unit must be disclosed on any certification form filed with the RAP. Enforcement Penalties for violating the Ordinance are steep. The City is empowered to levy fines and file civil suits against owners who violate the Ordinance, even if no tenant complains. If a tenant does have a complaint of an owner violating the Ordinance, the owner is liable for any actual damages to the tenant, or $500, whichever is greater. If the owner “willfully” violated the Ordinance, then the penalty is triple actual damages, or $1,000, whichever is greater.

Elderly or disabled tenants may always claim triple actual damages, or $1,000 or $1,500 minimum damages for each nonwillful or willful violation, respectively.

Catastrophically ill tenants are entitled to even more, with triple actual damages, or $1,500 or $2,000 for each non-willful or willful violation, whichever is greater.

If the owner wishes to challenge a tenant’s claim of protected status and penalties, the owner can challenge that status using the same procedure as for just cause evictions, and may also raise the issue in a resulting civil proceeding.

Other Provisions As stated in the disclosure form provided to tenants, rental owners should be aware that offering more than one buyout to ebrha.com

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the same tenant within six months is considered harassment under the Tenant Protection Ordinance, with concordant penalties.

Rental owners are prohibited from retaliating against tenants who refuse a buyout. If an owner is considering offering a buyout before issuing a termination notice, expect a retaliation defense if the tenant refuses to vacate following the notice.

The Ordinance is somewhat flexible when it comes to owner/tenant communications and forms of notice. In particular, use of email is acceptable, but only if both sides agree. Rental owners who favor electronic communications should consider consent to email as a term to include in rental agreements. Without any agreement, notices served under the ordinance must by registered, first class mail.

Conclusion As of May 1, 2018, buyout negotiations in Oakland are now nearly as heavily regulated as rent increases or evictions.

The RAP is involved both before and after each and every buyout, and all buyouts are now a matter of public record, including any buyouts which preceded the ordinance. All rental owners in the city should immediately create a record of their past buyouts, and create an organized file for all the necessary proofs of service.

It is clear from the content of the Ordinance that the City and the RAP do not want rental owners negotiating buyouts with their tenants. All of the responsibilities for deadlines and disclosures rest on rental owners, who risk stiff penalties for even accidental violations.

Rental owners should consult with an attorney prior to any buyout negotiations to evaluate whether the owner has fully disclosed, certified, and complied with the Ordinance. RH

The information contained in this article is general in nature. Consult the advice of an attorney for any specific issue. Matthew Quiring is an attorney with Fried & Williams LLP. He can be reached at mquiring@friedwilliams.com.

FEATURE

L

Time to Look in the Mirror How governments played a role in creating California’s housing crisis. BY RON KINGSTON

This article is part 2 of EBRHA State Lobbyist Ron Kingston’s report on the California housing shortage. To read part 1, see the May 2018 issue of Rental Housing.

“Local control” is Why Sacramento Will Be the Location of the Next Big Housing Crisis

Local governments argue that repealing Costa-Hawkins will give them back “local control” to address their own housing needs. It is these same governments that blame rental housing owners for housing affordability problems, which they argue justifies why they should have the power to control rents on all rental property. In fact, “local control” means local governments can choose to neglect their housing responsibilities while taking actions that create housing affordability problems, and then blame property owners when affordability problems and housing shortages actually occur.

Take what’s happening in Sacramento as an example. Sacramento is the fastest growing city in California.21 It also has one of the hottest housing markets not just in California, but also in the country.22 On top of that, rents are rising faster ebrha.com

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“According to a recent Stanford University study on the effects of rent control, there are 30% fewer rent controlled units in San Francisco than there were when rent control went into effect in 1995.” in Sacramento than any other part of California;23 some say it’s the fastest in the nation.24 Housing supply is low, while demand is high, and the population keeps growing.

But how did Sacramento go from “cow town” to “wow town?”25 More importantly, what are city leaders doing about meeting Sacramento’s housing demands?

It is no secret that a mass exodus from the Bay Area to Sacramento is in full throttle.26 But Sacramento leaders have also been working overtime to offer tax breaks and incentives to attract new businesses to the region. Just recently, Sacramento agreed to give Centene, a health insurance company, $13.5 million dollars to establish headquarters in Sacramento. Ironically, the money they are offering to Centene to produce jobs in the area comes directly from old redevelopment funds — funds that used to be reserved for affordable housing production! Five thousand jobs are expected to be generated from the deal.

Sacramento was also one of several hundred cities to offer incentives to Amazon to build a new headquarters and bring in 50,000 new jobs. In fact, local governments in the Sacramento area offered Amazon more than $500 million in job grants, land donations, and infrastructure financing to lure the online behemoth to the region. None of the proposals were tied to the development of new housing.

The city has made numerous other recent decisions to grow the area without considering its housing needs. The city just built a new NBA arena for the Sacramento Kings. “[I]n the 26 months the complex was under development, $530 million in real estate transactions took place in a 10-block radius around the arena, more than 80 new businesses moved downtown, and neighborhood employment jumped 40 percent.”27 A rail yards project is in development,28 as well as discussions about a riverfront district project on both sides of the Sacramento River.29 Sacramento is also hoping to be the home of a new major league soccer team. Subsidies for hotels, a science museum, an aquarium, and a new convention center are also either in the works or being discussed.30 Mayor Darryl Steinberg has vowed to make Sacramento a center for jobs, and is unabashed in his bid to attract high-tech startups.31 City leaders have even changed Sacramento policy to allow staff members to offer financial incentives to large companies interested in relocating to Sacramento.32 This kind of city growth should be commensurate with big investments in housing development, but Sacramento is barely lifting a finger to require new housing development.33 It’s mak20 RENTAL HOUSING

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ing the same mistakes the Bay Area made.

Blaming property owners for high rents, therefore, is misguided and misplaced, when city leaders are making decisions everyday that exacerbate the housing shortage problem, while neglecting to contribute toward the development of new or affordable housing.

Rent Control Removes Units From the Market and Drives Up Costs

According to a recent Stanford University study on the effects of rent control, there are 30% fewer rent controlled units in San Francisco than there were when rent control went into effect in 1995.34 “Rent control exacerbates the housing shortage by pushing landlords to remove supply of rental housing,” Rebecca Diamond, author of the Stanford study, stated recently.35 The study goes on to show that for every six percent decrease in housing supply, rent prices increased by seven percent.36 The study is in line with previous reports, including the American Community Survey in 2012, showing that San Francisco has a staggering 30,000 vacant units at any given time.37 Some owners keep units off the market while others convert their properties to ownership housing.38 Rent control proponents argue that these studies show that owners should be prevented from converting their properties to ownership housing and should be heavily taxed for keeping units vacant.39 But more regulation and burdensome controls over rental housing will only serve to squeeze more rental units out of the market while chilling development. The Stanford economists suggest government subsidies, tax credits, and building more affordable housing as workable solutions.40

Local Governments are Unaccountable and Stifling Growth

Two statewide housing laws, the Housing Element law and the Housing Accountability Act (HAA), establish local government’s responsibility to plan, promote, and remove barriers for housing development. The Housing Element law requires cities and counties to develop comprehensive plans every eight years to build new homes in their communities. The HAA was enacted to ensure local governments work to remove barriers to housing development through speedy approvals and rezoning. Neither of the laws are respected or honored by local governments.

“We’re kind of lying,” said a Foster City councilmember about his city’s 87-page housing plan, which proposed hundreds of new homes.41 “We have no intention of actually building the units.” The councilmember’s prediction came true according to a recent Los Angeles Times article. “Despite soaring demand for housing in the Bay Area, the city hasn’t approved any new development projects in more than five years.”42 Foster City’s decision to ignore the housing element is pervasive among cities and counties throughout California. That’s because the housing element law has no teeth — it does not hold local governments accountable for any home building.43 State lawmakers have known about the law’s weaknesses for decades but haven’t fixed them. They have added dozens of new

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“The government again plays a significant role in the high cost of development.

For one, its permitting and impact fees continue to rise. But more importantly, instead of providing incentives to offset the costs of development, the government continues to focus on burdening the rental housing industry with costly regulations.” planning requirements to the process but have not provided any incentive, such as a greater share of tax dollars, for local governments to meet their housing goals.44 In addition to ignoring the housing element, local government housing decisions have made it even more difficult to build new housing.45 More than two-thirds of California’s coastal communities have adopted measures — such as caps on population or housing growth, or building height limits — aimed at limiting residential development, according to the Legislative Analyst’s Office. A UC Berkeley study of California’s local land-use regulations found that every growth-control policy a city puts in place raises housing costs by as much as 5% there.”46 Cities are also bypassing their responsibilities under HAA by rezoning areas for commercial development over housing, and by modifying their zoning plans in ways that make housing infeasible.47 City and county inaction has become such a big problem that several bills from the 2017 housing package were necessary to stifle the ability of local governments to use zoning, environmental and procedural laws to thwart projects they deem out of character with their neighborhood. 48 All in all, local governments are not holding up their end of the bargain to accommodate housing needs. Instead of adopting policies that facilitate the development of more housing units, they often target the rental housing industry for regulation, which in turn produces fewer housing units, and forces rental housing owners to remove units from the market.

The High Cost of Development

Development costs, land values, and permitting fees are soaring, making it more difficult for development of rental housing to pencil out. One architect in 2014 conducted a study on the real cost to build a housing unit in San Francisco. According Mark Hogan, the costs are staggering.49 The following is his breakdown of the costs to build a San Francisco unit.50 Calculations 22 RENTAL HOUSING

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are based on a 100-unit building assuming 800 square feet per unit, which is approximately 640 square feet of usable space based on typical building efficiency: • Land cost per unit of housing: $120,000 • Construction cost per unit: $240,000 ($300 per sq. ft.)

• Subsidy to build affordable housing below market: $27,000 (based on $200k per unit subsidy times 12, divided by remaining 88 units) • Permits, city fees and professional services: $48,000 (20% of $240,000) • Selling expenses: $34,000 (marketing, legal fees, real estate commissions at 8%) • TOTAL: $469,800 (total cost of 800 sq. ft. unit)

It is no wonder rents are so high and housing is unaffordable.

It is expensive to build. Rental property owners must charge higher rents to keep up with the cost of development.

The government again plays a significant role in the high cost of development. For one, its permitting and impact fees continue to rise. But more importantly, instead of providing incentives to offset the costs of development, the government continues to focus on burdening the rental housing industry with costly regulations.

If the State and local governments want to begin addressing the out-of-control development costs, it must give serious consideration to incentivizing development of new and affordable housing, including density bonuses, upzoning, fee and permitting waivers, and CEQA waivers.

Several recent studies have found that every 10% increase in density reduces a project cost by up to 5.7% on average, and that for every 20% increase, the likelihood a site will be developed increases by 25%.51 Moreover, parking requirements can increase the cost of a housing development by 25% - 40%. One study found that reducing parking requirements by 20% increased the likelihood of housing being built by 87%.

Finally, waiving or reducing development impact fees as an incentive to build can help spur growth. In the Bay Area, impact fees can range from $24,000 - $40,000 per unit. Even a small reduction in the impact fees, or complete waivers depending on the number of affordable units provided within a development, could yield big returns in terms of housing development.

Conclusion

Instead of blaming and regulating the housing industry for the housing crisis, it is time for government to take a good hard look in the mirror and assess how its own actions and inactions over the last 50 years have significantly contributed to the crisis.

Until the government can acknowledge that it is part of the

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problem, the State will continue to make the same mistakes over and over. It will continue to offer up the same problematic legislative measures, like a CostaHawkins repeal, that exacerbate rather than solve the State’s housing problems.

As California’s population continues to rise, its housing problems will continue to worsen, unless real reflection occurs and real solutions are offered. It is time for the government to take responsibility for its actions and begin regulating and reigning itself in. RH References 21. Randol White. “Sacramento Is FastestGrowing Big City In California.” Capitol Public Radio. May 1, 2017. Web January 2018.

22. Linda Gonzalez. “Sacramento makes Zillow’s list of hottest housing markets for 2017.” The Sacramento Bee. Real Estate News. January 16, 2017. Web January 2018.

23. Angela Hart. “Rents are rising faster in Sacramento than any other part of California.”

The Sac Bee. Capitol Alert. July 26, 2017. Web January 2018.

24. Josh Lyle. “Sacramento rents fastest rising in nation.” abc10. June 29, 2017. Web January 2018.

25. Patrick Sisson. “Sacramento, emerging from Bay Area’s shadow, becoming booming urban alternative.” Curbed. Property Lines, Real Estate. July 11, 2017. Web January 2018.

26. Erica D. Smith. “The Legislature did its part to fix Sacramento’s housing crisis. Now it’s your turn, Bay Area refugees.” The Sac Bee. September 19, 2017. Web January 2018; Katy Murphy. “Amid Bay Area exodus to Sacramento, low-income families at risk of being pushed out, study finds.” The Mercury News. November 22, 2017. Web January 2018.

27. Supra note 27.

28. Id. 29. Richard Chang. “Sacramento is either ‘unknown or misunderstood.’ Will that change in 2017?” The Sac Bee. Business & Real Estate.

December 29, 2016. Web January 2018.

30. Ryan Lillis. “Big public subsidy coming for Sacramento riverfront museum.” The Sac Bee. City Beat. September 13, 2017. Web January 2018; Anita Chabria. “Sacramento leaders OK convention center rehab – and want another tourist destination.” The Sac Bee. Local. May 30, 2017. Web January 2018; Foon Rhee.

“Why Mayor Steinberg now owns Convention Center decision, for good or bad.” The Sac Bee. Opinion. January 30, 2017. Web January 2018.

31. Supra note 31.

32. Ryan Lillis. “Hey Amazon, Sacramento is ready to offer you financial incentives.” The Sac Bee. City Beat. October 24, 2017. Web January 2018.

33. Hudson Sangree. “Will Sacramento avoid another housing boom and bust?” The Sac Bee. Real Estate News. July 17, 2017. Web January 2018.

34. Katy Murphy. “Rent-control policy `likely fueled the gentrification of San Francisco,’ study finds.” The Mercury News. Business, Real Estate.

November 2, 2017. Web January 2018.

35. Michelle Robertson. “Rent-control policies likely ‘fueled’ SF gentrification, Stanford economists say.” SFGate. November 3, 2017.

Web January 2018.

36. Adam Brinklow. “Stanford paper says rent control is driving up cost of housing in San Francisco.” Curbed San Francisco. San Francisco Rent Control. November 3, 2017. Web January 2018.

37. Sarah Karlinsky and Kristy Wang. “NonPrimary Residences and San Francisco’s Housing Market.” SPUR. SPUR White Paper. October 21, 2014. Web January 2018.

38. Supra note 38.

39. Joshua Sabatini. “SF to explore taxing property owners who keep buildings, units vacant.” San Francisco Examiner. July 11, 2017.

Web January 2018.

40. Supra Note 38.

41. Supra note 18 (article dated June 17, 2017).

42. Id. 43. Id. 44. Id. 45. Id. 46. Id.

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47. Kevin Burke. “How Cities Bypass State Law, Causing the Housing Crisis.” The Bay City Beacon. August 2, 2017. Web January 2018.

48. See Sen. Bill 35 (Cal. Stat. 2017), Sen. Bill 167 (Cal. Stat. 2017); Adam Nagourney and Conor Dougherty. “The Cost of a Hot Economy in California: A Severe Housing.” The New York Times. July 27, 2017. Web January 2018.

49. Mark Hogan. “The Real Costs of Building Housing.” The Urbanist. February 11, 2014.

Web January 2018.

50. It does not include construction financing expenses, contingencies or developer’s profit, among other things.

51. Matthew Palm. “Getting the Most Out of California’s New Affordable Housing Funds.”

The Bay City Beacon. December 5, 2017. Web January 2018.

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Copyright © 2018 by the California Political Consulting Group (CalPCG). Article may not be copied without permission. 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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A Win-Win for Owners and Renters Installing Gigabit Fiber Internet in your apartment building is simple with Sonic’s Community Manager Referral Rewards Program. BY LEAH GULLEY

T

oday, fast and reliable internet service is a necessity for both rental property owners and tenants, much like electricity or water.

Internet connects all of us, and allows us to do anything from running our business, to paying our bills.

Unfortunately, most of us don’t have access to internet speeds we need, with average national speeds far slower than most people or households require.

Enter Gigabit Fiber Internet: the most technologically advanced way to supply whole buildings and properties with lightning-fast connectivity, at up to 1,000Mbps. Gone are the days where 26 RENTAL HOUSING

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According to a recent Fiber Broadband Association report, installing Gigabit Fiber increases rental property values in apartments by up to 8%, while adding up to 11% to net income for rental property owners and operators per average apartment unit. Additionally, in a recent Broadband Communities article, fast and reliable broadband is the most important amenity for renters—more so than a pool, 24-hour security, covered parking, gym access, and cable TV. Offering Gigabit Fiber to tenants is beneficial for everyone.

Sonic’s Win-Win Program Sonic’s Community Manager Referral Rewards Program rewards both rental property owners or managers and their tenants. This program includes a free month of service for your tenants when they sign up for the network you’ve installed in your building. Every time a tenant signs up, Sonic also provides $40 to the rental property owner. That’s a win-win, for both rental property owners or managers, and tenants.

Installing Gigabit Fiber Fiber installation to your building is a hassle-free experience with the help of Sonic’s expert installers. Here’s how it works: The technician will drop a fiber line from the telephone pole to a location that has easy access to all units. Then, a splitter box, approximately 8” by 8” in size, is installed in the best available location to wire each apartment. A splitter is only required for buildings with seven or more a slow, glitchy connection was enough units. Then, the fiber line from the pole is to satisfy. Now, people need faster brought into the splitter box. If there is internet to make sure the whole family no pre-existing infrastructure, a smaller has enough bandwidth to use simulfiber jumper will be run to the apartment. taneously, without sacrificing speed or From there, an Optical Network Terminal reliability. is mounted in the apartment (unless centralized CAT5e cable is Why Choose Gigabit “With the Commupresent). The ONT conFiber? nity Manager Referverts the fiber signal into Sonic Gigabit Fiber delivral Rewards Program data and phone signals. ers up to 1000Mbps of from Sonic, as tenAnd finally, the Sonic symmetric internet speed, ants sign up for the Residential Gateway is but it’s not only fast and best internet availconnected via CAT5e affordable; it benefits able, rental propcable, whether inside the both rental property own- erty owners benefit apartment or to existers and tenants alike. simultaneously.” ing wiring. Telephones

are connected in the same fashion. The installers respect the integrity of your building and work to ensure the entire process is painless and efficient.

But don’t take my word for it. Vinson Luu, a building owner in San Francisco who recently installed Gigabit Fiber Internet in his building, says, “The installation was smooth, the installer was very professional, very nice, answered all questions, and the Internet is really fast.”

Long-Term Benefits Supplying Gigabit Fiber to your rental property is a long-term investment that will vastly benefit both owners and tenants. And with the Community Manager Referral Rewards Program, as tenants sign up for Sonic’s Internet service, rental property owners benefit simultaneously.

The speed of a Gigabit connection is unbeatable, and once installation is completed, all you need to do is sit back and relax. RH

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esq. & a

hibits subletting, requires rental owner approval, or both. Review your rental agreement to determine what restrictions, if any, it imposes on subletting.

Even if the lease absolutely prohibits subleasing, some cities, such as Berkeley, will allow it, so long as the number of occupants does not exceed the city’s regulations for the type and size of unit, and the rental owner “has not articulated a well-founded reason in writing for refusing consent.” In this case, unaffordable utility costs may indeed Can I change the rent on my rental unit if my two be a well-founded reason for refusing a existing tenants want to bring in a third occupant? subtenant.

If the tenants sublease without your

BY MATTHEW QUIRING permission, or more than what the law permits, it can be grounds to terminate the tenancy. Make sure you refer to any applicable eviction control ordinances in your city and consult with an attorney.

If you find an unknown or unapproved person living in the unit, do not accept rent or repair requests from them, and avoid communication with them as much as possible, until you are willing to accept them as a permanent tenant or subtenant.

Also, do not hesitate if you intend to remove the unapproved subtenant. The longer they remain in the unit, especially after they are discovered, the more likely it is a court will allow them to stay as tenants indefinitely. If you acquiesce at first, but later change your mind, it may be too late.

Asking for a new lease is possible but is generally not advisable. The lease I have a rent-controlled apartcontrolled cities, such as Oakland and cannot be voided unilaterally; it would ment with two tenants. My Berkeley, tenants are generally allowed require the tenants to agree and cooptenants asked me if they could bring to replace absent roommates with new erate. In addition, under rent control, in a third roommate, but I’m wary roommates, and there are few grounds creating a new lease for existing tenants because my utility bills will likely to object (increased utility costs would just to add a third tenant at market rate go up once again, and I can’t afford not be valid.) would generally be those costs. Can I ask them to void On the other hand, “Asking for a new viewed as an improper their old lease and sign a new one if there were originally lease is possible rent increase if it is at market rate? If I can’t do that, can only two tenants on the but is generally not later challenged.

I reject their request to bring in a lease, then the proposed advisable. The lease Furthermore, the third person? third roommate should cannot be voided new person would be be a subtenant of the unilaterally; it would considered an “origiThe answer varies depending on other tenants. Again, ten- require the tenants nal occupant” for the the location of the apartment and ants are permitted to do to agree and cooppurposes of a Costathe terms of the lease. In most rentthis, unless the lease proerate.”

Hawkins rent increase,

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RESIDENTIAL & COMMERCIAL *Plumbing Repairs *Fixtures Installations *Water Service Replacements *Sewer Diagnostic Videos *Trenchless Sewer Replacements *Automatic Seismic Gas Valves Installations *Drain Cleaning and Diagnostics *Tankless Hot Water Heaters

All Types of Roofing & Repairs 15, 20, 25 Year Manufacturer’s Guarantee

Title 24 Compliant Roof Systems Commercial • Industrial • Residential

(510) 582-6929 (925) 484-0124

www.ffialaroofing.com The Plumber Referred by Your Friends!

(510)843-6904

Lic. #686707

www.albertnahmanplumbing.com ebrha.com

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RENTAL HOUSING 29

Beacon Properties

TURN TO PAGE 32 TO SEE ALL OF EBRHA’S UPCOMING WORKSHOPS AND EVENTS

East Bay Property Management & Brokerage Services Since 1990

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

Carlon Tanner, Owner/Broker

meaning that if the first two tenants eventually vacated, there could be no rent increase to the third tenant, except as allowed under rent control (if applicable).

In summary, review your rental agreement to determine what authority you have to prohibit subleasing, and consult with an attorney to ensure that you are following all subleasing laws and regulations for your city — especially if you discover your tenants subleasing without your knowledge or permission.

—MATTHEW QUIRING

The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Matthew Quiring is a real-estate attorney with Fried & Williams LLP and can be reached at 510-6250100.

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

Visit your new one-stop shop for professional development, today!

GoWithVisto.org

Credential programs available on Visto:

Plus, over 30 courses approved for NAAEI Continuing Education Credit.

30 RENTAL HOUSING

| JUNE 2018 |

ebrha.com

LEFTOVERS?

Pass Them On. Or Come Shop.

Tenants leave things?

We receive discards and sell them for reuse. No promises before seeing. We also pick up. 3 acres, well organized.

URBAN RE To End the Age of Waste

900 Murray St nr Ashby/7th, Berkeley 360 days/yr until 7:00PM. Receiving closes 5:00PM. 510-841-SAVE

License No. 797467

www.wcpc-inc.com Tel: (510) 271-0950

Seismic & General Contractors

Conform To Soft Story Apartment Building Seismic Ordinance San Francisco, Alameda, Oakland & Berkeley • Successful track record of seismic retrofitting numerous soft-story apartment buildings in the Bay Area.

• construction—all under one company.

• Guaranteed approval of engineering and construction in conformance to Soft Story Ordinance.

• Screening, evaluation, engineering, construction, city sign-off • 20 plus years of experience with over 400 seismic retrofits completed.

A design-build company.

For inquiries, please contact Homy Sikaroudi, PhD, PE

http://urbanore.com Serving the East Bay

APPLIED WATERPROOFING SYSTEMS

Providing Waterproofing Services Since 1985

Commercial & Residential Buildings Balconies Walkways Garage Coatings

Decks Patios Driveways

Call Neal Golding

(510) 452-3666

nlgolding@pacbell.net LIC#552820

www.appliedwaterproofing.com

ASSISTING PROPERTY OWNERS WITH THEIR LEGAL NEEDS SINCE 1975.

Effective. Efficient. Economical.

510-839-2067 TheEvictors.com ebrha.com

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community calendar EVENTS & CLASSES

june

july

TUESDAY, JUNE 5 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.

WEDNESDAY, JUNE 6 Rental Property Management (RPM) 102 Presented by Brent Kernan, Attorney & EBRHA Board Member Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m.

THURSDAY, JUNE 14 When & How to Use Notices Presented by Brent Kernan, Attorney & EBRHA Board Member Members: $39; Non-Members $69 2:00 p.m. - 3:30 p.m.

SATURDAY, JUNE 16 Member Meeting • Code Compliance & Habitability: Avoiding Sticky Situations — Presented by Susan Spott, SpottCheck Consulting • Legal Q&A — Charles Alfonzo, Burnham Brown Networking: 9:30 a.m. | Presentation: 10:00 a.m. - Noon TUESDAY, JUNE 19 Rental Property Management (RPM) 103 Presented by Esteban Cortez, EBRHA Staff & Carlon Tanner, EBRHA Board Member Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m.

EVENING EVENT WEDNESDAY, JUNE 27 EBRHA Member Networking Mixer Grand Tavern, 3601 Grand Ave, Oakland 5:00 p.m. - 7:00 p.m.

LUNCH-N-LEARN THURSDAY, JUNE 28 Medicare Planning Presented by Terry Allen, CFP, AWMA, Enhance Wealth Advisors Members: $20 (Includes lunch); RSVP required by June 27 12:00 p.m. - 1:30 p.m.

TUESDAY, JULY 10 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.

EVENING EVENT THURSDAY, JULY 12 The Ins & Outs of Owner Move-Ins Presented by Daniel Bornstein, Bornstein Law Members: $39; Non-Members: $69 6:00 p.m. - 7:30 p.m.

EVENING EVENT THURSDAY, JULY 19 Maximizing the Return on Your Investment Presented by John Caronna, Owner & Multi-Unit Specialist, Coldwell Banker Members: Free; Non-Members: $69 6:00 p.m. - 7:30 p.m.

SATURDAY, JULY 21 EBRHA Member Meeting • Marijuana & Your Rental Property + Legal Q&A: Presented by Steve Williams, Fried & Williams LLP Networking: 9:30 a.m. | Presentation: 10:00 a.m. - Noon EVENING EVENT WEDNESDAY, JULY 25 EBRHA Member Networking Mixer Lake Chalet — 1520 Lakeside Drive, Oakland 5:00 p.m. - 7:00 p.m.

THURSDAY, JULY 26 Beginning QuickBooks — The Set-Up Presented by Sue Larsen, EBRHA Accountant & QuickBooks ProAdvisor Members: $39; Non-Members $69 2:00 p.m. - 3:30 p.m.

EVENING EVENT TUESDAY, JULY 31 Rental Property Management (RPM) 101 Presented by Carmen Madden, EBRHA Board Member Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m.

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

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

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Oakland RENT ADJUSTMENT PROGRAM FEE

Annual fees are $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

2018-19 (3.4%) A CPI increase of 3.4% becomes effective on July 1, 2018. 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 ‘18 - JUNE 30 ‘19 . . . . . . . . . 3.4 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 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 $270 per unit and are due July 1.

RATES OF ANNUAL PAYMENT OF SECURITY DEPOSIT INTEREST P E R I OD A MO UN T BERKELEY RATES

DEC. 2017. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2016. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2015. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2014. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3% 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%

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. FOR FURTHER INFORMATION CONTACT:

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

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vendor directory — CONTACTS, PRODUCTS & SERVICES 24 HOUR LIVE ANSWERING SERVICE

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

The Lee Accountancy Group, Inc. Jong H. Lee, CPA | 510-836-7400 jhlee@theleeaccountancy.com Martin Friedrich, CPA 510-895-8310 www.besttaxcpa.com

The Evictors Alan J. Horwitz | 510-839-2074 wwwalanhorwitzlaw.com The Shepherd Law Group Michael Shepherd | 510-531-0129 www.theshepherdlawgroup.com

Chase Commercial Ted Levenson | 415-945-5430 ted.levenson@chase.com

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

Luther Burbank Savings Gabriel Basso | 510-601-2400 gbasso@lbsavings.com

ATTORNEYS — LAND USE/CONDO CONVERSION

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

APPLIANCE SALES & PARTS

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

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

APPRAISERS

Access Appraisal: Apartment Specialists Joe Spallone, MAI | 510-601-1466 www.accessappraisal.com

Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards | 925-231-8104 www.richards-legal.com

ARCHITECTURE

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

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

ASSOCIATIONS

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

ATTORNEYS — REAL ESTATE/CORP.

Burnham Brown Charles Alfonzo | 510-835-6825 Oakland/Berkeley Association of Realtors www.burnhambrown.com Davina Lara | 510-836-3000 Ericksen Arbuthnot oaklandberkeleyaor.com Jason Mauck | 510-832-7770 Oakland Chamber of Commerce www.ericksenarbuthnot.com Barbara Leslie | 510-874-4808 Fried & Williams LLP www.oaklandchamber.com Clifford Fried | 510-625-0100 ATTORNEYS — EVICTIONS/PROPERTY www.friedwilliams.com OWNER DEFENSE

Harding Legal Elva Harding | 415-967-7570 www.edhlegal.com

Beckman, Feller & Chang P.C. Fred Feller | 510-548-7474 www.bfc-legal.com Bornstein Law Daniel Bornstein | 510-836-0110, x1007 www.bornsteinandbornstein.com Burnham Brown Charles Alfonzo | 510-835-6825 www.burnhambrown.com

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

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

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

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

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

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

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

Law Offices of Elaine Lee Elaine Lee | 510-848-9528 www.elaineleeattorney.com

BANKING/LENDING

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

| JUNE 2018 |

Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com

Ericksen Arbuthnot Jason Mauck | 510-832-7770 www.ericksenarbuthnot.com

34 RENTAL HOUSING

Jack Schwartz, Attorney at Law Jack Schwartz | 650-863-5823 jwsjr1220@comcast.net

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

First Foundation Bank Michelle Li | 510-250-8133 www.ff-inc.com

Pacific Western Bank Marc Lipsett | 510-332-6964 www.pacificwesternbank.com Bridge Bank Dale Marie Golden | 510-899-7536 dale.golden@bridgebank.com BATHROOM/KITCHEN REMODELING & BUILDING SUPPLIES

American Bath Enterprises, Inc. Larry Arcadi | 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com Ashby Lumber Paul Heiser | 510-843-4832 www.ashbylumber.com D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Sincere Home Decor Hei Chan | 510-835-9988 www.sincerehomedecor.com Urban Ore Marylou Van | 510-841-7283 www.urbanore.com CABINET DOOR RESURFACING

Northern Contours Charlene Hall | 866-344-8132 www.northerncontours.com 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 All Buildings Contracting & Development Rick Quinn | 510-545-9016 rickquinn55@gmail.com ALP Construction & Painting Adrian Perez | 925-567-4777 www.alpconstructionca.com APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com

vendor directory 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 SES Restoration Inc. Paul Watts | 415-413-0939 paul@sesrestoration.com Servpro of Lafayette/Moraga/Orinda Jenny Villena | 925-299-1323 servpro9542@sbcglobal.net DOORS & GATES

ELEVATOR REPAIRS

Paramount Elevator Corp.

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

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

All-Guard Alarm Systems Sean Cooke | 510-909-7230 www.allguardsystems.com Detect All Security & Fire Amy Roither | 510-835-4100 www.detectall.com FLOOR COVERINGS

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

BayPro Property Solutions, Inc. Sergio Rodriguez | 925-895-7898 sergio@bayprosolutions.com GOVERNMENT AGENCIES

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

APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com Christopher Simmons 510-776-2697 c2thejay44@gmail.com Halcyon Properties Roger Shane | 510-847-7075 rbshane@aol.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey | 510-727-9128 cpmbailey@sbcglobal.net HAULING SERVICES

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

Bay to Bay Garage Doors Robert Bruce | 925-872-5324 www.baytobaygaragedoors.com

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

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

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

ELECTRICIANS

HOUSING SERVICES

HUMAN RESOURCES MANAGEMENT

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

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

ECS Group, Inc. Shawn Rau | 707-732-3370 shawn@ecsgroup.net SpottCheck Consulting Susan Spott | 510-816-1452 www.spottcheck.com INSURANCE

AAA - NCNU (Oakland Rockridge) Sherri Kamaka | 510-350-2060 sherrianne.kamaka@norcal.aaa.com Bulloch Insurance Brokers, Inc. Curt Bulloch | 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius | 415-436-9800 www.comcov.com Gordon Insurance Pamela Hutchins | 877-877-7755 www.gordoninsurance.com The Greenspan Co./Adjusters Int’l.

Rich Hallock | 866-331-4790 www.greenspan-ai.com PFN Insurance Services Nicholas Penland | 510-483-6667 www.pfninsurance.com Jain L. Williams - State Farm Insurance Jain L. Williams | 510-530-3222 www.jainwilliams.com Kelly Lux — State Farm Insurance Kelly Lux | 510-521-1222 Kelly.lux.gjcg@statefarm.com INTERNET & PHONE SERVICE PROVIDERS

Sonic Leah Gulley | 707-237-2459 www.sonic.com INTERCOMS & ACCESS CONTROLS

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 LAUNDRY EQUIPMENT

Momentum Electrical Contractors Tom Grealis | 888-280-0794 www.momentum-electric.com

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

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

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

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

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

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

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

LAUNDRY MACHINE PAYMENTS BY SMARTPHONE

ShinePay George Melcer | 732-763-6780 www.getshinepay.com

POWER WASHING

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

LEAD, MOLD & PEST MANAGEMENT

Alameda County Healthy Homes Dept.

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

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

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

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

LOCKSMITH EVICTION SERVICES

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 PROPERTY MAINTENANCE

PACKAGE LOCKERS & DELIVERY MANAGEMENT

Smiota Inc Waheed Rasheed | 408-332-1352 www.smiota.com PAINTERS

A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com ALP Construction & Painting Adrian Perez | 925-567-4777 www.alpconstructionca.com APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com

ALP Construction & Painting Adrian Perez | 925-567-4777 www.alpconstructionca.com

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

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

PROPERTY MAINTENANCE SOFTWARE

PEST & VECTOR CONTROL

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

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

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

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

The Enterprise Company William McLetchie | 510-444-0876 www.theenterpriseco.com ERI Property Management Terrence Sims | 510-883-7070 www.erirentals.com Kasa Properties Tania Kapoor Mirchandani | 415-377-9452 tania@kasaproperties.com Lapham Company Jon M. Shahoian | 510-594-7600 www.laphamcompany.com Marquardt Property Management Karen or Judi Marquardt | 510-530-2050 www.mpmoakland.com Mynd Stacy Winship | 510-455-2667 www.mynd.co OMM Inc./Mason Management Janice Mason | 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin | 510-594-0794 www.premiumpd.com Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com Shaw Properties Judy Shaw | 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree | 510-798-9299 www.sphinxpm.com Vision Property Management Michael Margado | 510-926-4104 www.vpmpropertymanagement.com Wellington Property Company Jillian Loh | 510-338-0588 www.wellingtonpropertyco.com Woodminster Property Management Nicholas Drobocky | 510-336-0202 www.woodminstermanagement.com PROPERTY MANAGEMENT SOFTWARE

On-Site Janis Rossi | 408-795-4167 www.on-site.com REAL ESTATE BROKERS & AGENTS

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

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

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

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

Advent Properties, Inc. Benjamin Scott | 510-289-1184 www.adventpropertiesinc.com ARA Newmark Ryan Denman | 415-430-1031 www.aranewmark.com/norcal 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

PLUMBING/WATER HEATERS

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vendor directory Caldecott Properties Andy Read | 510-594-2400 www.caldecott.com CBRE Keith Manson | 510-874-1919 www.cbre.com Coldwell Banker — Apartment Specialist John Caronna | 925-253-4648 www.eastbayIREA.com Coldwell Banker Commercial Henry Ohlmeyer | 925-831-3390 www.coldwellbanker.com Edrington & Associates Steven Edrington | 510-749-4880 steve@edringtonandassociates.com Lapham Company Tsegab Assefa | 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge | 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap Eli Davidson | 510-379-1280 eli.davidson@marcusmillichap.com Marcus & Millichap David Wolfe | 510-379-1200 www.marcusmillichap.com NAI Northern California Grant Chappell | 510-336-4721 www.nainorcal.com NAI Northern California Timothy Norkol | 510-336-4724 tnorkol@nainorcal.com The Pinza Group Steven Pinza | 510-725-4775 www.pinzagroup.com Property Counselors Link Corkery, Inc. Nadine Corkery | link@linkcorkery.com www.pclclink.com Red Oak Realty Vanessa Bergmark | 510-292-2000 vanessa@redoakrealty.com Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com Sharon Medairy, Realtor® Real Estate Source, Inc. | 510-517-9969 www.medairy.net Six Degrees Realty Stephanie Christmas | 510-461-4663 www.stephaniechristmas.com Woodminster Real Estate Co Inc. Nicholas Drobocky | 510-336-0202 www.woodminsterrealty.com 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

Bay Property Group Cristian Villarreal | 510-474-7404 cristian@baypropertygroup.com Big City Property Group Jill Broadhurst | 510-838-0655 www.bigcitypropertygroup.com Edrington & Associates Steven Edrington | 510-749-4880 steve@edringtonandassociates.com Rent Board Matters Liz Hart | 510-813-5440 liz.hart1801@gmail.com St. John & Associates Michael St. John | 510-845-8928 www.stjohnandassociates.net RENTAL SERVICES

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

A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com Fidelity Roof Company Doug Kellor | 510-547-6330 www.fidelityroof.com Frank Fiala Roofing Frank Fiala | 510-582-6929 www.ffialaroofing.com General Roofing Company Michael Wakerling | 510-536-3356 www.generalroof.com SECURITY/SURVEILLANCE

All-Guard Alarm Systems Sean Cooke | 510-909-7230 www.allguardsystems.com Sentry Alarm Systems 800-424-7773 www.sentryalarm.com R & S Overhead Garage Door Sean Boatright | 510-483-9700, x14 www.rsdoors.com SEISMIC CONSTRUCTION

B.A.S.S. Seismic Retrofit D.W. Hamilton | 510-919-0046 www.bassseismicretrofit.com West Coast Premier Construction, Inc. Homy Sikaroudi | 510-271-0950 www.wcpc-inc.com SEISMIC ENGINEERING

Earthquake & Structures, Inc. B.K. Paul | 510-601-1065 www.esiengineers.com 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

SIGNAGE

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

Ken Betts Towing Service Ayub Azam | 510-532-5000 www.kenbettscompany.com PPI Towing Stephanie Gipson | 510-533-9600 www.ppitowwing.net TREE SERVICE

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

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

Junk King Contra Costa Krishna Vepa | 925-954-5420 krishna.vepa@junk-king.com Waste Management Company Karen Stern | 510-430-8509 www.wastemanagement.com WASTE & RECYCLING MAINTENANCE

Bay Area Bin Support Nancy Fiame | 888-920-BINS www.bayareabinsupport.com Clean Waste Revolution LLC Trivia Flowers | 510-565-4282 www.cleanwasterev.com Copia Resources, Inc. Stephanie Layman | 925-453-9495 www.copiaresources.com Trashlogic, LLC Lainika Johnson | 888-384-3131 www.trashlogic.com WINDOWS

Urban Ore Marylou Van | 510-841-7283 www.urbanore.com WINDOWS & SIDING

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

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RENTAL HOUSING 37

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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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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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Albert Nahman Plumbing . . . . . . . . . . . . . . 29 PROPERTY MANAGEMENT

Maisel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PROPERTY MANAGEMENT & SALES

Beacon Properties. . . . . . . . . . . . . . . . . . . . . 30 RENT CONTROL CONSULTANTS

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JOIN TODAY! CALL 510-893-9873 OR GO TO WWW.EBRHA.COM/JOIN 38 RENTAL HOUSING

| JUNE 2018 |

ebrha.com

Applied Waterproofing Systems . . . . . . . . 31 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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CERTIFIED APARTMENT MANAGER — ONLINE Earning your CAM allows you to demonstrate that you have the knowledge and ability to manage an apartment community and achieve owners’ investment goals.

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You’ll learn about: • Occupancy rates

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If you’re a community manager or experienced assistant manager we recommend this course!

• 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

For just $815*, you can earn your CAM credential on a schedule that works for you! *Member price

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INFORMATION n NETWORKING n ADVOCACY n COMMUNITY IMPROVEMENT

12TH ANNUAL

Trade Expo & Symposium

DON’T MISS THIS SPOOK-TACULAR EVENT! All Bay Area rental housing vendors are invited to EBRHA’s 12th Annual Trade Expo. Share best practices and meet face-to-face with hundreds of rental owners who seek assistance with maintenance, management, legal and financial issues.

This year, our Expo will feature a Halloween theme and costume contest. Everyone is encouraged to participate for a chance to win fabulous prizes. Space is limited, so claim your space in advance!

VENDORS: RESERVE YOUR SPACE TODAY! THURSDAY, OCTOBER 25 GREEK ORTHODOX CATHEDRAL 4700 LINCOLN AVE, OAKLAND, CA

TO CLAIM YOUR SPOT EMAIL ERICA AT EYARBROUGH@EBRHA.COM OR CALL 510-893-9873