Rental Housing - July 2015

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | JULY 2015

Pets Allowed

Maximize revenue by recognizing your tenants’ needs

PLUS: REPRESENTING YOURSELF AT THE OAKLAND RENT BOARD HOW TREATING TENANTS WITH EMPATHY CAN GO A LONG WAY

Contents

East Bay Rental Housing Association

JULY 2015

Volume XII, Number 7 July 2015 EBRHA OFFICE

Features & Columns

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

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

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

Esteban Cortez | ecortez@ebrha.com ACCOUNTING MANAGER

Cathy Hayden | chayden@ebrha.com EDUCATION & MEMBER MANAGER

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Maintaining the Peace

Representing Yourself at the Rent Board

BY MICHAEL ST. JOHN

Tori Blanca | tblanca@ebrha.com EBRHA OFFICERS PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge VICE PRESIDENT Jack Schwartz TREASURER Abbe Sultan SECRETARY Fred Morse MEMBER Rick Philips EBRHA DIRECTORS

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

BY LIZ HART &

CLIFFORD FRIED

26

PUBLISHED BY

East Bay Rental Housing Association PUBLISHER

Raise Cash Flow Without Raising Rents

Wayne C. Rowland MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff

BY DAN LIEBERMAN

ADVERTISING

Tina Bocheff | 510.318.8303

Features & Columns 6

NEWS

Oakland Free Bulky Drop Off and Curbside Collection Programs 8

LEGAL FORMS

BY BRENT KERNAN

10

To Serve or Not to Serve?

EVENT PHOTOS

Annual Baseball Night: A’s vs. Yankees

30 GOVERNMENT AFFAIRS Hope Looms for Our Political System

BY GREG BROWN

32

ESQ&A

BY JASON MAUCK

What is a Habitability Issue?

Events & Directory

BY ESTEBAN CORTEZ

2 RENTAL HOUSING

34 GREEN SHEET 36 COMMUNITY CALENDAR 38 M EMBER DIRECTORY 42 M EMBERSHIP APPLICATION 42 A D INDEX

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Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 3664 Grand Ave., Suite B, Oakland, CA 94610.

Rental Housing is published monthly for $36 per year by the East Bay Rental Housing Association (EBRHA), 360 22nd Street, Suite 240, Oakland, CA 94612.

Rental Housing is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in Rental Housing are those of the author and do not necessarily reflect the viewpoint of EBRHA or Rental Housing.

This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered.

Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright © 2015 by EBRHA. All rights reserved.

COVER PHOTO: FLICKR USER ZENJAZZYGEEK / CREATIVE COMMONS

ART DIRECTOR & COPY EDITOR Esteban Cortez

Free Bulky Item Drop Off for Oakland Recycles Customers SAT

1

Saturday, August 1, 2015 10 am - 2 pm Davis Street Transfer Station 2615 Davis Street, San Leandro

Maximum materials allowed:

Two (2) pieces of furniture

Four (4) Mattresses

No trash or commercial deliveries

Unlimited electronics

Two (2) large appliances

Four (4) passenger auto tires

As a part of new multifamily trash, compost and recycling services arriving July 1, Oakland residents* may drop off bulky materials at no charge during four annual events. These will be the first Saturday of the month every August, November, Februrary and May. AUG 2015

NOV 2015

Aug 1, 2015

Nov 7, 2015

FEB 2016

MAY 2016

Feb 6, 2016

May 7, 2016

*with proof of residency (driver’s license or utility bill)

For more information on all new services coming July 1, visit OaklandRecycles.com or call Waste Management of Alameda County at (510) 613-8710.

contributors LIZ HART Liz Hart has provided expertise to property owners for over 20 years. She offers consulting services on rent control and property management matters to San Francisco, Oakland and Berkeley property owners as well as being a consultant for the law firm of Fried & Williams LLP. She is a passionate advocate for property owners in rent controlled communities and is always eager to discuss unique issues they face.

BRENT KERNAN Brent Kernan is an attorney and general counsel at Story Rentals, Inc. Brent has practiced landlord/tenant law in the Bay Area for more than 20 years. He has taught law and served as a judge pro-tem and arbitrator. He is also active in property management both as a general counsel and as a rental property owner and landlord.

DAN LIEBERMAN Dan Lieberman is the president of Milestone Properties in Oakland. He has extensive experience renovating, marketing and repositioning multifamily properties. Over the past 18 years, he has upgraded and managed over 50 apartment communities in the East Bay. Dan was the 2004 president of the California Apartment Association, and he is currently writing a book on how to improve the performance of your rental properties.

JASON MAUCK Jason Mauck is an attorney in the Oakland office of Ericksen Arbuthnot and practices in the areas of real estate, personal injury and employment law. He is a contributing member to the real estate practice group and focuses his real estate practice on affordable housing property management representation and landlord/tenant law.

MICHAEL ST. JOHN Michael St. John is a property management consultant and economist and writes extensively about fair return on investment. His research report “Rent Control in Perspective: Impacts on Citizens and Housing� is credited with tipping the balance in favor of the 1995 Costa-Hawkins state law. He served on the Berkeley Rent Board from 1981-83 and has advised property owners about landlord/tenant and rent control issues ever since.

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ONLINE TENANT SCREENING

To Schedule an Appointment, Call (510) 893-9873 EBRHA provides members with low-cost online resident screening.

Partnered with Contemporary Information Corp. (CIC), resident screening has one objective: to make sure your leasing decisions make the greatest possible contribution to your bottom line. As of 2015, rental property owners can collect a maximum of $45.99 for an application fee.

MEMBER PRICING Basic Report* . . . . . . . . . . . $15 Bad Check Search. . . . . . . . $10 Social Security Search. . . . . $7 Criminal . . . . . . . . . . . . . . . . $10 Criminal (County) . . . . . . . . $10 Verbal and Fax Reports . . . . . . . Add $20

*Includes TransUnion credit report, FICO score and eviction history

East Bay Rental Housing Association TEL

510.893.9873 | FAX 510.893.2906 www.ebrha.com

SAVE THE DATE

9TH ANNUAL

Trade Expo Thursday, October 1, 2015 3:00 - 7:00 p.m.

Members: Free, Guests: $20

Greek Orthodox Church 4700 Lincoln Ave., Oakland

Presented by the East Bay Rental Housing Association

n Free Workshops n Vendor Fair n Free Parking n Oktoberfest Reception

Sponsored by

Register today at www.ebrha.com/expo To exhibit, contact Tina Bocheff at 510-318-8303 or tbocheff@ebrha.com

COLUMN

news

Oakland Free Bulky Drop Off and Curbside Collection Programs Oakland’s new Zero Waste services program designed to protect our environment, save resources and keep recyclables and compostables out of landfills for a greener, cleaner Oakland. Helping to create a cleaner Oakland are two new free bulky material disposal programs: Bulky Drop Off and Bulky Curbside collection. The Bulky Drop Off occurs four times a year on the first Saturday in February, May, August and November at the Davis Street Transfer Station. The Bulky Curbside Collection at your property can be scheduled year round at property managers’ request. The first Drop Off event is Saturday, August 1 from 10 a.m. to 2 p.m. at Waste Management’s Davis Street Transfer Station at 2615 Davis Street, San Leandro. Residents and property owners alike can bring these bulky items for disposal with proof of Oakland residency (a driver’s license or utility bill).

The maximum materials allowed are: two (2) pieces of furniture, two (2) large appliances, unlimited electronics, four (4) passenger auto tires, and four (4) mattresses.

JULY 1 KICKS OFF

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Materials not accepted are Household Hazardous Waste (e.g. paint, fluorescent bulbs and tubes, and batteries) and household trash (bagged or loose).

The new Bulky Curbside program for multifamily buildings provides collection for designated bulky items, up to 1.5 cubic yards of material per unit annually.

Property owners can schedule curbside collection as needed and can even arrange for bin service for building-wide collection events. Bulky items per unit include one (1) large appliance, two (2) TV and computer monitors, tires, mattresses and two (2) carpets, as well as consumer electronics, metal objects, bundled cardboard, untreated wood and bagged yard trimmings for recycling.

To learn more about the two free bulky programs available to you and your tenants, visit EBRHA.com/zerowaste to download the Property Manager’s Tool Kit, which contains details about these and many other services of the new Oakland Zero Waste program.

Berkeley Property Owners Form Berkeley Rental Housing Coalition (BRHC), Seeking Executive Director From the Berkeley Property owners Association: A group of

Berkeley property owners, with the support of and in association with the Berkeley Property Owners Association, is forming a new organization—the Berkeley Rental Housing Coalition (BRHC)—that will advance the interests of rental property owners through a political action committee (PAC) and legal defense fund. The BRHC, which will be the subject of a special issue of the BPOA newsletter later this month, will raise funds to take political and legal steps that will proactively address imbalances in public policies impacting rental housing providers and the rental housing market in Berkeley. The founding members have committed themselves to support the BRHC in amounts equal to what they pay to the Rent Board, so long as they raise collectively a minimum

THE BEN WEIL TEAM of $500,000 per year. While the Rent Board uses money to undermine property owners’ rights, the BRHC will use its funds to fight for owners’ rights, bringing balance to matters that have been far out of balance for far too long. A key step in forming the BRHC will be hiring an Executive Director. BRHC is seeking someone with significant political, organizational, and technical skills who has the energy and vision to make this project a success. A job description is available by emailing brhc@bpoa.org.

BRHC encourages interested applicants to apply as soon as possible, and hopes to have the Executive Director on board and working by mid-July 2015. The BRHC Organizing Committee includes: Sam Sorokin, Sid Lakireddy, Jon Vicars, Michael St. John, Venkata Vemireddy, Albert Sukoff, Judy Shaw, Laksh Lakireddy, Franco Reggi, Bob Richerson and Richard Genirberg. EBRHA members are encouraged to contact the BRHC at brhc@bpoa.org with suggestions or expressions of interest.

Berkeley Rent Board Raises Registration Fees to $213 Per Unit At a regularly-scheduled meeting

held on May 11, 2015, the Berkeley Rent Stabilization Board adopted Resolution 15-01 setting the annual fiscal year 2015/16 registration fee at $213 per unit—up from $194—effective July 1, 2015. This is the first increase in the registration fee since 2009. The Board also adopted Resolution 15-02 giving authorization to directly pass through to certain tenants a portion of 2015’s registration fee, not already included as a part of previous Annual General Adjustments, as a temporary general adjustment of rent ceilings, by up to $6 per month. Rent Board staff were also asked to develop a mechanism that allows low-income tenants (at 40% of Area Median Income) to be reimbursed for any pass-through. For more information, contact the Rent Board at 510-981-7368. RH

BEN WEIL

ZACK WARD

415.874.5069 Fax Lic# 01816078

415.874.5068 Fax Lic# 01907645

415.874.5019 Office

415.874.5018 Office

theBWteam@paragon-re.com With 61 closed multifamily sales, the market has been more active in 2015 than any recent year. Prices have surpassed the peak set before the recession and interest rates have started to come up. This has resulted in more Sellers and more Buyers pushing to get deals done now.

The Ben Weil Team specializes in rent control markets and East Bay income properties. We help countless investors build wealth through value added investing and market timing strategies. We consistently work both on-market and off-market deals which allows us not only to stay abreast of the market, but also allows you to see more opportunities with The Ben Weil Team than with any other agent or group out there. Contact us to discuss the current market and your personal options.

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COLUMN

legal forms

To Serve or Not Serve?

Important information about the Prejudgment Claim of Right to Possession form. BY BRENT KERNAN

I

f you are handling your own eviction, you must deal with the question of whether to serve the Prejudgment Claim of Right to Possession form (Judicial Council form 10.5) as part of the process. If you have never seen the form, you can get a copy from the Judicial Council website, www. courts.ca.gov/forms.htm. In general, the prudent landlord should always have this form properly served. But you do not need to serve this form to complete your eviction (it is more expensive to do this and can be an impediment to a quick eviction), and there may be situations where the benefits are outweighed by the costs.

When you start an eviction court action (called an unlawful detainer), the people you are evicting must be properly served the legal papers that commence the action—the Summons and the Complaint. But there may be others occupying the unit, such as subtenants or guests. You may know who they are, or you may not.

Once you have gone through the eviction action, won your case, obtained your judgment, and submitted the writ of possession to the sheriff, the issue of unknown occupants will suddenly become relevant. If you have not had the prejudgment claim form properly served or have not timely filed the proper proof of service, your writ of possession form will reflect this fact.

The sheriff will then post a blank copy of the prejudgment claim form when the eviction notice is posted, and at the time of eviction, will inquire of any person on the premises not named in the judgment whether they wish to claim a right to possession of the property.

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stops, and further legal proceedings commence.

Background In 1982, the California Supreme Court ruled that unnamed occupants of a rental unit have a due process right to notice of the eviction action regardless of their tenancy status.

As a result of this ruling, in 1986 the California legislature enacted Code of Civil Procedure (C.C.P.) §1174.3, creating a statutory process for unnamed occupants to stop an eviction from occurring when the sheriff arrives at the door. Apparently, this statute created a landslide of problems for landlords and the courts, and so in 1991 California amended §1174.3 to allow for an occupant to claim a right to possess the property when the sheriff arrives, unless the Prejudgment Claim of Right to Possession form has been properly served according to C.C.P. §415.46.

serve a legal document, but not in this case. The sheriff, marshall, or registered process server will know how to comply with §415.46, so you don’t have to.

Once properly served, any occupant in the unit wanting to assert their right to possess the rental unit has 10 days to do so.

If you are going to have the prejudgment claim form served, then you need to serve the defendants at the rental unit and not anywhere else. This is because the process server must inquire of the person served with the summons and complaint at the premises whether there are other adult occupants not named in the summons and complaint. Although the summons and complaint can be served on the tenant practically anywhere, the prejudgment claim form can only be served at the premises.

Once the prejudgment claim form is properly served, file the proof of service with the court as soon as possible. Do this even if the named defendants file an answer to the complaint. The proof of service of the prejudgment claim form will need to be on file so that the clerk (if judgment for possession by default) or the judge can confirm that it was properly served and include “all occupants of the premises including tenant, subtenants if any, and named claimants if any” in the judgment.

What Happens If You Don’t Serve the Prejudgment Claim Form?

If you don’t properly serve the prejudgment claim form, you will still get your Serving the Form judgment. The difference will be that Proper service of the prejudgment claim you must complete the Writ of Possesform means that no one can stop the sion form (Judicial Council form EJ-130) eviction at the last moment by claiming differently than if you had served it a right to live at the rental unit. That is correctly. Item 24 of the Writ of Possesits importance. You can still get a valid sion form requires you to specify whether judgment without having served the the Prejudgment Claim form was served form, but you don’t get the security that correctly. If it was not, you must indithe eviction won’t be stopped at the last cate so, including the moment.

“In practice, most daily rental value in the The most important sheriff evictions space indicated. The thing to know about tend to go smoothly daily rental value tells service of the prejudgwithout someone the court how much ment claim form is that unknown to the it should charge the it can only be served by a landlord suddenly claimant for the period California sheriff, a U.S. stepping up to conbetween the eviction and Marshall or a registered test it, but you never the date of the hearing process server. Normally, know.” on the occupant’s claim. any non-party adult can

UPCOMING WORKSHOPS & EVENTS Additionally, if you don’t properly serve the form, the clerk of the court may assign a court date to hear any future claims by unnamed occupants on the writ form (item 24(a)(2)(b)). In Alameda County, the clerk currently simply states that objections can be lodged Monday through Friday in the law and motion department.

If you are confident that only the named defendants will assert a right to possess the rental unit, you may forgo serving the prejudgment claim form. In practice, most sheriff evictions tend to go smoothly without someone unknown to the owner suddenly stepping up to contest it, but you never know. Clearly, when it comes to evictions, it is better to be safe than sorry. RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Brent Kernan is an attorney and general counsel at Story Rentals, Inc and has practiced landlord/tenant law in the Bay Area for over 20 years. He can be reached at bkernan@aol.com or 510-712-2900.

Landlord Basics D ATE & TIME

SPEAKER

PRICE

TOPICS

TUESDAY, JULY 7; 6:30 P.M. - 7:30 P.M. Tori Blanca, CCRM, EBRHA Free to Members and Non-members Introduction to Property Management in the East Bay

Overview of Services Offered by the Alameda County Healthy Homes Department D ATE & TIME

SPEAKER

PRICE

TOPICS

TUESDAY, JULY 14; 2:00 P.M. - 3:30 P.M.

Dale Hagen, Healthy Homes Department Members: Free; Non-members: $69 Lead Hazard Repair Funds, On-site Lead and Healthy Housing Consultations, Healthy Housing Principles, Lead Safety Requirements, and more

Landlord 101 D ATE & TIME

SPEAKER

PRICE

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THURSDAY, JULY 16; 6:30 P.M. - 8:00 P.M.

Tori Blanca CCRM, EBRHA Members: Free; Non-Members: $69 New Rental Housing Laws, Tenant Screening, the Application Process, Fair Housing, Measure EE, Rent Control, and more

Member Meeting D ATE & TIME SATURDAY, JULY 18; 10:00 A.M. - NOON

SPEAKER • Legal Q&A—Fred Feller of Buresh, Kaplan, Feller &

Lic. #414359

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Norman Thomas of Swords to Plowshares

• Services Available for Rental Properties—

Candy Calhoun and Trent Anderson of First Place for

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DETAILS Members only; Street parking available

Landlord 102 D ATE & TIME

SPEAKER

PRICE

TOPICS

TUESDAY, JULY 28; 2:00 P.M. - 3:30 P.M.

Tori Blanca CCRM, EBRHA Members: Free; Non-Members: $69 Business Licenses, Rent Board Fees, Lease Agreements, Security Deposits, Operational Forms, Oakland’s Notice of the Rent Adjustment Program (RAP Form), and more

Online Registration at ebrha.com The Plumber Referred by Your Friends!

(510)843-6904

Sign up, pay registration fees and receive reminders online.

NEW ADDRESS! All workshops are held at our new office: EBRHA Education Center 3664 Grand Ave., Ste B Oakland

www.albertnahmanplumbing.com ebrha.com

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EVENT PHOTOS

ANNUAL BASEBA I

n May, more than 100 members,

friends and staff of EBRHA gathered at the Oakland Coliseum for our Annual Baseball Night event. EBRHA— with the help of generous sponsors Bay Property Group, Bornstein & Bornstein and Fried & Williams LLP—hosted a tailgate party, preceding the Oakland A’s vs. New York Yankees baseball game.

“Baseball Night is always a great way to meet new people and socialize with all of EBRHA’s members,” said Esteban Cortez, EBRHA’s Publications and Communication Producer. “I look forward to Baseball Night every year, to seeing both old and new faces.” Thank you to Bornstein & Bornstein, Bay Property Group, and Fried & Williams LLP for the complimentary tickets, food and drink. Without their support, the event wouldn’t have been possible. Finally, thank you to all EBRHA members who made Baseball Night a fun and enjoyable event—all the better with the A’s winning the game 5-4.

We look forward to seeing more of you next year. RH

A’s vs. Y

THANK YOU TO OUR SPONSORS

PHOTOS BY ESTEBAN CORTEZ

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ALL NIGHT

Yankees

3.

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FEATURE

14 RENTAL HOUSING | JULY 2015 | ebrha.com PHOTO: FRANCOIS SCHNELL / FLICKR / CREATIVE COMMONS

Representing Yourself at the Rent Board The first in a series of three articles covering how a rental property owner can handle their own case with the Oakland Rent Adjustment Program. BY LIZ HART & CLIFFORD FRIED Congratulations, you have joined the ranks of the select few. You are dealing with a petition at Oakland’s Rent Board, known as the Rent Adjustment Program (RAP).

With Oakland having approximately 100,000 rental units (per the 2010 census) and about 400 petitions a year being decided at the RAP, you are about to embark on a journey that few rental property owners ever experience.

Is it something you should take seriously? Absolutely.

Is it something you should prepare for? Definitely. Do you have to enlist the help of a professional? Not necessarily.

Going to a RAP hearing alone can be intimidating and, if not handled correctly, it can be costly. By paying attention to detail, having some organization and being aware of the Rent Control Ordinance and the Rules and Regulations, it is possible to represent yourself at the RAP and emerge unscathed. Let’s talk about how you can do that.

Give Me One Good Reason Why

There are three reasons you will have a hearing at the RAP: 1) You are filing to exempt your rental property from Oakland’s rent laws; 2) You are filing a rent adjustment petition to get the RAP’s prior approval before you pass through a rent increase; or 3) Your tenants are filing a petition—the most common reason of all—and you must respond. Each of these requires different types of evidence and different paperwork.

All the petitions an owner might use, as well as additional resources, can be found at this link: http://www2. oaklandnet.com/Government/o/hcd/s/LandlordResources/ DOWD008774. This webpage also has the RAP Notice (as does EBRHA’s website), a link to the RAP Service Fee information page, and the calculation worksheets for vari-

ous rent increases. Navigating through all of the various webpages for the RAP can be time consuming, so you might want to save this link as a favorite in your Internet browser.

Their Paperwork, Your Information

Let’s start with the elements that all petitions have in common. You will need to complete and file with the RAP the correct petition and you will need to supply paperwork that documents your claims. This paperwork will serve as evidence in your hearing and will become a part of the record.

Make sure you are providing copies and not the original documents.

You will also need to prove you paid your City of Oakland business license tax and the RAP fee. Even if your property is exempt from the Rent Adjustment Ordinance, you probably still need to pay the RAP fee. This fee is used not only to support the RAP, but to also administer the Just Cause Eviction Ordinance. Taking into account the penalties and interest charges, failing to pay the fee can be expensive. Failing to pay will automatically cost you the Rent Board case. Ditto the business license tax.

For all petitions except the Petition for Exemption from rent control, you will want to provide proof that you have served your tenants with a copy of the RAP Notice. A copy of the Notice with its completed proof of service form, a copy of the Notice signed by the tenant or a copy of the Rental Agreement with the RAP Notice as an addendum are all acceptable as proof. Failing to prove that you have served your tenants with a copy of the RAP Notice will significantly compromise your case. In past cases where the tenant was not served with a copy of the RAP Notice, the RAP has found for the tenant and rolled the monthly rent ebrha.com

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OAKLAND PROPERTY MANAGER TRAINING “STRATEGIES FOR SUCCESSFUL RESIDENT PARTICIPATION IN COMPOST COLLECTION”

New Mandatory Collection Service Begins in Oakland, July 1, 2015

Learn how to introduce compost collection service and increase resident participation in a workshop conducted by Cascadia Consulting, a firm that excels at technical assistance, and Waste Management of Alameda County, the compost collection provider.

Leave with information and resources to help your residents recycle right.

Who: Oakland Property Managers of 5+ Unit Buildings What: Free Seminar When: July 15, 10:00-11:30 am & July 29, 10:00-11:30 am Where: East Bay Rental Housing Association 3664 Grand Ave, Suite B in Oakland

Brought to you by Oakland Recycles—a collaboration among the City of Oakland, California Waste Solutions and Waste Management of Alameda County, Inc. (“Waste Management”)—to help Oaklanders Recycle Right!

Register online at www.ebrha.com/zerowaste or call (510) 893-9873 to reserve your seat

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back to the amount the tenant was paying at the start of their tenancy and also awarded three years of retroactive rent credits.

Needless to say, failing to provide your tenant with a copy of the RAP Notice can be very costly. More to the point, it’s easily correctable. The Rent Control Ordinance allows for a property owner to cure the failure to provide the RAP Notice; serve the Notice now and be certain to complete the proof of service and wait 6 months before imposing a rent increase. Both petitions for exemption and petitions to get prior approval for a rent increases require you to provide the names and addresses of every tenant that will be impacted by the hearing decision. Cases that are about exemption, increased housing services costs, constitutional fair return (and the few debt service cases that are still possible) will need the addresses of all of the tenants at the property while cases about capital improvements only need the names and addresses of those tenants who will be receiving the rent increase.

Being Conscripted Into Battle

When your tenant files a petition, you will receive a large packet of information from the RAP. The packet will include a copy of the tenant’s petition, a “Notice of Hearing” letter from the RAP along with its proof of service, a Landlord Response Packet which includes a copy of the Landlord’s Response form and a “Notice of Tenant Contesting a Proposed Rent Increase” letter from the RAP along with its proof of service.

You must complete and file the Response form within 35 days of the day the RAP mailed the “Notice of Tenant Contesting a Proposed Rent Increase” letter. The date of mailing will be the last line of the last paragraph on the attached proof of service form. It’s very important to file the Landlord Response form before that 35 day deadline. The Landlord Response form must be received by the RAP offices by 5 pm on or before the 35th day. An envelope with a postmark on the 35th day will not be acceptable.

If you are pressed for time, you can hand deliver the Response form to the RAP office yourself or you can fax the form. If you hand deliver the Response

form, you will need to first go to the 5th floor of 250 Frank Ogawa plaza and date stamp the form. There is a mail slot next to where the date stamp machine is—slip the form into the mail slot and you are done. You might want to bring an extra copy of the first page of your packet so you can date stamp it and have proof of the date and time of submission. If you opt to fax the Response form, be certain you have confirmation of the fax being transmitted successfully. Print out the transmission confirmation and keep it. It may be useful later on.

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

Responding on Time

Failing to file a timely response to your tenant’s petition means you will not be able to testify as to your side of the story.

You will be allowed to give a summary at the end of the hearing and to cross examine the tenant and any of their witnesses, but you will not be able to present your case in chief and you will also not be allowed to bring any evidence into consideration at the hearing. Even if you have supplied evidence to the RAP prior to the hearing, you won’t be allowed to testify about it. This could be very damaging because the evidence will be interpreted by the Hearing Officer without the benefit of any explanation or background that you can provide.

In some cases, the failure to file your response results in an Administrative Decision where the RAP makes a determination but without holding a hearing.

Frequently these decisions are not in the owner’s favor. There are rare cases where the Administrative Decision does not favor the tenant, but they are usually due to the RAP having no jurisdiction to decide the issue or even rarer when the tenant’s petition provided information that sabotaged their own case.

Failing to respond to a petition filed by your tenant and failing to appear at the hearing will not get your case dismissed. In fact, it ensures a case where the tenant is the only one testifying and the testimony is undisputed and generally means the tenant will prevail.

The Best Offense is a Good Defense

It’s important to read the tenant’s petition thoroughly before you complete the

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an option owners should consider. Mediation has some distinct advantages over having the RAP decide the case. Mediation tends to be more cooperative and less acrimonious. Just the knowledge that the tenant has agreed to participate and wants to work the issue out without going to the RAP can go a long way to crafting a solution that works for both parties.

If you opt to participate in mediation and check the box(es) on the last page of the petition or Response form, you can choose to have the RAP mediate the issue or use an outside service to mediate. The outside service will charge a fee versus the RAP, which will mediate for no charge, but the RAP mediator is a city employee whose constituents are primarily renters. It would be naive to assume they will not have a bias.

If you do have a RAP staffer mediate and are unable to come to an agreement with the tenant, there will be a hearing to determine the issue, but with a different RAP staffer to decide the issue. Remember, choosing to participate in mediation doesn’t cost you any options, it just creates possibilities.

“There have been cases where a property owner depended on information provided by the RAP staff, only to find out too late that the information was not complete or even correct.”

Response form. Keep in mind, the RAP will not send you copies of any documents the tenant attached to support their petition; the RAP only sends the petition itself. To look at any supporting documents the tenant attached to their petition, you will need to make an appointment to look at the case file at the RAP office.

A rent board staffer will stay with you while you view the file but you can take notes and request copies of documents in the file from the RAP staffer.

While the RAP staff may answer questions and try to be helpful, do not rely on their information to be correct or complete. There have been cases where a property owner depended on information provided by the RAP staff, only to find out too late that the information was not complete or even correct.

More importantly, this is not viable grounds for appeal. Whenever this issue has been raised on appeal in front of the Rent Board, they have always sided with the RAP staff and denied the appeal.

When completing the petition, be familiar with the sections of the Rent Control Ordinance, Rules and Regulations and Appendix A that might be relevant to your case. If you are passing through a rent increase, be certain to include documentation for each element mandated by the RAP when doing a pass through. Incomplete documentation can ruin your case. Using the calculation worksheets provided by the RAP can give property owners valuable insight into what the RAP requires for a successful petition. For instance, when doing an Increased Housing Services petition, make sure you include documentation for ALL of the property’s annual expenses for the two years in question. Property owners who have based their rent increases just on the property taxes or only on the increased EBMUD bills have not succeeded with their petitions for Increased Housing Services Costs.

If you need to include proof of payment for your case, remember to provide copies of the front—as well as the back— of the check. If you paid for an expense with a credit card, you will need to show the full amount as having been paid. So, if you paid over three months, you’ll need the three credit card statements documenting the full amount had been paid.

Can’t We All Just Get Along?

On the last page of both the Landlord Response form and the petition for a rent increase, there is an informational paragraph about participating in a mediation process with the tenant. It’s 18 RENTAL HOUSING

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Looking Like A Pro

If there is additional evidence you want to include with your petition but you can’t provide it in time for the 35 day deadline, the RAP allows for evidence to be provided right up to seven days before the hearing. But, keep in mind this is a rule available to the tenants as well. So, use it to your advantage.

Check the file after the 7-day window has closed and you may find the tenant has provided additional pieces of evidence for their case which allows you to be more prepared. More importantly, if after viewing the file, you determine the tenant is misrepresenting the situation or even baldly lying, and you have evidence to document this, bring the evidence with you to the hearing. You may still be able to have it entered into the record of the hearing if the documents challenge their version of the situation.

The Bottom Line

The key to success here, as with most things, is preparation.

Knowledge of the procedures involved is a large part of being properly prepared. While learning from the errors of others is one of the best ways to acquire knowledge, mistakes at the RAP can cost you a great deal of money. If you cannot follow the written procedures of the RAP, you might want to consider retaining someone knowledgeable about the rules to guide you through the process. RH

The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Liz Hart is a consultant to owners of rental properties in Oakland and Berkeley, and specializes in rent increases and rent board petitions. She can be reached at liz. hart1801@gmail.com or 510-813-5440. Clifford Fried is an attorney with Fried & Williams LLP. He can be reached at cfried@friedwilliams.com or 510-625-0100.

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FEATURE

MAINTAINING Treating tenants with empathy can go a long way.

BY MICHAEL ST. JOHN

PHOTO: AIDAN JONES / FLICKR / CREATIVE COMMONS

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THE PEACE

T

he landlord-tenant rules in Oakland and Berkeley are so strongly protenant, so consistently one-sided, that arguments with tenants don’t usually work out well for property owners. There are a thousand ways in which angry, hostile tenants can make our lives difficult when they want to. It is better by far to go the second mile, attempting to work something out with your tenant. A little time, a little expense, and some empathic listening can save you thousands of dollars, untold hours and buckets of grief.

Being “right” about something doesn’t automatically make it right to say no to tenants. We may have no obligation under law to accommodate to tenants’ wishes, but refusing to accommodate may be far more expensive in the end than being accommodating.

This does not mean that we should always give in to demanding tenants.

There are tenants who make outrageous demands and who break the rules with impunity. There are tenants who seem to want to be in conflict with the property owner. In some cases there is a projection of “bad parent” onto “bad landlord”.

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Sometimes it seems that we cannot satisfy some tenants no matter what we say or do.

In these cases, my prescription is sticking kindly but firmly to the rules—not allowing such tenants to transgress while at the same time being very careful not to transgress ourselves. With assertive, combative tenants it is important that we stick to the rules precisely. If we are sloppy about adherence to the rules, these sorts of tenants will feel justified in ignoring the rules themselves.

Almost always our attitude impacts the outcome as much as what we do or don’t do. I have found at Rent Board hearings that the bottom line of a dispute is often that the tenant feels disrespected, brushed aside or undervalued. When tenants feel respected, included and valued, they most often will act reasonably, even when we find ourselves unable to do what they are asking. Speaking respectfully with tenants is cost-effective.

Speaking disrespectfully or dismissively can be very, very expensive.

The philosophy of Nonviolent Communication (NVC) helps here. NVC teaches us to be empathic with people we might be in dispute with, even when they are speaking or acting in ways we don’t prefer.

Tenants are people, and things work out better when we treat people empathically. That doesn’t always mean that we

have to do what they are asking. We can say no if no is appropriate. What impacts the outcome is how we say no. If we say no thoughtfully and respectfully, at the same time acknowledging our tenants’ feelings and needs, we stand a better chance of emerging from the encounter unscathed.

NVC recognizes that we all share the same universal needs.

This being so, it is almost always possible to discern the needs behind tenant behaviors or statements. If we acknowledge the needs, things generally work out better, even when it is not possible for us to do exactly what a tenant may want us to do. We may even discover that our needs are not that different from our tenants’ needs.

An example: A rent controlled tenant wanted her landlord to provide a parking space for her new car. The owner didn’t want to rent her a space because she was paying less than half of the market rent for her unit. The owner therefore said no, hoping that this might cause the tenant to vacate the unit.

When the tenant protested that there was a space available and that she was “next in line” to receive a space, the owner, not knowing what to say, didn’t respond. Instead, he rented the available space to someone living in the building across the street for $50 a month.

The tenant, furious, went to the Rent Board, then to Planning. At the Rent Board she learned that the previous owner had

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provided parking to a previous tenant at the beginning of rent control, in 1980.

At Planning, she learned that the parking spaces are required to be there for the residents of the building, not for others.

The tenant filed a petition with the Rent Board and a complaint with Planning.

Fast forward 8 months and better than $5,000 in consulting and legal fees, the owner promised to give her a space the next time a space came vacant.

There are several alternatives that might have worked out better in this situation. For one, the owner might have offered his tenant a space under a separate agreement for $100 a month. The tenant might have accepted that, given that the apartment rent was far below market. Another alternative might be that the owner acknowledge her need for a parking space, explain that he needed to reserve the empty space for a market rate tenant or for the handyman, and brainstorm with her about other alternatives.

He might have offered to pay the yearly fee for a parking sticker for street parking, for example.

Most important, he might have acknowledged her need for a parking space and explained carefully that he needed to allocate the available spaces carefully for the benefit of all residents and management.

NVC cannot solve every practical situation, but NVC can help reduce conflict.

Everyone likes to be treated with respect.

Everyone likes compassionate communication. Communication plus flexibility can go a long way to preventing disputes that can build into conflicts that make property ownership disagreeable and that too often—especially in Berkeley—don’t turn out well for property owners. By employing forbearance, clear communication, and flexibility, property owners can prevent most tenant conflict disasters and encourage peaceful landlord-tenant relationships, even with conflict-pronetenants. RH

Michael St. John is a property management consultant who has assisted Berkeley property owners with tenant and rent control problems for 35 years. He can be reached at msjetal@ pacbell.net, or by phone at 707-937-3711 or 510845-8928.

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FEATURE

26 RENTAL HOUSING | JULY 2015 | ebrha.com Many pet owners are willing to pay additional fees to live in pet-friendly apartments

PHOTO: FLICKR USER ZENJAZZYGEEK / CREATIVE COMMONS

Raise Cash Flow Without Raising Rents Understanding your residents’ needs and meeting them is key to maximizing revenue. BY DAN LIEBERMAN

W

hen times are good and your building is full, don’t you wish you could add an extra unit or two to the property? I know I do. But that’s usually impractical, if not impossible, to do. So, how else can you increase income at your building? There are two main ways: 1) leveraging your underutilized assets to meet resident needs and 2) supplementing the rent with ancillary income. Below are a few thoughts to maximizing your property’s revenue beyond higher base rent levels.

Rental Premiums

Do you charge the same rent for all 2 bedroom units with the same floor plan? What if one of them faced the pool or was on the top floor with a vaulted ceiling?

Do some have fireplaces and others not? All real estate is unique—even the different apartments within the same community. I can’t count the number of apartment properties I’ve seen that standardize the market rent by floor plan rather than maximize the units’ assets.

Now is the time to segment your building by items that can provide a premium (and by those that might require a discount). Typical variables include: floor

level; view; square footage (small one bedroom vs. large one bedroom); exposure; proximity to amenities or recreational facilities; and age of features such as carpeting and appliances.

The first step is to create a rental schedule from the bottom up (starting with the base rent for a particular plan and adding $10 here and $15 there for each variable feature). Do the same concept from the top down (starting with the highest rent you think you could obtain for your premium “top-of-the-line” apartment and then subtract amenities feature by feature). You might get different numbers. Choose the ones that seem most realistic.

Also be alert to perceived value from your clientele.

We have some properties where the bottom floor is the most desirable (there is less turnover) and others where the top floor is the most desirable. Review your property’s history. Do certain units have more turnover?

Others less? Try to find out why. It could easily mean an additional $50 in premium on those apartments.

Go a La Carte (Unbundling)

Years ago, restaurants came across an idea which significantly boosted their bottom line. Rather than ebrha.com

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RENTAL HOUSING 27

“Success with any program comes down to tailoring programs appropriate to your residents and thinking creatively about how to leverage underutilized community spaces, or otherwise tap into an underserved resident need.” including the salad or some of the side dishes with the main course, they started selling them separately. Bear in mind, they didn’t reduce the price of their main dish. They merely created a source of pure profit by segmenting out the side dish. In the same way, you might be offering items such as a parking that you assume must be given as part of the rent. They do not have to be part of the rent unless you decide to make them so.

We have successfully charged extra for parking at every single building where we have tried it.

Most tenants, when apartment shopping, are in the habit of comparing base rent to base rent. It does you no good to increase rental rates and incorporate all your services if prospects are not taking this into consideration in their review of your community. Does your property have garages? Do you have extra closets in the halls that are not being used? Secured storage makes your property more desirable. You can create storage out of practically any usable area. Not only will storage space be increased income to you, your tenants are less likely to move because they have too much junk to haul away.

Laundry

Whether you lease from a service or own the machines outright, this is probably the most traditional source of extra income.

Have you looked at what you charge lately for this service? Are your machines capable of variable pricing—where the cost is higher on weekends rather than during the week? If you have washer dryer hookups in your apartments, you might consider leasing the machines to your residents as an additional upgrade charge, rather than just leaving them there in the apartment.

Late Fees

In California you are limited to charging fees that are a reflection of your actual cost of the breach to you. Fees may not be used as a penalty. In calculating these fees, most owners do not fully take into account their time and staff time related to processing and serving late notices and other notices related to breaches of the lease. You probably already charge a late fee.

But does your lease contain a 3-Day Notice fee? Think about the constant chasing down of those few tenants who pay at the last minute.

Other fee revenue you may charge includes lease termina28 RENTAL HOUSING

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tion fees, application fees and short term lease premiums Again, the principal is that the fees help offset your costs of dealing with the related issue. Most owners underestimate the myriad costs in handling applications (your time on the phone checking references, etc.) and the risk (taking on re-renting risk with lease termination fees) and can use this additional income as a way of offsetting their operating costs. Make sure your lease has a clause relating to how money received is allocated so that the next rent payment first goes to recovering those fees and the balance to rent—or you will have a hard time collecting.

Pet Fees

If you’re going to allow pets in your units, you might as well earn additional income from that. It surprises me still how many buildings do not allow pets—or that have a pet policy that is totally unrelated to the issues certain types or breeds of pet cause (a small barking Chihuahua can be a much bigger issue than a large Golden Retriever). We charge both an additional security deposit for the pet and a monthly pet fee.

Think about what an additional $50 per month in extra pet rent does to the economics of a 20 unit building. That’s potentially an additional $12,000 extra income from pets alone. For an occasional damaged carpet (which can be deducted from the security deposit), I’d take the extra income any day. Pet owners also tend to stay longer, perhaps because they are limited in their options. If you are not allowing pets already, I strongly encourage you to consider this option.

Utility Reimbursement

Another source of revenue is passing through to residents their utility usage. Many companies have jumped on this bandwagon due to the fact that water and sewer bills have risen dramatically over the past decade and remain difficult to control. In addition, we have found that most people who conserve on utilities are the ones who pay the bills. Having your resident receive a monthly bill helps keep their utility usage lower. You’ll find out about leaks much quicker (I promise).

There are basically two ways to reallocate utility cost back to your residents. The first is through submetering. Many apartments, however, cannot be metered due to plumbing constraints.

You will need to investigate whether or not this is viable for your property.

In cases where submetering is uneconomical, many owners have implemented a general allocation program, also known as a Ratio Utility Billing Service (or RUBS). General allocation programs use the property’s water bill and, through a series of calculations (based on occupancy, square footage, and other metrics), determine each resident’s portion of the bill. If you are under rent control, you will need to investigate what you can and cannot charge for when it comes to utility reallocation bill-backs (Oakland Rent Control, for example, does not allow

RUBS. You must have a submeter or separate meter.) Most tenants understand that utilities are a cost center. With the drought in its fourth year, billing back for water use is accepted by many.

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Upgrade Packages

You can offer custom items in your apartments and package them together for increased rent. For example, offer to paint an accent wall as well as upgrade the lighting fixtures and hardware in the apartment for an additional monthly fee.

You can offer several different packages.

Many residents will be willing to pay for the customizing options, and you will usually get your money back in the first year or two. After that, it is pure profit.

We find residents that customize their apartments tend to stay longer. And, for the few that move early, you have an upgraded apartment that you can re-rent at a premium.

Less Common Sources

Other income is only limited by your creativity. Some less common ways of generating income could include investigating whether a cell phone company would want to install a cell tower on your property and pay you monthly rent.

You might convert unused basement space into storage lockers or a rentable wine cellar. You might be able to generate fees by offering preferred access, such as to a cable company, to your residents.

Advertising space can also be sold. The key is not to have residents feel like you are ‘nickel and dime-ing’ them for every amenity, but rather that you are offering extras, at a fee, for those who want to take advantage of them.

Success with your ancillary income program depends on knowing the desires of your residents. Success with any program comes down to tailoring programs appropriate to your residents and thinking creatively about how to leverage underutilized community spaces, or otherwise tap into an underserved resident need. RH Dan Lieberman is the President of Milestone Properties in Oakland. He has upgraded and managed more than 50 apartment communities in the East Bay. He can be reached at (510) 8358080 or dlieberman@milestoneca.com.

EBRHA launched a new and improved website in 2014. As before, you can: Download exclusive rental forms 24/7 Conduct tenant screening Read issues of Rental Housing magazine Connect with local service providers via online vendor directory Even better, you can now: Renew your membership online Pay invoices online Register for workshops and events See EBRHA’s calendar of events Get discounted group insurance Learn how to go green (under “Education” tab) Stay on top of legislative news and ways to get involved Find useful links to additional forms and applications, local organizations, government offices, and housing resources

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COLUMN

government affairs

to them, it is a guiding principle that is evidenced in the bills they co-sponsor and the votes they take.

And the reason this gives me hope is that it actually might be having an effect. Case in point is legislation passed earlier this year to fix the standard by which doctors are paid for Medicare patients. As I have reported previously in this column, this was no small thing as a permanent solution eluded Congress for more than a decade. Many seniors lived in constant fear that at any time they would lose access to their doctors.

Then, this past April, House Speaker John Boehner (R-Ohio) and House Minority Leader Nancy Pelosi (D-Calif.) stood tall against the most conservative and liberal voices within their respective caucuses to Legislative updates from NAA’s Senior Vice pass the “doc fix.” There were plenty of opportunities for either one of the leaders President of Government Affairs. BY GREG BROWN to fold under pressure but they chose instead to follow a compromise strategy. squabbling and seeming inability of our Moderate, pragmatic members of the political representatives in Washington House helped make this possible. to address the growing list of problems Now I always say that any smart facing the country. However, recently a advocacy group does not discriminate dinner conversation with two members among elected leaders and works with of Congress—one Republican and one whoever supports their cause and gets the Democrat—opened a sliver of light into job done. That means knuckle-dragging this seemingly impenetrable void. It was conservatives or screaming liberals. As refreshing and reminded me that all is Bob Sugar says in Jerry McGuire, “it’s not lost. not show friends, it’s show business.” We These two Representatives occupy will always support our allies wherever the middle of their parties’ ideological they may live on the political spectrum. spectrum. Such brave souls are increasHowever, when the challenges—for our ingly squeezed out by the political industry and the nation—are so great, the base of both parties in favor of more outcomes so important and time to act extreme, “exotic” candidates, but these so short, we should also strongly suptwo individuals manage to hold the port those members of Congress who are middle ground. They proudly and publiconstructive players in the process. They cally search for common cause with the have a secret. As a tolerant reader of understand that it takes collaboration other side and promote common sense, this column, I consider you part of and compromise to succeed and that it’s bipartisan solutions to actual importhe circle of trust, so I’ll take the leap tant issues. They leave the “red meat,” worth it to do so. and share. Here goes…I’m beginning to What is also exciting doctrinaire crusades to think there may be hope for our politi“If this column about these two memthe extremists. Both will cal system. echoes your beliefs, bers of Congress is that speak frankly about the As you recover from your shock at I encourage you to they keep getting reweaknesses in the party such statements of folly, you will recall elected! Sure, they have apparatus that enable bad take advantage of the many times in my monthly missive Congress’s summer large blocs of constitubehavior by some and where I have lamented the sorry state of pull no punches when recesses to meet ents on the far right and affairs in the halls of Congress. I’ve used leadership gives in to par- with your memfar left, but those voices up paragraphs crabbing about the new are drowned out by the tisan pressure. Bipartisan- bers of Congress at normal of partisan dysfunction, petty voters who appreciate ship is not a talking point home.”

Hope Looms for Our Political System

I

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Rent Board Matters & Management Expertise a focus on getting things done, a lack of craziness and a willingness to work with those of different opinions. Imagine if other, like-minded voters made themselves heard at the ballot box in other districts and states. Hope springs eternal.

If this column echoes your beliefs, I encourage you to take advantage of Congress’s summer recesses to meet with your members of Congress at home. Tell them apartments matter and why we need elected officials in Washington who want to work together to seek solutions to issues impacting our industry. You can learn more at http://www.naahq. org/learn/advocacy/congressional-recessprogram. RH

Greg Brown is the Senior Vice President of Government Affairs with the National Apartment Association. He can be reached at 703-797-0615 or greg@naahq.org.

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RENTAL HOUSING 31

COLUMN

esq. & a

What is a Habitability Issue?

How should rental property owners handle tenants’ claims of uninhabitability? BY JASON MAUCK

Q

My tenant just informed me they haven’t had hot water for five days, and they are asking me to give them a rent credit. Is this a habitability issue? Am I required to issue a rent credit? What are some habitability issues to be aware of in the future, and when is the owner responsible for issuing a rental credit for habitability issues? And what is an appropriate amount to issue as credit?

A

This question seems to be two parts, so I’ll deal with the specific inquiry regarding hot water and then turn to your more general question regarding rental credits and other habitability violations.

Is the lack of hot water a habitability concern: yes. Civil Code section 1941.1(a)(3) commands that, “A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics…A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water…” So, essentially the plumbing needs to work, otherwise the unit is “untenable”—a synonym for “uninhabitable.” The question then turns to: what is your responsibility in light of the breakdown in the hot water and do you need to issue a rent credit?

Contrary to what many tenants may claim, the unit does not need to be in perfect condition and the landlord does not need to be able to divine when 32 RENTAL HOUSING

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breakdowns in services are going to occur in order to anticipate repairs. The landlord only needs to act reasonably in the maintenance of his or her rental property and needs to act on substantial defects. By law, the landlord is provided a reasonable opportunity to repair a substantial defective condition on the property once he or she receives notice.

The tenant cannot claim that the unit is uninhabitable without first notifying the landlord of the nature and scope of any defective conditions. The question is then, what is a reasonable opportunity to repair the property?

As you may have gleaned from previous legal Q&As, “reasonable” and “substantial” are legal jargon for whatever a jury decides. The lack of hot water is a per se violation of the warranty of habitability, but there are no damages until the landlord fails to take reasonable, timely steps to repair the condition. To judge this, the severity of the condition must be taken into account, e.g. a flooded bathroom is something that is probably substantial and requires immediate attention, whereas worn flooring may not necessarily require immediate action and may not be considered substantial.

Since these questions are very fact heavy, answering whether or not the tenant here is required to receive a rent credit is also fact heavy. Did the complaint from the tenant come in late at night on a Friday? Are the repairs significant and require ordering parts or supplies that are not readily in stock? If so, then five days may be a reasonable amount of time to respond if you, as the landlord, did not know that such a condition was imminent—again, notice

plays a role in determining habitability cases. If the repair was easy, and you were properly notified, and you simply did not call a plumber to fix the condition for a few days, then that could very well be a breach of the warranty of habitability which would entitle the tenant to damages. Damages for breach of the warranty of habitability generally take the form of a rent reduction and emotional distress damages for the time period the condition(s) existed.

On a practical level, it may be wise to provide a rental credit to the tenant in response to the condition—even if you believe you acted reasonably. Providing a small credit can reduce acrimony between the landlord and the tenant and can be used as evidence of conciliation in the future—or as a potential bar to the claim—if the tenant sues based on habitability violations. The amount or duration of the rent credit can be freely negotiated between the parties. It is difficult to judge what an appropriate amount is in this scenario as it depends on your relationship and understanding of the tenant. If the tenant wants the value of five full days as compensation, perhaps you can consider the value of one or two days of rent if you repaired the issue quickly, i.e. if the rent is $3,000 a month, $100 to $200 reflects about 1-2 days rent.

With respect to the last part of your questions, the list of statutory habitability violations is long. Lack of heat and broken or defective windows are two that come up frequently in habitability lawsuits. California Civil Code Section 1941.1 has a breakdown of some other conditions which are breaches of the warranty of habitability, however it is not exhaustive. Most anything that affects the full use and enjoyment of the property can be considered a habitability violation. If you are curious as to whether a condition on your property is a habitability violation, feel free to give my office a call at 510-832-7770. —JASON MAUCK RH

The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Jason Mauck is an attorney with Ericksen Arbuthnot and can be reached at 510-832-7770 x120 or jmauck@ ericksenarbuthnot.com.

THE POLITICAL EFFORTS OF EBRHA COME FROM ITS POLITICAL ACTION COMMITTEE. The EBRHA-PAC is a nonprofit and nonpartisan committee, the purpose of which is to support local ballot measures and candidates that have a positive impact on the rental housing industry.

TO GET INVOLVED OR TO DONATE TO THE EBRHA-PAC, CONTACT: NEWS@EBRHA.COM OR VISIT EBRHA.COM/PACDONATION

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RENTAL HOUSING 33

COLUMN

the green sheet

Oakland’s Compost Giveaway WITH COMPOST COLLECTION

for all Oakland residents, Oakland Recycles and Waste Management of Alameda County are hosting the first Zero Waste compost giveaway event on Saturday, July 18 at the William “Bill” Patterson Park, 9175 Edes Avenue in Oakland from 9 a.m. to 1 p.m.

Oakland residents can take home one bag of WM EarthCareTM Homegrown Compost, made from Oakland residents’ food scraps and yard trimmings, while supplies last. Approved for organic farming, Waste Management’s Homegrown Compost returns nutrients to the soil and retains moisture to help plants thrive. Residents can also take home a free kitchen pail when they take the pledge to compost. By separating food scraps, food-soiled paper and plant debris for composting, residents are reducing the volume of materials in our landfill and contributing to greenhouse gas reduction. It’s an easy way to contribute to a greener, cleaner Oakland. To learn more about this and other Oakland Zero Waste services, visit ebrha.com/zerowaste or OaklandRecycles.com. RH NOW AVAILABLE

information & resources RECYCLING & DISCARDS MANAGEMENT

City of Alameda 510.749.5840 Albany 510.528.5766 Berkeley 1 - 9 UNITS 510.527.5555 10+ UNITS 510.981.7270 www.ci.berkeley.ca.us/pw/swm.html Emeryville 510.613.8710 Oakland 510.238.SAVE (7283) www.oaklandrecycles.com Household Hazardous Waste 800.606.6606 www.household-hazwaste.org REBATE PROGRAMS

EBMUD 866.403.2683 | www.ebmud.com PG&E 800.933.9555 | www.pge.com/res/rebates LOCAL GREEN ORGANIZATIONS

B.A. Green Business Program 510.567.6770 | www.greenbiz.ca.gov Build It Green 510.845.0472 | www.builditgreen.org Recology 415.875.1000 | www.recology.com StopWaste.Org 877.786.7927 | www.stopwaste.org FREE WEATHERIZATION PROGRAMS

Rising Sun Energy 510.665.1501 x17 Spectrum Community Services 510.889.0921 BO - Enterprises 408.354.1900

EBRHA.COM | 510.893.9873

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ebrha.com

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RENTAL HOUSING 35

community calendar EVENTS & CLASSES

july

august

NOTE: WORKSHOPS WILL BE HELD AT OUR NEW OFFICE AT 3664 GRAND AVE., STE. B IN OAKLAND

NOTE: WORKSHOPS WILL BE HELD AT OUR NEW OFFICE AT 3664 GRAND AVE., STE. B IN OAKLAND

FRIDAY, JULY 3 EBRHA Office Closed

THURSDAY, AUGUST 6 Landlord Basics Tori Blanca, CCRM, EBRHA Free to Members and Non-members 6:30 p.m. - 8:00 p.m.

TUESDAY, JULY 7 Landlord Basics Tori Blanca, CCRM, EBRHA Free to Members and Non-members 6:30 p.m. - 7:30 p.m.

NO MEMBER MEETING OR SPECIAL WORKSHOPS IN AUGUST.

TUESDAY, JULY 14 Overview of Services Offered by the Alameda County Healthy Homes Department Dale Hagen, Healthy Homes Department Members: Free; Non-Members: $69 2:00 p.m. – 3:30 p.m.

WEDNESDAY, JULY 15 Strategies for Successful Resident Participation in Compost Collection (Presented by Oakland Recycles) Free to Members and Non-Members Register at ebrha.com/zerowaste or call 510-893-9873 10:00 a.m. - 11:30 p.m.

THURSDAY, JULY 16 Landlord 101 Tori Blanca, CCRM, EBRHA Members: Free; Non-members: $69 6:30 p.m. - 7:30 p.m.

SATURDAY, JULY 18 EBRHA Membership Meeting (Members only) Topics: • Legal Q&A—Fred Feller, Buresh, Kaplan, Feller & Chang Attorneys at Law

• Supportive Services for Veteran Families— Norman Thomas, Swords to Plowshares

• Services Available for Rental Property Owners— Candy Calhoun and Trent Anderson, First Place for Youth 10:00 a.m. - Noon TUESDAY, JULY 21 & WEDNESDAY, JULY 22 Asbestos—Class III Competency Level Certification Richard Mac Farlane, Benchmark Environmental Engineering For workshop description, see ad on page 24.

Members: $329; Non-Members $389 Seating is limited. Registration deadline is Tuesday, July 14.

8:00 a.m. – 5:00 p.m.

TUESDAY, JULY 28 Landlord 102 Tori Blanca, CCRM, EBRHA Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m.

WEDNESDAY, JULY 29 Strategies for Successful Resident Participation in Compost Collection (Presented by Oakland Recycles) Free to Members and Non-Members Register at ebrha.com/zerowaste or call 510-893-9873 10:00 a.m. - 11:30 p.m.

No Refunds on no shows; Seats fill fast, register in advance! To register and pay, visit ebrha.com/calendar or call (510) 893-9873. Unless noted, all classes and events are held at the EBRHA Education Center, 3664 Grand Ave., Suite B in Oakland.

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Oakland RENT ADJUSTMENT PROGRAM FEE

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

BUSINESS TAXES & REGISTRATION

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

LANDLORD PETITION FOR EXEMPTIONS

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

ANNUAL ALLOWABLE RENT INCREASE

2015-16 (1.7%) A CPI increase of 1.7% becomes effective on July 1, 2015. Tenants may only receive one increase in any 12-month period, and the rent increase cannot take effect earlier than the tenant’s anniversary date. In addition, California law requires that for tenancies receiving greater than a 10% increase, a 60-day notice is required; if the increase is 10% or less, a 30-day notice is required. Owners can only impose “banked” rent increases equal to three times the current annual allowable rent increase rate. See schedule at right.

PERI OD

AM O U N T ( % )

JULY 1 ‘15 - JUNE 30 ‘16 . . . . . . . . . 1.7 JULY 1 ‘14 - JUNE 30 ‘15 . . . . . . . . . 1.9 JULY 1 ‘13 - JUNE 30 ‘14 . . . . . . . . . 2.1 JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0 JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0 JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7 JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7 JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2 JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3 MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3 MAY 1 ‘05 - MAY 30 ‘06 . . . . . . . . . . 1.9 JUNE 1 ‘04 - MAY 30 ‘05. . . . . . . . . . 0.7 Visit www.ebrha.com/members to see previous adjustments.

CAPITAL IMPROVEMENTS INCREASE FORMULA

FOR FURTHER INFORMATION CONTACT:

Oakland Rent Board 250 Frank H. Ogawa Plaza, Ste. 5313 Oakland, CA, 94612 510.238.3721 | www.oaklandnet.com

(70 % of Improvement Costs ÷ Number of Units) 60 months or 5 years REFER TO ORDINANCE FOR NOTICING, QUALIFICATIONS AND AMORTIZATION PERIODS.

Berkeley RENT STABILIZATION BOARD FEES

Annual fees are $213 per unit and are due July 1. Owners are allowed to pass through $4 to tenants.

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

DEC. 2014. . . . . . . . . . . . . . . . . . . . . N/A DEC. 2013. . . . . . . . . . . . . . . . . . . 0.3% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.5% DEC. 2011. . . . . 0.4% (CORRECTED 11/3/2011) DEC. 2010. . . . . . . . . . . . . . . . . . . 0.4% DEC. 2009. . . . . . . . . . . . . . . . . . . 1.1% DEC. 2008. . . . . . . . . . . . . . . . . . . 3.4% DEC. 2007. . . . . . . . . . . . . . . . . . . 5.3% DEC. 2006. . . . . . . . . . . . . . . . . . . 5.1% DEC. 2005. . . . . . . . . . . . . . . . . . . 3.4%

ANNUAL ALLOWABLE RENT INCREASE

2015 (2.0%) PERI OD AM O U N T

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

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

2015. . . . . . . . . . . . . . . . . . . . . . . . 2.0% 2014. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6% 2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7% 2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2% 2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6% 2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9% 2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3 (1% + $3 IF TENANCY CREATED AFTER JAN. 1999)

2003. . . . . . . . . . . . . . . . . . . . . . . . . 0% *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.

BERKELEY RATES

FOR FURTHER INFORMATION CONTACT:

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

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

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RENTAL HOUSING 37

vendor directory — CONTACTS, PRODUCTS & SERVICES ABATEMENT SERVICES

Environmental Remedies, Inc. Jaime Tamayo 925-519-6354 www.environmentalremedies.com P.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.com Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net ACCOUNTING & TAX

Collins, Mason & Company LLP Teresa Mason 510-891-9000 www.cmcaccountants.com The Lee Accountancy Group, Inc. Jong H. Lee, CPA 510-836-7400 jhlee@theleeaccountancy.com APPLIANCE SALES & PARTS

Appliance Parts Distributor Mike De Fazio 510-357-8200 www.apdappliance.com Appliance Warehouse of America David Jepsen 510-921-1071 www.appliancewhse.com APPRAISERS

Access Appraisal: Apartment Specialists Joe Spallone 510-601-1466 www.accessappraisal.com Mark Watts Commercial Appraiser Mark A. Watts 415-990-0025 www.markwattscommercialappraisal.com ARCHITECTURE

ATTORNEYS - LAND USE/CONDO CONVERSION

Law Offices of Daniel Riley Daniel Riley 415-823-6129 driley_813@msn.com Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com ATTORNEYS - REAL ESTATE/CORP.

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

BOMA Oakland/East Bay Stephen Shepard 510-893-8780 www.bomaoeb.org Oakland Association of Realtors Sally Dunker 510-836-3000 www.oar.org Oakland Chamber of Commerce Barbara Leslie 510-874-4808 www.oaklandchamber.com ATTORNEYS - EVICTIONS/PROPERTY OWNER DEFENSE

Bornstein & Bornstein Daniel Bornstein 510-836-0110, x1007 www.bornsteinandbornstein.com Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com 38 RENTAL HOUSING

Law Offices of Brent Kernan Brent Kernan 510-712-2900 bkernan@aol.com Law Offices of Daniel Riley Daniel Riley 415-823-6129 driley_813@msn.com Law Offices of Elaine Lee Elaine Lee 510-848-9528 www.elaineleeattorney.com Law Offices of Leon H. Rountree III Leon H. Rountree III 510-343-6299 www.leonrountree.com Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Ed Nagy and Alan J. Horwitz 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com

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Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Burnham & Brown Jack Schwartz 510-444-6800 www.burnhambrown.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com AUTOMOTIVE

Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com BANKING/LENDING

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

Chase Commercial Ted Levenson 415-945-5430 ted.levenson@chase.com Chase Commercial Neil O’Callaghan 415-315-8901 neil.ocallaghan@chase.com Cooperative Center Federal Credit Union Chris Perez 510-647-2127 cperez@coopfcu.org First Federal Savings & Loan Assoc.

Anthony Moreno 415-460-2657 www.ffsavings.com First Republic Bank Jeff Fung 510-336-3907 www.firstrepublic.com Intervest Mortgage Marc Lipsett 510-622-8515 www.intervest-mortgage.com Luther Burbank Savings Larry Miller 925-627-2790 www.lutherburbanksavings.com NorthMarq Capital Brian Esquivel 415-433-4145 www.northmarq.com Opus Bank William Craun 925-648-5915 www.opusbank.com SF Fire Credit Union Herman White, Jr. 415-674-4808 www.sffirecu.org Torrey Pines Bank Dale Marie Golden 510-899-7536 dgolden@torreypinesbank.com BATHROOM & KITCHEN REMODELING

American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com CABINETS & COUNTERTOPS

Elegant Stone & Cabinets Linh Duong 925-954-8845 www.elegantstoneandcabinets.com CARPET CLEANING

Cleaner Carpets Ron Russell 510-522-1344 cleanercarpet@juno.com CODE COMPLIANCE/CONDO CONV.

Armstrong Development Barbara Armstrong 510-337-1998 barbaraarmstrong@comcast.net COLLECTION AGENCIES

vendor directory Credit Bureau Associates Kathy Parsons 800-564-6440 www.cbacredit.com CONSTRUCTION

A-One Construction Dirksen Rogers 408-690-0890 www.a-oneconstruction.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Bayside Building Services & Pest Elimination Helmut Tutass 510-717-3506 pestcontrol1@writeme.com D.W. Hamilton Construction, Inc. D.W. Hamilton 510-919-0046 www.dwhamiltonconstruction.com Going Green Dan Antonioli 510-652-7593 www.going-green.co KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Schafer Construction, Inc. Mike Barker 510-568-7200 www.schaferconstructioninc.com Smart Building, Inc. Sheryl Dron 510-444-7678 www.getsmartbuilding.com SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com W. Charles Perry & Associates W. Charles Perry 650-638-9546 www.wcharlesperry.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com CONTRACTORS/ RESTORATION

ARC Water Damage Nina Lauffer 510-835-3073 www.arc-ca.com Servpro of Lafayette/Moraga/Orinda Jenny Villena 925-299-1323 servpro9542@sbcglobal.net Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net DOORS & GATES

R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com

Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com ELECTRICIANS

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

Paramount Elevator Corp.

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

David White & Associates Miguel Delgado 925-277-2635 www.dwassociates.com FIRE ESCAPE SERVICE

Great Escape Susan Giaquinto 415-566-1479 www.greatescapeinc.com FIRE PROTECTION

Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com FLOOR COVERINGS

Bay Area Contract Carpets, Inc. Kerry Plain or Ken Scott 510-613-0300 www.bayareacontractcarpets.com Dick’s Carpet One Dan Biles 510-633-9533 www.dickscarpetoneoakland.com GOVERNMENT AGENCIES

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

Going Green Dan Antonioli 510-652-7593 www.going-green.co Smart Building, Inc. Sheryl Dron 510-444-7678 www.getsmartbuilding.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com

GUTTER CLEANING

Mr. Sparkle Dylan Kelly 510-504-7048 www.mrsparkle.biz HANDYMAN SERVICES

APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Bayside Building Services & Pest Elimination Helmut Tutass 510-717-3506 pestcontrol1@writeme.com Halcyon Properties Roger Shane 510-847-7075 rbshane@aol.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey 510-727-9128 cpmbailey@sbcglobal.net HAULING SERVICES

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

Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Black Diamond Mechanical Robert Lopez 510-522-4196 robertlopez@blackdiamondmechanical.com Hassler Heating & Air Conditioning Mike Hassler 510-848-3030 www.hasslerheating.com HUMAN RESOURCES MANAGEMENT

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

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

Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com INSURANCE

Bulloch Insurance Brokers, Inc. Curt Bulloch 925-640-0485 www.curtbulloch.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com ebrha.com

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vendor directory CSE Insurance Group David Earwood 925-817-6497 www.cseinsurance.com Capital Insurance Group John Reynoso 1-800-682-9255, x7519 jreynoso@ciginsurance.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com David E. Quan Agency Insurance Brokerage Xavier Quan 510-653-8880 www.dquanagy.com The Greenspan Co./Adjusters Int’l.

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

R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com INVESTMENT OPPORTUNITIES

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

LOCKSMITH EVICTION SERVICES

Golden Gate Locksmith Co Ralph Scott 510-654-2677 kgglocksmith@yahoo.com Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com MARKET RESEARCH

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

Dunn-Edwards Paints Jim Perry 925-822-7535 www.dunnedwards.com PEST & VECTOR CONTROL

Alameda Co. Vector Control Services Daniel Wilson 510-567-6826 daniel.wilson@acgov.org Terminix Robert Sater 510-489-8689 www.terminix.com Times Up Termite Mike Barker 510-568-7200 www.timesuptermite.com PLUMBING/WATER HEATERS

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Frank Bonetti Plumbing Dan Bonetti 510-582-0934 www.bonettiplumbing.com Pacific Drain & Rooter Service Nasir Jalil 510-452-4606 nasirjalil80@gmail.com Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com PROPERTY MAINTENANCE SOFTWARE

LEAD, MOLD & PEST MANAGEMENT

Alameda County Healthy Homes Dept.

Julie Twichell 510-567-8252 www.aclppp.org LISTING SERVICE

| JULY 2015 |

LITIGATION SUPPORT SERVICES

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

PROPERTY MAINTENANCE

Coinmach Claudette Lucey 510-909-9786 www.coinmach.com Excalibur Laundries Carlos Barraza 510-872-1554 www.excaliburlaundries.com Innovative Coin Cheri Guffey 510-259-1494 www.innovativelaundry.com

40 RENTAL HOUSING

Trulia Pierre Calzadilla 415-400-7260 www.trulia.com/rent

ebrha.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

Wilmar Nick Mraz 800-345-3000 www.wilmar.com PROPERTY MANAGEMENT

Advent Properties, Inc. Benjamin Scott 510-289-1184 www.adventpropertiesinc.com Bay Property Group Daniel Bornstein 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner 510-428-1864 www.beaconprop.com Caldecott Property Management Services Ronald Reece 510-594-2400, x226 www.caldecott.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com Crane Management Kit Crane 510-918-2306 www.cranemanagment.net The Enterprise Company William McLetchie 510-444-0876 ERI Property Management Sasha Bermudez 510-883-7017 www.erirentals.com Lapham Company Jon M. Shahoian 510-594-7600 www.laphamcompany.com Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com MSB Property Management Nik Bhachu 510-649-3380 www.msbmanagement.com Oaktown Urban Properties Michael Moynihan 415-572-0334 www.oaktown-up.com OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com Shaw Properties Liz Hart 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com Wellington Property Company Jillian Loh 510-338-0588 www.wellingtonpropertyco.com

vendor directory Woodminster Property Management Nicholas Drobocky 510-336-0202 www.woodminstermanagement.com REAL ESTATE BROKERS & AGENTS

Advent Properties, Inc. Benjamin Scott 510-289-1184 www.adventpropertiesinc.com ARA Pacific Mike Colhoun 415-273-2177 www.arausa.com Caldecott Properties Andy Read 510-594-2400 www.caldecott.com CBRE Keith Manson 510-874-1919 www.cbre.com Coldwell Banker – Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com Home & Investment Realty George Vassiliades 510-710-6826 www.propertiesbygeorge.com Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap Eli Davidson 510-379-1280 eli.davidson@marcusmillichap.com Marcus & Millichap David Wolfe 510-379-1200 www.marcusmillichap.com NAI Northern California Grant Chappell 510-972-4941 www.naikilpatrick.com Paragon Commercial Brokerage Ben Weil or Zack Ward 415-874-5018 theBWteam@paragon-re.com Property Counselors Link Corkery, Inc. Link Corkery 510-886-1212 www.pclclink.com Red Oak Realty Kevin Hamilton 510-250-8780 kevin@redoakrealty.com Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com

RECYCLING/REUSE

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

Alan K. Beales 510-339-9776 Bay Property Group Cristian Villarreal 510-474-7404 cristian@baypropertygroup.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com Liz Hart 510-813-5440 liz.hart1801@gmail.com St. John and Associates (Berkeley only) Michael St. John 707-937-3711 msjetal@pacbell.net RENTAL SERVICES

Cal Rentals Elaine Perkins 510-642-3644 www.calrentals.housing.berkeley.edu Hamilton Properties Bay Area Delesha Hamilton 404-606-2141 www.hamiltonpropertiesbayarea.com ROOFERS

A-One Construction Dirksen Rogers 408-690-0890 www.a-oneconstruction.com Fidelity Roof Company Doug Kellor 510-547-6330 www.fidelityroof.com Frank Fiala Roofing Frank Fiala 510-582-6929 www.ffialaroofing.com General Roofing Company Michael Wakerling 510-536-3356 www.generalroof.com SECURITY/SURVEILLANCE

Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com SEISMIC CONSTRUCTION

Adobe Soil & Structures Mark Almeida 510-919-1880 www.adobesoils.com B.A.S.S. Seismic Retrofit D.W. Hamilton 510-919-0046 www.bassseismicretrofit.com

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

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

Sun Light & Power Martin Morehouse 510-809-3686 martin@sunlightandpower.com TENANT SCREENING SERVICE

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

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

Bartlett Tree Experts Tony DeMola 925-934-6306 www.bartlett.com Coastal Tree Service Hans Waller 510-693-4631 www.coastaltreeservice.com TUB, TILE & COUNTERTOP REFINISHING

Discovery Coatings Gargie Balarbar 415-971-8207 www.discoverycoatings.com WASTE & COMPOST COLLECTION

Waste Management Company David Tucker 510-430-8509 www.wastemanagement.com WINDOW WASHING

Mr. Sparkle Dylan Kelly 510-504-7048 www.mrsparkle.biz WINDOWS

Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com ebrha.com

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RENTAL HOUSING 41

ad index

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CARPETING & FLOORING

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Bay Area Contract Carpets, Inc.. . . . . . . . . 23

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CONSTRUCTION

SEMINARS & WORKSHOPS

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TENANT SCREENING SERVICE

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Adobe Soil & Structures. . . . . . . . . . . . . . . . 23 Earthquake and Structures, Inc.. . . . . . . . . 25 West Coast Premier Construction. . . . . . . 35

NAME

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Jain Williams—State Farm. . . . . . . . . . . . . . 35

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NEW MEMBER PROCESSING FEE

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Bay Property Group . . . . . . . . . . . . . . . . . . . 33

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Beacon Properties. . . . . . . . . . . . . . . . . . . . . 35 REAL ESTATE BROKERS AMERICAN EXPRESS

Paragon Commercial Coverage . . . . . . . . . . 7 RECYCLING

CARD NUMBER

EXPIRATION DATE

Oakland Recycles . . . . . . . . . . . . . . . . . . . . . . 3 RENT BOARD CONSULTANTS

Liz Hart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

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Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 31

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DETACH THIS FORM AND FAX OR MAIL TO THE ADDRESS BELOW

General Roofing Co. . . . . . . . . . . . . . . . . . . . 33 WATERPROOFING

East Bay Rental Housing Association

Applied Waterproofing Systems . . . . . . . . 35

3664 Grand Ave., Suite B

WINDOWS, DOORS & SIDING

Oakland, CA 94610 TEL

510.893.9873 | FAX 510.893.2906

ebrha.com

42 RENTAL HOUSING

| JULY 2015 |

ebrha.com

SGK Solutions.. . . . . . . . . . . . . . . . . . . . . . . . 44 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.

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