ADVOCATE

AB 854

Thanks to the efforts of EBRHA members and other housing community partners across California, we successfully STOPPED AB 854 (Lee) from moving forward. This early victory in the 2022 legislative session is a welcome departure from the constant attacks on the rental housing industry, thanks largely to your efforts to inform our elected state officials about our strong opposition to AB 854.

This will not be the last time legislatures challenge our industry. Thank you for your engagement. We appreciate the phone calls and emails to the California Assembly to fight a bill that would have forced rental property owners to stay in business for at least five years, regardless of their economic circumstance.

EVICTION MORATORIUM – LEGAL UPDATES

Since California’s eviction moratorium ended September 30, 2021, be prepared to come together to resolve the remaining issues and legalities that have arisen. We encourage all members to work through EBRHA to manage and resolve any legal questions or resolutions vs. outsiders.

EBRHA actively and financially supports the lawsuit filed by our state association, CalRHA, in opposition to California’s eviction moratorium. CalRHA is pursuing the current lawsuit to resolve the damages caused by the state’s evictio n moratorium. We are currently assembling member/nonmember stories and potential plaintiffs to support the case.

However, be informed that another local lawsuit to lift the local health emergency order and eviction moratorium in Alameda County and Oakland has been filed on March 1, 2022. John Protopappas of Madison Park is leading this effort and working with the law firm of Zacks, Freedman, and Patterson (ZFP). Both are long-time EBRHA members. Given the Bay Area’s fiscal recovery and strong economy, EBRHA supports its efforts to end the local health emergency order and eviction moratorium in response to the 2020 pandemic.

Earlier in January 2022, Protopappas and ZFP delivered a demand letter, seeking an injunction of the health emergency order, to the Alameda Board of Supervisors and Oakland City Council. Alameda County must take action by April 1, 2022, to either lift or extend the current health emergency order and eviction moratorium. EBRHA’s board members and CEO have had discussions with John Protopappas and Andrew Zacks to review the possible arguments and legal standing to eliminate the moratorium and possibly pursue damages.

NOTE: If you have been contacted or solicited by any of the parties mentioned above, we strongly recommend that you work directly with EBRHA so we can properly coordinate member support and consolidate financial resources.

In early February, EBRHA and Berkeley Property Owners Association (BPOA) scheduled a joint association meeting to discuss the legal approach, grounds, arguments, and resources required to win the case on behalf of property owners. On March 7, 2022, EBRHA organized a member meeting to discuss the case and answer questions. Please stay tuned for information sessions on further developments to get crucial updates and understand the action items related to the lawsuit.

Thank you to all EBRHA members who have provided stories regarding their struggles and challenges related to the local eviction moratorium. Please consider contributing to the EBRHA Legal Fund in support of this lawsuit at ebrha.com/join-us/donation.aspx. Thank you for helping us raise funds and build resources to support the litigation.

OPINION: IN A FRAGILE HOUSING MARKET, PAYING RENT IS IMPORTANT

By Michelle Starratt, Derek Barnes and Roberto Robledo If you withhold rent – and can afford to pay – you can hurt small property providers and undermine Alameda County’s housing market In the wake of the economic fallout of COVID-19, the federal government has provided unprecedented help to low-income residents through the Emergency Rental Assistance Program (ERAP). For residents earning less than $98,000 for a family of three, renters or property owners can apply for assistance through Alameda County for unpaid rent due to personal economic fallout. In a fragile housing market, paying rent continues to be important.

Throughout this economic and health crisis, Alameda County has prioritized equity and worked to protect the residents most vulnerable to eviction and displacement. Each application is evaluated and prioritized based on those most at risk of homelessness, including prioritizing small property owners.

We understand there is a great need in our community. Both renters and rental housing providers, especially small rental housing providers, are hurting. ERAP has approved more than $59 million in rental assistance directly to rental housing providers in Alameda County, including more than $21 million in October and November. We are now asking the federal government for more money as we currently have more requests than funding.

For those residents who have not been impacted by COVID-19, have not lost income, and have not paid rent, the message is clear: your rent is due. The eviction moratorium does not cancel your rent, and your rental housing providers can collect in small claims court. The economic impact of lost rent in our county is significant, and the impact on small rental housing providers is catastrophic.

A vibrant local rental property market is essential to our region’s economic and social justice success. To remain vibrant, renters who can pay rent need to continue to pay rent, or we risk units being removed from the market or lost to foreclosure. At the same time, rental housing providers need to assist renters applying for ERAP funds to move applications quickly to fruition and payment.

Low-income renters who cannot pay their rent, in partnership with their rental housing provider, can still apply for Emergency Rental Assistance. Information is available at ac-housingsecure.org or by calling 211. If you don’t have Internet access, call 211 for help to start an application.

Alameda County’s Housing and Community Development Department has taken unprecedented steps to engage, educate and inform renters and rental housing providers throughout the county. A working collaboration between property owners, government and renters is essential to help stem the tide of homelessness and displacement.

Michelle Starratt is the Alameda County Housing Director. Derek Barnes is the executive director at East Bay Rental Housing Association. Robert Robledo is the executive director at Rental Housing Association of Southern Alameda County, a nonprofit trade association with over 650 members who own/ manage residential real estate, whose members collectively represent over 39,000 units in Southern Alameda County.

TENANT OPPORTUNITY TO PURCHASE ACT IN BERKELEY

On January 27, 2022, an updated version of the Tenant Opportunity to Purchase Act (TOPA) was discussed at a work session of the Berkeley City Council. The session was open to public comment and about 55% of the callers were against the implementation of TOPA in the city. Based on the feedback received at the meeting, the Berkeley City Council is expected to craft new legislation in the next month or so. EBRHA will post updates as we receive more information.