February 2020 Issue

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | FEBRUARY 2020

rental owners and Their Attorneys Suffer Cruel and Unusual Punishment PLUS: RENTAL PROPERTY SAFETY AND CODE COMPLIANCE WALK PREDICTION FOR 2030: GOVERNMENT CAN HELP HOUSING BY DOING LESS

Contents

East Bay Rental Housing Association

FEBRUARY 2020

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Rental Owners and Their Attorneys Suffer Cruel and Unusual Punishment

Since the Depth of the Recession: Part 2

BY GRANT CHAPELL

BY JENIFER ANISMAN, ESQ.

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Features & Columns

BY THOMAS BARBEIRO

20 U PCOMING EVENTS

21 FEATURE 36 COMMUNITY CALENDAR RUBS Regulations: What You Need to Know 38 V ENDOR DIRECTORY

BY EMILY LANDIS 42 A D INDEX

28 FEATURE Federal & State Government Agree

BY RON KINGSTON 26 COMMUNITY OUTREACH Community Advisor Report and Photos

BY GEORGIA W. RICHARDSON

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• Convenience Cooking Controls 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), 3664 Grand Ave., Suite B, 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 © 2020 by EBRHA. All rights reserved.

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contributors

SINCE THE DEPTH OF THE RECESSION: PART 2

BY GRANT CHAPELL

THOMAS BARBEIRO Thomas Barbeiro is Operations and Safety Manager for ALP Construction and Painting in Concord. A graduate of the Boise State University College of Engineering and the Santa Clara University Leavey School of Business, he began wearing a tool belt at age 12 flipping houses with his father long before “flipping” was a ‘thing’. He is also a big supporter of the Vallejo Admirals minor league baseball team.

BECKY BOWER Becky Bower is a marketer and writer that specializes in legislative trends. As Contemporary Information Corporation (CIC)’s Content Specialist, she authors in-depth guides on how to manage, grow, and scale within the rental housing industry on the CIC Blog.

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nomic Opportunity Zones are drawing more capital into various pockets of

ment at 2.1% in SF and 3.1% in the East Bay and positive growth across

Bay Area, the fundamentals are sound. As we will dive in below, rent growth remains positive in Oakland and SF, with SF still the most expensive met-

ropolitan market in the market in the country. Regardless, the passive of Statewide Rent Control that is reported as the strictest in the nation, what will that do to the marketplace?

increases kicks in for any rent increases applied after March 15th, 2019 that

are in excess of the new allowable increase. At event with Chase Bank a few weeks back, the reps for the bank were already indicating senior credit

officers were taking a finer comb (scaling back loan dollars) to deals in non-

rent-controlled markets on any larger rent increases taken after March 15th.

The conversation seems to come up on a daily basis with clients as they wonder if it will impact the sales market as is evident in NY. According

to two Bisnow articles in October, not only are sales down 60% in the

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3rd quarter of multi-family assets but investors are fleeing the city look-

ing to Philadelphia and other markets as the regulations make investment unrealistic. Furthermore, they reported two property owners fell behind on

payment for two loans totaling more than $200 million Loan Core Capital back by buildings totaling more than 600 Units.

While volume in 5+ units’ sales for rent controlled properties in Oakland was the lowest we’ve seen in years, when factoring for two institutional

sales(typically newer construction and in excess of $20 million sales price),

the numbers are on track, if not higher, than most quarters. The new CA places new construction under rent control after 15 years, rather than the

permanent exemption enjoyed under Costa Hawkins. Berkeley’s quarterly

GEORGIA W. RICHARDSON Georgia is the Community Relations Advisor for East Bay Rental Housing Association.

She is responsible for bridging EBRHA’s communication and relationships with individuals and organizations in the community, city government and other real estate related organizations. She is also a real estate Broker with over 35 years experience and served as the 2003 President of the Oakland Association of Realtors. She has a vast sphere of influence in the community and is dedicated to using her experience and networking skills to educate and promote EBRHA’s benefits to rental housing providers and other real estate related organizations.

a month in which payroll figures in the City did not grow. With unemploy-

The immediate impact will be felt on January 1st when the retroactive rent

Grant Chappell is the Vice President of NAI Northern California. Since 2005, Grant has focused on East Bay apartment opportunities for his clients. Grant also serves on the Board of CEI, the Center for Elders’ Independence, a local nonprofit providing PACE Care to seniors in Alameda County. In his free time, Grant enjoys skiing, golf, biking and traveling.

Ron Kingston is the EBRHA state lobbyist and president of the California Political Consulting Group. He has 30 years of lobbying experience and is one of the original writers of the state’s Costa-Hawkins Act. He grew up in South Lake Tahoe and lives in Carmichael with his wife Sherrie, a financial planner. In his spare time, he cycles, skis and takes international scuba diving trips.

Construction costs remain stubbornly high, causing many developers to

ingly can thank the Tech Industry. Since 2009, San Francisco has rarely seen

GRANT CHAPELL

RON KINGSTON

Since the depth of the recession, recovery in our local economy overwhelm-

volume was the highest on record, largely due to institutional sales, although 5+ units’ sales were higher for the first time over Oakland. 2020 is an elec-

tion year and tends to prove more challenging for sellers / property owners

given political uncertainty under a new administration. Regardless, we do not see significant evidence that the new rent control law for CA has significantly impacted values nor sales.

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Competition from new rentals will remain fierce as thousands of units come online through 2020. Several property owners have hinted at an influx of

vacancies over the past few months as new buildings not only offer move in incentives, but other amenities such as onsite gyms, roof decks, pet areas

and secure space for package deliveries. A simple search on Craigslist and other sites show “8 weeks free” or “Contact for move in specials” in efforts to lease.

delay breaking ground on new projects with certain construction types. Ecothe Bay Area given the preferential tax treatment on Capital Gains for holding projects as long as 10 years. Modular Construction is also playing a big-

ger role in new construction as costs are lower than typical construction, but this barely makes a dent as our state is well behind on housing needs.

According to Zumper, San Francisco’s rental market dipped slightly last month with one-bedroom rents down 0.6% to $3,530 and two-bedroom

rents down 1.7% to $4,670 and 2.5% and 1.10% annually. In Oakland, 1-bedroom rents are down 0.80% month/month, yet 11.10% annually. Two-

bedroom rents are flat month/month, yet up 10.30% annually. Even though the rental market is slow in fall and winter, these figures are certainly encouraging.

Office rents in both SF and Oakland remain high with SF setting a new re-

cord at $90/ft for Class A office space and a vacancy rate of 3.8%, reflecting a nearly 10% increase compared to Q3 2018. As I alluded to in past articles,

Oakland is the biggest benefactor when companies look at class A commer-

cial rents in the $64/ft range, and median 1-bedroom rents $1,000/month lower than San Francisco. In Oakland and the greater East Bay, both tenants and companies can affordably coexist.

The Business Times reported that BART elected to purchase a building, 2150 Webster, rather than renew their lease at 300 Lakeside. The University of CA also vacated 300 Lakeside for 1100 Broadway, a newer building that

is closer to BART. These two moves alone open up another 600,000 Sq Ft of office space for lease, likely drawing one or several large tenants as available space is so scarce.

As we discussed in the opening paragraph, East Bay job growth remains

positive at 1.9% annual growth and an unemployment rent at 3.1%. While growth in the construction industry was the largest gain at 6% annual

growth, other sectors will likely take over as more office rentals are available and under construction / development phase in Oakland.

2 – 4 Units

Oakland posted another record, shattering average sales price with 108

transactions averaging $964,000, more than 100K higher than Q3 2018 and $60,000 higher than Q2 2019. Going back to 2016, Q2 and Q3 were the

most active in terms of total sales volume, even though the average sales price continues upward trajectory with minor dips. Even with changes to owner-occupied rent control exemption and proposed changes to condoconversion ordinance, the market remains robust.

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Berkeley also posted a new record with 25 sales at an average of

$1,440,000, beating the previous record set in Q2 2018 $1,410,000 and

130K higher than Q2 2019. Similar to Oakland, demand remains high as single family home prices in the East Bay remain buoyant. Alameda

witnessed the highest number of quarterly sales since Q4 2017, though the average price of 1.156 Million is in line with Q3 2017 – Q3 2018.

Despite Alameda’s recent change to allowable annual rent increases, it is viewed favorably amongst investors as a quiet, safer community.

5+ Units

With 34 Million in volume of rent control properties at an average 2.485 Million, Oakland posted the lowest sales figures since Q1 2018.

When including institutional sales, volume exceeded 105 Million for

an average price of 6.603 Million. At 221K/unit and $319/ft, it marked the lowest figures since Q4 2018. While the steeper drop in volume

feels more dramatic, it likely reflects reluctancy to jump in the market with much new supply ready to make way to market.

Berkeley’s sales volume for 5+ unit properties exceeded Oakland’s for the first time on both mid-sized rent control product and institu-

tion sales. With 42 Million in sales volume at an average of $487/ft

and 368K/unit, it beat out Oakland in every category. When including institutional sales, total volume hit $385/million, likely a record for any

of the three cities covered in the article. I attribute this phenomenon to Prop 10 and high interest rates in 2018. With both in the rear view, well capitalized investors see value when many buyers have shied away.

Alameda posted an average quarter with 4.77 million in volume at 1.6

Million average sales prices. These figures were an improvement from

the one sale for 1.91 million in Q3 2019 and a dip from the 18 Million in the prior quarter. Since passing rent control, Alameda’s sales projections remains elusive.

In summary, the sales numbers paint a mixed, yet rosy picture. With Oakland showing another dip in large sales volume, it could show

some investors are taking their foot off the gas pedal or that prices were

pushed too and want to see how all of the new supply of rentals affects

the market. Berkeley, on the other hand, got its groove back and seems to attract more investor attention as Cap Rates are still higher than Oak-

land. The state and local political climate will likely never help property owners, but the cost and time to develop new construction is prohibitive. This makes owning older, well-located buildings attractive.

With low interest rates and a strong, positive job market, multi-unit

residential properties remain a sought-after asset class. As 2020 is an election year, the momentum and volume we see now could reflect a fear of change in 2021 under a new administration. Regardless, the Bay Area economy is an anomaly and will be less impacted by Federal legislation.

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Landlord...

ESI

What’s in a name?

By Alan Simpson

Does your title define who you are, or do you bring your own meaning to the word? Are you comfortable when introducing yourself with the title you hold in the Rental Housing Industry? ‘Landlord’ is an archaic term, and comes with a toxic connotation for some.

Some owners play down their authority with simple titles such as ‘Manager’ or ‘Apartment Manager’.

Some may not consider titles to be useful at all. In the quest for a good modern alternative title, Public Relations professionals have coined the catchy but sterile phrase ‘Rental Housing Provider’.

Most leases, however, continue to employ specific terms such as ‘Owner/Agent’ or ‘Landlord’, the latter being somewhat more descriptive, as it signifies the singular authority to perform all manner of responsibilities regarding the active management of the rental property.

Public Relations professionals have also addressed the terminology used to identify our clients, retiring the uncomplimentary term ‘Tenants’ in favor of ‘Residents’. This particular change in terms is well accepted, and has come to represent the signatory on the other side of the table, while children, caretakers, and other non-signers are often identified as ‘Authorized Occupants’.

Today, despite its being gender specific in addition to being saddled with a historically negative image, the term Landlord remains the most useful in denoting authority within the housing industry, and is further defined by those who carry the title. As a second generation Landlord, I know the importance of setting the tone of the relationship while meeting with new Applicants. I am a Landlord and proud of it, and respectfully, my clients are Residents.

I recognize that a majority of people have well formed opinions about the nature of Landlords in general, and I’m happy to redefine the term for them, explaining my duties if asked to do so. I, as a Landlord, have invested my money, my time, and my labor in providing warm and secure shelters for my clients. I remain

in service, on call, dutifully maintaining my rentals to ensure comfortable, desirable homes for my Residents and their families. I respect and appreciate my Residents as equals who have adopted a lifestyle of renting rather than owning their homes.

EARTHQUAKE AND STRUCTURES, INC. Est. 1984 Structural + Civil Engineering Construction Management 6355 Telegraph Avenue, Suite #101, Oakland, CA 94609

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We specialize in • Seismic Retrofit • Foundation Design

My clients enjoy freedom from home maintenance issues, and the mobility of being able to pull up stakes and move on with just a 30 days notice, while my short vacations may themselves be cut short due to any reported emergency at my rentals. This is what I do, and I make no apology that my rentals earn market rate rents, for they, together with my prompt professional services, are worth not a penny less, as demonstrated by my almost zero vacancy factor. My Residents have, on occasion, appreciated what I do with a small gift or a card, although more often with a spoken thank you, which by itself acknowledges an understanding of my role as their Landlord.

What’s in a name? A Landlord is a Landlord is a Landlord. Many years ago, my parents owned a rooming house. My Mother, quite naturally was known as the Landlady. She disliked that term, and at particularly trying times, would declare that one day, she would write a book entitled ‘The Trials and Tribulations of an Innkeeper’.

The title you’ve chosen for yourself does certainly carry your own definition, relayed to others in the character you bring to the title.

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FEATURE

rental owners and Their Attorneys Suffer Cruel and Unusual Punishment Government Finally Orders Eviction Under Los Angeles Municipal Code Section 151.09(A)(11)

BY JENIFER ANISMAN, ESQ.

magine if you will that you keep on coming into court prepared for your case but it keeps getting continued because the opponent does not show up... “Case is continued...” I return…“case is continued …” I return …“case is continued …” I return…

The above scenario? A dream? No way, it’s the stuff of nightmares! You show up to court prepared, fresh cleaned suit, hair brushed flat, briefs or binders in hand… where is the opponent? Not present? Case is continued! Let’s add some elements…a gavel “BAM-BAM Case Continued!” A judge who is not listening...“BAM-BAM Case Continued!” And again...and again. Why won’t the judge listen to me? Doesn’t he recognize delay tactics? Doesn’t he care? How many times will I have to come back? Ugh, wake me up please. This is a nightmare!

Oh, you’ve not had that dream? How about this one: You show up in court, you are ready. Your suit is pressed, and your hair brushed flat. You have your binders, your briefs, your arguments rehearsed. You sit and wait for your case to be called. You sit and wait. You sit. You wait. Then suddenly you realize, it’s lunchtime.

“Excuse me, Madame Clerk? The judge did not call my case,” you say. “Oh, the other side called and said they will be here this afternoon” the clerk informs you. “But Madame Clerk, when I checked in at 8:30 you said the other side checked in.” “Yes, but that was a different attorney from the firm, they are not on this case.” And still you sit and wait, for days and months, for your case to never be called…a nightmare? Could be, or you could be a landlord’s attorney in an Unlawful Detainer Court.

This was my experience representing Landlords in Unlawful Detainer Court in the City of Los Angeles. Eviction defense firms lie, cheat and steal to protect the tenants for the coveted limitless attorney’s fees clause in a lease. They falsify declarations, their process servers file false proofs of service … they delay depositions and discovery, file massive meritless motions, and they have the full support of Judge … well … let’s just call him Judge Wrong.

One particular case was especially egregious. The tenant was represented by the notorious eviction defense firm “Basta.” Lenny Landlord was a simple gardener. His father, an immigrant, had worked hard all his life and accumulated several small buildings on the East side of the City of Los Angeles. After he passed, the buildings went to his wife and three children.

One particular building was a mixed-use building with a residential upstairs and commercial office downstairs. The upstairs

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was rented to a family for living, sleeping and dining purposes. The commercial first floor unit was vacant. While reports differ on how it came to be occupied (one report says the tenants upstairs sublet it to them, another report says neighbors informed them of a longtime vacant unit in the building). However, it happened, a family moved in and squatted there for years without paying rent, 12 years to be exact. They were rarely bothered for rent. Eventually, family members passed away and our client, the gardener, eventually inherited the position of managing Trustee charged with taking care of the properties, a job he knew nothing about. So, he did the sensible thing and hired a management company. The management company unfortunately attempted to collect rent from the squatters living in the commercial unit and the squatters ran squawking to BASTA, Inc. Founded in 2005, BASTA, Inc. is the largest tenant rights organization in Southern California serving virtually every tenant need (legal or otherwise). On its website, BASTA brags that it pioneered the strategy of bringing all eviction defense cases to jury trial rather than having cases decided by a single judge, and that it has won more jury trials in eviction cases than all of the other organizations in Southern California combined. BASTA prides itself in that it has revolutionized the entire eviction legal process.

BASTA took control of the situation, calling in the Housing Department, the Building Department, the Kitchen Sink Department. Result? ORDER TO VACATE! Remove all persons from the first floor!

It is not zoned for living-sleeping-dining purposes. The end, right?

Wrong.

Thus, began the eight-month Odyssey in Unlawful Detainer Court.

What is that you say? Eight months? Couldn’t be…Landlords are entitled to an expedited trial! True, a trial date is set within three weeks of filing the Request for Trial. But that doesn’t mean you are actually going to trial. In Judge Wrong’s court, you are going to trial when he “orders the parties to be trial ready” which is different from the trial date. The trial date is merely the day you show up in court, watch the other cases, and wait for someone from BASTA to show up and ask for a continuance. If you are lucky, this will be before lunch and you can go back to the office and get some work done.

Usually, though, this is after lunch.

It started off like any other case. We file the Complaint and a Summons is issued and served. We appear for their meritless demurrer that they lose. They file an Answer and Demand a Jury Trial. A Jury Trial? Is it a question of fact for the jury to decide whether tenants living in an illegal commercial unit under a government order to vacate have a right to possession? Nevertheless, the jury trial was set many weeks later for June 4, 2019.

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RENTAL HOUSING 9

We then filed a Summary Judgment motion (obviously – why bother the courts with a jury trial on this case) but it is continued to the next day at the request of defendants. On May 24th, we learned from the court docket records “pursuant to request of defendants, Motion for Summary Judgment is continued to June 21, 2019.” Next, on May 28, 2019, we learned from the court docket records “pursuant to request of defendant, trial scheduled for June 4, 2019 is continued to June 21, 2019 in the morning.

Oddly missing from the court’s docket is Defendants’ Motion for Judgment on the Pleadings. The basis? The Three-Day Notice to Quit attached to the complaint refers to the 60 day notice NOT attached. As a result, the judge granted it, and we filed a First Amended Complaint (using “60 day” notice).

But the oddness does not end there. There is an entry on August 21,

ties. It is continuing madness from 14 pages of 49 court docket entries beginning with “Updated” regarding Defendants’ Motions to Compel said entries providing no information and don’t even appear to be internal corrections, just a bunch of gobbledygook!

BUT…backing up just a tad…After we filed the first amended complaint, the Defendants served HUNDREDS OF PAGES OF DIS-

On June 21, 2019, I show up at 8:30 A.M. ready for trial. Case is never called. After lunch at approximately 3:30 P.M., my client’s Plaintiff’s Motion for Summary Judgment was heard. Judge Wrong denied it because tenants’ declaration that they did not receive in the mail the Notice posted on the door created a triable issue of fact (as to what?). We argued that service is complete upon mailing and the proof of service states that it was mailed, but the motion was denied.

The judge invited us to submit an amended Motion for Summary Judgment to connect the dots. We did. The motion was denied.

I inform the judge that we are in compliance with Rule 3.1351 and our tracking number shows that the Opposition was delivered on Wednesday, October 16, 2019, not one BUT TWO court days before the hearing. This next part should be read in slow…motion…The judge gives me the hand-up and says “shhhhhhh” and then turns to defense counsel and asks him what date he would like to come back.

This was THEIR Motion and THEIR date chosen and THEY showed up unprepared. The tentative ruling DENIED their motion. Why do we have to come back AGAIN! Why? The judge explained very clearly that on this day he wanted to give them EVERY OPPORTUNITY to succeed. That’s why. Every opportunity to defeat a government order to vacate is given. This is the state of our Unlawful Detainer Court system. And their motion was granted. Yes, it was.

But Judge Wrong didn’t JUST deny it, it was a long and drawn out process requiring multiple appearances:

• •

July 17th: Motion for Sanctions filed by us (16 court days before hearing on August 8th); August 6th: Reply (Notice of non-opposition) filed by us.

August 8th: On day of hearing, tenants filed their opposition. The judge continued the hearing to August 20, 2019 in order to review the paperwork and purportedly to give us an opportunity to reply. He called this continuance a “Stipulation” of the Parties.” If a stipulation can be unwilling and forced, then it was a stipulation.

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Then on October 11, 2019, I show up in court prepared, fresh cleaned suit, and again, hair brushed flat, and with proposed joint documents binder (pursuant to The Los Angeles Superior Court Third Amended Standing Order) in hand. In comes another BASTA attorney who has never before appeared on the case. This new attorney says trial counsel is on vacation. He also served me with a Motion for Summary Judgment set for October 18, 2019. Once again, the trial was continued to October 24, 2019.

I prepare the opposition over the weekend and e-filed it on Monday, October 14, 2019, which happens to be a government holiday, so we mail out the Opposition by priority post on the next day, Tuesday, and it is delivered on Wednesday, October 16, 2019. Then on October 18, 2019, I showed up in court again, and as always, I am ready.

My suit is pressed, and my hair is brushed flat. I have my binders, my briefs, and my arguments all rehearsed. I sit and wait for my case to be called. I sit and wait and wait…and in comes yet another BASTA attorney who has never before appeared on the case. He states as an officer of the court that their office has just received the opposition today and they need time to review it and prepare a reply.

It is worthy (or unworthy) to note here a court docket entry on July 25, 2019, “pursuant to oral stipulation, non-jury trial scheduled for July 17, 2019 not held – continued to August 16, 2019.” Stipulation?

Really? I appeared ready for trial with proposed joint documents in hand on each and every trial date.

The period of June 3, 2019 to July 17, 2019 became a bizarre odyssey of Defendant’s Motions to Compel Discovery responses for discovery never served, which was denied, and for further discovery on the discovery served which was granted “in part.” What were the further discovery responses granted “in part?” Changing all “N/A” answers to “Responding Party is not aware of any” and to change a small handful of the hundreds of discovery requests to conform with the “a-b-c-d-e” response format. There were no substantive changes or additions. No sanctions were imposed, however, Judge Wrong invited us to file a motion for sanctions for having to appear and oppose a motion to compel discovery that was never served. Following the judge’s advice, we did. The motion was denied.

•

tinuance. Court docket entry: “Pursuant to oral stipulation (meaning forced and unwilling), Non-Jury Trial scheduled for September 20, 2019...held - continued was rescheduled to October 11, 2019.”

2019 that goes like this: “Updated – Amended Complaint 1st: Name Extension: 1st; as to Parties changed from Erica Hurrah (Defendant), Louie Hurrah (Defendant), Socorro Sassy (Defendant), Eric Hurrah (Defendant) to Louie Hurrah (Defendant), Erica Hurrah (Defendant), Socorro Sassy (Defendant), Eric Hurrah (Defendant)” What does that mean? And why is that even a court docket entry?

The complaint and First Amended Complaint are identical as to par-

COVERY REQUESTS and Deposition Notices, substantially identical to the first set, and even called them each “Set One.” I spent hours responding with objections. And they filed a NEW SLEW OF MOTIONS TO COMPEL to further delay the case.

The trial was finally scheduled for September 20, 2019. I attempted to exchange documents (again), but no response from BASTA. I showed up in court on September 20, 2019 prepared, fresh cleaned suit, hair brushed flat, and with proposed joint documents trial binder in hand. Defense counsel shows up unprepared and requests a con-

In summary, the Landlord and his attorney suffered cruel and unusual punishment for attempting to evict tenants under a government order.–

Jenifer Anisman, Esq. is an attorney at the Law Office of Harold Greenberg in Los Angeles. You can reach Jenifer at Jenifer@hglaw.pro or via telephone at (323) 732-9536.

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FEATURE

UNITE TO FIGHT WATER WASTE; A UNITED FIGHT FOR CONSERVATION; COME TOGETHER FOR CONSERVATION; Owners and tenants need to work together in order to put a comprehensive water conservation plan into effect.

BY EMILY LANDES

I

n most multifamily housing, tenants do not have much incentive to conserve water. Unlike power bills, which typically go directly to tenants, owners generally bear all the burden for their tenants’ water usage. It can be frustrating for owners to see residents misuse this natural resource without having to take any financial responsibilities for their actions.

It’s a difficult situation, but not an insurmountable one. Conservation is not a battle with willfully wasteful tenants on one side and property owners and managers trying to rein in usage on the other. In fact, tenants will happily put water saving habits into effect, if they are properly educated and incentivized.

Conservation 101 Education is the first and most important step in getting tenants motivated to save as they often have no idea that their everyday practices may be wasting water. For example, standard showerheads use 2.5 gallons of water per minute. So, an active campaign to get tenants to take a five-minute shower instead of the average 8.2-minute shower could save about 8 gallons of water per shower. (Installing water-saving shower heads would cut the amount of water used even further.)

If you have dishwashers in your units, send a note encouraging tenants to run them only when full. Half-full dishwashers waste gallons of water in every cycle. Also, discourage hand washing dishes. The Environmental Protection Agency estimates this practice uses twice as much water as a dishwasher.

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Tenants have proven they will step up when confronted with a concerted effort from their building’s management—plus a little competitive push. For example, in Chinatown the Community Development Center started an effective water-saving campaign by encouraging a friendly rivalry between its residents. Realizing that tenants could not conserve water without knowing some simple saving strategies, property managers at the affordable housing nonprofit spent four months educating tenants with lessons on the many ways to conserve water every day. These included everything from using less water when boiling vegetables to turning off the tap while brushing teeth. They also recruited the children in the building to make colorful flyers with water conservation tips in English and Chinese, as well as visuals meant to show residents just how much water they were using.

The residents were shocked to see how much water they were wasting, Project Manager Joanna Ladd told Multifamily Executive Magazine, and it motivated them to make changes. They were further incentivized when the nonprofit began a competition between its three properties to see which could save the most water.

“Every month, we'd post an update about how each building was doing with respect to the other buildings,” Ladd told the magazine. “We didn’t actually realize that the data would be [so] compelling to residents.” By the end of the campaign, the first building had saved 16%, the second had saved 18%, and the final building saved more than 6%.

Ladd added that the last-place property became even more engaged after “losing” the contest and that savings jumped up to 18% after the contest results came in.

Data Is King The CDC needed to install an online energy and water tracking system in order to run this innovative program. Other California properties have also reported that simply tracking utility use in their buildings has led to better conservation habits.

“There is nothing like data, whether it is for weight loss or your electric bill. That way we can see our performance as compared to our peers,” Greg Gunther, president of the Granada Court Homeowners Association in Pasadena told Multihousing Pro. Gunther not only tracked water and energy usage in the 31-unit development, he also repeatedly published that information in newsletters that went out to the rest of the HOA. As a result, he said, total consumption dropped.

Of course, in Gunther’s case the data was being viewed by his fellow owners. Tenants may require more motivation to make moves towards water-saving practices. The property management blog Buildium suggests setting a reasonable goal for water use reduction and then rewarding tenants with a building-wide event. “Set a goal (to lower water and sewer charges by 15% in six months, for example) and sponsor a pizza night when the goal is reached,” it suggests.

“This will not only keep tenants motivated but will rally them around a truly worthwhile cause.”

In fact, simply emphasizing the environmental benefits of saving water may be an effective way to get tenants to conserve as more and more are interested in living “green”. Renters told the National Multifamily Housing Council in a 2016 survey that they would pay slightly more to live in apartment buildings with sustainable features like energy-saving appliances than they would pay for other important amenities, like parking. Three-quarters of respondents said they were “interested” or “very interested” in buildings that had earned a LEED certification from the U.S. Green Building Council. Over 40 percent said that websites of apartment communities should include information on sustainable features in order to appeal to them.

Billing Is the Best Incentive Still others posit that it will take more than pizza parties and green appeals to really move the needle on tenants’ water use. In fact, a 2015 survey of Los Angeles apartment owners showed that total water use did not change and even increased, in some cases, despite the state’s 25 percent conservation order at the height of the drought.

Therefore, many believe that making residents more financially responsible for their water use is the only real way to see widespread conservation.

To that end, California recently passed SB 7, a statewide law that requires submeters in rental housing built after January 1, 2018. Sub-

metering has been proven to cut water use, with a 2004 EPA-sponsored study showing that water use in apartments went down by over 15 percent after submeters were installed. Some smaller studies have put the figure as high as 30 percent.

Because the correlation between submeters and water savings is so high, the new submetering law, which was six years in the making, was supported by everyone from the Sierra Club to the California Association of Realtors. The California Apartment Association has also long supported the move to submeters. “When a large part of our population—renters—do not receive a water bill, there is no incentive on their part to conserve,” CAA’s Debra Carlton said in a post on the organization’s website. “SB 7 will change that.”

Submeters may be the ultimate motivator in newer buildings, but they aren’t always practical for the older apartment buildings that make up the bulk of San Francisco’s rental housing stock. Luckily, there are other easy and affordable options for owners who want to both lower water usage and incentivize tenants.

Ratio utility billing systems (RUBS) are a fair and legal way to transfer shared utility costs to individual units. This is even true in rentcontrolled jurisdictions, as long as, the system is implemented on turnover. RUBS allow owners to make tenants responsible for their water use without a costly submetering retrofit. In fact, in many cases the minimal cost of a RUBS program can also be passed on to tenants.

RUBS utilizes factors like the number of occupants, the square footage of the unit or a customizable combination of the two. Owners can choose to pass on 100 percent of water costs, or less, depending on common area amenities like a laundry room or extensive landscaping.

Typically, both owners and tenants have access to the water bill information in real time. RUBS naturally incentivizes tenants to use less water every day since they are now responsible for how much they use. It also makes residents much more reactive to leaks as they can now see the spike in water use immediately and let owners know quickly about the issue. Even if tenants don’t check out their own usage regularly, owners and property managers can also see this data, so they can go check out an outlier unit that may have a maintenance issue. In most systems, owners can even be altered by the software if certain spikes occur.

Fighting water waste can pit owners against tenants in a constant battle of wills. But it doesn’t have to be that way. Through a concerted push to educate tenants on how to conserve, as well as financially incentivizing them to make these conservational changes, the war on water waste can turn into a team effort for efficiency.

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FEATURE

RENTAL PROPERTY SAFETY AND CODE COMPLIANCE WALK

A

BY THOMAS BARBEIRO

is about the thickness of 35 pieces of paper stacked. Grinding down

Your safety walk must include a detailed measurement of all of the

sidewalk is severely cracked and damaged, removal and replacement

within 1/4” or less.

the uneven surfaces is often the only option. In locations where the

of that concrete area will be necessary.

While it is often suggested that a property owner “mark” uneven

surfaces less than 1/4” with bright yellow, this may be perceived as an owner’s overt awareness of the hazard and not acting on it – so owners

where the filing of a lawsuit, regardless of its legiti­ macy (or not), extorting a property owner of both their anxiety-ridden efforts and out-of-pocket cash. For

corporate property owners, this may simply have become a punitive cost-of-business. But for the individual income property owners, this can be demoralizing.

Further, general liability insurance companies are raising rates, or outright cancelling policies based on site walks where obvious, and

less obvious hazards are revealed. Worse still, properties that were in

full compliance with local and national building codes when they were constructed are now being “judged” against current building code

standards by their insurance carriers – again ‘justifying’ the push to

1) Exterior Site Lighting: During the day, walk the entire site and make note of light fixtures that are damaged and in need of replacement. Note too that all light bulbs in California can no longer by incandescent or halo­gen bulbs – meaning that your property may need a wholesale replacement of the existing light fixtures with new California Ef­ficient LED fixtures.

At night after you have mapped all of the light fixtures on the property,

stair treads or a wood stair worn in the middle of the stair treads, pose the same hazard as unevenly measured stairs. Look for dam­aged stair mounting points under the stairs and worn out stair tread tops.

Replace these stair treads (concrete, metal or wood) and document the

With regards to owner-installed speed bumps in parking areas – these

3) Standing Water: Standing water after a rain storm or from of landscape irrigation, result in slippery mud build up, slick concrete surfaces, or a pe destrians’ stark surprise when they are ankle-deep in water on a defined walking path at night.

must be boldly marked with retro-reflective traffic-rated markings to

lessen any liability should someone trip over it at night, and permanent traffic signage should warn motorists and pe-

destrians alike of the

replacements.

"...an integrated

Potholes in the asphalt

property safety and

merely a trip hazard, but

code compliance walk

kles, hard falls, and torn

has become such a small

who has been called to a

price to alleviate any

parking

area

are

not

can result in twisted anligaments. Ask any EMT shopping center pothole

During the next rain­

opportunities for others

storm, throw on your

slicker and galoshes and review your entire prop­

erty for standing water on walkways and landings.

Standing water can be

make a detailed survey of all of the lighting fixtures that are not

injury.

the light bulb itself may have burnt out. Don’t discount the possibilities

Asphalt potholes can be

to line-their-pockets

into the building (instead

grouping of light bulbs burnt out.

available asphalt fill ma-

based on major (or

ing), clogged storm drain

at a local hardware store

minor) site hazards."

working. Fixtures that appear fine during the day may be damaged or

of building fuses having been tripped if you notice a centralized

raise the insurance rates, or cancel a policy all together.

When the entirety of the site has fully operational lighting at each light

It is for these reasons and untold more, that an integrated property

must illuminate every defined walking path on the prop­erty sufficiently

alleviate any opportunities for others to line-their-pockets based on

sidewalks, paths, stairs, stair landings, and gates -- and get to their

safety and code compliance walk has become such a small price to

Further, a loose stair can result in low spots on the ends of the

will have to make a judgement call on this one themselves with their

insurance providers.

risk. s unfortunate as it may be, we live in a litigious society

stair treads, documenting that all of the stairs on any one set are all

fixture, you must then look out for ‘blind spots’ on the site. Lighting

filled with an array of

terials available in bags

and packed down with a weighted tamper or by

the result of walkways settling, concrete sloping

of away from the build­ grates or inlets, or simply

an accumulation of debris

over time that prevents the proper drainage of the

such that someone unfamiliar with the terrain can successfully navigate

just running over it with

major (or minor) site hazards.

destination.

should be repaired by a licensed civil contractor.

Please put in the time and efforts to make a detailed site safety and

Above all – photographic evidence and written mapping to docu­ment

Finally, the worst of all possible trip hazards is the distance be­tween

why that area is under water. Look for that clogged storm drain grate

The four most obvious hazards in rental properties are:

2) Trip Hazards: Be it a rising/falling sidewalk crack, a pothole in the asphalt, or a stairway with uneven stairs – defining, documenting, and repair ­ing these hazards shall largely indemnify a property owner.

minus) and must all the same height apart within 1/4” – anything more

And, if necessary, take a carpenter’s level to the walkway to define if

code compliance walk on all your properties.

Exterior Lighting Trip Hazards

Standing Water

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the light fixtures and light bulbs working, ideally quarterly.

Per ADA (Americans with Disabilities) Standards, any uneven

water off of the walking

a car tire a few times. Large scale asphalt parking lot damage

stair treads. Most stair treads are approximately 7” high (plus or

than a difference of 1/4” between stair treads is a high-risk trip hazard.

How many of us have been walking down a stair only to find the last stair was greater than all of the prior stairs. This too can occur when the concrete below the stairway has settled.

path or landings.

Look for these walkway areas with standing water and seek to de­cipher

or a pile of leaves. Look for mud accumulated along the walkways.

the concrete is sloping away from the build­ing.

It may be necessary to place a topcoat of concrete in order to re­slope the water away from the buildings or replace a concrete area with new,

thicker concrete.

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RENTAL HOUSING 15

An ongoing series 4) Railings and Handrails: These can be made of wood, metal, or cables. Each have their own unique hazards.

Most common is metal railing – and the hazards include damaged mounts, broken rails, and damaged surfaces. Damaged mounts means the railing will wobble or shift when you grab it. Broken rails will not hold a pedestrian up when used as a guide. And rough, rusted and damaged surfaces will cut hands or pinch fingers when they are used.

Wood railing similarly can have damaged mounts and broken rails – with the unique hazard of splinters and dry-rot – preventing guest from actually making use of the railing creating a hazard in itself.

Balcony and Stair Landing rails must be able to withstand 200400 lbs. of dead-weight pressure without failing, depending on the code at the time the railing was last worked on. But all one needs do is pull against the railing to see if it moves more than 1/2" to define a possible problem.

Finally, insurance companies are looking at the distance between the vertical pickets on railings at stairs, balconies, and landings. The current code for new construction requires no more than 4” of opening between the railings. Prior codes in place when buildings were constructed could have been 6” or 5” or 4-1/2” – depending on the year the building was constructed.

Today – insurance companies are red-tagging some properties that were in full code compliance when they were constructed, but with railing openings greater than 4” wide – they are either raising insurance rates on these properties or giving notice of cancellation if these rails are not brought up to current code.

On wood railings, we have found property owners installing additional wood pickets or vertical cables between their rails that have satisfied insurance companies. On metal rails, we have suggested the use of metal webbing welded to the existing stairs and painted to match.

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While there are many more potential hazards in rental properties, these four (Exterior Lighting, Trip Hazards, Standing Water, Railing / Hand Rails) are the greatest, most obvious hazards to be attended to by a property owner.

A job hazard walk quarterly with documented plans for remediation of the hazards and implementation of those plans is the greatest tool you have in preventing pedestrian injuries, alleviating potential for law suits, and providing your insurance carriers with evidence of a liability-controlled rental property.

Thomas Barbeiro is Operations and Safety Manager for ALP Construction and Painting in Concord. A graduate of the Boise State University College of Engineering and the Santa Clara University Leavey School of Business, he began wearing a tool belt at age 12 flipping houses with his father long before “flipping” was a ‘thing’. He is also a big supporter of the Vallejo Admirals minor league baseball team.

THOMAS BARBEIRO Operations Management ALP CONSTRUCTION & PAINTING 1000 Detroit Street, Suite “Q” Concord, California 94518 thomas@alpconstructionca.com Office: 925-567-4777 Direct: 925.822.8232 Cell: 925.895.5966 thomas@alpconstructionca.com

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Beacon Properties UPCOMING EVENTS

RUBS REGULATIONS: What You Need to Know

East Bay Property Management & Brokerage Services Since 1990

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

BY EMILY LANDES

• Integrity and care

Carlon Tanner, Owner/Broker the program passes through the costs of the utilities actually

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

used by residents. It is not a profit center for a landlord.

Local controls on RUBS can vary widely from no restriction With utility bills on the rise and submetering systems often cost prohibitive, many property owners are considering ratio utility billing systems (RUBS). Instituting RUBS is an

inexpensive way to make tenants financially responsible for their usage and incentivize conservation.

Although RUBS have many benefits, owners are often concerned about how to legally institute the program in their

buildings. The good news is that, barring a few municipalities, RUBS is legal throughout California, even in rent-controlled jurisdictions. It just has to be instituted on turnover.

Expertise and Representation on Rent Board Petitions, Hearings and Appeals

For more answers to your frequently asked RUBS questions,

we turned to landlord-tenant attorney John List with Pahl & McCay, which has offices in San Jose and Los Angeles.

Q: What are the biggest concerns landlords have about

beginning a RUBS program and how do you respond to those concerns?

John List: One of the largest concerns we deal with is how

to communicate with residents regarding the implementa-

Unless noted, all events are held at:

3664 Grand Avenue • Suite B Oakland, CA 94610

TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873 20 RENTAL HOUSING

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info@rentboardmatters.com

tion of a RUBS program. We suggest having a clear commu-

Liz Hart

program are to make residents aware of the costs of water—

510-813-5440

nication strategy for residents that explains the goals of the a precious resource in California—and providing incentive to conserve. Additionally, clarification should be made that

to the outright prohibition that we see in San Jose, Richmond

and Santa Monica. Our office will ensure that there are no hid-

den regulations that could potentially derail a RUBS program or cause liability for the property owner, providing a risk analysis where the regulations are not necessarily clear.

After the passage of SB7, governing submeters, there have been

many questions about using RUBS in a master-metered property

with water submeters. We recommend that any property owner

with submeters comply with SB7. If there is a desire to change billing methods, contact an attorney about potential options.

Q: How can RUBS be enforced in rent-controlled jurisdictions?

JL: Since there are no statewide definitions of RUBS, complying with local rent controls requires a careful reading of the laws

governing the control. In a majority of rent-controlled jurisdictions, any money paid to a property owner by a resident is de-

fined to be a part of “rent,” even if it is based on a resident’s

actual use of a utility. As long as there is no outright prohibition of RUBS, the billing practice may be phased in upon turnover of units.

When RUBS is implemented, the fluctuation of costs must be

capped to avoid violating any restriction on the number of rent increases in a 12-month period and any increases over the per-

(Cont. Next Page)

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RENTAL HOUSING 21

they are getting push back and refusals to pay from residents.

Upon reviewing the program, it is clear that the owner had taken generic forms from the internet and just had the residents sign

them. The signed forms were missing pages or were not fully

completed and omitted key terms that explained how residents

were being charged. Residents were getting bills that were high and did not explain the basis of the costs. Further, there had been

no communication with the residents about what was happening, so there was no goodwill with the residents to comply.

This owner had to recreate new documents based on the ac-

tual way residents’ share was being calculated, forgo unpaid

amounts, and wait for lease terms to end before implementing the corrected documents.

Q: Any misconceptions you often hear about RUBS that you'd like to clear up?

JL: The use of RUBS does not cause a property owner to be reg-

ulated by the Public Utilities Commission. As long as a property owner is not making a profit from the pass through of costs, the PUC has ruled that the pass through does not make the property owner a utility provider. mitted amount. This cap should be reasonably related to the actual costs. It should be clearly communicated that the point of the cap is to benefit residents by passing on savings when costs are lower than the cap.

A common mistake is using RUBS to bill for gas used to heat central boilers when there is no method for isolating the use of the gas by the central boiler. Contact an attorney to discuss the ability to use RUBS for common central facilities.

Q: What are some best- and worst-case scenarios you have seen when people institute a RUBS system?

JL: The best-case scenario begins when a property owner consults with vendors knowledgeable of the regulatory landscape

of RUBS. When the owner has a clear goal and works with the

vendor to put together a program and then properly document the mechanics of the program, there is less chance that cost-

ly mistakes are made. In the end, there is functional program

A Final Disclaimer

The discussion above is general in nature and is not intended to be legal advice. It is intended to assist owners and operators in understanding this issue area, but it may not apply to specific circumstances or business situations. Owners may need to

consult applicable federal, state and local laws and applicable regulatory agreements for any specific project or concern. For specific legal advice, consult an attorney.

specific to the property with an enforceable agreement to bind residents to participate.

The worst thing I’ve seen is when a property owner calls me

after putting a RUBS billing system in place and is asking why

Bay Area-based RUBS program dedicated to helping property owners recover utility costs and increase the value of their investments through conservation.

For more information, check out livable.com.

| FEBRUARY 2020 |

Another bill that has carried over from 2019 is AB 22 authored by Assemblymember Autumn Burke. This bill would declare that it is the policy of the state that every child and family have a right to housing which would entail that the state provide public assistance to children and families in danger of homelessness, help with rent evictions, and in some cases find the emergency and permanent housing. Given the logistical difficulty that such an idea possesses, it is unclear how it will fair throughout the legislative process.

The Governor has declined to endorse this idea.

AB 53, authored by Assemblymember Reginald Jones-Sawyer, is another bill that has carried over from 2019. This bill would have made it unlawful for rental property owners to inquire about or require an applicant for housing to disclose a criminal record during the initial application assessment. Fortunately, this bill was pulled from committee and therefore has been rendered dead for this session.

On Friday, January 10th, the Governor presented his $222.2 billion budget for the 2020-2021 fiscal year. During the press conference, Governor Newsom stated that while last year’s Budget Act included $1.75 billion in resources to accelerate housing production, none of those dollars were actually spent in the 2019 calendar year. In light of this fact, the Governor decided that no additional funding would be provided in this year’s budget proposal. In total, the budget includes $6.8 billion across multiple departments to address housing throughout the state.

While no additional funding will be provided this year to accelerate housing production, significant funding was added to the budget to address the homeless crisis plaguing the state, which Governor Newsom has made a top priority this year. He noted that homelessness is no longer a problem restricted to urban corridors, but is moving to rural communities as well. To address this the governor has created the new California Access to Housing and Services Fund through an executive order and will fund it with more than $1 billion to fight homelessness.

As we move through January and into February, the legislature will see a number of proposals introduced. We can expect close to 2,000 bills to be introduced between now and February 21st, the bill introduction deadline. Along with legislative bills, the Senate and Assembly Budget committees and their respective subcommittees, will begin to meet to discuss proposals included in the governor’s budget. Without a doubt, housing will continue to be a dominant topic in Sacramento and it is not unlikely that the Governor’s proposed budget will be amended to address the housing crisis.

Emily Landes is the content director for Livable, a

22 RENTAL HOUSING

On December 6th, the California Legislature returned from its interim recess to begin the 2020 session. Members have be-gun introducing bills and will continue to do so up until the bill introduction deadline on February 21st. Members have also begun to make decisions on bills that were introduced in 2019 because of a deadline requiring all bills introduced last year be passed out of the House in which they originated. Several bills pertaining to housing are subject to this deadline, most notably is SB 50 authored

by San Francisco Senator, Scott Wiener. This bill would permit larger and denser housing near transit hubs, and stalled last year due to significant opposition by local governments. It was amended on the 6th to allow local governments the first attempt at rezoning if they wish to do so. On Tuesday, January 7th, Senator Wiener held a press conference to announce the amendments to SB 50, however, it was interrupted and shut down by protesters. The protestors were led by Moms 4 Housing, which is a housing justice group, and they have voiced concerns that SB 50 will be used to build luxury housing, rather than affordable housing.

ebrha.com

CalRHA, 1121 L Street, Suite 105, Sacramento, CA 95814 916.441.4242 | calrha@cal-rha.org | www.cal-rha.org

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UPDATED CURRICULUM!

COMMUNITY OUTREACH

Invest in your career!

What to expect in 2020…..East Bay Rental Housing Association is dedicated to providing Information, Networking, Advocacy and Community Improvement. All four of these components are crucial in providing EBRHA members with tools, support, resources and the means to navigate through recent rent control and housing related local and state laws.

In the area of Information, EBRHA offers monthly workshops, membership meetings, walk-in clinics and roundtables for its members. In the area of Networking, EBRHA offers opportunities for its members to network among themselves.

There is also outreach to other housing related organizations through the Community Relation Advisor staff and leadership. Advocacy, EBRHA stays in the forefront of local and state housing related issues that impact property owners. When legislation impacts housing and property owner rights, alliances are imperative….there is strength in numbers! EBRHA is actively bridging communication and relationships with other housing related organizations. Lastly, there is Community Improvement. EBRHA is a socially conscious association that endeavors to educate its members.

EBRHA opposes legislation that infringes on property owner’s rights and housing inequities. Collaborating with other community and housing organizations helps with broader outreach to inform and make the community at large aware of egregious local and state housing initiatives and laws. 2020 has already gotten a jump start on more rental housing laws and parcel tax measures. Stay tuned!

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

Presented by:

ARPB Installation of Officers & MLK Breakfast

Bay East Assoc. of Realtors Installationt

Women's Council of Realtors members EBRHA member Joycie Mack & Georgia Richardson

manager or experienced assistant manager we recommend this course!

• Contractors and vendors

• Comprehensive marketing plans

• Recruitment, hiring, orientation, and training of high-caliber employees

• Equitable treatment of current and potential residents • Resident retention and the maintenance of a positive company image • Consistent and ongoing resident communication • Positive resident service and issue resolution

ARPB President, Marie Sturgell and Board Member Nate Payne, MLK Breakfast

• Enforcement of company policy in compliance with laws and regulations

Georgia Richardson, Supervisor, Nate Miley, Toni Alexander & Tim Ambrose

Tina Hand, President, Bay East AOR

ARPB Members and Attendees

• Occupancy rates • Sales team management and product readiness

If you’re a community

Wayne Rowland & Noah Starr, External Affairs for Fiona Ma, Treasurer

You’ll learn about:

Central County Marketing Group

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

• Property inspections

• Maximizing net operating income

• Preventive maintenance programs

• Reporting property performance honestly and accurately

• Service request process • Apartment turnover process

Bridge Assoc. of Realtors

CCMG Marketing Meeting, Past Chair, Sharon Bohoman, Chair Paul Wong, Marilyn Thurman, Berkshire Hathaway

Paul Wong, AREAEB President, Eric Harris, EBRHA member at Bridge AOR Marketing Meeting

Berkeley City Manager Presentation

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ebrha.com

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

For more information, visit naahq.org/CAM

*Member price ebrha.com

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RENTAL HOUSING 27

Federal & State Government Agree

BY RON KINGSTON

F

inally, the federal and state governments agree on something and that something benefits the rental housing industry!

The federal Department of Housing and Urban Development (HUD)

and the California Department of Fair Employment and Housing

(DFEH) agree that online certifications from websites which claim to

represent that they can help a tenant’s or applicant’s disability related

HUD pointed out in its position on this issue that healthcare profes-

internet reliable verification “if the provider has personal knowledge

of the individual’s disability-related need for an animal.” HUD stated that “personal knowledge” is of the type that health care professionals ordinarily use for diagnostic and treatment purposes.

Effective January 1, 2020 the DFEH new regulations address the type

INDIVIDUALIZED ASSESSMENT (emphasis added). Even though

related need for an assistance animal. The new regulations state that

the two governmental agencies were generally in agreement, HUD’s position is far more hostile to businesses engaged in offering to sell online certifications.

Not long-ago HUD asked the Federal Trade Commission (FTC) to

investigate websites claiming to offer assistance animal documentation for misleading consumers, including property owners, manag-

ers, tenants and applicants. According to HUD, these websites offer

documentation that is not reliable for the purposes of determining whether an individual has a disability or disability related requirement

that needs an assistance animal. All of this is due to the fact website operators and health care professionals who consult with them lack-

the knowledge required to opine that a tenant or applicant needs an assistance animal.

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BY BECKY BOWER

sionals may provide remote services which may include over the

need for an assistance animal (many times referred to as an emotional support animal) are presumptively unreliable unless they include an

2019’s Rental Housing Laws: What You Need to Know

of documentation that will be sufficient as evidence of a disability-

a support animal certification from an online service that does not include an individualized assessment from a medical profession is

“presumptively unreliable.” The new regulations also state that merely having a certificate or having an animal wear a vest is not in and of itself sufficient. Note, however, that property owners and managers

that are provided with these types of “unreliable online certification” cannot outright deny the accommodation. Property owners and man-

agers are instead required to request addition information in order to make a determination for a reasonable accommodation.

Ron may be reached at: Ron@CalStrategic.com

2019 turned the rental housing industry upside down – with rent caps, stricter tenant screening regulations, and increased tenants’ rights – and set precedent for the decade’s next rental housing laws.

While we’ve seen rental housing trends rise and fall (remember the micro-apartment phase?), 2019’s new laws made waves so big we’ll likely see similar bills in 2020. Take a look at the legislative trends that rocked 2019 and could wreak havoc on your rental properties in 2020.

Rent Control Are you surprised? Rent control and rent caps have been the talk of the town since 2018, and legislators were really pushing for this rental housing trend to go nationwide in 2019. While Colorado (SB19-225), Illinois (HB 3207), and Oregon (HB 2596) all proposed rent control in their state – with all three bills failing – that didn’t discourage California. Throughout the year cities across the coast have enacted their own rent control ordinances to meet tenant demand, and a state-wide rent control law was officially passed in the fall. It’s likely we’ll continue to see a few rent control bills pop up in 2020.

Tenant Screening: Criminal or Eviction Record Restrictions At the beginning of the year, 9 different states proposed bills that targeted the use of criminal or eviction records (or both) for tenant screening. Portland, OR, Minneapolis, MN and the state of New

York all made significant changes to how rental properties can vet rental applicants.

What does this have to do with the multifamily housing industry?

Simply, the harder it is to access criminal or eviction records, the less likely you’ll see that information on your rental applicant’s background screening report. Not all of the laws proposed or passed are bad – Colorado’s HB19-1106 actually enforces some pre-existing industry standards – but the sheer number of these type of bills (across multiple states and in the U.S. Senate/ Congress) shows that this is a serious trend the housing industry should be looking out for in 2020.

Tenant Protections As with every year, there were plenty of bills involving tenant protections that passed. This year, California, Colorado, Georgia, Illinois, Washington, and Nevada passed various tenant protection bills, ranging from amending their definitions and procedures involving the warranty of habitability to including tenant protections for workers during a government shutdown. Of course, bills relating to tenant protections and other common rental housing procedures (like notices and eviction requirements) will be proposed in 2020.

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RENTAL HOUSING 29

For Substantial Water Savings, Begin in the Bathroom

collected in the bucket to determine the diverter leak rate. If the bucket collects more than one-tenth of a gallon of water, it should be replaced.

In addition, replacing older showerheads with WaterSense showerheads can save the average family 2,900 gallons of water a year, according to the EPA. Plus, since these showerheads also reduce water heating demands, there is a secondary energy savings as well.

The EPA estimates that if every home in the U.S. installed WaterSense showerheads, we could save more than $2.2 billion in water utility bills and more than $2.6 billion in water heating costs.

Many of the complaints about low water flow from these aerated showerheads are caused by scale build up. When possible, inspect aerators to make sure that the flow is not restricted. Cleaning the existing aerator, or replacing it if necessary, can go a long way towards making sure tenants are happy and saving water without complaint.

BY EMILY LANDES

D

espite a relatively strong rainy season, it’s no surprise that water bills are on the rise with no signs of abating.

Years of drought conditions and deferred maintenance on an aging infrastructure mean that rates are likely to continue rising for the foreseeable future. But that doesn’t mean owners need to sit back and accept ever-rising bills. There are a number of easy, economical fixes that will cut down on water usage.

A simple bathroom retrofit can give owners the biggest bang for their buck. Leaky and inefficient toilets, showers and sinks are the biggest contributors to wasteful water use. In fact, according to the Environmental Protection Agency’s WaterSense program, toilets alone account for nearly 30 percent of the average home’s indoor water consumption.

Tackling Toilets Leaks are the first topic to tackle with your toilets, particularly so-called “silent leaks” caused by worn flappers. This easily fixable issue can waste up to 30 gallons of water each day without you or your tenants even knowing there is a problem.

Luckily, there is a simple way to find out if you have one of these silent leaks. Just place a few drops of food coloring into your toilet’s tank and wait 10 minutes. If the dye shows up in the bowl, you have a leak that can most likely be repaired simply by replacing the flapper.

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Even if your toilets aren’t leaking, they can still be wasting water with every flush. Toilets installed before 1977 use 5 gallons per flush, and those installed between 1977 and 1994 use 3.5 gallons per flush. Most toilets installed after 1994 use 1.6 gallons per flush, which is a huge improvement on the older models but still 20 percent more water than a new WaterSense-labeled toilet.

out impacting performance—if they are kept clean. But, just as in the shower, scale accrual can occur due to mineral build up. Without regular maintenance, tenants get frustrated and often remove these aerators to increase flow rate.

Installing tamper-proof water-saving accessories throughout your bathrooms and following up with maintenance checks so that the devices are behaving as they should, will go a long way towards assuring that residents comply with your conservation goals.

Emily Landes is the content director at Livable, a smart billing software company with products designed to save money, as well as the environment. To find out what Livable can do for your property, check out livable.com or call 877-789-6027.

The same maintenance is needed on bathroom sink aerators, as these simple accessories can reduce waterflow by 30 percent with-

Upgrade Your Bathrooms with a New Acrylic Bath or Shower Enclosure System in One Day!*

*in most cases

These toilets, approved by the EPA and independently certified to meet a high bar in both performance and efficiency, use only 1.28 gallons per flush. Depending on the age of your existing toilets, replacing them with WaterSense models could reduce water use by up to 60 percent per flush.

The EPA estimates that a toilet upgrade can save the average family 13,000 gallons of water per year. Obviously, those savings will be even larger in a multi-unit building when toilets are replaced building wide. Plus, the SoCal Water$mart program offers a $40 rebate for each high-efficiency toilet installed in buildings with five or more units.

COMPLETE INSTALLATION SERVICE AVAILABLE Prices below include tear out of existing enclosure (plastic, fiberglass or glued tile):

Installation of Acrylic enclosure (61.5" high), standard steel/porcelain bathtub, new drywall, ABS p-trap, ABS waste & overflow, dump off-site and sales tax at $2,109 Installation of Acrylic enclosure (71.25" high), center drain shower pan, new drywall, ABS p-trap, dump off-site and sales tax at $2,159

TUB ENCLOSURE

SHOWER ENCLOSURE

Available options: Corner shelves, glass doors, valves & trims and window kits. We can also convert your existing bathtub into a shower, or ADA-Compliant barrier-free shower.

Prices are subject to change without notice

Shower and Sink Savings More savings can be found in combination tubs that use a diverter to switch between bath and shower functionality. Older diverters often leak and can be easily replaced with newer models for substantial savings.

Find out your leak rate by putting a bucket under the tub spout while the shower is running. After one minute, measure the water

Bright White Enclosure No grout to trap mold & mildew Integrated soap dish Interlocking leak proof corner seams Reinforced, molded acrylic panels, 3/4” thick, that look like 4” ceramic tile with simulated grout lines

CALL FOR A FREE ESTIMATE OR VISIT OUR SHOWROOM

OPEN WEEKDAYS 9-4:30

26247 Research Rd, Hayward, CA Toll free: 888-228-4925

American Bath Enterprises, Inc., manufactures all of its acrylic products, but is not a licensed contractor. All of the installations work shall be performed by licensed contractors experienced in the installation of the products of American Bath Enterprises.

The One-Stop Shop for Your Property’s Maintenance, Turnover, and Construction Needs

FRANK FIALA ROOFING, INC. All Types of Roofing & Repairs 15, 20, 25 Year Manufacturer’s Guarantee

Title 24 Compliant Roof Systems Commercial • Industrial • Residential

(510) 582-6929

Lic. #414359

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

(925) 484-0124

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

Lic. #686707

License #: 0K070568

363 Civic Dr. Suite 100 Pleasant Hill CA 94523

TYPES OF INSURANCE: 1. Commercial & Residential Property - Office buildings - Multi-family dwellings - Duplex, Triplex - Rental homes - Apartments - HOA’s (Homeowners Associations) 2. General Liability - Bodily injury - Personal injury - Negligence

Before

Before

(510)843-6904 www.albertnahmanplumbing.com

After

After

Fast, Competent and Quality Work at Reasonable Rates • • • • • • •

Apartment Cleaning and Janitorial Services Apartment Turnover Cabinet and Countertop Replacement Code Enforcement Compliance Complete Property Renovations Deck & Walkway Repair/Replacement Earthquake Retrofitting

• • • • • • •

Contact Us Today

Electrical Full Bathroom Remodel Full Kitchen Remodel Interior & Exterior Stair Replacement Plumbing Preventative Maintenance Rekeying–Locksmith Services

510-747-9713 info@aptmaintenanceinc.com www.aptmaintenanceinc.com

Seismic Retrofit Experts info

@w

cha

rles

per

4. Professional Liability - Association Managers - Property Management firms 5. Cyber Liability - Employee and internal risks - Malware, Ransomware - Hacking,Phishing - IT breach, incident management

CUSTOMIZED COVERAGE RICK CALLAWAY COMMERCIAL INSURANCE EXPERT

RCallaway@pdins.com

ry.c

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415

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W. CHARLES PERRY & ASSOCIATES ARCHITECTURAL ENGINEERING & CONSTRUCTION MANAGEMENT

925-686-2860 ext 4120

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ACTIVATE YOUR VOICE

COMPLETE ELECTRIC

License No. 797467

Seismic & General Contractors

1. EBRHA On Your Side Have you experienced a situation or ruling that you feel infringed on due process as a property owner? We constantly hear about outcomes that are just plain wrong. EBRHA collects member experiences in order to make changes to a broken and biased system. Tell us your story today at www.ebrha.com 2. Grand Jury Complaints This investigative body looks at complaints received from citizens alleging mistreatment by officials, suspicion of misconduct, or government inefficiencies. To file a complaint, send an email to grandjury@acgov.org.

3. Attorney Complaints The Office of Chief Trial Counsel reviews complaints of unethical conduct by attorneys licensed to practice in California (this includes Rent Board hearing officers and tenant attorneys engaged in suspicious misconduct). To file a complaint, go to www.calbar. ca.gov, find the “Quick Links” on the left side, and then click on “Attorney Complaints” and complete the application.

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

Conform To Soft Story Apartment Building Seismic Ordinance San Francisco, Alameda, Oakland & Berkeley

UPCOMING WORKSHOP

• Successful track record of seismic retrofitting numerous soft-story apartment buildings in the Bay Area.

•

Exit signs and Emergency back-up fixtures, Emergency calls, Expert trouble-shooting, Main service upgrades, Fuse boxes changed to breakers, GFCI plugs installed, Plugs grounded, Circuits added, Security lighting, Ambiance lighting, Garden/pathway lighting, Home and office remodels.

construction—all under one company.

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

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

A design-build company.

For inquiries, please contact Homy Sikaroudi, PhD, PE

RPM 101 Duration of the Tenancy DATE & TIME WEDNESDAY, FEBRUARY 19, 2:00 P.M. - 3:00 P.M.

Lic. # 966283 Clay Bartley • (510) 325-7462 cmpltelctrc@gmail.com www.complete-electric.org

RESENTED BY P C ARMEN MADDEN, EBRHA BOARD MEMBER PRICE FREE TO EBRHA MEMBERS $69 FOR NON MEMBERS

TO SEE EBRHA’S FULL CALENDAR OF EVENTS, TURN TO PAGE 36 OR GO TO WWW.EBRHA.COM Unless noted, all workshops are held at

3664 Grand Avenue • Suite B | Oakland, CA 94610 EBRHA IS HERE FOR YOU. KEEP US INFORMED ON ANY COMPLAINTS FILED WITH THESE AGENCIES.

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

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RENTAL HOUSING 35

community calendar

EVENTS & CLASSES

February

March

TUESDAY, FEBRUARY 5TH Effective Communication With Your Tenants Presented by: Attorney Brent Kernan, EBRHA Board Member Topic: This new course offers insights into communicating with your tenants to get what you want and avoid what you don’t. It demonstrates strategies for dealing effectively with certain types of tenant personalities. It will cover written communications on such topics as fire safety, rent arrears, back rent payment plans, no smoking policies, and more.

EBRHA Members Only 4 p.m. - 5 p.m.

TUESDAY, FEBRUARY 11TH Small Property Owner Roundtable Presented by: Wayne Rowland, EBRHA Board President Topic: The Small Property Owner Roundtable is a casual meeting to discuss issues, experiences and solutions to common - or perhaps not so common - problems many of you may be facing.

EBRHA Members Only 4 p.m. - 5:30 p.m.

WEDNESDAY, FEBRUARY 19TH RPM 101 Duration of the Tenancy Presented by: Carmen Madden, EBRHA Board Member Topic: ADU Panel – featuring, Joshua Polston EBRHA Board Member, Darin Ranelletti- City of Oakland, Policy Director for Housing Security , Mandana Arjmand, Attorney Beckman, Feller & Chang, Homayoun Sikaroudi - West Coast Premiere Construction, Inc. Free to EBRHA Members, Non-Members: $69 2 p.m. - 3 p.m.

TUESDAY, MARCH 3RD Small Property Owner Roundtable Presented by: Wayne Rowland, EBRHA Board President Topic: The Small Property Owner Roundtable is a casual meeting to discuss issues, experiences and solutions to common - or perhaps not so common - problems many of you may be facing.

EBRHA Members Only 4 p.m. - 5:00 p.m.

TUESDAY, MARCH 11TH Complying with Statewide Rent Control for 2020 Presented by: Attorney Brent Kernan, EBRHA Board Member Topic: This new class will focus on new housing laws in the new year. Such as AB 1482.

EBRHA Members Only 2 p.m. - 3 p.m.

WEDNESDAY, FEBRUARY 18TH Rental Property Management (RPM) 102 Presented by: Aaron Young, EBRHA Board Member Topic: Rental Agreements & Addenda, Rent Control vs. Rent Regulation, Habitability Issues, Managing the Tenancy Free to EBRHA Members, Non-Members: $69 2 p.m. - 3 p.m.

SATURDAY, FEBRUARY 21ST EBRHA Member Meeting Presenttations: Frank Pare – PF Wealth Management Group, LLC Topic: Frank will discuss retirement and savings strategies.

Enjoy a complimentary continental breakfast EBRHA Members Only Networking 9:30 a.m. I Meeting: 10 a.m. - Noon

SATURDAY, FEBRUARY 22ND EBRHA Member Meeting Presenttations: Eileen Nestor - East Bay Municipal Utility District Enjoy a complimentary continental breakfast EBRHA Members Only Networking 9:30 a.m. I Meeting: 10 a.m. - Noon Voting 11 a.m. - Noon

WEDNESDAY, MARCH 25TH Property Management Q & A Presented by: Judy Shaw, EBRHA Board Member Come and get answers to property management questions from expert Judy Shaw.

EBRHA Members Only 2 p.m. - 3:30 p.m.

WEDNESDAY, FEBRUARY 26TH Property Management Q & A Presented by: Judy Shaw, EBRHA Board Member Come and get answers to property management questions from expert Judy Shaw.

EBRHA Members Only 2 p.m. - 3:30 p.m.

THURSDAY, MARCH 26TH Member Mixer Mixers provide EBRHA members with an opportunity to learn and network with other members, staff and board. Join us!

Location: Aisle 5 EBRHA Members Only 5:00 p.m. - 7:00 p.m.

Oakland RENT ADJUSTMENT PROGRAM FEE

Annual fees are $68 per unit and are due March 1. However, this fee has just been increased to $101. Owners are currently allowed to pass through $34 to tenants.

BUSINESS TAXES & REGISTRATION

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

www.ltss.oaklandnet.com LANDLORD PETITION FOR EXEMPTIONS

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

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2019-20 (3.5%) A CPI increase of 3.5% becomes effective on July 1, 2019. 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.

PERIOD

AMOUNT (%)

JULY 1 ‘19 - JUNE 30 ‘20 . . . . . . . . . 3.5 JULY 1 ‘18 - JUNE 30 ‘19 . . . . . . . . . 3.4 JULY 1 ‘17 - JUNE 30 ‘18 . . . . . . . . . 2.3 JULY 1 ‘16 - JUNE 30 ‘17 . . . . . . . . . 2.0 JULY 1 ‘15 - JUNE 30 ‘16 . . . . . . . . . 1.7 JULY 1 ‘14 - JUNE 30 ‘15 . . . . . . . . . 1.9 JULY 1 ‘13 - JUNE 30 ‘14 . . . . . . . . . 2.1 JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0 JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0 JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7 JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7 JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2 JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3

CAPITAL IMPROVEMENTS INCREASE

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

FORMULA FOR FURTHER INFORMATION CONTACT:

(70 % of Improvement Costs ÷ Number of Units)

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

Useful Life of Improvement* *REFER TO ORDINANCE FOR NOTICING, QUALIFICATIONS AND AMORTIZATION PERIODS. SEE USEFUL LIFE CHART ON CITY OF OAKLAND WEBSITE.

Berkeley RENT STABILIZATION BOARD FEES

Annual fees are $270 per unit and are due July 1.

RATES OF ANNUAL PAYMENT OF SECURITY DEPOSIT INTEREST PERIOD AMOUNT BERKELEY RATES

DEC. 2018. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2016. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2015. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2014. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3% FEDERAL RESERVE RATES

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

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

ANNUAL ALLOWABLE RENT INCREASE

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

ANNUAL ALLOWABLE RENT INCREASE

2020 (2.1%) PERIOD AMOUNT

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.

2020. . . . . . . . . . . . . . . . . . . . . . . . 2.1% 2019. . . . . . . . . . . . . . . . . . . . . . . . 2.5% 2018. . . . . . . . . . . . . . . . . . . . . . . . 2.3% 2017. . . . . . . . . . . . . . . . . . . . . . . . 1.8% 2016. . . . . . . . . . . . . . . . . . . . . . . . 1.5% 2015. . . . . . . . . . . . . . . . . . . . . . . . 2.0% 2014. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7% 2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6% 2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7% 2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2% 2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6% 2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9% (1% + $3 IF TENANCY CREATED AFTER JAN. 1999) *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT. FOR FURTHER INFORMATION CONTACT:

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

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vendor directory — CONTACTS, PRODUCTS & SERVICES ACCOUNTING & TAX

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

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

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

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

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

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

APPLIANCE SALES & PARTS

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

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

APPRAISERS

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

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

The Shepherd Law Group Michael Shepherd | 510-531-0129 www.theshepherdlawgroup.com Zacks, Freedman & Patterson, PC Scott Freedman | 415-956-8100 www.zfplaw.com ATTORNEYS — LAND USE/CONDO CONVERSION

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

ASSOCIATIONS

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

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

Bridges Association of Realtors Davina Lara | 510-836-3000 oaklandberkeleyaor.com

Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com

Oakland Chamber of Commerce Barbara Leslie | 510-874-4808 www.oaklandchamber.com ATTORNEYS — EVICTIONS/PROPERTY OWNER DEFENSE

Beckman, Feller & Chang P.C. Fred Feller | 510-548-7474 www.bfc-legal.com Bornstein Law Daniel Bornstein | 510-836-0110, x1007 www.bornsteinandbornstein.com

BANKING/LENDING

Bridge Bank Dale Marie Golden | 510-899-7536 dale.golden@bridgebank.com Chase Commercial Josh Milnes | 510-891-4545 josh.milnes@chase.com Chase Commercial Ted Levenson | 415-945-5430 ted.levenson@chase.com Chase Bank Neil O’Callaghan | 415-315-8901 neil.ocallaghan@chase.net First Foundation Bank Michelle Li | 510-250-8133 www.ff-inc.com Luther Burbank Savings Gabriel Basso | 510-601-2400 gbasso@lbsavings.com Pacific Western Bank Marc Lipsett | 510-332-6964 www.pacificwesternbank.com BATHROOM/KITCHEN REMODELING & BUILDING SUPPLIES

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

American Bath Enterprises, Inc. Larry Arcadi | 510-785-2600 www.americanbathind.com

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

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

ATTORNEYS — REAL ESTATE/CORP.

Burnham Brown Charles Alfonzo | 510-835-6825 www.burnhambrown.com

Ashby Lumber Paul Heiser | 510-843-4832 www.ashbylumber.com D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com

vendor directory APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com BayPro Property Solutions, Inc. Sergio Rodriguez | 925-895-7898 sergio@bayprosolutions.com D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com 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 510-223-1279 or 877-437-9225 (toll free) www.bayareafloodrepair.com Emergency Services Restoration Maria Perez | 800-577-7537 www.esr24.com HARBRO Emergency Services & Restoration Malcolm Stanley | 650-670-2364 malcolm.stanley@harbro.com P.W. Stephens Environmental Steve MacFarlane | 510-651-9506 www.pwsei.com Servpro of Lafayette/Moraga/Orinda Jenny Villena | 925-299-1323 servpro9542@sbcglobal.net

Burnham Brown Charles Alfonzo | 510-835-6825 www.burnhambrown.com

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

Dennis Phillips 510-816-4306 www.dapesq.com

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

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

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

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

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

A-One Construction Ginny Graydon | 510-347-5400 www.a-oneconstruction.com

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

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

Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com

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

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

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KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Sincere Home Decor Hei Chan | 510-835-9988 www.sincerehomedecor.com CONSTRUCTION

DOORS & GATES

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

Complete Electric Clay Bartley | 510-325-7462 www.complete-electric.org

ELEVATOR REPAIRS

HUMAN RESOURCES MANAGEMENT

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

Paramount Elevator Corp.

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

INDOOR AIR QUALITY/MOLD & ODOR REMOVAL

FINANCIAL PLANNING

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

ECS Group, Inc. Shawn Rau | 707-732-3370 shawn@ecsgroup.net East Bay Indoors Howard Oliver | 510-666-6711 www.ebindoors.com

FIRE PROTECTION

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

INSPECTIONS

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

FLOOR COVERINGS

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

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

FURNITURE MANUFACTURE

Zuo Serena Martin | 510-877-4087 www.zuomod.com

INSURANCE

AAA - NCNU (Oakland Rockridge) Sherri Kamaka | 510-350-2060 sherrianne.kamaka@norcal.aaa.com

GOVERNMENT AGENCIES

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

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

HANDYMAN SERVICES

APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey | 510-727-9128 cpmbailey@sbcglobal.net

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

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

The Greenspan Co./Adjusters Int’l.

Rich Hallock | 866-331-4790 www.greenspan-ai.com PFN Insurance Services Nicholas Penland | 510-483-6667 www.pfninsurance.com

HAULING SERVICES

HEATING & AIR CONDITIONING

Gordon Insurance Pamela Hutchins | 877-877-7755 www.gordoninsurance.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 Pacific Diversified Insurance Richard Callaway | 925-788-5558 rcallaway@pdins.com INTERNET & PHONE SERVICE PROVIDERS

Common Networks Hamilton Family Center – First Avenues Allan Ng | 510-480-6732 Mayo Lunt | 510-763-8540 www.commonnetworks.com www.hamiltonfamilycenter.org Sonic Abode Services Leah Gulley | 707-237-2459 Audrey Kwon | 510-657-7409 x232 www.sonic.com www.abodeservices.org ebrha.com

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vendor directory

vendor directory Western Exterminator Company Steve McHenry | 510-606-0602 www.westernexterminator.com

INTERCOMS & ACCESS CONTROLS

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

PLUMBING/WATER HEATERS

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

INVESTMENT OPPORTUNITIES

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

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

LAUNDRY EQUIPMENT

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

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

Innovative Coin K.P. Forrest | 510-259-1494 www.innovativelaundry.com

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

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

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

LAUNDRY MACHINE PAYMENTS BY SMARTPHONE

PROPERTY MAINTENANCE

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

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

LEAD, MOLD & PEST MANAGEMENT

Alameda County Healthy Homes Dept.

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

SpottCheck Consulting Susan Spott | 510-816-1452 www.spottcheck.com PACKAGE LOCKERS & DELIVERY MANAGEMENT

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

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

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

PAINTERS

ALP Construction & Painting Adrian Perez | 925-567-4777 www.alpconstructionca.com Majestic Painters Nick Capurro | 925-336-0526 www.majesticpainters.com PEST & VECTOR CONTROL

PROPERTY MANAGEMENT

Bay Property Group Daniel Bornstein | 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner | 510-428-1864 www.beaconprop.com

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

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

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

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

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

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

Lapham Company Jon M. Shahoian | 510-594-7600 www.laphamcompany.com

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

Marquardt Property Management Karen or Judi Marquardt | 510-530-2050 www.mpmoakland.com

Lapham Company Tsegab Assefa | 510-594-0643 www.laphamcompany.com

Mynd Stacy Winship | 510-455-2667 www.mynd.co OMM Inc./Mason Management Janice Mason | 510-522-8074 www.ommhomes.com PTLA Real Estate Group Page Roberson | 925-937-7400 www.ptlareg.com Seville Real Estate and Management Maya Clark | 510-244-1289 www.sevillepropertymanagment.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 - VP John Caronna | (415) 531-5225 jcaronna@nainorcal.com

Sphinx Property Management Jon Goree | 510-798-9299 www.sphinxpm.com

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

Vision Property Management Frank Thomas | 510-926-4104 www.vpmpropertymanagement.com

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

Wellington Property Company Jillian Loh | 510-338-0588 www.wellingtonpropertyco.com

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

Western Management Property, Inc Leslie Penglis | 510-451-7194 www.westernmp.com

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

REAL ESTATE BROKERS & AGENTS

Red Oak Realty Vanessa Bergmark | 510-292-2000 vanessa@redoakrealty.com Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com

California American Exterminator Tami Stuparich | 831-338-4800 www.calamericanext.com

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

ARA Newmark Ryan Denman | 415-430-1031 www.aranewmark.com/norcal

Terminix Robert Sater | 510-489-8689 www.terminix.com

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

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

Six Degrees Realty Stephanie Christmas | 510-461-4663 www.stephaniechristmas.com

4Crane Management Kit Crane | 510-918-2306 www.cranemanagment.net

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

Woodminster Real Estate Co Inc. Nicholas Drobocky | 510-336-0202 www.woodminsterrealty.com

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SEISMIC ENGINEERING

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

RENT CONTROL CONSULTANTS

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

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

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

Edrington and Associates Steven Edrington | 510-749-4880 steve@edringtonandassociates.com Rent Board Matters Liz Hart | 510-813-5440 liz.hart1801@gmail.com

SUSTAINABLE ENERGY

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

St. John & Associates Lee & Associates Commercial Real Estate Michael St. John | 510-845-8928 www.stjohnandassociates.net Michael Lopus | 925-239-1424 mlopus@lee-associates.com

Shaw Properties Judy Shaw | 510-665-4350 www.shawprop.com

Woodminster Property Management Nicholas Drobocky | 510-336-0202 www.woodminstermanagement.com

RENT & MARKET RESEARCH

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

Sharon Medairy, Realtor® Real Estate Source, Inc. | 510-517-9969 www.medairy.net5

TENANT SCREENING SERVICE

RENTAL SERVICES

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

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

Ken Betts Towing Service Ayub Azam | 510-532-5000 www.kenbettscompany.com

ROOFERS

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

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

TREE SERVICE

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

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

Frank Fiala Roofing Frank Fiala | 510-582-6929 www.ffialaroofing.com

WASTE & RECYCLING MAINTENANCE

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

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

Clean Waste Revolution LLC Trivia Flowers | 510-565-4282 www.cleanwasterev.com

SECURITY/SURVEILLANCE

Bastion Security David Raske | 800-783-5700 draske@bastionsecurity.com

Copia Resources, Inc. Stephanie Layman | 925-453-9495 www.copiaresources.com

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

Trashlogic, LLC Lainika Johnson | 888-384-3131 www.trashlogic.com

Stealth Monitoring Alex Godwin-Austen | 925-200-0823 aausten@stealthmonitoring.com

TrashScouts Peter Gella | 510-788-0462 www.trashscouts.com www.bawaste.com

SEISMIC CONSTRUCTION

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

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