Rental Housing

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | OCTOBER 2012

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Contents

East Bay Rental Housing Association

OCTOBER 2012

Volume IX, Number 10 October 2012 EBRHA OFFICE

360 22nd Street, Suite 240 Oakland, CA 94612 tel 510.893.9873 fax 510.893.2906 www.ebrha.com

Features

EBRHA STAFF DIRECTOR OF OPERATIONS | Cathy Hayden

chayden@ebrha.com | x1 DIRECTOR OF COMMUNITY AFFAIRS | Jill Broadhurst

jbroadhurst@ebrha.com | x4 DIRECTOR OF ADVERTISING SALES | Tina Bocheff

tbocheff@ebrha.com | x5 PUBLICATIONS & COMMUNICATION PRODUCER

Esteban Cortez | ecortez@ebrha.com | x6 MEMBER SERVICES, EDUCATION & ACCOUNTING Danielle Walker | dwalker@ebrha.com | x2 EBRHA OFFICERS PRESIDENT Bill Bagnell 1ST VICE PRESIDENT Irina Gelfenbeyn 2ND VICE PRESIDENT Luke Blacklidge TREASURER Conor Murphy SECRETARY Jack Schwartz

Daniel Bornstein, Grant Chappell, Link Corkery, Fred Morse, Rick Philips, Wayne Rowland, Judy Shaw

10

14

All in the Family

Oakland City Council Set for Makeover

BY ESTEBAN CORTEZ

BY WAYNE C.

18

ROWLAND

PUBLISHED BY

Wayne C. Rowland PRODUCED BY

EBRHA Communications Committee Tina Bocheff, Daniel Bornstein, Esteban Cortez, Irina Gelfenbeyn, Wayne C. Rowland EDITOR Tina Bocheff ART DIRECTOR & PRODUCTION Esteban Cortez ADVERTISING

Tina Bocheff | 510.318.8303

The Cheat Sheet

BY PAUL JUNGE

Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 360 22nd Street, Suite 240, Oakland, CA 94612.

Columns 8

6 2

28

30

NEWS

Berkeley Rent Board Speaks Out Competition Boosts Sales

BY LINK CORKERY

BY CLIFFORD E. FRIED

OCTOBER 2012

Green Labels Provide Market Premium

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

SLAPP Strikes Back

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THE GREEN SHEET

Events & Directory

COURT TALK

4 RENTAL HOUSING

A Pile of Junk

BY VARIOUS AUTHORS

34

MARKET CONDITIONS

ESQ. & A

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ebrha.com

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

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

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

Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright Š 2012 by EBRHA. All rights reserved.

COVER PHOTO: DANIEL PARKS; THIS PAGE: ESTEBAN CORTEZ; DANIEL RAMIREZ; FLICKR PHOTO BY GLOBAL X

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contributors

PROTECT YOUR BOTTOM LINE

PAUL JUNGE Paul has been the Public Policy Director of the Oakland Metropolitan Chamber since early 2011. Paul monitors state and local government and speaks out frequently on issues important to business. Prior to his work at the Chamber, Paul was a staff member for a U.S. Senator, a television news anchor and reporter, a deputy district attorney and worked for many years for a government contractor. Paul earned his BA at U.C. Berkeley and has both a law degree and an MBA.

WAYNE C. ROWLAND Wayne is an active EBRHA board member and is an avid representative of EBRHA issues in the community. He purchased his first property a year out of college and has over 30 years of real estate investment experience. He is a graduate of San Francisco State University with a degree in finance.

CLIFFORD FRIED Clifford Fried is a real estate attorney with expertise in landlord/tenant law, eviction and rent control matters in Oakland and the Bay Area. He and his law firm represent residential landlords only and are one of the largest such firm in Northern California. He has processed nearly 10,000 evictions in his career and has authored several books on evictions and hundreds of published articles on rental property ownership. Besides handling all types of real estate disputes, Clifford and his firm handle complex rent control matters, difficult evictions and they defend landlords in lawsuits filed by tenants and government agencies for rent control violations, habitability, and housing discrimination.

Link Corkery is a Realtor, EBRHA board member, chair of EBRHA’s market conditions committee and president of Property Counselors Link Corkery, Inc. He has specialized in the sale and exchange of apartment buildings since 1978. He has a BA from Michigan State University and he’s based in Castro Valley, where he lives with his wife and three sons. His interests include skiing, computers, reading, Ireland and travel.

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OCTOBER 2012

TENANT SCREENING Call Today 510.893.9873

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Partnered with Contemporary Information Corp. (CIC), resident screening has one objective: to make sure your leasing decisions make the greatest possible contribution to your bottom line. As of April 2009, landlords can collect a maximum of $42 for an application fee.

MEMBER PRICING Basic Report . . . . . . . . . . . . $13 Telecheck. . . . . . . . . . . . . . . . $6 Criminal and DMV checks are available, as well as social security traces.

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news

COLUMN

ing. The ads are just one element in a suite of new advertising tools that also includes a new brochure promoting apartments as the building blocks of the economy, local communities and quality lifestyles. Member firms and local apartment associations are encouraged to use the ads for their own public relations efforts. The ads can be found on the NAA website.

Apartments in Emeryville’s Bay Street shopping center

Startup Strives to Improve Apartment Listing

Berkeley Rent Board Speaks Out published its response to the recommendations featured in the critical report published by the Alameda County Grand Jury in June. Among the responses, the board disagreed with the claim that the board’s executive director is overpaid and will not reduce his $183,000 salary. However, the board will conduct an annual assessment of his performance in addition to the full-scale review it now does every three years.

The board also claimed that fees are higher in Berkeley than in Los Angeles because Berkeley’s program is more effective and has higher costs.

The board also agreed to commission an outside expert or peer review by staff of another rent stabilization program to review the appropriateness of its workload and staffing.

Despite agreeing to those changes, the Rent Stabilization Board disagreed with the tone and conclusions of the Grand Jury Report, which stated the board was a “self-sustaining bureaucracy that operates without effective oversight and accountability.”

THE BERKELEY RENT STABILIZATION BOARD

NAA Pushes ProApartment Message As part of their stepped-up public

relations initiatives, the National Apartment Association and the National Multi Housing Council ran two of their proapartment ads in the influential publications Politico and National Journal at the

8 RENTAL HOUSING

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OCTOBER 2012

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Republican and Democratic National Conventions. The ads were seen by all convention attendees on the morning of each party’s presidential nomination speech—the most important day of each convention. The ads are part of a six-advertisement portfolio showing not only that apartments create jobs but also that changing demographics and lifestyle preferences strongly favor rental hous-

ebrha.com

can make apartment hunting easier and that landlords, property managers and brokers who are looking for ideal candidates can clear through the clutter by listing on www.Zumper.com. Although it is still in the beginning phase, Zumper’s CEO and staff say they are committed to making the website work. Staff says that aside from building a beautiful website, they think that the website is significantly faster and more intuitive than any apartment site out there.

To search for listings, apartment hunters need to enter a few details such as price and neighborhood, and they’re then shown listings that are plotted in Google Maps.

If more than one unit is available in any given area, they’re clustered together and denoted with the number of units available.

Otherwise, they’ll just see the unit price. All apartments listed are no more than five days old or as fresh as an hour old. Listings also include a bevy of photos, descriptions for both the unit and neighborhood, along with stats like the number of baths and square footage. Users can favorite neighborhoods, for instance, for a customized news feed that’s refreshed every five minutes. Each neighborhood page lists the number of types of units available (studios, one bedroom, etc.) so users can skim at their convenience. Zumper also features a private messaging system, as opposed to Craigslist’s email system. Zumper’s team consists of Anthemos Georgiades, who comes from a real estate family, as well as Taylor Glass-Moore, a San Francisco native and real estate broker for more than seven years. If a broker or property manager is interested in posting apartments to Zumper, they should email hello@zumper.com to join.

Source: Peter Ha / www.techcrunch.com

PHOTO: ESTEBAN CORTEZ

The Startup website Zumper claims it

Support Grows for Federal Building Energy Efficiency Policy

Historic low rates for apartment building owners and investors.

although congress has been unable

to pass a comprehensive energy bill, both chambers remain actively engaged in legislation that includes building energy efficiency, making it a key agenda item for the next Congress. In July, the House Energy and Commerce Committee held a hearing on a modified version of the Smart Energy Act (H.R. 4017). Although the bill’s focus is on energy efficiency in federally owned buildings, it also promotes best practices for advanced utility metering and energy management and data collection that would serve as important models for the private sector. However, the modified bill backed off support of the Department of Energy’s (DOE) building retrofit financing program in light of DOE’s controversial loan guarantee program, which funded the failed Solyndra company. In the Senate, the Energy Savings and Industrial Competitiveness Act of 2011 (S. 1000), which includes measures to increase DOE’s role in the development of building energy codes, was offered as an amendment to a muchsupported bill on cybersecurity. While the amendment ultimately failed, this action shows members’ determination to have the Senate consider the issue. In addition, the Energy and Natural Resources Committee held a hearing in June to review non-federal financing programs for energy efficient building retrofits.

New Report Shows Green Homes Are In A recently published report is the

first study to provide statistical evidence that, holding other factors constant, a green label on a single-family home in California provides a market premium compared to a comparable home without the label.

The research also indicates that the price premium is influenced by local climate and environmental ideology. This study finds that California homes labeled by Energy Star, LEED for Homes and GreenPoint Rated sell for 9 percent more than comparable, non-labeled homes.

To read more, see “The Green Sheet” on page 34. RH

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OCTOBER 2012

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RENTAL HOUSING 9

COLUMN

community partner

of the original owners’ home and then moved to a building on 36th Avenue in Oakland. Today, their 15,000 square foot warehouse and showroom is located just off Interstate 880 on Independent Road in East Oakland.

Ken and Kerry said they’ve maintained great relationships with customers, which they say builds trust and loyalty, and keeps them coming back.

“We’ve worked with some customers for more than 20 years, and some followed us from previous employers,” Kerry Two East Bay natives joined forces to provide said. “We’ve seen our customers get marextraordinary service and lifelong relationships. ried and start families, and then saw their

BY ESTEBAN CORTEZ kids get married. We’ve shared our lives with many customers and have relationships that span generations.”

One thing that often shocks people about Ken and Kerry is that they are just friends and business partners.

“We are a family business, but a combination of two families. We’re not married to each other, which surprises some people,” she said, adding that Ken has been married to his wife, Carole, for 40 years. She too works as needed in the business. “In this day and age, you’d think that people might be used to a man and woman working together, but people are still surprised.”

Of their combined family, Kerry said many of their customers still rememKen Scott and Kerry Plain of ber her son Jimmy as a toddler running Bay Area Contract Carpets around the warehouse. Most are shocked when they realize he is 20 years old and in hen Kerry Plain graduated college now, and works in the warehouse property I needed,” Ken said. from college in 1974, she during vacations from school. Scott’s two “He was the carpet cop,” Kerry said immediately took a job with sons, Kevin and John, a­ nd his daughter jokingly. “Nobody leaves the carpet an East Bay flooring distributor selling Sarah also work at Bay Area Contract industry once they’ve started!” tools, adhesives and other supplies to Carpets, and have since they were in During his 22 years with OPD, he floor covering installers. It was during junior high. Now in their 30s, customenjoyed success as a police officer, but that time that she met Ken Scott, a carpet always felt that he would return full time ers have watched this next generation of installer and now her 20-year business Scotts grow, as well as start families of to the carpet industry. After retirement partner at Bay Area Contract Carpets their own. from the Department in the mid-90s, he Inc. in Oakland.

Ken and Kerry both feel that family returned when he and Kerry bought Bay Ken began laying carpet around 1972, Area Contract Carpets from the original defines their business, be it their families’ but a few years later, decided to join the involvement in the comowners. They felt it was Oakland Police Department. Although he a wise business choice to “We’ve seen our cus- pany, the long relationwanted to take a break from the carpet ships they’ve built with keep the name “Bay Area tomers get married industry, he continued to install carpet customers and their Contract Carpets,” which and start families,” for his friends and co-workers. He was families, or the close had been established since Kerry said. “We’ve even able to incorporate the two careers. relationships Bay Area 1971, and was a name shared our lives with “When working narcotics, if I was Contract Carpets’ longthat people recognized customers and have in uniform, no one would let me into a term employees share. and trusted. relationships that property, but carry a carpet sample and Ken and Kerry both Bay Area Contract a tape measure and I could get into any span generations.” enjoy spending time with Carpets Inc. started out

All in the Family

10 RENTAL HOUSING

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OCTOBER 2012

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ebrha.com

PHOTO: ESTEBAN CORTEZ

W

UPCOMING EBRHA WORKSHOPS & CLASSES Landlord 101 D ATE & TIME WEDNESDAY, OCTOBER 3; 1:00 P.M. - 2:30 P.M.

SPEAKER Danielle Walker, EBRHA

TOPICS • New EBRHA Website

• Member Benefits You May Not Know About • New Laws for 2012 • Tenant Screening Program Sign-Up • Potential Tenant—Application Process • Fair Housing Laws & Practices • Cost of Eviction

Landlord 102 D ATE & TIME TUESDAY, OCTOBER 9; 1:00 P.M. - 2:30 P.M.

SPEAKER Danielle Walker, EBRHA

TOPICS • New Laws: Business License & Oakland Rent Board Fee

• Lease Agreement • Security Deposits • Move-in Move-out Form • Rent Increases • Oakland’s Notice of the Rent Adjustment Program (RAP Form)

• Addendums

• Notices: Notice to Cease; Three-Day Notice to Pay Rent or Quit; 24-Hour Notice to Enter Dwelling Unit

Gaining Access Into Tenants’ Units D ATE & TIME TUESDAY, OCTOBER 16; 1:00 P.M. - 2:30 P.M. SPEAKER Clifford Fried, Fried & Williams LLP

TOPICS • Law of Access

• No one home?

• Evictions based on denial of access • Paying for tenant cooperation

Correct Usage of Legal Notices D ATE & TIME TUESDAY, OCTOBER 30; 6:00 P.M. - 7:30 P.M. SPEAKER Daniel Bornstein, Bornstein & Bornstein

TOPICS • Determining which notice to use

• Proper drafting/service of a notice • Writing a letter versus serving a notice • Monitoring compliance with a notice • Expiration of a notice and subsequent investigation • Failure to cure and ensuring eviction All classes and workshops are held at the EBRHA Education Center 360 22nd St., Suite 240, Oakland Cost (per class/workshop) Members: free, Non-members: $49 Registration Danielle Walker, dwalker@ebrha.com, 510.318.8300

12 RENTAL HOUSING

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OCTOBER 2012

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ebrha.com

their families and friends in their spare time. All of the Scott family lives in the Bay Area, including Ken’s brothers and sisters, which he thinks is very fortunate.

They also love living, working and spending time in the East Bay. “The Bay Area has been very good to us. Property managers, realtors and owners in Oakland and the Bay Area are our bread and butter,” Kerry said.

Kerry praises the East Bay, which she says is close to many great destinations and has perfect weather. She was born and raised in Alameda, and Ken is from San Lorenzo.

As well as being longtime members and supporters of EBRHA, Ken and Kerry choose to get involved with other local rental housing organizations to meet their customers face-to-face. Most of their business is in multifamily and property management, so they value their membership with EBRHA. They also appreciate that many of their customers trust them to make decisions about products and trust their record keeping. They explained that while properties go through various owners or managers through time, customers often rely on Bay Area Contract Carpets to maintain flooring records for various properties. For example, customers often call and ask when a unit’s carpet was last replaced, and Bay Area Contract Carpet employees can tell them the date, color, type and cost of the last replacement. It also allows them to choose proper products for inventory when they have a 15 to 20 year history of a particular property.

Aside from being reliable, they also strive to keep good communication, competitive pricing and customer service synonymous with Bay Area Contract Carpets.

“Floor covering has been a great industry to be involved in and we’ve had a great run,” Scott said. “Focusing on the income property and real estate facets has allowed us repetitive dealings with our target customers and allowed us the benefit of so many long term relationships.”

Both Ken and Kerry agree, Bay Area Contract Carpets enjoys a great reputation that took a lot of years and a lot of hard work to build, and it is well worth it.

They look forward to seeing the second generation continue the traditions alongside them. RH

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FEATURE

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ebrha.com

Oakland City Council set for a Makeover Learn why grass roots support of EBRHA members can be decisive.

BY WAYNE C. ROWLAND

T

PHOTO: DANIEL RAMIREZ

he political landscape of the city of Oakland is set to undergo the most significant change it has experienced in many years. Setting the change in motion are three incumbent city council members who have decided not to rerun for their current offices, two of these having set their sights on other elected offices and the other having decided to retire.

Council Member Jane Brunner, representing District 1, will be leaving her Council position to run for the office of City Attorney. She will be facing a very capable political opponent, current Oakland City Attorney Barbara Parker. Ignacio De la Fuente is leaving his seat, representing District 5, to run for the position of Council Member at Large. His major opposition is current officeholder Rebecca Kaplan. Nancy Nadel is retiring.

These moves open up three council seats to be filled by nonincumbents, setting the stage for what appear to be some pretty competitive races.

THE RACES FOR CITY COUNCIL In District 1, seven candidates have qualified to run for the soon-to-be vacant seat. They are child advocate Amy Lemley; California Forward policy director Richard Raya; environmental advocate Dan Kalb; accountant Len Rafael; electrical contractor Don Link; community activist Don Macleay; and attorney Craig Brandt.

The race in District 3 contains a similarly competitive roster of candidates, one of whom was runner up to current Council Member Nancy Nadel in the previous election. In 2008, youth advocate Sean Sullivan captured 27% of the vote to Nadel’s 51.65%. The other candidates are affordable housing and economic development advocate Lynette Gibson-McElhaney; entrepreneur and local activist Alex Miller-Cole; realtor Larry Lionel Young, Jr.; and Dr. Nyeisha Dewitt, program director of a city-wide dropout prevention program at Oakland’s Promise Alliance.

In the District 5 race, four candidates seek to become

Council Member Ignacio de la Fuente’s replacement. They are longtime Oakland School Board Member Noel Gallo; realtor Mario Juarez; artistic director of Pythia Arts Foundation Dawn McMahan; and general manager of a family business Shelly Garza.

The outcome of each of these three races will bring new faces to the Oakland City Council, so naturally a lot of attention has been given to each. But things could also be somewhat competitive in District 7, where incumbent Council Member Larry Reid has held office since 1997. He faces two challengers: community activists Beverly Williams and Sheryl Walton.

FUNDRAISING According to campaign finance reports Reid is being substantially outdistanced in fundraising by Walton. She has raised $27,670 for the first half of the year and currently has $26,230 on hand, while Reid has raised only $500 and has $1,237 in debt. This suggests that despite his incumbent advantage, Reid has a real challenge on his hands with Walton.

To be sure, not all of the candidates seeking these offices are well-funded. Some significantly lag their competitors in fund raising results. In District 3, for example, Sean Sullivan at midyear had $47, 981 on hand, while his nearest competitors in fundraising, Lynette McElhaney and Alex Miller-Cole, had $31,810 and $30,114 respectively; Dewitt had only $12,132.

And while success in fundraising is no guarantee of electoral success, in those races where no candidate has a significant advantage in name recognition, the ability to reach voters through pricey media exposure may prove pivotal.

THE ROLE OF EBRHA MEMBERS As with funding, not all the candidates have well staffed campaign organizations. In fact, most appear to be rather thin in this area. Yet the ability of candidates to reach voters through the efforts of volunteers can be significant. This is where the ebrha.com

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grass roots support of the members of organizations such as the East Bay Rental Housing Association (EBRHA) can be decisive.

EBRHA represents the interests of rental housing owners and is always interested in seeing that those interests are given fair consideration by elected officials and that we are given a seat at the table to discuss and provide input regarding regulation or legislation that may affect our efforts. To this end, members of our Government Affairs Committee have met with several of the candidates seeking election. Indeed, to date we have been fairly impressed by the overall quality of candidates currently running for office, and hope to meet with more candidates soon.

Our candidate meetings have several objectives. First, we want to be able to help the candidates understand who we are to get past the mischaracterizations that can occur when an industry is nameless and faceless. We want them to understand that the overwhelming majority of our members are small, local property owners rather than large out-of-town owners. We want them to know that we are sensitive to the impact of housing related rules that are initiated at city hall, and that unfair

rules related to rental housing — which often tend to become law — stand to hurt the local economy by harming us and all the tradespersons, merchants, local stores and businesses that depend on us for their livelihoods. We want them to know that we are an integral part of the health of the local economy.

Second, we want to gauge their knowledge of our industry.

We want to know their position on rent control, Measure EE and other areas of housing regulation. And while we don’t feel it necessary that any candidate be an expert in rental housing or agree with our positions 100% of the time, we do feel that it is important that they be open minded and willing to learn our perspective on housing related issues.

So far, our interviews have shown that the challenges faced by rental housing owners are not necessarily at the top of the priority list of most candidates. Most are not so keenly aware of the impact of local housing policy on the overall economic health of the city, such that they have developed specific housing policy positions that they have been able to share. Even so, most have demonstrated a willingness to listen and learn.

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What we have noticed on the priority list of all of the candidates is the issue of public safety in Oakland. This is a good thing. All of the candidates seem to understand that this is a huge priority for a majority of Oakland voters, and have accordingly crafted positions on what they feel should be done to achieve greater public safety.

Interestingly, these positions have not necessarily been comprehensively thought through, and in some instances, have left us grappling to understand the candidate’s position. For example, one of the candidates expressed concern that were he to publicly state the need for Oakland to have a larger police force, he would be compromising his candidacy. He expressed himself in terms of progressive voters being turned off by firm law and order positions. Others expressed their desire that Oakland have more police patrolling our streets, and told us that increasing the size of the police force is one of their objectives.

MAKING A FIRM, POSITIVE IMPACT As the political field has rarely been this wide open in Oakland,

with the possibility of such dramatic political change, we feel that it is important that our industry weigh in and make a firm and positive impact on the course of future events by supporting the candidates we feel will be best for Oakland. Our support can make a huge difference in any of these contests.

In the coming weeks, we will continue with our interviews and engage some of the candidates in follow-up discussions in an effort to get a greater understanding of their abilities and their positions on the issues of importance. It would be a nice and welcome change to be able to identify candidates who support our efforts to provide quality housing, who understand our issues, and who are willing to work with us in shaping housing policy that helps the city grow and prosper.

To the extent that we can find them, such individuals will get our appreciation, respect, and support in getting elected. RH Wayne C. Rowland is an active EBRHA board member and is an avid representative of issues in the community. He has over 30 years of real estate investment experience. He is a graduate of San Francisco State University with a degree in finance.

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FEATURE

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the

Cheat Sheet A guide on local and statewide ballot initiatives hitting your mailbox this month

BY PAUL JUNGE

T

his November, we are saddled with measures — or more appropriately, taxes — that start at the state level and work their way down to the local. While many of us are not opposed to more taxes, we all expect the services to be rendered. Some of these measures might strike up a case of déjà vu; voters might remember similar measures that date a few years back. As voters, EBRHA members will have definite choices to make and must realize that some of these measures are for long terms or even perpetuity. Many of the larger measures explain the amount of funding that will be applied, and in which jurisdiction and/or city.

Locally, we look for those measures that allow for pass-through to your renters, and although there are none in this group, it is extremely important to vote in the upcoming election. The following are some of the statewide and local measures featured in the November ballot. For more information, go to www.smartvoter.org.

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Proposition 30 - Temporary Taxes to Fund Education; Guaranteed Local Public Safety Funding (Governor Brown Tax Measure) Increases personal income tax on annual earnings over $250,000 for seven years. Increases sales and use tax by ¼ cent for four years. Allocates temporary tax revenues, 89 percent to K-12 schools and 11 percent to community colleges. Bars use of funds for administrative costs, but provides local school governing boards discretion to decide, in open meetings and subject to annual audit, how funds are to be spent. Guarantees funding for public safety services realigned from state to local governments. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased state revenues over the next seven fiscal years.

Estimates of the revenue increases vary—from $6.8 billion to $9 billion for 2012-13 and from $5.4 billion to $7.6 billion, on average, in the following five fiscal years, with lesser amounts

in 2018-19. These revenues would be available to (1) pay for the state’s school and community college funding requirements and (2) address the state’s budgetary problem by paying for other spending commitments.

Proposition 31 - State Budget; State and Local Government. Proponent: Sunne Wright McPeak c/o Robin B. Johansen and James C. Harrison

Establishes two-year state budget cycle. Prohibits Legislature from creating expenditures of more than $25 million unless offsetting revenues or spending cuts are identified. Permits Governor to cut budget unilaterally during declared fiscal emergencies if Legislature fails to act. Requires performance reviews of all state programs. Requires performance goals in state and local budgets. Requires publication of all bills at least three days prior to legislative vote. Gives counties power to alter state statutes or regulations related to spending unless Legislature or state agency vetoes changes within 60 days.

Proposition 32 - Prohibits Political Contributions by Payroll Deduction; Prohibitions on Contributions to Candidates. Proponent: Ashlee N. Titus c/o Thomas W. Hiltachk

Restricts union political fundraising by prohibiting use of payroll-deducted funds for political purposes. Same use restriction would apply to payroll deductions, if any, by corporations or government contractors. Permits voluntary employee contributions to employer or union committees if authorized yearly, in writing. Prohibits unions and corporations from contributing directly or indirectly to candidates and candidatecontrolled committees. Other political expenditures remain unrestricted, including corporate expenditures from available resources not limited by payroll deduction prohibition. Limits government contractor contributions to elected officers or officer-controlled committees. ebrha.com

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Proposition 33 - Changes Law to Allow Auto Insurance Companies to Set Prices Based on a Driver’s History of Insurance Coverage. Proponent: Mike D’Arelli

Changes current law to permit insurance companies to set prices based on whether the driver previously carried auto insurance with any insurance company. Allows insurance companies to give proportional discounts to drivers with some prior insurance coverage. Will allow insurance companies to increase cost of insurance to drivers who have not maintained continuous coverage. Treats drivers with lapse as continuously covered if lapse is due to military service or loss of employment, or if lapse is less than 90 days. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Probably no significant fiscal effect on state insurance premium tax revenues.

Proposition 34 - Death Penalty Repeal. Proponent: Jeanne Woodford c/o James C. Harrison

found guilty of murder and replaces it with life imprisonment without possibility of parole. Applies retroactively to persons already sentenced to death. Requires persons found guilty of murder to work while in prison, with their wages to be applied to any victim restitution fines or orders against them. Creates $100 million fund to be distributed to law enforcement agencies to help solve more homicide and rape cases.

Proposition 35 - Human Trafficking, Penalties, and Sex Offender Registration

Increases criminal penalties for human trafficking, including prison sentences up to 15-years-to-life and fines up to $1,500,000. Fines collected to be used for victim services and law enforcement. Requires person convicted of trafficking to register as sex offender. Requires sex offenders to provide information regarding Internet access and identities they use in online activities.

Repeals death penalty as maximum punishment for persons

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Proposition 36 - Three Strikes Law; Sentencing for Repeat Felony Offenders. Proponent: David Mills c/o Dan Newman Revises three strikes law to impose life sentence only when new felony conviction is serious or violent. Authorizes resentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and judge determines sentence does not pose unreasonable risk to public safety. Continues to impose life sentence penalty if third strike conviction was for certain non-serious, nonviolent sex or drug offenses or involved firearm possession.

Maintains life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, murder, or child molestation.

Proposition 37 - Genetically Engineered Foods; Mandatory Labeling. Proponent: James Wheaton

Requires labeling on raw or processed food offered for sale to consumers if made from plants or animals with genetic material changed in specified ways. Prohibits labeling or advertising such food as “natural.” Exempts foods that are: certified organic; unintentionally produced with genetically engineered material; made from animals fed or injected with genetically engineered material but not genetically engineered themselves; processed with or containing only small amounts of genetically engineered ingredients; administered for treatment of medical conditions; sold for immediate consumption such as in a restaurant; or alcoholic beverages.

Proposition 39 - Tax Treatment for Multistate Businesses; Clean Energy and Energy Efficiency Funding; Initiative Statute. Proponent: Joseph Caves

Requires multistate businesses to calculate their California income tax liability based on the percentage of their sales in California. Repeals existing law giving multistate businesses an option to choose a tax liability formula that provides favorable tax treatment for businesses with property and payroll outside California. Dedicates $550 million annually for five years from anticipated increase in revenue for the purpose of funding projects that create energy efficiency and clean energy jobs in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Approximately $500 million in additional state General Fund revenues in 2012-13 and $1 billion each year thereafter from requiring a single sales factor formula for corporate taxes, with about half of the additional annual revenues from 2013-14 through 2017-18 supporting energy efficiency and alternative energy projects.

Increased Proposition 98 minimum funding guarantee for K-14 schools of roughly $225 million annually from 201213 through 2017-18 and by roughly $500 million each year thereafter, as a result of additional state General Fund revenues.

Proposition 40 - Redistricting; State Senate Districts; Referendum. Proponent: Julie Vandermost c/o Charles H. Bell, Jr.

BITS AND BYTES Proposition 38 - Tax for Education and Early Childhood Programs; Initiative Statute. Proponents: Molly Munger, Roberta B. Johansen, James C. Harrison c/o Remcho, Johansen & Purcell, LLP

State Senate districts are revised every ten years following the federal census. This year, the voter-approved California Citizens Redistricting Commission revised the boundaries of the 40 Senate districts. This referendum petition, if signed by the required number of registered voters and filed with the Secretary of State, will: (1) Place the revised State Senate boundaries on the ballot and prevent them from taking effect unless approved by the voters at the next statewide election; and (2) Require court-appointed officials to set interim boundaries for use in the next statewide election.

Increases personal income tax rates for annual earnings over $7,316 using sliding scale from .4% for lowest individual earners to 2.2% for individuals earning over $2.5 million, ending after 12 years. During first four years, 60% of revenues go to K-12 schools, 30% to repaying state debt, and 10% to early childhood programs. Thereafter, allocates 85% of revenues to K-12 schools, 15% to early childhood programs. Provides K-12 funds on school specific, per-pupil Measure A1 (Alameda County) – Oakland Zoo – basis, subject to local control, audits, and public input. ProParcel Tax. Oakland Zoo Humane Animal Care/ hibits state from directing or using new funds. Estimate by Education Protection Measure Legislative Analyst and Director of Finance of fiscal impact To maintain/upgrade humane animal care and basic needs increased state personal income tax revenues beginning in (food, medical, heating, cooling, safe enclosures); retain vet2013 and ending in 2024. Estimates of the increases vary erinarians/animal specialists; care for wounded/endangered from $10 billion to $11 billion per fiscal year beginning animals; support wildlife conservation; maintain children’s in 2013-14. General Fund savings on debt-service costs of educational, nature/science programs, field trips; and keep about $1.5 billion in 2012-13 and $3 billion in 2013-14, entrance fees affordable; shall Alameda County levy a tax of with savings tending to grow thereafter until theBY end of BAGNELL $12/parcel annually for residential parcels and comparable BILL 2016-17. commercial/industrial rates, with low-income senior exemp-

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tions, mandatory audits, and citizens’ oversight? Percentage Needed To Pass = Two-thirds

Measure B1 - County Transportation Sales Tax Increase and Indefinite Extension

Pays for several transportation projects for next 20 years, thereafter voters would approve new transportation projects to be funded by this tax revenue. Percentage needed to pass = Two-thirds. This Ordinance is intended to extend the imposition and collection in Alameda County of an existing one-half of one percent transactions and use tax for transportation purposes, which will expire as of March 31, 2022, and impose an additional transaction and use tax by one-half of one percent, resulting in a total tax of one percent without any sunset, unless otherwise terminated by the voters of Alameda County. The tax revenue raised by this ordinance shall be used solely for the projects and purposes set forth in the 2012 Transportation Expenditure Plan: Public Transit & Specialized Transit (48%) Local Streets & Roads (30%)

Highway Efficiency & Freight (9%) Bicycle and Pedestrian Infrastructure and Safety (8%) $651 Sustainable Land Use & Transportation Linkages (4%) Technology, Innovation, and Development (1%)

Measure J - Oakland Unified School District (Bond Measure) To improve the quality of Oakland schools and school facilities to better prepare students for college and jobs, to upgrade science labs, classrooms, computers and technology, improve student safety and security, repair bathrooms, electrical systems, plumbing and sewer lines, improve energy efficiency and earthquake safety, shall the Oakland Unified School District be authorized to issue $475 million in bonds, with an independent citizens oversight committee and annual audits to guarantee funds are spent properly to benefit Oakland children? Percentage Needed To Pass = Fifty-five (55%) Percent. RH

Paul Junge has been the public policy director of the Oakland Metropolitan Chamber since early 2011. He can be contacted at 510-874-4800.

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

TO GET INVOLVED OR TO DONATE TO THE EBRHA-PAC, CONTACT JILL BROADHURST: JBROADHURST@EBRHA.COM OR VISIT WWW.EBRHA.COM/PAC

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For our complete list of Industry Partners, see the Member Directory found on page 38 or the online Buyers Guide & Business Directory at www.ebrha.com/directory

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COLUMN

market conditions

company for $2,750,000 and is in escrow at full price and was scheduled to close in August, 2012 at $144,736 per unit and ten times gross. A 6-unit building on Piedmont Avenue in Oakland we listed and sold at over list price closed at 13.5 times gross and a 4.3% cap rate, with no parking! Clients of ours just took a run at 40 older studios on Hearst Avenue in Berkeley, just feet from the North Gate to Cal, and there were a dozen offers. The property was listed by another broker at $4,925,000, over $302 per square foot and my clients offered $5.2 million with 50% down, no loan contingency, a 15-day inspection period with $500,000 Low interest rates and high demand fuel real non-refundable deposit at that time and estate feeding frenzy. BY LINK CORKERY they were beaten out. My Alma Avenue client is trading back to San Francisco and he tells me of apartments getting 15 to 25 offers on them, due to the market being in such a frenzy. That frenzy is spilling over to Oakland and beyond, and I expect it to continue for a while.

The Contra Costa County market for sales of apartments with 10 or more units saw similar sales volume from 2010 to the first quarter of 2012 with $418,000,000 over 39 transactions. Cap rates were in the 5% range.

Sales activity for apartments in the East Bay should get stronger as potential sellers realize that they can achieve the prices they demand. As more properties come on the market, sellers who plan on exchanging will realize that they will be able to find something if they comquarter of 2012. he East Bay apartment market mit to selling theirs. Interest rates should There are several highlights of where continues to improve as low intercontinue to be low for the near future the market is going that I can relate est rates fuel growing demand and the rental market will continue to from personal experience. A 44-unit for apartments. In Northern Alameda get stronger. National election years like listing of mine at 265 Vernon Street in County from 2010 through the first 2012 are often good years to make a Oakland’s Adams Point is in escrow at quarter of 2012, there were 101 transacmove in real estate and I think this year is $5,825,000, full price, tions resulting in over $340,000,000 in no different. My crystal and will close by the apartment sales for buildings with ten or “National election ball is pretty clear until time this article is pubmore units. Transactions and dollar volyears like 2012 are the election and then it lished. It is noteworthy ume gained strength through the second often good years to gets a little cloudy. It because it sets a record quarter of 2011 when it peaked, but this make a move in real says if you are thinking for price per square foot is a good thing for the market because estate. My crystal of making a move, you for larger apartment foreclosure/distressed sales have peaked ball is pretty clear should do it now. RH buildings at over $200. and now sales of non-distressed properuntil the election A 19-unit building at ties are making up more of the market. and then it gets a Link Corkery is a Realtor, 676 Alma Avenue in Cap rates were 7% to 8% average up little cloudy. It says EBRHA board member, chair Oakland’s Haddon Hill to the second half of 2011, and from if you are thinking of of EBRHA’s market conditions committee and presiDistrict of Lake Merthen on cap rates have come down with making a move, you dent of Property Counselors ritt was listed by my the average at less than 6% in the first should do it now.”

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COLUMN

court talk

suit soon after it is filed on the basis that the defendant’s conduct was a protected right of petition or free speech and that the plaintiff has no probability of prevailing on its claim.

In deciding a SLAPP motion, the court uses a two-step analysis. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising EBRHA’s vigilance has snuffed out Sacramento’s from protected activity. If the court finds legislative threats to property owners. such a showing has been made, it then

BY CLIFFORD E. FRIED must consider whether the plaintiff has demonstrated a probability of prevailing on the claim.

Every claim of malicious prosecution is a cause of action arising from protected activity because such claims depend upon statements made in a prior judicial proceeding. Tenant Daniell argued that the unlawful detainer action was filed by Riverside’s predecessor, that Riverside didn’t file the unlawful detainer action, and therefore Daniell’s malicious prosecution action didn’t arise from protected activity by Riverside.

The Court of Appeal held that when a corporation that has acquired the assets of another entity is sued (because it either assumed an agreement made by another corporation, merged with another corDANIELL V. RIVERSIDE PARTNERS late courts found that the tenant’s maliporation, or is a consolidation of two Landlords frequently file eviction cious prosecution claim was a cause of corporations) and when the predecessor lawsuits against tenants only to disaction against a person arising from an corporation could have filed a SLAPP miss them because of a fatal defect in act of that person in furtherance of the motion, the successor corporation can the eviction notice that was previously person’s right of petition or free speech. also file a SLAPP motion. undetected. In other cases, the landlord In 2007, landlord Riverside Partners’ Tenant Daniell had argued to the trial files the lawsuit knowing they can’t prepredecessor in interest filed an unlawful court that Riverside and its predecesvail, but tries anyway in the hopes the detainer action against tenant Daniell. sor were essentially the same under the tenant will move rather than fight.

Daniell felt that the eviction was retaliasecond prong of the SLAPP analysis. The This case concerns a malicious tory because it was filed in response Court of Appeal wouldn’t allow Daniprosecution action by a tenant against to his complaints about habitability. ell, on appeal, to now argue that they a landlord after the landlord filed and Daniell demurred to the complaint and were not the same under the first prong. dismissed an unlawful detainer action. filed a motion to strike. Before the hearThe appellate court ruled that Daniell’s This is a controversial area of the law, ing on the demurrer and motion, the cause of action, therefore, arose out of with some appellate courts saying that action was voluntarily protected activity and eviction notices and unlawful detainer dismissed. the SLAPP motion of the Every claim of actions are privileged and cannot be the Subsequently, landlandlord was properly malicious prosbasis of a lawsuit against the landlord. lord Riverside purchased granted. ecution is a cause Other appellate courts disagree and the property. Tenant of action arising permit tenants to sue. The procedure for Daniell sued Riverside GINSBERG V. GAMSON from protected acchallenging the propriety of these tenant and the prior owner for Every once in a while, tivity because such suits is called a “SLAPP motion.” malicious prosecution. lawyers review leases that claims depend upon In Daniell v. Riverside Partners, the Riverside filed a SLAPP appear to have perpetual statements made in Court of Appeal upheld the trial court’s motion. This motion is or unlimited options to a prior judicial prorulings that granted the landlord’s designed to strike a lawrenew. These leases seem SLAPP motion. Both the trial and appelceeding.

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PHOTO: CONTROL ARMS

SLAPP Strikes Back

to never end. In Ginsberg v. Gamson, the court was asked to interpret a lease extension provision that was either: one option to renew for five years, or multiple fiveyear options that continued forever.

Landlord Gamson and tenant Ginsberg signed a lease for a five-year term from April 15, 1996, to April 14, 2001.

A separately typed addendum to the lease contained a provision entitled, Option to Extend Term, stating: “Tenant shall have the option to extend the term of the lease for additional five-year periods upon the same terms and conditions contained in the lease.”

The parties disagreed on whether tenant Ginsberg had the right to unlimited extensions of the lease. Landlord Gamson contended that the lease provided only one option for a single five-year extension of the lease. Tenant Ginsberg contended that the lease provided for a series of renewals under the lease.

The trial judge determined that the lease was not ambiguous and provided the tenant with a series of options of five years, limited to 99 years by Civil Code Section 718. In a carefully reasoned opinion, the Court of Appeal reversed and interpreted the language to mean only one five-year option to renew. The court ruled that to be construed as including a right to perpetual or unlimited renewals, the lease language must clearly demonstrate the parties’ intention to give the tenant that right. Requiring clear and unequivocal language intended to convey a right to perpetual renewals protects property owners from inadvertently leasing away their property forever and forces the parties to specifically consider and directly express their intent.

The court held that if whether a lease is to be perpetually renewed is at all uncertain, it will be construed as importing but one renewal. In this case, the court construed the lease as allowing only one five-year extension of the lease. What do you think? Is the renewal provision quoted above uncertain? Would you have ruled differently? RH

UPCOMING EBRHA MEETINGS & EVENTS

Political Affairs Meeting

DATE

TIME LOCATION

TUESDAY, OCTOBER 2 10:00 A.M. EBRHA EDUCATION CENTER 360 22 ND ST., SUITE 240, OAKLAND MEMBERS ONLY

Social Mixer

DATE

TIME LOCATION

INFO

WEDNESDAY, OCTOBER 3 5:30 P.M. - 8:00 P.M. MUA OAKLAND 2442 WEBSTER STREET, OAKLAND EMAIL JILL BROADHURST AT JBROADHURST@EBRHA.COM OR 510-893-9873

General Membership Meeting

DATE

TIME LOCATION

TOPICS

SATURDAY, OCTOBER 20 10:00 A.M. - NOON EBRHA EDUCATION CENTER 360 22 ND ST., SUITE 240, OAKLAND PARKING PROVIDED

• Legal Q & A, Michael Shepherd, The Shepherd Law Group • Negotiating Tenant Buyouts,

Steve Williams, Fried and Williams LLP

• Protect Your Monthly Rental Income, David Leisen, Aon Rent Protect

The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Clifford E. Fried is with Fried & Williams LLP and can be contacted at 510-625-0100. Copyright © 2012, Fried & Williams LLP. All rights reserved. ebrha.com

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OCTOBER 2012

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RENTAL HOUSING 29

COLUMN

esq. & a

A Pile of Junk

What steps must a landlord take to properly dispose of abandoned property? BY VARIOUS AUTHORS

doned property is more than $300, and no one has contacted you within the waiting period, you are obligated to hold a “public sale” of the items by competitive bidding, like an auction. Anyone can bid at the sale, including the former tenant or even the landlord. After the sale is held, you are allowed to deduct the costs of storage, advertising and the sale from the proceeds of the sale. Any balance of the proceeds of the sale must be sent to the county treasurer. It could be maintained that part of the costs of the sale include your time in determining the value of the property left behind. Thus, such deductions could possibly be made from any auction proceeds, but not from the security deposit.

—MARINA FRANCO

Q

My tenant complained that the radiators have been banging loudly and said that he is withholding two days of rent for the inconvenience. I have been working on fixing the problem. What else should I do?

My tenant just moved out and left mountains of junk behind. I don’t think there’s anything of value, but do I really need to look through it all to make sure? If so, can I charge for my time to do so and take that and any additional refuse fees out of his security deposit?

A

Two specific laws govern your situation: the law on security deposits and the laws related to abandoned property.

The law governing security deposits is Civil Code §1950.5. It provides that security deposits may be used to compensate a landlord for a default in rent; to fund repairs of unit damage beyond reasonable wear and tear; to pay for the cleaning the unit to the same level of cleanliness it was in at the start of the tenancy; and lastly, to remedy any future defaults under the terms of the lease to restore, replace or return personal property or appurtenances, exclusive of wear and tear. There is no provision for deductions related to your time to go through the tenant’s property to determine whether there is anything of value.

30 RENTAL HOUSING

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OCTOBER 2012

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You are also required to follow Civil Code §1983 et. seq., which addresses a landlord’s obligations should a tenant leave behind abandoned property. You must give written notice to the former tenant. The notice must describe the items in a manner so that the owner of the property can identify it. The notice must advise that reasonable costs for storage may be charged before the property is returned, state where it may be claimed and the date before which the claim must be made. The date specified in the notice must be a date not less than 15 days after the notice is personally delivered or, if mailed, not less than 18 days after the notice mailed.

After the waiting period, if you determine the value of the property to be less than $300, and the tenant does not make any effort to collect it, then you are free to keep the items yourself or throw them away. If you throw them away, I would argue that you have a right to deduct those costs (costs for your time in hauling or getting a dumpster) from the security deposit, as it would fall under returning the unit to its original condition of cleanliness.

If, however, the value of the aban-

ebrha.com

A

Working on fixing the problem is really all you are required to do, if you have responded promptly.

Radiators banging loudly can constitute an interference with the tenant’s quiet enjoyment of his rental unit, and if the noise is sufficiently loud and/or frequent, it may affect its habitability. Generally, habitability is described in Civil Code §1941.1, which defines “untenantable” dwellings generally as those that lack adequate weather protection, plumbing and gas, hot and cold running water, heating, electricity, clean and sanitary premises (including absence of vermin), adequate trash facilities, safe stairs, railings and floors in good repair.

While loud, banging radiators are not specified, they nevertheless can constitute a sufficient interference with the tenant’s quiet enjoyment of the premises to substantially devalue its worth.

Your obligation is to take all reasonable steps to alleviate the problem. If the problem has existed for only a few days, as it appears from the question, and you have acted promptly to alleviate it, the tenant is most likely not legally entitled to any rent reduction.

California Civil Code §1942 permits

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Q

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RENTAL HOUSING 31

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EBRHA has nearly 150 vendor members in over 40 classifications—ready and willing to give you deep discounts on the products and services you need. Simply go to the Rental Housing magazine directory (pages 38-41) or online at www.ebrha.com/directory In addition to the standard EBRHA member discount you can expect year-round, our Industry Partners are now offering special monthly discounts. Go to www.ebrha.com/discounts to see thousands of dollars in savings from:

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residential tenants to repair untenantable conditions at their own expense and deduct the expense from their rent under certain circumstances. Section 1942 does not define particular conditions amenable to this remedy or suggest it should be limited to the conditions described in §1941.1.

Nevertheless, it arguably could apply to any condition affecting the habitability or livability of the unit. The remedy requires reasonable notice to the landlord to perform the repair, the landlord’s unreasonable failure to do so, and is limited to one month’s rent each time the remedy is exercised, with a limit of twice per year. Clearly, this case meets none of those prerequisites.

Aside from the repair and deduct remedy, however, a tenant does have a right to withhold rent for lack of habitability under the holding of Green v. Superior Court, a 1974 California Supreme Court case. The landlord in that case brought an unlawful detainer action based on nonpayment of rent, and the court found the tenant could defend by showing that the rent demanded was not owed because the premises were not habitable. The amount of decrease in value of the rental would be for court determination. Clearly, this route is undesirable under the current situation.

Moreover, you have a practical problem. You are not delivering to the tenant, regardless of any lack of fault on your part, the full measure of the enjoyment of the premises to which the tenant is entitled. It makes sense from a legal standpoint, as well as from a standpoint of business and good relations with your tenant, to reach some sort of reasonable agreement (not a full rent reduction) compensating the tenant for the disturbance suffered. Such an accommodation, for a problem not caused by the tenant, should serve you in the long run, making your life easier and your tenant more manageable. —SAUL M. FERSTER The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Marina Franco is with Wasserman-Stern Law Offices and can be reached at 415-567-9600. Saul M. Ferster is a San Francisco-based attorney and can be reached at 415-863-2678.

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ebrha.com

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OCTOBER 2012

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RENTAL HOUSING 33

COLUMN

the green sheet

Green Labels Provide Market Premium “THE VALUE OF GREEN LABELS IN THE CALIFORNIA HOUSING MAR-

is the first study to provide statistical evidence that, holding other factors constant, a green label on a singlefamily home in California provides a market premium compared to a comparable home without the label. The research also indicates that the price premium is influenced by local climate and environmental ideology. To reach these conclusions, researchers and economists Nils Kok and Matthew E. Kahn conducted an economic analysis of 1.6 million homes sold in California between 2007 and 2012, controlling for other variables known to influence home prices in order to isolate the added value of green home labels. This study, conducted by economists at the University of California, Berkeley and University of California, Los Angeles, finds that California homes labeled by Energy Star, LEED for Homes and GreenPoint Rated sell for 9 percent more (±4%) than comparable, non-labeled homes. Because real estate prices depend on a variety of factors, the study controlled for key variables that influence home prices KET”

including location, size, vintage, and the presence of major amenities such as swimming pools, views and air conditioning. Considering that the average sale price of a non-labeled home in California is $400,000, the price premium for a certified green home translates into some $34,800 more than the value of a comparable home nearby.

This study yields two key insights into the effect of green labels on property values, and why these effects can be so significant. This is especially important in light of the fact that the added value of a green-labeled home 34 RENTAL HOUSING

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OCTOBER 2012

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far exceeds both the estimated cost of adding energy efficiency features to a home and the utility-bill savings generated by those improvements.

Financial support for the research was provided by the San Francisco Department of the Environment and StopWaste.Org. Financial support was also provided by the Netherlands Organization for Scientific Research (NWO). RH The information featured in this article is a short summary from the full report, which can be accessed at www.builditgreen.com or www.nilskok.com.

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information & resources RECYCLING & DISCARDS MANAGEMENT

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

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

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

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

EBRHA.COM | 510.893.9873

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Seismic & General Contractors

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DON’T GET LEFT OUT! FOR ALL OF THIS MONTH’S EVENTS CHECK OUT THE CALENDAR PAGE SEE PAGE 36

(510) 839-2067 Jack London Square 510 Third Street, Suite 101, Oakland, California 94607 rh.0110.evictors.indd 1

12/23/09 10:16:33 AM ebrha.com

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RENTAL HOUSING 35

community calendar EVENTS & CLASSES

october S

november

M

T

W

T

F

S

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

S

M

T

W

T

F

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

TUESDAY, OCTOBER 2

TUESDAY, NOVEMBER 6

Political Affairs Meeting Members Only 10:00 a.m.

Political Affairs Meeting Members Only 10:00 a.m.

WEDNESDAY, OCTOBER 3

WEDNESDAY, NOVEMBER 7

Landlord 101

Landlord 101

Members: Free; Non-Members: $49

Members: Free; Non-Members: $49

1:00 p.m. – 2:30 p.m.

1:00 p.m. – 2:30 p.m.

WEDNESDAY, OCTOBER 3

WEDNESDAY, NOVEMBER 7

Social Mixer Mua Oakland 2442 Webster St., Oakland

Social Mixer TBD TUESDAY, NOVEMBER 13

5:30 p.m. – 8:00 p.m.

Landlord 102

TUESDAY, OCTOBER 9

Members: Free; Non-Members: $49

Landlord 102

1:00 p.m. – 2:30 p.m.

Members: Free; Non-Members: $49 1:00 p.m. – 2:30 p.m.

SATURDAY, NOVEMBER 17

Cifford Fried, Fried & Williams LLP Members: Free; Non-Members: $49 1:00 p.m. – 2:30 p.m.

EBRHA General Membership Meeting 10:00 a.m. - Noon Topics: • Legal Q & A: TBD

• EBRHA Board Member Elections

• Emergency Preparedness Clayton Barry, SERVPRO of San Leandro

SATURDAY, OCTOBER 20

THURSDAY, NOVEMBER 22

TUESDAY, OCTOBER 16

Gaining Access Into Tenants’ Units

EBRHA General Membership Meeting 10:00 a.m. - Noon Topics: • Legal Q & A: Michael Shepherd, The Shepherd Law Group

• Negotiating Tenant Buyouts: Steve Williams, Fried & Williams LLP

• Protect Your Monthly Rental Income David Leisen, Aon Rent Protect

EBRHA Office Closed FRIDAY, NOVEMBER 23

EBRHA Office Closed WEDNESDAY, NOVEMBER 28

Tenant Screening & Intro to EBRHA Website: Danielle Walker Members: Free; Non-Members: $49 6:00 p.m. – 7:30 p.m.

TUESDAY, OCTOBER 30

Correct Usage of Legal Notices Daniel Bornstein, Bornstein & Bornstein Members: Free; Non-Members: $49 6:00 p.m. – 7:30 p.m.

Unless otherwise noted, all classes and events are held at the EBRHA Education Center, 360 22nd St., Suite 240, Oakland 36 RENTAL HOUSING

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OCTOBER 2012

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ebrha.com

S

Oakland

2012-13 (3.0%)

ANNUAL ALLOWABLE RENT INCREASE

A CPI increase of 3% became

PER I O D

effective on July 1, 2012. Tenants may

JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0

JAN. 1 ‘02 - JUN. 30 ‘02 . . . . . . . . . . . . 3

only receive one increase in any

JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0

JAN. 1 ‘01 - DEC. 31 ‘01 . . . . . . . . . . . . 3

12-month period, and the rent increase

JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7

JAN. 1 ‘00 - DEC. 31 ‘00 . . . . . . . . . . . . 3

JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7

JAN. 1 ‘99 - DEC. 31 ‘99 . . . . . . . . . . . . 3

California law requires that for tenancies

JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2

JAN. 1 ‘98 - DEC. 31 ‘98 . . . . . . . . . . . . 3

receiving greater than a 10% increase,

JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3

JAN. 1 ‘97 - DEC. 31 ‘97 . . . . . . . . . . . . 3

a 60-day notice is required; if the

MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3

JAN. 1 ‘96 - DEC. 31 ‘96 . . . . . . . . . . . . 3

increase is 10% or less, a 30-day

MAY 1 ‘05 - APRIL 30 ‘06 . . . . . . . . . 1.9

MAR. 1 ‘95 - DEC. 31 ‘95 . . . . . . . . . . . 3

JUNE 1 ‘04 - APRIL 30 ‘05. . . . . . . . . 0.7

JAN. 1 ‘95 - FEB. 28 ‘95. . . . . . . . . . . . . 6

to three times the current annual

JUNE 1 ‘03 - MAY 31 ‘04. . . . . . . . . . 3.6

JAN. 1 ‘94 - DEC. 31 ‘94 . . . . . . . . . . . . 6

allowable rent increase rate.

JULY 1 ‘02 - MAY 31 ‘03. . . . . . . . . . 0.6

cannot take effect earlier than the tenant’s anniversary date. In addition,

notice is required. Owners can only impose “banked” rent increases equal

A MOUN T ( %)

PERI OD

AM O U N T ( % )

FOR FURTHER INFORMATION CONTACT:

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

Berkeley 2012 (1.6%) ANNUAL ALLOWABLE RENT INCREASE

P E R IOD A MO UNT

PER I O D A MOUN T

PERI OD AM O U N T

2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6%

2000. . . . . . . . . . . . . . . . . . . . . . . . . . $6

1990. . . . . . . . . . . . . . . . . . . . . . . . . $16

2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7%

1999. . . . . . . . . . . . 1% (NOT TO EXCEED $8)

1989*. . . . . . . . . . . . . . . . . . . . . . . . 3%

1998. . . . . . . . . . . . . . . . . . . . . . . . 0.8%

1988. . . . . . . . . . . . . . . . . . . . . . . . . $25

1997. . . . . . . . . . . . . . . . . . . . . . . 1.15%

1987. . . . . . . . . . . . . . . . . . . . . . . . 3.5%

2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6%

1996. . . . . . . . . . . . . . . . . . . . . . . . . 1%

1986. . . . . . . . . . . . . . . . . . 3%, + $2.50

2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7%

1995. . . . . . . . . . . . . . . . . . . . . . . . 1.5%

1985. . . . . . . . . . . . . . . . . . . . . . . . . 2%

2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9%

1994. . . . . . . . . . . . . . . . . . . . . . . . . $18

1984. . . . . . . . . . . . . . . . . . . . . . . . . 0%

2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3

1993. . . . . . . . . . . . . . . . . . . . . . . . . $20

1983*. . . . . . . . . . . . . . . . . . . . . . 4.75%

(1% + $3 IF TENANCY CREATED AFTER JAN. 1999)

1992. . . . . . . . . . . . . . . . . . . . . . . . . $26

1981*. . . . . . . . . . . . . . . . . . . . . . . . 5%

1991. . . . 4% OR $17 (WHICHEVER IS HIGHER)

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

2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7% 2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2%

2003. . . . . . . . . . . . . . . . . . . . . . . . . 0% 2002*. . . . . . . . . 3.5% (NOT TO EXCEED $30) 2001* $10

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.

FOR FURTHER INFORMATION CONTACT:

Berkeley Rent Board | 2125

Milvia Street | Berkeley, CA | 94704 510.981.7368 | www.ci.berkeley.ca.us/rent

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OCTOBER 2012

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RENTAL HOUSING 37

member directory

CONTACTS, PRODUCTS & SERVICES 1031 EXCHANGE INTERMEDIARIES

Chicago Deferred Exchange Co. Teresa Moss Fluegel 877-448-1031 www.cdec1031.com ABATEMENT SERVICES

P.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.com

Oakland Builders Alliance Beverly Rivas 510-735-8849, x101 www.oaklandbuilders.net

Tubman Law Group Amy Kelley 510-379-8839, x700 www.tubmanlawgroup.com

Oakland Metropolitan Chamber of Commerce Joseph Haraburda 510-874-4808 www.oaklandchamber.com

AUTOMOTIVE

ATTORNEYS - EVICTIONS

ACCOUNTING SERVICES

Bornstein & Bornstein Daniel Bornstein 510-836-0110, x1007 www.bornsteinandbornstein.com

Mowat, Mackie & Anderson LLP Jason Clark 510-893-1120 www.mowat.com

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

APPLIANCE SALES & PARTS

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

Law Offices of Jonathan Quint Jonathan Quint 510-595-9130 www.jonathanquint.com

Appliance Warehouse of America Mark Sutter 510-921-1071 www.appliancewhse.com

Ropers, Majeski, Kohn & Bentley PC Stephen Lightfoot 415-972-6315 www.rmkb.com

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com

The Evictors Ed Nagy 510-839-2074

R & B Wholesale Distributors, Inc. Chris Burggraf 510-782-7200 www.rbdist.com

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

Sincere Home Decor Keith Chan 510-832-2838, x108 www.sincerehomedecor.com APPRAISERS

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

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

Tubman Law Group Amy Kelley 510-379-8839, x700 www.tubmanlawgroup.com ATTORNEYS - LAND USE/CONDO CONVERSION

Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Law Offices of Ann Rankin Ann Rankin 510-653-8886 www.annrankin.com ATTORNEYS - REAL ESTATE/ CORPORATION

Burnham & Brown Jack Schwartz 510-444-6800 www.burnhambrown.com

ASPHALT/CONCRETE

American Asphalt & Concrete Joe McSweeney 510-723-0280, x28 www.americanasphalt.com ASSOCIATIONS

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

BOMA Oakland/East Bay Roberto O. Robledo 510-893-8780 www.bomaoeb.org

Law Offices of Jonathan Quint Jonathan Quint 510-595-9130 www.jonathanquint.com

Oakland Association of Realtors Cameron Platt 510-836-3000 www.oar.org

Ropers, Majeski, Kohn & Bentley PC Stephen Lightfoot 415-972-6315 www.rmkb.com

38 RENTAL HOUSING

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OCTOBER 2012

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ebrha.com

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

Chase Commercial Josh Milnes 510-891-4545 josh.milnes@chase.com Chase Commercial Ted Levenson 415-945-5430 ted.levenson@chase.com Intervest Mortgage Marc Lipsett 510-622-8515 www.intervest-mortgage.com Luther Burbank Savings Larry Miller 925-627-279 www.lutherburbanksavings.com Torrey Pines Bank Jeff Becker 510-899-7569 www.torreypinesbank.com BATHROOM & KITCHEN REMODELING

American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com Ashby Lumber Emily Brown 510-843-4832 www.ashbylumber.com Bathfitter Justin Starnino 510-969-3905 www.bathfitter.com Markus Supply/Ace Hardware Dan Altwarg 510-832-6532 www.markussupply.com R3 Renovation, Inc. Jim Irwin 916-388-2100 jim@r3renovation.com Sincere Home Decor Keith Chan 510-832-2838, x108 www.sincerehomedecor.com BLINDS & DRAPES

American Draperies & Blinds, Inc. Paul Russo 800-972-0660 www.americandrapery.com BUILDING MATERIALS/HARDWARE

Ashby Lumber Emily Brown 510-843-4832 www.ashbylumber.com

James Hardie Building Products Ellen Dowd 800-426-4051 www.jameshardiecommercial.com

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

Markus Supply/Ace Hardware Dan Altwarg 510-832-6532 www.markussupply.com

ELECTRICAL SUPPLIES

ReStore/Habitat for Humanity Rose Stubberfield 510-777-1447 www.habitateb.org/restore CARPET CLEANING

Cleaner Carpets Ron Russell 510-522-1344 cleanercarpet@juno.com

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com ELECTRICIANS

Ally Electric & Solar, Inc. Metin Saglam 510-559-7700 www.allyelectrical.com

COLLECTION AGENCIES

Automation Electric Rene Schaub 510-333-8192 www.automationelectric.biz

Rent Recovery Service Robbie Cronrod 800-845-1086 www.rentrecoveryservice.com

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

CONSTRUCTION

ELEVATOR REPAIRS

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

Paramount Elevator Corp.

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

Vasona Construction, Inc. Dan Scharnow 510-413-0091, x203 www.vasonaconstruction.com

ENVIRONMENTAL TESTING SERVICES

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

Lydia’s Janitorial Noemi Fernandez 510-927-6111 CONTRACTORS/RESTORATION

ARC Cleaning & Restoration Nina Lauffer 510-221-7956 www.arc-ca.com Belfor Property Restoration Lisa Schwichtenberg 888-543-3473 www.belforusa.com Har-Bro Restoration Ryan Rusler 510-887-8500 www.harbro.com ServiceMaster Jean Hughes 510-351-0581 jhughes247@sbcglobal.net SERVPRO of San Leandro Clayton Barry 510-352-2480 www.servprosanleandro.com DOORS & GATES

Community Controls Tim Bruske 800-284-2837 www.communitycontrols.com

Essel Environmental Consulting Nik Lahiri 925-413-5511 www.esseltek.com FIRE PROTECTION

Battalion One Fire Protection Mike Herbert 510-653-8075 www.battaliononefire.com Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com FLOOR COVERINGS

Bay Area Contract Carpets, Inc. Kerry Plain or Ken Scott 510-613-0300 www.bayareacontractcarpets.com Dick’s Carpet One Dan Biles 510-633-9533 www.dickscarpetoneoakland.com Tradeway Carpet Outlet Darryl Johnson 510-233-3350 www.tradewaystores.com GARAGE DOORS

R & S Overhead Garage Door Sean Boatright

510-483-9700, x14 www.rsdoors.com GOVERNMENT AGENCIES

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

Halcyon Properties Roger Shane 510-847-7075 rbshane@aol.com Start to Finish Christopher Bailey 510-727-9128 cpmbailey@sbcglobal.net HEATING & AIR CONDITIONING

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Apple Heating & Air Conditioning Bobby Wong 510-530-2423 bobby_apple@yahoo.com Atlas Heating & Air Conditioning Lisa Tuck 510-893-1343 www.atlasheating.com Black Diamond Mechanical Robert Lopez 510-522-4196 robertlopez@blackdiamond mechanical.com McHale’s Heating Rory McHale 510-714-9100 HEATING & AIR CONDITIONING SUPPLIES

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com INSPECTIONS

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

Aon Rent Protect David Leisen 818-742-1383 www.aonrentprotect.com Building Insurance Specialists Mike Pallas 925-297-4202 www.buildinginsurancespecialist.com Capital Insurance Group George Cushing 800-732-6770 www.ciginsurance.com ebrha.com

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

JB Painting Josue Landa 510-282-1431 jbpainting001@yahoo.com

Jain L. Williams - State Farm Insurance Jain L. Williams 510-530-3222 www.jainwilliams.com

RDM Painting & Decorating Roberto Diaz 510-421-1908 rdmpainting1@yahoo.com

NorthStar Risk Management & Insurance Services Pat Lowther 925-975-4686 www.northstar-ins.com

Steve’s Painting & Renovating Steve Fagrey 510-910-6997 www.welovetopaint.net Universe Painting, Inc. William McKenzie 866-666-6761 www.universepainting.com

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

PEST CONTROL

INTERCOMS &

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

ACCESS CONTROLS

Community Controls Tim Bruske 800-284-2837 www.communitycontrols.com

PLUMBING - WATER HEATERS

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

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

Black Diamond Mechanical Robert Lopez 510-522-4196 robertlopez@blackdiamond mechanical.com

Sound Communication Systems Jerry Dean 510-595-8111 scs4208@yahoo.com INVESTIGATIONS

Ethan’s Service Plumbing Ethan Elkins 510-390-4185 ethansplumbing@gmail.com

The Caliber Group Ray Rivera 510-583-5849 thecalibergroup@att.net

Everest Plumbing Tsering Chomphel 510-233-2529 www.mount-everest-plumbing.com

INVESTMENT OPPORTUNITIES

Martinez Real Estate Investment Jose Martinez 510-769-0436

Pacific Drain & Rooter Service Nasir Jalil 510-452-4606 nasirjalil80@gmail.com

LAUNDRY EQUIPMENT

Coinmach Katherine Le 510-429-0900, x54435 www.coinmach.com

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

Innovative Laundry Systems P.K. Forrest 877-777-3727 www.innovativelaundry.com

Tanknot Tankless, Inc. David Shevick 415-794-2084 www.tanknot.com

LEAD PREVENTION

A.C. Lead Poisoning Prevention Program Julie Twichell 510-567-8252 www.aclppp.org LIGHTING SUPPLIES

Aspire Business Consulting Natalie Koffler 510-919-0914 www.aspirebizconsult.com

LOCKSMITH EVICTION SERVICES

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

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OCTOBER 2012

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com PROMOTIONAL PRODUCTS

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com

40 RENTAL HOUSING

PLUMBING SUPPLIES

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PROPERTY MAINTENANCE SUPPLIES

Ferguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com PROPERTY MANAGEMENT

Advent Properties, Inc. Benjamin Scott 510-250-7918 www.adventpropertiesinc.com Bay Property Group Robert Goldman 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner 510-428-1864 www.beaconprop.com Caldecott Property Management Services Ronald Reece 510-594-2400, x226 www.caldecott.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com The Enterprise Company William McLetchie 510-444-0876 ERI Property Management Sasha Bermudez 510-883-7017 www.erirentals.com Lapham Company Jon Shahoian 510-594-7600 www.laphamcompany.com Laramar Group Joby Tapia 415-814-5001 www.laramargroup.com Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com

PROPERTY MAINTENANCE

Shaw Properties Liz Hart 510-654-1920 www.shawprop.com

The Garza Company, Inc. Manuel Garza 510-763-9500 garza@garzaco.com

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

ebrha.com

Wellington Property Company Sarah Mills 510-339-3810 www.wellingtonpropertyco.com

Rosemary McNally Rosemary McNally 510-769-1845 www.rosemarymcnally.com

Western Management Property, Inc. Vinnie Mistry 510-451-7317 www.westernmpinc.com

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

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

RECYCLING/REUSE

RAIN GUTTERS

ReStore/Habitat for Humanity Rose Stubberfield 510-777-1447 www.habitateb.org/restore

R.C. Gutter Services Ramiro Cornejo 510-331-4425 REAL ESTATE BROKERS & AGENTS

Advent Properties, Inc. Benjamin Scott 510-250-7918 www.adventpropertiesinc.com Caldecott Properties Andy Read 510-594-2400 www.caldecott.com Coldwell Banker – Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com David Pio 510-815-2000 info@iliveinthebayarea.com Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com Home & Investment Realty George Vassiliades 510-710-6826 www.propertiesbygeorge.com Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap David Wolfe 510-379-1200 www.marcusmillichap.com

Automatic Response Systems Steve Papai 510-717-3631 www.compax.com

RENT CONTROL CONSULTANTS

Alan K. Beales 510-339-9776 RENTAL SERVICES

Cal Rentals Elaine Perkins 510-642-3644 www.calrentals.housing.berkeley.edu Eden I & R Ollie Arnold 510-537-2710 www.edenir.org ROOFERS

Central Coating Company, Inc. Jack Hnilo 408-968-8438 www.centralcoatingcompany.com Fidelity Roof Company Steve Parry 510-547-6330 www.fidelityroof.com Frank Fiala Roofing Frank Fiala 510-582-6929 www.ffialaroofing.com

www.rsdoors.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com SEISMIC CONSTRUCTION

Earthquake & Structures, Inc. B.K. Paul 510-601-1065 www.esiengineers.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com SIDING

James Hardie Building Products Ellen Dowd 800-426-4051 www.jameshardiecommercial.com SOLAR POWER

Ally Electric & Solar, Inc. Metin Saglam 510-559-7700 www.allyelectrical.com Belenus Renewable Energy David Nolan 415-244-6383 www.belenussolar.com TENANT SCREENING SERVICE

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

Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com TREE SERVICE

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

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

Precision Roofing Company Michael Green 510-436-7575 precisionroofingco@sbcglobal.net

WASTE & WASTE HANDLING EQUIPMENT

SECURITY/SURVEILLANCE

Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com

NAI Kilpatrick & Company Grant Chappell 510-972-4941 www.naikilpatrick.com

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

Property Counselors Link Corkery, Inc. Phil Williams 510-566-4994

R & S Overhead Garage Door Sean Boatright 510-483-9700, x14

Automatic Response Systems Steve Papai 510-717-3631 www.compax.com Waste Management Company David Tucker 510-430-8509 www.wastemanagement.com WINDOWS

Milgard Windows & Doors Craig Rideau 925-260-4511 www.milgard.com The Window Specialist Tom From 510-923-1000 www.window-specialist.com ebrha.com

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OCTOBER 2012

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RENTAL HOUSING 41

ad index

PRODUCTS & SERVICES

EAST BAY RENTAL HOUSING ASSOCIATION

Membership Application for Property Owners and Managers

APPLIANCE PARTS & SALES

Appliance Parts Distributor. . . . . . . . . . . . . . 7 ATTORNEYS

Bornstein & Bornstein. . . . . . . . . . . . . . . . . . 43 The Evictors. . . . . . . . . . . . . . . . . . . . . . . . . . 35 Fried & Williams LLP. . . . . . . . . . . . . . . . . . . 20

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American Bath Enterprises, Inc.. . . . . . . . . 13 Bath Fitter Commercial . . . . . . . . . . . . . . . . 23

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BUILDING MATERIALS

FREE SUBSCRIPTION TO RENTAL HOUSING MAGAZINE RENTAL SURVEYS

Markus Supply. . . . . . . . . . . . . . . . . . . . . . . . 33 Urban Ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 CARPETING & FLOORING

MANAGEMENT ASSISTANCE

Bay Area Contract Carpets, Inc.. . . . . . . . . 31

SEMINARS & WORKSHOPS

COLLECTION AGENCIES

TENANT SCREENING SERVICE

Rent Recovery Service. . . . . . . . . . . . . . . . . 17 CONSTRUCTION

West Coast Premier Construction. . . . . . . 35 ELECTRICIANS & SOLAR POWER

Ally Electric & Solar Inc.. . . . . . . . . . . . . . . . 27

NAME

ENGINEERS

Earthquake and Structures, Inc.. . . . . . . . . 25

COMPANY

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CIG Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 11 NorthStar Risk Management. . . . . . . . . . . . 23

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KITCHEN & BATHROOM REMODELING CITY

STATE ZIP

Sincere Home Decor. . . . . . . . . . . . . . . . . . . . 5 LAUNDRY

Innovative Laundry Systems. . . . . . . . . . . . 35 Wash Multifamily Laundry Systems. . . . . . 27

PHONE EMAIL

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JPMorgan Chase Bank. . . . . . . . . . . . . . . . . . 9 Intervest Mortgage Investment Co.. . . . . . 27

RENTAL PROPERTY LOCATION ANNUAL MEMBERSHIP DUES (TAX DEDUCTIBLE):

LOCKSMITH & EVICTION SERVICES

1-2 UNITS = $249.00

3-4 UNITS = $269.00

Golden Gate Locksmith Co. . . . . . . . . . . . . 33

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MANAGEMENT CONSULTING

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The 8 Factors. . . . . . . . . . . . . . . . . . . . . . . . . 24

17+ UNITS = $299.00 + $5.00 PER UNIT

PEST CONTROL

CHECK (PAYABLE TO EBRHA)

TOTAL DUE:

$

MASTERCARD

VISA

Team Too. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PLUMBING AMERICAN EXPRESS

Albert Nahman Plumbing . . . . . . . . . . . . . . 35 PROPERTY MAINTENACE SUPPLIES

CARD NUMBER

EXPIRATION DATE

Ferguson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PROPERTY MANAGEMENT

Maisel Property Management. . . . . . . . . . . 32 Western Management Properties, Inc.. . . . 27

NAME ON CARD

PROPERTY MANAGEMENT & SALES SIGNATURE

DETACH THIS FORM AND FAX OR MAIL TO THE ADDRESS BELOW

Bay Property Group . . . . . . . . . . . . . . . . . . . 43 Beacon Properties. . . . . . . . . . . . . . . . . . . . . 33 REAL ESTATE AGENTS

Coldwell Banker. . . . . . . . . . . . . . . . . . . . . . . 16 East Bay Rental Housing Association

ROOFING SERVICES

360 22nd Street, Suite 240

Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 31 General Roofing Co. . . . . . . . . . . . . . . . . . . . 33

Oakland, CA 94612 TEL

510.893.9873 | FAX 510.893.2906

ebrha.com

42 RENTAL HOUSING

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OCTOBER 2012

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ebrha.com

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.

Non Payment of Rent Evictions Nuisance Evictions Owner Move-In Evictions Rent Board Petitions General Landlord-Tenant Litigation

With Offices in San Francisco and Oakland

CALL US: 510-836-0110

www.baypropertygroup.com