Rental Housing - November 2017

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | NOVEMBER 2017

DIGNITY & SECURITY How rental owners can combat homelessness in Alameda County

PLUS: THE IMPORTANCE OF ROUTINE INSPECTIONS ON YOUR MULTIFAMILY INVESTMENTS A LETTER TO OAKLAND CITY OFFICIALS ON THE PROPOSED RELOCATION ORDINANCE

Contents

East Bay Rental Housing Association

NOVEMBER 2017

Volume XIV, Number 11 | November 2017 EBRHA OFFICE

3664 Grand Ave., Suite B, Oakland, CA 94610 tel

510.893.9873 |

fax

510.893.2906

www.ebrha.com EBRHA STAFF

Tina Bocheff | tbocheff@ebrha.com DIRECTOR OF STRATEGIC PARTNERSHIPS

Esteban Cortez | ecortez@ebrha.com PUBLICATIONS & COMMUNICATION PRODUCER

Angelique Johnson | ajohnson@ebrha.com ACCOUNTING ASSISTANT

14

18

Dignity & Security

Warranty of Habitability

BY AUDREY KWON

BY CLIFFORD FRIED

EBRHA OFFICERS PRESIDENT Wayne C. Rowland VICE PRESIDENT Luke Blacklidge VICE PRESIDENT Jack Schwartz SECRETARY Fred Morse TREASURER Abbe Sultan EBRHA DIRECTORS

Symon Chang, Nathan Durham-Hammer, Irina Gelfenbeyn, Brent Kernan, Carmen Madden, Conor Murphy, Michael Pallas, Rick Philips, Jason Russell, Judy Shaw, Carlon

22

Tanner PUBLISHED BY

East Bay Rental Housing Association

Preserving Your Building’s Health

PUBLISHER

Wayne C. Rowland MANAGING EDITOR Tina Bocheff ART DIRECTOR & COPY EDITOR Esteban Cortez

BY SUSAN SPOTT

ADVERTISING

Features & Columns 6

NEWS

Tenant Groups Introduce Initiative to Repeal the Costa Hawkins Rental Housing Act 8

Tina Bocheff | 510.318.8303

32 ESQ&A Animal Behavior

BY VARIOUS AUTHORS

A MESSAGE FROM THE EDITOR

“Talking Turkey”

Events & Directory

BY TINA BOCHEFF

36 COMMUNITY CALENDAR 38 V ENDOR DIRECTORY 42 M EMBERSHIP INFORMATION 42 A D INDEX

10 OPINION Misguided Blame

BY EBRHA GOV’T POLICY COMMITTEE 12 INSURANCE Going the Extra Mile

BY NINA LAUFFER

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

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

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

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

Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright © 2017 by EBRHA. All rights reserved.

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contributors TINA BOCHEFF Tina is the Director of Strategic Partnerships and Editor of Rental Housing magazine. She joined EBRHA in 2010, and is responsible for business development, ad sales and events. As Managing Editor, she oversees the calendar, content creation, advertising and production.

Tina has over 10 years of nonprofit sales, fundraising and marketing experience. Prior to that she was Senior Sales/Marketing Manager at United Business Media, a global media company, where she launched trade expos in Asian markets.

CLIFFORD FRIED Clifford has been a real estate lawyer for over 30 years focusing his practice on leasing law, rent control, and occupancy issues. He has handled hundreds of trials and appeals in his career. He lectures on various real property issues and writes for several local apartment magazines and publications. He maintains the highest ratings by Avvo and Martindale-Hubbell and was named a Super Lawyer by San Francisco Magazine.

AUDREY KWON Audrey Kwon is the Community Landlord Liaison at Abode Services, a Bay Area nonprofit committed to ending cycles of homelessness. She thoroughly enjoys living and working in Oakland, spreading the word to Bay Area housing providers about opportunities to simultaneously conduct business and improve the well-being of our communities. She can be contacted at (510) 657-7409 ext. 232 or akwon@abodeservices.org.

NINA LAUFFER Nina Lauffer runs the daily operations for ARC Water Damage. She is a Bay Area native and became a small business owner within a few short years of graduating high school. She is thrilled to have found a passion and a career in being able to help people. With 13 years of experience, she is confident in providing advice or remediation cleanup services to her clients. She continues to provide solutions to her clients while learning something new about the industry every day.

SUSAN SPOTT Susan Spott is the owner of SpottCheck Consulting and Inspection Services. Susan has over 28 years of experience in the construction field. She has been a code official of several bay area jurisdictions, a staff consultant for a forensic architectural firm and now provides private consulting services to building owners, developers and contractors. SpottCheck specializes in litigation support services for housing and construction disputes.

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ACTIVATE YOUR VOICE 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.

EBRHA IS HERE FOR YOU. KEEP US INFORMED ON ANY COMPLAINTS FILED WITH THESE AGENCIES.

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title newshere San Leandro Tenant Relocation Assistance Ordinance Effective as of October 18 The City of San leandro’s recently

Tenant Groups Introduce Initiative to Repeal the Costa Hawkins Rental Housing Act have filed a proposed ballot initiative to drastically expand California’s rent control laws. The measure would repeal the Costa Hawkins Rental Housing Act, which limits the ability of city and county governments to enact stronger rent control laws. It was filed by the Alliance of Californians for Community Empowerment (ACCE) Action and the Eviction Defense Network, along with the AIDS Healthcare Foundation. If the law were scrapped, local governments could opt to apply rent control to new units and single-family homes. Currently in Oakland, rent control can only be applied to units built prior to January 1, 1983. Critics of the law also take aim at the fact that single-family homes and certain condos are exempt from rent control—and that it allows rental property owners of rent-controlled units to reset the cost of rent to market-rate prices every time a tenant voluntarily moves out. EBRHA and real estate groups argue that repealing Costa Hawkins would exacerbate California’s housing crisis by deterring new construction. EBRHA has joined forces with other industry organizations to deter the repeal of Costa-Hawkins and will send updates as they become available.

TENANT ADVOCACY GROUPS

Source: Jenna Chandler, 10/23/2017; https://la.curbed. com/2017/10/23/16526384/costa-hawkins-rent-controlballot-measure-initiative.

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approved Tenant Relocation Assistance Ordinance became law and went into effect on October 18, 2017. Tenants are eligible for and entitled to relocation assistance if the termination of tenancy is due to “landlord-caused termination.” The Ordinance defines a “landlord-caused termination” as a landlord taking action to terminate the tenancy of a tenant occupying residential property. This includes a landlord increasing rent to greater than 12% from the base rent during a twelvemonth period and the tenant elects to not remain in the residential property.

Some exceptions to “landlord-caused termination” include non-payment of rent, breach of lease, denial of access to the rental unit, and tenant illegal activities (additional exemptions are listed at the Ordinance website). Tenant Relocation Assistance requirements apply to any residential rental unit that is in a parcel that contains two or more tenant occupied housing units (e.g., duplexes, triplexes, fourplexes and multifamily residential property with 5 or more rental units). Mobile homes are subject to Tenant Relocation Assistance only if a tenant rents the mobile housing unit itself. Single-family homes and certain types of publicly subsidized affordable rental housing. Tenants with “specialcircumstance household” members are entitled to additional tenant relocation assistance (see “Relocation Assistance Amounts” section below). “Specialcircumstance household” is defined as “a tenant or anyone else authorized by the landlord” to occupy the rental unit based on the following characteristics: at least one resident is 62 years of age or older, or at least one resident qualifies as a person with disabilities under State law, or at least one or more residents is under 18 years of age. Eligible tenants will receive the higher of: three times the monthly rent that the ten-

ant is currently paying; or three times the current Fair Market Rent for the Oakland-Fremont metropolitan area.

A special-circumstance household may receive an additional $1,000 per rental unit. A landlord shall provide total relocation assistance to an eligible tenant in an amount not to exceed $7,000 per rental unit. For more information on noticing and relocation assistance payment procedures, rental property owners can go to www.sanleandro.org/ depts/cd/housing/tenant_relocation.asp.

San Francisco, San Jose Have Lowest Eviction Rates Nationwide, Says Study According to a study published on ApartmentList, San Jose and San

Francisco had the lowest and secondlowest eviction rates nationwide, respectively, of major metros across the U.S. ApartmentList economist Chris Salviati says, “Although displacement of longtime renters is a sensitive and high-profile topic in fast-gentrifying markets such as the Bay Area, these metros actually tend to have lower overall eviction rates. The list of metros with the lowest eviction rates contains locations well-known for their lack affordability, such as San Jose, San Francisco, Boston and New York.

While this result may seem counterintuitive, it seems to be driven by the fact that the most expensive areas also tend to have the best job opportunities.” To reach this conclusion, Salviati referenced ApartmentLists’s annual renter survey (which drew roughly 41,000 responses) as well as the self-reported rental history of ApartmentList users. The results found that 1.2% of renters in San Jose had experienced an eviction, along with 1.6% of San Francisco renters, the lowest rates of any city studied. According to ApartmentList’s study, the highest nationwide rate was Memphis, Tennessee with 6.1%.

The national average came in at 3.3%.

Source: Adam Brinklow, Oct. 27, 2017 sf.curbed.com/2017/10/27/16557562/ san-francisco-san-jose-owest-eviction-ratestudy. RH

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COLUMN

a message from the editor

tough. Not a lovefest, you might say.

Either we weren’t doing our chores, or our grades were slipping, or we were just driving my mom insane, generally. It was, as they say, “a come to Jesus moment” where my parents were just NOT going to have it, and we had to get our act together.

Back to Mark, the applicant. He told us his budget was $300 less than we were asking, which was already well below market. Our rental is a family home, so EBRHA is more than willing to help solve housing it’s a family decision. I called my dad.

“Well, he’s a good fit with good credit problems in the spirit of cooperation, but only references, but we just put a lot of when conversations are rooted in facts. BY TINA BOCHEFF and money into the place. So, we can drop it by $100, but that’s it,” he replied. With brand new everything—wood floors, kitchen cabinets, counters, appliances, windows and paint—a rent that low just wouldn’t pencil out. But, the place had been on the market for about a month, and we had concerns.

Nonetheless, when I called Mark the next day to “talk turkey” I wanted to be clear that we were not lowering the price any further. Period. He asked if he could look at the unit one more time, to make sure everything would fit. I said of course, and we scheduled a time for the next morning.

About 5am of said morning, I got a call from my mom, “There’s a fire nearby and we had to evacuate, we’re at your brother’s house and we’re ok.” Santa EBRHA President Wayne Rowland addresses property owner issues and concerns to Oakland’s mayoral candidates in 2014.

Rosa, my hometown, was on fire. Over the course of a just a few days, there fter conducting a recent open turkey in my life, and the were nearly two dozen house, I followed up with an fact that Thanksgiving “For decades, distinct fires burning applicant a few days later and is around the corner had EBRHA’s very public throughout Sonoma, left the following message: nothing to do with it. position has always Napa and Mendocino “Hi Mark (not his real name), as Word choice is a funny been that we are counties in what would promised I’m following up with you be the worst firestorm in thing. Talking turkey willing and able to about the property. You were very California history. means, of course, to be participate at the interested, but had some concerns.

Everyone I knew was honest, direct and to the table when it comes I’m getting lots of interest from other either evacuated or on point. The only person I to housing matters, people, so please call me at your earliest standby.

My parents know who ever said, “It’s and we have done convenience so we can talk turkey.” came to our house, and time to talk turkey” is my so successfully with Talk turkey? Why in the world did I my sister-in-law went dad, and the conversamany East Bay citsay that? I don’t think I’ve ever said talk tions that followed were to San Rafael.

But, ies.”

“Talking Turkey”

A

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ONLINE TENANT SCREENING

my brothers went back to my parents’ house, hosed down the roof and yard, and started clearing a 6-foot wide fire break around the perimeter. Luckily, Cal Fire showed up on the second day, and together they saved our home and 10 others on the road. The fire approached from three directions over the course of four days, but only one home was lost.

Most importantly, no one was hurt.

Three weeks later my parents and brothers are back in their homes. And, now Sonoma County has over 5,000 families who lost everything—including loved ones—looking for new housing while they rebuild their lives.

So, back to talking turkey. The next conversation with Mark was difficult because I knew how much he wanted the place, all things being equal. But things were no longer equal, and I had to deliver some unfortunate news. Too many people had suffered devastating losses, so the discussion was no longer a question of price, but a question of need. Thankfully, he understood that we would need to rent to one of over 80 neighbors who had lost their homes.

There’s all kinds of turkey talk. Truth to power is one, the underlying premise being that you need to deliver your message, no matter what.

Communication styles can serve you, or they can work against you. At the same time, tough conversations do not have to be alienating or painful.

Several months ago, we began publishing a regular column by our Government Policy Committee, which provides research and policy positions to advise policymakers on the issues that affect our industry and the communities we serve.

If you missed it, see Basic Principles (page 17), Remove All Obstacles (Sept. issue, page 18) and Misguided Blame on page 10 of this issue.

For decades, EBRHA’s very public position has been that we are willing and able to participate at the table when it comes to housing matters, and we have

To Schedule an Appointment, Call (510) 893-9873

done so successfully with many East Bay cities. However, no matter the topic, only with all the cards on the table can we negotiate a deal that works for all.

Do you talk turkey with your residents and applicants? What about your elected officials, who—it must always be remembered—are elected to serve us?

This is what EBRHA does, and it is what we will continue to do. In the pages of this magazine, on our website, at member meetings and at public meetings of all kinds.

Our conversations—whether they are related to policy formulation, amendment or implementation—are rooted in facts, and with deep experience in local housing markets. We will continue to work towards data-driven decision making, both locally and at the State level.

Talk turkey, yes. But, with mutual respect for multiple perspectives—in the spirit of cooperation—toward real solutions.

With Thanksgiving just around the corner, and in the wake of the worst fire in the history of California, I have more to be grateful for than ever before. How apropos. Happy Thanksgiving. RH

EBRHA provides members with low-cost online resident screening.

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P.S. EBRHA is seeking donations of nonperishable food items, pet food/supplies, and personal hygiene products for victims of the fire. For more information go to www.ebrha.com/relief.

To donate to EBRHA’s PAC and Legal Action Funds, go to ebrha.com and click on “DONATE.”

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*Includes TransUnion credit report, FICO score and eviction history

East Bay Rental Housing Association Tina Bocheff is the Managing Editor of Rental Housing magazine and the Director of Strategic Partnerships at EBRHA. She can be reached at tbocheff@ebrha.com. ebrha.com

TEL

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NOVEMBER 2017

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RENTAL HOUSING 9

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opinion

is extremely important to our members and to the community. The insidious scapegoating of rental owners distorts the political conversation in our community, creates 40 years of misguided laws and regulations that worsened the housing shortage and diverts the City from implementing real solutions.

This scapegoating must stop now.

It is past time for City officials to admit publicly that rental owners are NOT to blame for the rental housing shortage just as homeowners are not to blame for the escalating prices of homes.

Both claims are equally ridiculous, yet one appears to still drive rental-housing policy in Oakland.

A letter to Oakland city officials on the proposed City officials will continue to find EBRHA leaders and members willing relocation ordinance. BY EBRHA GOV’T POLICY COMMITTEE partners in reaching effective solutions to the current shortage of rental-housing.

We have the expertise and the handson experience. We want to help. But we cannot, and we will not, participate as long as City officials continue to unfairly target our members and our industry as part of their political strategy. Any City official that continues to place unfair blame on rental housing owners will find our Association members to be a significant obstacle to re-election.

If you agree with our position, call and email the City Attorney, the Mayor and Councilmembers and explain your situation to them in personal terms. Explain your limited financial situation and the unfairness of forcing you to subsidize tenants for life. Tell us your story and how laws and regulations that supposedly n the October issue of Rental these issues affect you. You matter! addressed the housing shortage actually Housing, the EBRHA Government And then support the EBRHA Politipunishing, and limiting the rights of, Policy Committee asked Oakland’s cal Action Committee (PAC) to broadcast private rental owners?

Mayor to “Remove All Obstacles” to our messages, and the On page 11, our letter the creation of more housing, not just “EBRHA leaders and EBRHA Legal Action to the Mayor, the City the lack of funding she addressed in members have the Fund to enable our Attorney and the City her Chronicle editorial. We urged her expertise and the research and legal chalCouncil challenges a proto consider that the confusing, comhands-on experience. lenges on your behalf. posed ordinance that rests We want to help. plex patchwork of “rent stabilization” RH on the same misguided laws and regulations represent another But we cannot, and idea of blame. More significant obstacle to the creation of we will not, particiThe EBRHA Government additional housing. We also commended importantly, according pate as long as City Policy Committee provides to recent court rulings, the Mayor for recognizing that lack of officials continue to research and policy positions to advise policymaksupply of housing was the cause of both this proposed law also unfairly target our ers on the issues that affect violates the U.S. Constitu- members and our high home prices and high rents, not our industry and the comtion. individual market decisions of thouindustry as part of munities we serve. To reach the Committee, please The issue of blame sands of rental owners. But the burning their political stratemail news@ebrha.com. for the housing shortage question is this: Why are Oakland rent egy.”

Misguided Blame

I

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3664 Grand Ave l Suite B Oakland, CA 94610 P 510.893.9873 l F 510.893.2906 www.ebrha.com l news@ebrha.com OCTOBER 23, 2017 MAYOR LIBBY SCHAAF, CITY ATTORNEY BARBARA PARKER, AND OAKLAND CITY COUNCILMEMBERS ONE FRANK OGAWA PLAZA, OAKLAND, CA 94612 RE: PROPOSED UNIFORM RESIDENTIAL TENANT RELOCATION ORDINANCE

Dear Madame Mayor, Madam City Attorney and Councilmembers:

We are writing on behalf of the East Bay Rental Housing Association members and all rental-housing providers to object strongly to the proposal to enact the Uniform Residential Tenant Relocation Ordinance. This proposal would set a uniform relocation schedule of payments to tenants from $6,500.00 to a maximum of $12,375.00, depending only on the size of the rental unit and the status (elderly, disabled) of the displaced tenants. This payment from the rental property owner to the tenant(s) would be required under any permitted “no-fault” eviction under the existing eviction ordinance. An enforcement mechanism is also proposed.

Our objection is based on the fact that any such system of relocation payments was rejected by a Federal Court in Levin v. City and County of San Francisco (2014) 71 F. Supp. 3D 1072. While this ruling applied to “Ellis Act” evictions (going out of the rental business), its reasoning applies to any scheme of relocation payments by a municipality including your proposed ordinance. The court made clear that any such required relocation payment from the lessor to the tenant must “have an essential nexus with, and [be] roughly proportional to, the harm caused by a property owner’s withdrawal of a unit from the rental market.” Otherwise it is an impermissible “taking” in violation of the 5th Amendment to the U.S. Constitution. And the court was clear that the harm of returning a tenant to the rental market ending the city-imposed low rent was not the fault of the lessor. The lessor in particular, and lessors in general did not create the disparity between the artificial and real rental markets, nor were lessors responsible for the higher market rents in general.

The case clarified what should be clear to you: the proposed Relocation Ordinance before you, like the S.F. ordinance ruled unconstitutional in Levin, attempts to hold certain property owners responsible for the socalled “crisis” in housing in Oakland and attempts to punish them by requiring a “penalty” payment to the tenant that is unrelated to any actual harm. As the Levin decision stated, “the property owner’s decision to repossess a unit did not cause the rent differential gap to which the tenant is now exposed.” While the huge threatened relocation payments in San Francisco were clearly punitive, ANY amount in excess of the actual costs of relocation appear to be excessive unless clearly explained and justified as harm caused by the owner.

In the Analysis section of the 10/4 City Council Agenda Report before you, the primary rationale for the Oakland relocation payments is the increase in “Oakland’s exorbitant housing prices.” This reasoning for imposing such lump-sum relocation payments up to $12,375.00 is specifically prohibited by the Levin court. A city may not blame (and punish!) an individual rental property owner for a complex situation facing all of California. As the Levin court indicates, much of the responsibility for the gap between “rent-controlled” rents and market rents is the municipality’s decision to impose rent controls that create that imbalance.

Please reconsider these payments again carefully and reset them to comply with court rulings and with the Constitution. The “actual harm” to a tenant having to move for reasons completely legal is likely limited to the actual costs of moving. If the City decides instead to continue to scapegoat small rental property owners that are simply using a legal “no-fault” eviction to go out of business, to comply with code requirements, or to occupy their own property, then EBRHA will have no choice but to ask the court to protect the Constitutional rights of Oakland’s mom-and-pop rental owners.

Sincerely,

Wayne C. Rowland EBRHA President

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COLUMN

insurance established, the next step is to approach the insurance carrier with a full information package.

Going the Extra Mile Avoid insurance headaches by making your restoration company work for you. BY NINA LAUFFER

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ealing with water damage restoration and mold mitigation is stressful and challenging for any rental owner. The situation itself is not a pleasant one, and no one wants to see their property and personal belongings be affected by water, fire or mold damage.

Here are some simple tips that are specifically geared towards assisting rental property owners to establish insurance coverage.

Working With Insurance Carriers Having worked in the water damage restoration business for over 13 years, I have dealt with over 5,000 different claims—some covered by insurance and some not. Throughout the years, I have developed some sound strategies on how to work with insurance carriers and how to maximize coverage. For instance, some policies might include mold remediation coverage up to a 12 RENTAL HOUSING

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The Inspection Part of the inspection process is taking moisture reads, thermo-hygrometer reads, and photos in both standard and infrared formats. In addition, it’s important to conduct a full visual inspection of the complete property, not just the areas that appear to be visually damaged. At times it is possible to miss a portion or portions of the affected areas, which is why a restoration company should always make sure that a full property inspection is performed.

Insurance Policies & Deductibles The first step, following the inspection and estimation process, is to find the insurance policy and contact the insurance agent or carrier. The carriers typically ask for an explanation of the situation and the extent of damage.

At which point, we are able to provide photos, reads, measurements and a full itemized Xactimate, which is a computerized estimating software used by insurance carriers and adjusters themselves to calculate the cost of mitigation and restoration projects. certain amount, while other policies During this conversation with the cover crawlspace damage and some do insurance carrier, I look at coverage not. Knowing this information before parameters, as some policies may vary. I talking to your insurance carrier is very also ask for the deductible amount on the helpful. particular policy. Once I have estabI normally advise homeowners to lished the cost for remediation, as well as consult their restoration company prior repairs and deductibles, to starting a claim. In “In the event that the client then decides our case, we come out to a restoration comif they would like to the property and do an pany does not want submit this through to assessment of the damto work with your their insurance carrier. age at hand. Our on-site insurance carrier, In years past, it was not estimates are always I always recomuncommon to find polifree, as they are for most mend to proceed cies with $100, $250 or restoration companies. with someone else. $500 dollar deductibles.

This assessment helps Most professional Now, it’s common to the restoration company restoration firms are find $1,000, $2,500 and understand what hapnot only willing, but even $5,000 deductpened and what needs to have plenty of expe- ibles. In some cases, it be done in order to bring rience in dealing makes sense to submit the property to a pre-loss the claim through the condition. Once the scope with insurance carriers and the adjustinsurance carrier, and in of work, costs of repairs ers.” other cases the deductand a project timeline is

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ible alone is more than enough to cover the full loss and repairs.

Insurance coverage might include the remediation, dry out and decontamination process. Coverage might also include reconstruction. That is why it makes sense to consult your restoration company. If your restoration professional is knowledgeable, they should be able to assist you from beginning to end: from the first call to assisting you with coverage, talking with the insurance adjuster, submitting all the necessary documentation, through the work itself and through to the final payment.

Finding the Right Company In the event that a restoration company does not want to work with your insurance carrier, I always recommend to proceed with someone else. Most professional restoration firms are not only willing, but have plenty of experience in dealing with insurance carriers and adjusters.

Contracting a reputable restoration firm can make all the difference not only in terms of the work quality, but also in what coverage is accepted.

An easy way of screening restoration companies or any other contractors is to simply look for reviews. Sites such as Google and Yelp make it easy to locate and choose which company you would like to proceed with. As with any industry, there are many options. When seeking a restoration company for a project, rental owners should look at the quality of their workmanship as well as their customer service.

Customer service in this industry is one of the most, if not the most, important aspects of our work. As mentioned, these are trying times for the client, so a reputable and well-respected contractor should go the extra mile and ensure that the work is properly done, on time and that your insurance carrier is provided with all the necessary documentation to cover the full claim. RH

Nina Lauffer runs the daily operations for ARC Water Damage. She can be reached at 877-4379225 or ninalauffer@gmail.com.

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FEATURE

Warranty Habitabil

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y of lity

What an owner should know about habitability issues in rental units. BY CLIFFORD FRIED

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n response to an eviction action, many tenants raise a defense claiming that the rental property owner has breached the warranty to provide a habitable premises.

Most of the time, there has been no breach of the warranty of habitability that would entitle the tenant to a rent reduction or a defense to the eviction action. Still, it can be a powerful defense.

Every residential rental agreement in California contains an implied warranty of habitability. In other words, the owner warrants that the premises is in fact habitable.

In the landmark case of Green v. Superior Court, it was held that a tenant defending an unlawful detainer for nonpayment of rent may raise the owner’s breach of the warranty as a defense. The conditions covered by the warranty of habitability are enumerated in either Civil Code Section 1941.1 or applicable local housing and building codes.

Contrary to what tenants and their advocates would have us believe, the existence of a prohibited (uninhabitable) condition or other noncompliance with applicable code standards does not necessarily constitute a breach of the warranty.

Substantial Breach

In order for there to be a breach of the warranty, the tenant must show that there is a substantial defect at the premises. This is true because an

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“In most cases where the tenant has raised the defense of habitability, the defense fails. Since it is an affirmative defense, the tenant bears the burden of producing evidence of a breach of the warranty, and, ultimately the burden of proving the existence of the breach by a preponderance of the evidence. Most tenants cannot meet their burden of proof and the owner prevails in the eviction lawsuit.” owner is only required to maintain “bare living requirements.”

The California Supreme Court gave an indication of the scope of the warranty: “In a modern society one cannot be expected to live in a multi-storied apartment building without heat, hot water, garbage disposal or elevator service. Failure to supply such things is a breach of the implied covenant of habitability.

Malfunction of venetian blinds, water leaks, wall cracks, lack of painting, at least of the magnitude presented here, go to what may be called ‘amenities.’ Living with lack of painting, water leaks and defective venetian blinds may be unpleasant, aesthetically unsatisfying, but does not come within the category of uninhabitability. Such things will not be considered in diminution of the rent.”

Insubstantial defects and noncompliance with codes are tolerated by the law because the warranty of habitability does not require that an owner make the premises in a perfect, aesthetically pleasing condition.

Whether there has been a breach of the warranty of habitability is a factual determination to be made on case-by-case basis. It is not always easy to know if a condition rises to the level of a breach of the warranty.

Proper Notice

To establish a breach of the warranty, the tenant must also give notice of alleged defects to the owner. An owner has no right or duty to do regular inspections of the premises. If the tenant never tells the owner of the problem, the owner knows of nothing to repair. The tenant must allow a reasonable amount of time to make repairs to be made after giving notice to the owner of the alleged defects.

Tenant Obligations

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injuries to the premises caused by his or her own “want of ordinary care.” The concept that one cannot benefit from one’s own wrong comes from contract law and is applicable to the habitability defense.

An owner has not breached the warranty where the tenant has: 1) failed to keep the premises clean and sanitary; 2) failed to dispose of all rubbish, garbage, and other waste in a clean and sanitary manner; 3) failed to operate all electrical, gas, and plumbing fixtures and keep them clean and sanitary, or; 4) willfully and wantonly destroyed, defaced, damaged, impaired or removed parts of the rental unit or where the tenant has caused defects and damage due to own acts or neglect.

Unique Berkeley Issues

Berkeley eviction laws contain some unique provisions that could be a trap for the unwary.

First, when owners are evicting for nonpayment of rent, they must be in compliance with the laws of habitability. An owner must allege in the eviction lawsuit, as to each rental unit on the property, substantial compliance with the warranty of habitability.

The failure to allege substantial compliance with the warranty of habitability is a defense to an unlawful detainer complaint in Berkeley. Omitting the necessary allegation in the complaint is fatal unless the court permits an amendment of the complaint after it is filed.

Affirmative Tenant Lawsuits

Tenants may also bring their own lawsuits if the owner has breached the warranty. In these lawsuits, the tenant will typically seek damages for loss of use of the rented property, emotional distress and statutory penalties. A prevailing tenant would be entitled to damages and attorney’s fees. An owner’s property insurance might afford coverage for these claims.

Conclusion

In most cases where the tenant has raised the defense of habitability, the defense fails. Since it is an affirmative defense, the tenant bears the burden of producing evidence of a breach of the warranty, and, ultimately the burden of proving the existence of the breach by a preponderance of the evidence. Most tenants cannot meet their burden of proof and the owner prevails in the eviction lawsuit.

So why does the tenant bother to raise the defense in their answer to the complaint? First, they might have a slim chance of meeting their burden of proof. Second, it is something to argue about and hopefully prompt a settlement. RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Clifford Fried is an attorney with Fried & Williams LLP and can be reached at (510) 625-0100 or www. friedwilliams.com.

3664 Grand Ave l Suite B Oakland, CA 94610 P 510.893.9873 l F 510.893.2906 www.ebrha.com l news@ebrha.com

EBRHA has approved the following ‘Basic Principles’ drafted by the Government Policy committee. It is meant to encapsulate fundamental ideas shared by our EBRHA membership and to create a foundation for further political activities on behalf of the EBRHA membership. We welcome your comments and suggestions. We also welcome finally beginning a healthy dialogue with our neighbors about rental housing and how we can work together to solve the current housing shortage. Only by listening to everyone and sharing all of our experiences and data can we make real, measurable progress in addressing this critical need.

EBRHA BASIC PRINCIPLES 1) About EBRHA The East Bay Rental Housing Association (EBRHA) represents rental-housing providers in Alameda and Contra Costa Counties. Our members provide quality, affordable housing, and are the bedrock of a vital, productive community. As residents and local families invested long-term in our communities, we personally feel the successes and failures of housing policies in our daily lives.

We are our communities. EBRHA members are overwhelmingly mom-and-pop homeowners. For many of us, rental income is the primary source of retirement income. EBRHA members include union members, city employees, teachers, retired workers, and folks on fixed incomes. We include your aunt and uncle, grandparents, cousins, beat cops and firefighters, doctors and dentists, neighbors, etc.

We share many concerns and interests with our customers; renters with whom we agree to provide impermanent housing on our properties. We support fair treatment for renters. We support existing Federal and State laws defining our rights and responsibilities.

2) EBRHA Basic Political Positions a. We SUPPORT rent subsidies for renters in real need, funded by the whole community. b. We SUPPORT the housing policies of most communities in the U.S. where functioning rental markets based on competition between owners keep rents fair, promote housing quality and encourage investment in maintenance and new construction to balance housing supply with demand. c. We strongly OPPOSE government imposed rent subsidy programs that assist renters that have no need, or that are funded by only an arbitrary subset of property owners. These programs (mislabeled “Rent Control”) only worsen housing shortages, damage their communities, and both overly burden the wrong owners and subsidize the wrong renters.

3) Our Vision for the Community a. Maintain ongoing, honest conversations with the community, informed by real data, about the costs and benefits of price controls on residential rents. b. Any rental assistance program is carefully designed to respect all stakeholders, achieve reasonable, rational objectives, and avoid unacceptable consequences, such as reducing much-needed housing investment thereby worsening housing shortages. c. Uphold the basic Constitutional rights of all citizens. The U.S. and California Constitutions established that all homeowners must receive Due Process in all government deliberations affecting their property. Sufficient time must be allowed for all stakeholders to be heard and for careful deliberations before creating housing policies. d. Subject all government housing programs to regular, independent evaluation to inform any changes, remove failing programs, and sunset all programs unless continued need is clearly demonstrated.

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FEATURE

Dignity & Se

How one rental owner in partnership with Abode Services combats homele

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ecurity

essness in the Bay Area. BY AUDREY KWON

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veryone deserves the dignity and security that comes with a place to call home. It’s no secret that the Bay Area is in the grips of a housing and homelessness crisis, threatening the dignity and safety of thousands of children and adults. Private property owners and managers can play a critical role in combating the causes and effects of homelessness— without compromising their personal goals to do so.

Abode Services—one of the largest and most effective Bay Area nonprofit leaders in ending cycles of homelessness—partners with hundreds of local property owners and managers (including EBRHA) in Alameda, Santa Clara, San Mateo, and Napa Counties to create new housing opportunities and provide second chances for our vulnerable neighbors.

Meet Frank, Rental Owner & Abode Services Housing Partner

Rental property owners can make a difference. Frank, one of Abode’s long-time housing partners in Oakland, shares his story as an ambitious newcomer to the Bay Area whose beginnings as a real estate businessman were intertwined with Abode.

Frank came to the Bay Area around 20 years ago when he was admitted to UC Berkeley Haas School of Business. When he graduated, he got into the real estate market and got his broker license. In 2012, he started with 18 units in front of Highland Hospital in Oakland. “There were a few Abode clients in that building living there already,” he says. “I started working with [former Abode caseworker] Esteban and he was the perfect Abode staff person.

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“Because Abode can handle the management work, Frank says he doesn’t have to really spend time to look for a tenant.

That really reduces a lot of headaches and labor, so he has the time and energy to purchase more buildings and expand his business. In fact, just recently, he talked to a broker for a new building with 20 Abode tenants living in the building.” how to follow the laws and rules, and [how to] get accepted by everybody in the neighborhood.”

As a new property owner, Frank paid special attention to his business, developing practices and relationships that he continues today.

Because it was his very first product of real estate in life, he was 100% dedicated. “I probably [spent] eight hours per day just going to the building, looking for things to do, looking for habitability issues to avoid. I ended up meeting [the tenants] every day as a landlord. Now, I have that face-to-face relationship with them.”

Over time, Frank came to know his tenants as individuals with their own stories of building their lives in an Oakland apartment building.

“Some of my favorite [Abode] tenants… most of them are young, energetic, and they’re eager to work hard. They just don’t have many chances to work,” he says. “One Abode client who I work with, his name is Ricky. He was introduced [to me] at the beginning when I purchased my first building. He’s a really nice kid.”

Building Friendships

Instead of an owner-tenant relationship, Frank deals with tenants as business partners and friends. He says they often have parties, sometimes in front of the building or the backyard of the building to do barbeques, or they have a turkey and pizza feast for Thanksgiving. “During the holiday season, when we have the time, we have a candy or pizza party. We decorate our hallways during Halloween and during Christmas.”

Frank says the Abode tenants in his first building would mutually help each other since they share a common hallway, and they would watch out for each other. “They protect each other like a very big Abode family,” he says.

Frank is more than just a property owner. He is a true partner in making sure that our most vulnerable neighbors receive 20 RENTAL HOUSING

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a helping hand, because hard times can come and go for anyone.

“Our society and our country’s safety and security are guaranteed based on the safety of the homeless,” Frank says. “We have to make sure they’re secure and safe before we develop something at the high end.”

Frank grew up in a third world country.

When he was a baby, his mom used a handheld fan to blow air to help him get cooler in the summer, as she couldn’t afford an electrical fan to plug in. “Once we got here, I realized that in this country, people’s lives are desperate or in jeopardy. I have no problem helping them out, because I came from a so-called third world country, 20 years ago. We didn’t have the social welfare, the social benefits. We appreciate the U.S. [for protecting] the homeless. I see Abode is making that effort.”

A Growing Business

In the years Frank has partnered with Abode, he expanded his portfolio from four to more than 10 Abode households on his properties. For him, the partnership makes great business sense and opens doors for exciting possibilities for his flourishing business.

Frank says that whenever he has a vacancy, the first contact is Rakeya, his Abode Housing Program Manager. He’s worked closely with Rakeya, Sushil, and Melanie (another Housing Program Manager), who are all very quick and responsive.

Because Abode can handle the management work, Frank says he doesn’t have to really spend time to look for a tenant. That really reduces a lot of headaches and labor, so he has the time and energy to purchase more buildings and expand his business.

In fact, just recently, he talked to a broker for a new building with 20 Abode tenants.

Abode Services is thankful for partners like Frank for all they do and their continued partnership with Abode Services. With partners like Frank, Abode Services is able to serve many in need of a home.

About Abode Services

Established in 1989, Abode Services’ mission is to end homelessness by assisting low-income, un-housed people, including those with special needs, to secure stable, supportive housing; and to be advocates for the removal of the causes of homelessness.

To find out how you can step into a new role and partner with Abode Services, please contact us at 1-800-811-0393 or landlords@abodeservices.org. You can also learn more about us by visiting www.abodeservices.org. RH Audrey Kwon is the Community Landlord Liaison at Abode Services, a Bay Area nonprofit committed to ending cycles of homelessness. She can be contacted at 510-657-7409 ext. 232 or akwon@abodeservices.org.

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FEATURE

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Preserving Your Building’s Health The importance of routine inspections on your multifamily investments. BY SUSAN SPOTT

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aking care of an investment is always important. For owners of rental housing, whether single or multifamily buildings, maintenance is a top priority for protecting an investment.

There are myriad conditions that can compromise the longevity and health of a building. Additionally, there are building code requirements, that although generally are not retroactive for existing buildings, do affect the level of compliance that property owners are responsible for. This article will focus on specific areas where diligent maintenance is needed. Additionally, this article will discuss areas of upkeep and renewal that may not readily occur to some property owners. Hopefully, these tips will provide guidance for owners when considering the upkeep and maintenance of their building.

Tenants

Rental housing owners service a unique client. In providing a home for a diverse population, there is little control as to how the product provided will be used. Rights of privacy require a certain level of detachment of owners that may lend to prolonged abuse or neglect of components. A malfunctioning or poorly performing feature may not be readily reported to the owner until the repair of such is expensive. Consequently, it is up to the owner to be proactive in their involvement with the property, creating an element of responsiveness and foresightedness that the tenants will come to expect.

Environmental Issues

A common and significant threat to the structural integrity and the habitability of a building is water. Uncontrolled water flow around and on the building can result in differential settlement to the foundation, damage to the interior finishes and microbial growth. Consider the skin of the building: it may be stucco, wood siding or brick. In all of these cases it is essential that building openings (windows and doorways) or penetrations (piping, venting) be properly sealed to prevent water intrusion.

When the building is first constructed, it is most desirable that the builder takes care in the flashing of these openings. However, flashing is commonly overlooked or not properly designed.

Flashing is a component of the building envelope that sheds water away from the building. Installation involves sheet metal and self-adhered membrane installed within the layers of the building paper. Penetrations to accommodate building services when planned at the original construction, should also be flashed, but often little thought is given to that, either by designers or builders. Consequently, waterproofing is left to caulking which can be effective if done properly, but does require regular maintenance.

Roofing is well known for its required maintenance and replacement. And the intricacies of a good roofing system are often underrated. Points of transition of the horizontal to vertical elements require careful detail and understanding. Particularly, for low slope roofing, the choices of material

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common an occurrence. Once again, we are dealing with a building system that typically has a much shorter lifespan than the building itself and is often modified throughout the life of the building. I recommend annual inspections, servicing and cleaning of all gas-powered appliances by a licensed professional. All modifications should be done with a permit from the AHJ (Authority Having Jurisdiction) and carefully documented.

Currently the market offers a multitude of energy efficient alternatives to air and water heating. Again, while more expensive in the initial costs, these devices offer advantages such as greater responsiveness and lower fuel consumption which result in long-term savings. Additionally, these appliances are smaller and more adaptable to limited space for installation, replacing bulky equipment.

Another mechanical system that is quite important, but often overlooked, is ventilation fans. Building owners often must contend with the dreaded “m” word: mold. While exhaustive steps can be taken to prevent moisture intrusion into a building, we often have little control as to how the moisture—generated by bathing, cooking and general habitation—is handled.

For example, the bathroom may have a functioning window which satisfies code requirements for ventilation, but the owner can’t dictate its use. Alternatively, in addition to that operable window, the building owner can install an automatic fan that activates either by a sensing device or the activation of a light switch. A simple step of installing a fan such as this (be sure it is vented to the exterior properly) may save the owner from costly and inconvenient repairs.

Plumbing systems installed at the time of the building’s construction, can last well into the lifespan of the building, if properly maintained. Cast iron piping is extremely durable and can be modified to accept the newer ABS type piping if done properly. All plumbing fixtures (sinks, showers, etc.) require venting. Venting provides the proper air balance to facilitate necessary drainage and the exhaust of gasses and odors. When modifications to the plumbing facilities occur, proper venting is often overlooked.

In the days a large portion of our building stock in the Bay Area was constructed, galvanized piping was used for water distribution. However, over time, this type of piping collects debris and rust that can hinder the flow of water. Currently, copper piping is the preferred material for water distribution simply because it’s far more resistant to rust and its smooth interior lining does not host blockage as galvanized piping does.

A partial replacement of galvanized to copper may occur when plumbing fixtures are changed out; however, if a proper connection from new copper lines to existing galvanized is not used, rust and deterioration can occur. It is important that when such modifications are made a proper connection is used to prevent this. A proper connection is one that isolates the galvanized piping properties from the copper.

“Building owners are responsible for being in compliance with their building’s health and safety codes. Purchasing a property that has condition and compliance issues automatically shifts the inherent problems to the current owner’s responsibility for correction.” are many and should be carefully considered. There are many products on the market today that provide great warranties, that although more expensive in the installation, can provide a peace of mind and long-term savings. And of course, there are current energy code and attic ventilation requirements that require careful consideration as well.

Site drainage is an important aspect of water control that is often overlooked, particularly with the older building stock we have in our community. Simple foresight can avoid problematic leaks into basements, dry rot and pest intrusion.

Electrical, Mechanical and Plumbing

Building services are essential for proper building performance and occupant comfort, health and safety. A properly sized and installed electrical system which may have been quite adequate at one time may be insufficient today. Over the 50 or 75 years a building has been in service, it is common for modifications to have been done, some of which may not have been done properly. Though outlets may be serviceable, they may be inadequate in frequency, leading the occupants to rely on extension cords.

Older service components such as breakers and wiring, particularly if modified or not properly maintained, may not be able to withstand the heat from excessive loading, causing fire and death.

Electrical wiring is installed inside the walls of the building and can only be evaluated from particular vantage points such as the basement, attic and at the service and distribution panels without getting into destructive investigation. That said, if the wiring was improperly altered at any point it may fail within an enclosed location, thus going undetected for some time until a catastrophic event evolves.

If the reader is concerned about this, that is good. Always have licensed professionals service the electrical needs of the building, be sure the work is permitted and well documented.

Mechanical systems generally cover the air conditioning (heating, cooling and ventilation) of a building. Gas powered systems are generally more economical; however, with this come elements of risk. Besides the apparent risk of introducing flame and fuel into a building, carbon monoxide poisoning from improper venting, and deteriorating equipment is all too 24 RENTAL HOUSING

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Maintenance Considerations for Building Owners PHOTOS BY SUSAN SPOTT

Sump pumps are a viable option when dealing with excessive water in a basement or underfloor of a building. But of course, these must be installed properly.

Even though the code requires the use of a G.F.C.I. (ground fault circuit interrupter) outlet in basement and underfloor areas, they should not be used for the electrical source for these appliances. By creating a designated circuit for this appliance, the code required use of a G.F.C.I. does not apply. Additionally, it is important that these devices are maintained and frequently inspected and serviced.

Code Requirements & Liability The stairway pictured above has a few problems, aside from not being wide enough. There has been an effort to install a non-slip strip. However, it has not been maintained and now presents a clear tripping hazard.

An example of self-adhered membrane installed properly around the opening for a window — the first step in a good flashing assembly.

The picture above shows an example of poor electrical work. The cord on the right is an extension cord which is not suitable for building wiring.

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Building codes establish minimum requirements for building construction and occupancy. The specifics of these requirements depend on the intended use of the building. Where the building can be built is also dependent of its intended use.

For this, planning and zoning requirements are established. Some examples: the construction of a theatre that intends to host a large group at any given time is prescribed an occupancy type with specific requirements for exiting and fire resistance and protection. Or a warehouse that will store highly combustible items will have specific requirements regarding their proximity to residential buildings.

So, the designed use of the building is directly related to the code requirements for public and occupant safety.

Consequently, all buildings are identified with a type of construction which defines the materials allowed to be used for construction. Their use is identified as an “occupancy classification.”

A condition I’ve often encountered is the illegal use of buildings. That is when a building’s occupancy type at the time of construction is modified without the benefit of permitting or inspection. The Ghost Ship Fire that occurred in Oakland California in 2016 is prime example of this. This structure was constructed for a warehouse, not for public housing or assembly. A building designed for housing or assembly would have specific requirements that this building lacked. The modified use of this building was dangerous for many reasons, the most primary being a lack of adequate exiting for the occupant load (which the building was not

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UPCOMING EVENTS EBRHA Office Closed — Veteran’s Day D ATE & TIME FRIDAY, NOVEMBER 10

Small Property Owners Roundtable D ATE & TIME M ODERATOR

PRICE

TOPICS

TUESDAY, NOVEMBER 14; 4:00 P.M. - 5:00 P.M. Wayne Rowland, EBRHA Board President Free to members only An informal discussion on management issues and solutions

Oakland Rent Board Roundtable D ATE & TIME M ODERATOR

PRICE

TOPICS

WEDNESDAY, NOVEMBER 15; 11:00 A.M. - NOON

Steve Edrington, Edrington & Associates Free to members only An informal discussion on preparing for your Oakland rent board hearings and petitions

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

PRICE Free to EBRHA members only TOPICS EBRHA Board of Directors Election + Association Update

EBRHA Office Closed — Thanksgiving D ATE & TIME THURSDAY, NOVEMBER 23 & FRIDAY, NOVEMBER 24

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. REGISTRATION REQUIRED 28 RENTAL HOUSING

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ebrha.com

designed for). But in addition to this, was the improper work that was done by the occupants without the benefit of a permit.

These modifications included, electrical wiring, erection of partitions that created separate spaces, an accumulation of an excessive fuel load (in furniture and stored material), all leading to a catastrophic event that claimed 36 lives.

The illegal use of the Ghost Ship building located at 1305 31st Avenue is not an anomaly. It is something that occurs more commonly than it should. It happens that the tenant use of a building can sometimes be difficult to monitor and control; it also happens that some building owners simply don’t care. But this tragic event that occurred in December 2016 could likely have been prevented had more diligent monitoring of the building occurred.

Building owners have a significant responsibility to their tenants. They must provide housing that meets the minimum code standards as defined by the Health and Safety Code (referred to the Housing Code). It behooves the building owner to be aware of their jurisdiction’s housing requirements and take the necessary steps to meet them.

It also is important for the owner the periodically check on the building to make sure modifications are not occurring. Sometimes this can be challenging, but it’s important to realize that modified systems (electrical etc.) can be quite dangerous. The maintenance of the smoke and carbon detector alarms is important.

As previously stated, the building codes generally apply to new construction. However, there are multiple instances where upgrades to current code are required, either triggered by the valuation of new work or the specific characteristic of the building. For example, existing multifamily buildings that are more than three stories in height and contain more than 16 dwelling units require an automatic or manual fire alarm system throughout the building.

Exiting requirements for buildings are found in both in the Building and Fire Code as well as the Housing Code. The purpose of these requirements is to assure proper evacuation of the building in the event of a life-threating event. Consider a fire event occurring in a building. If the

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UPCOMING WORKSHOPS Understanding Oakland Rent & Eviction Controls D ATE & TIME

SPEAKER

PRICE

TOPICS

WEDNESDAY, NOVEMBER 15; 10:00 A.M. - 11:00 A.M.

Steve Edrington, Edrington & Associates Members: Free; Non-Members: $69 Oakland’s Rent Laws, Required Notices, Annual Adjustment, Increased Housing Service Costs, Decrease in Housing Services, Banking, Capital Improvements, and more PRESENTED BY

Rental Property Management (RPM) 104 D ATE & TIME

SPEAKER

PRICE

TOPICS

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EBRHA Board & Staff Members: Free; Non-members: $69 Advantages to Rental Agreements, Specific-term Leases, Prohibited Provisions, and more

fire itself does not shut down the electrical service, the Fire Department will, along with the gas supply. The building will be dark and people will need to evacuate. Consider this when evaluating the exiting system for your building.

Are there adequate emergency lighting fixtures installed? Is the path of travel clearly marked with exit signage illuminated by a separate and backup power supply? Are the doors unlocked from the inside and can someone with a disability operate the hardware? Consider lever hardware on all doors instead of knobs.

Be sure all stairways are code compliant with handrails. On all stories up to the 4th floor, be sure all your bedrooms have emergency egress. Finally be sure all required smoke and carbon monoxide detectors are in place and functioning.

Maintaining the Health & Safety of Your Buildings

Building owners are responsible for the condition, health, and safety code compliance of their buildings. Purchasing a property that has condition and compliance issues automatically shifts the inherent problems to the current owner’s responsibility for correction. So thinking, “This is the way it was when I bought it” does not let current owners off the hook. Consider this carefully. This author recommends a thorough inspection of all properties when purchasing and that the inspection is provided by someone who is familiar with trade practices and code requirements. Additionally, it is recommended that the building owner prepare a multi-year budget to plan for repairs and upgrades. Finally, it is recommended that an annual inspection of the building and its systems be conducted by an independent third party professional that is able to provide guidance on prioritizing needed repairs and upgrades and can oversee work completed for quality and compliance. RH

Unless noted, all workshops are held at:

3664 Grand Avenue • Suite B Oakland, CA 94610 TO REGISTER, GO TO EBRHA.COM/EVENTS OR CALL 510-893-9873. REGISTRATION REQUIRED 30 RENTAL HOUSING

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ebrha.com

The information contained in this article is general in nature. Consult the advice of a professional for any specific problem. Susan Spott is the owner of SpottCheck Consulting and Inspection Services and has more than 26 years of experience in the construction field. She can be reached at 510-816-1452 or susan@spottcheck. com.

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RENTAL HOUSING 31

COLUMN

esq. & a

Animal Behavior Pets should not interfere with the comfort and quiet enjoyment of others. BY VARIOUS AUTHORS

send a more formal letter to cease the nuisance conduct, again specifically documenting the disturbances. Should again the tenant ignore the demand to cease said disturbance, at this time, you would be entitled to serve a Notice to Cure or Quit for nuisance.

I strongly recommend that you retain a qualified attorney to draft the notice as it will be the basis of the eviction lawsuit.

If, after proper service of the Notice to Cure or Quit, the tenant continues to ignore his or her obligation to quiet the animal and clean up after it, then you have perfected your right to proceed with an eviction lawsuit (unlawful detainer complaint).

Ultimately, the trier of fact—whether it be the jury or a judge—will have to determine whether or not the misconduct was significantly egregious to result in the forfeiture of the tenancy. Thus, you do need to be very careful as to whether or not the alleged misconduct is significant and continuous, or merely an occasional event. —DANIEL BORNSTEIN

Q

Some of my tenants have been complaining about another tenant in the building and his dog.

He doesn’t clean up after the pet, leaving the mess all over the common areas, and the dog barks and cries when the owner is away. What can I do about this?

A

A tenant who keeps an animal at the rental premises, regardless of whether the animal is deemed a pet or a service animal, must ensure that the animal does not create a nuisance at the property. The description of the disruptive behavior, including not cleaning up after the animal defecates, is sufficient 32 RENTAL HOUSING

| NOVEMBER 2017 |

for a rental property owner to act.

My recommendation is to first write a letter to the offending tenant outlining A tenant in an Oakland rent-conyour concerns. In the correspondence, trolled unit can file a Rent Board let the tenant know that petition claiming a the noise, barking and “In the corresponreduction in housing mess must stop as it is an dence, let the tenservices. When housing unreasonable interference ant know that the services are reduced, with the comfort and noise, barking and then it may be considquiet enjoyment of other mess must stop as it ered an improper rent building occupants and it is an unreasonable increase, and the Rent poses a safety hazard. interference with the Board can award the Should the tenant fail comfort and quiet tenant a reduction in to properly respond to enjoyment of other rent until the housing the letter by reducing the building occupants service is restored. disturbance and eliminatand it poses a safety A factor in determining the mess, I would hazard.” ing whether a housing

ebrha.com

A

PHOTO: FLICKR USER MSLAVICK / CC BY 2.0

Q

For the past few months, I’ve let my tenant park in an empty parking spot free of charge on my property, even though the spot was not assigned to him in his lease. I’ve asked him to stop parking there, but now he is complaining and withholding rent. He is claiming that it is a reduction in services. Can he do that?

What should I do?

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RENTAL HOUSING 33

DONATE TO VICTIMS OF THE NORTH BAY FIRES In light of the devastating fires throughout Northern California, EBRHA is seeking donations of non-perishable food items (no glass containers), pet food/supplies, and new personal hygiene products for people and pets affected by the disaster.

EBRHA members are encouraged to bring donations to our office. EBRHA will then distribute the items to organizations serving the areas hardest hit.

FIND MORE WAYS TO HELP AT

EBRHA.COM/RELIEF 34 RENTAL HOUSING

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service has been reduced is whether that service was provided in connection with the tenancy. Since parking is not permitted in your lease, arguably parking is not a service provided with your tenant’s tenancy, and the tenant is entitled to nothing.

Unfortunately, it is not always this simple. The Rent Board may consider other factors. For instance, when did the tenant begin parking in the space? If the parking began immediately upon move in, then the tenant may argue that it was promised to him when he signed the lease and therefore part of the tenancy, notwithstanding lease language to the contrary.

Another factor is, how much did he pay for parking? Since your tenant paid nothing for it, then arguably the value is zero, and he would not be entitled to any rent reduction. Again, the timing of the service is important. If it was provided when he moved in, then he could argue that the parking rent was included in the total contract rent.

In short, there are a lot of factors to consider. But if it is clear that he was only permitted to park temporarily, began doing so long after his tenancy commenced, and paid nothing for it, then he probably does not have a very strong case for a rent reduction. And, if he refuses to pay the rent, then you may consider serving him with a Three Day Notice to Pay Rent or Quit.

Finally, remember to always serve your tenants with the Notice to Tenants of Residential Rent Adjustment Program (RAP form). This one-page notice can be obtained from the Rent Board and EBRHA’s website, and should be served at the beginning of the tenancy and with every rent increase notice. Doing this may limit your liability to a tenant for wrongful rent increases and reduction in housing services. —STEVE WILLIAMS RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Daniel Bornstein is an attorney with the Bornstein Law and can be reached at 415-409-7611. Steve Williams is an attorney with Fried & Williams LLP and can be reached at (510) 625-0100 or www.friedwilliams. com.

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RENTAL HOUSING 35

community calendar EVENTS & CLASSES

november

december

TUESDAY, NOVEMBER 14 Small Property Owners Roundtable An informal discussion on management issues and solutions Moderated by Wayne Rowland, EBRHA President Free to members only 4:00 p.m. - 5:00 p.m.

WEDNESDAY, NOVEMBER 15 Understanding Oakland Rent & Eviction Controls Presented by Steve Edrington, Edrington & Associates Members: Free; Non-Members: $69 10:00 a.m. - 11:00 a.m.

WEDNESDAY, NOVEMBER 15 Oakland Rent Board Roundtable An informal discussion on rent board hearings Moderated by Steve Edrington, Edrington & Associates Free to members only 11:00 a.m. - 12:00 p.m.

THURSDAY, DECEMBER 7 EBRHA’s 2017 Holiday Party Eve’s Waterfront Restaurant 15 Embarcadero West, Oakland Join your fellow EBRHA members, board and staff at our annual end of year holiday party. Enjoy tasty food and refreshments, revel in the views of the water at Jack London Square, and celebrate Member price: $15 by November 30; $25 starting December 1 5:00 p.m. - 8:00 p.m.

Purchase tickets at www.ebrha.com/holiday FRIDAY, DECEMBER 22 & MONDAY, DECEMBER 25 EBRHA Office Closed — Christmas Holiday FRIDAY, DECEMBER 29 & MONDAY, JANUARY 1 EBRHA Office Closed — New Year Holiday

THURSDAY, NOVEMBER 16 Rental Property Management (RPM) 104 Presented by EBRHA Board & Staff Members: Free; Non-Members: $69 2:00 p.m. - 3:30 p.m.

SATURDAY, NOVEMBER 18 EBRHA Member Meeting • EBRHA Board of Directors Election • Association Update 10:00 a.m. - Noon THURSDAY, NOVEMBER 23 & FRIDAY, NOVEMBER 24 EBRHA Office Closed — Thanksgiving

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.

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Oakland RENT ADJUSTMENT PROGRAM FEE

UPDATE: Annual fees are $68 per unit and are due March 1. Owners are allowed to pass through $34 to tenants.

BUSINESS TAXES & REGISTRATION

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

www.ltss.oaklandnet.com LANDLORD PETITION FOR EXEMPTIONS

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

ANNUAL ALLOWABLE RENT INCREASE

2017-18 (2.3%) A CPI increase of 2.3% becomes effective on July 1, 2017. Tenants may only receive one increase in any 12-month period, and the rent increase cannot take effect earlier than the tenant’s anniversary date.

In addition, California law requires that for tenancies receiving greater than a 10% increase, a 60-day notice is required; if the increase is 10% or less, a 30-day notice is required.

Owners can only impose “banked” rent increases equal to three times the current annual allowable rent increase rate. See schedule at right.

PERI OD

AM O U N T ( % )

JULY 1 ‘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 MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3 Visit www.ebrha.com/members to see previous adjustments.

CAPITAL IMPROVEMENTS INCREASE FORMULA

FOR FURTHER INFORMATION CONTACT:

(70 % of Improvement Costs ÷ Number of Units)

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

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

Berkeley RENT STABILIZATION BOARD FEES

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

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

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

ANNUAL ALLOWABLE RENT INCREASE

2017 (1.8%) PERI OD AM O U N T

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

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

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% 2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3 (1% + $3 IF TENANCY CREATED AFTER JAN. 1999) *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.

BERKELEY RATES

FOR FURTHER INFORMATION CONTACT:

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

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

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vendor directory — CONTACTS, PRODUCTS & SERVICES Law Offices of Elaine Lee Elaine Lee | 510-848-9528 www.elaineleeattorney.com

24 HOUR LIVE ANSWERING SERVICE

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

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

ACCOUNTING & TAX

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

The Lee Accountancy Group, Inc. Jong H. Lee, CPA | 510-836-7400 jhlee@theleeaccountancy.com

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

Martin Friedrich, CPA 510-895-8310 www.besttaxcpa.com

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

APPLIANCE SALES & PARTS

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

ATTORNEYS — LAND USE/CONDO CONVERSION

APPRAISERS

Access Appraisal: Apartment Specialists Joe Spallone, MAI | 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 ASSOCIATIONS

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

Chase Commercial Ted Levenson | 415-945-5430 ted.levenson@chase.com First Foundation Bank Michelle Li | 510-250-8133 www.ff-inc.com Luther Burbank Savings Bryan Harvey | 510-601-2401 bharvey@lbsavings.com Pacific Western Bank Marc Lipsett | 510-332-6964 www.pacificwesternbank.com

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

Bridge Bank Dale Marie Golden | 510-899-7536 dale.golden@bridgebank.com

Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards | 925-231-8104 www.richards-legal.com Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.com ATTORNEYS — REAL ESTATE/CORP.

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

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

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

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

| NOVEMBER 2017 |

BANKING/LENDING

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

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

Burnham Brown Oakland/Berkeley Association of Realtors Charles Alfonzo | 510-835-6825 Davina Lara | 510-836-3000 www.burnhambrown.com oaklandberkeleyaor.com Ericksen Arbuthnot Oakland Chamber of Commerce Jason Mauck | 510-832-7770 Barbara Leslie | 510-874-4808 www.ericksenarbuthnot.com www.oaklandchamber.com Fried & Williams LLP ATTORNEYS — EVICTIONS/PROPERTY Clifford Fried | 510-625-0100 OWNER DEFENSE www.friedwilliams.com Beckman, Feller & Chang P.C. Harding Legal Fred Feller | 510-548-7474 Elva Harding | 415-967-7570 www.bkjf.com www.edhlegal.com Bornstein Law Jack Schwartz, Attorney at Law Daniel Bornstein | 510-836-0110, x1007 Jack Schwartz | 650-863-5823 www.bornsteinandbornstein.com jwsjr1220@comcast.net Burnham Brown Law Offices of Bill Ford Charles Alfonzo | 510-835-6825 Bill Ford | 415-306-7840 www.burnhambrown.com www.billfordlaw.com Ericksen Arbuthnot Law Offices of John Gutierrez Jason Mauck | 510-832-7770 John Gutierrez | 510-647-0600, x2 www.ericksenarbuthnot.com www.jgutierrezlaw.com

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

ebrha.com

BATHROOM/KITCHEN REMODELING & BUILDING SUPPLIES

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

Northern Contours Charlene Hall | 866-344-8132 www.northerncontours.com CLEANING

Lintz Cleaning Joshua Lintz | 415-264-8780 www.lintzcleaningsf.com The Sisters Home Services Cinara Neukirchen | 925-876-4286 www.thesistershomeservices.com CONSTRUCTION

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

vendor directory All Buildings Contracting & Development Thomas Electric Co. (TEC) Rick Quinn | 510-545-9016 Thomas Hurtubise | 510-814-9387 rickquinn55@gmail.com www.tecelectric.net APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com IRC General Contracors Peter Katsafouros | 510-882-4311 www.irc-construction.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Reedco Building Innovations Beth Wilson | 510-283-5257 www.reedcobuilding.com Silicon Valley Builders Group Chris Maune | 408-627-4177 www.svbuildersgroup.com SpottCheck Consulting Susan Spott | 510-816-1452 www.spottcheck.com W. Charles Perry & Associates W. Charles Perry | 650-638-9546 www.wcharlesperry.com West Coast Premier Construction, Inc. Homy Sikaroudi | 510-271-0950 www.wcpc-inc.com Zacan Inc. Hector Ortiz | 510-589-3626 zacaninc@gmail.com CONTRACTORS/RESTORATION

ARC Water Damage Nina Lauffer 510-223-1279 or 877-437-9225 (toll free) www.bayareafloodrepair.com Emergency Services Restoration Maria Perez | 800-577-7537 www.esr24.com HARBRO Emergency Services & Restoration Malcolm Stanley | 650-670-2364 malcolm.stanley@harbro.com P.W. Stephens Environmental Steve MacFarlane | 510-651-9506 www.pwsei.com Servpro of Lafayette/Moraga/Orinda Jenny Villena | 925-299-1323 servpro9542@sbcglobal.net DOORS & GATES

Bay to Bay Garage Doors Robert Bruce | 925-872-5324 www.baytobaygaragedoors.com R & S Overhead Garage Door Sean Boatright | 510-483-9700, x14 www.rsdoors.com ELECTRICIANS

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

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

ELEVATOR REPAIRS

Paramount Elevator Corp.

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

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

FINANCIAL PLANNING

INDOOR AIR QUALITY/MOLD & ODOR REMOVAL

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 Green Home Solutions—East Bay Howard Oliver | 510-666-6711 www.ghsnorcal.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

Detect All Security & Fire Amy Roither | 510-835-4100 www.detectall.com

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

FLOOR COVERINGS

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

INSURANCE

Bulloch Insurance Brokers, Inc. Curt Bulloch | 925-640-0485 www.curtbulloch.com

GOVERNMENT AGENCIES

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

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

HANDYMAN SERVICES

Gordon Insurance Pamela Hutchins | 877-877-7755 www.gordoninsurance.com

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

The Greenspan Co./Adjusters Int’l.

Rich Hallock | 866-331-4790 www.greenspan-ai.com

Christopher Simmons 510-776-2697 c2thejay44@gmail.com

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

Halcyon Properties Roger Shane | 510-847-7075 rbshane@aol.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey | 510-727-9128 cpmbailey@sbcglobal.net

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 INTERCOMS & ACCESS CONTROLS

HAULING SERVICES

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

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

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

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

LAUNDRY EQUIPMENT

CSC ServiceWorks Stacy Weaver | 800-954-9000 x54313 www.cscsw.com

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

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

HOUSING SERVICES

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

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

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

POWER WASHING

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

PRIVATE INVESTIGATIONS

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

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

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

LOCKSMITH EVICTION SERVICES

PROPERTY LEAK DETECTION

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

AquaTrip brought to you by GSFM Jeff Maloney | 916-933-9554 www.buyaquatrip.com

PAINT

PROPERTY MAINTENANCE

BEHR Paint Nick Mounts | 415-416-0994 www.behr.com The Sherwin-Williams Co. Sean Callahan | 925-932-3363 x134 www.sherwin-williams.com PAINTERS

Alameda Co. Vector Control Services Daniel Wilson | 510-567-6826 daniel.wilson@acgov.org Burge Pest Control Rich Crawford | 888-292-7378 www.burgepest.com California American Exterminator Tami Stuparich | 831-338-4800 www.calamericanext.com Terminix Robert Sater | 510-489-8689 www.terminix.com Western Exterminator Company Steve McHenry | 510-606-0602 www.westernexterminator.com PLUMBING/WATER HEATERS

Lapham Company Jon M. Shahoian | 510-594-7600 www.laphamcompany.com Marquardt Property Management Karen or Judi Marquardt | 510-530-2050 www.mpmoakland.com Mynd Stacy Winship | 510-455-2667 www.mynd.co OMM Inc./Mason Management Janice Mason | 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin | 510-594-0794 www.premiumpd.com

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

Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com

PROPERTY MAINTENANCE SOFTWARE

PEST & VECTOR CONTROL

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

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

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

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

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

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

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

Advent Properties, Inc. Benjamin Scott | 510-289-1184 www.adventpropertiesinc.com Bay Property Group Daniel Bornstein | 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner | 510-428-1864 www.beaconprop.com

Shaw Properties Judy Shaw | 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree | 510-798-9299 www.sphinxpm.com Vision Property Management Michael Margado | 510-926-4104 www.vpmpropertymanagement.com Wellington Property Company Jillian Loh | 510-338-0588 www.wellingtonpropertyco.com Woodminster Property Management Nicholas Drobocky | 510-336-0202 www.woodminstermanagement.com PROPERTY MANAGEMENT SOFTWARE

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

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

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

Advent Properties, Inc. Benjamin Scott | 510-289-1184 www.adventpropertiesinc.com

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

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

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

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

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

Better Homes and Gardens Real Estate Serenity Thompson | 415-846-6957 serenity.thompson@bhghome.com

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

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

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

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

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

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

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

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

Coldwell Banker — Apartment Specialist John Caronna | 925-253-4648 www.eastbayIREA.com

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

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

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

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

Rent Board Matters Liz Hart | 510-813-5440 liz.hart1801@gmail.com

Lapham Company Tsegab Assefa | 510-594-0643 www.laphamcompany.com Litton/Fuller Group Luke Blacklidge | 510-548-4801, x130 www.littonfullergroup.com Marcus & Millichap Eli Davidson | 510-379-1280 eli.davidson@marcusmillichap.com

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

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

Sharon Medairy, Realtor® Real Estate Source, Inc. | 510-517-9969 www.medairy.net Six Degrees Realty Stephanie Christmas | 510-461-4663 www.stephaniechristmas.com Woodminster Real Estate Co Inc. Nicholas Drobocky | 510-336-0202 www.woodminsterrealty.com RECYCLING/REUSE

Urban Ore Marylou Van | 510-841-7283 www.urbanore.com RENT & MARKET RESEARCH

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

SOLAR ENERGY

Sunvalley Solar Keith Loebbecke | 510-294-0308 www.sunvalleysolarinc.com SUSTAINABLE ENERGY

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

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

ROOFERS

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

Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com

Alameda County Tobacco Control Coalition Tamiko Johnson | 510-208-5916 tamiko.johnson@acgov.org

Caldecott Properties Julie Keys | 510-225-9244 www.caldecott.com

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

Red Oak Realty Vanessa Bergmark | 510-292-2000 vanessa@redoakrealty.com

SMOKE-FREE HOUSING

Hamilton Properties Bay Area Delesha Hamilton | 404-606-2141 www.hamiltonpropertiesbayarea.com

Marcus & Millichap David Wolfe | 510-379-1200 www.marcusmillichap.com

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

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

RENTAL SERVICES

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

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

SIGNAGE

TOWING SERVICE

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

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

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

VETERANS SERVICE ORGANIZATION

Swords to Plowshares Norman Thomas | 510-844-7500 www.swords-to-plowshares.org

SECURITY/SURVEILLANCE

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

WASTE & COMPOST COLLECTION

Junk King Contra Costa Krishna Vepa | 925-954-5420 krishna.vepa@junk-king.com

Detect All Security & Fire Amy Roither | 510-835-4100 www.detectall.com

Waste Management Company Karen Stern | 510-430-8509 www.wastemanagement.com

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

WASTE & RECYCLING MAINTENANCE

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

SEISMIC CONSTRUCTION

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

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

Bay Area Waste Services Peter Gella | 510-788-0462 www.bawaste.com Trashlogic, LLC Lainika Johnson | 888-384-3131 www.trashlogic.com WINDOWS

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

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

WINDOWS & SIDING

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

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

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ad index

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EAST BAY RENTAL HOUSING ASSOCIATION (EBRHA) is a nonprofit trade organization representing owners and managers of apartments, condominiums, duplexes, single-family homes and other types of rental housing. EBRHA members range in size from small investors with just one property to large property management companies that own or manage hundreds of units.

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Our membership consists of more than 1,400 rental housing owners, property managers, attorneys and other service contractors. Altogether, EBRHA represents over 20,000 rental units, and serves over 25 cities throughout Alameda and Contra Costa counties.

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JOIN TODAY! CALL 510-893-9873 OR GO TO WWW.EBRHA.COM/JOIN 42 RENTAL HOUSING

| NOVEMBER 2017 |

ebrha.com

Applied Waterproofing Systems . . . . . . . . 35 Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered.

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EBRHA’S HOLIDAY CELEBRATION! THURSDAY, DECEMBER 7 5:00 P.M. - 8:00 P.M. $15 PER TICKET BY NOVEMBER 30 $25 STARTING DECEMBER 1

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Join your fellow EBRHA members, board and staff at our annual end of year holiday party at Eve’s Waterfront, a stunning location with full ocean views. We hope you’ll join us as we thank all of our members for their active participation and hard work throughout the year. Enjoy tasty food and refreshments, revel in the views of the water at Jack London Square, and celebrate the Association’s many accomplishments of 2017. We look forward to seeing you there!

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