Rental Housing - November 2015

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | NOVEMBER 2015

NEW LAWS FOR 2016 Rental property owner’s guide to new and proposed legislation

PLUS: ELIMINATING THE YUCK FACTOR IN COMPOSTING 9TH ANNUAL TRADE EXPO RECAP AND PHOTOS

Contents

NOVEMBER 2015

East Bay Rental Housing Association Volume XII, Number 11 November 2015 EBRHA OFFICE

Special Expo Issue

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

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

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

Esteban Cortez | ecortez@ebrha.com ACCOUNTING MANAGER

Cathy Hayden | chayden@ebrha.com MEMBERSHIP ASSISTANT

Monica Wong | mwong@ebrha.com EBRHA OFFICERS

8

10

9th Annual Trade Expo Recap

Eliminating the Yuck Factor in Composting

BY KAREN STERN

BY TINA BOCHEFF

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

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

East Bay Rental Housing Association

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PUBLISHER

Wayne C. Rowland MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff

New Laws for 2016

ART DIRECTOR & COPY EDITOR Esteban Cortez

BY RON KINGSTON

ADVERTISING

Tina Bocheff | 510.318.8303

Features & Columns 30

NEWS

Controversial San Francisco Eviction Law Struck Down GOVERNMENT AFFAIRS

War for the Soul of the Republican Party

BY GREG BROWN 32

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.

Events & Directory

ESQ&A

Unacceptable Animal Behavior

BY VARIOUS AUTHORS

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

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

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

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

COVER PHOTO: EMILY MAY

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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.

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

BRYON MALIK Photographer Bryon Malik was born and raised in Oakland, California. Growing up in an environment full of everyday struggles allowed Malik to develop a dynamic perspective on how to see the beauty of life. As a free spirit attracted to life’s beauty, Malik was intrigued in a variety of arts and dabbled in music and dance. But he fell in love with photography because of its ability to capture a moment, tell a story and provoke thought through imagery.

KAREN STERN Karen Stern is excited to be a part of the Oakland Recycles team. She has been helping businesses, residents and community groups recycle since the California “Bottle Bill” passed in 1986. With the advent of food scraps collection, a kitchen pail displaced her disposal and WM EarthCare compost became a staple of her garden—it’s never looked better!

ONLINE TENANT SCREENING

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

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

MEMBER PRICING Basic Report* . . . . . . . . . . . $15 Bad Check Search. . . . . . . . $10 Social Security Search. . . . . $7 Criminal . . . . . . . . . . . . . . . . $10 Criminal (County) . . . . . . . . $10

STEVE WILLIAMS Steve Williams of Fried & Williams LLP received his bachelor’s degree in Law and Society from the University of California, Santa Barbara.

He received his law degree from Golden Gate University. He has been representing property owners in the Bay Area since passing the California bar exam in 1999. Steve’s experience includes counseling property owners in many areas of the law, including landlord/tenant, co-ownership and neighbor disputes, and purchase/sales transactions. He has represented clients in court, at arbitration, at mediation, and at government agency hearings, including Rent Board hearings.

Verbal and Fax Reports . . . . . . . Add $20

*Includes TransUnion credit report, FICO score and eviction history

East Bay Rental Housing Association TEL

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510.893.9873 | FAX 510.893.2906 www.ebrha.com

Food Scraps Collection Made Easier!

Follow these helpful hints to reduce mess and odor and increase participation.

Place cardboard or newspaper at the bottom of the compost cart or line it with a compostable bag.*

Compostable Plastic Bags* Are Now Accepted!

Wrap food scraps in newspaper.

Collect food in a reusable container.

Store in freezer to eliminate odor.

Use paper bags to transport food scraps and place directly into cart or bin.

Line Kitchen Pail with newspaper or compostable bag*.

For more information read this month’s article on food scrap recycling, page 8 * BPI certified compostable bags only. Look for this logo:

COLUMN

news Updated Rent Adjustment Program (RAP) Form Available Online An updated Oakland Notice to Tenants of residential rent Adjustment Program (RAP) form is available

Controversial San Francisco Eviction Law Struck Down that would have required rental property owners to pay displaced tenants up to a maximum of $50,000 has been struck down. Under the ordinance, tenants could only use the funds for relocation costs, and property owners who were facing hardships could attempt to reduce payments by appealing to the San Francisco Rent Board. According to SFGate, Superior Court Judge Ronald Quidachay said “the required payments exceed the “reasonable” relocation assistance authorized by the Ellis Act, the state law that allows rental property owners to evict all their tenants when they leave the rental business without having to show any other grounds for an eviction.” Quidachay added that a more reasonable payment would be those that cover immediate costs of eviction, such first and last months’ rent, security deposit and moving expenses. He said additional charges to “subsidize the payment of rent that a displaced tenant will face on the open market, regardless of income ... have no relationship to the adverse impact caused by the landlord’s decision to exit the rental market.” “Market forces are often ignored, and in today’s environment, local governments cannot legislate their way out of this,” EBRHA Executive Director Jill Broadhurst said. “A solution in which governments support growth and balance, while tackling what is not working through the expertise of those in the business, will help avoid unintended consequences.”

THE SAN FRANCISCO ORDINANCE

Source: Bob Egelko, SFGate, 10/7/2015, http://www.sfgate.com/bayarea/ article/Judge-strikes-down-San-Francisco-eviction-law-6554447.php

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for download on EBRHA’s forms page.

Members should replace old versions of the RAP form with the new version (which has a date of 11/18/14) to avoid potential disputes from tenants or the Oakland RAP. The form is also available for download at the RAP’s website. To access the form on EBRHA’s website, login to your EBRHA.com membership account and click on “Forms.”

New Rent Increase Procedures in Alameda The City of Alameda passed a new rent ordinance, effective October 1, requiring property owners to include a form of “Notice” with all rent increases. The form advises tenants about the city’s new Rent Review Advisory Committee (RRAC) and its procedures. According to the City of Alameda, the purpose of the RRAC is to “review complaints of significant rental increases, providing a neutral forum for renters and residential property owners to present their views. It evaluates increases, determines whether they are equitable, and, if not, attempts to mediate a resolution acceptable to all parties.”

The new forms are available on EBRHA’s forms page, as well as on the Housing Authority of the City of Alameda’s website at www.alamedahsg.org.

Updates to Oakland Waste Management Contract On Oct. 6, the City approved an agree-

ment with Waste Management of Alameda County, Inc. (WMAC) to reduce compost rates for businesses and restore a discount program for low-income seniors. This agreement also provides assistance and rate relief for multifamily property managers.* Technical assistance to reduce push charges: If you already subscribe to on-premises services, or would like to start, the City of Oakland

and Waste Management have arranged to provide free on-site technical assistance to help you minimize push charges. If you want to avoid push charges altogether, please place your bins in a location where the truck can access without the driver getting out of the cab, by 6 a.m. on each collection day. Call WMAC at 510613-8710 to schedule an on-site visit to review your bin storage location(s), number of bins, and push charges. Owneroccupied 2nd unit exemption: In most cases residential properties are required to subscribe to a minimum of 20 gallons of trash service per week per unit. Before July 1, 2015 property owners that had second units on their property that they occupied (such as in-law units, studio apartments) could apply for an exemption from required trash service for that second unit. Under the new agreement WMAC will restore this exemption from service for owner-occupied second units.

The City will develop an application process and grant the exemptions, with details to be worked out in the coming weeks. Vacancy stops, 2-4 units: Prior to July 1, 2015, WMAC allowed “vacancy stops” at 2-4 unit buildings for unrented units that were temporarily vacant.

Beginning July 1, 2015, WMAC ended this practice. Under the new agreement WMAC will allow “vacancy stops” at 2-4 unit buildings for unrented units when a unit is temporarily unrented for up to sixty (60) days of credit per unit, per year.

The owner would report these vacancies directly to WMAC. Details will be worked out in the coming weeks. *EBRHA note: Effective October 1, WMAC instituted new push/pull charges.

Letters were dated 10/07 and received mid-month, effective 10/1. Fees were 500800% higher than the previous month’s bill. A council vote was taken late September approving these new push/pull charges for multifamily, along with a 30% rate reduction for restaurants. WMAC and City of Oakland were unwilling to look at any rate reductions for multifamily owners. They are also incapable of understanding what owners are now tasked with managing, given no prior notice. This is a bad business practice and something that would not be tolerated by these same councilmembers if tenants were immediately affected. RH

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FEATURE COLUMN

composting tips

product containers made from paper. The half-gallon ice cream or used take-out food carton is a great way to collect food scraps. Some people even use an empty cereal box. Tossing rather than emptying these containers into the compost cart help to reduce odor and contain the food to eliminate the mess.

Cardboard—A simple way to help keep the compost cart clean is to line it each week with a piece of cardboard at the bottom. Instead of recycling all the cardboard boxes from your next movein, set some aside for lining the compost Solutions to help tenants transport food scraps and cart. The cardboard keeps food from caking on the bottom of the cart, minimizing reduce unwanted odors. BY KAREN STERN odors and flies.

Shredded Paper—Place shredded paper along with food scraps in the collection cart. The paper soaks up extra liquid and easily covers exposed material. If an on-site management office is a source of shredded paper, put a bag of shredded paper next to the collection cart for residents to use to cover their material throughout the week.

Paper Towels and Napkins—Paper towels and napkins absorb moisture and reduce any food smells. Once used in the kitchen, line the bottom of the food scraps pail and continue to add used paper towels and napkins along with other food scraps. o your residents complain that Compostable Plastic (www.ebrha.com/zerowaste) shows how food scraps recycling is messy Bags—If you or your residents in a few simple folds, the newspaper or stinky? It doesn’t have to want to contain food scraps becomes a bag to line the kitchen pail. be. Oakland residents have been setting in compostable plastic bags, Using newspaper as a liner reduces the aside food scraps for weekly composting need to wash out the kitchen pail each please be sure to use products collection since 2005. Here are a few with the Biodegradable Prodtime it is emptied. tips from the field to help you and your ucts Institute (BPI) seal; this Paper Bags—To transport food residents create a successful compost non-profit organization tests products to scraps to the compost cart, simply tip collection program at your building. determine if they truly are compostable. the kitchen pail over an open groPaper is the first line of defense Compostable plastic bags are made of cery store-style paper bag to dump its against odors. It is a compostable and a special material that is designed to contents. The paper bag is a convenient absorbent material that can help to hold food scraps and other compostable solution for bringing food scraps from reduce odor in the kitchen pail or green material securely during collection, then an apartment or condo to the compost cart. Many paper products are readily compost completely once the bag is procart. Paper bags in the compost cart also available in the home for reuse in the cessed in a commercial help to reduce mess and kitchen pail. Consider the list of com“Food scraps composting facility. odor by containing the mon products below, which you and recycling doesn’t BPI defines comfood scraps and absorbyour residents may use to overcome the have to be ‘yucky.’ postable products as ing moisture and smells. “yuck factor.“ Food has always those that “can be Paper Food ContainNewspaper—Two sheets from a been part of what broken down by microers—In place of the free newspaper can create a completely residents throw organisms during the kitchen pail available organic compostable liner for residents’ away; now it just has composting process… from Waste Management kitchen pails. A short video on the East its own collection and leave no visible, (see sidebar), residents Bay Rental Housing Association website may use a variety of food cart.” distinguishable, or toxic

Eliminating the “Yuck Factor” in Composting

D

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residue.” Some bags may claim to be “biodegradable, bio-based, degradable, environmentally friendly, etc.,” but only “compostable” bags will actually break down as required.

There are a variety of compostable bags, some small enough to line residents’ kitchen pails and others large enough to line your building’s 32 or 64-gallon compost cart. For a complete list of BPI-certified products visit their website, bpiworld.org (http://products.bpiworld. org/companies/category/bags) or visit OaklandRecycles.com for a link to their product catalog.

Other Tools—To help you and your tenants discover how easy food scraps recycling can be, a short video produced

by Waste Management will soon be available for viewing in English, Spanish, Cantonese and Vietnamese on EBRHA. com/zerowaste. A multi-lingual how-to guide in the free kitchen pail is also available from Waste Management along with posters of what goes where, to install in common rooms and above carts and bins.

You may request them online at EBRHA. com/zerowaste.

Food scraps recycling doesn’t have to be “yucky.” Food has always been part of what residents throw away; now it just has its own collection cart. Engaging with your tenants to determine what works best for your property – a compostable bag-lined compost cart, paper-lined kitchen pails or some combination of the tips above – will lead to greater participation. Increased participation could also result in less trash so that you may be able to reduce your trash service to save on your bills. The environmental benefits that come from creating soil-nourishing compost and eliminating greenhouse gas-producing food from our landfills are also important to our community. Diverting organic and recyclable material away from landfills is the goal of our Oakland Recycles services and the City’s zero waste program. Together, we will create a greener, cleaner environment without the “yuck factor.” RH

Karen Stern is the Waste Management of Alameda County Communications Manager and is a members of the Oakland Recycles team, responsible for the launch of the new Zero Waste collection services that went into effect July 1, 2015. She can be reached at kstern2@wm.com.

Recycling Right

Free Supplies and Tools for Property Owners The free food scraps kitchen pail from Waste Management is designed with a secure lid and vents to prevent odor and pests. To order pails for your tenants, visit EBRHA.com/zerowaste or call 510-613-8710.

PHOTO: KELLY D. CARLISLE

WM Earthcare Homegrown Compost The east Oakland community garden organization Acta Non Verba uses WM EarthCare Homegrown Compost donated by Waste Management to nourish its vegetables—and by extension its community.

For more information or to order supplies and tools, go to ebrha.com/zerowaste or the OaklandRecycles.com website.

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EXPO RECAP PHOTOS: BRYON MALIK

9TH ANNUAL EXPO EBRHA members, vendors, speakers and volunteers came together to make our 9th Annual Trade Expo a big success. BY TINA BOCHEFF

E

BRHA’s 9th Annual Trade Expo on October 1 was a great success, drawing over 300 attendees to the vendor fair and educational workshops. Back by popular demand was Ron Kingston’s“New Rental Laws for 2016” workshop. In addition, James Kilpatrick of NAI Northern California, led a lively panel discussion on how to improve your real estate portfolio. Special thanks to Board President Wayne Rowland, who moderated the workshops.

“This was the first Expo I attended and it was an informative event,” said Monica Wong, EBRHA’s Membership Assistant. “I’m looking forward to seeing what’s in store for next year.”

Special acknowledgement to event sponsors Advent Proper10 RENTAL HOUSING

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ties, Avitus Group, Bay Area Contract Carpets, Bay Property Group, Bornstein & Bornstein, Chase, Coinmach, Contemporary Information Corp., Credit Bureau Associates, General Roofing, Intervest, Oakland Recycles and Ruth Stroup Insurance.

Additional thanks to volunteer Board members who helped staff the event: Luke Blacklidge, Symon Chang, Reggie Hairston, Carmen Madden, Fred Morse, Rick Philips, Sarah Picker, Abbe Sultan and Carlon Tanner. This event would not have been nearly as successful without their support.

Finally, thanks to all EBRHA members and guests who attended the event. Stay tuned for information on the 2016 Expo date. RH

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On This Page

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Zachary Clemons and Blake Fleck with Commercial Coverage Insurance

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Kelly Parsons O’Brien and Jaclyn Moraida of Credit Bureau Associates

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Event guests in the Expo hall

4. Jill Broadhurst, EBRHA Executive Director, and Attorney Steve Williams during Q&A

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EBRHA members attend the New Laws for 2016 workshop

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Ted Levenson and Lionel Tiglao (both on right) pose for a photo with EBRHA members

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On These Pages 1.

EBRHA President Wayne Rowland and Lobbyist Ron Kingston during an educational workshop

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Leah Ingram of Detect All Fire & Security poses for a photo at her booth

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Expo guests consult with the Oakland Recycles team

4. Don Vitalis of Bay Property Group 5.

President of NAI Northern California James Kilpatrick presents an educational workshop

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EBRHA members in the Expo hall

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Expo guests listening to a Legal Q&A session

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EBRHA staff at the end of the event

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Workshop panelist Jaevon Marshall (left) and an Expo guest

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10. Panelists participate in the “How to Improve Your Real Estate Portfolio” workshop

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FEATURE

EBRHA President Wayne Rowland and Lobbyist Ron Kingston discuss new laws for 2016 and other issues at EBRHA’s 9th Annual Trade Expo 14 RENTAL HOUSING

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New Laws for 2016

BY RON KINGSTON

2015 marked another successful legislative year for the Association.

Our lobbying team, California Political Consulting Group (CalPCG), identified and tracked over 148 rental property-related legislative bills out of 2772 total bills that were introduced in the California Legislature.

Among the bills we tracked, only about a third were considered “top priority” bills. Top priority bills are those that have the potential to immediately impact property owners or the residential rental property industry in some significant way.

Of the 2015 bills that could have had a profoundly negative impact on property owners, none were signed into law. Among the worst bills to be defeated was Assembly Member Jones-Sawyer’s AB 396, a bill that would have made those with a criminal history a protected class.

Another defeated bill was Senator Leno’s SB 364, which sought, once again, to prevent owners from lawfully going out of the residential rental property business under the Ellis Act. While all of the harshest bills were defeated, some bills regulating the apartment industry did pass. Those bills include SB 655, which makes the presence of mold in a dwelling a substandard housing condition, and SB 328, which requires more notice to be given to tenants when property owners use pesticides.

Overall, despite another year of legislative attacks on the rights of rental property owners, our lobbying team successfully defeated the worst bills, while getting significant amendments on all other bills of importance.

The following are the relevant 2015 legislative bills that were signed into law.

AB 1 (Brown): Brown Lawns

PHOTO: BRYON MALIK

Chapter 62, Statutes of 2015. Prohibits local governments from imposing fines on property owners for not watering their lawns or for having a brown lawn during any period in which the Governor has issued a proclamation of a state of emergency based on drought conditions.

Effective Date: January 1, 2016.

What to Know: It is okay to brown your lawn. Local governments can no longer penalize you for not watering your lawn. This common ebrha.com

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“Overall, despite another year of legislative attacks on the rights of rental property owners, our lobbying team successfully defeated the worst bills, while getting significant amendments on all other bills of importance.” sense law allows property owners to continue doing their part to conserve water during this time of extreme drought without fear of consequence.

AB 1164 (Gatto): Artificial Grass

Chapter 671, Statutes of 2015. This bill prohibits a local government from enacting or enforcing any ordinance or regulation that prohibits the installation of synthetic grass or artificial turf on residential property. Reasonable restrictions on the type of synthetic grass or artificial turf that may be installed on residential property are allowed provided that those restrictions do not do either of the following: (1) substantially increase the cost of installing synthetic grass or artificial turf, or (2) effectively prohibit the installation of synthetic grass or artificial turf.

Effective Date: Immediately, October 9, 2015 What to Know: During this time of drought, many property owners are choosing to replace their lawns with artificial turf or grass to conserve water. Some cities, however, have ordinances restricting the use of artificial grass. This bill eliminates those restrictions in order to help property owners save water.

SB 188 (Hancock): Delinquent Utility Bills

Chapter 270, Statutes of 2015. The bill makes permanent a law that allows a municipal utility district (MUD) to put a lien on the property of a tenant or lessee who becomes delinquent in paying his or her water bill when the bill is in the tenant’s name.

Property owners are still protected under the California Public Utilities Code Section 12822.6, which bars utility districts from collecting a tenant’s bill from a property owner when an account is established under the tenant’s name.

Effective Date: January 1, 2016 Impact of Lobbying Effort: Originally, the bill had the potential of making property owners liable for a tenant’s delinquent water bill when the account was in the tenant’s name. CalPCG lobbyists worked with the author to ensure reasonable protections for property owners would be maintained. The author agreed and amended her bill accordingly.

SB 555 (Wolk): Water Loss-Urban Water Suppliers

Chapter 679, Statutes of 2015. Each retail water supplier will be required, on or before October 1, 2017, and on or before 16 RENTAL HOUSING

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October 1 of each year thereafter, to submit a completed water loss audit report for the previous calendar year or fiscal year to the state Department of Water Resources.

Effective Date: January 1, 2016 What to Know: It is argued that water lines owned by urban water suppliers lose approximately 10-15% of water due to leaks in their system. The bill urges those suppliers to identify the leaks and perhaps fix them, thus saving millions of gallons of water.

AB 2 (Alejo): The New Redevelopment

Chapter 319, Statutes of 2015. The Redevelopment Agency was extinguished back in 2012; along with it went billions of dollars for low-income housing construction and rehabilitation.

AB 2 brings Redevelopment back at a smaller scale under the Community Revitalization and Investment Authority.

Effective Date: January 1, 2016 What to know: The dissolution of the Redevelopment Agency has affected housing in both the public and private spheres. Without funding to build low-income housing, pressure has been building to regulate private rental housing to ensure affordability for low-income tenants. This bill relieves some of the pressure on private housing by creating a new funding stream to address infrastructure, affordable housing, and economic revitalization.

AB 243 (Wood), AB 266 (Bonta), and SB 643 (McGuire): Medical Marijuana Regulation

Chapters 688, 689, & 719 respectively, Statutes of 2015. These three bills make up California’s new medical marijuana regulatory scheme. The bills establish a comprehensive licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution and sale of medical cannabis.

AB 243 establishes the Medical Marijuana Safety Act. It requires the Department of Food and Agriculture, the Department of Pesticide Regulation, the State Department of Public Health, the Department of Fish and Wildlife, and the State Water Resources Control Board to promulgate regulations or standards relating to medical marijuana and its cultivation. It also requires various state agencies to take specified actions to mitigate the impact that marijuana cultivation has on the environment.

AB 266 enacts the Medical Marijuana Public Safety and Environmental Protection Act (MMSRA), which establish the Bureau of Medical Marijuana Regulation under the Department of Consumer affairs. The bill addresses licensing, enforcement, and regulation of medical marijuana.

SB 643 among other things sets forth standards for punishing physicians who over prescribe medical marijuana.

Effective Date: January 1, 2016 What to Know: If a property owner permits cultivation, manufacture, transportation, storage, distribution or sale of medical cannabis, the property owner may insist on requiring

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evidence of state and local government licensure as part of the lease agreement. Revocation or suspension of a local or state license terminates the ability of a licensee from operating. Marijuana is still considered a controlled substance.

AB 418 (Chiu): Abuse Victim’s Lease Termination Rights

Chapter 70, Statutes of 2015. Under current law, a tenant who is a victim of domestic violence may abruptly terminate his or her tenancy so long as proper documentation is provided to the property owner showing the tenant’s status, and 30 days notice is given. This bill makes the right of abuse victims to terminate their lease permanent, and allows victims to provide only 14 days notice to terminate. Where multiple tenants rent a unit, and one tenant wishes to terminate his or her lease based on this law, property owners are not responsible for reimbursing the security deposit or the rent that has already been paid. Instead, joint and several liability principles apply requiring tenants to work out reimbursement amongst themselves.

Effective Date: January 1, 2016 Impact of Lobbying Efforts: The bill originally required property owners to reimburse security deposits and rent to the terminating tenant even when other tenants continued to rent the unit. CalPCG lobbying efforts ensured that joint and several liability laws stayed intact.

What to Know: Victims of domestic violence are already

protected under current law, and may terminate their leases if necessary if 30 days notice and proper documentation is provided. This law merely speeds up that process, allowing tenants to terminate with only two weeks notice. In such a case, their safety is important, and property owners are to follow the new law, which allows a victim who makes the request and accompanies that request with a qualified police report or court order to terminate his or her lease in 14 days. Subject to local government just cause for eviction laws, property owners may consider evicting the perpetrator if that perpetrator resides on the property.

AB 964 (Chau) & SB 570 (Jackson): Data Security Breach Notification Chapter 522 & 543 respectively, Statutes of 2015. Current law requires a person or business conducting business in California, that owns or licenses computerized data that includes personal information, to disclose a breach of the security system or data following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Encrypted data that has been acquired by an unauthorized user does not trigger a requirement to notify affected Californians. AB 964 defines “encrypted” to mean “rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology

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generally accepted in the field of information technology.” SB 570 outlines more precisely how notification must be given to affected persons.

Effective Date: January 1, 2016 What to know: The requirement to notify affected persons about data breaches allows people to begin taking steps to stop or limit the repercussions of being a victim of identity theft. Of course notifying potentially thousands of previous customers about a data breach can be costly. The law, therefore, creates an exception to the notification rule for encrypted data, to encourage businesses to set up a system to encrypt the data the business stores. The term encryption was not previously defined. AB 964 establishes a working definition. SB 570 ensures that the notification is clear and understandable.

AB 1056 (Atkins): Ex-Offender Program Funding Chapter 438, Statutes of 2015. Establishes the Second Chance Program to invest in community-based programs, services, and initiatives for formerly incarcerated individuals in need of mental health and substance abuse treatment services.

Effective Date: January 1, 2016 What to Know: Property owners are always concerned about the safety of their tenants, their property, and their neighborhood. As California criminal justice laws become more lenient, and more and more prisoners are released early to address California’s prison overcrowding problems, there is a growing concern that crime will rise, especially crimes affecting safety and property. This bill is a possible good step in the right direction as its purpose is to ensure adequate funding for programs that help ex-offenders keep from reoffending.

SB 328 (Hueso): Pest Control Notice Requirements

Chapter 278, Statutes of 2015. Under the new law, a property owner must notify a tenant 24 hours prior to applying any 20 RENTAL HOUSING

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pesticide inside of a tenant’s dwelling, including over-the-counter pesticides that are generally available at Home Depot, Lowes, and other hardware stores. The written notice must include the pests to be controlled, the brand and product, the date, time, and frequency of application, the phone numbers for the state poison control agency, the local county health department, and the state pesticide agency. If a tenant requests immediate application of pesticides to address a pest problem, the tenant may agree to have the notice given immediately before applying the pesticide.

Neighboring tenants who may reasonably be affected by the use of foggers, aerosols, or when making broadcast applications, must also be given notice. When applying a pesticide to a common area, all tenants must be notified prior to application by posting a notice in a conspicuous area where the pesticide will be applied.

Effective Date: January 1, 2016 Impact of Lobbying Efforts: The bill originally required property owners to provide notice to all tenants 48 hours prior to any application of a pesticide inside or outside any dwelling. CalPCG worked with the author to limit the notice requirements, and allow the tenant to waive the notice period when the tenant requires immediate application.

What To Know: CalPCG has provided the Association a more detailed description of the bill and its new requirements.

The most important thing to remember about the new bill is that property owners are now under a duty to notify tenants prior to applying any pesticides including those that kill unwanted vermin, and those used to kill weeds.

SB 655 (Mitchell): Mold is Now a Substandard Housing Condition

Chapter 720, Statutes of 2015. Under the new law, the presence of visible mold in a dwelling may be considered a substandard housing condition. City and county building inspectors may issue a citation against a property owner for not addressing a mold problem under the circumstances specified in the new law.

These circumstances are extremely important to be aware of and follow.

Effective Date: January 1, 2016 Impact of Lobbying Efforts: CalPCG’s apartment association clients along with other regional apartment associations opposed the bill because no scientific-based studies exist defining what levels of mold are unhealthy, or which molds among the 300,000 types that exist are harmful. That means there are no real standards to determine what molds and at what levels can be hazardous. The standard adopted by the bill is simply that if the mold is visible, and exists “to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants, “then it may qualify as a substandard housing condition, given certain circumstances. Without scientific-based standards, it will be difficult, if not impossible, for property owners to know when mold “endangers the life”

of a tenant. One of the critical amendments made to the bill absolves the property owner from his or her obligation to repair a dilapidation (mold), if a tenant fails to keep his or her rental unit “clean and sanitary as the condition of the premises permits.”

How to Comply: If visible mold exists in a dwelling and the tenant submits a written notice alleging the existence of mold in the dwelling, property owners should investigate. The next step is to determine if the tenant failed to keep his or her rental unit “clean and sanitary as the condition of the premises permits (See Civil Code Section 1941.2). A property owner is not in violation of the substandard housing law if a tenant failed to give written notice or maintain the property in accordance with Civil Code Section 1941.2.

AB 987 (Levine): Religious or Disability Discrimination

AB 447 (Maienschein) Property Insurance Discrimination

Chapter 282, Statutes of 2015. The Unruh Civil Rights Act protects certain classes of people from discrimination. This bill adds citizenship, primary language, and immigration status to the list of those who are protected. The bill however does not require the provision of services or documents to be in languages other than English. Moreover, asking a person to verify their immigration status and discrimination based upon that verified status where required by federal law, is allowed.

Effective Date: January 1, 2016 What to know: Businesses must always be aware of California’s ever-changing discrimination laws. New classes are added regularly, and lawsuits can be lodged if an owner unknowingly discriminates against someone in a protected class. Statutorily identified classes under the Unruh Civil Rights law are not necessarily the same as those classes protected under the Fair Employment and Housing Act (FEHA). Under this bill, the new protected classes are not protected under FEHA. The trend, however, is that once a class becomes protected under Unruh, sooner or later, the class will be protected under FEHA.

Chapter 432, Statutes of 2015. Under current law, property insurance providers may not discriminate by charging a higher premium or insurance rate based on a person’s class or characteristic. Protected classes and characteristics include sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation. This bill adds level or source of income, and receipt of government or public assistance to the categories that may not be discriminated against. These characteristics may not be used by an insurer for the purposes of creating a risk category, or charging a higher premium.

Effective Date: January 1, 2016 What to know: Tenants aren’t the only ones who can be discriminated against. Property owners have been charged higher premiums for property insurance based on the characteristics of their tenants. This bill protects property owners from discrimination by insurers based on their tenant’s income, and whether the property owners accepts public assistance, such as Section 8 housing funds.

AB 622 (Hernandez, R.): E-Verify System Restrictions

Chapter 696, Statutes of 2015. The federal E-Verify system, administered by the United States Citizenship and Immigration Services, the United States Department of Homeland Security, and the United States Social Security Administration, enables participating employers to use the system, on a voluntary basis, to verify that the employees they hire are authorized to work in the United States. This bill prohibits employers from using E-verify unless specifically required to do so under federal law or authorized by a federal agency memorandum of understanding. The prohibition applies to checking on current employees, and employment applicants who have not received an offer of employment. The bill also requires employers to provide any affected employee any notification by the E-verify system issued by the Social Security Administration and the Department Homeland Security.

Effective date: January 1, 2016 What to know: The bill protects against unfair immigration practices and discrimination.

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Chapter 122, Statutes of 2015. Prohibits an employer from retaliating or otherwise discriminating against a person for requesting a reasonable accommodation for a disability or religious belief, regardless of whether the accommodation request was granted.

Effective Date: January 1, 2016 What to Know: There are legitimate reasons a person with a disability or religious belief may need or want a reasonable accommodation in the workplace. The bill ensures that employees are not treated unfairly for making the accommodation request.

SB 600 (Pan): New Protected Classes

AB 1230 (Gomez): Funding For Disability Access Building Retrofits

Chapter 787, Statutes of 2015. Establishes the California Americans with Disabilities Act Small Business Capital Access Loan Program, to create a self-sustaining program to provide loans to assist small businesses in financing the costs of projects that alter or retrofit existing small business facilities, to comply with the federal Americans with Disabilities Act. Effective Date: January 1, 2016 What to know: Retrofitting a building to ensure compliance with disability access laws can be quite expensive. This new loan program will help some small businesses afford compliance costs.

AB 1521 (Committee)

Chapter 755, Statutes of 2015. Current law requires an attorney to provide a written advisory with each demand letter or complaint sent to or served upon a defendant or potential defendant for any construction-related accessibility claim. This bill requires the advisory to include additional information regarding the rights and obligations of business owners and commercial tenants. In addition to the written advisory, the bill requires

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RENTAL HOUSING 23

an attorney to provide a defendant or potential defendant of a construction-related accessibility claim with a verified answer form developed by the Judicial Council, which allows a defendant to respond in the event a complaint is filed.

Effective Date: January 1, 2016 What to Know: The new notice requirements include information on attorney misconduct, and how to reduce damages.

The bill is part of a broader effort to ensure that property owners are aware of their rights and responsibilities when it comes to disability access compliance.

AB 285 (Gallagher) Unlawful Detainer Assistant

Chapter 295, Statutes of 2015. Unlawful Detainer Assistants (UDA’s) are non-lawyers who provide advice and assistance to tenants on unlawful detainer issues for compensation. UDA’s must register with the county clerk in any county in which he or she maintains a branch office, in addition to the county in which his or her principal place of business is located. UDA’s will be required to fulfill a 15-hour continuing legal education requirement. The venue for any legal dispute involving a UDA must be in the county of the client’s primary residence. Additional oral and written disclosures to prospective clients must be provided, including a written “Notice to Consumer” document which must be signed and dated before entering into any contract for services or accepting compensation.

Effective Date: January 1, 2016. (Sunsets on December 31, 2021.)

What to know: The bill brings some commons sense regulation to a “profession” that previously had little oversight and regulation.

AB 1448 (Lopez): The Clothesline Law

Chapter 602, Statutes of 2015. Under the new law, a tenant may utilize a clothesline or drying rack in the tenant’s private area if all of the following conditions are met: (1) the clothesline or drying rack will not interfere with the maintenance of the rental property; (2) the clothesline or drying rack will not create a health or safety hazard, block doorways, or interfere with walkways or utility service equipment; (3) the tenant seeks the property owner’s consent before affixing a clothesline to a building; (4) use of the clothesline or drying rack does not violate reasonable time or location restrictions imposed by the property owner; (5) the tenant has received approval of the clothesline or drying rack, or the type of clothesline or drying rack, from the property owner.

Effective Date: January 1, 2016 What to know: Tenants must seek the consent of the property owner to use an outside clothesline. The request and response should be in writing, and be kept by the property owner in the tenant’s file. Ultimately, tenants may not use a clothesline without first receiving the property owner’s approval.

AB 802 (Williams) Energy Efficiency

Chapter 590, Statutes of 2015. Among other things, the bill states the intent of the Legislature is to have the CA Energy Commission (CEC) create a benchmarking and disclosure 24 RENTAL HOUSING

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program to help owners of commercial and multifamily buildings above 50,000 square feet in gross floor area have a better understanding of their energy consumption. The benchmarking program for the buildings means buildings without residential utility accounts or buildings with five or more active utility accounts, residential or nonresidential. The CA Public Utilities Commission is authorized to provide incentives to offset costs of energy efficiency programs to bring buildings into compliance with mandatory energy efficiency codes for existing buildings Effective Date: January 1, 2016 What to Know: Sharing energy consumption data will continue to be private. No obligation is created to share the data with prospective tenants, and there is no requirement to make energy upgrades at point-of-sale or point-of-lease.

SB 761 (Hall) Airbnb Notice to Tenants

Chapter 239, Statutes of 2015. The bill requires companies like Airbnb to provide a specific notice to an occupant listing a residence for a short-term rental on its website that states, among other things, that, if the occupant is a tenant, listing the room, home, condominium, or apartment may violate the lease or contract and could result in legal action by the property owner, including possible eviction.

Effective Date: January 1, 2016 What to know: Residential tenant lease terms often contain a provision prohibiting the subletting of the tenant’s unit without prior property owner approval. Despite this provision, some tenants rent out their apartments on websites like Airbnb without notifying their property owners. This bill is an attempt to ensure tenants are aware that they may be violating their lease by subletting on websites like Airbnb. Property owners may want to review lease and rental agreements to assure short-term rentals are prohibited.

AB 744 (Chau): Affordable Housing Developments—Parking Ratios

Chapter 699, Statutes of 2015. The bill places a cap on the parking ratios that local governments may impose on certain affordable housing developments. The bill adds several provisions to the state density bonus law by reducing parking ratios greater than .5 spaces per unit for a development that includes at least 20% low income or 11% very low-income housing units and within one-half mile of a major transit stop. It also prohibits parking ratios greater than .5 spaces per unit if the development is a senior citizen property, is entirely composed of low or very low-income rental units and has a paratransit or is located within a mile of a bus line that runs at least 8 times per day. It is also designed to assist in the construction of special needs housing.

What to Know: Qualifying affordable housing developments could see a reduction in the cost of building low-income housing and could be encouraged to build these developments.

New and Proposed State Regulations

Proposed Proposition 65 Reform Efforts. Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. Among its

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YOU’RE INVITED TO OUR OPEN HOUSE AND HOLIDAY CELEBRATION!

THURSDAY, DECEMBER 3 6:00 P.M. - 8:00 P.M. EBRHA OFFICE

3664 GRAND AVE, SUITE B, OAKLAND, CA 94610

Join your fellow EBRHA members, board and staff to celebrate our new office space and the many accomplishments the Association has achieved in 2015.

Light refreshments and beer/wine will be served. Street parking on Grand Avenue is free after 6:00 p.m.

RSVP REQUIRED AT WWW.EBRHA.COM/EVENTS

provisions, it requires businesses to warn the customers and guest about chemicals known to cause cancer, birth defects or other reproductive harm, that may be present on the property or in its product.

The Office of Environmental Health Hazard Assessment is the department that oversees Proposition 65 regulation.

In the last few years, OEHHA has been trying to overhaul Prop. 65 in ways that was burdensome, costly, and unnecessary. The business community, led by the California Chamber of Commerce, formed a coalition to oppose the measures, and successfully defeated them.

Our lobbying team was part of that coalition.

OEHHA has since incorporated many of the suggestions the business community has offered, and released a new version of its proposed regulations for comment. While there are still issues to be worked out, we are likely to see new regulations go into effect in the next year or so. The new regulations will require businesses, including rental property owners, to post new warning signs that direct patrons and guests to log on to OEHHA’s new website dedicated to informing the public about harmful chemicals. Our lobbying team remains involved in the regulatory process and the Chamber of Commerce’s coalition.

Housing Regulations: Emotional Support Animals. The Fair Employment and Housing Counsel, a division of the California Department of Fair Employment and Housing (DFEH) is in the process of drafting new rental housing regulations.

Its initial draft proposed to include broad protections for tenants to own and live with “support animals” (also known as emotional support or companion animals). As currently drafted, the Association is opposed.

Not to be confused with service animals, which are dogs that are trained to provide a necessary function for a disabled person, support animals are not required to be trained, and can be any type of animal that is locally allowed by law. The proposed rules are without reasonable limits on the number or type of support animals allowed, and provide property owners with little if any discretion to address problematic, unruly and untrained animals that present a

EAST BAY RENTAL HOUSING ASSOCIATION health and safety risk to other tenants.

Moreover, tenants are not required to be under current medical supervision from the doctor who “prescribed” the support animal.

Private housing providers understand that those with mental or psychiatric disabilities sometimes need reasonable accommodations that may include the support of an animal. The proposal as currently drafted, however, is too broad and unbalanced. The health and safety of other tenants must be considered. Additionally, damage to property, pet fraud, and other special circumstances of a particular property should be considered.

Our lobbying team has drafted and submitted a response to DFEH explaining our position, and suggesting ways the new regulations could be improved.

We will be closely monitoring the new regulations.

Water Conservation

On July 15th 2014, the State Water Resources Board adopted an emergency regulation restricting water use for outside areas. Violation of the regulations constitutes an infraction and may result in major fines. More recently, the Board adopted additional regulations regarding the manufacture and sale of new faucets, showerheads, toilets and urinals.

Amid California’s unprecedented drought, other new regulations and laws have and will be going into effect. The following is a list of the main water conservation and drought rules you should be aware of: • Mandatory statewide water use reduction of approximately 25% (may vary between 8-36% depending on the city).

• State Water Board authority may issue fines to water wasters of $500 $10,000 depending on the severity.

• Do not water lawns or landscapes with potable water for 48 hours following or during rainfall.

• Do not use water to wash hardscapes such as sidewalks or driveways • Do not allow for irrigation runoff or overspray onto streets, sidewalks or driveways.

• Do not wash a vehicle without a positive shut-off nozzle at the end of the hose.

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payment of fees and fines associated with violations of water regulations.

“Additionally, new regulations on faucets, toilets and showerheads with respect to water-flow-per-minute standards will go into effect soon.”

• Do not use fountains or decorative water features that do not recirculate water.

• All leaks must be fixed within 72 hours • Do not water ornamental grass on public medians.

• Restaurants and other food service establishments can only serve water to customers upon request.

• Hotels and motels must provide guests with the option of choosing not to have towels or linens laundered daily and prominently display notice of this option.

• Homeowner associations may not fine members who choose not to water their lawn .

• Cities will be barred from fining residents who brown their lawns (AB 1), or those who replace their lawn with synthetic turf (AB 1164).

• Local water providers are giving away rebates of up to $2,000 for individuals and up to $5,000 for businesses, for those who replace their lawns with drought resistant plants and landscape.

• Local water providers are also giving rebates for high efficiency washers, toilets, rain barrels, rain sensor attached irrigation systems, smart controllers, water efficient sprinklers, and pool covers.

Additionally, new regulations on faucets, toilets and showerheads with respect to water-flow-per-minute standards will go into effect soon. Bathroom faucets for sale after Jan. 1, 2016 may flow at no more than 1.2 gallons per minute (down from the current 2.2 gallons per minute). Kitchen faucet flow will be required to be reduced from 2.2 gallons per minute to 1.8 gallons per minute. Public bathroom faucets will be reduced from 2.2 gallons per minute to a half-gallon. Wall-mounted urinals will be limited to no more than 0.125 gallons of water, down from half a gallon. Toilets will be limited to 1.28-gallon maximum water flow. The current standard in California for showerheads is 2.5 gallons per minute. That will shrink to 2 gallons effective next July 2016, and shrink further to 1.8 gallons in July 2018. The new regulations will give California the most stringent standard in the country.

It should be noted, however, that the new standards do not require property owners to install plumbing fixtures that meet these new standards. The regulations only apply to manufacturers and retailers and what the industry is allowed to sell. Property owners are, however, required to install plumbing fixtures that meet the standard as set a few years ago. (See Plumbing Fixture Mandate below.)

Property owners and managers are advised to review and amend rental and lease agreements to include provisions that 1) require tenants, guests and invitees to comply with the state regulations, and 2) establish that tenants are solely liable for 28 RENTAL HOUSING

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Retrofit Reminder

Smoke Detectors. Smoke detectors are to be installed in each bedroom on or before January 1, 2016 and outside bedrooms. When installing the detectors before this date, the property owner or manager should: a) Determine if each rental unit has smoke detectors in each bedroom and the type of detectors (AC vs. battery powered). Where devices are located, note its location in the file of the unit, the manufacturer, and the placement of each detector in the rental unit file. For units without detectors in each bedroom, decide when compliance with the new law will be undertaken (must be before January 1, 2016), and note it in the rental unit file. b) Install the detectors on a specified schedule and note that schedule in the file of each rental unit. In the file, also note the date the detector was installed, location in the dwelling, and the serial number. c) All existing devices must be operable and located in compliance with the new state law at the time of a new hiring and when installing new devices. d) New smoke alarms purchased must comply with the new law and be approved by the State Fire Marshal in order for the alarms to be sold in the state. The new devices must be tamper proof, and contain both a hush button feature and a 10-year battery life (AC powered smoke detectors and operable battery devices are not required to be replaced unless the detector will not work with a new battery).

Keep in mind the following: 1) Smoke alarms connected to a panel or connected to a wireless communication signal are exempt from the new law; 2) the law does not apply to installing or replacing smoke detectors in common stairwells; and 3) because certain cities have adopted more restrictive smoke detector ordinances, property owners and managers are advised to comply with the new requirements and local laws and regulations to the extent possible.

Carbon Monoxide Detectors (CO Device). Every owner of a “dwelling unit intended for human occupancy” must install an approved CO device in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage or carport. Qualifying units must have at least one CO device per floor, and if there are bedrooms on the floor, the CO device must be placed adjacent to the bedrooms. Also, you may follow the manufacturer’s instructions that come with each device. Single-family dwelling units were required to be incompliance on or before July 1, 2011. All other existing dwelling units were required to be incompliance on or before January 1, 2013.

Plumbing Fixture Mandate. On or before January 1, 2017, all noncompliant plumbing fixtures in any single-family residential real property built prior to 1994 must be replaced with water-conserving plumbing fixtures (water compliant shower heads, toilets, and inside faucets).

For multifamily residential real property built prior to 1994, all noncompliant plumbing fixtures must be replaced with

water-conserving plumbing fixtures on or before January 1, 2019. Water conserving plumbing fixtures includes 1.28-gallon toilets and 2.2-gallon-per-minute faucets and showerheads. Installation may be more difficult than expected. Replacing a faucet may involve replacing water supply lines and angle stops. Replacing a toilet may include replacing flooring because the toilet footprint may not match the old footprint, angle stops and supply lines.

When purchasing a new faucet, ensure that the faucet matches the cover and openings in the sink. When purchasing a new toilet check the footprint and its efficiency rating. RH

The information provided herein is intended to provide general guidance and awareness on recently passed state laws and regulations and shall not be construed in any way as a substitute for individual legal advice. Those that require specific advice should consult an attorney. Ron Kingston is the EBRHA state lobbyist and president of the California Political Consulting Group.

He can be reached at 916-447-7229 or ron@ calpcg.com.

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government affairs

for Rep. McCarthy, no one – including members of the HFC – thought this would ultimately stop him from securing the Speakership. Apparently, Mr. McCarthy did not have that same confidence and he announced during the nominating meeting that he would not seek that office and would instead remain Majority Leader. He reportedly said that he was not the man to be the face of the party and wanted unified support within the party for whoever was the Speaker.

In the words of the Rep. Mark Sanford Legislative updates from NAA’s Senior Vice (R-S.C.-1), Mr. McCarthy’s announcePresident of Government Affairs. BY GREG BROWN ment created “mayhem” in the caucus meeting. The news was apparently a surprise to literally everyone in the room, As expected, Mr. Boehner’s resignaincluded Speaker Boehner who reporttion has created a chaotic environment edly immediately postponed the Speaker as Republicans seek to fill the vacuum nomination vote and left the room in a he will leave. The words had barely hurry. Since Mr. McCarthy is keeping his escaped the Speaker’s mouth when Majority Leader position, that freezes the jockeying began in earnest. (There Rep. Scalise and Rep. McHenry in their were some signs it had begun even current respective positions. It also ends before). Initially, things played out as the campaigns of all those members who one would expect - nearly all of those were challenging them. Perhaps more currently in GOP leadership positions importantly, it creates a free-for-all in quickly announced their intention to selecting a new Speaker of the House. move up the ladder. Kevin McCarthy In addition to Rep. Webster, Rep. (R-Calif.-23), the current Majority Jason Chaffetz (R-Utah-3), chairman of Leader was running for Speaker; Steve the House Oversight and Government Scalise (R-La.-01), the current Whip was Reform Committee, is also a candidate running for Majority Leader, and Patll of us at one time or another for Speaker. Whatever the odds were that rick McHenry (R-N.C.-10), the current had a job that was, let’s say, either of them would win the nomination Deputy Whip was running for Whip. less than fulfilling and that we before, they have changed radically now.

Cathy McMorris Rodgers (R-Wash.-05), dreamed of quitting. Hand-in-hand It’s almost certain that other candidates the current GOP Conference Chair and with that of course is how we would will enter the election, but there are also Luke Messer (R-Ind.-06) the current quit, thus inspiring many fantasies discussions within the caucus of a “carePolicy Committee Chairman ultimately about telling off the boss, co-workers taker” Speaker to take the party through chose to remain in their respective posior interminable clients. Hollywood has the end of the year. For his part, Speaker tions. There were challengers outside of provided great fodder for this – Jennifer Boehner has committed to remaining leadership for all of these positions, but Aniston in Office Space, Bill Murray in Speaker until the party finds a replaceat least in McCarthy’s case, the odds Stripes or Tom Cruise in Jerry McGuire. seemed to be in his favor. ment for him. No one was prepared for One wonders if Speaker of the House both Mr. Boehner and Mr. McCarthy to Then, just one day before the vote John Boehner (R-Ohio-8) had similar take themselves out. to nominate the party’s candidate for whimsies last month as he announced Mr. Boehner’s departure compiled with Speaker, the ground shifted as the his resignation both as Speaker and these late-breaking developments has seriHouse Freedom Caucus (HFC), a group from his seat in Congress effective at ous implications for the legislative calenof about 40 very conservative members the end of October. Likely not, as his dar this fall. In his last month on the job, long displeased with existing leadership, announcement was characteristic of his Mr. Boehner pledged to “clean out the announced their support not for Rep. usual professionalism and desire to put barn” for his successor.

McCarthy but for Rep. the institution he loves in front of his “Things are getting And since he no longer Daniel Webster (R-Fla.own needs. He seemed more inspired by 10), a freshman and really interesting in has to care about reelecthe visit of Pope Francis than by visions the Nation’s Capition to Congress or the favorite of the conservaof verbal comeuppance for those who tal. Stay tuned and Speakership, he can tive wing of the Republimade his life so difficult for the past keep warm. Winter make deals with whomcan Party. While this was several years. is coming.” ever he wants. In fact, certainly not good news

War for the Soul of the Republican Party

A

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negotiations are already underway on a two-year budget deal that could eliminate the prospect of government shutdowns until 2017. Further, the Treasury Department updated its forecast for the debt limit, now reaching it on November 5 which means a deal could and probably should be made while Mr. Boehner still holds the gavel and can negotiate with Democrats and the Administration more freely. Look for deals on both of those items before Boehner departs.

Other outstanding legislative items remain but will not be solved this month.

A highway bill and tax extenders are two at the top of the list and must see some kind of action before Congress adjourns for the year. As usual, these will come down to dollars and cents. The least common denominator is likely in both cases.

One legislative issue high on NAA’s priority list is nearly complete – negotiations over the National Defense Authorization Act (NDAA) and specifically the funding for the Basic Allowance for Housing (BAH). Recall that this subsidy for the housing costs of military personnel is critical to those NAA members who are partners in the Military Housing Privatization Initiative. Once again we managed to stave off deep cuts to the BAH and instead will see only a modest 1 percent reduction. This is not a perfect outcome but at least minimizes the damage.

The x-factor with the NDAA is the President. He has stated that he will veto the bill as currently drafted. The Senate passed the compromise legislation with enough votes to override any veto, but it is unclear if the House has the votes to do the same. If the President does veto the bill and the Congress cannot override that veto then the bill will have to be changed. How the BAH fares under those circumstances is unclear. The great advocacy work of the NAA Privatized Military Committee members to get us to this point may be required again.

Things are getting really interesting in the Nation’s Capital. Stay tuned and keep warm. Winter is coming. RH Greg Brown is the Senior Vice President of Government Affairs with the National Apartment Association. He can be reached at 703-797-0615 or greg@naahq.org.

Strategic Advice and Assistance in Management and Rent Board Matters

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COLUMN

esq. & a

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

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

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?

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

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for a property owner to act.

My recommendation is to first write a letter to the offending tenant outlining your concerns. In the correspondence, let the tenant know that the noise, barking and mess must stop as it is an unreasonable interference with the comfort and quiet enjoyment of other building occupants and it poses a safety hazard.

Should the tenant fail to properly respond to the letter by reducing the disturbance and eliminating the mess, I would 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

ebrha.com

A tenant in an Oakland rent-controlled unit can file a Rent Board petition claiming a reduction in housing services. When housing services are reduced, then it may be considered an improper rent increase, and the Rent Board can award the tenant a reduction in rent until the housing service is restored.

A factor in determining whether a housing 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

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LOOKING FOR A MEETING SPACE FOR YOUR BUSINESS GROUP?

EBRHA’s office space offers two room rental options: a conference room for seating up to 18 people or a classroom space with up to 40 seats.

The rooms are perfect for: • Meetings with clients • Club or group meetings • Workshops and classes Our office is conveniently located in the Grand Lake neighborhood, with plenty of street and metered parking. Our office is wheelchair friendly.

Refreshment service and AV available.

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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 Law Offices of Bornstein & Bornstein 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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community calendar EVENTS & CLASSES

november

december

NOTE: WORKSHOPS HELD AT OUR NEW OFFICE AT 3664 GRAND AVE, SUITE B IN OAKLAND

NOTE: WORKSHOPS HELD AT OUR NEW OFFICE AT 3664 GRAND AVE, SUITE B IN OAKLAND

WEDNESDAY, NOVEMBER 4 Capital Improvement Pass-throughs: How, When & Why Liz Hart, Rent Board Matters Members: $39; Non-members: $69 2:00 p.m. - 3:30 p.m.

TUESDAY, DECEMBER 8 Retirement Savings Challenges for Women Terry Allen, Enhance Wealth Advisors $20 for Members and their Guests Seating is limited, Registration deadline is Friday, October 9 Advanced registration required at www.ebrha.com/events Noon - 1:30 p.m.

THURSDAY, NOVEMBER 12 Landlord 101 Jill Broadhurst, CCRM, EBRHA Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m.

SATURDAY, NOVEMBER 14 EBRHA Membership Meeting (Members only) Topics: • EBRHA Board Member Elections

• Update on Local Rental Housing Issues— EBRHA Staff and Board 10:00 a.m. - Noon Note: Please enter through back door on Weldon Avenue and ring doorbell for access. Street parking only.

TUESDAY, DECEMBER 15 Fair Housing and Your Rental Business Angie Watson-Hajjem, Fair Housing Specialist, ECHO Members: Free; Non-members: $69 2:00 p.m. - 3:30 p.m.

FRIDAY, DECEMBER 25 EBRHA Office Closed

TUESDAY, NOVEMBER 17 Landlord Basics Jill Broadhurst, CCRM, EBRHA Free to Members and Non-members 2:00 p.m. - 3:30 p.m.

THURSDAY, NOVEMBER 26 & FRIDAY, NOVEMBER 27 EBRHA Office Closed

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

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Oakland RENT ADJUSTMENT PROGRAM FEE

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

BUSINESS TAXES & REGISTRATION

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

LANDLORD PETITION FOR EXEMPTIONS

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

ANNUAL ALLOWABLE RENT INCREASE

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

PERI OD

AM O U N T ( % )

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

CAPITAL IMPROVEMENTS INCREASE FORMULA

FOR FURTHER INFORMATION CONTACT:

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

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

Berkeley RENT STABILIZATION BOARD FEES

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

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

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

ANNUAL ALLOWABLE RENT INCREASE

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

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

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

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

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

BERKELEY RATES

FOR FURTHER INFORMATION CONTACT:

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

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

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vendor directory — CONTACTS, PRODUCTS & SERVICES Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com Law Offices of Brent Kernan Brent Kernan 510-712-2900 bkernan@aol.com Law Offices of Elaine Lee Elaine Lee 510-848-9528 www.elaineleeattorney.com Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Ed Nagy and Alan J. Horwitz 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com

ABATEMENT SERVICES

P.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.com Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net ACCOUNTING & TAX

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

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

ATTORNEYS - LAND USE/CONDO CONVERSION

APPRAISERS

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

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

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

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

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Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com ATTORNEYS - REAL ESTATE/CORP.

Buresh, Kaplan, Feller & Chang Fred Feller 510-548-7474 www.bureshkaplan.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com Jack Schwartz, Attorney at Law Jack Schwartz 650-863-5823 jwsjr1220@comcast.net Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com AUTOMOTIVE

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

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

Chase Commercial Ted Levenson 415-945-5430 ted.levenson@chase.com Chase Commercial Neil O’Callaghan 415-315-8901 neil.ocallaghan@chase.com First Federal Savings & Loan Assoc.

Anthony Moreno 415-460-2657 www.ffsavings.com First Foundation Bank Michelle Li 510-250-8133 www.ff-inc.com Intervest Mortgage Marc Lipsett 510-622-8515 www.intervest-mortgage.com Luther Burbank Savings Larry Miller 925-627-2790 www.lutherburbanksavings.com NorthMarq Capital Dan Baker 415-433-4145 www.northmarq.com SF Fire Credit Union Herman White, Jr. 415-674-4808 www.sffirecu.org Torrey Pines Bank Dale Marie Golden 510-899-7536 dgolden@torreypinesbank.com BATHROOM & KITCHEN REMODELING

American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com Bathfitter Rod Mills 510-969-3905 www.bathfitter.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Sincere Home Decor Hei Chan 510-835-9988 www.sincerehomedecor.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com CABINETS & COUNTERTOPS

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

vendor directory Cleaner Carpets Ron Russell 510-522-1344 cleanercarpet@juno.com COLLECTION AGENCIES

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

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

ARC Water Damage Nina Lauffer 510-835-3073 www.arc-ca.com Har-Bro Restoration Inc. Sonia Fuetsch 650-670-2364 www.harbro.com Servpro of Lafayette/Moraga/Orinda Jenny Villena 925-299-1323 servpro9542@sbcglobal.net Water Damage Recovery Rick Walker 800-886-1801 www.waterdamagerecovery.net DOORS & GATES

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

Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com

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

Going Green Dan Antonioli 510-652-7593 www.going-green.co Urban Ore Marylou Van 510-841-7283 www.urbanore.com HANDYMAN SERVICES

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

ELECTRIC VEHICLE CHARGING

NRG EVgo Mehr Kouhkan 310-954-2930 www.nrgevgo.com ELECTRICIANS

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

Paramount Elevator Corp.

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

HAULING SERVICES

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

FINANCIAL PLANNING

David White & Associates Miguel Delgado 925-277-2635 www.dwassociates.com Enhance Wealth Advisors Terry Allen 925-932-8609 info@enhancewa.com

HEATING & AIR CONDITIONING

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Hassler Heating & Air Conditioning Mike Hassler 510-848-3030 www.hasslerheating.com

FIRE EXTINGUISHER SALES & SERVICES

Best Equipment Co. LLC Denise Haughin 510-655-8882 bestfireequipment@att.net FIRE PROTECTION

Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com

HOME WARRANTIES

First American Home Warranty Megan Cormier 707-596-5334 mcormier@firstam.com HUMAN RESOURCES MANAGEMENT

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

FLOOR COVERINGS

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

INSPECTIONS

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

GOVERNMENT AGENCIES

INSURANCE

Housing Authority of the City of Alameda Mike Pucci 510-747-4325 www.alamedahsg.org

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

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

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

R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.com INVESTMENT OPPORTUNITIES

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

Coinmach Claudette Lucey 510-909-9786 www.coinmach.com Excalibur Laundries Carlos Barraza 510-872-1554 www.excaliburlaundries.com Innovative Coin Cheri Guffey 510-259-1494 www.innovativelaundry.com 40 RENTAL HOUSING

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LEAD, MOLD & PEST MANAGEMENT

Alameda County Healthy Homes Dept.

Julie Twichell 510-567-8252 www.aclppp.org LITIGATION SUPPORT SERVICES

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

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

Axiometrics Inc. Amy Wolff Sorter 469-621-9669 asorter@axiometrics.com PEST & VECTOR CONTROL

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

Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Frank Bonetti Plumbing Dan Bonetti 510-582-0934 www.bonettiplumbing.com Roto-Rooter Martin Alvarez 510-755-1262 sanactma@aol.com PROPERTY MAINTENANCE

APT Maintenance, Inc. Keith Berry 510-747-9713 www.aptmaintenanceinc.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com PROPERTY MAINTENANCE SOFTWARE

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

Ferguson Enterprises, Inc. Jermane Griffin 916-752-7608 jermane.griffin@ferguson.com ebrha.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 Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com Crane Management Kit Crane 510-918-2306 www.cranemanagment.net The Enterprise Company William McLetchie 510-444-0876 ERI Property Management Sasha Bermudez 510-883-7017 www.erirentals.com Lapham Company Jon M. Shahoian 510-594-7600 www.laphamcompany.com Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com Oaktown Urban Properties Michael Moynihan 415-572-0334 www.oaktown-up.com OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com Shaw Properties Judy Shaw 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com Wellington Property Company Jillian Loh 510-338-0588 www.wellingtonpropertyco.com Woodminster Property Management Nicholas Drobocky 510-336-0202 www.woodminstermanagement.com

vendor directory REAL ESTATE BROKERS & AGENTS

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

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

RENT CONTROL CONSULTANTS

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

Alan K. Beales 510-339-9776 Bay Property Group Cristian Villarreal 510-474-7404 cristian@baypropertygroup.com

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

Edrington & Associates Steven Edrington 510-749-4880 sedrington@msn.com

SOLAR ENERGY

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

Liz Hart 510-813-5440 liz.hart1801@gmail.com St. John and Associates (Berkeley only) Michael St. John 707-937-3711 msjetal@pacbell.net

TENANT SCREENING SERVICE

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

RENTAL SERVICES

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

TOWING SERVICE

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

ROOFERS

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

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

Bartlett Tree Experts Tony DeMola 925-934-6306 www.bartlett.com Coastal Tree Service Hans Waller 510-693-4631 www.coastaltreeservice.com

SECURITY/SURVEILLANCE

ADT Security Systems Bobby Augusto 925-222-8034 www.adt.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com

TUB, TILE & COUNTERTOP REFINISHING

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

SEISMIC CONSTRUCTION

Adobe Soil & Structures Mark Almeida 510-919-1880 www.adobesoils.com B.A.S.S. Seismic Retrofit D.W. Hamilton 510-919-0046 www.bassseismicretrofit.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com SEISMIC ENGINEERING

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

SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Urban Ore Marylou Van 510-841-7283 www.urbanore.com

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ad index

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ebrha.com

SGK Solutions.. . . . . . . . . . . . . . . . . . . . . . . . 44 Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered.

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