Housing EAST BAY RENTAL HOUSING ASSOCIATION | JULY 2014
A MODEL OF
PRESERVATION & RESILIENCE Berkeley leads the way in soft story retrofits
PLUS: TIPS TO PROTECT YOUR PROPERTY WHEN A DISASTER HAPPENS DEFEND YOURSELF FROM HABITABILITY ISSUE COMPLAINTS Cover photo: Daniel Parks
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East Bay Rental Housing Association
Volume XI, Number 7 July 2014 EBRHA OFFICE
360 22nd Street, Suite 240 Oakland, CA 94612 tel 510.893.9873 | fax 510.893.2906 www.ebrha.com
Features & Columns
EBRHA STAFF EXECUTIVE DIRECTOR
Jill Broadhurst | firstname.lastname@example.org DIRECTOR OF STRATEGIC PARTNERSHIPS
Tina Bocheff | email@example.com PUBLICATIONS & COMMUNICATION PRODUCER
Esteban Cortez | firstname.lastname@example.org ACCOUNTING MANAGER
Cathy Hayden | email@example.com EDUCATION & MEMBER MANAGER
Tori Blanca | firstname.lastname@example.org MEMBERSHIP AND ADMINISTRATIVE ASSISTANT
Evangelina Salazar | email@example.com EBRHA OFFICERS
A Model of Preservation & Resiliance
An Ounce of Prevention BY SANDY GLOVER
BY JENNY MCNULTY
PRESIDENT Wayne C. Rowland 2ND VICE PRESIDENT Luke Blacklidge TREASURER Jack Schwartz SECRETARY Fred Morse EBRHA DIRECTORS
Mark Almeida, Bill Bagnell, Symon Chang, Reggie Hairston, Carmen Madden, Conor Murphy, Rick Philips, Sarah Picker, Judy Shaw, Abbe Sultan, Menna Tesfatsion, Mila Zelkha PUBLISHED BY
Wayne C. Rowland PRODUCED BY
EBRHA Communications Committee Tina Bocheff, Jill Broadhurst, Esteban Cortez, Wayne C. Rowland MANAGING EDITOR Jill Broadhurst EDITOR Tina Bocheff
The Warranty of Habitability
ART DIRECTOR & COPY EDITOR Esteban Cortez ADVERTISING
Tina Bocheff | 510.318.8303
BY CLIFFORD FRIED
Features & Columns NEWS
New Alameda County Food Scrap Recycling Laws Effective July 1, 2014 16
HEALTH & SAFETY
BY CLAYTON BARRY
Events & Directory
BY STEVE WILLIAMS
36 COMMUNITY CALENDAR 38 M EMBER DIRECTORY 42 M EMBERSHIP APPLICATION 42 A D INDEX
4 RENTAL HOUSING
| JULY 2014 |
34 GREEN SHEET No-Cost Home Energy & Water Conservation Services from July 1 to August 7th
Rental Housing is published monthly for $36 per year by the East Bay Rental Housing Association (EBRHA), 360 22nd Street, Suite 240, Oakland, CA 94612. Rental Housing is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in Rental Housing are those of the author and do not necessarily reflect the viewpoint of EBRHA or Rental Housing. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered. Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright ÂŠ 2013 by EBRHA. All rights reserved.
COVER PHOTO: FLICKR / DANIEL PARKS
Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 360 22nd Street, Suite 240, Oakland, CA 94612.
contributors CLAYTON BARRY Clayton Barry is a partner at SERVPRO of San Leandro and Belmont/San Carlos and Stockton, part of a nationwide fire and water damage cleanup organization. He is also a general contractor and a certified mold inspector and mitigator. Clayton has more than 30 years of experience serving property owners and property managers throughout the Bay Area with speciality cleaning services.
CLIFFORD FRIED Clifford Fried is a real estate attorney with expertise in landlord-tenant law, eviction and rent control matters in Oakland and the Bay Area. He and his law firm represent residential landlords only and are one of the largest such firm in Northern California. He has processed nearly 10,000 evictions in his career and has authored several books on evictions and hundreds of published articles on rental property ownership.
Oakland needs a pragmatic, balanced voice to advocate for residents and businesses. Do you live in or have a rental property in District 4? Know someone who does? How can you help?
• Consider having a house party in the summer
Sandy Glover is the founder and CEO of the Gold Shield Agency, and has 20 years of experience making it a state-of-the-art applicant screening agency. In addition, Sandy contributes articles to real estate and property management blogs and magazines that are pertinent to property managers. In her spare time, she is a volunteer for various animal rescue organizations. Sandy lives in Ormond-bythe-Sea, Florida and loves to spend time at the beach with family and friends.
JENNY MCNULTY Jenny McNulty is a Program and Administration Manager in the Building and Safety Division at the City of Berkeley. She manages Berkeley’s Soft Story Program and helped develop mandatory retrofit requirements in 2013. Jenny was previously Executive Director of Urban Solutions, a non-profit economic development organization in San Francisco. Jenny lives in Berkeley with her husband and two children.
6 RENTAL HOUSING
Jill Broadhurst, EBRHA’s Executive Director, is running for Oakland City Council This November
| JULY 2014 |
• Put up a lawn sign on all your properties in the District or at its borders • Walk door-to-door or phonebank
FIND OUT MORE:
WWW.JILL4OAKLAND.COM FPPC #1362843
SAVE THE DATE
Presented by the East Bay Rental Housing Association
Trade Expo Wednesday, October 22, 2014 3:00 - 7:00 p.m. Greek Orthodox Church 4700 Lincoln Ave., Oakland
n Workshops n Vendor Fair n Free Parking n Oktoberfest Reception
To exhibit, contact Tina Bocheff at 510-318-8303 or firstname.lastname@example.org.
news Changes to Oakland Rent Adjustment Program Ordinance and Regulations Effective August 1, 2014
Food scrap recycling will be mandatory for many multifamily homes in the East Bay.
New Alameda County Food Scrap Recycling Laws Effective July 1, 2014 PHASE 2 OF THE MANDATORY RECYCLING ORDINANCE in Alameda County begins July 1, 2014, which adds food scraps and food-soiled paper to the “Covered Materials” list and requires all businesses to participate. The following requirements, however, apply to multifamily residential buildings in Alameda County with five or more units located in jurisdictions that have fully opted-in to the Phase 1 and Phase 2 requirements. Those cities include Alameda, Albany, Berkeley, Emeryville, Livermore, Piedmont and Unincorporated Areas. Fremont, Oakland and Castro Valley Sanitary District will not opt-in to the Phase 2 requirements until July 1, 2016. The ordinance requires building owners to: 1) Provide containers and service of sufficient number, size and frequency for recyclable materials; 2) Provide containers and service of sufficient number, size and frequency for organics (food scraps and compostable paper); and 3) Provide information at least annually to employees, tenants, and contractors describing how to properly use the recycling, garbage, and organics containers, as well as no later than 14 days after movein and no less than 14 days prior to move-out. For more details about the compliance requirements in the various Alameda County jurisdictions, visit www.recyclingrulesac. org.
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announced its changes to the Rent Adjustment Program (RAP) regarding debt service, rent increases and capital improvements. According to the updated ordinance, debt service as justification for a rent increase is eliminated as of April 1, 2014. Regarding capital improvements, effective August 1, 2014: maximum of 10% annual limit on all rent increases, unless CPI is above 10%; maximum of 30% on rent increases within a 5-year period (rent increases above 30% within a 5-year period are allowed if only CPI increases were given during the 5-year period); enhanced noticing requirements for all capital improvements; maximum 70% of capital improvements costs can be passed through to tenants; the new capital improvement procedures apply to all capital improvements, whether a single unit or an entire building; and owners face administrative penalties and interest for any overcharge in rent after allowable capital improvement rent increases expire. In addition, there are new enhanced noticing requirements for all capital improvements. After work is completed and paid for, the owner must prepare and submit to tenant(s): 1) Notice of rent increase; 2) Rent Adjustment Program (RAP) Notice to Tenants; and 3) Summary of capital improvements with costs listed by category, date improvements were completed and paid for, and the start and end date of rent increase. The set of three documents must be filed with the RAP within 10 days of service on each tenant affected by the capital improvement. Failure of the owner to provide the required set of documents invalidates the proposed capital improvement rent increase. Owners may still file a petition with RAP for a capital improvement increase in lieu of the enhanced notice requirements. The Rent Board has published a Grandparent Clause stating “The new Ordinance will not apply to capital improvements on which permits have been taken out (unless no permits are required for any of the work) and substantial work per-
PHOTO: FLICKR / DAVID M. GOEHRING
The City of Oakland has officially
formed and substantial monies paid or liabilities incurred (other than permit fee) prior to implementation of the Ordinance, and the Owner reasonably, diligently pursues completion of the work.â€?
State Senate Narrowly Approves Harmful AntiEllis Act Bill In late May, the Senate approved bill SB 1439 (Leno) over the vehement objections of the Association and the entire apartment industry. The author made promises to amend the bill in the Assembly. Those amendments are simply cosmetic in nature and do not change our opposition to the bill. The impact and direction of the bill is to substantially weaken the Ellis act, a 1985 law that prohibits local governments from requiring property owners to stay in the rental housing business. Among other things, the Leno bill forces San Francisco rental property owners to remain in business for at least five years regardless of circumstances. Other cities have asked the author to include them in the bill. EBRHA remains adamantly opposed to any bill forcing property owners to stay in business. We will continue to send updates as they happen.
Alameda County Household Hazardous Waste Fee Passed At its May 28 meeting, the Alameda
County Waste Management Authority Board adopted a new household hazardous waste fee of $9.55 per year per residential unit. There are approximately 371,400 single-family homes and 159,700 units in multi-family buildings in Alameda County, and the fee will generate approximately $5 million per year in funding for household hazardous waste collection services.. The fee goes into effect July 1, 2014 and will be collected via the property tax roll. The fee has been structured to be reduced if program revenues or cost offsets from other sources are greater than projected. The fee does not go up with inflation or for any other reason, and will end on June 30, 2024. EBRHA opposed the hazardous waste fee and thanks members who were involved in fighting the fee since its proposal. RH
UPCOMING MEETINGS & EVENTS
EBRHA Office Closed
FRIDAY, JULY 4
Renovation, Repair and Painting Certification DATE/TIME THURSDAY, JULY 10, 8:00 A.M. - 5:00 P.M. PRICE Members: $250; Non-members: $279 I NSTRUCTOR Richard MacFarlane, Benchmark Environmental Engineering DETAILS n This EPA-accredited training course will certify workers as required under the new law for anyone who disturbs lead-coated surfaces during repair or renovation of pre- 1978 housing. n This 8-hour course was designed to train contractors who perform building renovations, repairs or painting, and how to work safely and comply with the EPA regulations. The course addresses health concerns, regulations, before, during and after work procedures, as well as record- keeping and training non-certified workers. n The class consists of a presentation of the new RRP regulations and hands-on student participation. There is an exam at the end of the course and students must pass at 70%.
Saturday Morning Coffee Hour DATE/TIME SATURDAY, JULY 19, 10:00 A.M. - 11:00 A.M. SPEAKER Michael Shepherd, The Shepherd Law Group DETAILS Members Only; Our Saturday Morning Coffee Hour is a quick in-and-out meeting with the opportunity to meet other members and have your legal questions answered by an attorney. Parking pass available at EBRHA.com
Online Registration at ebrha.com
Unless noted, all events are held at the:
Sign up, pay registration fees and receive reminders online.
EBRHA Education Center 360 22nd St., Suite 240 Oakland
RENTAL HOUSING 9
all things property management
An Ounce of Prevention
Follow these easy tips to save you stress when an inevitable disaster happens. BY SANDY GLOVER
t’s a fact that no matter where your business is located, it could be impacted by a natural disaster. Businesses located in the western United States could experience earthquakes, mudslides and wild fires. Those located on the Eastern Seaboard or Gulf States could experience hurricanes, and those in the Midwest could suffer from tornadoes and flash floods. Most small business owners are too busy with the day-to-day running of the business to worry about protecting against a natural disaster. Thus, they keep putting it off until tomorrow, and by then it might be too late. In the Bay Area, discussions of the next major earthquake are constant. That’s why it is especially important for property owners and managers in those communities to take the extra steps 10 RENTAL HOUSING
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needed to help avoid the stress that comes after a major disaster. Disaster Preparedness Tips Here are a few easy steps that will save property managers time, money and a whole lot of aggravation in the event of a disaster. Video your business. Include the outside, vehicles, equipment, inventory, supplies, offices, signs, and anything else that is important to your business. Talk about what you are filming so a FEMA, SBA or insurance agent will know what was there before the event. Don’t forget to include who is making the video and the date. Store it in a safe or — even better — a bank. Don’t forget to videotape your home too. Read your insurance policy. Is it up to date? Are there any upgrades or
improvements that need to be added? Are you covered for wind, flood and fire? If changes are needed, make them as soon as possible and store it with the video. Include all documents that are important to your business: contracts, licenses, deeds, etc. Get contact and alternate information from employees. This will help get them back to business as soon as it is safe. Give them yours as well. Determine your biggest risks. Contact your local emergency management office or FEMA to get information on disasters that are pertinent to your location. With these facts in hand, formulate a plan to make the most of the time you have to prepare. Assign tasks. Assign employees duties such as securing your hard drive and files, moving equipment to a safe location, covering windows, getting sandbags, etc. You all want to get home as soon as possible, so a well laid-out plan is every important. Keep it current to include new employees. Partner with businesses. Make a reciprocal agreement with a similar business so in the event you (or they) are out of service for a few days, customers will not suffer and revenue will not be lost. Is your business one that customers depend on, such as home health care provider? If so, this is a vital step. Other Useful Tips It is important to keep your generator in good working order, with enough gas to run three days at least. Remember to only run it in a well-ventilated place to prevent carbon monoxide poisoning. If you store chemicals that could be an environmental hazard, pose a fire threat or if the containers are damaged, meet with your local fire officials or OSHA at your business and show them where chemicals are stored so they will know what and how much you have. They may have suggestions for securing the product that could end up saving property and lives. Don’t forget to give your alarm company alternate contact information so they can stay in touch with you. Once an area has been effected by a natural disaster, it could be days or weeks before you are allowed to return, but please
PHOTO: FLICKR / DAVE HERHOLZ
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UPCOMING WORKSHOPS Landlord 102 D ATE & TIME SPEAKER PRICE TOPICS
TUESDAY, JULY 8; 6:30 P.M. - 7:30 P.M.
Tori Blanca, CCRM, EBRHA Members: Free; Non-members: $69 Business License and Rent Board Fees, Lease Agreements, Security Deposits, Rent Increases, Notices and more
Landlord 101 D ATE & TIME SPEAKER PRICE TOPICS
TUESDAY, JULY 15; 6:30 P.M. - 7:30 P.M.
Tori Blanca, CCRM, EBRHA Members: $39; Non-members: $69 2014 Rental Housing Laws, Tenant Screening, Evictions, Application Process, Fair Housing and more
Landlord 103 D ATE & TIME SPEAKER PRICE TOPICS
TUESDAY, JULY 22; 6:30 P.M. - 7:30 P.M.
Tori Blanca, CCRM, EBRHA Members: Free; Non-members: $69 Navigating EBRHA.com, Online Form Library, Accessing Leasing Forms, “DIY” Property Management, and more
Fair Housing and the Rental Process Lic. #414359
RESIDENTIAL & COMMERCIAL *Plumbing Repairs *Fixtures Installations
D ATE & TIME SPEAKER PRICE TOPICS
THURSDAY, JULY 24; 6:30 P.M. - 7:30 P.M.
Tori Blanca, CCRM, EBRHA Members: Free; Non-members: $69 Who is Protected?, Disability Issues, Families w/ Children, Occupancy Standards, Advertising Units
*Water Service Replacements *Sewer Diagnostic Videos *Trenchless Sewer Replacements *Automatic Seismic Gas Valves Installations *Drain Cleaning and Diagnostics *Tankless Hot Water Heaters
The Plumber Referred by Your Friends!
Landlord Basics D ATE & TIME SPEAKER PRICE TOPICS
TUESDAY, JULY 29; 6:30 P.M. - 7:30 P.M.
Tori Blanca, CCRM, EBRHA Free to Members and Non-members Tenant Screening, The Application Process, Fair Housing, Measure EE and Rent Control, EBRHA Member Benefits
Online Registration at ebrha.com
All classes and workshops are held at the
Sign up, pay registration fees and receive reminders online.
EBRHA Education Center 360 22nd St., Suite 240 Oakland
RENTAL HOUSING 11
A city like no other deserves a multifamily lender like no other. Lo w F e es | G r eAT rAT es | s T r e A m L i n ed P ro Cess
remember that emergency crews are doing all they can to secure the area (remove live wires, unstable trees, etc.) so you and your neighbors can return as quickly as possible. After the Disaster When the “all clear” has sounded, be very careful who you contract to make repairs or remove debris. It’s a fact that disasters bring out unscrupulous and totally unqualified “contractors” who want to make a fast buck at your expense. Don’t allow yourself to be a victim again. The old saying is that “an ounce of prevention is worth a pound of cure” — and this applies to your business too. There is no time like the present to get ready for what Mother Nature may send your way tomorrow. RH Sandy Glover is the founder and CEO of the Gold Shield Agency, an applicant screening agency. She can be reached at 386-295-6558 or firstname.lastname@example.org. Article reprinted with permission from All Things Property Management, www.buildium.com/blog.
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Contact Ted Levenson, Client Manager at (415) 464-2909 or email@example.com Credit is subject to approval. Rates and programs are subject to change; certain restrictions apply. Products and services provided by JPMorgan Chase Bank, N.A.#1 claim based on 2013 FDIC data. © 2014 JPMorgan Chase & Co. Member FDIC. All rights reserved. PA_14_243
12 RENTAL HOUSING
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WHAT HAPPENS WHEN YOU DON’T ADVERTISE? NOTHING. DON’T HAVE AN AD? WE OFFER COST-EFFECTIVE DESIGN SERVICES. TO ADVERTISE IN RENTAL HOUSING , CONTACT TINA BOCHEFF: TBOCHEFF@EBRHA.COM OR CALL (510) 318-8303.
Introducing the new and improved EBRHA.com
Visit our new site today for: Improved navigation
Pay invoices online
For help and more information, contact 510-893-9873 or firstname.lastname@example.org
From Start to Finish, EBRHA Integrated Leasing
INTRODUCING INTEGRATED LEASING Marketing • Rental rates set using real-time market and comps database • Best-in-class advertisements created using professional photographs • Your property advertised on all major apartment and relocation websites
Leasing • Signed leases, prepaid rent, and security deposits collected for hand-off to owner/manager • Rest easy knowing that we do all the hard work • Your job — collect more income on your valuable asset
Touring • Prospective tenants schedule tours via phone or online • Appointments available 12 hours a day, 7 days a week • Tours conducted by licensed leasing agents, familiar with building and neighborhood
Screening • Prospective tenants screened and qualified using thorough rental application • Employer and previous landlord references checked • Owner/manager approves tenants or leasing staff can select • Applicant notified as early as 24 hours
Save time and make more money by using EBRHA Integrated Leasing
Fills Your Units with High-quality Tenants Faster
What is integrated leasing? Integrated leasing is a turnkey solution that includes marketing, touring, screening and leasing your rental property. Taking into account your property profile and leasing criteria, integrated leasing results in your units being occupied by your ideal tenant faster, and at an optimal rent, saving time and increasing ROI and property values. Why use integrated leasing? Owners use integrated leasing for a variety of reasons. Some owners want to hand-off this portion of their business so they can focus on other aspects, like expanding their portfolios. Others use integrated leasing so they can scale back their involvement, and simply focus on property management or finances. My leasing process seems to be working well. Why change it? In the lifespan of a residential property investment, the factor that owners have the most control over is income, which comes down to effective leasing. Most owners would be shocked to realize they are leaving money on the table: property managers and resident managers have very little incentive to maximize rents, instead targeting a quick and easy process. As a result, owners feel that leasing is simple, even though their leasing process is effectively losing money.
What does it cost? EBRHA offers members the lowest commission in the leasing industry, anywhere from 25 - 90% of one monthâ€™s rent, depending on several factors, including number of units in the portfolio. How will I make more money? Integrated leasing has proven to decrease vacancy downtime by 9-12 days and increase rent by 5% or more. Those who use Integrated Leasing will immediately make higher net income after expenses and achieve significantly higher asset value on their property. How is documentation handled? The entire process is online and streamlined. Applicants are screened with thorough background checks, credit history reports, income verification, and landlord references. All rental forms, property disclosures and leasing documents are processed, making it easy and stress-free for owners and renters. This results in faster leasing, and renters love it. How do I know the status of my unit? Owners have an online dashboard where they can check on the status of their propertyâ€™s leasing process in real-time, including tenant leads, property tours, and the ability to view applications as soon as theyâ€™re complete. Activity is monitored very closely, and users are provided with updates on a regular basis.
For more information, go to www.ebrha.com/leasing
health & safety
Emergency Ready Is your contractor prepared to handle your property in the case of a disaster? BY CLAYTON BARRY
t’s 10 o’clock at night and your phone rings. Your resident manager tells you there was a fire in the laundry room. Everyone is safe, but the entire building is filled with smoke. You find out unit 19 is totally destroyed and there is no electricity. Are you prepared? What will you do? You call your insurance company, and shortly after, you arrive on site. Fire fighters are mopping up the scene. Hallways are flooded from the fire sprinklers. Water drips down the stairs. A board-up company is covering broken windows and doors. How did they get there? Who called them? The Red Cross is on scene. And so are three restoration companies, each wanting to tell you why you should hire them to help with your disaster. Yes, it’s your disaster. It’s just like the ones you have watched on the evening news. In fact, this one will be the lead story for the Late News because one of their camera crews is just lowering the antenna on their truck and are preparing to drive away. 16 RENTAL HOUSING
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The board-up company was called by the fire department. The Red Cross was on site because they monitor emergency radio broadcasts so their volunteers can assist people who may become homeless or have other needs. The restoration companies are there because they also listen to police and fire emergency broadcast channels to improve their chances of signing a contract with you. One or more public adjusters may be on scene to offer their services. Public adjusters serve as commissioned agents who represent you to your insurance company. This scenerio illustrates how a fire or any other disaster in an apartment building can be a bedlam of activity. Are you ready? Very few property owners are are. Creating a Plan Before any disaster occurs, such as a fire or flood, you should develop an Emergency Ready Plan (ERP) for your building. In preparing an ERP, you could meet with your insurance agent
to review your policy. Be sure coverage is adequate. You should find out if your insurance company has a relationship with trustworthy restoration or construction vendor that you could use. Remember that you always have the legal right to use your own. Your insurance agent should be able to provide you with a great deal of preparedness information. Meeting New Contractors You can also meet with a restoration company or general contractor on-site. It is important to make sure the company or contractor is familiar with disaster work. During your meeting, discuss the contractor’s response times, working arrangements and experience. If you feel comfortable with them, have them tour your property. That way, if something bad happens, they will be better prepared to help you in your time of need. It’s good to know that a few restoration companies offer ERP consultations and ERP plans for business and property owners free of charge. Once you have gathered information and resources, you should have a conversation with your resident manager and maintenance personnel about what to do when a disaster occurs. Have a documented plan of action for all of your team members to follow. The most important rule is that life and safety comes first. If a disaster strikes your property, it will definitely be a shock and it will be challenging. However, if you have a measure of preparation in place, you will reduce the stress and expedite the recovery. Additional resources for disaster preparedness information include California Emergency Management Agency (CEMA) and the Federal Emergency Management Agency (FEMA). Both have websites that provide a wealth of information for property owners and businesses for isolated disasters, not just large regional events. RH Clayton Barry is a general contractor and Partner at SERVPRO of San Leandro and Belmont/ San Carlos. He has more than 30 years experience serving property owners and managers in the East Bay. He can be reached at 510-3522480 or email@example.com.
PHOTO: U.S. ARMY CORPS OF ENGINEERS / JEFFREY HENON
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Nik Bhachu 510-649-3380 www.msbmanagement.com
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Susan Giaquinto 415-566-1479 www.greatescapeinc.com
For our complete list of Industry Partners, see the Member Directory found on page 38 or the online Buyers Guide & Business Directory at www.ebrha.com/directory
East Bay Rental Housing Association 360 22nd Street, Suite 240 Oakland, CA 94612 510.893.9873 | FAX 510.893.2906 ebrha.com TEL
RENTAL HOUSING 17
A MODEL OF
PRESERVATION AND RESILIENCE Berkeley prepares for an earthquake by mandating retrofits of soft story buildings. BY JENNY MCNULTY
PHOTO: JENNY MCNULTY
With the risks we face as a city lying on the Hayward fault, we have taken a deep look at our building stock and chosen to address the weaknesses in soft story buildings as a high priority to preserve housing and maintain a resilient city,” explained Alex Roshal, Berkeley building official. Buildings with a soft, weak or open front (SWOF) condition, also referred to as “soft story,” are characterized as wood-frame buildings with more than one story and large openings on the ground floor, typically for tuck-under parking, garage doors or large windows in retail spaces. While these buildings can support loads from gravity, they are vulnerable to collapse in an earthquake because they lack solid walls or other lateral load resisting systems such as steel walls or shear frames. Lateral loads refer to forces such as seismic movement or wind pressure that could cause a structure to drift or slide. In the event of an earthquake, forces generated from the weight of the roof and upper levels are unable to be safely transferred to the foundation. About 200 soft-story buildings were severely damaged or destroyed in the 1994 Northridge earthquake in Los Angeles. Those included the Northridge Meadows apartment complex, which had a partial ground floor carport, and killed 16 people in first floor apartments when it fell. During the 1989 Loma Prieta earthquake, a number of multi-unit, wood-frame soft-story buildings in the San Francisco Marina district either collapsed or were heavily damaged. Addressing Risks in Berkeley Berkeley first began to address the risks of SWOF buildings in 1996, by creating an inventory of potentially hazardous SWOF buildings based on a ebrha.com
RENTAL HOUSING 21
when the owner takes a cash-out refinancing for purposes other than structural or maintenance-related repairs. New owners can take advantage of a tax benefit when retrofitting. The City of Berkeley offers a rebate for 1/3 of the transfer tax for seismic retrofits available to new owners within one year of purchasing a residential building, another innovative seismic policy which has spurred a considerable number of owners to retrofit their properties, particularly single-family homes. During Phase I, from the original inventory of 321 buildings, 112 were retrofitted and 51 were removed due to reconsideration, either because they did not have five residential units or were able to prove they did not have a SWOF condition. When the mandatory retrofit requirement went into effect in January 2014, 158 buildings remained on the inventory, containing 1,611 residential units — fewer than half the original list. As of May, 2014, following continued efforts by the City and by property owners to retrofit and comply with the law, just 144 buildings remained on the inventory. “I am pleased with the level of voluntary compliance with Phase I and look forward to finishing the improvements to public safety with the new mandatory requirements,” commented Eric Angstadt, Director of Planning for the City of Berkeley.
“BERKELEY’S SOFT STORY ORDINANCE HAS SERVED AS A MODEL FOR A NUMBER OF OTHER CITIES, INCLUDING SAN FRANCISCO AND SANTA MONICA. THESE CITIES HAVE BEEN ABLE TO LEARN FROM BERKELEY’S RESEARCH AND EXPERIENCE WITH DRAFTING AND IMPLEMENTING A NEW LAW.” street by street visual assessment. The list was further refined during a follow up study in 2001, which established an inventory of 321 wood-framed multi-unit residential buildings with a SWOF condition, permitted for construction prior to 1978. The building code was changed in 1978 to require higher seismic standards preventing soft-story weaknesses in wood frame multistory buildings. Berkeley then passed the soft story ordinance in 2005, an innovative law encouraging owners to correct the seismic vulnerabilities in their buildings. The law required owners of buildings on the inventory to submit an engineering evaluation report analyzing the building’s weaknesses and identifying how they could be strengthened. The City recorded a notice of inclusion on the title report for each building on the inventory. Owners were required to post earthquake warning signs in the building and notify tenants that the building “is on the City of Berkeley’s inventory of potentially hazardous buildings containing a soft, weak or open front ground floor and may constitute a severe threat to life safety in the event of an earthquake of moderate to high magnitude.” These provisions were created by adding Chapter 19.39 to the Berkeley Municipal Code. The building official could add buildings to the inventory at any time. Phase II of the Ordinance This year, Berkeley entered Phase II of its soft story program, making seismic retrofits mandatory as of January 2014. Owners have until the end of 2016 to submit a building permit and must complete the work within two years of submitting their permit application. In certain cases, these deadlines are accelerated to six months and 18 months respectively. These include: when the building is sold or the title transferred (excluding inheritance or transfer to a spouse/domestic partner); when there is a major remodel; or 22 RENTAL HOUSING
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Retrofit Costs and Requirements An important study of Phase I by Sharyl Rabinovici found that “Soft story buildings are a real life safety concern and the high probability of collapse or of not being usable for many months or years makes them a serious issue for community character, economic stability and recovery capacity. Economic resiliency of the community and housing stock stability were also important factors — collapsed buildings would probably lead to blight, loss of affordable housing and loss of community continuity.” In 2009, the Berkeley Rent Board did a study of the cost to retrofit and found an average cost per unit of $3,280. The study looked at 48 Berkeley projects and was based on the valuation submitted as part of the permit application. Buildings include a significant diversity in construction methods and materials, so the costs to retrofit can vary considerably. The law requires that retrofits meet minimum engineering standards to prevent collapse, so tenants may vacate the building in the event of an earthquake. The retrofit provisions are not equivalent to new construction under the current Building Code. The goal is to reduce the risk by addressing the principal seismic weaknesses in the critical story of a SWOF building, limiting potential structural damage while minimizing design effort, construction cost and tenant disruption. Owners may retrofit to a higher standard to increase the likelihood the building
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Berkeley Soft Story Program BY JENNY MCNULTY
In January 2014, Berkeley began Phase II of its Soft Story program, mandating seismic retrofits. As a result of the ground-breaking 2005 Soft Story ordinance which encouraged voluntary compliance, more than half the buildings on the original inventory have already been retrofitted or removed from the list. Below are some of the benefits and provisions of the program. Community Benefits • Increased safety • Increase quality and resiliency of housing stock • Less need for city services during and post earthquake • Policy innovation and spread of the policy approach beyond Berkeley’s borders
Key Provisions • Mandatory retrofit • Listed on title • Notification of tenants and prospective tenants • Posting of earthquake warning signs
Oakland Seismic Retrofit Update BY RICK PHILIPS
Several EBRHA Board members are participating in a City of Oakland working group to develop an ordinance to encourage the seismic retrofit of the 1,400 most dangerous apartment buildings in Oakland. These buildings were identified several years ago as “SoftStory, 5 or more units.” While a 1-4 unit building in Oakland will likely not be affected by this particular ordinance, EBRHA encourages owners of those buildings to investigate improvements that will prevent loss of life and damage to your building. If you were notified by Oakland several years ago about your building, please stay tuned. EBRHA strongly urges property owners to move forward with this work. Time is almost up and an earthquake can strike at any moment. EBRHA represents members in developing incentives, both financial and regulatory, to make it worthwhile to strengthen your building. If you have experience in seismic retrofit work on your rental property, please contact Rick Philips at firstname.lastname@example.org. 24 RENTAL HOUSING
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will remain habitable following a major earthquake. If the owner fails to perform the seismic retrofit work or comply with tenant notification requirements, the building official may declare the building a public nuisance and initiate abatement procedures. Municipal Code enforcement options include issuing citations, placing liens, summary abatement and court appointed receivership. A Model Ordinance Berkeley’s soft story ordinance has served as a model for a number of other cities, including San Francisco and Santa Monica. These cities have been able to learn from Berkeley’s research and experience with drafting and implementing a new law. “There are many insights into everything that Berkeley established and the experiences of their residents — both owner and tenant,” said Ron Takiguchi, Santa Monica building official. What’s Next for Berkeley? Berkeley’s current law does not apply to soft, weak or open front buildings with 2-4 residential units, commercial buildings or residential transient and group living facilities, such as motels. As progress continues on covered residential buildings, these buildings may be considered for future enforcement efforts seeking to increase safety in the event of a much dreaded catastrophic earthquake. Berkeley will also be accelerating its efforts to advance community resilience, with a three-year grant from the Rockefeller Foundation. The Rockefeller Foundation committed $100 million to 100 cities worldwide and selected Berkeley as one of 32 inaugural members of the 100 Resilient Cities network. Berkeley was selected because of its innovative seismic policy-making and the considerable risks presented by the Hayward Fault. For more information, go to: www. cityofberkeley.info/softstory. RH Jenny McNulty is a Program and Administration Manager in the Building and Safety Division at the City of Berkeley. She manages Berkeley’s Soft Story Program and helped develop mandatory retrofit requirements in 2013. She can be reached at 510-981-7451 or jmcnulty@ ci.berkeley.ca.us.
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Warranty of Habitability
Knowledge is your first defense against tenant complaints of habitability issues. BY CLIFFORD FRIED
n response to an eviction action, many tenants raise an affirmative defense claiming that the landlord has breached the warranty to provide a habitable premise. But most of the time, there has been no breach of the warranty of habitability that would entitle the tenant to a rent reduction or a defense to the eviction action.
The Implied Warranty of Habitability
PHOTO: FLICKR / ERICH FERDINAND
Every residential rental agreement in California, even those involving rental units in Berkeley, contains an implied warranty of habitability. In other words, the landlord warrants that the premises is in fact habitable. In the landmark case of Green v. Superior Court, it was held that a tenant who is defending an unlawful detainer for nonpayment of rent may raise the landlordâ€™s breach of the warranty as a defense. The conditions covered by the warranty of habitability are enumerated in either Civil Code Section 1941.1 or the applicable local housing and building codes.
What is a Breach of the Warranty of Habitability?
Contrary to what tenants and their advocates would have us believe, the existence of a prohibited (uninhabitable) condition or other noncompliance with applicable code standards does not necessarily constitute a breach of the warranty of habitability. Both case and statutory law impose additional requirements before breach of the warranty of habitability can be a defense to an unlawful detainer action. In response to an eviction action, most tenants point to a few minor problems at the premises that have existed for a relatively short ebrha.com
RENTAL HOUSING 27
city’s housing code, as well as a “Notice of Condemnation” declaring the premises in question “unsafe” and a “public nuisance”. In order to establish a breach of the warranty of habitability, the tenant must also give notice of alleged defects to the landlord. A landlord has no right or duty to do regular inspections of the premises. If the tenant never tells the landlord of the problem, the landlord has nothing to repair. In order to establish a breach of the warranty of habitability, the tenant must allow a reasonable amount of time to make repairs after giving notice to the landlord of the alleged defects. This is consistent with the notion that due process require not only notice, but also a reasonable opportunity to respond before there can be liability. The tenant must not be the cause of the defect or noncompliance. It is the tenant’s obligation to repair deteriorations and injuries to the premises caused by his or her own “want of ordinary care.” The concept that one cannot benefit from one’s own wrong comes from contract law and is applicable to the habitability defense. A landlord has not breached the warranty of habitability where the tenant has (1) failed to keep the premises clean and sanitary, (2) failed to dispose of all rubbish, garbage and other waste in a clean and sanitary manner, (3) failed to operate all electrical, gas, and plumbing fixtures and keep them as clean and sanitary, or (4) willfully and wantonly destroyed, defaced, damaged, impaired or removed parts of the rental unit or where the tenant has caused defects and damage due to the tenant’s own acts or neglect.
“In order to establish a breach of the warranty of habitability, the tenant must also give notice of alleged defects to the landlord. A landlord has no right or duty to do regular inspections of the premises. If the tenant never tells the landlord of the problem, the landlord has nothing to repair.” period of time. These problems do not mean that the landlord actually breached the implied warranty of habitability. In order for there to be a breach of the warranty of habitability, the tenant must show that there is a substantial defect at the premises. This is true because a landlord is only required to maintain “bare living requirements.” In a footnote in the Green v. Superior Court decision, the Supreme Court of California gave an indication of the scope of the warranty: “In a modern society one cannot be expected to live in a multi-storied apartment building without heat, hot water, garbage disposal or elevator service. Failure to supply such things is a breach of the implied covenant of habitability. Malfunction of venetian blinds, water leaks, wall cracks, lack of painting, at least of the magnitude presented here, go to what may be called “amenities.” Living with lack of painting, waterleaks and defective venetian blinds may be unpleasant, aesthetically unsatisfying, but does not come within the category of uninhabitability. Such things will not be considered in diminution of the rent.”
Establishing Breach of Warranty of Habitability
The tenant must show substantial noncompliance with applicable code standards which materially affect health and safety. A minor violation of the applicable building and housing standards do not constitute a breach of the warranty of habitability and will not entitle the tenant to a reduction in rent. Nonsubstantial defects and noncompliance with codes are tolerated by the law because the warranty of habitability does not require that a landlord make the premises in a perfect, aesthetically pleasing condition. Whether there has been a breach of the warranty of habitability is a factual determination to be made on case-bycase basis. There is one published decision in which the court found no breach of the warranty of habitability despite city inspection reports detailing some 40 separate violations of the 28 RENTAL HOUSING
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In most cases where the tenant has raised the defense of habitability, the defense fails. Since it is an affirmative defense, the tenant bears the burden of producing evidence of a breach of the warranty of habitability, and, ultimately the burden of proving the existence of the breach by a preponderance of the evidence. Most tenants cannot meet their burden of proof and the landlord prevails in the eviction lawsuit. So why does the tenant bother to raise the defense in their answer to the complaint? First, they might have a slim chance of meeting their burden of proof. Second, it is something to argue about and hopefully reach a settlement. RH
Clifford Fried is a real estate attorney with Fried & Williams LLP. He has expertise in landlord-tenant law, eviction and rent control matters in Oakland and the Bay Area. He can be reached at 510-625-0100 or www. friedwilliams.com
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in an eviction controlled unit can generally replace a departing tenant with a subtenant. Under these circumstances, the landlord cannot unreasonably withhold consent even when there is a lease provision to the contrary. Tenant Obligated to Maintain the Habitability of the Rented Unit. A landlord must deliver the rental unit in a condition fit for residential occupation and must repair all subsequent dilapidations which render the unit untenantable. Property owners should be careful to avoid illegal This requirement cannot be waived. So lease provisions shifting this obligation or language in lease agreements. BY STEVE WILLIAMS contradicting it are generally unenforceable. Shared Utilities With Other Tenants in the Building. In an Oakland rent controlled unit, when more than one rental unit shares any type of utility bill with another rental unit, it is illegal to divide the bill between units. In other words, each tenant must be separately billed for the utility. A landlord cannot require tenants to share utility bills. Other provisions may be enforceable on their face, but may become unenforceable under certain circumstances. For example, a tenant with a disability is entitled to a reasonable accommodation for that disability, which may require a landlord to make exceptions to lease It is illegal to require tenants to share utility bills provisions. A common example of this is that a landlord may have to permit a tenAre there any provisions that Tenancy Terminates at End of Lease. ant to have a service or comfort animal are prohibited in a lease agreeMany landlords believe that when the as an accommodation for a disability ment? I want to create some of my lease is up, the tenancy terminates and notwithstanding a strict pet prohibition own rules and clauses, but I don’t the tenant must move. Leases may in the lease. want to break any laws. contain such provisions. However, in an There are many things you must Oakland eviction-controlled unit, the consider when preparing a new lease. You This is a very broad question with tenancy cannot be terminated without should consult with a landlord-tenant endless answers. But in general, just cause. And the lease expiration is attorney to determine which provisions you cannot rent a unit for an illegal not just cause for eviction. So in such you would like to include in a lease and purpose or require the tenant to do situations, the tenancy whether or not you can anything that violates the law. Tenants continues on a month-to“There are many include and enforce have many legal rights, many of which month basis. things to consider them. cannot be waived. And in a rent and Absolute Prohibition when preparing —STEVE WILLIAMS RH eviction controlled jurisdiction such as Against Subletting. While a new lease. You Oakland, tenants have even more legal it is not uncommon should consult with information contained rights. Any lease provisions that require for a lease to contain a an attorney to deter- The in this article is general in a tenant to do something that contraprovision prohibiting mine which provinature. Consult the advice of an attorney for any specific dicts these rights is unenforceable. or restricting subletting, sion you would like problem. Steve Williams Here are some common examples of the provision may not to include in a lease is an attorney with Fried & potentially unenforceable provisions in be enforceable under and whether or not Williams LLP and can be reached at 510-625-0100 or an Oakland rent and eviction controlled certain circumstances. you can include and www.friedwilliams.com. tenancy: For instance, the tenant enforce them.”
32 RENTAL HOUSING
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THE POLITICAL EFFORTS OF EBRHA COME FROM ITS POLITICAL ACTION COMMITTEE. The EBRHA-PAC is a nonprofit and nonpartisan committee, the purpose of which is to support local ballot measures and candidates that have a positive impact on the rental housing industry. TO GET INVOLVED OR TO DONATE TO THE EBRHA-PAC, CONTACT: NEWS@EBRHA.COM OR VISIT EBRHA.COM/PAC
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34 RENTAL HOUSING
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community calendar EVENTS & CLASSES
august Note: No Landlord series, member meeting or Women’s Auxiliary in August.
FRIDAY, JULY 4
EBRHA Office Closed TUESDAY, JULY 8
Landlord 102 Tori Blanca, CCRM, EBRHA Members: Free; Non-Members: $69 6:30 p.m. – 7:30 p.m.
THURSDAY, AUGUST 7
Landlord Basics Tori Blanca, CCRM, EBRHA Free to Member and Non-members 2:00 p.m. – 3:30 p.m.
THURSDAY, JULY 10
Renovation, Repair and Painting Course
• This EPA-accredited training course will certify workers as required under the new law for anyone who disturbs leadcoated surfaces during repair or renovation of pre-1978 housing.
• This 8-hour course was designed to train contractors who
perform building renovations, repairs or painting, and how to work safely and comply with the EPA regulations. The course addresses health concerns, regulations, before, during and after work procedures, as well as record-keeping and training noncertified workers.
• The class consists of a presentation of the new RRP regulations and hands-on student participation. There is an exam at the end of the course and students must pass at 70%. Instructor: Richard MacFarlane, Benchmark Environmental Engineering Members: $250; Non-Members: $279; Limited seating. Registration deadline is Friday, June 27; Register at www.ebrha.com 8:00 a.m. – 5:00 p.m. TUESDAY, JULY 15
Landlord 101 Tori Blanca, EBRHA, CCRM Members: Free; Non-Members: $69 6:30 p.m. – 7:30 p.m. THURSDAY, JULY 17
Illegal Units, Habitability Issues and Illegal Activity Daniel Riley, Law Offices of Daniel Riley Members: Free; Non-Members: $69 2:00 p.m. – 3:30 p.m. SATURDAY, JULY 19
Saturday Morning Coffee Hour (Members only) Topic: Legal Q&A by Michael Shepherd, The Shepherd Law Group 10:00 a.m. – 11:00 a.m. TUESDAY, JULY 22
Landlord 103 Tori Blanca, EBRHA, CCRM Members: Free; Non-Members: $69 6:30 p.m. – 7:30 p.m. THURSDAY, JULY 24
Fair Housing and the Rental Process Tori Blanca, CCRM, EBRHA Members: Free; Non-Members: $69 6:30 p.m. – 7:30 p.m. TUESDAY, JULY 29
Landlord Basics Tori Blanca, CCRM, EBRHA Free to Member and Non-members 6:30 p.m. – 7:30 p.m.
*Members: $39; Non-members: $69. Mandatory prepayment required; 72 hour cancellation; No Refunds on no shows; Seats fill fast, register in advance! To register and pay, visit ebrha.com/education or call (510) 893-9873. Unless otherwise noted, all classes and events are held at the EBRHA Education Center, 360 22nd St., Suite 240, Oakland 36 RENTAL HOUSING
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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
2014-15 (1.9%) A CPI increase of 1.9% became effective on July 1, 2014. 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.
AM O U N T ( % )
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 JUNE 1 ‘03 - MAY 31 ‘04. . . . . . . . . . 3.6 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
(Improvement Costs ÷ Number of Units) 60 months or 5 years REFER TO ORDINANCE FOR QUALIFICATIONS AND AMORTIZATION PERIODS.
Berkeley RENT STABILIZATION BOARD FEES
Annual fees are $194 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. 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% DEC. 2004. . . . . . . . . . . . . . . . . . . 1.6%
ANNUAL ALLOWABLE RENT INCREASE
2014 (1.7%) 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.
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% 2002*. . . . . . . . . . . . 3.5% (NOT TO EXCEED $30) *ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.
FOR FURTHER INFORMATION CONTACT:
DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3% DEC. 2010. . . . . . . . . . . . . . . . . . . 0.4%
Berkeley Rent Board 2125 Milvia Street Berkeley, CA 94704 510.981.7368 | www.ci.berkeley.ca.us/rent ebrha.com
RENTAL HOUSING 37
member directory — CONTACTS, PRODUCTS & SERVICES ABATEMENT SERVICES
Environmental Remedies, Inc. Jaime Tamayo 925-519-6354 www.environmentalremedies.com 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
The Lee Accountancy Group, Inc. Jong H. Lee, CPA 510-836-7400 firstname.lastname@example.org 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 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 Association of Realtors Patricia Bouie Hinds 510-836-3000 www.oar.org Oakland Chamber of Commerce Joseph Haraburda 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.bkjf.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com 38 RENTAL HOUSING
| JULY 2014 |
Law Offices of Daniel Riley Daniel Riley 415-823-6129 email@example.com Law Offices of Elaine Lee Elaine Lee 510-848-9528 www.elaineleeattorney.com Law Offices of Leon H. Rountree III Leon H. Rountree III 510-343-6299 www.leonrountree.com Law Offices of Marc L. TerBeek Susy Meyer 510-689-0140 www.terbeeklaw.com Matthew Quiring - Attorney at Law 510-225-1345 firstname.lastname@example.org Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Ed Nagy 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com ATTORNEYS - LAND USE/CONDO CONVERSION
Law Offices of Daniel Riley Daniel Riley 415-823-6129 email@example.com Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Law Offices of Marc L. TerBeek Susy Meyer 510-689-0140 www.terbeeklaw.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.bkjf.com Burnham & Brown Jack Schwartz 510-444-6800 www.burnhambrown.com Ericksen Arbuthnot Jason Mauck 510-832-7770 www.ericksenarbuthnot.com Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Law Offices of Marc L. TerBeek Susy Meyer 510-689-0140 www.terbeeklaw.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 firstname.lastname@example.org Chase Commercial Ted Levenson 415-945-5430 email@example.com Chase Commercial Neil O’Callaghan 415-315-8901 firstname.lastname@example.org Cooperative Center Federal Credit Union Chris Perez 510-647-2127 email@example.com First Federal Savings & Loan Assoc. Anthony Moreno 415-460-2657 www.ffsavings.com First Republic Bank Jeff Fung 510-336-3907 www.firstrepublic.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 Brian Esquivel 415-433-4145 www.northmarq.com Opus Bank William Craun 925-648-5915 www.opusbank.com Torrey Pines Bank Mike Popovich 510-899-7548 firstname.lastname@example.org 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 KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.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
Cleaner Carpets Ron Russell 510-522-1344
email@example.com CODE COMPLIANCE/CONDO CONVERSION
Armstrong Development Barbara Armstrong 510-337-1998 firstname.lastname@example.org 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 Bayside Building Services & Pest Elimination Helmut Tutass 510-717-3506 email@example.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 Smart Building, Inc. Sheryl Dron 510-444-7678 www.getsmartbuilding.com SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com Vasona Construction, Inc. Dan Scharnow 510-413-0091, x203 www.vasonaconstruction.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 SERVPRO of San Leandro Clayton Barry 510-352-2480 www.servprosanleandro.com 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 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 ENERGY RETAILER
AXA Corporation Purie Infante 415-740-6178 www.axacorp.joinambit.com FINANCIAL PLANNING
David White & Associates Miguel Delgado 925-277-2635 www.dwassociates.com FIRE ESCAPE SERVICE
Great Escape Susan Giaquinto 415-566-1479 www.greatescapeinc.com FIRE PROTECTION
Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com Statcomm Inc. Cherie Anderson 650-988-9508 www.statcomm.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 GARAGE DOORS
R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com GLASS & GLAZING
ALBA’s Glass Ben Moazeni 510-644-2522 www.albaglass.com
Housing Authority of the City of Alameda Mike Pucci 510-747-4325 www.alamedahsg.org Oakland Housing Authority Leased Housing 510-874-1500 www.oakha.org GREEN BUILDING
Going Green Dan Antonioli 510-652-7593 www.going-green.co Smart Building, Inc. Sheryl Dron 510-444-7678 www.getsmartbuilding.com GUTTER CLEANING
Mr. Sparkle Dylan Kelly 510-504-7048 www.mrsparkle.biz HANDYMAN SERVICES
Bayside Building Services & Pest Elimination Helmut Tutass 510-717-3506 firstname.lastname@example.org Halcyon Properties Roger Shane 510-847-7075 email@example.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey 510-727-9128 firstname.lastname@example.org HAULING SERVICES
KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com HEATING & AIR CONDITIONING
Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Black Diamond Mechanical Robert Lopez 510-522-4196 email@example.com Hassler Heating & Air Conditioning Mike Hassler 510-848-3030 www.hasslerheating.com INSPECTIONS
SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com INSULATION
Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com ebrha.com
RENTAL HOUSING 39
Capital Insurance Group John Reynoso 1-800-682-9255, x7519 firstname.lastname@example.org Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.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.email@example.com Ruben Leon - Farmers Insurance Group Ruben Leon 510-525-6540 firstname.lastname@example.org 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 Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com Sound Communication Systems Jerry Dean 510-595-8111 email@example.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 Carlos Barraza 510-429-0900, x54435 www.coinmach.com Alameda County Healthy Homes Dept. Julie Twichell 510-567-8252 www.aclppp.org LEASING
Agent Access – Bay Area Fredric Harper-Cotton 510-689-4048 www.agentaccessba.com
| JULY 2014 |
Trulia Pierre Calzadilla 415-400-7260 www.trulia.com/rent 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 firstname.lastname@example.org Rex Key and Security Joe Towbis 510-527-7000 www.rexkey.com PAINT SUPPLIERS
Dunn-Edwards Paints Megan Mutimer 415-755-0685 www.dunnedwards.com PEST & VECTOR CONTROL
Alameda Co. Dept. of Environmental Health Vector Control Services Daniel Wilson 510-567-6826 email@example.com 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 Pacific Drain & Rooter Service Nasir Jalil 510-452-4606 firstname.lastname@example.org Roto-Rooter Martin Alvarez 510-755-1262 email@example.com PROMOTIONAL PRODUCTS
LEAD, MOLD & PEST MANAGEMENT
40 RENTAL HOUSING
RentMethod Greg Sirotek 415-335-6814 www.rentmethod.com
Aspire Business Consulting Natalie Koffler 510-919-0914 www.aspirebizconsult.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 SUPPLIES
Ferguson Enterprises, Inc. Jermane Griffin 916-752-7608 firstname.lastname@example.org Wilmar Nick Mraz 800-345-3000 www.wilmar.com PROPERTY MANAGEMENT
Advent Properties, Inc. Benjamin Scott 510-250-7918 www.adventpropertiesinc.com Bay Property Group Robert Goldman 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner 510-428-1864 www.beaconprop.com Caldecott Property Management Services Ronald Reece 510-594-2400, x226 www.caldecott.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com 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 MSB Property Management Nik Bhachu 510-649-3380 www.msbmanagement.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 Liz Hart 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 PROPERTY MANAGEMENT SOFTWARE
Buildium Sam Clarke 888-414-1933 x152 email@example.com REAL ESTATE BROKERS & AGENTS
Advent Properties, Inc. Benjamin Scott 510-250-7918 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 firstname.lastname@example.org 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 email@example.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 firstname.lastname@example.org Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com RECYCLING/REUSE
DR3 Mattress Recycling Robert Jaco 510-798-3734 www.mattressrecycling.us RENT CONTROL CONSULTANTS
Alan K. Beales 510-339-9776 Bay Area Property Group Cristian Villarreal 510-474-7404 email@example.com Edrington & Associates Steven Edrington 510-749-4880 firstname.lastname@example.org RENTAL SERVICES
Cal Rentals Elaine Perkins 510-642-3644 www.calrentals.housing.berkeley.edu Hamilton Properties Bay Area Delesha Hamilton 404-606-2141 www.hamiltonpropertiesbayarea.com ROOFERS
A-One Construction Dirksen Rogers 408-690-0890 www.a-oneconstruction.com Fidelity Roof Company Steve Parry 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 SECURITY/SURVEILLANCE
Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Golden Gate Locksmith Co Ralph Scott 510-654-2677 email@example.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com 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
Earthquake & Structures, Inc. B.K. Paul 510-601-1065 www.esiengineers.com TENANT SCREENING SERVICE
Contemporary Information Corp. (CIC) Dan Firestone 888-232-3822 www.continfo.com TOWING SERVICE
Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com 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 WASTE & WASTE HANDLING EQUIPMENT
DR3 Mattress Recycling Robert Jaco 510-798-3734 www.mattressrecycling.us Waste Management Company David Tucker 510-430-8509 www.wastemanagement.com WATER MANAGEMENT
HydroPoint Colleen Moore 415-602-6984 cell firstname.lastname@example.org WELDING - STRUCTURAL & ORNAMENTAL
Vidrio Enterprises Jessie James Vidrio 510-453-8052 email@example.com WINDOW WASHING
Mr. Sparkle Dylan Kelly 510-504-7048 www.mrsparkle.biz WINDOWS
Advanced Home Energy Shira Henry 510-540-4860 www.advancedhomeenergy.com ALBA’s Glass Ben Moazeni 510-644-2522 www.albaglass.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com ebrha.com
RENTAL HOUSING 41
PRODUCTS & SERVICES
EAST BAY RENTAL HOUSING ASSOCIATION
Membership Application for Property Owners and Managers
Environmental Remedies. . . . . . . . . . . . . . . 25 P.W. Stephens. . . . . . . . . . . . . . . . . . . . . . . . . 33 APPLIANCE PARTS & SALES
Appliance Parts Distributor. . . . . . . . . . . . . . 3
JOIN TODAY AND RECEIVE BENEFITS SUCH AS:
FREE RENTAL FORMS
MONTHLY MEMBERSHIP MEETINGS
Bornstein & Bornstein. . . . . . . . . . . . . . . . . . 31
The Evictors. . . . . . . . . . . . . . . . . . . . . . . . . . 29
Fried & Williams LLP. . . . . . . . . . . . . . . . . . . 23
FREE SUBSCRIPTION TO RENTAL HOUSING MAGAZINE
The Shepherd Law Group . . . . . . . . . . . . . . 35
Urban Ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
CARPETING & FLOORING
SEMINARS & WORKSHOPS
Bay Area Contract Carpets, Inc.. . . . . . . . . 30
TENANT SCREENING SERVICE
KMK Construction. . . . . . . . . . . . . . . . . . . . . 33 West Coast Premier Construction. . . . . . . 29 NAME
Adobe Soil & Structures. . . . . . . . . . . . . . . . 31 COMPANY
Earthquake and Structures, Inc.. . . . . . . . . 19 West Coast Premier Construction. . . . . . . 29
CIG Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Jain Williams - State Farm. . . . . . . . . . . . . . 33 LENDERS
JPMorgan Chase Bank. . . . . . . . . . . . . . . . . 12 Torrey Pines Bank . . . . . . . . . . . . . . . . . . . . . . 11
RENTAL PROPERTY LOCATION
LOCKSMITH EVICTION SERVICES
ANNUAL MEMBERSHIP DUES (TAX DEDUCTIBLE):
Golden Gate Locksmith Co. . . . . . . . . . . . . 29
1-2 UNITS = $249.00
3-4 UNITS = $269.00
5-8 UNITS = $289.00
Team Too. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
9-16 UNITS = $299.00
17+ UNITS = $299.00 + $5.00 PER UNIT
CHECK (PAYABLE TO EBRHA)
Albert Nahman Plumbing . . . . . . . . . . . . . . . 11
PROPERTY MANAGEMENT AMERICAN EXPRESS
Maisel Property Management. . . . . . . . . . . 33 PROPERTY MANAGEMENT & SALES
Bay Property Group . . . . . . . . . . . . . . . . . . . 31 Beacon Properties. . . . . . . . . . . . . . . . . . . . . 29 ROOFING SERVICES
NAME ON CARD
Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 25 General Roofing Co. . . . . . . . . . . . . . . . . . . . 35
DETACH THIS FORM AND FAX OR MAIL TO THE ADDRESS BELOW East Bay Rental Housing Association
Applied Waterproofing Systems . . . . . . . . 35
Oakland, CA 94612
WINDOWS, DOORS & SIDING
510.893.9873 | FAX 510.893.2906
| JULY 2014 |
Sentry Alert. . . . . . . . . . . . . . . . . . . . . . . . . . 30
360 22nd Street, Suite 240
42 RENTAL HOUSING
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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