Rental Housing - October 2018

Rental

Housing EAST BAY RENTAL HOUSING ASSOCIATION | OCTOBER 2018

JOIN THE FIGHT!

If passed this November, FOUR harmful and expensive ballot measures will impact the entire rental community. Learn how to protect your property as well as homeowner rights.

PLUS: OF POT & PROPERTY PREVENTING HABITABILITY PROBLEMS

VOTE

NO

Contents

East Bay Rental Housing Association Volume XV, Number 10 | October 2018

OCTOBER 2018

EBRHA OFFICE

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

510.893.9873 |

fax

510.893.2906

www.ebrha.com EBRHA STAFF

Tina Bocheff | tbocheff@ebrha.com | 510.318.8305 ASSOCIATION EXECUTIVE

Rae Schindler | rschindler@ebrha.com | 510.344.6646 MEMBER ENGAGEMENT & EDUCATION COORDINATOR

Erica Yarbrough | eyarbrough@ebrha.com | 510.318.8304 MEMBER ENGAGEMENT & MARKETING COORDINATOR

Sue Larsen | slarsen@ebrha.com | 510.318.8302 ACCOUNTING EBRHA OFFICERS

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Of Pot & Property

Preparing for Rent Board Battle!

BY STEVEN WILLIAMS

BY LIZ HART

PRESIDENT Wayne C. Rowland FIRST VICE PRESIDENT Luke Blacklidge SECOND VICE PRESIDENT Irina Gelfenbeyn CHAIR, POLITICAL ACTION COMMITTEE Rick Philips SECRETARY Nathan Durham-Hammer TREASURER Jason Russell EBRHA DIRECTORS

Symon Chang, Jacqueline Jacobs, Brent Kernan, Carmen Madden, Arcola Moore, Fred Morse, Conor Murphy, Joshua Polston, Jack Schwartz, Judy Shaw, Carlon Tanner

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PUBLISHED BY

East Bay Rental Housing Association PUBLISHER

Wayne C. Rowland

Preventing Habitability Problems

MANAGING EDITOR Tina Bocheff ADVERTISING

Tina Bocheff | 510.318.8305

BY SUSAN SPOTT

Features & Columns 4

LETTER FROM THE ASSOCIATION EXECUTIVE

EBRHA Member Involvement Needed More Than Ever to Fight Flawed Local & State Proposals

BY TINA BOCHEFF

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ESQ&A

Beyond Normal Wear & Tear

BY JASON MAUCK

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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.

Events & Directory 28 COMMUNITY CALENDAR 30 V ENDOR DIRECTORY 34 M EMBERSHIP INFORMATION 34 A D INDEX

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 © 2018 by EBRHA. All rights reserved.

THIS NOVEMBER, FOUR HARMFUL AND EXPENSIVE BALLOT MEASURES THREATEN TO WORSEN THE HOUSING SHORTAGE AND PUT YOUR FUTURE AT RISK. Statewide: Proposition 10, the so-called “Affordable Housing Act”: Repeals Costa-Hawkins Rental Housing Act Subjects single-family homes, condos and units built after 1995 to rent control Creates potential for different rent control rules in 482 cities across the state Requires a new vote of the people to correct even obvious flaws

Oakland: Measure Y - Remove Protections for Small Property Owners:

Removes 2 and 3-unit owner-occupied exemption from Just Cause ordinance (Measure EE) Subjects owners to expensive legal battles just to have peace at home Pushes owners to remove properties from rental market, shrinking housing supply Grants city council new authority to add eviction defenses, making it harder for owners to keep control of properties

Measure W - Vacant Property Tax - A $200,000,000 Tax Increase: Imposes a parcel tax for properties in use less than 50 days during a calendar year Residential homes: $6,000 per parcel Non-residential & Undeveloped: $6,000 per parcel Condominium or duplex: $3,000 per vacant unit Parcel with ground floor commercial: $3,000 per parcel

Measure AA - Parcel Tax - A 1 Billion Dollar Tax Increase:

One of the largest parcel tax proposals in Oakland’s history ($198 per home and $135.25 per unit per year) $30,000,000 a year for 30 years will be distributed to organizations without accountability or a track record of success Homeowners are already paying for 6 separate parcel tax measures to support schools No guarantee the funds will be used for the stated purpose No public oversight and no program in place

THE TIME TO JOIN THE FIGHT IS NOW!

REGISTER TODAY FOR PHONE BANKING AND CANVASSING WWW.EBRHA.COM/EVENTS

FEATURE COLUMN

letter from the association executive Dear Members This November, four ballot measures will negatively impact everyone if passed. Renters will face a dwindling supply of rental housing, which will in turn be more expensive. Rental housing providers will not be able to cover expenses and will be forced out of business. Single-family homeowners, whose retirement plans hinge on renting out their primary residence or granny unit, will lose their ability to raise rents to keep pace with costs. And, they could easily lose the ability to move back into their homes, or offer said granny unit to others—like family or caretakers—once rented.

Statewide, Proposition 10, the so-called “Affordable Housing Act” is being fought by a large coalition, including the California Rental Housing Association (CalRHA)—the statewide organization under the umbrella of the National Apartment Association—made up of ten apartments associations across the state, including EBRHA. See Page 6 to read about the myths, facts and sponsors who have rallied together to fight Proposition 10, or go to www.prop10flaws.com to learn more.

At the local level, EBRHA and a group of allies, including single-family homeowners, realtors and other business owners, have formed a coalition to actively fight these measures. We have launched a powerful grassroots campaign and are actively fighting to protect our property and homeowner rights, our retirement plans, our future.

Read on to learn about the impacts of these measures and get involved. There are many ways to do so: phone banking, letter writing, canvassing, social media posting, public speaking and more. There is much to do between now and November 6, and we all need to do our part. As the adage goes, many hands make light work, so if you haven’t yet attended a phone banking or canvassing event register today at www.ebrha.com/events.

Tina Bocheff Association Executive

STATE-WIDE MEASURE: PROPOSITION 10 PROPOSITION 10: The so-called “Affordable Housing Act” would repeal Cost-Hawkins, subjecting single-family homes, condos and new construction (built after 1995) to rent control.

Strict rent control makes it more difficult for homeowners to cover expenses, like taxes, insurance and maintenance. And, where rent control exists, eviction control often follows, limiting the home owners ability to decide who lives in their home and for how long. These types of controls are an enormous disincentive for owners. Faced with a money-losing proposition, many people will take their rentals off the market, shrinking the rental housing stock statewide, which will drive up rental prices.

- VOTE NO ON PROPOSITION 10 -

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OAKLAND | MEASURE Y: REMOVAL OF OWNER-OCCUPIED EXEMPTION FROM JUST CAUSE AND ALLOW ADDITION OF EVICTION DEFENSES (MEASURE EE) Oakland voters passed a strong eviction ordinance 15 years ago. It covers 95% of all rental properties in Oakland and has helped stabilize rents and helped to keep many Oakland renters in their homes or apartments.

The measure passed because it exempted small owners who live in their duplex or triplex and rent out the other unit(s). In fact, Oakland now encourages the building of granny units to increase affordable housing.

Adding new restrictions on small owners would virtually eliminate the building of granny units and many small owners will not rent a spare bedroom or apartment.

Fewer available apartments will push rents higher, harming even more renters. Existing homeowners will not be willing to endure the expense to build a granny unit.

The majority of small owners of duplexes and triplexes in Oakland are minorities, retirees, and people without other sources of income. Passage of Measure Y will discourage them from renting an extra apartment. Often this is the only way they are able to pay the mortgage and taxes.

The original exemption of small property owners was recognized as a way to keep small property owners in their own homes. This measure will force many small owners to take units off the market.

This proposal will make the housing crisis worse, not better.

It is bad public policy and even Berkeley is moving to allow small owners an exemption.

This measure is bad for homeowners, bad for tenants and bad for housing.

- VOTE NO ON MEASURE Y -

OAKLAND | MEASURE W: VACANT PROPERTY TAX Of all the poorly written, poorly thought through measures on the ballot, Measure W is one of the worst.

Cynically, the proponents use homelessness and illegal dumping to garner support for a new tax measure, an astronomical $3,000 – $6,000 per property. Measure W was so poorly written it was rushed on the ballot without public input or debate.

There are no guarantees the new tax will be directed to homelessness or blight. In fact, many of the vacant blighted properties in Oakland are owned by the City or are on public property, but the politicians exempted the city.

Measure W purports to “reduce suffering and solve homelessness” but there is no plan, other than raising money.

If a property (including a home or an apartment) is vacant for any reason, the City will bill you up to $6,000 per year.

The “Community Commission” the proponents tout as making recommendations and overseeing the money are political appointees of the council members and there are no written guidelines or rules on how the money would be spent.

Measure W is a scam to increase revenue to the city to pay for pensions and a growing bureaucracy. Today the City of Oakland’s operating budget is a whopping $1.5 BILLION dollars a year -- an increase of almost $500 million in less than 10 years.

Since the City has no effective program to help the homeless, most of the funds will be spent on city bureaucracy with only a pittance spent on the homeless population.

- VOTE NO ON W -

OAKLAND | MEASURE AA: $30,000,000 PARCEL TAX FOR 30 YEARS Proponents of Measure AA have absolutely no facts to support their outrageous and unproven claims that passage of this gigantic tax will in fact “increase high school and college graduation rates for 10,000 children.”

Unlike other Oakland taxes that support our schools and community colleges, (we are paying for at least 6 separate education parcel taxes currently) the money from Measure AA will be managed by individuals selected by the council members with no public oversight. $30,000,000 a year will be distributed to organizations without accountability or a track record of success.

Why should an Oakland resident, with no children in the schools, or a senior with limited income be forced to pay almost $200 a year for 30 years for programs that have not even been approved?

Of the endorsers of Measure AA, the majority are not Oakland residents and will not have to pay this tax. They want you to pay. The low income exemption is a scam, written so no one will qualify.

The proponents rushed to get Measure AA on the ballot as they know Oakland schools and Peralta Colleges are proposing additional parcel taxes as well. Every election there are new proposals asking for more money, always providing emotional arguments and always saying the money is needed.

Over the past few years our City government has grown astronomically, with no increase in services or benefits to citizens. By their own admission over $2,000,000 a year will be spent on “administration.” How many scholarships could that fund?

- VOTE NO ON MEASURE AA -

Tina Bocheff is EBRHA’s Association Executive and the Managing Editor of Rental Housing Magazine. She can be reached at tbocheff@ebrha.com.

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For more information, visit: www.Prop10Flaws.com Info@Prop10Flaws.com

THE FLAWS

READ IT FOR YOURSELF!

Allows regulation of single family homes

Prop 10 allows government to dictate pricing for privately owned single-family homes, controlling how much homeowners can charge to rent out their home – or even just a room. It may even lead to bureaucrats charging homeowners a fee for taking their home off the rental market.

HOW WE KNOW:

Legislative Analyst’s Office analysis of Prop 10 (A.G. File No. 2017-041), December 12, 2017 In 1995, the Legislature enacted the CostaHawkins Rental Housing Act (Costa-Hawkins), which placed limitations on locally enacted rent control laws. Specifically, Costa-Hawkins prohibited local rent control rules from applying to housing first occupied on or after February 1, 1995 and single-family homes. ...The measure repeals Costa-Hawkins. Under the measure, cities and counties can regulate rents for all types of housing regardless of age. They also can regulate how much a landlord may increase rents between tenants.

Places bureaucrats in charge of housing with the power to add additional fees

Prop 10 puts as many as 539 rental boards in charge of housing and gives government agencies unlimited power to add fees on housing that will be passed on to tenants in the form of higher rents – making homes and apartments even more expensive.

HOW WE KNOW:

Legislative Analyst’s Office analysis of Prop 10 (A.G. File No. 2017-041), December 12, 2017 Rent control laws typically are administered by local rent boards, which are funded through fees on regulated property owners. …Depending on actions taken by local governments, these costs could range from minimal to tens of millions of dollars per year.

These costs likely would be paid by fees on owners of rental housing.

Drives up the cost of existing housing

Prop 10’s new government fees and regulations will give homeowners a huge financial incentive to convert rental properties into more profitable uses like short-term vacation rentals, increasing the cost of existing housing and making it even harder for renters to find affordable housing in the future.

HOW WE KNOW:

Legislative Analyst’s Office analysis of Prop 10 (A.G. File No. 2017-041), December 12, 2017 Conversion of Rental Housing to Ownership Housing. Owners of rental housing subject to rent control are more likely to convert their properties to condos or other forms of ownership housing. This results in fewer homes being available for rent and more being available for purchase.

PROP 10

Affordable Housing Act The People of the State of California do hereby ordain as follows: Section 1. Title.

This Act shall be known and may be cited as “Affordable Housing Act.” Section 2. Findings and Declarations. …

Section 3. Purposes and Intent. …

Section 4. Affordable Housing Act shall be codified by repealing the following sections of the Civil Code: Sections 1954.50, 1954.51, 1954.52 and 1954.53 of Chapter 2.7 of Title 5 of Part 4 of Division 3 of the Civil Code are repealed.

Section 5. Affordable Housing Act shall be further codified by adding the following section to the Civil Code: Section 1954.54. (a) A city, county, or city and county shall have the authority to adopt a local charter provision, ordinance or regulation that governs a landlord’s right to establish and increase rental rates on a dwelling or housing unit. (b) In accordance with California law, a landlord’s right to a fair rate of return on a property shall not be abridged by a city, county, or city and county.

Section 6. Liberal Construction This Act shall be broadly construed to accomplish its purposes.

Section 7. Amendment and Repeal Pursuant to Article II, Section 10, Subdivision ( c ), of the California Constitution, the Legislature may amend this Act to further its purposes by a statute passed in each house by roll call vote entered in the Journal, two-thirds of the membership concurring, signed by the Governor. No statute restricting or eliminating the powers that have been restored by this Act to a city, county, or city and county to establish residential rental rates shall become effective unless approved by a majority of the electorate.

Section 8. Severability If any provision of this Act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

Section 9. Conflicting Measures In the event that this Act and any other measure addressing the authority of local government agencies to establish residential rental rates shall appear on the same statewide election ballot, the provision of the other measure or measures shall be deemed to be in conflict with this Act. In the event that this Act receives a greater number of affirmative votes than another measure deemed to be in conflict with it, the provisions of this Act shall prevail in their entirety, and the other measure or measures shall be null and void.

Section 10. Legal Defense Notwithstanding any other provision of law, if the State, a government agency, or any of its officials fail to defend the constitutionality of this Act, following its approval by the voters, the proponents shall have the authority to intervene in any court action challenging the constitutionality of this Act for the purpose of defending its constitutionality, whether in state or federal court, and whether such action is in any trial court, on appeal, or on discretionary review by the Supreme Court of California or the Supreme Court of the United States. The reasonable fees and costs of defending the action shall be a charge on funds appropriated to the California Department of Justice, which shall be satisfied promptly.

Section 11. Effective Date Except as otherwise provided herein, this Act shall become effective the day after its approval by the voters.

Find out more at: WWW.READITFORYOURSELF.COM

For more information, visit: www.Prop10Flaws.com Info@Prop10Flaws.com

MYTH vs. FACT

Coalition Members:

California Community Builders California Business Properties Association

MYTH

Prop 10 will give renters immediate relief.

California Business Roundtable

FACT

Prop 10, the so-called “Affordable Housing Act,” repeals current law and does not force the state or any city to lower rents. This flawed initiative: • Will NOT provide any immediate relief for people facing higher housing costs.

• Will NOT increase funding for affordable housing.

• Will NOT force local communities to build the housing approved in their general plans.

MYTH

Prop 10 will make housing more affordable across California.

FACT

Numerous studies show that the exact opposite could happen. Prop 10 could increase prices for existing housing and make it even more difficult for families to purchase their first home. It could even force thousands of renters – including seniors and others living on fixed incomes – out of their apartments and communities.

California Rental Housing Association California Senior Advocates League California State Conference of the National Association for the Advancement of Colored People (NAACP) Family Business Association of California California Small Business Association California Chamber of Commerce California Taxpayers Association California Taxpayer Protection Committee California Taxpayers Union Californians Against Wasteful Spending Howard Jarvis Taxpayers Association Institute of Real Estate Management – California

In fact, the initiative’s new government fees and regulations on housing will give apartment owners a huge financial incentive to convert rental properties into more profitable uses like short-term vacation rentals and condos. As a result, Prop 10 could increase the cost of existing housing and make it even harder for renters to find affordable housing in the future.

Pro-Small Biz California The Two Hundred United Latinos Vote Central Valley Business Federation (BizFed) Fresno Chamber of Commerce Greater Irvine Chamber of Commerce Kern County Taxpayers Association Los Angeles Area Chamber of Commerce

MYTH

Prop 10 will not harm the construction of new homes.

FACT

This flawed initiative will only make California’s housing crisis worse. The state’s nonpartisan Legislative Analyst’s Office stated in their analysis of Prop 10 that, “A substantial expansion of rent control in California could result in economic effects more dramatic than those suggested by research on rent control to date, including significant reductions in construction of new housing.”

MYTH

Prop 10 will benefit California’s economy.

FACT

The state’s nonpartisan Legislative Analyst’s Office found that Prop 10 could increase costs for local governments by tens of millions of dollars per year and cost the state millions more in lost revenue. This could result in less money for schools and emergency services, reduced new home construction, and a loss of thousands of well-paid construction jobs.

Los Angeles Business Federation (BizFed) Mountain View Chamber of Commerce Orange County Business Council Palo Alto Chamber of Commerce Sacramento Metropolitan Chamber of Commerce Sacramento Taxpayers Association San Bernardino Area Chamber of Commerce San Diego Regional Chamber of Commerce Silicon Valley Taxpayers Association Southwest California Legislative Council The Silicon Valley Organization Valley Industry and Commerce Association

*Partial List

BOTTOM LINE: Prop 10 has too many flaws and will make the housing crisis worse.

Vote NO on November 6th!

Paid for by No on Prop 10 – A Flawed Initiative That Will Make The Housing Crisis Worse a coalition of housing advocates, renters, large and small businesses, taxpayer groups, and veterans Committee major funding from Michael K. Hayde, including Western National Group & Affiliated Entities Blackstone Property Partners, L.P.; BREIT MF Holdings LLC; Blackstone Real Estate Partners (VI through VIII) L.P.; and their Holdings Geoffrey H. Palmer funding details at www.fppc.ca.gov

contributors

ONLINE

TINA BOCHEFF Tina is the Association Executive of EBRHA and the Managing Editor of Rental Housing magazine. She is responsible for achieving the strategic goals of the Association, including financial health, member engagement and growth, political advocacy, educa­ tion and events. As Managing Editor, she oversees the editorial calendar, content creation, advertising and production. Tina began her work with EBRHA as the Director of Strategic Partnerships and maga­zine Editor in 2010.

LIZ HART Liz Hart has provided expertise to property owners for over 20 years. She offers consulting services on rent control and property management matters to Bay Area property owners. She is a passionate advocate for property owners in rent controlled communities and is always eager to discuss unique issues they face.

JASON MAUCK Jason Mauck is an attorney in the Oakland office of Ericksen Arbuthnot and practices in the areas of real estate, personal injury and employment law. He is a contributing member to the real estate practice group and focuses his real estate practice on affordable hous­ing, property management representation and landlord-tenant law.

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

STEVEN C. WILLIAMS Steve has been representing real property owners throughout the Bay Area since 1999. He has a wealth of knowledge in many areas of real estate law, including commercial and residential leasing, rent and eviction control, purchase/sales transactions, and neighbor dis­putes. He advocates for his clients in State and Federal courts, at arbitration and mediation hearings, and be­fore government agencies. Steve has recently tried sev­eral cases where he obtained favorable judgments for his clients. These cases involved a nuisance, a residential property owner’s right to change terms of tenancy, and commercial property leasing rights.

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TENANT SCREENING EBRHA provides members with lowcost 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 2018, rental property owners can collect a maximum of $49.12 for an application fee.

MEMBER PRICING Basic Report*. . . . . $15 Bad Check Search. $10 SSN Search . . . . . . . $7 Criminal . . . . . . . . . $10 Verbal and Fax Reports.Add $20

*Includes TransUnion credit report, FICO score and eviction history.

Sign-up and inspection required.

Call EBRHA for details.

510.893.9873 | FAX 510.893.2906 www.ebrha.com TEL

INFORMATION  NETWORKING  ADVOCACY  COMMUNITY IMPROVEMENT

12TH ANNUAL

Trade Expo & Symposium

DON’T MISS THIS SPOOK-TACULAR EVENT! East Bay rental housing providers are invited to EBRHA’s 12th Annual Trade Expo. Share best practices and meet face-to-face with top local vendors — providers of maintenance, management, legal and financial services.

This year, the symposium will highlight important election and advocacy updates.

The Expo also features a Halloween theme and costume contest. Everyone is encouraged to participate for a chance to win fabulous prizes.

Space is limited, so register today!

SAVE THE DATE! THURSDAY, OCTOBER 25 3:00 PM - 7:00 PM GREEK ORTHODOX CATHEDRAL 4700 LINCOLN AVE, OAKLAND, CA

REGISTER ONLINE TODAY AT WWW.EBRHA.COM/EXPO

COLUMN

property management

may possess, plant, cultivate, harvest, dry, and process up to 6 marijuana plants within a residential unit for recreational use. The marijuana need not be for medical purposes.

Notwithstanding legalization, marijuana is still not permitted where tobacco use is prohibited, near or at a school, or while driving.

State and local laws legalizing marijuana use and growth have no effect UNDERSTANDING PROPOSITION 64. on Federal marijuana laws. Marijuana is

BY STEVEN C. WILLIAMS still illegal under Federal law. Ironically, a person could smoke or grow marijuana in Oakland in full compliance with State and Local laws, yet be committing a Federal offense. However, the Federal Government is not actively prosecuting such use or pursuing real property owners who allow marijuana use or growth inside a property. This hasn’t always been the case, and it is possible the Federal Government’s policy could change in the future.

So, can a rental property owner prohibit marijuana use or growth inside a rental unit? Proposition 64 does not require owners to permit marijuana smoking inside a rental unit. Similar to a prohibition against smoking tobacco, an owner can still lawfully prohibit marijuana use and growth in a written lease agreement. And the owner may The city of Oakland permits up to be able to enforce such a provision nder Federal laws, marijuana 6 plants in a private residence. San depending on the circumstances. use, growth, and sale is illegal.

Francisco allows up to 24 plants in a Marijuana is classified as a Tier Notwithstanding a prohibitory lease private residence. And Berkeley allows 1 drug, along with heroin and LSD. The prohibition, fair housing laws impose as many plants as are Federal government has authority to certain obligations seize real property of owners who allow needed to address the “... it may be unreaon owners, including person’s medical needs. marijuana distribution or cultivation. sonable if the tenant the obligation to Despite stringent Federal laws, it is installs an elaborate accommodate tenants Proposition 64 becoming more and more common for grow system that with disabilities.

In 2016, California Under applicable tenants to smoke and grow marijuana violates electrical and Voters passed fair housing laws, in their rental units. Is this legal? housing codes or if the Proposition 64 it is unlawful for Depending on the circumstances, the smoke from the marilegalizing marijuana. an owner to refuse answer may differ. juana wafts into other This law decriminalizes to make reasonable In 1996, California passed the units and adversely personal use and accommodations Compassionate Use Act. Marijuana use affects neighbors and possession of marijuana in rules, policies, and growth became legal for persons children.” by individuals 21 years practices, or services, with disabilities for medicinal purposes of age or older.

Individuals may now when such accommodations may be and as prescribed by a physician. A possess, process, transport, purchase, necessary to afford a disabled tenant an qualifying disabled person can cultivate obtain, and give away up to 28.5 grams equal opportunity to use and enjoy a up to 12 marijuana plants in his or her of marijuana.

Furthermore, individuals rental unit. residential unit.

Of Pot & Property

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What does this really mean? It means that an owner may have to make exceptions to standard rental practices and policies (such as no pet policies or no marijuana use or growth policies), in order to accommodate a tenant with a disability.

A disability isn’t limited to physical or visible impairments. It is broadly defined to include individuals with a physical or mental impairment that limits a major life activity. This may include conditions such as carpal tunnel syndrome, anxiety, or depression. So, it may not be readily apparent to an owner that a tenant suffers from a qualifying disability. Be aware that just because a tenant does not look disabled does not mean that a tenant is not disabled.

A tenant with a disability may be prescribed marijuana to alleviate the symptoms of the disability under State and Local laws. If this is the case, then even where there is a lease provision prohibiting marijuana, the owner may be required to accommodate the tenant and allow the tenant to use or grow marijuana in the rental unit. So long as the tenant’s use or growth complies with applicable laws, then it may be considered a reasonable accommodation for the tenant’s disability.

Notwithstanding the above, an owner is not required to provide an unreasonable accommodation for a disability, which may include an accommodation that causes an undue financial or administrative burden or poses a direct threat to the health or safety of others. For example, it may be unreasonable if the tenant installs an elaborate grow system that violates electrical and housing codes or if the smoke from the marijuana wafts into other units and adversely affects neighbors and children.

Failure or refusal to provide or even consider a reasonable accommodation may be discrimination against a person with a disability and may violate applicable fair housing laws. Accordingly, it is important to promptly and seriously consider any tenant’s disability accommodation request. RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Steven C. Williams is a realestate attorney with Fried & Williams LLP and can be reached at 510-625-0100.

UPCOMING WORKSHOPS IMPORTANT

Phone Banking and Canvassing To Help Defeat Four Harmful and Expensive Ballot Measures

WHEN SATURDAYS: 9:30 A.M.- NOON

WEDNESDAYS: 5:30 P.M. - 8:00 P.M.

Register today at www.ebrha.com/events

Quickbooks for Desktop - Part 3 D ATE & TIME THURSDAY, OCTOBER 18; 2:00 P.M. - 3:30 P.M.

SPEAKER Sue Larsen, Quickbooks Pro Advisor PRICE EBRHA Members: $39; Non-Members: $69

TOPICS Vendor Modules; Paying bills; Check writing; Invoicing, Inventory; Time Tracking; Job Costing; This class is Part 3 of a 4 Part Series.

Unless noted, all workshops are held at:

3664 Grand Avenue • Suite B Oakland, CA 94610

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

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FEATURE

Pre R

eparing For Rent Board Battle Preparing for Your Battle at the RAP. BY LIZ HART

B

ack in June 2015, Rental Housing magazine published tips to representing yourself at the Oakland Rent Board. There have been significant changes since then, so an update to that information was in order.

PHOTO: JOSEPH BANSUELO

Changes to the RAP

In 2015, a rental owner could increase the rent, and if the tenant didn’t challenge the increase at the Rent Adjustment Program (RAP) within 60 days, the rent increase was binding. Not anymore.

Now, owners must petition the RAP for all rent increases (except those based on the CPI or Banking) and may not serve the rent increase notice on the tenant until a final decision is made by the RAP. By the way, that “final decision” requirement is significant because a final determination by the RAP (and the Rent Board Commissioners) could take 18 to 24 months or longer.

There are a couple of rent board petitions still pending where the owners of an Oakland property have been trying to pass through rent increases for over four years. Recently, the cases got remanded by the Rent Board commissioners for more hearings, making it almost five years that owners have been trying to pass through rent increases. Furthermore, without a final determination by the

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Rent Board Commissioners, the owner is unable to file a Superior Court case to force the issue. Essentially, it’s a battle of attrition. To say the case is being closely monitored by the City officials, the RAP administrative staff, the Rent Board commissioners, EBRHA and owners of rental property in Oakland is an understatement.

A few years ago, there was a single RAP notice, and after it was served, the tenant had a 60 day window to challenge the rent increase. Now, there are three D ATE & TIME TUESDAY, OCTOBER 9; 4:00 P.M. - 5:00 P.M. required versions of the RAP notice (in

SPEAKER Wayne Roland, EBRHA president English, Spanish and Mandarin/Canton PRICE Free to EBRHA Members Only ese) and a tenant now has 90 days to file

TOPICS The Small Property Round Table is a casual meeting to discuss a petition. If the owner neglects to serve issues, experiences and solutions to common--or perhaps not the RAP notice with the rent increase so common--problems many of you may be facing. itself, the tenant has six months to file a petition challenging the increase.

Capital Improvement rent increases used to be 70% of the owner’s expenses spread out over 60 months as long as the INFORMATION  NETWORKING  ADVOCACY  COMMUNITY IMPROVEMENT increase didn’t result in more than a 10% annual increase. Now, this type of rent increase can be challenged if it constitutes “gold-plating”, does not have a fully signed off building permit from the City 12TH ANNUAL t the bottom of Oakland, or is not amortized over the newly adopted schedule as of October 2016. The implications were, historically, a capital improvements increase was spread over a period of 5, 6, or 7 years.

Now they can extend for two, three or more decades.

DATE & TIME THURSDAY, OCT 25; 3:00 P.M.- 7:00 P.M. To compound the problem, the LOCATION: Greek Orthodox Church, 4700 Lincoln Ave, Oakland number of petitions the RAP has been Meet face-to-face with top local vendors, get important handling on an annual basis has skyrocketed. In 2015 there were 1,661 petitions election and advocacy updates, and win fabulous prizes. filed at the RAP; by the end of 2017, over See Page 9 for more details.

2,300 petitions had been filed. The RAP is suffering from a huge case backlog and PRICE Free to Members; $20 Non-Members a shortage of staff to handle the work.

This works to the disadvantage of owners.

In the past, an owner could file a petition, and in two or three weeks, the RAP would rapidly respond and provide a hearing date for the case. Currently, the DON’T MISS THIS SPOOK-TACULAR EVENT! Unless noted, all events are held at: RAP is taking three months to respond East Bay rental housing providers are invited 3664 Grand Avenue • Suite B to and set a hearing date for a petition. In EBRHA’s 12th Annual Trade Expo. Share best practices Oakland, CA 94610 the past, a hearing officer would usually and meet face-to-face with top local vendors — send out the hearing decision in 30 or 60 providers of maintenance, management, legal and THURSDAY, OCTOBER 25Now it can take as much as four days. financial services.

3:00 PM - 7:00 PM months before the case is decided.

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“It’s becoming increasingly common that owners find themselves sand-bagged by unusual, unknown, or even absurd interpretations of the law by hearing officers.” services on their petition. In the past, if the RAP found that a tenant’s decreased housing services claim was credible and had been ongoing for a long time, the RAP would often find the tenant had overpaid the rent and apply the overpayment starting 90 days before the tenant filed their petition. Unfortunately, for many owners, the tenant’s petition is the first time they are finding out about these complaints which means (due to the lag from the RAP’s staffing issues), owners are getting penalized for an additional 3 months or more for repair or maintenance issues they had no knowledge about. Ouch!

Representing Yourself at the RAP

Because owners must now petition for most rent increases and the uptick in RAP petitions filed by tenants, an increasing number of owners will be handling their own RAP petitions in the future. So let’s talk about how to prepare for that when it happens.

While there has been a website for the RAP for a long time, only within the past year has the RAP put in place a more user friendly online portal. It can be reached at this link: www. rapwp.oaklandnet.com/about/rap/ This version of the RAP site allows the public to download the most current RAP petition forms, calculators and the notices required by law for the RAP and the Tenant Protection Ordinance. It allows the public to follow the meetings of the Rent Board Commissioners and download the agenda packets — and even watch the commission meetings after the fact.

The website also allows owners to file petitions for rent increases and responses to tenants’ petitions online. However, this function of the website is difficult to use and prone to errors. Owners are advised to continue filing their documents the “old fashioned” way by bringing two copies of their documents to the sixth floor of 250 Frank Ogawa building, date stamping every page of both sets and filing one packet with the RAP, and keeping the second packet for their own records.

With any petition, unless you are claiming the rental property is exempt from the RAP, you should document that you have provided the RAP notice to the tenant. This may be a copy of the RAP signed by the tenant, a copy of the rental agreement which includes the RAP notice, or a copy of a Change of Terms of Tenancy notice which added the RAP Notice to the tenant’s rental agreement. If you have never provided a copy of the RAP notice to your tenant, do so immediately. Complete a Change of Terms of Tenancy notice, make a copy of it, and attach the current RAP notice to each. Then, mail one set to the tenant, attach 16 RENTAL HOUSING

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a completed, dated and signed Proof of Service form to your set and keep it for your records.

Remember, if you’ve never served your tenant with the RAP notice, you may not raise the rent until six months after it is served.

You will also have to document that you have paid the RAP fee and have a current business license for the rental property. Failure to do so will result in dismissal of a rent increase petition or owner’s response to a ten-

ant’s petition.

Owner petitions require you provide contact information for the tenants impacted by the petition, including the date they moved in, the date they first received the RAP notice and what the initial rent was. If responding to a tenant’s petition, you will also have the opportunity on your response petition to challenge the information the tenant provided about the challenged rent increases. Take advantage of it — if you leave the tenant’s information uncontested, you may lose the case because of it.

When petitioning to raise the rent, owners should be especially familiar with the Appendix A section of the Ordinance.

Appendix A provides much needed detail on each justification for a rent increase.

Owners also will need to be able to prove all elements of the case. A proposed rent increase based on a new roof requires the roofer’s invoice and the proof the invoice was paid, such as the endorsed check (back and front), or the credit card statements that document the payments to the roofer. If you lost the vendor’s invoice, go back to them and see if they will provide you with a statement of the charges and the payments showing the invoices were paid in full, then supplement with your records of payments on those days.

A Guaranteed Success?

So, if an owner is intimately familiar with the Rent Control ordinance, has filed a complete and timely petition with every claim, and has conducted themselves with complete professionalism and poise at the hearing, they can look forward to a positive outcome, right?

Unfortunately, no. It’s becoming increasingly common that owners find themselves sand-bagged by unusual, unknown, or even absurd interpretations of the law by hearing officers.

So what’s an owner to do? Thankfully, there are quite a few ways you can make an impact.

Get Informed! Start paying attention to what is going on at the Rent Board Commissioners meetings. Go to this webpage: www.rapwp.oaklandnet.com/about/rent-board-meetings/ to find a treasure trove of information. The commissioners meet on the second and fourth Thursdays of the month. The meeting schedule is posted on that webpage. You can download the current meeting’s agenda packet, which includes detailed information on the cases they will be deciding and how they voted on cases decided at the last meeting. You can also download agenda packets from past meetings. Best of all, the Rent Board meetings are recorded on video by KTOP, the City of Oakland’s

public access channel. You can watch the entire meeting — the public comments, the case presentations, the Rent Board commissioners’ discussions — all from the comfort of your own computer. Currently, you can watch all the Rent Board meetings dating back to February 16th, 2017 Get Involved! Start talking about these decisions. Reach out to the Mayor or your councilmember. Write a letter to the editor or even an op-ed for the newspaper. Owners may not engender a lot of sympathy from the public, but most people recognize an injustice when they see it. Another option would be applying to serve as a Rent Board commissioner.

You can find out more information at the Rent Board’s webpage.

Get Invested! The sad fact is the only way to stop the Rent Board from enacting these zany interpretations of the law is to challenge them in the Superior Court. This means hiring an attorney to file a petition for writ of mandamus. A writ of mandamus is when the Superior Court overturns or reverses a specific Rent Board action. It forces the City of Oakland to spend the time and money to defend the outrageous and incorrect

decisions. Ultimately, when the City starts realizing that they are being summoned into court over and over again to defend, their common sense will prevail and the hearing officers and Rent Board commissioners will start being more accountable for their actions. RH The information contained on this article is general in nature. Consult the advice of an attorney or professional for any specific problem. Liz Hart is a consultant to owners of rental properties in Oakland and Berkeley, and specializes in rent laws and rent board petitions.

She can be reached at liz.hart1801@gmail.com or 510-813-5440.

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FEATURE

Preventing Habitability Problems How To Comply With California Health And Safety Codes. BY SUSAN SPOTT

I

f you are providing a residential property for rent, you must comply with the basic requirements of the California Health and Safety Code (CHSC). The CHSC is one of 29 California codes (also commonly referred to as Housing codes) that are currently part of the California State Constitution. CHSC, Division 13, Part 1.5, relates to the minimum conditions that all buildings must have to be habitable for dwelling purposes. They are different from the Building codes although many of the requirements found in one may be found in the other. The Building Codes are mandated

by CHSC Division 13, Part 2.5 and they also prescribe minimum building standards.

Owners should understand that each jurisdictional authority (such as City of Oakland, City of Berkeley, etc.) will adopt the state mandated codes but are also able to add requirements based on their unique needs.

Consequently, when researching the codes that are applicable to your property, I recommend visiting the website of the jurisdictional authority in which the property is located.

They will list the adopted codes and their edition, and provide any amendments they have made. In larger cities like San Francisco, they may publish their own Housing Code that is consistent with the state requirements.

A professional can also assist the owner in

determining the applicable requirements for their property.

A Risky Undertaking

Unfortunately, in our ever-growing litigious society, persons savvy with the housing and building code requirements may pursue a path of a formal complaint or litigation for monetary gain. As an example, a client of mine bought a residential property with a detached garage that had been converted to a small studio apartment. My client (the new owner) purchased this property without the seller properly disclosing that the garage conversion was never blessed with a building permit from the local Planning and Building Department. Otherwise, it was a very suitable space for residential purposes. It featured improvements that met with building requirements for size, lighting, heating, and sanitation.

After assuming ownership of the property, the owner was happy to let the existing tenant stay on. However, the owner did increase the rent slightly. Several months passed by, during which the tenant researched city records and discovered that the property was never permitted or inspected. The tenant then presented the owner with a letter listing a multitude of complaints, such as mold, pests and other problems. In addition, the tenant ebrha.com

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RENTAL HOUSING 19

Code Requirements Under California Health & Safety Code

• The building must provide a permanent heating source. Typically, space heaters or other mobile type heating systems are not adequate to meet this requirement. Each habitable room must be able to maintain a minimum temperature • A minimum number of electrical outlets must be provided • The rooms must have a minimum amount of natural light and ventilation • Each sleeping room must provide a means of emergency egress that communicates to the outside that will provide a path of travel to the public way • Appliances must be in serviceable condition • The plumbing system must be serviceable – this includes all fixtures • Pests and Rodents must be removed – and any mean of them getting into the building must be closed • Smoke and Carbon monoxide detectors are required • Safe and code compliant wiring (with the electrical code at the time of the building’s construction) wiring • The existence of mold must be eradicated • Clear address signage on the building and the individual unit • Operable locking devices on windows and doors, with a 1” deadbolt on the front door • The exit path of travel to the public right of way must be unimpeded.

For example; if a back yard is fenced off and protected from the public by a locking gate, this gate must remain unlocked on its exiting side.

20 RENTAL HOUSING

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ebrha.com

demanded $85,000 in damages.

The tenant also contacted the local building code enforcement division to make a complaint. A city inspector inspected the property and issued the property owner a notice of violation based on the lack of permit and other minor issues. The tenant hired an attorney and the nightmare was on its way.

Because of the lack of approval for the conversion of this garage to habitable space, the property owner was at a serious disadvantage from the beginning. As the litigation case got underway, it was determined that the tenant had done this before.

Unfortunately, this happens often.

This lesson was expensive. However, after the settlement (and the tenant’s eviction) it was possible for the owner to legalize the garage conversion (that process is another subject).

The moral of this story is to be certain that the property you are offering for rent has either been issued a Certificate of Occupancy or has a record of planning/ building department approval for its use.

Summary of Requirements

The requirements under CHSC are primarily intuitive, but as noted in the examples above, it is extremely important that owner be compliant. Please note that this is a short summary, and not a complete list – the full extent of the requirements can be found at the local building department or online. Owners of residential rental property should become familiar with them or be sure to work with a professional who is.

In California, the property owner is responsible for providing and maintaining habitable living conditions for the tenant. Should the property owner fail to live up to these responsibilities, the tenant may have the right to withhold rent or deduct a portion from the rent.

Of course, the tenant must first notify the owner about the problem so they can make the repair. However, if the problem goes on without the needed corrective action from the owner, the tenant can proceed with the repair and deduct the cost of such from the payment of rent.

The cost of the repair can not exceed the monthly rental amount due (Civil Code Section 1942).

Mold Issues

Personal living habits can lead to the growth of mold in a dwelling. Mold thrives in dark, damp environments, particularly those lacking ventilation.

An example of another very common circumstance is an excessive amount of materials being stacked up against interior or exterior walls. I have seen instances where cardboard boxes were stored in a bathroom or kitchen, where the humidity is likely to be high. This cellulose material provides an excellent food source for microbial growth.

Aside from this material possibly obstructing paths of egress, or becoming falling hazards, they will also provide a ready fuel should a fire occur. Eviction based on excessive accumulation (or hoarding) alone can be challenging, so it may be prudent to have language that restricts this behavior be part of the rental or lease agreement. Consult with an attorney for more information.

A common suggestion I have for property owners is to have a means of mechanical ventilation installed within the living space that provides for air circulation and ventilation to the exterior.

This system should be automatic and not reliant on activation by the occupant.

Connecting the bathroom fan to the lighting switch is also recommended.

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Pre-Occupancy Inspection

It’s a good idea for the owner to arrange for an independent professional to inspect the property, exterior and interior, and all systems. An example of a “building systems” is the plumbing or electrical, including distribution devices and circuit wiring. I recommend photos and a video that becomes the property of the owner. Why an independent third party? A competent third party should be able to complete the inspection with an experienced eye, understanding the nuances of the building’s systems and in the event of a dispute, can present a neutral historical resource. This inspection provides a baseline and a narrative and visual record of the property’s condition prior to rental. The essential elements for habitability are checked and those findings are now part of the record.

Of course, any issues should be corrected prior to occupancy by the tenant.

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RENTAL HOUSING 21

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recommendations for the regular upkeep and maintenance of the building and its systems.

Regular Annual or SemiAnnual Inspections

Regular inspections of the property are the best tool for maintaining the property’s condition and protecting the liability of the owner. If you are working with a property management company, be sure these inspections are done, and that you see the reports, videos and photos. Understand, I am speaking of an inspection that should take (depending on the size of the property) at least an hour, during which the building’s exterior (all elevations), roof and underfloor is checked.

Each room should also be inspected, conditions should be documented, and a report should be issued. I do not consider a drive by or a quick visit to the property satisfying this need. If the property is a unit within a building, be sure the common areas are considered.

The ideal third-party professional who completes these reports has experience and is familiar with code requirements.

One way for a property owner to confirm this kind of background is by the certifications and licenses the professional has, and their depth of experience.

Rental/Lease Agreements

The very best tool any property owner must have to safeguard their checkbook and their sanity is a strong rental agreement. It is an investment that will return tenfold. Be sure to familiarize yourself with the code requirements or retain someone who is, and insist that the language of the agreement is comprehensive.

As a construction professional and an expert witness, the number of instances I’ve encountered weak rental agreements is dismal. Don’t rely on the bar that others feel comfortable with. Raise your own bar and sleep better at night. RH The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. Susan Spott is the owner of SpottCheck Consulting and Inspection Services and had more than 26 years if experience in the construction field. She can be reached at 510-816-1452 or susan@spottcheck. com.

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Beyond Normal Wear & Tear?

Can property owners pass on costs for recurring repairs? BY JASON MAUCK

Q

My tenant has called me for the third time asking me to fix a clog in her bathroom drain. After the plumber inspected the drain and fixed it, he discovered that it was hair clogging it, likely due to the tenant shaving or cutting their hair over the sink. This is the third time it’s happened in a six month period, and the plumber says it’s the same culprit every time. Can I pass some of the costs to the tenants or can I issue a notice so that they stop doing this?

A

What a hairy situation! Okay, I’ll stop. Let’s take a step back and look at the question in a broader sense, which is, “what repairs can I charge my tenant for while the tenancy is still in effect?” The answer, generally, is anything beyond “normal wear and tear,” and that’s the standard that applies here. Where “ordinary wear and tear contemplates that deterioration will occur by reason of time and use despite ordinary care for its preservation.”

(Kanner v. Globe Bottling Co. (1969) 26 RENTAL HOUSING

| OCTOBER 2018 |

including, but not limited to…[t]he repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant” where the amounts retained must be reasonable for the repairs specified.

Some examples of wear and tear in the residential context include the wearing down of carpet or flooring due to the tenant walking around the unit or minor repairs to the appliances and accoutrements of the unit. An example of things that could be considered beyond normal wear and tear are, large holes in the wall caused by a drunken brawl or a mural painted on an interior wall without permission.

In this case, the property was rented as a residential space that, of course, has bathrooms and sinks. If the owner rented the unit to someone with long hair—man or woman—they should expect that hair will find its way into a drain. Perhaps the tenant was not even cutting their hair over the sink, but is simply balding—then the hair clogs may constitute ordinary wear and tear. If the tenant is intentionally flushing their hair down the drain, or providing haircuts to their friends over a drain, then that may be beyond ordinary wear and tear and they could potentially be charged to repair the recurrent clog.

Whatever the case may be, you should advise the tenants in writing to be more careful regarding the drains and to help avoid clogs.

If the hair clog is beyond wear and tear, you should be able to deduct the reasonable repair costs from the security deposit. As an owner, just be prepared for the tenant to potentially challenge the charge to the deposit when the security deposit itemization is provided to the tenant at the end of the tenancy—so keep your records of repair. —JASON MAUCK RH

273 Cal.App.2d 559, 565.) Wear and tear is therefore repairs occasioned by the reasonable use of the property over time, where the ordinary and reasonable use of the property will be determined by the lease.

Ordinary wear and tear is based on the facts of the situation, as is usually the case. If you as the property owner are tolerant of risk, you can bill the tenant for the repair. This should come in the form of a reduction in the tenant’s security deposit. Security deposits are generally used to repair property after the tenancy has ended, however they are not limited to that one instance. Civil Code Section 1950.5 governs security deposits, when they can be used and what happens to them at termination of a “An example of things tenancy. The relevant that could be considCivil Code stating that a ered beyond normal security deposit is a fee wear and tear are, large “imposed at the beginholes in the wall caused ning of the tenancy to by a drunken brawl or be used to reimburse the a mural painted on an landlord for costs…to interior wall without be used for any purpose, permission.”

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The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem.

Jason Mauck is an attorney with Ericksen Arbuthnot. He can be reached at jmauck@ ericksenarbuthnot.com or 510-832-7770.

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community calendar EVENTS & CLASSES

October

November

WEDNESDAY, OCTOBER 3 Rental Property Management (RPM) 103 Presented by Brent Kernan, EBRHA Board Member Cost: Free to EBRHA Members; Non-Members: $69 2:00 p.m. - 3:30 p.m.

TUESDAY, OCTOBER 9 Small Property Owners Roundtable The Small Property Round Table is a casual meeting to discuss issues, experiences and solutions to common--or perhaps not so common--problems many of you may be facing Moderated by Wayne Rowland, EBRHA President Free to EBRHA Members Only 4:00 p.m. - 5:00 p.m.

THURSDAY, OCTOBER 18 Quickbooks: Part 3 Presented by Sue Larsen, QuickBooks ProAdvisor & EBRHA Accounting Specialist Vendor Modules; Paying bills; Check writing; Invoicing, Inventory; Time Tracking; Job Costing; This class is Part 3 of a 4 Part Series Cost: EBRHA Members: $39; Non-Members $69 2:00 p.m. - 3:30 p.m.

WEDNESDAY, NOVEMBER 7 Rental Property Management (RPM) 101 Presented By Rae Schindler, EBRHA staff Topics include: habitability, fair housing, tenant screening and advertising units, disclosures; EBRHA’s rental agreement, lease and addenda; and more.

Cost: Free to EBRHA Members, Non-Members $69 2:00 p.m. - 3:30 p.m.

TUESDAY, NOVEMBER 13 Small Property Round Table Wayne Roland, EBRHA President Topics: the Small Property Round Table is a casual meeting to discuss issues, experiences and solutions to common--or perhaps not so common--problems many of you may be facing Free to EBRHA Members Only 4:00 p.m. - 5:00 p.m.

THURSDAY, NOVEMBER 15 Quickbooks: Part 4 Presented by Sue Larsen, Quickbooks Pro Advisor Topics: This is the final class of the series: please bring your questions and problems.

Cost: EBRHA Members: $39; Non-Members: $69 2:00 p.m. - 3:30 p.m.

DON’T MISS IT! THURSDAY, OCTOBER 25 12th Annual Trade Expo Meet face-to-face with top local vendors and get important election and advocacy updates Greek Orthodox Church, 4700 Lincoln Ave, Oakland Cost: Free to EBRHA Members; Non-Members: $20 3:00 p.m. - 7:00 p.m.

IMPORTANT! SATURDAY, NOVEMBER 17 Member Meeting Topics: Board Member Election Free to EBRHA Members Only Networking: 9:30 a.m. | Meeting: 10:00 a.m. - Noon

No Refunds on no shows; Online advanced registration required! To register, visit ebrha.com/events 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 $68 per unit and are due March 1. Owners are allowed to pass through $34 to tenants.

BUSINESS TAXES & REGISTRATION

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

www.ltss.oaklandnet.com LANDLORD PETITION FOR EXEMPTIONS

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

ANNUAL ALLOWABLE RENT INCREASE

2018-19 (3.4%) A CPI increase of 3.4% becomes effective on July 1, 2018. 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 ‘18 - JUNE 30 ‘19 . . . . . . . . . 3.4 JULY 1 ‘17 - JUNE 30 ‘18 . . . . . . . . . 2.3 JULY 1 ‘16 - JUNE 30 ‘17 . . . . . . . . . 2.0 JULY 1 ‘15 - JUNE 30 ‘16 . . . . . . . . . 1.7 JULY 1 ‘14 - JUNE 30 ‘15 . . . . . . . . . 1.9 JULY 1 ‘13 - JUNE 30 ‘14 . . . . . . . . . 2.1 JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0 JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0 JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7 JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7 JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2 JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3 Visit www.ebrha.com/members to see previous adjustments.

CAPITAL IMPROVEMENTS INCREASE FORMULA

FOR FURTHER INFORMATION CONTACT:

(70 % of Improvement Costs ÷ Number of Units)

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

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

Berkeley RENT STABILIZATION BOARD FEES

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

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

DEC. 2017. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2016. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2015. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2014. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2013. . . . . . . . . . . . . . . . . . . 0.1% DEC. 2012. . . . . . . . . . . . . . . . . . . 0.2% DEC. 2011. . . . . . . . . . . . . . . . . . . 0.3% FEDERAL RESERVE RATES

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

ANNUAL ALLOWABLE RENT INCREASE

2018 (2.3%) 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.

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

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

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vendor directory — CONTACTS, PRODUCTS & SERVICES 24 HOUR LIVE ANSWERING SERVICE

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

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

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

Chase Bank Neil O’Callaghan | 415-315-8901 neil.ocallaghan@chase.net

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

First Foundation Bank Michelle Li | 510-250-8133 www.ff-inc.com

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

Luther Burbank Savings Gabriel Basso | 510-601-2400 gbasso@lbsavings.com

ATTORNEYS — LAND USE/CONDO CONVERSION

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

APPLIANCE SALES & PARTS

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

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

APPRAISERS

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

Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com Richards Law John Richards | 925-231-8104 www.richards-legal.com

ARCHITECTURE

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

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

ASSOCIATIONS

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

ATTORNEYS — REAL ESTATE/CORP.

Burnham Brown Charles Alfonzo | 510-835-6825 Oakland/Berkeley Association of Realtors www.burnhambrown.com Davina Lara | 510-836-3000 Ericksen Arbuthnot oaklandberkeleyaor.com Jason Mauck | 510-832-7770 Oakland Chamber of Commerce www.ericksenarbuthnot.com Barbara Leslie | 510-874-4808 Fried & Williams LLP www.oaklandchamber.com Clifford Fried | 510-625-0100 ATTORNEYS — EVICTIONS/PROPERTY www.friedwilliams.com OWNER DEFENSE

Harding Legal Elva Harding | 415-967-7570 www.edhlegal.com

Beckman, Feller & Chang P.C. Fred Feller | 510-548-7474 www.bfc-legal.com Bornstein Law Daniel Bornstein | 510-836-0110, x1007 www.bornsteinandbornstein.com Burnham Brown Charles Alfonzo | 510-835-6825 www.burnhambrown.com Ericksen Arbuthnot Jason Mauck | 510-832-7770 www.ericksenarbuthnot.com Fried & Williams LLP Clifford Fried | 510-625-0100 www.friedwilliams.com Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com Law Offices of Brent Kernan Brent Kernan | 510-712-2900 bkernan@aol.com

Jack Schwartz, Attorney at Law Jack Schwartz | 650-863-5823 jwsjr1220@comcast.net Law Offices of Bill Ford Bill Ford | 415-306-7840 www.billfordlaw.com Law Offices of John Gutierrez John Gutierrez | 510-647-0600, x2 www.jgutierrezlaw.com Miller Property Law Inga Miller | 925-402-2192 www.millerpropertylaw.com Richards Law John Richards | 925-231-8104 www.richards-legal.com Zacks, Freedman & Patterson, PC Lisa Padilla | 415-956-8100 www.zfplaw.com BANKING/LENDING

Pacific Western Bank Marc Lipsett | 510-332-6964 www.pacificwesternbank.com Bridge Bank Dale Marie Golden | 510-899-7536 dale.golden@bridgebank.com BATHROOM/KITCHEN REMODELING & BUILDING SUPPLIES

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

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

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

A-One Construction Eva Morrissey | 510-347-5400 www.a-oneconstruction.com All Buildings Contracting & Development Rick Quinn | 510-545-9016 rickquinn55@gmail.com ALP Construction & Painting Adrian Perez | 925-567-4777 www.alpconstructionca.com

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

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

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

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

Chase Commercial Ted Levenson | 415-945-5430 ted.levenson@chase.com

D.W. Hamilton Construction, Inc. D.W. Hamilton | 510-919-0046 www.dwhamiltonconstruction.com

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vendor directory IRC General Contracors Peter Katsafouros | 510-882-4311 www.irc-construction.com KMK Contracting & Property Services Kevin Knobles | 925-292-8667 www.kmkcontracting.com Reedco Building Innovations Beth Wilson | 510-283-5257 www.reedcobuilding.com Silicon Valley Builders Group Chris Maune | 408-627-4177 www.svbuildersgroup.com SpottCheck Consulting Susan Spott | 510-816-1452 www.spottcheck.com W. Charles Perry & Associates W. Charles Perry | 650-638-9546 www.wcharlesperry.com West Coast Premier Construction, Inc. Homy Sikaroudi | 510-271-0950 www.wcpc-inc.com Zacan Inc. Hector Ortiz | 510-589-3626 zacaninc@gmail.com CONTRACTORS/RESTORATION

ARC Water Damage Nina Lauffer 510-223-1279 or 877-437-9225 (toll free) www.bayareafloodrepair.com Emergency Services Restoration Maria Perez | 800-577-7537 www.esr24.com

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

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

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

East Bay Indoors Howard Oliver | 510-666-6711 www.ebindoors.com

GENERAL CONTRACTORS

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

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

HANDYMAN SERVICES

Start to Finish Christopher Bailey | 510-727-9128 cpmbailey@sbcglobal.net

Paramount Elevator Corp.

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

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

GOVERNMENT AGENCIES

Servpro of Lafayette/Moraga/Orinda Jenny Villena | 925-299-1323 servpro9542@sbcglobal.net

ELEVATOR REPAIRS

INSURANCE

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

BayPro Property Solutions, Inc. Sergio Rodriguez | 925-895-7898 sergio@bayprosolutions.com

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

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

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

FURNITURE MANUFACTURE

SES Restoration Inc. Paul Watts | 415-413-0939 paul@sesrestoration.com

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

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

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

Halcyon Properties Roger Shane | 510-847-7075 rbshane@aol.com

ELECTRICIANS

INSPECTIONS

FLOOR COVERINGS

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

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

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

INDOOR AIR QUALITY/MOLD & ODOR REMOVAL

FIRE PROTECTION

HARBRO Emergency Services & Restoration Malcolm Stanley | 650-670-2364 malcolm.stanley@harbro.com

Bay to Bay Garage Doors Robert Bruce | 925-872-5324 www.baytobaygaragedoors.com

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

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

APT Maintenance, Inc. Keith Berry | 510-747-9713 www.aptmaintenanceinc.com Christopher Simmons 510-776-2697 c2thejay44@gmail.com

DOORS & GATES

HUMAN RESOURCES MANAGEMENT

FINANCIAL PLANNING

Gordon Insurance Pamela Hutchins | 877-877-7755 www.gordoninsurance.com The Greenspan Co./Adjusters Int’l.

Rich Hallock | 866-331-4790 www.greenspan-ai.com PFN Insurance Services Nicholas Penland | 510-483-6667 www.pfninsurance.com Jain L. Williams - State Farm Insurance Jain L. Williams | 510-530-3222 www.jainwilliams.com Kelly Lux — State Farm Insurance Kelly Lux | 510-521-1222 Kelly.lux.gjcg@statefarm.com Pacific Diversified Insurance Richard Callaway | 925-788-5558 rcallaway@pdins.com

HAULING SERVICES

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

INTERNET & PHONE SERVICE PROVIDERS

Sonic Leah Gulley | 707-237-2459 www.sonic.com

HEATING & AIR CONDITIONING

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

INTERCOMS & ACCESS CONTROLS

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

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

INVESTMENT OPPORTUNITIES

HOUSING SERVICES

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

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

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

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

LAUNDRY EQUIPMENT

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

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

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

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

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

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

POWER WASHING

LAUNDRY MACHINE PAYMENTS BY SMARTPHONE

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

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

PRIVATE INVESTIGATIONS

LEAD, MOLD & PEST MANAGEMENT

Alameda County Healthy Homes Dept.

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

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

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

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

PROPERTY MAINTENANCE

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

LOCKSMITH EVICTION SERVICES

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

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

PACKAGE LOCKERS & DELIVERY MANAGEMENT

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

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

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

PAINTERS

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

PROPERTY MAINTENANCE SOFTWARE

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

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

PEST & VECTOR CONTROL

PROPERTY MAINTENANCE SUPPLIES

Alameda Co. Vector Control Services Daniel Wilson | 510-567-6826 daniel.wilson@acgov.org Burge Pest Control Rich Crawford | 888-292-7378 www.burgepest.com

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

Bay Property Group Daniel Bornstein | 510-836-0110 www.baypropertygroup.com

California American Exterminator Tami Stuparich | 831-338-4800 www.calamericanext.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 Mynd Stacy Winship | 510-455-2667 www.mynd.co OMM Inc./Mason Management Janice Mason | 510-522-8074 www.ommhomes.com Premium Properties Sam Sorokin | 510-594-0794 www.premiumpd.com Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com Shaw Properties Judy Shaw | 510-665-4350 www.shawprop.com Sphinx Property Management Jon Goree | 510-798-9299 www.sphinxpm.com Vision Property Management Frank Thomas | 510-926-4104 www.vpmpropertymanagement.com Wellington Property Company Jillian Loh | 510-338-0588 www.wellingtonpropertyco.com Woodminster Property Management Nicholas Drobocky | 510-336-0202 www.woodminstermanagement.com PROPERTY MANAGEMENT SOFTWARE

On-Site Janis Rossi | 408-795-4167 www.on-site.com

REAL ESTATE BROKERS & AGENTS

Beacon Properties Carlon Tanner | 510-428-1864 www.beaconprop.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Terminix Robert Sater | 510-489-8689 www.terminix.com Western Exterminator Company Steve McHenry | 510-606-0602 www.westernexterminator.com PLUMBING/WATER HEATERS

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

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

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

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

Keller Williams Commercial Real Estate Michael Lopus | 925-683-6143 mlopus@kw.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 | 510-336-4721 www.nainorcal.com NAI Northern California Timothy Norkol | 510-336-4724 tnorkol@nainorcal.com The Pinza Group Steven Pinza | 510-725-4775 www.pinzagroup.com Property Counselors Link Corkery, Inc. Nadine Corkery | link@linkcorkery.com www.pclclink.com Red Oak Realty Vanessa Bergmark | 510-292-2000 vanessa@redoakrealty.com Seville Real Estate and Management Maya Clark | 510-610-7699 www.homesbyseville.com Sharon Medairy, Realtor® Real Estate Source, Inc. | 510-517-9969 www.medairy.net Six Degrees Realty Stephanie Christmas | 510-461-4663 www.stephaniechristmas.com Woodminster Real Estate Co Inc. Nicholas Drobocky | 510-336-0202 www.woodminsterrealty.com RECYCLING/REUSE

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

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

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

St. John & Associates Michael St. John | 510-845-8928 www.stjohnandassociates.net RENTAL SERVICES

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

A-One Construction Eva Morrissey | 510-347-5400 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 SECURITY/SURVEILLANCE

All-Guard Alarm Systems Sean Cooke | 510-909-7230 www.allguardsystems.com Bastion Security David Raske | 800-783-5700 draske@bastionsecurity.com

SOLAR ENERGY

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

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

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

Ken Betts Towing Service Ayub Azam | 510-532-5000 www.kenbettscompany.com PPI Towing Stephanie Gipson | 510-533-9600 www.ppitowwing.net TREE SERVICE

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

Swords to Plowshares Norman Thomas | 510-844-7500 www.swords-to-plowshares.org WASTE & COMPOST COLLECTION

Junk King Contra Costa Krishna Vepa | 925-954-5420 krishna.vepa@junk-king.com Waste Management Company Karen Stern | 510-430-8509 www.wastemanagement.com WASTE & RECYCLING MAINTENANCE

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

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

Sentry Alarm Systems 800-424-7773 www.sentryalarm.com

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

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

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

SEISMIC CONSTRUCTION

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

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

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

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

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

|

OCTOBER 2018

|

RENTAL HOUSING 33

Statement of Ownership, Management and Circulation 1.

2.

3.

4.

5.

6.

7.

Publication Title: Rental Housing Publication Number: 23266 Filing Date: 9-28-18 Issue Frequency: Monthly Number of Issues Published Annually: 12 Annual Subscription Rate: $36 Complete Mailing Address of Known Office of Publication: 3664 Grand Ave, Suite B, Oakland, CA 94610; Contact Person: Tina Bocheff; Telephone: 510-893-9873.

8. Complete Mailing Address of Headquarters or General Business Offices of Publisher: EBRHA, 3664 Grand Ave, Suite B, Oakland, CA 94610.

9. Full Names and Complete Mailing Address of Publisher and Editor: Publisher: Wayne Rowland, 3664 Grand Ave, Suite B, Oakland, CA 94610; Editor: Tina Bocheff, 3664 Grand Ave, Suite B, Oakland, CA 94610; 10. Owner: East Bay Rental Housing Association, 3664 Grand Ave, Suite B, Oakland, CA 94610 11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: None.

12. Tax Status: Has Not Changed During Preceding 12 Months.

13. Publication Title: Rental Housing.

14. Issue Date for Circulation Data Below: August 01, 2018.

15. Extent and Nature of Circulation: Monthly - Trade Publication

AVERAGE NO. COPIES EACH ISSUE DURING PRECEDING 12 MONTH

NO. COPIES OF SINGLE ISSUE PUBLISHED NEAREST TO FILING DATE

1,600

1,600

a. Total Number of Copies

ad index

PRODUCTS & SERVICES APPLIANCE PARTS & SALES

Appliance Parts Distributor. . . . . . . . . . . . . 25 ATTORNEYS

The Evictors. . . . . . . . . . . . . . . . . . . . . . . . . . 23 Fried & Williams LLP. . . . . . . . . . . . . . . . . . . 17 BUILDING MATERIALS/HARDWARE

Urban Ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 CARPETING & FLOORING

Bay Area Contract Carpets, Inc.. . . . . . . . . 21 CONSTRUCTION

West Coast Premier Construction. . . . . . . 23 ENGINEERS

Earthquake and Structures, Inc.. . . . . . . . . 27

b. Paid Circulation (1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541:

461 468

(2) Mailed In-County Paid Subscriptions Stated on PS Form 3541:

956 975

(3) Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS:

0 0

(4) Paid Distribution by Other Classes of Mail Through the USPS:

0 0

c. Total Paid Distribution:

West Coast Premier Construction. . . . . . . 23 HOUSING SERVICES

Abode Services. . . . . . . . . . . . . . . . . . . . . . . 35 LAUNDRY

Wash Multifamily. . . . . . . . . . . . . . . . . . . . . . 27

1,417

1,443

LENDERS

JPMorgan Chase Bank. . . . . . . . . . . . . . . . . 24 PLUMBING

d. Free or Nominal Rate Distribution:

(1) Free or Nominal Rate Outside-County Copies included on PS form 3541:

0 0

(2) Free or Nominal Rate In-County Copies Included on PS Form 3541:

0 0

PROPERTY MANAGEMENT

(3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS:

0 0

Maisel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

(4) Free or Nominal Rate Distribution Outside the Mail:

e. Total Free or Nominal Rate Distribution:

133 107 107

1,550

1,550

50

50

h. Total:

1,600

1,600

i. Percent Paid:

91%

93%

g. Copies not Distributed:

(a) Paid Electronic Copies:

(b) Total Paid Print Copies + Paid Electronic Copies:

1,417 1,443

(c) Total Print Distribution + Paid Electronic Copies:

1,417 1,443

(d) Percent Paid:

100% 100%

0 0

Liz Hart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ROOFING SERVICES

Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 27

WASTE AND RECYCLING MAINTENANCE

Bay Area Bin Support. . . . . . . . . . . . . . . . . . 15 WATERPROOFING

17. Publication of Statement of Ownership will be printed in the October 1, 2018 issue of this publication.

18. Signature and Title of Editor, Publisher, Business Manager, or Owner: (signed) Tina Bocheff, Editor; Date: September 25, 2018.

| OCTOBER 2018 |

RENT CONTROL CONSULTANTS

General Roofing Co. . . . . . . . . . . . . . . . . . . . 21

16. Electronic Copy Circulation:

34 RENTAL HOUSING

PROPERTY MANAGEMENT & SALES

Beacon Properties. . . . . . . . . . . . . . . . . . . . . 17 133

f. Total Distribution:

Albert Nahman Plumbing . . . . . . . . . . . . . . 23

ebrha.com

Applied Waterproofing Systems . . . . . . . . 17 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.

COMMUNITY RENTAL PROPERTY OWNERS Partnering with Abode Services to End Homelessness WORKING WITH THE HOUSING MARKET

WORKING WITH RENTAL PROPERTY OWNERS

More so than any other nonprofit in the region, Abode Services possesses the necessary expertise to achieve permanent housing outcomes in the Bay Area rental market. We work directly with rental property owners to open up the market to families and individuals experiencing homelessness in Alameda, Napa, San Mateo, and Santa Clara Counties. We couple our rental assistance with intensive services to keep hundreds of households stably housed. This strategy is a major piece in our evidence-based Housing First approach that works to end cycles of homelessness, not simply manage it.

We partner with community rental property owners to create a situation that benefits everyone involved. In return for providing units of housing, we offer rental property owners a range of services and incentives, including: n Free assistance finding and screening tenants who seek long-term housing n On-time payments every month n On-call and assigned Abode Services staff to respond to rental property owners’ concerns n Higher security deposits that meet rental property owners’ needs n Free inspections to keep units up-to-date with Housing Quality Standards We work with our participants on being responsible tenants as well as building financial and personal stability to maintain their housing.

$16 million: Direct payments to rental property owners and property managers annually.

INTERESTED IN WORKING WITH US?

1,300+: Rental property owners actively leasing with Abode Services or our participants since 2013.

If you are a rental property owner — or know someone who is — with a current or anticipated vacancy, we are interested in hearing from you.

2,246: Individuals housed on a given night, instead of being homeless.

Find out how partnering with Abode Services can help you achieve your financial goals and make a difference in your community.

2,690: Active rental units since 2013.

Please contact us at landlords@abodeservices.org or 1.800.811.0393, or visit www.abodeservices.org/landlords.

Abode Services is one of the largest and most effective nonprofits working to end homelessness in the San Francisco Bay Area. Learn more at abodeservices.org.

Because everyone should have a home.

Louis Chicoine Executive Director 510.657.7409, ext. 206 lchicoine@abodeservices.org

Vivian Wan Chief Operating Officer 510.657.7409, ext. 212 vwan@abodeservices.org

THIS NOVEMBER, FOUR HARMFUL AND EXPENSIVE BALLOT MEASURES THREATEN TO WORSEN THE HOUSING SHORTAGE AND PUT YOUR FUTURE AT RISK. Statewide: Proposition 10, the so-called “Affordable Housing Act”: Repeals Costa-Hawkins Rental Housing Act Subjects single-family homes, condos and units built after 1995 to rent control Creates potential for different rent control rules in 482 cities across the state Requires a new vote of the people to correct even obvious flaws

Oakland: Measure Y - Remove Protections for Small Property Owners:

Removes 2 and 3-unit owner-occupied exemption from Just Cause ordinance (Measure EE) Subjects owners to expensive legal battles just to have peace at home Pushes owners to remove properties from rental market, shrinking housing supply Grants city council new authority to add eviction defenses, making it harder for owners to keep control of properties

Measure W - Vacant Property Tax - A $200,000,000 Tax Increase: Imposes a parcel tax for properties in use less than 50 days during a calendar year Residential homes: $6,000 per parcel Non-residential & Undeveloped: $6,000 per parcel Condominium or duplex: $3,000 per vacant unit Parcel with ground floor commercial: $3,000 per parcel

Measure AA - Parcel Tax - A 1 Billion Dollar Tax Increase:

One of the largest parcel tax proposals in Oakland’s history ($198 per home and $135.25 per unit per year) $30,000,000 a year for 30 years will be distributed to organizations without accountability or a track record of success Homeowners are already paying for 6 separate parcel tax measures to support schools No guarantee the funds will be used for the stated purpose No public oversight and no program in place

THE TIME TO JOIN THE FIGHT IS NOW!

REGISTER TODAY FOR PHONE BANKING AND CANVASSING WWW.EBRHA.COM/EVENTS