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East Bay Rental Housing Association
Volume X, Number 4 April 2013 EBRHA OFFICE
360 22nd Street, Suite 240 Oakland, CA 94612 tel 510.893.9873 fax 510.893.2906 www.ebrha.com EBRHA STAFF EXECUTIVE DIRECTOR | Jill Broadhurst
Features & Columns
email@example.com | x3 DIRECTOR OF OPERATIONS | Cathy Hayden firstname.lastname@example.org | x1 DIRECTOR OF ADVERTISING SALES | Tina Bocheff email@example.com | x6 PUBLICATIONS & COMMUNICATION PRODUCER
Esteban Cortez | firstname.lastname@example.org | x5 MEMBER SERVICES, EDUCATION & ACCOUNTING Danielle Walker | email@example.com | x2 EBRHA OFFICERS PRESIDENT Wayne C. Rowland 1ST VICE PRESIDENT Irina Gelfenbeyn 2ND VICE PRESIDENT Luke Blacklidge TREASURER Conor Murphy SECRETARY Jack Schwartz EBRHA DIRECTORS
A Green Solution for Mattress Disposal
BY MIYA KITAHARA
BY ESTEBAN CORTEZ
New Oakland Graffiti Ordinance in Effect
Events & Directory
When Using Used Was a Mandate
34 THE GREEN SHEET 36 COMMUNITY CALENDAR 38 M EMBER DIRECTORY 42 M EMBERSHIP APPLICATION 42 A D INDEX
BY DAN KNAPP
Q&A on ADA BY RON KINGSTON
| APRIL 2013 |
ESQ. & A BY VARIOUS AUTHORS
4 RENTAL HOUSING
EDITOR Tina Bocheff
Rental Housing is published monthly for $36 per year by the East Bay Rental Housing Association (EBRHA), 360 22nd Street, Suite 240, Oakland, CA 94612. Rental Housing is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in Rental Housing are those of the author and do not necessarily reflect the viewpoint of EBRHA or Rental Housing. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the services of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered. Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright ÂŠ 2013 by EBRHA. All rights reserved.
COVER PHOTO: DANIEL PARKS
EBRHA Communications Committee Tina Bocheff, Esteban Cortez, Irina Gelfenbeyn, Wayne C. Rowland
Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 360 22nd Street, Suite 240, Oakland, CA 94612.
Tina Bocheff | 510.318.8303
BY MILA ZELKHA
Wayne C. Rowland
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PROTECT YOUR BOTTOM LINE
MIYA KITAHARA Miya Kitahara provides outreach for StopWaste.Org’s Green Building in Alameda County multifamily programs. StopWaste. Org is a public agency that designs and implements environmental programs on behalf of Alameda County and its 14 cities, including administering the Energy Upgrade California local program. She has a background in green management practices in local governments and small businesses, and holds an MBA in Sustainable Enterprise.
ONLINE TENANT SCREENING Call Today 510.893.9873
JOHN (J.R.) RICHARDS J.R. Richards’ practice focuses on developing long term client relationships representing their interests in both transactional matters and civil litigation. He represents both plaintiffs and defendants primarily in real estate and business disputes and has successfully litigated cases through dispositive motion, trial and settlement in state and federal courts. He serves as the chairman of the Alameda County Bar Association Real Estate Executive committee, and is a volunteer landlord/tenant attorney with the Alameda County Bar Association Volunteer Legal Services Corporation (VLSC).
MILA ZELKHA Mila Zelkha, EBRHA Board Member and founder of Wrecking Belle Inc. and Mint Condition Homes LLC, is a social entrepreneur who combines architectural design, green building practices, historic preservation and socially responsible investing to help local communities in the Bay Area. Mila’s work has been recognized by the Oakland Heritage Alliance, was named Build It Green’s “Green Building Champion of 2010,” and received a Resolution of Recognition from the Oakland City Council in 2011 for transforming distressed properties into quality, affordable housing.
EBRHA provides members with low-cost online resident screening. Partnered with Contemporary Information Corp. (CIC), resident screening has one objective: to make sure your leasing decisions make the greatest possible contribution to your bottom line. As of April 2009, landlords can collect a maximum of $44.51 for an application fee. MEMBER PRICING Basic Report . . . . . . . . . . . . $13 Telecheck. . . . . . . . . . . . . . . . $6 Criminal and DMV checks are available, as well as social security traces.
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DAN KNAPP Dan Knapp serves as Chief Executive and General Manager of Urban Ore resource recovery park in Berkeley. Founded in 1980, Urban Ore grosses over $2.6 million annually, and diverts approximately 8,000 tons of waste per year from the landfill. Dan has a Ph.D in Sociology from the University of Oregon. Prior to Urban Ore, he worked for county government in Oregon and taught for six years at what is now the University of Illinois - Springfield. 6 RENTAL HOUSING
| APRIL 2013 |
East Bay Rental Housing Association 510.893.9873 | FAX 510.893.2906 ebrha.com TEL
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Graffiti along the side of housing in the East Bay
New Oakland Graffiti Ordinance in Effect and City Councilmember Nancy Nadel recently co-sponsored a revised graffiti ordinance adopted by Oakland City Council. This was in response to a costly and pervasive problem in Oakland: graffiti vandalism. “Not only does graffiti take away from the livability and beauty of our City — it also has a chilling effect on our neighborhoods, and can encourage more serious blight and crime,” City Attorney Parker said. “Graffiti is costing building owners and those forced to look at it money and peace of mind,” Councilmember Nadel said. “This ordinance takes a comprehensive approach to provide the city with better tools to eliminate the blight and disrespect that graffiti represents.” OAKLAND CITY ATTORNEY BARBARA PARKER
Currently, the municipal code only includes a prohibition against the sale of graffiti tools to minors and abatement procedures for vandalized properties. It does not include penalties against vandals or other remedies available under state 8 RENTAL HOUSING
| APRIL 2013 |
law. The ordinance submitted by Parker and Nadel will revise the City’s Municipal Code (Chapter 8.10) to include the following: 1) Enhances penalties for persons applying graffiti including citations, civil penalties, treble damages and punitive
damages; 2) Parents of an underage graffiti violator can be liable for the minor’s graffiti; 3) Permits the City Council to set up a fund for businesses and people who have been victimized multiple times, provided the victim has taken affirmative steps to reduce the likelihood of graffiti; 4) Requires businesses or property owners with graffiti on their property to remove it 10 days after notice; 5) Adopts state law allowing the City to lien the property of graffiti offenders after a criminal conviction; 6) Permits the City Council to provide rewards for identification of graffiti violators; 7) Permits recovery of the City’s and victim’s costs from the perpetrator, including costs of investigation and attorney’s fees; 8) Merchant associations or Business Improvement Districts can recover their costs; 9) Retains existing prohibition on sale of graffiti tools to minors; 10) Classifies graffiti as a public nuisance; 11) Makes graffiti a misdemeanor, rather than an infraction; 12) And allows for use of restorative justice in lieu of penalties. “Property owners and businesses are tired of paying to clean up graffiti, and then having to pay again the next month or the next week or the next day,” Parker said. “Oakland is struggling to recover economically, and pervasive vandalism only slows down our recovery by discouraging businesses to open or remain in Oakland. This ordinance will create Oakland’s first comprehensive program to deter vandals and help victims.”
City of Oakland Welcomes New Staff to Key Economic Development, Planning and Building Positions Oakland Mayor Jean Quan and City Administrator Deanna J. Santana welcomed Rachel O’Dwyer Flynn as Planning and Building Director, and Kelley Kahn as Economic and Workforce Development Director. These two leadership positions will play an active role in driving Oakland’s future economic growth. “Making Oakland as business-friendly as possible and creating jobs are two major areas of focus for my administration,” Mayor Quan said. “There are many exciting possibilities and opportunities for our city right now, and it was important to find the right people to make
PHOTO: MIKE LINKSVAYER
Oakland’s promise a reality. I’m pleased that we found Ms. Flynn and Ms. Kahn to take leadership roles on our team, because they both have strong visions for getting us there.” “I’m excited to have these two professionals join the City of Oakland in key positions that will propel investment and development in Oakland,” said City Administrator Santana. “Ms. Flynn’s demonstrated ability to streamline processes for greater efficiency will greatly benefit efforts already underway within the Department of Planning and Building.” Flynn will manage a staff of more than 125 in the Department of Planning and Building, including permit and code enforcement inspectors, development review and zoning staff, engineering and architectural plan checkers and major projects and strategic planners. She will oversee the ongoing overhaul of the Building Services division based on recommendations made by Management Partners following their extensive evaluation which concluded in September 2012. Through her leadership, the City’s planning and permit functions will serve as strong facilitators of sustainable economic development and growth within Oakland. Kahn will lead the Office of Economic and Workforce Development with more than 20 staff members, including a team of industry specialists working in business attraction, retention and expansion as well as staff members who monitor city-funded job training programs, support the Workforce Investment Board, administer the Enterprise Zone program, market Oakland as a business location and oversee the City’s public art and cultural funding programs. In addition to spearheading the City’s business attraction and retention efforts, she will be a member on the City’s team that is advancing major projects such as the Coliseum City plan and the redevelopment of the Oakland Army Base.
The 2013 NAA Education Conference & Expo Almost Here Sir Richard Branson, business icon and leader in innovation and customer service will be the keynote speaker at the Opening General Session of the 2013 NAA Education Conference & Exposition in San Diego, June 19-22. Branson, international business magnate and founder of the Virgin Group — one of the world’s most recognized and respected brands — is well known for his entrepreneurial spirit, unrivaled network and transformational leadership style. Expect to hear insights into how he’s identified new markets, engaged stakeholders and how he’s challenged legacy players to win market share. The benefits of attendance don’t end there—awaiting you in San Diego are practical, take-home tactics from general and breakout sessions, as well as the opportunity to explore cutting-edge products and services from multifamily supplier partners during the trade show. Don’t delay — registration for the 2013 NAA Education Conference & Exposition is open. To register for the expo and for more information, visit educonf.naahq.org/ emailregister. RH
STRENGTHEN YOUR FRONT LINE TO INCREASE YOUR
WITH CERTIFIED APARTMENT MANAGER (CAM) TRAINING COURSES Leasing professionals and community managers are the backbone of apartment communities. So with improved and polished skills, your front line staff can help to increase your bottom line, even in this economy. Register your leasing employees and managers who have at least one year of apartment industry experience for the Certified Apartment Manager (CAM) training courses. DATES MONDAY, MAY 6 - FRIDAY, MAY 10 (CAM EXAM WILL TAKE PLACE IN LATE MAY AT AN OFF-SITE LOCALE) TIME 9:00 A.M. - 5:00 P.M. LOCATION EBRHA EDUCATION CENTER 360 22 ND ST., SUITE 240, OAKLAND I NSTRUCTOR DOUG CHASICK, CAPS, CPM, SLE
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RENTAL HOUSING 9
the company employs around 19 people, including drivers and general warehouse employees. Robert joined in early 2012 as the facilities director and oversees operations at DR3. He is looking forward to improving operations at DR3 and watching it expand. A Demanding Process With approximately 22 mattress collection trailers in 17 cities throughout Northern California, DR3 recycles an average of 492 mattresses every day. Boxsprings and mattresses are collected from various sources including transfer An inside look at one of the world’s largest mattress stations, landfills, hotels and other busirecycling centers. nesses. Most end up at the Oakland facilBY ESTEBAN CORTEZ ity, where they undergo a labor-intensive process, Robert explained. The recycling process begins by deconstructing mattresses into their separate components: wood, metal, textiles and batting. Although DR3 uses some large and powerful equipment to break down some of the components, most of the process calls for deconstructing by hand using small tools and personal strength. Once all components of a mattress are separated, they are then sorted and sold to various buyers for re-use. Wood is used in mulch, compost or energy production, while metal springs are sold to metal dealers. Cotton and fabrics are used in the textile market, and a portion of the cotton helps clean up oil spills. The remaining parts — about 10% — are waste and end up in landfills. Just Pictured: Robert Jaco at the DR3 Recycling facility in Oakland. recently, Robert found a buyer for the ay Area native Robert Jaco enduralator pad often found in matuse, Recycle — was founded in 2000 as never considered himself green tresses, which before last month always a subsidiary of the St. Vincent de Paul or environmentally conscious. ended up in landfills. He is proud to say Society of Lane County, a nonprofit But after joining the team at the that DR3 now recycles approximately charity based in Eugene, Oregon. It was Oakland and Oregon-based mattress 90% of a mattress, eliminating up to 26 originally founded to show local St. recycling company, DR3 Recycling, that cubic feet in landfills. Vincent de Paul charities how to recycle all changed. This entire process is performed on and gain product for their stores, but Every month, along with more than 10,000 mattresses a month in just the founders Terry McDonald and Arthur a dozen DR3 employees, Robert helps Oakland facility, making it one of the Taylor — who happens to be Robert’s break down and recycle more than largest mattress recycousin — realized that 10,000 mattresses in a 25,000 square “I never thought clers in the world. The they were doing a good foot facility located in East Oakland. about recycling until Oregon facility averages thing for the charity and And although Robert is fairly new to I started working at around 2,500 to 3,000 a for the environment. the team at DR3, having joined a little DR3, but we’re doing month. Since then, the focus of over a year ago, the company has a long DR3 has been collectsomething green history. for the environment Legislation and ing used mattresses for and for a company Public Support recycling. Humble Beginnings that helps people in Recently, the topic of At first, DR3 had only DR3 — short for Divert, Reduce, Reneed.” mattress recycling and three employees. Today,
A Green Solution for Mattress Disposal
10 RENTAL HOUSING
| APRIL 2013 |
PHOTOS: ESTEBAN CORTEZ
illegal dumping has been an issue in state politics. In February, Senator Loni Hancock of Berkeley introduced a bill to create a recovery and recycling program for used and unwanted mattresses. The measure, also known as bill SB 254, is similar to a bill she introduced last year which passed the State Assembly but died on the Senate floor. There is currently no law addressing the problem of illegally dumped mattresses. SB 254 would require mattress manufacturers to submit a recovery and recycling plan to CalRecycle by April 1, 2015. Consistent with existing state policy, the plans would have a goal of recycling at least 75% of used mattresses in California by January 1, 2020. Such legislation, as well as the positive response from East Bay Rental Housing Association members, has pushed Robert to develop new collection strategies and is considering a pick-up service in the Bay Area to cater to rental housing managers and owners. “EBRHA is a major factor in what we plan to do in the future,” Robert said. He understands that mattresses and large, bulky furniture are difficult to get rid of, especially in the property management business, when tenants abandon their property and force owners to dispose of it properly. “Mattresses are really inconvenient to get rid of, and there are no other companies like us, so people need our service,” he said. “They can pay up to $69 dollars at a landfill, as opposed to paying DR3 just $7 per mattress.” Before implementing DR3’s new plan, he’d like to get more feedback from local landlords to see how he can best assist them with recycling bulky items. With the implementation of his strategy, he hopes to see less abandoned mattresses and furniture on Bay Area streets. Not a Dull Moment Although Robert very much enjoys his job at DR3, he said he hasn’t seen anything too out of the ordinary. “Cats occasionally come running out of trailers and will make you jump,” he said. “They sometimes jump in the trucks from different landfills.”
A Tour of One of the World’s Largest Mattress Recycling Companies
DR3 Recycling uses some large and powerful equipment to deconstruct 10,000 mattresses a month, but most parts are separated by hand.
Though most mattress items are taken apart by hand, DR3 uses a sheer machine that separates steel from wood in boxsprings.
Boxsprings and mattresses are collected from various sources including landfills, hotels or through drop-off. Robert has seen a great response from EBRHA members, and is working on a strategy to assist landlords.
RENTAL HOUSING 11
UPCOMING WORKSHOPS IN-DEPTH
Fair Housing Best Practices & Your Rental Business D ATE & TIME TUESDAY, APRIL 2; 1:00 P.M. - 2:30 P.M. SPEAKER Angie Watson-Hajjem, ECHO Housing TOPICS • Who is Protected?, Disability Issues, Families with Children, Occupancy Standards, Advertising Units, Best Practices PRICE Members: $39; Non-members: $69
Landlord 101 D ATE & TIME WEDNESDAY, APRIL 3; 2:00 P.M. - 3:30 P.M. SPEAKER Danielle Walker, EBRHA TOPICS • 2013 Laws, Tenant Screening, Evictions, Application Process, Fair Housing, and more PRICE Members: Free; Non-members: $49
Landlord 102 D ATE & TIME WEDNESDAY, APRIL 10; 2:00 P.M. - 3:30 P.M. SPEAKER Danielle Walker, EBRHA TOPICS • Licenses and Fees, Lease Agreements, Deposits, Rent Increases, Oakland RAP Form, Addendums, Legal Notices PRICE Members: Free; Non-members: $49
The 3-day Notice to Pay Rent or Quit D ATE & TIME THURSDAY, APRIL 11; 1:00 P.M. - 2:30 P.M. SPEAKER Cindy Lee, Attorney and Jo Biel, Paralegal TOPICS • Properly Serving and Preparing a Three-day Notice to Pay Rent or Quit, Proof of Service for the Three-day Notice PRICE Members: $39; Non-members: $69
Megan’s Law & Its Challenges in Your Rental Business
And although the prevalence of bedbugs in the Bay Area is a big issue, Robert explains that he rarely sees them in his facility — though DR3 does have a procedure to properly dispose of infested mattresses. Helping Others He’s excited that DR3 is making such a big impact in the world of recycling in the Bay Area and throughout California. He never expected that he’d end up in the recycling industry when his daughter pushed him to see what the facility in Oakland was doing just a couple of years ago. “I can’t make any money doing this,” he thought. But within 15 minutes of touring the facility and learning about the recycling process and its impact, he knew he wanted to get involved. Just one year ago, he wouldn’t have called himself a green person. Now, he does, and tries to be as green as possible in every aspect, constantly asking himself if certain items can be recycled or sold by DR3. “I like what we’re doing here,” Robert said. “I never thought about recycling until I started working here, but we’re doing something green for the environment and for a company that helps people in need.” That’s what he enjoys most of all. RH Esteban Cortez is EBRHA’s Publications and Communication Producer. To learn more about DR3 Recycling, visit www.mattressrecycling.us or call (510) 351-0520.
D ATE & TIME WEDNESDAY, APRIL 24; 2:00 P.M. - 3:30 P.M. SPEAKER Clifford Fried, Fried & Williams LLP TOPICS • How Megan’s Law Started, How Offenders Get on the List, Landlord Responsibilities, Tenant Screening Do’s & Dont’s PRICE Members: $39; Non-members: $69
New in-depth workshops now offered monthly: Members: $39; Non-members: $69
All classes and workshops are held at the EBRHA Education Center 360 22nd St., Suite 240, Oakland
Landlord series remains free for members.
Registration: Danielle Walker, email@example.com, 510.318.8300
12 RENTAL HOUSING
| APRIL 2013 |
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When Using Used Was a Mandate
Generous grant inspired creative green renovations at Berkeley’s Urban Ore. BY DAN KNAPP
south, almost in a straight line. Moving there would be hard, but the site had worthwhile features: a 30,000 square foot building, paving everywhere, three other smaller sheds on just over three acres, and a nearby freeway exit and onramp to Ashby Avenue. If only we could get it, Urban Ore would be saved! We got it, and signed a Many renovations in Urban Ore’s warehouse utilized green contractors and re-use materials. lease in late 1999. On the second day of the year n 1999, the last year of the mil2000, we started moving. lenium — and after years of denial We finished the move more than mixed equally with hope — I two years later. The reason it took so concluded that Urban Ore, the Berkelong to move was that the main buildley reuse and recycling business that I ing on the new property, formerly a started at the Berkeley landfill, had to be 30,000 square foot factory that made moved. Everybody on staff liked Berkehuge pipes, was in need of substantial ley and we all wanted to stay in town if renovation to bring it up to code for the we could. new use. The city said we couldn’t use But where to go? Over two decades, the building until the renovations were Urban Ore had grown tenfold from done. That meant we could move half three employees, including me, to over the business to the outside areas, but 30. (The 2013 staff count is 38, and not all. Work with the city produced a payroll is about $1.6 million). The long list of mandated changes, including business sat on almost three acres of a seismic retrofit and a pair of disabledBerkeley real estate. There were two access bathrooms. The changes required landlords. Both properties were owned design, approvals, engineering, builders by elders who wanted to sell, not lease. and skilled craftspeople. Neither Urban Ore nor I could afford to Hand in hand with convincing the buy their land at the price they required. landlords we would be good, reliable, There was only one site up for lease responsible tenants was convincing elsewhere in Berkeley that was big funding authorities to come up with $1 enough at the time. It was two miles million that we did not have. Eventually
14 RENTAL HOUSING
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the city, county and state all got involved. Most of the money was loaned, but there was one more grant we needed. To get the grant of $200,000 from the State, we promised to use recycled content or reused materials whenever and wherever possible in the build-out, and we had to write a report charting our successes and failures. Green Was Everywhere When you’re the steward for a bunch of investment capital, you can get the attention of any number of contractors pretty easily. Finding contractors who knew how to source recycled and reused content materials did not prove to be especially difficult. Many of our contractors and professionals gave us valuable leads and connections. The result was that we used recycled and reused content extensively throughout the project. Here are the main materials we used, by project. Seismic Retrofit for the Main Building Urban Ore’s general contractor used recycled content steel made up into about 450, 30 foot-long, 2 inch-thick solid steel rods (with turnbuckles) that were then welded crosswise to the I-beams holding up the building. We installed 10,000 recycled bolts, and we drilled 10,000 holes in the existing steel holding up the roof. Pattern and placement was dictated by the engineer. Each tie-rod created two triangles out of what had been a square. Triangles made the squares far stronger and more stable. Recycled-content concrete was used to triple the size of the footings at the bottom of thirty of the large steel I-beams holding up the roof and roof trusses. I’ve been in one earthquake while inside the building since the retrofit. Alone at the time, I felt perfectly safe as the 450 tie-rods (which normally don’t touch) clattered and slapped noisily together throughout the huge building. New 30,000 Square Foot Floor We found a paving contractor who put down a smooth recycled-content asphalt floor laid on 1” thick over the old patched and pitted concrete/asphalt floor.
PHOTO: ESTEBAN CORTEZ
Disabled-access Bathrooms From our own stock, we found sufficient reusable floor and wall tiles; low-flow toilet and sink fixtures; faucets; fire-rated doors, hinges and locksets, and mirrors. We bought reused bathroom stalls; recycled paint; recycled-content iron sewer pipes; and insulation batts made from blue denim off-cuts. The guys who installed this insulation loved the stuff; they called it “insulation without the itch” because fiberglass insulation puts out clouds of tiny slivers of glass that irritate the skin, and denim does not. The exterior walls of the bathroom structure were sheathed in reused wood and stainless steel in an artful pattern that our architect Mark Gorrell dreamed up. The railings on the mezzanine floor above the bathrooms were made by Mark’s stepson Max Bechtle out of 100% reused wood and steel elements. Each eight foot section used a different combination of found and reused elements. Staffers built a long wall to shelter our sorting and processing area from the retail areas; the wall
used about fifty funky doors attached to a rigid structure made of reused lumber. Reused windows cut into the exterior wall allowed us to show off the blue denim insulation stuffed inside the six inch thick walls. The bathrooms are very quiet compared with the big-city sounds outside the structure. 137 Broken Windows These were replaced by a contract glazier who used glass panes supplied by Urban Ore. We gave him big pieces of window glass taken from rotted-out windows. He cut the glass into smaller panes and fitted them into the steel frames. This excluded the flock of pigeons that had colonized the building for years. The glass offcuts went into our plate glass bin for recycling into fiberglass by Strategic Materials in Fremont. Lighting Upgrade We replaced the odious sodium-vapor lamps with state-of-the art mercury vapor lamps, only to replace them five years
later as they started to fail. The second upgrade used fluorescent T-8s which put out superior light while cutting our electric bill by half. Bulb replacement costs also went down with the T-8s. Nothing Left Out and Nothing Left Over They say necessity is the mother of invention. My favorite green building technique of all that we discovered was a “product substitution” that resulted in zero disposal cost and zero product replacement cost, because it used the same material as was there before. Here’s how it worked. When we did the seismic retrofit, the engineer called for the general contractor to beef up 30 concrete footings buried under a 10 inch-thick concrete floor. To expose the footings, the general contractor cut through the floor and with a small backhoe, dug a pit in a cubic shape about eight feet deep and eight feet to a side. The excavated concrete was taken to a crusher to be made into gravel and sand
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| APRIL 2013 |
for more recycled content concrete or asphalt. A recycled-content steel cage was built around the old footing and recycled content concrete poured into the cage to triple the footing size. The excavated dirt went into a long pile inside the building that was about 10 feet tall, 20 feet wide, and maybe 80 feet long. It sat there for weeks. We were initially told that the dirt pile would have to be hauled to a landfill where we would be charged for dumping it. The hauling would be even more expensive than the tipping fee. Meanwhile, the plans called for the general contractor to bring in gravel to fill the excavation holes so a new floor patch could be laid down. That meant more hauling, and more money. Our team mulled over the problem, and someone said he had an idea that he wanted to check out. Next day he was back with what he called a “compression standard” that we could meet by putting the dirt back into the holes and compressing it mechanically. Men with compacting equipment would pound on it until it met the engineer’s compression standard under test. So that’s what we did. It took a few days, and used every tablespoon of the dirt, with nothing left out and nothing left over. No gravel was required, either. This aptly illustrates a principle I’ve learned that often applies in building green: net costs go down, but labor costs rise a bit while materials costs fall dramatically. And this in turn is a wonderful thing in an economy that needs badly to produce more real work that pays well for people to do. What Can Landlords Do? Landlords, be sure to incorporate reuse into your green renovation plan, and check out local organizations like Urban Ore for used fixtures, doors, windows, and much more. From simple upgrades like CFL lightbulbs, EnergyStar appliances, programmable thermostats to more complex green renovations, there are many ways you can increase efficiency, lower expenses, and reduce your buildings’ carbon footprint. RH Dan Knapp serves as Chief Executive and General Manager of Urban Ore resource recovery park in Berkeley, CA.
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Tenant 18 engagement is key to successful recycling programs RENTAL HOUSING | APRIL 2013 | ebrha.com in apartment buildings.
RECYCLING RULES! There are many simple steps a landlord can take to ensure compliance with new recycling laws. BY MIYA KATAHARA
PHOTO: ESTEBAN CORTEZ
ecycling in multifamily rental properties has long presented a challenge for property owners and managers, with issues such as space limitations, tenant turnover, confusion about what goes in what bin and language barriers. Many property managers, including Joe Walsh, the on-site manager of Hillegass Apartments in Berkeley, a 23-unit property managed by Premium Properties, have taken proactive measures to overcome these challenges. Walsh has succeeded in engaging all 50 tenants in Hillegass’ recycling program, and as a result, only three to four carts of landfill trash are collected per week, a stellar recycling rate for a property of its size. Walsh has attributed much of the success in his multifamily property to growing awareness in the community about the positive impact of proper recycling. However, many properties still have a long way to go and require an additional push. It was with this in mind that the Alameda County Waste Management Authority (ACWMA) effected ordinance 2012-1 in July 2012, requiring multifamily properties with five or more units and commercial properties generating a certain amount of waste to provide adequate on-site recycling for the amount of recyclable material they produce. The ACWMA ordinance follows other local jurisdictions including San Francisco, which passed its local ordinance in 1999, and builds upon the California State law, AB 341, which also went into effect in July 2012, adding specific best practices that aid in compliance. The ACWMA ordinance was adopted as a key strategy to help Alameda County reach the Authority’s long-term waste reduction goals — specifically to ensure that by 2020, less than 10% of the waste sent to landfills is recyclable or compostable material. Multifamily property owners and managers in most of Alameda County are now required to separate recyclables from garbage upon disposal. The ordinance applies to corrugated cardboard, newspaper, mixed recyclable paper, glass, recyclable food and beverage containers, recyclable metal food and beverage cans, and #1 (PET) and #2 (HDPE) plastic bottles. Owners or managers of multifamily rental properties are required to complete the following five steps in order to
comply with the new law: 1) Arrange for collection service of recyclables sufficient to accommodate the quantity and type of materials generated on-site. 2) Provide containers for recyclables at the same location where garbage cans or bins are kept that are large enough to hold all of the recyclables generated on site. 3) Post signs on or near the garbage and recycling containers, indicating which are the garbage containers and which are the recycling containers. Signs must clearly communicate what goes into the recycling containers. 4) Provide tenants with information annually describing where recycling containers are located and how to use them. 5) Provide recycling information to tenants no later than 14 days after move-in and no less than 14 days prior to move out. “Alameda County already has some of the best recyclers in the country and this ordinance will help us go one step further to reduce the volume of recyclables going to landfill,” said Tom Padia, Source Reduction and Recycling Director at the Alameda County Waste Management Authority. “We have been encouraged by the receptivity and enthusiasm among multifamily rental property owners, managers and tenants since the ordinance went into effect and look forward to seeing continued progress.” Early feedback has shown that many multifamily properties are already close to being in compliance. Some have taken proactive steps independently, and others have tapped into assistance and support provided by cities and haulers. Property owners and managers throughout Alameda County, including Walsh, have implemented creative solutions to overcome common challenges faced throughout the compliance process. These best practices are detailed below. While the state law and ACWMA ordinance apply only to multifamily properties with five or more units, these best practices can benefit properties of any size.
Access and Convenience
Many old buildings in Alameda County were not originally ebrha.com
RENTAL HOUSING 19
designed with recycling infrastructure in mind. The property Walsh manages, for example, was built in the 1920s with one trash chute. The chute is still used for waste, but Walsh has added a neatly organized area for recycling and organic bins in the garage. Where possible, however, it’s a good idea to keep the recycling containers in the same area as the garbage containers to make it easy for tenants to recycle when they take out their trash, and indoor solutions are ideal. Common areas, such as mail and laundry rooms, make good recycling locations if they provide sufficient space. Meeting fire safety requirements is another factor that property owners must take into consideration when determining placement of bins, making sure not to block emergency egresses for example. For tenants with recycling facilities in common areas or exterior locations, it’s still important to get in the habit of separating materials inside their units. Solutions include in-unit bins, if space allows, or tote bags specifically designated for recyclables. However, this must go hand in hand with regularly taking out their trash and recyclables, in order to maintain control of pests. Walsh has found that if facilities are in a convenient location for all tenants, this does not become an issue.
The ordinance requires that multifamily properties provide recycling and garbage facilities with sufficient capacity to hold the
materials that accumulate between collections. It’s a good idea for property owners to closely monitor the amount of materials accumulating and adjust their service levels accordingly. In most cities, owners who consistently find that their bins are partially empty can potentially save money by reducing the number or size of their garbage bins.
Walsh has found that color coding signage to match each bin, along with a list of acceptable and unacceptable materials has been very effective in directing tenants to the proper containers. He uses language and images that are catchy and easy for tenants to understand. For example, he addressed the confusion around proper disposal of soiled paper towels in organics with the phrase “If it was ever alive, it goes into the food scraps bin.” He continues to improve and update signage to address particular points of confusion. All signage and instructions should be placed near the recycling bins and in common areas where they can’t be missed. Common challenges with signage are language barriers. A good solution for managers in addressing this issue is to create visual posters, illustrations or graphic flyers with easily recognizable images to clarify what materials belong in what bins.
Ensuring that tenants are actively involved in their buildings’
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FEATURE recycling programs from the beginning stages is crucial to the programs’ success. Managers should provide recycling information to tenants at least once per year and to all new residents when they move in, keeping in mind any language barriers and needs for special materials. Additionally, providing consistent feedback and guidance to tenants who are having difficulties with the new system is a good way to keep tenants actively engaged in the program. Overall, Walsh has found tenants to be engaged in their property’s recycling program and often share suggestions for ways to improve upon it. Other property owners and managers have hosted resident events to discuss how the ordinance affects their property and encourage community camaraderie.
Move-In and Move-Out
Tenant transience is also a major obstacle to effective recycling as tenants often leave behind furniture or other bulky waste and new tenants need to be educated on their property’s recycling program all over again. Additionally, tenants are not always aware that many of the materials left behind are reusable (such as furniture, appliances and mattresses) and can be donated to nonprofits and charities, some of which will pick them up free of charge. A good practice to prevent such confusion is contacting tenants upon move-in and move-out to share information on proper waste disposal and recycling. At Walsh’s site, the popu-
22 RENTAL HOUSING
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lation is 90% students, producing nearly 50% turnover each year. The management team maintains a master move-out list whereby they can contact tenants in a timely manner with move-out recycling information, including a list of local charities where they can donate materials. Multifamily property owners and managers can learn more about the Alameda County Waste Management Authority ordinance and how to comply, as well as find answers to their questions and materials for download, at www.RecyclingRulesAC.org/multi-family. The website also contains information on enforcement for noncompliance. Owners and managers are encouraged to contact their city representatives and local haulers for technical assistance and support. For example, the City of Oakland has helpful resources available on OaklandRecycles. com. “We have been pleased to discover that many multifamily tenants were already avid recyclers,” added Padia of the ACWMA, “and property owners were not only excited about enhancing their onsite recycling programs, but proactive in taking the necessary steps to do so.” RH
Miya Kitahara provides outreach for StopWaste.Org’s Green Building in Alameda County multifamily programs. StopWaste.Org is a public agency that designs and implements environmental programs on behalf of Alameda County and its 14 cities, including administering the Energy Upgrade California local program.
ONE GREEN RENOVATION TIP Your inner pragmatist will thank me later. BY MILA ZELKHA
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Whether it was the pioneering homes of the 1980s and 90s, or the cuttingedge private corporations and institutions of the new millennium that built certified flagship properties, the green building movement has forged its way into the mainstream. Forward thinking governments in partnership with utilities and nonprofit organizations have created policy incentives and raised performance standards that, along with a receptive market1, have cultivated a steady stream of homes and buildings that qualify for a host of certifications. The topics of energy efficiency and resource conservation are now firmly rooted in the national conversation about housing, the economy, and our collective future.2 Even still, the multifamily sector has remained elusive. Multifamily properties represent a significant portion of the housing sector. However, the sector’s fragmented nature has proven too complicated for significant policy to have taken a firm hold on it so far. But not for long. Sure, I can share a couple of renovating tips with you EBRHA members out there that have perhaps been thinking, “Maybe now is the time to try some new things.” Maybe you’re curious if all the hype about energy savings would actually translate into your return on investment. Perhaps there might be some low cost, easy materials to incorporate the next time you have to prep a vacancy for a new tenant. Or maybe you’d be willing to go out on a limb and see if it can help with the marketing of your units. In actuality, the most important and practical tip I can give you is not some cool new material or system, or even a rebate
program. It is this: get familiar with the concept of benchmarking. It is coming to our sector and it is time to anticipate its arrival. Challenges to Implementation Green design — and good design, as the design community contends — incorporates a handful of topics that the U.S. Green Building Council’s LEED rating system has crystallized over the past two decades as: sustainable sites; water efficiency; energy and atmosphere; materials and resources; indoor environmental quality; and innovation in the design process itself.3 But once you have a built structure, continued improvement in these categories falls into the realm of operations and maintenance. In California, approximately onethird of households reside in multifamily buildings.4 Considering the more than 2.4 million existing multifamily dwelling units in California alone, combined with the age of these buildings (nationwide, more than 70% of multifamily housing units were constructed before building energy efficiency codes were established5), the potential for energy savings in this sector is profound.6 However, the types of programs that have worked in other areas of the housing industry have not been easy to transfer or scale into the multifamily sector. As we know from the diversity of EBRHA members, multifamily properties can take a variety of forms, from low-rise buildings under four stories tall to high-rise structures, and from mixed-use buildings that have multifamily housing and commercial space adjacent to each other to
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small structures like converted Victorians that have up to eight units sharing common utilities and systems. This variety in our sector is one of the main reasons we haven’t seen a successful implementation of comprehensive green measures transforming our corner of the marketplace the way we have in the public sector or single family home programs. Another reason is that for multifamily properties, there is a spectrum of “trigger points” or events that usually bring about the opportunity for green upgrades. These include unit turnover, ongoing equipment tune-ups, replacement of equipment that is broken or aging, specific retrofits like seismic work, and building-wide overhaul. A 2011 EPA report evaluating multifamily upgrade programs found that programs up to that date tended to recognize and capture savings from only one of these trigger points. “Because programs don’t focus on the full spectrum of entry points, owners will typically either carry out limited energy improvements that don’t optimize whole-building performance, or they postpone energy upgrades until they are ready for a full building rehab, which may entail years of raising funds.”7 Looking closely at the various trigger events themselves, the scope of the green improvements “vary greatly depending on the age of the building, its condition, the type of occupancy, the history of previous improvements and whether the building is an affordable or market rate property.”8
So maybe you’re thinking, “What does this have to do with me and my property?” There isn’t anyone requiring you to make any upgrades and it sounds like there isn’t even an easy set of incentives out there to try to improve a multifamily building’s operational performance. You have cash flow humming along from your investment, why mess with it without a compelling reason beyond sheer altruism? Well, I’ll tell you. The story doesn’t end there.
Benchmarking Tracks Performance A key tool of the green movement has been developing the concept of benchmarking. I would sum it up as the standardized tracking of a building’s performance and comparing it to past performance as well as to other buildings. Unlike its older sister commissioning, the process of verifying that the key components of a newly constructed building are working as they were intended and designed, benchmarking is for all of us bystanders that have been thinking that all of these upgrades just don’t apply to us.9 About a year ago, I saw an article titled “Okay, It’s Time We Made An Honest Building Out of You” in the San Francisco real estate blog Curbed.10 It featured the beta launch of a company called Honest Building and their benchmarking platform. It was like swallowing the red pill from “The Matrix.” The news of San Francisco’s Existing Commercial Building Energy Performance Ordinance passing in January of 2011 hadn’t really sunk in with me until I saw how Honest Building was working with the information. Check this out: The SF ordinance requires owners of commercial buildings 10,000 square feet or larger to annually measure the energy performance of their buildings [– benchmarking -] and report energy use information to the city. It also requires owners to conduct energy audits of buildings every five years.11 San Francisco’s ordinance is unique Advance Commercial Real Estate among many green-building initiatives in that it provides owners with actual energy performance information on their buildings year to year, not modeled on hypothetical scenarios. It also provides a national energy score so owners can see if their buildings are over or under-performing compared to similar buildings.12 The Honest Building Network is positioned to become not just the information hub for all things benchmarked in San Francisco, but in other cities too. San Francisco’s ordinance is not alone — in fact, it is one of several cities that have passed benchmarking ordinances includSacramento St., Berkeley, CA 94702 ing New York, D.C., Seattle and Philadel(510) 527-8700 phia. Just a few weeks ago, Minneapolis www.acrebayarea.com joined their ranks.13 But this trend is larger than just a
Professional Property Management Fewer vacancies
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26 RENTAL HOUSING
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series of municipal and policy initiatives. If you think about Honest Building’s mission — “to connect and empower the real estate industry to make better decisions, more efficiently”— there is a hint of where we are all going with benchmarking. Similar to using GPS technology in online mapping tools to research what a property looks like, or synthesizing public records about real estate transactions on sites like BlockShopper, Honest Building has a growing network of buildings, their performance data, their certifications, and the professionals involved with them. In addition to helping municipalities, utilities, and nonprofit stakeholders create more sophisticated and influential green building incentives, programs, certifications, and standards, the benchmarking phenomenon is gaining momentum and is poised to transform real estate disclosure, search, appraisal, HUD guidelines and loan under-writing.
The Habitat, a 1920s era multifamily apartment building in Oakland, earned the GreenPoint Rated label in 2012 after its owners and property manager Velina Barnes from The Lapham Company, extensively renovated the property incorporating green design
Way of the Future Maybe you aren’t actively concerned with your building’s energy and water use, but this trend towards transparency around building performance is a heads up to all of us in the multifamily sector. Yes, there are issues around tenant privacy versus utility use and split incentives (the financial benefits of a reduced utility bill from some specific green upgrades reach the tenant first) that haven’t been ironed out yet, but the stage is set and expect benchmarking to find its way to multifamily soon. Policy changes take a long time to develop and implement, but when they finally arrive, they can have a huge impact.14 So why procrastinate? Now is the time to dial into how your property is really functioning, figure out the inefficiencies, and where there are opportunities for savings and better performance. You should familiarize yourself with the real numbers and put a plan in place even if acting on that plan is down the road. As members of EBRHA, we have access to resources and educational programs to help our sector anticipate the potential ramifications of this important trend — and one such program that is available right now is Energy Upgrade California. In addition to PG&E’s traditional catalog of rebates for property owners, many people don’t know that Energy Upgrade California offers crucial technical assistance to help property owners determine the process and incentives available for a particular project scope. Starting this summer, this assistance will be available to properties with five or more units in all nine Bay Area counties from Santa Clara to Sonoma. The free services include assistance with benchmarking your property’s utility usage. Energy Upgrade California is running innovative pilot incentive programs based on a “whole building approach” which essentially relies on benchmarking and bundling measures based on modeled recommendations. The programs offer tiered rebates to owners achieving 10 to 40+% in savings or a flat per-unit incentive for installing multiple measures to achieve a slightly lower minimum savings. Check for updates on their website Multifamily.EnergyUpgradeCA.org. In addition, Berkeley and Emeryville, partnered with the
East Bay Environmental Network (EBEN) are rewarding high performance buildings through their Annual Benchmarking Awards Program (http://www.cityofberkeley.info/benchmarking_buildings/). Once you’ve benchmarked your building, this is an opportunity to gain recognition from the city for your leadership. If you step back and think about it, transparency in benchmarking has the potential to play an important, positive role. The same way you’d check in with your physician for an overall health assessment even if you think you’re healthy, benchmarking will help property owners really see what is going on at their properties beyond just a revenue stream and a vacancy rate. Having a strategic plan in place for improving building performance over time can go a long way towards preventing major shock when the trend matures and transparency becomes the status quo. There are incentives out there to help ease the growing pains, and your inner pragmatist will thank me later. RH Mila Zelkha is a social entrepreneur and an EBRHA Board Member. Her recent ventures include Wrecking Belle Inc., a residential construction company, and Mint Condition Homes, a design and real estate development company. 1. USA Today, “Study: Green homes sell for 9% more in California”, by Wendy Koch 7/19/12. http:// content.usatoday.com/communities/greenhouse/post/2012/07/study-green-homes-sell-for-9-more-incalifornia/1#.US_3SDApxvE 2. “President Obama Calls for Greener Homes and Businesses,” by Jason Hartke, 2/13/2013, http:// new.usgbc.org/articles/president-obama-calls-greener-homes-and-businesses 3. U.S. Green Building Council, http://www.usgbc.org 4. California Public Utilities Commission, “California Long-Term Energy Efficiency Strategic Plan,” September 2008 5. Energy Foundation, “U.S. Multifamily Energy Efficiency Potential by 2020,” October 19, 2009, prepared by The Benningfield Group, Inc. 6. Page 7, “Improving California’s Multifamily Buildings: Opportunities and Recommendations for Green Retrofit & Rehab Programs. Findings from the Multifamily Subcommittee of the California Home Energy Retrofit Coordinating Committee”, April 11, 2011, Edited by Jennifer Roberts. The MF HERCC is convened by the U.S. EPA Region 9 and chaired by StopWaste.Org. 7. Page 16, “ “ 8. Page 16, “ “ 9. Energy Transparency in the Multifamily Housing Sector by Andrea Krukowski and Andrew Burr, A report published by the Institute for Market Transformation (IMT), December 2012, http://www.imt. org/uploads/resources/files/Energy_Trans_MFSector_IMT_Final.pdf 10. http://sf.curbed.com/archives/2012/05/24/ok_its_time_we_made_an_honest_building_of_you.php 11. “San Francisco Sets Example by Publishing Energy Consumption Data for over 300 City Buildings”, Green Building Elements, November 14, 2012 12. “San Francisco Sets Example by Publishing Energy Consumption Data for over 300 City Buildings”, Green Building Elements, November 14, 2012 13. “Building Benchmarking: The Next Big Thing”, by Matt Pierce, http://new.usgbc.org/articles/, February 19th, 2013. 14. http://www.greenexchange.com/Read/+Eco-Leader+Barbra+Batshalom+Answers+Your+Questions
RENTAL HOUSING 27
capitol intelligence Public accommodations are privatelyowned places of business that are open to and/or provide services to the general public, such as a residential rental office in an apartment complex, restaurants, hotels, movie theaters, grocery stores, gas stations, public and private schools, doctor’s offices and other places of public gathering.
Staying up to date on ADA laws can help landlords achieve compliance and reduce liability. BY RON KINGSTON
he myriad of disability access laws continues to be misunderstood at many levels. This brief Q&A is meant to educate commercial property owners, commercial tenants and real estate professionals on what actions are needed to comply with the complex area of federal, state and local disability laws. EBRHA members can access a detailed series of ADA articles at www.ebrha.com/Information. What is ADA? The Americans with Disabilities Act of 1990 is a federal law that prohibits discrimination against individuals 28 RENTAL HOUSING
| APRIL 2013 |
with disabilities in employment, public accommodations and commercial facilities, public service and telecommunications. California has adopted its own anti-discrimination and disability laws which are often more stringent than federal law. The ADA requires anyone who operates a public accommodation and commercial facility to design, construct, alter, and remove barriers to make sure the facility is accessible to those with disabilities.
What are the accessibility requirements for remodeled buildings? Alterations to public accommodations or commercial facilities built after January 26, 1992 must meet federal and state accessibility standards. Alterations include remodeling, reconstruction, plan reconfiguration or renovation that affect the usability of the building or property. If the altered part of the facility affects or could affect the usability of or access to the “primary function area” (the area where the major activity for which the facility is used, such as an office in which the facility’s principal activities are located), the facility must also provide an accessible “path of travel.” The path of travel is generally defined as the pathway that connects the altered area with the entrance to the property (which may include property starting with the parking lot, sidewalk, and through the building to the remodeled area). The owner of the facility, however, does not need to spend more than 20% of the cost of alterations to the primary function area on accessibility alterations to the path of travel. Costs that may be included in the calculation to provide an accessible path of travel include making restrooms accessible and providing an accessible entrance and route to the altered area such as widening doorways or installing ramps.
What are public accommodations and commercial facilities?
What are examples of barrier removal?
PHOTO: TABER ANDREW BAIN
Q & A on ADA
What are the accessibility requirements for newer buildings? The ADA requires that public accommodations and commercial facilities built on or after January 26, 1993 must be accessible in compliance with federal and state law to individuals with disabilities unless it is structurally impracticable to do so due to the unique characteristics of the terrain.
The first priority in barrier removal is to assure access to the accommodation from the sidewalks or parking area (e.g., ramps, accessible parking, widening entrances). The second priority is access to the goods or services (e.g., interior ramps). The third priority is access to restrooms. The fourth priority is removal of any other barriers. Must an elevator be installed in existing facilities? Usually not. The U.S. Department of Justice has stated in most cases, that installing elevators is not readily achievable. Elevators are usually only required in newer buildings, but only if the building has a minimum of three stories or 3,000 square feet per floor, or the business is a shopping center, or professional offices. Are there tax benefits to offset the cost of compliance? Currently, there are tax credit land deductions. You are advised to consult with counsel or your qualified CPA to determine if the tax benefits apply. Who is responsible in a sales transaction? The owner, because he or she owns or operates the public accommodation. This does not prohibit the seller and buyer to allocate the responsibility for compliance. The DOJ may, however, ignore the contractual allocation and pursue an action against the owner. Must a real estate sales office comply with the ADA law? If it is a public accommodation or commercial facility, it must comply. If a real estate salesperson or broker uses his or her home for business purposes, ADA laws apply. The law also requires the areas that are used to enter the accommodation (sidewalks, doors, entryways, hallways and restrooms) be accessible and in compliance. Do ADA laws apply to residential rental properties? Yes. Although residential rental properties are generally not considered places of public accommodation, apartments with
areas open to the public, such as those with a rental office, are considered a partial place of public accommodation. That is, because the office is open to the public, the “path of travel” (See question 4) must be accessible to the disabled. A rental office is just one example. Any portion of the apartment that is open to the public is subject to ADA standards. Therefore, if an apartment has a health club or a restaurant that is open to the public, those areas must comply with ADA laws. Typically, however, the only area open to the public in most apartments is the rental office. What about rental units? For apartments built after 1993, only some rental units need comply with ADA laws. Rental units existing prior to 1993 likely do not need to comply with ADA laws, unless an accommodation is necessary for a tenant. It is best to consult with a contractor, architect, or specialist to determine whether a rental unit needs to be ADA compliant. All units, however, are subject to the federal and state fair housing laws. What are some of the exceptions to the general requirements of nondiscrimination duties (equal opportunity, privacy, prohibition of imposing a surcharge, etc.)? Exceptions to the general requirements of nondiscrimination duties include the following: a) public accommodations may impose legitimate safety requirements, but must be based on actual risk; b) public accommodations do not have to accommodate people that pose a direct threat to the health and safety of others; and c) the law does not prohibit discrimination against individuals based on that person’s current illegal use of drugs. RH The information contained in this article is general in nature. Consult the advice of an attorney or professional for any specific problem. Ron Kingston is president of the California Political Consulting Group. He has 30 years of lobbying experience and is one of the original writers of the state’s legislation against rent control, the Costa-Hawkins Act. He grew up in South Lake Tahoe and lives in Carmichael with his wife Sherrie, a financial planner.
New California Disability Access Law Signed: SB 1186 Background
Every year, disability access laws are introduced in the California legislature as fast as they are killed. Last year 14 bills were introduced, attempting to fix what many in the small business community argue is an unfair and unbalanced approach to disability access compliance. Small business owners (which includes commercial and residential rental property owners and commercial tenants) have been hit hard by what has become a growing trend in California: expensive lawsuits; predatory and abusive litigation practices; and costly compliance requirements. One bill, however, finally made it to the Governor’s desk. SB 1186, signed into law September 2012, is a bipartisan measure authored by Senate President pro Tem Darrell Steinberg and Republican Senator Bob Dutton. It represents one of the biggest overhauls in California disability access laws since the laws were adopted more than 20 years ago. While some discontent remains, the consensus is that SB 1186 represents the best possible compromise at this time to achieve better compliance while decreasing the incidence of predatory and abusive litigation practices.
RENTAL HOUSING 29
esq. & a
Parting Ways What can a landlord do when a tenant wants to break a lease early but offers a replacement tenant? BY VARIOUS AUTHORS
premises for their security deposit (CC §1950.5(f)); 3) Give the tenant an itemized report concerning their deposit based on physical inspection which reserves the right to hold the deposit pending reletting the premises and an evaluation of reasonable damages; 4) Earnestly attempt to relet the premises and look at the tenant’s candidate; 5) Get a new agreement and a new deposit from the new tenant. The best thing you can do is keep a current valid contract directly between you and the new tenant, account for your damages (photos, receipts, etc.), and act reasonably. Even though a tenant moves out early, the landlord is still bound to act in good faith and to mitigate damages. —JOHN (J.R.) RICHARDS
I recently purchased a building that has tenants. I do not have any of the original leases for my inherited tenants, and I’ve asked them to sign new contracts, but they refused. What do I do?
My current tenant wants to break her lease agreement six months early. She has explained that she has another proposed occupant that will take over the lease. Do I have to allow this? Can I screen the proposed tenant to properly qualify them? If so, should I return the security deposit and collect a new one?
Early termination and sub-leasing issues depend on the actual text in the rental agreement. When a tenant vacates a lease early in residential properties and commercial properties alike, the landlord must make an earnest attempt to relet the property to mitigate their damages. The damages allowed are the amount of rent from the termination of the tenancy until the place is relet and other damages directly and indirectly 30 RENTAL HOUSING
| APRIL 2013 |
caused from the breach of contract. The landlord must stay reasonable and earnestly try to relet the premises. A landlord generally has no obligation to accept a sub-tenancy, but again, the rental agreement should state the process by which a landlord would hypothetically accept or reject a sub-tenant. The agreement also should provide from whom a landlord can seek non-payment of rent. In sub-tenancy situations, a landlord could hypothetically go after the lessee and the sub-lessee for back rent (the legal concepts of privity of contract and privity of estate). I would recommend the following course of action: 1) Get some written statement from the tenant that they will be terminating the lease on a certain date; 2) Give the tenant the option to request and attend an inspection of the
Is there some reason why you want written leases with your tenants? Unless you have a legitimate reason, it may not be worth the hassle. There is nothing wrong with an oral agreement to rent. And if you are getting market rent, who cares if the lease is not in writing? There is a State law that permits you to change the terms of the tenancy by giving a 30 day notice. It is this law that permits landlords to unilaterally raise the rent without the tenant consenting or signing. You can use this same law to impose a new written rental agreement on your tenant. There are three steps to this procedure. First, write a new written rental agreement with all the terms that you would like to have as part of the tenancy. Do not increase the rent more than that permitted by the local rent laws. Also, do not take away housing services. Excessive rent increases or reduction in services could trigger a Rent Board petition. Second, prepare a notice changing the terms of the tenancy. The notice should say that the new terms of the tenancy in 30 days will be those set forth on the attached rental agreement. Put this notice at the back of the rental agreement. Third, write a letter to the tenant tell-
Women’s Auxiliary Luncheon
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RENTAL HOUSING 31
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UPCOMING MEETINGS & EVENTS
Political Affairs Meeting DATE TIME LOCATION
TUESDAY, APRIL 2 10:00 A.M. EBRHA EDUCATION CENTER 360 22 ND ST., SUITE 240, OAKLAND
ing them that enclosed is their new rental agreement. Ask them to sign and return a copy of the agreement to you. If they sign and return the agreement, then you have your new agreement. Congratulations! But if they don’t sign, don’t worry, you have served a notice of change in terms of tenancy that becomes effective even if the tenant doesn’t sign and return the agreement. The tough question is: can you evict based on the breach of a new term in the written rental agreement? It depends, and you should consult with an attorney before serving an eviction notice. However, most tenants abide by their written agreements and don’t question the propriety of the terms. —CLIFFORD FRIED
The information contained in this article is general in nature. Consult the advice of an attorney for any specific problem. John (J.R.) Richards is an attorney with Richards Law and can be reached at 925-231-8104 or www. richards-legal.com. Clifford Fried is an attorney with Fried & Williams LLP and can be reached at 510-625-0100 or www.friedwilliams.com.
Legislation Day DATE TIME LOCATION INFO
WEDNESDAY, APRIL 17 8:00 A.M. - 4:00 P.M. SACRAMENTO
Do you have an interest in representing EBRHA in Sacramento? You can spend the day learning about bills, meeting with legislators and their staff, while sharing our concerns and educating them on the intri cacies and realities of our industry. Call us now for a special seat at this annual table. Training is required to attend this all day commitment, and meals are provided.
RESIDENTIAL & COMMERCIAL *Plumbing Repairs *Fixtures Installations *Water Service Replacements *Sewer Diagnostic Videos *Trenchless Sewer Replacements
General Membership Meeting DATE TIME LOCATION TOPICS
SATURDAY, APRIL 20 10:00 A.M. - NOON EBRHA EDUCATION CENTER 360 22 ND ST., SUITE 240, OAKLAND PARKING PROVIDED
• Legal Q & A, Michael Shepherd, The Shepherd Law Group • Animal Protections, Requirements and Guidelines, Officer Elena Hackings, Oakland Animal Services • Straight From Sacramento: Rent Control, Smoking Bans and Interest on Security Deposits Ron Kingston, EBRHA State Lobbyist
*Automatic Seismic Gas Valves Installations *Drain Cleaning and Diagnostics *Tankless Hot Water Heaters
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32 RENTAL HOUSING
| APRIL 2013 |
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Decks Patios Driveways
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RENTAL HOUSING 33
the green sheet
information & resources RECYCLING & DISCARDS MANAGEMENT
NAA Offers Green Tools for Your Rental Business the following green resources for members, including green tools, green building research, links and a glossary of green terms. In addition, and as a benefit of NAA membership, EBRHA members may access all of the green offerings through the NAA Community site including: The Green Community, where members can network with other like-minded NAA members and receive updates on the Green Discussion Forum by email; The Green Discussion Forum, where members can share green issues with industry peers, including ways to implement green measures, questions about ways to go green and more; the NAA Green Library, which provides access to green research, best practices, white papers from trusted sources on everything green. These benefits are all available to all EBRHA members. NAA HAS PULLED TOGETHER
Grants, Funding & Incentive Programs: NAA’s Green Tools also makes it easier to find information about national and local grants, funding and incentive programs to help companies become greener and more energy efficient, make better development decisions and implement smart growth policies.
NAAEI Offers Green Apartment Management Program: Interested in going green? Going green can save you money. The online green property management course is designed specifically to address the green operational issues of the multifamily housing industry. The training meets the training requirements for the Credential for Green 34 RENTAL HOUSING
| APRIL 2013 |
City of Alameda 510.749.5840 Albany 510.528.5766 Berkeley 1 - 9 UNITS 510.527.5555 10+ UNITS 510.981.7270 www.ci.berkeley.ca.us/pw/swm.html Emeryville 510.613.8710 Oakland 510.238.SAVE (7283) www.oaklandrecycles.com Household Hazardous Waste 800.606.6606 www.household-hazwaste.org REBATE PROGRAMS
EBMUD 866.403.2683 | www.ebmud.com PG&E 800.933.9555 | www.pge.com/res/rebates LOCAL GREEN ORGANIZATIONS
B.A. Green Business Program 510.567.6770 | www.greenbiz.ca.gov Build It Green 510.845.0472 | www.builditgreen.org
Property Management (CGPM) offered by NAA Education Institute (NAAEI). Green course resources include the Green Operations and Maintenance Plan and Tenant Green Training Program manuals and more. Please contact email@example.com or (800) 701-5161, or email NAA’s Shana Treger at firstname.lastname@example.org. RH
Recology 415.875.1000 | www.recology.com
The National Apartment Association (NAA) is America’s leading advocate for quality rental housing. NAA’s mission is to serve the interests of multifamily housing owners, managers, developers and suppliers and maintain a high level of professionalism in the multifamily housing industry to better serve the rental housing needs of the public. To learn more about your member benefits, contact NAA at email@example.com or (703) 518-6141.
BO - Enterprises 408.354.1900
StopWaste.Org 877.786.7927 | www.stopwaste.org FREE WEATHERIZATION PROGRAMS
Rising Sun Energy 510.665.1501 x17 Spectrum Community Services 510.889.0921
EBRHA.COM | 510.893.9873
License No. 797467
Seismic & General Contractors
www.wcpc-inc.com Tel: (510) 271-0950
Conform To New Soft Story Apartment Building Seismic Ordinance Alameda, Oakland & Berkeley • Successful track record of retrofitting numerous seismic soft-story apartment buildings in the Bay Area. • Years of experience in cost-effective seismic retrofit design and construction—all under one company. • Guaranteed approval of engineering and construction in conformance to Soft Story Ordinance. • FREE INITIAL EVALUATION We’ll conduct a free evaluation of your building by our professional registered engineer to identify Seismic Soft Story Ordinance requirements for engineering report, design and construction. For inquiries, please contact Homy Sikaroudi, PhD, PE
OUR VOICE MATTERS! THE POLITICAL EFFORTS OF EBRHA COME FROM ITS POLITICAL ACTION COMMITTE. The EBRHA-PAC is a nonprofit and nonpartisan committee, the purpose of which is to support local ballot measures and candidates that have a positive impact on the rental housing industry. TO GET INVOLVED OR TO DONATE TO THE EBRHA-PAC, CONTACT JILL BROADHURST: JBROADHURST@EBRHA.COM OR VISIT WWW.EBRHA.COM/PAC
A quick, efficient, reasonable service for apartment owners since 1975
East Bay Property Management & Brokerage Services Since 1990
• We add value to buildings • Experienced and informed • Fully computerized • Integrity and care
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466 40th Street Oakland, CA 94609 Tel 510-428-1864 Fax 510-601-1917 firstname.lastname@example.org
Jack London Square 510 Third Street, Suite 101, Oakland, California 94607 rh.0110.evictors.indd 1
12/23/09 10:16:33 AM
RENTAL HOUSING 35
community calendar EVENTS & CLASSES
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
TUESDAY, APRIL 2
THURSDAY, MAY 2
Political Affairs Meeting; 10:00 a.m.
TUESDAY, APRIL 2*
Members: Free; Non-Members: $49
Fair Housing Best Practices and Your Rental Business
1:00 p.m. – 2:30 p.m.
Angie Watson-Hajjem, Fair Housing Specialist at ECHO Housing
MONDAY, MAY 6 - FRIDAY, MAY 10
Members: $39; Non-Members: $69; Registration Required
Certified Apartment Manager (CAM) Training
1:00 p.m. – 2:30 p.m.
Instructed by: Doug Chasick, CAPS, CPM, SLE
WEDNESDAY, APRIL 3
Where: EBRHA, 360 22nd Street, Suite 240, Oakland
Who should attend: All members of your leasing or community
Members: Free; Non-Members: $49
management team who have at least one year of apartment industry
2:00 p.m. – 3:30 p.m.
experience Course price: Members: $750 for the entire designation;
WEDNESDAY, APRIL 10
Non-Members: $900 for the entire designation.
9:00 a.m. – 5:00 p.m.
Members: Free; Non-Members: $49
TUESDAY, MAY 14*
2:00 p.m. – 3:30 p.m.
Marijuana & Your Rental Property
THURSDAY, APRIL 11*
The Three-Day Notice to Pay Rent of Quit Attorney Cindy Lee and Paralegal Jo Biel of Eviction Assistance Members: $39; Non-Members: $69; Registration Required
Michael McLaughlin, Fried & Williams LLP Members: $39; Non-Members: $69; Registration Required 2:00 p.m. – 3:30 p.m. THURSDAY, MAY 16
1:00 p.m. – 2:30 p.m.
TUESDAY, APRIL 16
Women’s Auxiliary Luncheon
Free to Members & Non-Members
Scott’s Seafood Restaurant in Jack London Square Speaker: Courtney Ruby, Oakland City Auditor — “Hear What the
2:00 p.m. – 3:00 p.m.
City Auditor Uncovers at City Hall”
SATURDAY, MAY 18
EBRHA General Membership Meeting 10:00 a.m. - Noon Topics: • Legal Q & A: Daniel Bornstein, Law Offices of Bornstein & Bornstein • Waste Management & Recycling: Rebecca Parnes, Waste Management • Benefits of Going Solar: Ryan Gorman, Sungevity
Auxiliary Members: $20; Guests: $35; 11:45 a.m.; Contact Anna Alberti for more info: (510) 562-1179 WEDNESDAY, APRIL 17
Legislation Day in Sacramento; 8:00 a.m. – 4:00 p.m. SATURDAY, APRIL 20
EBRHA General Membership Meeting 10:00 a.m. - Noon Topics: • Legal Q & A: Michael Shepherd, Shepherd Law Group • Animal Protections, Requirements & Guidelines: Officer Elena Hackings, Oakland Animal Services • Straight From Sacramento — Rent Control, Smoking Bans and Interest on Security Deposits: Ron Kingston, EBRHA State Lobbyist
TUESDAY, MAY 21
Women’s Auxiliary Luncheon Scott’s Seafood Restaurant in Jack London Square Speaker and Topic: TBD Auxiliary Members: $20; Guests: $35; 11:45 a.m.; Contact Pat Smith for more info: (510) 653-5388 THURSDAY, MAY 23
WEDNESDAY, APRIL 24*
Clifford Fried, Fried & Williams LLP
Members: Free; Non-Members: $49 1:00 p.m. – 2:30 p.m.
Megan’s Law & Its Challenges in Your Rental Business: Members: $39; Non-Members: $69; Registration Required 2:00 p.m. – 3:30 p.m.
MONDAY, MAY 27
EBRHA Office Closed
*Members: $39; Non-members: $69. Mandatory prepayment required; 72 hour cancellation; No Refunds on no shows; Seats fill fast, register in advance! RSVP to Danielle Walker @ (510) 318-8300 or email@example.com. Unless otherwise noted, all classes and events are held at the EBRHA Education Center, 360 22nd St., Suite 240, Oakland 36 RENTAL HOUSING
| APRIL 2013 |
Oakland 2012-13 (3.0%) ANNUAL ALLOWABLE RENT INCREASE
A CPI increase of 3% became
PER I O D
effective on July 1, 2012. Tenants may
JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . . 3.0
JAN. 1 ‘02 - JUN. 30 ‘02 . . . . . . . . . . . . 3
only receive one increase in any
JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . . 2.0
JAN. 1 ‘01 - DEC. 31 ‘01 . . . . . . . . . . . . 3
12-month period, and the rent increase
JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . . 2.7
JAN. 1 ‘00 - DEC. 31 ‘00 . . . . . . . . . . . . 3
JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . . 0.7
JAN. 1 ‘99 - DEC. 31 ‘99 . . . . . . . . . . . . 3
California law requires that for tenancies
JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . . 3.2
JAN. 1 ‘98 - DEC. 31 ‘98 . . . . . . . . . . . . 3
receiving greater than a 10% increase,
JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . . 3.3
JAN. 1 ‘97 - DEC. 31 ‘97 . . . . . . . . . . . . 3
a 60-day notice is required; if the
MAY 1 ‘06 - JUNE 30 ‘07. . . . . . . . . . 3.3
JAN. 1 ‘96 - DEC. 31 ‘96 . . . . . . . . . . . . 3
increase is 10% or less, a 30-day
MAY 1 ‘05 - APRIL 30 ‘06 . . . . . . . . . 1.9
MAR. 1 ‘95 - DEC. 31 ‘95 . . . . . . . . . . . 3
JUNE 1 ‘04 - APRIL 30 ‘05. . . . . . . . . 0.7
JAN. 1 ‘95 - FEB. 28 ‘95. . . . . . . . . . . . . 6
to three times the current annual
JUNE 1 ‘03 - MAY 31 ‘04. . . . . . . . . . 3.6
JAN. 1 ‘94 - DEC. 31 ‘94 . . . . . . . . . . . . 6
allowable rent increase rate.
JULY 1 ‘02 - MAY 31 ‘03. . . . . . . . . . 0.6
cannot take effect earlier than the tenant’s anniversary date. In addition,
notice is required. Owners can only impose “banked” rent increases equal
A MOUN T ( %)
AM O U N T ( % )
FOR FURTHER INFORMATION CONTACT:
Oakland Rent Board | 250 Frank H. Ogawa Plaza | Suite 5313 | Oakland, CA | 94612 510.238.3721 | www.oaklandnet.com
Berkeley 2013 (1.7%) ANNUAL ALLOWABLE RENT INCREASE
P E R IOD A MO UNT
PER I O D A MOUN T
PERI OD AM O U N T
2013. . . . . . . . . . . . . . . . . . . . . . . . 1.7%
1990. . . . . . . . . . . . . . . . . . . . . . . . . $16
2012. . . . . . . . . . . . . . . . . . . . . . . . 1.6%
2000. . . . . . . . . . . . . . . . . . . . . . . . . . $6
1989*. . . . . . . . . . . . . . . . . . . . . . . . 3%
1999. . . . . . . . . . . . 1% (NOT TO EXCEED $8)
1988. . . . . . . . . . . . . . . . . . . . . . . . . $25
1998. . . . . . . . . . . . . . . . . . . . . . . . 0.8%
1987. . . . . . . . . . . . . . . . . . . . . . . . 3.5%
2008. . . . . . . . . . . . . . . . . . . . . . . . 2.2%
1997. . . . . . . . . . . . . . . . . . . . . . . 1.15%
1986. . . . . . . . . . . . . . . . . . 3%, + $2.50
2007. . . . . . . . . . . . . . . . . . . . . . . . 2.6%
1996. . . . . . . . . . . . . . . . . . . . . . . . . 1%
1985. . . . . . . . . . . . . . . . . . . . . . . . . 2%
2006. . . . . . . . . . . . . . . . . . . . . . . . 0.7%
1995. . . . . . . . . . . . . . . . . . . . . . . . 1.5%
1984. . . . . . . . . . . . . . . . . . . . . . . . . 0%
2005. . . . . . . . . . . . . . . . . . . . . . . . 0.9%
1994. . . . . . . . . . . . . . . . . . . . . . . . . $18
1983*. . . . . . . . . . . . . . . . . . . . . . 4.75%
2004. . . . . . . . . . . . . . . . . . . 1.5%, + $3
1993. . . . . . . . . . . . . . . . . . . . . . . . . $20
1981*. . . . . . . . . . . . . . . . . . . . . . . . 5%
1992. . . . . . . . . . . . . . . . . . . . . . . . . $26
*ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.
2011. . . . . . . . . . . . . . . . . . . . . . . . 0.7% 2010. . . . . . . . . . . . . . . . . . . . . . . . 0.1% 2009. . . . . . . . . . . . . . . . . . . . . . . . 2.7%
(1% + $3 IF TENANCY CREATED AFTER JAN. 1999)
2003. . . . . . . . . . . . . . . . . . . . . . . . . 0% 2002*. . . . . . . . . 3.5% (NOT TO EXCEED $30)
1991. . . . 4% OR $17 (WHICHEVER IS HIGHER)
Beginning in 1998, adjustments are not allowed for the year following a tenant’s initial occupancy. To obtain the maximum amount for a specific address, please use the “Rent Ceiling Database” calculator on Berkeley’s Rent Board website.
FOR FURTHER INFORMATION CONTACT:
Berkeley Rent Board | 2125 Milvia Street | Berkeley, CA | 94704 510.981.7368 | www.ci.berkeley.ca.us/rent
RENTAL HOUSING 37
CONTACTS, PRODUCTS & SERVICES 1031 EXCHANGE INTERMEDIARIES
ATTORNEYS - EVICTIONS
Chicago Deferred Exchange Co. Teresa Moss Fluegel 877-448-1031 www.cdec1031.com
Bornstein & Bornstein Daniel Bornstein 510-836-0110, x1007 www.bornsteinandbornstein.com Fried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.com Law Offices of Elaine Lee Elaine Lee 510-848-9528 firstname.lastname@example.org Law Offices of Leon H. Rountree III Leon H. Rountree III 510-343-6299 www.leonrountree.com Law Offices of Marc L. TerBeek Susy Meyer 510-689-0140 www.terbeeklaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com The Evictors Ed Nagy 510-839-2074 The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.com
Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com
P.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.com APPLIANCE SALES & PARTS
Appliance Parts Distributor Mike De Fazio 510-357-8200 www.apdappliance.com Appliance Warehouse of America David Jepsen 510-921-1071 www.appliancewhse.com Ferguson Enterprises, Inc. Randy Casteel 888-334-0004 www.ferguson.com Sincere Home Decor Keith Chan 510-832-2838, x108 www.sincerehomedecor.com APPRAISERS
Access Appraisal: Apartment Specialists Joe Spallone 510-601-1466 www.accessappraisal.com Mark Watts Commercial Appraiser Mark A. Watts 415-990-0025 www.markwattscommercialappraisal. com ARCHITECTURE
Cassandra Adams Architect Cassandra Adams 510-215-5050 email@example.com InsideOut Design Pennell Phillips 510-655-1198 www.aboutinsideout.com ASPHALT/CONCRETE
American Asphalt & Concrete Joe McSweeney 510-723-0280, x28 www.americanasphalt.com
ATTORNEYS - LAND USE/CONDO CONVERSION
Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Law Offices of Ann Rankin Ann Rankin 510-653-8886 www.annrankin.com Law Offices of Marc L. TerBeek Susy Meyer 510-689-0140 www.terbeeklaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com
ATTORNEYS - REAL ESTATE/ CORPORATION
BOMA Oakland/East Bay Stephen Shepard 510-893-8780 www.bomaoeb.org Oakland Association of Realtors Patricia Bouie Hinds 510-836-3000 www.oar.org Oakland Builders Alliance Beverly Rivas 510-735-8849, x101 www.oaklandbuilders.net Oakland Chamber of Commerce Joseph Haraburda 510-874-4808 www.oaklandchamber.com
Burnham & Brown Jack Schwartz 510-444-6800 www.burnhambrown.com Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.com Law Offices of Marc L. TerBeek Susy Meyer 510-689-0140 www.terbeeklaw.com Richards Law John Richards 925-231-8104 www.richards-legal.com
38 RENTAL HOUSING
| APRIL 2013 |
Chase Commercial Josh Milnes 510-891-4545 firstname.lastname@example.org Chase Commercial Ted Levenson 415-945-5430 email@example.com Cooperative Center Federal Credit Union Nicky Tekelidis 510-647-2131 firstname.lastname@example.org Intervest Mortgage Marc Lipsett 510-622-8515 www.intervest-mortgage.com Luther Burbank Savings Larry Miller 925-627-2790 www.lutherburbanksavings.com Torrey Pines Bank Jeff Becker 510-899-7569 www.torreypinesbank.com BATHROOM & KITCHEN REMODELING
American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.com Ashby Lumber Emily Brown 510-843-4832 www.ashbylumber.com Bathfitter Justin Starnino 510-969-3905 www.bathfitter.com KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com Sincere Home Decor Keith Chan 510-832-2838, x108 www.sincerehomedecor.com BLINDS & DRAPES
American Draperies & Blinds, Inc. Paul Russo 800-972-0660 www.americandrapery.com BUILDING MATERIALS/HARDWARE
Ashby Lumber Emily Brown 510-843-4832 www.ashbylumber.com James Hardie Building Products Ellen Dowd 800-426-4051 www.jameshardiecommercial.com
ReStore/Habitat for Humanity Rose Stubberfield 510-777-1447 www.habitateb.org/restore CARPET CLEANING
Cleaner Carpets Ron Russell 510-522-1344 email@example.com CLEANING SERVICES
Morgan Environmental Services, Inc. Tom Morgan 510-267-0134 morganenvironmental.webs.com CODE COMPLIANCE
Armstrong Development Barbara Armstrong 510-337-1998 firstname.lastname@example.org COLLECTION AGENCIES
Rent Recovery Service Robbie Cronrod 800-845-1086 www.rentrecoveryservice.com CONDO CONVERSION
Armstrong Development Barbara Armstrong 510-337-1998 email@example.com CONSTRUCTION
KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com Vasona Construction, Inc. Dan Scharnow 510-413-0091, x203 www.vasonaconstruction.com West Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.com CONTRACTORS/RESTORATION
ARC Water Damage Nina Lauffer 510-835-3073 www.arc-ca.com Belfor Property Restoration Lisa Schwichtenberg 888-543-3473 www.belforusa.com Har-Bro Restoration Ryan Rusler 510-887-8500 www.harbro.com SERVPRO of San Leandro Clayton Barry 510-352-2480 www.servprosanleandro.com
DOORS & GATES
Community Controls Tim Bruske 800-284-2837 www.communitycontrols.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com
Housing Authority of the City of Alameda Mike Pucci 510-747-4325 www.alamedahsg.org Oakland Housing Authority Leased Housing 510-874-1500 www.oakha.org
Ferguson Enterprises, Inc. Randy Casteel 888-334-0004 www.ferguson.com ELECTRICIANS
City Bay Electric Reggie Stevenson 510-847-1544 www.citybayelectric.com Thomas Electric Co. (TEC) Thomas Hurtubise 510-814-9387 www.tecelectric.net ELEVATOR REPAIRS
Paramount Elevator Corp. Mark Pipoly 510-835-0770 www.paramountelevator.com ENVIRONMENTAL TESTING SERVICES
Essel Environmental Consulting Nik Lahiri 925-413-5511 www.esseltek.com FIRE PROTECTION
Battalion One Fire Protection Mike Herbert 510-653-8075 www.battaliononefire.com Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com FLOOR COVERINGS
Bay Area Contract Carpets, Inc. Kerry Plain or Ken Scott 510-613-0300 www.bayareacontractcarpets.com Dickâ€™s Carpet One Dan Biles 510-633-9533 www.dickscarpetoneoakland.com
Halcyon Properties Roger Shane 510-847-7075 firstname.lastname@example.org KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com Start to Finish Christopher Bailey 510-727-9128 email@example.com HAULING SERVICES
Junk King Paul Bains 510-982-9650 firstname.lastname@example.org KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com HAZMAT, CRIME SCENE, BIO CLEAN-UP
Morgan Environmental Services, Inc. Tom Morgan 510-267-0134 www.morganenvironmental.webs.com HEATING & AIR CONDITIONING
88HVAC Matt Jung 855-884-8228 www.88hvac.com Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Atlas Heating & Air Conditioning Lisa Tuck 510-893-1343 www.atlasheating.com Black Diamond Mechanical Robert Lopez 510-522-4196 email@example.com DP Heating & AC Daryl Price 510-532-2043 firstname.lastname@example.org HEATING & AIR CONDITIONING SUPPLIES
Ferguson Enterprises, Inc. Randy Casteel 888-334-0004 www.ferguson.com
Armstrong Development Barbara Armstrong 510-337-1998 email@example.com
R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com
SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com ebrha.com
RENTAL HOUSING 39
LITIGATION SUPPORT SERVICES
Aon Rent Protect Bryan Kinsey 801-559-9594 www.aonrentprotect.com Capital Insurance Group George Cushing 800-732-6770 www.ciginsurance.com Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.com Ruben Leon - Farmers Insurance Group Ruben Leon 510-525-6540 firstname.lastname@example.org NorthStar Risk Management & Insurance Services Pat Lowther 925-975-4686 www.northstar-ins.com PFN Insurance Services Nicholas Penland 510-483-6667 www.pfninsurance.com Ruth Stroup Insurance Agency Ruth Stroup 510-874-5700 www.stroupinsurance.com Stone Creek Insurance Agency Tom Lynch 925-297-4202 www.stonecreekinsurance.com SullivanCurtisMonroe Chad Lupia 949-852-5730 www.sullivancurtismonroe.com
SpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.com
KMK Contracting & Property Services Kevin Knobles 925-292-8667 www.kmkcontracting.com The Garza Company, Inc. Manuel Garza 510-763-9500 email@example.com
INTERCOMS & ACCESS CONTROLS
Community Controls Tim Bruske 800-284-2837 www.communitycontrols.com R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Sound Communication Systems Jerry Dean 510-595-8111 firstname.lastname@example.org
LOCKSMITH EVICTION SERVICES
Golden Gate Locksmith Co Ralph Scott 510-654-2677 email@example.com PAINT SUPPLIERS
Dunn-Edwards Paints Megan Mutimer 415-755-0685 www.dunnedwards.com PAINTERS
JB Painting Josue Landa 510-282-1431 firstname.lastname@example.org RDM Painting & Decorating Roberto Diaz 510-421-1908 email@example.com Steve’s Painting & Renovating Steve Fagrey 510-910-6997 www.welovetopaint.net Universe Painting, Inc. William McKenzie 866-666-6761 www.universepainting.com PEST & VECTOR CONTROL
Terminix Robert Sater 510-489-8689 www.terminix.com Alameda Co. Dept. of Environmental Health Vector Control Services Daniel Wilson 510-567-6826 firstname.lastname@example.org PLUMBING - WATER HEATERS
PROPERTY MAINTENANCE SUPPLIES
Ferguson Enterprises, Inc. Randy Casteel 888-334-0004 www.ferguson.com PROPERTY MANAGEMENT
ACRE Property Management Drew Humphrey 510-527-8700 www.acrebayarea.com Advent Properties, Inc. Benjamin Scott 510-250-7918 www.adventpropertiesinc.com Bay Property Group Robert Goldman 510-836-0110 www.baypropertygroup.com Beacon Properties Carlon Tanner 510-428-1864 www.beaconprop.com Caldecott Property Management Services Ronald Reece 510-594-2400, x226 www.caldecott.com Canyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com Crane Management Kit Crane 510-918-2306 www.cranemanagment.net
Coinmach Greg Blednyh 510-429-0900, x54435 www.coinmach.com
Albert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.com Ethan’s Service Plumbing Ethan Elkins 510-390-4185 email@example.com Pacific Drain & Rooter Service Nasir Jalil 510-452-4606 firstname.lastname@example.org Roto-Rooter Martin Alvarez 510-755-1262 email@example.com
A.C. Lead Poisoning Prevention Program Julie Twichell 510-567-8252 www.aclppp.org
Ferguson Enterprises, Inc. Randy Casteel 888-334-0004 www.ferguson.com
Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com
Ferguson Enterprises, Inc. Randy Casteel 888-334-0004 www.ferguson.com
Aspire Business Consulting Natalie Koffler 510-919-0914 www.aspirebizconsult.com
OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com
Martinez Real Estate Investment Jose Martinez 510-769-0436 LAUNDRY EQUIPMENT
40 RENTAL HOUSING
| APRIL 2013 |
East Bay Asian Local Development Co. Frances Rosario 510-287-5353 www.ebaldc.org The Enterprise Company William McLetchie 510-444-0876 ERI Property Management Sasha Bermudez 510-883-7017 www.erirentals.com Lapham Company Jon Shahoian 510-594-7600 www.laphamcompany.com
Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com
Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com
Shaw Properties Liz Hart 510-654-1920 www.shawprop.com
Marcus & Millichap David Wolfe 510-379-1200 www.marcusmillichap.com
Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com
NAI Kilpatrick & Company Grant Chappell 510-972-4941 www.naikilpatrick.com
Wellington Property Company Jillian Loh 510-338-0588 www.wellingtonpropertyco.com
Property Counselors Link Corkery, Inc. Link Corkery 510-886-1212 www.pclclink.com Woodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.com
Western Management Property, Inc. Vinnie Mistry 510-451-7317 www.westernmpinc.com Woodminster Property Management Nicholas Drobocky 510-336-0202 www.woodminstermanagement.com PROPERTY MANAGEMENT SOFTWARE
Buildium Sam Clarke 888-414-1933 x152 firstname.lastname@example.org RAIN GUTTERS
R.C. Gutter Services Ramiro Cornejo 510-331-4425 Sunshine Gutters Tammar Hadiri 510-525-0880 www.sunshinegutters.com REAL ESTATE BROKERS & AGENTS
Advent Properties, Inc. Benjamin Scott 510-250-7918 www.adventpropertiesinc.com Caldecott Properties Andy Read 510-594-2400 www.caldecott.com Coldwell Banker â€“ Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com Davide Pio 510-815-2000 email@example.com Edrington & Associates Steven Edrington 510-749-4880 firstname.lastname@example.org Home & Investment Realty George Vassiliades 510-710-6826 www.propertiesbygeorge.com Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com
DR3 Mattress Recycling Robert Jaco 510-798-3734 www.mattressrecycling.us ReStore/Habitat for Humanity Rose Stubberfield 510-777-1447 www.habitateb.org/restore RENT CONTROL CONSULTANTS
Alan K. Beales 510-339-9776 Edrington & Associates Steven Edrington 510-749-4880 email@example.com RENTAL SERVICES
Cal Rentals Elaine Perkins 510-642-3644 www.calrentals.housing.berkeley.edu Eden I & R Ollie Arnold 510-537-2710 www.edenir.org ROOFERS
Fidelity Roof Company Steve Parry 510-547-6330 www.fidelityroof.com Frank Fiala Roofing Frank Fiala 510-582-6929 www.ffialaroofing.com General Roofing Company Michael Wakerling 510-536-3356 www.generalroof.com SECURITY/ SURVEILLANCE
Bay Alarm Limor Margalit 510-639-2652 www.bayalarm.com Detect All Security & Fire Amy Roither 510-835-4100 www.detectall.com
Golden Gate Locksmith Co Ralph Scott 510-654-2677 firstname.lastname@example.org R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.com Sentry Alert David Ingham 510-549-0306 www.sentryalert.com SEISMIC CONSTRUCTION
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 SIDING
James Hardie Building Products Ellen Dowd 800-426-4051 www.jameshardiecommercial.com SOLAR POWER
Belenus Renewable Energy David Nolan 415-244-6383 www.belenussolar.com TENANT SCREENING SERVICE
Contemporary Information Corp. (CIC) Dan Firestone 888-232-3822 www.continfo.com TOWING SERVICE
Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.com TREE SERVICE
Coastal Tree Service Hans Waller 510-693-4631 www.coastaltreeservice.com WASTE & WASTE HANDLING EQUIPMENT
DR3 Mattress Recycling Robert Jaco 510-798-3734 www.mattressrecycling.us Junk King Paul Bains 510-982-9650 email@example.com Waste Management Company David Tucker 510-430-8509 www.wastemanagement.com WINDOWS
SGK Home Solutions Vladmir Merabian 408-264-6964 www.sgkhomesolutions.com The Window Specialist Tom From 510-923-1000 www.window-specialist.com ebrha.com
RENTAL HOUSING 41
PRODUCTS & SERVICES
EAST BAY RENTAL HOUSING ASSOCIATION
Membership Application for Property Owners and Managers
APPLIANCE PARTS & SALES
Appliance Parts Distributor. . . . . . . . . . . . . . 7 ASSOCIATIONS
National Apartment Association . . . . . . . . . 9 ATTORNEYS
Bornstein & Bornstein. . . . . . . . . . . . . . . . . . 43 The Evictors. . . . . . . . . . . . . . . . . . . . . . . . . . 35 Fried & Williams LLP. . . . . . . . . . . . . . . . . . . 13
JOIN TODAY AND RECEIVE BENEFITS SUCH AS:
FREE RENTAL FORMS MONTHLY MEMBERSHIP MEETINGS
BATHTUB & SHOWER ENCLOSURES
American Bath. . . . . . . . . . . . . . . . . . . . . . . . . 5 Bathfitter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
LEGAL REFERRALS EDUCATIONAL CLASSES FREE SUBSCRIPTION TO RENTAL HOUSING MAGAZINE
Urban Ore. . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
CARPETING & FLOORING
Bay Area Contract Carpets, Inc.. . . . . . . . . 31 CONSTRUCTION
SEMINARS & WORKSHOPS
West Coast Premier Construction. . . . . . . 35
TENANT SCREENING SERVICE
Earthquake and Structures, Inc.. . . . . . . . . 15 HAZMAT RESPONSE
Morgan Environmental. . . . . . . . . . . . . . . . . 22 HEATING & AIR CONDITIONING
DP Heating & Air. . . . . . . . . . . . . . . . . . . . . . 33 INSURANCE COMPANIES
CIG Insurance. . . . . . . . . . . . . . . . . . . . . . . . . 23 NorthStar Risk Management. . . . . . . . . . . . 13 LANDLORD RESOURCES
Alameda County Bar Association Volunteer Legal Services. . . . . . . . . . . . . . . . . . . . . . 20 CITY
Wash Multifamily.. . . . . . . . . . . . . . . . . . . . . . 12 PHONE EMAIL
RENTAL PROPERTY LOCATION
LOCKSMITH EVICTION SERVICES
Cooperative Center FCU.. . . . . . . . . . . . . . . 33 JPMorgan Chase Bank. . . . . . . . . . . . . . . . . 16 Golden Gate Locksmith Co. . . . . . . . . . . . . 33
ANNUAL MEMBERSHIP DUES (TAX DEDUCTIBLE):
1-2 UNITS = $249.00
3-4 UNITS = $269.00
Salsbury Industries.. . . . . . . . . . . . . . . . . . . . 17
5-8 UNITS = $289.00
9-16 UNITS = $299.00
Team Too. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
17+ UNITS = $299.00 + $5.00 PER UNIT
CHECK (PAYABLE TO EBRHA)
Albert Nahman Plumbing . . . . . . . . . . . . . . 32 PROPERTY MAINTENANCE SUPPLIES AMERICAN EXPRESS
Ferguson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PROPERTY MANAGEMENT
ACRE Property Management . . . . . . . . . . . 26 Maisel Property Management. . . . . . . . . . . 32 PROPERTY MANAGEMENT & SALES
Bay Property Group . . . . . . . . . . . . . . . . . . . 43 Beacon Properties. . . . . . . . . . . . . . . . . . . . . 35
NAME ON CARD
Sungevity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
DETACH THIS FORM AND FAX OR MAIL TO THE ADDRESS BELOW
360 22nd Street, Suite 240
Applied Waterproofing Systems . . . . . . . . 33
Oakland, CA 94612
WINDOWS, DOORS & SIDING
510.893.9873 | FAX 510.893.2906
| APRIL 2013 |
Frank Fiala Roofing. . . . . . . . . . . . . . . . . . . . 31 General Roofing Co. . . . . . . . . . . . . . . . . . . . 33
East Bay Rental Housing Association
42 RENTAL HOUSING
SGK Solutions.. . . . . . . . . . . . . . . . . . . . . . . . 44 Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered.
Non Payment of Rent Evictions Nuisance Evictions Owner Move-In Evictions Rent Board Petitions General Landlord-Tenant Litigation
With Offices in San Francisco and Oakland
CALL US: 510-836-0110
(Call Now For a Free Estimate)
The April issue of Rental Housing magazine, the official publication of the East Bay Rental Housing Association.