Saturday, May 9, 2020

250 Oakland Tenants go on Rent Strike Against Mosser Companies to Protest Rents and Construction


See article published in Berkeleyside on May 8, 2020 discussing this rent strike.
The article mentions passing repair costs on to tenants. There is a little known landlord program in Oakland allows the owner to pass along capital improvement costs plus the interest on a loan to underwrite those costs to the tenants.

Published on the Oakland Rent Adjustment website is the following:

"Capital improvements include improvements to the property. A landlord may apply a rent increase to reimburse themselves for property improvements that benefit the tenants. Reimbursement is limited to 70% of the cost of the improvement amortized over its useful life. Property owners must also show that these costs were paid. Examples include: copies of receipts, invoices, bid contracts or other documentation."



To pass along these "improvements," the landlord has to file a petition with the rent board. Such "improvements" as painting the exterior of the building can be passed along to the tenants as a "benefit" to the tenants. This, of course, is arguable but then arguing the "benefit" puts you and your landlord in an adverse position which can have other ramifications such as the application of a "banked rent" increase which can have a significant impact on the tenant.

Thursday, May 7, 2020

State and Federal Movement to Cancel Rents and Landlord Mortgages during the COVID-19 Crisis

There is both a state of California initiative sponsored, among others, by ACCE, a statewide advocacy organization, as well as a Congressional initiative to cancel rents and landlord mortgages related to the COVID-19 pandemic.

Photo by Lance Grandahl on Unsplash
For more about the state initiative, click here and here.

For more about the federal initiative to cancel rent and landlord mortgages, known as H.R.6515 and sponsored by Representative Ilhan Omar of Minnesota, click on the links below:

H.R. 6515

To help support the federal initiative, click here.

Wednesday, May 6, 2020

City of Richmond Issues Supplemental Order Prohibiting Rent Increases and/or Evictions for Residential and Commercial Rental Units

This just in! 

Re-posting this announcement from the City of Richmond:

"The Director of Emergency Services issued a Supplemental Order, effective April 27, 2020, which extends the prohibition on certain types of evictions to commercial tenants and also prohibits rent increases on residential properties with more than one dwelling unit that were constructed before February 1, 1995 (including LIHTC properties) through May 31, 2020, or any extension of the local emergency."

"(NOTE: restrictions on rent increases do not apply to properties with one dwelling unit on one parcel, permitted dwelling units constructed after February 1, 1995, Project-Based Section 8, Section 202, and Public Housing Units)."

"Please contact the Rent Program at 510-234-RENT or rent@ci.richmond.ca.us if you have any questions about whether a unit is subject to the rent increase restrictions."

Friday, April 10, 2020

Berkeley Rent Board Adopts "Good Samaritan" Regulation Assuring Property Owners No Penalty For Lowering or Forgiving Rent During COVID-19 State of Emergency

Below is an excerpt of an email sent by the Berkeley Rent Stabilization Board on April 4, 2020 relating to a landlord's agreement to temporarily reduce or forgive rent due to COVID-19:


"The Rent Board has received numerous calls from property owners asking if they may temporarily reduce or forgive rent to assist their tenants in coping with the COVID-19 crisis without that act of kindness resulting in a permanent reduction in the amount of rent that can be charged for the unit. In most cases, the property owners have always had this ability, with only newer tenancies being in doubt. On April 4, 2020, the Rent Board adopted an emergency regulation that makes clear that for ALL tenancies that began prior to March 3, 2020, an owner may reduce or forgive rent owed without that generosity changing the rent ceiling for the unit. Please see the announcement below.

FOR TENANCIES THAT BEGAN ON OR BEFORE MARCH 3, 2020: Rent Board emergency Regulation 1017.5 allows a landlord and tenant to agree in writing to a temporary rent reduction throughout the duration of the local State of Emergency for the COVID-19 pandemic without reducing the lawful rent ceiling. Ordinarily, under Rent Board Regulation 1013(A)(2), the lawful rent ceiling must account for discounted or "free" rent during the initial term of the tenancy. Regulation 1017.5 supersedes this existing rule.

The written agreement must include a statement that the reduction is temporary, and is not related to market conditions, habitability, or a reduction in housing services. Written agreements entered into during the local State of Emergency may extend beyond the expiration of the local State of Emergency where the landlord and tenant expressly agree to the duration in writing."


Thursday, April 9, 2020

Judicial Council Issues Emergency Rule to Suspend Evictions and Foreclosures

On Monday, California's Judicial Council, representing the state courts, unanimously voted to suspend evictions and foreclosures in California, other than those necessary to protect public health and safety, until 90 days after the state of emergency related to COVID-19 is lifted.


For more information, click here. For the rules, click here.

Also see: https://newsroom.courts.ca.gov/news/judicial-council-adopts-new-rules-to-lower-jail-population-suspend-evictions-and-foreclosures