Vote to Increase Tenant’s Rights Concerning Owner Move-In Evictions In Berkeley!

On November 8, 2016, voters in Berkeley will have an opportunity to vote their say on ballot measure AA which asks:

Shall an ordinance amending the Rent Stabilization Ordinance to: 

• Prohibit owner move-in evictions of families with children during the academic year;
• Increase the amount of relocation assistance required for owner move-in evictions to $15,000 with additional $5,000 for certain tenants;
• Clarify protections for elderly/disabled tenants;
• Require filing of eviction notices;
• Change the source of interest rates for security deposits; and ,
• Clarify exemptions and penalties to conform with state law, be adopted? 

Were it up to me, I would resoundingly say “Yes” to MeasureAA. Here’s why:

In calendar year 2000, voters enacted a ballot measure to provide low-income tenants relocation assistance of $4,500 per tenant household.  While “tenant household” is not clearly defined in the Berkeley Municipal Code, it is interpreted to include all tenants in the rental unit who have lived in the unit for over one year and who are “low income.” 

Since 2000, the median rental rates have increased by over 160% and moving costs have also escalated. In fact, rents in the East Bay are unaffordable for many renters and require renters with limited incomes to move as far out as Vallejo to find affordable housing.  This impacts renters commute time to work as well as the commuter costs, eliminating any cost-savings resulting from their relocation to a new area.

Recognizing the need for affordable housing and landlord’s fraudulent use of an owner move-in eviction as a just cause for eviction, the Berkeley Rent Stabilization Board recommended a change in the law, campaigned with the city council, and managed to get Measure AA on the November 2016 ballot.

Now, voters in Berkeley not only have an important vote in an historic presidential election, voters will impact renters city-wide in Berkeley.  To read more about the ballot measure, click here.

So, get to the polls on November 8 and make your voice known. Vote for Measure AA!

New Law Prevents Tenants From Unfair Blacklisting

Did you know that if an unlawful detainer proceeding (an eviction) is filed against you in California, that the records are sealed from public access from the date that the summons and complaint is filed with the Clerk of Court?

Once filed with the court, the Clerk of Court will mail a letter to you informing you about the lawsuit and that the records are sealed for 60-days from public access from the date that the complaint was filed.

But, what happens after 60-days?  Then records of the eviction proceeding against you become public and stays public even if you settle the case with your landlord or if you, the tenant, win the case against your landlord and get to stay in the rental residence. Evidence of the unlawful detainer filing against you can blacklist you as a tenant even if you won the case and remain as a negative mark on your credit report for 7-years!

However, this just changed! The following organizations,Tenants Together, Western Center on Law & Poverty, and California Rural Legal Assistance Foundation, have advocated for a change to Cal. Civil Code section 1161.2 and to enact 1167.1, both of which allow an eviction proceeding to remain sealed against public view if the case is dismissed or settled or the tenant wins the case after 60-days has elapsed.

The new Cal. Civil Code section 1167.1 prevents an eviction record from being publicly accessible if, within the first 60-days of filing, a proof of service of the summons has not been filed with the court.  When a lawsuit is filed against you, the landlord must "serve" you with notice of the eviction proceeding. California has very strict rules about how to notify the tenant. Moreover, once the tenant is served with the summons and complaint (e.g. the eviction proceeding), the landlord or his or her attorney must file a "Proof of Service" which testifies that you were properly notified about the lawsuit and by whom.

Cal. Civil Code section 1167.1 allows the Court to dismiss the eviction proceeding against you if no Proof of Service of the Summons was filed with the court within 60-days after the Summons was filed with the Clerk of Court.

This is landmark legislation that was just enacted into law by Governor Jerry Brown under Assembly Bill 2819. This is a major "win" for tenants and is the right thing for the state to do.

Calling All Oakland Tenants to Vote in the November 2016 Election!

Oakland is the fourth most expensive rental market in the nation! The tenants who I have been advocating for have experienced up to 50% increases in monthly rent if they live in a single family home, owner-occupied duplexes or triplexes or newly constructed units. These units, which are generally exempt from rent control, are covered under state law and all that is required for rent increases greater than 10% is a 60-Day Notice of Rent Increase from the landlord.

Other tenants who are covered by rent control may still be receiving illegal rent increases that exceed the rent increase cap allowed by the Oakland Municipal Code. However, many tenants have never faced exorbitant rent increases before, don't know their legal rights, and even if they are aware of their legal rights, are afraid of retaliation from the landlord if they petition the Oakland Rent Adjustment Program for a hearing on the matter.

With the support of Rebecca Kaplan and other city council members, as well as tenant's rights groups, a new ballot measure is slated for the November 2016 election.  It's critical that Oakland residents vote for this important amendment to the existing municipal code to afford renters significantly more protection than exists today.

The November ballot measure includes these important new protections to further strengthen Oakland's rent control program; the new Renter Protection Measure will:

• Require landlords to petition the city for approval of large rent increases. In the past, the burden of enforcing rental law was placed on the tenants.

• Extend the city’s just-cause eviction law to buildings built before 1995. The law currently only covers buildings built before 1981. This would protect many long-time residents.

• Expand the duties and powers of the Rent Board and the Rent Adjustment Program to increase accountability and effectiveness, including regular public reports and an annual notification to landlords and tenants about what rent increases are allowed and how to get more information about our laws.

So, don't sit on your rights! Get out and vote in the November election!