Former Director of Just Cause Appointed to Berkeley Rent Board in May 2016

Marìa Poblet, who was the executive director of Causa Justa: Just Cause, a regional housing and immigrant rights organization, was appointed to the Berkeley Rent Board and  will serve until Nov. 20, 2018, and then will be required to run for election if she wants to retain her seat.  To read more about this well-known tenant rights advocate, click here.

Tenants Served with Eviction Notices Just Days Before Christmas (Alameda)

Click here to see the story on KRON4 TV news.

Unfortunately, the notices are compliant with the Alameda Rent Stabilization program requirements.

Some Landlords are Taking Advantage of a Loophole in Oakland's Municipal Code - Closing the Loop

Some Oakland tenants are receiving notices that their landlord is applying for an exemption from rent control based on "substantial rehabilitation" from the Oakland Rent Adjustment Program.  In fact, during the past six years, 33-35 buildings in Oakland have been exempted from rent control based on this exemption basis which, in turn, allows landlords to raise rent to market rate. And, market rate is edging up considerably with the influx of high technology employees from Silicon Valley employers such as Google and as Oakland becomes the hot new rental market in the Bay area.

Under Oakland Municipal Code (O.M.C.) 8.22.030.B(2), buildings that are substantially rehabilitated can be exempted from rent control even if they were previously covered as follows:

a.  "In order to obtain an exemption based on substantial rehabilitation, an owner must have spent a minimum of fifty (50) percent of the average basic cost for new construction for a rehabilitation project and performed substantial work on each of the units in the building.

b.  The average basic cost for new construction shall be determined using tables issued by the chief building inspector applicable for the time period when the substantial rehabilitation was completed.

c.  An owner seeking to exempt a property on the basis of substantial rehabilitation must first obtain a certificate of exemption after completion of all work and obtaining a certificate of occupancy. If no certificate of occupancy was required to be issued for the property, in lieu of the certificate of occupancy an owner may provide the last finalized permit.,,"

There is a growing movement among tenants and tenant's rights activists to close this loophole as evidenced in the following articles feature in the East Bay Express.  The loophole was temporarily closed for 6-months on November 8, 2017 to afford the City Council and City Attorney's office time to redraft the municipal code after carefully weighing both the tenant and the property owner's side of the issue.

See:  "Some Landlords are Using A Legal Loophole to Exempt Housing from Rent Control."

See:  "Oakland Council Delays Considering Reform of Tenant Protection Loophole."

See:  "Oakland Rent Control Loophole Temporarily Closed."

Berkeley Passes Tenants Protection Amendment

According to Major Jesse Arreguin in a March 14, 2017 recommendation to the City Council, city leaders had been considering a tenant protection ordinance in Berkeley since 2016 in response to tenants rights advocates and significant changes in the rental market. Quoting from the Mayor's memorandum,

"In this housing market, where rents are increasing dramatically, there is a huge incentive for owners to force out long-term tenants in order to receive a higher market rent.  There have been an increasing number of cases of tenant harassment in recent years in Berkeley,  Some renters do not raise habitability issues with their owners or with city inspectors for fear of retaliation. Some renters have also been subject to constant disruptive behavior as a means to constructively evict.  Some have also received verbal or written threats of eviction, with no legal basis."

San Francisco adopted a Tenant Harassment policy in 2008. Oakland also adopted a Tenant Protection Ordinance in 2014 which provides the tenant a private right to sue based on the TPO or a legal action can be initiated by the City Attorney.  

The Tenant Protection amendment in Berkeley can be found here under B.M.C. chapter 13.79.060.

Interestingly, landlords are now required to provide a notice regarding the provisions of Section 13.79.060 to all Tenants using the required form prescribed by the City staff, at the beginning of a tenancy and with any notice of termination of tenancy. Failure to provide said notice shall be a defense in any unlawful detainer action.

Uniform Relocation Payments Plan Passed in Oakland!

On November 8, 2017, the City Council voted to adopt a modification to the Oakland Municipal Ordinance to award uniform relocation payments for no-fault evictions such as owner move-in evictions. Click here to read a news report for more information.

Read the blog post on November 7, 2017 for more information about specific changes to the code relating to uniform relocation payments. 

This is another historic move for the City of Oakland, stimulated by an escalating rents in the local market and advocacy from tenants rights groups, and championed by Ms. Rebecca Kaplan and City Councilmen Dan Kalb.  Hear, hear!

Oakland City Council Meets to Decide on a Uniform Schedule of Relocation Payments for No-Fault Evictions

The full City Council will meet this evening to decide upon Rebecca Kaplan's proposed ordinance. This ordinance would set Ellis Act and all no-fault evictions to a uniform schedule of relocation payments as follows:

$6,500 per studio/one bedroom units
$8,000 per two bedroom units
$9,875 per three or more bedroom units

Low income, elderly or disabled tenants and/or households with minor children may be entitled to $2,500 additional in relocation payments under this new proposal.

Relocation payments for temporary relocations (such as code enforcement mandated relocations) currently codified would newly extend to condominium conversions.

These proposed relocation payments, if enacted, would increase annually according to the inflation rate (e.g. the Consumer Price Index.)

While I fully support Ms. Kaplan's proposal, residents in Berkeley who are protected by rent-control receive far more generous relocation payments but Oakland's proposal probably reflects a more diverse and lower economic basis, and attempts to achieve a fair balance between tenant's rights and landlord's rights.

To review the proposed ordinance, please click here. Better yet, attend the City Council meeting tonight at 5:30 p.m.

Finally, Kaplan and City Councilperson Dan Kalb are proposing a moratorium on evictions due to substantial rehabilitation, another glaring loophole in Oakland's municipal code. Click here to review a recent report in the East Bay Times.

Tenants Reach a $3.5 Jury Verdict in San Francisco

and the City Attorney assesses an additional $2.7 Million in government fines for 1,612 violations of law.  See article featured in SF Weekly.

California Pet Rescue and Adoption Act Signed into Law

Governor Jerry Brown recently signed AB 485 into law requiring pet stores to forgo selling puppies purchased from puppy mills to retailing pets obtained from California animal shelters. Pets include puppies and dogs, cats and kittens, and rabbits which will arrive at the retail outlets already spayed/neutered and vaccinated.

This is a win/win for shelter animals and to help discourage puppy mills where dogs are bred and raised in horrendous conditions, conditions documented in the film "Dog by Dog."

Each year, tens of thousands of shelter animals are killed due to lack of shelter space and available homes. This new law is not only designed to provide good homes to animals but will help to alleviate pressure on county budgets and California taxpayers.

Soaring rents, evictions, tenants rally in Oakland to close landlord loopholes in Just Cause protections

Click here to read about the Tuesday, 9/26/2017 tenant's rally in Oakland to protest loopholes in the Oakland Municipal Code as it relates to evictions with the "just cause" of substantial rehabilitation and owner move-ins.

OAKLAND WAREHOUSE COALITION and CENTRO LEGAL de la RAZA team up to RALLY FOR TENANTS RIGHTS

12pm - RALLY FOR TENANTS RIGHTS 1:30pm- CITY COUNCIL OPEN FORUM  We're teaming up with Centro Legal de la Raza in solidarity with their clients the JDW Tenants' Association. Members occupy 13 buildings which their owner, JDW Enterprises, is attempting to exempt from rent control.  There are many loopholes in rent control, but JDW's weapon of choice here is Substantial Rehabilitation. Normally reserved for decrepit buildings that have been fully refurbished,

JDW is claiming this exemption despite the fact that they haven't done the quantity of upgrades required to qualify. While tenants are hopeful for their upcoming hearing at the Rent Board, we all feel that this loophole should be forever banished from our Rent Adjustment Ordinance.  More details in the recent East Bay Express article. Here are the joint Oakland Warehouse Coalition / Centro Legal de la Raza demands for City Council in this legislative season, which we will breeze through at the rally, then march right in to the Community & Economic Development Committee at 1:30 pm and do the same!  Grab any of these for talking points and make your voice heard in Committee by signing up to speak at Open Forum. Close the Substantial Rehabilitation loophole that allows landlords to exempt units from rent control with minor repairs; End the owner-occupied duplex/triplex exemption from rent control and Just Cause; Require landlords to pay relocation funds for all no-fault evictions, including owner move-in evictions; Require landlords to pay relocation funds when they raise rent above 10 percent and tenants are forced to move out; Pass protections for tenants facing unfair buyout offers; Add tenant protection plans to the Building Department’s permitting process, including all non-conforming residential properties. Require immediate notification by the City to all occupants of a property when a permit application has been filed, an inspection has been scheduled, or a notice of violation has been sent; Create a routine code inspection program that prioritizes health and safety while guaranteeing no loss of housing Change Code Enforcement policy to protect existing tenants: Stop issuing notices that call for discontinuance of residential use when there is no immediate life safety concern; Prohibit discrimination based on source of income or Section 8 status; and Increase funding for proactive universal enforcement of all Oakland tenant protection laws.

The Ultimate Liability for Negligent Master Tenant - Manslaughter

"Ghost Ship warehouse master tenant Derick Almena was arraigned Thursday on 36 counts of involuntary manslaughter for the fire that killed 36 people in Oakland’s Fruitvale district last December."  Click here for full article published in the San Francisco Examiner.

Tenants Together Asks for Your Help

Tenants Together, a state-wide organization backed by leading non-profit organizations such as the National Housing Law Project, asks for your help to defeat a state-wide bill proposed by the California Apartment Association as described below:

"Assembly Bill (AB) 943 (Santiago) is a stunning attempt by the real estate industry to silence the voices of California voters. If passed, the California Apartment Association (CAA) would use this law to sue cities to stop new rent control laws. 

The bill would raise the threshold for certain local ballot measures relating to real estate development. Under AB 943, a ballot measure that “would reduce density or stop development or construction,” would require a supermajority to pass – 55% of the vote – instead of the usual majority. Imagine the CAA filing lawsuits to argue that rent control should take 55% of the vote to pass at the ballot, pursuing frivolous cases against cities who agree...that rent control does not affect new construction.

AB 943 is so vague that, if passed, the CAA will use it to undermine pretty much any ballot measure it doesn't like, including inclusionary housing laws, rent control laws, and others that CAA regularly argues somehow deter development. The bill offers no guidance on what kind of ballot measures are covered, so local city attorneys would need to decide on a case-by-case basis, which ballot measures suddenly require 55% of the vote to pass.

AB 943 is a power grab by the real estate industry. The proposal is unnecessary, unfair and anti-democratic. The CAA simply seeks to change the rules to make sure the industry wins more often in local ballot fights. Urge your representatives to vote no on AB 943."

Click here to send an e-mail to your representatives through Tenants Together.

Notorious Kenyan Landlord Fined $24 Million for Unlawful Evictions and Tenant Harassment - San Francisco

An excerpt of this article by Hoodline published on 5/3/2017 follows:

"A San Francisco Superior Court Judge has ordered a landlord accused of committing hundreds of state housing law violations against rent-controlled tenants to pay roughly $2.4 million in penalties to the city."

"In a statement, Judge Angela Bradstreet made a tentative ruling against landlord Anne Kihagi and her associates, accusing her of harassment, service reductions and unlawful and fraudulent evictions.  The court also found more than 1,250 violations of California’s unfair competition law."

"San Francisco City Attorney Dennis Herrera’s office sued Kihagi in June 2015. 'You can’t come to this city and lie, cheat and steal your way to massive wealth on the backs of residents,' he was quoted as saying. 'We’re not going to allow it.'"

"The judge’s decision voids Kihagi’s pending evictions—including a number of elderly residents who were in the process of being evicted from their residences on Guerrero Street—and prevents the landlord from communicating with any past, present or future tenants."

"She’ll instead have to hire an independent, city-approved property manager. Kihagi has also been ordered to pay the city $2.4 million for expenses associated with its cases against her."

See full article here. Also see an article from the Kenyan press here.

EASY BAY EXPRESS "Oakland Looks to Close Owner Move-In and Occupancy Loopholes, Reduce Evictions and Harmful Rent Increases"

An excerpt of the article follows:

"A key committee of the Oakland City Council approved the first step in drafting stronger protections against bogus owner move-in evictions today.

The Community and Economic Development Committee voted unanimously in favor of Councilmember Rebecca Kaplan's request to have the city's rent board study the problem and come up with solutions that will better protect renters.

According to tenants and tenant attorneys, there has been an uptick in the number of fraudulent owner move-in evictions in Oakland in the past half year, and some landlords have also pretended to live in small apartment buildings (under three units) to gain exemption from rent control and just cause eviction protections. This allows them to get rid of tenants they don't like and increase rents by any amount.

Councilmember Kaplan said at today's hearing that her office has received numerous complaints of fraudulent owner move-in evictions in recent months.

"I'm thrilled we are able to move forward on this important and growing problem of potentially false over occupancy evictions," said Kaplan after the hearing."

An excerpt of Ms. Kaplan's Resolution, which passed unanimously by the Oakland City Council, follows:

"WHEREAS, Oakland's Just Cause Ordinance (O.M.C. 8.22.300) exempts buildings with two or three units from just-cause protections if a property owner lives in one of the units_ as a, primary residence; and

WHEREAS, this means that renters in buildings with two or three units risk no-fault eviction,
should an owner move into one of the units; and

WHEREAS, this exemption has the benefit of helping mom and pop landlords, who live in
buildings with two or three units, but is susceptible to abuse; and

WHEREAS, false owner-move ins and owner-occupied exemptions are increasing in the City of Oakland as a tactic to push out existing tenants and raise rents; and

WHEREAS, such false owner-move ins and owner-occupied exemptions is exacerbating
Oakland's severe housing supply and affordability crisis, and threatens the public health, safety and/or welfare of our residents; 

RESOLVED: That the Oakland City Council requests the Housing Residential Rent and 

Relocation Board to consider regulations to have property owners who [own and occupy] duplexes and triplexes to confirm owner-occupancy status through a certificate of exemption or other administrative process for exemption from the Just Cause for Eviction Ordinance. . ."

My thoughts? Kudos to Kaplan for helping to close this loop!

Reflecting on Master Tenants

It is on my solitary sojourns that I often do my best thinking. Today, I hiked in Tennessee Valley where cotton-tailed rabbits darted in and out of the grasses and the trails were adorned with native flowers. Today, I reflected upon a recent question from a landlord about why the “master tenant” is called a landlord.

I once rented from a master tenant in Berkeley. I leased a room and shared the common areas of the upper level of a house. My housemate was a highly intelligent woman from Bosnia, a single mother with a young child and a hot temper.

For nearly one year that I called Berkeley home, Mr. Master Tenant (MMT) was living in Italy. In fact, I never met him. I was asked to write out my monthly rent check to MMT while my housemate deposited our checks into MMT’s bank account and the rent was somehow timely paid to the property owner. In effect, MMT was my landlord since all my rent checks were made out to him.

As I became acquainted with the property manager, I learned more about MMT and the landlord's two attempts to evict him. The litigation spanned over eight years and culminated in a landmark decision in MMT’s favor in the California Court of Appeals.

Similar to Berkeley, San Francisco has a rent control and just cause municipal ordinance overlaid with additional rules and regulations, both of which must be read together to understand the housing rights afforded San Franciscan renters.

In San Francisco, the definitions of landlord, rental unit, and tenant are clearly set out in the municipal code in sections 37.2 h, r and t. A good definition of “master tenant” is provided by the San Francisco Housing Rights Committee which describes a master tenant as a “tenant who moved into the premises under a written or oral contract with the landlord or who inherited the apartment after the original master tenant left. S/he collects the rent from the subtenants and pays it to the landlord. [S/he] is also responsible for informing the landlord of repair and other issues.” San Francisco Rules & Regulations Sec. 6.15C describes a master tenant as "a landlord who is not an owner of record of the property and who resides in the same rental unit with his or her tenant (a 'Master Tenant.')"

Master Tenants sometimes take advantage of their subtenants as in the infamous case of German Maldonado who was not only a master tenant but a property manager for the landlord. Maldonado took $41,000 in rent payments from tenants and subtenants and failed to pay the rent to the landlord. His actions eventually resulted in the evictions of all the tenants residing in a building on 26th Street in San Francisco and a $780,000 judgment against Maldonado from a class-action lawsuit filed against him by some of the evicted tenants.

Concerning my own experience in Berkeley, I learned that the landlord spent over $100,000 in attorneys’ fees and costs in his two attempts to evict MMT. After losing his case at the appellate level, the landlord resigned himself to leaving MMT alone even while MMT was not actually living in his “castle,” a castle that he had won for life with all the benefits of Berkeley rent control and just cause eviction ordinance.

San Francisco Tries To Tackle Fraudulent Owner Move-In Evictions

See news article here:

What is the Maximum Amount that a Landlord Can Charge for a Security Deposit in California?

The maximum amount is two-times the monthly rent if the rental residence is unfurnished and three months rent if the residence is furnished.

For more details, check out this article from NOLO press.

Rent Control Registration Fees can be Passed Through to Tenants

OAKLAND

In Oakland, Rent Adjustment Program (RAP) fees are charged annually to property owners and can be partially passed-through to tenants as follows:

"Each year property owners are required to pay a fee, currently $68, for each rental unit they own that is covered by the Rent Adjustment Ordinance or the Just Cause for Eviction Ordinance (Measure EE). If the fee is paid on time, property owners are entitled to collect 1/2 of the fee ($34) from the tenant(s) of the rental unit for which the fee is paid."

BERKELEY

In Berkeley, the registration fee is $270 per year and $11.00 per month can be passed-through to tenants whose tenancy began before January 1, 1999.  Reimbursement for this pass-through fee may be available for low-income tenants. Read more about it here.

Rental Agreements and Your Best Friend

Time and again, I see clients who have pets. When I review their lease agreement, I find a strict prohibition in the lease agreement against having pets.

Before you sign a lease agreement, read what you are signing. Tell the landlord that you need time to review the lease agreement and, if you are an ARAG member, hire a lawyer to review the lease and, if possible, to negotiate some of the lease clauses before signing.

While the landlord may say, “Oh, such a nice dog. I love dogs, too. Of course, he can stay,” that same dog-loving landlord may attempt to evict you for breach of the rental agreement for having that nice dog. If that occurs, you must argue that the landlord waived their right to evict you because they knew that you had a dog and they allowed you to keep a pet even though the written agreement had a NO PETS clause.

To argue waiver and succeed, you will need proof that the landlord waived their right to evict you.

• You may have a photo of the landlord and your dog together at the residence. 

• Or you may have one or more witnesses that saw the landlord, with your tail-wagging dog behind them, at your residence. 

• Or, perhaps contractors showed up at the residence with the landlord to conduct repairs and can testify that the landlord knew that you had a dog and made no mention of it until things went awry in the landlord-tenant relationship.

For the sake of your best friends (your dog, cat or other pet), please review your lease agreement before signing it and make sure that if there is a NO PETS clause in your lease agreement, that you write a line through the clause and initial it and ask the landlord to initial it, too.

Attorney and her Best Friends

Too many times you may have to make a choice - your home or your pet. Too many times, I have seen pets given up to shelters or euthanized because of a NO PETS clause. Don’t let this be you! Don’t let your best friend down.

What the. . . Health? Is what you are eating making you sick?

Watch the new groundbreaking film "What the health" which exposes the collusion and corruption in government and big business that is costing us trillions of healthcare dollars, and keeping us sick with cancer, diabetes, and cardiac disease.

Click Here to Watch "What the Health"

Foreshadowing Live/Work Tenant's Rights in Oakland

Since the Ghost Ship fire in Oakland, live/work buildings in commercial zones have become a focus of the City. Live/work buildings have been traditionally occupied by artists and low-income tenants, many of whom have resided in an industrial building without heat, adequate ventilation, and with mold and mildew, leaky roofs, and shared utilities. Since the Ghost Ship fire, building code enforcement seems to have sharpened its’ teeth but under an executive order from the Mayor, the city has identified certain buildings to bring into code compliance with attempts to lessen tenant displacement.

For example, the building pictured here is on International Boulevard in the Fruitvale-Harwood-International neighborhood in East Oakland and is a beautiful brick structure. The building was built in the 1920’s and is adorned with an impressive tower finished off by art-deco embellishments. But, the broken windows, graffiti, and hand-made signs are an exterior glimpse into the conditions that exist inside in this much neglected building.

This mixed use building is in an area zoned CN-3 for the portion fronting on International Boulevard and IG (Industrial General) or Commercial Industrial Mix-2. 

The property also sits in an S-19 zone which means that under the Oakland planning code, the area is in a hazardous waste area. In fact, the property nearby, previously occupied by a General Electric facility was found to have PCB’s, trichloroethene, and other toxic substances in the ground-water and soil.

After apparent public notice, the property management company applied for and recently received numerous building permits between December 21, 2016 and June 6, 2017 to convert 21 illegal live/work units to legal units and to add 38 new live/work units.

Their application for permits was made after the property owner in an application to the Landmarks Preservation Advisory Board in Oakland proposed to convert a "commercial space into ...live/work units in a designated historic property" on December 13, 2016 and it appears that the architectural plan was approved by the Oakland Planning Department.

Preliminary to the conversion of the building, existing tenants may have been offered “cash-for-keys” or buy-out offers to relocate. Others who may have turned down buy-out offers may have been provided a 30 or 60-day notice to move based on the just cause of substantial repairs.

To be valid, an eviction notice related to the just cause of substantial repairs must include the following statements under Oakland Municipal Code (O.M.C.) sec. 8.22360(A)(10):

1. That the owner of record has obtained all necessary building permits on or before the date upon which notice to vacate is given and seeks in good faith to undertake substantial repairs that cannot be completed while the unit is occupied, and that are necessary either to bring the property into compliance with applicable codes and laws affecting health and safety of tenants of the building, or under an outstanding notice of code violations affecting the health and safety of tenants of the building.

2. The owner of record shall proceed without unreasonable delay to effect the needed repairs.

3. The tenant shall not be required to vacate for a period in excess of three months but this period may be extended by the rent board.

4. Upon completion of the needed repairs, the owner shall offer the tenant the first right to return to the premises at the same rent and pursuant to a rental agreement of substantially the same terms, subject to the owner of record's right to obtain rent increase for capital improvements consistent with the terms of the Oakland Residential Rent Arbitration Ordinance or any successor ordinance.

5. An eviction notice terminating tenancy must include the following information:

• A statement informing tenants as to their right to [relocation] payment under the Oakland Relocation Ordinance. 

• A statement that "When the needed repairs are completed on your unit, the landlord must offer you the opportunity to return to your unit with a rental agreement containing the same terms as your original one and with the same rent (although landlord may be able to obtain a rent increase under the Oakland Residential Rent Arbitration Ordinance [O.M.C. Chapter 8.22, Article I)." 

• An estimate of the time required to complete the repairs and the date upon which it is expected that the unit will be ready for habitation. 

Since the building pictured here is being substantially converted to bring illegal live/work units into compliance and to add new live/work units within building code regulations, it appears that relocation payments are covered by O.M.C. Chapter 15.60.

O.M.C. Chapter 15.60 was modified and the modifications adopted by the Oakland City Council as of January 19, 2017. In fact, there are two City Ordinances adopted (but not yet codified), namely 13416 and 13417.

The new O.M.C. Chapter 15.60 redefines "Code Compliance" to be more inclusive than relocations for "red-tagged" buildings only. The building pictured here appears to fall under the purview of the planning department.

A notice to terminate tenancy must comply with O.M.C. 15.60.060 and attach a "relocation program summary." [This last requirement assumes that a current relocation program summary that is compliant with the newly enacted code is drafted and available by the City.]

Finally, relocation payments are no longer based on fair market HUD rates for comparable units and there is an additional allotment for disabled, elderly, low income tenants, and/or households with children. Relocation payments are described in O.M.C.8.22.450.

Also note that with substantial repairs being used as a just cause for eviction, the eviction notice must be filed with the City of Oakland Rent Adjustment Board within 10-days of being served on the tenant and the notice, then, will become part of public record. Failure to file the notice within ten (10) days of service shall be a defense to any unlawful detainer action. O.M.C.8.22.360B.7.

Tenants facing similar issues should consult an attorney to determine whether a buy-out offer is a better alternative to the mandated relocation payments before receiving an eviction notice. 

Key City contacts for displaced (or soon to be displaced) tenants are as follows:

Sabrina Landreth: City Administrator

Connie Taylor: Oakland Rent Adjustment

Pamela Hall: Code Compliance and Housing Assistance

Kelley Rush: Admin. Assistant, ORAB for public records of eviction notices. 
(510) 238-6180

The "City Attorney's FAQ's Regarding Non-Conforming Residential Units in Light of the December 2, 2016 Warehouse Fire (1515 - 31st Avenue)" is an excellent primer summarizing tenant's rights under the newly enacted ordinances.

The City Attorney's FAQ's discusses the rental agreement which, in some cases, may be for a residential unit in a commercially zoned area. The rental agreement may provide or limit a tenant's rights and goes to the "heart" of the landlord-tenant relationship.

For tenants in live/work units, consult a private attorney concerning your rights or visit a non-profit legal agency such as those listed as resources to the right of this blog.

The Oakland Warehouse Coalition is an active advocacy group for tenants residing in live/work units and can be followed on Facebook.

In the case here, because a public notice was placed on the front door of the building and on the side-street fence, tenants and the public at large were clearly notified about changes to come. Forewarned is forearmed.

Finally, this blog contains general information and does not constitute legal advice or legal conclusions and analyses. Please consult a private attorney or non-profit legal agency for legal advice specific to your individual situation.

Forewarned is Forearmed

I love living in Oakland and the rich diversity of my community. However, I am also aware that in every large City a resident must be diligent about protecting themselves from crime. My auto was recently rifled through and the perps took an adaptor for my car-battery charger and all my repair receipts, car manual, registration and insurance cards.

Due to possible identify theft, I had to place a 90-day fraud freeze with credit reporting agencies, request that my vehicle insurance company place added security protection on my insurance account, and call the DMV. I also filed an on-line police report. I was fortunate since, a few days later, I arrived home to discover all my missing documents placed at my front door stoop. It appears that the perps took the binder of materials and discarded it in my neighborhood and some Good Samaritan returned it to me.

Although the following "notice" may be "off-topic" to this blog, please be advised about the following.

"Oakland Police Department (OPD) has seen an increase of auto burglaries occurring throughout the day and evening hours. . When parking your vehicle on the street:

• Never leave anything in public view: Phones, laptops, cords/adaptors, bags (diaper, gym, makeup), clothing, groceries, loose change, packages, mail/identity information, bank/credit card slips.

• Windows and doors: Roll them up, lock them.

• Keys: Never leave them in the ignition or in the car even for a quick errand.

• Anti-theft devices: Use them to secure steering wheel or brake pedal. They are proven deterrents.

• Alarms: Activate them when you leave the vehicle.

• Avoid parking in isolated or poorly lit areas.

If an auto burglary occurs, inform the police immediately.

For property crimes that have already occurred, call the Oakland Police non-emergency number (510) 777-3333 or submit a Crime Report Form online at www.oaklandpolice.com.

If a life is in danger or for crimes in progress call 911 or program your cell phone to (510) 777-3211.

Oakland Police Department
Neighborhood Services"

A Meaty Subject

Last weekend I attended the Farmed Animal Conference sponsored by the Animal Place Sanctuary in Grass Valley, California.

The sanctuary holds cattle, pigs, goats, chickens and other animals rescued from corporate farms and while I know that the Happy Cows of California are no more "happy" than those raised in Wisconsin, I drove away from the conference with real hope that the large-scale farming practices in the United States will be abolished in the distant future. 

What gave me hope was the innovations of new food products being developed that may replace the farming industry in the future.  

I was surprised to hear Carol Adams, author of “The Sexual Politics of Meat,” speak about her invitation to the headquarters of The Impossible Burger and the Beyond Burger. She endorsed these plant-based burgers which “taste like meat.” I can attest to the great taste of The Beyond Burger and am waiting for a special occasion to dine at Kronnerburger on Piedmont Avenue, Oakland, where The Impossible Burger is prepared by a culinary expert. Foodies from New York to California are dining on this seemingly impossible fare, a burger made from plants that actually "bleeds."

A young woman from Alameda who is a marine biologist has paired up with a biochemist and founded New Wave Foods.  Their product, a plant-based shrimp, uses the same red-algae that sea-based shrimp feed on and that provide shrimp their color.  The New Wave shrimp were delicious and, yes, they tasted like shrimp!

Rescued Roosters at Animal Place

Also highly innovative is The Good Foods Institute based in San Francisco. GFI pairs venture capitalists with companies like Memphis Meats and MosaMeats. These companies use cell-based science to produce meat in a laboratory from biopsies of cell cultures from cows, chickens, and pigs. No slaughter is involved and the meat is made without the antibiotic and hormone additives rife in the U.S. meat industry or the GMO corn and soy that is used to fatten up the animals.

Attorney Erickson with Companions

Last, I listened in awe to a woman attorney who founded the Animal Legal Defense Fund in Cotati, California. Joyce Tischler grew up in New York and she was inherently "an animal person" from birth. She became a political activist and then a lawyer with a Big Law firm. One day, Big Law paired Ms. Tischler with a case in which the Bureau of Land Management was killing 500 burrows a day and some people wanted it stopped. It was this year-long case that cemented Ms. Tischler's desire to pursue animal law as her sole legal practice. Today, the ALDF works on several fronts including the AgGag law in which corporate farms try to stifle the truth about the horrific farming practices in the U.S. while the ALDF is legislating for full disclosure.

Finally, I am heartened to see animal law take a forefront at the Lewis & Clark Law School in Portland, Oregon and to see another leading animal advocate, Bruce Wagmann  -- and a Big Law attorney - write the book (literally) on animal law in the U.S.

Soon, the Impossible Burger will open their large-scale manufacturing plant in Oakland near the coliseum, offering 80 jobs to local residents.  Now, this is a company that I can get behind!

What Rights Do Tenants and Landlords Have Concerning Open Houses?

Recently, a tenant asked me about her rights vis-a-vis her landlord. Her landlord is selling the property and his real estate agent wanted to hold periodic open houses to show the property. Of the four-unit building, the agent thought that the tenant’s apartment would be the best representation of the property and help attract buyers.

So, what about the inconvenience to the tenant? 

An excerpt of Cal. Civ. Code sec. 1954 provides some guidance:

      "(a) A landlord may enter the dwelling unit...:

             (2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (f) of Section 1950.5...

       (d)  (2)  If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or his or her agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary…"

Amended by Stats. 2016, Ch. 623, Sec. 1. Effective January 1, 2017.

The rights of landlords and tenants was recently clarified by Dromy v. Lukovsky (2013) 219 Cal.App.4th 278 in which a tenant protested an open house of a condominium although the tenant did allow private showings at pre-arranged times.

The court decided in Dromy's favor and stated that “Dromy's designated licensed real estate agent shall be entitled to hold two open houses per month’ and that open houses "may be held on weekend days between 1:00 p.m. and 4:30 p.m." Further, Dromy's designated agent "shall be present...during any and all such open houses." Finally, the judgment stated that Dromy's designated agent "shall give 10 days advance email notice to [tenant] of proposed weekend open house dates, and [the tenant] shall respond within 48 hours of receipt of same acknowledging the proposed dates or providing alternative weekend dates."

Open houses are standard practice in property sales. Permission to hold an open house is a reasonable request and consistent with state law. There may also be additional municipal laws related to private showings and open houses in rent-control jurisdictions consistent with the court's opinion in Dromy.

Tenant-landlord relationships are a balance of competing interests. While the tenant has a legal right to quiet enjoyment of the property, the landlord has a right to sell the property. The best scenario is where the tenant and landlord “sit down to the table” and work out an mutually agreeable arrangement. And, if there are multiple tenant units, the burden of private showings and/or open houses should be negotiated and, ideally, shared across all tenant households.

Getting to Know You

To get to know me better, check out my "hot-off-the-press" website which is linked below:

Law Office of Karyn L. Erickson

Berkeley's 2017 Guide to Rent Control and Recap of New State Laws Affecting Tenants

Tenants and landlords alike may find Berkeley's annual guide to rent control helpful.  For the 2017 guide, click here.

Berkeley also has a nice recap of new state law affecting landlords and tenants. Click here. Note that visible mold, as documented by a government official such as a code enforcement or health inspection officer, is now considered a substandard housing condition. 

Oakland's Rent-Adjustment Program and New Notice Requirements

Recently, a blog reader commented on my 2016 blog post concerning required rent-control notices in Oakland.  This reader’s comments were salient in that, since the passage of Measure JJ in the November 2016 election, the City of Oakland has made numerous changes to the municipal code, rent-control regulations, and to required notices. 

First, as it relates to required notices, under Oakland Municipal Code (O.M.C.) section 8.22.050, a owner of covered units must provide the following notices to tenants:

•         Notice at Commencement of Tenancy (also called “RAP Notice”); and
•          Change in Terms of Tenancy or Rent Increase.

Note that “covered units” is specifically referenced. What, then, is a covered unit?  A covered unit is “covered” by rent-control and is not exempt from the ordinance.  

Units that are exempt (or not covered) from rent-control are described in O.M.C. 8.22.030 and include duplexes or triplexes in which one of the units is owner-occupied. In addition, “Dwelling units which were newly constructed and received a certificate of occupancy on or after December 1, 1995” are also exempt. This date was recently extended from January 1, 1983. There are other exemptions which can be explored by examining the municipal code.

For covered units, there are penalties if a landlord fails to provide the notices mentioned above and includes (but is not limited to) forfeiture of a rent increase for 6-months if the rent increase is challenged by the tenant. Moreover, as of 9/21/16, notices are available in English, Spanish, and Chinese; which language is used depends upon the language in which the lease was negotiated.  All notices can be found here.

One notice that is universally required is the Tenant Protection Ordinance (TPO) which was enacted in in 2014.  For covered units, the “Notice at Commencement of Tenancy” includes the required reference to the TPO.  For non-covered units, a “Notice to Oakland of New Tenant Protection Ordinance” is required to be posted in an interior common area of the rental building or, if no common area, directly to the tenants. The remedy for violation of the TPO rests with the courts.

• ·       Common Area Notice to Tenants of the Tenant Protection Ordinance.

Note, that there are exemptions to the TPO which are different from the exemptions under the Rent Adjustment Program.  See: O.M.C. 8.22.630.

       “The TPO shall apply to all Rental Units where there is a Rental Agreement between           an Owner and one or more Tenants, unless exempted herein. The application of the           TPO includes units that may not be covered under the Rent Adjustment Ordinance             (O.M.C. 8.22.100, et seq.) or the Just Cause for Eviction Ordinance 
        (O.M.C. 8.22.300  et seq.)"  

Look to the code enacted on April 10, 2017. 

And, there is a new notice required. This notice is:

 ·         Notice of Changes to the Rent Adjustment Program.

Numerous changes to the Oakland Rent Adjustment Program and TPO have been made in response to voter’s approval of Measure JJ, the Ghostship fire, public commentary, and advocacy groups. Net, net, these changes further strengthen the RAP program for tenants and afford them more protections. Net, net, I'm proud to be a citizen of Oakland.

Don't Be an Ostrich!

Sometimes tenants, when faced with an eviction complaint, “hide their heads in the sand” and fail to answer the complaint. Their lack of response paves the way for a landlord to secure a default judgment against them. The tenant can attempt to “set aside the default judgment” with a motion but this generally requires attorney intervention.

Or, if the tenant is later served with a Writ of Possession by the Sheriff and given 5-days to relocate (or else!), the tenant can ask the court for a “Stay of Execution.” If granted by the court, a stay provides the tenant with a little extra time to pack up their belongings and move before the Sheriff revisits the property and walks the tenant out the door.  A Stay can be applied for even if the tenant fights the lawsuit and loses the case.

A stay can be made on an ex parte basis, that is, the tenant can ask for a hearing with the presiding judge without the landlord’s agreement to the hearing provided that the landlord or his/her attorney is given 24-hours advance notice of the hearing. Generally, this notice is made by consulting the opposing party by telephone. (It’s a good idea to also provide notice of the hearing by FAX and take the FAX transmittal to the court as further evidence that the landlord was given notice.)

At the hearing, the tenant can offer to “pay to stay,” and provide the court with 10 to 40-days of rent, at the per diem rent amount stated in the eviction complaint, to secure more time to find new housing. However, the tenant must show that immediate relocation would be a greater hardship to the tenant than to the landlord. The tenant must also be prepared to argue why they should be granted a stay if the landlord or his/her attorney argues that the tenant must go, and go now.

Net, net, when faced with a legal proceeding, don’t be an ostrich. Although it is difficult to do, face the legal proceeding head-on and preferably with an attorney by your side. If you can’t afford an attorney, check out the resources on the side-bar of this blog and, if all else fails, purchase a NOLO guide to help answer the complaint and represent yourself at the pre-trial and trial hearing. Finally, most landlords are open to settling with the tenant; it’s more cost-effective to work out an agreement with the tenant than conducting an eviction proceeding and considerably less stressful on both parties.

Foreclosures and Tenants Rights

The National Housing Law Project wrote that during the 2008 foreclosure crisis, “there [were] estimates that nationwide as many as 40% of the families that face eviction due to foreclosure are renters…The consequences for tenants residing in properties that have been foreclosed upon are often dramatic and may include lease termination, eviction without proper notice or a reason other than the unit has been foreclosed upon, the loss of the tenant’s security deposit, deterioration of property conditions and utility shutoffs. Tenants also face costs of relocation, finding a new home, possible loss of a Section 8 voucher or other rental assistance, an eviction complaint which may affect their credit or the ability to lease another unit, and possible disruption of education, employment, medical treatment and social support networks.”

Congress responded to the crisis by enacting The Protecting Tenants at Foreclosure Act (PTFA), which was effective May 20, 2009 and included in the Dodd-Frank regulations. The PTFA expired in 2014, but Congress extended these protections to 2015. In February 2017, President Trump signed an executive order to ease Dodd-Frank regulations. We will have to wait and see how these federal regulations are revised.

California took the lead to protect homeowners and tenants by enacting The California Homeowner Bill of Rights (CA HBOR) on January 1, 2013 to ensure that there were guarantees of basic fairness and transparency during the foreclosure process. This law requires buyers of foreclosed homes to give tenants at least 90 days before beginning eviction proceedings. Moreover, just cause eviction ordinances may provide added protections to tenants. If the tenant had a fixed-term lease prior to transfer of title at the foreclosure sale, the new owner must honor the lease under most conditions.

The National Housing Law Project is based in San Francisco and offers free resources to non-profits and private attorneys who assist homeowners and tenants in foreclosure, fellowships to law students and new lawyers, and pro bono opportunities for attorneys.

Berkeley Brings Tenants and Landlords Up to Speed

Do you want to know more about tenant's and landlord's rights in Berkeley?

Attend one of the many seminars offered -- for free - from the Berkeley Rent Stabilization Board.  For instance, the Board is offering the following seminar:

Special Workshop for Long-Term Rent Controlled Tenants

Tuesday, June 13th 6:00 p.m. - 7:30 p.m. 
Location: the Berkeley Central Library, 2090 Kittredge St., 3rd Floor, Community Room

"Rent stabilization and eviction protections provide housing stability and help maintain social and economic diversity in Berkeley. Rents have skyrocketed in the last few years; in some cases 20-40% above prior market rents. As a result, we have seen several cases in which long-term tenants in Berkeley are much more vulnerable to being evicted or “encouraged” to leave through harassment or neglect- so rents can be reset to current market. This workshop is designed to give long-term tenants a clear understanding of their rights and responsibilities under the Berkeley Rent Ordinance, provide tenants with basic tips on how to avoid exposing themselves to pre-textual evictions, how to document and respond to harassment, habitability problems or attempts to constructively evict, what legal resources are available outside of the Rent Board, and how to avoid losing their right to their stabilized rent. Participants will receive a free tenant packet and other important information."

To learn more about the seminars offered, click here and subscribe to the Berkeley email list so that you are kept informed about all the seminars offered.

Oakland City Council and Rent Program Take Action as it Concerns Owner Move-In Evictions

Recently, I was co-counsel in an owner move-in eviction lawsuit. In contesting the eviction, I discovered ambiguities in or loopholes in the law. I brought these ambiguities to the attention of city council members and, together with other public comment, the Oakland Rent Program members met, proposed, and voted in amendments to the Just Cause Regulations on March 23, 2017. 

To evict a tenant in Oakland, the landlord/owner must provide tenants with a Notice to Terminate Tenancy. In addition to state law notice requirements, there are new notice requirements required relating specifically to Owner Move-In (OMI) evictions. 

Now, Owners conducting OMI evictions must list the following on their Notice to Terminate Tenancy:

8.22.360.A.9(a)(i) “ . . all real property owned by the intended future occupant(s)…”

8.22.360.A.9(a)(iii) “The lawful rent applicable for the unit on the date of the notice.”

8.22.360.A.9(b) “For the purposes of this subdivision (a), real property means a parcel of real estate located in Oakland or elsewhere.”

Previously, landlord’s attorneys argued that only property owned in Oakland was required to be listed. Now, Owners must list ALL real property owned regardless of whether it is located in Oakland, Berkeley, San Francisco or even in Arizona!

Secondly, landlord’s attorneys argued that there was no requirement for the intended occupant, if the Owner's relative, to move in within a specific period of time. So, the Owner would evict on the pretext that their child would move in, but they would also argue that the child could move in at any time after the eviction (even if it took 3 years!)

Now, that has changed in the newly adopted Regulations as follows:

8.22.360.B.8(b)(i) "The Owner must file a completed certificate of an OMI eviction to the rent program within 30-days after a tenant vacates a unit.

8.22.360.B.8(b)(ii) “The Owner or the designated qualifying relative must move in to the unit within three (3) months of the Tenant’s vacation of the unit.”

8.22.360.B.8(b)(iii) “…the Owner must submit a certificate that the Owner or the Owner’s qualifying relative continued to reside or not reside in the unit as a principal residence” and must submit proof of residence in the unit.

The City developed the Rent Adjustment Program, in part, to shield Tenants from unfair evictions. I commend the City Council and the Rent Program for taking notice of public comment and revising the regulations to ensure that both the intent as well as the letter of the law is followed. Hear! Hear!

Lawsuit Filed After Four People Die in Deadly Fire in Oakland

See TV news report, "Tenants File Suit After Fatal W Oakland Fire."