No Person is Ellised unto Themselves

In late 2018, tenants of a three-story, 13-unit building in Berkeley received a buyout offer to exchange their tenancy for cash. The building was covered by Berkeley's rent control and buyout ordinance. Some of the tenants accepted the buy-out offer and moved but there were a few “hold-outs” in 6-units.

 In April 2019, existing tenants received a Notice to Terminate Tenancy under the Ellis Act; the Owner alleged that they were going to remove the building from the rental market. Some of the tenants were “elders” or disabled and had lived in the building for many years; under Berkeley’s ordinance, they had a one-year notice period but the other tenants were given 120-days to relocate. Building renovations began. Balconies were dismantled, windows in vacant units were broken and left open to the elements, and some empty units were deconstructed.

Stimulated by the eviction notices, the tenants began to meet informally, involving the Eviction Defense Center and a private attorney. Due to a technicality, the Owner’s attorney rescinded the Ellis notices but served a new Ellis Notice to Terminate Tenancy in July 2019. The tenants stood strong. 

After one of the tenants paid for private tests for lead and asbestos which were positive, an anonymous caller involved OSHA and building inspection. Renovations were shut down, and with the shut-down, the tenants could enjoy some relief from the daily din of construction. In December 2019, a HazMat team began asbestos and lead abatement in the building.

An investigation revealed that due to state and local restrictions, while the building could not be converted to condominiums, it could be sold under a Tenancy-in-Common ownership which was the owner’s apparent intention. 

The tenants began to organize and, in September 2019, were notified that Bay Area Community Land Trust (BACLT) may be interested in acquiring the building; if successful, existing tenants could stay and BACLT would lease the other units to new tenants who met their income criteria. Was BACLT going to be their knight in shining armor?

In October 2019, the “elder” tenants were served with a new notice, a Notice of Temporary Relocation offering a rent differential to “temporarily relocate" to a new residence within 30-days and stating the the relocation period would be for about 4-months. One tenant stayed while the others packed their belongings and sought “temporary housing.”

The oldest tenant, who was in her mid-90’s, had resided in the building for over 25-years, and "temporarily" relocated to a nursing home. She died in May 2020 without ever being offered the opportunity to return to her "home."

In November 2019, the tenants met with ACCE leaders and organized a protest in front of the building and they were also supported by the Berkeley Tenants Union. The press covered the tenants' story..

Now down to a few existing tenants, the remaining tenants were hauled into court after their 120-day Ellis notice period expired in December 2019. Armed with their Eviction Defense Center attorney, the second Ellis Act notice was judged defective and their cases dismissed.

In March 2020, the Owner rescinded all Ellis Act eviction notices. And, then the world shut down due to the global COVID-19 pandemic. Renovations resumed – at a exceedingly slow pace. The building was re-roofed but vacant units revealed garbage bags of building debris mounting on bare balconies and windows in some of the units remained broken and open to trespassers.

But through it all, BACLT, the tenants, and the City of Berkeley persevered. BACLT secured the necessary financing to acquire the building both from the City's Small Sites program and private sources. BACLT closed escrow at the end of June 2022. 

Existing tenants’ tenancy is secured and the remaining nine units will eventually be leased to new tenants who meet BACLT’s income criteria and who will pay an affordable rent.

It takes courage for tenants to stand up and stand together, it takes perseverance and emotional fortitude. And, perhaps it takes a few good advocates and tenant’s rights leaders to stand by their side. 

An update to this story was published by Berkelyside on Sept. 30, 2002 and authored by Supriya Yelimeli: Residents return to North Berkeley apartments after local land trust buys back building