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.