84706 cms report
TRANSCRIPT
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8/12/2019 84706 CMS Report
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F I L E D
OFFICEor THE CO CI 19.*
O.VKL . ' .ND
CITY OF OAKLAND
2 13 OCT 31 PM3:2U AGENDA REPO
T O : D E A N N A
J.
S A N T A N A
C I T Y A D M I N I S T R A T O R
F R O M :
Michele
Byrd
S U B J E C T : Low-Income
Client
Representation Contract
D A T E : October 17, 2013
City
Administrator^
Approval
Date
C O U N C I L D I S T R I C T :
Citv-Wide
RECOMMENDATI ON
Staff
recommendsthatthe
City Council
adopt:
AResolution
Approving A Grant In The Amount Of
100,000
Per Year For Two
Years With The Option For Three One-YearExtensionsToRepresentLowIncome
Landlords And
Tenants
In
Rent Adjustment
Program
Hearings
And
Appeals
To
The
Rent
Board, With 90,000Allocated To Centro Legal De
L a
Raza ToProvide
RepresentationTo
Tenants,
And
10,000
Allocated For LandlordRepresentation
By An
Agency
As A Sub
Grantee
Or BySeparateContract For The LowIncome
ClientRepresentationProgram For
Rent Adjustment
BACKGROUND/LEGI SLATI VEHISTORY
Pursuant to CityC ouncilResolutionN o. 76930C . M . S . ,the CityofOaklandRent Adjustment
Program
entered into a contract
with
the East Bay Community Law Center( E B C L C ) tooperatea
trial
L ow Income
Client
Representation Program (the Program)forone year. The purposes of
the Program were to assist low income clients ofthe Rent Adjustment Program(RA P ) present
their
cases
at
R A P
hearings and before the Rent
Board,
help maintain the neutrality of the
functions, provide advocacy services to help resolve disputes betweenlow-incometenantsand
landlords,
and to secure their rights under Oakland's Ordinancesthatimpact the landlord-tenant
relationship. The term ofthe contract was
from
January 1, 2005 through December3 1,2005.
Through
a subcontract
with AlamedaCounty
Bar
AssociationA^olunteer
Legal
Services
Corporation (A C B A / V L S C ) , E B C L C
would
also provide counseling and representation to low-
income
landlords.
Basedon favorable results thefirstyear, the contract was renewed fora second year
with
modificationsas to the scope and type of services and the amount was reduced to $75,000.
The
Item:
C E DCommittee
November 12, 2013
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8/12/2019 84706 CMS Report
2/23
Deanna J, Santana,
City
Administrator
Subject:Low-Income
Client
Representation Contract
Date:
October17, 2013 Page 2
term of the renewed contract wasfromSeptember 1, 2006 through August 31, 2007. The
renewed contact required
that
some serviceswouldbe provided through a subcontract
with
the
Alameda
County Bar
AssociatioiWolunteerLegal
ServicesCorporationand Centro
Legal
de la
Raza.
T he
Program resumed operations inJuly2008 pursuant toResolution
N o.
81218
C . M . S . ,
approved by
C i t y C o u n c i l
A p r i l 15, 2008. The group of agenciesprovidingthe direct
representation servicesincludedCentroLegalde laRaza
( C L R )
as the primegrantee,withthe
AlamedaCounty BarAssociationVolunteer
Legal
ServicesCorporation ( A C B A / V L S C )and
Ba y Area Legal A i d (BayLegal)as subgrantees. Operations under the grant began inJuly2008.
After
the second year of the contract, it was renewed annually for
three
years.
T he
followingreport covers the Program's operations beginningJuly 1, 2008 and ending June
30,2013.
Scope of Services
C L R agreed to provide thefollowingservices:
Completionof Rent
Adjustment
petitions forms
Motions
for continuances
Organizingand submitting documentary evidence
Representation ofclientsin Rent Adjustment hearings
Draftingof appeals to the RentBoard
Representation of
clients
in appeal hearings before the RentBoard
Conductingintake workshops, as and if required, at sites selected by Contractor for the
purpose ofefficientlyprocessing client referrals
V e r i f y
client income eligibil ity.
The representation serviceswouldbe provided by trained lawstudentsinterns and an intake
specialistworking
under the supervision of a staff attorney in the
Housing
U n i t . The
representationceasesat the RentBoard
level
anddoesnot extend to further appealing a decision
by
f i l i n g
a
writ
in Superior Court.
Program Goals
From
F Y
08-09 through
F Y
10-11, the
specific
service
targets
of the Program were to:
Conduct outreach to 15,000low-incometenantsper year
A d v i c eup to 230tenantsand 10 landlords
with
rentissues per year
Item:
C E D
Committee
November 12,2013
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3/23
DeannaJ .Santana,CityAdministrator
Subject:
Low-income ClientRepresentation Contract
Date: October17,2013 Page 3
Provide pro-perpetition-filingassistance for up to 115
tenants
and up to
5
landlords per
year.
Screen 96 tenants and
4
landlords for income eligibility per year
Amended Contract Goals and Budget
Dueto'thelack
of
participationby low-income landlords, the budget for landlord services was
adjusted forF Y 10-11 (see Attachment l A &IB) . The adjusted budget allocated funds for
personnel and operations, butspecifiedan amountthat
would
be paid onlyi f
a
landlord received
assistance.
Staffrequested
thatC L R
provide a detailed report ofallservices provided{seeAttachment 2).
Afterreviewingthe report and meeting
with
C L R 'sexecutive director, the Scope of Services was
amended in
F Y
2011-2012 to capture
all
services providedthatrelated to Rent Adjustment
issues. The amended goals for the grant were to:
Conduct outreach to 15,000
low-incometenants
and landlords
Provide
limited
scope services for at least 400tenantsand 10 landlords per year for Rent
Adjustment issues
Provideextensive services
for
at least 60tenantsand 5 landlords per year for Rent
Adjustment issues
Provide legal representation for 50tenantsand
5
landlords at Rent Adjustment hearings
per year;
Screen 800
tenants
and 15 landlords for income
eligibility.
Limited
scope services
would
include, but are not
limited
to, advice and counsel, preparation of
simple
or routine documents, and/orbriefinteractionswithother parties. Examples include
preparing short
letters
or making a phone
call.
Extensive
services refers to acasewhere the legal service provider undertook extensive activities
(e.g., research, preparation ofcomplexlegal documents, interaction
with
third parties on behalf
of a client, ongoing assistance to clients,fillingout of a pro perrentboard petition, etc.), but the
casedid not result in legal representation.
Thesegoalswouldbemonitoredbya monthly
monitoring
report.
O U T C O M E
Summary of Program Data
From
F Y08-09 through F Y 12-13, thefollowingdata was reported:
Item:
C E D
Committee
November
12,2013
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Deanna J.Santana,C ityAdministrator
Subject: Low-IncomeClientRepresentation Contract
Date: October 17,2013
Page
4
T E N A N T D A T A
Term
Advice
and
Counsel
Pro-Per
Filing
Assistance
Outreach Screening
F Y
08-09
513 66
14.815 598
Percent of
Goal
Reached
223%
57.4% 98.8%
62.3%
F Y09-10 392
67
21,617 892
Percent of
Goal
Reached
170%
58.3%
144.1%) 92.9%
F Y
10-11
175 49
18,837 369
Percent of
Goal
Reached
77% 42.6%
125.5%)
38.4%
Term
Limited
Scope
Extensive
Scope
Legal
Representation
Screening Outreach
F Y
11-12 344 48 26
1,106 11,055
Percent of
86%) 80%o
52%
138%o 73.7%
Goal
Reached
F Y12-13
516 60
44
1,543
16,651
Percent of
129% 100% 88%
192.8%.
111%
Goal
Reached
L A N D L O R D D A T A
Term
Advice
and
Pro-Per
Filing
Outreach
Screening
Counsel
Assistance
F Y
08-09
10 0
310 235
Percent of
Goal
10%) 0
Included in
588%
Reached
tenant
stats
F Y
09-10
2
290 336
Percent of
Goal
20%
Included in 840%
Reached
tenant stats
F Y
10-11
0 0
118
369
Percent of
Goal
0 0
Included in 922.5%
Reached
tenant
stats
Item:
C E D
Committee
November 12,2013
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5/23
Deanna J. Santana,
City
Administrator
Subject:
Low-Income
Client
Representation Contract
Date: October17,2013
Page 5
Term
Limited
Extensive
Legal Screening
Outreach
Scope
Scope Representation
F Y
11-12 0 0 0 296 200
Percent of
0
0 0
700% Included in
GoalReached
tenantstats
F Y
12-13
0
0
0 232 250
Percent of
0 0
0 154.6%o
Includedwith
Goal
Reached
tenantstats
ANALYSIS
During
the entire term of the contract,
C L R
and the subcontractors surpassed the goals for
screening and outreach. In each year of the contract,
tenant
representation met over 50% of the
contact goal,
with
the exception of
F Y
10-11.
The goal of securing the rights oftenantsunder Oakland's Ordinances and enabling them to
successfully
present
their
cases
before
R A P
and the Rent
Board
has been metwiththis contract.
However,
the only instance in
which
landlords were assisted occurred in
F Y
09-10. The
assistance involved two landlords who met the income requirements and needed assistance with
filling
out
forms:
one landlord had a
disability
and one landlord was a
non-English
speaker.
Audits
The contract
mandates
periodic audits of the Program by
R A P
Staff
An audit was conducted in
2009 and in 2011. In 2009,
there
were fourfindingregarding:
Intake and Appointment process
Staff
assigned to Rent
Boardcases
Training
Low-income landlords
A s
a result of the findings,Bay
Legalmodified
the intake and appointment process to provide
more user
friendly
telephone access;
C L R
assigned another staff attorney to Rent Adjustment
cases; and it was agreedthattraining
would
be provided by Rent Adjustment staff each year for
the duration of the contract.
Ameeting was heldwiththe staff attomey at
A C B A
to discuss outreach to landlords. It was
decidedthat
the low-income client representation program
would
be highlighted at all
informationalworkshops for landlords, regardless of the topic of the workshop. In addition.
Item:
C E D Committee
November
12,2013
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6/23
Deanna J. Santana,
City
Administrator
Subject:Low-Income
Client
Representation Contract
Date: October
17, 2013
Page 6
Staffsuggested thatthey contact the Rental HousingAssociation(now the East Bay Rental
Housing Association),
regarding outreach strategies.
In
2011,
there
was one
finding
regarding the documentation of
income
for Rent Adjustment
cases. The process for
verifying
income was
thereafterclarified
for
individual
appointments
verses group settings.
Landlordparticipation had not improved in 2011; however,
A C B A
had tried all of the outreach
strategiesthat
were discussed in the 2009 audit. Their efforts included reaching out to the Rental
Housing Association
for advice. Despite the failure oftheseefforts,
A C B A
remained
committedto their outreach efforts to low-income landlords.
The audits foundthatthe quality of
tenant
representation by
C L R
and Bay
Legal
improved
substantially after the first year of the contract.
Y e a r l y
training by the R A P resulted in staff
attorneys at
C L R
and Bay
Legal
having a thorough knowledge of the Rent Ordinance. The staff
attorneys became very
effective
advocates for
tenants,
either by working
with
their landlords to
settle
cases
or by representing them at
R A P
and RentBoardhearings.
Request
fo r
Proposals
The contract began onJuly 1, 2008 and ended June 30, 2013. A Request for Proposals (RFP)
was issued in October, 2012 for award of the
R A P
contract for low-incometenantsand property
owners. The
R F P
was done in conjunction
with
the CommunityB l ockGrant
( C D B G )
Program;
however, a
separate
Resolution and contract is required for
R A P . Review
of the Scope of
Services
in the RFP for Rent Adjustment was conducted in conjunction
with
the
C i t y
Attorney's
office.
Response to RFP
O n
October 30, 2012,
C L R ,
the East Bay Community Law Center
( E B C L C ) ,
and
A C B A
submitted a proposal.
C L R
wouldbe the lead contractor and
E B C L C
and
A C B A
wouldbe
subcontractors. There were no other proposals submitted for the Program.
The proposal from
C L R
and subcontractors was accepted. However, on or around August 1,
2013,
the subcontractors advised
C L R
thatthey no longer wanted to bepartof the next contract.
The loss of
participation
by E B C L C was not
significant
forC L R , as they were capable of
delivering
all services fortenantsdescribed in the Scope ofServices;however, they
could
not
deliverlandlord services.
Item:
C E D
Committee
November
12,2013
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8/12/2019 84706 CMS Report
7/23
Deanna
J.
Santana,
City
Administrator
Subject:Low-Income
Client
Representation Contract
Date: October
17, 2013
Page 7
A
meeting was held
with
the Executive Director of
A C B A
in anattemptto have their continued
participation
in the Program. However, the Director cited loss of
staff
and lack of interestfrom
low-incomelandlords as thereasonstheirAgency
could
no longer participate.
A C B Ahad been the landlord component of the contract since the inception of the Program.
Feedbackfrom
A C B A
indicatesthatmany landlords have technical questions regarding
application
of the Rent Adjustment Ordinance to their particular circumstances,whichmay
explaintheirattendanceat workshops conducted by
A C B A ;
however, they were not interested in
other services under the contract, even when they were income
eligible.
Despite thefailureof
A C B A
tomeetthe goals of the contract,
Staff
believesthatassistance
should
be available for
low-income
landlords, even ifthe primary service is providing
informationabout the application of the Rent Ordinance through workshops or other forums.
Staff
believesthatten percent of the Program funds should be allocated for this purpose.
Currently,
Staffis
preparing a Request forQualifications
for
Agencies
with
the experience and
qualificationsto administer the landlord portion of the Program.
PUBLIC OUTREACH
Outreach
to
Tenants
C L R
and BayLegalhave consistently exceeded the contract goal
for
outreach totenants.The
outreach consists of
ongoing
workshops, public presentations, and television and radio
interviews.
Information about the
Low-Income
client services is distributed at
all
public
presentations.
R A P
staff includes a
flyer with
informationabout the Program
with all
tenantpackets. Tenants
are also referred to the Program when they come into the
R A P office
for assistance.
Outreach
to
Landlords
A C B A
has tried several outreach strategies:publicpresentations, workshops designed for
landlordswithRent Adjustment issues, and distribution of written material. Separatefromthe
terms
of the contract,
A C B A
offers free services to seniors (60 and over), regardless of their
income
level;
WhileLandlords who
qualify
aslow-incomehave taken
advantage
ofinformationalworkshops
throughA C B A ,they have not takenadvantageof assistance related to R A P issues. Landlords
have given thefollowingreasonsto
R A P Stafffor
not participating in the Program:
Item:
C E D
Committee
November
12,2013
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DeannaJ .Santana,CityAdministrator
Subject:Low-Income
Client
Representation Contract
Dale:October
17,
2013 Page 8
They are members of the East Bay RentalHousing Associationand receiveassistance
through workshops
They want to know the legal process forevictingtenants
They have their own
representatives
They are not low-income
R A P
staffsendsflyerso landlordsaboutthe Program whenLandlordPackets are
sent
requesting
a
response
to atenantpetition. Landlords who come to the R A Pofficefor
assistance
are also
informed
aboutthe Program.
R A P
presentationsbefore landlord organizations always include
information
about
the Program. For example, at the 2012 East Bay RentalHousingTradeExpo,
R A P
staff conducted a workshop on the services
offered
under the Program. In 2013, the
R A P
advertised the Program in RentalHousing,a landlord's publication.
COORDINATION
Thisreport and resolution have been reviewed by theOfficeof the CityAttorney and by the
BudgetO ff ice .
COST SUMMARY
Fiscal Impact
Staffrecommends
that
the Low-Income Representation Program be funded at an annual levelof
100,000 for
F Y
2013-2014 and
F Y
2014-2015 with an option by the
City
to extend the
grant
for
an additional
three
years, one year at aime,o a maximum of$
100,000
foreach year of
extension. The funds for this
grant
are currently budgeted and available in the Rent Adjustment
Program (Fund 2413, Project P190020,
Org.
89969, Account 52921). These funds are restricted
to use by the Rent Adjustment Program by Ordinance number 12517 C . M . S .
RECOMMENDATI ON
Basedon the performance of the contract over thepast
five
years, it is recommended
that
the
City
Council
approve the attached Resolution allocating the amount of $90,000 per year for two
years
with the option for
three
one-year extensions, for Centro
Legal
de la
Raza
to provide legal
services to Oaklandtenantswith incomes up to 80%) of a median income.
It is further recommended
that
the City Councilapprove $10,000fortwoyearswith the option
forthreeone-year extensions for legal services to low income landlords with incomes up to
100%) of median income and
that
a contract with aquaUfiedAgency torepresentlow-income
Item:
C E D Committee
November 12, 2013
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Deanna J. Santana,
City
Administrator
Subject:Low-Income
Client
Representation Contract
Date: October17,
2013
Page 9
landlords be effective as soon as anagreementcan be reached between the
C i t y
and aqualified
contractor without returning to
C o u n c il .
The
qualified
agency can be a subcontractor or have a
separate
contract.
A L T E R N A T T I V E R E C O M M E N D A T I O N
A s
an alternative, the
C i t y C o u n c i l
might consider fundingthe Low Income Representation
Program allocating the amount of $100,000 for two years, allocating $90,000 for
tenant
representation and $10,000 for landlord representation.
SUSTAINABLEOPPORTUNITIES
Economic
Preserve the affordable housing inventory for
families,
seniors, and disabled people in the
C i t y
of
Oakland;
Protecttenantsfrom exorbitant
rent
increases while encouraging owners to invest in the
housing
stock of the
C i t y
E n
vironmental:
Mitigate adverse environmental impacts resulting from existing rental housing;
Encourage cohesion and vested interest of owners andtenantsin established
neighborhoods.
Social Equity
Improve the landscape and climate of Oakland's neighborhoods by encouraginglong-
term tenancies in rental housings.
Assist
low and moderate income families to save money to become homeowners.
Item:
C E D Committee
November
12, 2013
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Deanna J. Santana, C i tyAdministrator
Subject: Low-Income
Client
Representation Contract
Date: October 17, 2013 Page 10
Forquestions regarding this report,pleasecontact ConnieTaylor,Program Manager at (510)
238-6245.
Respectfully
submitted,
MicheleByrd,Director
Department ofHousingand Community Development
Prepared by:
Connie
Taylor,Program Manager
Rent Adjustment Program
Item:
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Rent A d jus tment Program Bud get ;
Year
1, 2008 - 20 09
Personnel
T O T A L
C e n t r o L e q a l P r o j e c t M a n a g e r , 2 2 . 1 2 / h r x 1 0 4 0 h r s
2 3 . 0 0 0 . 0 0
C e n t r o L e q a l S t a f f A t to r n e y , 2 2 . 1 2 / h r x 5 2 0 h r s
1 1 . 5 0 0 . 0 0
C e n t ro L e g a l C o m m u n i ty L e g a l A d v o c a t e / L u t h e r a n
V o i u n t e e r , 9 . 7 7 / h r x 5 2 0 h r s
5 . 0 8 0 . 0 0
C e n t r o L e g a l B e n e f it s @ 2 5 %
9 . 8 9 5 . 0 0
C e n t ro L e g a l C o n t r a ct E m p l o y e e ,Information & R e s o u r c e
S p e c i a l i s t . 1 8 / h r x 2 0 0 h r s 3 , 6 0 0 . 0 0
B a v L e q a l S t a ff A t t o rn e y . 2 6 . 8 3 / h r x 2 1 8 5 , 8 3 7 . 0 0
B a v L e q a l S t a ff A t to r n e y , 3 4 . 2 4 / h r x 2 1 6
7 , 4 1 1 . 0 0
B a v L e q a i S t a ff A t t o m e y . 2 5 . 9 5 / h r x 2 1 6
5 , 6 1 7 . 0 0
B a v L e q a l L A L S t a f f. $ 2 6 . 8 6 / h r x 9 0 h r s 2 . 4 1 7 . 0 0
B a y L e p a l B e n e f i t s @ 2 3 % 4 . 8 9 5 . 0 0
V L S C
A t t o r n e y . $ 2 9 , 6 3 / h o u r x 1 3 5 h o u r s
4 , 0 0 0 . 0 0
V L S C S u p p o r t S t a ff , $ 2 3 . 7 0 / h o u r x 1 3 5 h o u r s 3 . 2 0 0 . 0 0
V L S C
B e n e f i t s @ 2 5 %
1,800.00
Total Personnel
8 8 , 2 5 2 . 0 0
Operations
R e n t / S t o r a q e
5 . 9 0 4 . 0 0
Ut i l i t ies
2 2 2 . 0 0
V o l u n t e e r T r a i n i n q
5 0 0 . 0 0
T e l e p h o n e
9 8 0 . 0 0
N e t w o r k & C o m p u t e r S u p p o r t
9 3 5 . 0 0
O f f i c e S u p p l i e s
8 6 0 . 0 0
B r o c h u r e
1,000.00
D u p l i c a ti o n & P o s t a q e
9 6 0 . 0 0
E q u i p m e n t
5 8 7 . 0 0
Total Operations 1 1 . 7 4 8 . 0 0
T o t a l
1 0 0 , 0 0 0 . 0 0
ATTACHMENT 1A
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Rent Adjustment
Program Budget: Year1, 2010 - 2011
Personnel
TOTAL
VLSC Centro Legal
BAYLEGAL
Centro
Legal
Project Man ager, 24.52/hr x 1040
hrs
25,501.00 25,501.00
Centro Legal
Staff A ttorney, 22.12/hr x 400 hrs
8,846.00 8,848.00
Centro Legal
Staff Attorney, 22.12/hr x 400
hrs
8,848.00 8,848 00
Centro Legal Benefi ts @ 23% 9,935.00 9,935.00
BayLegal
Staff Attorney, 30.54/hr x 217 6,622.00 6,622.00
BayLegal
Staff Attorney, 36 .1 4/h rx2 17 7,836.00 7,836
00
BayLegal
Staff Attorney, 28.89/hr x 217 6,264.00 6,264.00
BayLegal
LAL Staff, 25 66/hr x 90
hrs
2,298.00 2,298.00
BayLegal
Benefi ts @ 24.44 %
5,625.00 5,625.00
V L S C Attorney, $34.17/hour x 60 hours
2,050.70
2,050.70
V L S C Support Staff, $22.0 5/hour x 138 hours
3,042.90 3,042.90
V L S C Benefits @ 16%
823.20 823.20
Total Personnel
87,693.80
5,916.80
53,132.00 28,645.00
Operations
Rent
6,775.72 628.72 4,147.00 2,000.00
Utilities
- -
Volunteer Traininq 300.00 300.00
-
Telephone
706.00
135.00
571.00
Network & Computer Support
-
O ffice Supplies
55.00 55.00
Brochure
-
Dup lication &
Postage
200.00
200.00
Equipment
1,292.00
42.00
900.00
350.00
Total Operations
3,328.72
1,105.72
5,618.00 2,605.00
Landlord Services ( 346.54 per case
x
cases)
1,732.70
1,732.70
- -
Total
98,755.22
8,755.22
58,750.00 31,250.00
ATTACHMENTIB
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Report
to the Oakland
Rent Adjustment
Program,
April
2010 ]
Introduction: Scope of Services
Centro
Legal
de la Ra^a (Centro Legal) leads the Oakland Rent Adjustment Program in
partnership with Alameda County Bar
Association
Volunteer
Legal
Services Corporation
( V L S C )
and Bay
Area Legal A id
(BayLegal).
The
partners
are responsible for the
following
annual outcomes as outlined in the Scope of Services:
1. Create Volunteer Attorney Panel to
represent
qualified
landlords.
2. Outreach to 15,000tenantsand 300 landlords.
3. Assess 960tenantsand 40 landlords for
eligibility;
refer 385tenantsand 15 landlords to
legal
counsel.
4. Conduct one educational workshop for
qualified
landlords.
5. Provide advice, counsel, and (where appropriate) legal representation
for
230tenantsand
10 landlords.
6. Make
appearances
at Rent Board with 115
tenants
and
five
landlords.
The
partners
maintain records of activities, make monthly outcome
reports
to Centro
Legal
(whichin turn
presents
consolidated reporting to the
City
of Oakland), participate in armual
program monitoring, and
ensurethat
clients served are not above 80%
of
the
Area
Median
Income.
Servicesfor
Low-Income Tenants:
Centro
Legal de la Raza
Bay Area Legal Aid
Under
the
City
of
Oakland
Rent Adjustment Program
( R A P ) ,
Centro
Legal
as the lead agency in
a collaborative partnership with
BayLegal
coordinate legal services for low-income
tenants
and
provide direct legal
assistance
to low-incometenantswith
rent adjustment matters.
Each year,
the
partners
are responsible
for:
outreach to 15,000 low-income
tenants;
conducting intake and
assessment
of
960
low-income
tenants;
referring 385 low-incometenantsto counsel;
providing
230 low-income
tenants
with advice, counsel, and, where appropriate, legal representation; and
representing clients at 115 Rent Adjustment hearings and appeals.
Following
are:
charts
showing the progress the partnership has
made
toward its contractual
obligations forthe ful lyear of
2008
- 2009 and the
year-to-date
of2009- 2010 (July 2009 -
March
2010); and,
charts
showing the racial/ethnic breakdown of
clients
served each year.
ATTACHMENT2
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Reportto theOaklandRent Adjustment Program,
A p r i l
2010
2008 - 2009(YearOne)
Outcomes
Report
Task Goal
Tota l
Over/
Under
Goal
of
Goal
Comments
TENANTS
Outreach
to
Tenants 15,000 14,815 -185
99
Met goal nearly 100%,
A s s e s s
Tenants 960
598 -362 62
D id
not
meet 100%.
Refer Tenants
to
Co unsel 385
438
+53
114
Despite not meeting
assessment
goal,we
exceeded this qoal.
Ad vice, C oun sel, and Representation for Tenants 230 513 +283 223%
Exceeded
goal
by
more
than 100%.
Rent Board Appearances (hearings & appeals)
with
Ten ants 115
67
-48
58%
Overall,
served doubleth
number
of
clients through
smaller sen/icesthatdid
not culminate
in a
hearing
LANDLORDS
Create
Volunteer Attorney PanelforLandlords
Created
Panel
0 100
Outreachto Landlords
300 310 +10 103% Exceed ed goal.
A s s e s s
Landlords
40
235 +195 588 % Excee ded goal.
Refer
Landlordsto Couns e l
15
1
-14 7%
WorkshopforL andlords
1
0
-1
0%
Advice, C ounsel , and Representat ion
for
Landlords
10
1
-9 10
Rent Board Appearances (hearings & appeals)
wfith Landlords
5
0 -5 0%
2008
- 2009(Year
One)
Race/Ethnicity
Race/Ethnicity-
Tenants
Receiving
Advice/Counsel
orRepresentation # %
American Indian/Alaskan Native
10
2%
Asian
41 8%
Black/Afr ican A mencan
133
26%
Hispanic/Latino
246
48%
Native Hawaiian/Pacific Islander
0
0%
T\NOorMore
Races
21
4%
White
62 12%
Total
513 100
Race/Ethnicity
-
Landlords
Receiving
Advice/Counsel orRepresentation
Black/Afr ican American
1
100%
Total
1
100
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Reportto the
Oakland
Rent AdjustmentProgram,A p r il2010
2009 - 2010(YearTwo
through
March2010)Outcomes
Report
Outcome
Goal
Total
Over/
Under
GoalYear-
To-Date
ofGoal
Met To-
Date
Comments
TENANTS
OutreachtoT enants
15,000
11,129
-3,871 74%
Undertaking media outreach acti
from nowuntilJ une ;willmeet
o
exceed goafby June 30.
A s s e s s
Tenants 960
724 -236 75%
O ntracktomeetor exceed goal
Refer TenantstoCounsel
385
375 -10
97%
O ntracktoexceed goal
Advice, C oun sel, and R epresentation
for Tenan ts 230
450 +220 196%
Have already exceeded goal.
Rent Board Appearances (hearings
appeals)with Tenants 115
51
-64
44%
O ntrackto meet 59%ofqoal.
LANDLORDS
Outreachto Landlords 300
170 -130
57%
Continuetooutreachfrom now
June,
will
meet goal by June 30.
A s s e s s
Landlords
40 215
+175 538%
Outperforming.
Refer LandlordstoCo unsel 15
1
-14
7%
WorkshopforLandlords
1 0
-1
0%
Will plan and hold one before Jun
30.
Ad vice, C oun sel, and R epresentation
for La ndlords 10
2 -8 20
Rent Board Appearances (hearings
appeals)with Landlords 5
0 -5 0%
Race/Ethnicity-Tenants Receiving
A/CorRepresentation
American Indian/Alaskan Native 5
1%
Asian
32
7%
BlackyAfrican A men can 113
2 5 %
Hispanic/Latino
210
47
Native Hawaiian/Pacific Islander
0
0%
Two orMore Races 14
3%
White
76
17
Total
450
100
Race/Ethnicity-
Landlords
Receiving
A /C
or
Representation
Black/Afr ican American
1
33%
Hispanic/Latino
2
67
Total
3 100%
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Report to the OaklandRent
Adjustment
Program,April2010
Observations
We
wish
to make thefollowingobservations to accompany
these
outcomes reports to provide
moredetailon the project's successes and challenges.
1 Outreach
In
the
first
year of
program
operation, Centro
Legal
and
BayLegal
met their outreach goal by
99%,
reaching nearly 15,000
low-incometenants
through
flyering,
know-your-rights
presentations, T V ,radio, and printmedia.In the current year, CentroLegalhasadditionalmedia
outreach
plaimed
and expects to exceed the outreach goal by at least 7%.
2.Representation&Hearings
Inthefirstyear ofprogramoperation, CentroLegalandBayLegalprovided advice,
counsel,
and
representation to more than twice the number ofclientswe were required to serve (513 total or
234%
of
goal;
230 was the
goal).
In the current
yeai',
we have
provided advice,counsel,
and
representation to 450 clients so far (196%o of
goal);
at this rate, we expect to serve nearly 600
tenants
by June 30, 2010.
Even
so, wedidnot meet our goal for 115 appearances and cases in the
first year (the partners achieved 67 or58%).In the current year, we are at 44%with51
appearances. A tthis rate, we expect the partnership to achieve a59%
completionrate
forthis
outcome by June 30, 2010.
Under
the goals stated in the contract, 50%) of
tenants
referred to counsel (Outcome
3
in the
Scope
ofServices)wouldhave to have cases
that
led to an appearance at
R A P
in orderforthe
programto meet the goal of 115 appearances (Outcome 5 in the Scope of
Services).
In spite of
the fact
that
the partners have served twice the number of
clients
at the "advice and counsel"
stage
than we were required to serve,only17%o ofthose clients ended up having a case
meritorious
to progress to an appearance at a
R A P
hearing.
There are several reasons for this
outcome,whichwillbe discussed in further
detail below.
.The chart below shows the various
levels
of
service
the partners provide to
low-incometenants
and the various resultsof
these
cases. (The chart also provides further detail about the resultsofhearings and appeals
that
the
partners have completed.)
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Reportto theOaklandRent AdjustmentProgram,April 2010
Level
ofService ofTenantsin
08-09
ofTenantsin
09-10
(July
'09-
March
'10)
Total
A S S E S S M E N T 598
724
1,298
A D V I C E / C O U N S E L
438
375
813
EXTENSIVE SERVICE (This category
captures services pro vided ai a significant
level but that did not lead to case acceptance )
6
11
17
^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^
L E G A L R E P R E S E N T A T I O N /
C A S E S A C C E P T E D
75 64
139 07 of
tenants receiving
Advice/Counsel)
Resull of Case:
InsufficientM e r i t to Proceed
4
6 10 (7 of cases)
Client
Withdrew
3 6
9 (6 of cases)
Settlement
17
16 33 (24 of cases)
OpenCases
0 8 8 (6 of cases)
AppearanceatHearing
51 28 79 (57 of cases)
Result of Hearing:
Petition Granted
32
13 45 (57 of
hearings)
Petition Partially Granted
12 10 22 (27 of
hearings)
Petition Denied
7 1
8 (10 of
hearings)
Decis ion Pending
0
4 4 (5 of hearings)
AppearanceatAppeal/RentBoard
16 18 34
Result of Appeal:
D e cis ion U ph e l d
15 18 33 (97 of
appeals)
Decis ion Overturned.
1
0
i (3 of appeals)
Decis ion
Remanded
forFurther
Consideration
0
0 0 ,
A s
shown
in
thischart,
collectively only 17%) of
low-income
tenants
who
came
to
Centro
Legal
or BayLegal forassistanceendedup
havingtheir
caseacceptedforrepresentation.O f
these
139
cases,7%) of
caseswere
later
found
to
haveinsufficientmerit
to
proceed.
Rough ly 6%o of
clients
withdrew
their
caseuponfurtherconsideration.
Twenty-four
percentofcasesendedin a
settlement.Most of
thesewere settled outside
o f
R A P ;
only a few
were settled
througha R A P
mediation.Sixpercento fcasesare
stillopen
(all from
2009-2010).
F ifty-sevenpercent, the
largest amount,
led to a
hearing
at
R A P .
Forty-threepercento f
thosecasesalsowent
throughan
appealsprocess.
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Report to theOaklandRent AdjustmentProgram,A p r il2010 6
ClientWithdrawal
from
Case
Only
6% oftenantshave withdrawn their
cases
after Centro
Legal
or
BayLegal
agreed to
represent them.However,legal staffatboth organizations report
that
many clients make the
decisionto not proceed before their case is even accepted.Many
of
themwishto maintain good
relationships
with
theirlandlords;given the lack of affordable housing inOakland,manytenants
are concerned about
having
to moveif
the
relationship is damaged. Other
tenants
fear retaliation,
though attorneys always counsel
tenants that
they cannotlegallybe evicted or threatened when
they exercise their rights.Manyof CentroLegal'sclients are undocumented immigrants. Centro
Legalstaff advises 45 - 55Oaklandtenantseach month.
About30%)
oftheseclients express fear
about retaliation ranging
from unlawful eviction
to subtle or overtthreatsof deportation. The
generalsenseof
fear
among this group often prevents people
fromfully
exercisingtheir rights,
including filingtenantpetitions
with
R A P .
Thoughstaff at both organizations strive to encouragetenantsto exercise their rights andassure
themthatretaliation
in
the
form
of
eviction
is
illegal,
staff carmot force clients to proceed
with
a
course ofaction
with which
they are uncomfortable. In other cases, clients decline to
file
a
petition
because they determine it
would
be easier to move than pursue the
petition.
For example,
CentroLegalstaff sometimes followup
with
tenantstostartpreparing theirR A Ppetitions ifthey
indicatedthatthey wanted to pursue apetition. However,during the duration
ofthis
project,
about ten Centro
Legal
clients decided to move and terminate an already tenuous landlord-tenant
relationship
rather thanfil inga petition or withdrew the petition altogether after negotiating a
separatesettlement
with
their landlord.
Insufficient
M e r itto Proceed
Inother cases,staffmadethe decision not to represent a client due toinsufficientmerit to
proceed.
Below
are some examples.
a) Centro
Legal
Attorney
Patricia
Salazar started to prepare a
petition
for a client.
However,therewas some incompleteinformationthatthe client needed to provide
M s.
Salazar
with
in order
for
her to proceed
with
the case.
M s .
Salazar made several
attemptsto contact him regarding thecompletion
of
theR A PPetition but the client
never returned hercalls. Because the clientfailedto return M s . Salazar'scallsafter
numerous attempts, the case was closed.
b) Centro
Legal
Attorneys
Nina
Baumlerand
Patricia
Salazar worked
with
several
clients
who were subject to rent increases. However,after
diligent
research and fact
finding,therewasinsufficientmerit to proceed because it was concludedthatthe
clients'units were not subject to the protections
of
R A P .
c) In other instances, clients were nottimelyon their rent,therewas aninsufficientlegal
basis forwithholdingof rent, or the decreased services were not substantiated.
d) BayLegalAttorney Jesus
Muiioz
provideda client
with
assistance infilingaR A P
petitionand wasplarmingto accept his case forfullrepresentation on his decreased
services matter. However,after further research into the case, it was discoveredthat
the client was behind on their rent and had also been served
with
a notice for
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Report to theOaklandRent AdjustmentProgram,Apri l2010 7
nonpayment of
rent.Given
thathe had not
complied with
the ordinance's petition .
requirements,therewas thereforeinsufficientmerit to proceed.
e) M r.Munozhad another client who received assistance
withfi l ing
a petition for
decreased services. The client was unresponsive to repeatedrequests
for
information
necessary forassessmentofher case, and did not properlynotifythe attorney of
hearing-related re-scheduling and deadlines. Due to lack of
client
cooperation,
there
was
insufficient
merit to proceed.
f) BayLegalattorney
Naomi
Younghad several examples ofclients whosecasesdidnot
advance becausetherewasinsufficientmerit to proceed.
This
includescaseswhere
clientsclaimed
decreased servicethat
could
not be substantiated, propertiesthatupon
investigation
proved not to be subject to R A P ,and a client who refused to pay rent
while
the petition was under consideration.
Settlement
Anumber ofcasesare settled either through mediation
within
or outside the Rent
Board.
Settlements
negate
the need for a hearing but are equallysuccessfulin
resolving
a dispute over
rent increase or decrease inservices/habitability.For example, in 2009 - 2010, Centro
Legal
started lo preparefourR A Ppetitions for clients who laterinformedthe organization thai they did
not want to pursue their petitions'because they had reached a settlement
with
their landlord
outside of
R A P .
More
recently.
AttorneysN inaBaumler
and
Patricia
Salazar spent about
three
months representing nine clients whose consolidated case was scheduled to go to mediation and,
possibly,hearing.However,after extensive research andcollaborative
effortswith
other,
agencies, a settlement agreement was reached for repairs ofthe clients' decreased services
claims.The most notable example(s) experienced byBayLegalare the eighttenantsofRegency
Towers
whose
collectiveease
wassuccessfullysettled through a nine-hour mediation (at
which
alleight
tenants
were represented byM s.Young)and a settlement conference.M s. Young
worked
approximately 60 hours on
these
cases.
Other Tenants' RightsIssues
During
the second year ofthe contract, the partners have seen a decrease in
tenants
comingto
CentroLegalandBayLegal
with
questions about rent increases. It is our observationthatmany
landlords
are not raisingrentsright
now.
The
C PI
is
low,
so many landlords may be banking
for
afuture increase.However,the outreach and advice and counselthatthe program gives to
tenantsis
providing
abaseofeducation in the communitythatw illempowertenantsto seek
assistance regarding
unlawful
rent increases when they do once again become more frequent.
The
most common
casesthat
both Centro
Legal
and
BayLegal
deal
with
are related to
eviction.
Thoughnot covered under the auspices ofR A P ,both agencies providesignificantservices in this
area. Due to the high unemploymentrate,manylow-incomepeople have troublepayingtheir
rent and require
eviction
defense services or need education on their rights andresponsibilities
under the law. Othertenantsare being threatened
with
unlawful evictionafter their landlord
forecloses on the home in
which
they Hve.
Even
when a bank is not
trying
to evict atenant
immediatelyafter repossessing the home,
there
is a range of
challenges
fortenants
including
identifyingthe new owner and determining where and lowhomto make rent payments. Some
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Report to the Oakland Rent Adjustment Program,A pr il2010
new owners willattemptto circumvent the
Just
Cause Ordinance by raising therentby
exorbitantamountsto force
tenants
to leave. CentroLegalandBayLegalhave seen ahuge
increase in evictioncasesduring the foreclosure crisis of thepasttwo years. Though the
Just
Cause ordinanceprotects
tenants
inthis situation, low-income
tenants
stillneed
significant
help
defending their rights and receiving information on how toensurethatthey remain protected
from unlawfulhousing practices.
ServicesforLow-IncomeLandlords:
Alameda CountyBarAssociation
Volunteer
LegalServicesCorporation (VLSC)
Under
the CityofOaklandRent Adjustment Program,V L S Cpartnerswith CentroLegaldela^
Raza
to provide
assistance
lo low-income landlords withrent
adjustment matters.
Each year,
V L S Cis responsible for outreach lo low-income landlords, intake andassessmentof 15low-
income landlords, and, if
qualified
low-income landlords areidentified:creating a Volunteer
Attorney
Panel,providingone educational workshop per fiscalyear,providingcounsel and
advice and representation to 10 low-income landlords, and makingappearancesat the Rent
Boardwith
five
low-income landlords.
Though
V L S Chas consistently provided outreach andassessmentto landlords,V L S Chas only
identifiedfourqualifiedlandlords for servicesfrom2008-2010.
Outreach
V L S Coutreaehesto low-income landlords in two ways: 1) disseminating
informational
brochures directly to potential clients
about
services available lo low-income landlords; and 2)
providing
information
aboutservices available to locallegal services providers,includinga
trainingmeeting to CentroLegalstaffin2009.V L S Chas distributed brochures at the Superior
CourtofC alifornia,County of Alameda'sSelf-HelpCenter, Oakland HousingAuthority,
OaklandRent
Board,
RentalHousing
Association
ofNorthernAlamedaCounty and Bananas,
Inc., a
local
social service provider.
In 2008-2009, V L S Coutreached to 310 low-income landlords,
which
exceeded the goal of 300.
In
2009-2010,
V L S C
is onpaceto reach the outreach goal of
300.
Intake/Assessment
V L S Cregularly receivesrequestsfor
assistancefrom
low-income landlords. The vast majority
of
landlords contacting
V L S C
are either over-income and do notqualifyfor services or are
seeking services related lo eviction issues.
In2008-2009,V L S Cassessed235 landlords,whichexceeded the goal of40 assessmentsby
587.5%. In 2009-2010,
V L S C
has so farassessed58 landlords,whichexceeds the goal
of 40.
Creationof
Volunteer
AltornevPanel
V L S C
has recruited two volunteerattorneysand one mentor attorney lo work withqualified
landlords withrent adjustmentissues. Should additionalqualifiedlandlords beidentified, V L S C
will
recruitaddifionalvolunteerattorneyslo assist
these
landlords. '
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3-
Report to the Oakland Rent Adjustment Program,
Apri l
2010 9
Educational
Workshop
In fiscalyear 2008-2009, V L S Cheld one educational workshop for landlords. One landlord
attended. Shouldinterestedqualifiedlandlords beidentified,V L S C w i llhold one educafional
workshop for landlordsbeforethe end of the 2009-2010 fiscalyear.
CounselandA dviceto Low-Income Landlords
V L S C
provided counsel and advice to one low-income landlord in 2008-2009 and one low-
income landlord in 2009-2010.
Representation
V L S CVolunteer Attorneysrepresentedtwo low-income landlords in 2009-10.
Appearancesbeforethe Oakland Rent Board
There was oneappearanceby aV L S CVolunteer Attorney on behalf ofalow-income landlord in
2009-10.
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JT IE H C U H O A K L A N DCITY COUNCIL
31
pi
JigSOLUTIOIM No.
C M S
im
OCT
Introduced byCouncilmember
City
Attorn
RESOLUTION APPROVING
A GRANT
INTHE
AMOUNTOF100,000
PER
YEARFOR
TWOYEARSWITH
THEOPTION
FORTHREE ONE YEAR
EXTENSIONS
TO
REPRESENT
LOW INCOME LANDLORDS AND
TENANTSIN RENT ADJUSTMENT PROGRAM
HEARINGS
AND
APPEALSTO THE RENT BOARD WITH
90,000ALLOCATED
TO
CENTROLEGAL
DE LA
RAZA
TO
PROVIDEREPRESENTATION
TO
TENANTS AND 10,000 ALLOCATED FOR LANDLORD
REPRESENTATIONBY AN AGENCY AS A SUB GRANTEE OR BY
SEPARATE
CONTRACT FOR THE LOW INCOME
CLIENT
REPRESENTATIONPROGRAM
FOR RENT
ADJUSTMENT
W H E R E A S ,onApr i l 15,2008, the City CouncilpassedResolufionN o.81218 C . M . S .to provide
lowincomerentersand owners
with
representation before the Rent Adjustment Program( R A P )and
the
Housing,
Residential Rent andRelocation
Board
("RentBoard")-TheResolutionmandated ..
a maximum of $ 100,000 per year ($200,000 total for two years) ... with an option by the Cityto
extend the Grant an additional
three
years, on year at a time, to a maximum of $100,000 for each
year of extension.;" and
W H E R E A S ,tiieC ity
entered
into a contract
from
fiscalyear 2008-2009 tiirough 2012-2013 with
CentroLegaldelaRazaand subgranleeBay Area LegalA idloprovide representationfor
renters
and
subgranlee Alameda County Bar Association
Volimleer Legal
Services Corporation lo provide
services for landlords; and
W H E R E A S ,
the result of audits in 2009 and2011determined
that
the Program had exceeded the
goalsofoutreach and screeningforeligibilityand,withthe exceptionofone year, and met more than
50percentofthegrant'sgoal lorepresentand provide extensive services torenters;and
W H E R E A S , Centro Legal de la Raza and subgranlee BayLegalhave become very effective
advocates fortenants;and
W H E R E A S ,low income landlords did not receive extensive services or legal representation, but
lookadvantage
of
informational
workshopsaboutthe Rent Ordinance; therefore,
staff
recommends
that
assistancebe continued, even if the service is primarily disseminating information through
workshops or
forums;
and
W H E R E A S ,thefinal fiscalyear of thegrantwas 2012-2013, therefore, A Request for Proposals
(RFP)was issued by Staffinconjunction was the Community
Block
Grant Program
( C D B G )
in
October, 2012 for award of the Rent Adjustment Program Grant for low incometenantsand
landlords; and
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8/12/2019 84706 CMS Report
23/23
W H E R E A S ,
on October 30,2012,
a
proposal was submittedthatplaced CentroLegalde
la
Razaas
the primegranteeand E B C L C and Alameda County Bar Association VolunteerLegalServices
Corporation( A C B A )
assubgrantees;no other submissions were received; and
W H E R E A S
The proposal was accepted after an open proposal process as the proposal
best
meeting
the Program requirements set forth in the
R F P ;
however, on or around August 1, 2013, the sub
grantee( A C B A )
advised Centro
Legal
de la Raza
that
it no longer wanted to be
subgrantees;
and
W H E R E A S ,
CentroLegalde
L a
Razacan
delivera ll
services
fortenants
described
in
the
R F P ,
but
caimot deliver services lo landlords; therefore,
Staff
is
preparing
a
request
fo r
qualifications
(RFQ)
forAgencies
with experience and
qualifications
to deliver services to low income landlords; and
W H E R E A S ,
Staff
requests thata
grant
in the amount of $20,000 for two
years
withthree 1-year
extensions be approvedbytheCity
C ouncil
as
part
ofthe
budget
process to amaximumof
$
10,000
per year
fordeliveryof
services to
lowincome
landlords be negotiated and executedwith
a
qualified
agency as a sub
grantee
or as a
separate
grantwithout reluming toC oimcil ,now therefore be it,
R E S O L V E D :
That theCityC ouncilhereby allocates $100,000 per year
for
fiscalyears2013-2014
and 2014-2015,
a
total
of
$200,000with
three
-year extensions to be approved
by
the CityCouncil
aspartof thebudgetprocess lo a maximum of $100,000 per year from Rent Adjustment Fund
(2413), RentAdjustinenlProgram (89969), RentArbitrationProject (Pi90020); and be it
F U R T H E R R E S O L V E D :
That the CityAdministrator or her designee is authorized tonegotiate
andenterinto a two-yeargrantwithCentroLegalde
la
Raza,Inc.with
three
-year extensions
to
be
approved by the City Councilaspartof thebudgetprocess lo a maximum of $90,000 per year lo
provide legal services related to Rent Adjustment residential
tenants
with
incomes
of 80%) of
median
income or less; and be it
F U R T H E R R E S O L V E D :
That the CityAdministrator or her designee is autiiorized tonegotiate
andenterinto
a
two-yeargrant
with
anAgency qualified
lo
deliverservices to landlords
with
three
year extensions lo be approved by the CityC ouncilaspartof thebudgetprocess to a
maximimi
of
10,000 per year
to
provide legal services
to
Rent Adjustment landlords
with
residential property
in
the CityofOaklandwith incomes of 100% of median income or less.
INCOUNCIL, OAKLAND,CALIFORNIA,
PASSED
BY
THE
FOLLOWING
VOTE:
A Y E S
-B R O O K S , G A L L O , G I B S O N M C E L H A N E Y , K A L B , K A P L A N , R E ID , S C H A A F a nd P R E S I D E N T
K E R N I G H A N
N O E S -
A B S E N T-
A B S T E N T I O N-
A T T E S T ;
L aT onda
S immons
City
C lerkandClerkof the Council