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Why EBRHA Member Involvement is Pivotal in the November Elections Housing Rental EAST BAY RENTAL HOUSING ASSOCIATION | OCTOBER 2012 PLUS: ALL IN THE FAMILY: LOCAL BUSINESS BUILDS LIFELONG RELATIONSHIPS REPORT SHOWS GREEN HOME LABELS PROVIDE MARKET PREMIUM THE ELECTION ISSUE

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The October issue of Rental Housing is your guide to Oakland city council elections and to county-wide measures.

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Page 1: Rental Housing

Why EBRHA Member Involvement is Pivotal in the November Elections

HousingRentalEAST BAY RENTAL HOUSING ASSOCIATION | OCTOBER 2012

PLUS:

ALL IN THE FAMILY: LOCAL BUSINESS BUILDS LIFELONG RELATIONSHIPS

REPORT SHOWS GREEN HOME LABELS PROVIDE MARKET PREMIUM

THE ELECTION ISSUE

Page 2: Rental Housing
Page 3: Rental Housing

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Page 4: Rental Housing

4 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

East Bay Rental Housing AssociationVolume IX, Number 10 October 2012

EBRHA OFFICE 360 22nd Street, Suite 240 Oakland, CA 94612 tel 510.893.9873 fax 510.893.2906 www.ebrha.com

EBRHA STAFF DIRECTOR OF OPERATIONS | Cathy Hayden [email protected] | x1 DIRECTOR OF COMMUNITY AFFAIRS | Jill Broadhurst [email protected] | x4 DIRECTOR OF ADVERTISING SALES | Tina Bocheff [email protected] | x5 PUBLICATIONS & COMMUNICATION PRODUCER Esteban Cortez | [email protected] | x6 MEMBER SERVICES, EDUCATION & ACCOUNTING Danielle Walker | [email protected] | x2

EBRHA OFFICERS PRESIDENT Bill Bagnell 1ST VICE PRESIDENT Irina Gelfenbeyn 2ND VICE PRESIDENT Luke Blacklidge TREASURER Conor Murphy

SECRETARY Jack Schwartz

EBRHA DIRECTORS Daniel Bornstein, Grant Chappell, Link Corkery, Fred Morse, Rick Philips, Wayne Rowland, Judy Shaw

PUBLISHED BY Wayne C. Rowland

PRODUCED BY EBRHA Communications Committee Tina Bocheff, Daniel Bornstein, Esteban Cortez, Irina Gelfenbeyn, Wayne C. Rowland

EDITOR Tina Bocheff ART DIRECTOR & PRODUCTION Esteban Cortez

ADVERTISING Tina Bocheff | 510.318.8303

Rental Housing (ISSN 1930-2002-Periodicals Postage Paid at Oakland, California. POSTMASTER: Send address changes to RENTAL HOUSING, 360 22nd Street, Suite 240, Oakland, CA 94612.

Rental Housing is published monthly for $36 per year by the East Bay Rental Housing Association (EBRHA), 360 22nd Street, Suite 240, Oakland, CA 94612.

Rental Housing is not responsible for the return or loss of submissions or artwork. The magazine does not consider unsolicited articles. The opinions expressed in any signed article in Rental Housing are those of the author and do not necessarily reflect the viewpoint of EBRHA or Rental Housing. This publication is designed to provide accurate and authorita-tive information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting or other professional services. If legal service or other expert assistance is required, the servic-es of a competent person should be sought. Acceptance of an advertisement by this magazine does not necessarily consti-tute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered. Published monthly, Rental Housing is distributed to the entire membership of EBRHA. The contents of this magazine may not be reproduced without permission. Publisher disclaims any liability for published articles. Printed by Jostens Printing Co. Copyright © 2012 by EBRHA. All rights reserved.

Contents OCTOBER 2012

Events & Directory36 COMMUNITY CALENDAR38 MEMBER DIRECTORY42 MEMBERSHIP APPLICATION42 AD INDEX

Features

Columns 8 NEWS

Berkeley Rent Board Speaks Out

26 MARKET CONDITIONS Competition Boosts Sales BY LINK CORKERY

28 COURT TALK SLAPP Strikes Back BY CLIFFORD E. FRIED

18The Cheat SheetBY PAUL JUNGE

10All in theFamilyBY ESTEBAN CORTEZ

14Oakland CityCouncil Setfor MakeoverBY WAYNE C. ROWLAND

30 ESQ. & A A Pile of Junk BY VARIOUS AUTHORS

34 THE GREEN SHEET Green Labels Provide Market Premium

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Page 6: Rental Housing

6 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

contributors

PAUL JUNGEPaul has been the Public Policy Director of the Oakland Metropolitan Chamber since early 2011. Paul monitors state and local government and speaks out frequently on issues important to business. Prior to his work at the Chamber, Paul was a staff member for a U.S. Senator, a television news anchor and reporter, a deputy dis-trict attorney and worked for many years

for a government contractor. Paul earned his BA at U.C. Berkeley and has both a law degree and an MBA.

WAYNE C. ROWLANDWayne is an active EBRHA board member and is an avid representative of EBRHA issues in the community. He purchased his first property a year out of college and has over 30 years of real estate invest-ment experience. He is a graduate of San Francisco State University with a degree in finance.

CLIFFORD FRIEDClifford Fried is a real estate attorney with expertise in landlord/tenant law, eviction and rent control matters in Oakland and the Bay Area. He and his law firm repre-sent residential landlords only and are one of the largest such firm in Northern California. He has processed nearly 10,000 evictions in his career and has authored

several books on evictions and hundreds of published articles on rental property ownership. Besides handling all types of real estate disputes, Clifford and his firm handle complex rent control matters, difficult evictions and they defend landlords in lawsuits filed by tenants and government agencies for rent control violations, habitability, and housing discrimination.

LINK CORKERYLink Corkery is a Realtor, EBRHA board member, chair of EBRHA’s market conditions committee and president of Property Counselors Link Corkery, Inc. He has specialized in the sale and exchange of apartment buildings since 1978. He has a BA from Michigan State University and he’s based in Castro Valley, where he lives with his wife and three sons. His interests include skiing, computers, reading, Ireland and travel.

PROTECT YOUR

BOTTOM LINE

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Call Today 510.893.9873

EBRHA provides members with low-cost online resident screening.

Partnered with Contemporary Information Corp. (CIC), resident screening has one objective: to make

sure your leasing decisions make the greatest possible contribution to your bottom

line. As of April 2009, landlords can collect a maximum of $42 for an

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Page 7: Rental Housing

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Page 8: Rental Housing

8 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

COLUMN newsing. The ads are just one element in a suite of new advertising tools that also includes a new brochure promoting apartments as the building blocks of the economy, local communities and quality lifestyles. Member firms and local apartment associations are encouraged to use the ads for their own public relations efforts. The ads can be found on the NAA website.

Startup Strives to Improve Apartment ListingThe Startup website Zumper claims it can make apartment hunting easier and that landlords, property managers and brokers who are looking for ideal candi-dates can clear through the clutter by list-ing on www.Zumper.com. Although it is still in the beginning phase, Zumper’s CEO and staff say they are committed to making the website work. Staff says that aside from building a beautiful website, they think that the website is significantly faster and more intuitive than any apartment site out there. To search for listings, apartment hunters need to enter a few details such as price and neighborhood, and they’re then shown listings that are plotted in Google Maps. If more than one unit is available in any given area, they’re clustered together and denoted with the number of units available. Otherwise, they’ll just see the unit price. All apartments listed are no more than five days old or as fresh as an hour old. Listings also include a bevy of photos, descrip-tions for both the unit and neighborhood, along with stats like the number of baths and square footage. Users can favorite neighborhoods, for instance, for a custom-ized news feed that’s refreshed every five minutes. Each neighborhood page lists the number of types of units available (studios, one bedroom, etc.) so users can skim at their convenience. Zumper also features a private messaging system, as opposed to Craigslist’s email system. Zumper’s team consists of Anthemos Georgiades, who comes from a real estate family, as well as Taylor Glass-Moore, a San Francisco native and real estate broker for more than seven years. If a broker or property manager is interested in posting apartments to Zumper, they should email [email protected] to join. Source: Peter Ha / www.techcrunch.com

Berkeley Rent Board Speaks OutTHE BERKELEY RENT STABILIZATION BOARD published its response to the recommendations featured in the critical report published by the Alameda County Grand Jury in June. Among the responses, the board disagreed with the claim that the board’s executive director is overpaid and will not reduce his $183,000 salary. However, the board will conduct an annual assessment of his performance in addi-tion to the full-scale review it now does every three years.

The board also claimed that fees are higher in Berkeley than in Los Angeles because Berkeley’s program is more effective and has higher costs.

The board also agreed to commission an outside expert or peer review by staff of another rent stabilization pro-gram to review the appropriateness of its workload and staffing.

Despite agreeing to those changes, the Rent Stabiliza-tion Board disagreed with the tone and conclusions of the Grand Jury Report, which stated the board was a “self-sus-taining bureaucracy that operates without effective over-sight and accountability.”

NAA Pushes Pro-Apartment Message As part of their stepped-up public relations initiatives, the National Apart-ment Association and the National Multi Housing Council ran two of their pro-apartment ads in the influential publica-tions Politico and National Journal at the

Republican and Democratic National Conventions. The ads were seen by all convention attendees on the morning of each party’s presidential nomination speech—the most important day of each convention. The ads are part of a six-advertisement portfolio showing not only that apartments create jobs but also that changing demographics and lifestyle preferences strongly favor rental hous-

Apartments in Emeryville’s Bay Street shopping center

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ebrha.com | OCTOBER 2012 | RENTAL HOUSING 9

Support Grows for Federal Building Energy Efficiency Policyalthough congress has been unable to pass a comprehensive energy bill, both chambers remain actively engaged in legislation that includes building energy efficiency, making it a key agenda item for the next Congress. In July, the House Energy and Commerce Committee held a hearing on a modified version of the Smart Energy Act (H.R. 4017). Although the bill’s focus is on energy efficiency in federally owned buildings, it also promotes best practices for advanced utility metering and energy management and data collection that would serve as important models for the private sector. However, the modified bill backed off support of the Department of Energy’s (DOE) building retrofit financ-ing program in light of DOE’s controversial loan guarantee program, which funded the failed Solyndra company. In the Senate, the Energy Savings and Industrial Com-petitiveness Act of 2011 (S. 1000), which includes measures to increase DOE’s role in the development of building energy codes, was offered as an amendment to a much-supported bill on cybersecurity. While the amendment ultimately failed, this action shows members’ determination to have the Senate consider the issue. In addition, the Energy and Natural Resources Committee held a hearing in June to review non-fed-eral financing programs for energy efficient building retrofits.

New Report Shows Green Homes Are In

A recently published report is the first study to provide statistical evidence that, holding other factors constant, a green label on a single-family home in California provides a market premium compared to a comparable home without the label. The research also indicates that the price premium is influenced by local climate and environmental ideology. This study finds that California homes labeled by Energy Star, LEED for Homes and GreenPoint Rated sell for 9 percent more than compa-rable, non-labeled homes. To read more, see “The Green Sheet” on page 34. RH

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Page 10: Rental Housing

10 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

COLUMN community partner

When Kerry Plain graduated from college in 1974, she immediately took a job with

an East Bay flooring distributor selling tools, adhesives and other supplies to floor covering installers. It was during that time that she met Ken Scott, a carpet installer and now her 20-year business partner at Bay Area Contract Carpets Inc. in Oakland.

Ken began laying carpet around 1972, but a few years later, decided to join the Oakland Police Department. Although he wanted to take a break from the carpet industry, he continued to install carpet for his friends and co-workers. He was even able to incorporate the two careers.

“When working narcotics, if I was in uniform, no one would let me into a property, but carry a carpet sample and a tape measure and I could get into any

of the original owners’ home and then moved to a building on 36th Avenue in Oakland. Today, their 15,000 square foot warehouse and showroom is located just off Interstate 880 on Independent Road in East Oakland.

Ken and Kerry said they’ve maintained great relationships with customers, which they say builds trust and loyalty, and keeps them coming back.

“We’ve worked with some customers for more than 20 years, and some fol-lowed us from previous employers,” Kerry said. “We’ve seen our customers get mar-ried and start families, and then saw their kids get married. We’ve shared our lives with many customers and have relation-ships that span generations.”

One thing that often shocks people about Ken and Kerry is that they are just friends and business partners.

“We are a family business, but a combination of two families. We’re not married to each other, which surprises some people,” she said, adding that Ken has been married to his wife, Carole, for 40 years. She too works as needed in the business. “In this day and age, you’d think that people might be used to a man and woman working together, but people are still surprised.”

Of their combined family, Kerry said many of their customers still remem-ber her son Jimmy as a toddler running around the warehouse. Most are shocked when they realize he is 20 years old and in college now, and works in the warehouse during vacations from school. Scott’s two sons, Kevin and John, and his daughter Sarah also work at Bay Area Contract Carpets, and have since they were in junior high. Now in their 30s, custom-ers have watched this next generation of Scotts grow, as well as start families of their own.

Ken and Kerry both feel that family defines their business, be it their families’

involvement in the com-pany, the long relation-ships they’ve built with customers and their families, or the close relationships Bay Area Contract Carpets’ long-term employees share.

Ken and Kerry both enjoy spending time with

property I needed,” Ken said. “He was the carpet cop,” Kerry said

jokingly. “Nobody leaves the carpet industry once they’ve started!”

During his 22 years with OPD, he enjoyed success as a police officer, but always felt that he would return full time to the carpet industry. After retirement from the Department in the mid-90s, he returned when he and Kerry bought Bay Area Contract Carpets from the original owners. They felt it was a wise business choice to keep the name “Bay Area Contract Carpets,” which had been established since 1971, and was a name that people recognized and trusted.

Bay Area Contract Carpets Inc. started out

All in the FamilyTwo East Bay natives joined forces to provide extraordinary service and lifelong relationships. BY ESTEBAN CORTEZ

“We’ve seen our cus-tomers get married and start families,” Kerry said. “We’ve shared our lives with customers and have relationships that span generations.”

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Ken Scott and Kerry Plain of Bay Area Contract Carpets

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12 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

All classes and workshops are held at the EBRHA Education Center 360 22nd St., Suite 240, Oakland

Cost (per class/workshop) Members: free, Non-members: $49

Registration Danielle Walker, [email protected], 510.318.8300

UPCOMING EBRHA WORKSHOPS & CLASSES

Landlord 101 DATE & TIME WEDNESDAY, OCTOBER 3; 1:00 P.M. - 2:30 P.M. SPEAKER Danielle Walker, EBRHA TOPICS •NewEBRHAWebsite •MemberBenefitsYouMayNotKnowAbout •NewLawsfor2012 •TenantScreeningProgramSign-Up •PotentialTenant—ApplicationProcess •FairHousingLaws&Practices •CostofEviction

Landlord 102 DATE & TIME TUESDAY, OCTOBER 9; 1:00 P.M. - 2:30 P.M. SPEAKER Danielle Walker, EBRHA TOPICS •NewLaws:BusinessLicense&OaklandRentBoardFee •LeaseAgreement •SecurityDeposits •Move-inMove-outForm •RentIncreases •Oakland’sNoticeoftheRentAdjustmentProgram

(RAPForm) •Addendums •Notices:NoticetoCease;Three-DayNoticetoPay

RentorQuit;24-HourNoticetoEnterDwellingUnit

Gaining Access Into Tenants’ Units DATE & TIME TUESDAY, OCTOBER 16; 1:00 P.M. - 2:30 P.M. SPEAKER Clifford Fried, Fried & Williams LLP TOPICS •LawofAccess •Noonehome? •Evictionsbasedondenialofaccess •Payingfortenantcooperation

Correct Usage of Legal Notices DATE & TIME TUESDAY, OCTOBER 30; 6:00 P.M. - 7:30 P.M. SPEAKER Daniel Bornstein, Bornstein & Bornstein TOPICS •Determiningwhichnoticetouse •Properdrafting/serviceofanotice •Writingaletterversusservinganotice •Monitoringcompliancewithanotice •Expirationofanoticeandsubsequentinvestigation •Failuretocureandensuringeviction

their families and friends in their spare time. All of the Scott family lives in the Bay Area, including Ken’s brothers and sisters, which he thinks is very fortunate.

They also love living, working and spending time in the East Bay.

“The Bay Area has been very good to us. Property managers, realtors and own-ers in Oakland and the Bay Area are our bread and butter,” Kerry said.

Kerry praises the East Bay, which she says is close to many great destinations and has perfect weather. She was born and raised in Alameda, and Ken is from San Lorenzo.

As well as being longtime members and supporters of EBRHA, Ken and Kerry choose to get involved with other local rental housing organizations to meet their customers face-to-face. Most of their business is in multifamily and property management, so they value their member-ship with EBRHA. They also appreciate that many of their customers trust them to make decisions about products and trust their record keeping. They explained that while properties go through various own-ers or managers through time, customers often rely on Bay Area Contract Carpets to maintain flooring records for various properties. For example, customers often call and ask when a unit’s carpet was last replaced, and Bay Area Contract Carpet employees can tell them the date, color, type and cost of the last replacement. It also allows them to choose proper prod-ucts for inventory when they have a 15 to 20 year history of a particular property.

Aside from being reliable, they also strive to keep good communication, competitive pricing and customer service synonymous with Bay Area Contract Carpets.

“Floor covering has been a great indus-try to be involved in and we’ve had a great run,” Scott said. “Focusing on the income property and real estate facets has allowed us repetitive dealings with our target customers and allowed us the benefit of so many long term relationships.”

Both Ken and Kerry agree, Bay Area Contract Carpets enjoys a great reputa-tion that took a lot of years and a lot of hard work to build, and it is well worth it. They look forward to seeing the second generation continue the traditions along-side them. RH

Page 13: Rental Housing

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14 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

FEATURE

Page 15: Rental Housing

ebrha.com | OCTOBER 2012 | RENTAL HOUSING 15

Learn why grass roots support of EBRHA members can be decisive. BY WAYNE C. ROWLAND

The political landscape of the city of Oakland is set to undergo the most significant change it has experienced in many years. Setting the change in motion are three

incumbent city council members who have decided not to re-run for their current offices, two of these having set their sights on other elected offices and the other having decided to retire. Council Member Jane Brunner, representing District 1, will be leaving her Council position to run for the office of City Attor-ney. She will be facing a very capable political opponent, current Oakland City Attorney Barbara Parker. Ignacio De la Fuente is leaving his seat, representing District 5, to run for the position of Council Member at Large. His major opposition is current officeholder Rebecca Kaplan. Nancy Nadel is retiring.

These moves open up three council seats to be filled by non-incumbents, setting the stage for what appear to be some pretty competitive races.

THE RACES FOR CITY COUNCIL In District 1, seven candidates have qualified to run for the soon-to-be vacant seat. They are child advocate Amy Lemley; California Forward policy director Richard Raya; environ-mental advocate Dan Kalb; accountant Len Rafael; electrical contractor Don Link; community activist Don Macleay; and attorney Craig Brandt.

The race in District 3 contains a similarly competitive roster of candidates, one of whom was runner up to current Council Member Nancy Nadel in the previous election. In 2008, youth advocate Sean Sullivan captured 27% of the vote to Nadel’s 51.65%. The other candidates are affordable housing and economic development advocate Lynette Gibson-McElhaney; entrepreneur and local activist Alex Miller-Cole; realtor Larry Lionel Young, Jr.; and Dr. Nyeisha Dewitt, program director of a city-wide dropout prevention program at Oakland’s Promise Alliance.

In the District 5 race, four candidates seek to become

Council Member Ignacio de la Fuente’s replacement. They are longtime Oakland School Board Member Noel Gallo; realtor Mario Juarez; artistic director of Pythia Arts Foundation Dawn McMahan; and general manager of a family business Shelly Garza.

The outcome of each of these three races will bring new faces to the Oakland City Council, so naturally a lot of attention has been given to each. But things could also be somewhat competi-tive in District 7, where incumbent Council Member Larry Reid has held office since 1997. He faces two challengers: community activists Beverly Williams and Sheryl Walton. FUNDRAISING According to campaign finance reports Reid is being substan-tially outdistanced in fundraising by Walton. She has raised $27,670 for the first half of the year and currently has $26,230 on hand, while Reid has raised only $500 and has $1,237 in debt. This suggests that despite his incumbent advantage, Reid has a real challenge on his hands with Walton.

To be sure, not all of the candidates seeking these offices are well-funded. Some significantly lag their competitors in fund raising results. In District 3, for example, Sean Sullivan at midyear had $47, 981 on hand, while his nearest competitors in fundraising, Lynette McElhaney and Alex Miller-Cole, had $31,810 and $30,114 respectively; Dewitt had only $12,132.

And while success in fundraising is no guarantee of electoral success, in those races where no candidate has a significant advantage in name recognition, the ability to reach voters through pricey media exposure may prove pivotal. THE ROLE OF EBRHA MEMBERS As with funding, not all the candidates have well staffed cam-paign organizations. In fact, most appear to be rather thin in this area. Yet the ability of candidates to reach voters through the efforts of volunteers can be significant. This is where the

Oakland City Council set for a

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grass roots support of the members of organizations such as the East Bay Rental Housing Association (EBRHA) can be decisive.

EBRHA represents the interests of rental housing owners and is always interested in seeing that those interests are given fair consideration by elected officials and that we are given a seat at the table to discuss and provide input regarding regulation or legislation that may affect our efforts. To this end, members of our Government Affairs Committee have met with several of the candidates seeking election. Indeed, to date we have been fairly impressed by the overall quality of candidates currently running for office, and hope to meet with more candidates soon.

Our candidate meetings have several objectives. First, we want to be able to help the candidates understand who we are to get past the mischaracterizations that can occur when an industry is nameless and faceless. We want them to understand that the overwhelming majority of our members are small, local property owners rather than large out-of-town owners. We want them to know that we are sensitive to the impact of hous-ing related rules that are initiated at city hall, and that unfair

rules related to rental housing — which often tend to become law — stand to hurt the local economy by harming us and all the tradespersons, merchants, local stores and businesses that depend on us for their livelihoods. We want them to know that we are an integral part of the health of the local economy.

Second, we want to gauge their knowledge of our industry. We want to know their position on rent control, Measure EE and other areas of housing regulation. And while we don’t feel it necessary that any candidate be an expert in rental housing or agree with our positions 100% of the time, we do feel that it is important that they be open minded and willing to learn our perspective on housing related issues.

So far, our interviews have shown that the challenges faced by rental housing owners are not necessarily at the top of the priority list of most candidates. Most are not so keenly aware of the impact of local housing policy on the overall economic health of the city, such that they have developed specific housing policy positions that they have been able to share. Even so, most have demonstrated a willingness to listen and learn.

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What we have noticed on the priority list of all of the candidates is the issue of public safety in Oakland. This is a good thing. All of the candidates seem to understand that this is a huge priority for a majority of Oakland voters, and have accordingly crafted positions on what they feel should be done to achieve greater public safety.

Interestingly, these positions have not necessarily been com-prehensively thought through, and in some instances, have left us grappling to understand the candidate’s position. For exam-ple, one of the candidates expressed concern that were he to publicly state the need for Oakland to have a larger police force, he would be compromising his candidacy. He expressed himself in terms of progressive voters being turned off by firm law and order positions. Others expressed their desire that Oakland have more police patrolling our streets, and told us that increasing the size of the police force is one of their objectives.

MAKING A FIRM, POSITIVE IMPACT As the political field has rarely been this wide open in Oakland,

with the possibility of such dramatic political change, we feel that it is important that our industry weigh in and make a firm and positive impact on the course of future events by support-ing the candidates we feel will be best for Oakland. Our support can make a huge difference in any of these contests.

In the coming weeks, we will continue with our interviews and engage some of the candidates in follow-up discussions in an effort to get a greater understanding of their abilities and their positions on the issues of importance. It would be a nice and welcome change to be able to identify candidates who sup-port our efforts to provide quality housing, who understand our issues, and who are willing to work with us in shaping housing policy that helps the city grow and prosper.

To the extent that we can find them, such individuals will get our appreciation, respect, and support in getting elected. RH

Wayne C. Rowland is an active EBRHA board member and is an avid rep-resentative of issues in the community. He has over 30 years of real estate investment experience. He is a graduate of San Francisco State University with a degree in finance.

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FEATURE

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This November, we are saddled with measures — or more appropriately, taxes — that start at the state level and work their way down to the local. While many of us are not opposed to more taxes, we all

expect the services to be rendered. Some of these measures might strike up a case of déjà vu; voters might remember similar measures that date a few years back. As voters, EBRHA members will have definite choices to make and must realize that some of these measures are for long terms or even perpetu-ity. Many of the larger measures explain the amount of funding that will be applied, and in which jurisdiction and/or city. Locally, we look for those measures that allow for pass-through to your renters, and although there are none in this group, it is extremely important to vote in the upcoming election. The fol-lowing are some of the statewide and local measures featured in the November ballot. For more information, go to www.smartvoter.org.

Proposition 30 - Temporary Taxes to Fund Education; Guaranteed Local Public Safety Funding (Governor Brown Tax Measure)Increases personal income tax on annual earnings over $250,000 for seven years. Increases sales and use tax by ¼ cent for four years. Allocates temporary tax revenues, 89 percent to K-12 schools and 11 percent to community colleges. Bars use of funds for administrative costs, but provides local school governing boards discretion to decide, in open meetings and subject to annual audit, how funds are to be spent. Guarantees funding for public safety services realigned from state to local governments. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local govern-ment: Increased state revenues over the next seven fiscal years. Estimates of the revenue increases vary—from $6.8 billion to $9 billion for 2012-13 and from $5.4 billion to $7.6 billion, on average, in the following five fiscal years, with lesser amounts

in 2018-19. These revenues would be available to (1) pay for the state’s school and community college funding requirements and (2) address the state’s budgetary problem by paying for other spending commitments.

Proposition 31 - State Budget; State and Local Gov-ernment. Proponent: Sunne Wright McPeak c/o Robin B. Johansen and James C. HarrisonEstablishes two-year state budget cycle. Prohibits Legislature from creating expenditures of more than $25 million unless off-setting revenues or spending cuts are identified. Permits Gover-nor to cut budget unilaterally during declared fiscal emergencies if Legislature fails to act. Requires performance reviews of all state programs. Requires performance goals in state and local budgets. Requires publication of all bills at least three days prior to legislative vote. Gives counties power to alter state statutes or regulations related to spending unless Legislature or state agency vetoes changes within 60 days.

Proposition 32 - Prohibits Political Contributions by Payroll Deduction; Prohibitions on Contributions to Candidates. Proponent: Ashlee N. Titus c/o Thomas W. HiltachkRestricts union political fundraising by prohibiting use of payroll-deducted funds for political purposes. Same use restric-tion would apply to payroll deductions, if any, by corpora-tions or government contractors. Permits voluntary employee contributions to employer or union committees if authorized yearly, in writing. Prohibits unions and corporations from contributing directly or indirectly to candidates and candidate-controlled committees. Other political expenditures remain unrestricted, including corporate expenditures from available resources not limited by payroll deduction prohibition. Limits government contractor contributions to elected officers or officer-controlled committees.

theCheat Sheet

A guide on local and statewide ballot initiatives hitting your mailbox this month

BY PAUL JUNGE

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Proposition 33 - Changes Law to Allow Auto Insur-ance Companies to Set Prices Based on a Driver’s His-tory of Insurance Coverage. Proponent: Mike D’ArelliChanges current law to permit insurance companies to set prices based on whether the driver previously carried auto insurance with any insurance company. Allows insurance companies to give proportional discounts to drivers with some prior insurance coverage. Will allow insurance companies to increase cost of insurance to drivers who have not maintained continuous cover-age. Treats drivers with lapse as continuously covered if lapse is due to military service or loss of employment, or if lapse is less than 90 days. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local govern-ment: Probably no significant fiscal effect on state insurance premium tax revenues.

Proposition 34 - Death Penalty Repeal. Proponent: Jeanne Woodford c/o James C. HarrisonRepeals death penalty as maximum punishment for persons

found guilty of murder and replaces it with life imprison-ment without possibility of parole. Applies retroactively to persons already sentenced to death. Requires persons found guilty of murder to work while in prison, with their wages to be applied to any victim restitution fines or orders against them. Creates $100 million fund to be distributed to law enforcement agencies to help solve more homicide and rape cases.

Proposition 35 - Human Trafficking, Penalties, and Sex Offender RegistrationIncreases criminal penalties for human trafficking, includ-ing prison sentences up to 15-years-to-life and fines up to $1,500,000. Fines collected to be used for victim services and law enforcement. Requires person convicted of traf-ficking to register as sex offender. Requires sex offenders to provide information regarding Internet access and identities they use in online activities.

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FEATURE

BITS AND BYTESTechnical tips to help property owners improve software security. BY BILL BAGNELL

Proposition 36 - Three Strikes Law; Sentencing for Repeat Felony Offenders. Proponent: David Mills c/o Dan NewmanRevises three strikes law to impose life sentence only when new felony conviction is serious or violent. Authorizes re-sentencing for offenders currently serving life sentences if third strike conviction was not serious or violent and judge determines sentence does not pose unreasonable risk to public safety. Continues to impose life sentence penalty if third strike conviction was for certain non-serious, non-violent sex or drug offenses or involved firearm possession. Maintains life sentence penalty for felons with non-serious, non-violent third strike if prior convictions were for rape, murder, or child molestation.

Proposition 37 - Genetically Engineered Foods; Mandatory Labeling. Proponent: James WheatonRequires labeling on raw or processed food offered for sale to consumers if made from plants or animals with genetic material changed in specified ways. Prohibits labeling or advertising such food as “natural.” Exempts foods that are: certified organic; unintentionally produced with genetically engineered material; made from animals fed or injected with genetically engineered material but not genetically engi-neered themselves; processed with or containing only small amounts of genetically engineered ingredients; administered for treatment of medical conditions; sold for immediate consumption such as in a restaurant; or alcoholic beverages.

Proposition 38 - Tax for Education and Early Childhood Programs; Initiative Statute. Propo-nents: Molly Munger, Roberta B. Johansen, James C. Harrison c/o Remcho, Johansen & Purcell, LLPIncreases personal income tax rates for annual earnings over $7,316 using sliding scale from .4% for lowest indi-vidual earners to 2.2% for individuals earning over $2.5 million, ending after 12 years. During first four years, 60% of revenues go to K-12 schools, 30% to repaying state debt, and 10% to early childhood programs. Thereafter, allocates 85% of revenues to K-12 schools, 15% to early childhood programs. Provides K-12 funds on school specific, per-pupil basis, subject to local control, audits, and public input. Pro-hibits state from directing or using new funds. Estimate by Legislative Analyst and Director of Finance of fiscal impact increased state personal income tax revenues beginning in 2013 and ending in 2024. Estimates of the increases vary from $10 billion to $11 billion per fiscal year beginning in 2013-14. General Fund savings on debt-service costs of about $1.5 billion in 2012-13 and $3 billion in 2013-14, with savings tending to grow thereafter until the end of 2016-17.

Proposition 39 - Tax Treatment for Multistate Businesses; Clean Energy and Energy Efficiency Funding; Initiative Statute. Proponent: Joseph CavesRequires multistate businesses to calculate their California income tax liability based on the percentage of their sales in California. Repeals existing law giving multistate businesses an option to choose a tax liability formula that provides favorable tax treatment for businesses with property and payroll outside California. Dedicates $550 million annually for five years from anticipated increase in revenue for the purpose of funding projects that create energy efficiency and clean energy jobs in California. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Approximately $500 million in additional state General Fund revenues in 2012-13 and $1 billion each year thereafter from requiring a single sales factor formula for corporate taxes, with about half of the additional annual revenues from 2013-14 through 2017-18 supporting energy efficiency and alternative energy projects. Increased Proposition 98 minimum funding guarantee for K-14 schools of roughly $225 million annually from 2012-13 through 2017-18 and by roughly $500 million each year thereafter, as a result of additional state General Fund revenues.

Proposition 40 - Redistricting; State Senate Dis-tricts; Referendum. Proponent: Julie Vandermost c/o Charles H. Bell, Jr.State Senate districts are revised every ten years following the federal census. This year, the voter-approved California Citizens Redistricting Commission revised the boundaries of the 40 Senate districts. This referendum petition, if signed by the required number of registered voters and filed with the Secretary of State, will: (1) Place the revised State Sen-ate boundaries on the ballot and prevent them from taking effect unless approved by the voters at the next statewide election; and (2) Require court-appointed officials to set interim boundaries for use in the next statewide election.

Measure A1 (Alameda County) – Oakland Zoo – Parcel Tax. Oakland Zoo Humane Animal Care/Education Protection MeasureTo maintain/upgrade humane animal care and basic needs (food, medical, heating, cooling, safe enclosures); retain vet-erinarians/animal specialists; care for wounded/endangered animals; support wildlife conservation; maintain children’s educational, nature/science programs, field trips; and keep entrance fees affordable; shall Alameda County levy a tax of $12/parcel annually for residential parcels and comparable commercial/industrial rates, with low-income senior exemp-

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tions, mandatory audits, and citizens’ oversight? Percentage Needed To Pass = Two-thirds

Measure B1 - County Transportation Sales Tax Increase and Indefinite ExtensionPays for several transportation projects for next 20 years, thereafter voters would approve new transportation proj-ects to be funded by this tax revenue. Percentage needed to pass = Two-thirds. This Ordinance is intended to extend the imposition and collection in Alameda County of an exist-ing one-half of one percent transactions and use tax for transportation purposes, which will expire as of March 31, 2022, and impose an additional transaction and use tax by one-half of one percent, resulting in a total tax of one per-cent without any sunset, unless otherwise terminated by the voters of Alameda County. The tax revenue raised by this ordinance shall be used solely for the projects and purposes set forth in the 2012 Transportation Expenditure Plan: Public Transit & Specialized Transit (48%)Local Streets & Roads (30%)

Highway Efficiency & Freight (9%)Bicycle and Pedestrian Infrastructure and Safety (8%) $651Sustainable Land Use & Transportation Linkages (4%)Technology, Innovation, and Development (1%)

Measure J - Oakland Unified School District (Bond Measure)To improve the quality of Oakland schools and school facilities to better prepare students for college and jobs, to upgrade science labs, classrooms, computers and technol-ogy, improve student safety and security, repair bathrooms, electrical systems, plumbing and sewer lines, improve energy efficiency and earthquake safety, shall the Oakland Unified School District be authorized to issue $475 million in bonds, with an independent citizens oversight commit-tee and annual audits to guarantee funds are spent properly to benefit Oakland children? Percentage Needed To Pass = Fifty-five (55%) Percent. RH

Paul Junge has been the public policy director of the Oakland Metropol-itan Chamber since early 2011. He can be contacted at 510-874-4800.

TO GET INVOLVED OR TO DONATE TO THE EBRHA-PAC, CONTACT JILL BROADHURST:[email protected] OR VISIT WWW.EBRHA.COM/PAC

OUR VOICE MATTERS!

THE POLITICAL EFFORTS OF EBRHA COME FROM ITSPOLITICAL ACTION COMMITTE.

The EBRHA-PAC is a nonprofit and nonpartisan committee, the purpose of which is to support local ballot measures and candidates that have a positive impact on the rental housing industry.

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The East Bay apartment market continues to improve as low inter-est rates fuel growing demand

for apartments. In Northern Alameda County from 2010 through the first quarter of 2012, there were 101 transac-tions resulting in over $340,000,000 in apartment sales for buildings with ten or more units. Transactions and dollar vol-ume gained strength through the second quarter of 2011 when it peaked, but this is a good thing for the market because foreclosure/distressed sales have peaked and now sales of non-distressed proper-ties are making up more of the market. Cap rates were 7% to 8% average up to the second half of 2011, and from then on cap rates have come down with the average at less than 6% in the first

company for $2,750,000 and is in escrow at full price and was scheduled to close in August, 2012 at $144,736 per unit and ten times gross. A 6-unit building on Piedmont Avenue in Oakland we listed and sold at over list price closed at 13.5 times gross and a 4.3% cap rate, with no parking! Clients of ours just took a run at 40 older studios on Hearst Avenue in Berkeley, just feet from the North Gate to Cal, and there were a dozen offers. The property was listed by another broker at $4,925,000, over $302 per square foot and my clients offered $5.2 million with 50% down, no loan contingency, a 15-day inspection period with $500,000 non-refundable deposit at that time and they were beaten out. My Alma Avenue client is trading back to San Francisco and he tells me of apartments getting 15 to 25 offers on them, due to the market being in such a frenzy. That frenzy is spilling over to Oakland and beyond, and I expect it to continue for a while.

The Contra Costa County market for sales of apartments with 10 or more units saw similar sales volume from 2010 to the first quarter of 2012 with $418,000,000 over 39 transactions. Cap rates were in the 5% range.

Sales activity for apartments in the East Bay should get stronger as potential sellers realize that they can achieve the prices they demand. As more properties come on the market, sellers who plan on exchanging will realize that they will be able to find something if they com-mit to selling theirs. Interest rates should continue to be low for the near future and the rental market will continue to get stronger. National election years like 2012 are often good years to make a move in real estate and I think this year is

no different. My crystal ball is pretty clear until the election and then it gets a little cloudy. It says if you are thinking of making a move, you should do it now. RH

Link Corkery is a Realtor, EBRHA board member, chair of EBRHA’s market condi-tions committee and presi-dent of Property Counselors Link Corkery, Inc.

quarter of 2012. There are several highlights of where

the market is going that I can relate from personal experience. A 44-unit listing of mine at 265 Vernon Street in Oakland’s Adams Point is in escrow at $5,825,000, full price, and will close by the time this article is pub-lished. It is noteworthy because it sets a record for price per square foot for larger apartment buildings at over $200. A 19-unit building at 676 Alma Avenue in Oakland’s Haddon Hill District of Lake Mer-ritt was listed by my

Competition Boosts SalesLow interest rates and high demand fuel real estate feeding frenzy. BY LINK CORKERY

“National election years like 2012 are often good years to make a move in real estate. My crystal ball is pretty clear until the election and then it gets a little cloudy. It says if you are thinking of making a move, you should do it now.”

COLUMN market conditions

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DANIELL V. RIVERSIDE PARTNERSLandlords frequently file eviction lawsuits against tenants only to dis-miss them because of a fatal defect in the eviction notice that was previously undetected. In other cases, the landlord files the lawsuit knowing they can’t pre-vail, but tries anyway in the hopes the tenant will move rather than fight.

This case concerns a malicious prosecution action by a tenant against a landlord after the landlord filed and dismissed an unlawful detainer action. This is a controversial area of the law, with some appellate courts saying that eviction notices and unlawful detainer actions are privileged and cannot be the basis of a lawsuit against the landlord. Other appellate courts disagree and permit tenants to sue. The procedure for challenging the propriety of these tenant suits is called a “SLAPP motion.”

In Daniell v. Riverside Partners, the Court of Appeal upheld the trial court’s rulings that granted the landlord’s SLAPP motion. Both the trial and appel-

suit soon after it is filed on the basis that the defendant’s conduct was a protected right of petition or free speech and that the plaintiff has no probability of prevail-ing on its claim.

In deciding a SLAPP motion, the court uses a two-step analysis. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. If the court finds such a showing has been made, it then must consider whether the plaintiff has demonstrated a probability of prevailing on the claim.

Every claim of malicious prosecution is a cause of action arising from protected activity because such claims depend upon statements made in a prior judicial proceeding. Tenant Daniell argued that the unlawful detainer action was filed by Riverside’s predecessor, that Riverside didn’t file the unlawful detainer action, and therefore Daniell’s malicious prosecu-tion action didn’t arise from protected activity by Riverside.

The Court of Appeal held that when a corporation that has acquired the assets of another entity is sued (because it either assumed an agreement made by another corporation, merged with another cor-poration, or is a consolidation of two corporations) and when the predecessor corporation could have filed a SLAPP motion, the successor corporation can also file a SLAPP motion.

Tenant Daniell had argued to the trial court that Riverside and its predeces-sor were essentially the same under the second prong of the SLAPP analysis. The Court of Appeal wouldn’t allow Dani-ell, on appeal, to now argue that they were not the same under the first prong. The appellate court ruled that Daniell’s cause of action, therefore, arose out of

protected activity and the SLAPP motion of the landlord was properly granted.

GINSBERG V. GAMSONEvery once in a while, lawyers review leases that appear to have perpetual or unlimited options to renew. These leases seem

late courts found that the tenant’s mali-cious prosecution claim was a cause of action against a person arising from an act of that person in furtherance of the person’s right of petition or free speech.

In 2007, landlord Riverside Partners’ predecessor in interest filed an unlawful detainer action against tenant Daniell. Daniell felt that the eviction was retalia-tory because it was filed in response to his complaints about habitability. Daniell demurred to the complaint and filed a motion to strike. Before the hear-ing on the demurrer and motion, the action was voluntarily dismissed.

Subsequently, land-lord Riverside purchased the property. Tenant Daniell sued Riverside and the prior owner for malicious prosecution. Riverside filed a SLAPP motion. This motion is designed to strike a law-

SLAPP Strikes BackEBRHA’s vigilance has snuffed out Sacramento’s legislative threats to property owners. BY CLIFFORD E. FRIED

Every claim of malicious pros-ecution is a cause of action arising from protected ac-tivity because such claims depend upon statements made in a prior judicial pro-ceeding.

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Political Affairs Meeting DATE TUESDAY, OCTOBER 2 TIME 10:00 A.M. LOCATION EBRHA EDUCATION CENTER 360 22ND ST., SUITE 240, OAKLAND MEMBERS ONLY

Social Mixer DATE WEDNESDAY, OCTOBER 3 TIME 5:30 P.M. - 8:00 P.M. LOCATION MUA OAKLAND 2442 WEBSTER STREET, OAKLAND INFO EMAIL JILL BROADHURST AT [email protected] OR 510-893-9873

General Membership Meeting DATE SATURDAY, OCTOBER 20 TIME 10:00 A.M. - NOON LOCATION EBRHA EDUCATION CENTER 360 22ND ST., SUITE 240, OAKLAND PARKING PROVIDED TOPICS •LegalQ&A,Michael Shepherd, The Shepherd Law Group •NegotiatingTenantBuyouts,

Steve Williams, Fried and Williams LLP •ProtectYourMonthlyRentalIncome,

David Leisen, Aon Rent Protect

UPCOMING EBRHA MEETINGS & EVENTSto never end. In Ginsberg v. Gamson, the

court was asked to interpret a lease exten-sion provision that was either: one option to renew for five years, or multiple five-year options that continued forever.

Landlord Gamson and tenant Gins-berg signed a lease for a five-year term from April 15, 1996, to April 14, 2001. A separately typed addendum to the lease contained a provision entitled, Option to Extend Term, stating: “Tenant shall have the option to extend the term of the lease for additional five-year periods upon the same terms and conditions contained in the lease.”

The parties disagreed on whether ten-ant Ginsberg had the right to unlimited extensions of the lease. Landlord Gamson contended that the lease provided only one option for a single five-year extension of the lease. Tenant Ginsberg contended that the lease provided for a series of renewals under the lease.

The trial judge determined that the lease was not ambiguous and provided the tenant with a series of options of five years, limited to 99 years by Civil Code Section 718. In a carefully reasoned opinion, the Court of Appeal reversed and interpreted the language to mean only one five-year option to renew. The court ruled that to be construed as including a right to perpetual or unlimited renewals, the lease language must clearly demonstrate the parties’ intention to give the tenant that right. Requiring clear and unequivo-cal language intended to convey a right to perpetual renewals protects property own-ers from inadvertently leasing away their property forever and forces the parties to specifically consider and directly express their intent.

The court held that if whether a lease is to be perpetually renewed is at all uncer-tain, it will be construed as importing but one renewal. In this case, the court construed the lease as allowing only one five-year extension of the lease. What do you think? Is the renewal provision quoted above uncertain? Would you have ruled differently? RH

The information contained in this article is gen-eral in nature. Consult the advice of an attorney for any specific problem. Clifford E. Fried is with Fried & Williams LLP and can be contacted at 510-625-0100. Copyright © 2012, Fried & Williams LLP. All rights reserved.

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30 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

A Pile of JunkWhat steps must a landlord take to properly dispose of abandoned property? BY VARIOUS AUTHORS

QMy tenant just moved out and left mountains of junk behind. I

don’t think there’s anything of value, but do I really need to look through it all to make sure? If so, can I charge for my time to do so and take that and any additional refuse fees out of his security deposit?

A Two specific laws govern your situation: the law on security

deposits and the laws related to aban-doned property.

The law governing security depos-its is Civil Code §1950.5. It provides that security deposits may be used to compensate a landlord for a default in rent; to fund repairs of unit damage beyond reasonable wear and tear; to pay for the cleaning the unit to the same level of cleanliness it was in at the start of the tenancy; and lastly, to remedy any future defaults under the terms of the lease to restore, replace or return personal property or appurtenances, exclusive of wear and tear. There is no provision for deductions related to your time to go through the tenant’s property to determine whether there is anything of value.

doned property is more than $300, and no one has contacted you within the waiting period, you are obligated to hold a “public sale” of the items by competi-tive bidding, like an auction. Anyone can bid at the sale, including the former tenant or even the landlord. After the sale is held, you are allowed to deduct the costs of storage, advertising and the sale from the proceeds of the sale. Any balance of the proceeds of the sale must be sent to the county treasurer. It could be maintained that part of the costs of the sale include your time in determining the value of the property left behind. Thus, such deductions could possibly be made from any auction proceeds, but not from the security deposit.

—MARINA FRANCO

QMy tenant complained that the radiators have been banging

loudly and said that he is withhold-ing two days of rent for the inconve-nience. I have been working on fixing the problem. What else should I do?

AWorking on fixing the problem is really all you are required to

do, if you have responded promptly. Radiators banging loudly can constitute an interference with the tenant’s quiet enjoyment of his rental unit, and if the noise is sufficiently loud and/or frequent, it may affect its habitability. Generally, habitability is described in Civil Code §1941.1, which defines “untenantable” dwellings generally as those that lack adequate weather protection, plumbing and gas, hot and cold running water, heating, electricity, clean and sanitary premises (including absence of vermin), adequate trash facilities, safe stairs, rail-ings and floors in good repair.

While loud, banging radiators are not specified, they nevertheless can consti-tute a sufficient interference with the tenant’s quiet enjoyment of the premises to substantially devalue its worth.

Your obligation is to take all reason-able steps to alleviate the problem. If the problem has existed for only a few days, as it appears from the question, and you have acted promptly to alleviate it, the tenant is most likely not legally entitled to any rent reduction.

California Civil Code §1942 permits

You are also required to follow Civil Code §1983 et. seq., which addresses a landlord’s obligations should a tenant leave behind abandoned property. You must give written notice to the former tenant. The notice must describe the items in a manner so that the owner of the property can identify it. The notice must advise that reasonable costs for storage may be charged before the property is returned, state where it may be claimed and the date before which the claim must be made. The date speci-fied in the notice must be a date not less than 15 days after the notice is person-ally delivered or, if mailed, not less than 18 days after the notice mailed.

After the waiting period, if you determine the value of the property to be less than $300, and the tenant does not make any effort to collect it, then you are free to keep the items your-self or throw them away. If you throw them away, I would argue that you have a right to deduct those costs (costs for your time in hauling or getting a dumpster) from the security deposit, as it would fall under returning the unit to its original condition of cleanliness.

If, however, the value of the aban-

COLUMN esq. & a

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32 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

residential tenants to repair untenant-able conditions at their own expense and deduct the expense from their rent under certain circumstances. Section 1942 does not define particular conditions ame-nable to this remedy or suggest it should be limited to the conditions described in §1941.1.

Nevertheless, it arguably could apply to any condition affecting the habitabil-ity or livability of the unit. The remedy requires reasonable notice to the land-lord to perform the repair, the landlord’s unreasonable failure to do so, and is limited to one month’s rent each time the remedy is exercised, with a limit of twice per year. Clearly, this case meets none of those prerequisites.

Aside from the repair and deduct remedy, however, a tenant does have a right to withhold rent for lack of habitability under the holding of Green v. Superior Court, a 1974 California Supreme Court case. The landlord in that case brought an unlawful detainer action based on nonpayment of rent, and the court found the tenant could defend by showing that the rent demanded was not owed because the premises were not habitable. The amount of decrease in value of the rental would be for court determination. Clearly, this route is undesirable under the current situation.

Moreover, you have a practical prob-lem. You are not delivering to the tenant, regardless of any lack of fault on your part, the full measure of the enjoyment of the premises to which the tenant is entitled. It makes sense from a legal standpoint, as well as from a standpoint of business and good relations with your tenant, to reach some sort of reasonable agreement (not a full rent reduction) compensating the tenant for the distur-bance suffered. Such an accommodation, for a problem not caused by the tenant, should serve you in the long run, making your life easier and your tenant more manageable. —SAUL M. FERSTER

The information contained in this article is general in nature. Consult the advice of an at-torney for any specific problem. Marina Franco is with Wasserman-Stern Law Offices and can be reached at 415-567-9600. Saul M. Ferster is a San Francisco-based attorney and can be reached at 415-863-2678.

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Page 33: Rental Housing

ebrha.com | OCTOBER 2012 | RENTAL HOUSING 33

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Page 34: Rental Housing

34 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

COLUMN the green sheet

information & resourcesRECYCLING & DISCARDS MANAGEMENT

City of Alameda 510.749.5840

Albany 510.528.5766

Berkeley 1-9 UNITS 510.527.5555 10+ UNITS 510.981.7270 www.ci.berkeley.ca.us/pw/swm.html

Emeryville 510.613.8710

Oakland 510.238.SAVE (7283) www.oaklandrecycles.com

Household Hazardous Waste 800.606.6606 www.household-hazwaste.org

REBATE PROGRAMS

EBMUD 866.403.2683 | www.ebmud.com

PG&E 800.933.9555 | www.pge.com/res/rebates

LOCAL GREEN ORGANIZATIONS

B.A. Green Business Program 510.567.6770 | www.greenbiz.ca.gov

Build It Green 510.845.0472 | www.builditgreen.org

Recology 415.875.1000 | www.recology.com

StopWaste.Org 877.786.7927

FREE WEATHERIZATION PROGRAMS

Rising Sun Energy 510.665.1501 x17

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Green Labels Provide Market Premium

including location, size, vintage, and the presence of major amenities such as swimming pools, views and air conditioning. Considering that the average sale price of a non-labeled home in California is $400,000, the price premium for a certified green home translates into some $34,800 more than the value of a comparable home nearby. This study yields two key insights into the effect of green labels on property values, and why these effects can be so significant. This is especially important in light of the fact that the added value of a green-labeled home

far exceeds both the estimated cost of adding energy efficiency features to a home and the utility-bill savings gener-ated by those improvements. Financial support for the research was provided by the San Francisco Department of the Environment and StopWaste.Org. Financial support was also provided by the Netherlands Organization for Scientific Research (NWO). RH

The information featured in this article is a short summary from the full report, which can be accessed at www.builditgreen.com or www.nilskok.com.

“THE VALUE OF GREEN LABELS IN THE CALIFORNIA HOUSING MAR-KET” is the first study to provide statistical evidence that, holding other factors constant, a green label on a single-family home in California provides a market premium compared to a comparable home without the label. The research also indicates that the price premium is influ-enced by local climate and environmental ideology. To reach these conclusions, researchers and economists Nils Kok and Matthew E. Kahn conducted an economic analysis of 1.6 million homes sold in California between 2007 and 2012, controlling for other variables known to influence home prices in order to isolate the added value of green home labels. This study, conducted by economists at the University of California, Berkeley and University of California, Los Angeles, finds that Califor-nia homes labeled by Energy Star, LEED for Homes and GreenPoint Rated sell for 9 percent more (±4%) than comparable, non-labeled homes. Because real estate prices depend on a variety of factors, the study con-trolled for key variables that influence home prices

Page 35: Rental Housing

ebrha.com | OCTOBER 2012 | RENTAL HOUSING 35

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Page 36: Rental Housing

36 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

community calendarEVENTS & CLASSES

S M T W T F S

1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30

november

TUESDAY, NOVEMBER 6Political Affairs MeetingMembers Only 10:00 a.m.

WEDNESDAY, NOVEMBER 7

Landlord 101 Members: Free; Non-Members: $49

1:00 p.m. – 2:30 p.m.

WEDNESDAY, NOVEMBER 7

Social Mixer TBD

TUESDAY, NOVEMBER 13

Landlord 102

Members: Free; Non-Members: $49

1:00 p.m. – 2:30 p.m.

SATURDAY, NOVEMBER 17EBRHA General Membership Meeting10:00 a.m. - NoonTopics: •Legal Q & A: TBD •EBRHA Board Member Elections •Emergency Preparedness Clayton Barry, SERVPRO of San Leandro

THURSDAY, NOVEMBER 22EBRHA Office Closed

FRIDAY, NOVEMBER 23

EBRHA Office Closed

WEDNESDAY, NOVEMBER 28

Tenant Screening & Intro to EBRHA Website: Danielle Walker

Members: Free; Non-Members: $49

6:00 p.m. – 7:30 p.m.

Unless otherwise noted, all classes and events are held at the EBRHA Education Center, 360 22nd St., Suite 240, Oakland

S M T W T F S

1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31

october

TUESDAY, OCTOBER 2Political Affairs MeetingMembers Only

10:00 a.m.

WEDNESDAY, OCTOBER 3

Landlord 101 Members: Free; Non-Members: $49

1:00 p.m. – 2:30 p.m.

WEDNESDAY, OCTOBER 3Social MixerMua Oakland2442 Webster St., Oakland

5:30 p.m. – 8:00 p.m.

TUESDAY, OCTOBER 9

Landlord 102

Members: Free; Non-Members: $491:00 p.m. – 2:30 p.m.

TUESDAY, OCTOBER 16Gaining Access Into Tenants’ UnitsCifford Fried, Fried & Williams LLPMembers: Free; Non-Members: $491:00 p.m. – 2:30 p.m.

SATURDAY, OCTOBER 20EBRHA General Membership Meeting10:00 a.m. - NoonTopics: •Legal Q & A: Michael Shepherd, The Shepherd Law Group •Negotiating Tenant Buyouts: Steve Williams, Fried & Williams LLP •Protect Your Monthly Rental Income David Leisen, Aon Rent Protect

TUESDAY, OCTOBER 30Correct Usage of Legal Notices Daniel Bornstein, Bornstein & BornsteinMembers: Free; Non-Members: $496:00 p.m. – 7:30 p.m.

Page 37: Rental Housing

ebrha.com | OCTOBER 2012 | RENTAL HOUSING 37

Oakland 2012-13(3 .0%)ANNUAL ALLOWABLE RENT INCREASE

PERIOD AMOUNT (%)

JULY 1 ‘12 - JUNE 30 ‘13 . . . . . . . . .3.0

JULY 1 ‘11 - JUNE 30 ‘12 . . . . . . . . .2.0

JULY 1 ‘10 - JUNE 30 ‘11 . . . . . . . . .2.7

JULY 1 ‘09 - JUNE 30 ‘10 . . . . . . . . .0.7

JULY 1 ‘08 - JUNE 30 ‘09 . . . . . . . . .3.2

JULY 1 ‘07 - JUNE 30 ‘08 . . . . . . . . .3.3

MAY 1 ‘06 - JUNE 30 ‘07 . . . . . . . . . .3.3

MAY 1 ‘05 - APRIL 30 ‘06 . . . . . . . . .1.9

JUNE 1 ‘04 - APRIL 30 ‘05 . . . . . . . . .0.7

JUNE 1 ‘03 - MAY 31 ‘04 . . . . . . . . . .3.6

JULY 1 ‘02 - MAY 31 ‘03 . . . . . . . . . .0.6

PERIOD AMOUNT (%)

JAN. 1 ‘02 - JUN. 30 ‘02 . . . . . . . . . . . 3

JAN. 1 ‘01 - DEC. 31 ‘01 . . . . . . . . . . . 3

JAN. 1 ‘00 - DEC. 31 ‘00 . . . . . . . . . . . 3

JAN. 1 ‘99 - DEC. 31 ‘99 . . . . . . . . . . . 3

JAN. 1 ‘98 - DEC. 31 ‘98 . . . . . . . . . . . 3

JAN. 1 ‘97 - DEC. 31 ‘97 . . . . . . . . . . . 3

JAN. 1 ‘96 - DEC. 31 ‘96 . . . . . . . . . . . 3

MAR. 1 ‘95 - DEC. 31 ‘95 . . . . . . . . . . 3

JAN. 1 ‘95 - FEB. 28 ‘95 . . . . . . . . . . . . 6

JAN. 1 ‘94 - DEC. 31 ‘94 . . . . . . . . . . . 6

A CPI increase of 3% became

effective on July 1, 2012. Tenants may

only receive one increase in any

12-month period, and the rent increase

cannot take effect earlier than the

tenant’s anniversary date. In addition,

California law requires that for tenancies

receiving greater than a 10% increase,

a 60-day notice is required; if the

increase is 10% or less, a 30-day

notice is required. Owners can only

impose “banked” rent increases equal

to three times the current annual

allowable rent increase rate.

FOR FURTHER INFORMATION CONTACT:

Oakland Rent Board | 250 Frank H. Ogawa Plaza | Suite 5313 | Oakland, CA | 94612 510.238.3721 | www.oaklandnet.com

Berkeley 2012 (1 .6%)ANNUAL ALLOWABLE RENT INCREASE

FOR FURTHER INFORMATION CONTACT:

Berkeley Rent Board | 2125 Milvia Street | Berkeley, CA | 94704 510.981.7368 | www.ci.berkeley.ca.us/rent

PERIOD AMOUNT

2012 . . . . . . . . . . . . . . . . . . . . . . . 1.6%

2011 . . . . . . . . . . . . . . . . . . . . . . . 0.7%

2010 . . . . . . . . . . . . . . . . . . . . . . . 0.1%

2009 . . . . . . . . . . . . . . . . . . . . . . . 2.7%

2008 . . . . . . . . . . . . . . . . . . . . . . . 2.2%

2007 . . . . . . . . . . . . . . . . . . . . . . . 2.6%

2006 . . . . . . . . . . . . . . . . . . . . . . . 0.7%

2005 . . . . . . . . . . . . . . . . . . . . . . . 0.9%

2004 . . . . . . . . . . . . . . . . . . 1.5%, + $3

(1% + $3 IF TENANCY CREATED AFTER JAN. 1999)

2003 . . . . . . . . . . . . . . . . . . . . . . . . 0%

2002* . . . . . . . . . 3.5% (NOT TO EXCEED $30)

2001* $10

PERIOD AMOUNT

2000 . . . . . . . . . . . . . . . . . . . . . . . . . $6

1999 . . . . . . . . . . . . 1% (NOT TO EXCEED $8)

1998 . . . . . . . . . . . . . . . . . . . . . . . 0.8%

1997 . . . . . . . . . . . . . . . . . . . . . . 1.15%

1996 . . . . . . . . . . . . . . . . . . . . . . . . .1%

1995 . . . . . . . . . . . . . . . . . . . . . . . 1.5%

1994 . . . . . . . . . . . . . . . . . . . . . . . . $18

1993 . . . . . . . . . . . . . . . . . . . . . . . . $20

1992 . . . . . . . . . . . . . . . . . . . . . . . . $26

1991 . . . . 4% OR $17 (WHICHEVER IS HIGHER)

PERIOD AMOUNT

1990 . . . . . . . . . . . . . . . . . . . . . . . . $16

1989* . . . . . . . . . . . . . . . . . . . . . . . .3%

1988 . . . . . . . . . . . . . . . . . . . . . . . . $25

1987 . . . . . . . . . . . . . . . . . . . . . . . 3.5%

1986 . . . . . . . . . . . . . . . . . 3%, + $2.50

1985 . . . . . . . . . . . . . . . . . . . . . . . . .2%

1984 . . . . . . . . . . . . . . . . . . . . . . . . .0%

1983* . . . . . . . . . . . . . . . . . . . . . 4.75%

1981* . . . . . . . . . . . . . . . . . . . . . . . .5%

*ADDITIONAL ADJUSTMENTS ARE ALLOWED IF AN OWNER PAID FOR ELECTRICITY OR HEAT.

Beginning in 1998, adjustments are not allowed for the year following a tenant’s initial occupancy. To obtain the maximum amount for a specific address, please use the “Rent Ceiling Database” calculator on Berkeley’s Rent Board website.

Page 38: Rental Housing

38 RENTAL HOUSING | OCTOBER 2012 | ebrha.com

member directory CONTACTS, PRODUCTS & SERVICES

1031 EXCHANGE INTERMEDIARIESChicago Deferred Exchange Co. Teresa Moss Fluegel 877-448-1031 www.cdec1031.com ABATEMENT SERVICESP.W. Stephens Environmental Kimberly MacFarlane 510-651-9506 www.pwsei.comACCOUNTING SERVICESMowat, Mackie & Anderson LLP Jason Clark 510-893-1120 www.mowat.comAPPLIANCE SALES & PARTSAppliance Parts Distributors Mike De Fazio 510-357-8200 www.apdappliance.comAppliance Warehouse of America Mark Sutter 510-921-1071 www.appliancewhse.comFerguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.comR & B Wholesale Distributors, Inc. Chris Burggraf 510-782-7200 www.rbdist.comSincere Home Decor Keith Chan 510-832-2838, x108 www.sincerehomedecor.comAPPRAISERSAccess Appraisal: Apartment Specialists Joe Spallone 510-601-1466 www.accessappraisal.comMark Watts Commercial Appraiser Mark A. Watts 415-990-0025 www.markwattscommercialappraisal.comARCHITECTUREInsideOut Design Pennell Phillips 510-655-1198 www.aboutinsideout.comASPHALT/CONCRETEAmerican Asphalt & Concrete Joe McSweeney 510-723-0280, x28 www.americanasphalt.comASSOCIATIONSBOMA Oakland/East Bay Roberto O. Robledo 510-893-8780 www.bomaoeb.orgOakland Association of Realtors Cameron Platt 510-836-3000 www.oar.org

Oakland Builders Alliance Beverly Rivas 510-735-8849, x101 www.oaklandbuilders.netOakland Metropolitan Chamber of Commerce Joseph Haraburda 510-874-4808 www.oaklandchamber.comATTORNEYS - EVICTIONS

Bornstein & Bornstein Daniel Bornstein 510-836-0110, x1007 www.bornsteinandbornstein.comFried & Williams LLP Clifford Fried 510-625-0100 www.friedwilliams.comLaw Offices of Jonathan Quint Jonathan Quint 510-595-9130 www.jonathanquint.comRopers, Majeski, Kohn & Bentley PC Stephen Lightfoot 415-972-6315 www.rmkb.comThe Evictors Ed Nagy 510-839-2074The Shepherd Law Group Michael Shepherd 510-531-0129 www.theshepherdlawgroup.comTubman Law Group Amy Kelley 510-379-8839, x700 www.tubmanlawgroup.comATTORNEYS - LAND USE/CONDO CONVERSION

Law Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.comLaw Offices of Ann Rankin Ann Rankin 510-653-8886 www.annrankin.comATTORNEYS - REAL ESTATE/CORPORATION

Burnham & Brown Jack Schwartz 510-444-6800 www.burnhambrown.comLaw Offices of John Gutierrez John Gutierrez 510-647-0600, x2 www.jgutierrezlaw.comLaw Offices of Jonathan Quint Jonathan Quint 510-595-9130 www.jonathanquint.comRopers, Majeski, Kohn & Bentley PC Stephen Lightfoot 415-972-6315 www.rmkb.com

Tubman Law Group Amy Kelley 510-379-8839, x700 www.tubmanlawgroup.comAUTOMOTIVE

Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.comBANKING/LENDING

Chase Commercial Josh Milnes 510-891-4545 [email protected] Commercial Ted Levenson 415-945-5430 [email protected] Mortgage Marc Lipsett 510-622-8515 www.intervest-mortgage.comLuther Burbank Savings Larry Miller 925-627-279 www.lutherburbanksavings.comTorrey Pines Bank Jeff Becker 510-899-7569 www.torreypinesbank.comBATHROOM & KITCHEN REMODELING

American Bath Enterprises, Inc. Larry Arcadi 510-785-2600 www.americanbathind.comAshby Lumber Emily Brown 510-843-4832 www.ashbylumber.comBathfitter Justin Starnino 510-969-3905 www.bathfitter.comMarkus Supply/Ace Hardware Dan Altwarg 510-832-6532 www.markussupply.com R3 Renovation, Inc. Jim Irwin 916-388-2100 [email protected] Home Decor Keith Chan 510-832-2838, x108 www.sincerehomedecor.comBLINDS & DRAPES

American Draperies & Blinds, Inc. Paul Russo 800-972-0660 www.americandrapery.comBUILDING MATERIALS/HARDWARE

Ashby Lumber Emily Brown 510-843-4832 www.ashbylumber.com

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James Hardie Building Products Ellen Dowd 800-426-4051 www.jameshardiecommercial.comMarkus Supply/Ace Hardware Dan Altwarg 510-832-6532 www.markussupply.com ReStore/Habitat for Humanity Rose Stubberfield 510-777-1447 www.habitateb.org/restoreCARPET CLEANINGCleaner Carpets Ron Russell 510-522-1344 [email protected] AGENCIESRent Recovery Service Robbie Cronrod 800-845-1086 www.rentrecoveryservice.comCONSTRUCTIONSpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.comVasona Construction, Inc. Dan Scharnow 510-413-0091, x203 www.vasonaconstruction.comWest Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.comCLEANING SERVICELydia’s Janitorial Noemi Fernandez 510-927-6111CONTRACTORS/RESTORATIONARC Cleaning & Restoration Nina Lauffer 510-221-7956 www.arc-ca.comBelfor Property Restoration Lisa Schwichtenberg 888-543-3473 www.belforusa.comHar-Bro Restoration Ryan Rusler 510-887-8500 www.harbro.comServiceMaster Jean Hughes 510-351-0581 [email protected] of San Leandro Clayton Barry 510-352-2480 www.servprosanleandro.comDOORS & GATESCommunity Controls Tim Bruske 800-284-2837 www.communitycontrols.com

R & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.comELECTRICAL SUPPLIESFerguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.comELECTRICIANSAlly Electric & Solar, Inc. Metin Saglam 510-559-7700 www.allyelectrical.comAutomation Electric Rene Schaub 510-333-8192 www.automationelectric.bizThomas Electric Co. (TEC) Thomas Hurtubise 510-814-9387 www.tecelectric.netELEVATOR REPAIRSParamount Elevator Corp. Mark Pipoly 510-835-0770 www.paramountelevator.comENVIRONMENTAL TESTING SERVICESEssel Environmental Consulting Nik Lahiri 925-413-5511 www.esseltek.comFIRE PROTECTIONBattalion One Fire Protection Mike Herbert 510-653-8075 www.battaliononefire.comBay Alarm Limor Margalit 510-639-2652 www.bayalarm.comDetect All Security & Fire Amy Roither 510-835-4100 www.detectall.comSentry Alert David Ingham 510-549-0306 www.sentryalert.comFLOOR COVERINGSBay Area Contract Carpets, Inc. Kerry Plain or Ken Scott 510-613-0300 www.bayareacontractcarpets.comDick’s Carpet One Dan Biles 510-633-9533 www.dickscarpetoneoakland.comTradeway Carpet Outlet Darryl Johnson 510-233-3350 www.tradewaystores.comGARAGE DOORSR & S Overhead Garage Door Sean Boatright

510-483-9700, x14 www.rsdoors.comGOVERNMENT AGENCIESHousing Authority of the City of Alameda Mike Pucci 510-747-4325 www.alamedahsg.orgOakland Housing Authority OHA Leased Housing 510-874-1500 www.oakha.orgHANDYMAN SERVICESHalcyon Properties Roger Shane 510-847-7075 [email protected] to Finish Christopher Bailey 510-727-9128 [email protected] & AIR CONDITIONINGAlbert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.comApple Heating & Air Conditioning Bobby Wong 510-530-2423 [email protected] Heating & Air Conditioning Lisa Tuck 510-893-1343 www.atlasheating.comBlack Diamond Mechanical Robert Lopez 510-522-4196 robertlopez@blackdiamond mechanical.comMcHale’s Heating Rory McHale 510-714-9100HEATING & AIR CONDITIONING SUPPLIESFerguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.com INSPECTIONSSpottCheck Consulting Susan Spott 510-816-1452 www.spottcheck.comINSURANCEAon Rent Protect David Leisen 818-742-1383 www.aonrentprotect.comBuilding Insurance Specialists Mike Pallas 925-297-4202 www.buildinginsurancespecialist.comCapital Insurance Group George Cushing 800-732-6770 www.ciginsurance.com

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Commercial Coverage Insurance Paul Tradelius 415-436-9800 www.comcov.comJain L. Williams - State Farm Insurance Jain L. Williams 510-530-3222 www.jainwilliams.comNorthStar Risk Management & Insurance Services Pat Lowther 925-975-4686 www.northstar-ins.comPFN Insurance Services Nicholas Penland 510-483-6667 www.pfninsurance.comINTERCOMS & ACCESS CONTROLSCommunity Controls Tim Bruske 800-284-2837 www.communitycontrols.comR & S Overhead Garage Door Sean Boatright 510-483-9700, x14 www.rsdoors.comSound Communication Systems Jerry Dean 510-595-8111 [email protected] Caliber Group Ray Rivera 510-583-5849 [email protected] OPPORTUNITIESMartinez Real Estate Investment Jose Martinez 510-769-0436LAUNDRY EQUIPMENTCoinmach Katherine Le 510-429-0900, x54435 www.coinmach.comInnovative Laundry Systems P.K. Forrest 877-777-3727 www.innovativelaundry.comLEAD PREVENTIONA.C. Lead Poisoning Prevention Program Julie Twichell 510-567-8252 www.aclppp.orgLIGHTING SUPPLIESFerguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.comLOCKSMITH EVICTION SERVICESGolden Gate Locksmith Co Ralph Scott 510-654-2677 [email protected]

JB Painting Josue Landa 510-282-1431 [email protected] Painting & Decorating Roberto Diaz 510-421-1908 [email protected]’s Painting & Renovating Steve Fagrey 510-910-6997 www.welovetopaint.netUniverse Painting, Inc. William McKenzie 866-666-6761 www.universepainting.comPEST CONTROLTerminix Robert Sater 510-489-8689 www.terminix.comPLUMBING - WATER HEATERSAlbert Nahman Plumbing & Heating Albert Nahman 510-843-6904 www.albertnahmanplumbing.comBlack Diamond Mechanical Robert Lopez 510-522-4196 robertlopez@blackdiamond mechanical.comEthan’s Service Plumbing Ethan Elkins 510-390-4185 [email protected] Plumbing Tsering Chomphel 510-233-2529 www.mount-everest-plumbing.comPacific Drain & Rooter Service Nasir Jalil 510-452-4606 [email protected] Martin Alvarez 510-755-1262 [email protected] Tankless, Inc. David Shevick 415-794-2084 www.tanknot.comPLUMBING SUPPLIESFerguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.comPROMOTIONAL PRODUCTSAspire Business Consulting Natalie Koffler 510-919-0914 www.aspirebizconsult.comPROPERTY MAINTENANCEThe Garza Company, Inc. Manuel Garza 510-763-9500 [email protected]

PROPERTY MAINTENANCE SUPPLIESFerguson Enterprises, Inc. Jimmy Theoc 510-512-2064 www.ferguson.comPROPERTY MANAGEMENTAdvent Properties, Inc. Benjamin Scott 510-250-7918 www.adventpropertiesinc.comBay Property Group Robert Goldman 510-836-0110 www.baypropertygroup.comBeacon Properties Carlon Tanner 510-428-1864 www.beaconprop.comCaldecott Property Management Services Ronald Reece 510-594-2400, x226 www.caldecott.comCanyon Pacific Management Tom Scripps 415-495-4739 www.canyonpacific.com

Cedar Properties Jonathan Weldon 510-834-0782 www.cedarproperties.com

The Enterprise Company William McLetchie 510-444-0876

ERI Property Management Sasha Bermudez 510-883-7017 www.erirentals.com

Lapham Company Jon Shahoian 510-594-7600 www.laphamcompany.com

Laramar Group Joby Tapia 415-814-5001 www.laramargroup.com

Marquardt Property Management Karen or Judi Marquardt 510-530-2050 www.mpmoakland.com

OMM Inc./Mason Management Janice Mason 510-522-8074 www.ommhomes.com

Premium Properties Sam Sorokin 510-594-0794 www.premiumpd.com

Shaw Properties Liz Hart 510-654-1920 www.shawprop.com

Sphinx Property Management Jon Goree 510-798-9299 www.sphinxpm.com

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Wellington Property Company Sarah Mills 510-339-3810 www.wellingtonpropertyco.com

Western Management Property, Inc. Vinnie Mistry 510-451-7317 www.westernmpinc.com

Woodminster Property Management Nicholas Drobocky 510-336-0202 www.woodminstermanagement.comRAIN GUTTERS

R.C. Gutter Services Ramiro Cornejo 510-331-4425

REAL ESTATE BROKERS & AGENTS

Advent Properties, Inc. Benjamin Scott 510-250-7918 www.adventpropertiesinc.com

Caldecott Properties Andy Read 510-594-2400 www.caldecott.com

Coldwell Banker – Apartment Specialist John Caronna 925-253-4648 www.eastbayIREA.com

Coldwell Banker Commercial Henry Ohlmeyer 925-831-3390 www.coldwellbanker.com

David Pio 510-815-2000 [email protected]

Edrington & Associates Steven Edrington 510-749-4880 [email protected]

Home & Investment Realty George Vassiliades 510-710-6826 www.propertiesbygeorge.com

Lapham Company Tsegab Assefa 510-594-0643 www.laphamcompany.com

Litton/Fuller Group Luke Blacklidge 510-548-4801, x130 www.littonfullergroup.com

Marcus & Millichap David Wolfe 510-379-1200 www.marcusmillichap.com

NAI Kilpatrick & Company Grant Chappell 510-972-4941 www.naikilpatrick.com

Property Counselors Link Corkery, Inc. Phil Williams 510-566-4994

Rosemary McNally Rosemary McNally 510-769-1845 www.rosemarymcnally.comWoodminster Real Estate Co Inc. Nicholas Drobocky 510-336-0202 www.woodminsterrealty.comRECYCLING/REUSEAutomatic Response Systems Steve Papai 510-717-3631 www.compax.comReStore/Habitat for Humanity Rose Stubberfield 510-777-1447 www.habitateb.org/restoreRENT CONTROL CONSULTANTSAlan K. Beales 510-339-9776RENTAL SERVICESCal Rentals Elaine Perkins 510-642-3644 www.calrentals.housing.berkeley.eduEden I & R Ollie Arnold 510-537-2710 www.edenir.orgROOFERSCentral Coating Company, Inc. Jack Hnilo 408-968-8438 www.centralcoatingcompany.comFidelity Roof Company Steve Parry 510-547-6330 www.fidelityroof.comFrank Fiala Roofing Frank Fiala 510-582-6929 www.ffialaroofing.comGeneral Roofing Company Michael Wakerling 510-536-3356 www.generalroof.comPrecision Roofing Company Michael Green 510-436-7575 [email protected]/SURVEILLANCEBay Alarm Limor Margalit 510-639-2652 www.bayalarm.comDetect All Security & Fire Amy Roither 510-835-4100 www.detectall.comGolden Gate Locksmith Co Ralph Scott 510-654-2677 [email protected] & S Overhead Garage Door Sean Boatright 510-483-9700, x14

www.rsdoors.comSentry Alert David Ingham 510-549-0306 www.sentryalert.comSEISMIC CONSTRUCTION

Earthquake & Structures, Inc. B.K. Paul 510-601-1065 www.esiengineers.comWest Coast Premier Construction, Inc. Homy Sikaroudi 510-271-0950 www.wcpc-inc.comSIDING

James Hardie Building Products Ellen Dowd 800-426-4051 www.jameshardiecommercial.comSOLAR POWER

Ally Electric & Solar, Inc. Metin Saglam 510-559-7700 www.allyelectrical.comBelenus Renewable Energy David Nolan 415-244-6383 www.belenussolar.comTENANT SCREENING SERVICE

Contemporary Information Corp. (CIC) Dan Firestone 888-232-3822 www.continfo.comTOWING SERVICE

Ken Betts Towing Services Ayub Azam 510-532-5000 www.kenbettscompany.comTREE SERVICE

Coastal Tree Service Hans Waller 510-693-4631 www.coastaltreeservice.comWASTE & WASTE HANDLING EQUIPMENT

Automatic Response Systems Steve Papai 510-717-3631 www.compax.comWaste Management Company David Tucker 510-430-8509 www.wastemanagement.comWINDOWS

Milgard Windows & Doors Craig Rideau 925-260-4511 www.milgard.com

The Window Specialist Tom From 510-923-1000 www.window-specialist.com

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APPLIANCE PARTS & SALES

Appliance Parts Distributor . . . . . . . . . . . . . 7ATTORNEYS

Bornstein & Bornstein . . . . . . . . . . . . . . . . . 43The Evictors . . . . . . . . . . . . . . . . . . . . . . . . . 35Fried & Williams LLP . . . . . . . . . . . . . . . . . . 20BATHTUB & SHOWER ENCLOSURES

American Bath Enterprises, Inc. . . . . . . . . . 13Bath Fitter Commercial . . . . . . . . . . . . . . . 23BUILDING MATERIALS

Markus Supply . . . . . . . . . . . . . . . . . . . . . . . 33Urban Ore . . . . . . . . . . . . . . . . . . . . . . . . . . . .31CARPETING & FLOORING

Bay Area Contract Carpets, Inc. . . . . . . . . .31COLLECTION AGENCIES

Rent Recovery Service . . . . . . . . . . . . . . . . . 17CONSTRUCTION

West Coast Premier Construction . . . . . . 35ELECTRICIANS & SOLAR POWER

Ally Electric & Solar Inc. . . . . . . . . . . . . . . . 27ENGINEERS

Earthquake and Structures, Inc. . . . . . . . . 25INSURANCE COMPANIES

CIG Insurance . . . . . . . . . . . . . . . . . . . . . . . . . 11NorthStar Risk Management . . . . . . . . . . . 23KITCHEN & BATHROOM REMODELING

Sincere Home Decor . . . . . . . . . . . . . . . . . . . 5LAUNDRY

Innovative Laundry Systems . . . . . . . . . . . 35Wash Multifamily Laundry Systems . . . . . 27LENDERS

JPMorgan Chase Bank . . . . . . . . . . . . . . . . . 9Intervest Mortgage Investment Co. . . . . . 27LOCKSMITH & EVICTION SERVICES

Golden Gate Locksmith Co . . . . . . . . . . . . 33MANAGEMENT CONSULTING

The 8 Factors . . . . . . . . . . . . . . . . . . . . . . . . 24PEST CONTROL

Team Too . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2PLUMBING

Albert Nahman Plumbing . . . . . . . . . . . . . 35PROPERTY MAINTENACE SUPPLIES

Ferguson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3PROPERTY MANAGEMENT

Maisel Property Management . . . . . . . . . . 32Western Management Properties, Inc. . . . 27PROPERTY MANAGEMENT & SALES

Bay Property Group . . . . . . . . . . . . . . . . . . 43Beacon Properties . . . . . . . . . . . . . . . . . . . . 33REAL ESTATE AGENTS

Coldwell Banker . . . . . . . . . . . . . . . . . . . . . . .16ROOFING SERVICES

Frank Fiala Roofing . . . . . . . . . . . . . . . . . . . .31 General Roofing Co. . . . . . . . . . . . . . . . . . . 33

EASTBAYRENTALHOUSINGASSOCIATION

Membership Applicationfor Property Owners and Managers

JOINTODAYANDRECEIVEBENEFITSSUCHAS:

FREE RENTAL FORMS

MONTHLY MEMBERSHIP MEETINGS

LEGAL REFERRALS

EDUCATIONAL CLASSES

FREE SUBSCRIPTION TO RENTAL HOUSING MAGAZINE

RENTAL SURVEYS

MANAGEMENT ASSISTANCE

SEMINARS & WORKSHOPS

TENANT SCREENING SERVICE

East Bay Rental Housing Association

360 22nd Street, Suite 240

Oakland, CA 94612

TEL 510.893.9873 | FAX 510.893.2906

ebrha.com

NAME

COMPANY

ADDRESS

CITY STATE ZIP

PHONE EMAIL

RENTAL PROPERTY LOCATION

ANNUAL MEMBERSHIP DUES (TAX DEDUCTIBLE):

1-2 UNITS = $249.00

3-4 UNITS = $269.00

5-8 UNITS = $289.00

9-16 UNITS = $299.00

17+ UNITS = $299.00 + $5.00 PER UNIT

TOTAL DUE: $

CHECK (PAYABLE TO EBRHA) MASTERCARD VISA AMERICAN EXPRESS

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NAME ON CARD

SIGNATURE

DETACH THIS FORM AND FAX OR MAIL TO THE ADDRESS BELOW

ad indexPRODUCTS & SERVICES

Acceptance of an advertisement by this magazine does not necessarily constitute any endorsement or recommendation by EBRHA, express or implied, of the advertiser or any goods or services offered.

Page 43: Rental Housing

www.baypropertygroup.com

Non Payment of Rent Evictions

Nuisance Evictions

Owner Move-In Evictions

Rent Board Petitions

General Landlord-Tenant Litigation

With Offices in San Francisco and Oakland

CALL US: 510-836-0110C

M

Y

CM

MY

CY

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K

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