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RentReviewAdvisoryCommittee/2019-04-17.pdf,3 | RentReviewAdvisoryCommittee | 2019-04-17 | 3 | Approved Minutes April proposed a lesser rent increase to a total of $2,025. Staff said such an agreement could constitute the tenant waiving his rights, which is not allowed under Ordinance no. 3148. Vice Chair Sullivan-Cheah expressed concern that the Committee was mediating a private agreement based on assumptions. Motion and second to table this item until staff can verify rent history and present any updated facts to the Committee (Vice Chair Sullivan-Cheah and Member Sidelnikov). Motion passed 4-0. 7-B. Case 1237 - 1845 Poggi St., Apt. D307 Tenant: Moyende Kamali Landlord: Andy King Proposed rent increase: $170.00 (10.0%), to a total rent of $1,878.00, effective March 1, 2019 Mr. King submitted online rental postings showing the current asking rates for three comparable one-bedroom units at this property and a neighboring property owned by the same group, ranging from $2,271 to $2,341. Mr. Kamali said he works as a self-employed general contractor, so his income can vary based on his current clientele. He said he does not believe the requested rental rate reflects the quality of the unit, and he specifically cited damaged windows where the frame does not close correctly, leaving a gap that lets in air. Following questions about the incentives program, Mr. King said the ownership would be willing to replace windows in the unit if Mr. Kamali agreed to the rent increase. Mr. Kamali proposed an 8 percent increase. The parties agreed on an increase of $136 to a total rent of $1,844, effective May 1, 2019. 7-E. Case 1250.1 - 1825 Poggi St., Apt. A202 Tenants: Jason Schabert and Tammy Cordero-Schabert Landlord: Andy King Proposed rent increase: $127.00 (10.0%), to a total rent of $1,402.00, effective June 1, 2019 Mr. King had no specific statements unique to this case. Mr. Schabert said he is a blue-collar worker and his wife is a homemaker. He said he receives an annual salary increase, but it is not large enough to keep pace with regular rent increases of more than 5 percent. He said the apartment currently has … | RentReviewAdvisoryCommittee/2019-04-17.pdf |
RentReviewAdvisoryCommittee/2019-04-01.pdf,2 | RentReviewAdvisoryCommittee | 2019-04-01 | 2 | Approved Minutes April 1, 2019 6. UNFINISHED BUSINESS None. 7. NEW BUSINESS 7-A. Case 1235 - 1843 Poggi St., Apt. C103 No Committee review. The parties reached an agreement prior to the meeting. 7-B. Case 1236 - 1845 Poggi St., Apt. D214 No Committee review. Review was postponed to the Committee's April 17, 2019 meeting. 7-C. Case 1237 - 1845 Poggi St., Apt D307 No Committee review. Review was postponed to the Committee's April 17, 2019 meeting. 7-D. Case 1239- - 1801 Alameda Ave. Tenant: Ellen Seltzer Landlord: Phoebe Yu Proposed rent increase: $65.00 (4.8%), to a total rent of $1,430.00, effective March 1, 2019 Ms. Seltzer stated that she was at the hearing to have the present rent increase and previous rent increases reviewed due to violations of California Civil Code section 1941.1-1941.2. She said there have been rodent droppings in her home and she informed her landlord and City agencies but did not hear back. She stated that there were maintenance issues with her apartment and wanted to overturn the current and previous rent increases. Ms. Yu stated that the landlords believe that they have followed the Ordinance correctly. She said the owner bought the property in 2017 and at the time of purchase tenants in all six units at the property were paying below market rate rents. She said the owner intended to raise the rent 5% every year until the rates reached market rate, as well as to provide funds to maintain the property. She said that market rate for similar properties in the area was about $1,995.00 Ms. Seltzer responded that she was low income and this increase would create extreme hardship for her, even though the current rental amount was below market rate. Member Chiu asked the Chair and CAO if the tenant's request to review a previous rent increase was within the Committee's purview. Chair Murray answered that before a | RentReviewAdvisoryCommittee/2019-04-01.pdf |
RentReviewAdvisoryCommittee/2019-04-01.pdf,5 | RentReviewAdvisoryCommittee | 2019-04-01 | 5 | Approved Minutes April 1, 2019 Member Sidelnikov asked the parties if there was an increase amount that would work for both of them, but they were not able to find a mutually-agreeable amount. Member Sidelnikov asked Ms. Wipaki if she was open to allowing the tenant to obtain co-tenants to help with the increase, and she replied that she was unsure. The participants took their seats and the Committee began deliberations. Member Chiu questioned whether the property would rent for $5,000.00 per month and said he could understand both parties' situations. Member Sidelnikov commented that the tenancy was fairly new and the requested increase seemed like it may be intended to drive the tenant out. Chair Murray stated that the Committee discouraged large, sudden increases that did not allow the tenants time to adjust. Member Chiu said he believed a reasonable increase would be in the 5-7% range. Member Sidelnikov recommended a 7% increase. Motion and second for a $250.00 increase from May 1, 2019 through April 30, 2020. (Members Chiu and Sidelnikov). Motion passed 3-0. 7-F. Continuation of discussion of memo from CAO to RRAC Committee members discussed their concerns with the memo. CAO offered a response to some of their concerns. Motion and second to table further discussion (Chair Murray and Member Sidelnikov). Motion passed 3-0. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.2 None. 9. MATTERS INTIATED None. 10. ADJOURNMENT The meeting adjourned at 8:51 p.m. | RentReviewAdvisoryCommittee/2019-04-01.pdf |
RentReviewAdvisoryCommittee/2019-04-01.pdf,4 | RentReviewAdvisoryCommittee | 2019-04-01 | 4 | Approved Minutes April 1, 2019 Member Sidelnikov commented that the Committee would have to balance the owner's need for an increase with the financial impact an increase would have on a fixed- income tenant. Member Chiu acknowledged that while imposing regular below 5% increases, the owner was also making improvements to the property. He opined that a $45-$50 increase could be reasonable given the property, its desirable location, and a fair rate of return. Chair Murray commented that she thought the requested increase was reasonable, while at the same time posing a hardship for the tenant. She said that future increases would be necessary for required renovations and in order for the owner to obtain a fair rate of return. She proposed a $30 increase to alleviate some of the immediate pressure on the tenant, while at the same time providing the landlord a higher base rent in future years. Motion and second for a $30.00 increase from March 1, 2019 through February 28, 2020 (Chair Murray and Member Chiu). Motion passed 3-0. 7-E. Case 1241 - 2713 Bayview Dr. Tenant: Daniel Pando Landlords: Esther Wipaki and Jose Cerda-Zein Proposed rent increase: $1,500.00 (42.9%), to a total rent of $5,000.00 effective May 1, 2019 Ms. Wipaki stated that the requested increase was financially necessary for her and if the tenant could not pay it she may have to sell the property. Mr. Pando responded that the requested increase would create a financial hardship for him. He said that he has two children, has to make child support payments, and has been so far unsuccessfully seeking a roommate to try to cover the rent increase. Ms. Wipaki stated that she did not want to request this steep an increase but she was in a position where she had to, given this was an important source of income in retirement. Chair Murray asked what impact selling the property would have on her and Ms. Wipaki replied that there would be a lot of pressure lifted if she was to sell the home. Mr. Cerda- Zein stated that Ms. Wipaki came to him and asked what her … | RentReviewAdvisoryCommittee/2019-04-01.pdf |
RentReviewAdvisoryCommittee/2019-04-01.pdf,1 | RentReviewAdvisoryCommittee | 2019-04-01 | 1 | Approved Minutes April 1, 2019 Minutes of the Regular Meeting of the Rent Review Advisory Committee Monday, April 1, 2019 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:45 p.m. Present: Chair Murray; Member Chiu; Member Sidelnikov Absent: Vice Chair Sullivan-Cheah; Member Johnson Program staff: Grant Eshoo; Bill Chapin City Attorney staff: Michael Roush Program staff called roll of case participants. All parties were present. 2. AGENDA CHANGES Program staff informed the Committee that Agenda Item 7-A would not be heard, as the parties came to an agreement prior to the hearing. Program staff informed the Committee that Agenda Items 7-B and 7-C were granted a postponement until the April 17, 2019 meeting. 3. STAFF ANNOUNCEMENTS Program staff reminded Committee members that a RRAC decision from a prior meeting was scheduled for City Council review on April 2, 2019 at 7:00 p.m. at City Hall and that Vice Chair Sullivan-Cheah would be in attendance on behalf of the RRAC. Program staff requested Committee members' availability for May or June for a planned member training. Chair Murray expressed a preference for June, and staff informed members that an email would be sent to them to follow-up regarding proposed dates in June. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 Angie Watson-Hajjem from ECHO Housing provided information on ECHO's fair housing and landlord-tenant services. 5. CONSENT CALENDAR 5-A. Approval of the minutes of the February 25, 2019 regular meeting Motion and second to table consideration to a future meeting (Chair Murray and Member Chiu). Motion passed 3-0. | RentReviewAdvisoryCommittee/2019-04-01.pdf |
RentReviewAdvisoryCommittee/2019-04-01.pdf,6 | RentReviewAdvisoryCommittee | 2019-04-01 | 6 | Approved Minutes April 1, 2019 Respectfully Submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on May 15, 2019 | RentReviewAdvisoryCommittee/2019-04-01.pdf |
RentReviewAdvisoryCommittee/2019-04-01.pdf,3 | RentReviewAdvisoryCommittee | 2019-04-01 | 3 | Approved Minutes April 1, 2019 case came before the Committee program staff reviewed previous rent increases for compliance and remedied issues associated with any prior invalid increases. She said that to her understanding there was no improper prior notice served to the tenant. Member Chiu asked Ms. Seltzer how this rent increase would create financial hardship for her. She replied that she would have to juggle her finances to be able to pay all her bills. She added that a family member had been helping her financially and she was also receiving government assistance. She said if this rent increase was imposed she would have to ask for additional assistance to pay the proposed amount. Member Chiu asked Ms. Seltzer if the landlord had been responsive to her requests. She replied that she sometimes received responses but for the most part she did not. Member Chiu asked Ms. Yu if she had received text messages from the tenant and if she responded to them. Ms. Yu stated that she responds concerning maintenance issues in about 1-3 business days. Member Chiu asked Ms. Yu what other amenities were offered at the property. She replied that the subject property was a 6-unit building on a very quiet street, and there was a lot of greenery on the grounds. She added the previous owner did not take good care of the property so there were many deferred maintenance issues. She confirmed that the new owner got an inspection report prior to the purchase, and knew about the building's issues. She said the owner's plan was to raise the rent gradually so he would be able to make all needed repairs. Chair Murray asked Ms. Yu about the turnover at the property since its purchase in 2017. Ms. Yu stated that only one unit had turned over and only one tenant was currently paying market-rate rent. Member Sidelnikov asked if the heating issue had been addressed. Ms. Yu replied that there was one heating unit that provided heat for all six units, and that the property was not as modern as it could be, but everything was in working conditi… | RentReviewAdvisoryCommittee/2019-04-01.pdf |
RentReviewAdvisoryCommittee/2019-04-17.pdf,6 | RentReviewAdvisoryCommittee | 2019-04-17 | 6 | Approved Minutes April 17, 2019 Chair Murray said the Committee wants all five members present to consider this item. Staff noted that, based on Committee members' stated conflicts, the next three meetings will not have the full committee present. Chair Murray and Vice Chair Sullivan-Cheah summarized some of the Committee's previously stated concerns with the policy. Chair Murray said the City Attorney's Office was to consider those concerns and present alternatives. The Committee has not seen alternatives, and the memo remains unchanged. She asked that the item be added to the agenda for the next meeting when all five Committee members and a representative of the City Attorney's Office will be present so there can be a discussion. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.2 None. 9. MATTERS INTIATED None. 10. ADJOURNMENT The meeting adjourned at 9:09 p.m. Respectfully Submitted, RRAC Secretary Bill Chapin Approved by the Rent Review Advisory Committee on May 15, 2019 | RentReviewAdvisoryCommittee/2019-04-17.pdf |
RentReviewAdvisoryCommittee/2019-04-17.pdf,1 | RentReviewAdvisoryCommittee | 2019-04-17 | 1 | Approved Minutes April 17, 2019 Minutes of a Special Meeting of the Rent Review Advisory Committee Wednesday, April 17, 2019 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:40 p.m. Present: Chair Murray; Vice Chair Sullivan-Cheah; Members Chiu and Sidelnikov Absent: Member Johnson Program staff: Grant Eshoo; Bill Chapin City Attorney staff: None 2. AGENDA CHANGES Staff called roll of case participants. The tenants for Agenda Items 7-C, 7-D, and 7-F were not present and moved to the end of the agenda. 3. STAFF ANNOUNCEMENTS Staff requested Chair Murray and Vice Chair Sullivan-Cheah provide dates between June 10 and June 22, 2019, for upcoming training. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 None. 5. CONSENT CALENDAR None. 6. UNFINISHED BUSINESS None. 7. NEW BUSINESS 7-A. Case 1236 - 1845 Poggi St., Apt. D214 Tenant: Bashir, last name unknown Landlord: Andy King Proposed rent increase: $198.00 (10.0%), to a total rent of $2,182.00, effective March 1, 2019 | RentReviewAdvisoryCommittee/2019-04-17.pdf |
RentReviewAdvisoryCommittee/2019-04-17.pdf,2 | RentReviewAdvisoryCommittee | 2019-04-17 | 2 | Approved Minutes April 17, 2019 Mr. King said the current ownership purchased the property in October 2017, and the property had extensive deferred maintenance. The ownership has spent more than $3 million in the last year and a half on renovations including seismic upgrades, roofing, painting, and improvements to the grounds. The rent increase is intended to recoup some of this investment. The request is also based on market rates; Mr. King submitted information showing the ownership currently asks $2,524 for a slightly smaller 2- bedroom unit at a nearby property. Bashir said the four tenants are all students attending a nearby university. He said they accepted two previous rent increases without question but now are having trouble making ends meet. He said they have been good tenants and requested consideration for the fact that all tenants will be graduating within the next year and a half. The tenants have no complaints about the management; the only issue is their financial situation. Mr. King declined to respond. Committee members asked for additional information about the tenants' financial situation. Bashir said that some tenants work part-time and some receive scholarships. Their parents occasionally help with bills when they request help. He said they would have to consider moving if the 10 percent increase became effective. Committee members asked for more information about the unit. Mr. King said a new tenant would be charged $2,660 per month for an identical two-bedroom unit at this property. Bashir said there have been no significant improvements made to the interior of the unit, and noted the windows rattle during strong winds. In response to statements made by Bashir, Mr. King explained that the ownership has begun offering incentives to tenants who agree to proposed rent increases. These include upgraded appliances or carpeting or a $1,000 gift card. Member Sidelnikov noted that Bashir mentioned multiple rent increases, but records provided to the Committee showed just one previous increase. Bas… | RentReviewAdvisoryCommittee/2019-04-17.pdf |
RentReviewAdvisoryCommittee/2019-04-17.pdf,4 | RentReviewAdvisoryCommittee | 2019-04-17 | 4 | Approved Minutes April 17, 2019 percent rent increase, but any more than that seems excessive to him. Member Sidelnikov noted that the form the tenants filed said a total rent of $1,350 would be acceptable, which is a 5.88 percent increase. Mr. Schabert said he would accept a 5 percent increase. Ms. Cordero-Schabert said they were trying to compromise by meeting in the middle. Chair Murray noted the filed paperwork had conflicting dates that the increase would become effective. Staff confirmed an effective date of June 1, 2019. Committee members asked for additional information on the tenants' financial situation. Mr. Schabert said the full rent increase would strain their ability to pay for medical care, prescriptions, groceries, and gasoline. He said he has come to rely on substantial overtime at his warehouse job. Medical issues prevent Ms. Cordero-Schabert from working. This is a recent development, and she currently receives no income. The parties were not able to reach an agreement, and the Committee began deliberations. Vice Chair Sullivan-Cheah said this is a case where the rent increase is reasonable, but the full increase would create financial hardship for the tenant. Members Chiu and Sidelnikov agreed the tenant had demonstrated hardship. Chair Murray suggested an increase to a total rent of $1,350 because the tenants had indicated in paperwork that they were comfortable with that amount, even if the percentage came out to greater than 5 percent. Motion and second for an increase of $75 to a total rent of $1,350, effective June 1, 2019 (Member Chiu and Vice Chair Sullivan-Cheah). Motion passed 4-0. 7-F. Case 1249.1 - 1825 Poggi St., Apt. A210 Tenants: Desiree Ann Shaver Landlord: Andy King Proposed rent increase: $120.50 (10.0%), to a total rent of $1,328.00, effective June 1, 2019 Mr. King had no specific statements unique to this case. Ms. Shaver shares the 1-bedroom apartment with her mother and 22-year-old daughter. Ms. Shaver's salary is the primary source of income for the household, although he… | RentReviewAdvisoryCommittee/2019-04-17.pdf |
RentReviewAdvisoryCommittee/2019-04-17.pdf,5 | RentReviewAdvisoryCommittee | 2019-04-17 | 5 | Approved Minutes April 17,2019 Mr. King declined to respond. Member Chiu noted that the paperwork Ms. Shaver filed stated a total rent of $1,267.87 would be acceptable, which would be a 5 percent increase. Ms. Shaver said she could even afford a 6 percent increase to a total rent of $1,280. Committee members asked for additional information on the family's financial situation. Ms. Shaver said her daughter currently works three days a week and helps pay the cell phone and cable bills. She is not currently attending school. Ms. Shaver works for an accounting firm. Committee members asked about any maintenance issues with the apartment. Ms. Shaver said the stove and the bathroom fan do not work, the cold water sometimes comes out hot, the bathtub does not drain, and the bathroom floor is discolored. The parties were not able to reach an agreement, and the Committee began deliberations. Vice Chair Sullivan-Cheah said that, while the proposed rent increase is significant, he was inclined to approve it based on the idea that Ms. Shaver's daughter is capable of working full time and contributing to the rent. Member Sidelnikov and Chair Murray expressed agreement. Chair Murray added that the Committee should encourage and recognize landlords who make investments in seismic upgrades. Motion and second for an increase of $120.50 to a total rent of $1,328, effective June 1, 2019 (Vice Chair Sullivan-Cheah and Member Sidelnikov). Motion passed 4-0. 7-C. Case 1256 - 1843 Poggi St., Apt. C104 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed upon by the parties. 7-D. Case 1264 - 1845 Poggi St., Apt. D216 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed upon by the parties. 7-G. Continuation of discussion of memo from CAO to RRAC concerning confidentiality of information on agenda materials provided to the Committee and the public | RentReviewAdvisoryCommittee/2019-04-17.pdf |
RentReviewAdvisoryCommittee/2018-04-02.pdf,4 | RentReviewAdvisoryCommittee | 2018-04-02 | 4 | Approved Minutes April 2, 2018 10.ADJOURNMENT The meeting adjourned at 7:15 PM. Respectfully submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on May 7, 2018 Page 4 of 4 | RentReviewAdvisoryCommittee/2018-04-02.pdf |
RentReviewAdvisoryCommittee/2018-04-02.pdf,1 | RentReviewAdvisoryCommittee | 2018-04-02 | 1 | Approved Minutes April 2, 2018 Minutes of the Regular Meeting of the Rent Review Advisory Committee Monday, April 2, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:31 P.M. Present were: Chair Cambra; Vice-Chair Sullivan-Sariñana; Members Murray and Friedman Absent: Member Griffiths Program staff: Grant Eshoo, Jennifer Kauffman City Attorney staff: John Le 2. AGENDA CHANGES a. Staff announced that several cases on the agenda would not be heard, as they resolved prior to the hearing, and that the order of some cases had changed. 3. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 a. Angie Watson-Hajjem spoke about ECHO Housing's fair housing, landlord-tenant, and mediation services. 4. STAFF ANNOUNCEMENTS a. No staff announcements. 5. CONSENT CALENDAR 5-A. Approval of the Minutes of the March 5, 2018 Regular Meeting. Vice Chair Sullivan-Sariñana stated that he would like to suggest edits to the March minutes. He confirmed he would email staff suggested amendments before May's RRAC meeting. Motion and second to table approval of the minutes until May's meeting. (Sullivan- Sariñana and Friedman). Motion passed 4-0. 6. UNFINSHED BUSINESS a. No unfinished business. 7. NEW BUSINESS 7-F. CASE 1005.1 - 114 Keil Bay Tenant: Maryann Sadoon Landlord: Elena and Nelson Chan Proposed rent increase: $152.25 (5.0%) to a total rent of $3,197.25, effective April 1, 2018 Page 1 of 4 | RentReviewAdvisoryCommittee/2018-04-02.pdf |
RentReviewAdvisoryCommittee/2018-04-02.pdf,3 | RentReviewAdvisoryCommittee | 2018-04-02 | 3 | Approved Minutes April 2, 2018 Mr. Macias also raised concern about other tenants following the rules, such as by parking correctly. Mr. Hofer explained that he does address those matters with other tenants in an ongoing manner. Vice Chair Sullivan-Sariñana asked Mr. Macias if he was comfortable with paying the rent increase going forward. Mr. Macias responded that he was comfortable agreeing to the increase if the landlord agreed to make the repairs he had requested, which Mr. Hofer agreed to do. The parties reached a voluntary agreement that Mr. Macias would pay the rent increase and Mr. Hofer would address Mr. Macias' concerns. 7-B. CASE 1008 - 941 Shorepoint Ct., Apt. F213 Tenants: Soniya Kullar and Arjmand Yousefian Landlord: Katie Edwards Proposed rent increase: $104.00 (4.9%) to a total rent of $2,239.00, effective March 26, 2018 No Committee review. The tenants did not appear at the hearing. The rent increase will go into effect as proposed. 7-C. CASE 1002.1 - 2056 Encinal Ave., Apt. 4 No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase of $90.00, a 10.0% increase, bringing the rent to a total of $990.00 effective April 1, 2018. 7-D. CASE 1003.1 - 2056 Encinal Ave., Apt. No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase of $80.00, a 10.0% increase, bringing the rent to a total of $880.00 effective April 1, 2018. 7-E. CASE 1004.1 - 2056 Encinal Ave., Apt. 2 No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase of $105.00, a 10.0% increase, bringing the rent to a total of $1,155.00 effective April 1, 2018. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO. 2. a. No public comment. 9. MATTERS INITIATED None. Page 3 of 4 | RentReviewAdvisoryCommittee/2018-04-02.pdf |
RentReviewAdvisoryCommittee/2018-04-02.pdf,2 | RentReviewAdvisoryCommittee | 2018-04-02 | 2 | Approved Minutes April 2, 2018 No Committee review. Prior to the meeting, staff approved Ms. Sadoon's request to attend the meeting by phone. Staff called Ms. Sadoon and she declined to participate. As the tenant declined to participate in the hearing, the rent increase will go into effect as proposed. 7-A. CASE 1006 - 111 Crolls Garden Ct. Tenant: Abel Macias III Landlord: Property Manager Steve Ace Hofer, on behalf of owner, Kumari Judge Proposed rent increase: $85.00 (4.8%) to a total rent of $1,855.00, effective April 1, 2018 Mr. Macias acknowledged the landlord had made improvements to his unit, and stated his desire for the landlord to address other concerns he had about the condition of the unit and complex. To illustrate an example of his concerns, he showed photos on his laptop showing a parked vehicle blocking access to part of the complex. He shared other photos that showed stairs at the property that were in need of maintenance. He pointed out they had worn tread, wood rot, and presented other safety concerns. He said that although some improvements had recently been made, more were needed to make the stairs safer. Vice Chair Sullivan-Sariñana clarified that the RRAC cannot directly address maintenance concerns, but that it could facilitate dialogue that may allow the parties to resolve those issues together along with the rent increase amount. Mr. Hofer stated that management took maintenance of the property seriously and intends to keep the property in good condition. Mr. Macias said he had brought up his maintenance concerns to management before and management had not addressed all of them. Member Murray asked if Mr. Hofer was a new manager and he said he had been employed as the manager at that property for about two years and was working to fix long-standing problems that the previous manager had neglected. Mr. Macias acknowledged that Mr. Hofer had done some work to improve the property and reiterated that he wanted to make sure his concerns were addressed if he is to pay a rent increase. Member… | RentReviewAdvisoryCommittee/2018-04-02.pdf |
RentReviewAdvisoryCommittee/2017-04-03.pdf,2 | RentReviewAdvisoryCommittee | 2017-04-03 | 2 | Approved Minutes April 3, 2017 6. UNFINSHED BUSINESS a. No unfinished business. 7. NEW BUSINESS 7-P. CASE 762.1 - 1940 Franciscan Way, Unit 319 Tenant: Rhonda Jones and Shallen SoBrian (daughter) Landlord: Judith Murray Proposed Rent Increase: $75.00 (4.5%), effective June 1, 2017 Ms. Murray explained that she is raising rent to cover expenses such as property taxes, loan payments, and renovations. She stated that $36.00 of the $75.00 will cover increased property taxes and she is spending about $100 per month on property improvements. Ms. Murray also explained that she expects to repair the parking lot in the coming year and the estimated costs are $80,000-$100,000. She emphasized that she wants to treat tenants fairly by giving everyone the same increase. Ms. Jones stated that she has lived in the unit for over 10 years and has always paid her rent on time. She explained that this rent increase poses a financial burden for her and she is asking for the landlord to recognize her situation. Her daughter, Shallen Jones, expressed concerns that the rent increase is retaliatory given their maintenance requests. Ms. Murray clarified that the City had shut off water to repair pipes and that this rent increase was not in retaliation, stating every tenant receives the same rent increase. She restated her need to treat everyone at the property the same, though recognized the tenant is in a difficult situation. She offered an immediate return of the tenant's security deposit to accommodate the tenant's current financial difficulty. The tenants agreed to accept the rent increase and a full and immediate return of the security deposit. The Committee made the following non-binding recommendation to recognize the tenant/landlord's oral agreement: $75.00 (4.5%) rent increase from $1,595 to $1,670, effective June 1, 2017. The Committee also encouraged parties to discuss the oral agreement reached at the meeting for the landlord to make a full return and immediate return of the security deposit. Motion and second (Sullivan-Sariñ… | RentReviewAdvisoryCommittee/2017-04-03.pdf |
RentReviewAdvisoryCommittee/2017-04-03.pdf,1 | RentReviewAdvisoryCommittee | 2017-04-03 | 1 | Approved Minutes April 3, 2017 Minutes of the Regular Meeting of the Rent Review Advisory Committee Monday, April 3, 2017 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:31 p.m. Present were: Chair: Sullivan-Sarinana; Vice-Chair: Landess; Members Cambra and Griffiths Absent: Member Friedman RRAC Staff: Jennifer Kauffman City Attorney Staff: John Le 2. AGENDA CHANGES a. Staff recommended addressing item 7-P first, as only the tenant for this unit was present. Motion and second (Landess and Griffiths) Unanimous approval. 3. STAFF ANNOUNCEMENTS a. Staff welcomed newly appointed Committee member Jeff Cambra. b. Staff stated that City Council will meet April 4, 2017 to review Rent Program staff's annual report and consider amendments to Ordinance no. 3148. c. Staff explained the schedule for the evening, noting where to find the meeting agenda and procedures for public comment. 4. PUBLIC COMMENT, NON-AGENDA, NO.1 a. Angie Watson-Hajjem of ECHO Housing spoke about ECHO's fair housing and tenant- landlord mediation services. 5. CONSENT CALENDAR a. Approval of the Minutes from the January 24, 2017 Special Meeting. Motion and second to continue this item to a future Committee meeting when three Committee members who attended the January 24th meeting are present. (Sullivan-Sariñana and Landess) Unanimous approval. b. Approval of the Minutes from the February 22, 2017 Regular Meeting. Motion and second (Griffiths and Sullivan-Sariñana) Unanimous approval. c. Approval of the Minutes from the March 6, 2017 Regular Meeting. Motion and second to continue this item to a future Committee meeting when three Committee members who attended the March 6th meeting are present. (Sullivan-Sariñana and Landess) Unanimous approval. Page 1 of 7 | RentReviewAdvisoryCommittee/2017-04-03.pdf |
RentReviewAdvisoryCommittee/2017-04-03.pdf,6 | RentReviewAdvisoryCommittee | 2017-04-03 | 6 | Approved Minutes April 3, 2017 No Committee review. The tenant did not attend the meeting. Hence, the Committee took no action and the rent increase for either option is effective as of the effective date in the rent increase notice. 7-N. CASE 789 - 300 Westline Drive, Unit A110 Proposed Rent Increases: 12-month lease - $86.00 (4.9%); No review Month-to-month agreement - $561.00 (32.4.0%); Under review Effective date: May 1, 2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase between 0-5%. 7-O. CASE 799 - 937 Shorepoint Court, Unit G309 Tenant: Absent Landlord: Katie Edwards, Prometheus Real Estate Group, Inc. Proposed Rent Increases: 12-month lease - $89.00 (4.7%); No review Month-to-month agreement - $620.00 (32.8%); Under review Effective date: May 1, 2017 No Committee review. The tenant did not attend the meeting. Hence, the Committee took no action and the rent increase for either option is effective as of the effective date in the rent increase notice. 7-Q. CASE 804 - 215 Hudson Bay a. Case postponed one month to the May 1, 2017 Committee meeting. 8. PUBLIC COMMENT, NON-AGENDA, NO. 2. a. Speaker Robert Schrader explained his experience as a Committee Member and his reasons for resigning from the Committee. 9. MATTERS INITIATED a. Vice-Chair Landess requested a discussion at the meeting of non-binding case reviews and tenant absences for agenized rent increase. b. Chair Sullivan-Sarinana requested input from other Committee members for the Committee's recommendations to City Council at the April 4, 2017 meeting. Staff clarified that input must be limited to clarifying items and not a full discussion of the matters as the matter was not agendized. Per the Chair's request, staff provided information on the schedule for Ordinance amendments to be approved by the City Council. Page 6 of 7 | RentReviewAdvisoryCommittee/2017-04-03.pdf |
RentReviewAdvisoryCommittee/2017-04-03.pdf,5 | RentReviewAdvisoryCommittee | 2017-04-03 | 5 | Approved Minutes April 3, 2017 Proposed Rent Increase: $1, 100.00 (84.6%), effective May 1, 2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase above 10%. 7-J. CASE 790 - 937 Shorepoint Court, Unit G313 Tenant: Absent Landlord: Katie Edwards, Prometheus Real Estate Group, Inc. Proposed Rent Increases: 12-month lease - $80.00 (4.9%); No review Month-to-month agreement - $586.00 (36.5%); Under review Effective date: April 16, 2017 No Committee review. The tenant did not attend the meeting. Hence, the Committee took no action and the rent increase for either option is effective as of the effective date in the rent increase notice. 7-K. CASE 792 - 915 Shorepoint Court, Unit E135 Proposed Rent Increases: 12-month lease - $132.00 (4.9%); No review Month-to-month agreement - $758.00 (28.7%); Under review Effective date: May 1,2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase between 0-5%. 7-L. CASE 794 - 915 Shorepoint Court, Unit E117 Proposed Rent Increases: 12-month lease - $83.00 (4.9%); No review Month-to-month agreement - $526.00 (31.4%); Under review Effective date: May 1, 2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase between 0-5%. 7-M. CASE 796 - 310 Shorepoint Court, Unit B110 Tenant: Absent Landlord: Katie Edwards, Prometheus Real Estate Group, Inc. Proposed Rent Increases: 12-month lease - $91.00 (4.9%); No review Month-to-month agreement - $607.00 (32.9%); Under review Effective date: April 29, 2017 Page 5 of 7 | RentReviewAdvisoryCommittee/2017-04-03.pdf |
RentReviewAdvisoryCommittee/2017-04-03.pdf,4 | RentReviewAdvisoryCommittee | 2017-04-03 | 4 | Approved Minutes April 3, 2017 Proposed Rent Increases: 12-month lease - $22.00 (1.1%); No review Month-to-month agreement - $688.00 (33.0%); Under review Effective date: April 30, 2017 No Committee review. The tenant did not attend the meeting. Hence, the Committee took no action and the rent increase for either option is effective as of the effective date in the rent increase notice. 7-E. CASE 774 - 909 Shorepoint Court, Unit D303 Proposed Rent Increases: 12-month lease - $68.00 (1.9%); No review Month-to-month agreement - $677.00 (19.2.0%); Under review Effective date: April 14, 2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase between 0-5%. 7-F. CASE 779 - 941 Shorepoint Court, Unit F214 Proposed Rent Increases: 12-month lease - $54.00 (1.9%); No review Month-to-month agreement - $627.00 (22.2%); Under review Effective date: April 20, 2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase between 0-5%. 7-G. CASE 780 - 941 Shorepoint Court, Unit F321 Proposed Rent Increases: 12-month lease - $92.00 (4.7%); No review Month-to-month agreement - $602.00 (30.8%); Under review Effective date: April 28, 2017 No Committee review. Prior to the RRAC meeting, the tenant provided written documentation to the landlord that they will vacate the unit. 7-H. CASE 781 - 941 Shorepoint Court, Unit F323 Proposed Rent Increases: 12-month lease - $46.00 (1.9%); No review Month-to-month agreement - $594.00 (25.0%); Under review Effective date: April 26, 2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase between 0-5%. 7-I. CASE 788 - 1921 Willow St. Page 4 of 7 | RentReviewAdvisoryCommittee/2017-04-03.pdf |
RentReviewAdvisoryCommittee/2017-04-03.pdf,3 | RentReviewAdvisoryCommittee | 2017-04-03 | 3 | Approved Minutes April 3, 2017 Proposed Rent Increases: 12-month lease - $72.00 (3.1%); No review Month-to-month agreement - $620.00 (26.9%); Under review Effective date: April 15, 2017 Ms. Edwards explained that often tenants with rent increases scheduled for the Committee's review do not attend the Committee meeting because the plan to accept the less than 5%, 12-month option, but have not yet signed the lease. She stated that many tenants choose to negotiate privately with property managers closer to their renewal date. No Committee review. The tenant did not attend the meeting. Hence, the Committee took no action and the rent increase for either option is effective as of the effective date in the rent increase notice. 7-B. CASE 769 - 909 Shorepoint Court, Unit D110 Tenant: Absent Landlord: Katie Edwards, Prometheus Real Estate Group, Inc. Proposed Rent Increases: 12-month lease - $96.00 (4.9%); No review Month-to-month agreement - $618.00 (31.9%); Under review Effective date: April 29, 2017 No Committee review. The tenant did not attend the meeting. Hence, the Committee took no action and the rent increase for either option is effective as of the effective date in the rent increase notice. 7-C. CASE 771 - 909 Shorepoint Court, Unit D210 Tenant: Absent Landlord: Katie Edwards, Prometheus Real Estate Group, Inc. Proposed Rent Increases: 12-month lease - $98.00 (4.5%); No review Month-to-month agreement - $598.00 (30.5%); Under review Effective date: April 8, 2017 No Committee review. The tenant did not attend the meeting. Hence, the Committee took no action and the rent increase for either option is effective as of the effective date in the rent increase notice. 7-D. CASE 772 - 909 Shorepoint Court, Unit D226 Tenant: Absent Landlord: Katie Edwards, Prometheus Real Estate Group, Inc. Page 3 of 7 | RentReviewAdvisoryCommittee/2017-04-03.pdf |
RentReviewAdvisoryCommittee/2017-04-03.pdf,7 | RentReviewAdvisoryCommittee | 2017-04-03 | 7 | Approved Minutes April 3, 2017 c. Chair Sullivan-Sariñana requested a discussion of the coming vacancies on the Committee for the next agenda. 10. ADJOURNMENT The meeting was unanimously adjourned at 7:48 p.m. Respectfully submitted, RRAC Secretary Jennifer Kauffman Approved by the Rent Review Advisory Committee on June 5, 2017. Page 7 of 7 | RentReviewAdvisoryCommittee/2017-04-03.pdf |
RentReviewAdvisoryCommittee/2018-08-20.pdf,5 | RentReviewAdvisoryCommittee | 2018-08-20 | 5 | Approved Minutes August 20, 2018 Member Murray asked if tenants submitted losses and expenses to the landlord and Mr. Larson said he did. Ms. Zhu said she thought it was unfair that the landlords seemed to want to retrieve the rent credits they had been paid as compensation for the construction and related mishaps. Mr. St. John denied that this was the reason for the present increases, and said the current increases were for work that was yet to be done on the property. Vice Chair Murray asked the landlords what the tenant complaint process looked like. Ms. Leonard described the process. Member Sullivan-Cheah asked the tenants how much of their household income goes toward rent and the tenants declined to answer. The parties took a seat and the members deliberated. Member Griffiths suggested a $100.17 increase for the phase-in CAPX. Motion and second for a $100 (6.3%) increase starting October 1, 2018 (Member Griffiths and Member Sullivan-Cheah). Motion passed 5-0. 7-C. CASE 1086 - 2485 Shoreline Dr., Apt. 222 The Committee voted to postpone this agenda item to a future date. 7-D. CASE 1087 - 2485 Shoreline Dr., Apt. 111 The Committee voted to postpone this agenda item to a future date. 7-E. CASE 1089 - 2485 Shoreline Dr., Apt. 306 The Committee voted to postpone this agenda item to a future date. 7-F. CASE 1095 - 2485 Shoreline Dr., Apt. 215 The Committee voted to postpone this agenda item to a future date. 7-G. CASE 1099 - 2485 Shoreline Dr., Apt. 313 The Committee voted to postpone this agenda item to a future date. 7-H. CASE 1100 - 2485 Shoreline Dr., Apt. 109 The Committee voted to postpone this agenda item to a future date. 7-I. CASE 1101 - 2485 Shoreline Dr., Apt. 209 Page 5 of 6 | RentReviewAdvisoryCommittee/2018-08-20.pdf |
RentReviewAdvisoryCommittee/2018-08-20.pdf,1 | RentReviewAdvisoryCommittee | 2018-08-20 | 1 | Approved Minutes August 20, 2018 Minutes of a Special Meeting of the Rent Review Advisory Committee Monday August 20, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:38 P.M. Present were: Chair Cambra; Vice Chair Murray (arrived at 6:48pm); Members Friedman, Sullivan-Cheah, and Griffiths Absent: None Program staff: Grant Eshoo, Gregory Kats City Attorney staff: John Le 2. AGENDA CHANGES a. Staff called roll of parties present for the agendized cases. All tenants were present at roll call except the tenant for Agenda Item 7-D. Item 7-D was moved to the end of New Business. 3. STAFF ANNOUNCEMENTS a. None. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 a. None. 5. CONSENT CALENDAR a. Motion and second to table the vote on approval of the July 23, 2018 minutes (Member Friedman and Chair Cambra). Passed 4-0 (Member Murray not yet present). 6. UNFINSHED BUSINESS a. None. 7. NEW BUSINESS 7-A. CASE 1077 - 2485 Shoreline Dr., Apt. 217 Tenants: Erika Cavallone & Fabrizio Benin Landlords: Randall Kessler, Michael St. John, Andrew Fisher Proposed rent increase: $208.22, effective October 1, 2018, from a base rent of $1,695.00 to a total rent of $1,903.22 Mr. St. John stated that the owners had done major renovation of the building from 2013- 2018. He said the hard and soft costs amounted to $2.87 million. He added that the total cost including financing was $4.96 million. During the project, he said, the owners had to forgo rent payments and rent increases, and suffered vacancy losses to allow the Page 1 of 6 | RentReviewAdvisoryCommittee/2018-08-20.pdf |
RentReviewAdvisoryCommittee/2018-08-20.pdf,6 | RentReviewAdvisoryCommittee | 2018-08-20 | 6 | Approved Minutes August 20, 2018 The Committee voted to postpone this agenda item to a future date. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO. 2. a. None. 9. MATTERS INITIATED Member Sullivan-Cheah stated that he found being timekeeper to be distracting from concentrating on the cases. He asked if another Committee member or staff could take on the role of timekeeper. Staff replied that staff could be timekeeper again, and reminded the Committee that staff had previously been timekeeper and each time staff would inform the Committee that a time limit had passed, the Committee members would give themselves extensions. Vice Chair Murray suggested that, at the beginning of each meeting the members choose a timekeeper, and the members share the responsibility. Member Friedman requested a discussion item be placed on the agenda of the next regularly scheduled meeting for the members to discuss amending the bylaws to include a per-case time limit. 10.ADJOURNMENT The meeting adjourned at 9:50 p.m. Respectfully Submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on November 7, 2018 Page 6 of 6 | RentReviewAdvisoryCommittee/2018-08-20.pdf |
RentReviewAdvisoryCommittee/2018-08-20.pdf,3 | RentReviewAdvisoryCommittee | 2018-08-20 | 3 | Approved Minutes August 20, 2018 The landlords presented the Committee with photos of the property. Member Sullivan- Cheah asked staff if the photos submitted would be included in an updated agenda. Staff clarified that the agenda for tonight would be unchanged, but that copies of the photos submitted may be requested through a Public Records Act request. Mr. St. John said that many tenants had expressed concerns (in their RP-01 submissions) that no work was done to the inside of their units. He said much of the work was "invisible" - e.g., retrofitting, structural upgrades, dry rot remedied, seismic upgrades. Chair Cambra asked if the landlords informed the tenants during the years of work that the costs for the work would be passed on to them in the form of rent increases. The landlords responded that the tenants were not informed. Member Friedman asked why the landlords were asking for the tenants to pay for the costs of the work in the first year or years. Mr. Fisher replied that they were not, and the total costs would be spread out over a longer period of time. Ms. Cavallone stated that she believed a total rent of $1,779 was reasonable, because it was a 5% increase. Chair Cambra asked that the tenants provide a numerical value of an increase amount they thought was reasonable and Ms. Cavallone said she thought a $40 increase was reasonable. Chair Cambra asked the landlords if they learned anything during the hearing that would entice them to compromise on the amount of the increase, and Mr. St. John said no. He added that when tenants were inconvenienced during the construction, such as being temporarily relocated, the landlords paid for their temporary relocation. The members discussed their thoughts on the items the parties shared and asked the parties to take a seat before they began the decision-making phase of the hearing. Vice Chair Murray explained the importance of landlords keeping properties in good condition, such as by the seismic retrofitting that the landlords did at this property. Member Sul… | RentReviewAdvisoryCommittee/2018-08-20.pdf |
RentReviewAdvisoryCommittee/2018-08-20.pdf,4 | RentReviewAdvisoryCommittee | 2018-08-20 | 4 | Approved Minutes August 20, 2018 Vice Chair Murray proposed a $127.12 (7.5%) increase, stating that would best balance the interests of the landlords with the financial hardship of the tenants. Member Griffiths said he was open to either a $100 or $127.12 increase. Chair Cambra suggested a $120 increase. Member Friedman suggested a $112 increase. Motion and second for an increase of $125 (7.4%) (Member Sullivan-Cheah and Vice Chair Murray). Motion passed 4-1, with Member Friedman voting against it. 7-B. CASE 1083 - 2485 Shoreline Dr., Apt. 311 Tenants: Timothy Larson & Mengxia (Judy) Zhu Landlords: Randall Kessler, Michael St. John, Andrew Fisher, Johanna Leonard Proposed rent increase: $309.06, effective October 1, 2018 Mr. Larson said that they disagreed with the rent increases offered and did not believe any increase was warranted, as the tenants were still recovering from their losses during the preceding years of construction. He said that during construction the roof leaked large amounts of water into their unit, destroyed their property, and created mold in the unit. He said that the landlords temporarily housed them off-site, into an unsanitary motel infested with fleas, for three months while work was being done to restore the unit. He went on to add that upon moving back into the unit, the movers broke some of their property and they were not reimbursed for all of it, and the mold in the unit was not remedied. He stated that additional repairs were not effective at remedying a myriad of problems at the property. Ms. Leonard explained the temporary move to a motel from the perspective of the management. She said tenants who did not have access to their balconies were given a rent credit during the construction on the property. She took the position that management had already reimbursed tenants or gave them rent credits during the inconveniences caused by the construction. Chair Cambra asked if the landlords learned anything new. Mr. St. John said he did not as he had read the tenant's response. He said … | RentReviewAdvisoryCommittee/2018-08-20.pdf |
RentReviewAdvisoryCommittee/2018-08-20.pdf,2 | RentReviewAdvisoryCommittee | 2018-08-20 | 2 | Approved Minutes August 20, 2018 construction to go forward. Including these additional costs, he added, the total cost was $5.4 million. He clarified that the current rent increase requests only took into consideration the $2.87 million in hard and soft costs. He said the project did not qualify for the City's Capital Improvement Plan (CIP) process because the work started prior to the date allowed under the City's CIP resolution. However, he continued, using the CIP plan would have allowed for an increase of $483 per unit, per month, while the increases the landlord was requesting were less than this. He explained that the landlords offered most of the tenants either a "phase-in" or a "one- time" increase option, and explained the differences between and reasons for the two options. He said that the one-time increase front-ends the costs, while the phase-in apportions the costs over several years. Mr. Kessler added that a seismic upgrade began in 2013, and no increases had been given since 2014. Member Friedman reflected back and clarified some of the landlord's figures. The landlords confirmed that increases for tenants who arrived before 2015 have some portion of CAPX improvements calculated into the increase amounts, and tenants who have been in place since before 2013 are being asked to pay 100% of the total CAPX costs. Ms. Cavallone asked if this hearing was for this year's increase only. Vice Chair Murray explained the RRAC's ability to make a decision regarding an increase can only be for an increase of one year. Ms. Cavallone said she was only comfortable making an agreement for one year. She said she works as a researcher at UCSF and her husband works as an Uber driver. She said her income was relatively fixed, and her husband had a history of multiple hospitalizations, which rendered them living on one income for a period of time. She said the increase request posed a financial hardship for them. She added that they were not happy with their living situation and she believed upper management (Berger E… | RentReviewAdvisoryCommittee/2018-08-20.pdf |
RentReviewAdvisoryCommittee/2018-08-29.pdf,3 | RentReviewAdvisoryCommittee | 2018-08-29 | 3 | Approved Minutes August 29, 2018 Member Friedman asked the landlords what portion of the proposed increases could have been recovered through the City's Capital Improvement Plan (CIP). Mr. St. John stated that he believes most of it could have been included. He spoke about what increase he thinks the landlords could be entitled to under a fair rate of return analysis. Member Friedman asked the landlords how much the total operating expenses for running the building were. St. John provided a response. Vice Chair Murray asked Ms. Harakat what effect the increase would have on her. Ms. Harakat replied that she would have to find another job to pay for it, because she did not want to leave Alameda. Ms. Harakat asked if the increase they're being asked to pay also included costs of repairing or upgrading other units. Mr. St. John said that the CIP expenses were being divided equally among the units at the property. Ms. Harakat continued to express concern that she would be paying for part of the work done to make units nicer than hers nicer still. Mr. St. John replied that it's not feasible to allocate costs different for each unit, even when for example, some units may benefit more from the seismic upgrades than others, and each unit was being asked to pay an equal share. Chair Cambra asked if it was correct that the landlords did not want to negotiate on the amounts of the increase. Mr. St. John said that said their increase requests already took hardship on the tenants into account. The parties took their seats and the Committee deliberated. Member Sullivan-Cheah stated he did not think it was reasonable to have an increase that would require the tenants to have to get a second job. Vice Chair Murray said that the amount of money the tenants would have to make to pay the increase did not seem excessive to her. She said she thought $50 was too small an amount to increase the rent considering the expenditures made by the landlords, and that the $132.53 increase proposed by the landlords seemed reasonable. Chair Cambr… | RentReviewAdvisoryCommittee/2018-08-29.pdf |
RentReviewAdvisoryCommittee/2018-08-29.pdf,2 | RentReviewAdvisoryCommittee | 2018-08-29 | 2 | Approved Minutes August 29, 2018 Member Friedman said that he requested the landlords provide additional information on how they calculated fair rate of return at the last meeting, but the landlords' letter did not provide this. Chair Cambra noted that the RRAC process is different than most other cities' process for holding hearings and evaluating rent increases. 6-A. CASE 1086 - 2485 Shoreline Dr., Apt. 222 Tenant: Jamila Harakat Landlords: Joanna Leonard, Randall Kessler, Michael St. John, Andrew Fisher Proposed rent increase: $310.64, effective October 1, 2018, from a base rent of $1,395.00 to a total rent of $1,705.64. Ms. Harakat said she and her husband moved to Tropic Sands in 2011 and received increases in 2012 and 2013. She said her husband was injured at that time and could not work. She said that when construction on the apartments started her husband got sick and discovered he was allergic to dust. To aid his healing, they left the country during the construction that began in 2015 so he would not be exposed to the construction dust. She said he works part-time now, and their income is limited. She said she works full- time in a shoe store in Alameda, and the proposed increase posed a financial hardship. She added that their apartment required maintenance, and their maintenance concerns have not been addressed. She said there is mold in the unit which she believes is causing a reaction in her eyes. She said that Darren, former maintenance staff, had come into their unit without permission twice. She said they could afford an increase of $50. Vice Chair Murray reflected back Ms. Harakat's concerns and clarified that the tenants paid six months' rent up front while they were out of the country during the construction. The landlords stated that the construction ended in 2017 and lasted about 1.5 years. Mr. St. John passed out notes to the RRAC members responding to Ms. Harakat's Form RP- 01, clarifying that the carpet was new when she moved in, even though she said there was a stain on it. Member Sulliv… | RentReviewAdvisoryCommittee/2018-08-29.pdf |
RentReviewAdvisoryCommittee/2018-08-29.pdf,6 | RentReviewAdvisoryCommittee | 2018-08-29 | 6 | Approved Minutes August 29, 2018 Member Friedman said that the landlords did their best to come up with amounts that work for them, and that the Committee should try to keep the tenants happy with their housing, given the history of poor service expressed by many tenants. He said he would support a motion in the range being discussed. Motion and second for an increase of $95 (Member Sullivan-Cheah and Member Friedman). Motion passed 3-1, with Chair Cambra opposed. Chair Cambra expressed confusion of the amount being voted on. Motion and second to reconsider previous motion (Member Sullivan-Cheah and Vice Chair Murray). Motion passed 4-0. Motion and second for a $95 (6.4%) increase (Member Sullivan-Cheah and Vice Chair Murray). Motion passed 4-0. 6-C. CASE 1089 - 2485 Shoreline Dr., Apt. 306 Tenant: Elizabeth Anderman and Alan Anderman Landlords: Joanna Leonard, Randall Kessler, Michael St. John, Andrew Fisher Proposed rent increase: $327.84, effective October 1, 2018, from a base rent of $1,395.00 to a total rent of $1,722.84. Ms. Anderman stated that she misread Form RP-01 and thought the form was asking for the median rent, not that maximum amount that she can pay personally. She said that $1,450 is the most rent she can afford. She said she lived at the property since 2012 and said she is a single mother with multiple emotional or psychological disabilities. She said she felt sexually harassed when a management worker entered her apartment without authorization. She said the same worker made inappropriate comments about her breasts and about her minor son's sexual orientation. She said she made complaints to management many times starting in 2015 about his behavior and they did nothing to address her complaints and concerns. She said the construction workers woke her up frequently, as early as 6:00am, working on the roof. She said management had her car towed the day before Christmas Eve one year, and it cost her $800 to retrieve it. She concluded that management's lack of respect has made her disinclined to w… | RentReviewAdvisoryCommittee/2018-08-29.pdf |
RentReviewAdvisoryCommittee/2018-08-29.pdf,5 | RentReviewAdvisoryCommittee | 2018-08-29 | 5 | Approved Minutes August 29, 2018 Member Sullivan-Cheah and Vice Chair Murray reflected back Ms. Walters' points. She added that during a time when she was healing from a car accident a neighbor above her made a lot of noise that disturbed her as she was medicated and trying to heal. Mr. Kessler confirmed that the owners had obtained a loan for the property on which they were paying interest. He said his family acquired the property in the late 1970's. Mr. St. John stated that Ms. Walters had rent credits in the amount of about $10,000 during the construction to alleviate the burdens the construction caused. Ms. Walters said she thought the rent she was paying was still excessive given how hard it was to live in her apartment. Mr. St. John gave the Committee members a document rebutting the concerns the tenant raised in her Form RP-01. Ms. Leonard summarized the document. Ms. Walters said she thought an increase of about 5%, to about $1,575 from $1,495, would be reasonable. She said she would love to have some things in her apartment attended to, such as on her balcony and in her bathtub. Chair Cambra again asked Mr. St. John if he was willing to compromise on the amount of the increase and Mr. St. John again said no. Mr. St. John reiterated that the landlords already made compromises in coming to the increase amounts that they did. Member Sullivan-Cheah said that he looks at cases individually, and does not set out to make compromises uniformly across all cases. Chair Cambra said the Committee makes efforts to express a rationale for their decisions to ensure that parties do not think the decisions are arbitrary. The parties took their seats and the Committee members deliberated. Member Sullivan-Cheah requested clarity from the other members about how landlords calculate increases and compensation during renovations. He said that he acknowledged that Ms. Walters said she would be able to afford a modest increase if she took on additional shifts at her work. Chair Cambra said he thought the CAPX amount ($93.89) pr… | RentReviewAdvisoryCommittee/2018-08-29.pdf |
RentReviewAdvisoryCommittee/2018-08-29.pdf,8 | RentReviewAdvisoryCommittee | 2018-08-29 | 8 | Approved Minutes August 29, 2018 Members deliberated again. Motion and second for an increase of $90 (Chair Cambra and Vice Chair Murray). Motion passed 4-0. 6-D. CASE 1095 - 2485 Shoreline Dr., Apt. 215 Tenant: Revik Dillon Landlords: Joanna Leonard, Randall Kessler, Michael St. John, Andrew Fisher Proposed rent increase: $320.19, effective October 1, 2018, from a base rent of $1,350.00 to a total rent of $1,670.19. Ms. Dillon said she is a fourth generation Bay Area native who has lived in this apartment since 2009. She said she felt the increase was too large. She said she is going through a divorce, and used to own her own home and rent an in-law unit so understood being a landlord as well as a tenant. She said she has no problem with her unit or the management, but felt she could only afford an increase of $50 at this point in time. She said she would probably be able to afford a larger increase next year. Mr. St. John said he thinks the Committee's focus on CAPX only while leaving out cost of living increases is unfair to the landlords. Member Sullivan-Cheah asked what percentage of her income the rent was, and she declined to answer. Vice Chair Murray asked what she did for a living, and she said she is a behavioral consultant, and works part-time for Amazon. The parties took a seat and the Committee began deliberations. Motion and second for a $90 increase (Member Friedman and Chair Cambra). Motion passed 4-0. 7. NEW BUSINESS No new business. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO. 2. a. None. 9. MATTERS INITIATED None. 5. CONSENT CALENDAR Page 8 of 9 | RentReviewAdvisoryCommittee/2018-08-29.pdf |
RentReviewAdvisoryCommittee/2018-08-29.pdf,1 | RentReviewAdvisoryCommittee | 2018-08-29 | 1 | Approved Minutes August 29, 2018 Minutes of a Special Meeting of the Rent Review Advisory Committee Monday August 29, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:30 P.M. Present were: Chair Cambra; Vice Chair Murray; Members Friedman and Sullivan-Cheah Absent: Member Griffiths Program staff: Grant Eshoo, Gregory Kats City Attorney staff: Michael Roush 2. AGENDA CHANGES a. The Committee agreed to move the Consent Calendar item (Agenda Item 5-A) to the end of the agenda. 3. STAFF ANNOUNCEMENTS a. None. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 a. None. 5. CONSENT CALENDAR a. Approval of the minutes of the July 23, 2018 Special Meeting - moved to end of the agenda. 6. UNFINSHED BUSINESS Chair Cambra asked for the Committee to discuss a letter the landlords had sent since the last (August 20, 2018) meeting providing feedback on the Committee's rent review process. Member Sullivan-Cheah said that the RRAC is not a legislative body, is bound by the requirements of the Ordinance, and members do their best to be fair. Vice Chair Murray said she appreciated the letter and the concerns it expressed. Regarding mediation, she said, the Housing Authority offered it prior to Committee hearings, as the Alameda community desired that parties try to reach agreements to housing issues voluntarily. She added that there's an inherent tension in the Ordinance's attempt to shift the balance of the common law's bias toward the landlord to make it fairer to the tenant, and the Committee's role is also to try to do this. She said if parties had concerns regarding the operation of law, they should bring up their concerns to the relevant legislative body that makes those laws. Page 1 of 9 | RentReviewAdvisoryCommittee/2018-08-29.pdf |
RentReviewAdvisoryCommittee/2018-08-29.pdf,7 | RentReviewAdvisoryCommittee | 2018-08-29 | 7 | Approved Minutes August 29, 2018 Ms. Leonard said she investigated Ms. Anderman's claim of harassment and the employee denied the allegation. She said they obtained another maintenance person to attend to maintenance in Ms. Anderman's unit which helped take care of the problem until recently. Ms. Leonard said that employee, Darren, resigned recently. She said they changed Ms. Anderman's lock immediately after he illegally entered her apartment. Ms. Anderman said she has an income of $1,200 per month from a new job as an office manager of a startup in Alameda, and pays her parents between $500-$700 for rent when she can, and her father writes the rent checks to management each month. She said in addition to developing Alzheimer's, her mom recently had a stroke. She said her father said the increase was excessive but her current rent was below the market average, although they have not had an in-depth discussion about the increase. She said her parents are both retired and on a fixed income from social security and a pension. She said they had to sell their house and are renting an apartment, and are looking for assisted living options. The parties took a seat and the Committee deliberated. Member Friedman said he was ready to approve a $75 increase. Vice Chair Murray and Member Sullivan-Cheah acknowledged that having a cosigner on the lease should be considered, although having limited information on their ability to pay makes it a tricky matter to deliberate. Vice Chair Murray suggested an increase between $90 and $110. Chair Cambra acknowledged the stress having a management employee harassing her, and agreed that having a cosigner on the lease was relevant in the deliberation and wondered how much of a hardship an increase would affect the parents. Member Sullivan-Cheah said his range would be between $75 and $90. He said the letter the tenant wrote was difficult for him to review, but wasn't sure how to factor it into the rent increase. Member Friedman said the condition of the apartment in the past and manage… | RentReviewAdvisoryCommittee/2018-08-29.pdf |
RentReviewAdvisoryCommittee/2018-08-29.pdf,9 | RentReviewAdvisoryCommittee | 2018-08-29 | 9 | Approved Minutes August 29, 2018 a. Motion and second to approve the minutes of the July 23, 2018 Special Meeting (Member Friedman and Chair Cambra). Motion passed 4-0. 10.ADJOURNMENT The meeting adjourned at 9:44 p.m. Respectfully Submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on November 7, 2018 Page 9 of 9 | RentReviewAdvisoryCommittee/2018-08-29.pdf |
RentReviewAdvisoryCommittee/2018-08-29.pdf,4 | RentReviewAdvisoryCommittee | 2018-08-29 | 4 | Approved Minutes August 29, 2018 for his family, as they are considered low-income in this community. He said that part of the purpose of the Ordinance was meant to keep low-income people in the community. He said $100 would be the maximum amount of increase he would support, acknowledging that the landlords could come back next year and request another increase. Vice Chair Murray responded that she did not mean to say that amount was an insubstantial amount of money, and added that the landlords also had expenses. She said, for example, that as a landlord she has heavy debts to keep her properties running that constrain her income. She said the Ordinance also asks the Committee to balance both sides' interests. She proposed a $100 per month increase. Chair Cambra said he was a little uncomfortable with a $100 increase, and would want it to be a little less to give the tenants time to adjust. Motion and second for a $100 increase (Vice Chair Murray and Member Sullivan-Cheah). Motion failed 2-2. Motion and second for a $90 (6.5%) increase (Member Sullivan-Cheah and Chair Cambra). Motion passed 4-0. 6-B. CASE 1087 - 2485 Shoreline Dr., Apt. 111 Tenant: Karen Walters Landlords: Joanna Leonard, Randall Kessler, Michael St. John, Andrew Fisher Proposed rent increase: $337.06, effective October 1, 2018, from a base rent of $1,495.00 to a total rent of $1,832.06. Ms. Walters said she paid rent throughout the construction project, although for a couple months she paid $200 less as compensation for the inconveniences caused by the work. She said she works part-time, in the evening, and does not get home until 10:00 p.m. or midnight and the construction workers would start working as early as 6:30 a.m. to 7:30 a.m. and would wake her up when she needed sleep. She added that the workers would "gawk" into her apartment and she doesn't feel any increase is warranted. She said she's lived in Alameda most of her life and moving out of the city would be a hardship for her. She said she's on a fixed income combined of social secu… | RentReviewAdvisoryCommittee/2018-08-29.pdf |
RentReviewAdvisoryCommittee/2018-08-30.pdf,7 | RentReviewAdvisoryCommittee | 2018-08-30 | 7 | Approved Minutes August 30, 2018 9. MATTERS INITIATED Member Griffiths said that the Committee spent 40 minutes deliberating on the last cases, which he found unacceptable time management. He said he would like to set a time for discussion about time limits. Staff informed the Committee that a discussion regarding amending the Committee bylaws would be on the agenda at an upcoming meeting. 10.ADJOURNMENT The meeting adjourned at 9:31 p.m. Respectfully Submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on November 7, 2018 Page 7 of 7 | RentReviewAdvisoryCommittee/2018-08-30.pdf |
RentReviewAdvisoryCommittee/2018-08-30.pdf,1 | RentReviewAdvisoryCommittee | 2018-08-30 | 1 | Approved Minutes August 30, 2018 Minutes of a Special Meeting of the Rent Review Advisory Committee Monday August 30, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:30 P.M. Present were: Chair Cambra; Vice Chair Murray; Members Friedman, Griffiths, and Sullivan-Cheah Absent: None Program staff: Grant Eshoo, Gregory Kats City Attorney staff: Michael Roush 2. AGENDA CHANGES a. None. 3. STAFF ANNOUNCEMENTS a. None. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 a. None. 5. CONSENT CALENDAR a. None. 6. UNFINSHED BUSINESS 6-A. CASE 1099 - 2485 Shoreline Dr., Apt. 313 Tenant: Joseph Moran Landlords: Joanna Leonard, Randall Kessler, Michael St. John, Andrew Fisher Proposed rent increase: $354.19, effective October 1, 2018, from a base rent of $1,550.00 to a total rent of $1,904.19. Mr. St. John opened by commenting that the word "hardship" was being used during the Committee hearings in two senses - first in the sense that Ordinance 3148 discusses financial hardship, and second, some tenants are claiming that the construction at the property has imposed a hardship. City Attorney staff said that the Committee may take into consideration a number of factors, noting that "including, but not limited to" are the words in the Ordinance. He added that the Ordinance states that an increase or decrease in housing services may be considered specifically. Page 1 of 7 | RentReviewAdvisoryCommittee/2018-08-30.pdf |
RentReviewAdvisoryCommittee/2018-08-30.pdf,5 | RentReviewAdvisoryCommittee | 2018-08-30 | 5 | Approved Minutes August 30, 2018 Mr. Kessler said he would be talking with Ms. Leonard to address their health and security concerns. The landlords and tenants discussed how to make proper work order requests, e.g., through email to management. Vice Chair Murray asked Mr. and Ms. Bouderka about their income. Mr. Bouderka said he is studying music at Laney College and does not plan on having income for at least the next year. Ms. Bouderka said she is gainfully employed. Vice Chair Murray asked if the increase would be a financial hardship and Ms. Bouderka said the $142.03 being proposed by the landlord's would be a hardship and she would have to cut back on groceries. Member Friedman asked the tenants how much of an increase they could afford, and how much they think is fair considering the issues they've raised. Ms. Bouderka said she believes a $50 increase for this year would be reasonable. She said she wrote in her response that an increase of $100 was what she thought was fair, but clarified she only thought that would be fair if the rent stayed at that rate for a period of three years, as previously the landlords would raise their rents only once every three years. Vice Chair Murray asked the landlords if asbestos was present at the property. Ms. Leonard said she did not think there was because they've passed the City's inspections. Ms. Bouderka said there was an asbestos warning posted in the unit. Ms. Leonard said there were popcorn ceilings in the building, which were removed by Synergy Environmental, a professional, certified environmental contractor that is qualified to remove asbestos. Member Sullivan-Cheah asked about the tenants' financial situation. The tenants replied they had new expenses, such as a car payment, and had concerns about keeping up with the cost of living in the area. Ms. Bouderka said living at the property had been stressful, as the apartments were having so many issues with mold, asbestos, security, loss of view, and abrasive letters from the landlords. Vice Chair Murray asked what… | RentReviewAdvisoryCommittee/2018-08-30.pdf |
RentReviewAdvisoryCommittee/2018-08-30.pdf,3 | RentReviewAdvisoryCommittee | 2018-08-30 | 3 | Approved Minutes August 30, 2018 Mr. St. John offered a one-time increase to $1,695, not part of the phase-in. Mr. Moran accepted and the Committee dismissed the case without having to come to a decision. 6-B. CASE 1100 - 2485 Shoreline Dr., Apt. 109 Tenant: Michael Scalisi Landlords: Joanna Leonard, Randall Kessler, Michael St. John, Andrew Fisher Proposed rent increase: $310.83, effective October 1, 2018, from a base rent of $1,295.00 to a total rent of $1,605.83. Michael Scalisi said that he reviewed the management's increase offers but found them unsatisfactory. He said he had a health limitation that has limited his ability to earn income that he did not want to discuss in a public forum. He said the construction at the property resulted in a partial obstruction of his view of San Francisco and his unit was noticeably warmer. He said he's had a difficult time financially this year and had just stabilized a couple weeks ago. The Committee members helped clarify their role and limitations regarding multi-year lease agreements, and assured the parties that the tenant would have to be noticed each year and each year would have the right to RRAC review, automatically for increases over 5%, and optionally for increases of 5% or less. Member Griffiths told Mr. Scalisi it may be more helpful for him to think of the increases not as a phase-in option and a one-time option, but simply as a single increase of some amount for 2018. Member Sullivan-Cheah asked what impact the landlord's requested increase would have on him, and what percentage of his income it would be. Mr. Scalisi said it was substantial considering the financial hardship he just experienced. Mr. Roush clarified that following a binding RRAC decision the parties may appeal for a hearing officer, and a RRAC decision only becomes binding after 15 days where no party has appealed. Mr. Scalisi requested that the Committee make a decision and reiterated his opinion that a $65 increase was reasonable. Mr. St. John reminded Mr. Scalisi that the options they pr… | RentReviewAdvisoryCommittee/2018-08-30.pdf |
RentReviewAdvisoryCommittee/2018-08-30.pdf,2 | RentReviewAdvisoryCommittee | 2018-08-30 | 2 | Approved Minutes August 30, 2018 Mr. St. John said that documents on the Rent Program website indicate RRAC cases result in an average increase of 9.32%, and in the cases involving Tropic Sands, the Committee is allowing increases of just above 6% on each case decided. He reiterated (from previous meetings) that management had already taken into account tenant hardship in the increase amounts requested. Chair Cambra replied that each unit, tenant, landlord and case is unique and the Committee takes each case on a case-by-case basis. Mr. Moran stated that because his unit is on the top floor his apartment gets really hot, and that following construction on the property, the temperature has been 10-15 degrees hotter in his apartment than before because the construction has resulted in less of a breeze that comes inside the unit. Specifically, Mr. Moran pointed to the replacing of spoke wrapping around the balcony with panels that were higher, did not let the breeze through, as well as blocked the view of the Bay from a sitting position. He added that there is no insulation to keep the temperature steady, and the lack of insulation also fails to insulate the unit from noise. His biggest concern, he said, was that the new panel wrapping around the balcony resulted in about a 75% loss of the Bay view he had with the spoke wrapping. The view, he said, was the most valuable amenity the apartment offered. Mr. Kessler replied that the work done was up to code, was inspected by the city, and there were code changes on wrapping heights, adding that they put in panels on the balcony instead of spokes because they thought they looked good. Vice Chair Murray asked if he's considering moving out and Mr. Moran said he may consider it now, whereas prior to this change he was not considering moving. Member Friedman asked him what he thought was a fair increase for the next year and Mr. Moran said he thought about $100 was fair for this year. He said he would pay additional increase if the view had not been taken away. Vice Chair M… | RentReviewAdvisoryCommittee/2018-08-30.pdf |
RentReviewAdvisoryCommittee/2018-08-30.pdf,6 | RentReviewAdvisoryCommittee | 2018-08-30 | 6 | Approved Minutes August 30, 2018 Vice Chair Murray said she believes the management will take care of the tenants' maintenance issues. She said she felt the tenants' distress and concerns, and mentioned that many upgrades and improvements may not be visible to the tenants, yet tenants benefit from them nonetheless. She acknowledged a potential financial hardship with only one income, the loss of a view, and other concerns. She acknowledged increased costs for the tenants and stated that landlords also have increased costs. She said she would not support an increase less than $100. Member Friedman agreed that the tenants did not present a clear financial need, but they did present a substantial loss of service, such as the view, and need for living in a safe, sanitary environment, while the situation they had found themselves in may not have been ideal. He said he believes the loss of services experienced by the tenants would continue. He said Ordinance 3148 excluded capital improvements costs from "costs of operation". He said he would support an increase of about $75, about 5%. Vice Chair Murray replied that because the capital improvements started prior to the City's CIP, the landlords had to come through the RRAC to try to get increases for them. She said that this makes these cases a special circumstance. Member Friedman explained why he found the issues raised by the tenants especially concerning. He said he believed landlords should be setting aside money from rent every year to pay for capital improvements rather than expect to raise the rents more to pay for them. Member Sullivan-Cheah said he felt that the owners were owed increases so they could get a fair rate of return in their property. Chair Cambra explained the issues he was considering in concluding that an increase amount of at least $93.89 was warranted. Member Griffiths made a motion for an increase of $93.89. No second. Motion and second for an increase of $75 (Member Friedman and Member Griffiths). Motion failed 2-3. Motion and second for an … | RentReviewAdvisoryCommittee/2018-08-30.pdf |
RentReviewAdvisoryCommittee/2018-08-30.pdf,4 | RentReviewAdvisoryCommittee | 2018-08-30 | 4 | Approved Minutes August 30, 2018 he had difficulty answering the question as it was a complex matter and saw his financial future as uncertain. The parties took a seat and the Committee began deliberations. Member Sullivan-Cheah said he thought the tenant could afford more than $65 and still stay in his home. Member Griffiths proposed a $123.03 increase, the 9.5% increase the landlords proposed in their first year of the phased-in option. Vice Chair Murray agreed that the tenant could pay that amount, and did not think the landlords should get less than that without a compelling hardship shared by the tenant. Member Friedman said he did not think the tenant had demonstrated a financial hardship, and said that the landlord's phase-ir amount was reasonable. Chair Cambra said he also supported the $123.03 amount as the tenant had considered paying the $310 one-time offer. Motion and second for an increase of 123.03 (Vice Chair Murray and Chair Cambra). Motion passed 5-0. 6-C. CASE 1101 - 2485 Shoreline Dr., Apt. 209 Tenant: Carrie & Mounaim Bouderka Landlords: Joanna Leonard, Randall Kessler, Michael St. John, Andrew Fisher Proposed rent increase: $344.84, effective October 1, 2018, from a base rent of $1,495.00 to a total rent of $1,839.84. Ms. Bouderka said she and her husband have lived at this property for 11 years. She said they used to have a good view of the Bay, but after the construction, they lost most of their view. She said paint stains remained on the balcony following the painting of it. She presented a number of repair and maintenance issues they had at the property that went unaddressed, including potential asbestos problems, black mold, and water leakage, as well as security issues, as they believe someone moved some of their property, and a gold ring went missing. They said they felt management did not take their concerns seriously. Ms. Leonard admitted that the paint coating on the balcony did not perform well, so they plan to recoat all of the balconies. She said she would take care of the pendin… | RentReviewAdvisoryCommittee/2018-08-30.pdf |
RentReviewAdvisoryCommittee/2019-08-05.pdf,3 | RentReviewAdvisoryCommittee | 2019-08-05 | 3 | Approved Minutes August 5, 2019 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.2 None. 9. MATTERS INTIATED Chair Sullivan-Cheah asked staff to clarify what is happening to the Committee once Ordinance no. 3246 goes into effect, and the status of Committee members' re- appointments. City Attorney Staff explained that the Committee will continue to make non-binding decisions on rent increases for single-family homes, condominiums, and multi-family properties built after 1995 unless the City Council enacts legislation that takes away that authority, and unless Committee members resign, they will continue to serve even if their term expires. Chair Sullivan-Cheah noted it has been difficult to keep his schedule free in case City Council decides to review his application for a new term. 10. ADJOURNMENT The meeting adjourned at 7:07 p.m. Respectfully Submitted, RRAC Secretary Bill Chapin Approved by the Rent Review Advisory Committee on August 14, 2019 | RentReviewAdvisoryCommittee/2019-08-05.pdf |
RentReviewAdvisoryCommittee/2019-08-05.pdf,1 | RentReviewAdvisoryCommittee | 2019-08-05 | 1 | Approved Minutes August 5, 2019 Minutes of a Regular Meeting of the Rent Review Advisory Committee Monday, August 5, 2019 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:40 p.m. Present: Chair Sullivan-Cheah; Members Chiu and Sidelnikov Absent: Member Murray Program staff: Grant Eshoo and Bill Chapin City Attorney staff: Michael Roush 2. AGENDA CHANGES Staff informed the Committee that Agenda Items 7-A, 7-B, and 7-D had resolved prior to the meeting. 3. STAFF ANNOUNCEMENTS None. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 None. 5. CONSENT CALENDAR 5-A. Approval of the minutes of the July 1, 2019 regular meeting Motion and second to approve the minutes (Chair Sullivan-Cheah and Vice Chair Chiu). Motion passed 3-0. 6. UNFINISHED BUSINESS None. 7. NEW BUSINESS 7-C. Case 1320 - 1821 Encinal Ave., Unit C Tenant: Sabrina Wiley Landlord: Jose Cerda-Zein (Property Manager) | RentReviewAdvisoryCommittee/2019-08-05.pdf |
RentReviewAdvisoryCommittee/2019-08-05.pdf,2 | RentReviewAdvisoryCommittee | 2019-08-05 | 2 | Approved Minutes August 5, 2019 Proposed rent increase: $47.74 (3.0%), to a total rent of $1,639.09, effective August 1, 2019 Ms. Wiley said the unit was listed for $1,500 when she moved in 3 years ago. She has received annual increases since then. Throughout she has been paying a bit more than the monthly rent and building up credit with the landlord. She lives by herself and earns about $1,500 every other week after taxes. She said the apartment is like a studio and she feels the latest increase makes the rent more than the space is worth. She is concerned about future increases and said that if rent approaches $1,700 it will become an issue for her. Mr. Cerda-Zein said the unit is a rear cottage and considers it a "studio plus." All the rent increases have been 3.0 percent, and he said he anticipates that there will be a 2.8 percent in one year in compliance with the new Annual General Adjustment (AGA). Member Sidelnikov asked how much Ms. Wiley has been paying in excess of her rent. She responded $1,595.00, which is $3.65 more than what was owed. Vice Chair Chiu asked for clarification on the AGA. City Attorney Office staff explained the new ordinance. Chair Sullivan-Cheah clarified that, under current legislation, the City Council created different requirements for landlords seeking increases above 5 percent, including mandatory review by the committee. Chair Sullivan-Cheah asked Ms. Wiley to clarify her income and whether there have been any modifications or improvements to the unit. Ms. Wiley and Mr. Cerda-Zein verified that there has been only standard maintenance. Mr. Cerda-Zein said that he was not authorized to accept an increase of less than 3 percent. As the parties were unable to reach an agreement, they took their seats, and the Committee began deliberations. Member Sidelnikov and Chair Sullivan-Cheah stated that, while the rent represents a more than half of Ms. Wiley's after-tax income, the requested increase seems reasonable, especially given impending AGA cap. Chair Sullivan-Cheah said tenants … | RentReviewAdvisoryCommittee/2019-08-05.pdf |
RentReviewAdvisoryCommittee/2018-08-06.pdf,3 | RentReviewAdvisoryCommittee | 2018-08-06 | 3 | Approved Minutes August 6, 2018 Chair Cambra asked if Mr. Fried had a response to Ms. Harrison's comments. Mr. Fried said that if the landlord doesn't get this increase, he would have to sell the property. Mr. Armitage said that he had raised the rent $400 in October 2017 and tenants agreed, but subsequently learned there was an Ordinance. He said that upon contacting Mr. Fried's firm, he learned that the increase was improper and was advised to rescind and the increase and refund the excessive amounts charged under it, which he did. Vice Chair Sullivan-Cheah asked Mr. Armitage how he came to the increase amounts he did. Mr. Armitage replied that he did research to see what the market rate was for comparable units and decided he wanted to raise it to market value in anticipation that Costa Hawkins may be overturned. He said he was concerned that if that law was overturned, he may be stuck with below market rate rent forever. Mr. Armitage said that he had just retired and did not have as much money coming in as he used to when he was working. Chair Cambra asked if the possible Costa Hawkins repeal was the main reason he was asking for the increase, and Mr. Fried said it was the impending reason, but the long- term reason was to ensure the landlords could obtain adequate rental income in their retirement. Member Friedman said that even though they could not render a binding decision, the Committee still had a responsibility to stabilize the rental market and see if they might help families like Ms. Harrison's stay in the community. He questioned the level of urgency to raise the rent that Mr. Fried provided, and wondered if there was room to come to an agreement where everyone's needs were met. Mr. Fried said he would counsel his client to raise the rent now before any impending legislation takes effect. Chair Cambra asked if the repeal of Costa Hawkins would change local rent control laws beyond making exempt units nonexempt. City Attorney's Office staff said that it would not be self-executing; most cities would … | RentReviewAdvisoryCommittee/2018-08-06.pdf |
RentReviewAdvisoryCommittee/2018-08-06.pdf,6 | RentReviewAdvisoryCommittee | 2018-08-06 | 6 | Approved Minutes August 6, 2018 Member Murray nominated herself for Vice Chair. The Committee members discussed and decided that the vote did not need a motion. Members Griffiths and Murray, and Chair Cambra voted for to make Member Murray the new Vice Chair. 7-D. CASE 1059 - 1845 Poggi St., Apt. D226 Program staff informed the Committee that the case was being rescheduled for administrative reasons. 7-E. CASE 1061 - 1861 Poggi St., Apt. B305 Program staff informed the Committee that the case was being rescheduled for administrative reasons. 7-F. CASE 1062 - 1843 Poggi St., Apt. C301 Program staff informed the Committee that the case was being rescheduled for administrative reasons. 7-G. CASE 1063 - 1825 Poggi St., Apt. A311 Program staff informed the Committee that the case was being rescheduled for administrative reasons. 7-H. CASE 1064 - 1845 Poggi St., Apt. D203 Program staff informed the Committee that the case was being rescheduled for administrative reasons. 7-I. CASE 1066 - 1825 Poggi St., Apt. A307 Program staff informed the Committee that the case was being rescheduled for administrative reasons. 7-J. CASE 1067 - 1845 Poggi St., Apt. D318 Program staff informed the Committee that the case was being rescheduled for administrative reasons. 7-K. CASE 1068 - 1825 Poggi St., Apt. A206 Program staff informed the Committee that the case was being rescheduled for administrative reasons. 7-L. CASE 1070 - 768 Eagle Ave., Upstairs Unit No Committee review. Prior to the RRAC hearing, the tenant and landlord came to an agreement regarding the amount of the rent increase. Program staff informed attendees that details of agreements reached prior to being reviewed by the Committee could be Page 6 of 7 | RentReviewAdvisoryCommittee/2018-08-06.pdf |
RentReviewAdvisoryCommittee/2018-08-06.pdf,1 | RentReviewAdvisoryCommittee | 2018-08-06 | 1 | Approved Minutes August 6, 2018 Minutes of the Regular Meeting of the Rent Review Advisory Committee Monday August 6, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:31 P.M. Present were: Chair Cambra; Vice Chair Sullivan-Cheah (formerly Sullivan- Sariñana); Members Friedman, Murray, and Griffiths Absent: None Program staff: Grant Eshoo, Gregory Kats City Attorney staff: John Le 2. AGENDA CHANGES a. Motion and second to move Agenda Item 7-C to be heard first, and move each item of New Business down one place (Member Friedman and Vice Chair Sullivan-Cheah). Passed 5-0. b. Motion and second to move Agenda Item 7-B to be heard second (Vice Chair Sullivan-Cheah and Member Murray). Motion to move 7-B to be heard first, and move each other item down one place (Vice Chair Sullivan-Cheah and Member Friedman). Passed 5-0. 3. STAFF ANNOUNCEMENTS a. Staff announced that two hearing dates were scheduled in August, two in September, and perhaps two in October. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 a. Angie Watson-Hajjem spoke about ECHO Housing's fair housing, landlord-tenant, and mediation services. 5. CONSENT CALENDAR a. Motion to approve the minutes of the July 2, 2018 Regular Meeting (Chair Cambra and Vice Chair Sullivan-Cheah). Motion passed 4-0, with one abstention (Member Friedman). 6. UNFINSHED BUSINESS a. None. 7. NEW BUSINESS 7-B. CASE 1055 - 2157 San Jose Ave., Unit B Tenant: Michelle Rae Grey & LaVar Douglas Grey, present Landlord: Lisa Fowler, absent Proposed rent increase: $95.00 (4.9%), effective July 1, 2018 Page 1 of 7 | RentReviewAdvisoryCommittee/2018-08-06.pdf |
RentReviewAdvisoryCommittee/2018-08-06.pdf,4 | RentReviewAdvisoryCommittee | 2018-08-06 | 4 | Approved Minutes August 6, 2018 Monica and Berkeley would not need to amend their ordinances if Costa Hawkins was repealed. City Attorney's Office staff clarified that the Ordinance does not prevent the parties from coming to mutual agreements outside the rent review process. Vice Chair Sullivan-Cheah asked Mr. Armitage if he had improved the home. Mr. Armitage said he had redone some plumbing and worked on the carport. He said he had told Ms. Harrison's husband to tell him if anything needed to be done. Ms. Harrison said that they never ask for anything from their landlord. Vice Chair Sullivan-Cheah stated that having a long-term tenant who is willing to pay a substantial rent increase, even if it's not what the landlord is looking for, may be something the landlord would want to consider. Member Friedman asked Ms. Harrison why she did not submit a statement. She said she did not understand the process or the Committee. Member Murray asked Ms. Harrison if a postponement of the effective date of the increase until September would be advantageous to her, and she said it would be. Mr. Fried responded that he would never advise his client to postpone rent increases, because he thought it might put his client at a disadvantage if any court proceedings were required, such as an unlawful detainer further down the road. He said that the parties were doing fine before they came here, and parties could always come to fair agreements without rent control measures. He added that the rules in court are rigged against the property owner. Member Friedman asked what appeal options were available to the parties. City staff clarified that the appeal process for a nonbinding decision was a request to have City Council review. Vice Chair Sullivan-Cheah said he would not vote for what the landlords were asking for as he did not feel the landlords had demonstrated a need for the rent increase, e.g., they did not show documentation of income or expenses. He said that even though the tenant did not provide a written response, she did p… | RentReviewAdvisoryCommittee/2018-08-06.pdf |
RentReviewAdvisoryCommittee/2018-08-06.pdf,2 | RentReviewAdvisoryCommittee | 2018-08-06 | 2 | Approved Minutes August 6, 2018 No Committee review. The tenants were present at the hearing but the landlord was not. The rent increase notice is therefore void, and the landlord may not increase the tenants' rent for at least 12 months from the effective date of this increase. 7-C. CASE 1058 - 1540 Court St. Tenant: Holly Harrison, present Landlord: David Armitage, owner, present, and attorney Clifford Fried, present Proposed rent increase: Month-to-month offer: $1,800.00 (75.0%) Lease offer: $2,100.00 (87.5%) Effective September 1, 2018 Mr. Fried stated that the owner flew in from Florida to participate in the hearing because his participation in the process is mandatory, even though the property is a single family residence, which is exempt from rent control. Mr. Fried stated that the legality of the requirement for a landlord to participate is questionable. He said that Mr. Armitage is looking to obtain a fair rate of return on his investment. He said that the landlord is retired from the U.S. Navy, and was previously stationed in Alameda when he purchased his home, and has kept the house as a rental since then. Mr. Fried went on to say that no one tells grocery stores what to charge for a loaf of bread, or doctors to charge their patients or Walgreens to charge for their products. He said there is an item on the November ballot to repeal Costa Hawkins, which exempts certain units such as the one in question, but until then, the landlord had a right to charge market rates like other businesses do. He added that even with this proposed rent increase, the landlord believes the rent is still below market rate. Ms. Harrison stated that the landlords were friendly, but that as a result of the increase, her family would have to move. She said she brings home $2,152.26 biweekly, and the increase would mean that all of her salary would be going toward rent. She said she did not understand the rent review process. Chair Cambra told her she may share her perspective on the increase. She said she had doubts that the la… | RentReviewAdvisoryCommittee/2018-08-06.pdf |
RentReviewAdvisoryCommittee/2018-08-06.pdf,5 | RentReviewAdvisoryCommittee | 2018-08-06 | 5 | Approved Minutes August 6, 2018 especially with the school year starting. She raised the possibility of moving the effective date from September 1 to November 1. Member Friedman said he believes the rental business is a different kind of business than many other businesses, and the community should have a say in what can be charged. He said he thought a $540 increase to $2,940 was reasonable. He explained this would be 5% above the $2,800 that the tenants agreed to pay last year before that increase was rescinded. Member Murray suggested that since the tenant said she would be able to move to a unit charging $3,100 rent, an increase to $3,100 would be reasonable, and again posited whether a delay in the effective date would be appropriate. Member Griffiths suggested a stepped increase that may allow the tenants to stay longer, and bring the landlord up to a higher base rent in the long run. Vice Chair Sullivan-Cheah stated that he thought the $2,940 total rent suggested by Member Friedman was fair, while acknowledging it was a large increase. Chair Cambra said he thought Member Friedman's suggestion of a $540 increase was reasonable, proposing perhaps a $400 increase now and a $140 increase later. Motion and second to increase the rent $540 starting September 1, 2018 (Member Griffiths and Vice Chair Sullivan-Cheah). Member Murray added that she thought the landlord's position to raise the rent now was reasonable, both as supplemental retirement income and before a potential change in the law could change his rights to raise the rent later. Member Friedman noted that the Ordinance does not entitle landlords to obtain market rate rent, but to keep up with operating costs. Member Murray responded that fair rate of return was difficult to define. Vote for $540 increase effective September 1, 2018. Motion passed 3-2. 7-A. Committee will consider and vote on Chair and Vice Chair Member Griffiths nominated Member Murray to be Chair. She declined, stating she does not know the rules to operate Committee meetings well eno… | RentReviewAdvisoryCommittee/2018-08-06.pdf |
RentReviewAdvisoryCommittee/2018-08-06.pdf,7 | RentReviewAdvisoryCommittee | 2018-08-06 | 7 | Approved Minutes August 6, 2018 found in the Rent Stabilization Program's monthly reports, which are posted monthly on the Program's website, www.alamedarentprogram.org Chair Cambra requested the details of the resolution. Staff said staff did not have the details available. Chair Cambra requested the details of the resolution be put on a future agenda. 7-M. CASE 1026.2 - 768 Eagle Ave., Downstairs Unit No Committee review. Prior to the RRAC hearing, the tenant and landlord came to an agreement regarding the amount of the rent increase. Program staff informed attendees that details of agreements reached prior to being reviewed by the Committee could be found in the Rent Stabilization Program's monthly reports, which are posted monthly on the Program's website, www.alamedarentprogram.org. Chair Cambra requested the details of the resolution. Staff said staff did not have the details available. Chair Cambra requested the details of the resolution be put on a future agenda. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO. 2. a. None. 9. MATTERS INITIATED a. None. 10.ADJOURNMENT The meeting adjourned at 8:24 p.m. Respectfully Submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on September 5, 2018 Page 7 of 7 | RentReviewAdvisoryCommittee/2018-08-06.pdf |
RentReviewAdvisoryCommittee/2017-08-07.pdf,1 | RentReviewAdvisoryCommittee | 2017-08-07 | 1 | Approved Minutes August 7, 2017 Minutes of the Regular Meeting of the Rent Review Advisory Committee Monday, August 7, 2017 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:35 p.m. Present were: Chair Cambra and Vice Chair Sullivan-Sariñana: Members Griffiths and Murray Absent: Member Friedman RRAC Staff: Jennifer Kauffman City Attorney Staff: John Le 2. AGENDA CHANGES a. Staff informed Committee that items 7-B, C, D & E resolved prior to the meeting and will not be reviewed by the Committee. 3. STAFF ANNOUNCEMENTS a. Staff stated that the following meeting is scheduled for Wednesday, September 6th, due to the Monday holiday. b. Staff explained the schedule for the evening, noting where to find the meeting agenda and procedures for public comment. 4. PUBLIC COMMENT, NON-AGENDA, NO.1 a. Angie Watson-Hajjem, ECHO Housing representative, spoke about ECHO's fair housing and tenant- landlord counseling services. 5. CONSENT CALENDAR a. Approval of the Minutes from the June 5, Regular Meeting. Motion and second (Sullivan-Sariñana and Griffiths). Approved Landess, Sullivan- Sariñana, Griffiths and Friedman. Abstention Cambra. 6. UNFINSHED BUSINESS a. No unfinished business. 7. NEW BUSINESS 7-A. CASE 871- 431 Pacific Ave., Apt. 202 Tenant: Lakeisha Cornelius, accompanied by her father Mr. Cornelius Landlord: Hen-Shin Wu Property Manager: Charles Kline Page 1 of 4 | RentReviewAdvisoryCommittee/2017-08-07.pdf |
RentReviewAdvisoryCommittee/2017-08-07.pdf,4 | RentReviewAdvisoryCommittee | 2017-08-07 | 4 | Approved Minutes August 7, 2017 Motion and second for $1,150 rent, effective September 1st (Sullivan-Sariñana and Murray). Cambra approved; Griffiths opposed. Motion passes. 7-B. CASE 894 - 89 Maitland Dr., Unit O Proposed Rent Increase: $187.00 (20.0%) effective September 1, 2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord reached a mutually agreeable arrangement of a $187.00 (20.0%) rent increase. 7-C. CASE 896 - 89 Maitland Dr., Unit Q Proposed Rent Increase: $99.00 (9.9%) effective September 1, 2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord reached a mutually agreeable arrangement of a $99.00 (9.9%) rent increase. 7-D. CASE 908 - 1569 Lincoln Ave., Unit B Proposed Rent Increase: $237.60 (17.6%), effective September 1, 2017 No Committee review. The landlord withdrew the rent increase. 7-E. CASE 910 - 1029 Regent St., Unit A Proposed Rent Increase: $215.00 (10.0%), effective August 1, 2017 No Committee review. Prior to the RRAC meeting, the tenant and landlord reached a mutually agreeable arrangement of a $175.00 (8.2%) rent increase. 7-F. Discussion of any considerations raised during the events of previous meetings to improve Committee review process Chair Cambra discussed the basis for raising rent when a landlord indicates the tenant has lease violations. Sullivan-Sariñana noted that the timeline of events is critical when understanding the circumstances related to the rent increase request. 8. PUBLIC COMMENT, NON-AGENDA, NO. 2. a. No public comment. 9. MATTERS INITIATED a. Member Sullivan-Sariñana asked for clarify on email addresses. 10. ADJOURNMENT The meeting was unanimously adjourned at 8:40 p.m. Respectfully submitted, Committee Secretary Jennifer Kauffman Approved by the Rent Review Advisory Committee on November 6, 2017. Page 4 of 4 | RentReviewAdvisoryCommittee/2017-08-07.pdf |
RentReviewAdvisoryCommittee/2017-08-07.pdf,2 | RentReviewAdvisoryCommittee | 2017-08-07 | 2 | Approved Minutes August 7, 2017 Proposed Rent Increase: $450.00 (50.0%), effective as a stepped increase over three months. Mr. Wu stated that Ms. Cornelius's mother had previously worked at the property. When she was no longer been able to work, they agreed to provide her housing at the premises for rent that was below market rate. The mother no longer lives at the unit and the owner feels it is reasonable to raise rent closer to market value. Ms. Cornelius asked that Mr. Cornelius speak on her behalf. Mr. Cornelius explained that Ms. Cornelius's mother passed away a year and a half ago. Ms. Cornelius is on the lease and it was their understanding that the owner's willingness to provide a courtesy extended to the family. Both parties acknowledged that there had been no discussion about future rent or future rent increases. The tenant explained that the current rent is about 50% of her income and she believes a reasonable increase would be between 5-10%. She has been the sole occupant since her mother's passing in August 2015 and that it would not be possible for her to get a roommate based on the unit layout. Member Griffiths acknowledged that $900.00 is well under market. He also stated that a 50% increase in any expense is challenging to absorb. The tenant and landlord discussed the timeline for the rent increase and the relationship between current rent and market rent. Mr. Cornelius explained that more gradual increases over time would make it more possible for Ms. Cornelius to prepare for the changes. Mr. Cornelius stated that they would be willing to accept a $250 increase to a total rent of $1,150 starting on September 1, 2017. They requested that any future rent increases be on a regular schedule in an amount near 5%. The landlord offered a $350 increase to a total rent of rent at $1,250, acknowledging the tenant has the option to continue month-to-month or sign a one year lease. The tenant explained that she current earns $12/hour and the $250 increase would require her father to cover some of her other… | RentReviewAdvisoryCommittee/2017-08-07.pdf |
RentReviewAdvisoryCommittee/2017-08-07.pdf,3 | RentReviewAdvisoryCommittee | 2017-08-07 | 3 | Approved Minutes August 7, 2017 Vice-Chair Sullivan-Sariñana considered a $250 (27.7%) increase to $1,150 the maximum that he would vote as fair and reasonable. Sullivan-Sariñana emphasized he takes tenants and landlords at their word and the tenant stated $1,150 would be something she could handle. Member Murray acknowledged the courtesy the landlord provided when the unit was offered to the mother at a rent below market rate. She noted that the current City rent regulations impact the amount of future increases and the landlord is in this situation because he was generous in the past. Murray identified that one of the current challenges relates to communication regarding assumptions made by both parties and lack of dialogue around expectations moving forward. Murray stated that the $100 difference between the landlord's offer and the tenant's offer appears to constitute a more serious hardship to the tenant. The $1,150 offer seems reasonable in that it represents a sacrifice by both parties in effort to establish a middle ground. She explained that it appears the tenant is acknowledging the previous generosity of the landlord by trying to stretch herself to bring the unit closer to market rate. Murray stated that $1,150 is the maximum amount that she would find acceptable. Member Griffiths recommended a $180 (20%) increase. He explained concerns that a monthly rent of $1,150 would not provide enough income remaining for other living expenses based on the tenant's income. Acknowledging the unique circumstances of the original $900 agreement, he pointed out that such a significant jump in the rent amount would be difficult. He would encourage a more gradual increase over time. Chair Cambra acknowledged the landlord provided the tenant a benefit for two years by offering the unit at $900. Cambra stated that he agrees with Griffiths in that the financial burden on the tenant is significant, noting with a $1,150 rent she would need financial assistance from her father. A stepped increase would provide the tenant mor… | RentReviewAdvisoryCommittee/2017-08-07.pdf |
RentReviewAdvisoryCommittee/2019-08-07.pdf,7 | RentReviewAdvisoryCommittee | 2019-08-07 | 7 | Approved Minutes August 7, 2019 10. ADJOURNMENT The meeting adjourned at 7:38pm. Respectfully Submitted, RRAC Secretary Angel Nguyen Approved by the Rent Review Advisory Committee on September 9, 2019 | RentReviewAdvisoryCommittee/2019-08-07.pdf |
RentReviewAdvisoryCommittee/2019-08-07.pdf,4 | RentReviewAdvisoryCommittee | 2019-08-07 | 4 | Approved Minutes August 7, 2019 Member Murray asked Mr. King if they have made any specific improvements to the unit. He said not that he's aware of. Member Murray asked Mr. Tensae how much his son is contributing to rent and is he paying for school. Mr. Tensae replied his son is contributing $300 each month for rent and is receiving financial aid for school. Member Murray asked Mr. Tensae if his son is going to continue living there while working on his masters. He responded yes. Member Murray asked Mr. Tensae if his son gets accepted into grad school, will he have the ability to contribute $300 towards rent. Mr. Tensae responded 60% of his income and $300 from his son goes to rent. Chair Sullivan-Cheah asked Mr. King if he's able to decrease rent by $200, is firm with the original request or open to anything in between. Mr. King offered an increase of $80 in light of the circumstances. Chair Sullivan-Cheah asked Mr. Tensae if $80 is acceptable. Mr. Tensae said he would like the rent to stay the same. As no agreement was reached, the parties took their seats and the Committee began deliberations. Chair Sullivan-Cheah said he was more comfortable with an increase of $80 at this unit given its rent increase history and tenant's situation. Member Sidelnikov noted that there's been over a 20% increase since 2015. A 2% increase was approved last year based on financial hardship and he believes that $80 is reasonable. Vice Chair Chiu acknowledged the tenant's employment issues. He agreed that an $80 increase would be reasonable. Member Murray noted the $4 million initial investment and $3500 to replace all the windows. She said to recoup those costs would be around $179 per month with no interest, therefore $80 is a small amount. She said she understands the tenant's financial challenges. However, the owners need to be compensated for their investment. Chair Sullivan-Cheah asked Member Murray about the cost increase for property taxes. Member Murray replied 4% each year and insurance and water have increased as well. … | RentReviewAdvisoryCommittee/2019-08-07.pdf |
RentReviewAdvisoryCommittee/2019-08-14.pdf,1 | RentReviewAdvisoryCommittee | 2019-08-14 | 1 | Approved Minutes August 7, 2019 Minutes of a Special Meeting of the Rent Review Advisory Committee Wednesday, August 14, 2019 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:30 p.m. Present: Chair Sullivan-Cheah; Vice Chair Chiu and Member Sidelnikov Absent: Member Murray Program Staff: Gregory Kats, Grant Eshoo, and Angel Nguyen City Attorney Staff: Michael Roush 2. AGENDA CHANGES Staff informed the Committee that Agenda Items 7-A, 7-B, 7-C, and 7-D had resolved. 3. STAFF ANNOUNCEMENTS None. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 None. 5. CONSENT CALENDAR 5-A. Approval of the minutes of the August 5, 2019 regular meeting Motion and second to approve the minutes (Chair Sullivan-Cheah and Vice Chair Chiu). Motion passed 3-0. 6. UNFINISHED BUSINESS None. 7. NEW BUSINESS 7-A. RI1307 - 1333 Webster St., Unit A102 The property owner was not present, but the property manager was. The tenants were present. Mr. Roush reminded the Committee that under the Ordinance a property owner is required to appear at the Committee's review of a rent increase of more than 5%, which is the case here, unless the property owner has good cause for not appearing and informs the Program Administrator | RentReviewAdvisoryCommittee/2019-08-14.pdf |
RentReviewAdvisoryCommittee/2019-08-07.pdf,1 | RentReviewAdvisoryCommittee | 2019-08-07 | 1 | Approved Minutes August 7, 2019 Minutes of a Special Meeting of the Rent Review Advisory Committee Wednesday, August 7, 2019 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:30 p.m. Present: Chair Sullivan-Cheah; Vice Chair Chiu, Members Murray and Sidelnikov Absent: None Program Staff: Gregory Kats, Grant Eshoo and Angel Nguyen City Attorney Staff: Michael Roush 2. AGENDA CHANGES Staff informed the Committee that Agenda Item 7-B had resolved prior to the meeting. 3. STAFF ANNOUNCEMENTS None. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 None. 5. CONSENT CALENDAR None. 6. UNFINISHED BUSINESS None. 7. NEW BUSINESS Staff announced that the time for this meeting and next week's RRAC meeting starts at 6:30 p.m. The website shows 6:00 p.m. but will be changed to the correct time tomorrow. Chair Sullivan-Cheah made an announcement that this was a public meeting and anything said or shared during the proceedings would become a public record. 7-A. RI1307 - 1825 Poggi Street, Unit A206 Landlord: Andy King Tenant: Tsegai Tensae | RentReviewAdvisoryCommittee/2019-08-07.pdf |
RentReviewAdvisoryCommittee/2019-08-07.pdf,6 | RentReviewAdvisoryCommittee | 2019-08-07 | 6 | Approved Minutes August 7, 2019 Motion and second for an increase of $40, effective September 1, 2019 (Vice Chair Chiu and Member Sidelnikov). Motion passed 3-1. 7-D. RI1310 - 1825 Poggi Street, Unit A312 Landlord: Andy King Tenant: Mirza Mehic Proposed rent increase: $136 (9.8%), to a total rent of $1,522, effective September 1, 2019 Mr. Mehic said he was there to represent his father, since his father is in another country taking care of his sick brother. Mr. Mehic is currently living in the unit with his mother and father and is working part-time. He asked to share some pictures and videos of damaged items in the unit and of the water leakage when it rains. Chair Sullivan-Cheah said Mr. Mehic's father submitted a request to have his rent increased to $1,420. Chair Sullivan-Cheah reminded the public that any information shared will be public recorded. Mr. Mehic continued sharing pictures and videos of the unit to the committee. Chair Sullivan-Cheah advised Mr. Mehic to send the files to staff. Chair Sullivan-Cheah said the condition of the unit doesn't warrant a high rent increase and asked Mr. Mehic if the property manager is aware of the issues. Mr. Mehic said his father contacted maintenance for assistance. Mr. King said he's not aware of the maintenance issue and they replaced the roof last fall. He asked Mr. Mehic if the water leakage is from the most recent rainy season. Mr. Mehic said it was leaking when it rained last fall and the sink is damaged as well. Mr. King said he will have maintenance check and repair the items. Based on the current condition of the unit, Mr. King agreed to Mr. Mehic's proposed rent increase of $34, to a total rent of $1,420, effective September 1, 2019. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.2 None. 9. MATTERS INITIATED Program staff confirmed with the committee about their attendance for the upcoming meeting. Member Murray said she's not sure if she will be available. | RentReviewAdvisoryCommittee/2019-08-07.pdf |
RentReviewAdvisoryCommittee/2019-08-07.pdf,5 | RentReviewAdvisoryCommittee | 2019-08-07 | 5 | Approved Minutes August 7, 2019 Motion and second for an increase of $80, effective September 1, 2019 (Chair Sullivan- Cheah and Member Sidelnikov). Motion passed 4-0. 7-C. RI1309 - 1825 Poggi Street, Unit A311 Landlord: Andy King Tenant: Yoseif Philipos Proposed rent increase: $127 (9.8%), to a total rent of $1,417, effective September 1, 2019. Mr. Philipos said that in the past two years his rent has increased exponentially. He works as an engineer with the same salary. His wife hasn't been working since last year. He said that he's been taking care of his 2 children and his ill mother and is experiencing financial hardship. Chair Sullivan-Cheah asked Mr. King if what he heard was different. Mr. King replied that he recalls the case from last year and offered a $40 rent increase. Chair Sullivan-Cheah asked Mr. Philipos if $40 is acceptable. Mr. Philipos said $25 would make a difference. Member Murray asked Mr. Philipos of any changes in work or income since last year. He said there's been an increase with transportation by bus of $40 a month. Chair Sullivan-Cheah asked Mr. Philipos if there were any major upgrades to the unit. Mr. Philipos responded no. As no agreement was reached, the parties took their seats and the Committee began deliberations. Chair Sullivan-Cheah said the property has a history of regular increases and there was a larger rent increase last year of 10%, which helped with repairs. Any increase between $25 and $40 would be reasonable. Member Chiu noted a member of the household of working age is currently not working and haven't been contributing to rent. Member Murray said that $25 would be another 25% increase from 2016. There was another increase the previous year of 8.4%. She said both amounts would be reasonable in the framework of the costs. However, she felt that a $25 increase would be more appropriate. Since Bay Area living requires multiple people living in the unit to work and contribute, she agreed to the $40 increase. | RentReviewAdvisoryCommittee/2019-08-07.pdf |
RentReviewAdvisoryCommittee/2019-08-07.pdf,2 | RentReviewAdvisoryCommittee | 2019-08-07 | 2 | Approved Minutes August 7, 2019 Proposed rent increase: $148 (9.8%), to a total rent of $1,658, effective September 1, 2019. Mr. King said the current owner purchased the property a few years ago and invested about $4 million on renovations. They are attempting to earn a return on the investment made in addition to the base property investment. He said the rent for this unit is about $1,000-$1,200 below the rate that current two-bedrooms are renting. At last year's Committee meeting, there was a $40 (2%) increase on this unit, which is why they are asking for 9.8% increase in an effort to earn a return. Mr. Tensae said in the last year 5 years, his rent has increased over 23%. New ownership had made some repairs, like replacing windows inside his unit, but water continues to leak through his bedroom windows when it rains. He notified maintenance, and they said they were going to fix it from the outside, but nothing had been fixed. He said he's currently working for a freight company and doesn't have a full schedule, which was creating a financial hardship. He asked for a decrease in rent or keeping the same rent if possible. Member Murray asked Mr. Tensae if his hours were cut back and he replied yes. She asked about his current work schedule. Mr. Tensae said that his schedule fluctuates every week. Sometimes he works 2 days, 3 days, or 5 days out of the week. He said his employer would call an hour in the morning before the shift started. Member Murray asked Mr. Tensae if there was a guaranteed schedule provided at work. He responded no. He said he asked his employer for a set schedule, so that he can look for another job, but his employer was unable to help. Member Murray asked Mr. Tensae if anyone else is living in the unit. Mr. Tensae said his son is living with him. He is currently working part-time as an accountant. Member Murray asked Mr. Tensae if his son is in school. Mr. Tensae said his son just completed his bachelor's degree and is planning on going back for his master's to help him get a full-time jo… | RentReviewAdvisoryCommittee/2019-08-07.pdf |
RentReviewAdvisoryCommittee/2019-08-14.pdf,2 | RentReviewAdvisoryCommittee | 2019-08-14 | 2 | Approved Minutes August 7, 2019 prior to the meeting of the reasons for being unable to attend. Because it was not clear that had occurred, the Committee did not review the rent increase. Staff informed the Committee that it would review the matter following the meeting to determine next steps. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.2 None. 9. MATTERS INITIATED Program staff confirmed with the Committee about the need for a meeting in September. 10. ADJOURNMENT The meeting adjourned at 7:03 p.m. Respectfully Submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on September 9, 2019 | RentReviewAdvisoryCommittee/2019-08-14.pdf |
RentReviewAdvisoryCommittee/2019-08-07.pdf,3 | RentReviewAdvisoryCommittee | 2019-08-07 | 3 | Approved Minutes August 7, 2019 they were going to repair and seal the windows from the outside. However, last winter, rain water continued to leak through. Mr. King said they replaced the windows and Mr. Tensae agreed that they were replaced, but rain water continued to leak through when it rained. Last year, Mr. Tensae made a complaint to the people in the office and was told that maintenance was going to fix it and seal it from the outside. Chair Sullivan-Cheah said the Committee did not have any jurisdiction over repairs, but it was a good forum to address ongoing maintenance issues. Mr. King said he was surprised with the ongoing leaks because the windows were replaced and it had been dry over the last couple of months. He said if there was water in the unit, he would talk to maintenance to get it resolved. Mr. Tensae said he's not sure what needs to be done in order to get things resolved when making a complaint with the office. Chair Sullivan-Cheah asked if Mr. Tensae was given a work order number when he put in the request at the office. Mr. Tensae responded no. Mr. King said they would have an internal record of work order and will check on that record. Chair Sullivan-Cheah recommended that Mr. Tensae follow up with the office about the work order. To have a better understanding of Mr. Tensae's financial situation, Chair Sullivan-Cheah asked Mr. Tensae about his current work schedule and his son's status in school. Mr. Tensae said that he asked his company for additional hours to make up for the loss of income, but his company was unable to help. He said that his son is living with him and just completed his bachelor's degree in accounting. His son is planning on furthering his education to be more marketable. Chair Sullivan-Cheah asked Mr. Tensae that apart from the windows replaced, were there any other repairs made. Mr. Tensae said the carpet and kitchen has been in the same condition for 15 years. He was given the option to have the carpets replaced with a 10% increase, but declined the offer. Chair … | RentReviewAdvisoryCommittee/2019-08-07.pdf |
RentReviewAdvisoryCommittee/2018-12-12.pdf,1 | RentReviewAdvisoryCommittee | 2018-12-12 | 1 | Approved Minutes December 12, 2018 Minutes of a Special Meeting of the Rent Review Advisory Committee Wednesday, December 12, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:56 p.m. Present were: Vice Chair Murray; Members Chiu and Sullivan-Cheah Absent: None Program staff: Greg Kats, Grant Eshoo City Attorney staff: John Le 2. AGENDA CHANGES Staff informed the Committee that the parties in Agenda Items 7-C, 7-D, and 7-F had come to agreements prior to the meeting. 3. STAFF ANNOUNCEMENTS None. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 None. 5. CONSENT CALENDAR None. 6. UNFINSHED BUSINESS None. 7. NEW BUSINESS 7-A. CASE 1112 - 1861 Poggi St., Apt. B202 Tenant: Steven Kim Landlord: Andy King Proposed rent increase: $137.00 (9.9%), to a total rent of $1,515, effective October 1, 2018 Mr. King opened by introducing the ownership's improvements to the property as a basis for requesting the rent increases. Mr. Kim acknowledged the improvements to the property have improved the aesthetics of the property, but were mostly cosmetic except for the structural, earthquake-related improvements. Mr. Kim said he is a federal employee whose salary increases are usually very modest compared to the 10% increase the landlord was requesting. He said previous annual increases were about 5%. He said that the management office offered Page 1 of 5 | RentReviewAdvisoryCommittee/2018-12-12.pdf |
RentReviewAdvisoryCommittee/2018-12-12.pdf,4 | RentReviewAdvisoryCommittee | 2018-12-12 | 4 | Approved Minutes December 12, 2018 Mr. Nguyen said that he was a cosigner and the authorized representative for his mother, the tenant-in-residence at the subject property. He agreed to provide written documentation that he has the authority to represent his mother, Ngoc Duong, in her absence at the hearing. Mr. Nguyen expressed concern that the landlord has been collecting the increased amount in November and December and serving the tenants with Three Day Notices. He said the increase requested creates a financial burden, as his mother cannot pay the rent herself, and he must help her financially as well as meet his own family's financial needs. Member Sullivan-Cheah asked what he did for work, and he said he processes cases for the County of Alameda. Mr. Nguyen noted that no improvements were made to the interior of the apartment. Vice Chair Murray asked if his mother could live with him or other family members and Mr. Nguyen said she could not. Vice Chair Murray asked how much of an increase the tenant could afford and he said about $100. She asked Mr. King if that was something he would agree to and he said he would like the Committee to make a decision. The parties took their seats and the Committee deliberated. Member Sullivan-Cheah noted that the tenant's rent was on the high end for a one- bedroom apartment and thought the tenant's offer of a $100 increase was reasonable. Vice Chair Murray and Member Chiu echoed Member Sullivan-Cheah's observation and belief that a $100 increase was reasonable. Motion and second for an increase of $0 for October-December 2018, followed by an increase of $100, effective January-September 2019 (Members Sullivan-Cheah and Chiu). Motion passed 3-0. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO. 2. None. 9. MATTERS INITIATED Member Sullivan-Cheah asked if a vote could be scheduled for a new Chair and Vice Chair. Staff informed the Committee a vote would be place on the agenda for the Committee's January 9, 2019 meeting. 10.ADJOURNMENT a. The meeting adjourned at 9:00 p.m. Page 4 of… | RentReviewAdvisoryCommittee/2018-12-12.pdf |
RentReviewAdvisoryCommittee/2018-12-12.pdf,5 | RentReviewAdvisoryCommittee | 2018-12-12 | 5 | Approved Minutes December 12, 2018 Respectfully Submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on January 23, 2019 Page 5 of 5 | RentReviewAdvisoryCommittee/2018-12-12.pdf |
RentReviewAdvisoryCommittee/2018-12-12.pdf,3 | RentReviewAdvisoryCommittee | 2018-12-12 | 3 | Approved Minutes December 12, 2018 Vice Chair Murray asked the tenants what they did for work and Ms. Montejo said she was a home care aid working on contract, and Mr. Padriquilla said he's on permanent disability after suffering damage to his hand at his job at Tesla; he said he's looking into future employment options. Mr. King offered an increase of $80 and the tenants agreed, effective 1/1/19, with a $0 increase from 10/1/18 to 12/31/18. 7-C. CASE 1118 - 1843 Poggi St., Apt. C209 No Committee review. The parties reached an agreement regarding the amount of the increase prior to the meeting. 7-D. CASE 1119 - 1843 Poggi St., Apt. C303 No Committee review. The parties reached an agreement regarding the amount of the increase prior to the meeting. 7-E. CASE 1120 - 1843 Poggi St., Apt. C307 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upor by the parties. 7-F. CASE 1121 - 1845 Poggi St., Apt. D116 No Committee review. The parties reached an agreement regarding the amount of the increase prior to the meeting. 7-G. CASE 1123 - 1845 Poggi St., Apt. D204 Tenant: Ganeshwar Chand Landlord: Andy King Proposed Rent Increase: $142.75 (10.0%), to a total rent of $1,576, effective October 1, 2018 City Attorney staff recommended the agenda item be tabled. Motion to continue to a future meeting (Vice Chair Murray and Member Sullivan-Cheah). Motion passed 3-0. 7-H. CASE 1124 - 1845 Poggi St., Apt. D219 Tenant: Long Nguyen Landlord: Andy King Proposed Rent increase: $167.00 (10.0%), to a total rent of $1,841, effective October 1, 2018 Page 3 of 5 | RentReviewAdvisoryCommittee/2018-12-12.pdf |
RentReviewAdvisoryCommittee/2018-12-12.pdf,2 | RentReviewAdvisoryCommittee | 2018-12-12 | 2 | Approved Minutes December 12, 2018 him a gift certificate to encourage an agreement regarding the rent increase prior to the RRAC meeting. He said one of the improvements, a gate, makes a lot of noise when it opens and closes, which was hard to get used to. The same gate, he continued, also made it difficult for him to get out of his parking spot. He said the improvements made were not worth it to him to pay more rent. Vice Chair Murray asked what he did for work, and Mr. Kim said he worked for the Social Security Department. She asked if he lived alone and he said he did. She asked what impact the requested increase would have on his budget, and he said he would have to eliminate things in his budget. She asked if the increase would cut into his ability to purchase necessities and he replied that it probably would not but it would interfere with his quality of life by having to relinquish certain hobbies. Member Sullivan-Cheah asked how much of an increase he could afford. Mr. Kim asked Mr. King if they planned on raising the rent each year moving forward and he replied that it would depend on market conditions at the time of future increases. Mr. Kim said he could afford an increase of $100. Vice Chair Murray asked if a $100 increase would be acceptable to Mr. King and he replied that he would like to continue to ask for the full $137 increase. The parties took a seat and the Committee deliberated. Motion and second for a $0 increase from 10/1/18 to 12/31/18, followed by a $137 increase effective 1/1/19-9/30/19 (Members Sullivan-Cheah and Chiu). Motion passed 3-0. 7-B. CASE 1116 - 1861 Poggi St., Apt. B304 Tenants: Larry Padriquilla and Marty Montejo Landlord: Andy King Proposed rent increase: $154.00 (10.0%), to a total rent of $1,697.50, effective October 1, 2018 Ms. Montejo stated that she had requested improvements to the inside of the unit, as there were many things that needed to be improved or replaced, such as the carpets and the kitchen cabinets. She said the requested increase would stretch their budg… | RentReviewAdvisoryCommittee/2018-12-12.pdf |
RentReviewAdvisoryCommittee/2018-12-17.pdf,3 | RentReviewAdvisoryCommittee | 2018-12-17 | 3 | Approved Minutes December 17, 2018 7-D. CASE 1179 - 1845 Poggi St., Apt. D223 Tenant: Tam Trung Nguyen Landlord: Andy King Proposed rent increase: $169.00 (10.0%), to a total rent of $1,864, effective December 1, 2018 Using a speaker phone Staff called a translation service to obtain a Vietnamese translator for Mr. Nguyen. Vice Chair Murray explained the meeting procedure to Mr. Nguyen. Mr. King stated that his company purchased the property over a year ago and have made $3 million in improvements, as the prior owners had neglected maintaining and improving the property. Mr. King detailed the improvements made to the property, which included seismic retrofitting, security improvements, and the addition of amenities. He said the property tax bill was approximately half a million dollars more than the previous owner. Mr. Nguyen said he had lived in the unit for two years, and is paying more than many current residents. He said that he could afford a 5% increase but not the 10% the landlord was requesting. He said that there have been improvements to the property but not the inside of his unit. Member Johnson asked Mr. King how many units were currently vacant and he provided an approximate number. She asked how much current units were renting for and Mr. King provided a range of current market rate rents. Mr. Nguyen said he was a baker for Sugar Bowl Bakery and his son attended a high school in the City of Alameda. He said his wife worked part-time in a local spa as a nail technician. Member Sullivan-Cheah asked Mr. Nguyen how much of a rent increase he could afford. Mr. Nguyen said he could afford a maximum increase of $80. He said an increase above that would make their budget very tight considering their other expenses. The parties were not able to make an agreement and the Committee began deliberations. Member Johnson said she thought an increase of about 5% was reasonable as the landlord acquired the property knowing the improvements that needed to be done and how much the current tenants' rents were. Member S… | RentReviewAdvisoryCommittee/2018-12-17.pdf |
RentReviewAdvisoryCommittee/2018-12-17.pdf,5 | RentReviewAdvisoryCommittee | 2018-12-17 | 5 | Approved Minutes December 17, 2018 7-G. CASE 1159 - 1843 Poggi St., Apt. C106 Tenant: Cecilia Maldonado Landlord: Andy King Proposed rent increase: $179.00 (10.0%) to a total rent of $1,974, effective December 1, 2018 Mr. King opened with an offer of an increase of $80 per month. Ms. Maldonado said that she thought the improvements done by the landlord made the property more secure and look better. She said she was a single parent of a disabled child, which has brought extra expenses and challenges for her. She said that she had reported the window and sliding door in her unit needed fixing, but was told they would be taken care of later, after the other renovations were finished. She said her daughter is on a respirator and it was important that her daughter did not breathe cold, wet air. She said the bathroom plumbing had needed repair, as it had leaked and discolored the hardwood floor around the toilet. She said there was something that falls from their bathroom ceiling into her tub, but she was not sure what it was. She added that she moved to Alameda because she was able to get her daughter into a special education program to help with her disability-related needs. She said that she was accustomed to an increase of around 3% every three years, and could currently afford an increase of $55. Mr. King said he would like to correct whatever was wrong with her toilet even though it did not seem like an old one that was slated to be replaced. Member Sullivan-Cheah explained the City of Alameda's rent review and rent stabilization process. He asked Ms. Maldonado what she does for work and she said she does clerical work for the County of Alameda. She said she and her daughter were the only occupants of the unit and no one else helped her pay rent. He asked how much of her income would go toward rent if the landlord's proposed increase of $80 went into effect and she said about half. Vice Chair Murray asked if Ms. Maldonado received extra assistance to help with the expenses related to her daughter's needs and she … | RentReviewAdvisoryCommittee/2018-12-17.pdf |
RentReviewAdvisoryCommittee/2018-12-17.pdf,7 | RentReviewAdvisoryCommittee | 2018-12-17 | 7 | Approved Minutes December 17, 2018 7-K. CASE 1177 - 1845 Poggi St., Apt. D120 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. 7-L. CASE 1164.1 - 1845 Poggi St., Apt. D222 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. 7-M. CASE 1162.1 - 1843 Poggi St., Apt. C302 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. 7-N. CASE 1176 - 1861 Poggi St., Apt. B315 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO. 2. None. 9. MATTERS INITIATED Vice Chair Murray asked to place two items on the agenda for January 9, 2019: a discussion regarding and a vote for Chair and Vice Chair. 10.ADJOURNMENT a. The meeting adjourned at 9:25 p.m. Respectfully Submitted, Grant Eshoo RRAC Secretary Approved by the Rent Review Advisory Committee on February 4, 2019 Page 7 of 7 | RentReviewAdvisoryCommittee/2018-12-17.pdf |
RentReviewAdvisoryCommittee/2018-12-17.pdf,2 | RentReviewAdvisoryCommittee | 2018-12-17 | 2 | Approved Minutes December 17, 2018 7. NEW BUSINESS 7-C. CASE 1173 - 1861 Poggi St., Apt. B217 Tenant: Oyunjargal Tsedendash Landlord: Andy King Proposed rent increase: $179.00 (10%), to a total rent of $1,974, effective December 1, 2018 Using a speaker phone Staff called a translation service to obtain a Mongolian translator for Ms. Tsedendash. Ms. Tsedendash stated that she lives at the unit with her husband and child. She said the rent increase would pose a hardship because she does not work and her husband brings in a limited income. Vice Chair Murray explained the meeting procedure and Member Sullivan-Cheah reflected back the tenant's opening statements. Mr. King stated that his company purchased the property over a year ago and has made $3 million in improvements, as the prior owners had neglected maintaining and improving the property. Mr. King detailed the improvements made to the property, which included seismic retrofitting, security improvements, and the addition of amenities. He added that the property tax bill was approximately half a million dollars more than the previous owner. Ms. Tsedendash responded that an increase up to $80 would be acceptable to her and the suddenness and amount being requested was not something that her family could accommodate. Vice Chair Murray asked if Mr. King would like to revise the requested increase amount and Mr. King proposed an increase of $100 in light of the difficulties presented by the tenant. Ms. Tsedendash replied that she and her family had just moved to this country and they were trying to adapt to life here. She added that they had a car loan and had just received a $500 auto-related fine. She said that a $100 increase would be acceptable, but $80 would be much easier for them. Mr. King said that he would be agreeable to an $80 increase in light of the tenants' situation. Member Sullivan-Cheah asked Ms. Tsedendash about a broken window she had mentioned earlier. She replied that water was dripping from the window. Mr. King informed her how to request a rep… | RentReviewAdvisoryCommittee/2018-12-17.pdf |
RentReviewAdvisoryCommittee/2018-12-17.pdf,1 | RentReviewAdvisoryCommittee | 2018-12-17 | 1 | Approved Minutes December 17, 2018 Minutes of a Special Meeting of the Rent Review Advisory Committee Monday, December 17, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:31 p.m. Present were: Vice Chair Murray; Members Johnson and Sullivan-Cheah Absent: Member Chiu Program staff: Greg Kats, Grant Eshoo City Attorney staff: John Le 2. AGENDA CHANGES Staff informed the Committee that the tenant in Agenda Item 7-C requires translation services and recommended that it be heard first. Staff informed the Committee that Agenda Item 7-E had informed staff that he would have to take time off work to attend the meeting and recommended the Committee hear this item second. Motion and second to reorder the agenda to accommodate these recommendations (Vice Chair Murray and Member Sullivan-Cheah). Motion passed 3-0. Staff called roll to ascertain which parties were present. The tenants for Agenda Items 7-A, 7-B, 7-E, 7-H, 7-I, 7-J, 7-K, 7-L, 7-M, and 7-N were not present and were moved to the end of the agenda. 3. STAFF ANNOUNCEMENTS None. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 Angie Watson-Hajjem from ECHO Housing provided information on ECHO's fair housing and landlord-tenant services. 5. CONSENT CALENDAR None. 6. UNFINSHED BUSINESS 6-A. CASE 1123 - 1845 Poggi St., Apt. D204 No Committee review. Prior to the hearing the parties reached an agreement concerning the amount of the rent increase. Page 1 of 7 | RentReviewAdvisoryCommittee/2018-12-17.pdf |
RentReviewAdvisoryCommittee/2018-12-17.pdf,4 | RentReviewAdvisoryCommittee | 2018-12-17 | 4 | Approved Minutes December 17, 2018 Vice Chair Murray said she agreed a 5% increase was reasonable, and thought a rate of $1,780 (increase of $85) was reasonable, and on the high side for comparable units. Motion and second for an increase of $0 for December 2018, followed by an increase of $85 effective January 2019 through November 2019 (Members Sullivan Cheah and Johnson). Motion passed 3-0. 7-F. CASE 1158 - 1825 Poggi St., Apt. A318 Tenant: Jason Bey, accompanied by Jeff Cambra Landlord: Andy King Proposed Rent Increase: $179.00 (10.0%) to a total rent of $1,984, effective December, 1 2018 Mr. Cambra submitted a document that provided a summary of market rate one- bedroom apartments. He stated that landlords should not expect to be able to recoup all of the costs for improvements immediately, as the landlord should amortize the costs of the improvements over the life of the improvements and use those amortized amounts as the basis on which to request gradual rent increases. Mr. Bey said he was a single parent caring for his daughter, who attends Encinal High School. He said he works as a security guard and makes approximately $1,000 per week and had increasing expenses for his family. He said that if the rent increased to the amount the landlord was requesting he would be paying half of his income toward rent. Mr. King responded that the improvements made to the unit should increase the market value of the unit. He provided alternative comparable units, including a one-bedroom renting for $2,500, adding that new tenants at Vue Alameda paid about $2,300 for a similar unit. Member Sullivan-Cheah asked Mr. Bey if he had received any improvements to the inside of his unit and Mr. Bey replied that the balcony was remodeled, but nothing was improved on the inside of the unit. Vice Chair Murray asked Mr. Bey if he thought he would continue to be a security guard for the foreseeable future and he said yes. He added that his daughter was currently applying for college. She asked what effect the full increase would have… | RentReviewAdvisoryCommittee/2018-12-17.pdf |
RentReviewAdvisoryCommittee/2018-12-17.pdf,6 | RentReviewAdvisoryCommittee | 2018-12-17 | 6 | Approved Minutes December 17,2018 Member Johnson agreed and added that Ms. Maldonado's daughter, being very young (4 years old), needed to stay in the community in order to keep the special needs education that she's able to obtain here. Vice Chair Murray said that she thought an increase of $40 would be a reasonable amount considering the needs presented by the tenant. Motion and second for an increase of $0 for December 2018, followed by an increase of $55 effective January 2019 through November 2019 (Members Sullivan-Cheah and Johnson). Motion passed 3-0. 7-A. CASE 1126 - 1845 Poggi St., Apt. D312 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. 7-B. CASE 1127 - 1845 Poggi St., Apt. D321 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. 7-E. CASE 1156 - 1825 Poggi St., Apt. A302 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. 7-H. CASE 1172 - 1861 Poggi St., Apt. B210 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. 7-I. CASE 1166 - 1845 Poggi St., Apt. D322 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. 7-J. CASE 1170 - 1861 Poggi St., Apt. B207 No Committee review. The tenant was not present. The landlord may impose the rent increase as noticed or as otherwise agreed-upon by the parties. Page 6 of 7 | RentReviewAdvisoryCommittee/2018-12-17.pdf |
RentReviewAdvisoryCommittee/2016-12-05.pdf,2 | RentReviewAdvisoryCommittee | 2016-12-05 | 2 | Approved Minutes December 5, 2016 7-B. Case 583 - 330 Westline Dr., Unit B425 Proposed rent increases: 12-month lease - $50.00 (2.0%) effective 12/16/16; No review Month-to-month agreement - $359.00 (14.2%) effective 12/16/16; Under review No review. The tenant did not attend the meeting. Hence, the Committee took no action and both options on the rent increase notice are valid. The tenant retains the option to choose the 12-month lease offer or the month-to-month rental agreement offer. 7-C. Case 584 - 344 Westline Dr., Unit C111 Proposed rent increases: 12-month lease - $50.00 (2.6%) effective 12/16/16; No review Month-to-month agreement - $353.00 (17.4%) effective 12/16/16; Under review No review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase between 0-5%. 7-D. Case 590 - 300 Westline Dr., Unit A204 Proposed rent increases: 12-month lease - $140.00 (5.0%) effective 12/26/16; No review Month-to-month agreement - $924.00 (32.8%) effective 12/26/16; Under review No review. Prior to the RRAC meeting, the tenant submitted paperwork to vacate the unit. 7-E. Case 591 - 909 Shorepoint Ct., Unit D207 Proposed rent increases: 12-month lease - $142.00 (4.9%) effective 12/29/16; No review Month-to-month agreement - $925.00 (32.0%) effective 12/29/16; Under review No review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase between 0-5%. 7-F. Case 593 - 941 Shorepoint Ct., Unit F102 Proposed rent increases: 12-month lease - $125.00 (5.0%) effective 12/16/16; No review Month-to-month agreement - $831.00 (33.0%) effective 12/16/16; Under review No review. The tenant did not attend the meeting. Hence, the Committee took no action and both options on the rent increase notice are valid. The tenant retains the option to choose the 12-month lease offer or the month-to-month rental agreement offer. Page 2 of 7 | RentReviewAdvisoryCommittee/2016-12-05.pdf |
RentReviewAdvisoryCommittee/2016-12-05.pdf,3 | RentReviewAdvisoryCommittee | 2016-12-05 | 3 | Approved Minutes December 5, 2016 7-G. Case 595 - 941 Shorepoint Ct., Unit F310 Proposed rent increases: 12-month lease - $123.00 (5.0%) effective 12/28/16; No review Month-to-month agreement - $819.00 (33.1%) effective 12/28/16; Under review No review. The tenant did not attend the meeting. Hence, the Committee took no action and both options on the rent increase notice are valid. The tenant retains the option to choose the 12-month lease offer or the month-to-month rental agreement offer. 7-A. Case 576 - 1226 Broadway, Unit A Tenant/public speakers: Blanca Alberts, Ann Petitjean, Michael Bracamontes Landlord/public speakers: Joseph Cervelli Sr., Joe Cervelli Jr. Proposed rent increase: $2000.00 (200.0%), effective date January 1, 2017 This rent increase request was originally scheduled for the November 9, 2016 Rent Review Advisory Committee meeting. The review was postponed one month to the December Rent Review Advisory Committee meeting. Mr. Bracamontes stated the reasonable maximum monthly rent increase the tenant, Ms. Alberts, would be able to pay is $50.00 (5.0%). He explained that Ms. Alberts is 74 years old and has lived in the unit for 36 years. He explained Ms. Alberts is on a fixed-income and that the proposed rent increase would have a significant financial impact. He noted there have been long standing habitability issues in the unit that have affected Ms. Alberts' health. He explained there was an understanding that in exchange for Ms. Alberts not asking for repairs, Mr. Cervelli would not increase rent. He noted that Ms. Alberts has paid for many repairs herself. Mr. Bracamontes stated that the current rent increase is in retaliation for the tenant's requests to make repairs to the property and her successful defense against a previous termination of tenancy. Mr. Cervelli Jr. stated that the landlord, Mr. Cervelli Sr., had offered to meet privately before the Committee meeting. However, the tenant was only willing to meet at the attorney's office in San Francisco, which as a burden for his elderly … | RentReviewAdvisoryCommittee/2016-12-05.pdf |
RentReviewAdvisoryCommittee/2016-12-05.pdf,6 | RentReviewAdvisoryCommittee | 2016-12-05 | 6 | Approved Minutes December 5, 2016 7-I. Case 596 - 1334 Fernside Blvd. Proposed Rent Increase: $880.00 (28.4%), effective February 1, 2017 No review. Prior to the RRAC meeting, the tenant submitted paperwork to vacate the unit and the landlord submitted paperwork that the rent increase had been rescinded. 7-J. Case 598 - 1537 Schiller St., Unit C Proposed Rent Increase: $120.00 (10.0%), effective January 1, 2017 No review. Prior to the RRAC meeting, the tenant and landlord agreed to a rent increase between 5-10%. 7-K. Case 599 - 2224 Encinal Ave. Tenant/public speaker: Rachael Bigelow, Emily Casey, Rose Wantugu Landlord/public speaker: Elisabeth Middelberg Proposed rent increase: $194.00 (9.2%), effective date delayed until RRAC review Staff noted that a rent increase in December 2015 was not in compliance with the City's Urgency Ordinance no. 3140 (later amended with Ordinance no. 3143), which imposed a temporary moratorium on rent increases of 8% or more from November 5, 2016 to March 30, 2016. This limited the December 2015 rent increase to $156.00. As such, the current base rent cannot exceed $2,106.00. Documentation was submitted to the Program Administrator that the additional collected rent has been credited to the tenant. The tenants, Rachael Bigelow, Emily Casey, Rose Wantugu, stated that the maximum reasonable rent increase would be $39.00 (1.9%). Tenants stated that they received a rent increase of 10.0% (corrected to 8%) in December 2015 and the landlord's proposal to again raise rent near 10% poses a financial burden to them. Tenants also emphasized that comparing their rent to market rate missed the fact that their unit was not comparable in amenities to many other units. They stated that aside from window and refrigerator replacement, there have not been improvements to the unit warranting a rent increase. They stated that the landlord's upkeep on the ground floor unit does not benefit their unit. Tenants also noted that property taxes for Ms. Middelberg have decreased. Elisabeth Middelberg, the lan… | RentReviewAdvisoryCommittee/2016-12-05.pdf |
RentReviewAdvisoryCommittee/2016-12-05.pdf,7 | RentReviewAdvisoryCommittee | 2016-12-05 | 7 | Approved Minutes December 5, 2016 Additionally, Ms. Middelberg stated that she is a renter and is experiencing rent increases that have a financial burden on her. The tenants noted that communicating to Ms. Middelberg about maintenance issues had been difficult. They stated that more transparency from Ms. Middelberg about operating costs would help them better understand the reasoning behind rent increases. Parties discussed various rent increase options between 2.0% and 7.5%. Tenants stated the highest increase they could afford would be $105.00 (5.0%). Landlord stated the lowest increase she could afford was $120.00 (5.7%). Committee members emphasized how close the two parties were to an agreement. Griffiths proposed the option to phase the increase with a portion effective this month and another portion effective six months later. Parties discussed the amount and effective date of the option of phased rent increases. Parties reached an agreement of a rent increase equal to $105.00 to a monthly rent of $2,211.00, effective December 1, 2016 followed by an increase of $15.00 to a monthly rent of $2,226.00, effective May 1, 2017. Motion and second (Schrader, Griffiths), unanimously approved. 8. PUBLIC COMMENT, NON-AGENDA, NO. 2. a. No public comment. 9. MATTERS INITIATED a. Member Friedman requested that the Committee hold a special meeting to discuss Rent Stabilization Ordinance no. 3148. Staff confirmed that a special meeting would be scheduled. 10. ADJOURNMENT The meeting was unanimously adjourned at 9:17 p.m. Respectfully submitted, thing RRAC Secretary Jennifer Kauffman Approved by the Rent Review Advisory Committee on January 11, 2017. Page 7 of 7 | RentReviewAdvisoryCommittee/2016-12-05.pdf |
RentReviewAdvisoryCommittee/2016-12-05.pdf,5 | RentReviewAdvisoryCommittee | 2016-12-05 | 5 | Approved Minutes December 5, 2016 Member Schrader noted that CPI since 1980 has increased 3.3% per year. He stated that raising the rent to $1,500 calculates to around a 2.2% annual rent increase or 2/3 of the CPI increase. Based on these numbers, Schrader also stated that $1,500 rent appeared reasonable. He noted that it appeared that the landlord was willing to be flexible to resolve this issue. He also stated that the people with the best understanding of what is reasonable rent are the tenant and the landlord. Chair Sullivan-Sariñana expressed concern for situations like this one where there is a long history of no rent increase and then a significant increase at once. He also noted concern that $500 may be an unaffordable monthly increase for someone on a fixed income and the Committee's role is to reduce harm to tenants and keep people in their homes. Member Griffiths brought up the subletting option, noting the difficulty that the tenant stated this was not a realistic option based on her health circumstances. He expressed the consideration and flexibility the landlord had with offering this option. Member Griffiths supported the rent increase to $1,500 with the option remaining open for the tenant to sublet rooms when her health improves. Staff noted the Committee members have the option of phasing a rent increase. Member Schrader suggested the Committee could use this option by raising the rent to what the tenant said was affordable and phasing a second rent increase later, allowing the tenant time to adjust to the increase. Member Friedman stated that there is an option for either party to appeal the decision of the Committee. The Committee recommended a rent increase of $200.00 to a monthly rent of $1,200.00, effective January 1, 2017 followed by a $300.00 increase to a monthly rent of $1,500.00, effective June 1, 2017. The Committee also strongly encouraged the landlord to allow the tenant the option to sublet available rooms in the apartment. Motion and second (Griffiths and Friedman). Approved by Me… | RentReviewAdvisoryCommittee/2016-12-05.pdf |
RentReviewAdvisoryCommittee/2016-12-05.pdf,1 | RentReviewAdvisoryCommittee | 2016-12-05 | 1 | Approved Minutes December 5, 2016 Minutes of the Regular Meeting of the Rent Review Advisory Committee Monday, December 5, 2016 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:35 p.m. Present were: Chair Sullivan-Sariñana; and Members Griffiths, Friedman, and Schrader. Absent: Member Vice-Chair Landess Vacancy: None RRAC Staff: Jennifer Kauffman 2. AGENDA CHANGES a. Staff recommended that items 7-B (Case 583), 7-C (Case 584), 7-D (Case 590), 7-E (Case 591), 7-F (Case 593), and 7-G (Case 595) be addressed first because tenants for the listed cases were not present. Approved by unanimous consent. Motion and second (Schrader and Griffiths). 3. STAFF ANNOUNCEMENTS a. Staff announced that there will be an event open to the public at the Alameda City Council Meeting on December 6, 2016 from 5pm to 8pm. Alameda residents will have the opportunity to speak with staff about specific issues relating to terminations and rent increases. b. The next Committee meeting will be Wednesday, January 11, 2017. More information is available at www.alamedarentprogram.org. c. This meeting has a new room arrangement with a private area for parties interested in discussing an agreement. d. Staff explained the schedule for the evening, noting where to find the meeting agenda and procedures for public comment. 4. PUBLIC COMMENT, NON-AGENDA, NO.1 a. No public comment. 5. CONSENT CALENDAR a. Approval of the Minutes of the November 9, 2016 Regular Meeting. Motion and second (Friedman and Schrader). Approved by Members Friedman, Griffiths, and Schrader. Chair Sullivan-Sariñana abstained. 6. UNFINSHED BUSINESS a. No unfinished business. 7. NEW BUSINESS Page 1 of 7 | RentReviewAdvisoryCommittee/2016-12-05.pdf |
RentReviewAdvisoryCommittee/2016-12-05.pdf,4 | RentReviewAdvisoryCommittee | 2016-12-05 | 4 | Approved Minutes December 5, 2016 consequence of Mr. Cervelli Sr. avoiding conflict and not increasing rent for a long period of time, noting eighteen years have passed since the previous increase. Parties also discussed maintenance issues and a 2015 notice of termination of tenancy that was dismissed in April 2016. Chair Sullivan-Sariñana stated that $2,000.00 is a very large increase for the tenant, but that the return on investment to the landlord is likely non-existent. Member Griffiths asked Mr. Cervelli what return on investment he needs to keep the apartment habitable and provide a fair return. Mr. Cervelli responded that an increase of $1,000.00 is close to what is needed. Member Schrader asked Ms. Alberts what she can afford to pay. Ms. Alberts responded that she receives fixed social security income and works a part time job. She said she could afford an increase of 5%. Member Friedman emphasized wanting to maintain Alameda's community. He also asked the tenant to consider if her income had increased over the 36 years she has resided in the unit. Chair Sullivan-Sariñana noted that there is one tenant in a three-bedroom unit. He asked Ms. Alberts if she had considered subletting the available rooms. She responded that she had not considered this option, except for family who previously lived in the unit. She noted that she feels her health issues limit her ability to handle the stress of subletting the rooms. Staff clarified that the case was nearly at its time limit. Staff reminded parties of their option to discuss privately in another room and parties agreed to discuss privately. The Committee motioned to table the item, approved by unanimous consent. Motion and second (Sullivan-Sariñana Griffiths). After private discussion, parties were unable to reach an agreement. Staff summarized the tenant and landlord's conversation to provide information for the Committee's binding recommendation: Tenant increased the amount she would be able to afford, ultimately stating that $1,200 is the maximum monthly incr… | RentReviewAdvisoryCommittee/2016-12-05.pdf |
RentReviewAdvisoryCommittee/2018-12-05.pdf,4 | RentReviewAdvisoryCommittee | 2018-12-05 | 4 | Approved Minutes December 5, 2018 10. ADJOURNMENT a. The meeting adjourned at 7:56 p.m. Respectfully Submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on January 23, 2019 Page 4 of 4 | RentReviewAdvisoryCommittee/2018-12-05.pdf |
RentReviewAdvisoryCommittee/2018-12-05.pdf,3 | RentReviewAdvisoryCommittee | 2018-12-05 | 3 | Approved Minutes December 5, 2018 Landlords: David Chui Proposed Rent Increase: $87.10 (4.9%), to a total rent of $1,849, effective November 16, 2018 Mr. Marcelin said he had lived in the unit for eight years. He discussed the history of rent increases at the unit, at least one of which had been reversed following staff review. Mr. Marcelin said he would agree to the requested increase if the landlord committed to adhering to Ordinance 3148 and improved the unit with utility efficiency upgrades. Mr. Chui said that they intend to comply with the Ordinance, and had remedied past errors. He said that they had AMP audit the property and AMP determined that some of the upgrades suggested by the Mr. Marcelin were unfeasible, but they would implement some improvements that they could. Some upgrades were already in-place, Mr. Chui said, such as dual-flush toilets to help save water. He said although the rent increase did not go into effect until November 16, 2018, the rent is always due on the first of the month, and therefore had the tenant pay a prorated increase for November on November 1, 2018, even though the effective date of the increase did not start until November 16, 2018. Mr. Marcelin said that he did not have a dual-flush or water-saving toilet, and he had an old refrigerator that used a lot of electricity. He said he hoped to have a long-term tenancy and establish a good relationship with the new landlord, as he had with his previous landlord. The parties agreed to the proposed increase of $87.10. 7-C. CASE 1183 - 442 1/2 Pacific Ave Tenants: Rasheed Shahbazz Landlord: Truyen Dang Proposed Rent Increase: $76.00 (5.0%) Effective date December 1, 2018 Staff called role a second time and Mr. Shabazz was still not present. The rent increase will therefore go into effect as noticed, or as otherwise agreed-upon by the parties. 8. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.2 Eric Strimling from the Alameda Renters Coalition welcomed and thanked the new RRAC members, Chiu and Johnson, as this was their first RRAC meeting.… | RentReviewAdvisoryCommittee/2018-12-05.pdf |
RentReviewAdvisoryCommittee/2018-12-05.pdf,1 | RentReviewAdvisoryCommittee | 2018-12-05 | 1 | Approved Minutes December 5, 2018 Minutes of the Regular Meeting of the Rent Review Advisory Committee Wednesday, December 5, 2018 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:45 p.m. Present were: Members Sullivan-Cheah, Johnson, and Chiu Absent: Vice Chair Murray and Member Griffiths Program staff: Greg Kats, Grant Eshoo City Attorney staff: John Le 2. AGENDA CHANGES Staff informed the Committee that the parties in Agenda Item 7-D came to an agreement prior to the meeting. 3. STAFF ANNOUNCEMENTS Staff announced it would call roll of the parties present at the beginning of New Business. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 Catherine from the Alameda Renters Coalition announced that free legal services for tenants were now being provided by Centro Legal de la Raza. 5. CONSENT CALENDAR 5-A. Approval of the minutes of the November 7, 2018 regular meeting The Committee agreed to table consideration of this item to a future meeting. 6. UNFINSHED BUSINESS None. 7. NEW BUSINESS Staff called roll of the parties present. All parties were present except the tenant in Agenda Item 7-C. Staff informed the Committee it would call roll again at the end of new business to see if the missing tenant had arrived. 7-A. Case 1149 - 3268 Briggs Ave., Apt. B Tenants: Stella Park Landlords: Calvin and Serena Wong Proposed rent increase: $300.00 (25.0%) to a total rent of $1,455.00, effective January 1, 2019 Page 1 of 4 | RentReviewAdvisoryCommittee/2018-12-05.pdf |
RentReviewAdvisoryCommittee/2018-12-05.pdf,2 | RentReviewAdvisoryCommittee | 2018-12-05 | 2 | Approved Minutes December 5, 2018 Ms. Wong informed the Committee that they had recently purchased the property. She said they wanted to improve the driveway, and obtained an estimate that it would cost $35,000. She said they were requesting the increase to help pay for improvements to the property. She said they were currently making about $180 income per year. Mr. Wong added that they would like to have a reserve fund for future expenses. Ms. Park stated that she understands why the landlords want to raise the rent, but her income had not increased by 25%, the amount they were asking for, or as fast as rents have gone up. She said she was hoping to discuss and negotiate the amount of the rent increase with the landlords and proposed a 10% increase, acknowledging that the landlords did not raise the rent the previous year. Member Johnson asked the landlords about the amount requested at this and other units on the property. Member Sullivan-Cheah asked the parties about the layout of unit and property as a whole. Ms. Park said no upgrades have been made to her property since she moved in but the unit was in good condition. Member Sullivan-Cheah asked the landlords what they thought of Ms. Park's offer of a 10% ($115.50) increase. The landlords countered with a $195 offer. Ms. Park said that her health insurance had gone up a lot and had substantial student loan payments. Ms. Park asked the landlords if they would accept a rent of $1,300. The parties could not reach an agreement and took their seats and the Committee began deliberations. Member Johnson said she thought the 10% increase offered by the tenant seemed fair, and also understood the landlords' income concerns. Member Chiu discussed each sides' perspectives and said he thought the tenant's last offer of $1,300 was reasonable. Member Sullivan-Cheah said that he understood $1,300 to be Ms. Park's upper limit of what she would be able to pay, and noted that Ms. Park's unit did not have some of the amenities that other units on the property had, such as balc… | RentReviewAdvisoryCommittee/2018-12-05.pdf |
RentReviewAdvisoryCommittee/2017-02-22.pdf,1 | RentReviewAdvisoryCommittee | 2017-02-22 | 1 | Approved Minutes February 22, 2017 Minutes of the Regular Meeting of the Rent Review Advisory Committee Wednesday, February 22, 2017 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:34 p.m. Present were: Chair Sullivan-Sariñana; Vice-Chair Landess; Member Griffiths Absent: Member Friedman Vacancy: Housing Provider member Program Administrator staff: Jennifer Kauffman City Attorney staff: Michael Roush Translation staff: Haiyan Chen 2. AGENDA CHANGES a. None. 3. STAFF ANNOUNCEMENTS a. The next Committee meeting will be Monday, March 6, 2017. More information is available at www.alamedarentprogram.org. b. Staff explained the schedule for the evening, noting where to find the meeting agenda and procedures for public comment. Staff noted there is translation at tonight's meeting and the Committee will adjust as needed. 4. PUBLIC COMMENT, NON-AGENDA, NO.1 a. No public comment. 5. CONSENT CALENDAR a. Approval of the Minutes of the January 24, 2017 Special Meeting. Vice-Chair Landess noted that she will abstain from this vote as she was not in attendance at the January 24, 2017 meeting. Staff recommends continuing this item to the next meeting until three members are able to vote on the item. Motion and second to continue this item to a future Committee meeting (Sullivan-Sariñana and Griffiths). Approved by unanimous consent. 6. UNFINSHED BUSINESS a. No unfinished business. 7. NEW BUSINESS 7-A. CASE 683 - 871 Oak St. Tenant: Merin Lund Landlord: Lori Hanson, Daniel Cheung Page 1 of 5 | RentReviewAdvisoryCommittee/2017-02-22.pdf |
RentReviewAdvisoryCommittee/2017-02-22.pdf,4 | RentReviewAdvisoryCommittee | 2017-02-22 | 4 | Approved Minutes February 22, 2017 Mr. Cheung offered to reduce his increase request to $300.00 (21.0%), for a total rent of $1,700.00. The tenants offered to pay $140.00 (10.0%) rent increase, for a total rent of $1,540.00. The tenants expressed concern about maintenance issues such as a leaking roof. The landlord clarified that he had fixed the roof but will re-inspect it immediately. The landlord explained that he is very invested in maintaining the property. Mr. Cheung explained that he does not have more room to negotiate because another unit in the building agreed to a rent increase. He expressed that he wants to be fair to all tenants and charge the same rent for all units. The tenants explained that they pay for water while the other tenants do not. Therefore, charging the same rent is not treating each tenant equally. Staff clarified that each unit has a separate rental history and a separate agreement around amenities. Therefore, reasonable rent is determined for each unit separately. The parties were unable to reach an agreement. Member Griffiths acknowledged that the current rent appears less than market rates. However, he noted that this rent increase is not consistent with the landlord's previous rent increase requests. While the landlord reduced his request from $450 to $300, Member Griffiths noted that $300 is still a significant jump to absorb at one time. Member Griffiths also stated that even though the tenant offered to pay a $140.00 (10%) increase, this amount of an increase is still very significant to absorb at one time. Therefore, he stated he would be most comfortable with a rent increase of $120.00 (8.6%). Chair Sullivan-Sariñana stated that this is a difficult situation with a very large rent increase following a long period of no increases. He noted that the original $450.00 increase request is not in line with the landlord's previous increases of $50.00 and $100.00. He explained that he believes the reduced offer to a $300 increase is also unreasonable. He explained that the purpose o… | RentReviewAdvisoryCommittee/2017-02-22.pdf |
RentReviewAdvisoryCommittee/2017-02-22.pdf,2 | RentReviewAdvisoryCommittee | 2017-02-22 | 2 | Approved Minutes February 22, 2017 Proposed Rent Increase: $1,000.00 (50.0%), effective March 15, 2017 This rent increase review was originally scheduled for the February 6, 2017 Rent Review Advisory Committee meeting. The review was postponed two weeks to the February 22, 2017 meeting. Staff researched the number of housing units on the property and determined that there is only one housing unit; therefore the rent increase is exempt from a binding decision. The tenant, Merin Lund, stated that there should be no rent increase. Ms. Lund stated that the rent increase is not warranted given the property's current condition. She also noted that the rent was raised $500.00 in March 2016 and $100.00 the previous fall. These previous increases have been a financial burden on her and she is not in a position to pay for an additional increase in the amount requested by the landlord. Additionally, Ms. Lund has several concerns regarding maintenance of the property. In July 2016, she said mold had been discovered in the unit and she remains concerned that the efforts to eliminate the mold have not been successful. Ms. Lund stated that she believes the large rent increase is in retaliation of her raising concerns about the mold to the landlord. She noted that she would prefer to live in a unit that was healthy for her family and that she does not have full use of the property because the landlord uses some space for storage and occasionally stays in a shed in the back of the property. Ms. Lund said that she has been a good tenant for the eight years she has resided at the property. The landlord, Ms. Hanson, stated that the rent increase will raise rent to comparable rates for similar units. The landlord noted that she considers rent of similar units to range between $3,000 and $3,200. She explained that the increase is also related to her interest in seeking a reasonable return on the property; currently, she noted that she has not yet made a profit on the property. In addition, Ms. Hanson explained the rent increase was ne… | RentReviewAdvisoryCommittee/2017-02-22.pdf |
RentReviewAdvisoryCommittee/2017-02-22.pdf,3 | RentReviewAdvisoryCommittee | 2017-02-22 | 3 | Approved Minutes February 22, 2017 Staff clarified the current base rent is $2,000.00. Ms. Lund explained that while it is possible for her to vacate in four months, she is concerned about owing back rent if she cannot vacate in time. Mr. Cheung suggested a full and early return of Ms. Lund's security deposit to facilitate the moving process. The parties were unable to reach an agreement. The Committee made the following non-binding decision: The $1,000 (50.0%) rent increase from $2,000 to $3,000, effective March 15, 2017, is delayed four months to provide the tenant the opportunity to search for new housing. Motion and second (Sullivan-Sariñana and Griffiths). Unanimous approval. 7-B Case 648.1 - 1715 Sherman St., Unit B Tenant/Public speakers: Ernest Yip and Cai Hong Zhang Landlord/Public speakers: Wai Cheung [with representative for translation] Translation staff: Haiyan Chen Proposed Rent Increase: $450.00 (32.1%) The tenants stated the reasonable maximum monthly rent increase should be $100.00 (7.1%). Mr. Yip explained that they have been willing to negotiate and offered the landlord a $120.00 (8.6%) rent increase. He explained that the proposed $450.00 increase would be a financial burden. He expressed concerns regarding his current job security and provided earnings statements to demonstrate only a small raise last year. The tenants noted that they currently pay for water and electricity in addition to rent. In addition, the tenants stated they do not believe it is fair to average the increases over the previous 10 years. The tenants also noted several maintenance issues, such as peeling exterior paint and mold concerns. The landlord, Mr. Cheung, explained that the rent had not been raised for 7 years. He explained that when all the increases are averaged over the entire tenancy, there is about a 2% increase per year. Mr. Cheung indicated that the rent increase is related to keeping up with costs of operation and inflation, such as utilities, maintenance bills, and property taxes. He explained that the pro… | RentReviewAdvisoryCommittee/2017-02-22.pdf |
RentReviewAdvisoryCommittee/2017-02-22.pdf,5 | RentReviewAdvisoryCommittee | 2017-02-22 | 5 | Approved Minutes February 22, 2017 in keeping rents affordable for Alameda residents and providing property owners a fair return on investment. The Committee's task is to find some balance between those tensions. Vice Chair Landess acknowledged that prior property management set an unsustainable precedent of not increasing rent. However, an increase of 32% ($450) is excessive. She stated that having more information on capital improvements would have helped justify such an increase. Without this information, she recommended an increase of $140.00 (10.0%). The Committee recommended a rent increase of $140.00 (10.0%) from $1,400.00 to $1,540.00, effective March 1, 2017. Motion and second (Sullivan-Sariñana and Landess). Unanimous approval. 8. PUBLIC COMMENT, NON-AGENDA, NO. 2. a. No public comment. 9. MATTERS INITIATED a. None. 10. ADJOURNMENT a. The meeting was unanimously adjourned at 8:52 p.m. Respectfully submitted, RRAC Secretary Jennifer Kauffman Approved by the Rent Review Advisory Committee on April 3, 2017. Page 5 of 5 | RentReviewAdvisoryCommittee/2017-02-22.pdf |
RentReviewAdvisoryCommittee/2019-02-25.pdf,6 | RentReviewAdvisoryCommittee | 2019-02-25 | 6 | Approved Minutes February 25, 2019 10. ADJOURNMENT The meeting adjourned at 8:14 p.m. Respectfully Submitted, RRAC Secretary Grant Eshoo Approved by the Rent Review Advisory Committee on May 1, 2019 | RentReviewAdvisoryCommittee/2019-02-25.pdf |
RentReviewAdvisoryCommittee/2019-02-25.pdf,1 | RentReviewAdvisoryCommittee | 2019-02-25 | 1 | Approved Minutes February 25, 2019 Minutes of a Special Meeting of the Rent Review Advisory Committee Monday, February 25, 2019 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:31 p.m. Present: Vice Chair Sullivan-Cheah; Members Chiu and Johnson Absent: Chair Murray Program staff: Grant Eshoo; Bill Chapin City Attorney staff: John Le 2. AGENDA CHANGES Staff called roll of case participants. The tenants for Agenda Items 7-A and 7-B were not present and moved to the end of the agenda. 3. STAFF ANNOUNCEMENTS None. 4. PUBLIC COMMENT, NON-AGENDA ITEMS, NO.1 Angie Watson-Hajjem from ECHO Housing provided information on ECHO's fair housing and landlord-tenant services. 5. CONSENT CALENDAR 5-A. Approval of the minutes of the February 4, 2019 regular meeting Motion and second to approve the minutes (Vice Chair Sullivan-Cheah and Member Johnson). Motion passed 3-0. 6. UNFINISHED BUSINESS None. 7. NEW BUSINESS 7-C. Case 1213 - 1825 Poggi St., Apt. A306 Tenant: Purereseren Tervee Landlord: Andy King | RentReviewAdvisoryCommittee/2019-02-25.pdf |
RentReviewAdvisoryCommittee/2019-02-25.pdf,2 | RentReviewAdvisoryCommittee | 2019-02-25 | 2 | Approved Minutes February 25, 2019 Proposed rent increase: $389.00 (24.7%), to a total rent of $1,964.00, effective March 1, 2019 Program staff explained that, while processing this case, they found that previous rent increases for this unit were invalid, and directed the current landlord to lower the tenant's rent to $1,575, the last valid amount, and refund the overpayment. The landlord's notice shows a $178 increase over the invalid amount the tenant had been paying, while staff's summary shows a $389 increase over the valid base rent. The total rent is the same in both cases. Mr. King clarified that the invalid rent increases were issued by the previous owner, but current ownership refunded the tenant as directed. He said that the current ownership has spent $4 million in the last year and a half on renovations including seismic upgrades, roofing, painting, and improvements to the grounds. He submitted a 2018 profit-loss statement for the entire four-building complex, showing the property was not profitable last year. The amount they are seeking from Mr. Tervee is still below what they estimate they need to charge per unit to break even. Mr. Tervee stated that he derives no benefit from the improvements to the outside of the property, and there have been no improvements inside his unit. He said he has complained to both the previous owner and current owner about issues with his bathtub, refrigerator, carpet, and parking space, and neither addressed his concerns. He said his income is the same as when he moved in six years ago. Member Chiu asked for clarification on the invalid rent increases and what Mr. Tervee had paid in the last year. Mr. Tervee indicated that he continued to pay the invalid amount on his most recent payment. Mr. King said that Mr. Tervee would be refunded any overpayment made in February 2019. Member Chiu asked Mr. Tervee what he would consider a fair increase. Mr. Tervee responded he is happy with $1,575. Vice Chair Sullivan-Cheah asked Mr. Tervee if, since his rent has been decreased an… | RentReviewAdvisoryCommittee/2019-02-25.pdf |
RentReviewAdvisoryCommittee/2019-02-25.pdf,3 | RentReviewAdvisoryCommittee | 2019-02-25 | 3 | Approved Minutes February 25, 2019 The parties were not able to reach an agreement, and the Committee began deliberations. Vice Chair Sullivan-Cheah noted that the Committee does not consider mortgage interest in evaluating operating expenses. He noted that the landlord is seeking a 10 percent increase over what the tenant had been paying, which is consistent with other increases at the property that have come before the Committee. Member Chiu noted that the unit has two bedrooms and $1,575 is low compared to comparable units at this property and nearby. He said because the tenant had been able to pay $1,786, that amount should be a starting point for deliberations. Vice Chair Sullivan-Cheah noted that it was not the tenant's fault that they received a refund and rent decrease. He also noted that upgrades to roofs and seismic stability provide benefit to tenants even if they do not notice. Member Chiu suggested a total rent of $1,836, which would be 2.8 percent more than what the tenant had been paying. Vice Chair Sullivan-Cheah said that, while that would be a large increase over $1,575, the tenant had demonstrated a financial ability to pay $1,786 since 2017. Member Johnson expressed concern about setting a precedent for what would appear to be such a large increase over the valid base rent. She said she would support an increase over $1,786, but a small increase based on the tenant's stated difficulty in getting building management to respond to complaints. Motion and second for an increase of $261 to a total rent of $1,836, effective March 2019 (Member Chiu and Vice Chair Sullivan-Cheah). Motion passed 3-0. 7-D. Case 1214 - 1825 Poggi St., Apt. A304 Tenant: Raza Jasarevic Landlord: Andy King Proposed rent increase: $172.00 (10.0%), to a total rent of $1,894.00, effective March 1, 2019 Mr. King said that the ownership had made offers to tenants who voluntarily accepted rent increases. Options included replacing carpeting, replacing appliances, and a $1,000 gift card. Mr. King said this was an effort to reach a… | RentReviewAdvisoryCommittee/2019-02-25.pdf |
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