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Housing

Tenants Up the Ante in Fight for Renter Protections

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Oakland Councilmembers Rebecca Kaplan and Dan Kalb (standing behind Kaplan) spoke Tuesday at a rally in front of City Hall to demand legislation to increase tenant protections. Photo by Ken Epstein.
Oakland organizations that represent tenants are increasing the pressure on city government to pass legislation to close “destructive loopholes” in city law that allow landlords to displace long-term and low-income tenants.
“While there were large gains after the passage of Ballot Measure JJ (a tenant protection measure) in November of 2016, there remain loopholes, and speculating landlords have quickly exploited these,” said Leah Simon-Weisberg, managing attorney of the Tenants’ Rights Program at Centro Legal de la Raza.
Among the groups’ top issues are an “unprecedented” number of tenants who complain they are being evicted by landlords to move into the duplex or triplex where they live. Tenants are also complaining that landlords take advantage of a “substantial rehabilitation exemption” to raise rents significantly, even though the repairs were nothing more than normal building maintenance.
The tenants’ rights coalition held a rally Tuesday in front of City Hall to present a list of legislative demands to close these and other legal loopholes. Joining the organizers were City Councilmembers Rebecca Kaplan and Dan Kalb.
The coalition includes Centro Legal de la Raza, Association of Californians for Community Empowerment (ACCE), Causa Justa/Just Cause, East Bay Community Law Center, Eviction Defense Center, Oakland Warehouse Coalition, East Bay Asian Youth Center (EBAYC) and JDW Tenants’ Association.
One demand is to close the Substantial Rehabilitation loophole that allows landlords to exempt units from rent control after alleging they have substantially improved the property.
Said Marlon Jones, a tenant who is a member of the JDW Tenants’ Association, “I have lived in my apartment for 38 years.  My landlord purchased the property way under market during the foreclosure crisis.  He has completed some repairs, but the unit was always occupied and was never in such bad conditions that we could not live here.
“There is no reason that I should lose rent control and just cause protections.  If this property is exempted, I will become homeless.”
Another legislative demand would amend the law that creates an owner-occupied duplex/triplex exemption from Rent Control and Just Cause Protection.
Josephine Hardy, long-time tenant of an Oakland triplex said, “I have lived in my unit for 46 years.  Once the landlord moves into the triplex where I live, he will be able to evict me requiring no just cause, and he does not even have to provide any relocation.”
The coalition also wants to change existing law so landlords are required to pay relocation assistance for all no-fault evictions, including when a landlord raises the rent above 10 percent and the tenant is forced to move within 12 months of the increase.
“My landlord owns eight single family homes that he purchased.  We have had no repairs, and last month he served us all 60-day notices stating that he was going to double our rent as of November 1, 2017,” said Norma Sanchez, a member of ACCE.
According to Jonah Strauss, executive director of the Oakland Warehouse Coalition, action must be taken not just to pass new ordinances but also to ensure that city departments, the City Administrator and the City Attorney enforce them.
Pointing to the growing problem of landlords evicting tenants by “falsely claiming” owner occupancy, Councilmember Kaplan said, “It is incredibly important that we continue to push. Both to make sure that the laws we pass are implemented and make sure that we close loopholes that are being abused.”
She said she wants to modify the law so that claims of owner occupancy “have to be documented.
“We have to do what we can to close the loopholes, said Councilmember Kalb. “What you are hearing now is a commitment of at least some of us on the council … to get these new amendments passed as soon as possible. We can do it over the next few months.”
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Bay Area

Mayor London Breed: State Awards San Francisco Over $37M for Affordable Housing

On April 30, Mayor London N. Breed announced San Francisco has been awarded more than $37.9 million in funding from the California Department of Housing and Community Development (HCD) as part of the State’s Multifamily Housing Program (MHP). The HCD loan will provide the final funding necessary for development of Casa Adelante – 1515 South Van Ness, a 168-unit affordable housing project located in San Francisco’s Mission District.

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San Francisco Mayor London N. Breed (File Photo)
San Francisco Mayor London N. Breed (File Photo)

By Oakland Post Staff

On April 30, Mayor London N. Breed announced San Francisco has been awarded more than $37.9 million in funding from the California Department of Housing and Community Development (HCD) as part of the State’s Multifamily Housing Program (MHP).

The HCD loan will provide the final funding necessary for development of Casa Adelante – 1515 South Van Ness, a 168-unit affordable housing project located in San Francisco’s Mission District.

The new development at 1515 South Van Ness Ave. will provide 168 affordable homes to low-income families, formerly homeless families, and persons living with HIV earning between 25-80% of the San Francisco Area Median Income (AMI).

In addition, the project is anticipated to provide family-friendly amenities and ground floor community-serving commercial spaces that preserve the prevailing neighborhood character of the Calle 24 Latino Cultural District.

“This funding unlocks our ability to move on building affordable housing units for families in San Francisco at a crucial time. We understand the level of need for more housing that is accessible, and like the state, the city continues to face a challenging budget cycle,” said Breed. “1515 South Van Ness is a good example of what can be achieved in San Francisco when you have strong community partnerships and an unwavering commitment to deliver on critical needs for our residents.”

“From the beginning of my term as Supervisor, I have fought to bring affordable housing to 1515 South Van Ness” said Supervisor Hillary Ronen.  “In the interim, the site has been utilized for homeless services and shelter, and I am thrilled that HCD has recognized the value of this development, and we are finally ready to break ground and bring 168 affordable homes to low income and formerly homeless families in the Mission.”

Owned and occupied by McMillan Electric Company until 2015, the City and County of San Francisco purchased 1515 South Van Ness Avenue in June 2019 with the intent of developing new affordable housing.

In November 2020, the San Francisco Mayor’s Office of Housing and Community Development (MOHCD) released a Multi-site Request for Qualifications (RFQ) seeking qualified developers to build affordable housing on the site, and subsequently selected Chinatown Community Development Corporation (CCDC) and Mission Economic Development Agency (MEDA) in May 2021 to develop the site.

The project is expected to begin construction in winter 2025.

“A strong, long-term push by Mission advocates to make this site 100% affordable is now paying off, with 168 family units that include services and childcare. People of color communities know what they need, and we are excited to be in partnership with a team, consisting of MEDA, CCDC, and MOHCD, that listens,” said Malcolm Yeung, Executive Director at CCDC.

“We are excited to be in partnership with CCDC, yet again, and for the opportunity to develop intergenerational affordable housing in the City’s Mission District,” said Luis Granados, executive director at MEDA.

Increasing housing affordable to lower-income and vulnerable residents is a key priority in the City’s Housing Element which calls for additional funding for affordable housing production and preservation, as well as Mayor Breed’s Housing for All Executive Directive that sets out the steps the City will take to meet the bold goal of allowing for 82,000 new homes to be built over the next eight years.

Tuesday’s funding announcement emphasizes the importance of regional and state collaboration in order to reach our housing and climate goals.

“We are thrilled—not just to bring a project of this size to a community with great need — but to do so with community-based developers and their partners who understand the neighborhood and sensitivities around cultural preservation,” said HCD Director Gustavo Velasquez.

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City Government

Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

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Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.
Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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Alameda County

An Oakland Homeless Shelter Is Showing How a Housing and Healthcare First Approach Can Work: Part 1

Hundreds of tents and abandoned vehicles now dot major streets and neighborhoods of the Bay Area. Unfortunately, this problem is expected to worsen as the housing market skyrockets and the cost of living becomes unattainable for most Americans.

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Oak Days shelter, once a Days Hotel, resides in the Hegenberger corridor of Oakland. It is used as a temporary home to 60 residents who have experienced chronic homelessness or are medically vulnerable. Photo by Magaly Muñoz.
Oak Days shelter, once a Days Hotel, resides in the Hegenberger corridor of Oakland. It is used as a temporary home to 60 residents who have experienced chronic homelessness or are medically vulnerable. Photo by Magaly Muñoz.

By Magaly Muñoz

Hundreds of tents and abandoned vehicles now dot major streets and neighborhoods of the Bay Area. Unfortunately, this problem is expected to worsen as the housing market skyrockets and the cost of living becomes unattainable for most Americans.

As one of California’s biggest public policy challenges, over the past four years, the state has allocated nearly $20 billion to housing and homelessness initiatives. Despite this substantial investment, the issue does not seem to be easing. Instead, the number of people without stable housing is surging.

A 2022 Point In Time (PIT) Count showed that there were 9,747 homeless individuals living on the streets in Alameda County, an almost 22% increase from the 2019 count of 8,022 homeless individuals. Many reports estimate that this number will rise once the 2024 data is released.

Amongst the many initiatives to end homelessness, the 2016 Senate Bill 1380 established California as a “housing first” state that would provide assistance, programs and funding to those experiencing homelessness. The bill recognized that the evidence-based model of prioritizing housing could end all types of homelessness and is the most effective approach to ending chronic homelessness.

In the years following the passage of the law, doctors, county officials and a community organization came together to create a first of its kind shelter to combat homelessness with housing and healthcare: the Oak Days shelter. Located in the Hegenberger corridor of Oakland, this facility, once a Days Hotel, now houses 60 individuals, some who are medically fragile.

As local counties navigated how to isolate people during the start of the COVID-19 pandemic in 2020, the state obtained federal funding to begin Project Roomkey, an initiative providing non-congregate shelter options, such as hotels and motels for people experiencing homelessness, to protect life and minimize strain on the healthcare system.

Dr. Alexis Chettiar, a medical director in Alameda County, witnessed firsthand how the coronavirus disease took over the lives of the most vulnerable populations who were too sick to remain stable unless they had hands-on supportive health care and permanent housing.

She also noticed a trend of medically vulnerable individuals with psychiatric illnesses or substance abuse issues being expelled from nursing homes, often ending up in encampments or unsheltered conditions.

This observation would inspire her, along with fellow medical director Catherine Hayes, to start Cardea Health, supported by county funding.

“What we really wanted to do was to be able to layer on the medical services to a permanent supportive housing environment so that people could age in place, they could stay there, no matter how their care needs change over time. They could stay there through the end of their life,” Chettiar said.

Cardea Health provides medical and personal care for almost 60 patients across two sites. One of these sites is an Old Comfort Inn that was also transformed into a shelter for those experiencing homelessness and chronic illnesses. The medical team assists with tasks such as injecting insulin, administering dialysis, helping patients use the restroom or get dressed.

Chettiar shared that she’s seen people as young as 40 years old with health-related issues mimicking that of an 80-year-old. Some individuals had untreated wounds that led to infections or chronic illnesses that went untreated for years, leading to immense suffering before they were able to receive medical attention.

The harsh conditions of living on the streets have exacerbated what could’ve been manageable situations, into a full-blown health crisis that ultimately put them on the priority list for Cardea’s health assistance.

UCSF Benioff Homelessness and Housing Initiative conducted a survey of 3,200 people to study who is experiencing homelessness, how they became homeless, what their experiences are and what is preventing them from exiting homelessness.

Data from those surveys showed that 45% of those experiencing homelessness reported poor or fair health and 60% reported having a chronic illness. Participants also reported that being homeless worsened their physical and mental health.

Of those experiencing health problems, 23% couldn’t access necessary healthcare in the prior six months. Additionally, 38% visited emergency departments without hospitalization and 21% reported a hospitalization for a physical health concern.

Chettiar stated that the work at Cardea is intended to reduce hospital visits for those living on the streets, providing essential care where it’s needed most.

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