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Op-Ed: 20 Steps City Council Can Take to Stop Displacement in Oakland Now

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By James E Vann

 

 

 

Oakland’s present rental and affordable housing crisis — which is particularly catastrophic for renters — is not new. Since the late 1970s, crisis conditions have been acknowledged by successive city councils.

 

Unfortunately, the distinguishing characteristic of the Oakland City Council, today and in previous times, has been that hearing after hearing and proposal upon proposal, the City Council has almost never taken appropriate action.

 

 

The crisis has reached catastrophic proportions, and there are many potential actions the council should consider immediately:

 

 

1. Enact immediately a resolution declaring a “State of Emergency” in rental housing with moratoriums on rent increases and no-cause evictions until effective protections for tenants are put in place.

 

2. Rescind and immediately replace Oakland’s current landlord-written Rent Adjustment Program with a proven Rent Control program. This change would virtually eliminate tenant petitions and workload backups and would finally establish equity and fairness in tenants/landlord relations.

 

3. Establish a cost to evict. Charge landlords $500 for each no cause, owner convenience, or “cash for keys buy-out” eviction; and $200 for each for-cause eviction. Use fees for a fund to assist tenant hardships due to the disruption of moving and relocation.

 

4. Require mandatory mediation between landlords and tenants be integral to the existing filing of three-day, seven-day and 30-day notices of “intent to evict” — and prior to filing “Unlawful Detainers.”

 

5. Implement immediately a stand-alone housing only impact fee of at least $20,000 for each unit in new residential developments, and for each 5,000 square feet of nonresidential development. Deposit fees in the Affordable Housing Trust Fund.

 

6. Strictly conform to the policy of “Public Land for Public Good.” Prioritize nonprofit housing developers for construction of affordable housing on appropriate city-owned lands.

 

7. Define “affordable housing” to require inclusion of at least five percent of units to be available to households at 15 percent to 30 percent of an area’s median income.

 

8. Require uniform compensation for each of the city’s four programs that authorize eviction, in addition to evictions caused by owner-elective improvements. Assure adequate compensation for evicted households for costs of moving, relocation, and resettlement.

 

9. Immediately implement the Condominium Conversion Ordinance, which already has been thoroughly reviewed and legally vetted but remains mysteriously stalled in City Council.

 

10. Enact the provisions of the Tenant Protection Ordinance, which were stripped by City Council from the ordinance at the time of its adoption in 2014.

 

11. Make it illegal for owners to deny receiving tenant rent payments. This ploy is used to evict innocent tenants.

 

12. Establish a fee for property speculation. The current practice of flipping rental properties creates enormous unmerited profits. The City should assess a two percent speculation fee of the sales price for any transaction that occurs within three years of a previous transfer.

 

13. Fund homeless housing and services programs with proceeds from speculation assessments.

 

14. Accumulate, land bank, and stockpile city-owned, purchased, surplused, or tax-forfeited properties to benefit affordable housing.

 

15. Lease stockpiled residential land and properties, or provide at no or low cost to the Oakland Community Land Trust, the only type of new housing that remains permanently affordable and within the financial capability of Oakland residents.

 

16. Stockpile city industrial and warehouse buildings suitable for conversion and low-cost lease as artists’ coops or for low-cost sales to Oakland artists.

 

17. Provide an option to developers of making 20 percent of proposed units affordable or, alternatively to pay an equitable “in-lieu” fee of at least $200,000 per unit into the City’s Affordable Housing Trust Fund for each new market-rate housing unit.

 

18. Establish hardship rental assistance for seniors and households on fixed income. Require that CPI and other prospective increases be held in suspension by landlords until a future date. Consider limiting to 50 percent approved pass-thru rent increases to tenants who have resided in their units for ten or more years.

 

19. Help tenants purchase homes or condominiums by designating a part of the city’s Affordable Housing Trust Fund for matching grants for tenants who desire to make a shared purchase, and who agree to restrict the price at resale.

 

20. Monitor owner move-in evictions within the first two years to identify owner ploys and deceptions, carried out with intent to evict existing tenants. When deceptions are found, the City Attorney should sue for triple punitive damages for city and tenant, in addition to reimbursing losses to the tenant.

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Bay Area

Oakland Finishes Final Draft of Downtown Specific Plan for Potential City Improvements

In late March, Oakland’s city administration announced the final draft of their Downtown Specific Plan, a blueprint for city improvements and developments over the next 20 years. The comprehensive 474-page plan lays out policies for downtown developments that will increase economic, social and cultural, and communal opportunities for residents and workers who frequent this essential hub in Oakland.

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Skyline aerial view of the urban core of downtown Oakland, California. Credit to MattGush, iStock
Skyline aerial view of the urban core of downtown Oakland, California. Credit to MattGush, iStock

By Magaly Muñoz

In late March, Oakland’s city administration announced the final draft of their Downtown Specific Plan, a blueprint for city improvements and developments over the next 20 years.

The comprehensive 474-page plan lays out policies for downtown developments that will increase economic, social and cultural, and communal opportunities for residents and workers who frequent this essential hub in Oakland.

Several departments over the course of eight years developed the plan, with two phases that emphasized a need for community input from local stakeholders, such as leaders and residents, and a focus on the role of social and racial equity in past and future developments.

Throughout the extensive plan, the concept of equity for marginalized communities is embedded with each goal and priority for the improvements to downtown. It acknowledges that social and racial barriers are preventing these communities from thriving on an equal playing field.

The authors identified six key disparities, or ‘equity indicators’, that set the baseline for how success will be measured for the improvements. These indicators include the burden of housing costs, homelessness, displacement, disconnected youth, unemployment rate and median income.

The plan is also broken up into chapters, each describing a major issue or topic that is plaguing downtown residents and workers, such as mobility, culture preservation, community health and sustainability, and land use and urban design.

Within each chapter, the authors dedicate a section to the impacts of the COVID-19 pandemic for the various areas of interest, illustrating how disparities and inequities increased before and after the disease’s peak.

Two major issues highlighted in the plan are economic opportunity and housing and homelessness. Both of these issues have been aggravated by the pandemic and require substantial support and resources to move forward.

Many reports coming out of the commercial and residential districts downtown have blamed the rise in crime and cost of living as reasons for leaving Oakland for other cities or closing down indefinitely.

The plan attributes rising rents of both residential and commercial properties to the displacement of local businesses and entrepreneurs. Downtown also has an imbalance in the jobs to housing ratio, which limits access to jobs as commuting distances increase.

Other concerns for the local economy are barriers to employment opportunities for workers of color, non-English speakers, and those with limited access to transportation. As stated in the plan, downtown also has a lack of vacancies near public transit hubs, such as BART, bus stops or ferry terminals, which could save workers money and time for their commutes into the city.

According to the downtown plan, the average unemployment rate for the white population was 5.9%, but the Asian population was at 6.7%, and for the Black population it was even higher at 10.4%.

The proposed solutions for the lack of economic prosperity include providing assistance to local businesses owned by people of color, reinforcing downtown as the ‘place to be’ for nightlife entertainment, and building businesses closer to public transit.

The addition of over 18.3 million (m) sq. ft. of new commercial space, 1.3m sq. ft. of new institutional space, and 500,000 sq. ft. of new industrial space, could potentially create almost 57,000 jobs downtown.

Housing and homelessness, issues closely tied to economic prosperity, are top concerns for Oakland residents. High rents have led to displacement and homelessness for those unable to keep up with the rising costs of the Bay Area.

Over 5,000 people are currently experiencing homelessness in Oakland, according to 2022 Point In Time data. 60% of this population is Black despite only making up nearly 20% of the total city population.

The plan explains that by adding nearly 29,000 new homes and expanding affordable housing units across the city by 2040, this would help alleviate the stress of obtaining and affording a home.

Strategies proposed to tackle the housing and homelessness crisis include increasing renter protections, providing additional shelters and services for homeless residents, and promoting homeownership in downtown with first-time buyer assistance and proactive assistance to vulnerable homeowners.

The plan acknowledges that the implementation of changes and developments amongst the several concerns outlined in the document will take time, both in short and long term periods.

To better explain how and when each project will be addressed over the course of the next two decades, a detailed 123-page graph shows which agencies, potential funding sources, and costs come with the goals.

The Oakland Planning Commission and Landmarks Preservation Advisory Board will each hold public hearings regarding the final draft of the Downtown Plan in May and June.

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City Government

LAO Releases Report on Racial and Ethnic Disparities in California Child Welfare System

Racial inequalities in California’s child welfare system disproportionately impact poor Black and Native American children, according to a report released April 3 by the nonpartisan Legislative Analyst’s Office (LAO). The report, which was presented to the Assembly Subcommittee No. 2 on Human Services — chaired by Assemblymember Corey Jackson (D-Moreno Valley) — states that the proportion of low-income Black and Native American children in foster care is four times larger than other racial and ethnic groups in the state.

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“Racial and ethnic disproportionality and disparities are present within initial allegations and persist at all levels of the system -- becoming the most pronounced for youth in care,” the report states.
“Racial and ethnic disproportionality and disparities are present within initial allegations and persist at all levels of the system -- becoming the most pronounced for youth in care,” the report states.

Racial inequalities in California’s child welfare system disproportionately impact poor Black and Native American children, according to a report released April 3 by the nonpartisan Legislative Analyst’s Office (LAO).

The report, which was presented to the Assembly Subcommittee No. 2 on Human Services — chaired by Assemblymember Corey Jackson (D-Moreno Valley) — states that the proportion of low-income Black and Native American children in foster care is four times larger than other racial and ethnic groups in the state.  Half of the children from each racial group has experienced some level of child welfare involvement before reaching legal age.

Jackson is a member of the California Legislative Black Caucus.

“Racial and ethnic disproportionality and disparities are present within initial allegations and persist at all levels of the system — becoming the most pronounced for youth in care,” the report states.

The disparities have persisted over the last decade across the state, the LAO found, adding that Black children living in poverty are more likely to enter foster care. State data shows that there is a correlation between poverty and foster placement in each county.

“Throughout all levels of the child welfare system, families experiencing poverty are more likely to come to the attention of and be impacted by the child welfare system,” stated the report.

Overall, the report revealed that more than half of the families affected by the state child welfare system earn $1,000 per month, significantly less than the national average of $5,000 a month.

The financial disparities highlighted in the LAO report align with existing research indicating that poverty is among the main factors contributing to the likelihood of child maltreatment. State anti-poverty programs include cash aid, childcare subsidies, supportive housing, and nutrition assistance.

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California Black Media

Commentary: Finding the Right Balance — Addressing Organized Retail Theft While Upholding Civil Liberties

Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process. AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld.

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Assemblymember Tina McKinnor (D-Inglewood)
Assemblymember Tina McKinnor (D-Inglewood)

By Assemblymember Tina McKinnor | Special to California Black Media Partners

Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process.

AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld. This bill allows law enforcement officers to make warrantless arrests for shoplifting offenses not witnessed by the officer, as long as there is reasonable cause to believe the individual committed the crime. This bill has a dangerous potential for overreach and infringes on civil liberties, particularly the right to due process.

While the stated intention behind the STOP Act is to combat organized retail theft and protect businesses, there are valid concerns that this bill is an overreach and that existing law works, if properly enforced by our partners in law enforcement. A petty theft involving property stolen valued at $950 or less may be charged as a felony or misdemeanor (called a wobbler) if the offender has the following prior convictions:  1) at least on prior petty or theft-related conviction for which a term of imprisonment was served, and 2) a prior conviction for a serious or violent offense, for any registerable sex offense, or for embezzlement from a dependent adult or anyone over the age of 65.  A misdemeanor can result in a sentence of up to one year in jail, whereas a felon can mean incarceration for 16 months, two years or three years.  Let’s look at shoplifting in California.  It occurs when a suspect enters a store, while that establishment is open, intending to steal property worth less than $950.  The crime is considered a misdemeanor, punishable by up to six months in the county jail.

Granting officers the authority to arrest individuals based on reasonable cause, without witnessing the crime firsthand, can lead to negative consequences and possible violations of individual rights. Probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for the courts to issue a search warrant. A grand jury uses the probable cause standard to determine whether or not to issue a criminal indictment.  The principle behind the probable cause standard is to limit the power of authorities to conduct unlawful search and seizure of a person or its property, and to promote formal, forensic procedures for gathering lawful evidence for the prosecution of the arrested criminal.  Reasonable cause does not require any of this due process and only requires that an officer reasonably believes that a crime has been committed. It is essential to find a middle ground that effectively addresses organized retail theft without compromising the fundamental rights of individuals.

California’s current laws, including the use of witness statements and surveillance evidence are sufficient for addressing suspected shoplifting and organized retail theft. California Attorney General Rob Bonta recently prosecuted Michelle Mack, a suspected organized smash and grab ringleader who paid twelve women to travel around California and commit over $8 million in retail theft at 21 different stores. AG Bonta used California’s current laws to have the suspect arrested and brought to justice.

The State of California is also making significant investments to address retail theft. Just this past year California invested an additional $267 million to combat organized retail theft. It has been less than a year and our law enforcement partners should have the opportunity to address this recent spike in retail theft crime.

Los Angeles County recently applied for and received a grant for the State of California for $15.6 million dollars to address retail theft enforcement.  LA District Attorney George Gascon also recently formed an organized retail task force that partners with LA County Sheriff’s Department, Glendale, Beverly Hills, Burbank, Torrance and Santa Monica Police Departments to integrate their response to retail theft across the region. These collaborative efforts, such as those seen in initiatives like the organized retail task force in LA County, demonstrate the importance of a united approach to tackling theft while maintaining a balance between enforcement and civil liberties.

As we move forward, it is essential for policymakers, law enforcement agencies, businesses and communities to work together in finding solutions that effectively address organized retail theft without encroaching on individual rights. Ongoing evaluation and a commitment to thoughtful consideration will be crucial in navigating this challenge and fostering a safe and prosperous environment for all. Balancing the scales of justice to protect businesses while upholding civil liberties demands a comprehensive and conscientious approach from all stakeholders involved.

I am confident we can find that balance.

About the Author 

Assemblymember Tina McKinnor (D-Inglewood) represents the 61st District in Los Angeles County, which includes parts of the South Bay, Inglewood, Hawthorne and Lawndale.

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