July 2005
California Apartment Association (CAA) gathered together about 1,000 rental housing providers for its annual Legislative Day at the State Capitol on Tuesday, May 17, 2005. The group lobbied elected officials for their support or opposition to certain legislation that was pending. A few of the legislative priorities this year have been:
- AB 438 (D-Parra): CAA supports the bill, which seeks to clarify and update Megan's Law in order to allow rental-housing providers to use the Megan's Law database to protect residents from dangerous sex offenders.
- AB 769 (D-Horton): CAA is in support of this bill, which will authorize local governments to seek, and the court to order, mandatory educational courses for rental-housing owners who fail to comply within a reasonable time with an order to correct violations that are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered.
- SB 51 (D-Kuehl): CAA opposes this bill that seeks to make permanent the 60-day notice requirement for the termination of a month-to-month tenancy. Prior to 2002, both owners and tenants were required to provide a 30-day notice when they wished to terminate the tenancy. But in 2002, legislation was passed that requires owners to provide any tenant who has lived at the property for one year or longer a 60-day notice if the owner wishes to terminate tenancy. If SB 51 does not pass, the law will revert back to the 30-day notice requirement (in January 2006).
“We met with Assembly Speaker Pro Tempore Leland Yee, State Senator Carole Migden, and Assembly Member Mark Leno's staff,” says Janan New, executive director of SFAA. “The leadership at CAA felt it was a very successful day.”
Support SFAA—New Online Tenant Credit Checks
SFAA is here to support you—now we're asking for your support to ensure our continued financial stability. Please use our online tenant screening service offered by Credit Bureau Associates (CBA). We've always offered this service at our office, but now you can go directly online to www.cbacredit.com and instantaneously conduct tenant credit checks and eviction searches. The service provides an Experian credit report in a reader-friendly format for only $10. Please keep in mind that California state law allows you to charge prospective tenants up to $35 to run a background screening. So please run your credit checks through CBA and SFAA—we want to continue to provide you with the best service we can. Call Ted Tallase at SFAA for more details or to enroll, 415-225-2288
Connect, Learn and Network:
Mark Your Calendars for July 27-29, 2005
What: Real Estate Connect (Real Estate Technology Conference of the Year)
Where: Palace Hotel 2, New Montgomery Street, San Francisco
When:
Wednesday, July 27, 2 p.m. - 5 p.m.
Thursday, July 28, 8 a.m. - 5 p.m.
Friday, July 29, 8 a.m. - 12 p.m.
Why: Real Estate Connect attracts a broad spectrum of executives, opinion leaders and press to discuss a combination of traditional and cutting-edge topics related to real estate and technology, affording tremendous opportunity for new business development, information exchange and debate. Visit www.inman.com for conference details.
MiniFestiva 2005:
Going, Going, Gone—Call to Get Your Space Now!
Don't miss out on a fun event and a great chance for networking, marketing and getting in front of many property owners! We've only got 42 spaces and they're going quickly—call now to ensure your spot—the deadline is August 15. This year's theme is tamales; businesses can choose from four sponsorship types—from a $200 regular participant level to the $3,000 “Whole Enchilada” package (with premier stage space, co-branding, promotional material and signage, etc.).
When: September 19, 2005, 6 p.m.
(deadline to reserve space: August 15)
Where: Fort Mason Center, Building A, San Francisco
Make sure you're there to mingle, strengthen relationships and make new contacts. Tables will be reserved on a first-come, first-served basis. Call Jennifer Finlay, MiniFestiva coordinator, at 415-255-2288 ext. 10, to reserve a table or for more information.
$3 Flat Handling Fee for SFAA Forms & Packages
Due to financial constraints, the San Francisco Apartment Association (SFAA) had to look very closely at administrative costs. The cost of sending forms to our members includes stuffing envelopes, addressing labels, taping, ink for postage meters, staff time, etc. Therefore, in an effort to control costs,
SFAA incorporated a flat handling fee of $3.00 for all form shipments. We want you to know we do our very best to minimize our office expenses—we keep minimal office supplies and watch every penny. Please help support SFAA by paying the $3 handling fee when a shipment is made from us. Please note: you are welcome to come by the office and pick up the forms in person, thereby eliminating the shipping and handling fees.
Recycling Batteries and Other Toxic Materials
The SF Department of the Environment offers great tips on properly managing hazardous wastes. Please be aware that the city offers a variety of recycling centers and drop-off locations for toxic materials. For example, you can recycle batteries (including alkaline and rechargeable batteries) by dropping them off at many facilities throughout the city, including all Walgreens stores. Visit www.sfenvironment.com for more information, or call the Toxic Materials Disposal Hotline at (415) 554-4333. Some facilities will not accept rechargeable batteries, so check the list first. Additionally, see their fact sheet, which lists household toxic products and some less toxic alternatives.
Gloria Chan, spokesperson for San Francisco's Department of the Environment, says, “We've really seen a big increase in the battery recycling collection since Walgreens came on board in 2002—that's made it very convenient.”
FEHC Awards $167,486
This spring, the State's Fair Employment and Housing Commission (FEHC) awarded $167,486 in a sexual harassment and hate violence case against an East Bay landlord.
Following a three-day hearing, the Department of Fair Employment and Housing (DFEH) concluded that Kurt Bottoms violated the Fair Employment and Housing Act by subjecting his female employee and tenant to both quid pro quo—“something for something”—and a hostile work environment. He also violated the Ralph Civil Rights Act, California Civil Code section 51.7, which prohibits violence or threats of violence against persons or property because of their sex. Bottoms threatened the complainant and her family with harm if she did not accede to his demands for sex, and he also stalked and intimated her. The FEHC's order requires Bottoms to pay $100,000 to the complainant to compensate her for emotional distress and $12,486 in lost wages, as well as a $25,000 civil penalty for violating the Ralph Act. He was also ordered to pay a $30,000 administrative fine directly to the State's General Fund.
“It's a clear message that this behavior won't be tolerated,” says Janie Siesf, Assistant Deputy Director, Program and Policy Development at DFEH. “If we're doing our job right, we're not only here to litigate these cases but also to educate the public and try to prevent this kind of behavior.”
Condo Controversy at Board of Supervisors
The Board of Supervisors recently rejected the conversion into condominiums of a six-unit North Beach apartment building. Section 1386 in the Subdivision Code gives the city the power to reject condo conversions if “evictions have occurred for the purpose of preparing the building for conversion.” According to an article in the San Francisco Examiner, pro-tenant Supervisor Aaron Peskin received a city legal opinion that Section 1386 applies to the Vallejo Street building and that the rejection vote indicated that the city would begin enforcing Section 1386. (For more information, please read this month's column TIC Corner).
On June 7, the Board overturned its decision and reinstated the conversion. Only Supervisor Daly voted against reinstatement.