Alameda County Supervisors kick the can down the road on increased tenant protections. This time, stalling tactics worked in the favor of housing providers. 

We dialed into the February 27th Zoom meeting when the Alameda County Supervisors were scheduled to deliberate and invite public comments on a host of increased tenant protections and come to find out, there’s nothing to report.

That conversation never occurred, as Supervisor David Haubert deferred a set of proposals until March 26th. It’s well-established that board members can defer agenda items for up to two regular meetings, and the cloth cuts both ways.

We distinctly remember that Supervisor Keith Carson employed the same tactic of postponing the discussion when lawmakers were supposed to discuss the end of Alameda County’s eviction moratorium as the pandemic dissipated. Then, mostly small, mom-and-pop landlords waited hours to speak about their hardships and make the case for lifting a draconian ban on evictions only to find out they were muted.

When the matter was again up for consideration, protesters disrupted the forum, forcing Alameda County lawmakers to retreat into a closed session.

Read our earlier article: Tenant activists crash meeting of Board of Supervisors »

 

We thank Supervisor Haubert for taking a more thoughtful, deliberative approach in weighing the concerns of tenants and landlords without hastily modifying laws that would fall squarely on the side of tenant advocates in their relentless march towards new regulations for housing providers to follow.

What, exactly, is the topic of discussion? There are calls to do the following:

Increased relocation payments:

If the tenant is displaced through no fault of their own (no-fault eviction), relocation payments would be up to five months of contracted rent or HUD’s fair market rent, whichever is higher. That differs from the more favorable state law that mandates landlords merely pay relocation fees equal to one month’s rent.

Expansion of housing stock covered by protections:

Currently, tenants have to occupy the unit for one year to be protected by statewide rent and eviction controls. It is proposed that this time frame be shortened so that tenants need not wait a year to enjoy protections

More meddling with substantial renovations

We would like to believe that if a unit is upgraded, we can rent it out at a higher rate, but tenant advocates disagree. It’s submitted that when a unit is substantially renovated, it should be rented at pre-renovation rates.

As a reminder, state law will soon change on evicting a tenant because of a substantial remodel. Effective April 1, 2024, property owners must have their plans drawn up and permits issued before any work begins.

To add insult to injury, Alameda County housing providers would be slapped with a just cause fee to fund the program.

 

Mediation requirements may soon be coming

One proposal floating in Alameda County is to require mediation as an alternative dispute resolution method for renters and housing providers to air out an array of grievances. It’s been touted as a way to lower the temperature of disputes and divert cases from a backlogged court. Here are but a few areas that can lead to friction:

We are believers in communication between parties when possible. We do know that there are some landlords who are a bull in a china shop and whenever there is acrimony in the rental relationship, there can be no constructive dialogue, unfortunately.

  • Rental rate increases

  • Deposits

  • Habitability

  • Repairs and maintenance

  • Utilities

  • Occupants

  • Parking and storage facilities

  • Privacy

  • Quiet enjoyment

  • Use of common areas, etc.

We are firm believers in communication between landlords and tenants yet we do know that some landlords are a bull in a china shop and whenever there is so much acrimony in the rental relationship, the parties cannot have a constructive dialogue. This is where a third-party mediator may be helpful.

If mediation requirements come to pass - we think they will - keep in mind there will be another layer of notice and procedural requirements outlined here.

Of course, Bornstein Law will be paying close attention to legal developments throughout the Bay Area and will keep our community informed.