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November 6, 2018 — Elección General de California
Local

City of Oakland
Measure Y Ordinance - Majority Approval Required

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Resultados electorales

Se aprueba

88,065 votos si (58.37%)

62,820 votos no (41.63%)

100% de distritos activos (275/275).

Ordinance Amendment
— undefined

Shall the Measure amending Oakland's Just Yes Cause for Eviction Ordinance ("Ordinance") to: (1) remove the exemption for owner occupied duplexes and triplexes; and (2) allow the City Council, without returning to the voters, to add limitations on a landlord's right to evict under the Ordinance, be adopted?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Análisis del analista legislativo / Proposal

Barbara J Parker city attorney

 

CITY ATTORNEY’S IMPARTIAL ANALYSIS OF MEASURE _____

The Just Cause for Eviction Ordinance (“Ordinance”) (Oakland Municipal Code § 8.22.300, et seq.; also referred to as Measure EE) generally prohibits landlords from evicting tenants from residential rental units covered by the Ordinance without specified just cause grounds. This measure would remove the exemption for owner-occupied duplexes and triplexes, and make the Ordinance applicable to units in those properties. This measure would authorize the City Council to amend the Ordinance to add additional limitations on a landlord’s right to evict without voter approval. This measure also would remove provisions of the ordinance that a court decision invalidated.

Exemption for Owner-Occupied Duplexes and Triplexes

Currently, the Ordinance does not apply to owner-occupied duplexes or triplexes if the occupying owner has at least a one-third interest in the property because such units are exempt from the Ordinance. This measure would add owner-occupied duplexes and triplexes to the units that are covered by the just cause for eviction Ordinance. This change in the law would apply to units that are currently exempt and to any future duplexes and triplexes when one of the units becomes owner-occupied. As a result, this measure would require that landlords in owner-occupied duplexes and triplexes have just cause to evict tenants and comply with relocation requirements when they evict for owner move-in or repairs, unless some other exemption applies.

City Council’s Authority to Add Eviction Requirements

Because the Oakland voters adopted the Just Cause for Eviction Ordinance, they must approve any change to the Ordinance. The Ordinance specifies just cause grounds for eviction and provides additional prerequisites to evictions, such as providing proper notice. This measure would allow the City Council, without returning to the voters, to amend the ordinance to add additional limitations on a landlord’s right to evict, e.g., mandating compliance with certain rules and standards, such as, but not limited to, providing a proper notice.

This amendment would not allow the City Council to create new exemptions from the ordinance or modify existing exemptions, or create new just cause grounds for eviction.

Amendments Delete Invalidated Provisions and Authorize City Council to Amend the Ordinance to Comply with Changes in Law or Court

Invalidation of Provisions

This measure would delete the Ordinance provisions that the Alameda County Superior Court invalidated in 2006 (Kim v. City of Oakland, No. RG03081362). This measure also would authorize the City Council to amend the ordinance to delete

1


provisions that the courts invalidate and to comply with future changes in state or federal law.

 

The Oakland City Council placed this measure on the ballot. A “yes” vote for the measure will approve the Ordinance amendments described above; a “no” vote will reject the amendments. A majority vote (i.e. more than 50% of the votes cast) is required for passage.

 

Efectos fiscales

Oakland City Auditor

Currently, there are approximately 8,000 duplex and triplexes in the City of Oakland. It is estimated approximately half of those are owner-occupied and would fall under the Just Cause ordinance.  Per O.M.C. Section 8.22.500 (Rent Program Service Fee), fees are charged against residential rental units that are subject to either the Rent Adjustment Ordinance, the Just Cause for Eviction Ordinance, or both. Currently, the annual service fee is $68 per rental unit (of which owners may pass through one-half of the annual fee to the tenant). Under this Measure, we estimate the City would collect additional revenues between $612,000 and $748,000 annually. All funds collected would be designated to support the City’s Rent Adjustment Program and Just Cause operations and administration. The implementation of these regulations based upon current staff allocations would have an estimated start-up and annual cost consisting of salaries and benefits of: • Year one (includes start-up costs): $92,000. • Subsequent annual costs: $78,000 This Measure would go into effect ten (10) days after the vote is declared by Oakland City Council.  Disclaimer The Office of the City Auditor has not audited and, as such, has not validated the City of Oakland Housing and Community Development Department’s housing data and salary analysis that supports this Measure. References to this data in our independent analysis represent the best data available at this time.

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

“Protect All Oakland Renters. Close the Loophole.” Vote "YES" on Measure Y.
This May, Ms. Josephine Hardy, a 69-year old widow and grandmother living on a fixed income, was told that she had 60 days to vacate her Oakland home of 47 years. A new owner had bought Ms. Hardy’s building and was using the duplex-triplex loophole to remove all the tenants from her building. Before the landlord moved into one unit of her triplex, Ms. Hardy and all her neighbors were protected against arbitrary evictions under Oakland’s existing Just Cause for Eviction Ordinance. After the owner moved in, she immediately lost these protections and her landlord filed an eviction lawsuit for no cause.
If Measure Y passes, a new landlord could still select one unit of a building to live in, but the remaining tenants would retain their just cause for eviction protections, which protect them against eviction for no cause.
Ms. Hardy’s story is not unique. Every prospective landlord buying in Oakland can take advantage of the duplex-triplex loophole to push longtime tenants out and then re-rent their old units to newer, wealthier renters, who often pay two or three times more.
Measure Y is an important tool to address the housing crisis in Oakland. Placed on the ballot by unanimous vote of the City Council, Measure Y is a straightforward revision of the Just Cause for Eviction Ordinance based on what works to protect renters. Measure Y will:
• Protect all renters from displacement regardless of building size • Close a loophole presently abused by speculators and leading to displacement of long-term tenants
 
For more information: www.protectoaklandrenters.org
s/Libby Schaaf Oakland Mayor
 
s/Dan Kalb Oakland City Councilmember
 
s/James Vann Oakland Tenants Union, Founder
 
s/Gary Jimenez Service Employees Int’l Union (SEIU) local 1021, Political Vice-president

 

Argumento EN CONTRA

The more you KNOW, the more you want to vote NO!
The housing shortage is a real problem but this proposed measure it TOO EXTREME and does NOTHING to solve it.
This initiative would take control of your home away from you!
Currently, YOU decided who lives upstairs in your duplex or in the in-law unit downstairs. If your elderly mother or another family needs the second unit, you work it out with your neighbor who is also your renter. Instead, this measure would give your renter-neighbor every reason to hire attorneys, sue you , and run up thousands of dollars in legal bills and many months of delay. Just to recover your own home!
The existing Eviction Ordinance passed because it exempts owners that live in their duplex and triplex as having “a special relationship” with their renters. They live on the same property, often in the same house. It was true then. It still is.
Faced with even this threat, many small owners will just leave the market, making the housing shortage even worse.
If you could no longer control who lives in your home, would you continue to rent it out?
Would you endure the expense to build a granny unit, only to find out your backyard tenant will be granted a lifetime lease? Even Berkeley is voting now on restoring this exemption in order to create more housing.
Fewer available apartments will push rents even higher, harming even more renters.
Please tell the tenant attorneys that this extreme proposal might be good for their business. But it would be bad for Oakland.
Thirty years of tightening restrictions have dug a deep hole in the rental market. IT’S TIME TO STOP DIGGING!
Vote NO on Measure Y. It’s too extreme!
s/Georgia W. Richardson Homeowner
 
s/Vito Esposito Homeowner
 
s/Karen Francisco Homeowner
 
s/Homayoun Ghaderi Homeowner
 
s/Grant Chappell Homeowner

Refutación al argumento A FAVOR

 

Oakland voters passed a strong eviction ordinance 15 years ago.  It covers 95% of all rental properties in Oakland and has helped to stabilize rents and helped to keep many Oakland renters in their homes or apartments. 

 

The measure passed because it exempted small owners who live in their duples or triplex and rent out the other units(s). In fact, Oakland now encourages the building of granny units to increase affordable housing.

 

Adding new restrictions on small owners would virtually eliminate the building of granny units and many small owners will not rent a spare bedroom or apartment. 

 

Fewer available apartments will push rents higher, harming even more renters.  Existing homeowners will not be willing to endure the expense to build a granny unit.

 

The majority of small owners of duplexes and triplexes in Oakland are minorities, retirees, and people without other resources of income. Passage of Measure Y will discourage them from renting an extra apartment. Often this is the only way they are able to pay the mortgage and taxes.

 

The original exemption of small property owners was recognized as a way to keep small property owners in their own homes. This measure will force many small owners to take units off the market.

 

This proposal will make the housing crisis worse, not better. It is bad public policy and even Berkeley is moving to allow small owners an exemption. 

 

This measure is bad for homeonwers, bad for tenants and bad for housing.

 

Vote NO on Measure Y.

 

s/Vito Esposito

Homeowner

 

s/Homayoun Ghaderi

Homeowner

 

s/Karen Francisco

Refutación al argumento EN CONTRA

Keep Oakland housed. Please join us and "Vote Yes" on "Measure Y."

 

Measure Y is a fair and reasonable approach to Oakland's housing crisis that will extend just cause eviction protections to thousands of renters who are currently at risk of displacement and homelessness.

 

As illustrated in several news stories, speculative investors use eviction as a way of "capturing profit." See the June 25, 2018 local CBS story "Caught On Video: Oakland Realtors Coach Buyers On How To Profit From Tenant Eviction" about realtors coaching potential buyers on how to evict tenants from duplexes and triplexes in Oakland. Measure Y will close a loophole that is leading to a wave of evictions of long-term renters.

 

If Measure Y passes,, all landlords will continue:

 

1) To control to whom they rent;

 

2) To evict tenants for just causes such as failure to pay rent, owner move-in, family member move-in, failure to comply with the rental contract, nuisance or criminal activity.

 

3) Landlords who live in the same single family home or apartment unit as their tenants will continue to remain completely exempt from just cause for eviction restrictions under Measure Y.

 

Abroad community coalition--including Oakland Councilmembers, Oakland tenants' rights groups, faith leaders, homeowners, tenants, small landlords and labor--committed.to ending Oakland's housing crisis support Measure Y because we know that Oakland can do .a better job of protecting long-term residents and addressing the increasing rate of homelessness.

 

Keep Oakland housed. Please join us and "Vote Yes" on "Measure Y."
For more information:
www.protectoaklandrenters.org

 

NOEL GALLO

 

Oakland City Councilmember

 

JAHMESE MYRES

 

Oakland Planning Commission, Chairperson

 

CHRISTINA DURAZO

 

Causa Justa : Just Cause, Housing Director

 

CARROLL FIFE

 

Oakland Alliance of Californians for Community Empowerment (ACCE), Director

 

KATHERINE PETERS

 

Property Owners for Fair and Affordable Housing, Homeowner and Member

 

 

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