Case Studies and Strategies for Serving Diverse Renter Populations

311 for Cities – Oakland, California

April 2016Prepared for: National Resource Network | 311 for Cities – OaklandPrepared by: Enterprise Community Partners, Inc. | Frances Wang

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS

Case Studies and Strategies for Serving Diverse Renter Populations

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS

CONTENTS

Overview 4

Case Study Summary #1: Los Angeles 6

Case Study Summary #2: Berkeley, Calif. 7

Case Study Summary #3: Seattle 8

Case Study Summary #4: New York City 9

Case Study Summary #5: Boston 10

Recommendations for Oakland to Provide Better Services for Tenants 11

Appendix A: Summary of Legal Causes to Evict a Tenant in Oakland 17

Appendix B: Report Sources and References 20

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS

This report is not specifically about strengthening tenant protections even though that is an important and related topic. Rather, it provides a set of examples and recommendations about how to treat policies and services as one system with an

emphasis on providing clear information and helpful services. How policies are communicated, and what and how services are provided can help minimize confusion, misinformation and frustration. Moreover, the five case studies presented here will show that, by carefully designing services from a user-experience perspective and to match policies, whether provided centrally by a city or in direct partnership with local partner providers, good services can efficiently prevent evictions.

CHALLENGE

Oakland is currently generating unprecedented possibilities for economic growth, job creation and new investment in the public realm. The change is palpable. Not only is the region’s population growing, Oakland is increasingly becoming a desirable place to own or rent a home. However, there is more demand for housing than there is supply. This creates pressure on housing prices in every part of town, on every housing type and for every income group.

Many consider Oakland to be a city that adequately protects renters because it has some key policies in place. Under Oakland’s Just Cause for Eviction Ordinance, for example, a landlord may only lawfully evict tenants for strict reasons such as failure to pay rent, breach of lease and willful and substantial damage to the premises beyond normal wear and tear (a list of all reasons can be found in Appendix A). Additionally, the current rent adjustment ordinance sets a reasonable pace and degree by which landlords may increase

OVERVIEW

OVERVIEW

In October 2015, the Housing and Community Development Department of the city of

Oakland, California, submitted a request through the National Resource Network’s 311 for

Cities requesting information on the characteristics of the good practices around the country

for city agencies to provide services to their renter populations. The request resulted in a

“heavy” 311 response. The following report was researched, developed and shared with the

city by the Network to highlight case studies of how cities around the country are providing

renter services and offers recommendations to the request city on strategies to better serve its

renter population.

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS OVERVIEW

rents. However, there are some confusing exceptions to both of these laws that are not widely understood. Despite having some renter protections in place, much of Oakland’s rental housing stock is becoming increasingly unstable for many renters due to the housing shortage.

Furthering the problem, the city is not able to adequately support the growing cases of tenants and landlords seeking answers and resolution to their questions, issues and challenges in a timely manner. While there is passionate and knowledgeable staff, and the city has contracts with excellent service providers to extend its reach, the city is simply not up to the task. With a chronic backlog in these systems, both tenants and landlords are poorly served because they do not have a reliable and straightforward way to get the help they need to navigate the policies and resources already in place. Hence, many longtime residents are leaving Oakland all together – taking with them the skill sets, culture and diversity that makes Oakland a unique and great city.

INSPIRATION AND SUMMARIES

Oakland can borrow ideas from other places and tailor them to its needs. The Renters’ Rights and Services Work Group – a focus group of the Oakland Housing Implementation Cabinet – suggested the following five case studies to the Network.

1. Los Angeles

2. Berkeley, Calif.

3. Seattle

4. New York

5. Boston

The case studies are summarized in this document. Internet-based references are provided in Appendix B.

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS CASE STUDY SUMMARY #1: LOS ANGELES

Over 60 percent of Los Angeles residents live in rental housing. Los Angeles has very stringent rules and regulations under its Rent Stabilization Ordinance, which protects certain tenancies from excessive rental increases, evictions without just

cause and sudden, unfair, changes by the landlord in the terms of a tenancy.

The Los Angeles Housing and Community Investment Department (HCIDLA) offers a wide range of services to its renter population to ensure that renter’s rights are protected, that renters know where to go for help, and that renters are living under safe conditions. To serve its renters, HCIDLA has a well maintained website that offers information regarding renter’s rights and the various programs and services provided by the city and its partners. The website is extremely comprehensive, but the user will need a bit of orienting and patience to navigate the layers of information.

HCIDLA, through its comprehensive website, offers an online service delivery and request/complaint submission system for renters. This online system is supported by additional resources, such as:

• City-operated public counters throughout the Los Angeles

• In-person information workshops for tenants to learn about the Rent Stabilization Ordinance (RSO)

• Designated language-sensitive hotlines (separate hotlines for rental/housing questions, fair housing issues and domestic violence/crisis situations)

• Referral services (legal aid and counseling)

• Walk-in locations for addressing fair housing issues (administered in partnership with Southern CA Housing Rights Center)

• Regular RSO bulletins that are published by the city

All these resources, and more, can be found on the HCIDLA website under “Renters.”

Rapid rehousing of homeless individuals is handled by the Los Angeles Homeless Authority, which services all of LA County and operates a hotline during business hours. It also offers referrals to nonprofits that offer immediate services and 24 hour hotlines.

CASE STUDY SUMMARY #1: LOS ANGELES

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS CASE STUDY SUMMARY #2: BERKELEY, CALIF.

Over 57 percent of Berkeley residents live in rental housing. The city of Berkeley, California, has progressive and pro-renter policies. It also has an extremely active and involved Rent Stabilization Board, which is composed of nine elected

commissioners, whose role is to enact regulations, hear petition appeals and administer a program to implement the Berkeley Rent Stabilization and Eviction for Good Cause Ordinance. The ordinance regulates most residential rents in Berkeley and provides tenants with protection against unwarranted evictions. It is meant to maintain affordable housing and preserve diversity in the community.

The Rent Stabilization Board operates the renter page under the city of Berkeley website and offers a variety of events and services such as housing counseling, workshops and seminars, and outreach activities for landlords, renters and UC Berkeley Students. The Rent Stabilization Board webpage is an extremely valuable resource for the renter in Berkeley. The board also has regular office hours that individuals can visit with questions and complaints. Services in Spanish and Chinese are offered.

The website itself offers information on a variety of topics such as how to register your unit, tenant’s rights, rental control laws and tenant-landlord mediation services. Berkeley also has a stringent deadline for registering a rental unit and there is a 100 percent penalty for late registration (annual registration fee is $213). As a result, the Rent Stabilization Board has a well-maintained database of all rental units in the city. Renters can search the database for rent ceilings and other information about rental units in the city.

To ensure the quality of housing, the Berkeley Housing Code Enforcement works in two ways:

1. Owner self-certifies the unit, and the city inspects it.

2. The renter submits a request for service on the webpage, and the city responds with an inspection.

There has been recent criticism of Berkeley’s Rental Housing Safety program, with residents demanding proactive, cyclical inspections, rather than having inspections triggered only when there is a compliant.

Berkeley has a local Tenant Relocation Ordinance that prevent tenants from being permanently displaced if they must vacate their unit temporarily while repairs are completed for code compliance reasons. The ordinance requires the unit owner to allow the renter to move back into the unit once repairs are completed, and to provide financial compensation to tenants to mitigate the costs associated with being temporarily displaced.

CASE STUDY SUMMARY #2: BERKELEY, CALIF.

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS CASE STUDY SUMMARY #3: SEATTLE

Renters make up over 50 percent of residents in the Seattle, another city experiencing rising rents. However, Seattle, and the rest of Washington State, does not have rent control laws; therefore protection for tenants against rent increases and evictions

are much weaker in Seattle than in the Los Angeles market.

Unfortunately, the city of Seattle does not have the mechanism to enforce tenants’ rights nor does it have a role in the eviction process. Even though the city does provide a variety of online resources and referral services for renters, it does seem that there is heavy reliance on local housing organizations and the programming and referral services of the Tenants Union to provide services to the renter population.

In terms of services provided by the city, Seattle’s Department of Planning and Development does enforce habitability of a residential rental unit and have an online code violation submission function. The website of Seattle Office of Housing offers information on renter’s rights (in various languages) and rental assistance programs. Funded by the Seattle Housing Levy, the Rental Assistance Program, managed by the Human Services Departments, and administered by nonprofit housing agencies throughout the Seattle area, provides support to income-qualified families and individuals who are dealing with back rent, facing an end to other rental subsidies or deal with habitability issues.

Fair housing issues are handled by the Seattle Office for Civil Rights, which works with the city’s Office of Housing and the mayor’s Housing Affordability and Livability agenda to develop policies to address barriers to housing. Tenants can file a discrimination complaint directly on the city’s website or call and visit the city’s Office for Civil Rights during regular business hours.

The Tenants Union of Washington State is an active and valuable resource for renters living in Seattle as it runs Tenant Education and Organizing workshops, operates a tenant rights hotline, offers walk-in clinics and additional resources and referral services to legal aid.

CASE STUDY SUMMARY #3: SEATTLE

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS CASE STUDY SUMMARY #4: NEW YORK CITY

Renters make up over 67 percent of residents in New York City. However, New York City’s extreme high cost of housing is a major contributor to its record high number of homeless individuals and families facing homelessness. In response, New York

City offers a wide variety of programs to combat homelessness and prevent evictions run by the city and in partnership with local nonprofits. Anti-eviction programs run by the city include Homebase, One Shot Deal, Family Eviction Prevention Subsidy and CityFEPS, all of which target individuals and families at the brink of homelessness and/or already experiencing homelessness.

New York City has rent control and rent stabilization ordinances that apply to certain tenancies that are regulated by the New York State Homes and Community Renewal (HCR) and the Rent Guidelines Board. These entities determine the amount landlords may increase rents, and tenants are encouraged to call HCR for more information. The website of NYC Housing Preservation and Development (HPD) is a clearing house for tenants to report issues and complaints online or via 311 regarding habitability and fair housing, seek information regarding their rights (multiple languages) and obtain referrals to free legal assistance.

The city’s Housing Preservation & Development department run a series of Housing Quality Enforcement Programs. HPD inspectors may place violations on the building, perform emergency repairs and levy fines against the building owner, or even bring the owner to Housing Court. Complaints can be filed by using 311Online, calling 311 or bringing a case to Housing Court. A tenant can bring a case against a property owner in Housing Court to force them to make repairs and provide essential services, like heat and hot water. The city and local nonprofits provide Housing Court assistance programs such as Housing Court Answers, Court Navigator Program, DHS Legal Representation and Right to Counsel to help tenants navigate the system and provide legal representation.

From 2006 – 2011, New York City enacted an ambitious rapid rehousing plan as part of its effort to reduce homelessness. Intended to reduce family homelessness, rapid rehousing policies actually had the opposite effect in New York City. Families that were living doubled-up or in substandard housing saw the program as an opportunity to secure new and better housing and entered the shelter system in order to get in line for subsidies. This placed heavy burden on an already overburdened shelter system. In addition, the rate at which rehoused families returned to the shelter system increased, indicating that families are being moved into housing before they have the ability to maintain it. For more information, see the case study from the Institute for Children, Poverty & Homelessness.

CASE STUDY SUMMARY #4: NEW YORK CITY

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS CASE STUDY SUMMARY #5: BOSTON

Rent control was abolished in Massachusetts in 1994, which means landlords can now charge rents at market rates. Rents cannot be increased during the term of a lease, but tenants-at-will can be given rent increases at any time as long as the

landlord provides a proper written 30-day notice terminating the current tenancy and offering a new tenancy at a higher rent. Fortunately, Boston has a strong networking of tenant outreach organizations including the Boston Tenant Organization and City Life/Vida Urbana, which have played a key role in working with renters to prevent evictions, negotiate rent increases and procure legal services.

The city of Boston’s Department of Neighborhood Development operates a website that has a specific section for Rental Resources. The page is easy to navigate. Under the Rental Resources section, there are simple pages for The Boston Rental Housing Center, The Good Neighbors Handbook, What Landlords/Tenants/Students Need to Know, and a page for Frequently Asked Questions (FAQ). The FAQ page distills complex Boston rental laws into quick and easy to understand information.

The city of Boston operates the Boston Rental Housing Center, an entity that provides advice, information and assistance to Boston renters and landlords with questions and rental housing issues. It offers mediation services free of charge, provides information on tenants and landlords rights, and publishes a free, well-used information guide called The Good Neighbors Handbook. The Good Neighbors Handbook seems to be the most comprehensive, user-friendly tool provided by the city to help residents understand the complex landlord/tenant laws in Boston. The handbook can be viewed online by section. It is written in straight-forward, easy to understand language. However, the handbook does not address fair housing issues and does not offer a list of referrals or resources for other housing assistance agencies or legal aid organizations.

The Boston Fair Housing Commission investigates and enforces fair housing throughout the city. It conducts outreach and education programs for housing providers and publishes fair housing materials. It also offers referrals to homeless program partners, tenant assistance programs and legal services. It also operates “Metrolist,” which provides a variety of housing services to Boston residents that include rental search, housing counseling, locating rental assistance programs and referrals to other housing and human service agencies. Users complete an intake form on online in order to submit a request for service and then meet with a case counselor.

CASE STUDY SUMMARY #5: BOSTON

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS RECOMMENDATIONS FOR OAKLAND

To better serve its renter population, the city should consider the following:

1. Consider all aspects of the rental property laws and services as a system and design it as such.

a. Perform an in-depth scan of the relevant city departments, boards and commissions, and their role in an overall system, and determine a point of contact for the city coordinating between these roles efficiently.

b. Perform a comprehensive scan of the relevant local organizations that are currently providing housing assistance, housing counseling and legal aid services. The city should vet and conceive of these services and entities as a group, help them coordinate with the city, establish a point of contact at each organization, compile contact and program information and make the list easily available both on the website and at an in-person service location.

c. Support and promote the efforts of local tenant organizing groups to prevent unfair evictions, negotiate rent increases and procure legal assistance. City support could be framed in the context of tenant outreach, tenant education or homeless prevention (McKinney-Vento).

2. Minimize confusion by clarifying and communicating the laws for renters and landlords.

a. Communicate the law in the most straightforward and succinct way possible – in multiple languages.

b. Develop a user-friendly, comprehensive and simple website specifically targeting renters that includes easily digestible information regarding basic renter’s rights (available to download in appropriate languages) and the various programs and services provided by the city and its partners.

i. The website should include a Frequently Asked Questions (FAQ) page written in simple language and a page dedicated to referrals to other partner organizations (homelessness prevention, housing assistance, legal aid, etc.).

ii. Establish an online submission system via the website to triage and track questions, requests and complaints related to habitability and fair housing issues.

iii. Be clear how to access services – who, what, where, when and how.

RECOMMENDATIONS FOR OAKLAND TO PROVIDE BETTER SERVICES

FOR TENANTS

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS RECOMMENDATIONS FOR OAKLAND

c. Establish a multilingual rental hotline to serve as a clearing house to answer basic questions regarding renter’s rights and to offer referral services to legal aid or other housing assistance organizations for more complicated matters (such as eviction and fair housing).

d. Establish a 24-hour multilingual hotline to assist individuals facing housing crisis or experiencing domestic violence to promote rapid rehousing and receive appropriate help. If establishing an emergency hotline is not possible, the city should have on its website referrals to local organizations and existing hotlines that provide these services so that individuals can be served as soon as possible.

e. Staff these means of communicating and working with tenants and landlords adequately and appropriately.

f. Partner or contract with local tenants unions, housing organizations and legal aid organizations in order to provide renters with more comprehensive services that the city does not have the internal capacity to provide.

3. Enforce the law.

a. Put systems in place to enforce current ordinances in order to restrict excessive rent increases and prevent unfair changes in the terms of a tenancy.

b. Partner or contract with local tenants unions, housing organizations and legal aid organizations in order to provide renters with more comprehensive services that the city does not have the internal capacity to provide.

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS RECOMMENDATIONS FOR OAKLAND

Los Angeles Berkeley, California

Rent Increases If unit is subjected to Rent Stabilization Ordinance (RSO) and increase is greater than 3%, approval from the city is required. Landlords can apply for increase online on city’s website.

The Rental Stabilization Board is responsible for setting the annual allowable rent increase. For 2016, the allowable increase for eligible landlords is 1.5%.

Evictions If unit is subjected to RSO, the tenant can file complaint online, and city is required to investigate the legality of the eviction. It’s up to tenant to seek legal action. There is an extensive list of legal referrals on the city website.

Rent Stabilization Board Counselors help parties understand their rights in an eviction, but it’s up to the renter to find its own legal representation. A list of legal referrals is available on the city website. Berkeley’s “Measure Y” prohibits the eviction of tenants for owner or relative move-in under certain conditions, which offer additional protection for renters.

Habitability Habitability issues are enforced by the LA Department of Public Health, Environmental Health. Code violations can also be reported online at the city webpage or at an in-person public counter location.

The Rental Escrow Account Program (REAP) is used to resolve persistent health and safety and habitability issues in rental properties in the city.

In addition, LA’s HandyWorker Program helps low-income senior renters install safety and security devices.

As part of the Rental Housing Safety Program, the owners certify to the city Housing Code Enforcement Office that units meet basic safety standards. The city then inspects these units. As part of the Housing Inspection Program, renters file complaints, and the city acts in a demand-response manner. Inspections usually take place 10 working days after communication with owner and tenant. Tenant files a Request for Service on the Housing Code Enforcement Website.

Fair Housing The city contracts with the Southern CA Housing Rights Center to run a city-wide fair housing program. Complaints can be filed online, via the hotline or at the walk-in clinics.

City of Berkeley Partners with the East Bay Community Law Center to provide renters assistance in fair housing issues.

Methods of Service Delivery

City website, online request/complaint submissions, hotlines, Public Counters, RSO Bulletins, partnership with nonprofit (fair housing issues, legal aid, etc.)

Rent Stabilization Board website, online tenant inspection request submissions, Rent Stabilization Board office hours, referrals to nonprofits (fair housing issues, legal aid, rapid-rehousing, etc.)

Hotline • Fair Housing Hotline• Multilingual 24-hour crisis/domestic violence

hotline• Compliant or Renter’s Rights Hotline• MyLA 311• LA Homeless Response hotline

N/A

The chart below outlines the scope of renter services that are offered in the high cost cities of Los Angeles; Berkeley, Calif.;

Boston; New York City; and Seattle. The chart aims to broadly answer the categories of questions that Oakland had posed.

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS RECOMMENDATIONS FOR OAKLAND

Los Angeles Berkeley, California

Staffing HCIDLA and other city staffNonprofit staffHotline staff

Rent Stabilization Board Commissioners (City)Rent Stabilization Board Housing Counselors (City)Housing Code Enforcement office (City)Nonprofit staff

Funding RSO Registration fee and additional sources Unit registration fee and additional sources

Rental Units Registration

RSO units must be registered. Annual Registration fee of $24.51/unit and $43.32/unit for the Systematic Code Enforcement Program.

$213 annual registration fee with 100% penalty for late registration.

Rapid Rehousing Handled by the county of Los Angeles Homeless Services Authority (LAHSA), homeless individuals can call the LAHSA hotline. A list of immediate services provided by nonprofits, service centers and hotlines are provide on the LAHSA website.

The city of Berkeley provides a variety of Permanent Housing Supportive Services and Transitional Housing programs through partnership with local nonprofits.

Tenant Relocation

Tenant Relocation Assistance Program helps to assist displaced “no-fault” tenants find new housing. HCIDLA also contracts with an outside entity to help tenants determine if they are entitled to any relocation compensation.

Berkeley’s Tenant Relocation Ordinance prevent tenants from being permanently displaced while repairs are being done on their unit for code enforcement reasons. City of Berkeley Housing Department’s Central Relocation Office (CRO) is responsible for assisting with tenant relocation issues.

Boston New York City Seattle

Rent Increases There is no rent control in Boston, therefore landlords may charge rents at market rates. Rents cannot be increased during the term of a lease, but tenants-at-will can be given rent increases at any time as long as the landlord provides a proper written 30-day notice terminating the current tenancy and offering a new tenancy at a higher rent.

The New York Rent Guidelines Board determines rent increases for lease renewals of rent stabilized units.

There is no rent control in Seattle; therefore there are no restrictions for rent increase other than the required 60-day written notice if increase is more than 10% in a 12-month period.

Evictions In Boston, a tenant cannot be evicted without a court order. To evict a tenant the landlord must first terminate the tenancy and then obtain the court’s permission to take possession of the unit. However, the city website pertaining to evictions does not offer referrals to legal aid or counsel.

The city operates a variety of eviction/rental assistance programs including Homebase, One Shot Deal, Family Eviction Program and CityFEPS, all of which target individuals and families at the brink of homelessness and/or already experiencing homelessness.

The city does not play a role in the eviction process. However, it does require written eviction notices from landlords. City runs a Rental Assistance Program in partnership with local housing nonprofits to assist tenants facing housing crisis. City also provides referral to the King County Bar Association Housing Justice Project, which provides pro bono services to low-income tenants.

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS RECOMMENDATIONS FOR OAKLAND

Boston New York City Seattle

Habitability Inspections are conducted by the Rental Inspection Program staff every five years. However, when there is a new tenant, the unit must be re-inspected. There is a $50-75 fee for inspection, and landlord may pass half of the cost onto tenants. Non-compliant owners will be subjected to a $300 fee per month.

The city’s Housing Preservation & Development Department (HPD) operations a series of Housing Quality Enforcement Programs. HPD inspectors may place violations on the building, perform emergency repairs, and levy fines against the building owner, or even bring the owner to Housing Court. Complaints can be filed by using 311online, calling 311 or bringing a case to housing court. The city and local nonprofits provide Housing Court Assistance programs to help tenants navigate the system and provide legal representation.

The Seattle Department of Planning and Development (DPD) enforces the habitability of a residential rental unit. It responds to complaints by visiting the unit in question and determining whether it meets code requirements. Penalties for most code violations are $150 for the first 10 days and $500 per day thereafter. Its website offers a list of code enforcement rules and ordinances in 12 languages. When further help is needed, renters are directed by the website to call and visit the DPD Code Compliance Office in person.

Fair Housing The Boston Fair Housing Commission is charged with protection of fair housing in Boston. It conducts outreach and information sessions and also offers referrals to homeless program partners, tenant assistance programs and legal services. It also operates “Metrolist,” a housing clearinghouse system.

The NYC Commission on Human Rights (CCHR) and the NYC Department of Housing Preservation and Development (HPD) are charged with providing and protecting fair housing in New York City and have developed a joint website of resources to address fair housing issues. Complaints can be filed with the Law Enforcement Bureau of the NYC Commission on Human Rights via phone or in person.

Issues are handled by the Seattle Office for Civil Rights. Complaint filed directly on the city’s website. Tenants are encouraged to call or visit the Seattle Office for Civil Rights during regular business hours.

Methods of Service Delivery

City of Boston Websites, online service request via “Metrolist,” 311, Good Neighbors Handbook

City websites, online request/complaint submissions, 311, partnership with nonprofits, clinics (eviction prevention, Housing Court assistance, etc.)

City websites, online request/complaint submissions, tenant’s rights hotline, partnership with nonprofits (tenant rights workshops, legal aid, Rental Assistance Program, etc.)

Hotline 311 NYC 311311 Online

Tenant’s Rights Hotline (run by Tenants Union of Washington State)

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS

Boston New York City Seattle

Staffing Boston Department of Neighborhood Development, Inspections Services Department, Boston Fair Housing Commission (City)

DHS, HPD, CCHR, HRA staff (City)Nonprofit staff

DPD, Office of Civil Rights staff (City)Nonprofit staff

Funding Registration Fee and other sources City taxes and additional sources City of Seattle General Fund, The Seattle Housing Levy and CDBG Block Grants

Rental Units Registration

All private rental units must be registered annually by the Inspectional Services Department. Initial registration fee is $25/unit and renewal fee is $15/ unit. Non-compliant owners will be subjected to a $300 fee per month.

All units subjected to Rent Stabilization must be registered online using the Owner Rent Regulation Application system (ORRA). Owners must also complete the Annual Rent Registration Online (ARRO) to register their units to keep track of rent increases.

All rental units must be registered. City charges only a late registration fee of $20.

Rapid Rehousing Administered by the Massachusetts Housing and Shelter Alliance (MHSA) via the ESG Rapid Re-housing Program. It’s a collaboration between MHSA and HomeStart, a homelessness prevention nonprofit.

As part of NYC’s 2005-2011 rapid rehousing policies, subsidies were provided to families in shelters to be rehoused. This actually destabilized the shelter system and inadvertently increased homelessness in the city.

Seattle is a “housing first” city. Funds are provided to selected nonprofits via RFP to provide Rapid Rehousing and Housing First programs. Individuals are asked to dial 211 for initial assessment.

Tenant Relocation

Tenant relocation fees are only applicable when owners convert rental units into condos. Tenants who voluntarily vacate their units during the notice period and are current in their rent are entitled to a relocation benefit from their landlords.

If building must be vacated due to a code enforcement issue, tenant should contact the NYC State Division of Housing and Community Renewal (DHCR) to ensure right to return once building is repaired and to obtain relocation stipend if available.

Seattle’s Tenant Relocation Ordinance requires developers to pay relocation assistance to low-income tenants under specific conditions. Owners/developers will share equally the payment of $3,340 relocation fee to low-income residents.

RECOMMENDATIONS FOR OAKLAND

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS APPENDIX A

APPENDIX A:

SUMMARY OF LEGAL CAUSES TO EVICT A TENANT IN OAKLAND

LEGAL EVICTIONS

Oakland is a “Just Cause” city, which prohibits a landlord from evicting tenants without good or just cause. This ordinance was established under the guiding notion that “Oakland’s prolonged affordable housing crisis disproportionately impacts low-income and working-class households, senior citizens, people of color and people with disabilities,” as stated in Section 8.22.300 of the Oakland Municipal Code. As such, there are only 11 just causes for eviction:

1. Failure to pay rent. If you fail to pay rent that is legally due, the landlord must first issue a written request for you to pay and give you a period of no less than three days to do so. However, if you are withholding rent in compliance with an applicable law, you’re in the clear.

2. Breach of the lease. It is important to note here that any terms in your lease that are contrary to the law are unenforceable and void. So if there’s a clause in your lease that says you must vacate the unit whenever your landlord says so, this is illegal and will not hold up in court.

3. Failure to sign a lease extension that is materially the same as the original lease.

4. Willful and substantial damage beyond normal wear and tear. If this is the case, you still have the right to live there. You will only be evicted if you don’t cease the damage, repair it yourself or pay for repairs after receiving written instructions from your landlord to do so.

5. Disorderly conduct that destroys the peace and quiet of other tenants and continues after written notice to stop.

6. Use of the premises for an illegal purpose including the manufacture, sale or use of illegal drugs. Recently, sex work was controversially added to this list.

7. Continued denial of landlord access to the premises in accordance with state law, Civil Code section 1954.

Source: Oakland Local http://oaklandlocal.com/2015/01/know-your-housing-rights-part-2-eviction/

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8. The owner wants to repossess the house to live there. This is a tricky one, and there are many clauses that go along with it, including rights to tenants over the age of 60, those with serious illness and long-time residents. If you find yourself in this situation, be sure to read this section carefully.

9. The owner wants to repossess the house for his or her spouse, domestic partner, child,

parent, or grandparent to live there. Again, this is a tricky one. Read closely!

10. Temporary relocation for three months for substantial repairs. These repairs cannot simply be cosmetic. They must be necessary to bring the property into compliance with codes and laws affecting health and safety, and the owner must have received all permits before a notice to vacate is given.

11. The owner seeks to permanently remove the unit from the housing market. This is also known as an Ellis Act eviction and has its own slew of legalities.

EVICTION PROCESS

Being evicted is not as simple as a landlord writing you a letter telling you to leave. According to the California Department of Consumer Affairs, a landlord must file an unlawful detainer lawsuit, which is just a lawsuit he or she must win before eviction is legal. The landlord cannot evict you any other way, but must go through the court system.

This process moves fairly quickly, usually complete within 20 days. If you are served with a summons, you have five days (unless you have valid reason for being unable to respond in this time period) to file a written response by the correct legal document (available online) to the Clerk of Court in which the lawsuit was filed. Note that the filing fee here is $180, but you can apply for a fee waiver. Once the proper documents are filed, a court date will be set. If you fail to respond at all, the case automatically goes in favor of the landlord.

At the hearing, both you and your landlord present your evidence and explain your case. Be prepared to be thorough. Before the hearing, you may request “discovery,” or information/evidence known to your landlord about the case. Gather witnesses, letters, documents, photographs, video or any other evidence to support your case, and have at least five copies of all documents for all hearing parties.

APPENDIX A

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THE OUTCOME

If the judge decides in your favor, you not only don’t have to move, but the landlord may be ordered to pay your filing and attorney fees. Score!

If the landlord wins, you will be issued a writ of possession, which orders you to move out within five days or be forcibly removed by the sheriff, who can also seize your possessions. If the dispute was over unpaid rent or damages to the property, the judge may order you to pay up. And if the court decides that you were malicious in not giving up your unit, you can be fined up to $600 as a penalty, which will show up on your credit report for six years.

There are two ways out of leaving your home even after losing a case. The first is to obtain a relief from forfeiture from the court, which allows you stay in the unit as long as you convince the court that moving would cause severe hardship, that you will pay your owed rent, or that you will fully comply with the lease agreement. You can also appeal the court’s decision, and the landlord can, too.

For more information and/or assistance in dealing with any housing issue, contact the

following city resources and tenant advocacy organizations: Housing Services and

Counseling, Rental Disputes Center, Causa Justa :: Just Cause, Eviction Defense

Collaborative and the East Bay Community Law Center.

APPENDIX A

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CASE STUDIES AND STRATEGIES FOR SERVING DIVERSE RENTER POPULATIONS APPENDIX B

APPENDIX B: REPORT SOURCES AND REFERENCES

INTERVIEWS

Jacqueline Waggoner, Enterprise Southern California

M.A. Leonard, Enterprise Pacific Northwest

Catherine Kim, Enterprise New York

Sally Greenspan, Enterprise New York

Kathy Brown, Boston Tenant Coalition

WEBSITES

Los Angeles Housing and Community Investment Department,

http://hcidla.lacity.org/renters

Los Angeles Homeless Services Authority, http://lahsa.org/get-help

City of Berkeley, Rent Stabilization Board,

http://www.ci.berkeley.ca.us/DepartmentHome.aspx?id=9546

City of Berkeley, Housing and Community Services,

http://www.ci.berkeley.ca.us/contentdisplay.aspx?id=5554

City of Berkeley, Housing Code Enforcement, http://www.ci.berkeley.ca.us/Planning_

and_Development/Housing_Code_Enforcement/Housing_Code_Enforcement.aspx

Seattle Department of Planning and Development, http://www.seattle.gov/dpd

City of Seattle, http://www.seattle.gov/housing/renters/rental-assistance

Tenants Union of Washington, http://www.tenantsunion.org/

City of Seattle, Human Services Department, http://www.seattle.gov/humanservices/

City of Seattle, Seattle Office for Civil Rights, http://www.seattle.gov/civilrights/fair-housing

NYC, Housing Preservation and Development,

http://www1.nyc.gov/site/hpd/renters/tenants-rights.page

NYC, Department of Homeless Services,

http://www1.nyc.gov/site/dhs/prevention/rent-issues.page

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NYC, CITYFEPS Rent Supplement Program,

http://www.nyc.gov/html/dhs/html/CITYFEPS/cityfeps.shtml

NYC, One Shot Deal Short Term Emergency Assistance, http://www1.nyc.gov/nyc-resources/

service/1205/one-shot-deal-short-term-emergency-assistance

City of Boston, Department of Neighborhood Development,

http://dnd.cityofboston.gov/#page/5275111f-4997-459e-b25b-e79959f6aa01

City of Boston, Housing Division, http://www.cityofboston.gov/isd/housing/

APPENDIX B

10 G Street NE, Suite 580Washington, DC 20002