Question 3: What is your position on property owner/tenant rights issues including the rent control ordinance?

Aimee Allison

The rent control ordinance is an important measure that the city takes to preserve the diversity and stability of neighborhoods.  Currently, Oakland 's ordinance sets rent increases at a flat 3%, which in current economic times means that rents can be increased more than the standard rate of inflation.  Ideally, Oakland 's ordinance would guide rental increases with a strong tie to the standard inflation rates.  For example, in Berkeley rent increases are capped at 65% of the standard rate of inflation.  This is especially beneficial for long-term elderly tenants and others on fixed incomes.  In district 2, about half of our residents are renters and they rent for an average of 3 years or less.  New tenets of course pay the market rate for rental units.  The City of Oakland has an obligation to provide strong oversight for compliance to the rent control ordinance, particularly in the case of public subsidies to private companies who agree to provide affordable rental units like those in Chinatown 's Pacific Renaissance Plaza . 

In the current market, it is challenging for new property owners to realize a return on rental units due to the current sky-high real estate prices.  Those who invest in Oakland can realize a return on their investments over the long term, and encourage more long-term renters with rent controls in place.

Pamela Drake

First of all, I see no inherent contradiction between upholding property rights and tenants also having rights. We do not live in an unregulated society; that's why we have (or had) cleaner air and access to clean water. Factories are no longer allowed to disgorge unadulterated waste into our streams. Overall profit often needs to be tempered with the need for the common weal. In Oakland 55% of residents are renters. Even though many are scrambling to buy, a greater percentage will never be in the position to buy but need secure housing. I was a tenant during most of the time I was raising two kids by myself. Even with the rights that tenants now have, most will never exercise them even under extreme duress. Many are afraid of retaliation even though that is illegal, don't understand the system, or possibly don't speak a common language. We also have to have recourse for those times when landlords are tempted to seriously raise rents to displace even moderate income families as happened during the dot com period.

I learned a number of things when I ran the Neighborhood Center . I counseled many tenants who lived in poor conditions which also impacted the surrounding neighborhood. I also learned that tenants must be encouraged to get involved with neighborhood crime prevention. Tenants who don't feel minimally secure in their homes will never do that. To build strong neighborhoods everyone must have a stake in the community.

Shirley Gee

Having lived all over the neighborhoods in District 2 as a tenant and then later as a homeowner, I have developed a pretty balanced view regarding tenant/landlord rights. Also, in serving as a jurists in a tenant/landlord dispute, I came to understand the rights of each and the level of abusiveness which both sides can mount toward one another.

Tenants have a right to affordable housing and to expect all housing to meet standards of habitability. It is the local government's rolein conjunction with state and U.S. government to figure out how to maintain the supply of affordable housing locally and to enforce codes and ordinances prohibiting landlords from ignoring standards of habitability or "gouging" tenants. Tenants should have multiple avenues of redress in the event of abuses by landlords. There should be a heavy fine and criminal proceedings for those who take advantage of citizens by holding their housing hostage in exchange for silence on unbearable living conditions.

Landlords have a right to have free use of their property and to receive a fair market return for their investments including rentals. They should not be required to subsidize private citizens' housing needs, however. This would be a classic case of "eminent domain" without just compensation. That is, the taking of private property for an overall social good, but without the compensation required for such a seizure. I do not believe it is reasonable for tenants to expect their landlords to subsidize their housing costs. Landlords should also have avenues of redress for tenants who are abusive and who use tenant protection laws as a strategy to get "free housing" knowing the costs and likelihood of recovery is slim.

The current City ordinance seems measured and takes into consideration both sides of the argument and I probably not expand on it. I would like to see about setting up a tracking system to identify both bad landlords and bad tenants in a sort of clearinghouse computer system which would be open to the public and could be used "prior" to signing leases. A sort of "better business bureau" for both landlords and tenants in Oakland . This would help "weed" out people who give a bad name to both sides.

A city must balance the rights of all of its citizens, tenants and landlords alike. There should be distinction between commercial property for rent (a for-profit, commercial operation) versus the smaller units (e.g., fourplexes) owned by private citizens augmenting their retirement or preserving their "hard earned" standard of living after a lifetime of sacrifices and earnings.

For example, I am opposed to making local, elder citizens (who have worked a lifetime to achieve financial stability and a particular standard of living) subsidize local citizens via their rental property (e.g., smaller units/in-law quarters).

Todd Plate

Since approximately 60% of Oakland ’s residents are renters, we need to make sure that their interests are strongly represented. However, the fact is when you have such a high percentage of renters, landlords need to be brought to the table when decisions are made that impact them. No one benefits from a contentious relationship between landlords and tenants. As such, I am a proponent of any alternative dispute resolution process, including mediation of disputes.

The best way to have rent control is to have an abundance of affordable and well-kept rental units. Since we are not at that point, the rent control ordinance is necessary. However, because rents can be increased beyond the prescribed amount through such things as capital improvements, we need to make sure renters are not being priced out of their homes just because it is now nicer then it was before.

Pat Kernighan

I will support fair and effective enforcement of Oakland’s Rent Ordinance and Just Cause Ordinance.  The Just Cause Ordinance, passed by the voters, protects tenants from arbitrary eviction.  We also have the Residential Rent Ordinance, which limits the allowable annual rent increase on all rental properties built before 1982.  Though some problems remain, I believe the overall balance between the rights of tenants and rental property owners is currently fairly even.

The benefit of these current laws is that they convey good and needed protections for tenants.  However, the downside is that both laws are written in a very complicated manner and are difficult to understand for the average person (or even to me, a trained lawyer).  The language setting out the noticing requirements is so complex that it is essential to hire an attorney in order to follow it correctly.  This is a problem because most of Oakland's landlords are small owners, usually 2 or 3 units, and the cost of hiring legal help is prohibitive.  We do not want our laws to discourage otherwise responsible property owners from offering their properties for rent.   For the benefit of both tenants and landlords I would like to see this language simplified.

It is also important that the City act fairly and quickly on petitions and appeals under the Rent Ordinance.  This had been a serious problem, but the administration of the Rent Program has improved in the last two years.  I will advocate to make sure that this program operates efficiently and fairly for all.

Peggy Moore

In a city that has a majority of tenants, it was interesting to learn that out of nine candidates, I am the only renter running for office.  I think it is vital that we protect tenants from unjust evictions and unsafe living conditions.  I also have friends who are small-scale rental property owners in Oakland , and I think that they are having a hard time of it too these days, and should not be demonized.  I do support protections to prevent unreasonable rent increases, and I think we should have an effective mediation program that helps settle disputes.  Our rent board needs to be filled and staffed so that our ordinances can be properly enforced.

Many renters in Oakland would prefer to own their own homes, but see little opportunity.  We need to do a better job of publicizing programs for first-time homebuyers, and expand opportunities for more of Oakland ’s residents to be able to afford housing.

Interested people can learn more about this program online at:

Justin Horner

More than 60% of Oaklanders are tenants and the fair and reasonable tenant protections we have in place are key to making this a city we can all live in. We live in one of the most expensive housing markets in America .  For working families, single parents with children, students and young adults just starting out, having an affordable apartment and modest protections from unjustified eviction are essential to a stable life and an important first step towards homeownership. I have been a longtime supporter of tenants' rights and will continue to be one on the City Council.  I want to see the City strengthen the Rent Stabilization Program to ensure that tenants are aware, and have access to, the services they are entitled to.

But there is not only one side of the equation.  Rental housing in Oakland is not owned exclusively by large management companies.  Many people invest in one or two rental properties for extra income or retirement. Rental property owners in Oakland are as diverse as the tenants they serve, and the business they are in is an integral part of our city’s housing strategy. Rental property owners should not be kept in the dark about what’s necessary to run their businesses, and should not be burdened with unnecessary regulations and high Business Taxes. It should not be a challenge to be provide housing to others and I want rental property owners to have money freed up to invest in their properties and make needed repairs and improvements.

Visit: www.greatergrandlake.org