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Berkeley, California, Owner Move-In Eviction Changes, Measure AA (November 2016)

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Local ballot measure elections in 2016

Measure AA: Berkeley Owner Move-In Eviction Changes
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The basics
Election date:
November 8, 2016
Status:
Approveda Approved
Topic:
Local housing
Related articles
Local housing on the ballot
November 8, 2016 ballot measures in California
Alameda County, California ballot measures
See also
Berkeley, California

A measure to make changes to owner move-in eviction procedures was on the ballot for Berkeley voters in Alameda County, California, on November 8, 2016. It was approved.

A yes vote was a vote in favor of making changes to owner move-in eviction procedures to prohibit evicting families with children during the academic year and increasing re-allocation payment requirements.
A no vote was a vote against making changes to owner move-in eviction procedures to prohibit evicting families with children during the academic year and increasing re-allocation payment requirements.

Election results

Measure AA
ResultVotesPercentage
Approveda Yes 39,332 73.16%
No14,42726.84%
Election results from Alameda County Registrar of Voters

Text of measure

Ballot question

The following question appeared on the ballot:[1]

Shall an ordinance amending the Rent Stabilization Ordinance to: prohibit owner move-in evictions of families with children during the academic year; increase the amount of relocation assistance required for owner move-in evictions to $15,000 with additional $5,000 for certain tenants; clarify protections for elderly/disabled tenants; require filing of eviction notices; change the source of interest rates for security deposits; and clarify exemptions and penalties to conform with state law, be adopted?[2]

Impartial analysis

The following impartial analysis of the measure was prepared by the office of the Berkeley City Attorney:

This measure would amend the Rent Stabilization and Eviction for Good Cause Ordinance (BMC Chapter 13.76) in the following respects.

It would require that landlords pay $15,000 to all tenant households evicted for owner move-ins (OMI), with an additional $5,000 ($20,000 maximum per rental unit) for lowincome, disabled, elderly, families with minor children, or tenancies that began prior to 1999, and would allow a Rent Board hearing examiner to adjudicate disputes as to tenants’ eligibility to receive the additional $5,000.

It would also prohibit owner move-in evictions of families with school-age children during the academic year.

It would change the term “residential rental units” to “residential units” in Section 13.76.130A.9.k.(i) to protect seniors and disabled tenants who have occupied their units for five or more years from OMI evictions if their landlord owns three or more total residential units in Berkeley.

It would clarify that security deposits shall bear interest at a rate equal to the 12-month average of the average rates of interest paid on six-month certificates of deposit by banks doing business in Berkeley.

It would clarify that Annual General Adjustments may be restored.

It would clarify that fraternity and sorority rooms occupied by active members of the fraternity or sorority are exempt from the Ordinance.

It would clarify that only units that received a certificate of occupancy after June 30, 1980, are exempt from rent controls and registration as new construction. It would require filing of eviction notices with the Rent Board.

The Ordinance currently requires landlords to provide relocation assistance of $4,500 to low-income tenants, but not other tenants, who are evicted from their units for owner occupancy. The proposed amendments would increase this amount to $15,000, and require that it be paid to all tenant households evicted for owner move-ins, with an additional $5,000 for certain categories of tenants. [2]

—Berkeley City Attorney[3]

Full text

The full text of the measure is available here.

Path to the ballot

See also: Laws governing local ballot measures in California

This measure was put on the ballot through a vote of the governing officials of Berkeley, California.

Recent news

The link below is to the most recent stories in a Google news search for the terms Berkeley Local housing. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also

External links

Footnotes

  1. Alameda County, "November 8, 2016 General Election Local Measures," accessed October 12, 2016
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. Alameda County, "Measure AA," accessed October 30, 2016