Alameda City Council
April 28, 2022

tel: 310 458-8336 ● fax: 310 395-6727
Prosecution Unit 510-747-4775 [email protected] April 14, 2022 Philip E. Weiss Brodsky, Micklow, Bull & Weiss, L.L.P. 955 Harbor Island Drive, Suite 130 San Diego, California 92101 VIA EMAIL ([email protected]) Re: Investigation of Complaints at Barnhill Marina Dear Mr. Weiss: Following our meeting in February 2022, the Alameda City Attorney’s Office and the Alameda County District Attorney’s Office have continued to receive numerous complaints from Barnhill Marina residents who state that your clients are demanding to increase their rents to nearly double their former levels, on average, with some increases as high as 178%. They also claim that your clients are continuing to negotiate in a confrontational manner and are exploiting the lack of viable alternatives for the residents. We are told that these rent increases are scheduled to go into effect at the end of this month. Exorbitant rent increases of this kind, coupled with the distinct possibility of displacing dozens of Alameda renters, cause us serious concern. It appears that the proposed rent increases could violate Civil Code section 1947.12 et seq., the California statewide rent control statute. Under that law, owners of residential real property may not increase former rents beyond certain stated limits, generally no more than 5 percent in a 12-month period with other conditions. Civil Code sec. 1947.12(a)(1). We are not aware of any exceptions to that law that would apply to the residents of Barnhill Marina. The equities here also support the tenants’ position. Fully half of the tenant occupants are seniors over age 65. Many are on fixed or limited incomes and could not afford the proposed dramatic rent increases. To compound the problem, there are no other marinas in the City of Alameda, or the Bay Area generally, that could reasonably accommodate the affected residents and their homes. This has created a one-sided situation where many tenants simply have nowhere else to go – a fact which they claim your clients have reminded them of during recent meetings to support a take-it-or-leave-it position. Our interest here is to protect the well-being of the Barnhill residents and the housing stability of the greater rental community, and to prevent unlawful actions by businesses in our jurisdiction. If your clients insist upon continuing this course of action, we reserve the right to take further action, including pursuing all available legal remedies under the California Unfair Office of the City Attorney City Hall 2263 Santa Clara Avenue Alameda, California 94501 Philip E. Weiss April 14, 2022 page 2
Competition Law, Business and Professions Code sections 17200 et seq., which prohibits unlawful and unfair acts by businesses in this state. Given the urgency of this situation, and the short timeline, we request that your clients halt the impending rent increases with respect to the tenants at Barnhill Marina, pending further discussion with our offices. Please advise us of your position no later than Thursday, April 21. Sincerely, ADAM RADINSKY Special Counsel Alameda City Attorney’s Office GREGORY BOLLER Deputy District Attorney Alameda County District Attorney’s Office