HOUSING PROTECTIONS UPDATE
Rules Committee
April 24, 2024
Project Updates
Presentation Overview
Project Updates
Eligible Units (updated)
San Leandro Rental Housing Data Summary
Policy Options
Recommendations & Next Steps
Rules Committee Direction on Policy Development
Project Timeline
Online Project Resources
New:
FAQs
Summary of Community Outreach
Summary of Mobilehome Park focus groups
Rental Housing Data Summary
Eligible Units
Eligible Units (Updated)
Unit Type
Eligible for Rent Control
Eligible for Other Protections
Single-Unit
19,108
Duplex
1,288
1,298
Triplex
393
417
Fourplex
532
532
5-8 Units
815
815
9-19 Units
792
808
20+ Units
3,873
3,873
Multi-Family Restricted
2,094
Mobile Home Spaces
855
855
Condos/Townhomes
3,040
Total
8,548
32,840*
There are an estimated 8,548 units that could be eligible for rent control under Costa Hawkins (pre-1995) An estimated 32,840 units are eligible for non-rent control protections These estimates include units that are currently owner-occupied
Multi-Family Units Map
Mobilehome Park Map
9 San Leandro Rental Housing Data Summary
Data Package
Nov 9, 2023: Rules Committee requested relevant data to inform housing protections MIG Consulting prepared rental data package, including:
Demographic Trends
Profile of Renter Households
Rental Housing Supply and Cost
Renter Households vs. Bay Area Region
Source: U.S. Census Bureau, "Total Population in Occupied Housing Units by Tenure," 2022. American Community Survey, ACS 5-Year Estimates Detailed Tables, Table B25008, 2022 12,080 renter households
Slightly smaller share of renter households (40%) compared to other locations
Income of Renter Households vs. Bay Area Region
Source: U.S. Census Bureau, "Median Household Income in the Past 12 Months (in 2022 Inflation-Adjusted Dollars) by Tenure," 2022. American Community Survey, ACS 5-Year Estimates Detailed Tables, Table B25119, 2022 Median household income for renter households lower than other local areas over time
Rental Housing Units vs. Bay Area Region
Sources: U.S. Census Bureau, "Selected Housing Characteristics," 2017, 2022. American Community Survey, ACS 5-Year Estimates Data Profiles, Table DP04 2013-2017: Lower rental vacancy rate than other local areas 2018-2022: Vacancy rate closer to that of other locations
Rental Housing Units
Source: U.S. Census Bureau, "Physical Housing Characteristics for Occupied Housing Units," 2017, 2022. American Community Survey, ACS 5-Year Estimates Subject Tables, Table S2504 *Number suppressed due to margin of error over 50%
Between 2013-2017 and 2018-2022: Decline in renter-occupied 1-unit detached rentals and 2 apartment rentals
Cost of Rent Bay Area Region
Source: U.S. Bureau of Labor Statistics "Consumer Price Index for All Urban Consumers (CPI-U): All items in San Francisco-Oakland-Hayward, CA, all urban consumers, not seasonally adjusted” Tenant Protection Act limits rental increases to Consumer Price Index (CPI) plus 5% maximum, not to exceed 10% total per year 2022 and 2023: SF Bay Area CPI plus 5% exceeded 10%
AB1482Cap
Cost of Rent vs. Bay Area Region
Source: U.S. Census Bureau, "Median Contract Rent (Dollars)," 2010-2022. American Community Survey, ACS 1-Year Estimates Detailed Tables, Table B25058, 2010-2022 Comparable median contract rents
Since 2010: San Leandro slightly lower than other local areas Note: The U.S. Census Bureau defines contract rent as “The monthly rent agreed to or contracted for, regardless of any furnishings, utilities, fees, meals, or services that may be included. For vacant units, it is the monthly rent asked for the rental unit at the time of interview.”
Housing Burden in San Leandro
Source: Zillow Research
To afford median rent for 1BR apartment in San Leandro, a person would need to earn $37.04/hour at a full-time job – more than double the $16/hour State minimum wage Median Rent
Hourly Rate Needed to Afford Median Rent (before Taxes) 1-Bedroom
$1,925
$37.04
2-Bedroom
$2,495
$48.48
Housing Burden vs Bay Area Region
Sources: U.S. Census Bureau, "Median Contract Rent (Dollars)," 2010-2022. American Community Survey, ACS 1-Year Estimates Detailed Tables, Table B25058, 2010 U.S. Bureau of Labor Statistics "Consumer Price Index for All Urban Consumers (CPI-U): All items in San Francisco-Oakland-Hayward, CA, all urban consumers, not seasonally adjusted." 2010-2023. https://data.bls.gov/pdq/SurveyOutputServlet Note: 2010 represents base year for comparison.
Median rents increased 82% over 2010 levels, outpacing CPI, which increased 44% Follows same trend as other local areas
Housing Burden vs Bay Area Region
Source: U.S. Census Bureau, "Selected Housing Characteristics," 2022. American Community Survey, ACS 5-Year Estimates Data Profiles, Table DP04, 2022 San Leandro and Hayward
43.9% and 43.7% of renter households pay 35%+ of income on rent More than half pay 30%+ of income in rent
30% is a widely used benchmark of “housing burden”
Unlawful Detainers
Sources: Alameda County Superior Courts, “Unlawful Detainers, San Leandro, September 2021-December 2023.” Unlawful detainers in San Leandro averaged 41.1 per year prior to 2020 (2000-2019) Unlawful detainers had been on a downward trend since peaking at 61 in 2010-2011 Includes zip codes: 94577, 94578, 94579
Threats of Displacement
Centro Legal de La Raza’s San Leandro cases have more than doubled between 2019 (45) and 2023 (100) 2023: 40% of cases involved rent increase, 10% increase from prior year Sources: Centro Legal de La Raza
Percentages will add up to more than 100% because cases can have more than one threat of displacement.
The category "Notice of termination of tenancy" includes verbal threats of eviction as well as written notices
Policy Options
Current City Programs Timeline
Limitations on Rent Increases
(e.g., Rent Control)
Limitations on Evictions
(e.g., Just Cause)
Rent Registry
Anti-Harassment
Baseline State Protections
AB 1482 caps allowable rent increase in a 12-month period: 5% + CPI* (10% max.). Sunsets Jan 1, 2030 Exemptions: housing built in last 15 years, owner occupied duplexes, single-family homes, deed-restricted affordable housing Costa Hawkins - State law took effect in 1995:1) Limits cities’ ability to regulate rents on new housing built after 19952) Removed regulatory barriers for new rental housing construction3) Exempts single family rentals, condos, and townhomes; and4) Prohibits vacancy control AB 1482 & SB 567 (Homeless Prevention Act of 2023) establishes just cause eviction requirement if all tenants have occupied unit for at least 1 year, or at least one tenant has occupied for 2 years. Sunsets on Jan 1, 2030 Landlord must have “at-fault” just cause or “no-fault” just cause to evict or not renew lease. If “no-fault” just cause, landlord must pay one-month’s rent as compensation. At-fault evictions involve conduct by the tenant (e.g. unpaid rent, violating material lease term, unpermitted sublease, etc.). No-fault evictions do not involve conduct by the tenant (e.g. owner move-in, removal of unit from rental market, etc.) Exemptions: Housing built in last 15 years, ADUs, Owner occupied duplexes, single family homes &residential real property separate from another dwelling unit & not owned by a corporation, real estate trust or LLC; and deed-restricted affordable housing N/A
CA fair housing laws prohibit discrimination or harassment based on protected characteristics and require reasonable accommodations and modifications for persons with disabilities. A housing provider may not retaliate against someone who exercised their rights under fair housing laws Civil Code Section 1940.5 prohibits threatening and harassing conduct that interferes with quiet enjoyment of unit Civil Code Section 1942.5 prohibits retaliation for landlord exercising rights Current State Protections
Council Direction
City Council Meeting – July 17, 2023
Analyze Existing and New Housing Protection Options:
Stricter Rent Control
Stricter Just Cause Eviction Requirements
Rent Registry
Stricter Tenant Anti-Harassment Regulations
Assess Implementation and Cost Impacts to the City
Limitations on Rent Increases
(e.g., Rent Control)
Limitations on Evictions
(e.g., Just Cause)
Rent Registry
Anti-Harassment
Other Resources
Highest Protections
Cap maximum allowable rent increase
Prohibit “No Fault” evictions
Require expansive rental property registration
Adopt Anti-Harassment ordinance enforceable by third parties, with award of attorneys-fees for successful cases Include options below for Increased Protections and Current Protections Increased Protections
Amend Rent Review Ordinance: 1) Lower 7% rent cap threshold for hearing; 2) expand types of covered units; 3) allow appeals to neutral hearing officer Adopt Minimum Lease Term Ordinance that: 1) requires mandatory offer of minimum term leases to in place tenants; 2) limits frequency of rent increases Increase Tenant/Landlord Counseling and Tenant Legal Assistance Require landlords to provide City with copy of termination notices Narrow types of evictions which qualify as “at-fault” just cause Add requirements for “No Fault” evictions
Require basic rental property registration
Expand Anti-Harassment policies
Fund rental assistance program
Create Rental Housing Inspection Program
Establish Education/ Mediation/ Legal Enforcement
Amend Tenant Relocation Assistance: 1) increase assistance and 2) expand types of covered units Current Protections
AB 1482 & Costa Hawkins
Rent increases of more than 7% or 2+ rent increases in a 12-month period eligible for Rent Review Board hearing. Exemptions: Single-family homes, townhomes, condominiums Rent control ordinance for mobile home spaces
AB 1482 & SB 567
See programs under "Other Resources"
City business license required to rent units in San Leandro Rent registry for mobile home park spaces
Rent Review and Tenant Relocation Ordinances include anti-retaliation requirements for tenants exercising rights See programs under "Other Resources"
Tenant/Landlord Counseling
Tenant Legal Assistance
Tenant Relocation Assistance
Fair Housing Services
Policy Options
Implementation - Budget/Staffing Impacts
Rental Units Impacted & Level of Enforcement
Implementation Costs*
* Costs may be passed through to landlords and tenants
Services provided
Highest
Proactive enforcement by staff, without receipt of complaints Complaints from public lead to in-depth investigations
Significant enforcement, including possible civil lawsuits or criminal enforcement, in addition to administrative fines Expert hearing officers are available to handle appeals of complex enforcement matters Increased
Minor administrative enforcement of clear violations, such as the issuance of notices of violation and administrative fines.
Additional counseling and individualized advice/education for tenants and landlords (proactively and in response to complaints, public education workshops) Current
Produce reference materials about local regulations (such as FAQs) Answer basic questions about local regulations
When significant issues arise, refers public to Centro Legal and other third-party organizations When staff receives complaints of alleged violations, follow-up/education with relevant parties regarding applicable regulations Enforcement Service Models
Rental Housing Program Cost Comparison FY2021-22
Program Components
Berkeley
Beverly Hills
Richmond
Santa Monica
West Hollywood
Average
Year Rent Stabilization Program was Established
1978
2017
2017
1979
1985
--
Population
123,065
31,896
110,051
92,408
35,399
--
Rent-stabilized Units
19,607
7,794
7,665
27,484
16,741
--
Units Subject to “Just Cause” Only
24,306
--
10,485
--
--
--
Total Program Costs
$5,446,666
$1,600,000
$2,595,497
$5,505,179
$2,523,827
$3,534,234
Fee Per Unit
$400
$59
$353
$228
$144
$237
Source: Management Partners, “Objective Analysis of a Ballot Measure, Titled “The Pasadena Fair and Equitable Charter Amendment," August 2022.
Recommendation and Next Steps
Recommendation
Staff seeks direction from the Rules Committee on Policy option(s) to move forward:
1. Rent Increases
2. Evictions
3. Rent Registry
4. Anti-Harassment
5. Other
Highest
Cap maximum allowable rent increase (“Rent Control”)
Prohibit “No Fault” evictions
Require expansive rental property registration
Adopt Anti-Harassment ordinance with award of attorneys-fees Include options below for Increased Protections and Current Protections Increased
Amend Rent Review Ordinance:
Adopt Minimum Lease Term Ordinance
Increase Tenant/Landlord Counseling and Tenant Legal Assistance Require landlords to provide City with copy of termination notices Narrow types of evictions which qualify as “at-fault” just cause Add requirements for “No Fault” evictions
Require basic rental property registration
Expand Anti-Harassment policies
Fund rental assistance program
Create Rental Housing Inspection Program
Establish Education/ Mediation/ Legal Enforcement
Amend Tenant Relocation Assistance
Next Steps
Receive direction from Rules Committee today on policy options Return to Rules Committee with more detailed policy recommendations
For more information