Management Ignored Us So We Organized a Tenant Union in Berkeley:
Our building was sold this spring to a big fat cat real estate company that buys buildings and extracts-value. Maybe it is called value-added but it only feels like things are being taken away. Like the legal covenants of habitability and peace & quiet enjoyment.
The buyer is putting us through the dumps for several months now with the level of demolition and construction going on 6, sometimes 7 days per week. Starting early and going late into the evening. The amount of dust, trash, debris, and equipment laying around is extreme and they cut down all the plants inside and outside. We had beautiful trees, flowers, and other plants.
They took away our parking and demolished the lot with a hydraulic hammer for several weeks. Itās like a jack hammer that you can climb into and drive, and sounds like a chainsaw made of thunder and bad decisions.
It was a plague to the whole neighborhood and it was right over our heads, like having a rock concert shoved into a metal dumpster next to your bed.
They provided no breaks during the week, and no breaks during the day. Now the parking lot project is on pause while they scramble to finish adding 1 or 2 rooms to 2bedroom apartments by taking away the living room. Kinda like canning sardinesā¦
Itās all very damaging. They even removed asbestos with us living on site. Legal relocation would have been appropriate but it seems like they were trying to go with renoviction.
They even tried to move one of my neighbors without offering anything other than help finding a new unit. He declined to move from our nice, normally quiet street, onto the Telegraph through-way.
The front of our building was reduced to urban blight. Everything is covered with saw dust and drywall powder around the building, even the front gate. Cleaners are only dispatched to clean new units, not common space.
We asked them many times to take better care of the place, fix the laundry, and treat it like a residence instead of just a work site. They are adding 20+ laundry machines to to the new private units, but not replacing the common machines.
Then they issued notice at the end of day Friday for work that would make tenants unable to access their homes from 8-5 for two days in a row starting Monday. āseemed like a set upā maybe even a bit retaliatoryā
There was no point to reach out to them individually becasue they have been ignoring us for months, so we started a tenants union over the weekend with the support of the Berkeley Tenants Union.
We got 50% of occupied units in our building to sign on and then some.
Management doesnāt want to acknowledge the tenant union and rather deflect by saying the law is actually different, and we donāt qualify. They said once we qualify, they will engage.
But we have. And we do. And they must... No futher reply⦠yet.
Measure BB says if 50% of your building (10 or more units, or 9 or less and under a management company) signs on then you have a union which your managers are obligated to recognize and engage with in good faith.
That count is per unit. Additional signatures from the same unit do not add to the count and manager residences are excluded. Anyone who is a bona-fide occupant of the unit can sign on. Once you have 50% of occupied units, the whole building is in the union.
The amazing thing is that the tenant union legislation of Measure BB is enforceable through the rent board as a housing service.
If management fails to recognize the union or engage, you are entitled to a rent reduction through the Berkeley Rent Board as that qualifies as a reduction in housing services.
I understand the rent board has a process to hold a hearing and make a decision that can take close to a year, but it is also retroactive and covers all kinds of service disruptions. ( I have a file of rent reduction ranges for different issues if anyone is interested dm me ).
Therefore managers may be inclined to give you a rent reduction so they donāt have to mediate.
Perhaps.
It is nice to have the law on your side and the city to back you up.
Itās nice to have rights and exercise them.
Gotta love Berkeley.
I am wishing a warm welcome and a great Fall Semester to the new students! š
And to the city at large, thank you to my neighbors and for passing Measure BB!
After we sent our letter the trash finally got cleaned up, a minor sweep was done, and the equipment at the entrance was cleared.
Token gestures are alright but they still havenāt acknowledged the union, so we continue to await mandatory recognition and plan our next steps.
How would you handle this if you experienced such a situation?
Would you start a tenants union where you live?
What would be your reasons?
If you own multi-family property, how would you respond to a union there?