Alameda County supervisors roll back previously approved renters' protection ordinances for unincorporated areas

Lateefah Simon joins the race to replace Rep. Barbara Lee in CA12

Alameda County Supervisors David Haubert, Nate Miley, and Lena Tam formed the majority on Tuesday night that rolled back three renters’ protection ordinances passed on Dec. 20.

COUNTY NEWS

RENTERS’ PROTECTION ORDINANCES

—BIG LOSS FOR RENTERS—For more than two months, renters in unincorporated Alameda County were so close to gaining some of the hard-fought protections that tenants in neighboring cities have long enjoyed.

—This came to an end Tuesday night after the Alameda County Board of Supervisors reversed course and voted against three renters’ protections ordinance they originally approved on Dec. 20.

—Last December, a pro-renter Board of Supervisors narrowly approved a Just Cause ordinance, Fair Chance ordinance that prohibits landlords with using a rental applicant’s criminal history for approving tenancy, and a rent registry.

—After nearly 11 hours of testimony, a new board that now includes pro-landlord Supervisor Lena Tam, and missing the recently passed Supervisor Richard Valle, rolled back each ordinance.

—Supervisors David Haubert, Nate Miley, and Tam abstained on Just Cause and the rent registry. Supervisor Keith Carson voted yes.

—On Fair Chance, Miley and Carson supported the second reading, Haubert and Tam abstained, which thwarted the ordinance. Miley had abstained on this item at the Dec. 20 first reading.

—The trio of votes is a major blow to roughly 60,000 renters in the unincorporated areas of Castro Valley, San Lorenzo, Cherryland, Fairview, and Ashland, among other small hamlets.

—What comes next is unclear, however, Miley and others voiced support for going back to the drawing board. Miley suggested waiting before starting work on Just Cause and a rent registry until a replacement is appointed to the late Supervisor Valle’s seat.

—Support for Fair Chance, however, appears to a have a glimmer of hope for passing in some form in the short-term.

—Haubert expressed support for using county resources to allocate housing for the formerly incarcerated. Fair Chance appears likely to return to the board’s Unincorporated Services Committee for fine tuning.

TIMELINE - HOW DID WE GET HERE?

• March 2022—Alameda County Housing Agency proposes a first phase of renters’ protection ordinances for the unincorporated areas. They ultimately include Just Cause (evictions made with one of 13 reasons), Fair Chance (prohibits landlords from using a rental applicant’s criminal history for determining tenancy, and creation of a rent registry.

• Summer/Fall 2022—County staff unveil the proposed ordinances at several Board of Supervisors committees, Municipal Advisory Councils, landlords and tenant groups. The proposals fail to achieve any consensus between landlords and tenants.

• November 2022—Lena Tam beats Rebecca Kaplan and becomes the next District 3 supervisor. Tam’s campaign was backed by landlords. Kaplan’s was backed by tenants and labor.

• Dec. 6, 2022—With three votes likely lined up to pass the ordinances, and with enough time to gain a second reading before an new board is sworn-in, Supervisor Dave Brown inexplicably attempts to add late changes. Supervisor Keith Carson, a likely supporter, however, forcefully questions Brown’s motives. Carson says he needs to vet the changes before voting. The item is continued for two weeks.

• Dec. 20, 2022—There is still uncertainty among some county supervisors, but Supervisor Valle makes a late rally to get the three ordinances narrowly approved. However, a second reading of the ordinances will be voted on by the new incoming board.

• Jan. 10, 2023—Supervisor Carson asks to postpone the second reading of the three ordinances.

• Jan. 24, 2023—Supervisor Valle also asks to postpone the second readings to Feb. 28. The successive postponement by pro-tenants supervisors signals the vote for passage are not there. Later, Moms 4 Housing activists attempt to shut down the board meeting.

• Feb. 8, 2023—Supervisor Valle passes away. This leaves Carson as the lone reliable pro-tenants supervisor left on the board

• Feb. 28, 2023—All three renters’ protection ordinances are rolled back after failing to win a majority of votes on their second and final readings.

MORE INSIDE:

• County moratorium ends. What is the board’s next move?

• Ideas for making Alameda County landlords whole

• Wahab urged supervisors to support renters’ ordinances

• ALCO supe appointment process set

• CA12: Lateefah Simon joins the race, gains big endorsements