The Bay Citizen thanks our sponsors
The Bay Citizen thanks our sponsors
Posted in Housing

Updated 02/22/2012 at 1:41 p.m. PST

How Rent Control Subsidizes San Francisco's Super-Rich

A law meant to help the poor and working class will benefit the latest tech boom's new millionaires

  • Text Size
  • A
  • A
  • A
By on February 16, 2012 - 6:01 p.m. PST
Scott James/The Bay Citizen
At a hearing on Monday, experts said all but the wealthy had been priced out of the city’s housing market

Thousands of people are expected to become rich in the latest Bay Area tech boom, and in San Francisco these newly minted millionaires will receive a benefit originally meant to help the poor and working class: rent control.

Not that they have a choice. The law applies to rental apartments built before June 1979, regardless of the tenant’s income. Rent increases are limited to less than inflation — last year the increase was 0.1 percent, an all-time low.

But with an estimated 30 percent of the city’s rental properties owned by mom-and-pop investors with four units or less, an unintended consequence of rent control is becoming more prevalent: people of relatively modest means subsidizing the housing of the extraordinarily wealthy.

Critics say it is just the latest failure of the city’s housing policies.

Noni Richen, a former school cafeteria cook, and her husband, who once worked on the Alaskan pipeline, put their life savings into buying a four-unit Western Addition apartment building in the 1980s. “We had $20,000,” Richen said. “That was a lot of money to us, and we put that down.”

The rents the Richens collect have changed little since then because of rent control: $1,000 for each two-bedroom apartment. “It’s a deal,” she said, noting that her tenants aren’t wealthy but that her expenses (insurance, repairs, utilities) have risen faster than the rents. “I don’t begrudge them. I’d do the same thing if I was them.”

Related

But what Richen sees as a basic question of fairness has prompted her to become an outspoken critic of rent control, serving on the board of the Small Property Owners of San Francisco Institute, a volunteer organization that advocates for small-time landlords.

Henry Karnilowicz, the group’s president, said rent control should be abolished, or at least reformed so that the wealthy do not receive subsidized rent. “There should be means testing,” he said.

Karnilowicz estimated that 5 percent of the city’s 212,000 rental units (about 10,600) are kept vacant by landlords who would rather not deal with rent control (others estimate the number is higher, about 25,000 units). He said that many owners would rent those homes if there were reforms, like requiring the rich to pay full market value.

Such a move is highly unlikely, however. In a city where 64 percent of residents rent, tenants have enormous political clout and it is unpopular to even discuss reforming rent control.

The cone of silence was evident Monday when a parade of economists and housing experts testified at a board of supervisors committee meeting about the city’s housing situation. Each presentation showed that housing had become increasingly unaffordable in recent years, pricing out people at every income level — except the wealthy.

Yet not one expert mentioned rent control’s impact on the market.

Voters approved rent control in 1979 to help preserve communities by limiting rent increases, a threat to working class and lower-income tenants. However, a new city analysis shows that for the first time upper-income households (annual incomes over $107,000) outnumber the poor (incomes under $35,000), 29 percent to 27 percent. And rents for vacancies average $2,600 a month, a record high.

Adithya Sambamurthy/The Bay Citizen
Renters check out a studio apartment during an open house in San Francisco's Mission district on Monday, November 28, 2011

According to Ted Gullicksen, executive director of the San Francisco Tenants Union, the market is much like it was during the 1990s dot-com boom that pushed rents and displacements to extremes.

Additionally, the number of existing rent-controlled apartments has been reduced by demolition or conversion to sale as private homes, like condominiums. “There’s a serious and steady depletion of housing rental stock,” Gullicksen said, perhaps 1,000 or more units annually.

Protecting that dwindling supply from further erosion has become a “ferocious” battle, said Sara Shortt, executive director of the Housing Rights Committee of San Francisco, a tenants’ advocacy group.

But just trying to determine the exact number of rent-controlled units — and their tenants’ finances — is difficult. The city’s last comprehensive research, undertaken in 2000, found that one-fourth of households in rent-controlled apartments earned more than $100,000 a year — a revelation that prompted I-told-you-so rhetoric from some landlords.

Since then, similar comprehensive research has been blocked, in part by tenants’ advocates who believe the findings would be “politicized” and become a referendum on rent control, Shortt said.

Both she and Gullicksen oppose means testing to exclude the rich from rent control. There are privacy concerns, they said, and it would create a situation in which landlords would then rent only to the wealthy.

And with so many tech nouveau riche around, that could make matters even worse for those of ordinary means.

This article also appears in the Bay Area edition of The New York Times.

Scott James
Scott is a columnist for The Bay Citizen and The New York Times. He has been telling the stories of San Francisco and the Bay Area for nearly 15 years. He founded the underground ezine ... View Profile
LawSci
LawSci
wrote on 02/16/2012 at 8:53 p.m. PST

"people of relatively modest means subsidizing the housing of the extraordinarily wealthy."

Class warfare all the time by the media knows no bounds. How is it somehow unfair to have people of relatively modest means subsidize more wealthy, and somehow fair to have them subsidize less wealthy?

Rent control is the government forcing home owners to subsidize rent at below market rates. Actually this is a "government taking without just compensation" forbidden by the Constitution.

Weird, some people think stealing from landlords for the richer hangers-on renters (like Al Sharpton's in his several subsidized New York city apartments) is bad, but stealing from the landlord to give to lower income blue collar workers or colored people is good. Shame on you racially biased classist media (and those who agree with it). How would you feel if the government told you to pay some other guy's rent?

Over the course of a decade in San Francisco, a landlord can end up giving the tenant $50k in free rent (compared to what the actual value of the rent was). Sick theft of personal property by bleeding heart liberals who are saving the poor our of someone else's pocket. How generous of them.

All rent control is bad theft by government, no matter the tenant.

U Ragazzu
U Ragazzu
wrote on 02/17/2012 at 7:26 p.m. PST

Ridiculous! The reverse is true. Tenants subsidize their landlords. Who writes WHO a check every month to pay for their mortgages, put their kids through school, etc. A little thanks is due rather than your contempt.

The SF population has turned over very fast in the last 15 or so years. It's hard to find anyone who has been here for any length of time, let alone the three-decades tenant with a mythical $300 rent.

There are a lot of property owners who rent out under the table to corporations for contract workers, and the "hotelization" of units on vacation sites like airbnb.com are very popular.

Mystery Days
Mystery Days
wrote on 02/18/2012 at 8:09 a.m. PST

Don't forget property taxes (which an owner can partly pass on), but above all the large expenses that go into upkeep. Permitted rent increases do not even begin to cover these, especially after five to ten years.

Joe Bay
Joe Bay
wrote on 02/17/2012 at 10:08 p.m. PST

Exactly! If the government wants to subsidize rent for certain people, for whatever reason, let them give them housing vouchers. Not steal from property owners by forcing them to subsidize rents.

condo hell
condo hell
wrote on 02/18/2012 at 8:47 a.m. PST

No problem because once Fannie and Freddie are finally abolished real estate will become affordable again and we won't need rent control.

stefi soros
stefi soros
wrote on 02/24/2012 at 9:23 a.m. PST

Housing or shelter is a fundamental human necessity, and it is linked to other necessities like work or career. Family and other network ties also secure one's location in life, a location tied in varying degrees of tightness to that shelter. Therefore residence is not just an apartment, but often one's life.

LawSci's post implies that forcing people out from long term rental homes to maximize an owner's unearned profit is a good thing, the "good" being that home owners should be able to fully cash in on rising asset prices. Such "profit evictions" are inherently a moral and ethical offense against both wealthy and poor, but clearly much more so for the poor and vulnerable.

When discussing fundamental human necessity, there's no moral equivalence between the denial of surplus profit and denial of shelter. None. Since the wealthy do not have to give up residence nor shelter by giving up rent-controlled units, since wealth by definition means the ability to afford equivalent alternatives in the neighborhood of their residence, the ethical offense is much less. And perhaps none at all. So the article is correct to target the wealthy as being less deserving of rent-control.

The problem of rent-control is that it doesn't target the vulnerable consistently, trying to create lists of the vulnerable deserving of protection. The most vulnerable, the poor, who would have no where to live except in homelessness as a consequence of a profit eviction, are not specifically protected, for example. Rent-control also becomes unfair when its rule is applied inconsistently to landlords within a region.

But in itself, rent control is no more "theft" than income mitigation in any income negotiation. All income is negotiated, even unearned income, and whether negotiation on such comes in from the front end or back end is not particular relevant. Since the passive asset growth implicitly in question is not even earned income, involving no contribution to real productivity, it is particularly absurd to lable what is essentially a profit-sharing rule as "theft".

Moreover, there is a fundamental economic advantage of rent-control as well. One of the prominent lessons of the housing bubble and ensuing financial crisis was that money is better spent investing in real industry, not assets. Any law discouraging weatlh generation from asset growth is a good thing. Therefore any law diluting the profit from escalating housing valuation is a good thing. And therefore, not only is rent-control a good thing, but I would even suggest that state and local governments should also tax multiple property ownership in other ways to further discourage such "investment".

M L
M L
wrote on 02/16/2012 at 9:51 p.m. PST

This gross guy I work with boast endlessly about being a "master tenant" and cycles through new desperate "roommates" endlessly at ridiculous rents of over $1000 a room. His rent is $2000 a month and he pays nothing, instead pocketing $1000 cash a month from his three "subletters." I wish there was a 1-800 number I could call to turn him in. There are tens of thousands just like him in the city. Landlords are just at one end of the backfire that is rent control.

Reza Musavi
Reza Musavi
wrote on 02/17/2012 at 6:20 a.m. PST

However distasteful your co-worker is, and definitely sounds like he is, he is only taking advantage of a system that has been made possible by government engineering yet again.

Mark Pritchard
Mark Pritchard
wrote on 02/17/2012 at 8:04 a.m. PST

That practice is illegal.

FoggyEthan
FoggyEthan
wrote on 02/17/2012 at 3:28 p.m. PST

Master Tenants are required to charge "proportionately" for rent to sub-tenants. They're also required to report the total rent to the subtenant in the lease. You could contact the SF Tenant's Union and see if there's anything to do, but really it would be the subtenants who would have to act.

alison sf
alison sf
wrote on 02/17/2012 at 5:13 p.m. PST

SF Rent Board says there's nothing anyone but the subtenant can do. And its up to the tenant to tell them what rent they are paying. My tenant has done this. I found out when I saw her ad on Craigslist.

condo hell
condo hell
wrote on 02/16/2012 at 10:47 p.m. PST

Besides rent, I think everything should be means tested.

I'm tired of subsidizing rich people by paying the same at the grocery store. If people earn more they should always pay more.

LawSci
LawSci
wrote on 02/18/2012 at 8:24 p.m. PST

Yes! Let's motivate lazy people to get everything for free!

Eric Brooks
Eric Brooks
wrote on 02/16/2012 at 11:10 p.m. PST

The solution to this is simple. Overturn the state law that bans vacancy rent control. Problem solved. Why is it that whenever some neoliberal angst driven yuppie writes an editorial like this, they always very conveniently leave out this blatantly obvious fact..?

And to the joker who believes tenants 'steal' from landlords - I've got news for you..

When you buy a piece of land or a building and charge people a profit to live there..

that

is stealing...

Housing is a right, not a privilege.

American Voter
American Voter
wrote on 02/17/2012 at 10:02 a.m. PST

Eric, I will assume for argument sake you work for a living. If that is true I want half of what you earn. I feel I am entitled to have what you have just because I live in a very expensive city and I need it. See I don't work because I chose not to because it's my right. I know in my heart you'll be happy to give me what I need just because I need it to help with my lifestyle. Because my lifestyle is my right and not my privilege.

I will be in touch soon with my direct deposit info so you can begin making those deposits into my bank account. I really appreciate you helping me to live my dream of living in the second most expensive city in the nation.

Together we can help make social engineering in SF a reality.

With Kind Regards,

C. Marx

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 10:46 a.m. PST

Please explain to me how your juvenile and narcissistic little response which harkens all the way back to the red scare era in its right wing naivete, disproves that vacancy rent control would stop property owners from jacking up rents on the middle class...

Also explain how the idea that rich assholes shouldn't be able to charge people a profit for a place to live, is communist...

You know. A new century began 12 years ago. A century in which we no longer childishly view economic issues as some illusory war between communism and 'free' markets.

By all means leave the 20th century as soon as you can and join us in the new one.

You are a neanderthalic throwback, and a majority of the people in this country now recognize that cold fact about you. And they are angry.

If you do not want to wind up on the receiving end of a new bastille day, I suggest you wise up, and, grow up.

American Voter
American Voter
wrote on 02/17/2012 at 10:55 a.m. PST

Whatever your smoking would you please share it with me?

Wow, what a wordsmith you are...should I expect your help soon or am I on my own in this cold heartless city. I really want to stay but I am soooo dependent on your largess.

When can I expect the checks to start?

With Kind regards,

C. Marx

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 11:34 a.m. PST

Translation: You don't know what you are talking about and don't have an answer to my challenges.

Channeling Barry Goldwater is certainly amusing. But it isn't winning your argument.

Oops.

I forgot.

You don't have an argument.

cornholio
cornholio
wrote on 02/17/2012 at 1:24 p.m. PST

If it's wrong to profit from having property, isn't it also wrong to profit from having a great set of carpentry tools? How about profiting from a good education, or from outstanding physical skills?

And what is excessive profit? Is it enough money to buy a jet? A new car? A second sweater? A cup of coffee made by someone else?

Eric, if you thought about these things a little more you'd realize that you should be signing your name as American Voter signed his. He's right.

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 5:08 p.m. PST

You have of course, ignored the blatantly obvious fact that none of the other realms of profit making that you mention, directly determine whether or not a person is homeless or housed. People don't unequivocally need any of the products from those other professions, whereas housing is an absolute necessity.

Hence, just as with health care and health insurance, no profit making should be allowed in provision of the fundamental necessity of housing; because it gives far too much power over a life necessity to profit seekers.

The fact that you even need to have this fundamentally obvious difference explained to you, can only be elucidated by the observation that you proudly display an internet handle which you got from a cretinous alter ego character in the Beavis and Butthead cartoon.

I find it interesting that you would purposely choose a name so apt to your own level of consciousness...

cornholio
cornholio
wrote on 02/17/2012 at 9:11 p.m. PST

But what about sex? Who must give their body to me so that I may exercise the fundamental necessity of procreation?

And if that isn't a fundamental necessity (?!), who must be forced to build the housing that I can't pay for? Who must go unpaid when they farm my food?

Before you pee all over your keyboard, I agree that those better off should help those less well off. But the way you frame it leads to avoidable absurdities that wind up doing more harm than good.

Peace, dawg.

Jackson Strong
Jackson Strong
wrote on 02/21/2012 at 7:54 a.m. PST

Eric, thank you for posting here; everything you said has reinforced by belief that the liberal ideology completely lacks an understanding of economics and how things really work.

It is true that housing is a necessity. Hence, to provide more housing you want people to profit from it. If there is profits to be made from the provision of housing, developers will construct more of it. This is how rents are kept low. Its a simple matter of supply and demand. This equation is totally out of whack due to rent control and has created a housing shortage. Ironically, this is caused by the very law that was supposed to make housing more affordable.

If you take profits out of housing, people will only build dwellings for themselves. Most people lack the capital and resources necessary to singlehandedly pay for their own dwellings in a city such as San Francisco, with high land values. All of those nice new residential structures would not exist if there were no profit involved. And as a property owner, you have every right to charge people to stay on land that you worked hard to obtain. May I remind you that property rights have been fundamental in the development of the US economy, which has provided very high living standards to millions of people.

Eric Brooks
Eric Brooks
wrote on 02/21/2012 at 12:26 p.m. PST

There is no supply shortage. In San Francisco there are thousands of vacant rental units be held idle by landlords so that they can create an -artificial- housing shortage and charge exorbitant rents.

Your claim about how housing gets built is also false.

In Berkeley during vacancy rent control, the city put more funding into affordable housing construction and that housing was built.

In San Francisco over the past two decades thousands of units of affordable housing have been built through municipal subsidies.

If it were up to private property owners alone, there would not be one affordable unit in San Francisco.

Reza Musavi
Reza Musavi
wrote on 02/17/2012 at 8:44 p.m. PST

"Overturn the state law that bans vacancy rent control".

Is there a law that bans vacancy rent control? I honestly don't know but it would seem to me that there would have to be a law to enforce such a concept rather than ban it. It seems any landlord that wished to charge according to "vacancy rent control" could very easily do so. If there is a law banning such a thing, the vitriol should be aimed at the politicians that passed such a law.

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 12:19 a.m. PST

Yes, There certainly is. Costa Hawkins 1996. It was passed by greedy land owning pieces of garbage like the ones arguing against rent control on this blog, so they could both ream the rest of the populace on rent, and so that they could later accuse rent control of raising rents, and use that argument as a wedge to get rid of rent control completely.

See http://www.sftu.org/costa.html

Reza Musavi
Reza Musavi
wrote on 02/18/2012 at 8:58 a.m. PST

So based on my understanding of the link above, there was a law in place which enforced vacancy rent control and in effect, this law was repealed with Costa Hawkins.

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 11:22 a.m. PST

Not really. The was no state law. Some municipalities simply implemented vacancy rent control as their own local law (but unfortunately for all of us, San Francisco wasn't one of these).

Greed driven property owners got Costa Hawkins passed to make vacancy rent control illegal statewide, thereby enabling them to drive rental prices through the roof everywhere in the state.

Reza Musavi
Reza Musavi
wrote on 02/18/2012 at 10:53 p.m. PST

Well, I can see how mandated vacancy rent control would not be realistic as that infringes upon ones rights in owning property. That said, I don't think there is any law that bans vacancy rent control, rather, the law simply does not mandate vacancy rent control. There is a major distinction as a landlord is free to practice vacancy rent control if he/she chooses.

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 11:08 p.m. PST

The state law passed in 1996 explicitly prohibits municipalities from adopting vacancy rent control. Period.

That law is the source of the problem and of the debate that has taken up 130 messages on this blog thread...

Reza Musavi
Reza Musavi
wrote on 02/18/2012 at 11:15 p.m. PST

So the ban simply prohibits from forcing something upon property owners. That does not preclude landlords from practicing vacancy rent control if they so choose. Seems like you want the government to tell property owners how they manage their property. Perhaps you might try to find a landlord that believes as you do?

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 3:04 a.m. PST

As I've stated before, large property owners shouldn't be able to own other people's housing in the first place.

But, we are left with the reality that they currently are ridiculously allowed to.

Therefore the only immediate solution (beyond mass eminent domain) is to restrict these landlords' ability to raise rents (which of course most of them would never do voluntarily).

Reza Musavi
Reza Musavi
wrote on 02/19/2012 at 9:34 a.m. PST

Eric - I somehow imagine you don't want to be told what to do or how to live. Nevertheless, you certainly don't seem to mind telling others (i.e. landlords), how they "should" live. Perhaps you might want to do direct your anger and vitriol at the politicians that have created the environment that you so despise. You can be sure that all your local pols have participated in creating this environment. The anger directed as property owners is misdirected as they are generally operating within legal grounds.

This is the irony of the Occupy movements - the anger might better be directed at the politicians who typically enjoy demogoguing the populace into voting them into office. The Occupy people are mad but continue to support those same pols who have created this system - now who is the fool?

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 2:35 p.m. PST

When the way one person lives (a landlord) powerfully limits the way others live (tenants - because the landlord sets the terms of how the tenants live in their homes, and how much they pay for their housing) then the landlord is already dictating to others how to live. So it is obvious that landlords must be restricted in their ability to so dictate. That isn't 'telling landlords how they should live' that is simply making sure that landlords don't wield excessive power over other people.

How is it that you are incapable of recognizing such a simple reality?

And the idea that politicians control rich people (rather than the other way around) is fucking hilarious.

Reza Musavi
Reza Musavi
wrote on 02/19/2012 at 5:21 p.m. PST

What do you mean "the way the landlord lives"???
Who has the ability to restrict the landlords? Answer - the politicians.
Who creates the environment in which we live - the politicians.
The idea that you cannot recognize this is not hilarious, but pathetic and unfortunate.

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 5:27 p.m. PST

Are you actually trying to argue with a straight face that 'politicians' have more power over policy than the corporations and elites which those politicians depend on to fund their campaigns? (Corporations which, I might add, often write the laws that you are saying are the realm of 'politicians'.)

Give me a break...

Reza Musavi
Reza Musavi
wrote on 02/19/2012 at 5:43 p.m. PST

Yes. I don't believe for a moment that corporations do things for altruistic reasons. Nevertheless, the fact remains that politicians and legislators make law and should be held accountable for their votes. Yes, corporations attempt to influence things to their advantage - that is their responsibility to shareholders after all - but the politicians make the final votes.

Joe Bay
Joe Bay
wrote on 02/17/2012 at 10:11 p.m. PST

Eric - IF housing is a right, then it's the GOVERNMENT'S job to provide it with cold, hard cash. NOT property owners responsibility.

I could just as easily say that YOU have a responsibility to house 2 homeless people starting next week. Oh wait, you don't want to? That's the governments responsibility? Yep, that's what I thought.

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 12:29 a.m. PST

The difference of course is that I don't own property. And no one else should be able to grab up property and then make others pay to live on it. No one is forcing you to do that. You could make money in myriad, far more ethical ways. So restricting profits that you make off of extorting money from people who have no choice but to give it to you if they want a roof over there head, is perfectly understandable.

Until we have housing as a right, severely restricting your greedy ass is the only option we've got.

You made the bed. You lie in it. With the rise of the Occupy movement, this is only going to get worse for people like you. I suggest you find another line of work.

Not that you actually work of course...

Joe Bay
Joe Bay
wrote on 02/18/2012 at 12:35 a.m. PST

lol, nobody "grabbed up property", they paid for it. and if there is a need for affordable housing, the govt can either build it, or give vouchers for it.

i'm not coming and taking your bike because I need transportation.

your sense of entitlement belongs in a communist country. why don't you ship yourself off to Cuba with the remaining hordes of Americans trying to escape?

condo hell
condo hell
wrote on 02/18/2012 at 9:05 a.m. PST

Renters are communists which is the reason the federal government owns 90% of the mortgage market in the United States.

http://articles.nydailynews.com/2011-05-31/news/29621643_1_housing-market-freddie-mac-mortgages

"With the government guaranteeing mortgages, home values have become artificially inflated. You may think home prices are attractive, but if the government stopped guaranteeing 90% of all mortgages, they would be lower."

condo hell
condo hell
wrote on 02/18/2012 at 9:07 a.m. PST

If the gubbment unloaded the 5 trillion plus in mortgages it subsidizes from the taxes of us renters then nearly all housing would suddenly qualify as "affordable."

Reza Musavi
Reza Musavi
wrote on 02/18/2012 at 9:02 a.m. PST

Eric - one problem with many of your arguments is that you seem to feel entitled to not only have housing provided essentially below market or free, but also in a place of your choosing - which happens to be one of the most expensive markets in the country.

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 11:30 a.m. PST

But of course, if housing were free, it wouldn't matter, because there wouldn't be a housing market...

This would provide a massive boost to the real economy, because the -huge- amount of money that we all now waste paying landlords who do nothing whatsoever to earn that money, would instead be spent on real products and services, thereby making all of us better off; and also ensuring that we no longer have to live with the blight of homelessness all around us.

Reza Musavi
Reza Musavi
wrote on 02/18/2012 at 10:59 p.m. PST

But as we all know, nothing is free. Let me ask this question, if you were to be provided a free home in Muskatine, Iowa, would you take it? Or not only do you feel entitled to a free home, but a free home in a highly desirable and expensive city?

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 11:14 p.m. PST

Rather than throw around the word 'free' we should be more precise. Housing should be provided equally to all people at cost of construction and upkeep, with no profit from rent or resale allowed. This would single handedly save most local economies by providing a massive infusion of spending into local markets.

Reza Musavi
Reza Musavi
wrote on 02/17/2012 at 6:17 a.m. PST

Seems like yet another example of the government trying to manipulate the marketplace and thereby distorting markets. Every single action by local governments to provide a benefit to one class of people or another will always distort the natural progression or evolution. When will they ever learn?
And the notion of "means testing" - how do you do that without the government further chosing winner and losers???

Sledgehammer Junior
Sledgehammer Junior
wrote on 02/17/2012 at 6:28 a.m. PST

What Noni Richen fails to tell you that their property tax hasn't risen since they first purchased the property but they are still allowed to raise the rents every year and raise the rents for capital improvements while taking a portion of that off their taxes.

Howard Epstein
Howard Epstein
wrote on 02/17/2012 at 7:11 a.m. PST

You shouldn't talk about what you don't know about. Property taxes increase every year.

Tizzielish
Tizzielish
wrote on 02/17/2012 at 9:03 a.m. PST

I think Sledgehammer was referring to the fact that Noni Richen pays property taxes based on the value of her property when she bought it thirty years ago, which amounts to a kind of subsidy to Noni.

For property tax purposes, Noni Richen's property tax has not reflected the rise in value of her real estate.

G Birkel
G Birkel
wrote on 02/17/2012 at 6:45 a.m. PST

Yeah, well, here's the problem.

I work in the tech industry. By slamming my brain against a cheese-grater for the last decade, I have worked my way up to earning just over 90k a year, working 12-hour days plus on-call time.

This author would raise a big flag and say "YOU, SIR, ARE SUPER RICH!"

I live with five other people in West Oakland, in a house built in 1902. My share of everything comes out to about $850 a month. That's about 1/4 of my income after taxes, which is great.

The house has a mold problem and had rats in it last fall, but yeah, the rent is low.

Now, this is my point:

I've worked my entire life to become an expert at what I do. It's an obsession. The company I work for is filled with experts, and they all generate huge profits with their specialized skills. But to work here I need a place to do my laundry and sleep. All around the Bay Area are vast blocks of houses and apartments, owned by landlords, and all charging the "market rate" for rent, which is quite high since there are a lot more people like me around than in, say, Kansas or Missouri.

WHAT DO THOSE LANDLORDS DO, TO EARN THAT HIGHER RENT FROM ME?

NOTHING. Their service is no different from the service offered 100 miles inland, or north, or south. But they can charge double for it, because a company that they have NOTHING TO DO WITH, that they are not contributing a DAMN THING towards, is in the area, and the people who work there - like me - need some place to sleep and do laundry.

Rent control exists because many people recognize that A PLACE TO SLEEP is not a luxury good. It is an essential human need, and it requires space of its own, which requires property, and someone somewhere owns that property. The fact that it is a need, like water and sewage lines and, these days, electricity, makes it susceptible to huge distortions in the fabric of economic justice.

Landlords need to be tied down as tightly as possible, because they are all clamoring to get something for nothing. They are all either conglomerate property barons, or "mom and pop" - HAH! - outfits where "mom and pop" believed that their golden road to retirement was paved on the backs of strangers who would have no choice but to pay ridiculous rent for occupying their crumbling, unremarkable space.

matt towers
matt towers
wrote on 02/17/2012 at 10:20 a.m. PST

Where do you think the money comes to build and maintain rental properties? It is an investment sometimes held for decades. What did you do to make your 401K grow or other investments? The city did not build the vast majority of rentals, private developers did because they could make a profit.

If the true goal is to have more affordable housing, the city should make it easier and more profitable for developers to build. More supply- lower rent. Yet the same people who opine about high rents also are often anti-development.

I agree that in the this country housing should be a right, but like other rights the burden to support it should be shared by everyone. The costs of health care in SF is shared by all sf taxpayers, not just doctors or hospitals.

Why should a tenant be able to keep essentially the same rent for 20 or 25 years while their salary increases and maintance and repair costs pile up. That and the onerous permitting process create nothing but disincentives for landlords to upgrade buildings.

I am all for housing for all but to lay it only on the landlords is counterproductive and unfair.

Howard Epstein
Howard Epstein
wrote on 02/17/2012 at 7:09 a.m. PST

It's time to end the socialist inspired 39,498 word San Francisco Rent Control Ordinance. Rent increases permitted do not keep up with the increased costs of maintaining the buildings. The other tenant protections are as bad and worse.

Nedra Dias
Nedra Dias
wrote on 02/17/2012 at 7:54 a.m. PST

If you're making just over $100K a year and your rent is $2K a month, it's about 1/2 your income after taxes, medical, 401K, etc. I wouldn't call that being wealthy and living off of working class landlords. If we abolish rent control, the biggest beneficiaries are going to be large landlords like Trinity Management who own the bulk of SF properties.

There would be no way to measure people's incomes and determine if they should pay market rates or not. Especially when you have people who were making over $100K a year who are currently out of work. Would you have to adjust it if the person's income dropped?

There are people taking advantage - those that have had a large place for 15+ years, have really low rent, and are subletting. Most leases state that you cannot have guests (i.e. people not on the lease) for more than a certain number of days per year. Landlords could leverage that and one change that SF can make is to make it easier for landlords to go after those tenants.

The other vehicle for landlords to get low rent tenants out is to move into the place themselves. Some do this so they can overhaul the apartment and get it ready for a more profitable tenant. Taking the year loss in low rent may be worth it to some landlords.

There are a group of people who have been in the same apartment for 15+ years, have low rents, and consistently pay their rent. They live in places where the carpets, kitchens, etc., haven't been updated since they moved in. Their landlords do the bare minimum... which makes perfect sense.

A good number of people, and many of the new tech company recruits will likely fall into this category, go through an SF cycle. They'll move here, rent a rent-controlled studio or 1 bdrm (or larger with more people), they'll meet someone, get married, and decide to move out of SF to raise their families. Thus a turnover of apartments in less than a decade.

Phil Hood
Phil Hood
wrote on 02/17/2012 at 7:56 a.m. PST

Wow! Lots of strong opinions here. Let me try to throw some light without heat Overall, the story tells us something we ought to pay attention to. Rent control is not leading to lower rent overall in SF and it's not solving the housing problem. Maybe we ought to try a different strategy.

.It's not at all clear that cities with rent control (NY, SF) have lower rents than other cities. The evidence in SF suggests the opposite may be the case. Rent control certainly distorts the market, making the return on apartments less than they might otherwise be, which leads to condo conversion or builders just refusing to build apartments. I think we could get a richer set of apartment options in SF by working with builders and nonprofits, as well as the city, to build subsidized or low income housing in a free market.

As for the argument that Prop 13 keeps property taxes low, that's true, and probably it should be repealed. But Prop 13 only leads to higher profits if the market is tight and supplies of available apartments are low, as in SF. Getting rid of rent control will lead to more apartments and less ability of landlords to dictate conditions and prices to tenants.

Truth in Moderation
Truth in Moderation
wrote on 02/17/2012 at 10:00 a.m. PST

The only fair solution would involve scrapping (or greatly adjusting) both rent control and Prop 13. Both policies distort their respective housing markets, reward whoever got there first, and discourage occupants from moving. It's shortsighted to say that "Prop 13 only leads to higher profits if the market is tight" because Prop 13 causes the market to be tight by discouraging long-time homeowners from moving and facing higher property taxes -- just as rent control discourages long-time renters from moving and facing higher rents.

A better argument for this article wouldn't be about rich and poor -- it would be about young and old. In San Francisco, it's the new renters and the new homeowners who are, to a large degree, subsidizing everyone else -- through disproportionately high property taxes (new owners) and disproportionately high rents (new renters).

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 10:57 a.m. PST

Will the two of you please explain to me why you haven't suggested the much simpler and more obvious option of adopting vacancy rent control so that property owners can no longer jack up rents to market rates when a tenant moves out?

Truth in Moderation
Truth in Moderation
wrote on 02/17/2012 at 12:15 p.m. PST

Vacancy rent control, as I understand it from your post, is neither simple nor obvious. Instead, it's tantamount to having the state set rental rates, punishing owners of older buildings and creating an even bigger incentive to building owners to sell off buildings and condo-convert. With vacancy rent control, landlords have neither the incentive nor the means to make improvements -- slumlords would be the rule, not the exception.

Imagine you owned a building on 18th and Guerrero with a 20-year tenant. That tenant may be paying less than $1,000 a month for a two-bedroom apartment. Now, say that person moves out -- you're proposing that the rent still needs to be $1,000 a month, to a new tenant, when the 2-bedroom next door rents for $4,000 a month? What incentive does the landlord of the cheaper apartment have to make a single improvement to a unit that hasn't been updated in 2 decades? None.

It's a nice idea in concept, but it would create such a disincentive to providing rental housing that I expect you would see a rash of evictions and conversions to TICs and condos.

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 5:19 p.m. PST

Nonsense.

The incentives to improve an apartment under vacancy rent control are that:

a) health, safety and building codes -require- apartments to be well kept and safe

and

b) if the landlord fails to improve the property, no one will want to move into it

Making such improvements also increases the value of the rental property itself. Hence, the good old market forces that so many are crowing about on this thread will still provide plenty of incentive to landlords to improve properties; likely more so, because the cushy rents owners are currently allowed to charge (which encourage them to sit on their asses and gouge people for market rates instead of aggressively making property improvements to attract customers from competitors) would no longer be permitted.

Reza Musavi
Reza Musavi
wrote on 02/17/2012 at 8:48 p.m. PST

"Making such improvements also increases the value of the rental property itself. Hence, the good old market forces that so many are crowing about on this thread will still provide plenty of incentive to landlords to improve properties;"

Not true. The value of the property increase as a result of the rents that are generated - not simple improvements to the property.

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 12:31 a.m. PST

Both are true.

Reza Musavi
Reza Musavi
wrote on 02/18/2012 at 11:00 p.m. PST

To borrow your own phrase from earlier, your points above are simply theory and opinions with no basis in facts.

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 11:17 p.m. PST

You are trying to tell me that it is theory that if people did not have to pay rent profits, they would instead be able to spend in their local economies?

Sounds like a fact to me.

I also cited a lot of other facts, like the Costa Hawkins law, and the -fact- that most large scale landlords gouge massive profits from rent and property flipping. These are facts...

Reza Musavi
Reza Musavi
wrote on 02/19/2012 at 9:41 a.m. PST

No. I am referring to your ascertations above made at 5:19 on the 17th. You claim these would allow market forces to increase the value of the property. This is theory on your part, not fact.

And furthermore, doesn't that money that is paid to rent make it into the local economy anyways?

The more arguments you make, the less is appears you really have any philosophy other than you feel entitled.

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 2:42 p.m. PST

Oh, I see. So first, everything I say is theory and therefore dismissible, and now, you are forced to focus on only one of my statements as theory, and to admit that I have put forward plenty of facts in this discussion.

Looks like you just got tangled in one of your own webs of deception.

Reza Musavi
Reza Musavi
wrote on 02/17/2012 at 1:13 p.m. PST

Market rents are just that - "Market rents". Why should governments intervene to artificially set prices below "market rents". How would you feel if in your chosen profession, the government determined that it was only worth "x" dollars when others were being paid "y". Or rather than you achieving a market based raise, you were limited to only what you made over the past several years??? Just doesn't seem to make sense.

Joe Bay
Joe Bay
wrote on 02/17/2012 at 10:15 p.m. PST

And will you Eric please explain to me why individual property owners should subsidize your rent, and not either YOU or the government?? And why you think it's okay to steal from property owners, but not from a supermarket?

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 12:39 a.m. PST

Interesting, if laughable, point of view. My landlord (like most landlords) doesn't subsidize shit.

They buy as much property as they can, pay others a pittance to maintain it, and charge myself and my fellow tenants vastly exorbitant rents so that they can sit on their asses, go on continuous vacations, play golf, and most importantly flip both their real estate and financial investments for even higher profits, so that they can become even wealthier and buy more property with which to rob the rest of blind through rent and speculation.

That's the planet I and everyone else reading this blog lives on. By all means send a post card from the one where you reside, so that we can see what it looks like.

Joe Bay
Joe Bay
wrote on 02/18/2012 at 12:57 a.m. PST

It's horrible that this country has laws that prevent people named Eric from buying property. And here you've got the whole system figured out, and because of your name, you can't buy land and are being discriminated against. Instead you are stuck in a system where these people steal your money by letting you live in their building.

Oh, the inhumanity of it all! I'll be shedding many tears for you and your situation...

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 1:22 a.m. PST

You ludicrously behave as if all people in this country have the equal ability to buy property. But of course they do not.

Some people can, and they generally do so, and then extort exorbitant rent from those who cannot.

What about the equation 2 + 2 = 4 do you not grasp?

Joe Bay
Joe Bay
wrote on 02/18/2012 at 4:10 a.m. PST

What do you not grasp about private property rights? Hmmm? I can't just come and help myself to anything you own, simply because I may or may not need it. Do you understand that concept? If not, please send me your address and bank account details so I can illustrate for you what the concept of private property means, and what it is like when it is violated.

Anyway, you're not interested in facts, nor logic, nor in private property, so it's really pointless to even reply to you...

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 11:44 a.m. PST

You are mistakenly confusing -personal- property and -private- property.

Personal property is perfectly reasonable. Everyone should be able to own a personal space to live in and the things to fill that personal space that fulfill one's life.

That kind of personal ownership has nothing to do with 'Private' property, which is owning -more- than just the personal items and space you need as an individual, so that you can make a profit renting and speculating off of what you have hoarded, while you do -nothing- of true economic value.

Indeed, that kind of hoarding of property from everyone else so that it can be held hostage for profit making, must be abolished, because it badly drags down the real economy, making all of us worse off; even the stupid elites who are doing the hoarding.

condo hell
condo hell
wrote on 02/17/2012 at 11:38 a.m. PST

The fair solution would be for the federal government to stop subsidizing jumbo mortgages so housing could crash to a level everyone could finally afford. Without massive government support from tax breaks and mortgage support, housing would be quite reasonable in SF.

Truth in Moderation
Truth in Moderation
wrote on 02/17/2012 at 12:28 p.m. PST

Your suggesting that San Franciscans somehow benefit from mortgage interest tax deductions in a much greater fashion then everyone else in this country -- therefore, increasing the price of housing here. Of course, that's not the case. In fact, since most of us rent, mortgage interest tax deductions have less of an impact here than in other places. So no, changing the way that the IRS treats mortgages would not make housing quite reasonable in SF. Sorry.

condo hell
condo hell
wrote on 02/18/2012 at 9:13 a.m. PST

Not according to Realtor.com.

http://www.realtor.org/government_affairs/summer_2011_talkingpoints

"Reducing the Mortgage Interest Deduction Would Have a Very Uneven Geographic Distribution

Cutting the amount of mortgage debt that is eligible for a mortgage interest deduction would be an immediate tax increase on homeowners everywhere, but in high cost housing markets such as California, New York, and Northern Virginia such a tax increase would be especially devastating. In many of these high cost housing markets $500,000 is a modest middle class house or condo.

Truth in Moderation
Truth in Moderation
wrote on 02/21/2012 at 2:55 p.m. PST

The initial implication was that the mortgage tax break was responsible for the high price of housing in San Francisco -- and that eliminating the tax break would bring the cost of housing down. I agree with the Realtor.com article, that, given the cost of the housing stock here, the effect would be huge. But the tax break alone doesn't account for the cost of housing here, which is far more a factor of the City's desirability, limited housing stock, limited growth potential, and concentrated wealth. Throw in Prop 13 and rent control laws that discourage people from moving (making the rental and ownership markets less efficient and more expensive for the next person who wants to rent or buy), laws that inadvertently encourage landlords to leave units vacant, and San Francisco's squishy construction approval processes that allow anyone to object to anything, anytime, without any sort of legal hook, and it is abundantly clear (to me, at least) that this is a multifaceted problem that cannot be fixed by waving a magic wand--be it eliminating the mortgage interest tax break, "vacancy rent control," or making modifications to existing rent control policies absent changes to other local and state housing policies.

Joe Bay
Joe Bay
wrote on 02/17/2012 at 11:06 p.m. PST

I agree with that as well.

condo hell
condo hell
wrote on 02/18/2012 at 9:17 a.m. PST

Because you are uninformed.

"One of the costliest tax deductions in the IRS code is the one that allows homeowners to deduct their mortgage interest from their income. The $477 billion in deductions taxpayers claimed last year (which includes second homes and home equity loans, and covers mortgages up to $1 million) is highly skewed to upper income households concentrated in the suburbs of a few major metropolitan areas and along the coasts."

http://www.weeklystandard.com/blogs/who-benefits-mortgage-interest-deduction_614586.html

condo hell
condo hell
wrote on 02/17/2012 at 11:36 a.m. PST

That doesn't explain rents in the south bay, which are actually higher than they are in San Francisco.

FoggyEthan
FoggyEthan
wrote on 02/17/2012 at 3:33 p.m. PST

NY rent control, actually rent stabilization, is very limited these days, and covering fewer units all the time. Also as mentioned later, rent is just as crazy in popular parts of the South Bay.

Your comment starts with the supposition that rent control is about keeping low rents. It's about maintaining stable rents once you are in the unit, which SF rent control accomplishes.

Patrick Mitchell
Patrick Mitchell
wrote on 02/17/2012 at 8:02 a.m. PST

The bottom line is that rent control only helps a small percentage of people while simultaneously rewarding others who do not (financially) need that help. It's an outdated system that should be abolished.

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 11:11 a.m. PST

Or.. We could just adopt vacancy rent control, and solve the whole problem.

Reza Musavi
Reza Musavi
wrote on 02/17/2012 at 1:15 p.m. PST

1. I don't see how this would solve anything.
2. We just have a philosophical difference about the role of government and ones ability to own property without government intervention.

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 5:25 p.m. PST

It is patently obvious. If landlords could not raise rents on vacant apartments beyond the existing controlled rent of their previous tenants, they wouldn't be able to raise rents to the ridiculous sky-high market rates that currently exist, and rental housing stock in San Francisco would become profoundly more affordable.

That's not philosophy, it's basic math.

Reza Musavi
Reza Musavi
wrote on 02/17/2012 at 6:50 p.m. PST

So in other words, if the value of the lease were established 20 years ago, the value of the unit would be exactly the same as 20 years ago, plus the 1% or thereabout annual increases that are allowed? If I am understanding you correctly, the owner/landlord would have no incentive to own property as the income would not even keep up with inflation. Since the state would be calling all the shots, seems easier just to have the state own all properties, right?

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 7:21 p.m. PST

The obvious factor which you are all too conveniently leaving out of your equation, is that because there has been no vacancy rent control, the current profits that most landlords make are immense; truly the stuff of the 1% grabbing everything from the 99%.

So -even- under the scenario you paint, it would take decades (in some cases centuries) for profits to fall to zero.

And of course, it could easily be a component of a new vacancy rent control law to simply index rent increases to cost of living increases, thereby eliminating the very problem that you have projected.

Hence, no problem.

Indeed the only reason that current rent increases on rent controlled property are indexed at lower than inflation/cost-of-living is to counterbalance the fact that property owners are making ridiculously massive profits on the other units they own, which they can rent at exorbitant market rates.

Joe Bay
Joe Bay
wrote on 02/17/2012 at 10:22 p.m. PST

Wrong, the reason why rent increases are indexed at lower than inflation is because 60% of residents are renters, and politicians are pandering to voters. Duh.

Gas is exorbitantly expensive too, let's tell gas stations they have to charge prices based on 1998 and see what happens!

condo hell
condo hell
wrote on 02/18/2012 at 9:19 a.m. PST

You're absolutely brainless.

"We show that the distribution of benefits accruing from the mortgage interest deduction is highly concentrated geographically, with the preponderance of benefits going to residents along both the east and west coast, and to those living in suburbs of major metropolitan areas. Using IRS data on actual tax filer claims, we find a concentration of benefits at the ZIP code, city, congressional district, and state level. The markedly uneven distribution of benefits across political boundaries may offer a path to a scaling back of the mortgage interest deduction in favor of reducing the deficit or income tax rates."

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1932845

condo hell
condo hell
wrote on 02/17/2012 at 11:44 a.m. PST

The reason rich people have rent control is because they can't afford to buy either.

Jonathan Nack
Jonathan Nack
wrote on 02/17/2012 at 8:06 a.m. PST

This is just pro-landlord propaganda trying to take advantage of public sentiment that the rich should pay their fair share. Eliminating rent control would make S. F. a city almost exclusively for wealthier people.

Revising rent control by means testing will do nothing to improve the situation for middle and low income renters. Ted Gullickson is absolutely right.

Eric Brooks is also correct that removing a state law banning vacancy rent control would solve the problem in a tenant friendly way.

The article utilizes an old propaganda trick. It quotes from the small landlords, but not the rich landlords. The great majority of rental units are owned by rich landlords. The rich landlords would be the big winners if rent control was means tested, while middle and low income tenants wouldn't benefit at all. It is unconscionable, and poor journalism, to write an article on this and let landlord advocates get away with this trick once again.

Camryn Brown
Camryn Brown
wrote on 02/17/2012 at 9:25 a.m. PST

Eliminating rent control would not make SF a city "a city almost exclusively for wealthier people" if it were replaced by a better system (see my other comment).

You seem to be stuck in "a rent control or nothing" perspective. I'd suggest the vacancy rent control modification is just lipstick on a pig.

Why not apply the same principles to rent that we do to food... subsidize the purchaser, don't control the price.

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 11:00 a.m. PST

Please explain with actual facts, how adopting vacancy rent control would just be 'lipstick on a pig'.

Camryn Brown
Camryn Brown
wrote on 02/17/2012 at 12:12 p.m. PST

Well, sure. I may be wasting my time though, as we seem to be poles apart. Let's say we both agree on affordable housing for all, but you seem to think it can be magically provided without leveraging the profit motive.

The reason I think vacancy rent control is lipstick on a pig is that it really only addresses the issue that rent control favors the long term renter and does little to help new residents or expanding families that need to move.

It actually makes worse the burden on landlords for a program that is intended to benefit all of society. It also increases the incentive to let the assets run down. My other posts are clear on why the cost of affordable housing should be more widely spread. Subsidize the renter, don't limit the rent. It works fine for food (e.g. food stamps, not a price limit for eggs).

I think you should ask yourself if ideology is causing you to stick with rent control, when a solution that works more closely with the market (rather than fighting it) could achieve the exact same end without all the distortions and waste of rent control (in any form). If you stick with ideology of not making profit from housing, then that is your true goal... rather than simply making housing affordable in the simplest way. That's your right, but be clear about it!

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 5:37 p.m. PST

None of the argument you just made is factually compelling in the slightest.

Most particularly, your idea of making entitlements available for housing, similar to food stamps and other welfare, would make those payments dangerously subject to federal and state budget cuts.

In fact, the Section 8 program, which is exactly the sort of rental assistance that you are touting, was recently torpedoed by the federal government putting thousands of people out into the streets.

Safety nets and entitlements are too easy to cut. Rent control is not easy to skirt, because it requires no government outlays.

Finally, most large scale property owners (i.e. most landlords) are massively wealthy and aren't remotely paying their fair share of social needs in the slightest. It is precisely they, who should bear this burden above all others, because it is those rent takers who are, more than anyone else, ripping us all off.

Camryn Brown
Camryn Brown
wrote on 02/17/2012 at 6:27 p.m. PST

You have an annoying tendency to consider your opinions facts, and others' opinions "not facts" and to compound that by calling people stupid for not seeing "the facts" as you do. You're blind to your bias, calling everyone else blind to their bias. Try to have a little more respect for others.

You've just presented some extra pros and cons, as I have been doing.

I consider making entitlements part of the above the line budget to be a *pro*. We should be conscious and aware of the total cost of government programs so they can be weighed and managed accordingly. "Off budget" programs like rent control are not a transparent way for our society to conduct it's business. Unintended side effects abound.

If, once we see the total cost of all programs, we wish to make housing support more or less of a priority then that can be done. If taxes need to be raised to pay for all desired programs, then taxes should be raised.

You're hitting all landlords with the same hammer... tax could impact each landlord according to their individual capacities. Your class-oriented world view is making you see all landlords as the same, precisely one of the points this article is refuting.

condo hell
condo hell
wrote on 02/17/2012 at 12:10 p.m. PST

"You seem to be stuck in "a rent control or nothing" perspective."

Actually no Camryn. The real solution is repeal prop 13, end government subsidies for jumbo mortgages, and eliminate real estate tax breaks, which only help the super rich in a tiny handful of US metropolitan areas.

Until that happens we all have to put up with whiney rich people ragging on and on about rent control.

Camryn Brown
Camryn Brown
wrote on 02/17/2012 at 12:16 p.m. PST

I agree with all of those changes. In a future where those programs have been eliminated, I would still wish to see rent control eliminated too. Subsidizing the rent makes more sense.

Have you heard Aesop's fable of the oak and the grass? The oak boasts how strong it is, but it blown down in a windy storm. The grass just bends with the wind. The market is wind... you can't beat it, you can only get desirable results by working with it.

Camryn Brown
Camryn Brown
wrote on 02/17/2012 at 8:16 a.m. PST

If San Francisco society wants the city to have affordable rentals, then San Francisco society should pay. At the moment, a social program is being paid for entirely by landlords.

The idea is that we're all better off living in a society where people come from diverse economic situations and backgrounds. So, why are we only making landlords pay?

The obvious solution seems to be to scrap rent control and pay targeted rental subsidies to those on lower incomes to help them pay market rent. This works well in New Zealand, for example.

Under such a scheme, the cost of the scheme is imposed on the true benefactors (society as a whole) and the scheme is targeted to those who truly need it (not just whoever is lucky enough to get into a property built before a certain date). Other benefits include that it will create more diversity across the city because the average age of buildings in each neighborhood will no longer be a factor, and landlords will have the needed incentives and funds to rent out their properties and maintain them properly.

The obvious question is how much this would cost the city budget and where that money would come from... I would suggest SF would need to sacrifice some lesser programs but would also need extra funds since it's making landlords pay through a hidden tax right now. Really, Prop 13 has to go so property taxes can fund this. Doesn't this just move the cost back onto landlords again? Not entirely... and to the extent it does, at least it's transparent and obvious. Overall, though, property taxes have a wider base (owner-occupiers too), can be set according to true wealth, and are less avoidable.

No matter what your political position, rent control has to be seen as failing. We can argue about what society should provide, but at least society should provide it clearly and fairly.

condo hell
condo hell
wrote on 02/17/2012 at 12:07 p.m. PST

"At the moment, a social program is being paid for entirely by landlords."

Thats not what they tell me at realtor.com.

http://www.realtor.com/basics/buy/closepossess/taxbenefits.asp?source=web

-- Tax Benefits of Home Ownership Are Almost Too Good to Be True
Uncle Sam helps you in three ways when you own your home. --

Camryn Brown
Camryn Brown
wrote on 02/17/2012 at 12:22 p.m. PST

You're just describing another malfunctioning social program. I agree with scrapping them and finding other ways to target the real issue... that it is desirable for people to have assets, and particularly their own home.

John Smith
John Smith
wrote on 02/17/2012 at 8:49 a.m. PST

I'm sorry but this article is so full of holes that you can smell the all the BS that is behind it.

Even if Facebook folk and other tech people are going to become very wealthy during this new bubble the vast majority of renters on rent control are not ever going to be "millionaires".

Also all new housing built in SF is not covered by the same rent control, so if the problem is not enough housing then developers should be having a field day building housing and then renting units out at sky high prices with the ability to raise rent after the lease expires.

Speaking for myself I am in a rent controlled 1 bedroom apartment in an old Victorian and it costs $1600 a month which is huge portion of my income. In my neighborhood the current Craigslist price of a 1 bedroom is at least $300 more than that. If I didn't have rent control I would have had to move out of San Francisco long ago.

On a side note my landlord is a known slumlord and our building almost got declared unfit for habitation(we received three notices posted on our door from the City) because the fire escape was about to collapse and the slumlord refused to build a new one. After being threatened with increasing fines by the City(thank you regulation!) he finally had a new fire escape built. If I could I would move but rents are just too high.

If I suddenly became an overnight tech millionaire, I would be looking for a new rental unit the next day. Preferably I newer unit with a washer dryer, dish washer, garbage disposal, and no cheap ugly 80's era office carpet.

So please, spare me the propaganda sympathy for landlords.

American Voter
American Voter
wrote on 02/17/2012 at 9:36 a.m. PST

Ha..."Critics say it is just the latest failure of the city’s housing policies." Latest???

You can blame sky high rents on the poverty pimps who have perverted a system of price controls that was to sunset soon after it was enacted.

And to those who claim "housing is a right". You are right, you can live in a cave or on the street or in any public space your government allows you to reside. Your rights are not superior to my rights to hold property. You are free to buy my private property for your personal use anytime you want. Then you can do what ever you like with "your" property.

Only in California and New York are the rights of private citizens ownership trampled in the name of social programs. Otherwise known as Mob Rule.

You reap what you sow and the higher cost to living in SF is what you planted. Get use to it.

Rent control and getting sued by sick predator tenants and their pervert lawyers have caused me to removed my property from the rental market. I prefer to leave it vacant as property values recover so I can sell my property to the highest bidder. Never again will I be subjected to the perverse climate of sick socialist antagonist thinking they control my life and property.

You want free housing go build it.

I applaud the rising rents newcomers face when trying to find a place to live in SF. Maybe...just maybe those who feel the real pain of social engineering will finally figure out it ain't working like it was designed too.

Those of us that have been victims of social engineering have already figured it out.

condo hell
condo hell
wrote on 02/17/2012 at 12:00 p.m. PST

Ha ha ha tell the US Supreme Court.

S.F. Peaches
S.F. Peaches
wrote on 02/17/2012 at 9:44 a.m. PST

Rent control is based on good intentions, but it's abused. I don't know of any alternative, though.

I lived in a tiny efficiency studio in the TenderNob for twenty-eight years. By the time I moved out, many of the other people who had benefitted the most from rent control had already moved because they couldn't stand it anymore. The building had deteriorated greatly, and the laundry room was filled with remodeling discards, including toilets.

It seems doubtful that rent control was at the root of the problem, though. There was a much bigger problem with tenants who had moved into refurbished one bedroom apartments at an unreasonable rent, and then defaulted within a few months or a year. Some of those tenants were good people who lost their jobs in a weak economy, and some were manipulators who couldn't be trusted by anyone. The people in the latter category were more common, and most likely to fight eviction to the bitter end. Although I didn't have access to the landlord's financial information, it appeared certain the legal costs of evicting those people exceeded the amount of money they paid in rent.

Rent control has become a scapegoat for many of the problems related to housing in San Francisco. Maybe the owners of rental property don't have access to a decent screening method to identify good tenants, but whenever I heard anyone blame rent control for the mess we had in that building I wasn't sure whether to laugh or start yelling.

There was some comic relief. When a highly responsible, rent controlled family moved out of one of the dilapidated one bedrooms, the owner put a small fortune into improving the apartment so the next tenant could be gouged. The next tenant moved in and promptly stopped paying.

Sharon Boschert
Sharon Boschert
wrote on 02/17/2012 at 10:10 a.m. PST

I would agree with Jonathan Nack that this is poor journalism except that it's not even a news story. It's a Column. Which means it's opinion, not reporting that is vetted by editors. What the hell is a Column doing at the top of the Bay Citizen news feed? I subscribe to get news, not ideological rants that try to disguise themselves by throwing in selected numbers and random interviews.

As for the piece itself, as someone else said, there are too many holes in it to list them all. Just some obvious ones: why is the headline screaming about millionaires when the only landlord who is quoted says her tenants are not wealthy? And when the columnist says 29% of San Franciscans are poor? And doesn't even mention the 44% of middle-income residents?

There are kernels of several good analytic news stories here that some good reporting AND editing could turn into something worth reading. But taking a sensationalist Column and slapping an even more sensationalist headline on it and putting it at the top of your news feed in my inbox is sad. I expect better of the Bay Citizen.

Jennifer Bestor
Jennifer Bestor
wrote on 02/17/2012 at 10:13 a.m. PST

Rent control swept California in response to Proposition 13. Why should landlords, who were charging whatever the market would bear, get the benefit of tax rollbacks to a quarter of what they'd been paying -- plus a 2% cap on increases?

Sauce for the goose became, with rent control, sauce for the gander.

Of the three major groups of owners, residential commercial apartment owners have enjoyed the biggest entitlement subsidies from Prop 13 (and Prop 58, which made Prop 13 bases inheritable). 59% of apartment buildings in SF are assessed on values from 1994 or earlier, compared with 42% of single family homes.

But, unlike single family homes, which at least tend to make smaller demands on the local services as time goes on (kids graduate from schools), apartments regularly cycle through new families.

Perhaps the reporter, who seems to have researched the percentage of 3-4 unit buildings owned by "mom'n'pops" could tell us how many of those owners are, in fact, "heirs'n'spares" paying 1975 taxes while collecting (oh, the horror of it) mere 2008 rental rates? If he researches it, I suspect he'll find that, as usual, this is predominantly the 1% snarling at the horror that anyone else should get the same kind of set-in-stone entitlement they enjoy.

Howard Jarvis is quoted as telling apartment owners in California (he was a lobbyist for the LA Apt Owners Association) that they had the "most to lose" if Prop 13 failed. Is it a surprise that they've also had the most to gain?

Truth in Moderation
Truth in Moderation
wrote on 02/17/2012 at 3:25 p.m. PST

I only recently learned about Prop 58 -- it's a staggeringly hideous piece of legislation. You could go so far as to call it unamerican in the way that it resembles feudal European ideas of property and inheritance rights.

Sue Vaughan
Sue Vaughan
wrote on 02/17/2012 at 11:06 a.m. PST

This story lacks a strong analysis of rents and just implies that they are "too low" relative to the increasingly high incomes of the new generation of dot.commers, noting only that the average rent for vacant apartments is $2,500 -- but we don't know the average square footage. For example, a friend of mine probably makes at least $100,000 a year and yet pays about $2,500 a month for her one bedroom apartment that does not even include parking. I know someone else who pays $769 a month for a two-room studio, but he has been underemployed for years, a casualty of the recession and decades of tax cuts that have devastated his field of work, and his monthly expenses are now greater than his income.

Steve Shea
Steve Shea
wrote on 02/17/2012 at 11:19 a.m. PST

i guess i'm not clear on what this article is really saying. i'd like to point out, first of all, that rent control is not "subsidizing the super-rich", it's subsidizing everyone who lives in a rent-controlled apartment, regardless of income. the tone of this title seems to imply that we shouldn't have rent control (which doesn't surprise me, giving the generally right-leaning undercurrent of the bay citizen) but any change in the system would just make it harder for residents dependent on rent control, including myself, to continue living in san francisco.

Steve Shea
Steve Shea
wrote on 02/17/2012 at 11:26 a.m. PST

i mean, the current trend of gentrification in the city- increasing rents, increasingly wealthy residents- would continue regardless of rent control. san francisco (like new york, dc, atlanta, etc) is on track to become a totalized haven for the wealthy, like the suburbs have been for the last five decades. rent control was meant to slow this process, and it probably has. anecdotes about wealthy people paying just a little rent (and presumably signing leases at market rates, correct?) don't reflect the full story.

Greg Dewar
Greg Dewar
wrote on 02/17/2012 at 11:23 a.m. PST

question: why is it most of the new housing built in SF has been luxury condos, often serving people who don't live here full time? Why does the city refuse to allow anyone to build more rental housing or middle-class priced condos? Flip side - why do no developers bother to try?

And don't say "OMG teh rentcontrols!" because new rental housing would not be subject to the rent control law. It seems if we had more of that, especially during these tech driven short term boom times, it would relieve the pressure off of older housing units, and maybe there's a way we could help out the small number of landlords with small buildings.

BTW, I live in a "rent controlled building" but I pay market rate rent. Sure the rent doesn't go up year after year, but 95% of the folks in our 30 unit building are paying market rate or are now paying boom time prices. The handful of elderly people who've lived here a long time don't significantly impact the bottom line here at all.

San Frustration
San Frustration
wrote on 02/17/2012 at 12:04 p.m. PST

So let me get this straight... I'm supposed to feel sorry for a woman that bought a property for $20,000 that is now most likely worth over $1 million due to a propped up housing market and then ignore the significant subsidies she has received annually in the form of Prop 13?

The grass is always greener in everybody else's yard for short sighted, greedy people like this, who will always complain about perceived slights that don't benefit them further.

American Voter
American Voter
wrote on 02/17/2012 at 12:26 p.m. PST

Actually if her property has increased that much her tax bill
went up by 2% of base value every year since she purchased her property.

Let's be fair Prop 13 allows the assessor to apply 2% increases every year. I doubt she has seen any reduction in her tax assessment since purchasing her property.

You folks would rather the woman be taxed out of her home as was the case before Prop 13.

Spend...spend....spend those tax dollars....someones got to pay for the public employee benefits....

San Frustration
San Frustration
wrote on 02/17/2012 at 2:15 p.m. PST

Let's crunch the numbers. She paid $20,000 in 1980, therefore her property taxes were $200 in year one. They only go up 2% (though this could be lower depending on inflation) and continue for 32 years to today. Guess what she is paying in property taxes for her $1 million property? $377 per year.
Do you see the problem now?

MJP
MJP
wrote on 02/18/2012 at 8:38 a.m. PST

$20,000 isn't what she paid for the property. That's the amount she put down.

American Voter
American Voter
wrote on 02/17/2012 at 12:14 p.m. PST

Let's keep it simple folks....IT'S ALL ABOUT SUPPLY AND DEMAND! Regardless of the headlines, SF has exemplified social engineering in it's worst form.

High rents and limited supply are the forces driving the market. Rent control is just a factor keeping tenants locked up for life.

With government subsidies to offset the cost to build in SF U R screwed.

The only way SF was able to build affordable rental housing was through redevelopment.....by...by subsidies.

Keeping rent control in place just keeps rents high. Removing "Vacancy control" laws would be the nail in the coffin for any new future rental units constructed in the city.

Vacancy control, i.e. allowing rents to rise based on market conditions after a tenant leaves is the only thing that has allowed owners make up for their years of subsidized rent to tenant.

U think you got it bad now, remove vacancy control...game over....the number of units removed from the market will triple or quadruple.

American Voter
American Voter
wrote on 02/17/2012 at 12:15 p.m. PST

Without government subsidies to offset the cost to build in SF U R screwed.

Source: The Bay Citizen (http://s.tt/15Jar)

condo hell
condo hell
wrote on 02/17/2012 at 5:31 p.m. PST

Not really. The mortgage interest tax deduction overwhelmingly favors wealthy tax payers and yet is the seventh largest item in the federal budget. SUPPLY and DEMAND my a$$.....

http://www.fool.com/investing/general/2010/11/23/2-huge-misconceptions-about-killing-the-mortgage-i.aspx

-- 2 Huge Misconceptions About Killing the Mortgage Interest Deduction --

"Mortgage interest deductions cost the Treasury as much as $130 billion per year in lost tax revenue. Consider just how much that is. If the cost of subsidizing mortgage interest were a line item in the federal budget, it'd rank as the seventh costliest -- just ahead of education and veterans benefits. The federal government spends more money subsidizing mortgages than on anything other than defense, entitlements, unemployment insurance, and interest. Pretty incredible."

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 5:40 p.m. PST

No actually it isn't about supply and demand. There are currently 30,000 vacant units in San Francisco, which should be required to be rented out, but are not.

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 12:50 a.m. PST

You clearly don't have a clue what you are talking about. 'Vacancy Rent Control' means exactly the opposite of what you are claiming it means.

Vacancy rent control laws are put in place to -prevent- rents from being raised to market rate after current tenants move out. This is to prevent landlords from going completely nuts raising rents as has been happening in California ever since Costa Hawkins passed.

jeff webb
jeff webb
wrote on 02/17/2012 at 12:17 p.m. PST

Quite a few of those so called 'vacant' units aren't vacant. They're being used as vacation rentals, illegally, and off the books.

Perhaps that should be Scott's next article on scandal

Landlords get more rent doing it this way, not subject to rent control, while keeping it listed as 'vacant. See this website

http://www.vrbo.com/vacation-rentals/usa/california/san-francisco-bay-ar/san-francisco

Eric Brooks
Eric Brooks
wrote on 02/17/2012 at 5:41 p.m. PST

Doesn't matter. There are still thousands of vacant units.

Scott James
Scott James
wrote on 02/18/2012 at 12:30 p.m. PST

Hi Jeff,

Thanks for commenting...and for mentioning this.

We've done some reporting on the vacation rental issue. In fact, we broke the story in 2010 that such arrangements are largely illegal under an obscure city law dating back to 1981.

http://www.baycitizen.org/columns/scott-james/vacation-apartment-rentals-lucrative-and/

But despite uncovering this, and promises by some supervisors to enforce the law, little has changed since we first published that story.

Thanks again for chiming in.

Best,
Scott

Larry Bush
Larry Bush
wrote on 02/17/2012 at 12:17 p.m. PST

I am a small landlord who strongly disagrees with the position of the Small Property Owners regarding rent control.

My experience is that renting slightly below market rates generally results in a happier tenant who takes care of his/her home. I do not pass through costs such as additional assessments, property improvements, etc. which are allowed under the rent control law. I do not raise rents by the annual adjustment factor until after about five years, and then gradually still retaining reasonable rents. My tenant’s income is significantly higher than my own.

The costs for my rental unit exceeds my rental income every year. This is partly because I spend money on improvements like new appliances, remodeling a bathroom, etc.

However, this is only part of the picture. It remains profitable for me to be a landlord -- far more than if I were simply a homeowner without rental property -- because of the tax benefits I receive.

I can deduct up to $25,000 in losses from rental property from my personal income taxes every year. In terms of my own unit, I also get to deduct mortgage interest, property taxes and other eligible costs.

As someone who worked at HUD for more than a dozen years and is familiar with various government-funded rent subsidy programs, I can also speak to the fact that San Francisco homeowners on average receive a larger federal subsidy due to tax write-offs and FHA mortgage terms than do residents of public or assisted housing.

Ending vacancy control was a plan proposed by then-Mayor Art Agnos but it failed at the ballot. His plan allowed for a catch-up clause that still kept rents reasonable. If vacancy control had ended in 1991 when he proposed it, rents in San Francisco today would likely be lower than they are now by a measurable degree.

However, rent control does not apply to units built after 1979. We have seen a substantial number of market-rate housing built in the last thirty plus years, sometimes with funding at fairly high interest rates. There has been little to no discussion of amending the rent control law to cover the post-1979 units because the state law pre-empted local governments from adding that provision.

Rent control also does not apply following a condo conversion when the converted unit is returned to rental status.

Some of the posts here, while well-intentioned, are facile because they don’t examine the larger issue.

Probably the most significant issue for small landlords who live in their building is not the rental income but the provision that makes it very difficult to evict a tenant who is a consistent problem and makes life very difficult.

But I don’t think that issue is going to be addressed either.

In an imperfect world, we aren’t going to find the perfect solution to rent costs in San Francisco. Rent control, however, gives tenants a level of security that is necessary for them and for the good of the community.

It also, like anything, can create some unfair burdens. But nothing proposed here is an improvement over a system that makes this a city we all like.

Reza Musavi
Reza Musavi
wrote on 02/17/2012 at 1:20 p.m. PST

If rents were significantly lower and the demand what it is today, the departing tenant could essentially "sell" his tenancy to a new prospective tenant which would establish a market rate for the rental unit. In this scenario, the outgoing tenant would pocket the difference - I wonder how fair that would be?

Joe Bay
Joe Bay
wrote on 02/18/2012 at 6:48 p.m. PST

Actually, there is a perfect solution. If the city wants to subsidize rents, they should give vouchers similar to Section 8. Then there would be no unfair burdens for landlords, and truly bad tenants could be evicted.

Everyone also knows the best way to bring housing prices down in general. You build more housing. So areas of SF need to be defined where very high rise housing can be built. It will not be cheap to build, so may not be cheap to rent, but in a market economy it siphons off a lot of the demand, bringing the rent on other units down. The more units that are built, the lower prices will drop. Simple supply and demand. Building a lot of SRO units would definitely help bring down prices as well.

Eric Brooks
Eric Brooks
wrote on 02/18/2012 at 11:30 p.m. PST

To repeat. Section 8 was decimated by the federal government. Hence, such entitlements, subject to cuts, are not a solution.

And again, there is an oversupply of thousands of units already.

The problem is not supply. The problem is exorbitant rent prices on that supply.

Joe Bay
Joe Bay
wrote on 02/18/2012 at 11:48 p.m. PST

No, the problem is supply.

Ask an economist instead of your crystal quartz.

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 3:09 a.m. PST

Interesting. How can there be a supply problem when there is a surplus of thousands of units?

After you go ask an economist to explain that grade school math problem to you, I will eagerly await your brilliant answer.

Joe Bay
Joe Bay
wrote on 02/19/2012 at 7:13 a.m. PST

Sorry, I did not realize you hadn't read the article you are commenting on.

The article already answers your question... and I quote "about 10,600 units are kept vacant by landlords who would rather not deal with rent control".

Do you have any other questions with glaringly obvious answers that you need answered?

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 2:47 p.m. PST

In other words, the problem is selfish landlords trying to duck rent control, while they scheme ways to make higher profits through eviction and property flipping.

Do you have any other glaringly obvious answers that so perfectly make the case for your opposition?

eight arms
eight arms
wrote on 02/17/2012 at 12:28 p.m. PST

Plan C finds another idiot to spread their propaganda?

MJP
MJP
wrote on 02/17/2012 at 3:02 p.m. PST

It would be good to have some idea how many people, upon finding themselves "super rich," decide to stay in their original rental units rather than buy their own place, either here in San Francisco or in the suburbs.

FoggyEthan
FoggyEthan
wrote on 02/17/2012 at 3:37 p.m. PST

The key point is at the end: if we test incomes, then landlords will preferentially rent to the rich who test out of rent control, making it harder for others to find a place to live.

Pitting "working class" landlords against "wealthy" tenants is silly. I expect it to be very uncommon for tenants to be richer than their landlords. It'll happen, but not frequently enough that it should set policy.

We could solve the problem by pushing the insurance industry to create an insurance policy for landlords that pays out only if the tenant stays for longer than a certain period of time. It would pay out more each year. The landlord would pay in from day 1 of the tenancy. So for tenants who only stay a year or two, the landlord pays the insurance company and receives nothing back. If the tenant stays for a decade, the landlord is receiving significant payments to compensate for lost rent increases.

The price of such insurance would teach us a lot about the real cost of rent control.

Douglas Montgomery
Douglas Montgomery
wrote on 02/17/2012 at 7:42 p.m. PST

Vacancy-decontrol rent stabilization is neither good nor bad. It does change the market and favor long-term tenants at the expense of newer residents, regardless of their individual financial condition. It slowly but surely eliminates older housing stock. It contributes to neighborhood stability and a sense of community.

Big-time landlords barely notice rent control because their odds of having long-term tenants is balanced, over a high quantity of rentals, with those new residents who are paying even higher rents because of the consequent reduction in supply. But for small landlords, the bad fortune of having a disproportion of long-termers can sour a lifetime of labor and investment.

It's better to have low income renters as part of the community, and not all housed in isolated developments or shipped off to Modesto. How to do it?

Joe Bay
Joe Bay
wrote on 02/17/2012 at 10:06 p.m. PST

What nobody on either side of the argument seems to be saying is quite obvious to me. If the government wants to provide housing to certain people at below-market rates, then the government should pay for it. It's really that simple.

If the people of a city want to subsidize "diversity", if they want to subsidize millionaires, if they want to subsidize Martians, that's great. Then the people of the city should pay for it.

End of argument. We don't demand that supermarkets give free food. We give poor people food stamps so that they can pay the supermarkets for the groceries being taken. We also shouldn't be stealing from private property owners whether they're rich or living month-to-month.

condo hell
condo hell
wrote on 02/17/2012 at 10:54 p.m. PST

Take it to the Supreme Court.

Joe Bay
Joe Bay
wrote on 02/18/2012 at 12:37 a.m. PST
condo hell
condo hell
wrote on 02/18/2012 at 8:39 a.m. PST

So it is.

- A Landlord’s Uphill Fight to Ease Rent Restrictions -

http://www.nytimes.com/2011/12/20/nyregion/in-uphill-fight-over-rent-potential-for-a-major-shift.html?_r=2

"The city’s rent regulations have been challenged many times going back decades, making this case an uphill battle. Mr. Harmon has lost twice in lower courts, most recently in September, when the United States Court of Appeals for the Second Circuit, in Manhattan, ruled that the rent-stabilization law did not constitute a “taking” because it did not stop him from using the building as a rental property and did not stop him from living there himself."

Joe Bay
Joe Bay
wrote on 02/18/2012 at 9:29 a.m. PST

That is indeed what the second circuit ruled, and what the Supreme Court is considering reconsidering.

condo hell
condo hell
wrote on 02/18/2012 at 9:21 a.m. PST

Actually I hope the Supreme Court outlaws rent control because it will pressure the federal government to finally eliminate the mortgage interest deduction, at $130 billion annually the 7th largest item on the federal budget, and to stop subsidizing 5 trillion dollars in private mortgages, more than 90% of the US Housing Market, and use the money to subsidize renters as you suggest.

condo hell
condo hell
wrote on 02/18/2012 at 9:22 a.m. PST

Oh yea. And Prop 13.

condo hell
condo hell
wrote on 02/18/2012 at 9:23 a.m. PST

Oh yea. And jumbo mortgages.

condo hell
condo hell
wrote on 02/18/2012 at 9:24 a.m. PST

Because I'm sick of real estate agents testifying in congress that $500,000 makes you middle class in california.

condo hell
condo hell
wrote on 02/18/2012 at 9:26 a.m. PST

Because without massive, mind boggling housing stimulus over the span of decades, housing would be WAY cheap enough for everyone.

Tim Innes
Tim Innes
wrote on 02/18/2012 at 11:49 a.m. PST

I disagree with the premise that rent control benefits young tech millionaires, because most of them haven't been here all that long. The folks who really benefit are older, long-time renters, whose monthly payments are far under market rates.
Same is true for long-time homeowners, whose property assessments are far below current market value, thanks to Prop. 13.
What we have here are policies skewed to benefit old folks like me (I'm 67) – who may or not need the help – at the expense of young people, many of whom are working two minimum-wage retail or food-service jobs to be able to afford a tiny apartment in San Francisco.

Joe Bay
Joe Bay
wrote on 02/18/2012 at 6:33 p.m. PST

That's pretty much exactly what a report by HUD concluded over a decade ago. Rent control basically only helps one group of people - those who do not move. Whether they're rich or poor, whether they would like to move to be closer to family of work, whether they are black, white or martian. That's who it helps, and for no reason other than they haven't moved. They can be much better off than the landlord, and they can own 10 buildings elsewhere, but they get subsidized rent.

The group that loses the most, is anyone who is looking for an apartment. The remaining apartment rents are higher as a result. The economy and employment also lose as landlord do less improvements to properties, since they have less incentive to.

Douglas Montgomery
Douglas Montgomery
wrote on 02/20/2012 at 3:26 p.m. PST

I have an old cycling buddy in London who owns several rental properties, but has maintained his home for 40 years as a tenant in somebody else's building. Oh, and he's a retired rent board judge!

Douglas Montgomery
Douglas Montgomery
wrote on 02/20/2012 at 3:22 p.m. PST

Yup. Prop 13 is something like rent control for landlords. But if longtime SF landlords lose their property tax protected status, there will be an epidemic of Ellis-Acted properties. Then rents will go still higher!

Alvin Orloff
Alvin Orloff
wrote on 02/18/2012 at 1:20 p.m. PST

To write an article about SF's rent control without mentioning that when tenants move landlords can raise the rent to whatever they please is simply bad journalism. It's also bad journalism to trumpet a headline about SF's super-rich tenants taking advantage of their poor, pitiful landlords without hard statistics to back it up. (One suspects no statistics are cited because none exist.) The Bay Citizen and the New York Times bring shame upon themselves by presenting this article as journalism. It is an editorial, and a poorly written, deceptive, and unconvincing one at that.

KH
KH
wrote on 02/18/2012 at 4:14 p.m. PST

Agreed. The article also doesn't mention that landlords can "bank" increases for up to 5 years, then raise the rent all at once. In '94 the slumlords who owned our building (an often-enebriated husband and wife), who had banked the annual increase for several years, decided to suddenly raise the rent by nearly $700/month. I went to the rent board to ask if we could at least have some safety issues remedied if we paid more money, and was met by indifference. So my roommate & I moved out, and the scummy landlords raised the rent to a laughable (at the time) $2,000 month. (We'd been paying $900, or $450 each). I will never weep crocodile tears for a landlord after my experiences renting in SF.

S. Marty Pantz
S. Marty Pantz
wrote on 02/19/2012 at 1:05 a.m. PST

I have just flown through all the comments on the subject article and boy, are my arms tired. My compliments to Eric Brooks. I will take the liberty of treating him with all the respect he extends to others. I have never before seen quite such a display of dazzling ignorance so proudly displayed in a public arena. He waltzes through intellectual argument with all the skill and grace one might expect of a sumo wrestler on an NBA court. As another comment pointed out: his facts are facts, your facts are bullshit -- and insidious, mean, nasty greedy bullshit at that. Guys like this just deflect the argument into invective and/or repetitious, unyielding -- and irresolvable -- conflict. A lot of fire, not much [useful] heat.

A stab at substance: Why is demand for housing so high in the Bay Area? Good weather, beautiful scenery, [relatively] strong economy and all the cultural benefits afforded by a critical mass of people well off enough to support them. Why is supply so low? Because we want it that way. For a variety of reasons, many of them supportable, governments in the Bay Area do not allow the housing supply to keep up with demand. They have this power, mainly through land use controls, and they use it without restraint or shame. They do so with the unquestioning support of guys like Eric who I would bet would be unwilling to sacrifice a blade of grass for an added housing unit.

So Eric and his ilk keep supply down and seek to avoid the negative consequences of that by using the power of the State -- more specifically the power of the ballot in renter-dominated polities -- to repeal the law of supply-and-demand. In the name of neighborhood and community, they vote themselves affordable housing at the expense of someone else. It would more accurately be called subsidized housing rather than affordable housing. The renter gets to do the affording; the property owner gets to do the subsidizing.

Dear, sweet, deluded Eric believes housing is a right. Unless he is even more of an idiot than is readily apparent, he means entitlement. Most Americans outside of hard-core progressive bastions like the core Bay Area would find this ridiculous. Do you think Section-8 housing would survive a national referendum? And that's just a limited program for the demonstrably needy.

The assignment of the economic burden of one among us to another, under the color of law, is unsupportable. Surely, there are rich landlords and impoverished tenants. There is also somewhere out there a well off tenant whose landlords sits generationally between an autistic child and demented parent, trying in vain to care for both. Who should subsidize whom? Should everyone be means -- and burden-- tested and matched accordingly?

Pragmatically, rent controls drive up rents. Units occupied by tenants with well below rent are ostensively off the market. So the supply is reduced and the demand by others is unaffected. Hence higher rents for all but the entrenched.

The bottom line then is that rent control does not stand up to scrutiny either philosophically or practically. The proper expanse of nanny-state entitlements is debatable and literally goes from nothing to everything. What is clear is that any transfer of wealth in society which is forced upon citizens for the supposed greater good of all is only supportable if it is not personalized. To make one individual support a specific stranger against his will and against his interest cannot be supported in a free society.

Bring it on, Eric!

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 2:59 a.m. PST

Your entire rant is easily made null by simply repeating a couple of the, facts, that I've already stated.

Fact: There is no housing shortage because there are 30,000 vacant units in San Francisco.

Fact: Allowing vacancy rent control would completely eliminate the problem you are whining about.

Any questions?

S. Marty Pantz
S. Marty Pantz
wrote on 02/19/2012 at 9:17 a.m. PST

Any questions? Have you answered any of the many raised by others above? Except to say bring back pre-Costa/Hawkins rent control?

I raised all my questions above; you countered with two supposed facts, a fact apparently being anything so proclaimed by you regardless of counter-arguments, logic and social experience. You remind me of the Occupier on Wall Street who shamelessly told an interviewer: "Wouldn't it wonderful if we could just get rid of money?" (I believe she starved to death while trying to barter an antique piece of macrame from the sixties for an organic lunch.)

If there are, in fact, 30,000 vacant units in SF, it is a response to smothering bureaucracy and alternative uses for the space. How is there therefore not a shortage? As this is a desirable area to live and usually has a more dynamic economy than elsewhere, there will always be a shortage. Thirty thousand units off the market makes it worse; it in no way belies that it is so. If there were only three copies of a very rare postage stamp in the entire world and you destroyed one (permanently took it off the market), is there therefore no shortage? No, the shortage is more severe.

You keep referring to "vacancy rent control" and, as a result, have made this discussion hard to follow. I know what you mean but in over 30 years of the rent control wars, I have never heard that exact phrase. Costa/Hawkins precluded local jurisdictions from controlling rents through a vacancy. This is commonly referred to a "vacancy decontrol." I know you mean the opposite -- no increase allowed even with a change of tenant -- but some in this discussion seem confused. It took me a while to know exactly what you meant.

That clarified, how would the repeal of Costa/Hawkins solve the problem of shortage and affordability? If a minimum wage does not promote unemployment, why not raise it to $25/hour? Or $50? If artificially low rents based on accidental historic circumstances is good, why not lower them even further? You want to take all the [obscene] profit out of rental housing. Terrific. That's a great solution: no profit, no housing. Who will house the people? Oh, I forgot, housing is right. The government will provide. Good luck with that. (Interesting, even the distinctly left-leaning Bay Guardian once declared the San Francisco Housing Authority the worst landlord in the City.)

Thank you for bringing the facts to light. Keep 'em coming.

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 2:49 p.m. PST

It is self evident that if vacancy rent control were implemented, there would be no problem.

This makes all of the other nonsense that you people are whining about completely irrelevant.

The Commish
The Commish
wrote on 02/19/2012 at 11:27 a.m. PST

Interesting article. The comments, however, are ridiculous.

Rent control creates two classes of tenants - those who have it and those who don't. Those with it have their rent subsidized by the property owner. Those without it pay a premium on what market rates would be. Even liberal economists like Paul Krugman have written against rent control.

As for Eric Brooks' so-called solution, phrased as "vacancy rent control," it doesn't pass the laugh test. Someone has to own the property that is rented to tenants but no one would buy or own property to lose money which is what would happen with vacancy rent control. And to anticipate his rejoinder that they could still be allowed to earn some paltry return on investment, he wrote in his first comment that any profit from renting out property is "stealing."

And if there are 30,000 vacant units under existing law, don't you think imposing "vacancy rent control" would drive even more units off the market?

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 2:54 p.m. PST

Except that your contention is bullshit, and landlords would still be able to make a profit. They would just make a lot -less- profit than they do now.

Wherever in a capitalist economy there is the capacity to gain even the -slightest- profit, some will step forward to make that profit, regardless of how small it is.

Since you can't possibly argue that vacancy rent control would completely eliminate profits on rental property, you are then simply full of crap.

The Commish
The Commish
wrote on 02/19/2012 at 3:24 p.m. PST

Thanks, Comrade Eric, for your incredible insights. I forgot that we have to defer to your views, even though they are about as fringe and irrational as they get. Thankfully, they provide for good laughs, rendering you the worst rhetorician around.

You posted earlier that property owners are not allowed to profit. Because in Eric's world, that's "stealing." Now they are allowed to make a slight profit? (Your belief that buying property and then earning a profit from it constitutes stealing would require all us to live in a system governed by a different Constitution than the one we have.)

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 4:30 p.m. PST

No. I posted that property owners shouldn't be able to own property in order to make people pay them a profit to live on it.

However, since such is not the world that we live in, I -also- pointed out that your fallacy that vacancy rent control would eliminate profits from the rental property market, is patently ridiculous.

Your inability to differentiate between my arguing for a different economics around housing, while also arguing that under the -current- economics of housing, vacancy rent control would not eliminate profit making, is typical of the two dimensional thought process of neo-liberals.

Joe Bay
Joe Bay
wrote on 02/20/2012 at 7:29 p.m. PST

Not that you're interested in facts Eric, but what you're proposing has been tried before. It created a massive housing shortage and very bad urban blight. Not even the most liberal city in the world would ever dare try it. Never, ever.

Your only hope as I've told you is Cuba, but for some reason you just don't seem interested in that earthly paradise. Oh right, the flow of refugees goes in the other direction... i wonder why?

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 11:29 p.m. PST

Bullshit.

It has been tried before, where?

And what exactly were the negative results on tenants and on housing stocks?

Show me links.

As to Cuba.. If even an -incredibly- poor nation like Cuba can manage housing for all as a right, why can't San Francisco? Answer that question as well.

Joe Bay
Joe Bay
wrote on 02/21/2012 at 1:24 a.m. PST

It is incredible how you can happily blind yourself to the truth. Cuba has not "managed" housing as a right. Cuba has simply sardined as many families as it needed to into one anothers homes. That's not management, and if you're so impressed by it, you really ought to move there.

Here's are a couple of links for you to ignore the content from. In fact, you won't even click on them, you'll just say they're wrong and capitalist propaganda...

http://www.stjohnandassociates.net/propertyManagementArticles/SJA-BerkStaMonicaRCProgDistImpact.pdf

http://www.manhattan-institute.org/html/cr_36.htm

Eric Brooks
Eric Brooks
wrote on 02/21/2012 at 12:17 p.m. PST

Give me a break. Your 'links' are to 'studies' done by private firms that work for landlords and thus have no credibility whatsoever. The first one, Saint John and Associates, has right on the front page of its web site the following statement:

"In a regulatory environment that is comprehensive, ever-changing, and strongly pro-tenant, it is our mission to provide knowledgeable, principled consultation and representation to property owners and managers in Berkeley and, in the mobile home context, throughout California. At the same time, as an economist, Michael St. John, Ph.D. works to clarify the underlying economic issues and, through advocacy and expert witness testimony, to influence public policy in ways that reduce the imbalance inherent in most rent control ordinances."

Clearly, this firm is a paid tool of landlords, which openly states that its core purpose is to defend landlords by attacking rent control laws.

I actually looked through the bogus 'study' and it is ridiculous. It cites a bunch of demographic changes over the course of only the first decade in Berkeley under vacancy rent control and blames all of those demographic changes on rent control without showing -any- evidence whatsoever of how rent control might have been involved in the changes. Most importantly, the 'study' cited no statistics from the decades -following- the state abolition of vacancy rent control, which is the most important study period for assessing the impact of the abolition.

An example of how bogus the 'study' was is the fact that it made the dire prediction that because of rent control the number of tenants would supposedly decline below 50% in Berkeley 'by the end of the century' and guess what? Two decades after this 'study' was commissioned by landlords to bash rent control, the percentage of tenants is still above 50%.

So the study is clearly industry funded crap. Its predictions, false.

I didn't even bother with your second citation, because the Manhattan Institute is a well known right wing think tank run by property and financial investors.

To verify this see their Board of Trustees at http://www.manhattan-institute.org/html/trustees.htm

When I say cite evidence, I mean real -unbiased- evidence which has not been funded by industries that seek to abolish rent control.

Your sources are laughable.

You need to cite -unbiased- work which shows what happened both before, during and -after- vacancy rent control was abolished to prove the impact on tenants.

condo hell
condo hell
wrote on 02/19/2012 at 12:18 p.m. PST

Exactly, meaning the bubble would deflate, prices would moderate and the median salary could afford to buy in SF again.

"Someone has to own the property that is rented to tenants but no one would buy or own property to lose money which is what would happen with vacancy rent control."
Source: The Bay Citizen (http://s.tt/15Jar)

Douglas Montgomery
Douglas Montgomery
wrote on 02/20/2012 at 3:38 p.m. PST

To get to this "property is theft" utopia, you'd have to repeal not only Costa-Hawkins, but the Ellis Act as well. Otherwise, all SF's rental units will become tenancies-in-common, and tenants will be slowly squeezed out altogether.

S. Marty Pantz
S. Marty Pantz
wrote on 02/19/2012 at 4:19 p.m. PST

The absolute truth embraced by most people bears some resemblance to that actual truth. Except on Eric's planet. He says:

It is self evident that if vacancy rent control (sic) were implemented, there would be no problem. This makes all of the other nonsense that you people are whining about completely irrelevant.
Source: The Bay Citizen (http://s.tt/15Jar)

It is so self-evident that everyone who has chose to comment does not see it. I have tried to engage in a debate. Eric just spouts one so-called truth after another, all presented without argument or logic needed because it is all just self-evident.

Okay, I do not see it as such. I fail to appreciate the self-evident. Therefore, I concede; I admit; I acknowledge that one us is an absolute, total moron. I will let others decide which.

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 4:42 p.m. PST

Sorry Mr. S. Marty Ass, but simply launching vacuous personal attacks at your opponent doesn't win a debate.

How about responding with an actual argument?

Please explain to us, with actual details, how vacancy rent control would fail to solve the problem we are talking about. I eagerly await the sound of crickets accompanying your non-response.

ps: Your pitiful attempt at grammar Nazism is also a joke. Let me spell out the grammar in question for you by extending the sentence so that you can understand its context.

It is self evident that if vacancy rent control were to be implemented...etc

Don't quit your day job to become an English teacher, ok?

S. Marty Pantz
S. Marty Pantz
wrote on 02/19/2012 at 5:56 p.m. PST

I started my initial participation in the alleged debate with "My compliments to Eric Brooks. I will take the liberty of treating him with all the respect he extends to others." I am not above the use of an epitaph or a little profanity but usually tend to avoid them in public discussions. In this case, I took my tone from you and your use of name-calling and abrasive, abusive language.

The use of (sic) means the quote is exact even though it may seem to be in error. It does not only refer to grammar. In this case, I used it to make explicit that the use of the term "vacancy rent control" was yours. It is not a commonly used term and I have never seen it in 30 years of following the rent control wars. My addition os (sic) referred to your choice of nomenclature, not your stellar grammar.

(You previously had to correct another comment because he/she did not understand what you meant. From your response above: "You clearly don't have a clue what you are talking about. 'Vacancy Rent Control' means exactly the opposite of what you are claiming it means." (http://s.tt/15Jar)"

Explain how vacancy rent control (sic, get it?) would fail to solve the problem? Here is my non-response (chirp, chirp): Berkeley, Santa Monica and San Francisco all controlled rents through vacancy for 25 years before the passage of Costa/Hawkins precluded the practice. Did that solve the problem? Were we on the right track? You see, it didn't work. It is at least possible, therefore, that vacancy controls is not a solution. It is -- how do you put it? oh, yeah -- self-evident.

BTW,I only posited that ONE of us was a moron. Since you took this as an insult, I can only assume you made your pick.

BTW II. This is fun but it's too easy. You ought to quit while you are only this far behind. You are making an absolute fool of yourself in a public forum. Why would you want to do that?

.

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 6:58 p.m. PST

No, San Francisco did not control vacancy rents before Costa Hawkins.

Nevertheless, you have at last, raised a pertinent example.

However, you posted no numbers whatsoever comparing the behavior of rents during vacancy rent control in places like Berkeley, and the behavior of rents in those places after vacancy rent control was outlawed.

Please elucidate your point with actual comparisons. Otherwise it is mere conjecture which doesn't stand up.

And the by the way, the term 'vacancy rent control' is perfectly well known. See http://www.sflandlordtenantlaw.com/Subletting-Assignment-and-Costa-Hawkins.htm

Finally, my experience with overt pronouncements about who is out-debating who, is that they are generally tendered by the one who is losing...

Joe Bay
Joe Bay
wrote on 02/20/2012 at 7:32 p.m. PST

Eric, the "explanations" and "actual arguments" are all here. You however are clearly not interested in them, so please stop asking for them and pretending you'll read them.

S. Marty Pantz
S. Marty Pantz
wrote on 02/19/2012 at 10:02 p.m. PST

You make a proclamation -- vacancy rent control (and again, sic) will solve the housing problem, by which I assume we are talking about the affordability and availability of rental housing. You proclaim this to be so -- with no numbers of evidence -- and insist it is indeed so unless I can prove otherwise. Are you kidding?

You say: "However, you posted no numbers whatsoever comparing the behavior of rents during vacancy rent control in places like Berkeley, and the behavior of rents in those places after vacancy rent control was outlawed." (http://s.tt/15Jar)

Rents for all tenants went up minimally in Berkeley and San Monica before Costa/Hawkins (C/H) and for in-place tenant thereafter. They were controlled rents and that is what the controls allowed. Rents for newly rented apartments in these two cities went to market after C/H. Rents elsewhere in the State did whatever the market dictated (with sitting tenants benefiting from milder rent controls in place elsewhere: LA San Jose, etc.) They went up in general, up a bit more during the dot/com days and down thereafter. We know how rents behave with no rent control. mild rent controls and sever rent controls. What's your point?

If all rents were held to expenses are you seem to want, we'd have Israel or Vietnam where almost all rental housing disappeared over time or something resembling that segment of the NYC market which is rent-controlled (as opposed to rent-stabilized). Whole buildings were lost -- boarded up-- in the lesser markets and a few lucky tenants got to incredible deals in the better (Manhattan) markets. These units only managed to survive and the buildings were not shuttered because other non-rent-controlled units in the same building subsidize them. Control them all like the rent-controlled units and they too will be boarded up in a few short years.

Okay, between you and me, I am the only one to "elucidate [my] point with actual comparisons." and you are the one for whom every statement made is "mere conjecture which doesn't stand up."

And BTW, you're right; you're winning this debate. Just show it to all your friends. They'll tell how right-on you are and how you are making your case with dazzle and awe. Keep up the brilliance, Eric. I'm on the ropes and reeling at the blows.

Geeez!

Eric Brooks
Eric Brooks
wrote on 02/19/2012 at 11:55 p.m. PST

Excellent. If we now boil down your response to the one bit of factual information that I asked you to provide (and eliminate all of your empty non-factual fundamentalist proclamations that housing will never be built again if we institute strong rent control laws) we are left with one clear fact.

In Berkeley rents were relatively low during vacancy rent control, and when vacancy rent control was made illegal, wonder of wonders, Berkeley rents jacked up immediately to market rates.

I also don't recall any reports about Berkeley's housing availability collapsing under its vacancy rent control regime; which -also- belies your ridiculous claims that housing will rot away and then cease to exist under vacancy rent control.

geez indeed...

S. Marty Pantz
S. Marty Pantz
wrote on 02/20/2012 at 7:24 a.m. PST

Berkeley rental housing was beginning to collapse and in some degree still is. Marginal profits, appreciation and respect for legal requirements, a continuing sense of responsibility for the product and the customer, protection of a then-shaky investment and hope for a more reasonable future kept Berkeley housing going until Costa/Hawkins (C/H) passed. It is only the passage of C/H that saved the rental housing in Berkeley from a premature degradation leading to a South Bronx phenomenon. IF YOU TAKE ALL INCENTIVE OUT OF THE PROVISION OF HOUSING TO OTHERS, WHY WOULD ANYONE DO IT?

Before C/H, the Berkeley Rent Board promulgated rules which made capital improvements difficult to impossible -- and certainly not an attractive proposition to be taken on voluntarily. With C/H, things are at least possible, even thought the Board now uses any C/H rent increases to offset any capital improvement increases to which a landlord would otherwise be entitled according to their own rules.

As to the "all of your empty non-factual fundamentalist proclamations that housing will never be built again if we institute strong rent control laws..." Of course strong rent controls applied to new housing would preclude it development. It is only the exemption of new construction from rent controlthat led to the continued development of some new housing. It is only with the advent of STATE prohibitions against rent control for new construction that the industry now feels comfortable with building new housing for rent.

The truth is that rent control is fabulous for new construction. It effectively takes the whole existing housing stock off the market as competition. It is precisely because a four-bedroom, 1200 sq ft apartment in Greenwich Village, under rent control, rents for under $400/mo (reported in the NYT from a few weeks ago)that a new two-bedroom apartments in the same Manhattan neighborhood from $4,000/mo.

So, what have we learned, Eric? 1) rental housing under severe rent control will not automatic turn to dust if supported by income from other components of the property (commercial and non-controlled housing) and 2) rent control does not prevent, but rather encourages, new construction -- and higher rents -- if there is reasonable assurance that control wills not be applied to the new housing over an acceptable period of amortization.

So that's lesson nine. You are not a very good student but I try. What else ya got?

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 12:03 p.m. PST

Your ridiculous fairy story that Berkeley was undergoing some sort of housing crisis due to vacancy rent control is utter bullshit.

I challenge you to show us objective news reports from that period discussing how vacancy rent control was causing this so called housing crisis; and to show objective news reports after Costa Hawkins was implemented which describe how eliminating vacancy rent control increased housing.

You won't be able to, because there aren't any.

S. Marty Pantz
S. Marty Pantz
wrote on 02/20/2012 at 8:31 a.m. PST

Eric, if you can put aside the invective and curb you emotions for a second, I have a some basic questions for you:

If rent control is such a good idea when considered objectively, dispassionately, practically, functionally and fundamentally, why has it become law only in cities where the majority of the voters are renters? Why have over 40 states preempted the practice? Why has virtually every economist -- including avowed liberals like Paul Krugman -- who has ever written on the subject come to the conclusion that rent controls are a bad idea?

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 12:32 p.m. PST

Your passive aggressive pot-calling-the-kettle-black smart ass attacks aren't going to turn this debate for you.

There's no way I'm going to put aside my honest anger for insidious selfish neo-capitalists like you, whose pathological hoarding of property and excessive wealth is triggering the collapse of the planetary ecosystem, and causing massive human suffering both in the U.S. and abroad.

And the reason vacancy rent control is outlawed in so many places is obvious.

People like you use vast accumulated wealth to influence politics and get tenant protections eliminated. The only places where you don't always get away with it, are cities where tenants are so numerous that they have real political power in numbers, to leverage against landlord and financier wealth.

Paul Krugmann? Give me a break. The guy is a neo-liberal minded fool who has not sufficiently deprogrammed himself from his 'economics' education in academia, such that he can understand how economics actually work in the real world.

S. Marty Pantz
S. Marty Pantz
wrote on 02/20/2012 at 12:57 p.m. PST

Well, that explains everything.

Your ignorance, you bias, your vitriol, your narrow-mindedness, your short-sightedness and your astounding stupidity. I have had enough. I am going back to taking care of my buildings and my tenants. Thanks for the entertaining break.

I will treasure your last message. In fact, I think I will frame it and proudly hang on my office wall.

End of debate, Eric. I concede. You win!

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 1:43 p.m. PST

Win? Since when is this a competition?

This debate is about people like me, calling out people like you, to prove your Randian assertions about rental property.

The last time we left off with actual content, you had asserted (without citing evidence) that Berkeley housing had suffered under vacancy rent control.

I then challenged you to prove your assertion, and instead of doing so you switched back to passive aggressive personal attacks on my character as a blogger (presumably because you could -find- no proof of your claims).

S. Marty Pantz
S. Marty Pantz
wrote on 02/20/2012 at 2:11 p.m. PST

Boy, you're a feisty little bugger. Like Cool Hand Luke is his fight with Dragline. He had nothin', absolutely nothin' but he just kept comin' back.

I don't need to prove the Berkeley story to you. One, I lived it and I know whereof I speak. And two, you are so far beyond an open mind on the subject that you would not be convinced if Berkeley looked worse than Dresden did in 1945.

Nevertheless, as I explained, the damage inflicted on Berkeley rental housing between the passage of rent control and the inception of vacancy decontrol was limited because it was "only" a twenty year period. Costa/Hawkins SAVED Berkeley rental housing. Post C/H rents allowed for proper maintenance of the housing stock, every effort by the Rent Board to see it otherwise notwithstanding.

I have proved or at least supported every thing I have said, in not with data or history, logic and common sense. You just call me an d others names (and yes, I have responded in kind) and make no sense.

And please, do not insult me with a label of passive-aggressive. In this arena, there is nothing passive about my attitudes or activities.

Are we done?

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 3:46 p.m. PST

Translation of your screed into one sentence:

"It's true that Berkeley suffered housing shortages under vacancy rent control, because I -say- it is true; and I don't have to show anyone actual evidence."

You've got to be kidding....

S. Marty Pantz
S. Marty Pantz
wrote on 02/20/2012 at 4:12 p.m. PST

There is not ONE WORD is the message to which you respond about shortages. It is about the the upkeep and deterioration of housing . That is what I have intimate experience regarding and that is what I addressed.

Shortages, now that you have brought it up, only pertain to markets. (I guess a shortage in a demand economy is when someone wants something they don't have, but that is not the kind of economy we have, much, one can safely presume, to your dismay,) Shortages in a market economy are the result of more demand than supply. As rent control keeps the supply down and, when vacant units are controlled, the demand up, it can only exacerbate shortages. UC is a constant provider of demand in Berkeley, even more so as the campus grows, and the City controls the supply. As mostly everyone would like to live within walking distance of campus, there will always be shortages. In the sixties, just about everyone affiliated with UC lived east of {then] Grove Street. Now they live substantially farther away, Cal has become very much more a commuter campus and the sense of a university community has suffered. And yes, rent control played a significant role. A one landlord said about twenty years ago: "I'd love to house the Class of '98 but I am still housing the Class of '78."

Eric, do us all a favor and go occupy something!

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 4:31 p.m. PST

Give me a break. Stop quibbling about semantics and answer the challenge with facts.

Show actual proof that vacancy rent control in Berkeley had poor outcomes for tenants, through 'deterioration', higher rents, lower supply, space alien take-over or whatever the hell other bad outcome you are claiming that it created.

Show reports that prove this.

I've asked for such proof three times now and you have responded by splitting hairs on semantics and making vague unsubstantiated predictions of what -would- have happened had vacancy rent control remained.

That's not an answer. And you know this full well, because you are just playing at verbal acrobatics to avoid answering the challenge with actual proof, because you don't -have- any proof.

The reason?

It's not there.

Do us all a favor and occupy yourself, with re-reading 'Atlas Shrugged'...

S. Marty Pantz
S. Marty Pantz
wrote on 02/20/2012 at 5:31 p.m. PST

I observe that apples fall to the ground, you say show me a report. I say cutting the income to a building will necessarily diminish it's care over time -- logic, not semantics -- and your say show me a report. I say you cannot cut off the lifeblood of a building -- money for maintenance -- and you say unsubstantiated. I called you earlier on saying something was self-evident (because it wasn't). However, something are. Like you cannot maintain an apartment build without income. You may chose to believe otherwise. Frankly I don't care.

Ironically, it I had the time and inclination,I could offer objective, third-party evidence of all of my assertions which are subject to such evidence. I do not have the time and I do have demands on my time which matter more to me.

Look, Babbling Brooks, I am never going to convince you of anything as your mind is totally closed on the subject. You are sure as hell not going to convince me of anything with your lame-ass rhetoric. (Ironically, I could do a vastly superior job of defending and justifying rent control than you will ever be able to muster.) And we have exhausted the attention span of everyone else out there in Cyberland.

I think it is best we call this over. I have already one conceded defeat to your superior arguments. I do so again. You may take a victory lap in whatever fantasy land you live in.

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 6:48 p.m. PST

I see... So now, after spending three days writing repeated voluminous responses on this thread to make long convoluted theoretical 'logic' pronouncements that rent control is bad for tenants and rental housing supply, suddenly, when backed into a corner where you have to actually prove what you are claiming with citations of fact, you don't have time.

How very convenient for you.

S. Marty Pantz
S. Marty Pantz
wrote on 02/20/2012 at 7:11 p.m. PST

In a nutshell...., yes. I will stand on what I have written.

And I hardly feel backed into a corner. More like bored with your opposition. You don't read and/or respond to what I write. You may disagree with me as you will, but at least I read what you write and respond to it. When I have sto say something specific about property maintenance and you come back with a response challenging what I said about shortages (when I said nothing about shortages), I don't want to play any more. You are just not very good at this. Find me someone who knows something.

George  Smith
George Smith
wrote on 02/19/2012 at 11:15 p.m. PST

This is the most egregiuiously biased piece of crap since the last Nevius column I read!

Really, really dumb!!!!!

Susan Englander
Susan Englander
wrote on 02/20/2012 at 1:51 p.m. PST

Thank you!

MC Under
MC Under
wrote on 02/20/2012 at 2:14 a.m. PST

As a property owner I'd like to try and bring a little perspective to the discussion here.

In 2005 my sister and I bought an 18 unit apartment building along the Van Ness corridor. More on this later , but first a little background

We purchased our building using the proceeds of my parents estate ,which resulted from the sale of their home in Wisconsin and a small life insurance policy. My parents were not wealthy by any stretch, simply frugal Midwesterners who worked and saved their entire lives. Their single largest asset was the home they owned for more than fifty years.

We paid $3,200,000 for an 18 unit building built in 1954. It has twelve 2-bedroom units and six 1 bedroom units. In order to secure a mortgage , we made a down payment of $576,000(18%) leaving a total mortgaged amount $2,624,000. The mortgage payment ( exclusive of property taxes and insurance) is $17, 225 per month.

Annual Expenses

Mortgage $206,700
Property Taxes $ 44,500
Insurance. $ 11,700
Maintenance. $ 18,000 (avg over 6 years)

Total. $ 280,200

Monthly expenses $23, 350

Rents. $21,650 per month (avg per unit $ 1,202)
Highest rent is $2,400 per month
Lowest rent is $782 per month

When we purchased the building our monthly cash flow was positive. Our insurance costs have risen 35% in three years even though we have had no claims . Property taxes have also risen annually because the State is allowed a small increase in estimated appreciation and the city adds parcel taxes for various voter approved fees.

Not included in these numbers are 1 eviction for non-payment of rent ( 5 month lost rent plus legal expenses)
And 1 tenant left voluntarily after 3 months of non- payment. These units were renting at market rates so turnover did not result in increased rents. I'm told I'm lucky, most landlords in similarly sized buildings have at least 1 non- payment issue resulting in eviction per year resulting in 3-5 months of rent lost. We also had a couple units sit empty for a couple of months during the worst of the recession in 2009.

When units do turn over its is always those paying market rates. The majority of my tenants have been in the building for more then ten years. The longest has lived in the building since 1977, 34 years. Five others have been there between 12 and 17 years. Several are highly trained professionals, presumably well compensated. They are all very nice people and I have no desire to see them leave their long term homes. None of the six pays more than $1,200 per month in rent.

We purchased this building as a long-term investment ,fully aware of the challenges of rent control. We may have been optimistic about the overall market and turning over some of the lower priced units. What we could not control are parcel fees imposed by the city, exorbitant insurance rates and the state continuing to increase our assessed property value , even as the real estate market implodes. At present we're losing about $20,000 per year. I can try and cut some expenses but the fact is , boilers fail, refrigerators die, things break . My tenants won't go without hot water ( would you?) I can cut back on optional maintenance like painting the hallways or replacing old appliances but of course this impacts the desirability of the units.

We can sustain these losses in the short term, but at some point something will have to give. I can't refinance the building because it simply will not appraise for the value of the loan. It may someday, but not now. I could sell it at a loss and may eventually be forced to do so. If I'm unable to sell it could bankrupt me.

It's not hard to see why some property owners choose to let units sit idle rather than run the risk of losing money in addition to the other challenges of being a landlord.

My questions for those of you who think landlords are rich, evil robber barons are as follows,

1. What is my obligation to provide subsidized housing ?
2. please provide specifics on what vacancy control rates you believe to be fair . I.e , would I be obligated to rent my lowest priced unit for its last highest rent?
3. What government agency do suggest enforce these rules?

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 12:58 p.m. PST

MC, how in the world do you lose less money by keeping units idle when you could make more money (even if it is not enough) by renting the units? Your statement makes no sense.

To your questions:

1. What is our obligation to pay you a profit for a place to live? We all -work- for a living, and through doing so, prepare pensions and social security for ourselves. Why shouldn't you do the same, instead of sitting idle trying to make a living off of rent and flipping property?

2. The most practical solution is to institute vacancy rent control on all units at their current rates, and allow for rent increases just high enough to match the average percentage cost inflation of maintaining and providing apartments.

3. There is already a local rent board. It should be democratized by having its members be elected instead of appointed.

The problem you face, is that, as an honest man with ethics, your are in a business where you will not make money unless you become a dishonest bastard.

Sell the property, (preferably to the current tenants as a co-op) take your losses, and find a way to either make a real living, or retire. (Rental property seems to be making a comeback so it is conceivable that soon you might be able to sell the building for a price at which you will break even.)

MC Under
MC Under
wrote on 02/20/2012 at 5:00 p.m. PST

@ Eric

Please correct me if I'm wrong, but it seems that you reject the concept of private property ownership at least in residential housing. In my opinion This leaves the goverment as the only viable landlord.

People need housing and right or wrong, our democracy as not chosen to provide this to the majority of the citizenry. The notion that landlords provide no service is simply false. My tenants live in a clean , well maintained building. This doses not happen magically. Basic cleaning , of the common areas ie hallways, lobby , laundry rooms, garage and exterior spaces requires about 20-24 hours per week. Repairs due to wear and tear as well as careless ( even if unintentional ) damage can usually be counted on for at least an additional 5 days per month. Tenants also have request , both reasonable and unreasonable, the lock themselves out, they clog sinks, they flush paper towels, etc., etc. etc.
I'm not complaining mind you, but it all takes time. For what it's worth, I do have a job , this investment, was meant to see to the future needs of my family , specifically to provide some income for my sister, who is unable to work.

The local rent board has set annual rent increases at 1.2% , less than half the rate of inflation with no allowances for additional expenditures. I.e $30,000 for a new boiler system for hot water.

The reason property owners hold units off the market is that once rented, they lose all control over that unit . Your plan for vacancy control virtually guarantees that, at some point in the future, it will become a money losing asset.

Your idea of selling to my tenants as a co-op is quite interesting. I assume of course you realize that the city has made this a virtual impossibility. Advocates for rent control have played a significant role in this, fearing the loss of rental units they promote he needs of renters over promoting home ownership. Tenancy-in-Common sales are severely limited , and complicated financially because you don't actually own your individual unit . They also create a forced business partnership with people you may or may not choose to be in business with. As for condo conversion, you have a higher likelihood of being struck by lightening than getting permission from the city.

Finally, the advocates for rent control have never adequately addressed the fact that all too frequently the beneficiaries of the rent control subsidy have no economic need for it. Without needs testing , poorer people end up subsidize the rental costs of the affluent. One of my tenants , a family with two small children , are paying $2,300 per month with an annual income of less than $65,000 for a family of four ( I know from the application). Another of my long term tenants pays $1,083 for the identical apartment. She uses her disposable income to lease a new Mercedes every two years ( im told the payment is about $1,500 per month for the car) BTW, she's a partner in a law firm downtown. How is this in any way, shape or form fair?

My units would average about $1,200 to $ $1,800 in most other markets. Instead they are all over the map with younger people of lesser means subsidizing older more affluent people who had the good sense to get there first and stay put.

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 7:44 p.m. PST

To some of your points.

- Government housing is not the only way to provide nonprofit housing. There are co-ops, land trusts, and housing nonprofits. And if housing were made a right, at cost, the economics of funding housing would completely change. As I have said before, lower rents would mean far more money circulating in the local economy, and taxes on that circulation could provide for housing. Cuba, a country with profound economic challenges when compared to San Francisco, has housing as a right. If Cuba can accomplish this, San Francisco certainly can.

- Great. You have a job. So why do you expect tenants to pay extra rent to you in order to fund your retirement, when you should be providing for that retirement yourself? They provide for -their- own retirement. Why should they pay for yours as well?

- And what difference does it make how much those tenants get paid? Again, your income and retirement are not their responsibility. Basically what you are saying is that you should be able to charge wealthier people higher rents as a sort of informal tax to pay to yourself. Instead, why aren't we much more fairly taxing wealthy peoples' incomes and spending at higher rates through local -government- and then putting that revenue -equally- into the community for everyone, instead of just letting you and your fellow landlords take it all for yourselves as rent.

- Of course there are services involved in running housing and coordinating capital improvements on a property. Those services should be provided to tenants at cost, with the people providing the services making a reasonable wage for doing so. If you wish to get paid a fair wage as an apartment manager, by all means take that up as your profession. But we both know that this is not why you own that building. You own the building to get extra funds for yourself above and beyond the cost of maintaining the property.

Do you not see that it is not ethical for you to make extra profit for yourself by charging people extra for living on property, while you do very little work, and produce nothing whatsoever of value for that money? And that the only reason you can get away this is that you own the building?

As I have said previously, that is legalized theft. And the only reason we don't as a society condemn it as such, is exactly that it is currently legal. Trust me, three hundred years from now, people will look back on the times that landowners and landlords charged others a profit for living in a home, as barbaric; just as barbaric as we now view the lording of kings over everyone (predominantly as landowners) during the middle ages. It's pretty much the same thing.

MC Under
MC Under
wrote on 02/21/2012 at 8:40 p.m. PST

I guess my mistake in wading into this fray was assuming that we were having a discussion about solving present day issues and not creating a new Utopian society.

Cuba may have housing as a right but they also have profound housing shortages. Ask any 40 year-old living with their parents if they might not enjoy a little privacy and autonomy? They also enjoy a thriving black market where one must traffic in order to meet those needs the government cannot provide.

If I understand you correctly, I'm not entitled to profit from my capital investment? Once again leaving the government as the only landlord. Since it's immoral to profit by providing for peoples basic needs as a service who, other than the government, would provide the necessary capital?

As a practical matter, I am a apartment manager (albeit, uncompensated at present)Some things I attend to myself, others I hire vendors at the prevailing wage.Remember, I'm losing money

Is it ethical for anyone to make a profit on anything?

If so, which endeavors would you consider worthy?

Would private ownership of any housing be allowed?

Was it unethical of me to sell my parents home for more than they paid for it?

At some level, it doesn't matter what people make but that's what is so out of whack with the current system in San Francisco. The informal tax is the tremendous subsidy provided, regardless of need. If government is the answer to this problem and we continue to live in a society with income inequality then fairness does matter. Shouldn't subsidies go to those who actually need them?

Please refer to my previous post on my cost structure and consider this; In the absence of rent control I believe my 1-bedrooms would rent for $1,250 and 2-bedrooms $1,750 respectively. This amounts to $28,500 per month , leaving a surplus of $5,150 per month for unanticipated maintenance expenses and , god forbid, a small profit.Yes, some pay more, but many pay less.freeing up those dollars you spoke of earlier. Subsidies, if required could then be provide at the government level,based on actual need.

Alternatively government could build an allocate 125 sqft. for each man,woman and child a $1 per foot annually.

BTW, I agree that present tax policies are unequal,unfair and in desperate need of reform.

Your argument is really against the creation or holding of any personal wealth. You may be right about the future but it's unlikely either of us will ever know. That having been said, what's the solution to our present day issues? Try to be realistic about the economic and political climate we live in today.

Eric Brooks
Eric Brooks
wrote on 02/22/2012 at 8:17 a.m. PST

MC, the huge mistake in perspective you are engaging in is in assuming that your personal experience as a small land owner represents how the landlord/tenant relationship works.

What you don't get is that most landlords are not losing money. Most landlords are not de facto apartment managers.

The reason you are not like them, and are losing money, is that (while you still don't get that it is fundamentally wrong for you to even seek in the first place to make someone pay you a profit for housing) you are nevertheless pursuing your attempt at being a landlord relatively ethically.

You can't -do- that and make money as a landlord.

As a result, successful landlords are people who understand full well that they are getting something for nothing. And they certainly don't maintain the properties themselves. They hire other people to do it (for a pittance) while they make large profits sitting on their asses.

Being a landlord is not about getting a reasonable return for 'providing a service' to people. Being a landlord is about forcing people to pay you as much profit as you can squeeze out of them because if they don't give it to you, they won't have a place to live. Until you grasp this, and decide to be a selfish asshole, you will not make money as a landlord.

And your protestations about your opposition being utopian and somehow claiming that people shouldn't make a reasonable profit for anything, is complete nonsense.

None of us said that.

We said that because housing is a necessity like health care, people shouldn't be making a profit off of it.

And your nonsense about Cuba is also ridiculous. I've got news for you. In good old capitalist America there are millions of people crammed as multiple -families- into tiny apartments in far worse conditions than Cuba. And there are also at least tens of thousands of HOMELESS people.

The housing situation in Cuba is far better than that of San Francisco, and -everyone- in Cuba has a -right- to have a roof over their head. Homelessness is not allowed there.

caz cazam
caz cazam
wrote on 02/21/2012 at 9:46 p.m. PST

Stop pretending to have discovered some new way of making affordable housing. Your “vacancy rent control” can be explained by saying that you want to take financial and physical control of property that someone else is paying for. Call it what it is –you want it so you should have it no matter what is cost someone else. Why should you buy a house when you can take one someone else bought and force them to pay the bills. I admit that its clever calling it “vacancy rent control” but your idea is kind of legal stealing of others hard work.

Eric Brooks
Eric Brooks
wrote on 02/22/2012 at 8:33 a.m. PST

Bullshit.

Vacancy rent control is nothing more, than simply not allowing rent to be raised to market rates after a tenant leaves an apartment.

Your lame attempt to pretend that it is more than that, is ludicrous.

condo hell
condo hell
wrote on 02/21/2012 at 8:27 a.m. PST

"We purchased this building as a long-term investment ,fully aware of the challenges of rent control."

That you put a half million dollars at risk at the top of a real estate bubble is hardly a compelling critique of rent control.

condo hell
condo hell
wrote on 02/21/2012 at 8:31 a.m. PST

I have a question in return for you MC.

What is my obligation as a renter to subsidize your obviously flawed business plan?

MC Under
MC Under
wrote on 02/21/2012 at 5:45 p.m. PST


Criticizing our judgement as to the timing of our investment may be a fair point. However, it does nothing to address the fundamental question of basic fairness.

If your point is that all housing should be provided by the government as part of a package of basic guarantees fine. It's not the world we presently live in, but I'm certainly willing to engage the philosophical discussion.

What's sorely missing from this entire thread is any serious discussion of solving the problems rent control is currently causing not just for landlords, but renters as well.

There IS a shortage of housing units.
Landlords DO hold units off the market.
Like it or not,market conditions DO force low income people to pay exorbitant rents.

Instead of continually arguing in favor of utopian solutions that history has demonstrated are flawed at best, how about rolling up our sleeves and coming up with some real world solutions?

mary lidle
mary lidle
wrote on 02/26/2012 at 2:10 p.m. PST

Basic fairness?

Rent control is basic fairness. It started as a way to allow stability for law-abiding tenants somewhat on a par with what Prop 13 did for homeowners.

Before 2008, that balance seemed reasonable. Now rent control is barely adequate compensation for the federal government's incessant handouts to homeowners.

Renters are not penalized by rent control. When I moved here, I was overwhelmed by my new rent. It was more than twice what I'd been paying in Chicago. But I took all factors into account, including rent control, and decided that the high rent would be worthwhile because I wouldn't have to worry about exorbitant increases. If I left after 2 years, I would have paid the high rent for a short period. If I stayed a lot longer, the rent would become more affordable if I worked hard and earned more money.

Not once during the earlier years did I think that I was subsidizing anyone else. I took responsibility for my own choices.

I have been forced to take responsibility in many, many ways for real estate speculators who trashed our economy. I am not going to put up with a smug lecture about basic fairness from one of them, too.

You want reforms? OK. People who keep a rent-controlled apartment when they have another place to live should be penalized with a huge fine, compensating the landlord for fraud. They are violating the laws of rent control, and there are no consequences right now.

I would increase the annual increases to 75 percent of inflation, because that more closely reflects the costs to the owner. The 25 percent difference reflects the tax breaks the owner gets; the rent is paid in post-tax money.

My one concern about this is that the Fed's monetary policy is putting us at risk of hard inflation, most of it created to benefit debtors such as yourself and other mortgage holders. It does not seem right that the government keeps touting the benefits of lower mortgage rates for even underwater borrowers, because it puts more money in their pockets, but the savings are never passed along to renters who have been forced to back a lot of these mortgages with their taxes.

Would you call that fair?

I know you say you can't refinance, but that's because of your choice. You want city government to change the law to the detriment of renters because of your miscalculation. Believe me, renters have been harmed enough bu the mistakes of property investors.

mary lidle
mary lidle
wrote on 02/26/2012 at 1:45 p.m. PST

amen

mary lidle
mary lidle
wrote on 02/26/2012 at 1:44 p.m. PST

You ask about an obligation to provide subsidized housing. You have none. You are providing only what you agreed to provide when you purchased the building.

The purchase price was established with rent control as a factor. You would have had to pay far more if rent control had not been part of the deal.

Also, you inherited the money for the down payment, and the inheritance was based mostly on real estate. That means very little of the money was taxed. (The stepped-up basis rule makes the notion of double taxation on inheritances laughable; a lot of the money was never touched.)
Why should those of us who work hard for a living supposed to subsidize that sort of windfall? On top of that monstrous break, you want the right to decide what constitutes "need'' for a renter.

You already made your decision. You bought a rent-controlled building. Like a lot of people in the real-estate boom, you overpaid. I did not buy because I saw the folly in the market. Now, I'm being forced to bail out all the people who gambled unwisely. You want out of part of the deal that came with your building. Then go back and pay the former owner what the place would have commanded in 2005 without regulations attached.

Susan Englander
Susan Englander
wrote on 02/20/2012 at 1:50 p.m. PST

No one has talked about the move-out clause in rent-control. When a tenant in a rent-controlled unit moves out, the landlord can raise the rent to whatever price they want. So it is not as if the poor landlords have no recourse. A friend just moved out of an apartment where he lived for 40 years. He was in his mid-70s and appreciated that he could stay in his home until it was no longer possible. In other instances, elders have been evicted (or it was attempted) using the Ellis Act or family move-in as an excuse.

My main gripe is with the Bay Citizen which claims to be an investigative reporting organization. Mainly seems to be pretty blah or inaccurate. Clean up your act!

Eric Brooks
Eric Brooks
wrote on 02/20/2012 at 3:50 p.m. PST

That's what the 'vacancy rent control' discussion has been about. Until the State outlawed it in 1996, some communities had ordinances that did not allow landlords to raise rent to market rates after a tenant moved out. Instead the rent stayed the same as it would have been for the old tenant.

This is known as vacancy rent control.

Kevin Olson
Kevin Olson
wrote on 02/20/2012 at 6:06 p.m. PST

How does $100k/year make one "Super Rich" in San Francisco? In no way whatsoever has this article bothered to explain the sensationalist headline

condo hell
condo hell
wrote on 02/21/2012 at 12:04 p.m. PST

I blame it on rent control:

http://dealbook.nytimes.com/2012/02/21/grubb-ellis-files-for-bankruptcy-and-agrees-to-sell-assets-to-bgc/?smid=tw-nytimesdealbook&seid=auto

Grubb & Ellis Files for Bankruptcy

"Grubb & Ellis has found a new home.

The commercial real estate company, which grew from a single office in San Francisco in 1958 to become one of the nation’s largest brokerage firms, filed for bankruptcy this week, blaming the financial crisis for wiping out the commercial property market."

Mission Resident
Mission Resident
wrote on 02/21/2012 at 1:26 p.m. PST

This article is sensational, misleading and irresponsible. Not what I expect from the Bay Citizen.

The mean annual wage in San Francisco and the surrounding area is $58,250 and 59% of people in that area make less than $58,250 per year. People who hit that mean annual wage most closely are employed in positions such as teachers, librarians and curators. Two teachers, married or partnered and living together, would have a household income of approximately $116,500 in San Francisco. On a national level, that income might look like a lot. But living in San Francisco is expensive, and I think we can all agree that teachers in the bay area are by no means, "The Super Rich". Chances are, those two teachers are struggling to pay their student loans and are buying used, tattered furniture on Craigslist.

San Francisco's middle class is already fast disappearing. I make $57,000 a year (my partner earns approximately the same), and I'm only able to stay in San Francisco because of my rent controlled apartment, which I've been in for six years. My friends who lived in SF for 10 years prior and are at a similar income levels have all fled for the East Bay after being priced out of the city. Cities comprised of only the super rich and the super poor are dangerous, unhealthy places. Is that the kind of profile to which San Francisco aspires?

MC Under
MC Under
wrote on 02/21/2012 at 8:54 p.m. PST

You highlight the problem perfectly. Rent control, as well as assorted anti-development forces are stifling the housing market.

When was the last time a large multi-unit development for the express purpose of providing rental units was approved by the city? Federal, State and local governments lack the resources as well as the desire to develop these projects. Private investors will not make the long term capital investment without incentive and the opportunity to profit.

San Francisco has a supply problem exacerbated by numerous forces. Ironically, those who support rent control are frequently opposed to new development. Affordable housing means more development.

Long term landlords actually enjoy greater profits under rent control. especially if development remains low. Demand drives up prices on crappy apartments

caz cazam
caz cazam
wrote on 02/21/2012 at 9:31 p.m. PST

Mr. Eric Brooks, you are a very angry and jealous person. You seem to want the fruit of other people’s labor for free. You justify this by entitlement. I am surmise that you are a failure and you will be a failure as long as you justify your anger and jealousy in this way. Try building a house or even fixing a house for someone else help build housing and stop destroying housing opportunities. You will never create more housing by taking someone else’s house.

Eric Brooks
Eric Brooks
wrote on 02/22/2012 at 8:28 a.m. PST

A building owned by a real estate firm is clearly not "someone else's house" is it?

In fact, even one small apartment building owned by a small landlord is not "someone else's house" either.

Please explain to us, Mr. Successful, how the opposite is true...

caz cazam
caz cazam
wrote on 02/22/2012 at 8:41 a.m. PST

Eric,
from above "You justify this by entitlement" "justify your anger and jealousy". Learn to help others not take what your want from others then justify with a lame excuse

Eric Brooks
Eric Brooks
wrote on 02/22/2012 at 8:56 a.m. PST

Translation: You don't have a cogent response, so you'll just requote your own vague personal attacks instead.

Let's try again.

How is an apartment in a building owned by a landlord "someone else's house"?

Do you have an answer? Or are you simply going to continue your aimless neo-liberal blathering.

caz cazam
caz cazam
wrote on 02/22/2012 at 9:41 a.m. PST

No reason to explain!
You would not understand, in your world its easer to exploit a landlord by using the hundreds of rent board laws that you understand. This is much easier than getting a job and paying a market rent. You would only understand ownership if you worked hard, saved, made a down payment, paid property taxes, bills, rent board fees, made repairs, and improvements, deal with great tenants and deadbeats like you. In your world getting others to pay the bills and make the sacrifice’s so you can have dirt cheap rent for life is easer then paying a market rent. For you taking is easer then hard work.

Eric Brooks
Eric Brooks
wrote on 02/22/2012 at 9:57 a.m. PST

Funny, I actually work my ass off, my landlord definitely makes a big profit off of me and my fellow tenants, and in the end, we own, nothing.

Maybe the problem here (which you are so worked up into a frenzy about) is that you are just too dumb to figure out how to make profit off of your own rental property, and are therefore angry and jealous...

caz cazam
caz cazam
wrote on 02/22/2012 at 4:39 p.m. PST

Now we are getting somewhere.
“Funny, I actually work my ass off” good for you, i’m serious
“my landlord definitely makes a big profit off of me” good for them, I’m serious

“in the end, we own, nothing” blame your self – it’s your problem

“is that you are just too dumb to figure out how to make profit off of your own rental property” you could be right or wrong but that’s my problem

“therefore angry and jealous...” not at you and not of you

Good luck getting out of your box

stefi soros
stefi soros
wrote on 02/24/2012 at 8:53 a.m. PST

Housing, shelter, is a fundamental human necessity, and it is linked to other necessities like work or a career. Family and other network ties also secure one's location in life, all linked to that shelter. Residence is not just an apartment, but often one's life.

Some of the posts, such as by LawSci, suggest that forcing people out from long term rental homes to maximize an owner's unearned profit is a good thing, the "good" being that home owners should be able to fully cash in on rising asset prices. Such "profit evictions" are inherently a moral and ethical absurdity both for the wealthy and poor, but much more so for the poor and the vulnerable.

When discussing fundamental human necessity, there is no moral equivalence between the denial of surplus profit and denial of shelter. None. Since the wealthy do not have to give up residence nor shelter with their apartments, since wealth by definition means they could afford equivalent alternatives in the neighborhood of their residence, the ethical offense is much less. And perhaps none at all. So the article is correct to target the wealthy as being less deserving of rent-control.

The problem of rent-control is that it doesn't target the vulnerable consistently, trying to create lists of the vulnerable deserving of protection. The most vulnerable, the poor, who would have no where to go except homelessness as a consequence of a profit eviction, are not specifically protected, for example. Rent-control also becomes unfair when its rule is applied inconsistently to landlords within a region.

But in itself, rent control is no more "theft" than income mitigation in any income negotiation. All income is negotiated, even unearned income, and whether negotiation on such comes in from the front end or back end is not particularly relevant. Since the passive asset growth in question is not even earned income, involving no contribution to real productivity, it is particularly absurd to label what is essentially a profit-sharing rule as "theft".

Moreover, there is a fundamental economic advantage of rent-control as well. One of the prominent lessons of the housing bubble and ensuing financial crisis was that money is better spent investing in industry, not assets. Any law discouraging wealth generation from asset growth is a good thing. Therefore any law diluting the profit from housing valuation escalation is a good thing. And therefore not only is rent-control a good thing, but state and local governments should also tax multiple property ownership to discourage such "investment".

Douglas Montgomery
Douglas Montgomery
wrote on 02/24/2012 at 4:04 p.m. PST

Can't some enterprising journalist find out how many pre-1978 rental units there were in the City when rent control began and compare it to how many there are now? The rent board has those figures, because landlords are required to be registered and pay annual fees based on the number of rental units they have. This would give us an idea of the effect of rent control on the availability of rental housing stock.

Roger Levin
Roger Levin
wrote on 02/25/2012 at 4:12 p.m. PST

San Francisco's abundant rental housing market is touched on near the end of this very interesting piece.

NEW YORK TIMES

February 24, 2012
Rents Keep Rising, Even as Housing Prices Fall
By MOTOKO RICH

The housing market remains a potent drag on the economy as home prices continue to slip, foreclosed homes fill some neighborhoods and millions of construction workers scramble for jobs.

But one group is sitting pretty: landlords.

Unlike home prices, rents have been rising, up 2.4 percent in January from a year earlier, according to recent data, not adjusted for inflation, released by the Labor Department.

With few rental buildings erected over the last few years, available units are going fast. Nationwide, the apartment vacancy rate is down to 5.2 percent, its lowest level in more than a decade, according to the research firm Reis Inc.

Rent increases are greatest in places like San Francisco, Austin, Tex., and Boston, where technology companies in particular are hiring, as well as in New York City and the District of Columbia. But cities like Chicago and Seattle, where house prices are still declining quite sharply, have had rental increases, too.

“We are more of a renter nation than we have been for a while,” said Christopher J. Mayer, a professor of real estate at the Columbia University Business School.

Economists suggest favorable conditions for landlords will continue for at least a year, with employment gradually rising and construction of new apartments remaining constrained.

As job growth has begun to accelerate in recent months, young people are starting to move out of their parents’ homes or away from shared rooms and into their own rentals.

Families who might previously have bought homes are also staying in rentals longer. They may be waiting for the housing market to hit bottom or finding it difficult to qualify for a mortgage. Many others remain uncertain about their job prospects and wary of the obligations of ownership.

When Charles Griffith moved with his wife and two children to Orlando, Fla., last fall, they chose a new two-bedroom apartment for $1,140 a month. They left a four-bedroom house they had bought a decade ago in Antioch, Calif. His brother-in-law has moved in and taken over the mortgage payments.

Mr. Griffith, who works as a supervisor for Southwest Airlines, and his wife, a customer service representative for the airline, are enjoying the flexibility and convenience of renting, as well as amenities like a pool. “We kind of like the situation now of not having to be under so much pressure,” said Mr. Griffith, 40, adding that the family may eventually buy in Orlando. But “with the economy and the airline industry, that factors into us thinking maybe we should hold off for a while.”

The home ownership rate has been falling from its peak of 69.4 percent in 2004, according to census data. By the fourth quarter of 2011, it was down to 66 percent. That means about two million more households are renting, said Kenneth Rosen, an economist and professor of real estate at the Haas School of Business at the University of California, Berkeley.

Not all those people are choosing apartments, of course. Some are moving into single-family homes left vacant by foreclosures. Eager to capitalize on the trend, investors are scooping up some houses at a deep discount and leasing them to tenants who have lost their own homes.

Several prominent hedge funds and private equity firms have recently announced plans to invest in distressed properties and convert them to rentals. And earlier this month, the government solicited applications from investors interested in buying pools of foreclosed properties held by Fannie Mae, Freddie Mac and the Federal Housing Administration.

Still, it is in apartments, not houses, where renters are feeling the most competition.

Although many families crushed by the recession have doubled up and plenty of underemployed 20-somethings are living with their parents, some young people are finally getting their own space. Nearly 60 percent of job gains in the last two years have gone to people who are 20 to 34, a crucial rental group, according to an analysis of Labor Department data by G. Ronald Witten, a consultant to apartment companies.

During the economic downturn, apartment developers retrenched. The number of new apartments completed fell from 284,200 in 2006 to less than half that number in 2011, according to census data.

The limited supply is pushing up prices in some markets. In San Francisco, rents jumped close to 5 percent last year, according to Reis, and increases averaged 3 percent in Austin and New York. Landlords have also been withdrawing incentives like a free month’s rent.

Liz Brent and Matt Mochizuki moved into a studio apartment a year ago in the Mission District in San Francisco for $1,395 a month. Now they want more space.

Ms. Brent, 26, makes costumes and is working as a barista at a cafe where customers leave big tips. Mr. Mochizuki, 27, has a steady job making custom metal work for a design studio. They are budgeting $1,800 a month in rent.

But at an open house for an apartment billed as a one-bedroom, they found a studio with an awkward layout and bad light. More than 40 people were in line, many ready to hand over a check.

“That’s what the market is like now,” Ms. Brent said of their fruitless search. “That’s how many people showed up for this tiny apartment with no windows.”

Some rental markets remain soft, like Atlanta and Las Vegas, the epicenter of the housing bust. Orlando, too, might seem an unlikely place for rental strength. The unemployment rate, at 9.7 percent, is higher than the national average, and home prices slipped 4.6 percent last year, according to the Standard & Poor’s Case-Shiller home price index.

Yet Ric Campo, chief executive of Camden Properties, a real estate investment trust that owns apartment buildings, said rental business was brisk at its LaVina development. Since the office for the 420-unit complex opened last summer, more than half the apartments have rented.

That’s “a faster rate than we’ve ever seen in Orlando,” Mr. Campo said. The company has raised the base rent on a two-bedroom apartment to $1,080, from $995 a month.

Many now wonder about a more profound shift among future buyers. Matt Byford, a 24-year-old litigation consultant in Chicago, acknowledges that low interest rates and low prices favor buying. But he says he is renting and in no hurry to buy, because he doesn’t expect much to change soon.

Brad Forrester, chief executive of the ConAm Group, which manages about 50,000 apartments in the western United States, says, “I think it’s going to be interesting to see whether there’s been a fundamental sociological shift in that 20- to 35-year-old cohort, where they literally say ‘this American dream just doesn’t work for me.’ ”

mary lidle
mary lidle
wrote on 02/26/2012 at 11:57 a.m. PST

I paid the highest rent in my building when I moved here in 1997. I did not believe that I was subsidizing anyone else. I was making a choice. I would live with the consequences.

I can see why this is an unfamiliar concept to many property owners, who have developed an appalling sense of entitlement, with the help of a nanny state that caters to them as America's majority.

They overpay for a building. It's someone else's fault.

The government feels compelled to force interest rates down, hand out $8,000 tax credits, forgive taxes on unpaid loans, create foreclosure moratoriums and devise loan modifications. (I;m sure I'm forgetting something; the list of subsidies is endless.)

Why? Because we must -- cue violins -- keep people in their homes.

That $150 billion deficit rung up at Fannie Mae and Freddie Mac, the institutions that enable homeownership for most people in the U.S., has to be paid by all taxpayers -- including renters who did not play the real-estate game.

The lower interest rates erode the value of savings, while raising the value of real estate and lowering the costs of paying for it. Current property owners win because government put a thumb, then a fist, then an entire body on the scale in their favor. Renters lose, because they are a minority on the federal and state levels.

Prop 13 led to a near-doubling of income taxes. Tenants bear more of the burden because they don't have the writeoffs that
"homeowners'' do.


How can anyone cite private-property rights in real estate when this sort of expropriation is occurring for their benefit?

And let's not forget this: If you sell a house at a profit, after years of accepting government prop-ups, you get to keep up to $500,000 tax-free. If you worked for it, as tenants earn their money, you'd have to pay taxes on every dime.



mary lidle
mary lidle
wrote on 02/26/2012 at 12:28 p.m. PST

The definition of delusional: Thinking abolishing rent control will lower rents across the board. The underlying interpretation of the law of supply and demand is weak, to say the least.


The presumptions are:
1-SF is an expensive place to live primarily because of rent control, not because it's beautiful and desirable and will always have a large number of people who wish to live here. Sure, that sounds right.

2-If the glorious free market ruled, the effect would only increase supply. But wouldn't the displaced tenants then represent demand, too? Remember, the argument here is that a bunch of well-to-do people are being subsidized by rent control. So why wouldn't they and their deep pockets join the free-market fray and prop up high prices?

3-So many landlords are keeping units off the market because they fear rent control. Someone that scared of losing money cannot afford to keep a unit vacant -- especially not at today's rents. Anyone who bought a building before 2004 and gets 2012 rents is making a killing.

The vacant units we hear about include a lot of the luxury condos in SOMA, which remain vacant because the prices are too high. These are not rent-controlled units, by the way, because they were built after 1979.

4-Landlords have to charge so much for newer tenants to subsidize the long-term tenants. Hey, wait a minute, what happened to the law of supply and demand? Now, you say landlords are charging according to what they need and not what the market will bear? If so, why aren't people who have owned buildings for generations charging significantly lower rents than comparable landlords who bought more recently?

Douglas Montgomery
Douglas Montgomery
wrote on 03/12/2012 at 4:47 p.m. PDT

1. San Francisco will always be an expensive place to live and rent-- rent control or no. Rent control with vacancy decontrol makes it even more expensive for newcomers because supply is reduced by (a) long-term tenants who couldn't afford to live here if they had to pay market rents (no argument here as to whether this is good or bad); (b) property owners who Ellis Act their buildings or otherwise convert them to TICs and condo's that they can profit more from; and (c) developers who stick to condo's for fear that rent control will be extended to newer properties.

2. Many current long-term rent controlled tenants couldn't live here without rent control. Wealthy rent-controlled tenants, deprived of their bargain digs, might decide to just buy something they like better. More supply all around.

3. In an apartment building with communal heat (radiators) and hot water (boiler), a tenant paying below average rent in 1978 wouldn't be paying more today than the increases the landlord pays for gas and electricity. The pass through for utility increases has been effectively abolished recently by having it novate (start over) every 5 years. Theoretically, the landlord would at some point be paying more for the tenant to live in his building than to have the unit vacant.

4. Landlords charge what the market will bear. Reduced supply and rising demand mean higher rents.

mary lidle
mary lidle
wrote on 02/26/2012 at 12:35 p.m. PST

Here's what will really happen if we dump rent control.
In the first year, rents would go down slightly, as some people were forced out of the city and landlords felt confident about charging teaser rates.
A year later: Vacancy citywide is at its typical 1-2 percent. Tenants are working hard, with little time for moving hassles. Landlords hike rent beyond what a vacancy would yield, because they know they can overcharge for the convenience of staying put.

As I understand it, this is what happened in the late '70s, after the passage of Prop 13, and it triggered the adoption of rent-control ordinances.

mary lidle
mary lidle
wrote on 02/26/2012 at 12:48 p.m. PST

A huge error in this story -- or an outright lie.

The four-unit building owned by the Richens would not have been regulated by rent control before 1994. All buildings four units or under were excluded before then. So the statement that they are getting 1980s rents is patently false.

Also, does anybody really believe that none of their tenants has moved in almost 30 years?

Or that all those costs increases she cites weren't mitigated by the drop in interest rates over the years since they bought the building? Mortgage interest rates were in the high teens in the '80s. Government has forced them down in a way that lowers homeowners' (debtors) costs and also lifts their resale prices?

I certainly hope Ms. Richen doesn't plan on collecting any more Social Security or Medicare than she paid for. The next generation can't afford to take care of her more than the government has already forced us to do through mortgage-based and Prop 13 handouts.

More Column Posts

Hold That Bridge! This Dilapidated Warehouse Is a Landmark

On the easternmost tip of Yerba Buena Island, there is a balancing act to behold — one that might impress ......
By Scott James    3/22/12 5:46 p.m. PDT

The Case of a Stolen iPhone at an SFO Security Checkpoint

Jerry Cain put his iPhone into the side pocket of his laptop bag and placed it in the X-ray machine ......
By Scott James    3/15/12 5:34 p.m. PDT

More SF Builders Opting Not to Include Affordable Housing

Construction crews at the corner of 15th and Mission streets in San Francisco are transforming the site of a blighted ......
By Scott James    3/08/12 5:51 p.m. PST

At McDonald’s in the Haight, Calls to Police Have Been Supersized

McDonald’s golden arches famously proclaim “billions and billions served,” but at the restaurant’s beleaguered branch next to San Francisco’s Golden ......
By Scott James    3/01/12 8:35 p.m. PST