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Programs to protect tenants advance — over landlords' opposition

Palo Alto's planning commission backs new rental registry as council prepares to strengthen rules on evictions, security deposits

A now renting sign is placed outside the Alma Street Apartments in Palo Alto in 2018. Embarcadero Media file photo

It's an idea that city leaders and advocates for Palo Alto's tenants say is long overdue: a rental registry of the roughly 11,400 apartments scattered throughout the city. Many landlords, however, aren't convinced it's needed.

The City Council is preparing to implement the registry later this year, reasoning it would provide staff with invaluable data about local rents and renters. Both the council and the Planning and Transportation Commission have identified the program as the necessary first step in the city's effort to support renters, who make up roughly 47% of Palo Alto's population.

"This is just data that we sorely need in the city," Commission Chair Doria Summa said during a May 31 review of the new registry.

But the new program is also creating a fissure between local tenants and landlords. During recent community meetings, dozens of property owners have publicly derided the registry as a waste of money and an unnecessary intrusion on their privacy.

Local property managers and Realtors suggested during the Wednesday hearing that the new program will do nothing to address the city's most glaring housing problem: affordability.

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"Certainly, this proposal will not reduce any rents in Palo Alto but undoubtedly will lead to owners passing on costs (of participating in the registry) through increased rents to tenants," said Leannah Hunt, a local resident and Realtor.

But even if the registry won't in of itself lower rents or provide security for renters, city leaders believe it will serve as a foundation for future programs that will. The city is concurrently exploring policies to cap security deposits and expand protections from evictions beyond the requirements of the Assembly Bill 1482. And as Commissioner Keith Reckdahl pointed out, it will teach the city about its renter population so that it can focus its policies accordingly.

Then there are the practical benefits of having a list of rental properties. Anna Toledano said she struggled during the pandemic as a Stanford University graduate student to find a new apartment in Palo Alto.

"A rental registry would have been a Godsend for me in 2020," Toledano said. "I was almost forced to leave Palo Alto, something I just really didn't want to do because I couldn't find anywhere to live after the quick turnaround after having to leave my Stanford-provided sublet."

Lauren Bigelow, board chair at Palo Alto Renters Association, strongly supported "full and fast implementation" of the registry. Without one, the city has no mechanism for tracking rent hikes and enforcing state laws protecting tenants. While numerous landlords complained that the new registry would be costly and onerous to provide information for, Bigelow argued that the benefits would outweigh those costs.

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"Focusing on the pain of the property owners completely glosses over the fact that many renters would love to own their own homes but can't afford to own their own homes when homes in Palo Alto start in the millions of dollars, meaning that every renter is experiencing a severe power imbalance that can potentially leave them homeless," Bigelow said.

Concerns about privacy

But for some residents and commissioners, privacy remains an issue. Hunt said that many property owners were surprised to learn in recent months that as part of the proposed registry they would have to convey all sorts of private information. Commissioner Bart Hechtman also suggested that the city refrain from collecting data about rent increases and security deposits.

"I pay a mortgage and the only person that has any business knowing how much I pay monthly is my lender," Hechtman said. "And I make an income, and the only people who have any business knowing that information are the IRS and the person who writes my check.

"I would think tenants might feel the same way about somebody telling what they pay for housing, particularly in a situation where they don't even get to consent to the disclosure of the information."

Most of his colleagues concluded, however, that the information about rents is valuable and well worth collecting. Reckdahl argued the public benefit would far outweigh the privacy concerns.

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"We need to know who we're not serving, and by knowing what rent is, we know what classifications, what thresholds, are not being served by the city," Reckdahl said.

Commissioner Cari Templeton noted that information about home prices is already publicly available. As such, providing information about rental properties would not be overly burdensome, she said.

"In fact, it would be very liberating for this kind of information to be available in the registry to see who is being fleeced," Templeton said, "because I sure would want to know that."

The commission vote occurred just days before the council is set to adopt a new law that expands protections against evictions. The ordinance would prevent no-fault evictions for properties built within the past 15 years and that, as such, are not protected by AB 1482.

Another new policy that the council will consider on June 5 would limit security deposits for unfurnished apartments to one-and-a-half times the monthly rent. Like the eviction protections, the security deposit ordinance would go beyond state law, which currently limits security deposits to twice the monthly rent.

"It is currently unknown what rental unit property owners/managers charge as a security deposit for new tenancies in Palo Alto — it could be up to the maximum allowed, or less," a report from the Department of Planning and Development Services states. "The effect of this policy would be to help reduce the total move-in costs for unfurnished rental units in Palo Alto, if the maximum security deposit would otherwise be charged."

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Gennady Sheyner
 
Gennady Sheyner covers the City Hall beat in Palo Alto as well as regional politics, with a special focus on housing and transportation. Before joining the Palo Alto Weekly/PaloAltoOnline.com in 2008, he covered breaking news and local politics for the Waterbury Republican-American, a daily newspaper in Connecticut. Read more >>

Follow on Twitter @paloaltoweekly, Facebook and on Instagram @paloaltoonline for breaking news, local events, photos, videos and more.

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Programs to protect tenants advance — over landlords' opposition

Palo Alto's planning commission backs new rental registry as council prepares to strengthen rules on evictions, security deposits

It's an idea that city leaders and advocates for Palo Alto's tenants say is long overdue: a rental registry of the roughly 11,400 apartments scattered throughout the city. Many landlords, however, aren't convinced it's needed.

The City Council is preparing to implement the registry later this year, reasoning it would provide staff with invaluable data about local rents and renters. Both the council and the Planning and Transportation Commission have identified the program as the necessary first step in the city's effort to support renters, who make up roughly 47% of Palo Alto's population.

"This is just data that we sorely need in the city," Commission Chair Doria Summa said during a May 31 review of the new registry.

But the new program is also creating a fissure between local tenants and landlords. During recent community meetings, dozens of property owners have publicly derided the registry as a waste of money and an unnecessary intrusion on their privacy.

Local property managers and Realtors suggested during the Wednesday hearing that the new program will do nothing to address the city's most glaring housing problem: affordability.

"Certainly, this proposal will not reduce any rents in Palo Alto but undoubtedly will lead to owners passing on costs (of participating in the registry) through increased rents to tenants," said Leannah Hunt, a local resident and Realtor.

But even if the registry won't in of itself lower rents or provide security for renters, city leaders believe it will serve as a foundation for future programs that will. The city is concurrently exploring policies to cap security deposits and expand protections from evictions beyond the requirements of the Assembly Bill 1482. And as Commissioner Keith Reckdahl pointed out, it will teach the city about its renter population so that it can focus its policies accordingly.

Then there are the practical benefits of having a list of rental properties. Anna Toledano said she struggled during the pandemic as a Stanford University graduate student to find a new apartment in Palo Alto.

"A rental registry would have been a Godsend for me in 2020," Toledano said. "I was almost forced to leave Palo Alto, something I just really didn't want to do because I couldn't find anywhere to live after the quick turnaround after having to leave my Stanford-provided sublet."

Lauren Bigelow, board chair at Palo Alto Renters Association, strongly supported "full and fast implementation" of the registry. Without one, the city has no mechanism for tracking rent hikes and enforcing state laws protecting tenants. While numerous landlords complained that the new registry would be costly and onerous to provide information for, Bigelow argued that the benefits would outweigh those costs.

"Focusing on the pain of the property owners completely glosses over the fact that many renters would love to own their own homes but can't afford to own their own homes when homes in Palo Alto start in the millions of dollars, meaning that every renter is experiencing a severe power imbalance that can potentially leave them homeless," Bigelow said.

Concerns about privacy

But for some residents and commissioners, privacy remains an issue. Hunt said that many property owners were surprised to learn in recent months that as part of the proposed registry they would have to convey all sorts of private information. Commissioner Bart Hechtman also suggested that the city refrain from collecting data about rent increases and security deposits.

"I pay a mortgage and the only person that has any business knowing how much I pay monthly is my lender," Hechtman said. "And I make an income, and the only people who have any business knowing that information are the IRS and the person who writes my check.

"I would think tenants might feel the same way about somebody telling what they pay for housing, particularly in a situation where they don't even get to consent to the disclosure of the information."

Most of his colleagues concluded, however, that the information about rents is valuable and well worth collecting. Reckdahl argued the public benefit would far outweigh the privacy concerns.

"We need to know who we're not serving, and by knowing what rent is, we know what classifications, what thresholds, are not being served by the city," Reckdahl said.

Commissioner Cari Templeton noted that information about home prices is already publicly available. As such, providing information about rental properties would not be overly burdensome, she said.

"In fact, it would be very liberating for this kind of information to be available in the registry to see who is being fleeced," Templeton said, "because I sure would want to know that."

The commission vote occurred just days before the council is set to adopt a new law that expands protections against evictions. The ordinance would prevent no-fault evictions for properties built within the past 15 years and that, as such, are not protected by AB 1482.

Another new policy that the council will consider on June 5 would limit security deposits for unfurnished apartments to one-and-a-half times the monthly rent. Like the eviction protections, the security deposit ordinance would go beyond state law, which currently limits security deposits to twice the monthly rent.

"It is currently unknown what rental unit property owners/managers charge as a security deposit for new tenancies in Palo Alto — it could be up to the maximum allowed, or less," a report from the Department of Planning and Development Services states. "The effect of this policy would be to help reduce the total move-in costs for unfurnished rental units in Palo Alto, if the maximum security deposit would otherwise be charged."

Comments

MyFeelz
Registered user
another community
on Jun 1, 2023 at 10:15 am
MyFeelz, another community
Registered user
on Jun 1, 2023 at 10:15 am

Every time this subect comes up, it's under a different guise designed to frighten landlords and they, in turn, try to frighten their tenants into thinking that THEY will end up on the registry.

That is not the case. The landlord registry was adopted into the city code, along with instructions about fees landlords would have to pay to tenants for 'no cause' evictions.

Every renter is eligible for a renter's tax credit. The FTB already knows who is renting in Palo Alto. What they DON'T know is who would have to pay the tenant relocation fees that have been in the City Code, for decades.

Under PAMC Section 9.72.050, there was just supposed to be a list of who the City can enforce the no-fault eviction relocation fees against a landlord. A tenant COULD go to small claims court to demand $10k, but in many cases the relocation fees are more than that. Tenants shouldn't have to sacrifice relocation fees just because the City has failed, for over two decades now, to implement and enforce their own codes.


Smrty
Registered user
College Terrace
on Jun 1, 2023 at 12:27 pm
Smrty, College Terrace
Registered user
on Jun 1, 2023 at 12:27 pm

At first glance it appears this 'could' be a good tool for information to inform future housing plans and tenant protections for Palo Alto. However, if I were a tenant, I would want the choice as to whether my information was given to the city or not. A document should be provided to all tenants explaining the program and which gives them the choice to opt in or out. My two cents.


Gale Johnson
Registered user
Adobe-Meadow
on Jun 1, 2023 at 1:25 pm
Gale Johnson, Adobe-Meadow
Registered user
on Jun 1, 2023 at 1:25 pm

How would it be determined if the information provided by the landlords was factual? Showing all the lease agreements they have with their tenants would be one way. If it was good substantiated data I think it would help prospective renters and save them the time of visiting apartments to check them out, only to learn the rent is well above their means. Landlords are under pressure, too, because a lot of them might still be paying off the loans they got to buy the rental properties. The landlords who have owned their properties outright...no mortgages for years...are reaping the benefits of having the apartments built years ago when real estate and building costs were much lower. And if they shirk on maintenance or upgrades, then that's more money in their pockets.

One thing I'm pretty certain of; the Registry won't accomplish what some people are hoping for...reducing rental rates. That will only happen with the basic law of economics...supply and demand...and the need for occupants to rent the apartments to support an income stream for the landlords to be able to make mortgage payments.


Online Name
Registered user
Embarcadero Oaks/Leland
on Jun 1, 2023 at 2:32 pm
Online Name, Embarcadero Oaks/Leland
Registered user
on Jun 1, 2023 at 2:32 pm

Doria Summa, thank you for continuing to push for this. Maybe you can also light a fire under the City Council to get that "long-awaited" business registry showing the number of employees so A) employers start paying their fair share of a business tax, B) so they start giving parking permits to their employees rather than pushing them into our neighborhoods and forcing US to pay for parking permits and inconveniencing all of our visitors and C) saving us $275,000 in absurd expenses (1 $175,000 city employee to try to hand out $100,000 in public transit passes.


Novelera
Registered user
Midtown
on Jun 1, 2023 at 2:59 pm
Novelera, Midtown
Registered user
on Jun 1, 2023 at 2:59 pm

Well, big surprise. The landlords and realtors don't want anyone knowing how much they are charging (gouging?) renters in Palo Alto. Boo Hoo.


Ron Jensen
Registered user
Menlo Park
on Jun 1, 2023 at 3:49 pm
Ron Jensen, Menlo Park
Registered user
on Jun 1, 2023 at 3:49 pm

Sounds like a good idea as more transparency is needed. It is understandable that realtors and landlords are reluctant to divulge this information. This directory should be required of all CA cities depending on population.


Hinrich
Registered user
Old Palo Alto
on Jun 1, 2023 at 5:32 pm
Hinrich, Old Palo Alto
Registered user
on Jun 1, 2023 at 5:32 pm

Palo Alto meddling in the rental market sounds like a perfect plan to reduce the number of available rental units and force DEI and ESG mandates. Gosh, what could go wrong? Big brother managing the private (!) rental market is terrible news for renters. Renters should not be pushing local government to reduce their rents - leave free markets alone.


Marie
Registered user
Professorville
on Jun 1, 2023 at 7:05 pm
Marie, Professorville
Registered user
on Jun 1, 2023 at 7:05 pm

I’ve been a landlord in Palo Alto so for 27 years and have no problem with a landlord registry or revealing the rent I charge. Actually, I think there is one. There was no cost to me and I think I just gave the address. But I remember renting when I first lived in Palo Alto. My goal as a landlord is to treat my tenants fairly and fix things quickly, the opposite of what I experienced as a tenant. So I support the registry even if it will cost me something. However, I agree with the comment above asking the city administration to enforce the business registry. Unless the council can get the city administration to enforce the ordinances passed by the council, this too will be a waste of time. The city administration once again is not enforcing the requirement of a theatre at Palo Alto Square. So frustrating.


Christopher Chiang
Registered user
another community
on Jun 4, 2023 at 10:55 am
Christopher Chiang, another community
Registered user
on Jun 4, 2023 at 10:55 am

Free markets are most efficient when information is most readily available to all sides. When you buy a home or stocks, you have a wealth of price data and history available. Renters historically have little data in making one of the most expensive decisions in their lives. They have no info if the landlord historically keeps rent fair or has history of increasing rent dramatically, all the while landlords require a great deal of renter data from applicants (information asymmetry is bad for healthy markets).

If the city does this well, it is not onerous for landlords to report their rent annually, nor should it be costly for the city to collect and report the data once a database is setup. The city should setup the data to be open to third-party websites like Zillow and Trulia's rental sites, using an Open API policy like Open Data NYC Web Link and Open Data SF Web Link If the city only posts the data on its own website, it won't be useful.


Anonymous
Registered user
Duveneck/St. Francis
on Jun 4, 2023 at 11:10 am
Anonymous, Duveneck/St. Francis
Registered user
on Jun 4, 2023 at 11:10 am

Illogical thinking:
From the article
“Focusing on the pain of the property owners completely glosses over the fact that many renters would love to own their own homes but can’t afford to own their own homes when homes in Palo Alto start in the millions of dollars, meaning that every renter is experiencing a severe power imbalance that can potentially leave them homeless,” Bigelow said.
- umm, many of us owned cheaper homes before working our way up to owning a home in Palo Alto.
- inflation, mortgage rates - many factors including employment occur with timing or choices with respect to home ownership.
- there are MANY communities in addition to Palo Alto where homes cost in the millions of dollars.
- there are higher cost places I’d love to own a house but cannot afford to, at least not currently.
- there are many choices in this world; some choose to own “status cars” that cost 3X mine while living in a less expensive apartment, home or location, for example. You don’t know how others spend their total budgets.
- I hardly find the option is to be left homeless. In fact, There are lots of options.
- property owners’ pain (!?) - what.


casey
Registered user
Midtown
on Jun 5, 2023 at 12:53 pm
casey, Midtown
Registered user
on Jun 5, 2023 at 12:53 pm

"Commissioner Cari Templeton noted that information about home prices is already publicly available. As such, providing information about rental properties would not be overly burdensome, she said."

I believe that home price data comes from purchase agreements filed with the county recorder's office and collected by a third-party data provider. There is no additional regulatory burden because neither the buyer nor seller is required to submit any document in addition to what is ordinarily required as part of the sales transaction.

"In fact, it would be very liberating for this kind of information to be available in the registry to see who is being fleeced," Templeton said, "because I sure would want to know that."

Is there a legitimate governmental purpose for collecting rental data? The city cannot require such disclosure just so city employees or commissioners can look up how much their friends or neighbors are paying in rent. Also, some people interviewed in the article, as well as commenters, believe they will have some access to this data? Will it be publicly accessible? Because I haven't found any publically accessible portal to access Mountain View rental data. Has any of the local press filed a Public Records Act request to collect rental data from any of the local cities with rental registries?


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