Tuesday, November 27, 2018

Calls for rent control surge in Bay Area suburbs

Calls for rent control surge in Bay Area suburbs

Stephen Snyder, at left, signs a rent control ballot measure as Zav Hershfield canvasses the Seabright neighborhood on Friday, April 20, 2018, in Santa Cruz, Calif. (Jim Gensheimer/Special to Bay Area News Group)
PUBLISHED:  | UPDATED: 
SANTA CRUZ — Many people in the Seabright neighborhood knew about the roiling local debate over rent control even before Zav Hershfield, petition in hand, knocked on their doors.
Canvassers for renter rights have been through parks, neighborhoods and local shopping centers since February in this coastal town, collecting signatures to place a city referendum on the November ballot limiting annual rent increases and make it harder to evict residents.
Hershfield, 25, a recent UC Santa Cruz graduate, approached homeowner Anita Grunwald while she walked her dog.
“Rent control is kind of a difficult issue,” said Grunwald, a long-time Santa Cruz resident, musing about helping the city’s population of students, teachers and emergency workers. She didn’t sign, but agreed with Hershfield on one point: “Something has to be done.”
As housing prices rise and rents soar, the tenants’ rights movement has gained momentum in smaller cities across California. Even typically placid suburbs are now grappling with rent control battles that were fought decades ago in San Francisco, Oakland and San Jose.
In addition to Santa Cruz, housing advocates in Sacramento, Santa Rosa and many Southern California communities are seeking to limit rent increases and gain protections for renters from eviction. Others, like Pacifica, San Mateo and Burlingame, have seen rent control measures fail after battles between renters and landlords.
ADVERTISING
“The pressure to keep your housing has become so intense,” said Tony Roshan Samara, program director at Urban Habitat in Oakland. “It begins to wear on individuals, families and entire communities.”
Growing financial pressure on tenants is driving a statewide push for a November referendum to lift California’s limits on rent control, a decades-old law backed by landlords and developers and known as Costa Hawkins. The law generally bans rent control on single family homes, condominiums, and units built after February 1, 1995. If the law is lifted, cities could put caps on far more properties.
Typically, local rent control measures allow landlords to annually raise rents with the cost of living index, capped at no more than 5 percent. Advocates also push for protections against evictions, limiting the reasons a landlord can remove a tenant.
Zav Hershfield, at left, talks to Anita Grunwald, holding her dog, Sandie, as he canvasses the Seabright neighborhood while looking for residents to sign a rent control ballot measure on Friday, April 20, 2018, in Santa Cruz, Calif. (Jim Gensheimer/Special to Bay Area News Group)
Zav Hershfield, at left, talks to Anita Grunwald, holding her dog, Sandie, as he canvasses the Seabright neighborhood while looking for residents to sign a rent control ballot measure on Friday, April 20, 2018, in Santa Cruz, Calif. (Jim Gensheimer/Special to Bay Area News Group) 
But across the state, real estate brokers, property owners and others have financed successful campaigns against rent control. They say the answer to the housing crisis and rising rents is more development, not regulation.
“We have found ourselves in this perfect storm,” said Joshua Howard, spokesman for the California Apartment Association. “Price controls fail to solve the underlying problem.”
Renter groups say the controls allow tenants — a growing population in many Bay Area suburbs — to have stable, predictable housing costs. The caps slow the rate of rent increases, but state law gives landlords the opportunity to raise prices back to market rates when tenants leave.
Samara said rising costs have many poor and working class families spending more than half of their income on housing. Median monthly rents for apartments in the Bay Area are among the highest in the country, with a typical two bedroom leasing for $2,270 in Oakland, $2,570 in San Jose and $3,060 in San Francisco, according to Apartment List.
The housing crisis, Smara said, “is very much a renter crisis.”
A recent study of rent control in San Francisco by Stanford researchers found the local measures led owners to convert more units to condos or redevelop the properties, and reduced their amount of available apartments. Renters tended to stay in rent-controlled apartments longer, the study found, which allowed them to save between $2,300 and $6,600 per person annually from 1995 to 2012.
The reduced supply of apartments drove city-wide monthly prices up by about 7 percent, researchers found. They argued the program would have been more efficient if the city provided subsidies or tax credits to offset large rent increases.
Howard said property owners are willing to compromise with other provisions, such as granting relocation assistance and guaranteeing 12-month leases, but have not found a willing partner in the advocacy groups. “They had the mantra of rent control or bust,” he said.
Pacifica might offer a glimpse of what’s ahead for other suburban communities.
The quiet coastal community tucked between San Francisco and Half Moon Bay has seen its population grow and rents, like elsewhere in the Bay Area, soar. The median cost for apartments rose 51 percent between 2010 and 2015, a city survey found, far outstripping average wage increases.
A local mobile home park, Pacific Skies Estates, was purchased by out-of-state investors. The investors raised rents and renovated the property. Dozens of residents were evicted, sparking a community backlash.
A non-profit group, Fair Rents 4 Pacifica, formed and mustered enough support from the city council to get rent control placed on the November 2017 ballot.
National, state and local Realtor associations, as well as city property managers and landlords, spent about $450,000 to defeat the measure. The campaign included paid signature gatherers, signs and online marketing.
Renter rights advocates told police they were harassed by petitioners hired by landlord groups as the two sides campaigned in Pacifica shopping centers. “It was an extremely unpleasant experience,” said Suzanne Moore, a retired nurse helping lead the rent control campaign.
In March, San Mateo County prosecutors charged two contractors gathering signatures for the property owners groups with felony election fraud. Brad and Jentry Jasperson, of Utah, face 21 counts in San Mateo Superior Court of identity theft, signing fictitious or forged names to a petition, and perjury by declaration. Prosecutors allege the couple forged or made up 10 signatures of San Mateo County residents.
Zav Hershfield, at right, talks to Terry Teitelbaum as he canvasses the Seabright neighborhood while looking for residents to sign a rent control ballot measure on Friday, April 20, 2018, in Santa Cruz, Calif. (Jim Gensheimer/Special to Bay Area News Group)
Zav Hershfield, at right, talks to Terry Teitelbaum as he canvasses the Seabright neighborhood while looking for residents to sign a rent control ballot measure on Friday, April 20, 2018, in Santa Cruz, Calif. (Jim Gensheimer/Special to Bay Area News Group) 
Howard said the CAA supported the investigation and expects lawful behavior from its campaigners.
Tenant advocacy groups say the hardball tactics have been mirrored in communities across the state.
Zav Hershfield expects the resistance to grow in Santa Cruz. Some members of the group are already wary of reprisals from their landlords.
As he went door to door, he said the local group, Movement for Housing Justice, was well on the way to gathering 9,000 signatures, nearly double the necessary amount to put the measure to voters. “There’s a lot of fear in the homeowner and landlord community,” said Hershfield, who rents. “I can sympathize.”
Stephen Snyder, a long-time homeowner, had already studied the issue when Hershfield handed him a clipboard.
“Everybody should have a chance to live here,” Snyder said, scratching his name on the petition.

Tech hub with affordable housing

Thursday, September 20, 2018

New rules and limitations for depreciation and expensing under the Tax Cuts and Jobs Act

FS-2018-9, April 2018
The Tax Cuts and Jobs Act, signed Dec. 22, 2017, changed some laws regarding depreciation deductions.

Businesses can immediately expense more under the new law

A taxpayer may elect to expense the cost of any section 179 property and deduct it in the year the property is placed in service. The new law increased the maximum deduction from $500,000 to $1 million. It also increased the phase-out threshold from $2 million to $2.5 million.
The new law also expands the definition of section 179 property to allow the taxpayer to elect to include the following improvements made to nonresidential real property after the date when the property was first placed in service:
  • Qualified improvement property, which means any improvement to a building’s interior. Improvements do not qualify if they are attributable to:
    • the enlargement of the building,
    • any elevator or escalator or
    • the internal structural framework of the building.
  • Roofs, HVAC, fire protection systems, alarm systems and security systems.
These changes apply to property placed in service in taxable years beginning after Dec. 31, 2017.

Temporary 100 percent expensing for certain business assets (first-year bonus depreciation)

The new law increases the bonus depreciation percentage from 50 percent to 100 percent for qualified property acquired and placed in service after Sept. 27, 2017, and before Jan. 1, 2023. The bonus depreciation percentage for qualified property that a taxpayer acquired before Sept. 28, 2017, and placed in service before Jan. 1, 2018, remains at 50 percent. Special rules apply for longer production period property and certain aircraft.
The definition of property eligible for 100 percent bonus depreciation was expanded to include used qualified property acquired and placed in service after Sept. 27, 2017, if all the following factors apply:
  • The taxpayer didn’t use the property at any time before acquiring it.
  • The taxpayer didn’t acquire the property from a related party.
  • The taxpayer didn’t acquire the property from a component member of a controlled group of corporations.
  • The taxpayer’s basis of the used property is not figured in whole or in part by reference to the adjusted basis of the property in the hands of the seller or transferor.
  • The taxpayer’s basis of the used property is not figured under the provision for deciding basis of property acquired from a decedent.
Also, the cost of the used qualified property eligible for bonus depreciation doesn’t include any carryover basis of the property, for example in a like-kind exchange or involuntary conversion.
The new law added qualified film, television and live theatrical productions as types of qualified property that are eligible for 100 percent bonus depreciation. This provision applies to property acquired and placed in service after Sept. 27, 2017.
Under the new law, certain types of property are not eligible for bonus depreciation. One such exclusion from qualified property is for property primarily used in the trade or business of the furnishing or sale of:
  • Electrical energy, water or sewage disposal services,
  • Gas or steam through a local distribution system or
  • Transportation of gas or steam by pipeline.
This exclusion applies if the rates for the furnishing or sale have to be approved by a federal, state or local government agency, a public service or public utility commission, or an electric cooperative.
The new law also adds an exclusion for any property used in a trade or business that has floor-plan financing. Floor-plan financing is secured by motor vehicle inventory that a business sells or leases to retail customers.

Changes to depreciation limitations on luxury automobiles and personal use property

The new law changed depreciation limits for passenger vehicles placed in service after Dec. 31, 2017. If the taxpayer doesn’t claim bonus depreciation, the greatest allowable depreciation deduction is:
  • $10,000 for the first year,
  • $16,000 for the second year,
  • $9,600 for the third year, and
  • $5,760 for each later taxable year in the recovery period.
If a taxpayer claims 100 percent bonus depreciation, the greatest allowable depreciation deduction is:
  • $18,000 for the first year,
  • $16,000 for the second year,
  • $9,600 for the third year, and
  • $5,760 for each later taxable year in the recovery period.
The new law also removes computer or peripheral equipment from the definition of listed property. This change applies to property placed in service after Dec. 31, 2017.

Changes to treatment of certain farm property

The new law shortens the recovery period for machinery and equipment used in a farming business from seven to five years. This excludes grain bins, cotton ginning assets, fences or other land improvements. The original use of the property must occur after Dec. 31, 2017. This recovery period is effective for property placed in service after Dec. 31, 2017.
Also, property used in a farming business and placed in service after Dec. 31, 2017, is not required to use the 150 percent declining balance method. However, if the property is 15-year or 20-year property, the taxpayer should continue to use the 150 percent declining balance method.

Applicable recovery period for real property

The new law keeps the general recovery periods of 39 years for nonresidential real property and 27.5 years for residential rental property. But, the new law changes the alternative depreciation system recovery period for residential rental property from 40 years to 30 years. Qualified leasehold improvement property, qualified restaurant property and qualified retail improvement property are no longer separately defined and given a special 15-year recovery period under the new law.
These changes affect property placed in service after Dec. 31, 2017.
Under the new law, a real property trade or business electing out of the interest deduction limit must use the alternative depreciation system to depreciate any of its nonresidential real property, residential rental property, and qualified improvement property. This change applies to taxable years beginning after Dec. 31, 2017.

Use of alternative depreciation system for farming businesses

Farming businesses that elect out of the interest deduction limit must use the alternative depreciation system to depreciate any property with a recovery period of 10 years or more, such as single purpose agricultural or horticultural structures, trees or vines bearing fruit or nuts, farm buildings and certain land improvements. This provision applies to taxable years beginning after Dec. 31, 2017.

https://www.irs.gov/newsroom/new-rules-and-limitations-for-depreciation-and-expensing-under-the-tax-cuts-and-jobs-act

Friday, June 29, 2018

5 Reasons Why You Should Require Renters Insurance in the Lease

5 Reasons Why You Should Require Renters Insurance in the Lease

Written on January 28, 2016 by , updated on January 23, 2017
Require Renters Insurance in the LeaseYes, you can require a tenant to buy and maintain renters insurance as a requirement of the lease. Furthermore, doing so certainly benefits the landlord just as much as the tenant.
Many tenants simply assume that a landlord’s insurance policy covers their personal property in the event of damage to the dwelling.
Requiring tenants to purchase their own insurance policy is the only real way to protect their possessions.
For you, the landlord or manager, renters insurance is an extra layer of protection in this litigious world.
For a tenant, it’s relatively inexpensive, often less than $20 per month, and shouldn’t cause a burden except to the most financially strapped of tenants. Most people can simply add it as a discounted rider to their existing auto insurance policy (if they have one).
Since laws vary by state, speak to an attorney about adding a mandatory renters insurance clause to your leases.

Benefits of Requiring Renters Insurance

1. It Mitigates the Threat of a Lawsuit

The top benefit of requiring tenants to purchase renters insurance involves keeping you out of court. When damage occurs to a renters belongings, and if the tenant does not have rental insurance, there’s a high probability the tenant will try to claim some type of landlord responsibility.
Here’s one scenario:
Check out these other examples of actual insurance claims.

2. It Reduces Your Responsibility

If the worst happens and there’s a fire or other disaster, you might feel responsible for finding your tenants a temporary place to stay. In certain states, you are considered responsible and must provide relocation benefits. To make things worse, while in the midst of dealing with your property damage, you’re also trying to negotiate lodging or other necessities on your tenant’s behalf.
Tenants with renters insurance don’t have to rely on your good will or ability to pay for their temporary housing. That’s their insurance company’s role. You shouldn’t have that hassle while you’re trying to get a handle on your own losses.

3. It Weeds Out Bad Tenants

If you require renters insurance and your applicant complains that he can’t afford it, that’s a red flag before you review the application.
…if an applicant complains about the insurance requirement, it’s a red flag before you even review the application.
If someone can’t afford to pay the low monthly rates for renters insurance, just how close to the edge are they living? What are the odds that they won’t have the monthly rent money?
Renters who live paycheck to paycheck are fine people, but they make horrible tenants.

4. It Covers Your Deductible

If a tenant damages your building, such as inadvertently causing a fire, your insurance policy may pay the repair costs. However, you’re still stuck paying the deductible – which can be a substantial amount of money.
If the tenant does have renters insurance, the policy should cover your homeowner’s insurance deductible – thereby making an unfortunate situation somewhat easier to deal with.

5. It Gives You Peace of Mind

It’s hard to put a price on peace of mind, but knowing your tenants have renters insurance helps fund it.
Realizing you won’t face lawsuits and pay the accompanying legal fees for issues that aren’t your responsibility takes a load off your shoulders. It should also improve your relationship with your tenants, as you’re not viewing them as prospective litigants should they experience personal emergencies.

Sample Lease Clause

Here’s a sample lease clause that you could use to require renters insurance, however please have a local attorney review the clause above for your own usage. I am not a lawyer, nor is this legal advice.

Perform Annual Checks

Just because your tenant showed you proof of rental insurance when signing the lease doesn’t mean he didn’t let the policy lapse.
For best results and continued peace of mind, have your tenant show you proof of insurance annually – typically as a requirement for renewal. If renters insurance is a mandated part of the lease, the tenant’s canceling or allowing the policy to lapse is grounds for termination.