GETTING CATTY - OAKLAND EVENT ON MAY 11, 2013

"An estimated 5,000+ cat-lovers and friends will be celebrating felines and exploring the low-art of Internet cat videos together, in real-time as we transform West Grand between Telegraph and Broadway into a cat-lovers wonderland with cat-themed events in every corner."

This is a benefit to support the East Bay SPCA.

To learn more, click here!

WHO MOVED THE CHEESE?

142 and 150 Caldecott Lane share three 96-gallon garbage containers.

Shown is a photo taken on March 3, 2013 of those three containers.

The numbers on those containers are:

959 007700 
959 007658 
959 008038






The tenants are now reduced to two containers.  See photo.

Guess where one of the containers is now located?  Yes, you win the prize!

Container 959 007700 has been moved to 130 Caldecott Lane and the two containers at 150 Caldecott Lane have been replaced with

959 007694 and 
959 007698.

So, who moved the cheese?

TALKING TRASH

Each garbage container provided by Waste Management has a number. For instance, as of a few days ago, 130 Caldecott Lane, had the following garbage containers:

• 959 007700 - 96 Gallon
• 9511 011537 - 96 Gallon
• 9509 007699 - 96 Gallon
• 3519750 - 35 Gallon
• 3511 053266 - 35 Gallon

Want to track YOUR garbage containers?  Record the number on the container and note the gallon size.

Complaint number 1203238 for 142 and 150 Caldecott Lane which was filed on July 12, 2012 is still open and concerns an inadequate number of garbage containers. 

To get the City to act, call City of Oakland Building Inspection Department at: (510) 238-3381.  You don't have to provide your name!

Complaint number 1301399 for inadequate sanitation has been filed as of March 19, 2013.

A courtesy notice has been sent to property management to alert them about these complaints.

Become empowered to create change!  

Call the City of Oakland Building Inspection Department at: (510) 238-3381. 

Tell them, "I don't have enough garbage containers.  There's trash piling up!"  You don't have to state your name.

If an inadequate number of garbage containers is still an issue by April 9, 2013, then the City will personally inspect our properties provided that we call them and say,  "We STILL don't have enough garbage containers!:

Waste Management charges $22.78 for each unit which includes garbage collection and recycling provided by California Waste Solutions and is based on a 35-gallon capacity.  

It's really simple...  

• We want more garbage containers.  
• We want an environment free of blight.
• We will pay what's just and fair for services supplied.
• We want a habitable place to call home. 

COMMUNITY CLEAN-UP ON EARTH DAY - APRIL 20, 2013

DID YOU KNOW THAT THE PROPERTY BEHIND 120 TO 158 CALDECOTT LANE IS OWNED BY THE CITY OF OAKLAND?

On April 20, 2013 at 9:00 a.m., tenants, family members, and friends will join together behind 120 and 142 Caldecott Lane to clean-up City property from:

• Wood debris
• Vegetation dumped into storm drains and creeks
• Litter and Trash

We may be joined by other City residents and volunteers since our clean-up efforts are posted on a City of Oakland website.

To pitch in and help, please contact tenantsofcaldecottlane@gmail.com.  We'll send you information that the City asked us to provide to all volunteers and a sign-up sheet.

The City of Oakland will be providing us with gloves, rakes, shovels, and other tools and your  community organization, Tenants of Caldecott Lane, will provide cold water, Gatorade, and other beverages and snacks.

We plan to work all day or until we've cleaned up the debris. But, even if you can only pitch in for a few hours, we welcome and thank you for your efforts.

As it relates to the debris behind the public utility behind 130 Caldecott Lane, we will be offering the scaffolding, chain link fence, these items will be offered for free for the taking or be picked up by the Keep Oakland Beautiful city agency.

PLEASE JOIN US FOR THE CALDECOTT LANE CLEAN-UP ON APRIL 20, 2013!

FROM BLIGHT TO BEAUTY ... Become empowered to create change!

KEEP AMERICA BEAUTIFUL

Did you know that “long before being ‘green’ was fashionable, Keep America Beautiful formed in 1953 when a group of corporate and civic leaders met in New York City to discuss a revolutionary idea — bringing the public and private sectors together to develop and promote a national cleanliness ethic?”

“KeepAmerica Beautiful” is a national organization, and Oakland has its’ own city affiliate, “Keep Oakland Clean and Beautiful.”  

The illegal dumping on City property behind the 120, 130, and 142 Caldecott Lane has been referred to two organizations, Oakland’s affiliate of Keep America Beautiful and the tenants are also working with Oakland’s “Adopt-a-Spot.”

Keep Oakland Clean and Beautiful can remove and haul away the old sofas, sewer pipes, chain link fence, and scaffolding hidden behind the public utility.  And, there is some debris that could be creatively offered for re-use or recycling.

But, to address the issues of wooden debris, construction pipes, and creeks clogged with rosemary cuttings, discarded Christmas trees, tree trimmings, and other trimmings from vegetation used in landscaping, we need a community effort to conduct a clean-up.

Tenants on Caldecott Lane will be posting a date on which we will ask you and other volunteers to help pitch in and clean-up the public property behind Caldecott Lane.

There is a creek that runs from Tunnel Drive down to the storm drain behind 120 Caldecott Lane and behind 142 Caldecott Lane.  And, the property itself is a slice of nature that could be beautiful but is now punctuated by blight.

And, with the City’s permission, we may also be able to add wildflowers that are indigenous to the environment.

Wouldn’t it be nice to walk outside with our dogs, and enjoy clean, green space together?

Wouldn’t it be nice to look outside our windows and see property restored to its natural beauty?

Working together, we can achieve this.  And, the City can help provide tools, gloves, and to assist us in hauling away the debris.

Working together we can create change and take pride in our efforts to make street lights work, and keep our environment clean and green.

"IT’S YOUR MONEY - SECURITY DEPOSIT THEFT Tenants Together, a state-wide organization in which many leading non-profit organizations who represent tenants work together, launched a new campaign on February 21, 2013.  See links under the section entitled Security Deposits to the right of this blog and learn more about how you can protect your hard-earned money.

"Tenants Together announced the launch of 'It's Your Money,' a new campaign to stop security deposit theft by California landlords. The campaign website features know-your-rights information for tenants, tips on how to protect deposits, tenant stories and policy recommendations. The site allows tenants to share their security deposit horror stories.  Security deposit theft is one of the most common grievances among California's 15 million renters. In a recent survey, over 60% of Tenants Together members reported improper withholding of deposit money. This is an astonishing figure, but not one that surprises anyone working with California tenants. "Millions of dollars are being stolen from tenants every year," commented Dean Preston, Executive Director of Tenants Together, California's statewide organization for renters' rights. 'It's gotten so bad that tenants paying their security deposits don't ever expect to see that money again. Something has got to change.' Unlike...many other states, California law does not require deposit money to be held in a separate account, does not require a landlord to pay interest on the deposit to tenants, and rarely imposes any penalty on landlords that improperly withhold deposits.  The 'It's Your Money' campaign seeks to change the dynamic and bring about basic fairness when it comes to security deposits. The campaign coalition is united around three basic principles: 1. Deposit money should not be comingled with other landlord assets 2. Tenants deserve interest on security deposits 3. Landlords who improperly withhold deposits must face meaningful penalties For more information about the campaign, visit www.YourDeposit.org. DISCLAIMER:   Legal issues are frequently complex and individual.  The information contained on this blog is not legal advice nor does it create an attorney client relationship between the viewer/reader and the writer of this blog.  For legal advice, please consult an attorney who practices landlord tenant law.

TAKE TWO ON TRASH COLLECTION - YAKITY YAK

Waste Management, the company that provides our garbage containers and who collects the trash every Monday, has a franchise contract with the City of Oakland.  This contract sets the garbage collection rates for an annual period, after which the negotiated rates may be raised.

For multi-unit commercial residential buildings, such as those we rent, the rates charged are $22.87 per month per unit and assumes a 32-gallon garbage capacity.  For 36-units (for example, buildings 120, 130, 142 and 150 actually have 38-units in total but not all are occupied), Waste Management calculates that there should be a 32-gallon garbage capacity per unit per month and multiplies this amount by the number of units to determine the number of garbage containers that should be allocated.

So, 32 gallons * 36 units = 1,152 gallons of garbage per month

1,152 gallons divided by a 96 gallon garbage container = 12 Large size garbage containers 

for all four buildings combined or 6 large garbage containers shared between two buildings.

Garbage collection is similar to a utility.  Each tenant pays their own PG&E bill and they pay only what they are charged by PG&E.

For evidence of the garbage “utility” charges, click here.  See Page 2 of the rate report for substantiation of the $22.78 monthly fee which affords garbage collection once per week, per month.

120 and 130 Caldecott Lane buildings share two 96-gallon (large) containers and two 35-gallon containers.

142 and 150 Caldecott Lane residents share three 96-gallon (large) containers.

In addition, any garbage bag left outside the garbage container is charged a $7.38 charge per bag and property management is charged for overages every week.

There appear to be three issues:

1.        An inadequate number of garbage containers;
2.        Unnecessary overages resulting from an inadequate number of garbage containers;
3.        Garbage collection fees that are being over (or under) charged the residents.  Of course, these fees exclude the costs for California Waste Solutions who handles recycling.

Want to solve this problem?

Make an anonymous report to Building Code Enforcement by calling (510) 238 -3381 and file your own complaint.  You are not required to include your name on the complaint.

You wouldn't be the first to log a complaint.  The earliest complaint logged was on July 12, 2012!

Become Empowered to Create Change!

TAKE, TAKE OUT THE TRASH – YAKITY YAK

Under Cal. Civ. Code section 1941.1(a):

A dwelling shall be deemed [uninhabitable]. . . if it substantially lacks …

(7) An adequate number of appropriate receptacles for garbage and rubbish… with the landlord providing appropriate serviceable receptacles… and being responsible for the clean condition and good repair of the receptacles under his or her control.

Photographic documentation, taken over time, shows that 2 small and 2 large garbage containers are shared by ALL of the tenants at 120 and 130 Caldecott Lanes.  And, that 3 large garbage containers are shared by the tenants at 142 and 150 Caldecott Lanes.

Waste Management charges an “overage” fee for each garbage bag left outside or on top of the garbage containers and has determined, at least as it relates to 120 and 130 Caldecott Lanes, that there are an insufficient number of garbage containers.  

Waste Management promised to deliver six (6) large containers on Monday, March 4, 2013. At least one person witnessed the delivery; however, the new containers were nowhere to be found.  This is their second delivery after which there was a similar absence of new containers. 

Interestingly, a complaint was registered by a tenant in July 2012 for inadequate garbage containers and recorded by Building Code Enforcement.  Another tenant registered a similar complaint with code enforcement in February 2013.  See Complaint No. 1203238.

Click here to search for registered complaints and fill in your address.  If the complaint is "verified," an inspector has investigated the complaint and determined that the conditions reported exist.

At the same time, each unit at 120 to 158 Caldecott Lane is being charged a “garbage collection fee.”  The fee ranges from $20 to $35 per unit and is being charged without any relation to the number of apartment occupants.

Uninhabitable conditions such as these could possibly qualify for tenants for a reduction in rent . . . Click here to learn more.

Inadequate garbage containers is one of the statutory uninhabitable conditions.  

This should give us ALL pause for thought…

DISCLAIMER:   Legal issues are frequently complex and individual.  The information contained on this blog is not legal advice nor does it create an attorney client relationship between the viewer/reader and the writer of this blog.  For legal advice, please consult an attorney who practices landlord tenant law.

LET THERE BE LIGHT!

After weeks of walking down a dark Caldecott Lane, we are finally greeted with lighted street lights!

It appears that the City of Oakland and CalTrans have come together to solve a problem.  

To those officials responsible, THANK YOU!

What I’ve learned is that there is a plate embedded in the sidewalk near each street light and that each street light is numbered.

So, for street lights operated by the City of Oakland, use Click Fix (see widget below) to report the outage and provide both the address and the street light number.

For street lights operated by CalTrans, report the outage via the following link and provide both the address and the street light number.

Click here for CalTrans Maintenance. 

City Lights Fixed on 3/2/13.

CalTrans Lights Fixed on 3/4/13.

IS YOUR APARTMENT HABITABLE?

Under California Law, a landlord must provide a tenant a habitable rental unit; there is an implied warranty of habitability to each and every rented residence.  What is habitable is defined by state law, specifically Cal. Civ. Code section 1941.1 et. seq., as well as by law decided in court by judges (or case law).  The leading California case is Green v. Superior Court.  

As a tenant, you have a legal right to ask the landlord to repair conditions that make your apartment uninhabitable.  For instance, if your apartment has no heat, or no hot water, or the front door lock is inoperable, the landlord has a responsibility to promptly make the repairs.  

If the landlord fails to make repairs which substantially affect the habitability of the apartment, you may have the right to certain remedies including breaking the lease and moving out.  There are specific procedures that you must take to assert your rights should the landlord fail to make repairs of conditions that make your unit uninhabitable.  Please consult the California Tenant's Guide for further guidance and consult an attorney who practices landlord tenant law.

When you request the landlord to make repairs, do the following:

1) Telephone the landlord about the required repair;
2) Email your repair request to the landlord;
3) Photograph the condition that requires repair and attach the photo to your email.

Keep a log of every conversation you have with the landlord, including date and time of your conversation, a summary of what was said, and the outcome of your discussions.  Do this whether it concerns repairs, late rent, pet clean-up, noise complaints, or any other issues.

Here's a checklist of some uninhabitable apartment conditions.

Carefully review the following excerpt of Cal. Civil Code section 1941.1(a) below to learn more about what makes a rented residence uninhabitable under statutory law.  Remember that judge-made law has further defined and expanded statutory law.

Cal. Civ. Code 1941.1(a) A dwelling shall be deemed [uninhabitable] … if it substantially lacks any of the following. . .

   (1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

   (2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.

   (3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.

   (4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.

   (5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.

   (6) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage….

   (7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control.

   (8) Floors, stairways, and railings maintained in good repair…”

DISCLAIMER:   Legal issues are frequently complex and individual.  The information contained on this blog is not legal advice nor does it create an attorney client relationship between the viewer/reader and the writer of this blog.  For legal advice, please consult an attorney who practices landlord tenant law.

GOING, GOING...AND FINALLY GONE!

To quote the "We Fight Blight" blog and community group who fought blight in North Oakland,

"The We Fight Blight Team indicated earlier that one of its primary goals was to eliminate all abandoned and inoperable vehicles from a designated area in North Oakland. Abandoned and inoperable vehicles contribute to blight, present safety problems for children, and eliminate valuable off-street parking. During these difficult times in the real estate market, abandoned and inoperable vehicles as a component of blight also contribute to the downward spiral in real estate values. Communities punctuated by blight are less desirable as areas to relocate or live thereby directly affecting the demand and property valuations."

Now, we as Tenants of Caldecott Lane, can add our own efforts to remove our first abandoned vehicle, a dilapidated Volvo with open windows exposed to the elements and left since mid-May 2012 until February 28, 2013, at which time the vehicle was towed away and parking citations were issued.

We thank the Vehicle Abatement Team at the Oakland Police Department and the City of Oakland Building Inspection Department for their direct involvement.  

Is there an abandoned vehicle that YOU would like to report?  

Whether the vehicle is on private property or on city streets, you can report an abandoned vehicle by following the procedures outlined on the link below or send an email to tenantsofcaldecottlane@gmail.com and we will report the vehicle as being abandoned after an initial investigation.

Click Here to Learn More About Vehicle Abatement

Little, by little, we are making progress!