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Herb's Balterdash, July 2001
by Herb Balter


THANK YOU CITY COUNCIL

By the time you are reading this column, I will be in Southern Africa on a photo safari visiting Zimbabwe and Botswana as well as South Africa. You know- Victoria Falls (The Smoke that Thunders), the Okavango Delta (to stay in a treehouse lodge), and the Cape of Good Hope, where the chilly Atlantic meets the warm Indian Ocean.

I go on an adventure somewhere in the world each year interviewing people about the merits of Santa Monica Rent Control. Thus far, I have not found anyone who can believe what has been happening in Santa Monica for the past 22 years. Even in the People's Republic of China, they could not believe the Santa Monica Rent Control story.

Why am I able to go off on these travel adventures? I can thank the Santa Monica Rent Control in a left- handed way. Certainly, they did not plan it that way. Who could have predicted that Rent Control would lead to a "zero" vacancy factor for landlords? There are far more tenants seeking apartments in Santa Monica than there are available units to live in. Who could have predicted that the City of Santa Monica would make the procedure for building "new construction" an absolute nightmare?

It also does not take a Rocket Scientist to realize that if you have very low rents coming in you won't have to pay as much income tax to the Federal Government and State Government. As a matter of fact, many owners took losses as they saw expenses exceed income. So after many years in a deficit position, many owners are now finding themselves in the position of actually reporting significant income from rentals.

Most of us did not have "income property" in the early years of rent control.

What we had was "Outgo Property."

Who could have predicted the price of rents that are currently being collected for an ordinary apartment? For this, I guess we should also thank the State Legislators. They also have done virtually nothing to encourage the construction of affordable housing.

So I guess the combination of no new housing and the current cost of construction has led us to where we find ourselves today. The more the City Council and Rent Control Board try to legislate the Rental Market, we as Rental Property Providers get more action for our units. I can remember the days when tenants rented apartments, would live there for a long time, and the rent was never raised. It's a lot different now. The City Fathers have taught us to watch out for any violation of the rental agreement, and we have learned our lessons well. Today, no Santa Monica landlord wants his tenants to stay in the unit for a long time. It is just not good business. We learned that from the Rent Control Board. They are on the horns of a dilemma, and they know it. It will continue to get worse for the "City Fathers" and we as landlords will only continue to prosper. Vacancies happen! The City can't stop it!

Whatever you are doing- keep it up. I hope you are doing the following:
Make sure that you have a written rental agreement. Make sure that you are aware of who is residing in your unit. Make sure that the tenant is in compliance with your written rental agreement. Very few tenants will live in your unit for a lifetime. I have been lucky. I have had turnover. Maybe it is because I am an obnoxious kind of guy. Maybe the tenants don't like me. That's OK. I don't cause my tenants any problems. But they certainly know that I will become aware if they are in violation of the rental agreement. Then watch me!

Now if I am lucky, I'll get a photo of a leopard, a lion, an elephant, a giraffe, a black rhino, a zebra, a gazelle, etc. And just think-I have the Santa Monica City Fathers to thank for my good fortune.


ELLIS NOW

I am a landlord. I am not a developer. I am not in the construction business. Yes, I am aware of "ELLIS", but I never dreamed that I would try to use it. We all know how costly it is to purchase housing in Santa Monica. We all know how difficult it is to even find housing in Santa Monica. When my children starting looking for housing, we soon came to an obvious conclusion: it is too high for our budget!

Homes built north of Wilshire are now in the $2 or $3 million range. Newer homes in Sunset Park, for example, sell in the range of $1 million. This is a real dilemma if you want to stay in Santa Monica. Well, guess what happened to me. In my conversations with Rosario Perry, I found out several facts that I was not aware of. I always felt that if you "ELLISED" your property, you had to leave it sit for many years and just stay out of the rental business. To my surprise, I learned that I could go out of the Rental Business and immediately make plans to construct a new building. I couldn't believe it- but it is true.

I had an older triplex in Sunset Park that was nothing special. It had 3 small 1-bedroom units. It was rented, but this was not its highest and best use. Well, we started the "ELLIS" procedure. We got through that part. I had one tenant who was 62 years old. I had to give her relocation money. The other 2 tenants were younger and no payment of funds was required. We immediately started designing a 3,500 square foot home in the front with two units at the alley over garages. Remember, I started with 3 units and I will wind up with 3 units.

We have gone through City Planning, Building and Safety, and finally the Architectural Review Board.

There are no more obstacles. We have applied for a demolition permit, and when we get the Building Permit, we can start construction. We are hoping to start in July, when I return from Africa. I can't believe it. I'm still in shock when I think of all we have achieved. I did not have to build 3 units. I could have settled for a single family home. That way I would not have to pay the "In Lieu" fees of between $30,000-$40,000. Since it is zoned for units, I felt it would not hurt to squeeze in the 2 units in the rear. This is a Mediterranean style building and certainly will enhance the entire neighborhood. Do you see an "ELLIS' possibility in your future? Think about it!



THE 2001 INCREASE

At a special meeting held on Monday, June 18, 2001, the Rent Control Board voted 4 to 1 to approve a 4.2% annual rent increase with a maximum of $40 a month. This is the largest general adjustment we have received in 10 years since the board granted a 6 % increase in 1990. I'll take it. In a separate action, the board voted 4 to 0 to grant owners of master-metered rent controlled buildings (about 10% of the controlled units in Santa Monica) an additional $10 a month increase to offset rising energy costs. Commissar Bruria Finkel did not support either of the increases and requested that the 3% increase granted last year be maintained, arguing that projected hikes in energy costs have yet to materialize. I regret that I was not present to witness it. I was cruising on the Zambezi River in Botswana, looking to take photos of game animals. I was planning to bring back a KOMODO DRAGON in case the Rent Board doublecrossed us in some way. I am sure that there are board members who wear no shoes at these meetings.

Thanks for reading.

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