Warning: Unpermitted units!

This is just in from our Marvin Gardens lawyer:

Landlords May Not Collect Rent on Unpermitted Residential Units 

Recently, an Appellate Division of the Los Angeles Superior Court refused to force a tenant to pay rent on a residential unit, which was unpermitted and did not have a certificate of occupancy.  The landlord had served a three (3) day notice to pay or quit after the tenant refused to pay rent.  The Court declined to enforce the three (3) day notice because the unit was illegal. 

 

If you know anyone renting these please share this info right away.

Best regards,

Catherine Krueger

Your local resource for the East Bay Real Estate Market

510-813-0970

 

 

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El Cerrito Award of excellence

FOR IMMEDIATE RELEASE
Catherine Krueger – Marvin Gardens Real Estate selected for 2016 El Cerrito Small
Business Excellence Award
El Cerrito,CA – December 13, 2016 — Catherine Krueger – Marvin Gardens Real Estate has been selected for the 2016 El Cerrito Small Business Excellence Award in the Real Estate Agents classification by the El Cerrito Small Business Excellence Award Program.
Various sources of information were gathered and analyzed to choose the winners in each
category. The 2016 El Cerrito Small Business Excellence Award Program focuses on quality, not quantity. Winners are determined based on the information gathered both internally by the El Cerrito Small Business Excellence Award Program and data provided by third parties.
About the El Cerrito Small Business Excellence Awards Program
The El Cerrito Small Business Excellence Awards recognizes outstanding small businesses that serve the El Cerrito area. Each year, our selection committee identifies businesses that we believe have achieved outstanding marketing success in their local community and business classification.  Recognition is given to those companies that have shown the ability to use their best practices and implemented programs to generate competitive advantages and long-term value. These are small businesses that enhance the positive image of small business through service to their customers and our community. These exceptional companies help make the El Cerrito area a vibrant and vital place to live.
The El Cerrito Small Business Excellence Awards was established to reward the best of small businesses in El Cerrito. Our organization works exclusively with local business owners, trade groups, professional associations and other business advertising and marketing groups. Our mission is to award the small business community’s contributions to the U.S. economy.

SOURCE:
El Cerrito Small Business Excellence Award Program
CONTACT:
El Cerrito Small Business Excellence Award Program
Email: PublicRelations@SmallBusinessExcellence.email
URL: http://www.SmallBusinessExcellence.org

 

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New laws about secondary units on 1 lot!

http://www.sfchronicle.com/24hrsale/article/New-California-housing-laws-make-granny-units-10688483.php?cmpid=fb-premium

This is an excerpt from SF Chronicle about housing laws:

“California homeowners should find it easier and cheaper to build a second unit on their property, or turn an illegal unit into a legal one, thanks to two laws that take effect Jan. 1.

 The laws, along with a third that took effect in September, will ease or eliminate the off-street parking requirements and often-enormous utility-hookup fees that homeowners face when they create a second dwelling, often called an in-law or granny unit.

One set of rules will apply if the second unit is created within an existing space — such as a bedroom, basement, attic or garage. Another set will apply if the new unit, whether attached or detached, adds square footage outside or on top of existing structures.

Homeowners will still have to comply with local building codes, find a contractor and arrange financing.

The new laws won’t come close to filling the Bay Area’s housing needs. But they could create options for middle-income renters who don’t qualify for below-market-rate housing and can’t afford a market-rate apartment. They also could help homeowners meet their mortgage payments, seniors stay in their homes with an on-site caregiver, and multi-generational families live together, but not too together.

The laws that take effect Jan. 1 — AB2299 and SB1069 — amend the state law governing second units and rename them “accessory dwelling units.”

About two-thirds of California’s cities and counties have their own second-unit ordinances, but the state law is more permissive than most of them. Jurisdictions that have not adopted or amended a local ordinance that complies with the new state law by Jan. 1 will have to follow the state law until they approve a compliant one.

Under the new law, second units are allowed on any lot with a single-family home, but local ordinances can say where they will or won’t be permitted based on factors such as water and sewer services, traffic flow and public safety.

The amended law will allow accessory units up to 1,200 square feet, but allows jurisdictions to impose lower limits and establish standards governing height, setback, lot coverage, landscaping and architectural review.

The state law does not prevent homeowners from renting out the second unit to short-term guests or require them to live in one of the units. But local jurisdictions can require one of the structures to be owner-occupied and regulate rentals of less than 30 days, as San Francisco does.

When a homeowner submits a second-unit application that meets state and local requirements, the local jurisdiction must approve it within 120 days, without the need to notify neighbors.

Some cities are rushing to conform their ordinances by Jan. 1 or soon thereafter. But there are a lot of unanswered questions. “It’s a confusing set of regulations, that, in the opinion of this planner, has a lot of gray zones,” said Neal Toft, Larkspur’s planning and building director.

The California Department of Housing and Community Development plans to issue guidance on the law in a week or two. “We are in a housing crisis,” said Paul McDougall, the department’s housing policy manager. “Local governments should embrace this as a way to create” accessory dwelling units.

For most homeowners, the bill will remove a big impediment to second-unit creation: the need to create off-street parking.

For units created within an existing space, cities and counties cannot require any additional parking.

For units outside that space, cities can require one additional parking space per bedroom created.  However, this requirement is waived if the home is within one-half mile of public transit, within a block of a car-share vehicle, in an architecturally and historically significant district, or if on-street parking permits are required but not offered to the second-unit occupant.

If new parking is required, it generally can be provided as tandem parking on an existing driveway or in setback areas (the space between your home and property line that is supposed to be empty), unless this would not be feasible based on topography or safety considerations.

The law also will let homeowners create a second unit within existing space, such as a garage, that sits within a setback area.

The other big bonus is the reduction or elimination of certain fees. Today, some water and sewer districts levy the same hookup fees on tiny second units that they charge on a full-fledged home. These fees can reach into the tens of thousands of dollars.

In the future, on second units built within existing space, utilities cannot require the homeowner to install a new or separate utility connection, nor can they impose a connection fee or capacity charge.

For units outside existing space, they can require a new or separate connection, and can charge a connection fee or capacity charge, but it must be “proportionate to the burden” of the second unit based on its size or number of plumbing fixtures.

San Jose has updated its zoning code to adopt the mandatory provisions of the new state law. “We had already started in the direction of making it easier to build secondary dwellings,” said Jenny Nusbaum, San Jose’s supervising planner. “We wanted to update our code before the the state law kicked in so we could, as much as possible, maintain local control.”  Among other things, San Jose reduced the minimum lot size needed to build a second unit from 6,000 square feet for attached and 8,000 square feet for detached to 5,445 feet for either type.”

Catherine

 

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I love fake awards…

catherine-krueger-6f

I know clients love me but honestly I have NEVER sold a house in San Francisco… I refer clients to a San Francisco realtor who specializes in the San Francisco Real Estate market.  I myself welcome any referrals for transactions in the East Bay (from Oakland to Pinole). I have decided to concentrate on one area and really know the market there as opposed to the model “have a car will travel to San Francisco and use my GPS to find my way”.  Let’s hope I win a plaque for MY area and then I can be really proud of it! :-).

Best regards,

Catherine

 

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Newsletter October 2016

catherine-oct-16

catherine-oct-16

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market Snapshot

market-snapshot-sept-2016-page-001

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1729 Arlington Blvd., El Cerrito CA

For all the buyers out there who have been looking for the perfect home your search is over!  This 3 bedroom-2 bath home offers unobstructed views from south of the Bay Bridge all the way to Vallejo/Benicia.  Enjoy watching the sun set over Mt Tamalpais from inside the living room, dining room, kitchen or bedroom or prefer the large patio outside. Among the pluses of this home  you will find fully owned solar panels, tankless water heater, radiant heat, bamboo floors, all dual pane windows with $10,000 remote control operated shades.  This house is in move-in condition, ready for its new owner.And to top it all it is located next to a vast open space.  Lot is short of 11,000 sqft.

Contact me for a private showing.  This home is NOT on the MLS.  By appointment only.

Listed for $1,030,000.

Pictures are from 2015 MLS listing from EBRDI:

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