How would TOPA harm tenants?

  • TOPA would allow a 50% rent increase on tenants in just 5 years. A tenant paying $1,000 rent/month today would pay approximately $1,539 rent/month five years later. (Click here for details)

  • TOPA would cause tenants to lose eviction protections. The TOPA legislation would allow special interests and developers to exempt themselves from local rent control laws. For example, the Berkeley TOPA proposal exempts TOPA developers from Chapter 13.76, the Rent Stabilization and Eviction for Good Cause Ordinance, which protect tenants. The same TOPA proposal template is being introduced in various cities with very minor changes to the exact ordinance language.

 

How would TOPA take money away from tenants?

TOPA would divert public money meant to assist tenants toward special interests, lawyers and TOPA developers.

    • Affordable Housing funds should NOT go to high-salaried TOPA developers cloaked as “non-profits”, “Qualified Organizations”,nor even “tenant organizations”. They seek to drastically raise rent on tenants and remove tenant protections.

    We should also prioritize homeless residents who desperately need shelters and support services. Why give millions to the TOPA bureaucracy when homeless residents don’t even have a roof over their heads?

 

If my landlord decides to sell the property, do I get evicted?

No. Tenants have eviction protections and can not be evicted without ‘Good or Just Cause’. When a property is sold, the new owner becomes the landlord and tenants remain with the same lease. The proposed TOPA legislation would cause tenants to lose tenant protections.

  • In the rare case an owner needs to move back home, the law requires tenants be compensated with mandatory relocation fees. If a tenant is a senior and is a long term resident or has certain disabilities, the owner can not move back in.

What is the best way to help tenants purchase a home?

    • Tenants do not need TOPA to purchase a home. Tenants already have the right to put an offer on any property now.

    • What tenants need help with MOST to purchase is Financial Assistance. Tenants seeking to purchase should ask for Downpayment Assistance. Downpayment Assistance gives money DIRECTLY to tenants instead of the TOPA bureaucracy. It also allows the most flexibility for tenants to put an offer on ANY property for sale. TOPA comes with strings attached. Tenants would NOT truly own under TOPA’s forced deed restrictions.

Are there effective housing programs that help tenants purchase?

The First Time Home Buyer programs allow tenants the freedom to choose from different homes listed for sale on the open market. These programs promote true homeownership without TOPA or its Forced Deed Restrictions.


 

Are there effective housing programs to help low-income residents who are not ready to purchase?

Rental Assistance has been extremely effective during the pandemic.

  • Direct financial assistance to low-income tenants help those who are behind on rent due to unexpected situations. Rapid re-housing of recently homeless residents through Emergency Rental Assistance enables many to maintain their jobs and quickly get back up on their feet. For $1 million dollars, the Keep Oakland Housed (KOH) program helped house about 2,000 individuals, including seniors. Chronically homeless residents need to be prioritized with shelter and supportive care to address the root causes of homelessness.

 

What does the TOPA process look like?

    • TOPA is purposefully convoluted legislation. The simplest way is best: give money directly to tenants.

    • The complicated TOPA law is a bait and switch scheme that falsely promises homeownership to tenants and diverts affordable housing money to special interests and developers.

    • TOPA would allow developers to target local homeowners, acquire rent-controlled buildings below market price, and then DRASTICALLY RAISE RENT on tenants and remove tenant protections.

Are tenants likely to purchase homes if TOPA is passed?

No.

  • No. TOPA would not secure homes for tenants. TOPA developers plan to acquire properties for themselves using public funding and get paid while tenants would lose rent control and eviction protections under TOPA.

    Tenants would be trading one landlord for another landlord but with less tenant protections in place. The expensive administrative cost for TOPA’s bureaucracy would strip money from effective affordable housing programs that can efficiently assist more tenants with the same amount of money.

How would TOPA cause tenants to lose privacy and compromise safety?

  • TOPA would require that all tenant’s name, apartment number, monthly rent and any past due amounts be posted publicly for all other tenants in the building and TOPA developers to view (via the rent roll). The TOPA law does not have adequate private data safeguards to secure and protect highly personal and sensitive financial information. The loss of private information could result in financial fraud and identity theft.

Why are forced Deed Restrictions under TOPA bad for tenant buyers? 

The TOPA proposal and its Deed Restrictions force tenant buyers and our less fortunate residents into cycles of poverty.

  • The TOPA Restrictions would limit ownership rights and eliminate the ability for working class residents to lift our families out of poverty through hard work by building sweat equity. Blue collar workers and minorities rely on fixing up homes to provide for our families.

    • Laborers and immigrants build equity to send their children to college.

    • Seniors build equity for retirement and medical expenses.

    • Minorities build equity to create opportunities for their disadvantaged children.

 

Why does TOPA’s “Permanent Affordability” requirement force tenants to be part of the Permanent Underclass?

“Permanent affordability” is a euphemism for Deed Restrictions that limit ownership rights so tenant buyers will not really own under TOPA. TOPA Deed Restrictions would remove the equity benefits of homeownership but would keep in place the financial responsibilities of mortgage payments and fix up costs. TOPA would segregate tenant buyers into a separate, financially oppressed class of citizens with limited homeownership rights. Tenants should have an equal seat at the table and a pathway out of poverty like everyone else.

Under TOPA, a tenant buyer would have to agree that his or her ownership percentage or future home value be restricted, meaning ownership will not grow in value similar to any non-TOPA home. Tenant buyers need equal access to TRUE homeownership. TOPA’s “permanent affordability” means Forced Deed Restrictions that would create a permanent underclass.

 TOPA makes a False Promise of homeownership to tenants!

NO to TOPA restrictions, YES to TRUE tenant opportunities!

Ask the council to Fund effective Affordable Housing programs, not TOPA.