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Small landlords and brokers warn Berkeley council against current TOPA draft
Summary
Property owners, real-estate brokers and landlord groups told the council the current TOPA draft is overbroad, risks harming small owners and needs an equity and fiscal study before advancing.
Several landlords, small property owners and industry groups opposed the version of TOPA before the council, saying it imposes substantial delays and administrative costs that would fall hardest on small owners.
"Don't do it," said a longtime broker who described a 60-year career in the Bay Area market and warned that government intervention in private sales will create problems. Other property owners questioned the lack of a fully written ordinance for public review and asked for an equity study to evaluate impacts on small landlords and immigrant communities. The East Bay Rental Housing Association urged a careful equity study and questioned TOPA's effectiveness based on some national examples.
Opponents repeatedly raised practical concerns: the proposed right-of-first-refusal timelines, potential effects on financing and 1031 exchanges, and how tenant organizing rules would apply to single-family homes with ADUs. Several speakers asked the council to focus on alternative tools such as targeted bridge loans, buyer-preparation programs, or refining the small-sites program to acquire at-risk properties rather than adopting TOPA as written.
