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Agenda Item

7 22-0258 Subject: Informational Report On Economic Analyses Of Potential City Measures And Citizen Initiatives Proposing New Business License Tax Rates On The November 2, 2022 Ballot From: Council President Bas And Councilmember Fife Recommendation: Receive An Informational Report From The Finance Department On Economic Analyses Of The Following Potential City Measures And Citizen Initiatives For The November 2, 2022 Ballot: 1. "Invest In Our Oakland Small Business Tax Fairness Act" Initiative Titled "Proposed Ordinance Repealing And Replacing The Business Tax Ordinance, Imposing Progressive Increases In The Tax Rates For Businesses Based On The Amount Of Their Gross Receipts, And Eliminating The Five-Year Exemption From Taxes For Construction Or Major Renovation Of Property Leased For Commercial Or Industrial Use", 2. "Progressive And Equitable Oakland Business Gross Receipts Tax" Initiative Titled "Proposed Ordinance Repealing And Replacing The Business Tax Ordinance, Allocating The Revenue Increases For Restricted Purposes And Creating An Oakland Business Tax Commission", 3. Recommendations Of The Blue Ribbon Task Force Set Forth In The Report Titled 'City Of Oakland Blue Ribbon Equitable Business Tax Task Force Analyses And Recommendation Report', Dated Thursday, October 21, 2021', 4. The City Tax Measure Considered By The City Council In 2020 As Proposed By Council President Bas And Designated For The 2022 November Ballot, And 5. The City Tax Measure Proposed This Year By Council President Bas And Councilmember Fife

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    Tuan Anh over 2 years ago

    This Business Tax Proposal is heavily skewed and harms local residents. Small mom and pops who trade in their weekends doing blue collar work fixing up homes and deliver affordable housing shouldn't be lumped with mega-corporations earning $74 million dollars a year. Many housing providers haven't received rental income for 2 years during the pandemic and are struggling with mortgage and taxes. The city should take concrete steps with the tax proposal to support local residents delivery essential housing services.

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    Michelle Hailey over 2 years ago

    As a small African American Landlord struggling to make ends meet. We need to be included and not excluded.The new, current City Council Ballot Measure version would continue to charge small rental housing providers $13.95/$1000 gross receipts. That is 31 times the rate of grocers, 15.5 times the rate for manufacturing and retail businesses, and 11.6 times the rate for public utilities, auto businesses, cannabis businesses, media organizations, & administrative hubs with annual gross receipts under $1 million! The CC must use this opportunity to correct this obvious inequity and take a step toward solving the lack of affordable housing and resultant homelessness. NDH is calling on all CC representatives to align the tax rate paid by small rental housing providers, many of whom are faced with displacement because no rents have been paid during the pandemic, with that of other small struggling businesses.

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    Jeannie Llewellyn over 2 years ago

    I am a residential 4-Plex owner in district 1 in Oakland and the past two years have been very difficult covering expenses and making ends meet. I just filed Oakland’s business license tax and that amount really put me way negative at this point. Small rental properties five units or less for example need to be placed into, and considered as small businesses. If not under the same category as small businesses, then perhaps the tax category N for residential rental properties that are five units or less can be included.

    I am continuously astounded at how discriminatory the City Of Oakland is against small residential property owners, who provided the essential services of housing - declared a “Human Right” yet is expected to be provided for free, but taxed like a corporation. A serious racial and economic equity study needs to be done to see how much harm these blanket taxations impact the people of color, elderly, single parents, and/or LGBTQ. Young people complain that they cannot afford places to live, yet those of us who have lived here for years are also having a hard time when we are hit by continuous increases in utilities, taxes, and now interest rates.

    I am expecting the city Council to make wise decisions and balance the inequity that was started years ago with the “progressive tax program” that egregiously left out residential rental properties from small businesses.

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    Michael Gabriel over 2 years ago

    The City Council identified several goals for a modern business tax structure, including making the system progressive; larger businesses would pay higher rates than otherwise comparable smaller businesses. Small rental housing providers (5 units or less) are by definition “small businesses.” The proposed business tax structure does not meet the Council’s stated goals and is unfair to small rental housing providers.

    Most small rental housing providers’ annual rental income is well below $250K, yet we are taxed at the same rate as corporations making millions. The 2019 business tax “exemption” is woefully undersubscribed because it just doesn’t work. The simple solution is to allow housing providers with 5 units or less to be separated from commercial landlords and added to the “N. Miscellaneous” tax category. This would not only meet the Council’s goals of tax parity, it also would help sustain naturally occurring affordable housing.

    Many small rental housing providers are people of color, on fixed income, disabled, have minimal emergency funds, and the rental building is their only asset. Covid related income losses, moratoria, and ever-increasing external factors (i.e., Waste Mgt, PGE, insurance, property taxes, supplies and maintenance) have caused additional strain on rents. Changing the tax category for small rental housing providers is an opportunity for the City Council to show leadership in the effort to create affordable housing by stabilizing business taxes.

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    Carol King over 2 years ago

    I am STRONGLY in favor of equitable and progressive taxation and of enacting a more equitable business tax structure for Oakland. But what could possibly be the justification for leaving rental housing providers out of the progressive tax structure? The proposed “progressive” tax structure allows for absolutely no progression of tax rates for rental housing providers, leaving small “mom and pop” landlords with gross annual receipts under $50,000 paying the same rate as huge developers owning 500 apartment buildings! The solution is to include landlords with 5 units or less in the “miscellaneous” category under the proposed law, so that they are fairly taxed according to their gross receipts. Making this change is the only way the Council can meet its stated goal to bring parity and fairness to taxation rates for ALL small businesses. Anything less gives the lie to the Council's stated intent.

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    Hongdi Li over 2 years ago

    I am a owner of fourplex in east Oakland near the coliseum. I am providing affordable housing for the community and getting along in harmony with tenants. However, the rising inflation in maintenance cost and tenant hardship in making rent payment in the past two year, have caused me to make near ZERO net income from the property. The financial burden on small property owner alike are common in the area. Additional tax on us will scare small housing provider away and eventually put everyone in a losing position. Please FIX is egregious INEQUITY and treat these small businesses the same as other small businesses.

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    Allan Brill over 2 years ago

    The city-wide Neighbors Defending our Homes Coalition (NDH) generally supports a truly equitable Business Tax. However, this proposal heavily discriminates against Mom & Pop rental providers, demanding a tax rate 35 times as much as grocers, for example. Small rental housing providers (5 units or less) must be separated from commercial landlords & added to the “N. Miscellaneous” tax category.

    Hundreds of small, local rental providers are facing loss of their property, especially during this drastic Covid economic crisis. Yet under the proposal, rent from a duplex, triplex or the basement in your home, even from a family member, will continue to be taxed at the highest rate in Oakland. Other cities exempt such rental providers from local business taxes as responsible public officials understand such rental housing is more affordable & can slow displacement & homelessness, at no cost to taxpayers. Yet this measure continues the sad history of discouraging & punishing providers of lower cost, naturally occurring housing unlike any other Bay Area city. The 2019 Bus.Tax Exemption is a sad hoax--only 60 people applying in 3 years?!?

    The City Council & Mayor repeat concerns about the increasing, rampant displacement of long-time Oakland families, the crisis in affordable rental units, needs for ADUs, and homelessness. Why have Oakland officials totally dropped their equity lens in the matter of taxing small rental providers!?!

    The Neighbors Defending our Homes Coalition

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    Dennis Juarez over 2 years ago

    I am the owner of my owner-occupied duplex and to have us lumped in with multi-million dollar corporations is completely unjust! Why aren't we with other Oakland Small Business? For me, this isn't a " Small Business Tax Fairness Act" it is the exact opposite. Haven't any of you ever owned a rental property before?