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O1116 ./7.. , RLK~S:~ CotW.l ,.. 01-23-79 Santa Monlca,4IIk~fornia ORDINANCE NO. 1116(CC5) (City Council Series) . AN ORbINANC~ ~F~THE CITY COUNCIL OF THE CITY OF SANTA NONICA ADDING CJli\P~R 6 TO ARTICLE IV ~OF THE SANTA ~ICA MUNICIPAL'CODE, RELATING TO RESIDENTIAL PROPERTY, AND ESTABLISHING A LIMIT ON, TRE NUHBE~, OF RENT RAISES PERHISSIBLE f'rtTHIN ONE {l} YEA~. WHEREAS, the Clty Councl1 of {:he City of Santa Monica, at its Meetings of September 12, 1978 and January 9, 1979, has heard from the public and has received staff reports conqerning the regulation of rental property; and WHEREAS, the City Colincll finds that some amount of speculation in r~sidential real property and some number of in~lationary rent raises are occurrin~.~i~hin_the City; and WHEREAS, the City Council finds that an exercise of the police power, wlthout extenSlve interference wlth the free housing marke~,- is necessary to curb abuses and protect the health, safety, and welfare of the public, partlcularly t~e eld~rly, those with f1xed incomes, and farnilles w~th children; and .- tvHEREAS, the City Council .finds that limiting landlords to one (1) rent raise per Year w~ll tend to dis- courage speculati~~ ~nd gouging and add stability to the rental housing market; , :--::....::.-- '. - 110. ..L _ _ -.--;: r ~~~ '0- RLIS.iiSS: . . CO.il &. 01-23-79 Santa Monica, ~lfornia NOW THEREFORE, THE CITY COUNCIL OF THE aITY OF SANTA MONICA ORDAINS AS FOLLOWS: SECTION 1. Chapter 6, entitled "Residentlal Rental Property II is hereby added to Artlcle IV of the Santa f.lonlca Munlcipal Code to read as follows:- SECTION 4601. "LEGISLATIVE FINDING AND PURPOSE. The City C~unc~L f~nds that the existence of spe- culative and infl~~ionary rent raises in resldentlal real property w1thln the City of Santa Monica presents a suffl- ciently serious threat to the health, safety and welfare of the C2ty to requlre leglslat10n to curb abuses In the rental housing market, to maintaln the existing supply of rental hOUSing stock and eliminate unnecessary evictlons, and to diScourage speculation ana exorb1tant rent increases. SECTION 4602. RECOGNITION OF STATE LAW AND FORTHCOMING MUNICIPAL ELECTION. The City Council recognlzes that the State of Cali- fornia has enacted Chapter 2 of T2t1e 5 of the Clvil Code and Chapter 3 of T1tle 10 of the Code of Civil Procedure, relating to the hiring of real property and actions for the possession thereof, and further recognlzeS that an ln2tlative to provide for a comprehensive system of rent control within the Clty of Santa Monica has been placed on the ballot for approval by the voters at the April 10, 1979 Mun2cipal Elec- tion. The C1ty Councll declares that this Chapter 15 intended to be construed in harmony with eXlsting State law -2- ";;.i- ---:- .- 'CA RL.SS.>' . - Counc Mtg. OI-23-79 ~ Santa Mon~ca.alifornia and independent of the proposed charter amendment lnltiatlve. SECTION 4603. LIMIT ON RENT RAISES. Durlngthe period from January 23, 1979 through December 31, 1980, the rent for any residential rental unit in the City of Santa Monlca shall not be increased unless at least one (I) year has expired S1nce the effective date of the last previous rent increase received by the unit. This limitation applies irrespectlve of changes in the owner- ship of property. For the purpose of this Chapter, a rent raise 1S deemed to have occurred on its effect1ve date. SECTION 4604. EXCEPTIONS. Notwithstanding the provisions of Sectlon 4603, a landlord may raise the rent on a res1dential rental unit upon its voluntary vacatlon by a tenant or upon eviction of a tenant for non-payment of rent or breach of lease or rental agreement. SECTION 2. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be 1nvalid or unconstitutional by a declslon of any court of competent jurisdict~on, such dec1sion shall not affect the validity of the remalnlng portions of the ordinance. The City CQuncil hereby declares that it would have passed th1s ordln- anpe and each and every section, subsectlon, s~ntence, clause '" or phrase not declared inval1d or unconstitutional WlthOut regard to whether a~y> portion of the ordinance would be subsequently decla~ed invalid or unconstitutional. ..-..; - .~~ -3- . ':$-";- ~ ,- . ill ...~:~~ ~~;.-.: "" - ...... ~ '-- =~-..r --r 'i" .. -.... .....&,.. - - !. -- ... RLWSS =- Co iI_g. 01-23-79 Santa MoniJlltcaliforn~a SECTION 3. The Mayor shall sign and the CitYi Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the off1cial newspaper withln fifteen (15) days after its adoption. The ord~nance shall become effective after thirty (30) days from its adoption. ADOPTED and APPROVED th~s 13th day of February , 1979. IL)~Ld - - ~Mayor ~ ATTEST": '"- _ ()-"~ ~ -~s? . r ~,. _ '..... ~.J;/~ /Ci~ Cler:R.... -::- ? ../ ~. .' J ~ ' ~...- --........ , - . . ,- APPROVED AS TO FORM) .. - ~. g-(\~~ ~(""-- Acting City Attorney " -"" ~~ -4- j; ,,~ e . . ADOPTED AND APPROVED THIS 13th DAY OF Febn)ary , 1979, lo~~LI MAYOR I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, No, 1116 , WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 23rd DAY OF January J 1979; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 13th DAY OF February BY THE FOllOWING COUNCIL VOTE: J 1979 AYES: COUNCILMEMBERS: BambTlck, Cohen, Reed, Swink NOES: COUNCILMEMBERS: Scott, van den Steenhoven ABSENT: COUNCILMEMBERS: Trlves A TTESI: / /' 0z:: -- i - ~> -_ , -~ -J67~ &,fv - C E R K - - - - - ..-