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O1301 .. . - CA:RMM:rrn4811 City Council Meeting 3-27-84 Santa Monica, California ORDINANCE NUMBER 1301 (ees) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A FOUR MONTH MORATORIUM ON CERTAIN EVICTIONS AND RENT INCREASES WHEREAS, there has been and currently exists a shortage of decent, safe, sanitary and affordable housing in the City of Santa Monica resulting in a low vacancy rate: and WHEREAS, this shortage has had a substantial detrimental effect on a substantial number of tenants and in respOnse to this situation, the people of the City of Santa Monica adopted the Santa Monica Rent Control Charter Amendment: and WHEREAS, the Santa Monica Rent Control Charter Amendment regulates rent increases on most residential rental units and lim~ts the grounds for eviction; and WHEREAS, these grounds for ev~ction can be divided into two classes: (1) those involving tenant failure to comply with a term or condition of the tenancy, such as failure to pay rent, and (2) those which do not involve any fault on the tenant, such as eviction for owner occupancy; and WHEREAS, the 1984 Summer Olympic GaMes will be held in the Los Angeles metropol~tan area during the months of July and August of 1984, and it is anticipated that during these months 1 e e and the weeks prior thereto there will be a tremendous influx of visitors to the C1ty of Santa Monica needing housing accommodations in connect1on with this event; and WHEREAS, this influx of visitors can be expected to exacerbate the present hous1ng shortage resulting in a critically low vacancy rate; and WHEREAS, a number of businesses have already begun advertising for rental units which would be available for the Olymp1c viS1tors, and the rental income anticipated from such rentals 1S in many cases four or five times the rental amount currently being charged for these units; and WHEREAS, the C1ty Council of the City of Santa Monica finds that there is a substantial risk that in the months prior to the Summer Olympic Games tenants may be faced with substantial rent increases or evictions; and WHEREAS, the tenants faced with such large rent increases or evictions would face the impossible task of finding affordable replacement hou sing dur ing the per iod of the Summer Olypmic Games; and WHEREAS, the pressure on the housing market in the City of Santa Monica may be great because the City of Los Angeles, by the adoption of Ordinance Number 158544, has placed a moratorium on certain evictions in anticipation of the Summer Olympic Games; and WHEREAS, this ordinance is necessary to protect the public health, safety, and welfare, 2 e e NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS FOLLOWS: SECTION 1. Section 4811 is added to the Santa Monica Municipal Code to read as follows: Section 4811. 1984 Summer Olympic Games. (a) Th1S Section shall apply to all residential rental units in the City of Santa Monica, l.ncluding those residential rental units exempt from the provisions of Article XVIII pursuant to City Charter Section 1801 (c). (b) No landlord shall evict a tenant of a residential rental unit during the period commencing on May 1, 1984, and ending on August 31, 1984, unless the landlord establi shes one of the grounds for eviction set forth in subdivisions (a) through (g) of City Charter Section 1806. As used in this subdiv1.s1.on, eviction shall mean any action to recover possession of a residential rental unit, 1ncluding service of notice of termination of tenancy, whenever served, to be effective during the time period covered by this subd1vision. Nothing in this subdivision shall prohibit a landlord, to the extent otherwise permitted by law, from 3 . - serving a notice of termination of tenancy dur~ng the time period covered by this sUbdivision to take effect after August 31, 1984, or from evicting a tenant pursuant to the terms of a written lease, other than one for a month-to-month tenancy, which expi res by its own terms during the time period covered by th~s subdivision, or from evicting a tenant where notice of termination of tenancy is both served and is to be effective prior to May 1, 1984. (c) For any residential rental unit not sub) ect to Article XVI II of the City Charter, no landlord may increase the rent or other charges for the res~dential rental unit during the period from May 1, 1984 to August 31, 1984, by an amount greater than seven percent of the rent in effect on April 30, 1984. Noth~ng in this subdivision shall prohibit a landlord from serving a notice of increased rent to take effect after August 31, 1984, or froM establishing the rent for a residential rental unit firs t rented after May 1, 1984i provided that, once rented, this SUbdivision shall apply. (d) A tenant may raise any violation of this Section as an affirMat~ve defense to 4 . . any action filed by a landlord to recover possession of a residential rental unit occupied by that tenant. (e) For purposes of this Section, the tem "landlord" includes any sublessor and the term "tenant" includes any subtenant. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto incons istent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modif1ed to that extent necessary to affect the provisions of this ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent juriSdiction, such decision shall not affect the validlty of the remainlng portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portlon of the ordinance would be subsequently declared invalid or unconstltutional. 5 . - SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of thlS ordinance. The City Clerk shall cause the same to be published once in the official newspaper Wlthin 15 days after its adoption. The ordinance shall become effective after 30 days from its adoption. TO FORM: Robert M. Myers City Attorney 6 e e ADOPTED AND APPROVED THIS 27th DAY OF ),tarch , 1984. MAYOR I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, (CCS)~ WAS DULY AND REGULARLY INTRODUCED AT A NO. 1301 MEETING OF THE CITY COUNcrL ON THE 13th DAY OF Harch 1984; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 27th DAY OF March 1984 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, EpsteIn, Jennings, Press, Reed, Zane and Mayor Edwards NOES: COUNCIlMEMBERS: ~one ABSENT: COUNC I LMEMB ERS: None ABSTAIN: COUNCILMEMBERS: None A TTES-T: U,._-rt J?Zxi/-L/J,"Cz CITY CLERK