O1305
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CA:RMM:rmolym
City Councl1 Meeting 4-10-84
Santa Monica, California
ORDINANCE NUMBER 1305(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ESTABLISHING A FODR 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 resultlng in a low vacancy rate; and
WHEREAS, th1s 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 resident1al rental units and
limits the grounds for eVlction; and
WHEREAS, these grounds for eVlction can be divided into two
classes: (l) those involving tenant failure to comply with a term
or condltlon 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 metropolitan area during the months of July and
August of 1984, and it is anticipated that during these months
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and the weeks prior thereto there will be a tremendous influx of
visltors to the City of Santa Monica needlng housing
accommodations in connection with this event: and
WHEREAS, this influx of visitors can be expected to
exacerbate the present housing shortage resulting in a critically
low vacancy rate: and
WHEREAS, a number of businesses have already begun
advertising for rental unlts which would be available for the
Olympic visitors, and the rental income anticipated from such
rentals is in many cases four or five times the rental amoun t
currently belng charged for these unlts: and
WHEREAS, the Clty 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 evictlons: and
WHEREAS, the tenants faced with such large rent increases
or evictions would face the impossible task of finding affordable
replacement housing during the period 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
adoptlon of Ordinance Number 158544, has placed a moratorlum on
certain evictlons in anticipation of the Summer Olympic Games:
and
WHEREAS, on March 27, 1984, the Clty Council adopted
Ordlnance Number 1301 (CCS) to add Section 4811 to the Santa
Monica Municipal Code: and
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WHEREAS. the City Council desires to amend Municipal Code
Section 4811 so that it does not adversely impact the sal e of
resldentlal rental unlts intended for owner occupancy; and
WHEREAS. th1s ordinance 18 necessary to protect the public
health, safety, and welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ORDAINS AS FOLLOWS:
SECTION I. Effective on Apr11 26, 1984, Section 4811 of
the Santa Monica Municipal Code shall be amended to read as
follows:
Section 4811.
Game s .
1984 Summer Olympic
(a) This Sectlon shall apply to all
resldential rental units in the City of Santa
Monica, including those residential rental
units exempt from the provisions of Article
XVIII pursuant to City Charter Section
1801(c}.
(b) No landlord shall eV1ct a tenant of
a residential rental unit during the period
commencing on May 1. 1984, and ending on
August 31, 1984, unless the landlord
establishes one of the grounds for eviction
set forth in subd1v1sions (a) through {g} of
C1ty Charter Section 1806. As used 1n this
subdivis1on, evictlon shall mean any action
to recover possession of a residential rental
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unit, including service of notice of
terminat~on of tenancy, whenever served, to
be effective during the time per~od covered
by th~s subdivision. Nothing in this
subdivision shall prohibit a landlord, to the
extent otherwise permitted by law, from
serving a notlce of termination of tenancy
during the time per~od covered by this
subdiv~sion to take effect after August 31,
1984, or from evicting a tenant pursuant to
the terms of a wrltten lease, other than one
fo r a month-to-month tenancy, wh ich exp ire s
by its own terms during the time period
covered by this SUbdivision, or from ev~cting
a tenant where notice of termination of
tenancy is both served and is to be effective
pr~or to May 1, 1984.
(c) For any residential rental unit
not subJect to Art~cle XVIII of the City
Charter, no landlord may increase the rent or
other charges for the residential rental unit
during the per~od from May 1, 1984 to August
31, 1984, by an amount greater than seven
percent of the rent in effect on Apr il 30,
1984. Noth~ng ~n this subdivision shall
prohibit a landlord from serving a notice of
increased rent to take effect after August
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31, 1984, or from establlshing the rent for a
residential rental unit first rented after
May I, 1984; provided that, once rented, this
subdiv1sion shall apply.
(d) A tenant may raise any violation
of this Section as an affirmative defense to
any action filed by a landlord to recover
possession of a resldential rental unit
occupied by that tenant.
(e) For purposes of this Section, the
term "landlord" includes any sub les so rand
the term "tenant" includes any subtenant.
(f) Notwithstandlng subdivision (b),
nothing ln this Sectlon shall prohlbi t the
owner of a residential rental unit to eVlct a
tenant for the purpose of occupancy by the
owner of such residential rental unit if the
owner commences the eviction within 30 days
of acquiring title to the residential rental
unit.
SECTION 2.
ThlS ordlnance is declared to be an emergency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter and is necessary for preserving the
publlC peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
SECTION 3. Any provision of the Santa Monica Mun ic ipal
Code or appendices thereto incons1stent with the provislons of
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th~s ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 4.
If any section, subsection, sentence, clause,
or phrase of th~s 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 validity of the
remaining port~ons of the ordinance.
The City Counc~l hereby
declares that ~ t 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 portion of the ord~nance would be subsequently declared
inval~d or unconstitutional.
SECTION 5.
The Mayor shall s1gn and the City Clerk shall
attest to the passage of this ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
The ordinance shall become
effective on the date of its adoption pursuant to Section 619 of
the Santa Monica City Charter.
APPROVED AS TO FORM:
~.... 'cr
Robert M. Myers
City Attorney
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ADOPTED AND APPROVED THIS
10th
DAY
OF
April
, 1984.
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C
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MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1305 (CCS), WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE 10th DAY OF April
1984; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 10th DAY OF Aprl1
1984 BY THE FOllOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Epstein, Jennings, Press,
Reed, Zane and Mayor Edwards
COUNCILMEMBERS: None
NOES:
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: None
ATTEST: ~,
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( ~071
7J~uUu
_CJTY CLERK
PROOF OF PUILtA liON
(2015.5 C.C.P,>
STATE OF CALIFORNIA,
County of Los Angeles.
r am a citizen of the United States and a
resident of the County aforesaid; r am over
the age of eIghteen years, and not a party to
or Interested in the above-entitled matter I
am the principal clerk of the printer of the
.............................................................
EVENING OU'I'LOOK
..... -..................... to...............................................................
a newspaper of general circulation, printed
. DAILY EXCEPT Sw.rDAY
and published ..................................
SANTA MONICA
In the City of ..............."..................
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California. underthedateof.~.~~:.~? 19~~...
C N 314319.
ase umber ................, that the notice,
of which the annexed is a printed copy (set
in type not smaller than nonpareil>' has
been published In each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to.wit:
APRIL 18
.................................. .................... .... .............................
all in the year 19....~
I certify (or declare) under penalty of
perJury that the foregoing is true and
correct .
Dated at
SANTA MONICA
...............................................
Cart "nio/fh" 18 d f APRIl.9 SIt
I o~" 15.:..::.:::,,, ayo ........,--, .....
..~....H.....~u'~.,...
F.... cODi.. of t11lllHank form mav bD ....u,od f,om
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal AdvertisIMg Clearmg House
P 0 Bo)( 31
Los Angeles, CA 90053 Telephone 625-2541
Plea,e request GENERAL Proof af ~ulUicatlQn
wilen orclerlng thl! fOrm
I Thl, '..'" "to, thtl.,nty Clo"', Fmn. Stamp-:sci*'
Proof of Publication of
ORDINANCE NUMBER 1305 !CCSI
!Clty CounCil Senes',
AI'; ORDI"I/ANCE OF THE CITY COUNCIL OF
THE CITY OF SA:'>lT A MO!'<lICA EST ABLlSHII\iG
A FOl7R-MOI'.iTH :\10RATORIU\1 ON CERTAIN
EVICTIONS AND RENT INCREASES
WHEREAS. there has been and currentlv eXlsts
a shortage of decent. safe. samtary and affordable
housmg In the Clty of Santa MOllica resullmg In a
low vacancy rate and
WHEREAS. thiS shortage has had a substantial
detrimental effect O/l a substantJal /lumber of
tenants and 10 response to thlS situatIOn Ihe
people of the City of Santa MOnica adopted the
Santa MOllica Rent Control Charter Amendme/ll.
and ,
V;"HEREo\S, the Santa ~olllca Rent Control:
Charter .\mendment regulates rem mcreases on
most residential rental umts and limits the
grounds for eVlctlon and
WHEREAS these grounds for eVlcl10n can be
dIvided Into two classes '1 j those 1Ovolvlng ten-
ani failure to comply With a term or condltton of
Ihe tenancy such as failure to pay rent. and 12'
those which do not mvolve an, fault on the tenant.
such as eVlcUon for owner occupancy. and
WHEREAS the 1984 Summer OlympIC Games
WIll be held In the Los Angeles metropolitan area
durmg the months of July and August of 1984. and
It IS anllclpated Ihat durmg these months and the
week. pnor thereto there WIll be a tremendous
mf]ux of V\Sltors to the Cm' of Santa MOnica
needmg housmg accommodatIOns m connectlon
With thiS event and
WHEREAS thIS mflux of VISItors ~an be ex-
pected to exacerbate the present housmg shortage.
resultmg III a cTlllcally low vacancy rate and I
WHEREAS. a number of busmesses have
already begun advertlsmg for rental unlls WhlCh
would be available for the OlympIC VISitors and
the renlalmcome anticipated from such rentals 1S
10 manv cases four or hve Ilmes the rental
amount -currently be10g charged for these umts.
and
WHEREAS the Cltv Council of the ell, of'
Santa MOnica hnds that there IS a substanllal nsk i
thaI In the months prIOr to the Summer OlympIc;
Games tenants may be faced With suhstanllal rent I'
lDcreases or eVlellons. and
WHEREo\S. the tenants faced With such large:
rent mcreases or eVICtlons would face the Im-/
poSSible task of hndmg affordable replacement
housmg durmg the penod of the Summer Olympic;
Games, and ,
WHEREAS, the pressure on the hous1Og market
In the Clly of Santa MOllica may be great because
the elly of Los Angeles. by the adopllon of Or-
dmance Number 158544 has placed a moratorIUm
on certam eVictIOns 10 antiCipatIOn of the Summer
OlympIC Games. and
WHEREAS on ~arch 27, 1984. the elt, CounCil
adopted Ordmance I';umber 1301 (CCS', to add
Secllon 4811 to the Santa MOnica MunICIpal Code.
and
WHEREAS. lhe C!!,- Com'cJ! deslr"s tl) ameJld
~umcIP<l1 Code, Section 4811 so that It l!oes not
adversely Impact the sale of resldenhal rental
umts Intended for owner occupancy. and
WHEREAS, Ihls ordmance IS necessary to
protect the public health, safety and welfare,
'i"OW. THEREFORE. THE CITY COl1:'>lCIL OF
THE CITY OF SANTA MONICA ORDAINS AS I
FOLLOWS I
SECTION I Effecllve on Apnl 26. 1984. Secllon I
4611 ..,f the Santa MODIca Mumclpal Code shall be I
amended to read as follows
SectIOn 4811 1984 Summer OlympiC Games J
i a 1 ThiS Section shall apply to all reSidential
rental nmts In the Oty of Santa Momca mcludmg
those reSidential rental umts exempt from the
prOVISions of Article XVUI pursuant to Clty Char-
ter SeetlOn lSO}l C I
.bl No landlord shall eVict a tenant of a reslden.
tlal rental umt dur10g the penod commencmg on
May 1. 1984. and ending on August 31. 1984, unless
the landlord estabhshes one of the grounds for
!>VlctlOn set forth lD SUbdiVISions . al through i g I
of Oty Charter SectIOn lllOO As used m tillS
SUbdiVISion. eVICtion shall mean aD\' act.lOn to
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i
l-'LU ""...---- th-(O-Iuuu..... ..-~ -. od
t))an ene lor a ~o~ nnS dunng tne tlnle pen
x Ires bv Its OVin e . or from eVlctmg a
~o~ered tv InlS SUbdl~.~~~~matlon of tenancy IS
I tenalJt where notlc~ obe effective pnor 10 May 1.
both serve<:! and IS 0
. 1984 t I umt not subject 10
I \c \ For any resldentla,\ ren r~er no landlord IJlay'
I\.rltde XVlIJ of the CI~ C~~arges for the reslden-
5,1 Illcrease the rent or ot er enod from May 1 1984 I
nal rental untt dUrmg~~ea~ amount greater than,
I te August 31 19M. - I m e!fecl on Apnl :m'l
seven percent of tne re~IVlslon shaH prohll:11t a ;
i 1984 "< olhmg m t~lS su notIce o{ IncreaseO rent to
ORDINANCE NO 130 lalldlordfrotTlSenmga "I 1984. or frotTI estab-\
. -\ take eHect after A.ugusts~dentlal rental untt flrsl
. hshlng the rent fo.r : r:984. prOVided tnaL once ~
(C~ ty Counc~l Ser~'1 rented after ~~vlslon shaH apply l InIS\
. rented. thIS Sll . any VIolatIon 0
i' I d I A tenant may r:lS: defense to any action '1
' an aihnna IV cover posseSSIOn of a I
AN ORDINAN"C E OF THE CITY C{ eiter Its 'n the oftl cause t e Of t tenant
CI TY OF SANTA MONICA ADDIN(j S~etctJ\-'e o~dOt~tlO/J CTI~I newshpe same ~olsbO~dll1:lIe1ty
',oj JOn 6 "I" d "e ilJle e Ce
TO THE SANTA MONICA MUNICI PI l/Pl"ove,}9 Of Ihe ate Of Jordl1lqn('~ WIthIn PllblJSh_
TO VICIOUS DC! eJ?~l!:R1' l~S to for~l1ta Jt~;dOPlIOllShql1 b~c~al'''
i 1~ Att"l1Je" 1'ofl'l!:Rs Ca Cltl' !!prs/J,illlt Ilit e
j 1984 OPleq and a' uarrel' 0
. . PProvef/
.. I thJs J(Jt
THE CITY COUNCIL OF THE CITY 0/.. irereb. il da~.
1 '0 ]30 Y ('e Kev . Of A
! :1/ Q \'i 'Ces rtlfy tir ' EDw Pra.
'... lIleetJ J Wil :n the ...~S
.' djJ;'ll. 1984 ~~ Of the ~~/J,IJ' alld ~~l'egOl1Jg .'\-1aYor .
" the - adoPte at the .t Cou/J gJJlar/v 01'dJI1an
Sect~on 414/1 It I()thd data saJdora. CJlonth-llltl'Of/ Ce 3-
. "te ay Of flp l1:iee!in JIl<lllce e 10th d uced
/ .t 1 YES 1'1/ 1984 ff of the C Was th€r a,1t of
Munic~pal Code to read as follows 1 WgJngS j;,.OI71;eII..Vfi; Ytile[O/I~~ CO/J,n~~ftel'
! 4BS~~'Vrcogve1~. Z~BElis C 11Ig COl1rJc~f
V J/ ... t~~t'?T .\.lIV ggi:'V~~:::B;/;t,?d '~a_~~: fi;~Pstell1
.'NCII..,V ~lJfi;nS 0111" wilrds
No pe r so n r... e.">1lJeD~ 'Ii.OIlE'
'-ub "4) .\'
~flpl'J] ]8 . . olle
p~ t bull or any other do~ 4}\~\, !If
~ - SHOFt
~ CItt. Cj fi;
Sect~on pursuant to subdivl.s~on (b) -'S~ E'rk
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CA:RMM:rm04140
C~ty Council Meeting 4-24-84
FOLLOWS:
SECTION
1.
Sect~on 4140.
( a)
withl.n the l~mits of the City allow or perm~t
such dog, whether ll.censed or not, to be upon
the public streets, public sldewalks, public
parks, or any other public place within the
City, or upon any pr~vate property which 1S
not fully enclosed by fence or other barrier,
except When muzzled and held under leash by
an abled bodied person.
(b) Thl.s Sect~on shall apply to any
dog for wh~ch the An~mal Control Officer has
issued,
based upon the V1C10US or predatory
1
or
unconstitutional
the validity of the
shall not affect
such decisJ.on
by
------.
a - - dec ision
-ot.arry-- <";Uu.~ ~ -
Jur~sd~ction,
declares
of the ordl.nance.
port~ons
this ordlnance and each and
l't would have passed
that
The
city council hereby
remainlng
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every section, subsect~on, sentence, clause, or phrase not
declared 1nval~d or unconstitut1onal without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4.
The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
w~th~n 15 days after its adopt~on.
The ordinance shall become
effect~ve 30 days from ~ts adoption.
APPROVED AS TO FORM:
~-.
ROBERT M. MYERS
City Attorney
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ADOPTED AND APPROVED THIS
24th
DAY
OF A:prll
, 1984.
~~~
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1306
(CCS)~ WAS OULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNcrL ON THE 10th DAY OF Aprll
1984; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 24th DAY OF Aprll
1984 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Epsteln, Jennlngs, Press,
Reed, Zane and Mayor Edwards
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
{~ ,Y}Lkt/~
CI.TY -CLERK