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O1318 .. , ~~ e e CA:RMM:KMM:kmremov8 Clty Council Meeting 10-23-84 Santa Monica, California i ORDINANCE l."'UMBER 1318 (CCS) (City Council Serles) AN QRDI NANC E OF THE CI TY CQUNCI L OF THE CITY OF SANTA MONICA ADDING MUNICIPAL CODE SECTION 4812 CONCERNING EVICTIONS IN BUILDINGS CONVERTED TO CONDOMINIUMS AFTER APRIL 10, 1979. WHEREAS, ln the lnterest of the publlC health, safety, and welfare, the Rent Control Charter Amendment (City Charter Article XVIII) regulates evictlons from residential rental units; and WHEREAS, 1 t is the intent and purpose of the Rent Control Charter Amendment to protect the rental housing stock ana prevent evictions by regulating the removal of controlled rental units through conversion, demo11tion, or other weans: and VHEREAS, to protect the rental housing stock the Rent Control Charter Amendment requires a removal permit be issued prior to any such removal: and WHEREAS, it has been the understanding of the Clty of Santa Monica and the Santa Mon1ca Rent Control Board that a removal perrrlit is required in all cases of condominium conversion, in- cluding those cases where the landlord has secured and filed a f1nal subdivision map; and 1 e e WHEREAS, the California Supreme Court has affirmed the validity and necessity of the removal permit requirement in the case of Santa Monica Plnes v. Rent Control Board, Case Nos. L.A. 31615, 31616; and WHEREAS, several landlords and developers construed Santa Monica Pines to allow sale of in the City have indivldual con- domlniuID units wherever the owner has secured and filed a final subdivision map, irrespective of whether a removal permit has been obtained: and WHEREAS, Section 1806 of the Rent Control Law limi ts the grounds for evictlon but does not proh1b1t evictions for the pur- pose of owner and owner-relative occupancy; and WHEREAS, by Regulation, the Rent Control Board has permitted one eviction per property by persons owning not less than 50% of the entire property for the purpose of owner or owner-relative occupancy; and WHEREAS, developer and landlords have contended that exist- lng law allows the sale of converted apartment units without a removal permit, and thereafter allows the new owners thereof to evict tenants pursuant to Sect10n l806(h) of the City Charter and Sectlon 9002(b) of the Rent Control Board Regulations; and WHEREAS, this construction is contrary to the intent and purpose of the Rent Control Charter Amendment and is inimical to the publlC helath, safety, and welfare; and 2 e e WHEREAS, buyers of unlawfully removed condominlum units may be unaware that they will not be able to eVlct the present tenant ln order to take personal occupancy: and \VHEREAS, unlawful conversions and evictlons may occur which cause irreparable ham to renters and irreversibly deplete the supply of rental housing in the City of Santa Monica: and vffiEREAS, it is proper for the City Council to adopt curative regulatlons limiting evictions for owner-occupancy as originally intended by the voters and the Board, NCW, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF SANTA MONICA DOES ORDAIN AS FOLLC>>lS: SECTION 1. Section 4812 is hereby added to the Santa Monica Municipal Code to read as follows: Section 4812. Tenant Evictions for Owner Occu?ancy. In addition to any other protectlons provided in the Municlpal Code, the City Charter, or the laws of the State of Californla, no eviction for purposes of con- version or sale lnCldent to conversion or for personal occupancy by the landlord or owner or relative of the landlord or owner shall be allowed ln any condOffilnium or stock coopera- tive unit unless the unit had flrst been created or converted froM an apartment or other rental unit on or before April 10, 3 ~ e e 1979, or the Rent Control Board has issued a removal permit or declared a vested right for said unit. As used here1n, a unit shall be deemed created or converted on the date the unit is flrst sold as a condominium or stock cooperative unlt. As used herein, an evic- tion shall mean any act10n to recover posses- sion of a residential rental unit, 1ncluding service of notice of termination of tenancy. This section shall apply w1th respect to any unlawful detainer action for which judgment has not been entered pr ior to the effect1ve date of this Section. SECTION 2. Any provis1ons of the Santa lvIonica Municipal Code or appendices thereto inconsistent wi th the provisions of this ordinance, to the extent of such lnconsistencies and no fur- ther, is hereby repealed or mod~fied to that extent necessary to affect the provisions of this ordinance. SECTION 3. If any sectlon, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconst1tutional by a decision of any court of competent juris- d1ction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that 1 t would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not 4 ~ e e declared invalid or unconstitutional wi thout regard to wh ether any portion of the ordlnance would be subsequently declared invalid or unconstitutional. SECTION 4. The l>'layor shall sign and the City Clerk shall attest to the passage of thlS ordinance. The City Clerk shall cause the same to be publlshed once in the official newspaper withln 15 days after its adoption. This ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORl>1: t ~">~~-.~ \:' ROBERT M. MYERS Ci ty Attorney 5 ~ e e Adopted and approved thlS 23rd day of October 1984. ~- I hereby certify that the foregoing Ord lnance No.. 1318 (CCS) was duly and regularly lntroduced at a meetlng of the Clty Councll on the 9th day of October 1984; that the said Ordlnance was thereafter duly adopted at a meeting of the City Council on the 23rd day of October 1984 by the following Council vote: Ayes: Councllmembers: Conn, Epsteln, Press, Zane and Mayor Edwards Noes: Councilmembers: Jennlngs and Reed Abstain: Councllmembers: None Absent: Councl1members: None ATTEST: "- , a::. ~~ C it..:,t -Gl-erk