O1318
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Clty Council Meeting 10-23-84
Santa Monica, California
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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
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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
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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,
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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
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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:
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ROBERT M. MYERS
Ci ty Attorney
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Adopted and approved thlS 23rd day of October 1984.
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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: "-
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C it..:,t -Gl-erk