O1765
CA:f\atty\muni\laws\barry\ellis.rev
City Council Meeting 8-9-94
Santa Monica, California
ORDINANCE NUMBER 1765(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING
THE TENANT RELOCATION ASSISTANCE ORDINANCE TO MAKE
ITS PROVISIONS INAPPLICABLE WHEN A TENANCY IS TERMINATED
PURSUANT TO THE ELLIS ACT AND THE DISPLACED TENANT
DOES NOT QUALIFY AS A LOWER INCOME HOUSEHOLD
AND DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, the Ellis Act, Government Code section 7060 et seq.
contains provisions governing a local entity's authority to
impose relocation assistance requirements on an owner who
withdraws residential rental property from the market pursuant to
the Act; and
WHEREAS, the California Court of Appeal in Channinq v. city
of Berkelev, 11 Cal. App. 4th 88, 14 Cal. Rptr. 2d 32 (1993) has
interpret~d these provisions to prohibit a local entity from
requiring an owner to provide relocation assistance unless the
displaced tenant qualifies as a lower income household; and
WHEREAS, the City Council is obligated to amend the City'S
Tenant Relocation Assistance Ordinance, Santa Monica Municipal
Code section 4.36 et seq. to conform to the appellate court's
interpretation of the Ellis Act; and
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WHEREAS, the divergence between the requirements of the
City's Relocation Assistance Ordinance and the appellate court's
interpretation of the Ellis Act is causing substantial confusion
in the landlord-tenant community as to their respective legal
rights and obligations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. section 4.36.030 of Chapter 4.36, the Tenant
Relocation Assistance Ordinance is amended to read as follows:
(a) Except when subsection (b) of this
section is applicable, any notice to terminate a
tenancy which is served upon tenants for any of the
reasons set forth in section 4.36.020 shall be
accompanied by the following on the form provided by
the City:
(1) A written statement of the rights
and obligations of tenants and landlords under
this Chapter.
{2) A written statement informing the
tenants that the required relocation fee has been
placed in an escrow account or other account
approved by the City.
(3) A written statement that the
landlord has complied with section 4.36.050. If
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the landlord has complied with section 4.36.050 by
obtaining a City approval of a Displacement Plan,
a copy of the Displacement Plan shall accompany
the written statement.
(b) When a landlord seeks to
withdraw all rental housing units from the
rental market and terminate all tenancies
pursuant to Government Code section 7060 et
seq., any notice of termination served on a
tenant who the landlord has determined to be
ineligible for relocation assistance because
the tenant does not qualify as a lower income
household as defined by Health and Safety
Code Section 50079.5 shall be accompanied by
a City form informing the tenant of the
landlord's determination of ineligibility.
Upon receipt of this notice, any tenant who
disagrees with this determination shall
immediately provide his/her landlord with
documentation demonstrating eligibility if
the tenant has not already done so. The
landlord shall immediately review this
information and reassess his/her
determination of tenant ineligibility. If
the landlord determines that the tenant is
eligible, the landlord shall immediately
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comply with the requirements of subsectio~
(a) of this Section. A landlord's failure to
have provided the information required by
subsection (a) of this section at the time of
service of the notice of termination shall
not be considered a violation of this
Ordinance if the landlord's determination of
tenant ineligibility was made in good faith
and with due diligence.
(c) A landlord shall comply with the
provisions of this section within two (2) working
days after receiving a tenant's notice to
terminate tenancy as set forth in section
4.36.020(b) .
SECTION 2. section 4.36.120 of Chapter 4.36, the Tenant
Relocation Assistance Ordinance is amended to read as follows:
(a) Notwithstanding section 4.26.110,
the requirements set forth in this Chapter
shall not apply to any tenant whose tenancy
is terminated pursuant to a lawful notice to
terminate tenancy pursuant to section 1806(h)
of the City Charter served on or before June
10, 1986.
(b) section 4.36.100 shall not be
applicable if the displacement and relocation
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of the tenant is the result of a fire not
caused by the landlord, earthquake or other
natural disaster.
(c) Except as provided in Section
.
4.36.030(b), the requirements set forth in
this Chapter shall not apply to any t~nant
whose tenancy is terminated or caused to be
terminated on the ground that the landlord
seeks to withdraw all rental housing units
from the rental market as provided in
Government Code section 7060 et seq. unless
the tenant qualifies as a lower income
household pursuant to Health and Safety Code
Section 50079.5.
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto, inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public health, safety, or welfare as set forth in the Findings
and Purpose section of this Ordinance.
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SECTION 5. 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 validity of the
remaining portions of this 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 portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 6. 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
within 15 days after its adoption. This Ordinance shall be
effective upon its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 9th day of August, 1994.
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or
I hereby certify that the foregoing Ordinance No. 1765 (CCS) was duly and regularly
adopted at a meeting of The City Council on the 9th day of August, 1994; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Holbrook, Olsen, Rosenstein, Vazquez
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmenibers:
Greenberg
ATTEST:
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