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CA: RMH: KMr-1:kJ'Ylremov8
Clty CaunCll Meeting 10-23-84
Santa Monica, Callfornia
STAFF REPORT
TO: Hayar and City Council
FROM: City Attorney
SUBJECT: Ordinance Addlng r1unlclpal Code Section 4812
Concerning Evictions
At lts roeeting on October 9, 1984, the City Councll intro-
duced for first reading an ordinance addlng Municipal Code
Seetlon 4812 which linits the evictlons for owner-occupancy in
buildlngs converted to conooroiniums after April 10, 1979. The
accoropanying ordinance is now presented to the City Council for
adoptl0n.
RECO,MlIENDATION
It is respectfully reCOIDIT'encJen that the accompanYlng or-
dinance be adopted.
PREPARED BY: Robert M. ~~ers, City Attorney
Karl Manheim, Deputy City Attorney
~A
OCT 2 3 191M
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~= ;ORE DISTRIBUTION CHECK CONTENT OF ALL ~~RK'S ACTION
DISTRIBUTION OF RESOLUTION # ~ 13/t
CouncIl Meeting Date Jt> --~.8-.FY Introduced: /6 - r
l? ~ ,t)-
Agenda Item #
f~-~
AI1IlAYS PUBLISH AOOPI'ED 'ORD~-
*Cross out Attorney I s approval
Was It amended?
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VOTE:
Af+"irmative:
Negative:
Abstain:
Absent:
DISTRIBUTION:
ORIGINAL to be signed, sealed and filed in Vault.
NEWSPAPER PUBLICATION-(Date:
) (
)
only ""
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.
Department originatIng staff report (
Management Servke? Lynne Ba1;.rette" .yrdinan.ces
, ~
Agency mentioned in document or staff report
(certi fied?)
Subject file (agenda packet) 1
Counter file 1
Others-
-~
AIrport Parking Auth.
AudItorum Personnel
Building Dept. Planning
Environ. Servo Police (en-
forcement?)
FInance
Purchasing .
Fire
Recr/Parks
General Servo
Transportation
LIbrary
Treasurer
'.
Manager
t:k.~
SEXD FQUP. COPIES OF ALL ORDINANCES' TO:
CODfD SYSTEMS, Attn Peter Macfearie
120 Main.~tr~et ~
AV0~1 ~ew Jersev_07717 _
'SEND FOUR 'COP lES OF All II ORTn\J'ANrp~ ,_TO:
PRESlDI!\G JUDGE
SANTA MONICA ~U~ICIPAL COURT
1725 MAIN STREET
SA:-nA \fONICA, CA 90401
frrt k_l ..L
" *Check COde Sections before sending.
1_)
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TOTAL COPIES
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CA:RMM:KMM:kr.removS
Clty Councll Meeting 10-23-84
Santa Monica, Ca1ifornla
ORDINANCE ~~MBER l3l8(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING MUNICIPAL CODE
SECTION 4812 CONCERNING EVICTIONS IN BUILDINGS
CONVERTED TO CONDOMINIUMS AFTER APRIL 10, 1979.
WHEREAS, in the interest of the public health, safety, and
welfare, the Rent Control Charter Amendment (City Charter Article
XVIII) regulates evictions from residential rental unitsi and
WHEREAS, 1 t 1S the 1ntent and purpose of the Rent Control
Charter Amendment to protect the rental housing stock an~ prevent
eVlctlons by regulating the removal of controlled rental units
through converSlon, demolition, or other roeansi ana
WHEREAS, to protect the rental housing stock the Rent
Control Charter Ar1endment requires a remova 1 pe rmi t be 1 s sued
prlor to any such removal; and
~nlEREAS, lt has been the understanding of the City of Santa
Monlca and the Santa Monica Rent Control Board that a removal
penH t 1S required in all cases of condominium conversion, in-
eluding those cases where the landlord has secured and filed a
flnal subdlV1Slon mapi and
1
WHEREAS, the California Supreme Court has affirmed the
valid~ty and necessity of the removal permit requirement in the
case of Santa Monica Pines v. Rent Control Board, Case Nos. L.A.
31615, 31616; and
HHI:REAS, several landlords and developers 1.n the City have
construed Santa l>1onica Pines to allow sale of ind~v1.dual con-
dom~n~um units wherever the owner has secured and filed a final
subdl.v~s~on :nap, l.rrespective of whether a removal permit has
been obta1ned; and
VlliEREAS, Sect10n 1806 of the Rent Control Law l:tmi ts the
grounds for eV1ct1on but does not prohibit 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 ent1re property for the purpose of owner or owner-relative
occupancy: and
~ffiEREAS, developer and landlords have contended that exist-
l.ng law allows the sale of converted apartment units without a
removal pe~lt, and thereafter allows the new owners thereof to
eVlct tenants pursuant to Section 1806(h) of the City Charter and
Seetlon 9002(b) of the Rent Control Board Regulatlons: and
\VHEREAS, this construction 1.S contrary to the intent and
purpose of the Rent Control Charter Amendment and is ~niml.cal to
the publ~c helath, safety, and welfare: and
2
WHEREAS, buyers of unlawfully removed condominlum units may
be unaware that they will not be able to evict the present tenant
1n order to take personal occupancy; and
WHEREAS, unlawful conversions and evictions may occur Wh1Ch
cause lrreparable hann to renters and irreversibly deplete the
supply of rental housing in the City of Santa Monica: and
vlliSREAS, 1t 1S proper for the City Council to adopt curative
regulatlons 11Mlt1ng evictions for owner-occupancy as originally
lntended by the voters and the Board,
NCJ;..;r, THEREFORE, THE CI TY COUNCI L OF THE CI TY OF SANTA MONICA
DOES ORDAIN AS FOLL~lS:
SECTION 1. Section 4812 is hereby added to the Santa Mon1ca
Mun1cipal Code to read as follows:
Section 4812.
Tenant EVlctions for
Owner Occupancy. In addition to any other
protectlons provided in the Municipal Code,
the Clty Charter, or the laws of the State of
Callforn1a, no eviction for purposes of con-
verSlon or sale incident to conversion or for
personal occupancy by the landlord or owner
or relat1ve of the landlord or owner shall be
allowed 1n any condominium or stock coopera-
t1ve LW1t unless the unit had first been
created or converted froJ'll an apartment or
other rental unlt on or before Apr1l 10,
3
1979, or the Rent Control Board has lssued a
reMoval perrnlt or declared a vested right for
s a 1d un 1 t .
As used hereln, a unit shall be
de errec. created or converted on the date the
unlt lS first sold as a condominium or stock
cooreratlve unit.
As used herein, an evic-
tion shall mean any action to recover posses-
SlOn of a residential rental unit, including
serVlce of notice of termination of tenancy.
ThlS section shall apply with respect to any
unlawful detainer action for which judgment
has not been entered prior to the effective
date of this Section.
SECTION 2. Any provislons of the Santa Monlca Municipal
Code or appendices thereto inconsistent Wl th the prOVl sions of
thlS ordlnance, to the extent of such lnconsistencies and no fur-
ther, is hereby repealed or modified to that extent necessary to
affect the provlsions of this ordinance.
SECTIOK 3. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or
unconstltutlonal by a decision of any court of competent juris-
dlctlon, such de ci s ion shall not a ffect the valid i ty of the
rernainlng 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
4
declared ~nval~d or unconstitutional without regard to whether
any portlon of the ordlnance would be subsequently declared
invalid or unconst~tutional.
SECTION 4.
The Hayor shall sign and the City Clerk shall
attest to the ~assage of this ordinance.
The Ci ty Clerk shall
cause the saMe to be published once in the official newspaper
wlthln 15 days after lts adoption.
This ordinance shall become
effective af~er 30 days from its adoption.
APPROVED AS TO FORM:
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ROBE R'I' t-1. MYERS
Cl ty At torney
5
Adopted and approved thIS 23rd day of October 1984.
I hereby certIfy that the foregoIng OrdInance No. 1318(CCS)
was duly and regularly Introduced at a meeting of the CIty
Coun C 11 on the 9 th day of October 1984; that the saId Ord Inance
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, EpsteIn, Press, Zane and
Mayor Edwards
Noes: Councilmembers: Jennings and Reed
Abstain: Councllmembers: None
Absent: Councllmembers: None
ATTEST:
~7;~
CIty Clerk
t
CA: illH1: KMl'-1:kmremov8
Clty Councll Meeting 10-23-84
Santa Monica, Califdrnia
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ORDINANCE tWMBER 1318(CCS~'
(City Councll Serles) ~
/
AN ORDINANCE OF THE CI TY C KCI L OF THE
CITY OF SN~TA MONICA ADDI~ ~IDNICIPAL CODE
SECTION 4812 CONCERNING EVI IONS IN BUILDINGS
CONVERTED T9. CQNDQl1UilTUr.1i3.:L:F-TiaLAPRI L J{:l" _1979,
ANp...~~.tARING THE PRE~N'CE OF ]\1t::"j~ilEFr~}1CX
...
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WHEREAS, in the lnte~st of the pU~llC health, safety, and
t
welfare, the Rent contr~ Charter Amend~ent (Clty Charter Article
X,~rI) regulates ev:;r~ns from residential rental units, and
\\'HEREAS, it jh the lntent and purpose of the Rent Control
Charter AmenOMe~~ to protect the rental houslng stock anr prevent
.I
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eVlctlons by "regula tlng the reITIoval of controlled rental un its
./
through co~vers1on, demolltion, or other ~eans~ ann
~H~EAS, to protect the rental housing stock the Rent
,
Cont~pl Charter Amendment requires a removal permit be lssued
(
prlor to any such removal: and
./
~~EREAS, lt has been the understandlng of the Clty of Santa
Mon1ca and the Santa Monlca Rent Control Board t~at a removal
peITrli t 1S required ln all cases of condorrinium converSlon, in-
cludlng those cases where the landlord has securec and flIed a
final subdlvlslon Map; and
1
WHEREAS, the Californ1a Supreme Court has afflr~ed the
validity and necessity of the removal permit requlrement 1.n the
case of Santa Monlca Pines v. Rent CODtrol Boardl Case Nos. L.A.
31615, 31616: and
l^lHEREAS, several landlords and developers
construed Santa Honica Pines to allow sale of
in the City have
i ndi v ldua 1 con-
dowiniul'P units wherever the owner has secured ane'! filed a final
subdlvlsion map, l.rrespective of whether a removal pe rml t has
been obtained: and
HHEREAS, Sectl.on 1806 of the Rent Control Law llPll. ts the
grounds for eviction but does not prohlblt evict10ns for the pur-
pose of owner and owner-relative occupancy: and
~mEREAS, by Regulation, the Rent Control Board has permltted
one eVlctlon per property by persons owning not less than 50% of
the entire property for the purpose of owner or owner-relative
occupancy; and
vlliEREAS1 developer and landlords have contended that exist-
lng law allows the sale of converted apartment units wlthout a
removal perITll t, and thereafter a] lows the new owners thereof to
eVlct tenants pursuant to Section 1806(h) of the City Charter and
Section 9002(b) of the Rent Control Board Regulations: and
\lHEREAS, thl.S construction 1S contrary to the lntent and
purpose of the Rent Control Charter Amendment and is lnlffil.cal to
the publlC helath, safety, and welfare: and
2
./
WHEREAS, buyers of unlawfully removed condOffi1nium units may
be unaware that they will not be anle to eV1ct the present tenant
1n oreer to take personal occupancYi and
~iliEREAS, unlawful converS1ons and eV1ctions may occur which
cause irreparable harm to renters and irreverslbly c.eplete the
supply of rental housing 1n the Cl ty of Santa HonH.-ai and
vlliEREAS, it is proper for the City Council to adopt curat1ve
regulations ll~iting evictions for owner-occupancy as orig1nally
1ntended by the voters and the Board,
NOv, THEREFORE, THE CITY COUNCIL OF THE CITY OF SNJTA MONICA
DOES ORDAIN AS FOLLGIS:
SECTION 1. Section 4812 1 S hereby added to the Santa ~fonica
Mun1clpal Code to read as follows:
Sectlon 4812.
Tenant EV1ctions for
Owner Occupancy. In aed1 tlon to any other
protections provld ed 10 the t-lun 1Clpa1 Code,
the City Charter, or the laws of the State of
Ca1iforn1a, no eVlction for purposes of con-
verS10n or sale inc1dent to conversion or for
personal occupancy by the land lord or owner
or relative of the landlord or owner shall be
a1l~~ed 1n any condo~iniu~ or stock coopera-
tive un1t unless the unit had first been
created or converted frOM an apartment or
other rental lln1t on or before April 10,
3
1979, or the Rent Control Board has ~ssued a
removal permlt or declared a vested right for
sald unit. As used herein, a unit shall be
deemed. created or converted on the date the
unit is flrst sold as a condom1nium or stock
coonerative unit.
As used hereln, an eVlC-
tion shall nean any action to recover posses-
Slon of a reslcent1al rental UD1t, lncludlng
serV1ce of notlce of term1nation of tenancy.
ThlS seetlon shall apply wlth respect to any
unlawful detainer action for which judgment
has not been entered pr ior to the effect1ve
date of this Sectlon.
SECTION 2. .n.ny prov1slons of the Santa Ivion lC a f.1un lC ipal
Code or appendices thereto inconslstent w1th the provisions of
this ordinance, to the extent of such incons1stencles and no fur-
ther, 1S hereby repealed or ~odlfled to that extent necessary to
affect the prov1s1ons of th1S ord1nance.
SECTION 3.
If any section, subsection, sentence, clause, or
phrase of thlS ordlnance 15 for any reason held to be lnvalid or
unconstltutlonal by a declsion of any court of coropetent jur1s-
d1ctJ.on, such deC1S1.0n shall not affect the valldlty of the
reP1a1D1ng portlons of the ordinance. The C1 ty Coun ell hereby
declares that it would have passed thlS orfhnance and each and
every sectlOD, subsection, sentence, clause or phrase not
4
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declared invalld or unconsti tutlonal wi thout regard to wh ether
any portlon of the ordlnance would be -subsequently declared
invalid or 'lnconsti tutional.
SECTION 4.
The Hayor shall sign and the Ci ty Clerk shall
attest to the passage of this ordinance.
The City Clerk shall
cause the same to be published once in the offlclal newspaper
wlthin 15 days after lts adoption.
This orolnance shall become
effective after 30 days froM its adoptlon.
APPROVED AS TO FOill1:
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ROBERT ~'1. !'rYERS
Ci ty Attorney
5
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Adopted and approved this 23rd day of October 1984.
I hereby certl fy that the foregoIng Ordinance No. 1318 (CCS)
was duly and regularly lntroduced at a meeting of the Clty
CouncIl on the 9th day of October 1984 j that the sald Ordlnance
was thereafter duly adopted at a meetIng of the Clty Councll on
the 23rd day of October 1984 by the followIng Councll vote:
Ayes: Councllmembers: Conn, Epstein, Press, Zane and
Mayor Edwards
Noes: Councllmembers: Jennlngs and Reed
AbstaIn: Councllmembers: None
Absent: Councllmembers: None
ATTEST:
tLn ~~
Clty Clerk
CITY OF SANTA MONICA
INTER-DEPARTMENT MEMO
DAT~: January 25, 1985
TO: Rent Control Board
FROM. C1 ty Clerk
SUBJECT Ordlnance No. 1318 (CCS)
Attached 15 a corrected copy of Ord1nance No. 1318(CCS}.
It merely reflects the corrected title of the Ordinance
om1ttlng the words "AND DECLARING THE PRESENCE OF AN
EMERGENCY." The substance of the ordlnance was not
changed.
AMS:Jj
Attachment