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SR-8-B (13) c . e \ \C) ~ (\ TV J---. .v .", ----/' e CA:RMM:r C~ty Counc~l Meet~ng 3-13-84 g-B MAR 1 3 \984 Santa MonLca, Californ1a STAFF REPORT TO: Mayor and C1ty Council FROM: c~ty Attorney SUBJECT. Olymp~cs Perlod Tenant Protect10ns SUMMARY On December 13, 1983, the Counc11 d~rected that the City Attorney prepare an ord~nance regulat~ng ev~ct~ons for res~dential rental un~ts during the Summer Olympics. The accompany~ng ord1nance 18 patterned after a slffillar one adopted by the Los Angeles Clty Council and would be effective for the per~od May I, 1984 to August 31, 1984. It would prohlb~t most evictions (other than for good cause) and llmlt rent increases to seven percent dur1ng this period. RECOMMENDATION It ~s respectfully recommended that the accompany~ng ordinance be lntroduced for flrst readlng. PREPARED BY: Robert M. Myers, City Attorney <i?-l) MAR 1 3 1984 e e CA:RMM:rmolym C~ty Counc~l Meet~ng 3-13-84 Santa Mon~ca, Cal~forn~a ORDINANCE NUMBER (City Counc~l Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A FOUR MONTH MORATORIUM ON CERTAIN EVICTIONS AND RENT INCREASES WHEREAS, there has been and currently eXlsts a shortage of decent, safe, san~tary and affordable houslng ln the C~ty of Santa Monica result~ng ~n a low vacancy rate; and WHEREAS, thlS shortage has had a substantial detr~mental effect on a substantial number of tenants and 1n response to th~s s~tuat~on, the people of the C~ty of Santa Monica adopted the Santa Monlca Rent Control Charter Amendment; and WHEREAS, the Santa Mon~ca Rent Control Charter Amendment regulates rent lncreases on most residentlal rental unlts and l~m~ts the grounds for ev~ct~oni and WHEREAS, these grounds for ev~ct~on can be div~ded lnto two classes: (1) those lnvolvlng tenant failure to comply w~th a term or cond~t~on of the tenancy, such as fa~lure to pay rent, and (2) those wh~ch do not involve any fault on the tenant, such as ev~ctlon for owner occupancy~ and WHEREAS, the 1984 Summer Olymp~c Games wlll be held in the Los Angeles metropol~tan area dur~ng the months of July and August of 1984, and ~t ~s anticlpated that during these months 1 e e and the weeks prlor thereto there w1ll be a tremendous influx of V~sltors to the City of Santa Monlca need1ng hous1ng accommodat1ons ~n connection w~th th~s event; and WHEREAS, this influx of vis~tors can be expected to exacerbate the present hous~ng shortage resultlng ~n a crit~cally low vacancy rate; and WHEREAS, a number of buslnesses advert~sing for rental un~ts which would have already begun be ava~lable for the Olympic v~sitors, and the rental 1ncome antic~pated from such rentals 1S In many cases four or flve t~mes the rental amount currently being charged for these unlts; and WHEREAS, the Clty Council of the C~ty of Santa Monica flnds that there ~s a substantial r~sk that ln the months prior to the Summer Olymplc Games tenants may be faced with substant~al rent ~ncreases or ev~ct~ons; and WHEREAS, the tenants faced w~th such large rent increases or ev~ctlons would face the ~mposs~ble task of flndlng affordable replacement houslng durlng the perlod of the Summer Olypm~c Games; and WHEREAS, the pressure on the housing market ln the Clty of Santa Mon~ca may be great because the C~ty of Los Angeles, by the adoptlon of Ordlnance Number 158544, has placed a morator~um on certain eVlctlons ln anticipation of the Summer Olympic Games; and WHEREAS, this ord~nance is necessary to protect the publlC health, safety, and welfare, 2 e - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS FOLLOWS: SECTION 1. Sect~on 4811 ~s added to the Santa Mon~ca Municlpal Code to read as follows: Sectlon 4811. 1984 Summer Olympl~ Games. (a) Th~s Section shall apply to all resldentla1 rental units ~n the Clty of Santa Monica, including those residentlal rental unlts exempt from the provisions of Artlcle XVIII pursuant to C2ty Charter Section 180l(c). (b) No landlord shall eVlct a tenant of a resldentla1 rental unit durlng the period commenclng on May 1, 1984, and endlng on August 31, 1984, unless the landlord establlshes one of the grounds for evictlon set forth in subd~Vls~ons (a) through (g) of C2ty Charter Sect~on 1806. As used in thlS subdivision, eVlctlon shall mean any action to recover possesslon of a residentlal rental un~t, includ~ng serv~ce of not~ce of termlnation of tenancy, whenever served, to be effect~ve dur~ng the time per~od covered by this subdivlsion. Nothing ln thlS subdiv~sion shall proh~bit a landlord, to the extent otherwise permitted by law, from 3 e e serving a notice of term~nat1on of tenancy durlng the t~me per~od covered by th~s after August 31, subd~v~sion to take effect 1984, the or from evictlng a tenant pursuant to terms of a written lease, other than one for a month-to-month tenancy, Wh1Ch exp1res by 1ts own terms durlng the tlme period covered by this subdlv~sion, or from ev~ctlng a tenant where notlce of termination of tenancy 18 both served and is to be effective pr10r to May lr 1984. (c) For any res~dent~al rental unlt not subJect to ArtiCle XVIII of the City Charter, no landlord may lncrease the rent or other charges for the residentlal rental un1t during the period from May 1, 1984 to August 31, 1984, by an amount greater than seven percent of the rent in effect on Apr~l 30, 1984. Noth1ng ~n th~s subd~vislon shall proh1b1t a landlord from servlng a notlce of ~ncreased rent to take effect after August 31, 1984. Nothing ln this subdlvislon shall prohibit a landlord from establishing the rent for a res1dentlal rental un~t f1rst rented after May I, 1984; provlded that, once rented, thlS subdlv~sion shall apply. 4 e e (d) A tenant May raise any violation of th~s Section as an afflrMative defense to any actlon flIed by a landlord to recover possess~on of a residential rental un~t occup~ed by that tenant. SECTION 2. Any provislon of the Santa Monica Hun~clpal Code or appendlces thereto inconsistent w~th the prOVls~ons of this ordinance, to the extent of such lnconslstenc~es and no further, are hereby repealed or modifled to that extent necessary to affect the provlsions of this ordinance. SECTION 3. If any section, suhsectlon, sentence, clause, or phrase of t};is ordinance is for an'"' reason held to be invalid or unconstltutlonal bv a declsion of any court o~ any competent ]urlsdictlon, such dec~slon shall not affect the validity of the renaining portions of the ordinance. The City CauDell hereby declares that ~t would have passed thlS ordinance and each anrt every sectlon, subsectlon, sentence, clause or phrase not declared invalid or unconstl tut~onal without regard to whether any portlon of the ord~nance would be subsequently declared invalid or unconstltutional. 5 e e SECTION 4. The Mayor shall sign and the Clty Clerk shall attest to the pas saae of th~s ordinance. The c~ ty Cle rk shall cause the saMe to be publlshed once in the officlal newspaper wlthin 15 days after lts adoption. The ordlnance shall become effective after 30 days fro~ its adoption. APPR0VED AS TO FO~M: ~~~- - Robert M. Myers C~ty Attorney 6