SR-072396-9B
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CA:atty\munl\strpts\bar\rc2amend - ..
Clty Councll Meetlng 7-23-96 Santa Monlca, Callfornla
JUL 2 3 1996
TO: Mayor and Clty Councll
FROM: Clty Attorney
SUBJECT: Proposed Tenant Harassment and Relocatlon
Asslstance Charter Amendments
Introductlon
At the July 9, 1996 Clty Councll meetlng, the Steerlng
COffimlttee of the Santa Monlcans for Renters Rlghts ("SMRR Steerlng
COffimlttee") requested that the Clty Counell place proposltlons on
the November ballot that would cause the Relocatlon Ordlnance and
the Harassment Ordlnance to become part of the Clty Charter. The
SMRR Steerlng COffimlttee also suggested certaln modlflcatlons to the
measures. The Clty Councll dlrected the Clty Attorney's Offlce to
prepare proposed charter amendments to place these two ordlnances
In the Clty Charter, taklng lnto account the modlflcatlons to these
ordlnances suggested by the SMRR Steerlng Commlttee. The proposed
amendments are attached to thls report.'
The EXlstlng Ordlnances
On June 24, 1986, the Clty Councll adopted the Tenant
Relocatlon Asslstance Ordlnance (the "Relocatlon Ordlnance"), Santa
1 These proposals are also Exhlblts 1 and 2 to the electlon
resolutlons belng consldered by the Clty Councll at lts July 23rd
meetlng.
1 98 -1
~lt"
JUl 2 3 1996
Monlca Munlclpal Code Sectlons 4.36.010 et seq. The Relocation
Ordlnance has been tWlce amended. It requlres that monetary
compensatlon and counsellng be provlded to an ellgible resldentlal
tenant who lS eVlcted from or who terminates a tenancy for
speclfled reasons, lncludlng eVlctlons pursuant to Government Code
Sectlon 7060 et seq. (the Ellis Act), City Charter Sectlon 1806(h)
(owner-occupancy) or Clty Charter Sectlon 1806 (l) (removal permlt) .
Relocatlon fee amounts were based on four cost components: the
rent dlfferentlal between the average Maxlmum Allowable Rent In the
City and the average market rent In the Santa Monlca/West Los
Angeles area, the securlty deposlt requlrements for a market rate
unlt, movlng expenses, and utlllty start-up costs.
On October 10, 1995, the Clty Councll adopted the Tenant
Harassment Ordlnance (the "Harassment Ordinance" ) , Santa MOnlCa
Munlclpal Code Sectlons 4.56.010 et seq. The Harassment Ordlnance
makes certaln conduct by a landlord illegal If performed wlth the
lntent to cause a tenant to vacate the tenant's rental houslng
unlt. Thls conduct lncludes, but lS not Ilmited to:
(a) Interruptlng or terminatlng houslng
serVlces requlred by contract or by State or
local houslng, health or safety laws.
(b) Fallure to perform repalrs and
malntenance requlred by contract or by State
or local housing, health or safety laws, or
fallure to exerClse due dlllgence In
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completlng repalrs and malntenance once
undertaken.
(c) Abuslng the tenant wlth words which
are offenslve and lnherently llkely to provoke
an lmmedlate vlolent reaction.
(d) Entlclng a tenant to vacate a unit
through fraudulent mlsrepresentation.
(e) Engaglng In an actlvlty prohlblted
by Munlclpal Code Section 4.28.030(a), (d) ,
(e) , and (f) (WhlCh prohlblts houslng
dlscrlmlnatlon based on age, parenthood,
marrlage, pregnancy, or occupancy of a mlnor
Chlld) or Sectlon 4.40.040 (WhlCh prohlblts
undertaklng certaln real estate practlces
based on sexual orlentatlon) .
The Harassment Ordinance also speclfles remedles available for ltS
vlolatlon.
Proposed Tenant Harassment Charter Amendment
ThlS proposed charter amendment would amend the deflnltions
SeC1:10n of 1:he Rent Control Law, Charter Section 1801, and add
Sectlon 1816 to the Clty Charter. The provlslons of Sectlon 1816
would be ldentlcal to the Harassment Ordlnance wlth the followlng
slgnlflcant modiflcatlons:
l. The lntent requlrement would be changed. The actlons or
conduct speclfled In the amendment would constltute unlawful
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harassment If undertaken wlth mallce, rather than wlth the lntent
to cause a tenant to vacate the tenant's rental housing unlt.
Sectlon 1801 (g) would define mallce as "an lntent to vex, annoy, or
inJure another person.'"
The SMRR Steerlng Commlttee suggested that mallce be defined
as set forth In Penal Code Sectlon 7 (4) . Under thls approach,
mallce would not only be deflned as an lntent to vex, annoy, or
inJure another person, but would also mean "an lntent to do a
wrongful act, establlshed either by proof or presumptlon of law."
We have not lncluded thls addltlonal definltlon of mallce In
the proposed amendment for two reasons. Flrst, It lS unclear what
lS neant by the provlslon "establlshed either by proof or
presumptlon of law." Case law lnterpretlng Penal Code Sectlon 7(4)
has not addressed thls speclflc provlslon. Indeed, CALJIC 1.22 of
the Callfornla Jury Instructions, which deflnes mallce, excludes
thls phrase. Second, deflnlng mallce as an lntent to do a wrongful
act would have the practlcal effect of maklng a landlord guilty of
tenant harassment Slmply If a landlord lntended to perform or
undertake the actlons or conduct speclfied In the proposed
amendment. We do not believe that thls llmlted lntent requirement
would be conslstent wlth the leglslatlve lntent of prohlbitlng
harassment of tenants. Harassment normally lmports a notlon of
lll-wlll. Deflnlng malice to slmply mean the lntent to comml t a
, In addltlon to addlng a deflnltlon of "mallce" to Sectlon
1801 of the Charter, the proposed amendment would also add a
deflnltlon of "fraud" to thls Section. Fraud would be deflned
exactly as It is presently deflned in the Harassment Ordlnance.
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wrongful act would slgnlflcantly alter this common understanding
of tenant harassment.
2. The llst of prohlblted actions or conduct established In
the ordlnance would be expanded in two ways. Flrst, the proposed
amendrnent would prohibit a landlord from committing an act or
falllng to perform an obllgatlon required by contract or law whlch
lnterferes wlth a tenant's rlght to qUlet use and enJoyment as that
rlght lS deflned by Callfornla law. Second, the llst of prohlblted
dlscrlmlnatory conduct would be expanded. The Harassment Ordlnance
prohiblts a landlord from engaglng in discriminatory actlvltles set
forth In Santa Monlca Munlclpal Code Sections 4.28.030(a), (d) ,
(e) , and (f) and 4.40.040. The proposed amenclrnent would expand
thls provlslon to address any law whlch prohlblts dlscrlmlnatlon
based on race, gender, sexual preference or orlentatlon, ethnlc
background, nationallty, rellglon, age, parenthood, marriage,
pregnancy, dlsablllty, AIDS, or occupancy by a minor chlld.
As to the tenant's rlght of qUlet enjoyment, the SMRR Steerlng
CO~~lttee proposed prohlbltlng any act or fallure to perform any
obllgatlon lmposed by law or contract wlth the lntent to lnterfere
wlth a tenant's rlght to quiet enJoyment. We belleve that the SMRR
proposal could lead to confuslon Slnce It would cause the amenclrnent
to contaln multiple provlslons which prohlblt the same conduct but
wlth dlfferent lntent requlrements. For lnstance, a landlord would
vlolate proposed Sectlon 1816 (a) (2) If the landlord falled to
perform requlred repalrs wlth mallce. Under the SMRR proposal, a
landlord would also vlolate the amenclrnent's provislons If the
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landlord falled to perform the requlred repalrs wlth the intent to
lnterfere wlth a tenant's rlght to qUlet enJoyment.'
3. The avallable remedles would be modlfled. Current law
provides that any person who vlolates or aids in the vlolation of
the ordlnance would be llable for actual damages suffered by the
aggr1eved tenant. The proposed charter amendment would modlfy th1S
prov1s1on to prov1de that the vlolator 1S llable for m1n1mum
statutory damages of f1ve hundred dollars unless the actual damages
are greater than th1S amount.
Add1 tlonally, the proposed charter amendment would change the
Harassment Ord1nance ln two less slgn1ficant respects. F1rst, the
Harassment Ordlnance proh1b1ts the 1nterrupt1on or term1nat1on of
hous1ng serV1ces and the fa1lure to perform repalrs and malntenance
requlred by contract or by State or local housing, health or safety
laws. The amendment would also extend the same prohlbltlons to
services, repalrs, and malntenance requlred by county houslng,
health, or safety laws.
Second, occupancles deflned by C1Vll Code Sectlon 1940(b) --
trans lent occupancy ln a hotel, motel, etc. subJect to occupancy
taxes, or occupancy ln hotel or motel WhlCh provides speclfied
serVlces -- are exempt from the provlslons of the Harassment
3 In its July 1, 1996 letter to the City Councll, the SMRR
Steerlng CO~~lttee lndlcated that this proposed amendment should
"prevent landlords from lnterfer1ng wlth a tenant's rlght to
qUlet use and enJoyment of a controlled rental unlt." The
language that thlS offlce recommends lS fully conslstent wlth
thlS request.
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Ordlnance. Slnce the proposed amendment only applles to controlled
rental units, whlch does not lnclude rental units in hotels,
motels, lnns, etc. whlch are rented prlmarlly for tranSlent guests
for a perlod of less than fourteen (14 ) days (see Charter Sectlon
1801(c) (1)), the express reference to Sectlon 1940 (b) appears
unnecessary and would be ellmlnated.
One change to the Harassment Ordinance suggested by the SMRR
Steerlng Corrunlttee lS not lncluded In the proposed charter
amendment. The present ordlnance prohlblts a landlord from faillng
to exerClse due dlllgence In completlng repairs and malntenance
once undertaken If done wlth the requislte lntent. The SMRR
Steerlng Corrunlttee proposed only prohiblting this conduct if the
repalrs and malntenance were requlred by contract or by State,
county, or local houslng, health or safety laws. However, the
eXlstlng approach lS more conslstent wlth the purpose of thls
leglslatlon Slnce It requlres a landlord to exerClse due dillgence
In completlng repalrs and malntenance lrrespectlve of the reason
the repalrs and malntenance were undertaken in the flrst instance.
The proposed amendment retalns thls provlslon.
Concern was expressed at the July 9th City Councll meetlng
about the constltutlonallty of a law whlch prohiblts landlord
harassment of tenants, but does not prohlblt tenant harassment of
landlords. However, the guarantee of Equal Protectlon does not
deprlve a leglslatlve body of ltS broad power to address percelved
soclal llls so long as the leglslatlve actlon lS ratlonal and does
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not establl.sh a subJect classl.ficatl.on. As the Unl.ted States
Supreme Court stated l.n Pennell v. San Jose, 485 U.S. 1 (1988) :
[W]e will not overturn [a statute that does
not burden a suspect class or a fundamental
l.nterest] unless the varYl.ng treatment of
different groups or persons is so unrelated to
the achl.evement of any combl.natl.on of
legitl.mate purposes that we can only conclude
that the legl.slature's actl.ons were
l.rratl.onal. rd. at 14, quotl.ng Vance v.
Bradley, 440 U.S. 93, 97 (1979) .
See also Schnuck v. Cl.ty of Santa Monl.ca, 935 F.2d 171, 175-76
--
( 1991) (" [b] ecause the Rent Control Law ratl.onally serves the
legltl.mate purpose of protectl.ng tenants and because landlords are
nct a suspect class, the Rent Control Law does not vl.olate equal
protectl.on); Norsco Enterprl.ses v. Cl.ty of Fremont, 54 Cal. App. 3d
488, 497, 126 Cal. Rptr. 659, 665 ( 1976) ("'there l.S no
constl.tutl.onal requl.rement that a regulatl.on, l.n other respects
permlsslb1e, must reach every class to whlch It mlght be app1led--
that the Legl.slature must be held rl.gl.d1y to the choice of
regu1atl.ng all or none' ") (cl.tatl.on oml.tted). Accordingly, we
bell.eve that the proposed charter amendment would wl.thstand a
constl.tutl.onal challenge.
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Proposed Tenant Relocatlon Asslstance Charter Amendment
ThlS proposed charter amendment would add Section 1817 to the
Clty Charter. It mlrrors the Relocatlon Ordlnance, wlth the
followlng modlflcatlons:
1. The proposed amendment would be admlnlstered exclusively
by the Rent Control Board. ThlS would be a slgnlflcant change
because the City presently adminlsters the relocatlon asslstance
program. The proposed charter amendment would ellmlnate all
references to the City or to Clty departments and replace them wlth
references to the Rent Control Board.
2. The Rent Control Board would have the authorlty to lssue
regulations ad]Ustlng the amount of the relocatlon fee, ad]Ustlng
the amount of the fee requlred for counsellng or other serVlces,
and establlshlng the type of serVlces to be provlded to tenants.
3. The Relocation Ordlnance requlres the payment of a fee to
the Clty ln the amount of $250.00 to be used for counsellng or
other asslstance requlred by the dlsplaced tenant. The proposed
amendment would modlfy thlS requlrement by provldlng that the fee
can be used for counsellng or other serVlces requlred by the
tenant.
Certaln modlflcations requested by the SMRR Steerlng Coronuttee
have not been made. More speclflcally, the SMRR Steerlng Coromlttee
requested that the proposed amendment provlde the Board wlth
expllclt power to refer cases to the Clty Attorney's Offlce for
prosecutlon and to create regulatlons. However, Charter Sectlon
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1803 (f) (13) already provldes the Rent Control Board wlth the power
to refer vlolatlons of the Rent Control Law to appropriate
authorltles for crlilllnal prosecutlons. Charter Sectlon 1803 (g)
already provldes that the Board shall lssue such rules and
regulatlons as wlII further the purposes of the Rent Control Law.
Includlng these powers In the proposed amendment would be
redundant.
The proposed amendment would apply to any tenant in possession
of a controlled rental unit on or after November 5, 1996, who lS
served wlth a notlce to termlnate tenancy based on one of the
grounds entltllng a tenant to relocation asslstance. A landlord
who has served a tenant wlth a notlce to termlnate tenancy or who
has been served wlth a notice to terminate tenancy by a tenant
prlor to November 5, 1996 would have untll November 11, 1996 to
comply Wl th the applicable provisions of the proposed amendment
unless the landlord had already compIled wlth the comparable
reqUlrements of the Tenant Relocatlon Assistance Ordlnance.
The proposed amendment would repeal most sections of the
Relocation Ordlnance but would not repeal those sectlons of the
ordlnance that address temporary relocatlon asslstance due to
necessary code enforcement. Since code enforcement is wlthln the
Clty'S purvlew not the Rent Control Board's, the provlslons of the
Relocatlon Ordlnance relatlng to the need for relocatlon asslstance
due to code enforcement would contlnue to be admlnlstered and
enforced by the Clty.
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The Relocatlon Ordlnance provides that a tenant lS ellglble
for relocatlon asslstance when a landlord seeks to recover
possesslon of a rental houslng unlt to demollsh or remove the unlt
after havlng obtained all necessary permlts. See Munlcipal Code
Sectlon 4.36.020(a) (3). The proposed amendment would ellminate
thls provlslon for several reasons. First, It is largely
dupllcatlve of proposed Charter Sectlon 1817 (b) (1) (li) whlch
authorlzes relocatlon asslstance, In part, when a landlord seeks to
recover possession of a rental houslng unlt after having obtalned
a re~oval permlt from the Rent Control Board pursuant to Sectlon
Charter 1803(t). Second, thls offlce lS unaware of any lnstance In
whlch thls provlslon has actuallyprovlded the basls for relocatlon
asslstance. Further, to the extent that Municlpal Code Sectlon
4.36.020 (a) (3) could be construed to encompass non-rent controlled
unlts, it would have no place in thls proposed amendment. Thls
amendment If approved by the voters, would become part of the Rent
Control Law whlch only applles to controlled rental unlts. Indeed,
the proposed amendment has been expressly drafted to only apply to
controlled rental unlts.
Flnally, lD draftlng the proposed amendment, all appllcable
deflnltlons presently In the Relocatlon OrdlDance have been
lncluded In proposed City Charter Sectlon 1817. Whlle l t would
have been thls offlce's preference to place these deflnltlons In
Charter Sectlon 1801, thls was not possible glven that the tenant
harassment charter amendment adds new deflnltlons to Section 1801
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and these two charter amendments are belng presented to the voters
separately.
RECOHMENDATION
If the Clty Councll chooses to place tenant harassment and
tenant relocation measures on the ballot, staff respectfully
recommends adoptlon of the accompanYlng resolutlon submlttlng these
ballot measures to the voters.
Prepared By: Marsha Jones Moutrie, City Attorney
Barry A. Rosenbaum, Deputy Clty Attorney
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ATTACHMENTS
PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO BE
SUBMITTED TO THE VOTERS OF A PROPOSED AMENDMENT OF THE
CHARTER OF THE CITY OF SANTA MONICA, CALIFORNIA
Section 1801 of the city Charter of the City of Santa Monica
is amended to read as follows:
1801. Definitions.
The fOllowing words or phrases as used in
this Article shall have the following
meanings:
(a) Board. The term "Board" refers to
the elected Rent Control Board established by
this Article.
(b) commissioners. The members of the
Board and Interim Board are denominated
commissioners.
(c) Controlled Rental Units. All
residential rental units in the City of Santa
Monica, including mobile homes, and mobile
home spaces, and trailers and trailer spaces,
except single family homes to the extent
provided for in Section 1815 and those units
found by the Board to be exempt under one or
more of the following provisions:
(l) Rental units in hotels, motels,
inns, tourist homes and rooming and boarding
houses which are rented primarily to transient
1
guests for a period of less than fourteen (14)
days.
(2) Rental units in any hospital,
convent, monastery, extended medical care
facility, asylum, non-profit home for the
aged, or dormitory owned and operated by an
institution of higher education.
(3) Rental units which a government
unit, agency or authority owns, operates,
manages, or in which governmentally subsidized
tenants reside only if applicable Federal or
state law or administrative regulation
specially exempt such units from municipal
rent control.
(4) Rental units in owner-occupied
dwellings with no more than three (3) units.
For purposes of this section:
(i) The term "ownerll means a
natural person who owns a fifty (50) percent
ownership interest in the building and resides
on the property as his or her principal place
of residence.
(ii) An exemption under this
section shall expire by operation of law when
the owner ceases to reside on the property as
his or her principal place of residence;
2
thereafter, all units on the property shall be
subject to all provisions of this Article.
(5) Rental units and dwellings
constructed after the adoption of this
Article; this exemption does not apply to
units created as a result of conversion as
opposed to new construction.
(6) Where a unit is actually used
for purposes of providing, on a nonprofit
basis, child care or other residential social
services in accordance with applicable laws.
This exemption shall expire when the use upon
which exemption is based ceases. This
exemption shall only apply to units as they
become vacant and shall only operate to allow
the specified use without the necessity of
obtaining a removal permit under this Article.
This exemption shall not be construed to
authorize the eviction of any tenant nor to
authorize the charging of rent in excess of
that permitted under this Article. The Board
may adopt regulations to determine whether a
unit qualifies for an exemption under this
section.
(7) Exemptions are not automatic
but shall be granted by the Board upon
3
application by the owner pursuant to Board
rules, provided that if the Board does not act
upon a completed application for exemption
within ninety (90) days of its filing it shall
be deemed approved.
1.1' Fraud. 1 r. t C Jl t . ~: Jl.\ !
I ~,
0"1 !=rC'p:-r:.':;I:=nt..It" :.C~, aC:':l'~ t:. or c:om:C'd IlIIt",t o~
:"I<lt'~ri 11 f h:t..
:(~J: Housing Service. Housing services
include, but are not limi ted to repairs,
maintenance, painting, providing light, hot
and cold water, elevator service, window
shades and screens, storage, kitchen, bath and
laundry facilities and privileges, janitor
services, refuse removal, furnishings,
telephone, parking, and any other benefit,
privilege or facility connected with the use
or occupancy of any rental unit. services to
a rental unit shall include a proportionate
part of services provided to common facilities
of the building in which the rental unit is
contained.
'(~,):< Landlord. An owner, lessor,
sublessor or any other person entitled to
receive rent for the use and occupancy of any
rental unit, or an agent, representative or
4
successor of any of the foregoing.
('3) Malice. /,,:~ ~r:.~(!l:1t too vex I .mr.or, C!
lnjuro anot:,c:- pO:"t..on.
:&), Rent. All periodic payments and all
nonmonetary consideration including but not
limited to, the fair market value of goods or
services rendered to or for the benefit of the
landlord under an agreement concerning the use
or occupancy of a rental unit and premises
including all payment and consideration
demanded or paid for parking, pets, furniture,
subletting and security deposits for damages
and cleaning.
fiJ, Rental Housing Aqre_ent. An
agreement, oral, written or implied, between a
landlord and tenant for use or occupancy of a
rental unit and for housing services.
;(~t Rental units. Any building,
structure, or part thereof, or land
appurtenant thereto, or any other rental
property rented or offered for rent for living
or dwelling house units, together with all
housing services connected with use or
occupancy of such property such as common
areas and recreational facilities held out for
use by the tenant.
5
;~lF) Tenant. A tenant, subtenant,
lessee, sublessee or any other person entitled
under the terms of a rental housing agreement
to the use or occupancy of any rental unit.
f~~ Recognized Tenant Organization. Any
group of tenants residing in controlled rental
units in the same building or in different
buildings operated by the same management
company, agent or landlord, who requests to be
so designated.
:~} Rent ceiling. Rent ceiling refers
to the limit on the maximum allowable rent
which a landlord may charge on any controlled
rental unit.
;Cn); Base Rent Ceiling. The maximum
allowable rent established in section 1804(b).
J:l:!f property. All rental units on a
parcel or lot or contiguous parcels or
contiguous lots under common ownership.
Jpt single Family Home. A property that
has been developed with only one one-family
dwelling and any lawful accessory structures,
or a lawfully created condominium, stock
cooperative or similar unit that is part of a
larger residential structure or complex,
excepting those condominiums, stock
6
cooperatives, or similar units converted after
April 10, 1970 for which no removal permit or
vested right determination has been issued by
the Board, and those created pursuant to
Article XX of this Charter.
Section 1816 is added to the City Charter of the City of Santa
Monica to read as follows:
1816. Tenant Harassment.
(a) Prohibition. No landlord shall,
with respect to property used as a controlled
rental unit under any rental housing agreement
or other tenancy or estate at will, however
created, do any of the following with malice:
(1) Interrupt or terminate housing
services required by contract or by State,
county, or local housing, health or safety
laws.
(2) Fail to perform repairs and
maintenance required by contract or by state,
county, or local housing, health or safety
laws.
(3) Fail to exercise due diligence
in completing repairs and maintenance once
undertaken.
7
(4) Abuse the landlord's right of
access into a controlled rental unit as that
right is specified in California civil Code
Section 1954.
(5) Abuse the tenant with words
which are offensive and inherently likely to
provoke an immediate violent reaction.
(6) Seek to entice or entice a
tenant to vacate a controlled rental unit
through fraud.
(7) Threaten the tenant, by word or
act, with physical harm.
(8) violate any law which prohibits
discrimination based on race, gender, sexual
preference, sexual orientation, ethnic
background, nationality, religion, age,
parenthood, marriage, pregnancy, disability,
AIDS, or occupancy by a minor child.
(9) Take action to terminate any
tenancy, including service of any notice to
quit or other eviction notice, or bring any
action to recover possession of a controlled
rental unit based upon facts which the
landlord has no reasonable cause to believe to
be true or upon a legal theory which is
untenable under the facts known to the
8
landlord. This subdivision shall not apply to
any attorney who in good faith initiates legal
proceedings against a tenant on behalf of a
landlord to recover possession of a controlled
rental unit.
(10) Commit any other act, or fail
to perform any other obligation imposed by
contract or law, which interferes with a
tenant's right to quiet use and enjoyment of a
controlled rental unit as that right is
defined by California law.
(b) Lawful evictions. Nothing in this
Section shall be construed so as to prevent
the lawful eviction of a tenant by appropriate
legal means.
(c) Remedies. violations of this
Section shall be subject to the following
remedies:
(1) Any person who violates or aids
or incites another person to violate the
provisions of this Section shall be liable for
each and every such offense for the actual
damages suffered by any aggrieved tenant or
for statutory damages in the sum of Five
Hundred Dollars and Zero Cents ($500.00),
whichever is greater, and shall be liable for
9
such attorney's fees and costs as may be
determined by the court in addition thereto.
The court may also award punitive damages in a
proper case as defined by civil Code section
3294.
(2) Any violation of this section
may be asserted as an affirmative defense to
any unlawful detainer action.
(3) The remedies provided in this
subsection are not exclusive, and nothing in
this section shall preclude any person from
seeking any other remedies, penalties, or
procedures provided by law including, but not
limited to, sections 1810 and 1811 of this
Article.
f:/atty/munl/laws/mtt/elec.def
10
PROPOSAL BY THE CXTY COUNCXL OF THE CXTY OF SANTA MONXCA TO BE
SUBMXTTED TO THE VOTERS OF A PROPOSED AMENDMENT OF THE
CHARTER OF THE CXTY OF SANTA MONXCA, CALXFORNXA
Section 1817 is added to the City Charter of the city of
Santa Monica to read as follows:
1817 Tenant Relocation Assistance.
(a) Definitions. In addition to the
definitions established in section 1801 of
this Article, the following words or phrases
as used in this section shall have the
following meaning:
(1) Disabled Person. Any person who
is receiving benefits from a federal, state,
or local government, or from a private entity
on account of a permanent disability that
prevents the person from engaging in regular,
full-time employment.
(2) Displaced Tenant. Any tenant who
vacates a rental housing unit in the city for
any of the reasons set forth in section
1817(b).
(3) Minor child. Any person younger
than eighteen (18) years of age.
(4) Senior citizen. Any person
sixty-two (62) years of age or older.
(b) When Relocation Fee Required. A
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relocation fee shall be paid in accordance
with the provisions of this section:
(1) When any landlord terminates or
causes the termination of a tenancy on the
basis that:
(i) The landlord seeks to
withdraw all controlled rental units from the
rental housing market as provided in
Government Code Sections 7060 et seq.
(ii)The landlord seeks to
recover possession of a controlled rental unit
pursuant to Sections 1806(h) or 1806(i) of
this Article.
(2)When a tenant serves a landlord
with a notice to terminate tenancy after
having received written notice from either the
landlord or the Santa Monica Rent Control
Board that the landlord has filed a Notice of
Intent to Withdraw Residential Rental units
pursuant to Government Code Section 7060.4 and
Santa Monica Rent Control Board Regulation
16002(a) or an Application for Removal Permit
pursuant to Section 1803(t) of this Article.
(3) The fee required by this
section shall be due and payable to a
displaced tenant whether or not the landlord
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actually utilizes the controlled rental unit
for the purposes stated in the notice of
eviction.
(c) Notice to Tenants Being Displaced.
The following notification requirements apply
to tenants entitled to relocation assistance:
(1) Except when section 1817(c) (2)
is applicable, any notice to terminate a
tenancy which is served upon a tenant for any
of the reasons set forth in section 1817(b)
shall be accompanied by the following on a
form provided by the Rent Control Board:
(i) A written statement of the
rights and obligations of tenants and
landlords under this Section;
(ii) A written statement
informing the tenant that the required
relocation fee has been placed in an escrow
account or other account approved by the Rent
control Board;
(iii) A written statement that
the landlord has complied with section
1817(e). If the landlord has complied with
section 1817(e) by obtaining Rent Control
Board approval of a Displacement Plan, a copy
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of the Displacement plan shall accompany the
written statement.
(2) When a landlord seeks to
withdraw all controlled rental units from the
rental market and terminate all tenancies
pursuant to Government Code sections 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
Rent Control Board form informing the tenant
of the landlord's determination of the
tenant's 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 comply with the requirements of
Section 1817(c) (1). A landlord's failure to
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provide the information required by section
1817 (c) (1) at the time of service of the
notice of termination shall not be considered
a violation of this Section if the landlord's
determination of tenant ineligibility was made
in good faith and with due diligence.
(3) A landlord shall comply with
the provisions of this subsection (c) within
two working days after receiving a tenant's
notice to terminate tenancy as set forth in
Section 1817(b)(2).
(d) Amount of Relocation Fee. Subject
to subsection (m) , the amount of relocation
fee payable pursuant to the provisions of this
Section shall be determined as follows:
(1) The relocation fee shall be
determined according to the size of the rental
housing unit as follows:
Housinq Unit size Relocation Fee
Bachelor or Single $3,000.00
One Bedroom $3,750.00
Two Bedroom $4,250.00
Three Bedroom $5,250.00
Four or more Bedrooms $5,500.00
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(2) If a tenant is evicted from
more than one controlled rental unit on a
property, the tenant shall not be entitled to
receive separate relocation fees for each
controlled rental unit. The tenant shall
receive a single relocation fee based on the
combined total number of bedrooms in the
controlled rental units from which the tenant
is being evicted. If one of the controlled
rental units is a bachelor or single unit, it
shall be counted as a one bedroom unit for
purposes of determining the amount of the
relocation fee (e.g. , a tenant who is evicted
from a bachelor controlled rental unit and a
one bedroom controlled rental unit would
receive relocation benefits for a two bedroom
unit) .
(3) If the controlled rental unit
from which a tenant is being evicted is
furnished, Two Hundred Fifty Dollars ($250.00)
shall be deducted from the amount set forth in
Section 1817(d) (1). For purposes of this
subsection (d), a controlled rental unit shall
be considered to be furnished if the landlord
has provided substantial furnishings in each
occupied room of the controlled rental unit.
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(4) If one or more of the displaced
tenants is a senior citizen or disabled
person, or is a tenant with whom a minor child
resides, and the displaced tenant(s) occupied
the controlled rental unit on or before June
24, 1986, an additional One Thousand Dollars
($1,000.00) shall be added to the amount set
forth in Section 1817(d) (1).
(e) Additional Fee for Required
counseling or other Services. Subject to
subsection (m) , an additional fee shall be
imposed according to the fOllowing provisions:
(1) For each controlled rental unit
from which tenants are displaced for any of
the reasons set forth in section 1817(b)(1),
prior to service of a notice to terminate
tenancy, the landlord shall pay a fee to the
Rent Control Board in the amount of Two
Hundred Fifty Dollars ($250.00) to be used by
the Rent Control Board to pay for counseling
or other services required by displaced
tenants as a result of displacement.
(2) In lieu of the fee required by
section 1817(e)(1), a landlord may prepare a
Displacement Plan which must be approved by
the Rent Control Board prior to service of a
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notice to terminate tenancy. The Displacement
Plan shall identify the special needs of the
displaced tenants, identify the types of
assistance that will be provided and include a
commitment to pay for any such assistance. At
the time of submitting the Displacement Plan
to the Rent Control Board for review and
approval, the landlord shall pay a fee to the
Rent Control Board for such review and
approval in the amount of One Hundred Dollars
($100.00) for each controlled rental unit.
(f) Deposit of Relocation Fee into
Escrow. The relocation fee required by this
section shall be placed in an escrow account,
or in another account approved by the Rent
Control Board, prior to service by a landlord
upon any tenant of a notice to terminate
tenancy for one of the reasons set forth in
section 1817(b)(1), or within two working days
of service by a tenant upon a landlord of
notice to terminate tenancy as set forth in
section 1817 (b) (2). All costs of an escrow
opened pursuant to the provisions of this
subsection (f) shall be borne by the landlord.
Escrow instructions shall be approved by the
Rent Control Board. The escrow instructions
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shall provide that monies deposited in the
escrow account shall only be distributed to a
displaced tenant in accordance with the
instructions of the landlord and that no
monies deposited in escrow may be returned to
the landlord without the written approval of
the Rent Control Board.
(g) payment to Displaced Tenants. The
relocation fee required by this section shall
be paid as follows:
(1) within two (2) working days of
the written request by the tenant, the
landlord shall deliver written instructions to
the escrow holder to distribute all or a
portion of the relocation fee to a third party
providing moving or replacement housing to the
tenant. The instructions shall direct the
escrow holder to make the distribution within
three (3) working days of delivery of the
instructions.
(2) within two (2) working days of
the vacation of the controlled rental unit,
the landlord shall deliver written
instructions to the escrow holder to
distribute the amount of the remaining
relocation fee to the displaced tenant or
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displaced tenants of the controlled rental
unit. The instruction shall direct the escrow
holder to make the distribution within three
(3) working days of delivery of the
instructions.
(3) The entire fee shall be paid to
a tenant who is the only displaced tenant in a
controlled rental unit. If a controlled rental
unit is occupied by two or more displaced
tenants, the relocation fee shall be paid to
all displaced tenants jointly. In no event
shall a landlord be liable to pay a total
amount which is more than the fee required by
Section 1817(d) for one controlled rental
unit, and the landlord shall have no
responsibility or liability for disputes
between displaced tenants over allocation of
the relocation fee between such displaced
tenants.
(4) In the event the landlord has
been required to commence a legal action to
recover possession of the controlled rental
unit and a decision is rendered or a judgment
has been entered in favor of the landlord
prior to the tenant's vacation of the unit,
the landlord may instruct the escrow holder to
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withhold from distribution to the displaced
tenant or displaced tenants of such controlled
rental units any unsatisfied monetary award
provided in such decision or judgment in favor
of the landlord. Upon the judgment becoming
final, the Rent Control Board shall authorize
the escrow holder to return to the landlord
the amount withheld. If no decision has been
rendered or no judgment has been entered for a
monetary award in favor of the landlord prior
to the tenant's vacation of the unit, the
landlord must authorize the distribution of
the entire relocation fee to the displaced
tenant(s) in accordance with this subsection
(g) .
(h) Physical Relocation Xn Lieu of Fee.
The physical relocation of a displaced tenant
is authorized under the following
circumstances:
(1) In lieu of the relocation fee
required by sections 1817(d) and 1817 (e) , the
landlord may, at the landlord's option,
relocate the displaced tenant into a
comparable replacement housing unit
satisfactory to the tenant. In this case, the
landlord shall be liable only for the actual
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costs of relocating the tenant, except that
this subsection (h) shall not abrogate any
rights already created by section 1806 (h) (2)
of this Article. A tenant shall not
unreasonably withhold approval of a comparable
replacement rental housing unit offered by the
landlord. For purposes of this subsection (h),
a replacement unit shall be comparable to the
existing unit if both units are comparable in
size, price, location, proximity to medical
and recreational facilities, parks, community
centers, shops, transportation, schools,
churches and synagogues, amenities, and if the
tenant desires, a rental unit in the City of
Santa Monica.
(2) If a tenant displaced for the
reason set forth in section 1817(b) (1) (ii)
elects to occupy a noncomparable vacant unit
on the same property from which that tenant is
being displaced, pursuant to the terms set
forth in section 1806(h) of this Article, in
lieu of the relocation fee required by
sections 1817(d) and 1817(e), the landlord
shall only be liable for the actual costs of
relocating the tenant.
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(i) Remedies. In addition to the
remedies established in sections 1810 and 1811
of this Article, the following remedies are
available if the provisions of this section
are violated:
(1) In any action by a landlord to
recover possession of a controlled rental
unit for one of the reasons set forth in
section 1817(b), the landlord shall allege and
prove compliance with this section.
(2) Any landlord who fails to
provide monetary relocation assistance as
required by sections 1817(d), 1817(e), and
1817(h) shall be liable in a civil action to
the tenant to whom such assistance is due for
damages in the amount of the relocation fee
the landlord has failed to pay, a civil
penalty in the amount of Five Hundred Dollars
($500.00) and reasonable attorney's fees and
costs as determined by the court.
(3) No landlord shall attempt to
secure from a tenant any waiver of any
provision of this Section. Any agreement,
whether written or oral, whereby any provision
of this section is waived, shall be deemed
against public policy and shall be void.
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(j) Applicability of Relocation
Assistance Requirements as Provided in this
Section. The requirements of this section
shall be applicable as follows:
(1) The relocation assistance
requirements set forth in this section shall
apply to any tenant in possession of a
controlled rental unit on or after November 5,
1996, including any tenant who has been served
with or has served a notice to terminate
tenancy for one of the reasons set forth in
section 1817(b) prior November 5, 1996 and has
not yet vacated the u~it.
(2) A landlord shall comply with
the requirements contained in sections
1817(c) , 1817 (d) , 1817(e), and 1817 (f) by
November 11, 1996, in the event that a notice
to terminate tenancy for one of the reasons
set forth in section 1817(b) (1) has been
served on a tenant or a notice to terminate
tenancy pursuant to Section 1817(b) (2) has
been served on a landlord prior to November 5,
1996. This requirement does not apply if a
landlord has previously complied with the
requirements contained in Santa Monica
Municipal Code sections 4.36.030, 4.36.040,
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4.36.050, and 4.36.060.
(3) Nothing in this Section shall
limit the amount of the relocation fee that
the City Council may require under Government
Code section 65863.7.
(4) Chapter 4.36 of the Santa
Monica Municipal Code is hereby repealed
except for Sections 4.36.100 and 4.36.120(b)
and (c) .
(k) xnapplicability of section to
certain Evictions. Except as provided in
section 1817(c) (2), the requirements set forth
in this section shall not apply to any tenant
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 sections 7060 et seq., unless
the tenant qualifies as a lower income
household pursuant to Health and Safety Code
section 50079.5.
(l) Coordination with Other Relocation
Requirements. In the event a landlord is
required by any other governmental body to
provide relocation benefits to a tenant who
receives a notice to terminate tenancy for one
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of the reasons set forth in section 1817(b),
such benefits shall be off-set against the
amount of relocation benefits required by
section 1817(d). This section shall not apply
to any relocation plan approved by agreement
by the Rent Control Board on or before June
24, 1986.
(m) Authority of the Rent Control Board.
In addition to the powers and duties specified
in section 1803 of this Article, the Rent
Control Board shall have the authority to:
(1) Issue regulations adjusting the
amount of the relocation fee established in
section 1817(d).
(2) Issue regulations adjusting the
amount of the fee for required counseling or
other services established in section 1817(e).
(3) Issue regulations establishing
the type of services to be provided displaced
tenants under section 1817(e).
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