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SR-8-C (61) f'\atty\mu n I\strpts \mJm\relocate CIty Council Meeting 4-13-99 fM~. ?Jt d. ..p;- I q:?q (' C5 Cl4;r't.J~) 8t-, APR f 3 .. Santa Momca, California TO Mayor and City Council FROM City Attorney SUBJECT Ordinance Amending Sections 4 36090 and 436 100 ofthe Municipal Code Specifying an Owner's Relocation Obligations When the Owner Must Obtam Temporary Possession of A Rental Housmg Umt to Comply with Health, Safety or BUilding Laws and Legal Remedies and Declanng the Presence of an Emergency Introduction City staff IS currently workIng on a comprehenSive proposal addreSSing a range of Issues related to protecting tenants In apartment bUlldmgs undergomg substantial rehabilitation Meanwhile, In order to proVide baSIC protections until that proposal IS made, staff recommends adopt/on of the attached emergency ordmance It clanfies relocatIon obligations and establishes additional remedies DISCUSSion A signifIcant number of apartment bUlldmg owners In the City are opting to substantially rehabilitate their properties In order to take advantage of the opportunities afforded by state-mandated vacancy decontrol I n many Instances, the rehabIlitation work renders the premises unmhabltable, and the tenants must be temporarily relocated Current local law requIres that the landlord assume responsIbilIty for relocatIon under these circumstances. 1 ~ APR 1 3 819 However, current law leaves unclear the extent of the landlord's obligations and falls to provide adequate remedies Recent expenence shows that current law IS unclear and madequate In one situation, a controversy arose when tenants had to be relocated on very short notice when City safety personnel determined that the construction work rendered the bUilding unsafe for habitation In another case, substantial controversy has ansen about the legality of the relocation arrangements made by the landlord Both of these controversies might have been aVOIded If the MUnicIpal Code had more clearly speCified the landlord's obligatIons and proVided effective remedies Moreover, additional controversies are likely to arise In the near future because of the volume of rehabIlitation bemg undertaken To ensure that all aspects of such Situations are addressed, planning staff Will propose recommendations which would create a mechanism Within the bUilding permit review and inspection process to ensure that tenant safety IS protected dunng construction, establish a review process for mitigation of construction nUisances, and expand noticing reqUirements to ensure that tenants are aware of their nghts dUring construction and receive complete Information about the scope and schedule of the proposed project It IS anticipated that these recommendations Will be presented In the next two months The temporary proposal encompassed In the attached ordinance baSically c1anfies eXisting law and establishes new remedies The proposed ordinance would c1anfythatthe landlord must pay all actual and reasonable moving costs and also proVide temporary hOUSing 2 which IS comparable to the tenant's unit The tenant would be responsible for paYing his or her regular rental payment, and If the cost of the temporary housmg exceeded that amount the landlord would pay the difference The proposed ordinance would also establish a cIvil remedy for violation of local relocation laws which would be available to any person, mcludlng the City, and would make pUnitive damages available Recommendation Staff recommends that the Council adopt the attached emergency ordinance PREPARED BY Marsha Jones Moutne, City Attorney Barry Rosenbaum, Senior Land Use Attorney Suzanne Frick, Director of Plannmg and Community Development 3 .. f \atty\mum\law\barry\tempreI02 ord wpd City CouncIl Meeting 4-13-99 Santa Momca, Callforma ORDINANCE NUMBER 1939 CCS (CIty Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 4 36 090 AND 4.36 100 OF SANTA MONICA MUNICIPAL CODE SPECIFYING AN OWNER'S RELOCATION OBLIGATIONS WHEN THE OWNER MUST TEMPORARILY OBTAIN POSSESSION OF A RENTAL HOUSING UNIT TO COMPLY WITH HOUSING, HEALTH. BUILDING. OR SAFETY LAWS AND LEGAL REMEDIES, DECLARING THE PRESENCE OF AN EMERGENCY WHEREAS. as a result of State-mandated vacancy decontrol and the robust local economy, there has been a significant Increase In the numberof apartment bUlldmgs In the City that are undergOing substantial repairs, rehabilitation, and upgrades, and WHEREAS, such construction work can pose a senous threat to the health and safety of tenants occuPYing these properties dunng construction, and WHEREAS, there have been two recent Instances In which construction has posed a threat to the safety of tenants of such Immediacy that all work on the projects had to cease until tenants were relocated to other accommodatIons, and WHEREAS, gIven the finanCial Incentive to upgrade apartment bUildings, other tenants Will likely be forced by construction to temporarily vacate their Units until construction IS completed, and 1 " WHEREAS, the forced relocation of tenants can be highly disruptive to their lives and costly, and WHEREAS, local law governing relocation currently requires a landlord to bear the reasonable cost of temporary accommodations for tenants when the landlord IS required to recover possession of rental housmg Units to comply with housing. health, or safety laws of the State of California or the City or when a tenant IS required to vacate a unit upon order or any governmental offiCial or agency; and WHEREAS, It IS necessary to amend the City'S relocation law to clarify the scope of relocation assistance that a land lord must proVide when a tenant is forced to temporarily vacate his/her Unit due to housing, health, or safety law violations. NOW THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOllOWS Section 1 Section 4 36 090 of the Santa MOnica MUnicipal Code IS hereby amended to read as follows 4.36.090 Remedies. (a) If any action by a landlord to recover possession of a rental housmg Unit for one of the reasons set forth In Section 4 36.020, the landlord shall allege and prove compliance With thiS Chapter (b) Any landlord who falls to prOVide relocation assistance as required by Sections 4 36.040, 4.36050, 4.36070, and 4 36 100 of thiS Chapter shall be liable In CIVil action to the tenant to whom such assistance 2 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 and reasonable attorney's fees and costs as determmed by the court The court may also award pUnitive damages m a proper case as defined by Civil Code Section 3294 Any person, Including the City, may enforce the provIsions of thiS Chapter by means of a cIvil action (c) Any person violating any of the provISions or failing to comply With the requirements of thiS Chapter shall be gUilty of a misdemeanor (d) No landlord shall attempt to secure from a tenant any waIVer of any proVIsion of thiS Chapter Any agreement, whether wntten or oral, whereby any proVIsion of thiS Chapter IS waived, shall be deemed agamst public policy and shall be VOid. Section 2 Section 4 36 100 of the Santa MOnica MUnicipal Code IS hereby amended to read as follows: 4.36.100 Temporary relocation mandatedforcodecomplianceorby government order. (a) If a landlord IS required to temporanly recover possession of a rental housing unit In order to comply with hOUSing, health, bUlldmg, or safety laws of the State of California or the City of Santa Monica, or If a tenant IS reqUired to vacate a Unit upon the order of any government officer or agency, the landlord shall prOVide relocation benefits to the displaced tenant In the event that the tenancy of such person IS subsequently termmated for one of 3 SECTION 6 The Mayor shall sign and the City Clerk shall attest to the passage of this Ordmance The City Clerk shall cause the same to be published once In the official newspaper within 15 days after Its adoption This Ordmance shall become effective upon Its adoptIon APPROVED AWO FORM. ;/n.IL/~~ MARSHA Jo1*ES MOUTRI E - City Attorney 6 ',- ~tffU'1 CUt1 l Pam O'Connor, Mayor State of Cahforma ) County of Los Angeles ) S5 Cny of Santa MOllica ) L Mana M Stewart, CIty Clerk of the Clty of Santa MOnIca. do hereby certIfy that the foregomg Emergency Ordmance No 1939 (CCS) had ItS fIrst readIng and was adopted on Apnl 13. 1999 by the followmg vote Aves "' CouncIl members FemsteIn, Genser. Holbrook. McKeown. O'Connor, RosensteIn Noes CouncIl members None AbstaIn CouncIl members None Absent Council members None ATTEST ~L"~~ _ ~~ Mana M Stewart. (jIty Clerk