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SR-8-A (147) PCD SF AA f \plan\admln\mlscproj\tenants\sum61999 wpd Council Meeting June 29. 1999 JUN 2 9 b:d 9A Santa Monica, California TO Mayor and City Council FROM City Staff SUBJECT Recommendation to adopt an emergency ordinance establishing additional requirements for rehabilitation of tenant-occupied apartment bUildings INTRODUCTION This report recommends that the City CounCil (1) adopt an emergency ordinance establishing addlllonal requirements for the rehabilitation of tenant-occupied apartment bUildings, (2) recommend that the Rent Control Board adopt procedures to assist tenants who are negatively Impacted by apartment rehabilitation, and (3) authorize staff to prepare additional ordinances and administrative gUidelines to further protect tenants In apartment bUildings that are being rehabilitated BACKGROUND State-mandated vacancy decontrol provIsions that went Into effect on January 1, 1999 have created new Incentives for landlords to substantially rehabilitate their properties to capture market-rate rents As a result, many apartment properties In Santa Monica are undergOing substanllal rehabilitation and many more rehabilitation projects are expected In the coming months While these rehabilitation projects prOVide an opportunity for tenants to enjoy a newly refurbished living environment, the rehabilitation process has the potential to severely Impact tenants Some recent rehabilitation projects have subjected tenants to lengthy periods of construction disturbances and lack of normal amenities In SA JUN 29 1999 two recent cases, In-progress reconstruction has reached the pOint of posing a serious threat to life safety, compelling tenants to relocate to other hOUSing units on short notice The City Council has recognized the need to protect sitting tenants In apartment bUildings which are undergOing substantial rehabilitation ThiS need Includes ensuring the safety and welfare of the sitting tenants, maintaining the livability of the units In which the tenants reside, providing appropnate alternatives In cases where the livability of the units cannot be maintained, and protecting tenants from lOSing their rent-controlled apartments due to renovalions An Interdepartmental team Including staff of the City Attorney's Office, Fire Department, HOUSing DIVISion, BUilding and Safety DIVISion. Rent Control Board, and Planning and Community Development Department has reviewed the recent cases of rehabilitation In tenant-occupied bUildings and developed recommendations which protect tenants dunng apartment rehabilitation. Staffs recommendations are focused on three pnmary areas (1) Implementation of additional measures In the bUilding permit review and inspection process to ensure tenant safety dunng construction, (2) crealion of noticing requirements to ensure that tenants are aware of their nghts dunng construction and receive complete information regarding the scope and schedule of the proposed project, (3) Identification of a process which enables tenants to seek mitigation measures from landlords for construction disturbances and inCOnVeniences, and (4) clarifications to the eXisting tenant relocation ordinance Issues related to relocation are slill under review as discussed In thiS report The 2 recommendations presented for adoption at this time represent proteclions that can be Implemented Immediately A program related to tenant relocation requires further analysIs and Will be presented to the City Council In the next 60 days CURRENT CONDITIONS The Municipal Code currently proVides that If a landlord IS required to recover possession of a rental housing unit In order to comply with housing, health or safety laws of the State or City, the landlord IS responsible for the temporary relocation costs of the displaced tenant As happened In two recent cases, this provIsion of the Code applies In situations where In-progress construction constitutes a threat to the life safety of the tenants In these situations. the BUilding Official and Fire Marshal are authOrized to determine that a serious life safety condition eXists and that all work on the project must stop until the tenants have been temporanly relocated to safety The Code does not authonze the City to require the relocation of tenants before the construclion reaches the pOint of threatening life safety, unless that threat IS known to be IneVitable In SitUatiOnS where life safety IS not threatened, but construction disturbances compromise the livability of the units, the Rent Control Charter Amendment allows a tenant to petition the Rent Control Board for a rent decrease, espeCially when the rehabilitation work drastically alters the tenant"s quality of life However, local law does not proVide a mechanism for tenants to seek other mltlgalion measures from landlords, such as temporary accommodations In a hotel, temporary relocation to vacant units In the bUilding that are not Impacted by the construction, regular proVISion of carwash vouchers for 3 Impacted tenant vehicles, provIsions for pets, vouchers for food when cooking faCilities are unavailable, and special cleaning of tenants' Units necessitated by construction BUILDING PERMIT REVIEW Currently, bUilding permit applicants proVide detailed Information regarding proposed construction projects In their completed state However, applicants are not required to report on the occupancy status of the bUilding or submit detailed Information regarding the proposed construction means and methods In apartment rehabilitation projects, It IS the construction means and methods that determine how tenants Will be Impacted by the construction Under the proposed ordinance, a bUilding permit applicant for a residential rehabilitation project Will be required to certify whether there are tenants In the bUilding and whether the proposed bUilding project Will compromise the habitability of occupied units for a period of more than one working day Habitability IS defined In the ordinance as the availability of utilities, Sarlltatlon faCilities, weather protection, fire protection, unencumbered eXiting routes, and safe WIring, plumbing and electrical eqUipment, and freedom from structural and fire hazards For projects where the habitability of the units Will be compromised. the project applicant Will prepare and submit a construction means and methods plan and Will be subject to tenant notification reqUirements The construction means and methods plan Will Include detailed information regarding the proposed construction methodology, the Impact of that methodology on tenants, and 4 whether tenants will need to be temporarily relocated under that methodology In addition, applicants Will be required to provide detailed Information regardmg construction mlbgatlon measures which Will be Implemented to mmlmlze the Impacts of nOise, dust, and other construction nUisances on tenants Dunng construction, bUilding mspectors Will review compliance with construction means and methods plans and construction mitigation plans, as well as reviewing tYPical bUlldmg mspectlon Items Any project that submits a means and methods plan Will be placed on a regular Inspection cycle which IS appropriate to the stages of construction and the potential for Impact on tenant welfare Through regular mspectlon. the City Will be able to determme early In the construction process If the means and methods plan has been Violated and could potentially Impact tenant safety and welfare Plan check and bUlldmg permit fees for these rehabilitation projects Will be adjusted to reflect the additional plan review and Inspection reqUirements TENANT NOTICING REQUIREMENTS Under current state and local law, landlords are required to proVide noltce to tenants when they require entry Into tenants' apartments However, landlords are not required to proVide IndiVidual tenant notices when they Will be undertaking renovation and rehabllitalton projects that do not require discretionary review Under the proposed ordmance, reSidential rehabilitation projects Will be subject to expanded noltclng requirements The proposed ordmance Will require IndiVidual noticing of all tenants for any multifamily 5 rehabilitation project which requires a construction means and methods plan Before a bUlldmg permit can be Issued for construction In a tenant-occupied bUlldmg, the applicant Will be required to certify that all tenants Will receive notices within ten days follOWing release of the bUilding permit Before commencing work on the proJect, the applicant Will provide the City with the names and addresses of all tenants residing In the bUlldmg and eVidence that the notices were delivered Notices Will be required to Include A statementthattenant contracts cannot be terminated due to the bUilding rehabilitation project. General Information regarding scheduling of construction and unavailability of services such as laundry, parking, elevators, water, power, etc , A statement informing tenants of their nghts to seek mitigation from the landlord for construction disturbances and to seek assistance from the Rent Control Board If the landlord IS unable to prOVide mitigation which IS satisfactory to the tenant, Contact Information for the project applicant. Including the designation of a project manager who IS responsible for responding to tenant questions, complaints, and requests for mitigation of construction disturbances, A statement that tenants have a nght to review and receive copies of the construction means and methods plan for the project from the applicant at no charge. and Contact Information for the BUilding and Safety DIVISion and a statement Informing tenants of their nghts to contact the BUilding and Safety DIvIsion regarding conditions which appear to be unsafe for tenants or could be Violations of the BUilding Code For projects of greater than 30 days, the applicant Will be required to proVide bimonthly 6 notices to tenants on the progress of construction and to schedule monthly progress and feedback meetings for tenants The BUilding and Safety DIvIsion Will provide sample notices containing all of the Information that project applicants Will be required to Include In their notices MITIGATION OF CONSTRUCTION DISTURBANCES In addition to the measures that are Included In the proposed ordinance, staff recommends that the Rent Control Board adopt procedures to address Situations where the rehabilitation project does not threaten the safety or welfare of the tenants, yet constitutes a disturbance or inconvenience for the residents As part of the noticing reqUirements of the ordinance, a project applicant must notify their tenants of their nghts to seek appropriate construction mitigation measures from the applicant These mitigation measures could Include temporary rent reductions, qUiet office space for tenants who work at home dUring the day, temporary accommodations In a hotel, temporary relocation to units In the bUilding that are not Impacted by the construction. and other appropnate construction mitigation measures such as prOViding regular provIsion of carwash vouchers for Impacted tenant vehicles Collaboration between tenants and landlords IS expected to encourage development of mitigation measures which deal With the particular needs of the tenants Rent Control Board staff IS preparing procedures to proVide a process for revIew of disturbances, inCOnVeniences, and loss of amenities related to reSidential rehabilitation Under the proposed procedures, If a tenant IS not satisfied With the mitigation measures offered by the landlord, the tenant can request the assistance of Rent Control Board staff 7 Rent Control staff will provide mediation assistance to the tenant and landlord In finding appropnate mitigation measures for the disturbance conditions If Rent Control staff Involvement does not resolve the Issue, the tenant can request a hearing before a Rent Control Board Hearing Officer for Implementation of a temporary rent decrease for the period of the construction disturbance The Rent Control Board IS currently authonzed to grant rent decreases under the City Charter However, these rent decreases have only been applied on a prospective basIs As part of thiS package of tenant protections dUring rehabilitation, the Rent Control Board Will be consldenng the Implementation of a special process for review of temporary rent reductions for the time penod of the construction disturbance Under these procedures, If the mediation process IS Ineffective, the tenant Will have an opportunity for a hearing to present Information regarding the nature ofthe construction disturbance, Inconvenience or loss of amenities The landlord Will then have an opportunity to desCribe mitigation measures which are proposed or have been Implemented to deal With the problem The Rent Control Board Will evaluate whether the mitigation measures are appropriate and Will have the ability to require rent reductions If the mitigation measures are deemed to be insuffiCient ProViding tenants With an opportunity for review of the mitigation measures by the Rent Control Board, and the potential for mandatory rent reductions, IS expected to motivate landlords to develop mitigation measures which better meet the needs of their tenants These revised procedures Will come before the Rent Control Board for adoption Within the next 30 days FURTHER CLARIFICATION OF TENANT RELOCATION REQUIREMENTS On April 13, 1999, the City Council adopted an ordinance which clarified an owner's responsibilities In temporary relocation of tenants The proposed emergency ordinance further amends these requirements to (1) explicitly state that temporary accommodations must be located In reasonable proximity to the schools of tenants with school-age children and that the acceptability of pets must be similar, (2) clearly reqUire payment of relocation fees for permanent tenant dislocation from unpermitted dwelling units, and (3) clarify a landlord's responsibility based on the duration of the temporary relocation The April 13 ordinance requires landlords to find comparable Units for tenants dunng the term of the temporary relocallon However. In very brief situations such as a two or three- day termite-abatement tenting of an apartment bUilding, these comparability requirements may be too stringent Given that It would be difficult for a landlord to secure apartment accommodations for a period of less than 30 days, the proposed emergency ordinance allows landlords to pay for hotel accommodations for relocation periods of less than 30 days, prOVided that (1) the hotel accommodations are located In Santa Monica, (2) the landlord prOVides tenants With vouchers for food, laundry, and pet accommodations, and (3) the landlord bears other costs that the tenant may Incur such as moving and storage ISSUES FOR ADDITIONAL CONSIDERATION In addition to the measures above, other measures could prOVide further protections for apartment tenants These Include (1) requiring the posting of security by rehabilitation project applicants, (2) Imposing penalties for delays and Violations of construction means 9 and methods plans, (3) requIring applicants to prepare and submit a relocation plan m the event that temporary relocation of tenants IS proposed, (4) reqUiring relocation payments follOWing a fire, (5) providing temporary City relocation assistance In certain cases, and (6) revlsmg the permanent relocation fees Staff IS currently reviewing options for Implementation of these measures and seeks authOrity from the City CounCil to prepare Implementing ordmances and funding alternatives on the follOWing measures The measures could return to the City CounCil for adoption Within the next 60 days Posting of Security For apartment rehabilitation projects that must submit a construction means and methods plan. applicants could be reqUired to post a performance bond, letter of credit, or some other form of security ThiS security requirement would help ensure that a project would follow the means and methods plan and would be completed m a timely manner, and that tenants would not be subject to an Inordinately lengthy construction period The security reqUirement IS particularly Critical for Situations where the rehabilitation project may be underflnanced and the project may be subject to delays or work stoppages Penalties for Delay or Violation of Construction Means and Methods Plan Penalties could be reqUired In two Situations In the first Situation, project applicants would pay a per-day and per-unit penalty for unreasonable delays beyond the time period Included In the construction means and methods plan Implementing gUidelines would govern the ImpOSition and enforcement of thiS penalty The penalty would act as a diSincentive against lengthy periods of tenant disturbance 10 The second penalty would be Imposed on a per-day and per-unit basIs for any applicant who had submitted a construction means and methods plan that did not require tenant relocation, yet had violated the plan dunng construction and brought their project to the pOint of no longer being safe for tenants to occupy In this situation, the landlord would be responsible for temporary relocation costs and penalty damages These damages would act as a penalty for violating tenant safety and forcing the City to play the role of reqUlnng the relocation of the tenants on short notice Relocation Plan In the event that the construction means and methods plan Indicated that tenant safety could not be protected dunng part of the construction penod, the project applicant would prepare a relocation plan The plan would prOVide details regarding the timing and method of temporary relocation of tenants Staff IS explonng procedures for administrative review of submitted relocation plans Tenant Relocation Following a Fire The tenant relocation ordinance could be amended so that fires no longer release owners of their responsibility to provide for temporary relocation The tenant relocation ordinance currently exempts owners from providing temporary relocation assistance In situations of an earthquake, other natural disaster, or fire not caused by the landlord The process to determine who IS at fault following a fire may be lengthy and difficult, taking several months after the tenants have had to find other accommodations II City Relocation Assistance There may be situations of code-required tenant relocation where landlords evade their responsibilities to provide temporary relocation assistance This would be particularly problematic In situations where Immediate tenant relocation IS reqUired While the City IS able to bnng an enforcement action agamst the landlord to force compliance with the relocation ordinance, thiS prosecution IS not Immediate Dunng the mtenm penod, low- Income tenants could be left homeless Staff IS developing a program and funding options to enable to City to front the costs of tenant relocation when a landlord has evaded that responsibility These funds would be repaid by the landlord followmg enforcement proceedmgs Permanent Relocation Fees The permanent relocation fees were established In March of 1990 and have not changed since that time The consumer pnce Index for urban consumers In Southern California mcreased by more than 28 percent from March of 1990 to March of 1999 In addition, when the ongmal fees were adopted, a tenant may have had an opportUnity to relocate to another rent controlled unit within Santa Monica and aVOid paymg a dramatic Increase In monthly rent As a result of vacancy decontrol, a tenant relocating to a vacant unit today may be faced with Significantly Increased rental costs Staff recommends that an analYSIS be performed to determine the current costs of relocalion from a rent-controlled unit FollOWing adoptJon of the new relocalion amounts, relocation fees would be adjusted annually With the adoption of the City budget based on 12 the most recent consumer price Index Increases BUDGET/FINANCIAL IMPACT It IS expected that adoption of the ordinance Will create additional requirements on the BUlldmg and Safety DIvIsion for plan check review and field compliance review of construction means and methods plans To recover the additional costs. plan check and Inspection fees Will be adjusted as part of the fee study that IS currently underway If the City Council provides direction to move forward on the additional tenant protection measures, the budget Impacts and funding options related thereto Will be presented to the City Council with the adoption of these measures RECOMMENDATION It IS recommended that the City Council Adopt the proposed emergency ordinance (a) establishing additional requirements m the bUlldmg permit process for rehabilitation of tenant-occupied apartment bUildings and (b) c1anfymg tenant relocation requirements, 2 Recommend that the Rent Control Board adopt new procedures to allow for expedited review of rent decreases for disturbances and mconvenlences dUring apartment rehabilitation, and 3 Authorize staff to prepare ordinances related to (a) requiring the posting of security by rehabilitation project applicants, (b) Imposing penalties for delays and Violations of construction means and methods plans, (c) reqUiring applicants to prepare and submit 13 a relocation plan, (d) requiring relocation payments followmg a fire, (e) providing temporary City relocation assistance In certam cases, and (f) revIsing the permanent relocation fees Prepared by Suzanne Frick. Director of Planning and Community Development Andy Agle, Deputy Director of Plannmg and Community Development Tim McCormick, BUilding OffiCial Marsha Jones Moutrle, City Attorney Alicia Cortrlte. Senior Deputy City Attorney Adam Radmsky, Senior Deputy City Attorney Barry Rosenbaum, Senior Deputy City Attorney Mary Ann Yurkonls, Rent Control Administrator Tracy Condon, Public Information Manager Jenethen Pearl-Angulo, Senior Administrative Analyst Jim Hone, ASSistant Fire Chief/Fire Marshal Bob Moncrief, HOUSing and Redevelopment Manager Tad Read, Housmg Coordmator - Preservation and Production Attachment A Ordmance 14 ATTACHMENT A f \atly\mum\laws\barry\rehab2 ord City Council Meeting 6-29-99 Santa Monica, California ORDINANCE NUMBER_ (CCS) (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 8100 TO THE SANTA MONICA MUNICIPAL CODE TO REQUIRE AN OWNER PERFORMING REPAIRS/REHABILITATION OF TENANT-OCCUPIED PROPERTIES IMPACTING TENANT HABITABILITY TO SUBMIT A CONSTRUCTION MEANS AND METHODS PLAN, TO PROVIDE DETAILED TENANT NOTIFICATION AND TO PROVIDE RELOCATION ASSISTANCE AS NECESSARY, AMENDING SECTIONS 4 36 020 AND 436100 OF THE SANTA MONICA MUNICIPAL CODE TO CLARIFY AN OWNER'S RELOCATION OBLIGATIONS WHEN THE OWNER IS REQUIRED TO REMOVE AN ILLEGALLY CREATED RENTAL UNIT FROM THE MARKET AND WHEN THE OWNER MUST TEMPORARILY OBTAIN POSSESSION OF A RENTAL HOUSING UNIT TO COMPLY WITH HOUSING, HEALTH, BUILDING. OR SAFETY LAWS. DECLARING THE PRESENCE OFAN 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 bUlldln9s 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 WHEREAS, the forced relocation of tenants can be highly dlsruplive to their lives and costly. WHEREAS, state-mandated vacancy decontrol has also created an incentive for landlords to disrupt tenants' qUiet enjoyment ofthe premises to Increase the likelihood that the tenants Will vacate their units, and WHEREAS, the City CounCil recognizes the need to protect the safety and welfare of tenants in apartment bUildings undergOing substantial rehabilitation, maintain the habitability of the tenants' Units while occupied, and require adequate relocation and other assistance when mandated by the construction work, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS. SECTION 1 Chapter 8 100 IS hereby added to the Santa MOnica Municipal Code to read as follows CHAPTER 8 100 TENANT PROTECTION DURING CONSTRUCTION 8100010 Construction Means and Method Plan Required (a) When applYing for a bUilding permit to alter, repair, or rehabilitate a multi-family reSidential structure, the applicant shall indicate on a form 2 fumlshed by the City's Buildmg and Safety DIvIsion whether the property IS occupied by tenants (b) If the property is tenant-occupied and, as determined by the BUlldmg Officer, the construction work could Impact the habitability of any unit on the property, prior to obtamlng a bUlldmg permit, the applicant shall submit a construction means and method plan to the BUlldmg and Safety DIVISion which contains the mformatlon required by Section 8 100 020 The construction could Impact Unit habitability If any of the following conditions may eXist at the property for a period exceedmg one (1) working day. (1) Inadequate sanitation Including, but not limited to, the followlnq (A) Lack of, or Improper water closet, lavatory, or bathtub or shower (B) Lack of, or Improper kitchen smk (C) Lack of hot and cold running water to plumbmg fixtures (D) Lack of adequate heatmg (E) Lack of, or Improper operation of required venlilatmg equipment (F) Lack of minimum amounts of natural light and ventilation required by the BUilding Code of the City of Santa Monica (G) Lack of required electncalllghling (H) Dampness of habitable rooms (I) Lack of connection to reqUIred sewage disposal system (2) Structural hazards Including, but not limited to, the follOWing (A) Deteriorated or Inadequate foundations (B) Defective or deteriorated flOOring or floor supports (C) Any of the follOWing structural features that are of insufficient size to carry Imposed loads WIth safety Flooring or floor supports, members of walls, partitions, or other vertical supports, members of ceiling, roofs, ceiling and roof supports, or other hOrizontal members (3) WIring, plumbing, or electrical equipment that Will no longer conform With all applicable laws In effect at the time of installation (4) Faulty weather protection, Including, but not limited to, the follOWing ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken Windows or doors (5) The building or portion thereof, deVice, apparatus, equipment, combustible waste, or vegetation In such a condition as to cause a fire or explOSion or provide a ready fuel to augment the spread and Intensity of fire or explOSion arising from any cause (6) The bUilding or portion thereof IS an unsafe bUilding as defined by the Dangerous BUilding Code of the City of Santa Monica (7) The bUilding or portions thereof 15 not proVided With adequate eXit faCilities as required by the BUilding Code of the City of Santa MOnica (8) The bUilding or portions thereof IS not provided With the fire-resistive construction orfire-extlngulshlng systems or equipment required by the BUilding Code of the CIty of Santa MOnica and the FIre Code of the City of Santa Monica (c) No bUilding permit shall Issue until a satisfactory means and method plan IS approved by the BUilding Officer, If required 4 8.100 020 Contents of Construction Means and Method Plan. The construction means and method plan reqUIred by subsection (b) of Section 8100010 shall provide the following information (a) A detailed deSCription of the construction process, organized sequentially (b) An explanation of the Impact that thiS construction will have on the occupancy of the Units by tenants (c) The owner's plan to address the habitability Impacts on the tenants created by the proposed construction project (d) An assessment of whether any or all ofthe tenants will need to be temporarily relocated during any phase ofthe work A tenant Will need to be temporarily relocated If the conditions of the property or the repair or rehabilitation thereof Will Significantly affect the safe and sanitary use of the premises by a tenant so that the tenant cannot safely reSide In the premises (e) A deSCription of the construction mltlgalion measures that the owner will Implement to minimiZe the Impacts of nOise, dust, Vibrations, utility shut-offs, and other construction Impacts on tenants 8 100030 Tenant Noticinq Requirements. (a) Before a bUlldlnq permit can be Issued for the alteratIon/repaIr/rehabilitatIon of a bUIlding whIch reqUIred an applicant to prepare a construclion means and method plan pursuant to Section 8 100010 of thiS Chapter, the applicant must certify that all tenants of the property Will received the information reqUired by subsection (b) of thiS 5 SectIOn, In a form approved by the CIty, Within ten (10) days following the Issuance of the bUilding permit and that no work Will commence under the bUilding permit until all tenants are notified ThiS notice shall either be hand- delivered to each tenant of the property or sent by certified mall, return receipt requested (b) The notice required by subsection (a) of thiS Section shall contain the follOWing Information (1) A detailed description of the nature and type of construction activity that Will be undertaken (2) Information regarding the scheduling of construction and the periods In which services such as laundry, parking, elevators, water, and power, Will be unavailable (3) A statementthat the construction being undertaken at the property Will not terminate the tenant's tenancy (4) A statement Informing the tenants of their nght to seek mitigation from the property owner for nUisance conditions at the property, Including, but not limited to, nOise, dust, vibrations, utility shut-offs, and other construction impacts Mitigation measures may Include, but are not limited to, temporary rent reductions, qUiet office spacefortenants working at home, and temporary accommodations (5) A statement Informing tenants of their nQht to review and receive free caples of the owner's construction means and method plan 6 (6) Information explalnlnq how to contact the prolect applicant, including the deSignation of a prolect manager responsIble for responding to tenant InqUirieS, complaints, and requests for mitigation of nUisance conditions (7) A statement Informing tenants that they should Immediately contact the City's BUilding and Safety DIVision regardmg any conditions at the property which they consider to be unsafe, In violation of the City's Technical Codes, or m violation of the applicant's construction means and method plan (8) For construction projects that exceed thirty (30) days In duration as measured from the date that construction commences, the applicant shall also mform the tenants that the applicant Will proVide twice monthly notices to the tenants regarding the progress of construction and Will schedule monthly meetings to address the construction progress and obtain tenant Input and feedback regarding the construction (9) Any other information that the BUilding Officer determines IS necessary due to the unique circumstances of the construclion work (c) In addition to the mformatlon reqUired by subsection (b) of thiS Section, the tenant notification shall prOVide the followmg Information If the project WIll reqUire the temporary relocalion of tenants' A statement that the constructron activity may require displacement, but that to the greatest extent practicable, no tenant lawfully occuPYing the 7 property will be required to move without at least thirty (30) days wntten notice from the owner 8 100 040 Administrative Regulations. The BUilding Officer shall have the authority to promulgate and or adopt administrative requlatlons to Implement the prOVISions ofthls Chapter. SECTION 2 Section 4 36 020 ofthe Santa Monica MUnicipal Code IS amended to read as follows 4 36 020 When Relocation Fee Required. (a) A relocation fee shall be paid In accordance with the provisions of this Chapter by any landlord who terminates or causes the termination of a tenancy for any of the follOWing reasons (1) The landlord seeks to withdraw all rental housing units from the rental housing market as provided In Government Code Sections 7060 et seq (2) The landlord seeks to recover possession of a rental housing unit pursuant to Section 1806(h) or Section 1806(1) of the City Charter (3) The landlord seeks to recover possession to demolish or otherwise remove a rental housing unit from residential rental housing use, Includlnq Units that were Illegally converted to resldenllal use, after having obtained all proper permits from the City, If any such permits are required (b) A relocallon fee shall be paid In accordance with the provIsions of this Chapter to a displaced tenant who serves a landtord with a notice to terminate tenancy after having received wntten 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 70604 and Santa MOnica Rent Control Board Regulation 16002(a) or an Application for Removal Permit pursuantto Santa Monica Charter Section 1803(t) (c) The fee required by this Chapter shall be due and payable to a displaced tenant whether or not the landlord actually utilizes the rental hOUSing Unit for the purposes stated In the notice of eViction SECTION 3 Section 436100 of the Santa MOnica MUniCipal Code IS amended to read as follows 436100 Temporary relocation mandated by code compliance or by government order (a) If a landlord IS required to temporanly recover possession of a rental hOUSing unit In orderto comply With hOUSing, health, bUilding, 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 These relocation benefits shall Include both temporary housing as proVIded In subsection (b) ofthls Section and moving costs as prOVided In subsection (c) of thiS Section In the event that the tenancy of such person IS subsequently terminated for one of the reasons set forth In Section 4 36 020, the landlord 9 shall pay the relocation fee reqUired by Sections 4 36 040 and 4 36.050 and the landlord shall have no further obligation for temporary accommodations under thiS Section (b) The type of temporary houslnq reqUired by thiS Section IS dependent on the duration of the tenant's displacement If a tenant will be displaced for a penod less than thirty (30) days, the landlord shall relocate the tenant to a motel or hotel accommodation which IS safe, sanitary, and located In Santa Monica The landlord shall bear the full cost of thiS accommodation and also provide the tenant wrth vouchers for food, laundry, and pet accommodations If the displacement Will be for a penod of thirty days or greater, th.e.tstemporary housing shall be rental housing The rental housing shall be comparable to the tenant's existing housing In location, Size, numberofbedrooms, acceSSibility, type and quality of construction, proxImity to services and upon which the displaced tenant depends, and amenities, including the allowance for pets should the tenant have pets Should the temporary housing be more expensive than the tenant's eXisting housing, the landlord shall be responsible for the cost differential between the rent that the displaced tenant pays for his/her Unit and the cost of the temporary housing The landlord and the tenant may mutually agree upon a housing type other than the temporary housing reqUired by thiS subsection ~ Moving costs shall consist of all actual reasonable costs of moving, Including, transportation of personal property, packing and unpacking, Insurance of personal property while In transit cOvering mOving, 10 compensation for any damage occurnng dUring moving, 8nd storage of personal property, disconnection and reconnectlon of utility services and any other additional costs attributable to a tenant's special needs, including needs resulting from disability or age !ill {e1 The displacement and relocation of a tenant pursuant to thiS Section shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy::'" hlsfher unit upon the completion ofthe work necessary for the umtto comply With housing. heatth, bUilding or safety laws or any governmental order and the tenant shall retain all rights of tenancy that eXisted prior to the displacement SECTION 4 ThiS ordinance IS declared to be an urgency measure adopted pursuant to the provIsion of Section 615 ofthe Santa Monica City Charter As set forth In the findings above, thiS ordinance IS necessary for preserving the public peace, health, safety, and welfare As an urgency measure, thiS ordinance IS effective Immediately upon adoption and tenants currently displaced for the reasons specified In 4 36.1 OO(a) are entitled to ItS protections from the date of Its adoption SECTION 5 Any prOVIsion of the Santa Monica Municipal Code or appendices thereto Incons/stent With the provIsions of thiS Ordinance, to the extent of such Inconsistencies and no further. IS hereby repealed or modified to that extent necessary to effect the proVISions of thiS Ordinance 11 SECTION 6 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 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, subseclion, sentence, clause, or phrase not declared Invalid or unconstitutional Without regard to whether any portion ofthe ordinance would be subsequently declared Invalid or unconstitutional SECTION 7 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 become effective upon ItS adoption. APPROVED AS TO FORM h 0 . ^ ,d k1ftU"o_ ! ~_>i1'.u..4 f '-L-{JX'~ MARSHA JQt.I-ES MOUTRIE City Attorney 12 ~ f \atty\munl\laws\barry\rehab2 wpd City Council Meeting 6-29-99 Santa MOnica. California ORDINANCE NUMBER 1946(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 8100 TO THE SANTA MONICA MUNICIPAL CODE TO REQUIRE AN OWNER PERFORMING REPAIRS/REHABILITATION OF TENANT-OCCUPIED PROPERTIES IMPACTiNG TENANT HABITABILITY TO SUBMIT A CONSTRUCTION MEANS AND METHODS PLAN, TO PROVIDE DETAILED TENANT NOTIFICATION AND TO PROVIDE RELOCATION ASSISTANCE AS NECESSARY, AMENDING SECTIONS 4 36 020 AND 436100 OF THE SANTA MONICA MUNICIPAL CODE TO CLARIFY AN OWNER'S RELOCATION OBLIGATIONS WHEN THE OWNER IS REQUIRED TO REMOVE AN ILLEGALLY CREATED RENTAL UNIT FROM THE MARKET AND WHEN THE OWNER MUST TEMPORARILY OBTAIN POSSESSION OF A RENTAL HOUSING UNIT TO COMPLY WITH HOUSING, HEALTH, BUILDING, OR SAFETY LAWS, DECLARING THEPRESENCEOFANEMERGENCY WHEREAS, as a result of State-mandated vacancy decontrol and the robust local economy, there has been a significant Increase In the numberof apartment bUildings In the City that are undergOing substantial repairs, rehabilitation, and upgrades, and WHEREAS. such construction work can pose a serious threat to the health and safety of tenants occupYing these properties dUring 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 WHEREAS, the forced relocation of tenants can be highly disruptive to their lives and costly. WHEREAS, state-mandated vacancy decontrol has also created an Incentive for landlords to disrupt tenants' qUiet enJoyment of the premises to Increase the likelihood that the tenants Will vacate their Units; and WHEREAS, the City Council recognizes the need to protect the safety and welfare of tenants In apartment bUildings undergOing substantial rehabilitation, maintain the habitability of the tenants' Units while occupied. and require adequate relocation and other assistance when mandated by the construction work, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS SECTION 1 Chapter 8 100 IS hereby added to the Santa Monica Municipal Code to read as follows CHAPTER 8100 TENANT PROTECTION DURING CONSTRUCTION 8100010 Construction Means and Method Plan Required (a) When applYing for a bUilding permit to alter, repair, or rehabilitate a multi-family residential structure, the applicant shall indicate on a form 2 , furnished by the City's BUilding and Safety DIvIsion whether the properly IS occupied by tenants (b) If the property IS tenant-occupied and, as deterrnlned by the BUilding Officer, the construction work could Impact the habitability of any unit on the property, prior to obtaining a bUilding permit. the applicant shall submit a construcllon means and method plan to the Building and Safety DIVISion which contains the Information reqUired by Seclion 8 100 020 The construction could Impact unit habitability If any of the follOWing condlllons may exist at the property for a period exceeding one (1) working day (1) Inadequate sanitation Including, but not limited to. the follOWing (A) Lack of, or Improper water closet, lavatory, or bathtub or shower (B) Lack of, or Improper kitchen Sink (C) Lack of hot and cold running water to plumbing fixtures (D) Lack of adequate heating (E) Lack of, or Improper operalion of required ventilating equipment (F) Lack of minimum amounts of natural light and ventilation required by the BUilding Code of the City of Santa MOnica (G) Lack of required electrical lighting (H) Dampness of habitable rooms (I) Lack of connection to reqUired sewage disposal system (2) Structural hazards Including, but not limited to, the follOWing (A) Deteriorated or Inadequate foundalions (B) Defective or deteriorated flOOring or floor supports 3 (C) Any of the following structural features that are of insufficient size to carry Imposed loads with safety Flooring or floor supports, members of walls, partitions, or other vertical supports, members of ceiling, roofs, ceiling and roof supports, or other hOrizontal members (3) WIring, plumbing, or electrical equipment that Will no longer conform with all applicable laws In effect at the time of installation (4) Faulty weather protection, Including, but not limited to, the following Ineffective waterproofing of exterior walls, roof, foundallons, or floors, including broken Windows or doors (5) The bUilding or portion thereof, deVice, apparatus, equipment, combuslible waste, or vegetation In such a condition as to cause a fire or explOSion or proVide a ready fuel to augment the spread and intensity of fire or explOSion arising from any cause (6) The bUilding or portion thereof IS an unsafe building as defined by the Dangerous BUilding Code of the City of Santa Monica (7) The bUilding or portions thereof IS not prOVided With adequate eXit faCilities as required by the BUilding Code of the City of Santa Monica (8) The bUilding or portions thereof IS not proVided With the fire-resistive construction orfire-extlngulshlng systems or equipment required by the BUilding Code of the City of Santa Monica and the Fire Code of the City of Santa Monica (c) No bUilding permit shall Issue until a satisfactory means and method plan IS approved by the BUilding Officer, If required 4 8 100020 Contents of Construction Means and Method Plan. The construction means and method plan required by subsection (b) of Section 8 100 010 shall provide the follOWing mformatlon (a) A detailed descrlplion of the construction process, organized sequentially (b) An explanation of the Impact that this construction Will have on the occupancy of the units by tenants (c) The owner's plan to address the habitability Impacts on the tenants created by the proposed construction proJect (d)An assessment of whether any or all of the tenants Will need to be temporarily relocated dUring any phase of the work. A tenant Will need to be temporarily relocated If the conditions of the property or the repair or rehabilitation thereof Will Significantly affect the safe and sanitary use of the premises by a tenant so that the tenant cannot safely reSide In the premises. (e) A description of the construction mitigation measures that the ownerwllllmplementto minimiZe the Impacts of nOIse, dust, Vibrations, utility shut-offs, and other construction Impacts on tenants 8 100030 Tenant Noticing Requirements. (a) Before a bUlldmg permit can be Issued for the alteratlonlrepalr/rehabliitatlon of a bUilding which reqUired an applicant to prepare a construction means and method plan pursuant to Section 8 100 010 of thiS Chapter, the applicant must certify that all tenants of the property Will receive the Information required by subsection (b) of thiS 5 Section, In a form approved by the City, wlthm ten (10) days follOWing the Issuance of the bUlldmg permit and that no work Will commence under the bUilding permit until all tenants are notified This notice shall either be hand- delivered to each tenant of the property or sent by certified mail, return receipt requested (b) The notice reqUired by subsection (a) of this Section shall contain the followmg Information (1) A detailed description of the nature and type of construction aclivlty that Will be undertaken (2) Information regarding the scheduling of construction and the periods In which services such as laundry, parking, elevators, water, and power, Will be unavailable (3) A statement that the construction being undertaken at the property Will not terminate the tenant's tenancy (4) A statement informing the tenants of their right to seek mitigation from the property owner for nUisance COnditionS at the property, including, but not limited to, nOise, dust, Vibrations, utility shut-offs, and other construction Impacts Mitigation measures may Include, but are not limited to, temporary rent reductions, qUiet office space for tenants working at home, and temporary accommodations (5) A statement Informing tenants of their nght to review and receive free copies of the owner's construction means and method plan 6 (6) Information explaining how to contact the project applicant, Including the designation of a project manager responsible for responding to tenant inquiries, complaints, arid requests for mitigation of nUisance conditions (7) A statement Informing tenants that they should Immediately contact the City's BUilding and Safety DIVISion regarding any conditions at the property which they consider to be unsafe, In vlolalion of the City's Technical Codes, or In Violation of the applicant's construction means and method plan (8) For construction proJects that exceed thirty (30) days In duration as measured from the date that construction commences, the applicant shall also Inform the tenants that the applicant Will provide twice monthly notices to the tenants regarding the progress of construction and Will schedule monthly meetings to address the construction progress and obtain tenant mput and feedback regarding the construction (9) Any other Information that the BUilding Officer determines IS necessary due to the unique CIrcumstances of the construction work (c) In addlllon to the information reqUired by subsection (b) of thiS Section, the tenant notification shall prOVide the follOWing Information If the project Will require the temporary relocation of tenants A statement that the construction activity may require displacement, but that to the greatest extent practtcable, no tenant lawfully occupYing the 7 property will be required to move without at least thirty (30) days written notice from the owner 8100.040 Administrative Regulations. The BUilding Officer shall have the authOrity to promulgate and or adopt administrative regulations to Implement the proVIsions ofthls Chapter SECTION 2 Section 436020 of the Santa Monica MUnicipal Code IS amended to read as follows 4 36020 When Relocation Fee Required. (a) A relocation fee shall be paid In accordance With the provIsions of thiS Chapter by any landlord who terminates or causes the termlnalion of a tenancy for any of the follOWing reasons (1) The landlord seeks to Withdraw all rental housing units from the rental housing market as provided In Government Code Sections 7060 et seq (2) The landlord seeks to recover possession of a rental housing unit pursuant to Section 1806(h) or Section 1806(1) of the City Charter (3) The landlord seeks to recover possession to demolish or otherwise remove a rental housing unit from residential rental housing use, including units that were Illegally converted to reSidentIal use, after having obtained all proper permits from the City, If any such permits are required (b) A relocation fee shall be paid In accordance With the prOVISions of thiS Chapter to a displaced tenant who serves a landlord With a notice to 8 , 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 Resldenlial Rental Umts pursuant to Government Code Section 7060 4 and Santa MOnica Rent Control Board Regulation 16002(a) or an Application for Removal Permit pursuant to Santa MOnica Charter Section 1803(t) (c) The fee required by thiS Cnapter shall be due and payable to a displaced tenant whether or not the landlord actually utilizes the rental housing Unit for the purposes stated In the notice of eViction SECTION 3 Secllon 436 100 of the Santa Momca MUnicipal Code IS amended to read as follows 4 36 100 Temporary relocation mandated by code compliance or by government order (a) If a landlord IS required to temporarily recover possession of a rental housing unit In orderto comply With housing, health, bUilding, or safety laws of the State of Callforma 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 These relocation benefits shall Include both temporary housing as provided In subsection (b) of thiS Section and moving costs as provided In subsection (c) of thiS Seclion I n the event that the tenancy of such person IS subsequently terminated for one of the reasons set forth In Section 436 020, the landlord 9 , shall pay the r€locatlon fee required by Sections 4 36 040 and 4 36.050 and the landlord shall have no further obligation for temporary accommodations under this Section (b) The type of temporary housing required by this Section IS dependent on the duration of the tenant's displacement If a tenant Will be displaced for a period less than thirty (30) days, the landlord shall relocate the tenant to a motel or hotel accommodation which IS safe, sanitary, located In Santa MOnica, and contains standard amenities such as a telephone The landlord shall bear the full cost of this accommodation and also provide the tenant With vouchers for food, laundry, and pet accommodations If the displacement Will be for a perIOd of thirty days or greater, the temporary housing shall be rental housing The rental housing shall be comparable to the tenant's eXisting housing In location, Size, number of bedrooms, accessibility, type and quality of construction, proximity to services and Institutions upon which the displaced tenant depends, and amenities, Including the allowance for pets should the tenant have pets Should the temporary housing be more expensive than the tenant's eXisting housing, the landlord shall be responsible for the cost dlfferenlial between the rent that the displaced tenant pays for his/her unit and the cost of the temporary housing The landlord and the tenant may mutually agree upon a housing type other than the temporary housing reqUired by thiS subsection (c) Moving costs shall consist of all actual reasonable costs of moving, Including, transportation of personal property, packing and 10 unpacking, Insurance of personal property while In transit, compensation for any damage occurring dUring moving, storage of personal property, disconnection and reconnectlon of utility services and any other additional costs attributable to a tenant's speCial needs, including needs resulting from disability or age (d) The displacement and relocation of a tenant pursuant to this Section shall not terminate the tenancy of the displaced tenant The displaced tenant shall have the right to reoccupy his/her Unit upon the completion of the work necessary forthe unit to comply with housing, health, bUilding or safety laws or any governmental order and the tenant shall retain all rights of tenancy that eXisted prior to the displacement SECTION 4 ThiS ordinance IS declared to be an urgency measure adopted pursuant to the proVIsion of Section 615 of the Santa Monica City Charter As set forth In the findings above, thiS ordinance IS necessary for preserving the public peace, health, safety, and welfare As an urgency measure, thiS ordinance IS effective Immediately upon adoption and tenants currently displaced for the reasons speCified In 4,36 100(a) are entitled to ItS protections from the date of ItS adoption SECTION 5 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, IS hereby repealed or modified to that extent necessary to effect the provIsions of thiS Ordinance 11 SECTION 6 If any seclion, 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 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 7 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 become effective upon Its adoption APPROVED AS TO FORM 1'-' {, ! r' ((..(.( ~ '<':)T.J...~,' t~>~~'/4/ MARSHA JONES MOUTRIE City Attorney 12 Adopted and approved tills 29th day of June, 1999 l ~1ADG-n'" p~ O'Connor, Mayor State of Cahforma ) County of Los Angeles) ss CIty of Santa MOllica ) 1. Mana M Stewart. City Clerk of the City of Santa MOllica. do hereby certIfy that the foregoIng OrdInance No 1946 (CCS) had Its IntroductIOn and adoptIOn on June 29. 1999. by the followmg VOle Ayes Council membets McKeown. Femstem. Bloom, Rosenstem, Mayor Pro Tern Genser, Mayor O'Connor Noes CounCIl members None Abslam CounCil members None Absent CounCIl members Holbrook '-----A1:!EST ~ v....... ..'~ \.u ~J Mana M Stewart. Cltyl.perk