Loading...
SR-9-B (42) ~~q?bo/ crs qg f \atty\mum\strpts\mJm\charter ten JAN 2 6 1999 City Council Meeting 1-26-99 Santa Monica, California TO Mayor and City Council FROM City Attorney SUBJECT Proposed City Charter Amendment Protecting Residential Tenants Against EVictions Based Upon Immatenal or Insubstantial Violations or Upon Terms Which the Landlord Has Waived, Or Is Estopped To Assert and Resolution to Place the Proposed Charter Amendment on the Apnl, 1999 Ballot IntroductIon At Its meeting of January 19, 1999, the City Council dIrected the City Attorney's office to prepare a proposed City Charter amendment Intended to protect reSidential tenants against eVlctlons based upon Immatenal and Insubstantial violations of rental agreements and agaInst eVictions based upon covenants or obligations which the landlord has previously waIved or IS precluded by conduct from enforcing The Council further directed that staff prepare the documents necessary to place the proposed amendment on the April, 1999 mUnicipal ballot This Staff Report and the accompanYing documents respond to those directions Backqround On a number of occasions In the last two years, the City Council has heard public testimony or otherwise received reports of growing numbers of residential eVictions based 1 q~ JAN 2 6 1999 upon violations of rental agreements which are trivial or which relate to conduct by the tenant which the landlord has tacitly approved by Inaction or other apparent assent Many examples Involve pets In one class of pet SituatIons. the tenant has had a pet for many years and the landlord knows It and has never objected Suddenly, the landlord serves notice that the tenant must eIther get nd of the pet or vacate the Unit In these Situations, whatever the rental agreement says, the tenant has assumed that the landlord's conduct In allOWing the pet meant that the landlord knowingly assented to Its presence In a slightly different class of reported pet Situations, the tenant lives In a bUilding where other tenants have pets Based upon thiS fact, the tenant acquired a pet In reliance upon the landlord's conduct In allOWing pets and was later served with a notIce to cure Other kinds of reported Situations Include those In which the tenant makes substantial Improvements or modifications to the rental unit Such modifications may have been undertaken In reliance upon the landlord's past conduct or the landlord may Simply have assented to the Improvement after the fact Later, the tenant receives a notice to "cure" the "breach" by removing the Improvements or modIfications -- which may be very costly or dIfficult Community members have expressed concern that eVictions undertaken In such Situations are unfair The tenant may lose hiS or her home based upon conduct which he or she reasonably believed was not objectIonable to the landlord Moreover, In addition to lOSing 2 hIS or her home, the tenant may be forced to move out of the City because rents are increasing and there IS a shortage of available Units CalIfornia law already recogmzes princIples and defenses whIch may assist a tenant In these types of Situations For Instance, the California CIvil Code Incorporates baSIC precepts of equity, Including that "He who consents to an act IS not wronged by It," "[a]cqUlescence In error takes away the right of objecting to It," and "[t]he law disregards trrfles " Civil Code Sections 3515, 3516, 3533 Moreover, forfeitures are generally disfavored because they work very harsh consequences See, e 9 , CIvil Code SectIon 1442 [requirrng that a forfeiture condition be strictly Interpreted against the party which It benefits] Moreover, at least In some contexts, case law recognizes a vanety of defenses which promote fairness Thus, the law may protect a tenant who substantially compiles with the terms of hiS or her rental agreement against eVIction based on a trrvlal breach See Union 011 Co V Chandler, 84 Cal Rptr 756 (1970) Moreover, a tenant may be able to defend In an unlawful detainer proceeding based upon proof of waiver or estoppel See DRG/Beverly Hills, Ltd V Chopstlx Dim Sum Cafe & Takeout III, Ltd ,35 Cal Rptr 2d 515, 518 (1994) [Waiver IS the Intentional relinquishment of a known rrght after knowledge of the facts, estoppel may anse where the conduct of one Side Induces the other to change position In such a way that he or she would be Injured If the first party were permitted to repudiate the conduct] Based upon these principles, a landlord may be unable to eVict a tenant If (a) the breach IS minor or merely technical, (b) the landlord has expressly or ImplIedly relinqUIshed the nght to enforce the particular rental agreement provIsion by 3 previously failing to object to a known breach, or (c) the landlord leads the tenant to believe that stnct compliance WIll not be required and the tenant acts accordingly to hiS or her detriment However, despite the fact that they are recognized In CalIfornia law, the extent to which these protections actually shield reSidential tenants from eviction IS uncertain DIScussion Legal staff communicated Council's directIon to Rent Board administration and asked for suggested modifications to City Charter Section 1806 which specIfies what constitutes ugood cause" for an eViction from a controlled rental unit Subsection (b) establishes that violation of a term or condition of the tenancy, other than the covenant to pay rent, constitutes good cause If the tenant IS given the opportunity to cure The suggested modifications would amend subsection 1806(b) by adding requirements of substantiality and matenallty and also by precludmg eVictions where the landlord has expressly or Impliedly relinqUished the nght to enforce and where the landlord has led the tenant to belIeve that stnct compltance Will not be reqUired and the tenant has acted accordingly to hiS or her detnment Stated otherwise, the proposed modlflcattons would prOVide express, local statutory recognition of defenses based upon the triVial nature of the alleged breach or upon waiver or estoppel The proposed additions to Section 1806 would not preclude tenants from asserting any other defenses whIch the law may make available to them For Instance, the law presently 4 recognizes defenses based upon the fact that the lease provIsion In question IS not "matenal" and upon the claim that the landlord has committed fraud Specific references In Section 1806 to defenses based upon the triviality of the breach, or waiver or estoppel would not preclude tenants from asserting other defenses available as a matter of state law If the proposed or similar language were added to City Charter Section 1806(b), Rent Board administration advises that the Rent Board would likely promulgate regulations Implementing these protections In the course of giving staff direction, the Council noted the possibility that proposing the subject amendments might have the unintended consequence of promptmg landlords to Immediately undertake eVictions In fear that passage of the proposed measure would diminish their nghts and options One council member asked whether staff could propose any action whIch could be taken to avert thiS POSSibility We conferred with Rent Board administration about thiS As of the preparation of thiS report, staff has been able to Identify only two general options either providing incentives to landlords not to eVict or attempting to make the modifications retroactive Rent Board admInistration noted the POSSibility that a tenant could argue that the date of the notIce terminating a tenancy might be taken Into account by a court as indicative of the landlord's Intent to aVOId the consequences of the proposed amendments However, It IS not clear that the landlord's Intent would be relevant The fact that state law already recognIzes the defenses 5 establrshed by the subject amendments may also reduce the nsk that this legislation will prompt eViction actions Budget/Financial Impact There IS no budget or financial Impact to the City as a result of the proposed City Charter amendment Recommendation Rent Board administratIon recommends that the CouncIl place the proposed language on the Apnl, 1999 ballot PREPARED BY Marsha Jones Moutne, CIty Attorney Joseph Lawrence, Assistant City Attorney Barry Rosenbaum, Semor Land Use Attorney 6 - - -- -- . ... F \atty\m unl\1 aws\barry\charter\e lect99 1 City Council Meeting 1-26-99 Santa MOnica, California , RESOLUTION NUMBER 9364 (City Council Senes) ? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON SATURDAY AND SUNDAY, APRIL 24 AND 25,1999 RELATED TO AMENDING CITY CHARTER SECTION 1806 WHEREAS, Elections Code Section 12109 authonzes the City Council to provide that all ballots cast at the Special MUnicipal Election be counted at a central counting place, WHEREAS, Elections Code Section 9280 authonzes the City Council to direct the City Clerk to transmIt a measure appeanng on the ballot to the CIty Attorney to prepare an Impartial analysIs, WHEREAS, Elections Code Section 9282 et seq prOVIdes for procedures for arguments concerning city measures, and WHEREAS, Elections Code SectIons 9282 and 9285 authonze the City CounCil, or any member or members of the CIty CounCil authonzed by the City CounCil, to fIle written arguments, including rebuttal arguments In favor of any City measure, ------- - . t NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS SECTION 1 A SpecIal Municipal Election shall be held In the City of Santa MOnica on Apnl 24 and 25, 1999, which IS the election ordered In accordance with Elections Code Section 9255 for the purpose of submItting Initiatives amending the Santa MOnica City Charter of the City of Santa MOnica SECTION 2 The followIng measure shall appear on the ballot and be submitted to the voters of the City PROPOSITION" II Shall Santa Monica YES City Charter Section 1806(b) be amended to provide that a tenant in a controlled rental unit cannot be evicted unless the tenant has committed a material and substantial violation of the lease which the landlord has not waived or otherwise NO lost the legal right to use as the basis for an eviction? The CIty Clerk shall cause the text of the propOSItion, which IS contained In ExhIbit 1 attached hereto and Incorporated by reference, to be maIled to all qualified voters wIth the sample ballot The City Clerk shall cause the text of the propositIon to be published In the 2 . ~ official newspaper and In each edition thereof dUring the day of publication In the manner required by law SECTION 3 The ballots to be used at the SpecIal Municipal Election shall be both as to form and matter contained therein such as may be reqUired by law SECTION 4 The City Clerk IS authonzed, Instructed, and directed to procure and furnish any and all official ballots. notices, pnnted matter, and all supplies, equipment, and paraphernalia that may be necessary In order to properly and lawfully conduct the Special Municipal Election SECTION 5 The polls shall be open at 8 00 a m on Saturday, April 24, 1999 and shall remain open continuously until 7 00 P m of the same day when the polls shall be closed, except as provided In Elections Code Section 14401 or by ordinance The polls shall be open at 1000 a m on Sunday, Apnl 25, 1999 and shall remain open contlnously until 700 pm of the same day when the polls shall be closed, except as provided In Elections Code Section 14401 or by ordinance SECTION 6 The notice of the tIme and place of holding of the Special MUnicipal Election IS hereby given and the City Clerk IS authonzed, Instructed and directed to give such further or additIonal notice of the election In the time, form and manner reqUired by law 3 . ~ SECTION 7 Pursuant to ElectIons Code Section 12109, the City Clerk IS authorized, Instructed and directed to give such notice of the central counting place In the tIme, form and manner reqUIred by law SECTION 8 Pursuant to Elections Code Section 9280, the City Clerk IS dIrected to transmit a copy of each measure to be submItted to the voters to the City Attorney and the City Attorney IS directed to prepare an Impartial analYSIS of each measure shOWing the effect of the measure on the eXIsting law and the operation of the measure In accordance With the provIsions of Elections Code Section 9280 The Impartial analYSIS shall be filed by the date set by the City Clerk for the filing of pnmary arguments SECTION 9 In all partIculars not recited In thiS Resolution, the Special Municipal Election shall be held and conducted as provided by law for holding thiS and other mUnicipal elections In the CIty of Santa MOnica SECTION 10 In accordance With Elections Code Sections 9282 and 9283 the CIty Council authonzes the follOWing Council members and other persons or organizations to file wntten arguments as follows 4 --- ------ - -- . . ARGUMENT IN FAVOR OF PROPOSITION Mayor Pam O'Connor Mayor Pro Tern Ken Genser Councllmember Robert Holbrook Councllmember Paul Rosenstern Councllmember Mrchael Feinstein Councllmember Kevin McKeown SECTION 11 Wntten arguments, not to exceed 300 words In length, are to be filed wIth the City Clerk no later than February 10, 1999 Arguments so submitted may be changed or wIthdrawn by the author(s) until and rncludlng the date fixed by the City Clerk after which no arguments for or agarnst the measure may be submitted to the City Clerk Rebuttal arguments not exceedrng 250 words may be submitted by persons for or agaInst the Measure In accordance wrth Electrons Code Sectron 9285 SECTION 12 The City Clerk shall certrfy to the adoption of this Resolution, and thenceforth and thereafter the same shall be rn full force and effect APPROVED AS TO FORM " ., '" - ~ ' (' '. - n, f', '.~' -'L~...-L)~ --7/V~' ~ 't-y" MARSHA JONES MOUTRIE CIty Attorney - 5 . .. 1 EXHIBIT 1 . . PROPOSAL BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO BE SUBMITTED TO THE VOTERS OF A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANT A MONICA, CALIFORNIA SectIOn 1806 of the CIty Charter of the CIty of Santa MOllIca IS amended to read as follows' 1806. Eviction. No landlord shall take actIon to tenmnate any tenancy mcludmg servIce of any notIce to qUIt or other eVIction notIce or bnng any actIon to recover posseSSIOn or be granted recovery of possessIon of a controlled rental umt unless: (a) The tenant has faIled to pay the rent to whIch the landlord IS entItled under the rental housmg agreement and thIS ArtIcle . (b) The tenant has c01rurutted ~-..:;.:~~.:~ aft' matenal and substanhal breach of an oblIgatlon or covenant of hIS or her tenancy whIch the landlord has not waIved eIther exnresslv or lmnhedlv throulIh the landlord's conduct ... .. .a- ... _ and whlCh the landlord IS not estopped from assertmg: other than the oblIgatJon to surrender posseSSIOn upon proper notice. and the tenant has faIled to cure such v101atlOn after havmg receIved wntten notIce thereof from the landlord m the manner requIred by law. (c) The tenant IS commIttmg or expressly penmttmg a nUIsance m, or IS causmg substantIal damage to, the controlled rental umt, or is creatmg a ---------- --- - - ---------- . ~ substantIal interference with the comfort, safety, or enjoyment of the landlord or other occupants or neIghbors of the same. (d) The tenant IS convicted of using or expressly pemnttmg a controlled rental unit to be used for any illegal pwpose. (e) The tenant, who had a rental housing agreement which had terminated, has refused, after written request or demand by the landlord, to execute a wntten extensIOn or renewal thereof for a further term of like duratIOn and ill such terms as are not inconsIstent With or violative of any prOVisions of tlus Article and are matenally the same as ill the previous agreement (f) The tenant has refused the landlord reasonable access to the controlled rental umt for the pwposes of making necessary repairs or rmprovements reqUIred by the laws of the Umted States, the State of California or any subdIViSIon thereof or for the pwpose of showing the rental housing to any prospectlve purchaser or mortgagee (g) The tenant holdmg at the end of the term of the rental housmg agreement IS a subtenant not approved by the landlord. (h) The landlord seeks to recover possession in good faIth for use and occupancy by herself or himself, or her or his children, parents, grandparents, brother, SIster, father~m~law, mother-in-law, son-m-Iaw, or daughter-m-Iaw. For purposes of eVictIons under thIS Subsection' - - - -- . ~ (1) A "landlord" shall be defmed as a natural person who has at least a fifty (50) percent ownership mterest in the property. (2) No eviction may take place if any landlord or enumerated relative already occupies one unit on the property, or if a vacancy already exists on the property and the vacant urnt is comparable to the unit for which evictIon IS sought Where the vacant urnt IS determmed not to be comparable, thereby penruttmg eviction under thIS SubsectIon, the evicted tenant or tenants shall be fITst giVen the nght to occupy the vacant unit and the rent thereof shall be the lesser of the maximum allowable rent for the vacant unit and the maximum allowable rent of the urnt from wluch the tenant or tenants are eVicted The Rent Control Board shall promulgate regulatIons defmmg when a unit is comparable for purposes of thIS paragraph (3) The nonce tenninatmg tenancy shall contam the name, address and relatIOnshIp to the landlord of the person mtended to occupy (4) The landlord or enumerated relatIve must mtend m good f81th to move mto the urnt WIthIn thIrty (30) days after the tenant vacates and to occupy the urnt as a pnrnary resIdence for at least one year The Board may adopt regulanons govermng the determmation of good faIth. (5) If the landlord or relatIve specified on the notice tennmating tenancy faIls to occupy the unit wIthm thIrty (30) days after the tenant vacates, the landlord shall- - - --- ---- - -- - -- - - - - -- - - - -- - ---- . ~ (i) Offer the urnt to the tenant who vacated it. (n) Pay to sald tenant all reasonable expenses incurred in movmg to and/or from the unit (6) No eVlctIOn pursuant to this Subsection shall be allowed many condominIum or stock cooperative unit which has been converted from an apa.tment or other rental urnt after Apnll0, 1979, unless the Rent Control Board has Issued a removal permit or declared a vested nght for said urnt As used m tIns subpart, a umt shall be deemed converted after April 10, 1979, if on April 10, 1979, the recorded tract map or parcel map for the property showed the urnt as included m the property (I) The landlord seeks to recover possession to demolIsh or otherwise remove the controlled rental unit from rental residennal housing use after havmg obtamed all proper permits from the City of Santa Momca. Notwithstanding the above proVisions, possession shall not be granted If It IS determmed that the eviction IS In retalIanon for the tenant reportIng vlOlatJons of dus Artt.cle, for exerclsmg nghts granted under this Article, mcludmg the nght to withhold rent upon authonzation of the Board under Sectlon 1803(q) or Section 1809 or for organization other tenants In any notice purporting to term mate tenancy the landlord shall state the cause for the termmatlOn, and m any actIOn brought to recover possession of a controlled rental unit, the landlord shall allege and prove complIance with this Section . ~ Any vlOlatlon of this Section shall render the landlord liable to the I tenant m a civtl action for actual and pumtIve damages. The prevailing party in an actIon based upon thIs Section shall recover costs and attorneys fees --- - - - - - - . w Adopted and approved thIs 26th of January, 1999 t ~~. . am O'Connor, Mayor I, Mana M Stewart, City Clerk of the CIty of Santa MOnica, do hereby certIfy that the foregOing Resolution 9364 (CCS) was duly adopted at a meeting of the Santa MOnica CIty CounCil held on the 26th of January, 1999 by the follOWing vote Ayes Councllmembers FeInstein, Genser, Holbrook, McKeown, O'Connor, Rosenstein Noes Councllmembers None Abstain Councllmembers None Absent Councllmembers None ATTEST ~..':::\o F-'~ Mana M Stewart, City Clerk - - -- - - ----