SR-8C (20)
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CA atty\muru\strpts\bar\rel amd
City CouncIl Meetmg 2-11-97
Santa MOnIca, CalIforma
FED , , 1997
STAFF REPORT
TO Mayor and City Council
FROM CIty Attorney
SUBJECT An Ordmance Of The Cny Counctl Of The Clty
Of Santa MOllica To Amend Section 4 36 120 Of
The Santa MOnIca MumcIpal Code To ReIterate
Tenancy Rights of Tenants Displaced and Relocated
For Seismic Safety Retrofittmg
On January 28, 1997, the City Councd dIrected thIS office to prepare an ordmance whIch would
reIterate that the dIsplacement and relocation of tenants so that theIr UnIts can be repaIred and
retrofitted pursuant to Santa MOnIca MUnIcipal Code 8 04040050 [RepaIr, ReconstructIon and
Remforcement of Potentially Hazardous Structures] does not termmate theIr tenancy and that the
tenants have the nght to return to theIr umts when the work IS completed This office has prepared
the ordmance attached hereto In response to the CouncIl's dIrectIon
ThiS ordmance provides that the displacement and relocatIon of a tenant for repaIr and retrofittmg
pursuant to Mumclpal Code SectIon 8 04 040 050 shall not termmate the tenancy of the dIsplaced
tenant The displaced tenant shalt have the nght to reoccupy the umt upon the completIOn of the
repaIrs and retrofittmg and shall retaIn all fights of tenancy that eXIsted before the dIsplacement
Q"
oL,
FEB 111991
As also stated In the proposed ordmance, this amendment IS declaratory of eXlstmg law Under State
law, the temporary vacating ofa urnt willie repairs are bemg undertaken does not tenmnate a tenancy
See Aguirre v Lee, 20 Cal App 4th 1646, 25 Cal Rptr 2d 367 (1993) Tenants retam all tenancy
fights IncludIng the nght to return once the repairs are completed ld
Local law IS Similar When a tenant]s reqmred to vacate a Ulllt so that an owner can retrofit hIs/her
bmldIng, no relocatIOn assistance ]s reqmred If the landlord completes the repairs and restores the
tenant to possession wlthm a speCified time perIod See Santa MOllica MUnICIpal Code SectIon
436 120(d) If the displacement exceeds thIS tIme penod, the owner IS reqUIred to pay relocatIon
assistance to the tenant representmg the dIfference between the rent paid for comparable temporary
accommodations and the rent the tenant would have paid for his/her umt If the displacement had not
occurred Id Thus, SectIOn 4 36 120(d) treats a tenant's displacement for retrofittmg as temporary
The fallure of an owner to restore a tenant to possessIon m a tImely manner entitles the tenant to
relocatIOn assIstance until posseSSiOn IS restored
Although we belIeve that both State and local law presently protect the nghts of displaced tenants.
the City Couned may adopt the proposed ordmance to explicitly reaffirm tenants' legal fIghts
RECOrvTh1ENDA TION
It IS respectfully recommended that the City Councll mtroduce the attached ordmance for first readmg
and hold a public heanng thereon
Prepared By Marsha Jones Moutne, City Attorney
Barry A Rosenbaum, Deputy City Attorney
CA:f:\atty\muni\laws\barry\temp.rel
city Council Meeting 2-11-97
Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING MUNICIPAL CODE
SECTION 4.36.120 TO REITERATE TENANCY RIGHTS
OF TENANTS DISPLACED AND RELOCATED FOR
SEISMIC SAFETY RETROFITTING
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. section 4.36.120 of the Santa Monica Municipal Code
is amended to read as follows:
4.36.120 Inapplicability of Chapter to certain eVictions.
(a) Notw1thstanding section 4.36.110, the requirements set
forth in this Chapter shall not apply to any tenant whose tenancy
is terminated pursuant to a lawful notice to terminate tenancy
pursuant to Section 1806 (h) of the Clty Charter served on or
before June 10, 1986.
(b) Section 4.36.100 shall not be applicable lf the
d1splacement and relocat1on of the tenant is the result of a fire
not caused by the landlord, earthquake or other natural disaster.
(c) Except as provided
1n section 4.36.030(b),
the
requlrements set forth 1n th1.s Chapter shall not apply to any
tenant whose tenancy is term1.nated or caused to be terminated on
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the ground that the landlord seeks to wlthdraw all rental houslng
units from the rental market as provided in Government Code section
7060 et seq. I unless the tenant qualifies as a lower lncome
household pursuant to Health and Safety Code section 50079.5.
(d) Section 4.36.100 shall not be applicable if the
displacement and relocation of the tenant is necessary to comply
wlth the repair and retrofitting requirements of Munlcipal Code
Section 8.04.040.050. However I in the event of such displacement,
a landlord shall be responsible to pay the displaced tenant the
dlfference between reasonable rent actually paid for comparable
temporary accommodations, and the rent which would have been
payable to the landlord had the displacement not occurred, for any
perlod of displacement which exceeds the following llmits:
1) For buildings less than five stories in height, 180
days, or If asbestos removal is required, 270 days.
2) For buildings five stories or more in helght, 270
days, or if asbestos removal is required, 360 days.
The Building Official and Director of Planning and Community
Development may Jointly authorlze a longer time period to complete
repair and retrofitting lf, prior to displacement, they find that
due to Clrcumstances unique to the build1ng I the repalr and
retrofltting will take longer than the preceding time Ilmits.
Additionally, after tenant displacement, the Building Officlal and
Director of Planning and Community Development may jOlntly grant a
reasonable extenslon of the time limit lf they find that the
landlord 1S proceeding dlllgently and expeditiously with repair and
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retrofitting, and that the inability to complete the proJect withln
the established time limit is due to the occurrence of events that
were reasonably unforeseeable by and beyond the control of the
landlord; provl.ded, however, that the landlord I s inabillty to
finance such repair and retrofitting shall not be grounds for such
an extension.
The disolacement and relocation of a tenant for reoalr and
retrofitting pursuant to Municipal Code section 8.04.040.050 shall
not terminate the tenancy of the disolaced tenant. The dl.solaced
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tenant shall have the right to reoccupy the unlt UDon the
comoletion of the reoairs and retrofittina and shall retaln all
riahts of tenancy that
eXlsted before the displacement.
ThlS
amendment to Subsection (d) of this section is declaratory of
existin9 law.
SECTION 2. Any provision of the Santa Monica Municlpal Code
or appendices thereto, inconsistent Wl.th the provislons of thlS
ordinance, to the extent of such inconsistenc1es and no further,
are hereby repealed or modifled to that extent necessary to effect
the provisions of this Ordinance.
SECTION 3.
If any section, subsection, sentence, clause, or
phrase of this Ordinance 1S for any reason held to be invalid or
unconsti tutl.onal by a declsion of any court of any competent
jurlsdiction, such decision shall not affect the validity of the
remalnlng portions of this Ordinance.
The City Counci 1 hereby
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declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional w1thout regard to whether any port1on
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4.
The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The Clty Clerk shall
cause this ordinance, or a summary thereof to be publlshed once in
the official newspaper wlth1n 15 days after its adoption.
This
Ordinance shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
f/h ~ :. (1 ~4 1/
, IL(t c.~'~.N....-e d 1~1't.-L<"
MARSHA JON€S MOUTRIE
. '-'
C1ty Attorney
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