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SR-8C (20) 8e 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 1 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 2 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 - - 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 3 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 4