SR-11-C (13)
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Santa Monlca, Callforrna,
August 2, 1979
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TO:
The Mayor and Clty Councll
AUG 1 4 1979
FROM: The Clty Staff
SUBJECT: Proposed ordlnance requlr1ng owners of potentlal
condominium conversions to notlfy new renters that
converSlon may oecur.
Introductlon
ThlS report recommends conslderation of an ordlnance requlring
owners of rental units for WhlCh converSlon procedures have
been lnltlated to notify new or potentlal renters that converSlon
may occur.
Background
Complaints have been made that apartments in bu~ldings with
Tentatlve Tract Maps, publlC reports and even Flnal Maps are
being rented to new tenants unaware of the potential converSlon.
Wh1le the Plann1ng Commlsslon has recently required notlflcatlon
to a11 new tenants of pendlng convers1ons, a large backlog of
potentlal converSlons eXlst which do not have such restrlct1ons.
The proposed ordinance 1S 1ntended to requ1re owners of all such
bUlldln~in the Clty to glve slmilar notlflcatlon.
Alternatlves
In the absence of an ordlnance no practical or legal means appear
to exist WhlCh would requlre apartment owners to make such notl-
flcatlon. Whlle such actlon could be requested, it lS not manda-
tory and cannot be enforced ln case of non-compliance. Under an
IIC
AUG 1 4: '979
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Mayor and C1ty Councll
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August 2, 1979
ordlnance all owners can be adv1sed that notlflcation lS manda-
tory and ln the event of non-compliance, legal enforcement can
be carrled out.
Recommendatlon
It lS respectfully recommended that the Councll act favorably
on the recommendation by d1rectlng the Clty Attorney to prepare
an ordlnance along the lines of that proposed and return it for
Councll actlon in the usual course of procedure.
Prepared by: James Lunsford
JL:bt
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AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA RE-
QUIRING NOTIFICATION OF RENTERS
OR LESSEES OF DWELLING UNITS FOR
WHICH CONDOMINIUM CONVERSION PRO-
CEDURES HAVE BEEN INITIATED AND
ESTABLISHING PENALTIES FOR FAILURE
TO DO SO.
WHEREAS, during the past two years the owners of a
slgnlflcant number of apartment houses ln the Clty of Santa
Monlca have inltlated procedures for eventual converSlon to
condomlnlurns; and
WHEREAS, the posslblllty of converSlon may not be
consldered or reallzed by potentlal renters; and
WHEREAS, eXlsting code provlslons requlre notificatlon
of tenants at the commencement of conversion actlvitles but do
not requlre notlflcatlon of subsequent tenants: and
WHEREAS, persons rentlng or leaslng rental unlts may
suffer substantlal lnconvenlence or flnanClal loss by reason
of thelr lack of knowledge of a pendlng converSlon; and
vVHEREAS, the publlC lnterest, convenlence and general
welfare would be served by requlrlng owners of all rental
housing unlts for which condOffilnlum converSlon procedures have
been lnltlated, regardless of the state or extent of such pro-
cedures, to notlfy all potential renters or lessees that such
procedures have been lnltlated and that the possiblllty that
the bUlldlng wlll be converted exists;
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THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS
AS FOLLOWS:
SECTION 1. Whenever a rental unit wlthln any apartment house
or complex for WhlCh any procedure to convert to condomlnlUffiS
has been lnltlated regardless of the nature, status or extent
of such procedure, the owner, or agent or deslgnee, prlor to
completlon of any rental agreement, lease or other contract or
tenancy arrangement, oral or written, ~~all dlsclose that condo-
ffilnlum converSlon procedures have been initiated and the bUllding
or dwelling units may be sold as condomlnlUffiS and the tenancy
terminated.
SECTION 2. Failure of the owner, agent or designee to disclose
the eXlstance or lnltlatlon of condomlnium converSlon procedures
or other failure to comply with the lntent of thlS Ordlnance upon
convlctlon shal1 be gUllty of a rnlsdemeanor punlshable by a flne
of up to $500.00 or lnprlsonment not to exceed 180 days and or
both.
SECTION 3. The Mayor shall slgn and the City Clerk shall attest
to the passage of thlS ordinance. The Clty Clerk shall cause the
same to be published once ln the offlcial newspaper wlthln fifteen
(15) days after its adoptlon. The ordinance shall become effectlve
from and after lts adoptlon.
ADOPTED AND APPROVED thlS
of
, 1979.
Mayor
ATTEST:
Clty Clerk
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APPROVED AS TO FORM:
Clty Attorney
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