SR-071310-8DCity Ccst~r~~ii f~eetir~g:.J€~iy 13, 2414
Agenda it~r~: ~~
To: Mayor and City Council
From: i~4arsha ,Jones ~outrie, City Attorney
Subject: Proposed Amendrrients to Rent Control Law
R~cc~rr~rr€ended ,4cti~a~
1
~~~r~u~d
2
approval -both violations that a tenant could opt to cure with adequate time but would
have difficulty doing during the period of a three-day notice.
Such evictions detrimentally impact both individual tenants and the community as a
whole. For many tenants, including those who are elderly, disabled or ill, the hardship
is acute. 34ioreover, the general welfare is diminished by the loss of stability and
economic diversity within the community.
3
voters that would exempt. certain senior, disabled and terminally ili tenants from
evictions for owner-oocupancy, unless the landlord or landlord's re3ative slated for
Council considered the Board's recommendations and request at its meeting of June 8,
2010 and directed staff to promptly return with a bailot measure to amend the Charter at
the Rlovember election as requested by the Board. Additionally, Council directed staff to
prepare an ordinance for Council consideration that would extend just pause
protections, including the warning natice, to tenants who do not reside in controlled
rental units. And; Council directed staff to provide information on relocation benefits.
Apartment Association, t_egai Aid attorneys and representatives of the Apartment
Associdtion of Greater i_os Angeles. Each of these groups has also expressed their
views to the Counci#.
~iscussicar~
an unlawful detainer action.
5
s
7
Rre~aa°~d by: !Marsha Jones iMoutrie, City Attorney
App~~ve Fts ~rcfec~ to Council:
:~
IM rsha J n s iMou ie Rod Gould - -
C Alto n y City [Manager
Attachments:
A. Draft Changes to City Charter Section 1 X06
8
~TTA~H~~T ~
~~~FT ~~IAP~~~ T~ CITY ~it~7'~ ~E~TI~iV ~~46
{a) too landlord shall take action to terminate any tenancy including, but
not limited to, making a demand for possession of a rental unit, threatening to
terminate a tenancy, serving any notice to quit or other eviction notice or bringing
any action to recover possession or be granted recovery of possession of a
controlled rental unit except on one of the following grounds:
{1) The tenant has failed to pay the rent to which the landlord is entitled
under the rental housing agreement and this F~rticle.
{i} The tenant continues to reside in the yenta! unit.
A. C3ffer the unit to the tenant who vacated it.
B. Pay to said tenant a€l reasonable expenses incurred in moving to
and(or from the unit.
dvii~ ~ landlord rraay neat evict a tenantasr~uant to this Scabsection
d6
etovernment, or from a private entity, on accoaant of a sserrr~anent disability
that ~reventa the person froraa enr~a~in~ in re~oiarg frill-tirtte ern~loyrraent,
occ€~t~y the a~nit a€so meets the criteria for this exern~tion,
{9) The landlord seeks to recover possession to demolish or otherwise
remove the controlled rental unit from rental residential housing use after having
obtained all proper permits from the City of Santa Monica.
{10) The landlord has filed the requisite documents with the Rent
Control Board 'initiating the procedure for withdrawing units from rent or lease
under Government Code Section 7060 et seq. and the Board' s regulations, with
the intention of completing the withdrawal process and going out of the
residential rents! business.
dbl Any written notice as described in Subsections (ald3), d3~ exr dt=S9
ray ressslt its the initiation of eviction ~roceedin~s. The Berard rrtav enact
re~aslations re~ardinc~ reasa~riable notice.
{~S} ~ €~otwithstanding any contrary pfovision in this Section or in the
rental housing agreement, if the tenant' s spouse, child{ren), and(or domestic
partner who has filed an Affidavit of domestic Partnership with the City have lived
in the unit for at least one year at the time the tenant vacates the unit due to
death or incapacitation, the landlord is prohibited from taking any action to obtain
possession o€ the unit from the tenant' s spouse, ohild{ren}, andtor registered
domestic partner on the ground that the spouse, child{ren) and/or registered
domestic partner are not authorized to oocupy the unit.
¢~} IJotwithstanding the above provisions, possession shall not be
granted if it is determined that the eviotion is in retaliation for the tenant reporting
violations o€ this Article, for exercising rights granted under this Article; including
the right to withhold rent upon authorization of the Board under Section 1803{q}
or Section 3809 or for organization other tenants.
~'~
Eviction Counts '1 - i3-(
(according to notices filed with Rent Control)
Non-Pa ment* Breach of Contract Nuisance Owner-Occu' anc Other ! Total
2009 14 44 14 4 22 98
2008 5 55 18 g 10 97
2007 18 50 8 13 10 99
2006 6 77 25 19 20 147
2005 7 98 12 9 19 145
TOTALS 50 324 77 54 81 586
of Total' 9% 55% 13% ' 9% ' 14% f00%
Excluding Non-Payment
TOTALS 324 77 54
~; 81 536
d/off YYf .~tS~`c~" t'ip~ ~ ~4`.`f~~I~ ;
~~~"~ ~~ ~~
~ i
1 i
~ ~~
~``
t" ~ ' ~v n'yy
;
.
0
~~ 9 iw 3 2 a t ~ ~ b!!
X ~
~
~
~ nz r r v x 2 ,
/
~
ti~~
`
3
'
f
°~ rv,~J to ~ 9~
~
~ t s ,q,
1
,
a .
~
, ~.
a
1
I e,»
/0
~.,~
z
~; ..~
~~ r. i
,
~
1d
(
b
A Li ..~W~O
,A. .~ , bfil
~,t.;S~}~ O
* Owners are not required to file notices for non-payment of rent. These numbers likely do not reflect all such notices.
'*Includes things like City compliance orders, removal permits granted, illegal business use, violating City ordinance, criminal behavior.
2010 Non-Pa merit Breach of Contract Nuisance Owner-Occu anc Other i Total
Januar 8 6 1 2 0 17
Februar 5 3 5 0 0 13
March 4 0 5 2 0 11
Aril 0 1 1 0 1 3
Ma to date 5 0 3 0 0 8
TOTALS 22 10 15 4 1 52
of Totaf 42% 19% 29% 8% 2% 100%
Excluding Non-Payment
;
T
otals 10 15 ' 4 1 /{
~ 3V
~W
)
v~~,~(d
~}.. ~J
i~/~~fj~RllQf~~YY~~AOitW.U~~~
6111!!~~ ii tl
t~ ~ I A~ ".•~M '~ 1~a (~ ~ SI
s
~
~ ~d ~ Sx f ~~" Y4
h
~ .l t~{ve-.}f~F 1Y~ Y, ~'v.
1~ 1 ~ k.;1 A 3 {Yh
t
~
~ 1 )
5
y
'
}
~
.
y
,i H 1,
, dr
n ,..1 ~ 4a 6, ~ ..3 ~
._
!~ ~ O
r4 + !~a~N .1eF
~i `"!J 1.i,0
~ ,
.
.Y~t i`r ~
~, ~ ~lf~'
05/27/2010