sr-072210-8a (2)~~c~rnrr€~rtd~c! A~ti~ra
Ex~~~atirr~ ~aaeraary
1
the City and are therefore forced out of the community. This reality can be devastating,
and even life-threatening, €or tenants who are elderly, disabled, or terminally ill.
limitation prohibiting owner-occupancy evictions of elderly, disabled, and terminally-iii
patients unless the proposed owner-occupant was also elderly, disabled, or terminaliy-
iil. The Hoard also recommended that Counoil consider ma~Cing these two protections
2
available to all tenants, consider extending the requirement of good cause for eviction to
tenants living in uncontrolled units, and consider enhancing relocation benefits. Council
considered these recommendations on June ~ 201C} and directed staff to evaluate the
options and prepare a proposal.
tenants.
The Legal Aid Attorney also testified that she has defended a number of tenants who
were evicted for trivial violations that would likely have been cured pursuant to a
warning notice. These cases included situations in which tenants needed time to find
3
new homes for pets or needed time and help to remove clutter from the premises,
among other situations. She also explained that many of her olients were at risk of
becoming homeless and/or were Subject to acute transfer trauma because of age and
infirmity.
After hearing publio test°smony and deliberating on the newly received information,
Council directed staff to return with alternative ballot measures, including good cause
protections for tenants in uncontrolled units, warning notice requirements like Oakland°s
far all tenants, and limitations on owner occupancy eviction to protect both landlords
and tenants who are elderly, disabled ar terminally ill.
Proposition" ". shall fhe City Charter be amended to protect tenants living in renf
controfled apartments by requiring a landlord who seeks to evict a #enant for a rentaf
agreement violation (other than nonpayment of rent} to first serve a warning notice
giving fhe tenant reasonable time to correct fhe violation and by prohibiting eviction of
tongyterm elderly, disabled, and terminally iii tenants for owner occupancy unless the
proposed owner-occupanf is also elderly, disabled, or terminally ill?
If adopted; this measure would give Santa Cvionica tenants living in oontrolled units the
same warning notice protections that were upheld by the Court of Appeal in the Oakland
case. APso, like Oakland`s ordinance, it would also protect the most vulnerable tenants
against owner-occupancy eviotion unless the proposed owner-occupant was also a
member of one of the three protected classes.
4
~`he second attachment inciudes proposed amendments to the City. Charter and a
resolution that would place a measure on the ballot applicable to tenants in uncontrolled
units and worded as fellows:
Proposifion "' ".Shall the Gdty Gharfer be amended to protect tenants in nonrent-
controfded undfs and preserve community stabidify and diversity by adding requdremenfs
that landlords show good cause to evict tenants from unoontro(led units and serve
warning notices giving fenants reasonable time to correct vdodations of rented
agreements; except nonpayment of rent, and by prohibiting eviction of long-term elderly,
disabled; and fermdnalfy ill tenanfs for owner occupancy unless the proposed owner-
occupant is also edderfy; disabled, or terminally ifd?
disabled, or terminally-iii).
5
not yet clear what: if any, administrative apparatus should be established to effectuate
and enforce the new Saw if it passes; and Council may address that matter separately as
is stated in proposed Section 2305.
both the first and second measures could be placed on the ballot simultaneously.
The third attachment includes proposed Charter amendments and a resolution that
would place a measure on the ballot applioable to all tenants, worded as follows:
Proposition "' ": Shalt the City Charter be amended to protect all tenants and preserve
community stability and diversify by adding requirements that a landlord show goad
cause to evict any tenant and serve a warning notice giving reasonable time to correct a
rental agreement violation, except nonpayment of rent, and adding a prohibition against
evicting long-term elderly, disabled. or terminally ill tenants for owner occupancy unless
the proposed oanrner-occupant is also elderly, disabled, or terminally ill?
This measure would combine the substance of the first two proposed measures into
one.
6
A~a~rov~~: ~ ~rdd tc~ Cou~ci~:
0 c ~°,
~""'' --
ar~ Jo fvtoutrie Rod Gould
City Attorn City Manger
7
A-fTACI°i~AEh1T A
City Council Meeting 7-22-2010 Santa Monica. California
RESO~u~rlo~ r~uMSER {ccs}
{City Council Series}
WHEREAS, there is a severe shortage of of€ordable housing in Santa
Monica, and the cost of market-rate rental housing continues to soar; and
WHEREAS; since the inception of vacanoy decontrol the extreme disparity
between controlled and market rate rents in Santa Monica creates a significant
financial incentive for landlords to evict long-term tenants from controlled rental
units; and
WHEREAS: while many landlords treat tenants fairly, others use relatively
minor, correctable violations of rental agreements to evict tenants; and
WHEREAS, tenants faced with eviction for such minor violations often da
not have reasonable time to correct them; and
1
WHEREAS, in addition to evicting tenants for minor vioiatians, some
landlords use owner oocupanoy as a basis for unfairly evioting tenants who are.
eidsrly; disabled or terminally iil; and
WHEREAS, tenants who are evicted from controlled rental units in Santa
IU~onioa usually cannot find replacement housing within the City and are therefore
foroed out of bath their homes and their oommunity; and
WHEREAS, many tenants evicted from cantrolled units are at risk of
becoming homeless; and
WHEREAS, far many tenants, especially those who are elderly, disabled
or very ,i(I, the oonsequences can be devastating, both physically and
emotionally, and oan even threaten their lives; and
WHEREAS, the harm is not lirnited to displaoed tenants, such evictions
also threaten public welfare by damaging the community's social stabiiity, and
diminishing its economio and racial diversity; and
WHEREAS, protections in the farm of warning natioes affording tenants
WHEREAS, the proposed Charter provisions requiring warning natioes to
give tenants reasonable time to correct rental agreement viafations and to proteot
elderly; disabled and terminally ill tenants from owner-oooupanay eviction wiil not
unfairly disadvantage landlords because they will remain able to evict tenants far
NdW, THEREFdRE; THE CITE CdtJNCIL dF THE CITY dF SANTA
(vtdNICA DOES RESdLVE AND PRdCLAIM AS FdLLdWS:
SECTIdN 1. A General fvlunioipai Election has been called for or November 2,
20103, far the purpose, among other things, of eleoting City Council members and
submitting measures and ballot propositions to the voters.
3
SECTION 2. At the General [vtur~icipal Election called far November 2, 2Q10, the
following initiative proposition shall be submitted to the qualified electors of the City of
Santa iUtanica:
PROPO~fT1C?/V " '°: Shall the City Charter be amended to ~
protect tenants living in rent controlled apartments by Yes
requiring a landlord who seeks to evict a tenant for a rental
agreement violotion {other than nonpoyment of rent) to first
serve a warning notice giving the tenant reasonable time to
correct the violation and by prohibiting eviction of Iong-term
elderly, disabled and terminally ill tenants for owner
occupancy unless the proposed owner-occupant is also efderfy, No
disobfed or terminally ill?
4
~~~Ti~i .. ~" ray ~~~~sf ah~a~r~~~~ e~~ r~~°r~~r~, ~~ ~~I(~v~~, ~~ ~~i~ ~vri#~~~
~rg~~l~r~~~ fear ~r ~g~ir~~ ~h~ ~~~€~r~ d~~~rib~d ~~~~ d is i~ ~t~~~~irt~d i
~~ibig ~ ~~ ~i~ €~~~~ifii~, ~riv ~~~i~3it i~ i~~rp~r~fi~d y r~f~~-~~~~ €~r~i~:
~~:
~~~~~:
Richard Bloom
None
ail ri~~ rg~~r7~~ fiD~d ~~ ~r~y p~rc~r~ i ~~~r ~~ ~r ~g~ir~s~ ~ r~;~~r~,
~~~T9{~i~ ~. ~h~ pity ~l~riT uhf[ ~~~.€~~ ~h~ ~~ ~f ~~ ir~i~i~tiv~ r~s~~~~r~, 41U~"li~^~$
5
publioation. The City Clerk is authorized to cJive such notices and fo fix such tunes and
dates as are required by law ar which are appropriate to conduct properly the eleotion.
SECTIOIN 6. The provisions of ~esolufion (Numbers 104II2 (CCS}, 1fl483 (CCS},
SECTIORI 7. The City Clerk shall certify to the adoption of this Resolution, and
fhenoeforth and thereafter the same shall be in full foroe and effiecf.
APPROVED RS TO FORM:
rC,~J ~ ~'L~-
MA ~N~ J ES MOIJT !E
City ~ftorn y
6
Section 1$06 of the Cify Charfier of Santa Monica shall be amended as follows
~Uotwithstanding any contrary provision in this Section, and notwithstanding any
contrary provision in the rents[ housing agreement, a landlord shall not take any
action to terminate a tenancy based on a tenant' s sublease of the unit if the
following requirements are met:
{i) The tenant continues to reside in the rents! unit.
A. Offer the unit to the tenant who vacated it.
B. Pay to said tenant all reasonable expenses incurred in mov°sng to
and/or from the unit.
(9) The IandCord 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 Soard initiating the procedure for withdrawing units from rent or lease
under Government Code Section 7{760 et seq. and the Poard' s regulations, with
the intention of completing the withdrawal process and going out of the
residential rental business.
fib) ~n written notice as describesi ire Subsections la){2), d3~ or (61
shah be served by the landlord a reasonable period prior to serving a
notide to terminate tenancy and shah inform the tenant that a failure to cure
a~nay result in the initiatiorB of eviction proceeciincls. 'The hoard may enact
regulations re~ardin reasonable noticed
{-f3-) ~} hlotwithstanding any oontrary provision in this Section or in the
rental housing agreement, if the tenant' s spouse, child{ren), andtor domestic
partner who has filed an Affidavit of ®omestic 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 acfiion to obtain
the tenant's treating physician for purposes of this subsection "disabled„
rr~eans a ~serson who is receivins~ benefits frorra a federal, state, or locaB
ATT~ACHME~iT B
City Counci! Meeting 7-22-2010 Santa Monica, California
RESC)LtJ~ffORt NUMSEft ~ {CCS}
{City Council Series}
WHEREAS, there is a severe shortage of affordable rental housing in
Santa Monica and the cost of market rate rents! housing continues to soar; and
WHEREAS, tenants living in uncontrolled units currently have no protections
against unjust. evictions, including evictions based on relatively minor and correctable
violations of rents! agreements; and
WHEREAS; while many landlords treat tenants fairly, others arbitrarily and
unjustly evict tenants; and
WHEREAS, some unjust evictions are based on relatively minor and correctable
rental agreement violations; and
WHEREAS, other unjust evictions are undertaken without a stated cause but are
actually motivated by discriminatory intent; and
1
NOW, THEREFORE; THE CITY COtlNCIL OF THE CITY OF SANTA MONICA
DOES RESOLITE AND PROCLAIM AS FOLLOWS:
SECTION 1. A General Municipal Election has been called for or November 2,
2010, far the purpose, among other things; of eleoting City Council members and
submit#ing measures and ballot prepositions to the voters.
SECTION 2. At the General Municipal Election oalled far November 2, 2fl1fl, the
follawing initiative propasition shall be submitted to the qualified electors of the City of
Santa Monica:
PROPOSIT/C3lV " ": Shall the City Charter be amended to
protect tenants in uncontro!!ed units and preserve community Yes
stability and diversity by adding requirements that landlords
show good cause to evict tenants from nanrent-cantrolted i
units and serve warnfng notices giving tenants reasonable
time to correct vtolatrons of rents! agreements, except
nonpayment of rent, and by prohibiting eviction of long-term ~
elderly, disabled and terminally ill tenants for owner- ~ No
occupancy unless the proposed owner-occupant is also elderly,
disabled ar terminatfy i!!?
SECTION 3. The City Clerk shall transmit to the City Atkorney, in aooordance
before the City Glerk submits the offioial election materials for printing, the Gity Clerk
shall make a copy of all applicable elections materials available far public examination
in the Gity Clerks office.
SECTIOh4 4. The City Gounoil authorizes its members, as follows, to file written
arguments for or against the measure desoribed above and which is contained in
Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein:
FC3R:
AGAIhlST:
,411 written arguments filed by any person in favor of or against any measure;
SECTIt~1V 5. The City Clerk shall cause the text of the initiative measure, which
is contained in Exhibit 1, together with the City Attorney impartial analysis, and any
arguments for or against the measure, as well as any rebuttal, to be rnailed to all
qualified voters with the sample ballot. In addition to other notioes and publications
SECTIt7hJ 7. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
AF'I~ROIl~ AS T{) FC3RM:
S s ~:
tvI SFiA NES MO TRIE
Cit Attar e
5
F'~~~~~L C3F i'hl~ CIY~ C~l1M1flCf~ {3F ~P+lTA ~iIC9~31~~; 7'~ AI~iV® 1`Fi~
Cli°°t CIiAFt°f~
Article XXII! shall be added to the City Charter of Santa ~lanica as fallaws
230{3 ~tat~rat~a~t ~~ P~rp~~e
2301 ~indirt~
2342 ~~#~rs~~~cara~.
23U3 E~eptl~ns
This artiole shall not apply to the following types of rental units:
230 Susf ~auae for ~vieY~ora~; Notioe~ to ~~a~~
{1) The tenant has flailed to pay the rent to which the landlord is entitled
under the rental housing agreement.
~i) The tenant continues to reside in the rental unit.
4
who is receiving benefits from a federal, state, or local government, or from a
private entity, on account ofi a permanent disability that prevents the person from
engaging in regular; full-time employment.
Notwithstanding the above, a landlord may evict a tenant who qualifies for
the exemption if the landlord or enumerated relative who will occupy the unit also
meets the criteria for this exemption.
{9) The landlord seeks to recover possession to demolish or otherwise
change the use of the rental unit after having obtained all proper permits from the
City of Santa Monica
6
2305 I rr~ plersaer~fatian
The City Council may exercise its broad authority #o prated community
health, safety and welfare by, among other things, adapting ordinances,
resolutions or regulations to implement and effectuate the provisions of this
Artiele, including but not limited to provisions relating to exemptions, just cause,
notices, comparability of units; and good faith. Additionally, the City Council may
create any administrative mechanisms it deems necessary far this Article's
implementation.
2307 partial 'arsvalitlity.
230 Civil ~8errv~die~.
7
2309 ~r~rntroa9 rerrsediea.
Any landlord violating this Arkicie shall be guilty of a misdemeanor. Any
person convicted of a misdemeanor under the provisions of this Artiole shall be
punished by a fine of not more than five hundred {$500.fl0} dollars or by
imprisonment in the county jail for a period not exceeding six months, or by both
suoh fine and imprisonment.
Reference Resolution No.
10514 (CCS).