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Council P4tg. -?3-79
Sa i PRonica, California
SAN 3 ?8T9
TO: Mayor and City Council
FROb1: City Attorney
SUBJECT: ORDINANCE LIMITING OF RENT RAISES PERMISSIBLE s^dITHIN
ONE (1) YEAR.
Introduction
This report transmits for introduction and first
reading an ordinance limiting the number of rent raises per-
missible on a unit of residential real property to one (1)
per year.
Background
At its meeting of January 9, 1979, the City Council
directed the City Attorney to prepare an ordinance limiting
the number of .rent raises permissible for any residential unit
that had not been voluntarily vacated to one (1) per year.
The attached ordinance accomplishes this by adding Chapter'6 to
Article IV of the Santa Monica b4unicipal Code.
The rent limiting ordinance is a non-confiscatory
_forrr of rent regulation. It is based on the recognition
by the Council that some abuses and inflationary rent raises
are occurring within the Santa Monica rental housing market.
r^actual suuport for ti;is exercise of the police power may
be found in the staff reports and public comment at the City
Council 'Zeetinas of September 12, 1973 and January 9, 1979,
JAN 2 ~ 1973
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Council :Mtg. _-23-79
Sar A4onica, California
concerning the regulation of rental property.
The first section of the proposed ordinance contains
a legislative finding that abuses exist in the rental housing
market and states a legislative purpose to curb those abuses. ^1 he
second section of the proposed ordinance recognizes the existence
of state law governing landlord-tenant relations and unlawful
detainer actions, as well as the charter initiative that
will be placed on the April 10, 1979 ballot. This section
declares that the rent limit la~•~ is intended to be construed
in harmony with the state procedures and independent of any
comprehensive rent control provisions.
The heart of the ordinance is contained in Section 3,
which provides that during the period covered by the ordinance,
January 23, 1979 to December 31, 1930, no landlord of any
residential rental unit within the City of Santa Monica may
increase the rent for that unit if the rent has already been
increased within a previous twelve (12) month period. These
provisions do not apply to residential units that have been
voluntarily vacated by tenants, or where the tenant has been
evicted for non-~oayment of rent, misconduct, or other similar
cause.
The ordinance does not contain a separate remedy
section. Under Sectior. 1200 of the Santa "Monica Municipal
Code a violation of any code section is both a misdemeanor
and a public nuisance; criminal prosecution or injunctive
_~_
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Council Mtg. 1-23-79 Sang ionica, California
relief may be had in an appropriate case.
Alternative Solutions
As this ordinance was prepared at the express direction
of the City Council, alternative solutions are not applicable.
Recommendation
It is respectfully recommended that the;Cty Council pass the
attached ordinance for introduction and first reading.
Prepared By: Richard L. ?knickerbocker, City Attorney
Stephen Shane Stark, Assistant City Attorney
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