SR 04-12-2016 7A
City Council
Report
City Council Meeting: April 12, 2016
Agenda Item: 7.A
To: Mayor and City Council
From: David Martin, Director, Planning and Community Development, Planning and
Community Development
Subject: Introduction and first reading of an ordinance amending Chapters 4.36 and
8.100 of the Santa Monica Municipal Code clarifying various aspects of
temporary and permanent tenant relocation benefits
Recommended Action
Staff recommends that the City Council:
1. Introduce for first reading the attached proposed ordinance amending Chapters
4.36 and 8.100 of the Santa Monica Municipal Code clarifying various aspects of
the temporary and permanent tenant relocation provisions; and
2. Provide direction on the creation of a new Temporary
Relocation Coordinator versus a Housing Crisis First Responder team.
Executive Summary
At its January 26, 2016 meeting, Council directed staff to explore and propose specifics
for establishing a Housing Crisis First Responder team to respond to housing
emergencies. As a result of meetings to review the current framework for addressing
tenant issues, staff determined that various provisions of Chapters 4.36 and 8.100
related to permanent and temporary relocation benefits for tenants and responsibilities
of landlords required clarification to assist with administration of the law and with
enforcement. The proposed ordinance attempts to provide this clarification. In order to
Responder team, staff seeks additional guidance from Council and direction on the
potential creation of a new Temporary Relocation Coordinator in lieu of a Housing Crisis
First Responder Team.
Background
At its August 26, 2015 meeting, staff was directed to focus on maintaining an inclusive
and diverse community as a strategic goal of the Council. Addressing temporary and
permanent relocation issues, including those created during construction or the
performance of basic maintenance is central to this goal.
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At its January 26, 2016 meeting, Council directed staff as part of the FY 2016/17
exception based budget process to explore and propose specifics for establishing a
Housing Crisis First Responder team to respond to housing emergencies.
At its January 12, 2016 meeting, Council directed staff to support statewide legislation
to amend the Ellis Act to require landlords to give one years notice to all tenants of the
termination of their tenancies under the Act and to notify tenants of an intent to re-offer
the property for rent.
At its January 13, 2015 meeting (Attachment A) the Council adopted an ordinance
tenants, by modifying the state-of-mind requirement, clarifying the scope of certain
prohibited conduct, and increasing penalties. The ordinance modified the required state
prohibited conduct as to improper entries into units and invasions of privacy, increased
the maximum potential civil penalty for violations to $10,000, and increase civil penalties
for violations committed against senior or disabled tenants. The ordinance also added
new notice and reporting requirements for owners who engage in buyout negotiations
with tenants.
At its January 14, 2014 meeting (Attachment B), Council adopted an ordinance
amending Section 4.36.085 and 4.36.090 prohibiting agreements that limit tenants from
engaging in public processes.
At its December 13, 2011 meeting, Council adopted an ordinance amending the
Chapter 4.36 and 4.56 of the Santa Monica Municipal Code (SMMC) to increase
permanent relocation benefits; change eligibility requirements for relocation
enhancements; extend tenant harassment protections to all tenants covered by just
cause eviction rules; and correct certain code section references. Preceding the
adoption of this ordinance, a number of public meetings were held with Council
regarding tenant relocation benefits and tenant harassment. For reference the following
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two staff reports are attached from meetings held on September 13, 2011 (Attachment
C) and December 6, 2011 (Attachment D).
At its June 12, 2007 meeting Council adopted an ordinance clarifying and amending the
ion law by requiring that permanent benefit amounts be updated annually
and by making various changes to the temporary relocation law. These changes,
among other things, established deadlines for benefit payments, established per diem
limits on benefits to be set by Council resolution, required the Building Officer to provide
notice to landlords and tenants of their obligations, provided a right of appeal for
landlords and tenants, exempted landlords from the obligation to pay benefits to a
tenant who was entirely or primarily responsible for causing the condition necessitating
the relocation, and modified the remedies for violations. For reference the following two
staff reports are attached from meetings held on May 8, 2007 (Attachment E) and May
24, 2007 (Attachment F)
At its October 23, 2007 meeting (Attachment G) Council adopted an ordinance clarifying
that periodic increases to the amount of permanent relocation benefits that are effective
on or before the date a tenant actually vacates a rental housing unit, are payable to the
tenant even when certain filings or proceedings related to the relocation predated the
effective date of the increase. Thus, for example, when the amounts of permanent
relocation benefits increase on July 1 of a given year, a tenant who vacates on July 15
of that year is entitled to the new amount, even if the landlord is completing an Ellis Act
eviction that was begun prior to the effective date of the increase.
At its October 9, 2007 meeting (Attachment H) Council adopted an ordinance amending
detainer action before a landlord could be liable for bringing a wrongful action to recover
possession of the rental housing unit.
In response to a change in State law, at its July 13, 2004 meeting (Attachment I)
Council adopted an ordinance extending relocation benefits to all residents displaced by
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Ordinance (Chapter 4.36 of the Municipal Code) originally required relocation
assistance for all tenants whose units were withdrawn from the rental market under
Berkeley (1992) 11 Cal App.4th 88, the California Court of Appeal interpreted
Government Code Section 7060.1(c) to restrict local authority on Ellis relocation
benefits to lower income households. In response to the Channing decision, Council
amended the Relocation Assistance Ordinance to limit Ellis relocation benefits to lower
income households. Effective January 2004, the California Legislature amended
Government Code Section 7060.1(c) to broaden local authority on Ellis relocation
benefits to all tenants regardless of income w
holding in Channing.
Discussion
Tenant related issues can range from the straightforward where one agency may be
involved and the concerns are addressed quickly by a responsive landlord, to the very
complex in nature involving multiple agencies and resistant landlords. In the case of
complex cases where tenant related cases cross departmental and divisional lines, the
multiple agencies work together on an ad hoc basis to coordinate efforts, as well as with
non-city non-profit organizations, such as the Legal Aid Foundation of Los Angeles.
This staff report is specific to questions of habitability of a residential housing unit and is
focused on recommendations to address issues related to this topic, particularly as it
relates to temporary relocation benefits, which can be on an emergency basis.
To clarify the various roles and to assist with the discussion of this topic, following is a
summary of the various agencies that are involved in tenant related issues. These
groups coordinate on an ad hoc bases when necessary.
Santa Monica Rent Control Board and Agency - Administers the Rent Control law
with the goal of controlling residential rents, preserving rental housing,
encouraging maintenance, and ensuring rental-property owners a fair return.
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Santa Monica Department of Housing and Economic Development Housing
Division - Responsible for preserving existing affordable housing in Santa Monica
and creating new housing opportunities for residents with low and moderate
Housing Choice Voucher Program (i.e. Section 8).
- Responsible
for enforcing the Tenant Harassment Ordinance (THO) and assists tenants and
property owners with understanding their rights and responsibilities, while
encouraging cooperation.
Santa Monica Department of Planning and Community Development Code
Enforcement Division - The Code Enforcement Division is responsible for
responding to complaints regarding habitability, enforcing relocation orders, and
issuing Notice of Violations and citations.
Santa Monica Department of Planning and Community Development Building
and Safety Division - The Building Officer is responsible for determining if a unit
is habitable, issuing temporary relocation orders when warranted, and
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administering the means and methods requirements when construction work will
be performed to determine and mitigate impacts on tenants.
Los Angeles County Health Department (LACHD) - Responsible for enforcing the
California Health and Safety Code, inspects apartments for health code violations
such as cockroaches and rodents, and lack of maintenance. Investigates
complaints regarding general sanitation, nuisance problems, and excessive dust,
1 If the property is tenant-occupied and, as determined by the Building Officer, the construction work could
impact the habitability of any unit on the property, prior to obtaining a permit, the applicant is required to
submit a construction means and method plan to the Building Officer. The means and method outlines
the scope of the project to identify potential impacts on tenants so that the Building Officer can institute
mitigation measures, including relocation if necessary.
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lead-based paints, asbestos, and mold conditions.
Outside Non-profit tenant serving organizations such as the Legal Aid
Foundation of Los Angeles Advocates for tenants through eviction defense and
advises tenants regarding housing issues.
American Red Cross - Provides emergency temporary assistance to individuals
and families (not limited to tenants) who are displaced by natural and man-made
disasters, including home fires, wildfires, earthquakes, floods, hazardous
materials spills, transportation accidents, and other emergencies. Assistance
may include shelter, food, clothing, toiletry items, clean-up items, medical and
mental health support, and referrals to organizations that help with long-term
needs.
Responder team, staff has reviewed the various and diverse aspects of tenant related
issues which are handled by the multiple government and non-profit agencies outlined
above. Staff also convened meetings with representatives of a number of City
departments, including Building and Safety, Code Enforcement, Human Services,
Housing and Economic Development and Rent Control Agency staff to conduct an after
action assessment of the response to the fire, subsequent relocation of tenants, and the
Ellising of the building at 1605 Ocean Front Walk.
As part of
Santa Monica Municipal Code (SMMC) Chapters 4.36Tenant Relocation Assistant and
8.100Tenant Protection During Construction to clarify existing language regarding
temporary and permanent tenant relocation assistance requirements (Attachment J).
These changes are specific to issues related to temporary relocation due to habitability
(including construction related) and permanent relocation related to when tenants are
being permanently displaced from their homes. Both provisions are currently enforced
by the Planning and Community Development Department via the Building and Safety
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Division and the Code Enforcement Division. As noted earlier in this report, when
tenant issues beyond habitability and relocation arise, Building and Safety and Code
Enforcement staff coordinate with other agencies as needed. Staff also seeks
additional guidance and direction from Council on the creation of a Housing Crisis First
Responder team.
The report also outlines administrative changes to be implemented by these divisions to
ensure greater education of tenants and landlords regarding the requirements of tenant
protections and noticing during construction.
Since January 1, 2015 to March 2016, there have been 46 cases related to habitability
with 17 requiring relocation. These cases may or may not have included other issues
that would have been enforced by Rent Control, such as rent adjustments, or tenant
represented by legal counsel, such as LAFLA. Since this report is focused on
habitability and tenant relocation specifically, other tenant issues are not addressed in
this report. The main conditions that triggered the need for relocation were major
construction and lack of gas/heat. There have been two fires that resulted in relocation.
In most cases, landlords address issues timely without the need to cite or issue an
order, however, there have been cases where landlords have been resistant to paying
relocation or have disputed the requirement to pay relocation.
Proposed Changes to Local Law
staff determined that the laws
related to tenant relocation and tenant protections during construction needed
clarification and improvement. Accordingly, staff recommends the following
amendments:
Definitions
1.
definitions that currently exist.
2.
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outline clearly the conditions that require relocation, and clarify when either
type of relocation is required, which will allow clarification that temporary
relocation is required until such time tenancy is terminated as defined by
State law. These definitions will ensure that in such cases when a tenant is
displaced during an Ellis waiting period, the landlord is required to provide
temporary relocation until such time the waiting period is over, and that the
tenant is then entitled to permanent relocation at the end of that waiting
period.
3.
neither permitted by the City nor lawfully registered with the Rent Control
Board.
Remedies, Appeals, and Penalties
1. Clarify the availability of permanent relocation benefits to tenants who are
displaced from illegal rental housing units that have no building and safety
approval and are not lawfully registered with the Rent Control Board. Staff is
proposing that at least one affected tenant must have resided continuously
within that unit for the past 12 months to be eligible for the benefit, in order to
ensure that residency has been established and to deter abuse of the
relocation process.
2. Add language clarifying that failing to provide relocation assistance would
make the landlord subject to injunctive relief as well as be liable in a civil
action.
3. Add language clarifying that failing to comply with a relocation order issued by
the Building Officer is an infraction with a fine not to exceed $250 or
misdemeanor with a fine not greater than five hundred dollars. Existing law
allows for misdemeanor fines to be up to $1,000 which is in conflict with City
Charter Section 620, which limits misdemeanor penalties to $500.
4. Double administrative citation fines associated with the failure by the landlord
to obtain permits to comply with housing, health, building or safety laws that
then require the relocation of a tenant. For example, if a landlord installs a
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heating system without a permit and the system fails requiring the relocation
of a tenant, any fines for performing work without a permit would be double
the amount established by resolution of the Council. The current fine for work
without permit is $500. If the conditions of this provision are met, the fine
would be fine $1000.
5. Making failure to comply with a relocation order a strict liability offense, which
means that the City Prosecutor would not be required to prove criminal intent
to obtain a conviction.
6. Require landlords convicted of violating tenant relocation requirements
reimburse the City for all investigative costs.
7. Add language clarifying that if the landlord fails or refuses to provide
relocation benefits, and the City chooses to pay such benefits to the tenants
these expenses, plus any administrative fees for doing so.
8. Transfer the hearing of appeals from the Building and Fire Life-Safety
Commission to a City Hearing Examiner to expedite the appeal process.
Clarify that relocation orders are not stayed during an appeal, unless done so
by the Building Officer or the Hearing Examiner. If the landlord wins their
appeal and the Building Officer refused to stay the relocation order, the City
would be responsible for reimbursing the landlord for any relocation expenses
paid. This provision is intended to ensure that the tenant is housed
immediately without any delays due to an appeal.
9. Strike the conditions outlined in the code to determine habitability and instead
rely on State Health and Safety Code Section 17920.3 to guide the Building
application of habitability requirements.
Landlord Responsibilities and Options
1. cooperate with the Building Officer to
ensure tenant can be notified of any relocation order that is issued, make a
and provide tenants with advance notice of any changes to the anticipated
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relocation period.
2.
landlord pay a per diem until such time comparable housing is secured, and
not allow the landlord to switch from comparable housing to per diems once
comparable housing is provided.
3. Clarifying that the time period the landlord has to pay temporary relocation
benefits is 24 hours from when the conditions requiring temporary relocation
are triggered. This will ensure that any delays from when the conditions
began to when staff is made aware of the conditions and able to issue any
necessary orders do not delay the amounts due to the tenant for the actual
periods the conditions requiring relocation existed. This will discourage
landlords from delaying repairs, particularly during the time it may take staff to
complete its investigation.
4. Allow for the landlord to request early termination of temporary relocation by
the Build
for cause, from his/her temporary housing accommodations to ensure that the
landlord is not made responsible for the personal conduct of a tenant.
5. Clarify that relocation benefits are not required if a tenant refuses to vacate
the property in response to a relocation order, since unless a building is
deemed unsafe to enter (e.g. yellow or red tag) and the tenant is ordered to
vacate, a tenant may not be forced to leave.
6. Clarify the exemptions to the requirement to pay relocation to include acts
that are caused by conditions outside of the property such as a terrorist
attack, accident, criminal activity, public utility failure, or conditions created by
an adjacent building. However, staff also recommends the addition of
language making any person, other than the landlord, who causes tenant
relocation, be responsible to provide temporary relocation. This provision
addresses those circumstances where an incident substantially initiated
outside of the property, such as a vehicle crashing into a building, renders a
living unit uninhabitable, the responsible party can be held accountable for the
relocation benefits.
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7. Increase the posting and notification requirements of the landlord related to
construction activities in buildings with tenants to ensure that tenants are
aware of the expected impacts and timeframe for construction projects and
contact information for who to call to report issues.
8. Increase the landlords responsibility to monitor conditions and notify the city
when changes to the project or the occupancy of units changes and submit
updated means and methods documentation to ensure that the Building
Officer is able to update mitigation requirements and/or order relocation if
necessary.
9. When applying for a permit, requiring the landlord to provide a complete
description of all construction related projects at the property that would
commence concurrent with or immediately after the proposed project. This
provision is intended to require a landlord to disclose the full scope of a
project to ensure that staff is able to assess the potential impacts related to
the full scope of a project instead of just one aspect of it.
10. Extend joint liability to a licensed contractor serving as the agent of the
landlord for any violation of the means and methods requirements to ensure
that the contractor, who frequently has a more direct impact on tenants is
motivated to comply.
Housing Crisis First Responder Team
Based on the information available to staff currently, staff does not specifically
recommend the creation of a new team at this time, but instead would recommend the
creation of a Tenant Relocation Coordinator position for permanent and temporary
relocation issues that would report into either the Building and Safety Division or the
Code Enforcement Division. This is due mostly because multiple agencies and non-
profits handle various aspects of tenant related issues, all of whom bring vastly different
focus, skills, and expertise related to tenant issues beyond temporary or permanent
relocation. These various groups currently coordinate as needed depending on the
individual circumstances of each case; however, a full time position which coordinates
the execution of these various resources, as well as monitor construction projects where
tenants are living to ensure tenants are protected during the construction process, may
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the creation of a new team.
Staff seeks guidance from Council on whether the proposed Tenant Relocation
Coordinator, outlined further
direct support to landlords/tenants Council would expect staff to provide that is above
and beyond current policies. For example, currently in the event of a natural disaster or
accident such as a fire, the Red Cross currently provides short term emergency housing
to individuals as it did in the 1605 Ocean Front Walk. Staff secured relocation for the
tenants following the relocation provided by the Red Cross, since the landlord was
unwilling at the time.
emergencies, along with the Police and Fire departments, and actively find and/or
provide housing for displaced tenants in lieu of the Red Cross?
Tenant Relocation Coordinator
The Tenant Relocation Coordinator position, which is recommended by staff in lieu of a
new multi-disciplinary team, would serve as a central contact and facilitator for tenants
when they are displaced or going to be displaced from their home, ensuring
enforcement of Chapters 4.36Tenant Relocation Assistant and 8.100Tenant
Protection During Construction as well as ensuring that displaced tenants needs are
being considered. The position would assess each individual circumstance, respond to
emergencies after hours on an on-call basis, coordinate with other agencies as needed,
as Rent Co
of Los Angeles, and emergency personnel, as well as actively assist tenants with
engaging those resources. The position would also, as needed, engage the Santa
Monica Human Services division and/or the Los Angeles County Department of Social
Services as needed.
to proactively educate landlords and tenants regarding their rights and obligations
related to habitability, construction requirements, and relocation. The position would
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track all construction projects where tenants live, monitoring means and method
approvals and project scope of work to ensure that projects are within the scope of work
approved by the Building Officer, making referrals to Code Enforcement and Building
and Safety as necessary to address non-compliance as a proactive measure to mitigate
potential impacts on tenants. This position would also work with all involved
enfor
and would liaise
agencies to ensure successful prosecution of such cases.
This new position would allow for greater review and tracking of construction projects
that impact tenants and greater proactive coordination of the various agencies when a
tenant is displaced. Staff would continue to evaluate and bring back additional
recommendations for staffing or resources if needed.
Administrative Procedural Changes and Budget
Staff has changed its procedures to issue relocation orders in all cases where a unit is
found to be uninhabitable, even when the landlord relocates the tenant without the need
for an order, to ensure that the City has initiated its enforcement steps early in the
process. This procedure will no longer be necessary should Council adopt the
proposed ordinance. Staff also plans to increase administrative penalties, which can be
issued by Code Enforcement staff, for failing to provide relocation benefits from $500 to
$1000 and creating a new $1000 administrative penalty for failing to submit an updated
means and methods plan when there are changes to the scope of work for a project
where tenants reside.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of
recommended action. If Council directs staff to add the new Tenant Relocation
Coordinator, staff will include this request with the Fiscal Year 16/17 exception based
budget.
Prepared By:
Salvador Valles, Assistant Director of PCD
Approved Forwarded to Council
Attachments:
A. January 13, 2015 Council Action
B. January 14, 2014 Council Action
C. December 13, 2011 Council Action #1 - September 13, 2011 Meeting
D. December 13, 2011 Council Action #2 - December 6, 2011 Meeting
E. June 12, 2007 Council Action #1 - May 8, 2007 Meeting
F. June 12, 2007 Council Action #2 - May 24, 2007 Meeting
G. October 23, 2007 Council Action
H. October 9, 2007 Council Action
I. July 13, 2004 Council Action
J. Tenant Relocation Assistance Ordinance
K. Written comments
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Anne Samartha
From:Denise McGranahan <DMcGranahan@lafla.org>
Sent:Monday, April 11, 2016 3:45 PM
To:Clerk Mailbox; Kevin McKeown Fwd; Tony Vazquez; Gleam Davis; Sue Himmelrich; Pam
OConnor; Terry OÔDay; Ted Winterer
Cc:Marsha Moutrie; Barbara Collins; David Martin; Yibin Shen; Adam Radinsky; Gary
Rhoades
Subject:LAFLA Letter to Council for April 12, 2016 Council Meeting on Agenda items 3-K, 3-T,
7-A
Attachments:Letter to Mayor & City Council.pdf
Importance:High
Follow Up Flag:Follow up
Flag Status:Flagged
PleasefindattachedalettertotheMayorandCouncilmembersfortomorrowƓźŭŷƷƭcouncilmeetingonAgendaItems3K,3T,and
7A.
Sincerely,
DeniseMcGranahan
DeniseMcGranahan|SeniorAttorney
LegalAidFoundationofLosAngeles
16405thStreet,Suite#124|SantaMonica,CA90401
323.801.7966 direct|310.899.6208 facsimile
dmcgranahan@lafla.org|www.lafla.org
TheFrontlineLawFirmforPoorandLowIncomePeopleinLosAngeles
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Anne Samartha
From:Joseph Fitzsimons <jfitzsimons@linkline.com>
Sent:Tuesday, April 12, 2016 1:58 PM
To:Clerk Mailbox
Cc:Steve Carlson; Tracy Condon; 'Craig Mordoh'; Attorney Mailbox; Santa Monica City
Manager's Office; David Martin; Fred Sutton; Tony Vazquez; Kevin McKeown Fwd;
Gleam Davis; Sue Himmelrich; Pam OConnor; Terry OÔDay; Ted Winterer; William
Dawson
Subject:Communication for the Hearing Record to SMCC re Item 7A for Hearing Date April 12,
2016
Attachments:To SMCC re Proposed Tenant Relocation Amendments Item 7A Hearing 04_12_
2016.pdf
Follow Up Flag:
Follow up
Flag Status:Flagged
TotheCityClerk:
Pleasedistributeacopyoftheattachedlettertoallcouncilmembersandincludeitinthehearingrecordrelativeto
AgendaItem7AforthehearingbeforecouncilonApril12,2016.
Thankyouverymuch.
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