SR 08-14-2018 7D
City Council
Report
City Council Meeting: August 14, 2018
Agenda Item: 7.D
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Introduction and first reading of an ordinance amending articles IV and VIII of
the Santa Monica Municipal Code by updating tenant relocation assistance
and tenant protection during construction laws
Recommended Action
Staff recommends that the City Council introduce for first reading the attached proposed
ordinance amending Santa Monica Municipal Code Chapters 4.36 Tenant Relocation
Assistance and 8.100 Tenant Protection during Construction.
Executive Summary
As a city with a majority of its population residing in rental housing, tenant protection is a
high priority for the city. In the face of a regional and even national crisis in housing
affordability caused by rents increasing at a pace faster than growth in household
incomes, the pressure of market forces is increasing the frequency and intensity of
friction between landlords and tenants, particularly over rehabilitation construction that
while representing reinvestment in our housing stock can be disruptive to the lives of
existing tenants.
This report provides a summary of the City’s current approach to tenant relocation
assistance and protection, and includes recommendations for amendments to the Santa
Monica Municipal Code (Attachment A) to enhance the City’s ability to assist and
protect tenants faced with construction impacts and relocation. The proposed
recommendations focus on tenant safety, promote tenant/landlord communication,
expand tenant protections and clarify existing provisions of the Municipal Code.
While various forms of tenant protection have been in place and codified in the
Municipal Code for many years, the City Council has taken several proactive steps in
the past few years to further enhance our tenant protection methods and programs.
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These steps include the creation of a Neighborhood Preservation Coordinator position
and the adoption of several ordinance amendments intended to provide more protection
for tenants subject to construction impacts. While recent steps have improved
protections for tenants, staff has identified additional measures that are recommended
to further enhance our tenant protection program. These recommendations range from
changes to internal procedures to amendments to the Municipal Code and are fully
described in the body of this report.
Background
Tenant relocation assistance was first established by the City Council in 1986. Various
ordinances were adopted over the years establishing additional protections related to
temporary and permanent relocation benefits and specific protections during
construction.
More recently at its April 12, 2016 meeting, Council approved the creation of a new
Temporary Relocation Coordinator (subsequently renamed Neighborhood Preservation
Coordinator) position to serve as a central contact and facilitator for tenants when they
are temporarily displaced from their home. The position was envisioned to assess each
individual circumstance, coordinate with other agencies as needed, and educate
tenants regarding resources available based on the tenant’s issues. The position would
coordinate with the City Attorney’s Office, Rent Control, and Housing to proactively
educate landlords and tenants regarding their rights and obligations related to
habitability, construction requirements, and relocation.
Additionally at the April 26, 2016 meeting, Council adopted an ordinance (Attachment B)
clarifying laws related to tenant relocation (Santa Monica Municipal Code (SMMC) 4.36)
and tenant protections during construction (SMMC 8.100). The clarifications included
changes or additions to the Code related to definitions, remedies, appeals, penalties,
landlord’s responsibilities and options. One change allowed landlords the option of
providing per diem relocation benefits in lieu of comparable rental housing for temporary
relocations anticipated to be 30 days or more. Another change struck specific
conditions that would render a unit as uninhabitable and instead inserted reference to
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the State Health and Safety Code Section 17920.3 to guide habitability determinations.
Previously, the City’s Code indicated that construction would impact a unit’s habitability
if any of the specific conditions outlined in the City Code existed for a period exceeding
one working day. The language that set a timeframe of one working day was removed.
At its March 28, 2017 meeting, Council adopted an ordinance (Attachment C) requiring
temporary relocation benefits to tenants who are displaced and relocated as a result of
retrofitting as required by the City’s Earthquake Retrofit Ordinance.
These programs were implemented to prevent tenants from being subjected to unsafe
conditions during construction, prevent temporary homelessness when tenants must
vacate their units due to substandard conditions that render their homes temporarily
uninhabitable, and reinforce a tenant’s right to return to their home once habitability is
restored.
Discussion
In January 2017, the City hired the Neighborhood Preservation Coordinator to assist
with the coordination of issues related to tenant safety during construction and
relocations whether planned or unplanned. The title of the Temporary Relocation
Coordinator was subsequently changed to Neighborhood Preservation Coordinator to
provide more flexibility in the duties that would be performed by the position. The
primary duties of the Neighborhood Preservation Coordinator are to assist tenants with
questions and ensure that they are directed to the correct resource based on their
issue. When necessary, the Neighborhood Preservation Coordinator also facilitates
meetings and serves as a central point of contact for more complex issues related to
tenant protections and relocations, involving various staff and agencies as appropriate.
Code Officers and Building Inspectors also provide tenants with the contact information
for the Neighborhood Preservation Coordinator to assist with navigating the various
questions or concerns that may arise. The Neighborhood Preservation Coordinator
also reviews Means & Methods plans (M&M) and has begun a comprehensive review of
the City’s practices regarding tenant protection during construction and temporary
relocations due to substandard housing conditions. The Neighborhood Preservation
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Coordinator has also gathered information by performing document searches, reviewing
temporary tenant relocation programs and tenant protections of other cities, staff
interviews, site visits, and data collection from the City’s land use and permitting
management system (Accela).
Based on observations from the Neighborhood Protection Coordinator and staff’s
experience in implementing the City’s Tenant Protection programs, staff is
recommending a series of process modifications and ordinance changes. These
recommendations are presented in the following 3 sections:
Section 1 – Planned Temporary Tenant Relocations During Construction
Section 2 – Habitability and Unplanned Temporary Tenant Relocations
Section 3 – Permanent Relocation Assistance Exemption
Section 1 - Planned Temporary Tenant Relocations During Construction
Chapter 8.100 of the SMMC requires construction mitigation plans, referred to as
Means and Method Plan (M&M Plan) detailing potential impacts on tenants from repair
and construction activities. In some cases, repair or construction work may render the
unit unsafe or uninhabitable, requiring the owner to relocate the tenant. For the purpose
of this report, these relocations are referred to as “planned relocations”. There are
currently 11 households in Santa Monica that are displaced due to planned relocations.
The City continues to experience a high volume of rehabilitations of residential buildings
and the number is anticipated to grow with the City’s implementation of the Seismic
Retrofit Program. As of June 28, 2018, there were approximately 1100 active alteration
permits within approximately 800 multi-unit properties of which 300 of the properties
(approximately 40%) are rent controlled. Of the 300 rent controlled properties, two
hundred and sixty (260) of the permits include M&M plans.
Tenants can be subjected to unsafe conditions during periods of construction. Tenant
housing advocates, Rent Control staff, and Commissioners have expressed concern
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that the impacts of construction could be used to encourage tenants to accept buy outs,
which could in some cases rise to the level of tenant harassment.
Tenant harassment could arise in a wide variety of fashions. Given Code
Enforcement’s and the City Attorney’s Office’s Consumer Protection Division’s
respective expertise and investigative resources in combating differing types of
harassment, the two entities have agreed to focus their investigative resources in areas
that are most appropriate to their capabilities and capacities. As a result, the Code
Enforcement Division recently began handling certain actions by landlords related to
potential harassment, which has allowed for a quicker response, such as tenant
harassment related to buyout violations, lockouts, or delays in addressing habitability
issues at a property.
Construction or repair work, although inconvenient, may not rise to the level of a safety
concern. This distinction was contemplated during the June 29, 1999 Council Meeting
(Attachment D) where staff recommended that the Rent Control Board adopt
procedures to address situations where a rehabilitation project does not threaten the
safety or welfare of the tenants yet constitutes a disturbance or inconvenience for
residents. Rent Control has a process to review disturbances, inconveniences and loss
of amenities related to residential rehabilitation. Tenants who are not satisfied with
mitigation measures offered by the landlord can seek relief from Rent Control. Rent
Control can provide mediation assistance to the tenant and landlord in finding
appropriate mitigation measures. If Rent Control involvement does not resolve the
issue, the tenant can request a hearing before a Rent Control Board Hearing Officer for
the implementation of a temporary rent decrease for the period of construction
disturbance and/or relocation.
Key observations, actions, and recommendations of tenant safety during construction
and planned relocations include:
1. Observation: Lack of Tenant Occupied Unit Tracking - The city’s land use and
permitting system did not track tenant occupied buildings with active building
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permits and any associated M&M or relocation plans. Additionally, Building
inspectors did not always know if the buildings they were inspecting were tenant
occupied.
Action/Recommendation: In March 2017 staff added new tracking fields to the
City’s permit database and began stamping permits to identify properties with
M&M Plans. Staff can now run reports identifying tenant occupied buildings with
active building permits and Building inspectors can quickly identify tenant
occupied buildings and escalate tenant safety concerns they observe.
2. Observation: Insufficient M&M Plan Form – The M&M Plan forms being used
was narrative in format and broad in nature (Attachment E). It did not capture
sufficient information on potential impacts and failed to capture adequate
information to evaluate potential impacts.
Action/Recommendation: In October 2017, staff implemented a more
comprehensive M&M Plan (Attachment F) to garner more information from permit
applicants. The new plan requires the applicant to respond to specific questions
related to common construction impacts, requires the applicant to estimate the
duration of the anticipated impacts, requires the applicant to identify mitigation
measures, and notifies tenants and permit applicants of certain tenant rights.
3. Observation: Limited M&M Plan Review - The M&M Plan review is currently the
responsibility of Plan Check Engineers. Plan Check Engineers are primarily
responsible for reviewing all construction plans for compliance with the building
code and conduct a limited review of the M&M Plan. Due to the volume of
building permits, the City has relied primarily on the permit applicant to disclose
construction impacts on tenants and to disclose if the planned construction will
require tenant relocation. These disclosures do not always fully articulate the
extent of tenant impacts.
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Action/Recommendation: Staff experimented informally with how to evaluate the
M&M Plans review process. To gain a better understanding of the potential
impact of construction on tenants, a Building Inspector who was on light duty to
work with the Neighborhood Preservation Coordinator was assigned to assist
with reviews of M&M Plans. Starting in August 2017, the Building Inspector and
the Neighborhood Preservation Coordinator began reviewing projects that met
specific criteria for potentially high tenant impact in conjunction with the Plan
Check Engineers. . The inclusion of a Building Inspector with extensive
construction experience and a comprehensive understanding of building code
provided more relevant expertise to evaluate the practical implications of the
proposed construction. The results of the review included the development of a
more comprehensive M&M Plan (Attachment F).
4. Observation: Impacts - Safety vs. Inconvenience - The degree of the
construction and tenant impacts vary depending on the scope of work of a
particular project. It is difficult to assess the compounded impacts due to
expanding scopes of work and multiple M&M Plans. For example, an owner may
submit plans for one or two interior remodels for units initially, but over time may
add other projects, such as additional units or work in common areas. Separate
M&M Plans are then submitted for each permit request.
Action/Recommendation: Staff is in the process of implementing additional
changes to address the varying degrees of construction as it relates to M&M
Plans. For instance, soft story seismic retrofits do not typically impact the
habitability of units. Beginning in February 2018, applicants for soft story retrofits
where the proposed work does not impact habitability, can complete a Means
and Method Acknowledgment (Attachment G) in lieu of the standard long form
M&M Plan. This saves City staff time for projects that are not likely to create
safety impacts on tenants. If the property is Rent Controlled, impacts not
related to safety, such as loss of laundry facilities, would be addressed by Rent
Control. An applicant is required to sign the Soft-Story Means & Methods
Acknowledgment form prior to the permit being issued acknowledging the tenant
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protections during construction and tenant relocation requirements mandated by
SMMC, and agreeing to abide by these, and all other applicable requirements of
the SMMC.
In addition to the soft story retrofits, tiered plan review timelines are being
implemented by Building and Safety to correlate with the varying levels of
construction thresholds. Scope of construction can vary from a simple water
heater replacement to a significant remodel of an existing multi-family residential
building. Staff is mirroring the M&M Plan review process to correlate to these
same tiers, including the implementation of a tiered M&M Plan form. A limited
M&M Plan, that includes a limited number of construction impact questions that
could impact habitability, would be allowed for same day permits. A full M&M
Plan will be required of all other plan checks and will include a supplemental form
that includes an extensive list of questions related to common construction
impacts. The improved process would align the M&M Plan review with the plan
check review process to more efficiently address varied scopes of work without
adversely impacting processing timelines for smaller projects and/or projects with
generally low construction impacts. Projects that require a full M&M Plan would
require proof of tenant M&M Plan notification prior to permit issuance and
projects that meet medium and major plan check thresholds would include a
tenant comment period and require staff meetings with owners. The table below
illustrates the proposed plan check thresholds and corresponding M&M Plan
(Attachment F).
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5. Observation: Tenant Noticing and Tenant/Landlord Communication -
Construction related tenant complaints are often the result of a lack of
1 M/E/P is abbreviation for Mechanical / Electrical / Plumbing thresholds. For example, the amount of AMPs being
installed for a new electrical panel.
Same-Day Review
(Subject to M/E/P1
Thresholds)
Minor Plan Review
(Subject to M/E/P
Thresholds)
Plan Check
Review
(SFR/Medium)
Plan
Check
Review
(Major)
Initial
Review Same-Day 5 Days SFR 4 weeks
Med. 3 weeks 5 weeks
Resubmittal
Review Same-Day 2 Days 2 weeks 3 weeks
Means &
Methods
Limited Means &
Methods Plan
Full Means & Methods
Plan
Full Means &
Methods Plan
Full Means
& Methods
Exterior façade
remodel/repair
Non-structural interior
remodel of one unit
that does not
increase bedroom
count or change Fire-
Life safety systems;
Fences/walls more
than 6 ft. in height;
Re-roof involving
removal and
replacement of
tiles/shingles only;
Window/door retrofit;
New or replaced
HVAC/mechanical
equipment w/ no
structural;
Decks and Patio
covers at-grade;
Chimney repair;
Minor electrical
(new/replace fixtures)
where service
restored same-day;
Minor plumbing
(gas/water shut-off
valves, water heater,
new/replace fixtures)
where no new
plumbing branches
proposed, and
service restored
same day.
Interior demolition or
remodels that affect
Fire-Life safety
systems;
New standard pool/spa;
Re-roof involving
removal of sheathing,
truss, or structural
members;
All other projects that
do not qualify for Same-
Day Review.
Simultaneous non-
structural interior
remodel of more than
one unit that does not
increase bedroom
count;
Window/door
replacement beyond
retrofit (involving
wall/stucco/header
removal);
Electrical or plumbing
requiring extensive wall
removal or lack of utility
service for more than 1-
day;
Sandblasting.
Structural
interior remodels
less than
2,500SF or
increase
bedroom count;
Additions of
500SF or more;
All other projects
that do not
qualify for Minor
Plan Review or
exceed M/E/P
thresholds.
New multi-
family
residential
projects;
Structural
interior
remodels
2,500SF or
more or
increase
bedroom
count.
All other
projects
that do not
qualify for
SFR/Med.
Plan Check
Review.
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communication. Owners and property management companies may not be
aware of the M&M Plan submitted to the City by a permit applicant, which is most
often the contractor. The contractor may not convey to sub-contractors that
some units on the property are tenant occupied and that there is a M&M Plan in
place. Additionally, tenants may not receive copies of the M&M Plans, or the
tenant notice required by the SMMC.
The SMMC requires the landlord to provide tenants with a copy of the M&M Plan
contemporaneous to the applicant’s submittal to the City in all cases.
Additionally, tenants are required to receive a notice that includes several tenant
rights during construction; however, this notice isn’t required until after a permit is
issued. The notice requires only that the permit applicant provide the tenant
rights notice within 5 days of the permit being issued and must wait 5 days after
the tenants are notified to begin construction. This wait period does not account
for smaller or urgent projects and for larger projects, it is too late in the process to
provide any meaningful notice.
Action/Recommendation: Staff recommends amending the SMMC to modify the
tenant noticing period to take into account the scope and nature of the proposed
work. The proposed amendment would allow tenant notification to be
established through administrative regulations. The proposed regulations would
align the tenant noticing requirements to the plan check thresholds. The table
below illustrates the proposed plan check thresholds and corresponding Tenant
Noticing Requirements.
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6. Observation: Relocation Plans – According to the SMMC, approval of a
relocation plan is required prior to permit issuance if the Building Officer
Same-Day Review
(Subject to M/E/P)
Minor Plan Review
(Subject to M/E/P)
Plan Check Review
(SFR/Medium/Major)
Tenant
Noticing
The permit applicant must
provide the approved
Means and Method Plan
to all affected Tenants
within five days of permit
issuance and cannot
commence work until 24
hours after notice is
provided to Tenants,
unless the work is an
emergency repair or
tenants have been
temporarily relocated
because the unit was
deemed uninhabitable.
The permit applicant
is required to provide
the approved Means
and Method Plan to
all affected Tenants
prior to the issuance
of the building permit
as evidenced with
the submittal of proof
of service to the City.
The permit applicant
must provide a draft
Means and Method
Plan to Tenants, with
proof of service to the
City, on or about the
same time a draft is
provided to the City.
The Tenants will have
10 days to submit
comments to the City.
The permit applicant
may be required to
amend the draft Means
and Method Plan to
address Tenant
comments. No building
permit will be issued
until City reviews and
approves the Means
and Method Plan.
The City may require a
staff /owner meeting for
projects with significant
construction impacts
prior to Means and
Method Plan approval.
Tenant
Relocation
If the Means and Method
plan demonstrates that
the work being performed
may require that Tenants
be temporarily relocated,
the building permit
application will be subject
to additional review and
may not be approved the
same day.
If the Means and
Method plan
demonstrates that
the work being
performed may
require that Tenants
be temporarily
relocated, the
building permit
application will be
subject to additional
review.
If the Means and Method
plan demonstrates that
the work being
performed on the
property may require
that Tenants be
temporarily relocated,
the building permit
application will be
subject to additional
review.
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determines that the work being performed on the property may require the
tenants to be temporarily relocated. However, determining precisely which
construction projects should require relocation at permit issuance is difficult and
uncertain. It is clear with certain types of lower impact construction, such as the
replacement of roof shingles, the replacement of windows, or even soft story
retrofits, that they are likely not to impact habitability. Thresholds or guidelines
for broader construction projects to guide when tenants should be ordered to
relocate by the City do not exist. Owners may determine on their own that
habitability will be impacted during construction and may choose to relocate
tenants without notifying the City.
Action/Recommendation: To assist in providing increased clarity at the permit
application stage, a new section added to the M&M Plan (Attachment F) requires
the applicant to specifically disclose if they intend to temporarily relocate tenants
and includes a statement that informs the applicant that at any point during
construction, if any occupied unit is rendered uninhabitable, the landlord must
provide temporary relocation assistance as required by the SMMC. The
applicant is required to provide a signed acknowledgement of the statement.
Staff recommends an amendment to the SMMC to require the owner provide
tenants with written notification of planned temporary tenant relocation with proof
of service to the City prior to issuing a permit.
7. Observation: Means and Method Plan Monitoring - There is currently no means
to track construction projects that may have gone beyond the projected dates
shown on the approved M&M Plans. Also, M&M Plans are often not revised
when construction impacts are not adequately addressed in the initial approved
plan.
Action/Recommendation: Staff has begun flagging all permits for properties
where tenants reside to ensure the Building Inspector’s know that tenants are on
site. Building Inspectors have also been trained to be mindful of the conditions at
the property when conducting inspections and to report any potentially unsafe
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conditions to Code Enforcement and the Neighborhood Preservation Coordinator
for follow up. Staff has also established a pilot proactive monitoring program
with a third-party company called SiteSafety. The company specializes in
monitoring construction sites, primarily for worker and pedestrian safety. Two
properties have been selected to undergo this process and will be used to
determine how monitoring by a third party could be implemented. Staff is
currently reviewing options to potentially expand the program to mandate that
construction projects meeting certain criteria pay for proactive monitoring
inspection fees. Staff intends to bring any third-party monitoring proposals with
the FY2018/19 mid-year budget.
Staff is also evaluating establishing construction impact thresholds to guide when
to order property owners to temporarily relocate tenants prior to the start of
construction. Key challenges with this proposal is the inconvenience to tenants
from the displacement and a tenant’s right to not leave the building unless it has
been “yellow” or “red” tagged, meaning the property poses an immediate safety
hazard vs. a potential one. Additionally, Rent Control staff has expressed
concerns with the City ordering relocations proactively due to construction that is
not a necessary or agreed-upon repair.
Staff has requested the addition of a special “field” in the City’s land use
management system to provide a way to track when a project has exceeded the
projected length of time identified in the M&M Plan. Implementation is still
pending.
Section 2: Habitability and Unplanned Temporary Tenant Relocation
Unplanned temporary relocations typically arise for two reasons: 1) conditions that
might render units uninhabitable due to infrastructure failures (e.g. water heater failures,
leaks, etc.), or 2) an emergency such as a fire or human caused disaster.
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The SMMC requires a landlord to provide temporary relocation benefits to tenants
when:
The landlord is required to temporarily recover possession to comply with
housing, health, building, fire or safety laws;
The unit has been rendered uninhabitable, necessitating the tenant(s) to no
longer dwell within the unit; or
The tenant is required to vacate upon the order of any government officer or
agency.
The landlord’s obligation to provide relocation benefits is “self-executing”, meaning the
owner must provide relocation when they are aware that conditions exist or will be
created that result in a unit being uninhabitable even without an order from the City. As
such, the City may not know a tenant has been relocated and/or may not have issued a
relocation order.
In 2017 there were 90 Code Enforcement cases resulting in 244 unplanned relocation
orders issued for individual units. In some cases the multiple units within one building
were affected. The table below provides information on the issue that caused the need
for relocation, and provides a summary of the 2017 habitability cases that resulted in
unplanned relocation orders, including the condition that rendered the unit uninhabitable
and the relocation benefit provided to the tenant. Code Enforcement staff spent
approximately 700 hours responding to these cases. Except for an electrical fire in a 96
unit building, 62% of relocation orders were issued due to lack of heat or no hot water.
Exclusive of the electrical fire, 41% of the tenants associated with issued relocation
orders refused relocation assistance and elected to remain in their homes.
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Key observations from the review by staff include:
1. Observation: Administrative Regulations
The SMMC does not provide staff the authority to create administrative
regulations to guide the temporary tenant relocation program.
# of
Cases
2017
# of
Relocation
Orders
Cause
Pe
r
D
i
e
m
Re
m
a
i
n
e
d
in
U
n
i
t
Co
m
p
.
Ho
u
s
i
n
g
Ho
t
e
l
Ci
t
y
Vo
u
c
h
e
r
Te
n
a
n
t
Fo
r
f
e
i
t
e
d
/
In
e
l
i
g
i
b
l
e
Ot
h
e
r
/
Un
k
n
o
w
n
33 36 No Heat 5 21 3 2 5
14 56 No Hot Water
(malfunctioning
water heater)
13 31 12
7 7 Lack/improper
Kitchen Sink
2 1 1 1 2
5 5 Lack/Improper
Toilet
2 3
4 4 Structural
Hazard
4
3 3 Water Leak 3
4 4 Possible
Asbestos
3 1
4 6 No Water 5 1
5 6 Lack/Improper
Tub/Shower
4 1 1
3 3 Fire 1 2
1 2 Illegal-
Subdivision
2
1 2 Unsafe Access 2
2 7 Inoperable
Sewage Line
6 1
1 5 Extensive
Construction
5
2 2 Lack/Improper
Lavatory
2
1 96 Electrical Fire 96
Total
=90
Total =244 134
(55%)
61
(25%)
11
(5%)
7
(3%)
4
(2%)
5
(2%)
22
(9%)
Excluding
Electrical Fire
38
(26%)
61
(41%)
11
(7%)
7
(5%)
4
(3%)
5
(3%)
22
(15%)
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Action/Recommendation: To provide greater consistency while maintaining
adaptability, staff recommends that the SMMC be amended to provide the
Director of Planning and Community Development, or their designee, the
authority to adopt administrative regulations to guide the temporary tenant
relocation program.
2. Observation: Inefficient Relocation Order Process for Unplanned Relocations
Code Enforcement currently responds to tenant complaints that may result in
unplanned temporary tenant relocation. Until March of 2017, if a substandard
condition was observed, Code Enforcement Officers would need to refer the
matter to a Building Inspector to deem a unit uninhabitable. Relocation orders
were prepared by Code Enforcement staff for each individual request for the
Building Officer’s approval and signature, causing significant delays, and in some
cases staff failed to issue a relocation even when it should have been. Once
habitability was restored there was no formal process to lift a relocation order.
The process utilized staff resources in an inefficient manner.
Action/Recommendation: To expedite the process, staff in March, 2017
implemented a pre-printed habitability determination and relocation order (“Field
Order”) (Attachment H) whereby the Building Officer delegated authority to Code
Enforcement Officers to issue habitability determinations and relocation orders in
certain cases. Code Enforcement Officers are authorized to make habitability
determinations and issue relocation orders for nine specific routine and common
triggers for relocations on behalf of the Building Officer. Any condition beyond
the nine identified requires a building inspector to make the habitability
determination; however, the determination can still be made through the field
notice by clarifying the matter in the “other” section. Issued relocation orders are
monitored by Code Enforcement Officers until the unit is restored to a habitable
condition. A relocation order is lifted using a pre-printed relocation lift form
(Attachment I) once habitability is restored. This process has resulted in an
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improved response time from City staff when a determination and/or relocation is
needed.
3. Observation: Relocation Orders and Non-Life/Safety Threatening Conditions
The City relies on the California Health and Safety Code Section 17920.3 (Health
and Safety Code) (Attachment J) to identify substandard conditions that could
render a residence uninhabitable. According to the Health and Safety Code a
building can be declared substandard if a condition exists that endangers the life,
limb, health, property, safety or welfare of the occupant. Relocation orders are
issued when certain conditions listed in the Health and Safety Code are
observed. However, because the SMMC does not clarify to what degree a
condition can exist before it constitutes a danger, relocation orders are issued for
common property maintenance items, such as clogged toilets, sinks and tubs;
when these services are not similarly provided elsewhere in the unit (i.e. one
bathroom). Nor does the SMMC allow for partial relocation benefits, such as a
meal per diem when a kitchen sink is temporarily inadequate in an otherwise
habitable residence.
Action/Recommendation: In response to staff observations, in June 2017 the
Building Officer determined that a unit will not be deemed uninhabitable unless
the forecast for the day(s) the unit is without an operable heating system is
expected to drop below 60° (Attachment K). This was implemented to reduce the
number of relocations in situations where there is no health or safety issues
created due to the lack of heat to the unit. In these cases, the unit is deemed
habitable and the landlord is issued a notice of violation to address the
inoperable heater.
To provide greater consistency while maintaining adaptability, staff recommends
that the SMMC be amended to provide the Director of Planning and Community
Development, or their designee, the authority to adopt administrative regulations
to guide when a substandard condition requires temporary tenant relocation.
Staff also recommends an amendment to the SMMC to allow for a meal per diem
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only, when a tenant seeks relocation assistance for an inadequate kitchen sink in
an otherwise habitable unit.
4. Observation: Landlord Initiated Relocation and Prompt Restoration of
Habitability
The SMMC requires the landlord to promptly obtain permits, commence work and
restore units to a habitable condition specifically when a relocation order is
issued. However, in some cases the City may not be aware that a tenant has
been relocated because the owner initiated the relocation without a relocation
order from the City.
The code also allows tenants and landlords to mutually agree upon a relocation
benefit other than what is required by the SMMC (i.e. alternative relocation
agreement). However, in such cases, tenants may at times accept a benefit that
is less that what the SMMC provides.
Action/Recommendation: To ensure clarity, staff recommends amending the
SMMC to require landlords to promptly restore units to a habitable condition
when tenants have been displaced, when tenants are relocated by the owner
without a relocation order being by the City. Staff also recommends amending
the SMMC to require landlords to inform tenants of statutorily required temporary
relocation benefits, including per diem, comparable housing or hotel, prior to
entering into an alternative relocation agreement.
5. Observation: Temporary Relocation Benefits and Occupants in Unpermitted
Units
The SMMC does not require a landlord to provide temporary relocation benefits
to occupants living in spaces illegally converted to residential use.
Action/Recommendations: Staff recommends amending the SMMC to extend
temporary relocation assistance to occupants who must vacate units that were
illegally converted to residential use from the date they must vacate to the date
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the unit is either permitted or permanent relocation is provided. If the owner
elects not to legalize the unit, permanent relocation benefits are required to be
paid to the tenant.
6. Observation: Appeals
Currently, landlords and tenants have two business days to appeal a habitability
determination or relocation order.
Action/Recommendations: Staff recommends amending the SMMC to increase
the appeal period to five days. Landlords may not reside on the property where
the residence was deemed uninhabitable. When landlords or a landlord
representative is not present, the relocation order is sent via US mail. Landlords
may not receive the notice prior to the current two-day appeal period.
7. Observation: Administrative Items
The SMMC requires the Building Officer to make decisions that are
administrative in nature. For instance, the SMMC requires the Building Officer to:
Determine if the temporary housing is comparable;
Terminate relocation benefits if a displaced tenant’s behavior causes the
tenant to be removed or evicted, for cause from the temporary housing or
if the tenant interferes with the owner’s ability to restore habitability; and
Furnish M&M Plan form.
Action/Recommendation: Staff recommends amending the SMMC to move
decision authority on administrative items from the Building Officer to the Director
of Planning and Community Development or their designee.
8. Administrative Regulations
Unlike with tenant safety protections, the SMMC provides staff with the authority
to develop administrative regulations related to tenant relocations. Staff is
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currently in the process of formalizing regulations to clarify sections of the SMMC
that do not require Code changes. Regulations include:
Require tenants to provide proof of pet boarding fees;
Clarify the landlord’s requirement to enter into the rental agreement for
temporary comparable housing;
Clarify that per diem benefits are paid per the number of rental agreements in
roommate situations;
Clarify when moving expenses are paid; and
Define natural disaster.
Section 3 – Permanent Relocation Assistance and Non Rent Controlled Rental Housing
Units
Observation: Under SMMC 4.36.020(a)(3), all tenants who are evicted when the
owner seeks to “withdraw a rental housing unit from residential rental housing
use,” for any reason, are entitled to permanent relocation benefits. The history
and text of section 4.36.020 indicate that the original intent was to help rent
controlled tenants who had eviction protections that required “just cause”, such
as failing to pay rent, but are forced to vacate in response to the owners
exercising certain statutory paths to eviction, (e.g. Ellis or owner-occupancy).
There is no indication that Council intended to also include tenants who live in
non-rent controlled rental units that are single family homes or condominiums
whose tenancy could be terminated by the landlord with a 30- or 60-day notice.
Action/Recommendation – City Attorney Consumer Protection Division staff
recommends clarifying the SMMC by excluding non-rent controlled rental
housing units that are single family homes or condominiums from permanent
relocation fees.
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Summary of Recommended Changes to SMMC
The proposed changes to the Municipal Code are timely, and necessary, in order to
enhance tenant protections during planned and unplanned tenant relocation situations,
and to provide City staff with the legal tools necessary to enforce the tenant protection
measures with accuracy, flexibility, and efficiency. Staff recommends the following
changes to the SMMC.
1. Modify the tenant noticing period to take into account the scope and nature of the
proposed work. The proposed amendment would allow tenant notification to be
established through administrative regulations.
2. Require the owner provide tenants with written notification of planned temporary
tenant relocation with proof of service to the City prior to issuing a permit.
3. Provide the Director of Planning and Community Development, or their designee,
with the authority to adopt administrative regulations to guide when a
substandard condition requires temporary tenant relocation.
4. Allow for a meal per diem only, when a tenant seeks relocation assistance for an
inadequate kitchen sink in an otherwise habitable unit.
5. Require landlords to promptly restore units to a habitable condition when tenants
have been displaced, even when a relocation order is not issued by the City.
6. Require landlords to inform tenants of statutorily required temporary relocation
benefits, including per diem, comparable housing or hotel, prior to entering into
an alternative relocation agreement.
7. Extend temporary relocation assistance to occupants who must vacate units that
were illegally converted to residential use by the landlord from the date they must
vacate to the date the unit is either permitted or permanent relocation is provided.
If the owner elects not to legalize the unit, permanent relocation benefits are
required to be paid to the tenant.
8. Increase the appeal period to five days. Landlords may not reside on the
property where the residence was deemed uninhabitable. When landlords or a
landlord representative is not present, the relocation order is sent via US mail.
Landlords may not receive the notice prior to the current two-day appeal period.
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9. Exclude non-rent controlled rental housing units that are single family homes or
condominiums from permanent relocation fees.
Financial Impacts
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Ayde Gonzalez, Neighborhood Preservation Coordinator
Approved
Forwarded to Council
Attachments:
A. Ordinance - Tenant Protection - 08142018
B. April 26, 2016 Council Action
C. March 28, 2017 Council Action
D. June 29, 1999 Council Meeting Staff Report
E. Means and-Method Plan for Tenant-Protection During-Construction - Prior Form
F. Means and Method Plan Form For Tenant Protection During Construction -
Current Form
G. Soft Story Retrofit Means and Methods Acknowledgment
H. Field Order
I. Field Relocation Lift Form
J. California Health and Safety Code 17920.3
K. Building Officer - No Heat Habitability Determinations
L. Written Comments
1
City Council Meeting: August 14, 2018 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ARTICLES IV and VIII OF THE SANTA MONICA
MUNICIPAL CODE BY UPDATING TENANT RELOCATION ASSISTANCE AND
TENANT PROTECTION DURING CONSTRUCTION LAWS
WHEREAS, relocation benefits are vital to Santa Monica tenants including those
who must vacate their homes for repairs necessitated by law or government order or if
their residence is rendered uninhabitable through no fault of their own; and
WHEREAS, benefits must be sufficient in length of time and in amount to cover
actual relocation costs; and
WHEREAS, experience has shown that certain provisions within the existing
relocation law have been subject to differing interpretations by landlords and tenants, and
such differences in opinion can lead to unnecessary litigation and uncertainty; and
WHEREAS, both tenants and landlords will benefit from enhancements to the
clarity and certainty of relocation requirements and obligations; and
WHEREAS, the City’s relocation requirements are intended to protect the rights of
both tenants and landlords.
2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.36 of the Santa Monica Municipal Code is hereby
amended and entirely restated to read as follows:
Chapter 4.36 TENANT RELOCATION ASSISTANCE
4.36.010 Definitions.
For purposes of this Chapter and Chapter 8.100, the following words and phrases
shall have the following meaning:
(a) Comparable Housing. A replacement unit shall be comparable to the existing
unit if both units are reasonably comparable in size, number of bedrooms and bathrooms,
accessibility, price, location (which may be in either Santa Monica or Los Angeles),
proximity to services and institutions upon which the displaced tenant depends, and
amenities, including the allowance for pets should the tenant have pets.
(b) Director. Director of Planning and Community Development or designee.
(cb) Person with Disabilities. Any person who is receiving benefits from a
Federal, State, or local government, or from a private entity on account of a permanent
disability that prevents the person from engaging in regular, full-time employment.
(dc) Displaced Tenant. Any tenant who vacates a rental housing unit in the City
for any of the reasons set forth in Section 4.36.020 or 4.36.100(a).
(ed) Landlord. Any owner, lessor, sublessor, or any other person entitled to
receive rent for the use and occupancy of a rental housing unit, or any agent,
representative or successor of any of the foregoing.
(fe) Minor Child. Any person younger than eighteen years of age.
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(gf) Permanent Relocation. The relocation of a tenant due to permanent
termination of tenancy, in which case the tenant will not reoccupy the unit.
(hg) Rental Housing Unit. A housing unit in the City of Santa Monica, regardless
of permit status, including a room in a single-family home, hotel or motel, rooming house
or apartment, single-family home, mobile home or mobile home space, trailer or trailer
space, offered for rent. A dwelling unit lawfully registered with the City’s Rent Control
Board also constitutes a “Rental Housing Unit.” “Rental housing unit” does not include
any unit occupied pursuant to an innkeeper-guest relationship.
(ih) Senior Citizen. Any person sixty-two years of age or older.
(ji) Temporary Relocation. The relocation of a tenant temporarily and where
tenancy has not been terminated.
(kj) Tenant. Any tenant, subtenant, lessee, sublessee, or any other person
occupying a rental housing unit pursuant to a written or oral rental housing agreement.
4.36.020 When permanent relocation fee required.
(a) A relocation fee shall be paid in accordance with the provisions of this Chapter
by any landlord who terminates or causes the termination of a tenancy for any of the
following reasons:
(1) The landlord seeks to withdraw all rental housing units from the re ntal housing
market as provided in Government Code Sections 7060 et seq.
(2) The landlord seeks to recover possession of a rental housing unit pursuant to
Section 1806(a)(8), 1806(a)(9), 2304(a)(8), or 2304(a)(9) of the City Charter.
4
(3) The landlord seeks to recover possession to demolish or otherwise withdraw a
rental housing unit, excluding Single-Family Homes as defined in Charter Section 2302,
from residential rental housing use, including units that were illegally converted to
residential use, after having obtained all proper permits from the City, if any such permits
are required.
(b) A relocation fee shall be paid in accordance with the provisions of this Chapter
to a displaced tenant who serves a landlord with a notice to terminate tenancy after having
received written notice from either the landlord or the Santa Monica Rent Control Board
that the landlord has filed a notice of intent to withdraw residential rental units pursuant
to Government Code Section 7060.4 and Santa Monica Rent Control Board R egulation
16002(a) or an application for removal permit pursuant to Santa Monica Charter Section
1803(t).
(c) The fee required by this Chapter shall be due and payable to a displaced tenant
whether or not the landlord actually utilizes the rental housing u nit for the purposes stated
in the notice of eviction.
4.36.030 Notice to tenants being displaced.
(a) Any notice to terminate a tenancy which is served upon tenants for any of
the reasons set forth in Section 4.36.020 shall be accompanied by the following on the
form provided by the City:
(1) A written statement of the rights and obligations of tenants and landlords
under this Chapter;
(2) A written statement informing the tenants that the required relocation fee
has been placed in an escrow account or other account approved by the City;
5
(3) A written statement that the landlord has complied with Section 4.36.050. If
the landlord has complied with Section 4.36.050 by obtaining City approval of a
Displacement Plan, a copy of the Displacement Plan shall accompany the written
statement.
(b) A landlord shall comply with the provisions of this Section within two working
days after receiving a tenant’s notice to terminate tenancy as set forth in Section
4.36.020(b).
4.36.040 Amount of relocation fee—Permanent relocation.
The amount of the permanent relocation fee payable pursuant to the provisions of
this Chapter shall be established in accordance with the following formula: 2011 relocation
fee adjusted for inflation by the percentage change in the rent of primary residence
component of the CPI-W Index for the Los Angeles/Riverside/Orange County area, as
published by the United States Department of Labor, Bureau of Labor Statistics, between
November 2011 and the July 1st preceding the date of vacancy rounded to the nearest fifty
dollars. This amount shall be updated annually commencing on July 1, 2012 and on July
1st of each year thereafter.
(a) The 2011 permanent relocation fee established pursuant to Ordinance
2383CCS and determined according to the size of the retail housing unit, was as follows:
Apartment Size 2011 Relocation Amount 2011 Augmented Amount
Single or studio $ 7,800 $ 8,900
One bedroom 12,050 13,850
Two or more bedrooms 16,300 18,750
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(b) If a tenant is evicted from more than one rental housing unit on a property,
the tenant shall not be entitled to receive separate permanent relocation fees for each
rental housing unit. The tenant shall receive a single relocation fee based on the
combined total number of bedrooms in the rental housing units from which th e tenant is
being evicted. If one of the rental housing units is a bachelor or single unit, it shall be
counted as a one bedroom unit for purposes of determining the amount of the relocation
fee (e.g., a tenant who is evicted from a bachelor rental housing unit and a one bedroom
rental housing unit would receive relocation benefits for a two bedroom unit).
(c) If the rental housing unit from which the tenant is being evicted is furnished,
two hundred fifty dollars shall be deducted from the amount set forth in subsection (a) of
this Section. For purposes of this subsection, a rental housing unit shall be considered to
be furnished if the landlord has provided substantial furnishings in each occupied room
of the rental housing unit.
(d) If one or more of the displaced tenants is a senior citizen or disabled person,
or is a tenant with whom a minor child resides, an augmented amount shall be paid as
set forth in subsection (a) of this Section. The amount added pursuant to this subsection
shall be adjusted annually pursuant to the formula specified above commencing on July
1, 2012, and each July 1st thereafter.
(e) Any tenant still in possession of a rental unit after the permanent relocation
amounts have been updated pursuant to this Section, shall be entitled t o the updated
relocation amounts even if the landlord commenced the termination of the tenancy prior
to the update. In the event that a landlord has already complied with the provisions of
Section 4.36.060 based on the relocation amounts previously in effect, but has not yet
7
received a written request from a tenant for distribution of the fee pursuant to Section
4.36.070, the landlord shall place in escrow the additional amount of relocation fee
required by this Section within five working days of the effec tive date of the updated
amount.
4.36.050 Additional fee for required counseling.
(a) For each rental housing unit from which tenants are displaced for any of the
reasons set forth in Section 4.36.020(a), prior to service of a notice to terminate tenancy,
the landlord shall pay a fee to the City in the amount of two hundred fifty dollars to be
used by the City to pay for counseling or other assistance required by displaced tenants
as a result of displacement.
(b) In lieu of the fee required by subsection (a) of this Section, a landlord may
prepare a Displacement Plan which must be approved by the Housing and Economic
Development Department prior to service of a notice to terminate tenancy. The
Displacement Plan shall identify the special needs of the displaced tenants, identify the
types of assistance that will be provided and include a commitment to pay for any such
assistance. At the time of submitting the Displacement Plan to the City for review and
approval, the landlord shall pay a fee to the City for such review and approval in the
amount of one hundred dollars for each rental housing un it.
4.36.060 Deposit of relocation fee into escrow for permanent relocation.
(a) The permanent relocation fee required by this Chapter shall be placed in an
escrow account prior to service by a landlord upon any tenant of a notice to terminate
tenancy for one of the reasons set forth in Section 4.36.020(a) or within two working days
of service by a tenant upon a landlord of notice to terminate tenancy as set forth in Section
8
4.36.020(b). All costs of an escrow opened pursuant to the provisions of this Section shall
be borne by the landlord. Escrow instructions shall be approved by the City.
(b) The escrow instructions shall provide that monies deposited in the escrow
account shall only be distributed to displaced tenant in accordance with the instructions
of the landlord and that no monies deposited in escrow may be returned to the landlord
without the written approval of the City.
(c) In lieu of deposit of the permanent relocation fee in an escrow account, a
landlord may deposit the fee in another account approved by the City.
4.36.070 Payment to displaced tenants of permanent relocation fee.
(a) Within two working days of the written request by the tenant, the landlord
shall deliver written instructions to the escrow holder to distribute all or a portion of the
permanent relocation fee to a third party providing moving or replacem ent housing to the
tenant. The instructions shall direct the escrow holder to make the distribution within three
working days of delivery of the instructions.
(b) Within two working days of the vacation of the rental housing unit, the
landlord shall deliver written instruction to the escrow holder to distribute the amount of
the remaining relocation fee to the displaced tenant or displaced tenants of such rental
housing unit. The instruction shall direct the escrow holder to make the distribution within
three working days of delivery of the instructions.
(c) The entire fee shall be paid to a tenant who is the only displaced tenant in
a rental housing unit. If a rental housing unit is occupied by two or more displaced tenants,
the permanent relocation fee shall be paid to all displaced tenants jointly. In no event shall
a landlord be liable to pay a total amount more than the fee required by Section 4.36.040
9
of this Chapter for one rental housing unit, and the landlord shall have no responsibility
or liability for disputes between displaced tenants over allocation of the relocation fee
between such displaced tenants.
(d) In the event the landlord has been required to commence a legal action to
recover possession of the rental housing unit and a decision is rend ered or a judgment
has been entered in favor of the landlord prior to the tenant’s vacation of the unit, the
landlord may instruct the escrow holder to withhold from distribution to the displaced
tenant or displaced tenants of such rental housing units any unsatisfied monetary award
provided in such decision or judgment in favor of the landlord. Upon the judgment
becoming final, the City shall authorize the escrow holder to return to the landlord the
amount withheld. If no decision has been rendered or no judgment has been entered for
a monetary award in favor of the landlord prior to the tenant’s vacation of the unit, the
landlord must authorize the distribution of the entire relocation fee in accordance with
Section 4.36.070.
4.36.080 Physical relocation in lieu of fee.
(a) In lieu of the permanent relocation fee required by Sections 4.36.040 and
4.36.050, the landlord may, at the landlord’s option, relocate the displ aced tenant into a
comparable replacement housing unit satisfactory to the tenant, in which event the
landlord shall be liable only for the actual costs of relocating the tenant, except that this
Section shall not abrogate any rights already created by Sec tion 1806(a)(8)(ii) of the City
Charter. A tenant shall not unreasonably withhold approval of a comparable replacement
rental housing unit offered by the landlord.
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(b) If a tenant displaced for the reason set forth in Section 4.36.020(a)(2) elects
to occupy a noncomparable vacant unit on the same property from which that tenant is
being displaced, pursuant to the terms set forth in Section 1806(a)(8) of the City Charter,
in lieu of the permanent relocation fee required by Sections 4.36.040 and 4.36.050, the
landlord shall only be liable for the actual costs of relocating the tenant.
4.36.085 Prohibition against agreements limiting public participation.
No landlord shall, with respect to property used as rental housing, any rental
housing agreement or other tenancy or estate at will, however created, do any of the
following:
(a) Enter into an agreement with a tenant which prohibits or limits the tenant
from participating in the City’s public process, including speaking at a meeting of the City
Council or any City Commission, submitting written comments to the City, or otherwise
communicating with City elected officials, appointed officials, and employees on any
subject.
(b) Attempt to enforce an agreement such as described in subsection (a).
(c) Withhold deposit of relocation fees into escrow or withhold payment of such
fees or other payments otherwise owed to the tenant in an attempt to induce a tenant to
enter into an agreement such as described in subsection (a).
4.36.090 Remedies.
(a) In any action by a landlord to recover possession of a rental housing unit for
one of the reasons set forth in Section 4.36.020, the landlord shall allege and prove
compliance with this Chapter.
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(b) Any landlord who fails to provide relocation assistance as required by Sections
4.36.040, 4.36.050, 4.36.070 and 4.36.100 or who violates Section 4.36.085 of this
Chapter shall be subject to injunctive relief and be liable in a civil action to the tenant to
whom such assistance is due for damages in the amount of the relocation fee the landlord
has failed to pay, a civil penalty in the amount of five hundred dollars and reasonable
attorneys’ fees and costs as determined by the court. The court may also award punitive
damages in a proper case as defined by Civil Code Section 3294. Any person, including
the City, may enforce the provisions of this Chapter by means of a civil action.
(c) Any person violating any of the provisions of or failing to comply with the
requirements of this Chapter, including failure to comply with a relocation order issued by
the Building Officer pursuant to Section 4.36.100, shall be guilty of an infraction which
shall be punishable by a fine not exceeding $250.00, or a misdemeanor and upon
conviction shall be punished by a fine of not greater than $500.00 or by imprisonment in
the County Jail for not more than six months, or by both such fine and imprisonment.
(d) Failure to comply with a relocation order shall be considered a strict liability
offense; accordingly, the prosecution shall not be required to prove criminal intent or that
the violator meant to violate any provision of this Chapter.
(e) Any person convicted of violating any provision of this Chapter shall be required
to reimburse the City its full investigative costs.
(f) If a landlord fails or refuses to provide relocation benefits required by this
Chapter, and the City chooses to pay such benefits to tenants in the landlord’s place, the
City shall have the right to recover such monetary outlays, plus any administrative fees
12
incurred by the City, from the landlord as restitution in any criminal case filed pursuant to
this Chapter or in any appropriate civil or administrative proceeding.
(g) Unless otherwise specifically authorized, no landlord shall attempt to secure
from a tenant any waiver of any provision of this Chapter. Any agreement, whether written
or oral, whereby any provision of this Chapter is waived, shall be deemed against public
policy and shall be void.
(h) Any contractual term which violates Section 4.36.085 of this Chapter, whether
written or oral, shall be deemed against public policy and shall be void.
(i) Nonexclusive Remedies and Penalties. The remedies provided in this Chapter
are not exclusive, and nothing in this Chapter shall preclude any person from see king any
other remedies, penalties or procedures provided by law.
4.36.100 Temporary relocation mandated by code compliance or by
government order.
(a) A landlord is required to provide temporary relocation benefits to tenants as
required by this Section when:
(1) The landlord is required to temporarily recover possession of a rental housing
unit in order to comply with housing, health, building, fire or safety laws o f the State of
California or the City of Santa Monica, or
(2) A rental housing unit has been rendered uninhabitable, necessitating the
tenant(s) of the housing unit to no longer dwell within that unit, or
(3) A tenant is required to vacate a rental housing unit upon the order of any
government officer or agency.
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A landlord’s obligations under this subsection shall be self -executing; nonetheless,
the Building Officer may issue a relocation order to the landlord to compel performance
under this Section. No person shall fail to comply with any such relocation order.
(b) These relocation benefits shall include both temporary housing as provided in
subsection (c) of this Section and moving costs as provided in subsection (d) of this
Section and shall be paid until such time temporary relocation benefits are no longer
required by law, such as when legal tenancy is terminated or the tenant is returned to
his/her dwelling unit which has been made habitable. Provision of temporary relocation
benefits does not relieve the Landlord’s obligation to provide permanent relocation
benefits as required by this Chapter.
(c) The type of temporary housing, required by this Section is dependent on the
duration of the tenant’s displacement. When the Building Officer or landlord determines
the need for a tenant to vacate, he or she shall estimate the projected duration of the
vacancy. That estimate will determine whether subsection (c)(1) or (c)(2) of this Section
must be followed. If the Building Officer orders relocation, he or she shall provide notice
to the landlord and all affected tenants of the relocation requirements and responsibilities
pursuant to this Section. This notice may include a copy of this Section and the City
Council’s resolution regarding per diem rates. The landlord shall facilitate the Building
Officer’s provision of tenant notification by providing forwarding contact information for
affected tenants if the tenants vacated the premises prior to the Building Officer’s Order.
If the landlord determines that the provisions of this code require a tenant to vacate, the
landlord shall provide notice of the estimated relocation period to affected tenants and
relocation benefit requirements and responsibilities established by this Section.
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(1) Relocation Less Than 30 days. If it is anticipated that a tenant will be displaced
for a period less than thirty days, the landlord shall pay the tenant relocation costs in the
per diem amounts set by the City Council pursuant to subsection (e). The per diem
amount shall be calculated to include compensation for the following:
(A) Temporary relocation to a motel or hotel accommodation which is safe,
sanitary, located in Santa Monica and contains standard amenities such as a telephone;
(B) Meals, if the temporary accommodation lacks cooking facilities;
(C) Laundry, if the rental property included laundry facilities; and
(D) Accommodations for lawful pets if the temporary accommodation does not
accept pets.
The landlord shall have the option, in lieu of providing tenant relocation costs in
accordance with this subsection, of providing the tenant with comparable housing
pursuant to subsection (c)(2) for the period of the displacement or temporary placement
in a safe and sanitary hotel/motel located in Santa Monica or within reasonable proximity
to Santa Monica as set forth by Administrative Regulations, if the relocation is estimated
to be five (5) days or less. If the relocation extends beyond five (5) days, the tenant shall
be entitled to the per diem or comparable housing, unless the tenant explicitly agrees to
extend his/her stay in the hotel/motel. The tenant shall remain responsible to pay to the
landlord rent which falls due for the tenant’s existing unit during the period of
displacement.
(2) Relocation 30 days or Greater. If it is anticipated that the displacement will be
for a period of thirty days or greater, the landlord shall provide either temporary rental
housing or per diem payments in accordance with Subsection (c)(1) of this Section,
15
prepaid by the landlord in weekly increments. If the landlord elects temporary rental
housing, such housing shall be comparable to the tenant’s existing housing, as
determined by the Building OfficerDirector. However, a landlord’s election of temporary
rental housing shall not be revocable by the landlord, once the tenant moves into the
temporary housing. In cases where the landlord elects temporary rental housing, the
landlord must provide per diem payments in accordance with Subsection (c)(1) of this
Section until such time the displaced tenant is housed in temporary rental housing. The
landlord shall pay all costs associated with the temporary housing, including rent, even if
the temporary housing is more expensive than the tenant’s existing unit. The tenant shall
remain responsible to pay rent to the landlord for the tenant’s existing unit during the
period of displacement.
(3) Inadequate kitchen facilities. The Building Officer may only order a meal per
diem when an otherwise habitable rental housing unit has inadequate kitchen facilities.
(43) The relocation benefits required by this Section shall be paid within twenty-
four hours of when any condition outlined in Subsection (a) of this Section arises, or at
least twenty days prior to the vacation date set forth in any order or notice to vacate,
whichever is later.
(54) If the landlord or the Building Officer determines that the actual relocation
period will be longer than a landlord has paid for, or than projected by the landlord or the
Building Officer, the landlord must notify the affected tenant as soon as the determination
is made and promptly pay the tenant the amount owed and remain current on such
payments. If a tenant’s actual vacancy period is shorter than the period the landlord has
paid for, the tenant must repay any overpaid amount to the landlord within thirty days of
16
receiving written notice from the landlord of the overpayment. The landlord must make a
good faith effort to monitor the necessity of the tenant’s continued displacement and
provide the tenant with advance notice of any changes to the anticipated relocation
period.
(65) The landlord shall ensure that temporary relocation of a tenant does not
exceed the estimated relocation period as determined by the Building Officer pursuant to
this Section. Should a longer period be necessary, the landlord shall request an extension
from the Building Officer and demonstrate good cause for such an extension.
(76) The landlord and the tenant may mutually agree upon a housing type or
relocation benefit other than what is required by this Section. The landlord is required to
inform the tenant, in writing, of the statutorily required temporary relocation benefits prior
to entering into such an agreement. The landlord may not coerce any tenant into such
an agreement. Any such coercion may constitute unlawful tenant harassment, subject to
the remedies set forth in Chapter 4.56 of this Code.
(d) Moving costs shall consist of all actual reasonable costs of moving, including
transportation of personal property, packing and unpacking, insurance of personal
property while in transit, compensation for any damage occurring during moving,
necessary storage of personal property, disconnection and reconnection of utility services
related to the move and any other additional costs attributable to a tenant’s special needs,
including needs resulting from disability or age.
(e) The City Council shall periodically establish by resolution reasonable per diem
rates for the following items of temporary relocation expenses required under this Section.
These rates shall be adjusted annually for inflation by the percentage change in the
17
Consumer Price Index (“CPI”) commencing on July 1, 2007 and on July 1st of each year
thereafter.
(1) Hotel accommodations;
(2) Meal allowance;
(3) Laundry allowance;
(4) Pet accommodations.
(f) The displacement and relocation of a tenant pursuant to this Section or Section
8.100.030 shall not terminate the tenancy of the displaced tenant. The displaced tenant
shall have the right to reoccupy his or her unit upon the completion of the work necessary
for the unit to comply with housing, health, building or safety laws, any governmental
order, or the unit is otherwise restored to a habitable condition, the tenant shall retain all
rights of tenancy that existed prior to the displacement.
(g) Upon receiving a relocation order from the City or when any condition outlined
in 4.36.100(a) exists, the landlord is required to promptly obtain any required permits
and/or approvals from the City and/or other regulatory agency who has jurisdiction over
the required work, promptly commence the necessary work to restore the affected unit(s)
to a habitable condition, diligently work towards completion of the work and return all
affected tenants to their units.
(h) If a displaced tenant’s behavior causes the tenant to be removed or evicted, for
cause, from his/her temporary housing accommodations, the landlord may request and
the Building Officer Director may grant early termination of temporary relocation
obligations with respect to that tenant. The Building Officer Director may develop criteria
that would aid in reviewing such requests.
18
(i) A landlord or tenant who disputes a notice or order regarding temporary
relocation benefits may request a hearing pursuant to the procedures set forth in Chapter
6.16. Any such hearing request shall be filed with the Building Officer within twofive
business days of the notice or order on a form provided by the Building Officer.
(j) An appeal shall not automatically stay th e underlying relocation order.
However, the Building Officer or the Hearing Examiner on appeal may grant a written
request to stay the relocation order. Any such request to stay the relocation order shall
be considered as soon as practicable. The Hearing Examiner may choose to make any
preliminary inquiries necessary, including holding a preliminary in-person or telephonic
hearing, to receive preliminary facts. However, if the Building Officer rejects a landlord’s
written request to stay a relocation order pending an appeal and the landlord ultimately
prevails in overturning the Building Officer’s relocation order, the City shall reimburse the
landlord any actual reasonable housing, moving and storage costs incurred by the
landlord as required by Section 4.36.100, which shall begin to accrue on the first business
day after the date the City receives a written stay request. The landlord may not recover
other costs, such as attorney’s fees or court costs, from the City.
4.36.110 Applicability of relocation assistance requirements as provided in
this Chapter.
(a) A tenant shall be entitled to the relocation benefits established by this
Chapter pursuant to Section 4.36.100.
(b) The landlord shall comply with the requirements contained in Sections
4.36.030, 4.36.040, 4.36.050 and 4.36.060 within five days of the effective date of any
ordinance codified in this Chapter or any update of the fee amount pursuant to Section
19
4.36.040 in the event that a notice to terminate tenancy for one of the reasons set forth in
Section 4.36.020(a) has already been served on a tenant or a notice to terminate tenancy
pursuant to Section 4.36.020(b) has already been served on a landlord. In the event that
on the effective date of any such amendment or update, a landlord has complied with the
provisions of Section 4.36.060 previously in effect, but has not yet received a written
request from a tenant for distribution of the fee pursuant to Section 4.36.070, the landlord
shall place in escrow the additional amount of relocation fee required by Section 4.36.040
within five working days of the effective date of the amendment or update.
(c) Nothing in this Chapter shall limit the amount of the relocation fee that the
City Council may require under Government Code Section 65863.7.
(d) An administrative citation’s fine amount shall be doubled, when the citation
is issued in connection with a landlord’s commencement of construction work without first
obtaining all necessary governmental permits and that the work necessitated the
relocation of a tenant.
4.36.120 Applicability of Chapter to certain situations.
(a) Notwithstanding Section 4.36.110 and 4.36.100 (c), the requirements set
forth in this Chapter shall not apply to any tenant whose tenancy is terminated pursuant
to a lawful notice to terminate tenancy pursuant to Section 1806 (a) of the City Charter
served on or before June 10, 1986.
(b) No landlord shall be required to pay temporary relocation benefits pursuant
to Section 4.36.100 if the displacement and relocation of the tenant is the result of an
earthquake or other natural disaster, terrorist attack, or other incident occurring or
substantially initiated off of the property from which relocation is required, but not caused
20
by the landlord, as determined by the Fire Marshal or Building Officer (such as vehicle
accident, criminal activity, public utility failure or adjacent building failure). However, to
the extent that any person, other than the landlord, causes tenant relocation pursuant to
Section 4.36.100, such person shall be responsible for the provision of temporary
relocation benefits, as required by Section 4.36.100.
(c) The displacement and relocation of a tenant for repair and retrofitting
pursuant to Municipal Code Chapters 8.60, 8.64, 8.68, 8.72, 8.76, and 8.80 shall not
terminate the tenancy of the displaced tenant. The displaced tenant shall have the right
to reoccupy the unit upon the completion of the repairs and retrofitting and shall retain all
rights of tenancy that existed before the displacement.
(d) No landlord shall be required to provide temporary relocation benefits
pursuant to Section 4.36.100 to a tenant if that tenant or his or her guest or invitee was
entirely or primarily responsible for causing the condition that necessitated the temporary
relocation. In such cases, the landlord’s responsibility to provide temporary relocation
benefits to other non-responsible tenants remains.
(e) If a tenant elects to remain in his/her unit (including day, evening, and/or
night time hours) following an order directing temporary relocation, said tenant shall not
receive relocation benefits. However, the tenant’s right to relocation benefits shall not be
affected by the tenant’s limited access to the unit to retrieve personal belongings.
(f) If a tenant interferes, obstructs or delays an owner’s ability to conduct
necessary repairs to restore a unit to habitable status, the owner’s obligation to provide
relocation benefits to that tenant may be lifted by order of the Building Officer or Director.
21
4.36.130 Coordination with other relocation requirements.
In the event that a landlord is required by any other governmental body to provide
relocation benefits to a tenant who receives a notice to terminate tenancy for one of the
reasons set forth in Section 4.36.020, such benefits shall be off-set against the amount
of relocation benefits required by Section 4.36.040. This Chapter shall not apply to any
relocation plan approved by agreement by the Rent Control Board on or before June 24,
1986.
4.36.140 Security deposit for temporary relocation.
The Building OfficerDirector may require the landlord to furnish security to the City
sufficient to ensure the timely and faithful performance of all work included within the
scope of a permit and the payment of all relocation assistance necessitated by the
temporary displacement of the tenants, if any, based on an analysis of the following
factors: size of project, duration of project, potential for impact on tenant safety, and
invasiveness of project. If required, any of the following or similar instruments are
acceptable forms of security:
(a) A deposit, either with the City or a responsible escrow agent or trust
company, at the option of the City, of money or negotiable bonds of the kind approved for
securing deposits of public monies;
(b) An instrument of credit from one or more financial institution subject to
regulation by the State or Federal government or a letter of credit issued by such a
financial institution;
(c) Bond or bonds by one or more duly authorized corporate sureties;
(d) A restricted bank account.
22
4.36.150 Administrative regulations.
The Director shall have the authority to adopt administrative regulations, consistent
with the legislative purpose, to implement the provisions of this Chapter.
SECTION 2. Chapter 8.100 of the Santa Monica Municipal Code is here by
amended and entirely restated to read as follows:
Chapter 8.100 TENANT PROTECTION DURING CONSTRUCTION
8.100.010 Construction means and method plan required.
(a) When applying for a permit to alter, repair, or rehabilitate any structure that
contains one or more dwelling units or mobile home park, the applicant shall indicate on
a form furnished by the Building Officer whether the property is occupied by tenants.
(b) If the property is tenant-occupied and, as determined by the Building Officer,
the construction work could impact the habitability of any occupied unit on the property,
prior to obtaining a permit, the applicant shall submit a construction means and method
plan to the Building Officer, consistent with the standards set forth by Administrative
Regulations which contains the information required by Section 8.100.020. The Building
Officer may consult all relevant sources of autho rity, including Health and Safety Code
Section 17920.3 or its successor legislation, to guide his/her determination of habitability.
(c) No permit shall be issued until a satisfactory means and method plan is
approved by the Building Officer, if required.
(d) If the unit or building was not tenant occupied at the time a permit application
was submitted, the applicant shall submit a construction means and method plan prior to
any unit in the building being tenant occupied. If the Building Officer determines that the
23
work could impact the habitability of any unit on the property given the manner in which
the construction is being undertaken, the requirements of Sections 8.100.020, 8.100.030,
8.100.040, 8.100.050, and 8.100.060 below shall also apply.
(e) If at any point during construction it is determined that conditions and
construction impacts are not adequately addressed by means and method plan previously
approved by the City, the Director may require the owner to submit an amended means
and method plan.
(ef) The Building Officer may stop construction until all applicable requirements
of this Chapter have been met.
8.100.020 Reserved Contents of construction means and method plan.
The construction means and method plan required by subsection (b) of Section
8.100.010 shall provide the following information:
(a) A detailed description of the construction process, organized sequentially;
(b) An explanation of the impact that this construction will have on the occupancy
of the units by tenants;
(c) The owner’s plan to address the habitability impacts on the tenants created
by the proposed construction project;
(d) An assessment of whether any or all of the tenants will need to be temporarily
relocated during any phase of the work, including relocation intermittently during the project;
(e) A description of the construction mitigation measures that the owner will
implement to minimize the impacts of noise, dust, vibrations, utility shut-offs, and other
construction impacts on tenants;
24
(f) A description of all related construction projects at the property that would
commence concurrent with or immediately after the proposed project is scheduled to end.
8.100.030 Relocation plan.
(a) If the construction means and method plan demonstrates, as determined by
the Building Officer, that the work being performed on the property may require that tenants
be temporarily relocated, the applicant shall also prepare and submit a relocation plan on
a form provided by the Building Officer for City approval prior to issuance of a permit which
shall contain:
(1) The fair and reasonable relocation benefits that will be provided to all
displaced tenants as required by Municipal Code Section 4.36.100;
(2) The timing of the displacement will be provided to all tenants who will be
displaced;
(3) A copy of the notice required by Section 8.100.040(a) with all information
required by Section 8.100.040(b) consistent with the standards set forth by Administrative
Regulations.
(4) Based upon a recent survey and analysis of both the housing needs of
persons who will be displaced and the supply of available temporary housing, and
considering the competing needs for that housing, verification that sufficient temporary
housing of the type required by Section 4.36.100 will be provided;
(5) Verification that the owner has adequate resources to provide the required
relocation benefits and adequate provisions have been made for the orderly, timely, and
efficient relocation of displaced tenants to comparable replacement housing.
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(b) If the Building Officer determined, at the time of permit approval, that
temporary relocation was not required and if new construction conditions could potentially
impact habitability of any tenant unit, the applicant must submit an amended means and
method plan and obtain all required City approvals prior to commencing any work beyond
the scope of work originally approved. If the Building Officer determines that the work could
impact the habitability of any unit on the property given the manner in which the change in
construction is being undertaken, the requirements of this Section and Sections 8.100.040,
8.100.050, and 8.100.060 below shall also apply.
8.100.040 Tenant noticing requirements.
(a) Contemporaneous with the submission of a construction means and method
plan to the City, the applicant must certify that all affected tenants of the property have
received the proposed means and method plan, the proposed relocation plan if required,
and information explaining how to contact responsible City officials regarding the
processing of such plans. Provision of the above information to the tenants shall be by
hand-delivery, with a proof of service, to each affected tenant of the property or sent by
certified mail or otherwise delivered in a form of electronic means acceptable to the Building
Officer.(b) Before a permit can be issued for the alteration/repair/rehabilitation of a
building or mobilehome park which required an applicant to prepare a construction means
and method plan pursuant to Section 8.100.010 of this Chapter, the applicant must provide
notifications to certify that all affected tenants of the property will receive the information
required by subsection (b) of this Section, in a form approved by the City consistent with
the standards set forth by Administrative Regulationswithin five days following the issuance
of the permit and that no work shall commence under the permit until five days after the
26
date all affected tenants were notified. This notice shall be hand-delivered, with a proof of
service, to each affected tenant of the property or sent by certified mail or otherwise
delivered in a form of electronic means acceptable to the Building OfficerCity.
(bc) The notice required by subsection (ab) of this Section shall contain the
following information:
(1) A detailed description of the nature and type of construction activity that will
be undertaken;
(2) Information regarding the scheduling of construction and the periods in which
services such as laundry, parking, elevators, water and power, will be unavailable;
(13) A statement that the construction being undertaken at the property will not
terminate the tenant’s tenancy;
(24) A statement informing the tenants of their right to seek mitigation from the
property owner for nuisance conditions at the property, including, but not limited to, noise,
dust, vibrations, utility shut-offs and other construction impacts. Mitigation measures may
include, but are not limited to, temporary rent reductions, quiet office space for tenants
working at home and temporary accommodations; and
(3) Any other information required by Administrative Regulations.
(5) A statement informing tenants of their right to review and receive free copies
of the owner’s approved construction means and method plan and how to obtain;
(6) A statement informing tenants of their right to review and receive free copies
of the owner’s approved relocation plan, if such plan was required and how to obtain;
27
(7) Information explaining how to contact the project applicant, including the
designation of a project manager responsible for responding to tenant inquiries, complaints,
and requests for mitigation of nuisance conditions;
(8) A statement informing tenants that they should immediately contact the City
regarding any conditions at the property which they consider to be unsafe, unsanitary, in
violation of the City’s technical or safety codes, or in violation of the applicant’s construction
means and method plan;
(9) For construction projects that exceed thirty days in duration as measured
from the date that construction commences, the applicant shall also inform the affected
tenants that the applicant will provide monthly notices to the affected tenants regarding the
progress of construction and will schedule meetings periodically, or by order of the Building
Officer, to address the construction progress and obtain tenant input and feedback
regarding the construction. The Building Officer’s order to schedule such tenant meetings
is not appealable.
(10) Any other information that the Building Officer determines is necessary due
to the unique circumstances of the construction work.
(cd) In addition to the information required by subsection (c) of this Section, tThe
tenant notification shall provide the following information if the project will require the
temporary relocation of tenants:
A statement that the construction activity may require displacement, but that to the
greatest extent practicable, no tenant lawfully occupying the property will be required to
move without written notice from the owner in accordance with this Chapter.
28
(de) In addition to the notice required by subsections (a), (b), and (c), and (d) of
this Section, if the projected construction period is 30 days or more, the landlord owner
shall post the property with a preprinted sign or signs prepared by the City measuring thirty
inches by forty inches in size in a conspicuous location visible to tenants that include the
information on where to file a complaint with the ownerlandlord or ownerlandlord’s
representative and the City regarding any conditions at the property which any tenant
considers to be unsafe, unsanitary, in violation of the City’s technical or safety codes, or in
violation of the applicant’s construction means and method plan.
8.100.050 Security.
Before receiving a permit for a project which requires an applicant to prepare a
construction means and method plan pursuant to Section 8.100.010 of this Chapter, the
applicant shall furnish security to the City in accordance with Section 4.36.140 of this
Chapter.
8.100.060 Compliance with required means and method plan.
(a) General. No person shall erect, construct, enlarge, alter, repair, move,
improve, remove, sandblast or convert the use of any building, structure or building
service equipment regulated by this Code without complying with all conditions of any
required construction means and methods plan.
(b) Owner’s Responsibility. The property owner shall remain responsible for
any violation of the construction means and method plan regardless of the responsibility
of any other person for the violation or any contract or agreement the owner entered into
with a third party concerning the owner’s property or the construction that necessitated
the preparation of the means and method plan. A licensed contractor serving as the agent
29
of the owner or as the applicant for a permit may be held jointly responsible for violations
of the means and methods plan.
8.100.070 Administrative regulations.
The Building Officer Director shall have the authority to promulgate and or adopt
administrative regulations, consistent with the legislative purpose, to implement the
provisions of this Chapter.
8.100.080 Hazardous Materials
(a) Any owner shall ensure that hazardous materials, such as mold or
asbestos, are properly handled and abated during any construction, demolition or
modification to any building.
(b) Whenever handling or abatement of hazardous materials, such as mold or
asbestos, is undertaken, the owner shall provide proof, to the satisfaction of the Building
Officer, that proper handling and/or abatement procedures, performed by appropriately
certified experts, were followed, and that the site is safe for its intended occupancies.
(c) The City may reasonably engage the services of qualified experts, at the
owner’s expense, to assist the City in evaluating the owner’s compliance with this section.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
30
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
MEANS AND METHOD PLAN FOR
TENANT PROTECTION
DURING BUILDING REHABILITATION
(SMMC 8.100)
PROJECT ADDRESS:
DEVELOPER:
PROJECT MANAGER:
GENERAL CONTRACTOR:
DATE:
(I) PROPERTY DESCRIPTION:
Street Address: __________________________________ City: Santa Monica Zip: _______________
Telephone Number: __________________________ Fax Number: ______________________
Number of Total Units: _____ Number of Stories: _______
□ The unit is occupied by tenants. □ The unit is vacant
(II) CONSTRUCTION PROCESS: (A detailed description of the construction process, organized
sequentially)
Construction Start Date: __________________ Construction Completion Date: ________________
Will Power Be Affected? YES or NO Will Building Access Be Affected? YES or NO
Will Water Be Shut Off? YES or NO Will Light/Ventilation Be Affected? YES or NO
Will Gas Be Shut Off? YES or NO
Construction Sequence:
(III) ANTICIPATED IMPACTS ON TENANTS: (An explanation of the impact that
this construction will have on tenant occupied units)
□ Inadequate sanitation including, water closet, lavatory, bathtub or shower
□ Lack of, or improper kitchen sink
□ Lack of hot and cold running water to plumbing fixtures
□ Lack of adequate heating
□ Lack of minimum amounts of natural light and ventilation
□ Lack of required electrical lighting
□ Dampness of habitable rooms
□ Lack of connection to required sewage disposal system
□ Structural hazards including deteriorated or inadequate foundations, flooring or flooring supports
□ Any of the following structural features that are of insufficient size to carry imposed loads with safety: flooring
or floor supports, members of walls, p artitions, or other vertical supports, members of ceiling, roofs, ceiling and
roof supports, or other horizontal members.
□ Faulty weather protection, including, but not limited to, the following: ineffective waterproofing of exterior
walls, roof, foundations, or floors, including broken windows or doors.
□ The building, premises, or portion thereof, device, apparatus, equipment, combustible waste or vegetation is in
such a condition as to cause a fire or explosion or provide a ready fuel to augment the spr ead and intensity of fire
or explosion arising from any cause.
□ The building, premises, or portions thereof is not provided with adequate exit facilities
□ Other:
(IV) OWNER'S PLAN TO ADDRESS HABITABILITY IMPACTS:
(The owner’s plan to address the habitability impacts on the tenants created by the proposed construction project)
(V) ASSESSMENT OF NEED FOR TEMPORARY DISPLACEMENT:
(An assessment of whether any or all of the tenants will need to be temporarily relocated during any phase of the
work. A tenant will need to be temporarily relocated if the conditions of the property or the repair or rehabilitation
thereof will render the premises unsafe for continued occupancy)
(VI) CONSTRUCTION MITIGATION MEASURES: (A description of the
construction mitigation measures that the owner will implement to minimize the impacts of noise, dust, vibrations,
utility shut-offs, and other construction impacts on tenants. (Added by Ord. No. 1946CCS § 1, adopted 6/29/99;
amended by Ord. No. 1962 CCS § 1, adopted 11/16/99)
I UNDERSTAND THAT THE OWNER OF THE PROPERTY IS REQUIRED BY LAW TO PROVIDE A COPY OF A TENANT NOTICE OF
PROPOSED CONSTRUCTION BY HAND-DELIVERY OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO EACH
TENANT OF THE PREMISES WITHIN 10 DAYS FOLLOWING THE ISSUANCE OF THE PERMIT FOR THE SCOPE OF THE ABOVE
DESCRIBED CONSTRUCTION ACTIVITY. WORK MAY NOT COMMENCE UNTIL ALL TENANTS ARE NOTIFIED AS REQUIRED.
I CERTIFY THAT THE ABOVE INFORMATION IS CORRECT, AND THAT I THE (OWNER) (CONTRACTOR) AGREE TO COMPLY
WITH THE HABITABILITY REQUIREMENTS OF CHAPTER 8.100 OF THE SMMC. A VIOLATION TO ANY OF THESE
REQUIREMENTS WILL CAUSE A STOP WORK ORDER AND CITATION TO BE ISSUED. VIOLATION WILL ALSO RESULT IN
ASSESSMENT OF A FINE.
APPLICANTS SIGNATURE: ______________________________________________ DATE: __________
PLAN CHECK ENGINEER SIGNATURE: ____________________________________ DATE: __________
CITY OF SANTA MONICA permit services www.smgov.net/departments/pcd
SOFT-STORY SEISMIC RETROFIT PERMIT
APPLICATION INFORMATION
The following details the submittal requirements and processes for submitting a soft-story retrofit
permit application. Please review and if you have any questions, contact a Permit Specialist at
310.458.8355 or eplans@smgov.net
BUILDING AND SAFETY DIVISION 1685 MAIN ST SANTA MONICA CA 90401
PLANNING AND COMMUNITY DEVELOPMENT DEPT. ROOM 111 CITY HALL 310.458.8355
Step 1 (Apply) – The attached Supplemental Soft-Story Seismic Retrofit permit application shall
be submitted online using the City’s Electronic Plan Review (EPR) system (see
EPR application packet for upload and submittal instructions). A complete soft-
story seismic retrofit permit application submittal shall consist of the following.
1.A completed EPR/plan check application;
2.A completed Supplemental Soft-Story Seismic Retrofit permit application;
3.Project plans, including site plan, floor plans, and elevations;
4.Structural plans and calculations stamped and signed by a California licensed engineer or
architect
5.Payment of fees.
Step 2 (Review) – The following City department reviews will occur depending upon Prescreen
Checklist responses provided on the Supplemental Soft-Story Seismic Retrofit
permit application.
1.Building & Safety Division – All retrofit projects require Building & Safety approval;
2.City Planning Division
3.Mobility Division
Step 3 (Permit Issuance) – Once approved by all required City reviewers, a retrofit permit can
only be issued upon a visit to Permit Services in City Hall and
completion of all of the following:
1.A printed set of project plans (24” x 36” or larger) downloaded from EPR (with City seal and
project number) is brought to a Permit Specialist in Room 111 of City Hall to obtain a wet-
stamp (this is the plans set required at job site during construction activity);
2.Soft-Story Means & Methods Acknowledgment form (if permit authorizes work on tenant-
occupied residential property) signed by authorized permit holder;
3.Permit fees are paid in full; and
4.Permit is issued by a Permit Specialist to a California licensed contractor with a Class B
(General) license, or other authorized agent (refer to attached Who Can Pull A Building
Permit? informational handout for details of who may legally obtain a permit and what
associated documentation is required at time of permit issuance).
BUILDING AND SAFETY DIVISION
PLANNING AND COMMUNITY DEVELOPMENT DEPT
1685 MAIN ST
ROOM 111 CITY HALL
FORM NO. PSC009 - (12/17)
SANTA MONICA CA 90401
310.458.8355
Permit Application & Fees Project Plans
Project plans that include:
• Site plan • Floor plans
• Elevations • Structural plans and calculations
1.1.
2.2.
3.3.
4.4.
5.5.
•
•
stamped and signed by a California licensed engineer or architect;
dimensions were reduced to the minimum extent necessary;
SMMC Section 9.21.180, for any work within five feet of a property line.
https://www.smgov.net/HVO
NOTES:
• Gas shut-off valves may be required per SMMC Section 8.32.070.
Permits for shut-off valves shall be issued separately from retrofit permit.
• Consult with Rent Control prior to application submittal.
Applicant Signature Date
Y N
See handout at
The above-referenced documents can be downloaded at https://www.smgov.net/Departments/PCD/Permits/Plan-Check/Electronic-Plan-Review
and colors used. Clearly note if proposed colors and materials
SUBMITTAL AND PROCESSING INSTRUCTIONS
• Both existing and proposed conditions shall be provided on • Clearly note reductions in any parking space dimensions and detail how
submitted plans for clear comparative purposes;
All soft-story seismic retrofit permit applications require, and associated submittal requirements identified above, shall be submitted to the City using the
City's Electronic Plan Review (EPR) system. Refer to the following documents for assistance.
How to Create a Plan Check Application in Citizen Access
Plan Check Upload and Submittal Standards for EPR
• Affected areas should be clearly identified (e.g. labeled, clouded);• Site plan, floor plans, elevations, and structural plans and calculations
Project plans submitted for soft-story seismic retrofit shall include all of the following:
PLAN CONTENTS
Does the proposed retrofit work introduce new
materials or colors to exterior of building instead of
matching existing materials and colors?
If 'YES' responses to any questions above, retrofit application requires
City Planning Division Review.
Is vertical clearance reduced to below 7'-00" for any
standard spaces, or 8'-02" for disabled spaces,
including along the vehicle path of travel to or from
the stall?
YES NO
YES NOIs any work proposed to the exterior of the building
beyond the scope of the seismic retrofit?
YES
If 'YES' responses to any questions above, retrofit application requires
Mobility Division Review.
YES NO NO
Is proposed retrofit work within five feet of a property
line and a driveway, sidewalk, street, or alley?
Does the proposed retrofit work reduce the driveway
width or dimensions of any parking stall's back-up
area?
YES NO
CITY OF SANTA MONICA permit services www.smgov.net/departments/pcd
mandatory seismic retrofit required to all buildings of wood-framed construction built under building code
standards before Nov. 10, 1980, and the ground floor contains open floor space with one or more stories above.
PROJECT
NUMBER
SUPPLEMENTAL SOFT-STORY SEISMIC RETROFIT APPLICATION
JOB ADDRESS DATE
SUBMITTAL REQUIREMENTS
PRESCREEN CHECKLIST
YES NO
Completed Combination Building Permit
application, Supplemental Soft-Story Seismic
Retrofit application, and payment of fees.
CITY PLANNING DIVISION MOBILITY DIVISION
Does the proposed retrofit work reduce the length or
width of any parking stall by more than six inches?
(ALL SUBMITTALS REQUIRE BUILDING AND SAFETY DIVISION REVIEW)
Required if retrofit proposed on a
tenant-occupied residential property.
YES NOIs the proposed retrofit work area visible from a public
street?
Soft-Story Retrofit Means & Methods
Acknowledgement (if required)
If yes, requires City
Planning review
Is property on Historic
Resources Inventory?
Permit
Specialist Date
STAFF USE ONLY
YES
• Any reduction in driveway, backup, or aisle dimensions requires approval
of a Minor Modification per Chapter 9.43 of the Zoning Ordinance.
I certify that I have filled out this application completely and state that the above information is correct and accurate.
• Hazardous Visual Obstruction (HVO) triangles shall be included, per• Existing and proposed elevations shall clearly label building materials
will match existing conditions;
NO NO
YES NODoes the proposed retrofit work reduce the length or
width of any disabled parking stalls, including the
landing area?
YESDoes the proposed retrofit work remove or alter more
than 25% of the building's exterior wall elements,
including subsurface or non-decorative cladding?
Does the proposed retrofit work eliminate more than
one parking stall?
• Clearly dimension parking spaces, drive aisles, and backup areas;
CITY OF SANTA MONICA
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
1685 MAIN STREET SANTA MONICA, CA 90401
HABITABILITY DETERMINATION
Date of Inspection: _________________ Time of Inspection: _______________________
Issued To ☐ Owner ☐ Owner Representative:__________________________________________________________________________________
Owner Address: ________________________________________________________________ City:___________________ Zip Code:______________
Building Address:____________________________________________________ Unit: _____
THIS UNIT WAS INSPECTED AND DETERMINED TO BE: ☐ HABITABLE ☐ UNINHABITABLE
CONDITION(S) CAUSING THE AFFECTED UNIT TO BE UNINHABITABLE:
Pursuant to California Health and Safety Code Division 13, Part 1.5, Section 17920.3 and/or Section 116 of the California
Building Code, the building or unit(s) indicated above is determined to be substandard and not suitable for habitability.
☐ Lack of adequate heating [CA H&SC §17920.3(a)(6)]
☐ Lack of adequate hot or cold running water [CA H&SC §17920.3(a)(5)]
☐ Lack of electricity due to premises electrical system (and not due to electric utility or lack of tenant bill payment) [CA H&SC §17995.3]
☐ Lack of natural gas service due to premises gas system (and not due to gas utility or lack of tenant bill payment) [CA H&SC §17995.3]
☐ Lack of water due to premises plumbing system (and not due to water company or lack of tenant bill payment) [CA H&SC §17995.3]
☐ Lack of, or inadequate water closet or toilet [CA H&SC §17920.3(a)(1)]
☐ Lack of, or inadequate bathtub or shower [CA H&SC §17920.3(a)(1)]
☐ Lack of, or inadequate lavatory [CA H&SC §17920.3(a)(1)]
☐ Lack of, or inadequate kitchen sink [CA H&SC §17920.3(a)(3)]
☐ Lack of connection or operation to the sanitary sewage [CA H&SC §17920.3(a)(15)]
☐ Other: ___________________________________________________________________________________________________
__________________________________________________________________________________________________________
ESTIMATED LENGTH OF TIME TO MAKE REPAIRS: _________________
Inspected and Verified on Behalf of the Building Officer By:
_____________________________________________ _______________________________ Phone: 310-458-4984
Code Enforcement Officer / Building Inspector (Printed Name) Signature
RELOCATION ORDER
Date of Relocation Order: ______________
☐ LANDLORD IS REQUIRED TO PROVIDE TEMPORARY RELOCATION BENEFITS as OF ____________________________
The City of Santa Monica has determined that the present condition at the subject unit identified above is uninhabitable and relocation of
the tenant is required. By Order of the Building Officer each affected tenant shall be temporarily relocated. When indicated above,
temporary relocation benefits shall be provided by the landlord pursuant to Section 4.36.100 of the Santa Monica Municipal Code.
☐ LANDLORD IS NOT REQUIRED TO PROVIDE TEMPORARY RELOCATION BENEFITS
☐ TENANT ELECTS TO REMAIN IN THEIR UNIT
☐ TENANT RESPONSIBLE FOR CONDITION THAT RENDERED THE UNIT UNINHABITABLE
THE ESTIMATED RELOCATION PERIOD IS THE LENGTH OF TIME TO MAKE REPAIRS SHOWN ABOVE. Upon receiving this relocation order,
the landlord is required to promptly obtain any required permits and/or approvals from the City and promptly commence the necessary
work to restore the affected unit to a habitable condition. The landlord shall not exceed the estimated relocation period as determined by
the Building Officer. Should a longer period be necessary, the landlord must request an extension from the Building Officer and
demonstrate good cause for an extension. The Building Officer can be contacted by calling 310-458-2201 extension 5595.
Approved By Order of the Building Officer
____________________________________________ _________________________________ Phone: 310-458-4984
Code Enforcement Officer (Printed Name) Signature
FOR CODE ENFORCEMENT USE ONLY - NOTICE OF VIOLATION
You are hereby ordered to correct the condition(s) causing the affected unit to be uninhabitable by the Compliance Due Date. Failure to
correct the violation and restore the habitability by the compliance due date may result in the issuance of an administrative citation,
criminal prosecution, and/or other enforcement action against you.
________________________________________ Compliance Due Date:____________
Code Enforcement Officer Signature
Attachments: SMMC Chapter 4.36, Temporary Relocation Assistance Information Sheet
cc: ☐ Tenant (w/attachments) ☐ Building and Safety ☐ Code Enforcement ☐ Neighborhood Preservation Coordinator ☐ Rent Control (w/o attachments)
White Copy=City of Santa Monica Yellow Copy=Owner Pink Copy=Tenant
Conditions of Tenant Temporary Relocation Order
Temporary relocation shall be for the length of the condition affecting inhabitability. The
Relocation Order shall continue in effect until the Building Officer has determined that the
condition has been abated or corrected.
Pursuant to Section 4.36.100(c) (1), if it is anticipated that a tenant(s) will be displaced for a
period of less than 30 days, the landlord shall pay the tenant relocation costs in the per diem
amounts set by the City Council pursuant to SMMC 4.36. The landlord shall have the option, in
lieu of providing tenant relocation costs of providing the tenant with comparable housing for the
period of the displacement or temporary placement in a safe and sanitary hotel/motel if the
relocation is estimated to be five (5) days or less. If the relocation extends beyond 5 days, the
tenant shall be entitled to the per diem or comparable housing, unless the tenant explicitly
agrees to extend his/her stay in the hotel/motel. The tenant shall remain responsible to pay to
the landlord rent which falls due for the tenant’s existing unit during the period of displacement.
Pursuant to Section 4.36.100(c)(2), if it is anticipated that the displacement will be for a period
of thirty (30) days or greater, the landlord shall provide either temporary rental housing or per
diem payments prepaid by the landlord in weekly increments. If the landlord elects temporary
rental housing, such housing shall be comparable to the tenant’s existing housing, as
determined by the Building Officer. The landlord shall pay all costs associated with the
temporary housing including rent, even if the temporary housing is more expensive than the
tenant’s existing units. The tenant shall remain responsible to pay rent to the landlord for the
tenant’s existing unit during the period of displacement. Note: A landlord’s election of
temporary rental housing shall not be revocable by the landlord, once the tenant moves into the
temporary housing.
When required, moving costs shall consist of all actual reasonable costs of moving, including
transportation of personal property, packing and unpacking, insurance of personal property
while in transit, compensation for any damage occurring during moving, necessary storage of
personal property, disconnection and reconnection of utility services related to the move and
any other additional costs attributable to a tenant’s special needs, including needs resulting from
disability or age.
Relocation benefits shall be paid to the tenant within 24 hours of this Order. The owner or
responsible person providing the relocation benefits shall contact the Code Enforcement
Division confirming that tenant has vacated the building or unit and has been provided with
relocation benefits.
If a tenant elects to remain in his/her unit following an order directing temporary relocation, the
tenant shall not receive relocation benefits.
Appeal Rights
A landlord or tenant who disputes a habitability determination or relocation order
regarding temporary relocation benefits may request a hearing pursuant to the
procedure set forth in Chapter 6.16. Any such hearing request shall be filed with the
Building & Safety Division within two business days of the notice or Order. The Building
& Safety Division can be contacted by phone at 310-458-2201 extension 5595 or by email
at relocation.appeal@smgov.net.
A request for a hearing however, does not automatically stay the Tenant Temporary
Relocation Order.
CITY OF SANTA MONICA
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
1685 MAIN STREET SANTA MONICA, CA 90401
CITY OF SANTA MONICA LIFTING OF RELOCATION ORDER
Relocation Order Number: _______________ Date of Order: _____________________
Issued To ☐ Owner ☐ Owner Representative:____________________________________________________________
Owner Address: _______________________________________ City:___________________ Zip Code:______________
Building Address:____________________________________________________ Unit: _____
YOU ARE HEREBY NOTIFIED THAT THE RELOCATION ORDER REFERENCED ABOVE HAS
BEEN LIFTED EFFECTIVE _______________________, 20___.
The City of Santa Monica has concluded that the Unit at the above referenced address has been restored to a habitable
condition based on the following:
☐ Building Permit Final
☐ Utility Company Release
☐ Other: __________________________________________________________________________________________
__________________________________________________________________________________________________
The following may be used when the repairs and/or alterations do not require a City of Santa Monica building
permit:
☐ Contractor Repair Certification
☐ Owner Repair Certification
The Landlord is not required to pay or provide temporary relocation benefits on or after_________________, 20___.
Relocation Order Lifted on Behalf of the Building Officer by:
__________________________________________ _________________________________ Phone: 310-458-4984
Code Enforcement Officer (Printed Name) Signature
The landlord or tenant has the right to appeal this determination by filing an Appeal Request within two Business Days of
the date shown above. Any such appeal would be reviewed through an administrative hearing conducted by an
Administrative Hearing Officer, pursuant to Santa Monica Municipal Code Section 4.36.100. If you choose to file such an
appeal, please contact the Building and Safety Division by email at relocation.appeal@smgov.net or by phone at (310)458-
2201 extension 5595.
Approved by Order of the Building Officer
Attachments: ☐ Final Building Permit ☐ Utility Company Release ☐ Contractor Certification ☐ Owner Certification
cc: ☐ Tenant ☐ Building and Safety ☐ Code Enforcement ☐ Neighborhood Preservation Coordinator ☐ Rent Control
White Copy= City of Santa Monica Yellow Copy=Owner Pink Copy=Tenant
1
Vernice Hankins
From:Anne <anne@healthyfinances.com>
Sent:Monday, August 13, 2018 2:22 PM
To:councilmtgitems
Cc:janet@aagla.org
Subject:NO to Property Rehabilitation Requirements :August 14
VOTE NO to ALL the recommended changes to the City of Santa Monica’s vote proposed on August 14.
These proposed changes are horrible and totally unfair especially for small apartment owners like myself, who
is also a senior, to comply with these rules. The time and especially the cost would be prohibitive!
Anne Jaude
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Vernice Hankins
From:Maria Lopez <westgate61@gmail.com>
Sent:Monday, August 13, 2018 3:14 PM
To:councilmtgitems
Cc:janet@aagla.org
Subject:Santa Monica
I dont live or have any property in Santa Monica (than God!).... but alll of those folks in City Hall are nuts, they
want to control property and have a say in what happens there. City Hall needs to be stopped property owners
have a right to manage their own property because they paid for them and they pay their property taxes. It
seems that the LA county is trying to do the same sooner or later, they must be stopped otherwise people will
leave the state to a friendlier state..
--MM
Item 7-D
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Vernice Hankins
From:Karim Jaude <karim@dynamicscapital.com>
Sent:Monday, August 13, 2018 4:38 PM
To:councilmtgitems
Cc:janet@aagla.org
Subject:NO to Property Rehabilitation Requirements :August 14
VOTE NO to ALL the recommended changes to the City of Santa Monica’s vote proposed on August 14.
These proposed changes are horrible and totally unfair especially for small apartment owners like myself, who
is also a senior, to comply with these rules. The time and especially the cost would be prohibitive!
Karim Jaude,
Your partner in Real Estate
www.dynamicscapital.com
Phone: (310) 471‐0650
Cell: (310) 351‐8797
Fax: (310) 471‐2815
Author: The Smart Real Estate Investor's Guide
Facebook: LinkedIn: Twitter : Meetup
Item 7-D
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Vernice Hankins
From:Zara Nguyen <zara@dynamicscapital.com>
Sent:Monday, August 13, 2018 4:39 PM
To:councilmtgitems
Cc:janet@aagla.org
Subject:RE: NO to Property Rehabilitation Requirements :August 14
VOTE NO to ALL the recommended changes to the City of Santa Monica’s vote proposed on August 14.
These proposed changes are horrible and totally unfair especially for small apartment owners like myself, who
is also a senior, to comply with these rules. The time and especially the cost would be prohibitive!
Sincerely
Zara Nguyen,
Acquisition Manager
www.dynamicscapital.com/about
Phone: (714) 417‐3703
Fax: (310) 471‐2815
Item 7-D
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Vernice Hankins
From:Michele <roblarranch@sbcglobal.net>
Sent:Monday, August 13, 2018 6:15 PM
To:councilmtgitems
Cc:janet@aagla.org
Subject:Property rehabilitation requirements
The city council has gone rogue apparently by these 9 recommendations for tenants. All you will be accomplishing is the
direction toward less affordable housing choices. I for one would sell an older building 1950s to a developer who will
erect high price luxury condos,
unaffordable and inaccessible to renters. Your tenant driven only rights will squeeze the marketplace undoubtedly.
Ridiculous demands and red tape adding to the cost of running a building. Tenants who are unable to use a sink due to a
stoppage caused by tenant misuse or the landlord trying to replace a sink will result in unaffordable costs. I ask you who
in their right mind would want to be a landlord in any part of California? Owners are being abused, I will cash out so
less housing for tenants. . . Done . The city council should be subsidizing repairs and improvements to older properties
accommodating property owners not the opposite of discouraging rental units. When tenants are forced out they can
thank their city council and you can find another unit for renters. I know of renters who illegally air bb part of their
units without landlord consent or knowledge. You do nothing to back the landlord and evict tenant for cause and
damage. Ever schedule workers and tenants lock unit no access for scheduled repairs? Happens way to often and
those are the most demanding rude entitled renters. Everyone owes them in society. Common sense has disappeared.
Very disappointed with the entire city of la, Santa Monica, West Hollywood, etc.
Thank you
I will move on invest in other cities. Quality of life is zero now.
Michele
Sent from my iPad
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