SR 08-28-2018 7C
City Council
Report
City Council Meeting: August 28, 2018
Agenda Item: 7.C
1 of 1
To: Mayor and City Council
From: Lane Dilg, City Attorney, City Attorney’s Office
Subject: Second Reading and Adoption of 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 City Council adopt the attached Ordinance.
Executive Summary
At its meeting on August 14, 2018, the City Council introduced for first reading an
ordinance amending Articles IV and VIII of the Santa Monica Municipal Code by
updating tenant relocation assistance and tenant protection during construction laws.
The ordinance is now presented to City Council for adoption.
Prepared By: Elsa Kapsinow, Executive Assistant to the City Attorney
Approved
Forwarded to Council
Attachments:
A. Ordinance - Tenant Protection - Second Reading - 08282018
1
City Council Meeting: August 28, 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.
(c) 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.
(d) 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).
(e) 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.
(f) Minor Child. Any person younger than eighteen years of age.
3
(g) Permanent Relocation. The relocation of a tenant due to permanent
termination of tenancy, in which case the tenant will not reoccupy the unit.
(h) 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.
(i) Senior Citizen. Any person sixty-two years of age or older.
(j) Temporary Relocation. The relocation of a tenant temporarily and where
tenancy has not been terminated.
(k) 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 rental
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 Regulation 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 unit fo r 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
6
(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 disp laced 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 unit.
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 ins tructions
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 replacement 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 rendered or a judgment
has been entered in favor of the landlord prior to the tenan t’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 displaced 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 Section 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.
10
(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.
11
(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 hundre d 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 m eans 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
seeking 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 of 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.
13
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 forwardin g 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
14
tenants and relocation benefit requirements and responsibilities established by this
Section.
(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.
15
(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,
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 Director. 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.
(4) 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.
(5) If the landlord or the Building Officer determ ines 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
16
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
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.
(6) 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.
(7) 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.
17
(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 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
18
and the Director may grant early termination of temporary relocation obligations with
respect to that tenant. The Director may develop criteria that would aid in reviewing such
requests.
(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 five business
days of the notice or order on a form provided by the Building Officer.
(j) An appeal shall not automatically stay the 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 landlo rd 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.
19
(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
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.
20
(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
by the landlord, as determined by the Fire Marshal or Building Officer (such as vehicle
accident, criminal activity, public utility failure or adjacent building failu re). 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.
21
(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.
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 Director may require the landlord to furnish security to the City sufficient to
ensure the timely and faithful performance of all work included within the sc ope 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;
22
(c) Bond or bonds by one or more duly authorized corporate sureties;
(d) A restricted bank account.
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. The Building Officer may consult all relevant sources of authority, 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 m ethod plan is
approved by the Building Officer, if required.
23
(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
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.
(f) The Building Officer may stop construction until all applicable requirements
of this Chapter have been met.
8.100.020 Reserved.
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;
24
(3) A copy of the notice required by Section 8.100.040(a) 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.
(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) 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 affected tenants of the property consistent with the standards set forth by
Administrative Regulations. This notice shall be hand-delivered, with a proof of service, to
25
each affected tenant of the property or sent by certified mail or otherwise delivered in a
form of electronic means acceptable to the City.
(b) The notice required by subsection (a) of this Section shall contain the
following information:
(1) A statement that the construction being undertaken at the property will not
terminate the tenant’s tenancy;
(2) 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.
(c) The 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.
(d) In addition to the notice required by subsections (a), (b), and (c) of this
Section, if the projected construction period is 30 days or more, the 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 owner or owner representative and the City regarding
any conditions at the property which any tenant considers to be unsafe, unsanitary, in
26
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
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 Director shall have the authority to adopt administrative regulations, consistent
with the legislative purpose, to implement the provisions of this Chapter.
27
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
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.
28
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
REFERENCE:
Ordinance No. 2585
(CCS)