O26501
City Council Meeting: September 8, 2020 Santa Monica, California
ORDINANCE NUMBER 2650 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SANTA MONICA MUNICIPAL CODE CHAPTER 6.22:
RESIDENTIAL LEASING REQUIREMENTS
WHEREAS, the State is experiencing a severe housing crisis that is driving the
cost of living beyond the reach of an increasing share of the population; and
WHEREAS, the City has long been committed to ensuring that Santa Monica is an
inclusive and affordable community despite mounting market pressures; and
WHEREAS, through discussions that occurred as part of the adoption process for
the City’s major policy documents, including the Land Use and Circulation Element
(“LUCE”) of the City’s General Plan in 2010, the current Housing Element in 2013, the
City’s new Zoning Ordinance, Chapters 9.01 through 9.52 of Article 9 of the Santa Monica
Municipal Code (“Zoning Ordinance”) in 2015, and the Downtown Community Plan in
2017, and recent amendments to the City’s Affordable Housing Production Program, the
City has identified the need for a variety of housing types to serve all household sizes at
all income levels; and
WHEREAS, with approximately 75% of its residents in rental housing, the City has
maintained a long-standing commitment to protecting tenants and existing rental housing
stock, particularly in rent-controlled housing; and
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WHEREAS, within the context of the Statewide housing shortage and associated
impacts on housing affordability, the City has an interest in ensuring that its rental housing
stock is retained for permanent housing to the greatest extent possible; and
WHEREAS, on August 14, 2018, in light of rapidly-intensifying market pressures
on local rents, Council directed staff to study what constitutes “corporate housing” and
“short-term rentals” for purposes of the Santa Monica Municipal Code; and
WHEREAS, on December 18, 2018, the City Council conducted a study session
on corporate housing in response to growing concerns about the erosion of the City’s
supply of affordable housing due to market pressures, expressing particular concern
about adverse impacts of renovation of rent-controlled housing and construction of new
housing that appeared intended to facilitate temporary occupancy; and
WHEREAS, as a result of the December 18, 2018 study session, Council directed
staff to bring back options for protecting rent-controlled units, amending the corporate
housing definition, revising the Zoning Ordinance to address new housing models, and
enhancing enforcement measures to maximize the use of the City’s housing stock for
permanent housing; and
WHEREAS, on September 10, 2019, the City Council conducted a study session
on policy options for existing housing stock and new housing models, smaller units, co-
living models and transitory-based housing models; and
WHEREAS, at the conclusion of the September 10, 2019 study session, Council
directed staff to examine amendments to the Municipal Code to clarify and update
regulations for multiple-unit dwellings and related uses, to possibly allow for new housing
models and housing for persons who wish to reside in the City temporarily in certain areas
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in the City, but to prioritize protections for use as permanent housing of rent-controlled
units and the City’s existing housing stock in residential districts; and
WHEREAS, temporary housing, with lease terms of more than thirty days but less
than a year, typically has a higher monthly price point than rental housing subject to
annual leases, thereby increasing market pressure on rents; and
WHEREAS, increased demand for rental housing in the City, combined with rising
housing costs across the City and the State, have made it increasingly difficult for those
who live and work in Santa Monica to find rental housing that is available, affordable, and
meets their needs; and
WHEREAS, the City Council finds and declares that tenants are entitled to
contractual relationships with landlords that offer some assurances of stability and
minimize frequent displacements of tenants in a rental housing market affording tenants
few and increasingly expensive options; and
WHEREAS, the City Council further finds and declares that, as a result, the City’s
rental housing stock should, to the extent possible, be preserved for use as long-term
permanent housing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Chapter 6.22 is hereby added to read
as follows:
Chapter 6.22 Residential Leasing Requirements
6.22.010 Purpose.
Santa Monica has an extensive history of protecting existing housing stock and
encouraging the creation of new housing opportunities to ensure an inclusive and
affordable community despite mounting market pressures. Increased demand for rental
housing in the City, combined with rising housing costs across the City and the State,
have made it increasingly difficult for those who live and work in Santa Monica to find
rental housing that is available, affordable, and meets their needs. The Council finds and
declares that the City’s rental housing stock should, to the extent possible, be preserved
for use as long-term permanent housing, and further finds and declares that tenants are
entitled to contractual relationships with landlords that offer some assurances of stability
and minimize frequent displacements of tenants in a rental housing market affording
tenants few and increasingly expensive options.
6.22.020 Definitions.
For purposes of this Chapter, the following words or phrases shall have the
following meanings:
(a) “Landlord” means an owner, lessor, sublessor, or any other person entitled
to receive rent for the use and occupancy of any rental housing unit, or an agent,
representative or successor of any of the foregoing.
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(b) “Lease” means an agreement, oral or written or implied, between a landlord
and a tenant for use or occupancy of a rental housing unit, or any portion of a rental
housing unit, and for housing services.
(c) “Primary Residence” means the usual place of return for housing of a
tenant, as documented by at least two of the following: motor vehicle registration, driver’s
license, California state identification card, voter registration, income tax return, or a utility
bill. A tenant can only have one primary residence.
(d) “Rental housing unit” means any of the following that is used as rental
housing within the City:
(i) A dwelling unit, as defined by Santa Monica Municipal Code
Section 9.52.020.0730, except that a dwelling unit for purposes of this Chapter
may be less than 375 square feet in size;
(ii) An accessory dwelling unit, as defined by Santa Monica Municipal
Code 9.51.020(A)(1)(b);
(iii) A junior accessory dwelling unit, as defined by Santa Monica
Municipal Code Section 9.51.020(A)(1)(f); or
(iv) A unit in single-room occupancy housing, as defined by Santa
Monica Municipal Code Section 9.51.020(A)(1)(d)(i).
(e) “Sublease” means a lease by a tenant to a subtenant transferring the right
to possession to some or all of a rental unit for a term shorter than that of the tenant.
(f) “Tenant” means a tenant, subtenant, lessee, sublessee or any other person
entitled under the terms of a lease to use or occupancy of any rental housing unit.
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(g) “Unfurnished rental housing unit” means a rental housing unit that is
delivered by the landlord to the tenant without any furnishings, computer equipment,
housewares, bed linens, towels, artwork, televisions, entertainment systems, or
appliances except for a stove, a refrigerator, a microwave, a dishwasher, a clothes
washing machine and/or a clothes dryer.
6.22.040 Requirement to lease rental housing units to natural persons
A landlord and tenant may enter into a lease only if the tenant is a natural person.
6.22.050 Requirement that a tenant use and occupy a rental housing unit as the
tenant’s primary residence
A landlord and tenant may enter into a lease only if the tenant will use and occupy
the rental housing unit as the tenant’s primary residence. No later than sixty (60) days
following the commencement of the lease, the tenant must provide and the landlord must
receive documentation as specified in Section 6.22.020(c) that the rental housing unit is
the tenant’s primary residence. Landlord shall retain this documentation throughout the
duration of tenant’s lease and shall provide it to the Director of the Community
Development Department or delegee on request.
6.22.060 Requirement of minimum lease terms to tenants
A landlord and tenant may enter into a lease only if it is in writing and for an initial
lease term of no less than one year.
6.22.070 Requirement that landlord deliver unfurnished housing units
A landlord and tenant may enter into a lease only if the rental housing unit is an
unfurnished rental housing unit. A sublessor who is a natural person and who will
continue to reside in the rental unit as his or her primary residence is exempt from this
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requirement as is a sublessor who enters into a sublease that replaces a departed tenant
or subtenant under the rental agreement on a one-for-one basis.
6.22.080 Notice
Landlords shall provide all prospective tenants with a written notice summarizing
the requirements of Sections 6.22.060 and 6.22.070. The notification must be provided in
English and Spanish and must be provided electronically if the application and/or lease
are processed electronically. The form of the notice required shall be determined by
administrative regulations issued pursuant to Section 6.22.130.
6.22.090 Prohibition
No person shall undertake, maintain, authorize, aid, facilitate or advertise any
lease of a rental housing unit that does not comply with this Chapter.
6.22.100 Applicability
(a) This chapter shall not apply to:
(1) Rental housing units lawfully occupied and subject to a written lease
as of the effective date of this Ordinance until the tenant or tenants using and
occupying the rental housing unit vacate the unit;
(2) Rental housing units lawfully occupied and not subject to a written
lease as of the effective date of this Ordinance until the tenant or tenants using
and occupying the rental housing unit vacate the unit;
(3) Home-sharing lawfully conducted in accordance with Santa Monica
Municipal Code Chapter 6.20;
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(b) In the event of any conflict between the provisions of this Chapter and any
laws, regulations, requirements governing rental housing units described in paragraphs
(1) and (2) below, those laws, regulations or requirements shall prevail.
(1) Rental housing units owned or operated by any government agency
or whose rent is subsidized by any government agency, including but not limited
to subsidies under the federal government’s Housing Choice Voucher program
(Section 8); and
(2) Rental housing units subject to a covenant or agreement, such as an
inclusionary housing agreement or an affordable housing agreement, with a
government agency, including the City, the State of California, or the federal
government, restricting the rental rate that may be charged for that unit.
6.22.110 Tenant remedies
(a) Defense to Action to Recover Possession. It shall be a defense in any legal
action brought by the landlord to recover possession of a rental housing unit within one
year of the tenant’s initial occupancy of the rental housing unit that the landlord failed to
comply with the provisions of Section 6.22.060, Section 6.22.070, or Section 6.22.080.
(b) Defense to Action to Collect Rent. It shall be a defense in any legal action
brought by the landlord to collect rent for a rental housing unit within one year of the
tenant’s initial occupancy of the rental housing unit that the landlord failed to comply with
the provisions of Section 6.22.060, Section 6.22.070, or Section 6.22.080.
(c) Injunctive Relief. A tenant may seek injunctive relief on his or her own behalf
and on behalf of other affected tenants to enjoin the landlord’s violation of this Chapter.
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(d) Remedies are Nonexclusive. Remedies provided in this Section are in
addition to any other existing legal remedies and are not intended to be exclusive.
6.22.120 Nonwaiver
Any waiver or purported waiver by a tenant of his or her rights under this chapter
prior to the time when such rights may be exercised shall be void as contrary to public
policy.
6.22.130 Administrative Regulations
The City Manager or designee may promulgate administrative regulations to
implement the provisions of this Chapter, including, but not limited to, noticing procedures
and requirements. No person shall fail to comply with any such regulations.
6.22.140 Enforcement
(a) Any person who violates any provision of this Chapter shall be subject to
administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of
this Code.
(b) Any person who violates any provision of this Chapter shall be guilty of an
infraction which shall be punishable by a fine not exceeding seven hundred fifty dollars,
or a misdemeanor, which shall be punishable by a fine not exceeding one thousand
dollars, or by imprisonment in the County Jail for a period not exceeding six months or by
both such fine and imprisonment.
(c) The remedies provided in this Section are not exclusive, and nothing in this
Section shall preclude the use or application of any other remedies, penalties or
procedures established by law.
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SECTION 2. Any provision of the 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 3. 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.
SECTION 4. 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:
_______________________
GEORGE S. CARDONA
Interim City Attorney
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Approved and adopted this 8th day of September, 2020.
_____________________________
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica,
do hereby certify that the foregoing Ordinance No. 2650 (CCS) had its
introduction on August 25, 2020 and was adopted at the Santa Monica City
Council meeting held on September 8, 2020, by the following vote:
AYES: Councilmembers Davis, Himmelrich, Jara, McCowan, Winterer
Mayor Pro Tem O’Day, Mayor McKeown
NOES: None
ABSENT: None
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2650 (CCS) was duly published
pursuant to California Government Code Section 40806.
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9/21/2020