O2130
f:\atty\share\cfh\relocation\ellisord2d-1.doc
City Council Meeting 6-22-04 Santa Monica, California
ORDINANCE NUMBER 2130 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 4.36 OF THE SANTA MONICA MUNICIPAL
CODE TO EXTEND RELOCATION BENEFITS TO All RESIDENTS DISPLACED BY
ELLIS ACT EVICTIONS
WHEREAS, the City's Relocation Assistance Ordinance (Chapter 4.36 of the
Santa Monica Municipal Code) originally required relocation assistance for all tenants
whose units were withdrawn from the rental market under Government Code Sections
7060 et seq. (the "Ellis Act"); and
WHEREAS, the California Court of Appeal in Channing v. City of Berkeley (1992)
11 Cal AppAth 88, interpreted Government Code Section 7060.1 (c) to restrict local
authority on Ellis relocation benefits to lower income households; and
WHEREAS, in 1994, by Ordinance Number 1765 (CCS), in response to the
Channing decision, the City amended the Relocation Assistance Ordinance to limit Ellis
relocation to lower income households; and
WHEREAS, effective January 1, 2004, the California legislature amended
Government Code Section 7060.1 (c) so as to broaden local authority on Ellis relocation
benefits to all tenants regardless of income; and
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WHEREAS, the new amendment to Government Code Section 7060.1 (c)
renders moot the Court of Appeal's holding in Channing; and
WHEREAS, finding replacement rental housing in Santa Monica or surrounding
communities is very difficult irrespective of household income; and
WHEREAS, the City wishes to assure fair and proper compensation for all
tenants who are displaced by Ellis Act evictions in order to facilitate their relocation,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.36.030 of the Santa Monica Municipal Code is amended
to read as follows:
Section 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;
(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
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a 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).
SECTION 2. Section 4.36.120 of the Santa Monica Municipal Code is amended
to read as follows:
Section 4.36.120 Inapplicability of Chapter to certain evictions.
(a) Notwithstanding Section 4.36.110, 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(h) of the City Charter served on or before June 10, 1986.
(b) Section 4.36.100 shall not be applicable if the displacement and
relocation of the tenant is the result of an earthquake or other natural
disaster.
(c) Section 4.36.100 shall not be applicable if the displacement and
relocation of the tenant is necessary to comply with the repair and
retrofitting requirements of Municipal Code Chapters 8.60, 8.64, 8.72,
8.76, and 8.80. However, in the event of such displacement, a landlord
shall be responsible to pay the displaced tenant the difference between
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reasonable rent actually paid for comparable temporary accommodations,
and the rent which would have been payable to the landlord had the
displacement not occurred, for any period of displacement which exceeds
the following limits:
(1) For buildings less than five stories in height, one hundred eighty
days, or if asbestos removal is required, two hundred seventy days.
(2) For buildings five stories or more in height, two hundred seventy
days, or if asbestos removal is required, three hundred sixty days.
The Building Officer and Director of Planning and Community
Development may jointly authorize a longer time period to complete repair
and retrofitti n g if, prior to displacement, they find that due to
circumstances unique to the building, the repair and retrofitting will take
longer than the preceding time limits. Additionally, after tenant
displacement, the Building Officer and Director of Planning and
Community Development may jointly grant a reasonable extension of the
time limit if they find that the landlord is proceeding diligently and
expeditiously with repair and retrofitting, and that the inability to complete
the project within the established time limit is due to the occurrence of
events that were reasonably unforeseeable by and beyond the control of
the landlord; provided, however, that the landlord's inability to finance such
repair and retrofitting shall not be grounds for such an extension.
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The displacement and relocation of a tenant for repair and
retrofitting pursuant to Municipal Code Chapters 8.60, 8.64, 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. This amendment to
subsection (d) of this Section is declaratory of existing law.
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.
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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:
-i!ktft~r !tif,~
A HA JONE' MOUT E
City Attorney
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Approved and adopted this 13th day of July, 2004.
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Richard Bloom, Mayor
State of California )
County of los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2130 (CCS) had its introduction on June 22, 2004, and was
adopted at the Santa Monica City Council meeting held on July 13, 2004, by the
following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro T em McKeown, Feinstein,
Katz, Holbrook, O'Connor, Genser
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
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Maria M. Stewart, ity Clerk
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