HomeMy WebLinkAboutCC RESO 2018-1470
RESOLUTION NO. 2018 — 147
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2018
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, pursuant to the authority provided under the California Elections
Code, a petition has been filed with the City Council of the City of National City, signed by more
than ten (10) percent of the number of registered voters of the City, to submit a proposed
ordinance establishing a program of residential rent control, including creation of an
independent rent board, and including just cause for eviction protections and rent stabilization
provisions; and
WHEREAS, the City Clerk has caused to be examined the records of registration,
and it has been determined that the petition was signed by the requisite number of voters, and
the petition has been so certified; and
WHEREAS, the City Council is authorized and directed by the Elections Code to
submit the proposed ordinance to the qualified voters of the City; and
WHEREAS, pursuant to the Elections Code, the City Council hereby submits the
proposed ordinance to the qualified voters of the City at the general municipal election to be
held on November 6, 2018; and
WHEREAS, the City council of the City of National City called a general
municipal election to be held on November 6, 2018, for the purpose of submission of the
proposed ordinance to the voters; and
WHEREAS, it is desirable that the General Municipal Election be consolidated
with the statewide general election to be held on the same date and that within the City the
precincts, polling places and election officers for the two election be the same, and that the
Registrar of Voters of the County of San Diego canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That pursuant to the requirements of Section 10403 of the Election Code,
the Board of Supervisors of the County of San Diego is hereby requested to consent and agree
to the consolidation of a General Municipal Election with the statewide general election on
Tuesday, November 6, 2018 for the purpose of submission of the following ballot measure to
the voters:
Shall an ordinance be adopted
establishing a program of residential
rent control, including creation of an
independent rent board, and including
just cause for eviction protections and
rent stabilization provisions?
Yes
No
Resolution No. 2018 — 147
July 2 , 2018
Page Two
Section 2. That the above -proposed ordinance to be submitted to the voters is
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. That the election hereby called for November 6, 2018 shall be held and
conducted, election officers appointed, voting precincts designated, ballots printed, polls opened
and closed, ballots counted and returned, returns canvassed, results declared, and all other
proceedings incidental to and connected with the election shall be regulated and done in
accordance with the provisions of Section 10418 of the Elections Code, and as specified herein.
The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters
are hereby requested to order the consolidation of the municipal election hereby called with any
other election to be held within the City on said date, and that said election shall be held in all
respects as if there were only one election.
Section 4. That the vote requirement for the measure to pass is a majority (50% + 1)
of the votes cast.
Section 5. That the ballots to be used at the election shall be in form and content as
required by law.
Section 6. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
Section 7. That the Registrar of Voters is authorized to canvass the returns of the
General Municipal Election. The election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used.
Section 8. That pursuant to Section 10002 of the Elections Code, the Board of
Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps
necessary for the holding of the consolidated election, including preparation and furnishing of
the following:
a) A listing of County precincts with the number of registered voters in each,
so the City may consolidate election precincts into City voting precincts, and maps of the voting
precincts;
b) list of polling places and poll workers the County uses for its elections;
c) The voter record of the names and addresses of all eligible registered
voters in the City;
d) Voter signature verification services as needed;
e) Make available to the City election equipment and assistance as needed
according to state law.
Section 9, That the City of National City recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for
any such costs.
Resolution No. 2018 — 147
July 24, 2018
Page Three
Section 10. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego,
and enter it into the book of original Resolutions of the City.
Section 11. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions of the City.
PASSED and ADOPTED this 24th day of July 18
Morrison, Mayor
ATTESJ:
r Michaei R. D.' , City Clerk
APPROVED AS TO FORM:
Passed and adopted by the Council of the City of Na:tionat City, California,on
July 24,2018 by the foliowing vote, to -wit:
Ayes: Councilmembers Cana, Morrison, Rios:, SoteoSoI1.s.
Nays: None.
Absent: None,
Abstain: Mendivil.
AUTHENTICATEDBY: R.ON MORRNSQIV
Mayor of the City of National City, California
City Clerk of the City of National City,. California
E3
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2018-147 of the City of National City, Callfornia, passed and
adopted by the Council of s:ald City on July 24, 2018,
y:
City Clerk of the City of National City, California
Deputy
THE PEOPLE OF NATIONAL CITY ORDAN AS FOLLOWS:
THE NATIONAL CITY RENT CONTROL AN D
COMMUNITY STABILIZATION ORDINANCE
Sec, 1 Title and Purpose.
Se.c. 2 Findings.
Sec. 3 Definitions.
Sec. 4Hoieov/ner Protections.
Sec,
5 Just Cause for Evictlon Pr�tections,
Sec. 6 Rental Housing Board.
sec, 7 Stabilization of Rents Right of Reasonable Return for Landlords.
Sec.8 NonwaiverabiIity.
Sec. 9 Judicial Review.
Sec. 10 Remedies:
Seco 11 Irijunctive and Other Civil Relief.
Sec. 12 Partia Invalidity.
Sec. 13 Supersedes.
Sec. 14 MaJority Approval, Effective Date, Execution.
Sec. 1. Title and Purpose.
This Ordinance shall be known as the National pity RANT CONTROL and
Communty Stabflity Ordinance, The purpose of phis Ordinance is to promote
neighborhood and community stability, heafthy ho.using, and affordability for renters in
Natiorial City by controlling excessive rent increases and arbitrary evictions to the greatest
extent allowable under California law, while ensuring Landlords a fair and reasonable
return on their investment and protections for homeowners,
Sec. 2,, Findings.
The people of National City find and declare as fellows:
(a) In its most recent report on the San Diego County Housing Market Area, the
Department of Hawing and Urban Dav&opment (HUD) described the County's rental
housing market as "currently tight" at a vacancy rate of 3.6%, having dropped from a
vacancy rate of 5.6% in 2010.
(b) In a story published October 5, 2017, the San Diego Union Tribute stated that
"average rent in San Diego County hit a record high of $1,875 last month, continuing
more than six years of rising rents in a tight housing market."
(e) According to the US Census Bureau American Community Sunray;
is Renters make up 68.1 % of all occupied housing units in National City.
0 National City presently has the Iowest median gross rent of any incorporated
city within San Diego County
EXHIBIT A
Page 1 of 22
Certification:
I, Irvin Martinez, acknowledge that it is a misdemeanor under state law (Section 18650
of the Elections Code) to knowingly or willfully allow the signatures on an initiative
petition to be used for any purpose other than qualification of the proposed measure
for the ballot. I certify that I will not knowingly or willfully allow the signatures for this
initiative to be used for any purpose other than qualification of the measure for the
baot1
Irvin Martinez
Dated this , ;9- day of February, 201.8
• The median gross rent for renifial pausing units in National City increased
16.6% in. one year, from $980 in 2015 to $1143 in 2016.
The share of renter households in National City tht experience "housing
cost burden", that is, pay at Ieast 30% of their household income in gross
y9,
• The share ofi households that suffer from "8evere housing cost burden", or
pay at lea.st Half of their household income in grass rent, is high and
increasing. This situation now affects 31.3%0 of renter households, having
increased from 23.5% of such households in 2007.
• The shareof househods that moved into their horne before 2010 decreased
from 52.8% in 2015 to 37.2% in 2016, indicating that long term National City
resident8 are moving out of the homes they have Iived in for years or even
decades.
(d) Members of community organizations have met with Members of the Nations[ City
Council to discuss the problem of tenants experiencing urge rent increases and to urge
the City Council to take action to impose reasonable limits on rent i:reass,
(e) Community organizations organized a public Housing Forum at Si. Anthony's
Church in National City to discuss the issues of large rent increases and evictions with
tenants, community members and elected officials on December 14th, 2017.
(f) the people of the National City find and declare that excessive renfial increases
could result in the dispiacem6n# of Iowhcome to moderate-incorne families.
(g) Without adeqpate, reasonable, rationally -related controls on rent increases and
other rent stabilization measures, along with just cause for eviction protectioiis, certain
aspects of pubic peace, heafth, or safety in the National City are at risk, it is in the
interest of the City, of owners and residents of renal units, and of the community as a
whole that the City enact regulations to protect and promote housing affordability within
the City ineluding, but not limited to, rent stabilization and dust cause for eviction
regulations.
(h) In fight of the numerous concerns notpd herein, including, but not limited to, the
current and immediate threat to the health, safety, and welfare of the City's residents and
the adverse impacts that would result from a substantial decrease of pausing affordability
within the City, the People of National City determine that it is in the interest of
immediately preserving the public health, safety and general welfare to adopt this
Ordinance in order to allow staff to put into place, among other things, regulations to
protect affordable housing within the City, just cause for eviction policies, and rent
stabilization.
(i) Rend stabilization has been adopted in a dozen jurisdictions in California and has
long been upheld as constitutional by the California Supreme CourL Many cities with rent
control are exploring ways to strehgthen and expand tenant protections,
(j) This Ordinance -shall supersede any ordinance passed by the National City Council
covering the area of rents or evictions.
Page 2 of 22
Sec. 3. D finiti rn -
The following words or phrases as used in this Amendment shall have the
following meanings:
(a) Annual Allowable t: "Annual Altowable Recital Adjustment"
refers to the limit on the Maximum AflowableRent increase, which a landlord may
charge on any Controlled Rental Unit each year without order from a hearing officer.
(b) Bas.eRental Rate: The term "Base Rental Rate", shall refer to the legal rental
rate, from which the Allowable Rental Adjustmentis made, Each covered unit will have
new Base Rental Rate each year, which the rental rate legally applicable to the unit at the
time that the new Allowable Rental Rate is published by the Rent Board, The Base Rental
Rate for the first year this Ordinance is enacted by the voters shall be the rental rate
legally applicable to each covered unit at the Publishing of this Ordinance.
(c) Pubiishing_of This Ordite: The term "Publishing of this Ordinance"
shall refer to the publishing of the title and summery of this ordinance as required by the
Election Code at 9205.
Rent Board: The term "RentBoard" refers to the National City Rental Board
established by this Ordinance.
(e) a l : A person with a "disability" defined in Govt. Code Section 12955.3.
(f) Pontrolled dental Units: All Residential Rental Units in Nationa City, except
those Rental Units exempt under one or more of the following provisions:
•
(1) Rental Units in hotels, motels, inns, tourist homes and rooming and
boarding houses which are rented primarily to transient guests for a period of
fewer than fourteen (14) days.
(2) Rental Units in any hospital, convent, monastery, extended medical care
facility, asylum, non-profit home for the aged, or dormitory owned and operated
by an accredited institution of higher education.
{3} Rental Units which applicable federal or state Iaw or administrative
regulation specifically exempt from municipal rent control,
(4) Any units exempted by the Homeowner Protections in Section 4.
(5) Rental Units where the owner is a non-profit and the rental rates are set at
or below the rates set by a tax credit program, or the rental rates are set at or
below rates in an "assisted housing development," as defined at Goverment
Code section 65863.10; provided that upon the termination of the rent regulation
by a tax credit program or assisted housing development program after the date
of the publication of this ordinance, the provisions of this Ordinance shall apply
and the Base Rental Rate shall be the amount set prior to such termination.
Page 3 of 22
(a) erviGes:Housing Services include, bud are p0lim' fed to; repairs,
maintenance, painting,,. providing light, .hot and cold vuater, �fevator s'e��ce, window shades
and screens, storage, kitchen, bath and i0ur dry facitities and privileges,, janitor services,
utilit9es that ark Paid°by Ian:dlord, refuse: remoual, furnishngs, telephone; parking., the high# to
have ,a specified number of occupants, and any other beriefit, co110ected
with the use or occupancy of any Rental Unit. Housirig Services to a 'R�nta! U.nit shalt include
a proportionate park of services provided to common facilities of the budding in which the
yenta! Unit is cohtained.
(b) Landiord: An owner, lessor, sublessor or any other person e ntitled to receive rent
for the use and occupancy of any Rental Unit, or an agent, representative or siiccessor of
any of the foregoing.
(c) Mazimu_rn_AIlowable _Ro�#: The maximum allowable rent which may be charged
on any Controlled Rental Unit covered by this Ordinance.
(d) Prirna.ryResidenc: Occupancy of a Primary Residence does riot require that
the ridiv.idua1 be physically .present in the unit at all tines or CQfltiflUQLJS1y, but the unit mini
be the ndividuI's usual place of return. Factors that are indicative of Frimary Residence
include,
(1) the individual carries on basic Mng activities at the subject premises for
extended periods;
(2) the subject premises are listed with other public agencies, including federal,
state and ocaI taxing authorities as their primary residence;
(3)
Utilities are billed to and paid by the individual at the subject premises;
(4) Homeowner's tax exemption for the individual has not been filed for a
different property;
(5) The individual is not registered to vote at any other location;
(6) Ownership must be held in the name of the individual claiming Primary
Residence and not held by a Limited Liability Corporation or other corporate
structure, Ownership can be in the form of a trust, fee simple or other form of
ownership, so long as the there is not a legal entity distinct from the natural person
owner, and the natural person owner has a substantial ownership interest in the
property;
(7) Other relevant factors illustrating Primary Residence.
(e) Property: Alt Rental Units on a parcel or lot or contiguous parcels or
contiguous lots under common ownership.
(f) Rent: All periodic payments and all nonmone#ary consideration including, but
not limited to, the fair market value of goods, labor performed or services rendered to or for
the benefit of the Landlord under a Rental Housing Agreement concerning the use or
Page
occupancy of a Rental Unit and premises and attendant Hauling Services, including all
payment and consideration demanded or paid for parking, Utility Charges, pets, furniture,
and/or subletting. Landlord under a Rental Mousing Agreement, as deflned in this Section,
concerning the use or occupancy of a Rental Unit and premises, including all payment and
consideration demanded or paid for parking, utilities, pets, furniture, subletting and security
deposits for darn.ages. and cleaning.
(g) Rental Ho "n r4ren : An agreement, oral, written or implied, between a
Landlord and Tenant for use or occupancy of a Rental Unt and for Housing Services.
(h)
RentaI.ousingFet The fee described in Section 6(m)(1).
(i) Rerital Unit: Any building, structure, or park thereof, or land appurtenant thereto,
or any other rental property rented or offered for rent for residential purposes, together with
all Housing Services connected with use or occupancy of such property, such as common
areas and recreational facilities held out for use by the Tenant.
a} Re_c�anf� Any group of Tenants residing in Rental
Units in the same building or in different buildings operated by the same management
company, agent or Landlord, who choose to be so designated.
(k) Ftoundin • .Numbers will be rounded using the "half away from zero" method.
(1� JnieFamUyIi�n. e: A detached buliding containing a single residential
dwelling unit separately alienable from any other dwelling unit.
(rn) 1"emparam Tenancy: The tenancy in a SingIeFamiIy Home, which is the
primary residence of the Homeowner and does not last any longer than 12 consecutive
months. A written contract must be provided to tenant at the inception of the tenancy, which
includes a notice that the tenancy shall terminate in no more than 12 months when the
owner shall return to the dingle Family Home to reoccupy.
(n) Teriant: A Tenant, subtenant, lessee, sublessee or any other person entitled
under the terms of a dental Housing Agreement to the use or occupancy of any Rental
Unit.
(o) Any charges for gas, electricity, water, cable or infiernet,
Sec. 4. Homeowner Protections.
(a) Homeownership is of great importance to the residents of National City. Nothing in
this Ordinance shall prevent the following if the single-family home is the primary
residence of the homeowner,
(1) �-�`tgts,, and Duplexes. A unit will be exempt from this Ordinance if
it is one of two units hand only two units) on the same parcel, and one of the units
is occupied by a natural person owner as a Primary Residence.
Page5of 22
(2) 611 f a R6'.• U re Waited Th0..torlOriQy where the tenant shares
a bathroom or kitch&i with the homeowner shot be exempt from this Ordinance
if the ttigia4aMily ..4000,1g the Primary ROsidopoe ofthe homeowner.
r -
(3) • •Thrnporary Tenancy. A homeowner who s the Primary Resident of a
sirigle-family home may create..ktorripooty teria0oyi The temporary tenant must
be provided, in Writitig at the ih-QOptioti of the tenancy, the length of the tenancy
and a statement that the tenancy may be terroi'n4t6d at the end of the temporary
tenancy (pursuant to Section 5 (a)(8):below) and payment of relocation fees shall
not be required. This subsection only applies to tenancies that last no more than
twelve consecutive months.
Sec. 5. Just Cause for Eviction Protections.
(a) No Landlord shall take action to terminate any tenancy, including but not limited to
making a demand for possession of a Rental Unit, threatening to terminate a tenancy
verbally or in writing, serving any notice to quit or other eviction notice, or bringing any
action to recover possession or be granted recovery of possession of a Rental Unit
uness:
(i) Follurp to Pay :Rent, The Tenant has failed to pay the _Rent to which the
Landlord is legally entitled under the Rental. Housing Agreement, this
Ordinance, and state and any other local law.
(2) Eteach ofjlease. The 'tenant has continued, after written notice to cease,
to substantially violate any of the material tertns of the rental agreement., except
the obligation to surrender ppssession on proper notice as required. by law, and
provided that such terms are reasonable and legal and havebeen accepted in
writing by the tenant or made part of the rental agreement; and provided further
that, eivilere such terms have been acQeptoci by the tenant or made _part of the
rotal agreement subsequent to the -creation of the tenancy, the landlprd
shall have.first notified:the tenant in writing that he or she heed not accept such
terms or agree to their being made part of the rental agreement,
(A) Notwithstanding any contrary provision in this Section, a Landlord
shall not take any action to terminate .a tenancy based on a Tenant's
sublease of the unit if the following requirements are met:
i. The Tenant continues to reside in the Rental Unit as his, her or
their primary residence.
ii. The sublease replaces one or more departed Tenants under
the Rental Housing Agreement on a one -for -one basis.
iii. The Landlord has unreasonably withheld the right to sublease
following written request by the Tenant. If the Landlord fails to
respond to the Tenant in writing within fourteen (14) days of
receipt of the Tenant's written request, the Tenant's request
shall be deemed approved by the Landlord, A Landlord's
Page 6 of 22
reasonable refusal of the Tenant's written request may not be
based on the ,proposed. additional occupant's lack of
creditworthiness, if that person will not be legally obligated to
pay some or all of the Rent to the Landlord. A Landlord's
reasonable refusal of the . Tenant's written. request may be
based on, but is not Hmited to, the ground that the total number
of occupants in a Rental Unit exceed the maximum number of
occupants as determined under Section 503(b) of the Uniform
Housing Code os incorporated by California Heath & Safety
Code Section 17922.
Protections for Families. Notwithstanding any contrary provision in this
Section, a Landlord shall not endeavor to recover possession of a Rental .Unit
as a result of the addition to the Rental Unit of a Tenant's child, parent,
grandchild, grandparent, brother or sister, or the spouse or domestic partner
has defined in California Family Code Section 297) of such relatives, or as a
result of the addition of the spouse or domestic partner of a Tenant, so long as
the number of occupants does not exceed the maximum number of occupants
as determined under Section 503(b) of the Uniform Housing Code as
incorporated by California Health & Safety Code 17922. The Rent Board shall
promulgate regulations that will further protect families and promote stability
for school aged children.
(3) &LdRfl.Cer criminalAciiv' .Thy Tenant has continued, after the Laridlord
has served the Tenant with a written notice to cease, to commit or expressly permit
a nuisance in, or cause substantial damage to the Rentai unit the Rental Unit.
(4) Fay The Tenant has continued to refuse, after the
Landlord has served the Tenant with a written notice, to grant the Landlord
reasonable access to the Rental Unit for the purposes of showing the unit to
prospective purchaser or mortgagee or making necessary repairs or improvements
required by the laws of the United States, the State of California or any subdivision
thereof. This shall include inspections by code or health inspectors and any other
inspections needed so that the landlord may comply with any government orders.
The Board shall promulgate regulations for the repair and improvement of Rental
Units to ensure the least amount of disruption for the Tenant. Unless due to a
documented emergency affecting a Tenant's health and/or safety, all repair or
improvement work will be scheduled in compliance with applicable Board
regulations. To terminate a tenancy under this Subsection (a)(4), a Landlord must
show that written notice was provided to the Tenant and all necessary repair or
improvement work was scheduled in compliance with this Section and all
applicable Board regulations. Landlords may not use lock boxes on occupied units.
(5)ImpQEarity.VaCR-t-JrLrdeT to Undertak?_$ubstafltial
The Landlord after having obtained all necessary permits from the City, and having
provided written notice to the Tenant pursuant to state taw, seeks in good faith to
undertake substantial repairs which are necessary to bring the Rental Unit into
compliance with applicable codes and laws affecting the health and safety of
tenants of the budding, provided that:
Page 7of 22
(A) The repairs necessitate that the Tenant vacate the Rental Unit because
the work will render the i-ental unit uninhabitable Apr a perod of not Cass
than thirty (30) days;
(13) The Landlord gives advance notice to the Tenant of the Tenant's right to
elect between:
(i) the right of first refusal to any comparable vacant Rental Unit owned
by the Landlord at the same Rent, if such comparable vacant unit exists;
or
(il) The flrst right of return to reoccupy the unit upon completion of the
repairs at the same serif charged to the Tenant before the Tenant
temporarily vacated the Rental Unit.
(ili.) I.n the event that the tenant •elects tp accept an offer to move to a
comparable va0t1 Rerital Unit at the same Rent, the Tenant is not
eligible for any relocatian assistarice p.ursu.ant to Section 5(b) herein.
(A) In the event the landiord files an: application for an individual rent
adjustment within six mont�.s following the cornpiefipn of the work, the
tenant shaft .be a party to such proceeding -thy serylp as if he or she were
still 'in possession, tho landlord shall submit, with such
application, written waiver by tho tenant of his or her right to re -occupy
the premises pursuar,t to this su.bsection,
(6) Qwn.errMoree�in. The Landlord seeks to recover possession in good 'Faith for
use and occupancy as a Primary Residence by the LndIord, or the Landlord's
spouse children,. parents or grandp.arerits.
(A) Landlord, as used in this Subsection (a)(6), shelf only include a
Landlord that is a natural person who has at lest a fifty (50) percent
recorded ownership interest in the Property.
(A) No eviction may take place for an `"owner rnove-in" if the same Landiord
or.enumerated relative already occOies a unit on the properly, or if a
vacancy already exists on the property. At all times a Landlord may
request a -reasonable•accommodation if the Landlord or enumerated
relative is Disabled and another unit in National City is necessary to
accommodate the person's disability. •
(B) The notice terminating tenancy shall contain the name, address and
relationship to the Landlord of the person intended to occupy the Rental
Unit.
(c) The Lancflord or enumerated relative must intend in good faith to move
into the Rental Unit within ninety (90) days after the Tenant vacates and
Page 8 of 22
to occupy the Rental Unit as a primary residence for at feast ThirtySix
(36) consecutive months. The Natiorial City Rent Board may adopt
regulations governing the determination of good faith,
(A) If the Landlord or relative specified on the notice terminating tenancy
faits to occupy the unit within ninety (90) days after the Tenant vacates,
the Landlord shall:
Offer the unit to the Tenant who vacated it; and
ii. Pay to said Tenant all reasonable expenses incurred in
moving to and from the unit.
(B) Evktion Protection for.Elderl.: or bisabted enani. A Landlord may
not evict a Tenant pursuant to this Subsection if the Tenant (1) has
resided in the Rental Unit for at least five (5) years and is either at least
62 years old or Disabled; or (2) is certified as being terminally 111 by the
Tenant's treating physician. For the purposes of this Subsection,
notwithstanding the above, a Landlord may evict a Tenant who qualifies
for the exemption if the Landlord or enumerated relative who will
occupy the unit also meets the criteria for this exemption and no other
units are available.
(7) YVtdr#wai_fr9rn Rentai lar�c t. The Landlord seeks in good faith to recover
possession to withdraw aii Rental Units of an entire property located in National
City or for Demolition. the Landlord has filed the requisite documents with the
Board initiating the procedure for withdrawing Units from rent or lease under
Government Code Section 7060 et. seq. and all regulations passed by the hoard,
with the intention of completing the withdrawal process and going out of the rental
business or demolition of the property. Tenants shall be entitied to a minimum of
12Oday notice or one (1) year in the case tenants are defined as senior or
Disabled under Govt. Code Section 12955.3. Notice times maybe increased by
regulations if state law allows for additional time. Tenants will also have a right of
return if the unit is placed back on the rental market.
(8) Terminaiicn v �'�m � a Tenncy.. A landiord or lessor seeks in good faith to
recover possession of the Single -Family Home for his/her occupancy as a primary
residence, where the landlord or lessor has previously occupied the rents{ unit as
his/her principal residence and his the right to recover possession of the unit for
his/her occupancy as a principal residence under an existing rental agreement with
the current tenants for no more than 12 consecutive months. Landlord must be in
compliance with all requirements fisted in Section 3 and any regulations that might
be promulgated. No relocation is required,
(b)ReIQcatiofl A landlord seeking to recover possession under Sections 5(a)(5)1( 6) or
(7) above shall make relocation payments. The following fees shall be the total amount
paid for each tenancy based on length of tenancy, age of tenants and whether or not a
tenant has a disability. Relocation in the amount of $7,000; if the tenant(s) is a senior
citizen, disabled, or has minor children the amount of $1O,000 will be paid to the displaced
Page 9 of 22
tengni(s), these amounts shall be the relocation arriounis fir he first ,'I2 months after this
measure is passed, Amounts shall be increased each year, by the Rerit Board by a
minimum of I Q.0% of the difference in the Consumer Price Index but may be increased by
the Board• as jt deems ft for the reio0atioo to •reflecf•the cost of a tenant"being forced to
relocate based on a no fault eviction.
Rgt of Returnand First RJght• of Refusa.[ ACE Tenants that are dtspiaeed
based on Sections 5(a)(5)( 6):Or,(7) she!l have the first tight of refusal to return to the
unit if it should ever be returned to the market by the Landlord or successor Landlord.
Rent shall be to Rent lawfully paid by the tenant at the time the Landlord gave notice of
basis Hued in Secti�ns.5(a)(5),(6) or (7.).
2) YVri.tten,.yypnr.AwNoVqeAny written nonce as descried in
Subseotions 5(a)(2)(4) shall be served by the Landlord within a reasOnable:perjod prior
to serving noti.ce to terminate tenancy :aid -shall inform the Tensht that a failure to cure
may result ill the initiatiori of eviction proceedings, Of the sight to request a reasonable
accommodation and the contact number for the Rent hoard, The notice shall also
include sufficient details allowing a reasonable person to comply. The notice shall also
include any nformation'necessary to determine the date, time, place, witnesses present
and other circumstances concerning the reason for the notice.
3) NotiReqtilrements: In any noticp purporting to terminate tenancy the
Laridiord shall state the cause for the termination; and in any action brought to recover
pmession of a Rental Unit, the Landlord shall aliege and prove compliance with this
Section. All notices described in Subsection 5(a)(2) shall -be attached to any notices
that purport to terminate a tenancy for which they correspond. the Laridiord shall file
with the Rent $iwird a copy of any notice terminating tenancy within three (3) days
after serving .the notice on the.. Tenant.
4) RetaIIatLojJs .__aried: Notwithstanding the above provisions, possession
shall not be granted if it is determined that the eviction is motived..in_subsfian#ial pari
by retaliation for the Tenant reporting violations of this Ordinance, for exercising
rights granted under this Ordinance, including the right to withhold Rent upon
authorization of the Rent Board under this Ordinjance or for forming a Recognized
Tenant Organiztion with other Tenants, making complaints regarding housing
conditions to the Landlord, City Offlcials or any other party, or exercising any other
right protected under Federal, state, or IocaI law,
5) Failure_to comply; Failure to comply with any requirement of this Ordinance
may be asserted as an affirmative defense (by the Tenant(s) or sub-tenant(s)) in an
action brought by the Landiord to recover possession of the Unit. Additionally, any
attempt to recover possession of a Unit in violation of this Ordinance shall render
the Landlord liable to the Tenant for actual damages, including damages for
emotional distress, in a evil action for wrongful eviction. The Tenant or the Rent
Board may seek injunctive relief and money damages for wrongful eviction. A
Tenant prevaillng in an action for wrongful eviction shall recover costs and
reasonable attorneys fees. All remedies allowable under this subsection are in
addition to any other remedies due a tenant for violation of his or her rights found
elsewhere in the law.
Page 10 of 22
Sec. 6. Rental Control Board,
� (.sion: Pursuant to the authority granted by Sections 36505 and. 38506 of
the California Government Code, there is hereby created and there shall be in National
Cty a National City Rent Board. Local enforcement is the most effective way to create
stability for Tenants, homeowners, and Landlords. Protection shOl be Qverseen by a Rent
Board, The Board shall consist of five member's.1he Board shah elect annually as
chairperson one of its members to serve in that capacity.
The City Council must appoint the first Rent Board as quickly as possible, but do so
within 120 days of the effective date of this ordinance,
(b)ppQntmentand VacanCy: The members of the Rent Board shall be
appointed for staggered four year terms by the City Council. If a vacancy shall occur
other than by expiration of a term, such vacancy shall be filled by appointment for the
unexpired portion of said term in the same manner as origirtal appointments are made.
Eachmember of the commission shall serve until their -successor is appointed and sworn
into office.
(c)Term. Limits: an individual is limited to two consecutive terms, unless no candidate
having the eligibility requirements described in subsection (d) is available, in which case
an individual may serve three consecutive terms.
(d)Eligikility: All Rent Board members shall be residents of National City. No less
that three shall be tenants who reside in a covered unit.
If any landlords or managers of residential rental property are appointed to this Rent
Board, they must make a showing that they are in compliance with this Ordinance and
all other focal, state and federal laws regulating the provision of housing. This showing
must be provided in writing with any necessary documentation and provided on the City
of National Cty website.
(e) Full Disclosure of Holdings: Candidates for the positon of Board Member shall
submit a verified statement listing all of their interests and dealings in real property,
including but not limited to its ownership, sale or management, during the precious three
(3) years. This documentation shall be made available to the public.
(f) PowersandDutLes: The Board shall have the foIIowng powers and duties;
(1) Establish a Base Rent under Section 7(a).
(2) Make adjustments in the Rent Increase and Decreases in accordance with
Section 7.
(3)
Set Rents at fair and equitable levels in order to achieve the intent of
this Ordinance.
(4) issue orders, rules and regulations, conduct hearings and charge fees
Page11of 22
(5)
as set forthbelow,
Mike such s�ud�es, surveys ar tl mve5tigations, bonciuct such hearings,
and obtain such information as is •necessary to carry .out its _:powers and
duties.
(6) Report annually to the :City Counil ofi .Natiorial City on the status of
rental housing covered by this Ordnance. This shale include a summery
of the numbers of notices served, the basis .upon which they were
served, the amount of the Rentincreases and :the addresses for which
they were served. A searchable Oataba$e will be created so that service
of notice may be determined as via as the summaries. A Gent increase,
termination, or change in terms of tenancy is not valid if not sprved on
the Board.
(7) Administer oaths and affirmations and subpoena witnesses.
(1) Establish rides and regulations for deducting penalties and settling civil
claims under Section 10.
(2)
(3)
Refer violations of this Ordinance to appropriate authorities for prosecution.
Seek injunctive and other civil relief under Sections 10-11.
(4) Charge and collect the Rental Housing fee, including penalties for late
payments.
(12) Make available on a contract basis legal assistance services for
Iowincome residents of National City related to evictions and Board
petitions, hearings and appeals.
(1) Collect .and/or receive copies of notices of termination of tenancy and
changes in terms of tenancy.
(2) Any other duties necessary to administer and enforce this Ordinance.
(a) ffuJe an Regulatiow The Rent Board shall issue and follow such rule and
regulations, including those which are contained in this Ordinance as will further
the purposes of the Ordinance. The Rent Board shall publicize its rules and
regulations prior to promulgation on its website and any other appropriate
medium. All pules and regulations, internal staff memoranda, and written
correspondence explaining the decisions, orders, and policies of the Board shall
be kept in the Board's office and made available online to the pudic for inspection,
download and copying or any other future appropriate technology.
(b) clkmirtiUritity.g0.011,m: The Board shall publicize this Ordinance so that all
residents of National City will Have the opportunity to become informed about their
legal rights and duties under this Ordinance. The Board shad prepare a bitchure
which fully describes the legal rights and duties of Landlords and Tenants under
Page 12 of 22
The National City Renter Protection and Community Stabilization Ordnance, The
brochure shall also include helpful information for horneowners, The brochure will
be available to the public, and each Tenant of a Rerital Unit shall receive a copy of
the brochure from his, her or them LaridIord Landlords shall provids the brochure
at the commencement of the tenancy and with each notice of rent increase. This
brochure will be made available for download from the City of National City
website aid/at other appropriate technology. Information about the Ordinance
shall be made available in all other languages that are requested by the
community,
(c) 'eetings; The Board shall hold such regularly scheduled meetings as are
necessary to ensure the timely performance of its duties under this Ordinance. All
regylar and special meetings shall be called and conducted in accordance with
state law. There shad be minimally any (1) meeting a year so that the Board may
comply with Section 7.
(d) Quorum: Three (3) Members shall constitute a quorum for the Board.
(e) VoOng: the affirmative vote of three (3) Members of the Board is required for a
decision, including all motions, regulations, an,d orders of the Board.
(f) Finar%cing: The Board shall finance its reasonable and necessary expenses by
charging Landlords annual Rental Housing Fees in amounts deemed reasonable
by the Rent Board,
(1) The Rent Board shall set this Rental Housing Fee on an annual basis. The rate of
the Rental Housing Fee shall be reasonably set to cover the costs of the activities of
the Rent Board,
(2)The Rent Board shall set regulations on how the fee will be published to
Landlords, collected, and what late fees and penalties will apply to non-payment.
(3) From the time that this Ordinance goes into effect until the flrst Board is appointed
and determines the first fee amount, the amount shall be $120 per Controlled Rental
Unit per year ($10 a month) for controlled units and $84 per Rental Unit Rer_year ($7
a month) for Rental Units that are only covered by Just Cause for Eviction
P rotections.
(4) This fee shall become due within thirty (30) days of inception of new tenancy if no
fee was paid the prior year. Ongoing tenancies shall have fees collected at the same
time as the City business Iicense each year,
(b) Inte hutonorny oBoard: The Rent Board shall be an integral part of
the government of the City, but shall exercise its powers and duties under this Ordinance
independent from the City Council, City Manager, and City Attorney, except by request of the
Rent Board, The City shall provide infrastructural support on an ongoing basis as it would
with any other department, During the transition period before the Board Members are
appointed, the City shall take whatever steps necessary to perform the duties of the Board
and implement the purpose of this Ordinance.
Page 13 of 22
(c) latoget.Tbe B.Qatd .0.414.1 0fp00 public beari.ng .on a
proposed budget .and adopt an annual budget for tbp.:00601g fit04l y.0.8i.r..-At.,:.10att thirty-five.
days. prior to Dir6Qtpr0.11011 .submit to the Board
the proposed budget as prepared by the Executive :Proctor. After reviewirig 010$arne and
making such rovisiQns as it may deem advisable, the :1310td-ghall:-dOlOrtitlirie the time for the
holding of a pubflc -tearing tetpcin, and shall cause to be published a notice thereof not less
than ten days prior 010.t)0.1.rtg!..:by at OrtrinOot00 in. t1.10'.off10.1.-:01 newspaper. Copies
of the proposed budget $hatj.b6.?0.1.1gble for inOppipti.0 by the public ir the offlOp:..of the
Board at Ieast tendOys.priot to said hOgiing.-1110.C[ty Council and the City Manger shall
have -no authority tio.0vOrse0,-*Vrvis0,. or approve.0isH.1)p00.,0t.. Upon final adoption, the
budget shall be .in effect for the ensuing fiscal year and the amounts stated thei.eiri shall be
and become appropriated by the Board for the respective objects and purposes therein
specified. At any meeting after the adoption of the budget the Rent Board mayamend or
suppliptnehtlho .budget by the affirmative-votqs.,01ratleot Votes •mernOorsg.CO.piesfof-the
adopted budget and any amendments or supplements shall be filed with the City Clerk, and
City Manager. Necessary adjustments to city -adrtinistrative procedures shall be made.
(d) 1nel: The Board .shall review and asses .yearly that suffiQient number of
staff are employed, including an Executive Director, hearing examiners, housing counselors
and legal staff, as may be necessary to. perform its fungtion efficiently:in order to fulfill the
purpose of this .Ordinance, p(oOpt: fQr tho..ele.ctecj or appbintecf:abard:114 emb.rs.-atict the
Executive Director, all Onplbyeesof the Board are within the classified civil service of the
City. The Board shall -appoint on,'Exe-tuti.Ve Director to -administer and supervise the exercise
of its powers and duties who shall be directly responsible to the Board.
(e) •E19,..,[parg, li.,.01,Work: Legal staff hired by the Board shall represent and advise the
Board, its Mentors, and its staff in any civil matters, actims, or proce:edings. in which the
Board; its Members, or its staff, let ar by reason of their official capacity, ar.p.o)corned.or are
a pety. The Board may, in its sole .discretion, and without approval .of -the City Council, retain
private attorneys to furnish legal advice or representation, inparticular Matters actions or
proceeding§.
(f) Contractsand Purphases: The Board shall procure goods and services as do
other City agencies using existing support services within the City as would any other
department, Le. Finance, Information Technology, and Public Works among others, provided,
however, that the Board shall have sole and final authorityto employ attorneys, legislative
lobbyists, and other professionals, and to approve contracts for such professional services.
(g) onformin Re u ations: If any portion of this Ordinance is declared invalid or
unenforceable by decision of a court of competentjurisdiction or rendered invalid or _
unenforceable by state or federal legislation, the Board and not the City Council shall have
authority to enact replacement regulations consistent with the intent and purpose of the
invalidated provision and applicable law. Such replacement regulations shall supersede
invalidated ar unenforceable provisions of this, Ordinance to the extent necessary to resolve
any inconsistency. Thesubject matter of such replacement regulations shall be limited to
rent control matters as enumerated in this Ordinance.
(h) ReporUng and Payment Requirements:
Page 14 of 22
(0 Within sixty (60) days after the adoption of,this Ordinance, a!f Landlords
shall be required to file a copy of all rental increase notices, change of terms of
tenancy anil tenancy termination notices with the Board before serving the
tenant the notice. A proof of service with time and date of service of notice shall
be included With notice filed with the City.
(2) If the hoard, after the Landlord his proper notice and after a hearing,
determfres that a Landlord has willfully and knowingly failed to properly report, as
described above, any rental increase notices, change of terms of tenancy or
tenancy termination, or pay the Rental Housing fee, the Board may authorize the
Tenant of such anon -reporting or fee paid Unit to withhold all or a portiori of the
Rent for the Mental Unit until such time as the Rental Housing fee is paid or
notice filed. After a notice is properly filed or fee paid, the Board shall determine
what portion, if any, of the withheld Rent is owed to the Landlord for the period in
which the notice is not properly filed or fee paid, Whither or not the Board allows
such withholding, no Landiord who has failed to properly report or pay the fee
shall at any time increase Rents for a Controlled Rental Unit until such fee or
notice is reported. This shall go into effect thirty (30) days after determination of
the hoard,
(3) Further, failing to pay the fee or filing a copy of a notice before the filing
of an unlawful detainer is'a complete defense to an unlawful detainer. No
Board action is required for defense to be alleged or litigated in an unlawful
detainer.
Sec. 7. Stabilization of Rents; Right of Reasonable Return for Landlords,
(a) Establishment of asp Rent: Beginning the effective date of this Ordinance, no
landlord shall charge Rent for any Controlled Rentat Units in an amount greater than the
Base Rental Rate, at the time of the Publishing of the Ordinance. If there was no rental
rate applicable to a unit on the date of the Publishing of this Ordinance, the Base Rent
shall be the Rent that was charged on the fiat date that Rent was charged foliowing the
date of the Publishing of this Ordinance. For tenancies commencing after the adoption of
this Ordinance, the Base Rent is the initial rental rate in effect on the date the tenancy
commences. As used in this subsection, the term "initial rental rate" means only the
amount of Rent actually paid by the Tenant for the initial term of the tenancy. The Base
Rent is the reference point from which the Maximum Allowable Rent shall be adjusted
upward or downward in accordance with Section 'l(c),
(b) Posting: As aeon as the Landlord is aware of the Annual General Adjustment the
Landlord shall post it in a prominent place in or about the affected Controlled Rectal
Units. The Board may require that other information it deems relevant also be posted.
(c) Ad"us rnerd: No later than June 30 each year, the Board shall
announce the percentage by which Rent for eligible Rental Units will be generally
adjusted effective September 1 of that year, Landlords may only impose a rent increase
based on the Annual General Adjutment in the month of September -each year.
Page 15 of 22
{1) The Annual Generaf Adjustment shill be e�u�1 to'one-;hur�dre� (100%)
percerit of the percentage -increase in the Consumer Price Index (CPI-U ("AH
Urban Consumers") US City Average), or any successor designation of that
index that may' lafier be a6o0ed by the U,S. Bureau �f Labor Statstcs) as
reported end p0lish0d by .Department of Lapor, Bureau of Labor
•Statiscs.,:for #die 12Trnorth• period ending of Mareh of the current -year,
(2) Subparagraph 1 of this Subsection notwithstartdi0g, in no event shill the
Annual General Adjustment be more than five percent (5%).
(3) Subparagraph 1 of this Subsection notwithstanding, in no event shall the
Annual General Adjustment be less than zero percent (O%).
(4) For the petiod between the effective date of this Qrdinance and the first
Annual General Adjustment announced September 1, the landiord may
increase the Maximum Allowable Rent to include. one Annual General
Adjustment for September 2018. this is the only time when a laridiord may
impose an increase that the landiord failed to do in .the pasta
(d) �ts�i���: Upon receipt Of a petitiQn by a Landlord and/or a Tenant, the Maximum
Allowable -Rent of indiv duel Controfled Rental Units may adjusted upward or
downward in, 8c0ordance with the proceduresset farth elsewhere gee this•Sectian. The
petition shill be On the form provided by the hoard iriclude a declaration by the
Landlord that theReMal Unitmeets III requirements of this Ot°dinOnce. Notwithstanding
any other prevision of this Section, the Board or heating-examiner.may refuse to hold a
hearing and/or grant a Rent adjustment if an jndMdual hearing has been held and
decision made with re.gard to the Maximum Allowable Rend within the previous twelve
(12)months.
(e) Heringrocedure: The Board shall enact rules and regulations governng
hearings and aindividualRents PP�aI� of ���ustm�nfi.o� �Il�wa;bE�.;Which shall
include the following:
(1) ffdnxaminer A hearing examiner appointed by the Board shall
conduct a heailrig to act upon the pettion for individual adjustment of Lawful
Rent and shad have the power to administer oaths and affirmations.
(2) Notice. The Board shall notify the Landlord, if the petition was filed by the
Tenant, or the Tenant, if the petition was filed by the Landlord, of the receipt of
such a petition and provide a copy thereof.
(3) flm.Hjn. The hearing officer shall notify all parties as to the time,
date and place of the hearing,
(4) Records. The hearing examiner may require ether party to a Rent
adjustment hearing to provide it with any books, records and papers deemed
pertinent in addition to that information contained in registration statements. The
hearing examiner shall conduct a current building inspection and/or request the
city to conduct a current building inspection if the hearing examiner finds good
Page 16 of 22
cause to believe the Baa.rd's current informt!on does not reflect the current
condition of the Coritrolled Rental Unit. The Tenant may request the hearing
examiner to order such an irispectionprior to the date of the hearing. All
documents required under this Section shill be made available to the parties
involved prior to the hearing at the office of the- Board,; uses where
information file in a petition for Maximum Allowable Rent adjustment or in
additional submissions filed at the request of the hearing examiner is inadequate
or false, no action shall be taken on said petition until the deficiency is remedied.
(5) QpenIeari.ng. All Maximum Allowable Rent adjustment hearings shall
be open to the public.
(6) Right o� Ass%stance, All parties to a hearing may have assistance in
presenting evidence and developing their position from attorneys, legal workers,
Recognized Tenant Organization representatives or any other persons
designated by said parties.
(7) HearingJecord. The Board shall make available for inspection and
copying by any person an official record which shall constitute the exclusive
record for decision on the issues at the hearing. The record of the hearing, or
any past of one, shall be obtainable for the cost of copying. The record of the
hearing shall include. all exhibits, papery and documents required to be filed or
accepted into evidence during the proceedings; a fist of participants present; a
summary of all testimony accepted in the proceedings; a statement of all
materials officially noticed;; all recommended decisions; orders and/or rulings; ail
final decision, orders and/or rulings, and the reasons for each final decision,
order and/or ruling. All hearings shall be recorded, Any party may receive a copy
of the audio that was made. Reasonable costs may be charged. The Board shall
not be responsible to transcribe such audio.
(8) QliflIurn.of.PToof and N otice.Qf DqisIon. No individual adjustment
shall be granted unless supported by the preponderance of the evidence
submitted at the hearing. All parties to a hearing shall be sent a notice of the
decision and a copy of the findings of fact and law upon which said decision is
bayed. At the same time, parties to the proceeding shall also be notified of their
right to any appeal allowed by the Board and/or to judicial review of the decisiori
pursuant to this Section and Section 9 of this ordinance.
(i) Consolidation. All Landlord petitions pertaining to Tenants in the same
building will be consolidated for hearing, and all petitions filed by Tenants
occupying the same building shall be consolidated for hearing unless there is a
showing of good cause not to consolidate such petitions.
(2) &MA. Any person aggrieved by the decision of the hearing examiner
may appeal to the Rent Board, On appeal, the Rent Board shall affirm, reverse
or modify the decision of the hearing examiner.
(3) FinaUt of decis°ore. The decision of the hearing examiner shall be the
Final decision of the Board in the event of no appeal is the Rent Board. The
Page 17 of 22
decision of the hearing examiner shall not Abe stayed pending appeal; however,
in the event that the Rent Board on appeal .reverses or modifies the decision of
tlie. hearing exarnine.r, the Landlord, in the case of an upwraNad14rnent in
Rent, or the Tenant; in the case of a:dawi ward adjustment of Rent, shati be
ordered to make retroactive payments to restore to the position they
would have occupied had the hearing examiner's decision been the same as
that of the B oa rd.
(4) TinjeforDecision. The rules and regulations adopted by the Board
shall provide for final action on any individual Rent adjustment petition within a
reasonable tirrEe.
(A) Decisions decreasing Rents shah remain in effect until the Board finds
that the Landlord had corrected the defetwarranting the decrease.
The Board shall, by regulation, establish procedures for making
prompt compliance determinations. Upon a determination of
compliance the Landlord shall .be entitled to reinstatement of the prior
Rent Ieve, retroactive to the date that the Landlord corrected the
defect which warranted the decrease.
(B)
This shall be in compliance with California Civil Procedure Section
1942.4, If the Landiord is found to be in violation of California Civil
Procedure Section 1942.4, then no rent shall be charged for the
period daring which the Landlord was in violation.
(a) LdividuaI Ad!ustrnents_Rentlncrease: in making individual adjustments of the
Annual Adjustable Rent Increase, the Board shall consider the purposes of this Ordinance
and the requirements of law, in making an indiv.iduaIdownward adjustrnenfi, the Board may
consider decreases in IMng. s P� ace furniture, furrii�hong�, equ pnri_e_nfi, or servicps_; substantial
deterioration of tho ControlledRental Unit other than as a result of ordinary wear and tear; or
faiture on the part of the Landlord to provide adequate Housing Services or to comply
substantially with applicable housing, health and safety codes.
(b) The landlord may not charge for utilities unless the utility is separately or
indMduafly metered.
(c) Landlords. have the dgbi try _a F_Beturn.9n_theirfrives ent' In making
individual adjustments of the Maxrnum Allowable Rent.,the board or hearing examiner shall
consider the purposes of this Orc1nance and shall specifically consider all relevant factors,
including (but not limited to):.
(1) Increases or decreases in property taxes;
(1) Unavoidable increases or any decreases in maintenance and operating
expenses;
(2) The cost of planned or completed capital improvements to the rental unit
Page 18 of 22
(as distinguished from ordinary repair, replacement and maintenance) where
such capital improvements are necessary to bring the properly into compliance or
maintain compliance with applicable local code requirements affecting health and
safety,and where such capital improvement cost$ are properly amortized over
the life of the riiprovement;
(3) Increases or decreases in the number of tenants occupying the rental unit,
living space, furniture, furnishings, equipment, or other housing services
provided, or occupancy rules;
(4) Substantial deterioration of the controlled rental unit over than as a result
of normal wear and tear;
(5) Failure on the part of the Iandord to provide adequate housing services,
or to comply substantially with applicable state rental housing laws, local
housing, health and safety codes, or the yental agreement; and
(6) The pattern of recent rent increases or decreases.
(a) Na upward adjustment of an individual Maximum Allowable Rent shall be
authorized by the board under this Section if the landlord:
(i) Has continued to fail to comply, after order of the Board, with any provisions
of this Ordinance andlor orders or regulations issued thereunder by the Board, or
(2) Has 'failed to bring the rental unit into compliance with the implied
warranty of habitabiflty.
(b) Allowab!e rent increases pursuant to an individual upward adjustment of the rent
ceiling shall become effective only after the landlord gives the tenant at least a thirty
(30) day written notice of such rent increase and the notice period expires. If the board
makes a downward individual adjustment of the rent ceiling, such rent decrease shall
take effect no sooner than thirty (30) days after the effective date set by the board for
the downward adjustment.
(a) No provision of this Ordinance shall be applied so as to prohibit the Rent Board
from granting an individual rent adjustment that is demonstrated by the landlord to be
necessary to provide the landlord with a fair return on investment, Necessity shall be
defined in regulations promulgated by the Board. limits on the total increase per month
and length of monthly increase shall be promulgated by the Board through regulations.
Sec. 8. Noniuwalverability.
Any provision, whether oral or written in or pertaining to a Rental Housing
Agreement whereby any provision of this Ordinance for the benefit of the Tenarit is
waived, shall be deemed to be against public policy and shalt be void.
Sec. 9. Judicial Review.
Page 19 of 22
A Landlord Or Tenant .:aggrieved by•.any.a ct:j�n �or diskm..cf:f Rent Board may
seek judicial review :by appealing to ,pie appropriate court within the .jurisdiction. No
action ar decision by the Board shall go into effect thntll,th.irty (30) aays _have_ expired to
allow for su�h appeal:
Sec. 10, remedies.
(a) Any Lantho.rd who demands, accepts, receives, or retains any payment of Rent in
excess of the maximuPrt lawful Rend, rn violation of the provisions of this Ordinance or any
rule, regulation oir order hpreurtder promulgated, including the provisions ensuring
compliance with habitability standards' and rnistration fee requirements, shall be IiabIe in
a civil .action.to the 'Tenant from 'whom such payments are.demancied, accepted, received
or retained, for;
(1) Damages in the amount by Which the payment or paymerits demanded,
accepted, received or retained which exceeds the maximum Iawfu1 Rent;
(2) Liquidated damag6 due to the tenant(s) in question of an amount equal to
the payment or payments demanded, accepted, received or retained
exceeds the maximum Eawful R.ent shall be awarded against the Landlord
upon a showing of overcharge;
(3) Reasonable atgorney°s fees and costs as determined by the court; and
(4) If it is found, by a preponderance of the evidence, fh the Laridiord has
acted wilifully or with oppression, fraud or malice, the court may award
general and special damages, including consequential, and emotional
dis.tress.
No administrative remedy need be exhausted prior to filing suit pursuant to this
Subsection.
(b) In lieu of filing a civil action, a Tenarit may file an administrative complaint. The
Rent Board shall establish by rule and regulation a hearing procedure similar to that set
forth in Section 7(e).
(1) the rules and regulations adopted by the.Board shall provide for final Rent
Board action on any complaint for excess Rent within one -hundred twenty (120)
days following the date of filing of the complaint.
(2) In any administrative hearing under this Section, a Landlord who
demands, accepts, receives or retains any payment of Rent in excess of the
maximum lawful Rent shall be liable for damages in theamount by which the
payment or payments demanded, accepted, received or retained exceeds the
maximum awfuI Rent. Addftionally, the tenant will be entitled to costs, expenses
incurred in pursuing the hearing remedy, damages and penalties, The Tenant
may deduct the penalty and award of damages from future Rent payments in the
manner provided by the Rent Board, An order authorizing Rent withholding under
Page 20 of 22
r
this Ordinance shall survive the sale or other transfer of the Proper.. end shall be
binding upon successors of theLandlord against whom the order was made, If a
Tenant authorized to withhold Rent under this Ordinance vacates the Property,
the Landiord shall pay to such `Tenant a suit equal to the balance of the Rentthat
the Tenant could have withheld.
(c) If the Tenant from whom such excess') payment is demanded, acef,
received or retained in violation of the foregoing provisions of this Ordinance or any rule
or regulation or order hereunder promiilgated fails to bring a civil or administrative action
as provided for in Secflons1O(b) (c) within one hundred twenty (120) days from the date
of occurrence of the violation, the Rent Board may settle the claim arising out of the
violation or bring such action. Thereafter, the Tenant on whose behalf the Board acted is
barred from also bringing an action against the Landlord in regard to the same violation
for which the Board has made a settlement or brought action, in the event the Board
settles said claim, it shalt be entitled to retain the costs it incurred in settlement thereof,
and the Tenant against whom the violation has been committed shall be entitled to the
remainder.
(a) The appropriate court in the jurisdiction in which the Rents! Unit affected is
located shalt have jurisdiction over all actions brought under this Section.
(b) Any Landlord violating this Ordinance shall be guilty of a misdemeanor and shall
be punished in accordance with Section 151 of the Alameda Municipal Code,
Sec. 11. injunctive and Other Civil Relief.
the Rent Board, and Tenants and Landlords of Rental Units, may seek relief from
the appropriate court within the jurisdiction within which the affected Rental Unit is Iocated
to enforce any provision of this Ordinance or its implementing regulations or to restrain or
enjoin any violation of this ordinance and of the rules, regulations, orders and decisions
of the Board.
Sec. 12. Partial invalidity,
If any provision of this Ordinance or application thereof to any person or
circumstances is held invalid, this invalidity shall not affect other provisions or applications
of this Ordinance which can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are declared to be severable. This
ordinance shall be liberaHy construed to achieve the purposes of this Ordinance and to
preserve its validifiy.
Sec. 13. Supersedes,
This Ordinance shall supersede any ordinance passed by the National City Council
covering the area of rents or evictions.
Sec. 14. Majority Approval, Effective Date, Execution,
This Ordinance shall be effective only if approved by a majority of the voters voting
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thereon and shall go into effect ten (10) days after the vote is declared by the City
Council. The Mayor and City Clerk are hereby authorized to execute this Ordriance to
give evidence of its adoption by the voters.
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