HomeMy WebLinkAboutCC RESO 2018-146 (2)0
RESOLUTION NO. 2018 — 146
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED
VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NO EMBER 6, 2018, RELATING TO APPROVAL
L
OF AN ORDINANCE ESTABLISHING A PROGRAM OF RESIDENTIAL
RENT CONTROL, INCLUDING CREATION OF AN INDEPENDENT
RENT BOARD, JUST CAUSE FOR EVICTION PROTECTIONS,
AND RENT STABILIZATION PROVISIONS
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 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws of the State of California
relating to general law cities, the following question shall be submitted to the qualified voters of
the City at the General Municipal Election to be held on November 6, 2018:
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
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 vote requirement for the measure to pass is a majority (50% + 1
of the votes cast.
Section 4. That the ballots to be used at the election shall be in the form and content
as required by law.
Resolution No. 2018 — 1r�
Julys 24, 2018
Page Two
Section 5. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct and election.
Section 6. That the polls for the election shall be open at seven o'clock a.m. of the day
of the elections and shall remain open continuously from that time until eight o'clock p.m. of the
same day when the polls shall be closed, except as provided in Section 14401 of the Election
Code of the State of California.
Section 7. 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 8. That notice of the time and place of holding said election is given and the
City Clerk is authorized, instructed, and directed to give such further or additional notice of the
election in time, form, and manner as required by law.
Section 9 That the City Clerk shall certify 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, 2018
Morris. n, Mayor
ATTEST:
(1lichael Calla, City Clerk
APPROVED AS TO FORM:
. M • ri •= es
Attorney
Passed and adopted by the Council of the City of National City, California, on
July 24, 2018 by the following vote, towit:
Ayes: Councilmernbers Cara, Morrison, Rios S I -Solis.
Nays: None.
Absent: None.
Abstains
AUTHENTICATED BY: RON MORRI . N
Mayor of the City of National City, California
y:
City Clerk of the City of National City, California
eputy
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2018-146 of the City of National City, California, passed and
adopted by the Council of said City on July 24, 2018.
By:
City Clerk of the City of National City, CCalifornia
Deputy
THE PEOPLE OF NATIONAL crry ORDAIN AS FoLLoWs:
THE NATIONAL CITY RENT CONTROL AND
COMMUNITY STABILISATION ORDNANCE
Sec. 1 Title and Purpose.
Sec. 2 Findings.
Sec. 3 Defirt.ions.
Sec. 4 Homeowner Protections.
Sec. 5 Just Cause for Eviction Protections,
Sec. 6 Rental Housing Board.
Sec. 7 StabHizatbn of Rents; Right of Reasonable Return for Landlords.
Sec, .8 NanwaiverabiIity.
Sec. 9 Judicial review.
Sec. 10 Remedies:
Sec. 11 Injunctive and Other Civil Relief.
Sec. 12 Partial Invalidity.
Sec, 13 Supersedes.
Sec, 14 Majority Approval, Effective Date, Execution.
Sec. I o TtIe and Purpose.
This Ordinance shall be known as the National City RENT CONTROL and
Community StabUity ordinance. The purpose of this Ordinance is to prornote
neighborhood and community stability, healthy housing, and affordability for renters in
National 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 follows:
(a) In its most recent report on the San Diego Couty Housing Market Area, the
Department of Housing and Urban Development (HUD) described the County's rental
housing market as "currently tight" at a vacancy rate of 36%, having dropped from a
vacancy rate of 5,6% in 2010.
(b) In a story published October 5, 2017, the San Diego Union tribune stated that
"average rent in San Diego County hit a record high of $10875 last month, continuing
more than six years of rising rents in a tight housing market."
(c) According to the US Census Bureau American Community purvey;
e Renters make up 68.1 % of all occupied housing units in National City,
ci National City presently has the lowest median gross rent of any incorporated
city within San Diego County
EXHIBIT A
Page of 22
Certification:
i, rvin 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
ballot1
Irvin Martinez
Dated this
day of February, 2018
The median gross rent for rental housing units in National City increased
16._6%o in Qne year, from $980 .in 2015 to $1143 in 201 6,
6 The share of retifer households iri Natioria City that experience "housing
cost burden", that is, pay at leapt 30% of their household income h gross
Cobfi.,.; iS 62:6%. •
.The :share of households tha#suffer from "severe housing cost burden", or
pay at least half of their household iricome in gross rent, is nigh and
increasing. This situation now affects n3V0 of renter households, having
increased from 23.5°/8 of such households in 2007.>
Theshare of households that mvved into their home before 2010 debreased
from 528% in 2015 to 37.2% i.n 2016, indicating that bong term National City
residents are moving out of the hories fiYiey. have Iive�i ire for years or even
decd es.
(d) Members of community organizations have met with Members of the National Cty
Council to discussihe problem of tenants experiencing Jarge rent increases and to urge
the City CounCil to take abtion to impose reasonabre limits on rent inCreasese
(e) Community organizations organized a public Housing Forum at St. Anthony's
Church in Nationa City to discuss the issues of large reot increase arld OviciBans with
tenants, community members and elected officials on December 1 4t•h, 2017.
w the peope of the National pity find and declare that excessive rental increases
could r6sult in the displaceMent of 1owncorne to Moderate -income f�miiie�e
(g) Without adequate, reasonable, rationally -related control s on rent increases and
other rent stabilization measures, along with just cause for protections, 'certain
aspects of public peace, health, or safety in the NatonaI City are at risk. It is in the
interest of the Doty, of owners and resltle.ntsof rental ur1its, and of the community as a
whole that the City enact regu9ation8, to protect and promote housing affordability within
the City including, but not limited to, rentsfiabilization and just cause for eviction
regulations.
(h) In Ught of the numerous concerns noted herein, including, but not imited to, the
current and immediate threat to the health, safety, and welfare of the City's rOsidents and
the adverse impacts that would result from a substantial decrease of housing affordability
within the City, the People of NE.tjonaI City determine that it is its 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) Rent stabilization has been adopted in a dozen jurisdi.ctioris in California and has
long been upheld qs constitut[onai by the Qaflforriia Supreme Court. Many cities with rent
control are exploring ways to strengthen 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 22ri
Sec. 3. Definitions.
The following words or phrases as used in this Amendment shall have the
fallowing meanings
(a) Annual Allowable Rental Adjustment "Annual Allowable Rental Adjustment"
refers to the lirnit on the Maxirn.um Allowable Rent increase, which. a Landlord may
charge on any Controlled Rena! Unit each year without order from a: hearing officer.
(b) Base Renta Rate: The term "Base Rental Rate", shall refer to the legal rental
rate, from which the Allowable Rental Adjustment is 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 Re.rit Board. The Base Rental
Rate for the first year this Ordinance is enacted by the voters shall be the rental rate
legaily applicable to each covered unit at the Publishing of this Ordinance.
(c) auusbirig_cilf this fJrdeliance. The term "Publishing of this Ordinance"
shall refer to the publishing of the title and summary of this ordinance as required by the
Election Code at 9205.
(d) Rent Board: The term "Rent Board" refers to the National City Rental Board
established by this Ordinance.
(e) Disa Ind; A person with a "disability" as defined in Govt. Code Section 129553
.
{fl QontrollectRental Units: All Residential Rental Units in National City, except
those Rental Units exempt under one or more of the fallowing provisions:
(1) Rental Units in hotels, motels, inns, tourist homes and rooming and
bearding houses which are rented primarily to transient guests for a period of
fewer than fourteen (14) days.
(2) Ftenta! 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 law 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 aeon -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 Mousing development," as defined at Government
Code section 65863.10; provided that upon the termination of the rent regulation
by a fax 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
(a) HoushigServices: Housong e$ inclutle, bit are r��fi l���ted to, repairs,
mairitenaing, providing Hght, hot ar�d cold water, eleuator_ser��c�, w ntlow shads
and screens, sfiorage., kitchen, loath a0tl Iaundry faclht!es
ufilifies that ar�'paid`�by iand�ard, refine removal, furn�shir�gs 10lephon.e0 perking, the tight to
have a specified number ofoccupants, and any other benefit, connected
with the use or occupancy of any Rental Unit. Housing Servicesto a Rental Unit shah include
a proportionate park of services provided to common facilltie.s of the bt4iid ng in which the
Rental Unit is contained.
(b) Janthord: An owner, lessor, sublessor or any other person entitled to receive rent
for the use and occupancy of any Rental Unit, or an agent, representative or successor of
any of the foregoirig1
(c) Maximum. Allowable Rept: The maximum allowable rent which may be charged
on any Controlled Rental Unit covered by this Ordinance.
(d) Prm.aryResidence: occupancy of a Prinwy Residence does not require that
the individual be physcaIIy present in the unit at 8,I1 tires or-contonuou�iy, but the unit.must
be the irdMduaI's usual place of return. Factors that are indicgtive of Primary Residence
include:
(e)
(1) the indivdua1 carries on basic Mng activities at the subject premises for
extended periods;
(2) the subject premises are listed with other pudic agencies, including federal,
state and oca1 taxing authorities as their primary residence;
(3)
Utfflfles are billed to and paid by the individual at the subject premises;
(4) Horneowrier'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
struc#urn. Ownership can be in the form of a trust, fee simple or other form of
ownership, so bong 81s the there is not a legal entity thstinct 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.
Properly: All Rental Units on a parcel or lot or contiguous parcels or
contiguous ots under common ownership.
(i) Rent: All periodic payments and all nonmonetary 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 4 of 22
occupancy of a Rental Unit and premises and attendant Housing Services, including all
payment and Consideration demanded or paid for parking, Utility Charges, pits, furniture,
and/or subletting. Laridiord under a Rental Housing Agreement, as Wined 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 damages. and Meaning.
(g) Rpntal otuAing Agreement An agreement, oral, written or imptied, between a
Landlord and Tenant for use or occupancy of a Rental Unit and for Housing Services,
(h)
Rental }j i : the fee described in Section 6(m)(1).
0) Rental Unit: Any building, structure, or part 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 Gammon
areas and recreational facilities held out for use by the Tenant.
0) Epec? I �' „ r 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 designated.
(k) Roundin • : Numbers will be rounded using the "half away from zero" method.
gle-�'arr1il��F ,owe; A detached building containing a single residential
dwelling unit separately alienable from any other dwelling unit.
(m) `Femora:: Tenancy: The tenancy in aSingle-Family 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 shaft terminate in no more than 12 months when the
owner shall return to the Sirigle Family Homy to reoccupy.
(n) 'Tenanfi: A Tenant, subtenant, lessee, sublessee or any other person entitled
under the terms of a Rental Housing Agreement to the use or occupancy of any Rental
Unit.
(0) lJfii�itgr Chareq: Any charges for gas, electricity, water, cable or iniernet.
Sec. 4. Homeowner r t i •
(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.
(i) Dupfeges. A unit will be exempt from this Ordinance if
it is one of two units (and only two units) on the same parcel, and one of the units
is occupied by a natural person owner as a Primary Residence,
Page 5 of 22
(2) where the tenant shares
a bathroom or kitcheriwith the homeowner shaI be exempt from this Ordihance
if the §1001p4a011!y..6000181h0 Prtmary Residence of the homeowner.
(3) IemporaryTeancy. A homeowner who is. the Primary Resident of a
sirigle4amily home IdflYIrCreate .810-11porp6110hOcy. The temporary tenant must
be t:IttAijitiOd, in writing at the itiQOptiotlqf the tenancy, the length of the tenancy
and a statement that thotenancy may be t6rMinated 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
unless:
(i) FaFLFe to Pay LII.ents The Tenant has foiled to pay the .Rent to which the
Landlord is legally entitled under the Rental, Housing Agreement, this
Ordinance, and state and any other locql law.
(2) Breach..of4eate, The tenant- has .continued, after written notice to cease,
to suOtantially violate any of the material berms of the rental agreement, except
the obligation to surrender pospessico on proper notice as required by law, and
provided that such-terffis are reasonable and legal and havebeeri accepted in
writing by the tenant or made part of the rental agreement; and provided further
that, where. such terms have been accepted by the tenantor made part of the
rental agreement -subsequent to..thainitt01...0r8lation Of the tenancy, the landlord
shall h8ve.:first notified.the tenant in writing that he or she heed not accept such
terms or agree to their being made part ofthe 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 Tenants written request may not be
based on the ,proposed'additional occupant's lack of
creditworthiness, if that person will not be legaily obligated to
t pay some or al1 of the Resit to the Landlord. A Landbrd's
reasoabie refusal of the Tenant's written request may be
based on, but is riot 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 as incorporated by California Health & 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
(as defined in California Family Code Section 297) of such relafiives, 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 prornote stability
for school aged children.
(3) hiplagricess,er crinii_n�f �ctivilx. The Tenant his confiinued, after the Landlord
has served the Tenant with a written notice to cease, to commit or expressly permit
a nuisance in, or cause substantial damage to the Rental unit the Rental Unit.
(4) Failure to_ Give Access, The Tenant has continued to refuse, after the
Landiord his 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 order.
The Board shill promulgate regulations for the repair and improvement of Rental
Units to ensure the leapt amount of disruptiori for the Tenant. Unless due to a
documented emergency affecting a Tenant's health andlor 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 Landiord 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)Te::is.orarll.,; V.:cate 'n 0 der to Undertake ..i..bs.antra1 :I,airs.
The Landlord after having obtained all necessary perrnits from the City, and having
provided written notice to the Tenant pursuant to state law, 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 building, provided that:
Page 7 of 22
(A) The repairs flecessitate thatthe Tenant vacaie fihe Rental Unit because
the Work will render the rental unit uninhab t b[e``for a period of not leis
than thirty (30) days;
(B) 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 Landiord at the same Rent, if such comparable vacant unit exists;
or
(ii) The first right of return to reoccupy the unit upon completion of the
repairs at the same Rent charged to the Tenant before the Tenant
temporarily vacated the Rental Unit.
ON In the event that the Tenant :elecis to accept an offer to move to a
comparable v%cartt Rental Unit at the same Rent, the Tenant is not
eligible for any relocation assistance pursuant to Section 5(b) herein.
(A) In the event the landlord thes an application for an individual rent
adjustment within six months fallowing the completion of the work, the
tenant shill .be a party to such proceeding the sarhe as if he or she were
still in possession, unless the landbrd shall submit, with such
application, a written waiver by the tenant of his or her right to re -occupy
the premises pursuant to this subspction,
(6) Ownerove.71n. The Landlord seeks to recover possession in good faith for
use and occupancy as a Primary Residence by the Landlord, or the Landlord's
spouse children, parents or grandparents,
(A) Ladbrd, as used in this Subsection (a)(6), sha!l only include a
Landlord that is a natural person .who has at least a fifty (50) percent
recorded ownership interest in the Property,
(A) No •eviction may take place for an "owner move -in" if the same Landlord
or. enumerated relative already occupies a unit on the property, or if a
vacancy already exists on the property. At all times a Landlord may
request a .reas�nableaccomrnodatjofl if tile Landlord or enumerated
relative is Disabled a0d another unifi in National City is necessary to
accommodate the persoh'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 Landlord or enumerated relative must intend in good faith to move
into the Rental Unit within ninety (90) days after the Tenant vacates and
Page
to occupy the Rental Unit as a primary residence for at least Thirty -Six
(36) consecutive months. The National City Rent Board may adopt
regulations governing the determination of good faith,
(A) If the Landlord or relative specified on the notice terminating tenancy
fails to occupy the unit within ninety (90) days after the Tenant vacates,
the Landlord shill;
i. 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) Eviction Proteclion for Elders or Disabled 'Tenant. A Landlord may
not evict a Tenant pursuant to this subsection if the Tenant (1) has
resided in the Renta 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 Lartdbrd may evict a Tenant who qualifies
for the exemption if the Landiord or enumerated relative who will
occupy the unit also meets the criteria for this exemption and no other
units are available.
(7) Withdrawal from Re,ta6 Maricet. The Landiord seeks in good faith to recover
possession to withdraw all Rental UnIts of an entire property looted in National
City or for Demolition. The Landbrd 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 Board,
with the intention of completing the withdrawal process and going out of the rental
business or demolition of the property Thnants shall be entitled to a minimum of
120-day notice or one (I) 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) irjflhia1orLQf Tenpgrafy.TeflRI1Q A landlord or lessor seeks in good faith to
recover possession of the Single -Family Home for his/her occupancy a primary
residence, where the landlord or lessor his previously occupied the rental unit as
his/her principal residence and has 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 listed in Section 3 and any regulations that might
be promulgated. No relocation is required.
(b)eocatOrt A landlord seeking to recover possession under Sections 5(a)(5),( 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 $1O,000 will be paid to the displaced
Page 9 of 22
ienanfi{s}. These amourtfis steal! be the relocation amounts for the First ;12 months after this
measure is passed. Amounts shall be increased each year by theyopr.bytO'ROht Board by a
minimum of 100% of fibs differenceln the Consumer Price index butmaybe increased by
fibs Board as rt deems ft for the relocation to reflect the cost of a tenant being forced to
reiocOte based on a r o=ult faeva��ior1,
)Ri. . EJttpf.Reu$i::.AII Tenants that are displaced •
based on Sections 5(a)(5),( 6) or (7) shad have the fret r gt fi of rpfuWto return to the
unit if it should ever be returned to the market by fibs Landlord or successor Landlord,
Rent shall bp the;Rent IawMJy paid by the tenant at the time. the Landlord gave notice of
basis Fisted ire Se6tions 5(a)(5),(-g) or (7).
z) Writt?nWarn.ngNjtce.Regr�irerrnfis� Any written notoce as described in
Subse0tior $ 5(a}(2)-(4)shall be served by the�r�Landiord wifihi11 a rea0nable per:.iod prior
to serving notice to termiriatetenaricy and shall inform the Tenarit thot :a fallure to cure
may result in the inithtion Of eviction proceedings, of the right to request a reasonable
accommodafiibrl and the _contact number for the dent Board. The notice shall also
incfude sufficient details allowing a reasonable person to compiy. The notice shall also
include any information necessary to determine the date, time, place, witnesses present
and other cirpumstances concerning the reason for the notice,
3) Notice: Requireanents: In any notice purporting to termnate tenancy the
Landlord shall state the cause for the terminatibn, and in and action brought to recover
possession of a Re.ntal Unit, the Landlord shall allege and prove compliance with this
Section, All notices described in Subsectiori 5(a)(2) shall be attached to any notices
that purport to terminate a tenancy for which they correspond. the Landlord shall file
with the Rent Board a copy of any notice terminating tenancy within three (3) days
after serving the notice on the Tenant.
4) RetafiatiOn_ is grdj Notwithstanding the above provisions, p
. pssession
shall npt .be :granted if it 6s determined that the eviction is motived.,ir�..sObstpntiaI dart
by retaliation for the Teriant reporting violations of this Ordinance, for exercising
rights granted under this Ordinance, including the right to withhold Rant upon
authorization of the Rent Board -under this Ordinance ar for forming Recogriized
Tenant Organization with other Tenants, making domplaints I'e.gaiCling hous•ng
conditions to the Landlord, City Officials or any other party, or exercising any other
right protected under Federal, state, or local law,
5) Failure to comply: Failure to comply with any requirement of this Qrdinance
may be asserted as an affirmative defense (by the Tenarit(s) or subptenant(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
emotionsl distress, in a civil action for wrongful eviction. The Tenant or the Rent
Board may seek injunctive relief and money damages for wrongful eviction. A
Tenant prevailing in an action for wrongful eviction shallrecover costs and
reasonable attorneys fees. All remedies allowably 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.
Page10 of 22
Sec. G. • Renta Contro Board.
(aOOSItQfl. Pursuant to the authority granted by Sections 36505 and 365Q6 of
the California Government Code, there'is hereby created.and there shad be in National
City a National City Rend Board. Local enforcement is the most effective way to create
stability far Tenants, homeowner, and Lancflords! Protection shall be overseen IDy a Rent
Board. The Board shall consist of five members. The Board shill &ect 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,
()pppifltrneflt. and Vacan: the members of the Rent Board shelf 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 fihled by appointment for the
unexpired portion of said term in the same manner as original appointments are made.
Each•member of the commission shall serve until their successor is appointed and sworn
into office.
(c)IrrfliLmts: an individual is Hmited 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)ijgbUiy. All Rent E.3oard 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 local, state and federal lames regulating the provision of housing. This showing
must be provided in writing with any necessary documentation and provided on the City
of National City website.
(e) Fu1 DLscIsure..Q4Q!dmn1S Candidates for the position of Board Member shall
submit a verified statement listing all of their interests and dealings in real properly,
including but not limited to its ownership, sale or management, during the previous three
(3) years. This documentation shall be made available to the public.
(f) powers and Duties: The Board shall have the following powers and duties:
(1) Establish a Base Rend 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 intend of
this Ordinance.
(4) Issue orders, rules and regulations, conduct hearings and charge fees
Page 11 of 22
(b)
(5)
tet forth below.
Mike such studies., surveys ar tl investigations, con -duct such h. earings,
and obtain such informaUori as fs necessary _to cagy out its powers and
duties:
(6) Report anrivalEy to the of Clty on _the status of
rental housing covered by This Ordinance. This shall include a summary
of the numbers of notices served, the basis .upon which they were
served, the amount of the Rent increases and the addresses for which
werethey served. A searOablp database vui�l be created -so' that service
of notice may be deterrnined as Well 'as the suiTimarles. A Rent increase,
termination, or change in terms of tenancy is not valid if not served on
the Board.
(7) Administer oaths and affirmations and subpoena witnesses.
(1) Establish rules and regulations for deducting penalties and settling civil
claims under SecUon 10.
(2) Refer violations of this Ordinance to appropriate authorities for prosecutjon.
(3) Seek njunctive and other civil relief under Sections 10-11.
(4) Charge and collect the Rental Hauling fee, inc!udng penalties for late
payments.
(12) Make available on a contract basis legal assistance services for
Iowincome residents of NatiQnal City related to evictions and Board
petitions, Bearings and appeals.
(i) Collect andlor 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) RuIes:ndReguIatons: the Rent Board shall issue and follow such rules and
regulations, including those which are contained in this Ordinarice as will farther
the purposes of the Ordinance, The Rent Board shall publicize its rules and
regulations prior to promulgation on its websifie and any other appropriate
medium. Alf rules 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 public.•for inspection,
download and copying or any other future appropriate technology.
ComrnunityEducatjon: The Board shall publicize this Orthnance 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 shall prepare a brochure
which fully describes the legal rights and duties of Landlords and Tenants under
Page 12 of 22
The Nations! City Renter Protection and Community..Sta.hUatio.P Ordinance, The
brochure shall also include heIpfu information for homeowners. The brochure will
be available to the public, and. each Tenant of a Rental Unit shall receive a copy of
the .brochure from his; her or their Landlord Landlords shall providethe brochure
at the cammencerr ent of the tenancy and with each notice of rend increase. This
brochure will be made available for download from the City of National City
website and/or other appropriate technology. Information about the Ordinance
shall be made available in all other languages that are requested by the
community.
(c) MQeting.: The Board shall hold such regularly scheduled meetings as are
necessary to ensure the timely performance of its duties under this Ordinance. All
regular arid special meetings shalt be celled and conducted in accordance with
state law. There shall be minimally one (1) meeting a year so that the Board may
comply with Section 7.
(d) or_ m: Three (3) Members shall constitute a quorum for the Board.
(e) 1/Ong.. The affirmative vote of three (3) Members of the Board is required for a
decision, including all motions, regulation, an.d orders of the hoard.
(f) Finaricin.q: The Board shalt finance its reasonable and necessary expenses by
charging Landlords annual Rental Housing Fees in amounts deemed reasonable
by the Rent Board.
(i)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 first Board is appointed
and determines the first fee amount, the amount shall be $120 per Controlled Rental
Unit per year ($1 0 a month) for controlled units and $84 per Rental Unit peryea.r ($7
a month) for Rental Units that are only covered by Just Cause for Eviction
Protections.
(4) This fee shall became due within thirty (30) days of inception of new tenancy if no
fee was paid the prior year. Ongoing tenancies shall have fees collected at the same
time as the Gity business license each year,
(b) lntegrity.and Autonvm , of Board: The Rent Board shall be an integral part of
the government of the City, but shall exercise its powers and duties under this Ordinance
independent from the City Council, City Manager, and City Attorney, except by request of the
Rent Board, the City shall provide infrastructural support on an ongoing basis as it would
with any other department. During the transition period before the Board Members are
appointed, the City shall take whatever steps necessary to perform the duties of the Board
and implement the purpose of this Ordinance.
Page 13 of 22
tid The Board shall, July I 01.040
:!;••,....•.c.,,• • . ,• •• •
proposed budget and adpipt.-prl.arirwal-bodgot for the itthirty-five.
days. prior tothe begirining of each fiseal year, the Boards Dftector shall 6illithittathe Board
• • i•. • ._
the proposed budget at. prepared. by the Executive 076Qtor. After witowin the same and
.
making such revisions as it may deem advisable, the i.F3'0attl.:§hall;.dOtefthine.the,:tinio for the
holding of a public hearirig thet.e.tortond .shall.caps0:0 be...,p0.11.016d. a notice thereof not less
than top. days priorto said hearing, by Ot101$t one insertion in th0-...Offi001 newspaper. Copies
of the proposed ,budget shall be avallable for inspection by the public iri the .offjpof the
Board at leapt ten days prior to said hearing. The City Council and the City Manager shall
have -10 authority to.0‘00601'04159rvisei or Oplovo.this:Wgiopt. Upon final adoption, the
budget Shall be in effect for the -01$Liitig.flOcal year obit6'mounts stated therein shall be
and .become 8pproprigte:c1 by the abaro for the respective objects and purposes therein
spepified.At-4ny meeting afterthe adoption of the the ',Rent .Board may amend or
supplement the :budget by.,thoaffirmptivp-votip$:.0f..ot least three 'rne.rnIDOrs..co.piesof-the
adopted budget and any ati10.ridmer)ts-ortOptilerrient§ shall be filed with the City Clerk, and
City Manager. Necessary .adjustments to -city -administrative procedures shall be made,
o.n a
(d) ffersonnel.: The Board shall review and assess yearly that sufficient number of
staff are employed, including an Executive Director, hearing examiners, housing .counselors
and legal staff, as may be necessary to perform its fu.nption efficiently In order to fulfill the
purpose of this Ordinance, Except for tho..elpcted ,or appointecfRoar0,MeibbOrp and the
Executive Director, aH eiriplayeps.pf the Board are within the glassified chill service of the
City. The Botird shall appoint on Executive Director to -administer and supervise the exercise
of its powers and duties who shall be directly responsible to the Board.
(0) oard Le al•Wor Legal staff hired by the Board shall represent and advise the
Board, its Mernipers, and itsstaff i.n any civil matters., act, or procaedings. in which the
Board, -its Members, or its staff, in or by reason of thlirtiffiOW capacity, are concerned or are
a patty. The Board rnay, in its sole discretion, arid without approval ofthe City Council, retain
private attorneys -0 furnish legal advice or reprppOntation. in :particular nriallers,1._a0on-s_or.. .
proceed-ingg.
(f) C.ontrOcts.and:.Purehas!es: The Board shall procure goods and services as do
other City agencies using existing support services within the City as would any other
department, i.e. Finance, Information Technology, and Public Works among others,...provided,
however, that the Board shall h0v6 sole and firml authority to employ attorneys, -legislative
lobbyists, and other professionals, and to approve contracts for such professional. services.
(g) Contiormin* iiivatipns: If any pprtjon of this Ordinan.ge is declared invalid or
unenforceable IpTdeoisioh. of a court of competentjurisdiction or rendered inValjd Or,
unenforceable by state or federal le.di.slation, the Board and not the- City Council shall have
authority to enact replacement regulations consistent with the intent and purpose of the
invalidated provision ancl applicable law. Such rpplacernen_t reguiptiops,shall supersede
invalidated or unenforceable provisions of this. Ordinance to the extent necessary to resolve
any inconsistency. The subject, matter of such replacemeht regulations shall be limited to
rent control matters as enunlorated in this Ordinance.
(h) .13.e orUn andee P.E.,41Llient,Requirements:
Page 14 of 22
(i) Within sixty (60) days after the adoption o#,this ordinance, a!i_Landlords
shall be required fio fie a copy of all rental increase noiices,•change Of terms of
tenancy and tenancy termination notices with the hoard before serving the
tenant fine notice. A proof servile ►with time and da.te of service Qf_notice shall
be included withi nptice filled ith. the City.
(2) If the. Board, after- the Lanthord has proper notice and after a hearing,
determines 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 portion of the
Rent for the Renal Unit until such time as the Rental Housi.ng fee is paid or
notice filed. After a notice is properly filed or feo 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. Whether or not the Board allows
such withholding, no Landiord who has failed to properly report or pay the fee
shah 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 Board,
(3) Further, failing to pay the fee or filing a copy of a notice before the filing
of an unlawful detainer isa complete defense to an unlawful detainer. Na
Board action is required for defense to be alleged or Iitgated in an unlawful
detainer.
Sec. 7. Stabilization of Rents; Right of Reasonable Return for Landlords.
(a) Establishment of base Rent: Beginning the effective date of this Ordinance, no
Landlord shall charge Rent for any Controlled Rental Units in an amount greater than the
base Rental Rate, at the time of the Publishing of the Ordinance. If there was no renal
rate applicable to a unit orr the date of the Publishing of this Ordinance, the Base Rent
shall be the Rent that was charged on the first date that Rent was charged following the
date of the Publishing of this Qrdinance. 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 paint from which the Maximum Allowably Rent shall be adjusted
upward or downward in accordance with Section 7(c),
(b) F'osfirr�; As soon as the Landlord is aware of the Annual Genera Adjustment the
Landlord shall post it in a prominent pace in or about the affected Controlled Rental
Units. The Board may require that other information it deems relevant also be posted.
(c) ent 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 Arinual General adjustment in the month of September each year.
Page 15 of 22
(1) The 000 General Adj007400.,$T •E1.0 0 0110-p 70 hunclred (T00%)
percerit of the percentage increase ri the Consumer p40.0:10 0xtql714.i ("All
Urban Consumers") US ver :Oatigh,..0 that
index th41t•it4y-litOr be adopted by the U.S Bureau:0 ,pr :Ottstio0 8s
reported and published by the U1S. Department ofLabor, Bureau Of Labor
StOtitrQs(fOr 00 1 2monthpotiod :ending as of m?irot) Of the current year.
(2) Subparagraph 1 of this Subsection n'obkith8tandiriO, in no event shall the
Annual General Adjustment be more than five percent (5%).
(3) Subparagraph 1 of this Subsection notwithstandirfg, in no event shall the
Annual General Adjustment be less than zero percent (0%).
(4) For the period between the effective date of this Ordinance and the first
Annual General Adjustment announced September 1, the landlord may
increase the Maximum Allowable Rent to include one Annual General
Adjustment for September 2018. This is the only time when a landlord may
impose an increate that the landlord failed to do in:the Oast.
(d) Petitions: Upori receipt of a petition by a Landlord and/or a Tenant, the Maximum
Allowable' Rent of individual Controlled Rental Units May be adjusted Upward or
downward in accordance with the procedures set fortlielsewhere in thls-Soction. The
petition shall be On the form provided by the Board and shall include a declaration by the
Landlord that the Rental Unit meets all requirements of this Ordinance. Notwithstanding
any other provision of this Section, the Board or hearing examiner may refuse to hold a
hearing andior grant a Rent adjustment if a,n individual hearing has been held and
decision made with regard to the Maximum Allowable Rent within the previous twelve
(12) months.
(e) Hearing_Prgicedure: The Board shall enact rules and regulations governing
hearings and appeals of individual adjustment of Maximum Allowable ,Rents Which shall
include the following:
(1) Fleal._,Imgxaminer. A hearing examiner appointed by the Board shall
conduct a hearing to act upon the petition for individual adjustment of Lawful
Rent and shall have the power to administer oaths and affirmations.
(2) &flee. The Board shall notify the Landlord, if the petition was filed by the
Tenant, or the Tenant, if the petition was filed by the Landibrd, of the receipt of
such a petition and provide a copy thereof.
(3) Time of Hearin.. The hearing officer shall notify all parties as to the time,
date and place of the hearing.
(4) Records. The hearing examiner may require either 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 Board°s current information does not reflect. current
condition of the Controlled Ren#aI Unit. Ths Tenani may request the ,hearing
examiner to order such an inspection Rrior to the date of the hearing. All
dOCLirnefltS required under thi$.Se01Qn.shall._be"made avaiiable to the parties
invalri�d prior to the hearing at the office of,the Board; f�i uses where
inform�tian filed m a petition for Molt -Nth AHowable Rent adjustment or in
additional submissions fled at the request of the hearing examiner s inadequate
or false, no action shall be taken on paid petition iglul the deficiency is remedied.
(5) D�en Hearings. All Maximum A1Iowabe Rent adjustment hearings shall
be open to the public.
(6) Right .of Assistancp. All parties to a hearing may have assistance in
presenting evidence and developing their position from attorneys, legal workers,
Recognized Tenant Orgari!zation representatives or any other persons
designated by said parties.
(7) Hearing Record. the Board shall make available for inspection and
copying by any person an official record which seall constitute the exclusive
record for decison on the issues at the hearing. The record of the hearing, or
any part of one, shall be obtainable ifor the cost of copying, The record of the
hearing shall include; all exhibits, papery and docurnents required to be filed or
accepted into evidence during the proceedings; a list 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 decisions, 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) Qijntum of Proof and Noflce of ion. 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 decision
pursuant to this Section and Section 9 of this Ordinance.
(1) Consolidation. All Landiord petitions pertaining to Tenants in the same
building will be consolidated for hearing, and all petitioris 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) Apm.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) Einaftty f f�ecislon. The decision of the fearing examiner shalt be the
final decision of the Board in the event of no appeal to the Rent Board. The
Page 17 of 22
decision of the hearing examiner shill riot e stayed penpe0hawever,
in the evert ttrip-Rent Board ate appeal reverses or modifies the decision of
the .hearng examiner, the Landlord, in the case of an upward adjOtmOnfi in
Rent, theTenant; in the case of a °downvvprd adilustment :of Rent, �� all be
ordered to mike retroactive payments to restore the parties to the position they
would have occupied had the hearing examiner's decision been the same as
that of the Board.
(4). Time the rules and regulations adopted by the Board
shall provlde for final action on any individual Rent adjustment petition within a
reasonable time.
(A) Decisions decre.asng Rents shall remain in effect until the Board finds
that the Landlord had corrected the defect warranting the decrease.
The Board shall, by regulation, establish procedures for making
prompt compliance determnatons. Upori a determination of
compliance the Landlord shall .be entitled to reinstatement of the prior
Rent level, retroactive to the date that the Landiord corrected the
defect which warranted the decrease.
(B)
This shall be in compliance with California Civil Procedure Section
19424, if the Landiord is found to be in violation of California Civil
Procedure Se.ction 1942.4, then no rent shall be charged for the
period during which the Landlord was in violation,
(a) thd.ivithai.Ad'ustments ent ncr e: In making individual adjustments of the
Annual Adjustable Rent Inerease, the Dowd shall consider the purposes of this Ordinance
and the requirernbn#s of law, in making an indMdua downward adjustment, the Board may
consider decreases in living. spade, furniture., frn.Hng•sequjpment,or servics;
sub��anfi�l
deterioration �f MO G�nt�o[led lUnit �th�r than as a result of ordinary dear and tear; or
failure on the part of the Landiord 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
individually metered.
(c) Landordshgvethe_rihttoE fair...Returnon .thei.r investment: In making
individual adjustments of the Maximum Allowable Rent,the board or hearing examiner shall
consider the purposes of this Ordinance and shall specifically consider all relevant factors,
including (but not limited to):
(1) Increases or decreases in property taxes;
(i) 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
has distinguished from ordinary repair, replacement.and m�intenarzce) where
such capital improvements are necessary to bring tip property into compliance or
maintai�i compliance with applicable focal code requirements affecting health and
r safety,. an0 where such capital improvement costs are properly amortized over
the life of the mprovemen#
(3) Increases or decreases in the number of tenants occupying the rentsl unit,
living space, furniture, furnishings, equipment, or other housing services
provided, or occupancy rules;
(4) Substantial deterioration of the controlled rental unit offer than as a result
of normal wear and tear;
(5) Failure on the part of the 1arc1Iord to provide adequate housing services,
or to comply substantially with applicable state rental housing laws, local
housing, health and safety codes, or the rental agreement; and
(6) the pattern of recent rent increases or decreases.
(a) No upward adjustment of an individual Maximum Allowable Rent shall be
authorized by the board under this Sect!on if the landlord:
(1) Has continued to fail to comply, after order of the Board, with any provisons
of this Ordinance and/or orders or regulations issued thereunder by the Board, or
(2) Has failed to bring the rental unit into compliance with the implied
warranty of habitability.
(b) Allowable 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, Nonowaiverability.
Any provision, whether oral or written in or pertaining to a Mental Housing
Agreement whereby any provision of this Ordinance for the benefit of the Tenant is
waived, shall be deemed to he against pubic policy and shall be void.
Sec. 9. Judicial Review.
Page 19 of 22
A Landlord or �Tenar�fi -aggrieved by any action or decision c�� -fihe dent Board may
seek judreial review :by appealir g • to tie appropriate court vui#hr.n the-jurisdicton. No
action or decistor by the Board shall go into effect uhtil thirty•(30 days have expired to
allow forsuch appeal;
Sec. 10. IRem�.daes.
(a) Any :LandOrtl who detti.ands, accepts, receive, or or retains any payment of lent �
excess of the ma*in)thli IawfuI Rent, in violation of the provisions of this Ordinance or anyrule, regulation 0 order hereunder promulgatecl, including the provisions onur ng
aompliance with habitability standards and registration fee requirements, shall be liable in
a civil actian to the Tenantfrorn whom such payments are demanded, aGGepfed, received
or retained, for:
(1) Damages in the amount by which the payment or payments demanded.
accepted, received or retained which exceeds the maximum lawful Rent;
(2) Liquidated damage due to the tenant(s) in question of an amount equal to
the payment or payments demanded, accepted, received or retained
exceeds the maximum Iawfu1 Rent shall be awarded against the Landlord
upon a showing of overcharge;
(3) Reasonable attorney°s fees and costs as determined by the court; and
(4) If it is found, by a preponderance of the evidence, that the Landiord his
aced willfully or with oppression, fraud or malice, the court may award
general and special damages, fricluding consequential, and emotional
distress.
No administrative remedy need be exhausted prior to filing suit pursuant to this
Subsection.
(b) In lieu of filing a civil action, a Tenant 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).
(i) the rules and regulations adopted by the.Baard 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 fearing under this Section, a Landlord who
demands, accepts, receives or retains any payment of Rent in excess of the
maximum IawfuI Rend shall be liable for damages in the amount by which the
payment or payrrients demanded, accepted, received or retained exceeds the
maximum lawful Rent, Additionally, 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 Rani Board. An order authorizing Rent withholding under
Page 20 of 22
this Ordinan.•ce shall survive the .sale or oth.er transfer of the Property and shall be
binding upon successors of the Laridiord against whom the order was made. If a
Tenant authorized to withhold Rent under this Ordinance vacates the. Property,
the LancBord shall pay to such Tenant a sum equal to the balance of the Rent that
the Tenant could have withheld.
(c) if the Tenant from whom such excessh ,payment is demanded, acce
received or retained in violation of the foregoing provisions of this Ordinance or any rule
or regulation or order hereunder promulgated fails to bring a civil or administrative action
as provided for in Sections' 10(b) (c) within one hundred twenty (120) days from the date
of occurrence of the violation, the Rent Board may Bettie 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 L,andord in regard to the same violation
for which the Board has made a settlement or brought action. In the evert the Board
settles said dam, it shall 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 Rental Unit affected is
located shall 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 15.1 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 located
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.
f 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 liberaily construed to achieve the purposes of this Ordinance and to
preserve its validity.
Sec. 13. Supersedes.
This Ordnance shall supersede any ordinance passed by the National City Council
covering the area of rends or evictions.
Sec. 14. Majority Approval, Effective Date, Execution.
This Ordinance shah be effective only if approved by a majority of the voters voting
Page 21 of 22
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 ordinance to
give evidence of its adoption by the voters.
Page 22 of 22