HomeMy WebLinkAboutCC RESO 2018-145RESOLUTION NO. 201 -- 145
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NO E BER 6, 2018 FOR
THE PURPOSE OF SUBMISSION I F A RENT CONTROL BALLOT MEASURE
TO THE VOTERS AS REQUIRED BY THE PROVISIONS OF THE LAWS
OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
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, S, 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, 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, there is called and ordered to be held in the City of National City,
California, on Tuesday, November 6, 2018, a General Municipal Election 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
Section 2. The election hereby called for November 6, 2018, is hereby ordered
consolidated with any other election to be held within the City on said date. The election shall
be held and conducted, election officers appointed, voting precincts designated, ballots printed,
polls opened and closed, ballots counted and returned, returns canvasses, 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.
Resolution
No. 2018 — 145
July 24, 2018
Page Two
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 be held in all respects
as if there were only one election.
Section 3, That the above proposed ordinance to be submitted to the voters is
attached hereto as Exhibit "A" and incorporated herein by reference.
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 the City Clerk is authorized 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 this election.
Section 7. That the polls for the election shall be open at seven o'clock a.m. of the day
of the election 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 Elections
Code of the State of California.
Section 8. 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 9. That notice of the time and place of holding the election is hereby given
and the City Clerk is authorized, instructed, and directed to give further or additional notice of the
election, in time, form, and manner as required Dy law.
Section 10. 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, + 18.
A.TT ST:
LI*
1i1� ichael R/Dalla, City Cler
Ran Morrison, Mayor
APPROVED AS TO FORM.
Passed and adopted by .the Council of the City of National City, California, on
July 24, 2018 by the following vote, to -wit:
Ayes: Counciimembers Cana, Morrison, Rios, Sot I -Solis.
Nays: None.
Absent: None.
Abstain:
AUTHENTICATED BY: RON M RRIS N
Mayor ofthe City of National City, California
City Clerk of the City of National City, California
By:
1 HEREBY CERTIFY that the above and foregoing is full, true and correct copy of
RESOLUTION NO. 2018w145 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 Nation a l City, California
Deputy
THE PEOPLE OF NATIONAL CITY ORDAIN AS FOLLOWS:
TH NATIONAL CIT'1' RENT CONTROL AN D
COMMUNITY STABILIZATION ORDiNANCE
Sec. 1 Tttle and Purpose.
Sec. 2 Findings.
Sec. 3 Definitions.
Sec, 4 Homeowner Protections.
Sec, 5 Just Cause for Eviction Protections.
Sec. 6 Rental Housing hoard.
Sec. 7 StabIlization of Rents; Right of Reasonable Return for Landlords.
Sec.8 Nonwaiverability.
Sec. 9 Judicial Review.
Sec. 10 Remedies:
Sec. II Injunctive and Other Civil Relief.
Sec. 12 ParUal Invalidity.
Sec. 13 Supersedes.
Sec. 14 Majority Approval, Effective Date, Execution.
Sec. 1, Tftle and Purpose.
This Ordinance shall be known as the National City RENT CONTROL and
Community Stability Ordinance. The purpose of this Ordinance is to promote
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 foflows:
(a) In its most recent report on the San Diego County 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 &6%, 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 $1,875 last month, continuing
more than six years of rising rents in a tight housing market."
(c) According to the US Census Bureau American community Survey;
$ Renters make up 68.1% of all occupied housing units in National City.
National City presently has the lowest median gross rent of any incorporated
city within San Diego County
Fx
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 bailor. 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
ballot.
Irvin Martinez
Dated this _. day of February, 2018
e The median gross rent for rental housing units in National City increased
16i0%.'h one year, from .$900.ir) 415 to ;1143 .:in 2016.
* The share of renter households in Ngti6hai City that OX0.010)10e. "housing
cost burden", that is, pay at least 30% of their household income in gross
rent .1 %...
. . _ . .
The share .0f110001700§itl*.$4 suffer from "$evp(e.. housing cost burden", or
pay at least half of their houtehold income in gross rent, is high and
increasing. This situation, now affects $1.13% of renter households, having
increased from 235% of .§(10h11011§el.010:in:2C97.::
• The share of households that moved into their' home before 2010 decreased
from 527$?/ci in 2015 to 37.20/0 in 20109 indicating that long term National City
residents are MpvinO. out of the homes they havelived in for years or oven
decades.
(d) Members of community organizations.. have met with .Members of the National City
Council to discuss the problem of tenants experiencing large rent increases and to urge
the City Council to take action tei inlpo§e reasonable limits on rent
(e) Community organizations organized a public Housing Forum at St• Anthony's
Church in National City to discuss the issues of large rent increases and eVid.tiorip with
tenants, community members and elected officials on December 14th2017.
(f) The people of the National City find and declare thatexcessive rental increases
could tsuit in thedisplaceM6nt of low-iritome t� moderatO4nOtime families,
(g) Without adequate, reasonable, rationally-relpted controls. on rent increases -and
other rent stabilizatiOh measures, along With just cause for evibtion prititeOtions, 'certain
aspects of public peace, health, or safety in the National City are at risk. It is in the
interestof the City, of owners and residents of rental units, and of the community as a
whole that the City enact regulations to protect and promote housing affordability within
the City including, but not limited to, rent -stabilization and_ just cause for eviction
regulations,
(h) In light of the numerous concerns noted herein, including, but not limited to, the
current and immediate threat to the hob, safety, and welfare Of the City's residents and
the adverse impacts that would result from a substantial decrease of housing affordability
within the City, the People of National City determine that it is in the interest of
immediately presenting 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 polities, and rent
stabilization.
Rot stabilization has been adopted in a dozen jurisdictions in California and has
long been upheld asp.onstitytiotpl by the California Supreme Court. Many cities with rent
cohtrol are exploring ways to strengthen end expand tenant protections.
(i) This Qtdinance shall supersede any ordinance 'passed by the National City Council
covering the area of rents or evictions.
Page 2 of 22
Sec, 3, Definitions.
The following words or phrases as used in this. Amendment shall have the
following meanings:
(a) Annual.AllQwAble Rental Adjustment: "Annual Allowable Rental Adjustment"
refers to the limit on the Maximum Allowable Rent increase, which. a Landlord may
charge on any Controlled Rental Unit each year without order from a hearing officer.
(b) Base Rental Rate: The term "Base Rental Fate'', 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 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) Publishing of_this Ordi ance: 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) Rend Board: The term "Rent Board" refers to the National City Rental Board
established by this Ordinance.
(e) P JLec: A person with a "disability" as defined in Govt. Code Section 12955.3.
(f) Qpntr1Led_R.ental Units: All Residential Rental Units in National 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 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 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 Government
Code section 65863.10; provided that upon the termination of the rent regulation
by a tax credit programor 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) !lousing Services: Hbusin Services include, bu=are r�ofi lo�nited to, �ep�ers,.
maintenance, painting, providing right, hot �an� void water, �le�a#or:serrri�e, window shades
and screens, sttirage, kitchen, bath and laundry facilities and p11vileg�s janitor services; : ,
utilities that are paid by landlord, •refuse1erimoval,,furn10hings �qlephone; parking, the right to
have a specified .number of occupants, and any ofher benefit, connected
with the use or occupancy of any Rental Unit. Housing Sen�ices to � Rent�I Un:ii shal.I include
a proportionate park o'f services provided to common facil.itie.s of the building in which the
Rental Unit is contained.
03) Landl ut 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 foregoing.
(c) Maxim.um.ALowabie. Rent. The maximum allowable rent which may be charged
on any Controlled Rental unit covered by this Ordinanbe.
(d) FrhnarYR?idence: Occupancy of a Primary Residency does not require that
the individual be physically present in the unit at all times or continuoim6y, but the unit must
be the individual's usual place of return. Factors that are indicative of F..rimary Residence
include:
(e)
(1) the indivdual carries on basic living activities at the subject premises for
extended periods;
(2) the subject premises are listed with other public agencies, including federal,
state and local 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
Residency and not held by a Limited Liability Corporation or other corporate
structure. ownership can be in the form of a trust, fee dimple or other form of
ownership, so long as the there is not a legal entity distinct from the natural person
owner, and the na#urnl person owner has a substantial ownership interest in the
properly;
(7) other relevant factors illustrating Primacy Residence.
Pr_operty: All Rental Units on a parcel or lot or contiguous parcels or
contiguous lots under common ownership.
(f) REnt: All periodic payments and all nanmonetary 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 an.d premises and attendant Housing Services, inc.!uding �If
payment and consideration demanded or paid for parking, Utility Charges, pets, furniture,
and/or •subletting. Landlord under a Rental Mousing Agreement, as defined, in this Section,
concerning_ tie use• or occupancy of a Rental Unit and premises, inclutlir�g pIl.pOym0# and
consideration demanded or p0tl for parking, utilities, pets, furniture, subletting and security
deposits for damages. end clean9ng.
(g) Rana 0; Agreemea: An agreement, oral, written or implied, between a
Landlord and Tenant for use or occupancy of a Rental Unit and for Housing Services.
(h)
genta.LHousing..Fe 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 common
areas and recreational facilities held out for use by the Tenant.
0) Becip ., ni r , . s 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) Rounding-: Numbers will be rounded using the "half away from zero" method.
.�n • f ;wFamil : o e; A detached building containing a single residential
dwelling unit separately alienable from any other dwelling unit.
(m) Ternp.grary Tenarim The tenancy in a Single -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 shall terminate in no more than 12 months when the
owner shall return to the Singly Family Home to reoccupy.
fin} Je.ni: 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 Rectal
Unit.
(0) UtilityGharc�,: Any charges for gas, electricity, water, cable or internet.
Sec. 4. Homeowner Protections.
(a) Homeownership is of great importance to the residents of National City. Nothing in
this Ordinance shall prevent the foliowing if the single-family home is the primary
residence of the homeowner,
(i) Granny -Flag 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.
Page of 22
{
(2) �twn b a Raot�llnreulatetl •ten•ncy where the tenant shares
a bathroom oe7 vuith the •homeowner hall be exempfi from this Ordinance
if fhe sin gle family home is the Primary Residence of the homeowner.
(3) Te: or cv. A.ho .eo h
_Primary Resident of a
dr'gletemporary #enOncy. The temporary tenant must
be ;prtivided; .in writing at fie inception of the #errancy, the length of the tenancy
and a statement ihat` tie :tenancy may be t6rrnrnated at the end of the temporary
tenancy (pursuant to Section 5 (a)(8).b&ow) 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 :fiaiee act.iQn to termgnato-attiy 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 notice to quit Qr other eviction notice, or bringing any
actipry to recover possession or be granted recovery of possession of a Rental Unit
unless:
(1) Failure to _Pay Rent. The Tenant his Wed to pay the .Rent to which the
Landlord is legally entitled under the Rental. Housing Agreerrient, this
ordinance, and.state and any other local law.
(2) Be.,ac _of Lease. Tf e tenant has continued, after written notice to cease,
to sul*tantially violate any of the material terms of the rental agreement, except
the obligation to surrender P0$5G58Q:fl pro.per notice required by law, and
provided that spoil -terms are reasonable and legal and have been acQepted in
writing by the tenant or made part of the rental agreement; and provided further
that, inhere, such terms have been accepted by the tenant or made part of the
motel agreement subsequent #otha;irtitoa9 creation Of MO te.nancy, fihe landlord
shall have first notified:the tenant in writing that he or she need 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 Unitas 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 falls 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
i
reasonable refusalof the T€narit'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 rsfusal of the Tenant's :ritten..reqUeSt may be
based on, but is not limited 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 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) thlisance oimimJnal .. c�ivity. The Tenant has continued, 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) Fa`fure to__ Giveccess. 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 shaft 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) Te or41rit . V.;cafie 'n •er to IUndert. .-b ; tad r •a'rs.
The Landlord after having obtained all necessary permits 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 :recc.as!1,.at� that the Tenant *?t6th Rental Unit because
the work will render the rental unit uninhabitable for a period of riot less
than thinly (30) .days;
(B) The Landlord gives advance notice to the Tenant of the Tenant's right to
elect between:
(1) 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
(11) Thefirst right of reurn to reoccupy the unit upon completion of the
repairs at the same Rent ,charged lo the Tenant before the Tenant
temporarily vacated the Renta Unit.
(iij) event that the Tenant eiec�s to accept an offer to move to a
comparably vacant Rental Unit at the same Rent, the Tenant is not
e�igib9e for any relocation assistance pursuant to Section 5(b) herein.
(A) In the event the landlord files an: application for an fridividua1 rent
adjustment within six months fpllowing the completipn of the work, the
tenant shall .be a party such -proceeding the pirpe he or she were
still in possession, unless the 010 submit, with such
application, written waiver by the tenant of hip or her right to re -occupy
the premises pursuarit to this su.bsection.
(6) Owner_fLove.iri. The. Landlord seeks to recover possesson in good faith for
use and occupancy as a Primary Residence by the Landlord, or the .Landlord's
spouse children,..paremis or grandparents.
(A) Landlord, as used in this Subsection (a)(8), shall 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 placefor an''ownerrnove-gin" if the same Landlord
or: enumerated relative already occ apies a unit on the property, 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 Rerital
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 residency for at least Thirty -Six
(36) consecutive months. The Naibnal CRy Rent Board may adopt
regulations governing the determination of good fOithp
(A) If the Landlord or relative specified on the notice terminating tenancy
fails occupy the unit within ninety (9Q) days after the Tenant vacates,
the Landlord shall:
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) gvktton.P tetipp for.Eldedy.Qr Dsab�edjoant. 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 ill 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 snit also meets the criteria for this exemption and no other
units are avaifable.
(7) W.iti'3rw;! ; ro R - n rk-t. The Landlord seeks in good faith to recover
possessipn to withdraw all 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 withdrawsl process and going out of the rental
business or demolition of the property1 Tenants shall be entitled to a minimum of
120-day notice or one (1) year in the case tenants are defined as senior or
Disabled under Govt. Code Section 129553. 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)T:rm o Te ' • at a ;- T�n.;i....:.:! 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 has previously occupied the rental unit as
hEsiher principal residence arid 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)RJpcatiorE A landlord seeking to recoverThe followingon under Sections fees �ha! be the total amount
1( 6) or
(7) above shall make relocation payment.
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 $10,000 will be paid to the displaced
Page 9 of 22
tenant(s). These amounts shallslialt be the relocation amounts fir the first ,1.2 months after this
measure is passed. Amounts shall be increased each year, by the 'RentBoard by a • -
minimum of 100% o€the difference In the Consumer Pace Index bit rnay be increased by
the Board as deems fit for the relocation to reflect the cost of a tenant.forced to
relocate based qn a no=fault - •
1) ° FliUrn Arid Mitt R'ght o Tenants that are displaced •
based on Sectibns 5(a)(5)( 6) 'or (7) have the first right 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 the -Rent lawfully paid by the tenant at the time the Landlord gave notice of
. . .
basis listed in Secti�ns .5(a)(5)1('6) or (7).
W.dtLrly?A.Fril).11g NAiice.RequirementsA Any wrtfipra nonce as described in
Subsections 5(02)44) shall be served by the Landlord within a r00son0bl0 period prior
to serving a notice #cterrrtisp.Oie tenancy and shall inform the Tenant that #o cure
may result ii the initiation of eviction proceedings, of the right to request a reasonable
accommodation and the contact number for the Rent Board, The notice shall also
include sufficient details allowing a reasonable person to comply. The noticeshill also
include any informationnecessary to determine the date, time, place, witnesses present
and other circumstarrce. concprning the reason for the notice.
3) Natick any nofiicapurpartihg to terminate tenancy the
Landlord shall state the cause for the termination, and in any action brought to recover
possession of a Rental Unit., the Landlord sh01 allege an prove connpliance with this
Section. Al! notices described in Subsection 5(a)(2) shall be attached ttb any not ces
that purport to terminate a tenancy for which they correspond. The landlord shall file
with the Rent poard a copy of any notice terminating tenancy within three (3) days
after serving the notice on the. Tenant.
�} Re�al�ation 's BarLd: the above provisions, possession
shall not bp .granted• if it is determined that the eviction rmotived :en,wl*on#al ,part
by retaliation for the Tenant reporting violations of this Ordinanpe, for exercising
rights granted .under this Ordinance, including the right fia withhold Rent upon
authorization of the Rent Board under this Ordinance or -for fo�m.6ng � Recognized
Tenant Organization with over Tenants, making complaints regarding housIng
conditions to the Landlord, City Officials or any other party, or exercising any other
right protected under Federal, state, or local law.
5) Faiiure.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 Landlord 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 civil action For wrongful eviction. The Tenant or the Rent
Board may seek injunctive relied and money damages for wrongful eviction. A
Tenant prevailing in an action for wrongful eviction shall recover costs and
rpasonable 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 Contro Board.
(a) 190; PursuAnt to the authority granted by Sections 36505 and 36508 of
the California Goirernment Code, there is herby created and there shad be in National
City a National City Rent Board. Local enforcement is the most effective way to create
•
stability for Tenants, homeowners, and. Landlord. Protection shall be overseen by a Rent
Board. The Board shall cansist of eve members. The Board $ha9l elect• annually as
chairperson one of its members t� 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)App�in1T�flt and Va any : Themembers 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 terra, such vacancy shall be filled 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 theirsuccessor is appointed and sworn
into office.
(c)TeriTI Limits: an individual is limited to two consecutive terms, unleas no candidate
having the eligibility requirements described in subsection (d) is. available, in which case
an individual may serve three consecutive terms.
(d)Eligjblir All:Rent hoard members shah 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 properly are appointed to this Rent
Board, they must make a showing that they are in compliance with this Ordinance and
all other local, stale 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 City website..
(e) Ful. Discio u�� of Ha[dn s; Candidates for the position of Board Member shall
submit a verified statement fisting all of their interests and dealings in real property,
including but not limited to its ownership, sale or management, during the previous three
(3) years. This documentation shall be made available to the pudic.
(.0 Powers md lapties: The Board shall have the following powers and duties:
0.) 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
Page 11 of 22
. • `asset fothbek:w.
(s} Make such studse$,, surveys and investigations, con:cluc# such .hearings,
• end obtain such informs#ion 'as is • to carry out its pc�v ier�-and
dufiies.
(6) Report the City Caunci! of National Caty an the status of
rental dousing covered by this Ordinance. This shall include a summary
of the numbers of notices served, the basis .upon which they were
served, the amopnt pf #ire Rent increases and the acldreases for which
they were served. A s0ar0ab1,e database will be crated s6 ihat service
of notice may b0 determined�ni �5 el! 'as the summaries. A Rent increase,
termination, or chance in terms of tenancy is not valid if not served on
the Board.
(7) Administer oaths and affirmations and subpoena witnesses.
0.) Establish rules and regulations for deducting penalties and settling civil
claims under Section 10.
(2) Refer violations of this Ordinance to appropriate authorities for prosecution,
(3)
Seek frijunctive and other civil relief under Sections .1'O11.
(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 rolated to evictions and Board
petiti�ns, hearings and appeals.
(1) Collect arid/or receivo 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) Ru e� d ReguIat�ns: Thee Rent Board shall issue and follow such rules and
regulations,including
t.�those which are con#ained in this Ordinance as will further
the purposes of the Ordinance. The Rent Board shall publicize its rules and
regulations•pr.ior to promulgation on its website and` any other appropriate
medium. All rules and regulations, internal staff memoranda, and written
correspondence explaining the decisions, order, and policies of the Board shall
be kept in the Boardvs office and made avail�bie onlin�e;t� fihe pub��c for inspection,
download and copying or any other future appropriafie fiechnology.
C'omiunity.Educatkn: The Board :she[! publicize this Ordinance so that III
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 dpties of Landlords and Tenants under
Page 12 f 22
The National City Renter Protection and Cornmunity.StabZ8tiOfl Q.rdina.nc01 The
brochure shall also include helpful information for horneoWner$7 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 provide 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 andlot other appropriate technology, Information abort the Qrdinance
shall be made available in all other languages that are requested by the
community.
(c) Meetftig: The Board shall hold such regularly scheduled meetings as are
necessary to ensure the timely performance of its duties under this Ordinance. All
regular and special meetings shall be called 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) Quorum: Three (3) Members shall constitute a quorum for the Board.
(e) YsOng: The affirmative vote of three (3) Members of the Board is required for a
decision, including all motions, regulations, and orders of the Board.
(f) Financing: The Board shall 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 tme 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 ($10 a month) for controlled units and $84 per Rental Unit ptysar ($7
a month) for Rental Units that are only covered by Just Cause for Eviction
Protections,
(4) This fee shall become due within thirty (30) days of inception of new tenancy if no
fee was paid the prior year. Ongoing tenancies shall have fees collected at the same
time as the City business license each year,
(b) Jntegrity and Autonoiriy of B�aard: The Rent Board shall be an integral part of
the government of the City, but shall exercise its powers and duties under this Ordinance
independent from the City Council, City Manger, and City Attorney, except by request of the
Rent hoard, The City shall provide irifrastructural support on an ongoing basis as it would
with any other department, During the transition period before the Board Members are
appointed, the City shall faits whatever steps necessary to perform the duties of the Board
and implement the purpose of this Ordinance.
Page 15 of 22
(c) B- udaet The Board .shall; prior fio July
and adopt ate arihual-budg0t
days; prior to fih� beginning of each fiscal year,
the proposed budget as prepared by the Executive �ctar.
making such revisions as it may deem advisab#e, the Board. �haii d�terr nine the time far the
holding of a public hearing thereon and shall pause to be published a notice thereof not less
than ten days prior to s01d hearing, by at leash one'i0s�rtion in. the official neviispapec. Copies
of the proposed budget fir 1nspe0tion by the_ public in. the office: of the
Board at least ten days prior. fo skid hearing: The CityCouncil and_ the City Manager shall
have ono authority to oversee, supervise or_ approve phis budget. Upon final adoption, the
budget shall bye in effect for the ebsuir g fiscal year and -the amounts 6tated therein shall be
and become appropriated by th0130.rd for the respective Dbjeots end pOrpos*. therein
specifjed. At ariy m0e00g afite(the a0opfiion of the budget the :Rent may amend or
supp)pmoitithobodget by=the affrma#ive votes ofiafi leasfi three iiTember$Copaes afi the
adOpt0d_budget and ariy amendments 'or supplements shill be filed With the City Clerk, and
City Nlanagor Necessary adjustment� to -city administrative procedures shall be made.
propose
ar, hold a pubDc..hearing on a
"fiscal :year.. At beast thirty-five
rector shall .submit to the Board
er rev16winp -the'. same and
(d) Egoonnel: The Beard review and assess yearly that sufficient number of
staff are ernp9oyed, including an Executive Director, hearing examiners, housing dounselors
and legal staff, may be nece5spry to. perform its function efFic ently in order to fulfill the
purpose of Except for th�.el�cted nor appoir�#ed �o�rd.11/iember�.ai�d the
Executive Director, Board ire within the cl0ssified civil service of the
City. The Bord shallappoint Oh:Exotuti.ve Ditector to 'administer and supec00e the exercise
of its powers and duties who shall be directly responsible to tho Board.
(e) B.00rd. Le.t:aLV .ork: Legal staff hired by the Board shah represent and advise the
Board, its Members, and its staff i.n any civil matters, acfi mr��, or proceedings in which the
hoard, its �111�r� bars, or its sfi4in or by of theiroffc 41capacity, ire 0o06e.rn.d•or are
a pasty. The Board may, in its sole discretion, and withou# approval of the City council, retain
private a#0n0.ys 0. furnish Iogal advice or cppre$erktoitors. in :pprtioular r iiwters, actions er. pro eding. •
(f) Contrac4s <and ,.Purchase, The Board shall procure goods <and services as do
other City agencies wing existing support services within the City as would any other
department, i.e. Finance, Information Technology, ar�d Public Works among others., -provided,
however that the Board shall fitove sole and final authority to employ a#lornpys, legislativ
lobbyists,Other and Other professionals, and to approve Contracts for such professional services.
(g) info ,'n. -e+-t'-•:ns: If any portion ofthis Ordinance is declared. invalid or
unenforceable by decisioni of a courtof competent jurisdiction or tendered invalid or:.
unenforceable by state .or.#ederpil legislation, tMe Beard and not the City Council shall have
authority to enact replacement regula#ions consistent with the intent and purpose of the
invalidated provision and applicable law. such replacementregLilations shall supersede
invalidated or unenforceable provisions of thBsOrtlinance to the extent necessary#o resolve
any inconsistency. The subject matter of such .replacement regulations shall be limited to
rent control matters as enumerated in this Ordinan�e.
(h) Re orfiin nand Fie � rnent Re ui ements;
Page 14 of 22
(1) Within sixty (60) days after theOption of.this Ordinance, �iI Landlords
shall be required to fle a copy of all rental increase notices,•change pf termsof
' tenancy 0.nd tenancy termination notices with the Board before, serving the
tenant the. .notice, ), .roof Of service with time. and date of service of_noiice shall
be induded with notioe filed withthe City.
(2) if #he,Board, after the Landlord has proper notice Viand after a hearing,
determines that a Landlord has willfully .and knowingly failed to properly report, as
described above, any rental increase notice, charge of terms ofi tenancy or
tenancy termination, or. pay the Rental Housing fee, the Board may authorize the
Tenant of such a non -reporting or fee paid Unit to withhold all or a portion of the
Rent for the Rehtal 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 hail 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 Landlord who has failOd 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 Board,
(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) E.stabl.sjirnent.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 Orthnance. 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 first date that Rent was charged following the
date of the Publishing of this Ordinance1 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 7(c).
(b) Partin : As soon 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 Rental
Units. The Board may require that other information it deems relevant also be posted.
(0) Annpal G.eer?Ldjustmeflt 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 Adjustment in the month of September each year.
Page 15 of 22
(�) The Annual General Ad] ustmer
percent of the percentage increase
Urban ConsumersH) US City Avera
in., that may la#er -� adopfie
reported end published by the
•Statistks,f�r the i2mcr:th p4110,+
sum�r P:rlc�-l.ndex`{C,.rp (1:00.4)/9)
P17.0 ("All
successor c�esigha�ion of that
ureau of labor Statistics) �s
meet of Labor, Breau :Of Labor
as of March of the current year.
(2) Subparagraph 1 of this Subsection notwithstanding, in no event shall the
Annual General Adjustment be more than five percent (5%).
(3) Subparagraph 1 of this Subsection rtotwi#hstandir g, in ho event shall the
Annual General Adjustment be lest than zero percent (Cob).
(4) For the petipd betweeh the effective date of this Ord nance and the first
Annual General Adjustment announced September the landlord May
increase the Maximum Allowable Rent to include. one Annual General
Adjustment for September 201 8. This is .the only tim when a landlord may
impose an increase that the. landlOrd iailed to do „
0.) � iti �-, s. Upon receipt of a Petition by a Landlord and/or a tie MaximumAllowable F�ent of ��div du�f Cc�r firolled ROnt�il Unity rriay be adjustedTe.nnt, upward or
downward in Occordamce with the procedores:setforth elsewhere this S;ecfiion. ihe
petition shall' be on the form provided by the Board and shall include a declaration by the
Landlord that the. Renta1 lJnit meets all requirernOnts Othip -ONinanc6. fVotuvi#hstanding
any other provision Of this Section, the Board or hearing examiner tray refu0 to hoed a
hearing and/or grant a Rend adjustment 9f an individual hearing has been held and
decision made with regard to the Maximum AlloWable Rent within the prtvious twelve
(12) months.
(e) Hearin a°ocpdaare: The Board shill enact rules and regulations governing
hearings ar�d qpp�0.1� of individual adjustment iof NBaXimurn AIlvwabl.e Rerlfis Which shall
include the f�fl�wing:
(1) flearJng Examiner. 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) [�Qt cam. 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). Dme.ofHearin_g. 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 of
cause to believe the Board's current informa.Qfl. does not.rpfipcf the current
condition of the Controlled Rental Unfit. The Tenant may reques# the hearing
examiner to order such an inspection pricir. to the date of the hearing. All
dcuments required under this Section.: shall _be made availably to the parties
involved .prior to the hearing at the office oftihe Board. In uses where
information filed in a petition fog MaximWm AIlowale Rent adjustment or in
additional submissions fled.at the request of the hearing examiner is inadequate
or false, no action shelf be taken on said petition until the deficiency is remedied.
(5) QpenJ±ai1ngs., All Maximum Allowable Rent adjustment hearings shall
be open to the poblic.
(6) Eight of Assistance, 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) Hearing liThe 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 part 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 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; all
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) Q.jiturnpf Proof and Nqce of Dec6sio11. No individual adjustment
shall be granted unless supported by the preponderancy of the evidence
submitted at the tearing, 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) ConsolldaUon. 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) A • •_dal. 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) Finality ofi_Dec sion. The decision of the hearing examiner shall 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 shall 'not =kie stayed penning appeal; however,
in the event that the Rent Board on appeal reverses or modifies the decision of
the hearing examiner, the Landlord, in the case of an u adjuStrnent in
Rent; •or the- Teriartt, the case of a downward adjustment' oaf Rent, shall be
ordered to make retroactive payments to restore the parties to'the position they
would have occupied had the h.aar.ing.exarr.nE.r's decision been the same as
that of the.B�ard.
(4) - Ilrnorecjs:ion. The rules and regulations adopted by the Board
shall provide for final action on any individual Rent adjustment petition within a
reasonable time.
(A) Decisions decreasing Rents shall remain in effect until the Board finds
that the Landlord has corrected the defect warranting the decrease.
The hoard shall, by regulation, establish procedures for making
prompt compliance determinations. Upon a determination of
compliance the Landtord. shall .be entitled to reinstatement of the prior
Rent level, retroactive to the date that the Landlord corrected the
defett which warranted the decrease.
(B) This shall be in compliance with California CM Procedure Section
1942e4. If the Landlord is found to be in violation of California Civil
Procedure Section i9424, then no rent shall be charged for the
period during which the Landlord was in violation.
(a) individua Ad ust ents R•.:nt Increase: In making individual adjustments of the
Annual Adjustable e Board shall consider the purposes of this Ordinance
and the requirements of law. In making 'an indiv.idual downward adjustment, the Board may
consador decreases in living space, furniture, furni�h��g�, e�ttipm�r�t, o� sqr*es; stabstantiai
deterioration of the Controlled Renta Unit other than a `a result Qf ordinary wear and tear; or
failure on the part of the Landlord to provide adequate Housing Services or to comply
subsfiantiaEiy with applicable housing, health and safety codes.
(b) The landlord may not charge for utilities unless the utility is separately or
individually metered.
(c) Landlords' have the rig1tto a. Fair ,Fetum_ontheir investijient: 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 degreases 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 firom Qrdinm
ary repair, �epi�eeen#,.and maintenances uvhere
such capital improvements are necessary to bring property into. Gompiiance or
mainfiain,compliance wi#h applicable local •cods requirements affecting health and
safety, and where such capital improvement costs ors properl•y amortized over
tie life of the improvement;
(a) 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 other than as a result
of normal wear and tear;
(5) Failure on the part of the landlord 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 Section if the landlord:
(i) Has continued to fail to comply, after order of the Board, with any provisions
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 indMdual 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) Na 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.. Nonw&verabUity.
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 Tenant is
waived, shall be deemed to be against public policy and shall be void.
Sec. 9. Judicial Review.
Page 19 of 22
A Landlord or Tenant aggreveby any action or decision of the Rent Board may
seek judicial review by appealhrig to the appropriate .court within the :jurisdiction. No
action or decision by the Board shall go into effect until thirty (30) clays have expired to
` allow for such appeal.
Sec. 10. Iernedies.
(a) Any Landlord vuho demands, accepts, receivps, ar retains any poyment of Dent in
excess of the maurmurO lawful Rent, ih violation of the 07.ov15ions of this Ordinance or any
ruie, regulation or ardor hereunder promulgated, including the proosians ensuring
compliance with habitability standards registration fee req*ernen#s, shall be liable in
a civil action to.fihe Tenant from whom such payments ire -demanded., accepted, received
or r6tairied, 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) question of an amount equal to
the payment or payments demanded, accepted, received or retained
exceeds the maximum lawful Rent shall be awarded against the Landlord
upon a showing of overcharge;
(3) Reasonable attorney°s fees and costs as determinpd by the court; and
(4) If it is fou.nd, by a preponderance of the evidence, that the Landlord has
acted willfoIBy or with oppees$ion, fraud or maEice, the court may award
general Ohd speci8l damages, including 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 actim, a Tenant may file an administrative complaint. the
Rent Board shell establish by rule and regulation a hearing procedure similar to that set
forth in Section 7(e).
(z} The rules and regulations adopted by the.Board shalt provide for final Rent
Board action on any complaint for excess Rent within one -hundred twenty (120)
days following the date of flUng of the complaint.
(2) In any administrative hearing under this Section, a Landlord who
demands, accepfip, receives or retains any payment of Rent in exces$ of the
maximum lawful Rent shAll be liable for damages in #heiarnount by which the
payment or payments demanded, accepted, received or retained exceeds the
maximum lawful Rent.. Additionally, the tenant wild 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 artier authorizing Rent withholding under
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this Ordinance shall survive the sale ar'oth.er transfer ofi the Property -and shall be
binding upon successors of the Landlord againsf wham the order was made. if a
Tenant authorized to withheld Rent under this Ordinance vacates tie Property,
the Landlord sha{1 pay to such Tenant ai 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'lO(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 hoard has made 'a settlement or brought action. In the event the Board
settles said claim, it shall be entitled to retain the costs it incurred in settlement thereof,
and the Tenant against whom the violation his 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.
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 he liberally construed to achieve the purposes of this Ordinance and to
preserve its validity.
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 eating
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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 Ordinance to
give evidence of its adoption by the voters.
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