Ordinance No. 925
25 of 48
B. Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation.
C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the county jail for a period of not more than six (6) months, or by both.
D. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord’s failure to comply with the provisions of this Chapter in any action by a Landlord to recover possession of a Rental Unit.
E. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.
F. The above remedies are not exclusive and do not preclude the City or any Tenant from seeking other remedies or penalties provided by applicable law.
5.62.150. Waiver. Any waiver of rights under this Chapter shall be void as contrary to public policy.
5.62.160. Severability. If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.
SECTION 3. Chapter 5.63 of Title 5 of the Bell Gardens Municipal Code is hereby added to read as follows:
Chapter 5.63
Ordinance No. 925
26 of 48
TENANT EVICTION PROTECTIONS
Sections:
5.63.010 Purpose and Applicability
5.63.020 Definitions
5.63.030 Termination of Tenancy
5.63.040 Relocation Assistance
5.63.050 Tenant Buyout Agreements
5.63.060 Retaliatory Eviction and Anti-Harassment
5.63.070 Notices to Tenants
5.63.080 Enforcement
5.63.090 Administrative Citations
5.63.100 Remedies
5.63.110 Waiver
5.63.120 Severability
5.63.010. Purpose and Applicability.
A. The purpose of this Chapter is to reasonably regulate just cause evictions so as to be more protective than Civil Code section 1946.2.
B. This Chapter shall apply to any Tenancy after at least one Tenant has continuously and lawfully occupied a Rental Unit for twelve (12) months or more.
C. This Chapter regulates evictions for certain tenancies. It requires landlords to provide relocation assistance for certain no-fault evictions, prohibits retaliation and harassment, and provides for the implementation and enforcement of this Chapter.
5.63.020. Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply.
Ordinance No. 925
27 of 48
A. “Buyout Agreement" means a written agreement between a Landlord and a Tenant as provided in Section 5.63.050 by which a Tenant, typically in consideration for monetary payment, agrees to vacate a Rental Unit.
B. “City” means the City of Bell Gardens.
C. “Code” means the City of Bell Gardens Municipal Code.
D. "Department" means the Community and Economic Development Department of the City of Bell Gardens, or other Department designated by the City Council to administer the provisions of this Chapter.
E. “Director” means the Director of the Department, or their designee.
F. “Ellis Act” means California Government Code sections 7060 - 7060.7.
G. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building in which a Rental Unit is contained.
H. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing.
I. “Landlord’s Family Member” means a spouse, domestic partner, child, grandchild, parent, or grandparent of a Landlord who is a natural person whose name is on the title of the property.
J. “Mobilehome” means any mobilehome as defined under California Civil Code Section 798.3.
Ordinance No. 925
28 of 48
K. “Mobilehome Park” means an area of land located where two or more Mobilehome spaces are rented or leased out for Mobilehomes used as residences.
L. “Rent” means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit or Mobilehome Park space located in the jurisdictional boundaries of the City of Bell Gardens, including Tenant's access to and use of Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. Rent does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to this Chapter.
M. “Rental Agreement” means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related Housing Services.
N. “Rental Unit” means any dwelling unit, as defined under California Civil Code section 1940 subsection (c) located in the jurisdictional boundaries of the City of Bell Gardens and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including Mobilehomes rented by the owner of the Mobilehome, and accessory dwelling units.
O. “Residential Real Property” includes any parcel of land containing one or more dwelling units intended for human habitation.
P. “Tenancy” means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.
Q. “Tenant” means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.
5.63.030. Termination of Tenancy.
Ordinance No. 925
29 of 48
A. No Landlord shall terminate a Tenancy of an occupied Rental Unit after a Tenant has continuously and lawfully occupied the Rental Unit for twelve (12) months or more unless the Landlord can demonstrate either a For Cause or No-Fault termination.
B. When terminating a Tenancy either For Cause or No-Fault, a Landlord must comply with all of the following:
1. The Landlord must serve a written notice to the Tenant in accordance with California Civil Code sections 1946 through 1946.5 that states the Landlord will terminate the Tenancy, indicates at least one For Cause or No-Fault reason for termination in reasonable detail, and includes any other information required by federal or State law; and
2. The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Rental Unit beyond the term of the terminated Tenancy in compliance with California Civil Code sections 1945 through 1946.5; and
3. The Landlord qualifies the termination as For Cause or No-Fault, as specified in this Section; and
4. If the termination is a No Fault termination, the Landlord has provided the Tenant with the notice of relocation assistance required by Section
5.63.040.
5. The Landlord has submitted to the Department, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Landlord's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant. The Landlord shall maintain proof of service to the Department as evidence that the Landlord has complied with this Section.
C. For Cause Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Rental Unit, the termination qualifies as a For Cause Termination.
Ordinance No. 925
30 of 48
1. Failure to Pay Rent. Tenant failed to pay Rent within three (3) days of written notice being served on Tenant by Landlord demanding payment as provided in paragraph (2) of California Code of Civil Procedure Section 1161.
2. Violation of Material Term of Rental Agreement. Tenant has continued to violate a material term of the Rental Agreement as provided in California Code of Civil Procedure section 1161 subdivision (3), after written notice to cease, and did not cure such violation within ten (10) days after receiving written notice from the Landlord of such violation.
3. Waste. A Tenant committed waste as described in California Code of Civil Procedure section 1161 subdivision (4).
4. Nuisance or Illegal Purpose. Tenant has maintained, committed, or permitted the maintenance or commission of a nuisance or used the Rental Unit for an illegal purpose as provided in California Code of Civil Procedure section 1161 subdivision (4) including:
a. Any crime or act of violence committed by a Tenant of a Rental Unit which involves use of a gun or a deadly weapon, or inflicts serious bodily injury and for which a police report has been filed; b. Any threat of violent crime or violence, which includes any statement made by a Tenant, or at the Tenant's request, by the Tenant's agent, to any person who is on the property where the Rental Unit is located, threatening to commit a crime or violence which will result in death or serious bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety; or
Ordinance No. 925
31 of 48
c.Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages the unit beyond normal wear and tear and that condition has not been promptly abated or repaired after written notice to the Tenant from the Landlord and the passage of a reasonable cure period.
It shall be an affirmative defense to an action for possession of a Rental Unit under this Subsection 5.63.030.E.4 if a court determines that: (i) The Tenant or the Tenant's household member is a victim of an act or acts that constitute domestic violence or sexual assault or stalking; and (ii) The notice of For Cause termination is substantially based upon the act or acts constituting domestic violence or sexual assault or stalking against the Tenant or a Tenant's household member, including but not limited to an action for possession based on complaints of noise, disturbances, or repeated presence of police.
5. Failure to Sign Substantially Similar Lease. The Tenant has refused to execute a written extension or renewal of a Rental Agreement upon expiration of a prior Rental Agreement, after written request or demand from the Landlord, but only if the provisions are substantially similar and the additional term is of similar duration to the prior written Rental Agreement, and is consistent with federal, State, and local laws. For purposes of this Subsection, the Landlord's written request or demand must be received no later than sixty (60) days before final day of Tenancy of the prior Rental Agreement.
6. Assignment or Subletting in Violation of Lease. The Tenant has assigned or sublet the Rental Unit in violation of the Rental Agreement, as provided in California Code of Civil Procedure section 1161(4).
7. Refuse Access. Tenant has continued to refuse, after Landlord has provided a written request, reasonable access to the Rental Unit by the Landlord for the purpose of making necessary repairs or improvements in
Ordinance No. 925
32 of 48
accordance with California Civil Code Sections 1101.5 and 1954 and California Health and Safety Code Sections 13113.7 and 17926.1.
8. Failure to Vacate After Termination of Employment. Tenant was employed by the Landlord to serve as a resident manager or other employee, was provided with the Rental Unit as part of or as a condition of the employment and the employment has been terminated. This provision shall not apply to any Tenant whose Tenancy in the building or complex housing the Rental Unit commenced prior to assuming managerial responsibilities or whose status as a Tenant commenced prior to their status as a resident manager.
9. Failure to Vacate After Termination of Lease. A Tenant's failure to timely deliver possession of the Rental Unit after: (i) providing the Landlord written notice as provided in Civil Code section 1946 of the Tenant's intention to terminate a lease; or (ii) making a written offer to surrender, that is accepted in writing by the Landlord, but the time specified in that written notice as described in Code of Civil Procedure section 1161(5) has expired.
D. No-Fault Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Rental Unit, the termination qualifies as a No-Fault termination.
1. A Landlord seeks in good faith to recover possession in order to imminently:
a. Demolish the Rental Unit
b. Withdraw the Rental Unit permanently from rental housing use pursuant to the Ellis Act and other applicable State laws.
2. A Landlord seeks in good faith to recover possession of a Rental Unit for the use and occupancy by Landlord or Landlord's Family Member as the principal residence. Said Rental Unit must be occupied as the principal residence within ninety (90) days of the Tenant household vacating the Rental Unit, and the Rental Unit must continue to be occupied as the principal residence of Landlord or Landlord’s Family Member for at least three (3) years, unless extenuating circumstances exist.
Ordinance No. 925
33 of 48
a. If the Rental Agreement was entered into on or after the effective date of this Chapter, this Subsection 5.63.030.D.2 shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the Rental Agreement allows the Landlord to terminate the Rental Agreement if the Landlord, or Landlord’s Family Member unilaterally decides to occupy the Rental Unit.
b. A Landlord must provide the Tenant sixty (60) days' written notice that the Landlord intends to terminate the Tenancy.
c. Owner-Occupancy Disclosure.
i. Not less than sixty (60) days prior to the final date of the Tenancy, in addition to any notice required by California Civil Code section 827, the Landlord must disclose to the
Department the name(s) of the eligible individual(s) who will occupy the Rental Unit, and the relationship of said
individual(s) to the Landlord.
ii. The Department may contact Landlord during the three (3) year occupancy time frame to confirm that the Landlord or Landlord's Family Member resides in the recovered Rental Unit(s), and may obtain written verification of residency. d. A Landlord may not terminate a Tenancy under this Section if any of the following apply, unless the Landlord or Landlord's Family Member who will reside in the Dwelling Unit is similarly situated as the Tenant or Tenant's household members who are being
displaced:
i. any Tenant in the Rental Unit has continuously resided in the Rental Unit for at least five (5) years, and a member of Tenant's household is either: (i) 62 years of age or older; or (ii) disabled as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section
50072 of the California Health and Safety Code;
Ordinance No. 925
34 of 48
ii. any Tenant in the Rental Unit or member of Tenant's household is terminally ill as certified by a treating physician licensed to practice in the State of California; or
iii. any Tenant in the Rental Unit is a low-income tenant (low- income tenant means a household whose income does not
exceed the qualifying limits for lower income families as established and amended from time to time pursuant to
Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code
Section 50079.5).
e. Tenant's Right of First Return.
i. If a Landlord or Landlord's Family Member ceases occupation of the Rental Unit within three (3) years after the final date of Tenancy, the Tenant of a Rental Unit is entitled to receive notice of the first right to return to rent the same unit at the Rent previously charged plus any annual Rent increases
allowed under Chapter 5.62 of the Code.
ii. Nothing in this Section shall be construed to relieve the Landlord of the obligation to directly contact the former Tenant and to advise the Tenant that the recovered Rental Unit will again be offered for Rent.
3. A Landlord seeks in good faith to recover possession to comply with any of the following: (i) An order issued by a government agency or court relating to habitability that necessitates vacating the Rental Unit; (ii) An order issued by a government agency or court to vacate the Rental Unit; or (iii) A local ordinance that necessitates vacating the Rental Unit. If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or for the need to vacate under this Subsection, the Tenant shall not be entitled to relocation assistance.
E. All No-Fault terminations of Tenancy are eligible for relocation assistance.
Ordinance No. 925
35 of 48
5.63.040. Relocation Assistance.
A. Permanent Relocation Assistance. When relocation assistance must be paid to Tenants who are evicted from their Rental Unit pursuant to Section 5.63.030, the Landlord must make the relocation assistance payment in accordance with this Section. The Landlord must provide written notice to the Tenant of the Tenant's entitlement to permanent relocation assistance at the same time the Landlord serves a notice of termination of Tenancy.
1. The Landlord shall pay a relocation assistance amount equal to three (3) times the Tenant's monthly Rent in effect when the Landlord served the notice to terminate the tenancy.
2. If any Tenant residing in the Rental Unit from which the Tenants are to be displaced includes a Qualified Tenant, then all Tenants living in the Rental Unit are collectively entitled to additional relocation assistance as follows:
a. The Landlord shall pay an additional relocation assistance amount equal to one (1) times the Tenant's monthly Rent in effect when the Landlord served the notice to terminate the tenancy.
b. For purposes of this Subsection, Qualified Tenant means any Tenant who:
i. Is sixty-two (62) years of age or older, disabled, as defined in Section 12955.3 of the California Government Code or
handicapped as defined in Section 50072 of the California Health and Safety Code;
ii. Has one or more dependent children under the age of eighteen (18) residing in the Rental Unit;
iii. Meets the income limits for a “lower-income household” as defined in California Health and Safety Code section 50079.5; or
iv. Has continuously resided in the Rental Unit for five (5) years or more.
Ordinance No. 925
36 of 48
The Tenant shall notify Landlord within ten (10) days of receiving the termination of tenancy notice, if any of the Tenants living in the Rental Unit from which the Tenants are to be displaced includes a Qualified Tenant, along with any reasonable proof of eligibility.
3. Permanent relocation assistance payments must be paid directly to the Tenant.
a. If a Rental Unit is occupied by two (2) or more Tenants, then each Tenant of the Rental Unit shall be paid a pro-rate share of the relocation assistance payment.
b. Landlord shall pay one-half of the relocation assistance due no later than fifteen (15) days following service of the termination of tenancy and the balance due no later than five (5) business days after the Tenant has vacated the Rental Unit. If a Tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided pursuant to this Chapter shall be recoverable as damages in an action to recover possession.
B. Temporary Relocation Assistance. A Landlord must provide temporary relocation assistance to Tenants of a Rental Unit who are temporarily displaced due to repairs, rehabilitation of a Rental Unit, health and safety violations, or other work or activities that will make the Rental Unit an untenantable dwelling, as defined in California Civil Code Section 1941.1, or will expose the Tenant to toxic or hazardous materials, or that cannot otherwise be completed while the Tenant remains in the Rental Unit.
1. Thirty (30) Days or Less. A Landlord must provide the Tenant a per-diem payment if the Tenant will be temporarily displaced for thirty (30) days or less.
2. Thirty-One (31) Days or More. A Landlord must provide the Tenant either a per-diem payment or comparable temporary accommodations, if available.
Ordinance No. 925
37 of 48
3. Per-Diem Payment.
a. Per-diem payment will be based on the Federal General Services Administration per-diem rate for lodging in the County of Los Angeles, which is updated on a yearly basis, unless otherwise agreed upon by the Landlord and Tenant, and may include any applicable transient occupancy taxes.
b. Upon mutual agreement by the Landlord and Tenant, per-diem payments may be paid directly to the Tenant, or in the event of a hotel, motel or short-term rental accommodations, directly to the hotel, motel or short-term rental.
4. Temporary Relocation Assistance payments will be made on a pro-rata basis to the eligible Tenant household.
5. Temporary Hotel or Motel Accommodation. If relocation is to a hotel or motel, the Landlord must provide a hotel or motel accommodation which is safe, sanitary, and unless otherwise agreed upon by the Landlord and Tenant, within a reasonable distance of the Tenant's Rental Unit.
6. The temporary displacement and relocation of a Tenant pursuant to this Section 5.63.040.B shall not terminate the Tenancy of the displaced Tenant.
The displaced Tenant shall have the right to reoccupy his or her Rental Unit upon the completion of the work necessary for the Rental Unit to comply with housing, health, building or safety laws or any government order and the Tenant shall retain all rights of Tenancy that existed prior to the displacement.
7. Nothing in this Section 5.63.040.B shall be construed as authorizing a Landlord to require a Tenant to vacate a unit, except as permitted under federal, state, or local law.
C. No Waiver. A Tenant cannot waive his or her right to receive relocation assistance required by this Chapter.
Ordinance No. 925
38 of 48
D. Any action brought by a Tenant for a violation of this Section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.
5.63.050. Tenant Buyout Agreements.
A. Landlord's Disclosure Prior to Buyout Offer. At the time a proposed buyout agreement is provided, the Landlord shall provide each Tenant in the Rental Unit a written disclosure, on a form approved by the Department, in English and in the Tenant’s primary language if other than English translated at the Landlord's expense, that shall include all of the following:
1. A statement that the Tenant has a right not to enter into buyout negotiations or a buyout agreement;
2. A statement that the Tenant may choose to consult with an attorney before entering into a buyout agreement;
3. A statement that the Tenant may rescind the buyout agreement for up to thirty (30) days after it is fully executed;
4. A statement that the Tenant may contact the Department for information about other buyout agreements in the Tenant's neighborhood and other relevant information;
5. Any other information required by the Department consistent with the purpose and provisions of this Section; and
6. A space for each Tenant to sign and write the date the Landlord provided the Tenant with the disclosure.
B. Requirement for Buyout Agreements. The buyout agreement shall:
1. Be in writing in English and the language in which the buyout agreement was negotiated if other than English translated at the Landlord's expense.
The Landlord shall give each Tenant a copy of the proposed buyout agreement at least forty-five (45) days before it is executed by the parties.
2. Include the following statement in bold letters in at least 12-point boldface type in close proximity to the space reserved for the signature of the Tenant:
Ordinance No. 925
39 of 48
a. "You may cancel this buyout agreement in writing at any time before the thirtieth (30th) day after all parties have signed this buyout agreement."
b. "You have a right not to enter into a buyout agreement." c. "You may choose to consult with an attorney before signing this buyout agreement. The City of Bell Gardens Community
Development Department may also have information about other buyout agreements in your neighborhood."
C. Rescission of Buyout Agreement. A Tenant shall have the right to rescind a buyout agreement for up to thirty (30) days after its execution by all parties. In order to rescind a buyout agreement, the Tenant must hand-deliver, email, or send by certified mail return receipt requested, a statement to the Landlord indicating that the Tenant has rescinded the buyout agreement.
D. Filing of Buyout Agreement and Disclosure Notice. The Landlord shall provide the Tenant a copy of the fully executed buyout agreement within ten (10) days of execution. Landlord shall also file with the Department a copy of the executed buyout agreement, along with proof of service to the Tenant of the disclosure notice as required in this Section, within ten (10) days after the buyout agreement is executed by all parties.
5.63.060. Retaliatory Eviction and Anti-Harassment.
A. Retaliatory Eviction.
1. No Landlord may terminate a Tenancy or refuse to renew a Tenancy or otherwise cause a Tenant to vacate a Rental Unit, if the Landlord’s intent in termination of the Tenancy or refusal to renew the Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent.
2. A Tenant may assert retaliation affirmatively or as a defense to the Landlord's action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Chapter and the alleged act of retaliation.
Ordinance No. 925
40 of 48
3. Retaliation against a Tenant because of the Tenant's exercise of rights under this Chapter is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Chapter in evaluating a claim of retaliation.
B. Anti-Harassment. No Landlord, or any person, acting as a principal or agent, offering a Rental Unit for Rent, or any contractor, subcontractor or employee of the Landlord shall, with respect to property used as a Rental Unit under any Rental Agreement or other lawful Tenancy, do any of the following:
1. Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, or local housing, health, or safety laws, or threaten to do so, or violate California Civil Code sections 789.3 and 1940.2;
2. Do any of the actions in bad faith:
a. Fail to perform repairs and maintenance required by Rental Agreement or by federal, State, or local laws;
b. Fail to exercise due diligence in completing repairs and maintenance once undertaken;
c. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
d. Conduct elective renovation or construction of Rental Unit for the purpose of harassing a Tenant;
e. Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit;
f. Refuse to cash or process a rent check or other form of acceptable Rent payment for over thirty (30) days after it is tendered; g. Fail to maintain a current address, in addition to any electronic payment methods, for delivery of Rent payments;
Ordinance No. 925
41 of 48
h. Request information that violates a Tenant's right to privacy, including, but not limited to, residency or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of determining the Tenant’s qualifications for a Tenancy;
i. Release information protected by the Tenant's right to privacy except as required or authorized by law; or
j. Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable accommodation.
3. Abuse the right of access into a Rental Unit as established by California Civil Code section 1954 or other applicable law. This includes, but is not limited to, entries for inspections that are not related to necessary repairs or services; entries that are unreasonable in frequency or duration; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry.
4. Influence or attempt to influence a Tenant to vacate a Rental Unit through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security.
5. Threaten the Tenant, by word or gesture, with physical harm, or repeatedly mistreat an occupant of a Rental Unit during in-person conversations, through social media postings or messages, or other communications, with language, verbal or written, that a reasonable person would consider likely to cause fear or provoke an immediate violent reaction.
6. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income.
Ordinance No. 925
42 of 48
7. Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Rental Unit based upon facts which the Landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Landlord. No Landlord shall be liable under this Subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action.
8. Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy.
9. Provide false written or verbal information regarding any federal, State, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice.
10. Offer payments to:
a. A Tenant to vacate, including a Buyout Agreement offer, more frequently than once every six (6) months, after the Tenant has notified the Landlord in writing that the Tenant does not desire to receive further offers of payments to vacate.
b. Attempt to coerce the Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.
11. Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law.
12. Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation to such occupancy.
Ordinance No. 925
43 of 48
13. Interfere with the right of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Agreement; or distribute and post literature in common areas, including lobby areas and bulletin boards, informing other Tenants of their rights and of opportunities to involve themselves in organized tenant activities.
C. Remedies and Penalties. For the purposes of this Section
1. If any Landlord or any person, acting as a principal or agent, offering a Rental Unit for rent, or any contractor, subcontractor, or employee of the Landlord violates the terms of this Section, an aggrieved Tenant may institute a civil action, as allowed under Section 5.63.100, for injunctive relief, direct money damages, and any other relief that the court deems appropriate.
2. The above remedies are not exclusive and do not preclude any Tenant from seeking other remedies or penalties provided by this Chapter or applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.
5.63.070. Notices to Tenants.
A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of agreeing to rent or lease a Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances.
1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;
2. When renewing a Rental Agreement; and
Ordinance No. 925
44 of 48
B. If the Rental Agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights in English and the language in which the Rental Agreement was negotiated or written.
5.63.080. Enforcement.
A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.
B. The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter.
5.63.090. Administrative Citations.
A. Administrative Citation. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an administrative fine as set in a schedule of fines adopted by resolution by the city council as provided in Chapter 1.16 of the Code.
B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense for which an administrative fine may be imposed. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.
C. Notices of Violation and Administrative Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, the Department may issue notices of violation and administrative fine in accordance with the authority and procedures set forth in Chapter 1.16 of the Code.
D. Administrative Appeals and Judicial Review.
1. Administrative Appeal. Any Landlord or Tenant who receives a notice of administrative fine may request an administrative hearing before a hearing officer in accordance with Chapter 1.16 of the Code.
Ordinance No. 925
45 of 48
2. Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance Chapter 1.16 of the Code.
5.63.100. Remedies.
A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.
B. Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation.
C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the county jail for a period of not more than six (6) months, or by both.
D. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord’s failure to comply with the provisions of this Chapter in any action by a Landlord to recover possession of a Rental Unit.
E. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.
F. The above remedies are not exclusive and do not preclude the City or any Tenant from seeking other remedies or penalties provided by applicable law.
Ordinance No. 925
46 of 48
5.63.110. Waiver. Any waiver of rights under this Chapter shall be void as contrary to public policy.
5.63.120. Severability. If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.
SECTION 4. Inconsistent Provisions. Any provision of the Bell Gardens Municipal Code or appendices thereto that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Interim Ordinance.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.
SECTION 6. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.
Ordinance No. 925
47 of 48
SECTION 7. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law.
This Ordinance shall become effective thirty (30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED this 12th day of September 2022.
THE CITY OF BELL GARDENS
________________________________
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Rick Olivarez Daisy Gomez
City Attorney City Clerk
APPENDIX B – SURVEY OF RENT STABILIZATION PROGRAMS
Survey of Rent Stabilization Programs
Jurisdiction
Approved
By
Ordinance
Effective Date
Population
(2020
Census)
Rent Review
Board/
Committee
Rental
Registration
Required
Rental
Registration Fee
Alameda City City Council 9/1/19 78,280 Rent Review
Advisory
Committee
Required $155/fully regulated
units; $105/partially
regulated units;
$0/rental units occupied
by subsidized tenants
Baldwin Park City Council 12/4/19 effective
1/3/20.
72,176 None Required $28/unit
Berkeley Voter Rent Stabilization
6/3/80; Tenant
Buyout 3/14/17. ADU
Clarification,
Emergency Exemption
11/3/20.
124,321 Rent Stabilization
Board
Required $250/full regulated unit;
$150/partially regulated
units; $37/subsized unit;
$70/summer
sorority/fraternity
outside member rental
unit
Culver City City Council Mediation: 5/11/19.
Rent Control and
Tenant Protections,
10/30/20.
40,799 None Required $167/unit
East Palo Alto City Council Tenant Protections
5/6/14; Rent
Stabilization
06/08/2010. Last
amended 11/8/16.
30,034 Rent Stabilization
Board
Required $222/non-exempt unit
Hayward City Council 6/25/19 effective
7/25/19.
162,954 None Not Required Complaint Based Fees
$40/residential covered
rental unit,
$19/residential rental
unit
Inglewood City Council 5/19/2011 107,762 Rental Housing Board
Required $206/unit
$92/unit Section 8
Los Angeles City City Council 4/21/79. Last
amended 5/20.
3,898,747 Rental Housing
Oversight
Commission
Required $38.75/unit
Oakland City Council 10/7/80. Last
amended 6/4/2019.
440,646 Residential Rent
and Relocation
Board
Required $101/unit
Richmond Voter Fair Rent adopted
11/08/16. Relocation
adopted 12/20/16,
effective 01/2017.
116,448 Rent Board Required $218/unit fully covered,
$123/unit partially
covered and
govermentally subsidized
San Francisco Board of
Supervisors
6/79. Last amended
12/19.
873,965 Rent Board Required $59.00/apartment unit,
$29.50/residential hotel
room
Santa Ana City Council 10/19/2021 310,227 TBD TBD $100/unit Santa Monica Voter Charter: 4/10/79. Last
amended 2010.
Tenant Relocation:
2/27/90 last amended
3/28/17.Tenant
Harassment:
10/10/95 last
amended 01/13/15.
93,076 Rent Control
Board
Required $198/unit
Unincorporated Los
Angeles County
Board of
Supervisors
Effective 04/1/20.1,057,162 Rental Housing
Oversight
Commission
Required Before 4/22 - Free, May -
Sept 2022 - $90/fully
covered units
West Hollywood City Council 6/27/85. Last
amended 12/2019.
35,757 Rent Stabilization
Commission
Required $144/unit full
$60/unit partial
APPENDIX C – RENT STABILIZATION POLICIES OF CALIFORNIA CITIES - 2023
Rent Stabilization Policies of California Cities - 2023 Municipality Restriction Ordinance
Alameda Landlords are limited to the base rent charged as of 9/1/19 plus the Annual General Adjustment (AGA). For tenancies beginning after 9/1/19, the base rent is the initial rent amount. The AGA is calculated using 70% of the regional Consumer Price Index (CPI), with a 1% floor and 5% ceiling. Each year in May the Program Administrator announces the AGA effective September 1st. A Landlord who does not increase rent by the full amount allowed annually can "bank" the unused portion and impose it in a later year. A new AGA of 3.5% went into effect on September 1, 2022. However, special Pandemic "wind-down" rules apply. See the Alameda Rent Program FAQ.
Alameda,
California
Code of
Ordinances §§
6-58.10 - 6-
58.155
Antioch Effective 7/23/22 landlords may increase rent once every 12 months, limited to 60 percent of the local CPI or 3%, whichever is less. Single-family homes without accessory units,
condominiums and cooperatives are exempt as are units first certified for occupancy after 2/1/95.
Antioch
Municipal
Code Title 11,
Chapter 1. §§
11-1.01 - 11-
1.013. Rent
Stabilization.
Baldwin Park Rent is effectively limited to 5% per 12-month period (based on the Consumer Price Index) of the "base rent ceiling" (rent in effect on 3/5/19, or if none the initial rent charged on the first day of tenancy).
Baldwin Park
Code of
Ordinances
Chapter 11
§§ 129.01 -
129.78
Bell Gardens Rent increases are limited to 50% of the local CPI or 4%, whichever ls less.
Bell Gardens
Municipal
Code
Chapter 5.62,
"Rent
Stabilization",
and Chapter
5.63,
"Tenant
Eviction
Protections".
Berkeley Each January 1st rent ceilings are increased by the Annual General Adjustment (AGA). The AGA is set by October 31 of the preceding year, but has been 65% of the percentage increase of the regional Consumer Price Index (CPI) since 2005. Landlords or tenants may petition for exception.
Berkeley
Municipal
Code §§
13.76.110 -
13.76.120
Beverly Hills Landlord may increase rent once every 12 months, limited to 3% of the current rent, or the regional Consumer Price Index (CPI), whichever is higher.
Beverly Hills
Municipal
Code § 4-6-3
City of
Commerce
Rent increases are expressly subject to the provisions of AB 1482 California Tenant Protections Act (Cal. Civ. Code §§ 1946.2 and 1947.12).
City of
Commerce
Municipal
Code §§
19.40.010 -
19.40.090
Municipality Restriction Ordinance
Culver City The rent as of 10/30/20 on then-existing tenancies, or the initial rent charged on tenancies beginning thereafter, is the "base rate" from which increases are calculated. Increases are limited per 12-month period to the average annual change in the Consumer Price Index (CPI) with a cap of 5%; if the CPA increase is less than 2%, the cap is 2%. Landlords can petition for an increase above the cap amount. (CCMC § 15.09.215).
Culver City
Municipal
Code §§
15.09.200 -
15.09.270
East Palo Alto Annual rent increases are limited to 80% of the percentage increase in the regional Consumer Price Index (CPI). Overall increase may not exceed 10% in any 12-month period.
East Palo Alto,
California
Code of
Ordinances §§
14.04.040,
14.04.090 -
100
Fairfax Rent increases are limited to 60% of the percentage increase in the regional consumer price index (CPI) annually. Overall increase may not exceed 5% total. The cap is retroactive to 2/2/22.
Fairfax Town
Code
Title 5,
Business.
Chapter 5.55
"Rent
Stabilization
Program" §§
5.55.010-
5.55.120.
"Floating home
marinas"
"Floating home marinas" with five or more floating home berths cannot increase rent by more than 3% plus inflation up to a maximum of 5% per year.
CA Civ. Code §
800.4 et sec.
Gardena Rent increases exceeding 5% are subject to mediation and binding arbitration.
Gardena
Municipal
Code §§
14.04.010 -
14.04.300
Glendale No limit on rent increases, but increases exceeding 7% over any 12 month period may trigger relocation payments if tenants choose to vacate rather than renew.
Glendale
Municipal
Code §§
9.30.10 -
9.30.100
Hayward Rent increases are limited to 5% per year absent exception.
Landlords may "bank" annual increases, but aggregate rent increases cannot exceed 10% in any year.
Hayward
Municipal
Code
§§ 12:1.01 -
12:1.21
Municipality Restriction Ordinance
Inglewood The base rent amount for calculations is the rent in effect on 6/18/19 or the initial rent for tenancies starting thereafter. Only one increase is allowed every 12 months, calculated from the day the increase first takes effect.
For residential properties with five or more units, the maximum increase is 3% or the cost of inflation (whichever is greater), as measured by the local CPI. The increase cannot exceed 10%.
For residential properties with four or less units, the maximum increase is 5% PLUS the cost of inflation as measured by the local CPI. The increase cannot exceed 10%.
Inglewood
Municipal
Code §§ 8-125
- 8-234
Los Angeles Only one rent increase is allowed every 12 months based upon the regional Consumer Price Index (CPI). Effective July 1, 2020, the annual allowable increase is 3%.
Los Angeles
Municipal
Code §§
151.00 -
155.09
Unincorporated
Los Angeles
County
Only one rent increase is allowed annually, based on the change in the regional Consumer Price Index (CPI) up to a total of 8% including pass-throughs and fees.
Los Angeles
County Code
§§ 8.52.010 -
8.52.200
Los Gatos Rent may be increased only once annually and the increase cannot exceed the greater of 5% of existing rent, or 70% of the regional Consumer Price Index (CPI). The landlord can always increase rent with tenant's written consent.
Los Gatos
Town Code §§
14.80.010 -
14.80.315
Mountain View Rents may be raised starting September 1st each year by board- determined amount that is no less than 2%, nor more than 5%, of the existing rent. Landlords may "bank" annual rent increases.
Mountain
View Code of
Ordinances §§
1700 - 1720
Municipality Restriction Ordinance
Oakland Rent may be increased once in any twelve-month period.
Increases are limited based upon the local Consumer Price Index (CPI) or to prior "banked" increases, but cannot exceed 60% of the percentage increase in the CPI for April of that calendar year from April of the immediately preceding calendar year, or 3%, whichever is lower. From 8/1/22 through 7/31/23 the limit is 3%. However, landlords may increase rent up to 5% for each qualifying additional tenant. Owners may also increase the rent when a tenant doesn't use the unit as a principal residence.
Subtenants are also protected from overcharging by primary tenants.
Oakland
Municipal
Code §
8.22.065 et
seq.
Oxnard Rent increases are limited to 4% annually, and one increase in any twelve (12) month period.
Oxnard City
Code §§ 27-21
– 27-23
Palm Springs Only one rent increase is allowed annually, limited to 75% of the increase in the regional Consumer Price Index (CPI). Rent control is permanently removed after the tenant voluntarily vacates or is evicted for cause. As a result, few properties remain subject to rent control.
Palm Springs
Municipal
Code §§
4.02.010 -
4.08.190
Pasadena Only one rent increase is allowed annually, limited to 75% of the increase in the regional Consumer Price Index (CPI).
Pasadena
Municipal
Code §§ 1801-
1824
Richmond Only one increase is allowed annually, limited to the lower of either 60% of the increase in the regional Consumer Price Index (CPI), or 3% of current rent, whichever is lower.
Richmond
Code of
Ordinances §§
11.100.010 -
11.100.130
Sacramento Rent increases cannot exceed 5% plus the percentage of annual increase in the cost-of-living adjustment promulgated by the U.S.
Department of Labor, Bureau of Labor Statistics. The total increase is capped at 10% annually, and only one increase is allowed in any 12-month period.
Sacramento
City Code
§§ 5.156.010 -
5.156.150
San Francisco Annual rent increases are limited to 60% of the regional Consumer Price Index (CPI).
San Francisco
Administrative
Code § 37.3
San Jose The "Annual General Increase" is limited to the monthly rent for the previous 12 months, multiplied by 5% via one annual increase. The Landlord must petition for a higher increase.
San Jose
Municipal
Code
§17.23.310
Municipality Restriction Ordinance
Santa Ana
Rent increase are expressly For buildings build on or before 1/1/95, annual rent increases are limited to the lower of 3% per year, or 80% of the percent change in the Consumer Price Index over the most recent 12-month period. The allowable increase is published no later than June 30 of each year.
Santa Ana
Municipal
Code §§ 8-
1998.1 – 8-
1998.3.
Santa Barbara Rent increase are expressly subject to the provisions of AB 1482 California Tenant Protections Act (Cal. Civ. Code §§ 1946.2 and 1947.12).
Santa Barbara
Municipal
Code §§
26.50.010 -
26.50.070
Santa Monica The Rent Control Board determines each year's increase ("General Adjustment" or GA). The Maximum Allowable Rent (MAR) for any unit is its base rent plus the increase allowed per the annual GA.
In November 2022 voters approved Measure RC, which caps future general adjustments at 3% beginning February 2023, and reduces the MAR to .8% through August 2023 - effectively bringing the 2023 average rent increase to 3%. The city has a helpful webpage for determining allowable increases here.
Santa Monica
City Charter
Amendment
§§ 1800 -
1821
Thousand Oaks Rent control is very limited–it only applies to tenants who have resided in the same unit since 1987.
Thousand
Oaks Rent
Stabilization
Ordinances
Nos. 755-NS,
956-NS, 1284-
NS
West
Hollywood
Rent increases are limited to 75% of the increase in the regional Consumer Price Index (CPI) during the preceding 12 months.
West
Hollywood
Municipal
Code §§
17.36.020 et
seq.
https://www.nolo.com/legal-encyclopedia/california-rent-control-law.html Source: Nolo.com a wholly owned subsidiary of MH Sub I, LLC
APPENDIX D – CULVER CITY RENT STABILIZATION BUDGET
Culver City Rent Stabilization Program
FY 2023-24 Proposed Budget - Summary
City of Culver City
Staff Report
Mike Balkman
Council Chambers
9770 Culver Blvd.
Culver City, CA 90232
(310) 253-5851
File #:23-1087,Version:1 Item #:C-10.
CC - CONSENT ITEM:(1) Receipt of Progress Report on the Status of Implementation of the Rent Control and Tenant Protections Ordinances (“Program”); (2) Approval of an Amendment to the Existing Professional Services Agreement with BAE Urban Economics in an Amount Not-to-Exceed $63,195 for Implementation and Support Services Related to the Program; (3) Approval of an Amendment to the Existing Professional Services Agreement with Tripepi Smith and Associates in an Amount Not-to-Exceed $32,610 for Public Communications Support for the Program; (4) Approval of an Amendment to the Existing Professional Services Agreement with HdL in an Amount Not-to-Exceed $110,000 for Maintenance of the Rental Unit Registration System; and (5) Approval of an Amendment to the Existing Professional Services Agreement with Bet Tzedek in an Amount Not-to-Exceed $148,736 for Legal Services Related to Landlord-Tenant and Other Housing Issues to Culver City Residents.
Meeting Date:June 26, 2023
Contact Person/Dept.:Shannon Louis/Housing and Human Services Phone Number: (310) 948-2268
Fiscal Impact: Yes [X] No []General Fund: Yes [X] No [] Attachments:Yes [] No [X]
Public Notification: ((E-Mail) Meetings and Agendas - City Council (06/22/2023) ; Landlord Tenant Mediation Board (06/13/2023); and Advisory Committee on Housing and Homelessness (06/20/2023) Department Approval:Tevis Barnes, Housing and Human Services Director (06/10/2023) ______________________________________________________________________
RECOMMENDATION
Staff recommends the City Council:
1) Receive a progress report on the status of implementation of the Rent Control and Tenant Protections Ordinances; and,
2) Approve an amendment to the existing professional services agreement with BAE Urban Economics to include the development of guidelines, procedures, and additional materials to implement the processes related to No Fault Evictions with consideration of State SB 8 requirements, finalize a Staff Handbook, and provide ongoing petition, application, and form support in an amount not to exceed $63,195; and,
3) Approve an amendment to the existing professional services agreement with Tripepi Smith andAssociates (TSA) to continue the publiccommunications programfor the Rent Control and City of Culver City Printed on 6/22/2023Page 1 of 5
powered by Legistar™Page 79 of 84381Exhibit 2
File #:23-1087,Version:1 Item #:C-10.
andAssociates (TSA) to continue the publiccommunications programfor the Rent Control and Tenant Protections Ordinances in an amount not-to-exceed $32,610; and, 4) Approve an amendment to the existing professional services agreement with HdL to continue maintenance of the online residential rental registration system and education and compliance services in an amount not-to-exceed $110,000; and,
5) Approve an amendment to the existing professional services agreement with Bet Tzedek to continue providing legal services related to landlord-tenant and other housing issues to Culver City residents in an amount not-to-exceed $148,736.
BACKGROUND
The City’s Rent Control and Tenant Protection Ordinances went into effect on October 30, 2020, permanently establishing rent control and tenant protections in the City (collectively, “Ordinance”). On May 24, 2021, the City Council approved an annual registration fee of $167 per residential rental unit to cover the reasonable costs associated with administering the Rent Control and Tenant Protections Program (Program).
DISCUSSION
Rent Control and Tenant Protections Program Progress
Over the past fiscal year, the Housing and Human Services (HHS) Department has made significant progress in the implementation of the Program. During the past 12 months, Program staff has received a total of 2,973 inquiries via calls, emails, and walk-ins from the public with evictions, rent increases, and untenantable conditions serving as the leading topics of interest. There have been two Petitions for Noncompliance, two Applications for Rent Adjustments, and two Capital Improvement Pass-Through Applications filed this fiscal year. The Program is currently at 81% compliance with respect to rent registrations and staff has actively consulted with its vendors, HdL and TSA, to increase compliance and awareness of the registration requirements in the City. In addition to coordinating with HdL and TSA on registration matters, staff has worked with the consultants who will be discussed in this report to implement the remaining Program and Ordinance requirements.
Guidelines and Procedures Development: BAE Urban Economics (BAE) The City retained the services of BAE Urban Economics (BAE) in July 2019 to conduct a rent study for the Interim Rent Control Ordinance (IRCO). The City has continued to use their services as they are needed to complete the full establishment and implementation of the Ordinances.
Staff continues to work with BAE to develop written materials in alignment with industry standards and Culver City specific requirements to enforce the provisions of the Ordinances. BAE supports the Program through its research and development of ordinance required materials and processes. In Phase 3 of its work with the City in the implementation of the Ordinances, BAE will be developing guidelines and procedures to support the evaluation of No-Fault Evictions and the application of State law under SB 8 to demolition related evictions, finalizing the administrative handbook identifying operational procedures, and providing ongoing support in evaluating applications for upward or downward rent adjustments. BAE will also review City drafted materials to ensureCity of Culver City Printed on 6/22/2023Page 2 of 5 powered by Legistar™Page 80 of 84382Exhibit 2
File #:23-1087,Version:1 Item #:C-10.
upward or downward rent adjustments. BAE will also review City drafted materials to ensure compliance with the Ordinance and identify any areas requiring research of industry standards where the Ordinance is silent. To continue supporting the Program’s implementation efforts, BAE has proposed a total budget not to exceed $63,195.
Rent Registration - HdL
The Rent Control Ordinance requires each landlord to register with the City each rental unit by July 31 annually, and each unit must be issued a registration certificate. The rent registry allows Culver City to collect rental housing data and better understand the Culver City rental marketplace. The City’s consultant, HdL, is currently responsible for collecting and maintaining rent registry data for the City. To date, 5,287 of the 5,561 total units from the previous year have been registered for the July 31, 2022, registration period, placing the Program at 94% for renewals from the previous registration period and 81% for overall account registrations. There has been $913,738.50 in fees and penalties collected for the same registration period. Staff has continued to collaborate with HdL, to aid in the education and compliance efforts to ensure all non-compliant accounts become compliant. Ongoing discussions between HdL, staff, and the other consultants listed in this staff report are taking place to ensure community awareness of the registration requirements to further drive compliance. Without a robust education and compliance program, it is expected that the compliance rate for the registration requirement will either decrease or remain stagnant. To continue to drive engagement and use of the registration portal, not only for annual registration, but also for changes in ownership or tenancies, HdL has proposed a total budget not to exceed $110,000.
Public Outreach and Communications - Tripepi Smith and Associates (TSA) Staff continues to work with TSA, the City’s communications consultant, to engage extensively with the community and create written educational materials to publicize the passage and requirements of the Ordinance. To highlight, over this past fiscal year, a mailer dedicated to tenant protections for City tenants was released in alignment with the anticipated end to LA County’s COVID-19 Tenant Protections Resolution, the website was updated with even more pertinent information to further increase the public’s understanding of the Ordinance requirements and ease navigation and access to information, and a decision tree was created to help renters understand their options related to rent increases. Staff and TSA have developed an education, outreach, and community engagement plan in response to frequently asked questions and knowledge gaps that have come up from the public. Since July 2021, TSA has provided information to the public via targeted social media ads, mailers, decisions trees for clarity around allowable rent increases and just cause evictions, regular website maintenance and updates, and press releases in alignment with larger tenant protection matters. TSA will continue to provide publicity around the Ordinance in the upcoming fiscal year promoting information through a mailer, three press releases, an animated video, social media blasts, and website updates. TSA has proposed a total budget not to exceed $32,610 for its work on the proposed community engagement plan. This budget includes $14,320 in TSA labor costs, and $18,290 in pass-through costs (such as video, postage, and printing costs).
Bet Tzedek - Legal Services
Since the passage of the IRCO, and with the adoption of the permanent Ordinances, HHS regularly receives inquiries related to landlord/tenant rights and responsibilities under California law and Federal Fair Housing law. Since these require interpretation of State and other laws, staff continues to refer inquiries to Bet Tzedek that are outside the scope of services provided by the City, such asCity of Culver City Printed on 6/22/2023Page 3 of 5 powered by Legistar™Page 81 of 84383Exhibit 2
File #:23-1087,Version:1 Item #:C-10.
to refer inquiries to Bet Tzedek that are outside the scope of services provided by the City, such as legal advice on violations of state and federal housing law. Bet Tzedek is a private, non-profit organization offering a variety of legal services, in Los Angeles County, and specifically provides dedicated legal services to Culver City residents, including and up to full legal representation. The City’s contract with Bet Tzedek designates a full-time attorney who is knowledgeable about California landlord/tenant law, Federal Fair Housing law, and Culver City Rent Control and Tenant Protections Ordinances, to assist Culver City residents. Bet Tzedek’s contract also allows Culver City residents to contact them through a dedicated hotline and email address to obtain legal support.
Over the past fiscal year, Bet Tzedek has taken 109 cases, 17 of which resulted in, or are pending, full scope representation in state court, and the remainder providing either advice and counsel or limited scope representation on housing matters. Bet Tzedek continues to hold Housing Clinics weekly, and have held 48 this fiscal year, where residents can complete an intake and receive legal counseling and advice for their own unique housing issues. In addition, Bet Tzedek has continued conducting educational outreach to Culver City residents to ensure clarity of their rights and responsibilities under the Ordinances, including Know Your Rights workshops. The amount required to extend the contract with Bet Tzedek for the next fiscal year to maintain dedicated legal service for Culver City residents is not-to-exceed $148,736.
FISCAL ANALYSIS
A fee study was completed at the inception of the Program to ensure that all Program costs would be supported with revenue generated through the collection of the rent registration fee, which is currently set at $167 per covered unit. Staff is using 5,287, the current number of compliant units, to estimate the revenue for Fiscal Year 2023/2024 at $882,929. As more units come into compliance, this number will be adjusted. The Adopted Budget for Fiscal Year 2023/2024 includes sufficient funding in Account Nos. 10135400.619800 (Rent Stabilization - Other Contractual Services) and 10135400.611600 (Rent Stabilization - Legal Services Miscellaneous) to support the amendments included in this report.
ATTACHMENTS
None.
MOTION
That the City Council:
1. Receive a progress report on the status of the implementation of the Rent Control and Tenant Protection Ordinances;
2.Approve an amendment to the existing professional services agreement with BAE Urban Economics to include the development of guidelines, procedures, and related materials to implement the processes related to No Fault Evictions with consideration of State SB 8 requirements, finalize Staff Handbook, and provide ongoing petition, application, and form support in an amount not-to-exceed $63,195; and, City of Culver City Printed on 6/22/2023Page 4 of 5
powered by Legistar™Page 82 of 84384Exhibit 2
File #:23-1087,Version:1 Item #:C-10.
3.Approve an amendment to the existing professional services agreement with Tripepi Smith and Associates (TSA) to continue a public communications program for the Rent Control and Tenant Protections Ordinances in an amount not-to-exceed $32,610; and
4.Approve an amendment to the existing professional services agreement with HdL to continue maintenance of the online residential rental registration system and education and compliance services in an amount not-to-exceed $110,000; and,
5.Approve an amendment to the existing professional services agreement with Bet Tzedek to continue providing legal services to Culver City residents in an amount not-to- exceed $148,736; and,
6.Authorize the City Attorney to review/prepare necessary documents; and,
7.Authorize the City Manager to execute such documents on behalf of the City City of Culver City Printed on 6/22/2023Page 5 of 5
powered by Legistar™Page 83 of 84385Exhibit 2
Revenue & Cost Specialists, LLC 1519 E Chapman Ave, Ste C Fullerton, CA 92831 Tel (714) 992-9020 www.revenuecost.com
386Exhibit 2
CIT Y OF BE LL GARDENS
O F F I C E O F T HE C I T Y M ANAG E R
AG E ND A RE P O RT
I tem 18.
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:IND O O R M URAL ART WO RK AP P RO VAL F O R V E T E RANS PARK AD M I NI S T RAT I O N
B UI L D I NG HAL LWAY
D AT E:September 25, 2023
RE C O M M E ND AT IO N:
I t is staff's recommendation that the City C ouncil by motion select and approve an art concept f or the indoor mural to be painted at Veterans Park A dministration B uilding Hallway, subject to agreement from the L atino E quality A lliance that the C ity will not be held responsible f or any damage to the mural, and that the C ity reserves the right to remove or modify the mural as it may deem necessary, at any time, without notice.
B AC K G RO UND/D IS C US S I O N:
Over the past couple of years, the L atino Equality A lliance (L E A) non-profit organization has hosted the B ell Gardens L G B T Q+ and Allies Youth Group once a month at Veterans P ark. L E A was awarded almost $600,000 in grant funds from the E levate Youth California I nitiative back in 2020. Part of the grant requirements is to work with the community and local artists to develop and paint a mural with a theme called "Painting Restorative J ustice: Mind Over Matter".
L E A has selected the City of B ell Gardens as the recipient of this mural which is slated to be painted along the hallway outside of the Craft R oom at the Veterans Park A dministration Building. T he mural development process included gathering community input through workshops, outreach, surveying, and other activities in and around the C ity of Bell Gardens.
F rom the input that was gathered, the artist developed 2 mural options for Council's consideration. T he mural design that Council selects will be painted in November of this year. T hese renderings are an 80%-90% completed draf t.
Once C ouncil selects a concept, the artist will use that concept and finalize the design.
T his mural is f ully f unded through L E A and the grant that they received and there will be no impact to the City's general fund.
C O NC L US I O N:
Staf f is seeking direction on which mural concept to paint at the Bell Gardens Veterans P ark A dministration Building Hallway.
F I S C AL I M PAC T:
None.
AT TAC HM E NT S :
387
D escription
Mural Option 1
Mural Option 2
AP P RO V E D E L E C T RO NI C AL LY B Y:
Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 388
389Exhibit 1
390Exhibit 2