AGENDA REPORT
Meeting Date: January 3, 2023
Item Number:
To: Honorable Mayor & City Council
From: Helen Morales, DPA, Deputy Director of Rent Stabilization Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 5 AND CHAPTER 6 OF TITLE 4 OF THE BEVERLY HILLS
MUNICIPAL CODE REGARDING EVICTIONS
Attachments: 1. Ordinance
RECOMMENDATION
Pursuant to the Rent Stabilization Commission’s review and recommendation, staff recommends the City Council move to waive the full reading of the ordinance and introduce and read by title only the ordinance entitled “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 5 AND CHAPTER 6 OF TITLE 4 OF THE BEVERLY HILLS MUNICIPAL CODE REGARDING EVICTIONS” (Ordinance) (Attachment 1).
INTRODUCTION
The Rent Stabilization Commission (Commission) considered amendments to the Rent Stabilization Ordinance (RSO) regarding evictions for major remodeling. The Commission recommended that the City Council amend the RSO to prohibit landlords from bringing an action to recover possession of an apartment unit for the purpose of major remodeling.
DISCUSSION
On December 13, 2022, the City Council considered the recommendations of the Commission and determined that the Municipal Code should be amended in accordance with the recommendation of the Commission. This Ordinance removes the provision from Chapter 5 (BHMC Section 4-5-512) and Chapter 6 (BHMC Section 4-6-6 K) that allows a landlord to evict a tenant for the purpose of major remodeling, and therefore would prohibit a landlord from evicting a tenant for major remodeling. The City Council directed staff to return with an ordinance reflecting the Council’s December 13, 2022 direction.
E-3
Meeting Date: January 3, 2023
FISCAL IMPACT
Staff does not anticipate any fiscal impact as a result of the City Council’s decision on this matter.
Timothea Tway, AICP,
Director of Community Development
Approved By
Attachment 1
Ordinance
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ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING CHAPTER 5 AND CHAPTER 6 OF TITLE 4 OF THE BEVERLY HILLS MUNICIPAL CODE
REGARDING EVICTIONS
WHEREAS, the Beverly Hills City Council established the Beverly Hills Rent Stabilization Commission (“Commission”) pursuant to Ordinance No. 19‐O‐2776, effective on May 3, 2019; and
WHEREAS, one of the duties of the Commission is to make recommendations to the City Council regarding possible amendments to Chapters 5 and 6 of Title 4 of the Beverly Hills Municipal Code in connection with issues that have not been resolved by the City Council; and WHEREAS, one such issue relates to Sections 4‐5‐512 and 4‐6‐6 (K) of the Municipal Code, which allow a landlord to bring an action to recover the possession of an apartment unit if the landlord seeks in good faith to recover possession so as to do substantial alteration work on the building for the purpose of major remodeling; and WHEREAS, on August 5, 2020, the Commission held a duly noticed meeting to consider proposed modifications to Chapters 5 and 6 of Title 4 of the Municipal Code related to evictions for the purpose of major remodeling and, by a majority (4‐2) vote, the Commission voted to recommend to the Council that the major remodeling provisions be eliminated from Chapters 5 and 6 of Title 4 of the Municipal Code in their entirety, and directed the City Attorney’s Office to draft a resolution setting forth the Commission’s recommendation; and WHEREAS, on September 2, 2020, the Commission adopted Resolution No. RSC 3, setting for the Commission’s recommendation; and
WHEREAS, at its meeting on December 13, 2022, the City Council considered the recommendation of the Commission and determined that the Municipal Code should be amended in accordance with the recommendation of the Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. Amendment of Chapter 5 of Title 4 of the Municipal Code. The City Council hereby amends Article 5 of Chapter 5 of Title 4 of the Beverly Hills Municipal Code regarding evictions by deleting Section 4‐5‐512 (Major Remodeling) in its entirety.
Section 2. Amendment of Chapter 6 of Title 4 of the Municipal Code. The City Council hereby amends Chapter 6 of Title 4 of the Beverly Hills Municipal Code regarding evictions by deleting subparagraph K (Major Remodeling) in its entirety from Section 4‐6‐6 (Evictions). ‐2‐ B0785‐0023\2756093v1.doc
Section 3. CEQA. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15061(b)(3) which is the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and CEQA does not apply where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. It can be seen with certainty that the amendments to the City’s rent stabilization regulations to regulate evictions will not cause a significant effect on the environment. In addition, the amendments are not a project that is subject to the provisions of CEQA, pursuant to CEQA Guidelines Section 15378(b)(2) and (b)(5).
Section 4. Severability. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision, and such holding shall not affect the validity and enforceability of the other provisions of the Ordinance.
Section 5. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and the City Clerk’s certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
Section 6. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty‐first (31st) day after its passage.
Adopted:
Effective:
LILI BOSSE
Mayor of the City of Beverly Hills, California
ATTEST:
HUMA AHMED
City Clerk
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APPROVED AS TO FORM: APPROVED AS TO CONTENT
LAURENCE S. WIENER NANCY HUNT‐COFFEY
City Attorney City Manager