City Council Subcommittee
August 20, 2026

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CITY of BRISBANE
Thursday August 20th, 2026 at 5:00PM ● Hybrid Meeting
Brisbane City Hall Annex, Annex Conference Room, 25 Park Place, Brisbane, CA The public may observe/participate in the Subcommittee meetings by using remote public comment options or attending in person. Subcommittee members shall attend in person unless remote participation is permitted by law. The Subcommittee may take action on any item listed in the agenda.

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Housing Subcommittee Agenda

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Subcommittee Members:

Mayor Pro-tem Davis, Councilmember Lentz
Roll Call
Remote Attendance Under the Just Cause Provisions of the Brown Act Presentation and Discussion Items
A. Anti-Displacement Policies: Continued Review of anti-displacement and tenant protection policies
B. Local Preference Policy: Discussion of Proposed Local Preference Policy for Affordable Housing Units
C. Affordable ADU Program: Discussion of Potential Multi-Jurisdictional Loan Program for Affordable Accessory Dwelling Units
Public Comment
Adjournment

MTC TOC Housing Policies Page 1 of 4

HOUSING SUBCOMMITTEE MEMO
Meeting Date:

From:

Subject:
8/20/2026
Julia Ayres, Community Development Director
Tim Davis, Director of Shared Housing Services
MTC TOC Housing Policies
Recommendation
Staff recommends that the Housing Subcommittee receive staff’s report and provide direction to staff as needed.

Background
On March 17, 2026, HEART of San Mateo and City staff presented proposed Tenant Protection and Preservation Policies to the Housing Subcommittee. The policies are designed to prevent displacement, strengthen renter stability, and support long-term housing goals in line with the City of Brisbane Housing Element and the Metropolitan Transportation Commission’s Transit Oriented Communities (MTC TOC) program. Participation in the MTC TOC Incentive Program would allow the City to receive approximately $1 to $2 million from a $45 million grant pool in the OBAG 4 funding cycle to support transportation needs. The March 17 subcommittee report is attached for reference (Attachment 1). Draft ordinances were not included in the March 17 report.

The Subcommittee provided direction on several elements of the policies and requested clarifications from staff, which are summarized below. Staff is requesting that the subcommittee provide direction on three of the policies, as indicated below.

Discussion
Condominium Conversions
• No changes recommended; the Subcommittee expressed support for the proposed revisions to the City's existing ordinance as presented.

Mobile Home Preservation
• No changes recommended; the Subcommittee expressed support for the proposed revisions to the City's existing ordinance as presented.

Just Cause Eviction: Subcommittee Feedback Requested
The Subcommittee requested clarity regarding the City’s role in enforcement and the definition of allowable eviction reasons. In response to this feedback staff has attached a draft ordinances that provides these clarifications.

MTC TOC Housing Policies Page 2 of 4
• City Enforcement Role: The City is not obligated to bring eviction cases forward.

Enforcement typically occurs through civil actions or as defenses raised in unlawful detainer cases. The City Attorney may pursue cases only when the City has a clear vested interest.
• Clarification of Just Causes for Eviction: Based on direction from the subcommittee, the draft ordinance now clearly defines allowable eviction reasons, including protections for landlords under the Ellis Act. Just causes include:
o Nonpayment of rent
o Habitual late payment
o Failure to cure a breach of the rental agreement
o Nuisance or substantial damage to the unit or interference with other tenants o Illegal use of the unit
o Refusal to execute a written extension on materially similar terms o Refusal of lawful entry after written notice
o Remaining unapproved subtenant
o Landlord or qualified relative move-in (when the landlord resides in the building) o Sale of converted condominium units (with protections for seniors and permanently disabled tenants)
o Removal of the unit from the rental market based on a government order or local ordinance
o Demolition or removal of the unit from housing use
o Capital improvements or rehabilitation requiring permits o Ellis Act withdrawal of all units from rental housing Tenant Relocation Assistance: Subcommittee Feedback Requested The Subcommittee expressed concern about when relocation assistance applies and its potential burden on landlords. The proposed policy included an option to limit the additional relocation to moderate-income and low-income tenants. Given the subcommittee’s feedback, staff has attached a draft ordinance that incorporates the Subcommittee's recommendation.
• State law requires one month’s rent for tenants (12+ months in residence) in “no fault/no cause” evictions.
• The draft ordinance proposes a higher minimum – three months’ fair market rent – for no-fault evictions.
• The Subcommittee expressed interest in limiting enhanced benefits to vulnerable tenant groups qualifying under MTC TOC criteria, which was included as an option in the original draft ordinance language:
o Low-income tenants (≤ 80% of San Mateo County AMI)
o Moderate-income tenants (≤ 120% of San Mateo County AMI)

MTC TOC Housing Policies Page 3 of 4
Tenant Anti-Harassment Protections: Subcommittee Feedback Requested The Subcommittee raised concerns regarding definitions of tenant harassment and potential impacts on landlords. In response to these concerns staff has attached a draft ordinance that clearly defines protections for both tenants and landlords. • Draft ordinance language (Attachment 2) clearly defines prohibited harassment, retaliation, and required notices. Examples of defined harassment are violations of a tenant’s:
o Quiet Enjoyment
o Habitability
o Access
o Privacy
o Misrepresentation
o Rent Payments
o Tenant Organizing
• Examples of retaliation, as defined:
o Threatening to bring or bringing an action against the tenant to remove the tenant from the property, increase rent, reduce Housing Services, causing the Tenant to involuntarily leave the unit, discrimination against the tenant, because of the Tenant’s engagement in any of the following activities:
▪ Requesting repairs
▪ Complaining about the condition of the unit in response to unsafe living conditions
▪ Exercising any legal right
▪ Creating a tenant advocacy organization
▪ Providing access to tenant organizers
▪ Convening tenant organization meetings
▪ Distributing literature in common areas related to tenant organizing ▪ Posting or displaying political signs
▪ Requesting reasonable accommodation
▪ Asserting translation rights
▪ Summoning law enforcement or emergency assistance
• These provisions would primarily apply as defenses in unlawful detainer actions or through civil suits initiated by tenants.
• The City Attorney may bring forward cases where the City has a specific interest but is not obligated to do so.

Next Steps

MTC TOC Housing Policies Page 4 of 4
Based on the subcommittee’s direction, staff will continue refining the draft ordinances in collaboration with HEART and the City Attorney’s Office. Ordinances affecting Title 17 of the Brisbane Municipal Code will undergo Planning Commission review before advancing to the City Council for consideration as a complete package.

Fiscal Impact
None at this time. Development of draft ordinances is covered by staff time and the City’s existing contract with HEART for on-call housing policy support services. Implementation costs are expected to be similarly absorbed.

Attachments

1. March 17, 2026 Housing Subcommittee agenda report

2. Draft ordinances: Condominium Conversion, Mobile Home Park, Just Cause Eviction, Tenant Relocation, and Tenant Anti-Harassment
___________________________________
Julia Ayres, Community Development Director
___________________________________
Jeremy Dennis
City Manager
Julia Ayres

Tenant Protection Housing Policies Page 1 of 5

HOUSING SUBCOMMITTEE AGENDA REPORT
Meeting Date: 3/17/2026
From: Julia Ayres, Acting Community Development Director and Tim Davis, HEART of San Mateo
Subject: MTC TOC Housing Policies
Recommendation
That the subcommittee hear the presentation on pending anti-displacement and tenant protection ordinances and give direction to staff as needed.

Background
City Policies Related to Tenant Protection and Anti-Displacement The City’s 2023-2031 Housing Element contains two goals geared toward the preservation of existing housing, including naturally occurring affordable housing and deed-restricted affordable housing (Goal 3), and to protect existing residents from displacement (Goal 4) (see Attachment 1). Policies and programs under these goals specifically commit the City to study and implement activities to achieve these goals. Building on the Housing Element, the Affordable Housing Strategic Plan (AHSP; see Attachment 2) outlines fiscal strategies the City can take to preserve existing housing and prevent displacement under Strategy C-3.

MTC’s TOC Policy
Since adoption of the Housing Element and Affordable Housing Strategic Plan, the Metropolitan Transportation Commission (MTC) adopted a Transit-Oriented Communities (TOC) Policy (see Attachment 3). The TOC Policy applies to Brisbane due to the Bayshore Caltrain station. The TOC Policy areas span several different categories related to housing and circulation. Consistency with the TOC Policy is voluntary for jurisdictions that want to be eligible and/or competitive for MTC discretionary funding under the One Bay Area Grant (OBAG) program. In June 2025 the City Council adopted a Resolution in order to receive approximately $10,000 in MTC TOC Policy grant funds to cover the cost of calibrating the recently adopted inclusionary housing in-lieu fees. The associated staff report provided a brief summary of the TOC Policy program (see Attachment 4).

To meet the TOC policy requirements related to housing production, preservation, and protection, staff have recommended pursuing the following TOC policies, which largely overlap with the City’s existing zoning ordinance, or in the case of new regulations, with goals and policies in the AHSP and the Housing Element.
• Preservation Policy 4: Condo Conversion
• Preservation Policy 7: Mobile Home Preservation
• Protection Policy 1: Just Cause Eviction
• Protection Policy 8: Tenant Relocation Assistance
ATTACHMENT 1

Tenant Protection Housing Policies Page 2 of 5
• Protection Policy 11: Tenant Anti-Harassment Protections Each policy and necessary implementation actions are summarized below and described in detail in Attachment 5.

Discussion
The discussion below is organized around the TOC Policies named above. Staff notes that implementation of these TOC Policies would implement the City’s existing Housing Element Goals and Affordable Housing Strategic Plan strategies and would ensure the City is eligible for funding under future OBAG funding cycles.

Modifications to Existing Ordinances
Preservation Policy 4: Condo Conversion Protections
Condominium conversions are the process by which a multifamily rental property is converted to a for-sale condominium development. The City has an existing condominium conversion ordinance (BMC Chapter 17.30; See Attachment 6) that requires a use permit for a condominium conversion project. The existing ordinance requires minor adjustments to comply with TOC Preservation Policy 4 (Condo Conversion Protections) to include a requirement for a Tenant Relocation Assistance Plan, Rental Replacement Plan (1:1 replacement for any lost rental units), or the tenant first right to purchase. Updating this ordinance to comply with the MTC TOC Policy is in line with Housing Element Policies 3.A and 4.A.

Preservation Policy 7: Mobile Home Preservation
Preservation Policy 7 (Mobile Home Preservation) requires cities to protect existing mobile home parks by adopting mobile home park zoning ordinances. The City already adopted a mobile home park zoning ordinance (BMC Chapter 17.11; see Attachment 7) pursuant to the 2015-2022 Housing Element. This ordinance allows only mobile home parks and related uses in the district and requires a use permit to close a mobile home park.

To comply with the MTC TOC Policy’s requirements, minor adjustments to the existing ordinance are required to address tenant relocation assistance, including expansive tenant relocation payments, modified noticing requirements, and adjustment to the required Planning Commission findings for use permit approval. These modifications are in line with Affordable Housing Strategic Plan strategy B-1 (Protect Naturally Occurring Affordable Housing) and C-3 (Mitigate Displacement) by protecting vulnerable low-income residents from displacement who live in naturally affordable mobile home parks. Further, protection of mobile home residents is in line with Policy 3.A and program 4.C.2 to retain mobile home housing stock.

New Ordinances
The below three TOC policies are consistent with Policies 3.A and 4.A of the Housing Element as well as Strategy C-3 (Mitigation Displacement) from the Affordable Housing Strategic Plan.

ATTACHMENT 1

Tenant Protection Housing Policies Page 3 of 5
Protection 1: Just Cause Eviction
Just Cause Eviction policies protect tenants from eviction without cause. This policy requires landlords to have a “just cause” or reason for eviction, such as non-payment of rent, habitual late payment of rent, failure to cure a substantial breach of rental agreement, or nuisance or substantial interference with comfort of the landlord or other tenants. Housing Element Program 4.A.15 commits to adopting a just cause eviction ordinance.

To comply with the TOC Policy, the City’s just cause eviction ordinance would need to comply with the provisions of existing State law (AB 1482, 2019) which establishes baseline just cause eviction criteria and procedures. The ordinance would also have to include measures that expand the provisions of AB 1482, which could include any one or more of the following:
• Not exempting:
o Rental units in owner-occupied duplexes,
o Non-owner-occupied single-family homes, and/or
o Units where at least one of the tenants has been in the property for at least 12 months (as compared to all having been in the property for at least 12 months, or at least one tenant for 24 months)
• Providing additional protections for:
o Elderly or disabled tenants,
o Tenants with children during the school year, and/or
o Other vulnerable populations.
• Increased tenant relocation benefits
The City will also need to consider how it will implement the provision requiring landlords to submit termination notices to the City. Without establishing a rent registry, which can be administratively burdensome, this provision can be implemented more simply through the following steps, as has been done by the City of Hayward:
• Posting of tenant/landlord ordinances on City website • Provision of downloadable or tenant notification form, to be completed and submitted by the landlord to a designated City email address. The City could also choose to set up an online form.
• City maintains database of any notices filed; in case a tenant or landlord should need evidence that a notice was filed.

Under this implementation strategy, the City does not have a direct role in the eviction process, though failure to file a notice provides the tenant with a defense to an eviction action.

Protection 8: Tenant Relocation Assistance
Protection Policy 8 (Tenant Relocation Assistance) requires landlords to make relocation payments for evictions. An ordinance implementing this policy must provide the following:
• Landlords must make relocation payments for all no-cause and no-fault evictions.

ATTACHMENT 1

Tenant Protection Housing Policies Page 4 of 5
• Jurisdictions may choose to limit assistance to lower-income tenants (those at 80% of AMI or less) or lower- and moderate-income tenants (those at 120% of AMI or less). • The amount of relocation assistance must be equal to at least three months’ fair market rent, unless another law (e.g., local, state, federal) requires a higher minimum amount.

MTC/ABAG is providing a model ordinance for the City of Brisbane may adopt that establishes minimum requirements including minimum payment amounts. The City may consider requiring higher payments, either for all eligible households, or for more vulnerable populations, such as the elderly, households with minor children, or persons with disabilities.

Protection 11: Tenant Anti-Harassment Protections
Protection Policy 11 (Tenant Anti-Harassment Protections) would prevent a landlord from using force, willful threats, or menacing conduct to informally evict tenants. These informal evictions are a persistent problem, especially for low-income, undocumented, and/or limited English proficiency residents, who are more vulnerable to landlord actions. An implementing ordinance would need to provide the following:
• Define harassing behaviors
• State that the city attorney as well as the impacted tenant may bring a civil action or request an injunction in response to harassment.
• Establish penalties for landlords found to be in violation, including fines, attorneys' fees, and punitive damages, and define a violation of the ordinance as an affirmative defense for a tenant in an eviction proceeding.
• Establish noticing requirements for landlords to provide each tenant with an information sheet outlining anti-harassment protections and any other tenant protections in the jurisdiction (e.g., rent stabilization, just cause, relocation assistance).

The sheet must include links to the City of Brisbane website and at least one local tenant legal services organization.

Next Steps
Based on feedback from the subcommittee, staff will continue to work with HEART staff and the City Attorney’s office to finalize draft ordinances to implement these policy changes. Public hearings at the Planning Commission will be held for those ordinances impacting Title 17 of the BMC. The City Council would then see the full package of ordinances subsequent to Planning Commission review.

Fiscal Impact
None at this time. Development of the draft ordinances is budgeted for through staff time and the City’s contract with HEART for on-call housing policy support services. Implementation of this suite of ordinances would similarly be covered
Attachments
ATTACHMENT 1

Tenant Protection Housing Policies Page 5 of 5

1. Housing Element excerpts

2. Affordable Housing Strategic Plan excerpts

3. MTC TOC Policy Handout

4. June 5, 2025 City Council staff report excerpts

5. Excerpts from MTC TOC Policy Administrative Guidance

6. BMC Chapter 17.30 excerpts (condo conversion ordinance)

7. BMC Chapter 17.11 (Mobile Home Park residential district) ___________________________________
Julia Ayres
Acting Community Development Director
___________________________________
Tim Davis
Director, Housing Consulting Services, HEART
___________________________________
Jeremy Dennis
City Manager/Brisbane Housing Authority Executive Director Julia Ayres
ATTACHMENT 1

5. HOUSING PLAN
5-15
Goal 3: Preserve existing affordable housing.

As the City continues to grow, it is important to maintain and preserve existing affordable housing that is deed restricted as well as non-deed restricted housing that is naturally affordable to moderate- and to low-income households. This goal is closely related to Goal 5 of protecting residents from displacement. The City’s primary preservation target will be to renew the ground lease with Bridge Housing for the senior housing complex at 2 Visitacion Avenue (Visitacion Gardens). The City will identify and utilize other funding sources in the preservation of existing naturally affordable housing through supporting organizations that provide homeowner financial literacy training, foreclosure counseling, homesharing assistance, and rehabilitation programs.

Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 3.A: Preserve existing affordable housing units.

CDD Low/
Moderate
Income
Housing
Fund

3.A.1: Implement affordable housing
preservation and management policies
identified in the Affordable Housing
Strategic Plan (AHSP), including but not
limited to the following:
a. Establishing an early warning/
monitoring system for deed-restricted
units at risk of conversion to marketrate.
b. Allocation of potential funding
sources to organizations providing
homeowner financial literacy training,
foreclosure counseling, homesharing
matching and facilitation, and
rehabilitation programs for naturally
affordable housing.
c. Providing for tenant education and
assistance.

Adopt AHSP
Implement antidisplacement strategies
per adopted AHSP
6/30/2023
Annually
beginning
7/1/2023 and
ongoing
thereafter
through the
biennial budget
adoption process
CDD General
Fund

3.A.2: Renew the ground lease with
Bridge Housing Corporation for the
Visitacion Garden senior apartments for
an additional 30 years or other
timeframe mutually agreeable to Bridge
Housing and the City of Brisbane.

Renew ground lease
with Bridge Housing
1/31/2028
CDD General
Fund

3.A.3: Survey rental rates for permitted
accessory dwelling units to ensure their
affordability to lower-income households
at the ratios assumed in the Housing
Element sites inventory (Chapter 3).

If survey results show that ADUs are being
rented at levels that are not affordable
to low-income households at the ratios
assumed in the Housing Element, the City
will provide targeted outreach to
homeowners regarding tenant
placement assistance provided by HIP
Housing (see program 4.A.9)
Annual ADU rent survey
Connect ADU
homeowners with HIP
Housing staff
Annually, Q1
As needed based
on results of
annual rent survey
CDD,
City
Manage
r’s
Office
HUD Grant
Funds

3.A.4: Program earmarked Federal grant
funds received in FY 2021-2022 to provide
financial assistance in the form of loans
or grants to retrofit existing units for lowincome and special needs households.

Adopt program funding
guidelines
Start issuing
loans/grants
12/31/23
2024
ATTACHMENT 1 ATTACHMENT 1

5. HOUSING PLAN CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 5-16
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
CDD General
Fund

3.A.5: Amend zoning ordinance to
require one-to-one replacement of
deed-restricted affordable housing units
converted to market-rates.

Adopt zoning
amendments
12/31/2026
Policy 3.B: Increase participation in Housing Choice Voucher and other rental assistance programs.

CDD General
Fund

3.B.1: Develop and implement an
education/outreach campaign
targeting landlords/managers on renting
to people with Housing Choice
Vouchers.

See Program 5.A.1
Geographic Targeting: R-2, R-3, NCRO-2
and SCRO-1 zoning districts and
Northeast Ridge multi-family
neighborhoods.

Metrics: In addition to citywide
broadcasting, make direct contact with
at least 10 landlords/property managers
annually by email, phone, or at the
public counter.

Launch campaign 1/31/2024 and
annually
thereafter
ATTACHMENT 1 ATTACHMENT 1

5. HOUSING PLAN
5-17
Goal 4: Protect residents from displacement.

As the City continues to grow and evolve, avoiding gentrification and displacement of lower-income residents is a priority. The policies and programs provided below address partnerships with organizations such as Project Sentinel and other non-profit groups and tapping into other government resources to provide financial assistance, counseling and other resources to help residents maintain and retain their housing. The AHSP identifies funding priorities for programs to protect lower-income residents from displacement. This goal is closely related to Goal 4 of preserving affordable housing.

Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 4.A: Protect existing residents from displacement.

CDD Low/
Moderate
Income
Housing
Fund

4.A.1: Adopt and implement antidisplacement programs in the AHSP, such as:
a. Rental assistance program
b. Preferences for current Brisbane
residents for new affordable housing
development
c. First Time Homebuyer program
Geographic Targeting: All residential
zoning districts
Metrics: Assist three households annually
following implementation of AHSP
programs.

Adopt AHSP
Create roadmap and
timeline for specific
programs identified in
AHSP
Implement AHSP
programs
6/30/2023
6/30/2024
Beginning
6/30/2024 and
ongoing
CDD Low/
Moderate
Income
Housing
Fund

4.A.2: Support Project Sentinel’s program
to provide counseling to older
homeowners on home equity conversion
opportunities.

Partner with Project
Sentinel
Biennially with
budget starting
6/2023
CDD City Funds 4.A.3: Partner with Project Sentinel or
another qualified non-profit organization
to perform fair housing training for
landlords and tenants, and to provide
training on financial literacy and housing
counseling services for tenants. Focus
training efforts on race-based
discrimination and reasonable
accommodations.

Geographic Targeting: R-MHP, R-1, R-2,
R-3, NCRO-2, and SCRO-1 zoning districts.

Metrics: Train two landlords and four
households annually (see program 1.A.2)
Develop agreement
and schedule for at
least annual trainings
with qualified
consultant
1/31/24
CDD City Funds 4.A.4: Create a complaint referral form
accessible via the City website for fair
housing complaints to be submitted
securely and forwarded by City staff to
the appropriate State or Federal
agencies.

Metrics: Transmit all complaints to HCD
within 30 days of receipt.

Create complaint
referral form
1/31/2024
CDD Low/
Moderate
Income

4.A.5: Engage with qualified non-profit
organizations to convene a discussion
with Black, Indigenous and People of
Color households who are experiencing
Develop agreement
and schedule with
qualified consultant
1/31/2024
ATTACHMENT 1 ATTACHMENT 1

5. HOUSING PLAN CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 5-18
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Housing
Fund
comparatively high rates of cost burden
to discuss and identify solutions for relief.

Metrics: Make contact with at least ten
households.

CDD City Funds 4.A.7: Consider residential rent control provisions consistent with the provisions of
the Costa-Hawkins Act and any other
applicable State law.

City Council study
session
12/2026
CDD Low/
Moderate
Income
Housing
Fund

4.A.8: Continue to fund the regional
down payment assistance program with
affirmative marketing to households with
disproportionate housing needs including
Black/African American and
Hispanic/Latinx households through San
Mateo Housing Endowment and
Regional Trust (HEART).

Fund HEART Biennially with
adoption of the
City budget.

CDD General
Fund

4.A.9: Support the Human Investment
Program (HIP)’s shared housing program
which helps find suitable housing for the
elderly, single-parent families and
persons with special needs, through
annual financial support. See
Program 1.A.1.

Geographic targeting: All districts that
allow residential uses.

Metrics: Connect four households per
year with HIP.

Fund HIP annually Annually or with
City budget
adoption
CDD General
Fund

4.A.10: Study ordinance to require
government notification for all eviction
notices and rent increases above a
certain level.

Study session at City
Council
12/31/2028
CDD General
Fund

4.A.11: Amend inclusionary housing
ordinance to extend timeframe of
affordability covenants on new
affordable housing development
Adopt ordinance 1/31/2025
CDD General
Fund

4.A.12: Implement the City’s short term
rental ordinance to prohibit conversion
of housing units to short term residential
rentals of less than 30 days.

Implement Ordinance
655
Ongoing
CDD,
DPW
General
Fund

4.A.13: Amend the Safety and
Conservation Elements of the General
Plan to include analysis and policies
regarding flood hazard management
information and climate adaptation and
resiliency, ground water recharge and
storm water management, per
Government Code Sections 65302(d)
and 65302(g), and check all elements for
consistency with the Housing Element.

Amended Safety and
Conservation Elements
1/31/2027
DPW General
Fund

4.A.14: Continue to develop master
plans to maintain and upgrade public
infrastructure in residential
neighborhoods. Seek grants and other
special funds to supplement utility and
gas tax funds to implement improvement
projects
Ongoing, as identified
with Annual Budget
Ongoing
CDD General
Fund

4.A.15 Adopt a just cause eviction
ordinance to project renters from
arbitrary and unjustified evictions.

Adopt Ordinance 12/31/2024
ATTACHMENT 1 ATTACHMENT 1

5. HOUSING PLAN
5-19
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 4.B: Facilitate rehabilitation of substandard residential structures and where feasible maintain their affordability to very-low-, low- and moderate- income households.

CDD City Funds 4.B.1: Collaborate with the County of San Mateo and other agencies with verylow-, low- and moderate-income Housing Repair and Home Rehabilitation
Loan Programs to expand the scope and
eligibility for assistance.

Expanded eligibility for
County rehab and
repair programs
12/31/2024
CDD City Funds 4.B.2: Implement preservation policies
identified in the Affordable Housing
Strategic Plan, including but not limited
to the following:
a. Funding existing Countywide
rehabilitation and repair programs.
b. Establishing City-funded rehabilitation
and repair program.

Adopt AHSP
Implement preservation
strategies
6/30/2023
Starting 7/1/2023
and ongoing
thereafter
through the
biennial budget
adoption process
Policy 4.C: Continue to discourage the conversion of existing apartment buildings to condominiums or cooperatives and conversion of the mobile home park to other uses.

CDD N/A 4.C.1: Maintain Zoning Ordinance
standards for condominium conversions
of existing rental units consistent with
current State law.

Maintain current zoning
ordinance
Ongoing
CDD N/A 4.C.2: Maintain the R-MHP Residential
Mobile Home Park District zoning to
retain the mobile home housing stock.

Maintain current zoning Ongoing
ATTACHMENT 1 ATTACHMENT 1

City of Brisbane AHSP
ECONorthwest 25
Actions:
▪ Develop and adopt incentives policy for special-needs housing projects.

C-3: Mitigate Displacement (4-A-1; 4-A-B)
Growth pressures alongside increases in housing costs create growing risk of displacement, particularly among Brisbane’s most vulnerable residents, which includes seniors on fixed incomes and persons with special housing needs. Through this strategy, the City will prioritize funding for antidisplacement programs to protect existing residents, including:

First-Time Homebuyer Program
Provide financial assistance to low- and moderate-income first-time homebuyers to assist with down payments, closing costs, inspection fees, or other associated costs.

Rental Assistance Program
Rental assistance is among the most effective ways to prevent displacement and housing insecurity by providing financial assistance in the form of rental payments or partial rent payments to lower-income tenants at risk of eviction.

Local Preference Guidelines
Local preference programs ensure that local resources are going to local or regional residents.

The city will develop a local preference policy that will give preference to applicant households that meet program criteria to the maximum extent allowed by the law.

Actions:
▪ Create and maintain a repository of programs other than the ones offered by the city that offer assistance for first-time homebuyers.
▪ Update the First-Time Homebuyer Program guidelines to calibrate with current market conditions, build in flexibility as market conditions change, and evaluate available funding sources to capitalize the program.
▪ Identify target renter households most susceptible to displacement through community outreach, surveys, or review of third-party data and displacement risk metrics. ▪ Look to peer cities for successful case studies and create guidelines and processes for an ongoing local rental assistance program for targeted households. Capitalize and scale the program based on funding sources available through local and exogenous sources as they are available.
▪ Adopt local preference guidelines for affordable housing using local resources that incorporate flexibility in terms of target households and affordability levels to complement the City’s RHNA.

ATTACHMENT 2 ATTACHMENT 1

October 2024
MTC’s Transit-Oriented Communities Policy
On September 28, 2022, the Metropolitan Transportation Commission (MTC) adopted the Transit-Oriented Communities (TOC) Policy (MTC Resolution 4530) to support the region’s transit investments by creating communities around transit stations and along transit corridors that not only enable transit ridership, but also are places where Bay Area residents of all abilities, income levels, and racial and ethnic backgrounds can live, work, and access services.

Future One Bay Area Grant (OBAG) funding cycles
will consider prioritizing investments in transit
station areas that are subject to and compliant with
the TOC Policy. Jurisdictions should anticipate
demonstrating compliance prior to the adoption of
OBAG 4, expected in 2026. MTC’s TOC Policy
Administrative Guidance provides more information
on requirements and the process and required
documentation for confirming compliance.

Applicability
The TOC Policy applies to the half-mile area around
existing and planned fixed-guideway transit stops
and stations (i.e., regional rail, commuter rail, lightrail transit, bus rapid transit, and ferries). Compliance with the TOC Policy is voluntary for jurisdictions that want to advance the goals of Plan Bay Area 2050 or
to be eligible and/or competitive for some MTC
discretionary funding. Access a map of TOC areas or
a spreadsheet of jurisdictions and TOC areas subject
to the OBAG 4 compliance deadline.

TOC Policy Goals

1. Increase the overall housing
supply in part by increasing the
density for new residential
projects. Prioritize affordable
housing in transit-rich areas.

2. In areas near regional transit
hubs, increase density for
businesses and commercial
development.

3. Prioritize bus transit, active
transportation, and shared
mobility within and to/from
transit-rich areas, particularly to
Equity Priority Communities.

4. Support and build partnerships
to create equitable transitoriented communities within the San Francisco Bay Area.

Transit Tiers
Areas subject to the TOC Policy are categorized by tier according to level of transit service:
• Tier 1: Rail stations serving regional centers (i.e., Downtown San Francisco, Downtown Oakland, and Downtown San José).
• Tier 2: Stop/station served by two or more BART lines or BART and Caltrain. • Tier 3: Stop/station served by one BART line, Caltrain, light rail transit, or bus rapid transit.
• Tier 4: Commuter rail (SMART, ACE, Capitol Corridor, Valley Link) stations, Caltrain stations south of Tamien, or ferry terminals.

Implementation Process and Timeline
MTC developed an online submission portal to streamline the process for jurisdictions to demonstrate compliance with TOC Policy requirements. Jurisdictions can submit documentation on a rolling basis until an anticipated deadline corresponding with OBAG 4 in early 2026. Jurisdictions can contact MTC for assistance with the compliance process.

ATTACHMENT 3 ATTACHMENT 1

October 2024
TOC Policy Requirements
The TOC Policy focuses on the core elements of land use density, affordable housing, parking management, and complete streets/multimodal access to implement Plan Bay Area 2050 strategies.

1. Minimum residential and commercial office densities for new development:
• On average, the minimum density for parcels in the ½-mile TOC area must exceed a threshold determined by the TOC area’s Transit Tier. • If a jurisdiction adopts a maximum density for parcels in the ½-mile TOC area, on average, the maximum density must exceed a threshold determined by the TOC area’s Transit Tier.
• A jurisdiction is not required to zone for a particular land use in the TOC area. • Only areas where residential uses are allowed are included in residential density calculations, and only zoning districts that allow commercial office land uses as a primary use are included in commercial office density calculations. • Parcels with existing dwelling units can be excluded from the residential and commercial office density calculations.

2. Policies for affordable housing and commercial stabilization:
• A jurisdiction must adopt at least two policies for each of the “3Ps” of affordable housing (production, preservation, protection) and at least one policy for commercial stabilization.
• A jurisdiction chooses policies that best meet local needs from a menu of options. • Policies must apply in TOC areas, but a jurisdiction may choose to apply them beyond the TOC area(s), including jurisdiction wide.

3. Parking management:
• No minimum parking requirements allowed in most Transit Tiers for new residential or commercial development.
• Parking maximums for new residential and general/neighborhood commercial uses vary by Transit Tier.
• Requirements for bicycle, shared, and unbundled parking as well as Transportation Demand Management (TDM)/curb management.

4. Transit station access and circulation:
• Adopt policies/guidelines that comply with Complete Streets Policy. • Prioritize implementation of Active Transportation Plan and/or relevant Community Based Transportation Plans within TOC station area. • Complete an access gap analysis and accompanying capital and/or service improvement program.
• Identify opportunities for Mobility Hub planning and implementation.

See MTC’s TOC Policy Administrative Guidance for more information on requirements and the process and required documentation for confirming compliance.

ATTACHMENT 3 ATTACHMENT 1

Adopt Resolution of Intent to Achieve Compliance with TOC Policy Page 1 of 3

CITY COUNCIL AGENDA REPORT
Meeting Date: June 5, 2025
From: John Swiecki, Community Development Director
Subject: Adoption of Resolution Committing to Take Steps Toward Achieving Compliance with The Metropolitan Transportation Commission’s Transit-Oriented Communities Policy in Order to Receive Grant to Fund Participation in Multi-Jurisdictional Grand Nexus Study
Community Goal/Result
Fiscally Prudent- Brisbane's fiscal vitality will reflect sound decisions which also speak to the values of the community.

Purpose
To receive a Transit Oriented Communities (TOC) Planning and Implementation Grant from the Metropolitan Transportation Commission (MTC) to fund the City’s participation in a multijurisdictional study to calibrate the City’s recently adopted inclusionary housing in-lieu fees.

Recommendation
Adopt the attached Resolution containing the required commitment to take steps toward achieving compliance with MTC’s TOC Policy.

Background
Inclusionary Housing In-Lieu Fee Adoption
On May 15, 2025, the City Council adopted a Resolution to amend the City’s Master Fee Schedule to add inclusionary in-lieu fees to implement the revised inclusionary housing and density bonus ordinance adopted on April 17, 2025 (see May 15, 2025 City Council agenda report in Attachment 2). As an alternative to constructing the affordable units required by the updated ordinance, developers of certain projects may pay an in-lieu fee for each affordable unit. As described in the May 15 City Council agenda report (Attachment 2), the adopted in-lieu fees are based on the “affordability gap” between market-rate housing prices and the maximum affordable purchase price for low and moderate-income households based on a 2015 economic study. The May 15 agenda report also acknowledged that the City is participating in a multi-jurisdictional study to calibrate the in-lieu fees, the results of which are anticipated in early 2026.

Multi-Jurisdictional Study
This multi-jurisdictional study is coordinated by the 21 Elements collaborative, which provides policy coordination between the 21 jurisdictions in San Mateo County. Referred to as the “Multi-jurisdictional Grand Nexus Study,” the study will leverage the participation of jurisdictions in both San Mateo County and Santa Clara counties to reduce the total cost ATTACHMENT 4 ATTACHMENT 1

Adopt Resolution of Intent to Achieve Compliance with TOC Policy Page 2 of 3 individual jurisdictions would otherwise bear to complete economic studies to support various fees including nexus fees imposed on all new developments (development impact fees) and inclusionary in-lieu fees (optional fees elected by a developer).

In 2024, City staff signed a letter of intent to participate in this study. The scope of the City’s participation is limited to economic analysis to support updated inclusionary in-lieu fees, which analysis is estimated to cost approximately $15,000. To cover the cost of this study, staff participated in a joint grant application with other participating jurisdictions for an MTC TOC Policy grant. The MTC TOC Policy and TOC Policy Grant program are described in detail below.

MTC TOC Policy
In 2022, MTC adopted the Transit-Oriented Communities (TOC) Policy to support the region’s transit investments by creating communities around transit stations and along transit corridors.

The TOC Policy applies to locations within a half mile of existing and planned stops and stations served by Bay Area transit systems. Brisbane’s TOC area includes the one-half mile radius around the Bayshore Caltrain station. A summary of the TOC Policy’s requirements is provided in Attachment 3 for reference.

Compliance with the TOC policy requirements is necessary for cities to be eligible for regional transportation funds administered by MTC, including One Bay Area Grant (OBAG) funding.

Substantial compliance with the TOC Policy will be required in early 2026, corresponding with the OBAG 4 funding cycle. One pathway to achieving compliance with the TOC Policy is to adopt inclusionary housing ordinances that may include in-lieu fees.

TOC Policy Grant
In October of 2024 MTC announced a $60 million grant program to support work by cities to comply with the TOC Policy. The City of Belmont, acting as the fiscal agent, submitted a grant application to MTC in November of 2024 for the multi-jurisdictional study on behalf of the Cities of Belmont, Brisbane, Daly City, Menlo Park, Redwood City, San Bruno, and San Mateo.

In March 2025, MTC awarded $500,000 in grant funds for the project. The grant funding will offset a substantial portion of, if not all of the consultant cost completing the multijurisdictional study (see “Fiscal Impact” section below). The County of San Mateo, in coordination with 21 Elements, will act as the contracting entity on behalf of the participating jurisdictions. The County will manage the contract payments and City of Belmont staff will coordinate with them as fiscal agent for the grant to manage reimbursements.

The County published a Request for Proposals for the multi-jurisdictional study in February, with a response deadline of May 2. Four proposals were received, and consultants will be evaluated and selected in the coming weeks. The specific share of the grant funds that will be directly attributable to Brisbane, estimated at between $10,000 to $15,000, will be determined once the Request for Proposals process is complete and the exact amount of the consultant contract is determined.

ATTACHMENT 4 ATTACHMENT 1

Adopt Resolution of Intent to Achieve Compliance with TOC Policy Page 3 of 3 Discussion
To accept the multi-jurisdictional grant award of $500,000, all participating jurisdictions, including the City of Brisbane, must adopt a resolution, included in Attachment 1. The resolution states that the City intends to adopt relevant policy updates emerging from the work completed through the study grant to comply with the TOC Policy; specifically, updated inclusionary in-lieu fees should the study results support such an update.

In regard to overall TOC policy compliance, of which this grant is a small part, City staff is working with San Mateo County HEART, housing policy consultants, to identify the specific compliance paths that are appropriate for Brisbane, many of which overlap with or are complimentary to the City’s 2023-2031 Housing Element programs and policies.

Fiscal Impact
Adoption of the resolution would allow the City’s participation in the multi-jurisdictional study to be largely or entirely covered by MTC grant funds. The budget for the City’s portion of the study is estimated to be $15,000. The estimated grant amount available to the City is estimated at between $10,000-$15,000. The City’s out of pocket costs not covered by the MTC grant are therefore estimated to be $5,000, though this will need to be confirmed once a successful proposal is selected for the multi-jurisdictional study and the project budget is aligned with the MTC grant funds. Should the City incur out of pocket costs not covered by the grant, the funds would be allocated via the Community Development Department’s budget or the Low and Moderate Income Housing Fund.

Environmental Review
Adoption of the resolution stating the City’s intent to comply with the MTC TOC Policy is exempt from CEQA review pursuant to CEQA Guidelines §15061(b)(3) because it involves adoption of policies and programs that would not cause a significant effect on the environment.

Measure of Success
Acceptance of grant funds to ensure the City’s inclusionary in-lieu fees are based on current market data.

Attachments

1. Resolution of Intent to Take Steps to Achieve Compliance with MTC TOC Policy

2. May 15, 2025 City Council agenda report annotated by staff

3. MTC Transit-Oriented Communities Policy Handout
___________________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager ATTACHMENT 4 ATTACHMENT 1

Reso. 2025-

RESOLUTION NO. 2025-
Resolution of The City Council of The City of Brisbane Committing to Take Steps Toward Achieving Compliance with The Metropolitan Transportation Commission’s (MTC's) Transit-Oriented Communities (TOC) Policy as a Condition for MTC to Allocate Regional Discretionary Funding to the Housing Policy Development Project (Multi-jurisdictional Grand Nexus and Feasibility Study) WHEREAS, the MTC adopted Resolution 4530, the TOC Policy; and WHEREAS, the TOC Policy incentivizes local jurisdictions to plan and zone for higher residential and commercial densities in areas within one half-mile of existing and planned fixed-guideway transit stops and stations to support the region’s transit investments and implement key greenhouse gas (GHG) reduction strategies from Plan Bay Area 2050; and WHEREAS, incentivizing local jurisdictions to also adopt policies focused on increasing housing production of all types, particularly affordable housing production, preservation and protection, commercial anti-displacement and stabilization, parking management, and transit station access and circulation further supports regional transit investments and Plan Bay Area 2050 implementation; and
WHEREAS, in 2023 MTC identified the Bayshore Caltrain station as a Tier 3 TOC in The City of Brisbane; and
WHEREAS, MTC conditions the allocation of regional discretionary funding for fixedguideway transit extension projects on compliance with the TOC Policy; and WHEREAS, MTC anticipates that future regional funding, such as the One Bay Area Grant (OBAG) program, will consider compliance with the TOC Policy as part of the prioritization and project selection process starting with OBAG 4, expected in 2026; and WHEREAS, the TOC Policy establishes different compliance expectations for existing and planned station areas based on the level of transit service; and WHEREAS, the TOC Policy identifies four TOC Policy areas (density, housing affordability, parking, and access/circulation); and
WHEREAS, on September 30, 2024 the MTC announced a Call for Projects for Transit Oriented Communities (TOC) Planning and Implementation Grants, and informed local jurisdictions of a November 22, 2024 deadline for submittals of Applications, as well as grant application guidance and requirements including compliance with the Transit Oriented Communities Policy; and
WHEREAS, the City of Belmont submitted a grant application to MTC for $620,000 for the Multi-jurisdictional Grand Nexus and Feasibility Study in the Housing Policy Development (Production) area in response to the MTC’s Call for TOC Planning and Implementation Projects; and
ATTACHMENT 4 ATTACHMENT 1

Reso. 2025-

WHEREAS, the City of Belmont accepted a grant award from MTC for $500,000 for the Multi-jurisdictional Grand Nexus and Feasibility Study in response to the MTC’s Call for TOC Planning and Implementation Projects; and
WHEREAS, the City of Brisbane intends to work cooperatively with The City of Belmont and other cities on the Multi-jurisdictional Grand Nexus Study, with partial funding provided by the grant award from MTC; and
WHEREAS, the scope of the City of Brisbane’s participation in the Multi-jurisdictional Grand Nexus Study is limited to the study’s work to calibrate inclusionary in-lieu fees that the City adopted as part of an amended inclusionary housing ordinance; and WHEREAS, the City of Brisbane intends to work cooperatively with The City of Belmont and other cities on the Multi-jurisdictional Grand Nexus Study, with partial funding provided by the grant award from MTC; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRISBANE AS FOLLOWS:

1. The City of Brisbane commits to completing the city’s tasks associated with the Multijurisdictional Grand Nexus and Feasibility Study work scope following an MTC grant award by applying for these funds; and

2. The City of Brisbane intends to adopt relevant policy updates emerging from the work completed through the Multi-jurisdictional Grand Nexus and Feasibility Study grant to comply with the TOC Housing Policy Development requirements. ___________________________
Cliff Lentz, Mayor
I hereby certify that the foregoing Resolution No. 2025- was duly and regularly adopted at a regular meeting of the Brisbane City Council on June 5, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
Ingrid Padilla, City Clerk
ATTACHMENT 4 ATTACHMENT 1

• The policy must limit the number of SRO units approved to be converted in a given calendar year to no more than the number of equivalent rental units completed the previous calendar year. “Equivalent rental units” shall be defined as low-cost SRO units or any income-restricted housing affordable to households with incomes at 30% of AMI or less.
• At the time of application for conversion of units, require applicants to produce a Tenant Relocation Assistance Plan24 spelling out tenant protections, benefits and required relocation payments for any temporarily or permanently displaced residents.
• Exemptions to the conversion restrictions can be made for conversion of SRO buildings to 100% affordable units for tenants at 50% of AMI or less. However, affordable housing developers need to provide existing tenants with a first right of refusal for new units. Rents for these tenants must be based on their incomes, though rents for their units could reset at 50% of AMI upon turnover. Developers also need to produce the Tenant Relocation Assistance Plan referenced above for any temporarily or permanently displaced tenants.
• If none of the at-risk SROs in a jurisdiction are located within a TOC area, then the jurisdiction must apply this policy jurisdiction-wide.

Submitting Additional Required Documentation
In addition to the standard submission requirements, a jurisdiction must submit documentation of the presence of SRO units owned by private entities other than mission-driven nonprofit organizations that would be protected by the policy.

Preservation Policy 4: Condominium Conversion Restrictions Description from TOC Policy Resolution: Require that units converted to condominiums be replaced 1:1 with comparable rental units, unless purchased by current long-term tenants or converted to permanently affordable housing with protections for existing tenants.

Purpose
The conversion of rental housing to condominiums presents a risk to maintaining a supply of rental housing, which typically serves a wider range of households than ownership units in condominiums. Establishing criteria for the conversion of rental housing to condominiums can help preserve much-needed rental housing stock, reduce the risk of displacement of existing tenants in rental units, and ensure continued 24 Relocation Assistance Plan: A plan outlining the benefits and protections afforded to tenants to minimize displacement and support relocation, including at a minimum: no penalty for the tenant to terminate a lease, payment of tenant reasonable moving expenses, relocation assistance payments in an amount that is at least three times the monthly fair market rent of the unit that the resident is being relocated out of, and tenants that experience temporary displacement must be guaranteed protection against unreasonable rent increases upon returning to their unit.

ATTACHMENT 1

housing stability for tenants who are displaced in the event of conversions. Effective condominium conversion policies will include restrictions on conversion, right to purchase protections and relocation assistance, and the promotion of affordable housing through comparable replacement units.

Relevant State Law
Subdivision Map Act
The Subdivision Map Act (Gov Code 66410-66424.6) requires developers to provide notices of condominium conversion to tenants at every stage of the process.

Requirements for TOC Compliance
To comply with the TOC Policy, a jurisdiction’s condominium conversion policy must meet the following minimum requirements:
• Require 1-for-1 replacement of existing units with comparable rental units, when permitted by law. A program may allow or require replacement units be provided through payment of an in-lieu fee in an amount sufficient to mitigate the loss of rental housing that results from condominium conversions, in accordance with applicable law. Jurisdictions may allow the following exemptions to providing replacement units and/or paying the in-lieu fee:
o Conversions where at least 90% of condominium units are purchased by current tenants.
o Conversions to 100% housing units with long-term affordability restrictions for households earning 120% of AMI or less.
• Provide existing tenants the first right to purchase a unit at the same price offered to the general public consistent with the Subdivision Map Act.25 • At the time of application for conversion of units, require applicants to produce a Tenant Relocation Assistance Plan26 spelling out tenant protections, benefits and required relocation payments for any temporarily or permanently displaced residents.

Submitting Additional Required Documentation
In addition to the standard submission requirements, a jurisdiction must submit:
• A brief written explanation describing how the jurisdiction determined the in-lieu fee amount, including a justification for why the fee is sufficient to mitigate the loss of rental housing.
25 This is a right under the Subdivision Map Act (Gov Code 66410-66424.6). 26 Relocation Assistance Plan: A plan outlining the benefits and protections afforded to tenants to minimize displacement and support relocation, including at a minimum: no penalty for the tenant to terminate a lease, payment of tenant reasonable moving expenses, relocation assistance payments in an amount that is at least three times the monthly fair market rent of the unit that the resident is being relocated out of, and tenants that experience temporary displacement must be guaranteed protection against unreasonable rent increases upon returning to their unit.

ATTACHMENT 1

• If a jurisdiction establishes a preservation funding program that meets requirements for Preservation Policy 1 (Funding to Preserve Unsubsidized Affordable Housing) and/or Preservation Policy 5 (Public/Community Land Trusts), the jurisdiction can use this program to also receive credit for Preservation Policy 6 (Funding to Support Preservation Capacity) if the program additionally has a set aside for capacity building that meets the requirements listed above.

Submitting Additional Required Documentation
In addition to the standard submission requirements, a jurisdiction must submit:
• An explanation for how the jurisdiction determined the amount of funding necessary to maintain project management staffing for the four-year period. • A copy of the program’s eligibility criteria if they are not included in an ordinance or other documents establishing the program.
• Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.”
• A schedule of expected funding allocated to the program over the four-year period.

MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections.

Preservation Policy 7: Mobile Home Preservation
Description from TOC Policy Resolution: Policy or program to preserve mobile homes from conversion to other uses that may result in displacement of existing residents.

Purpose
Mobile home parks provide a distinct type of naturally occurring affordable housing, due to the size of mobile homes, the type of construction, and a unique dynamic where residents typically own their mobile homes but rent the lots under them from mobile home park owners. While state law extends certain protections to mobile home units, mobile home parks are increasingly being acquired by speculative investors for potential future redevelopment. Such market pressures pose displacement risks to mobile home residents, many of whom live on fixed incomes and have limited alternative affordable housing options. Accordingly, a strategy to prevent displacement and promote community stability for mobile home residents is to regulate and limit the conversion of mobile home parks, and support residents and community organizations in purchasing the park to preserve affordability. An effective Mobile Home Preservation policy or program will either limit conversions through zoning rules or provide significant relocation assistance for park residents in the event of a closure.

ATTACHMENT 1

Relevant State Law
Mobile Home Residency Law
The California Mobile Home Residency Law (California Civil Code Section 798 – 799.11) sets rules and regulations for mobile homes, specifically regulating the relationship between landlords and residents. The law states that in the case of a change of use of the park, the management must follow specific noticing requirements and appear before a local governmental board, commission, or body to request permits for a change of use.

Requirements for TOC Compliance
To receive compliance credit for this policy, a jurisdiction must demonstrate there is at least one mobile home park (as defined by California’s Mobile Home Park Act) within the jurisdiction. Due to the heightened vulnerability of mobile home parks and the residents who occupy them, a jurisdiction with an adopted mobile home preservation policy that applies to all mobile home parks may receive credit for this policy even if none of the parks are located within TOC areas. If none of the mobile home parks are located within a TOC area, then the jurisdiction must apply its policy jurisdiction-wide.

To comply with the TOC Policy, a jurisdiction must adopt a mobile home preservation policy that meets the minimum standards for ONE of the following options:

1. Establish a Mobile Home Zoning District or Overlay Zone over existing mobile home parks which limits or prohibits the redevelopment of existing parks. o A jurisdiction may allow 100% affordable housing projects to be considered in this zone, conditionally permitted and after public hearings. If a jurisdiction chooses to do this:
 The policy’s affordability requirements must define affordable units as rental housing available to lower-income households earning 80% of Area Median Income (AMI) or less, and ownership housing to lowerand moderate-income households earning 120% of AMI or less.

Jurisdictions should require deeper levels of affordability where feasible or through offering additional incentives.
 Affordable units must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing or at least 45 years for ownership housing.  The ordinance must provide existing mobile home residents with the right to return to a unit in the new development.

ATTACHMENT 1

A jurisdiction may meet the requirements with existing adopted policies or as needed, adopt new policies by the TOC Policy compliance deadline. At minimum, policies must apply in TOC areas. Jurisdictions may choose to apply policies beyond the TOC area(s), which could include the entirety of the jurisdiction (i.e., adopting a jurisdictionwide policy). See Section 2 of the guidance document for more information about these requirements.

Protection Policy 1: “Just Cause” Eviction
Description from TOC Policy Resolution: Defines the circumstances for evictions, such as nonpayment of rent, violation of lease terms, or permanent removal of a dwelling from the rental market, with provisions that are more protective of tenants than those established by AB 1482 (2019, Chiu).

Purpose
Just cause ordinances prohibit landlords from ending a tenancy or evicting a tenant without a specific reason. Just cause protections are generally intended to shield tenants from arbitrary evictions that may occur due to economic incentives in a competitive rental market, retaliation against specific tenants, or other instances in which tenants are not at fault. Accordingly, research identifies just cause eviction as a policy with high potential to prevent residential displacement.37 Though state law currently provides just cause protections for some tenants, these protections expire in 2030 and do not cover a wide range of tenancies and housing situations. Moreover, in the absence of local just cause policies and local government infrastructure to implement these protections, tenants may be unaware of their rights under state law and how to utilize them. As a result, multiple jurisdictions throughout the Bay Area and across California have adopted local just cause eviction ordinances that go beyond state law to better ensure stability for tenants.

An effective just cause eviction ordinance will clearly define a limited set of recognized causes for eviction, provide protections for a wide range of tenants and most housing situations, and create processes for local implementation.

Relevant State Law
AB 1482 (Tenant Protection Act of 2019) and SB 567 (2023) While some tenants now have just cause eviction protections due to AB 1482 (the Tenant Protection Act of 2019), this law currently has a sunset of January 1, 2030. SB 567 (2023) modified the protections provided by AB 1482 by creating new requirements for landlords seeking to carry out two types of “no-fault” evictions: evictions for substantial remodels of units and owner move-in evictions. SB 567 also makes landlords who violate the Tenant Protection Act liable in civil court for damages and provides mechanisms for the Attorney General, city attorney, or county counsel to enforce the law. 37 Chapple, K. et. al. (2022). Housing Market Interventions and Residential Mobility in the San Francisco Bay Area. Federal Reserve Bank of San Francisco.

ATTACHMENT 1

Requirements for TOC Policy Compliance
To comply with the TOC Policy, a jurisdiction’s just cause ordinance must meet the following minimum requirements:
• The ordinance must not have a sunset date.
• The ordinance must require landlords to file notices of termination of tenancy with a designated local government agency, such as a rent program/board or other city department.
• The ordinance must make the failure to file these notices with a designated agency an affirmative defense for a tenant in an eviction case.

Additionally, the ordinance must also expand on other aspects of statewide just cause protections in at least ONE of the following ways:

1. Limit the legally recognized causes for eviction: The “at-fault” and “no-fault” just causes for eviction allowed by state law can be found in California Civil Code Section 1946.2(b). If choosing this option, a jurisdiction’s just cause policy must include fewer just causes for eviction or define them with greater restrictions to increase protections for tenants.

2. Expand the types of housing and tenancies covered by just cause protections: The protections provided by state law only apply after all tenants have lived in the unit for 12 months, or where at least one tenant has occupied the unit for 24 months. Additionally, California Civil Code Section 1946.2(e) exempts several unit types from these protections. If choosing this option, a jurisdiction’s just cause policy must provide protections to a wider range of tenants and housing types, with the possibility of applying these protections to all renters in the jurisdiction and/or with no minimum period of tenancy to qualify.

Protection Policy 2: No Net Loss and Right to Return to Demolished Homes
Description from TOC Policy Resolution: Include the no net loss provisions currently outlined in SB 330 (2019, Skinner) without a sunset date. Require one-to-one replacement of units that applies the same or a deeper level of affordability, the same number of bedrooms and bathrooms, and comparable square footage to the units demolished. Provide displaced tenants with right of first refusal to rent new comparable units at the same rent as demolished units.

Purpose
The Housing Crisis Act of 2019 was established by SB 330 (2019) and amended by SB 8 (2021). The no net loss provisions in the Housing Crisis Act prevent development projects that require demolition of existing residential structures from reducing the overall housing stock and supply of affordable housing. These provisions create safeguards to ensure that new development increases the housing supply and ATTACHMENT 1

o While rental funds are in escrow, the landlord can request access to them only for repairs, tenant relocation assistance, and other qualifying expenses. o The rental escrow program must clearly define the circumstances in which a tenant can safely withhold or reduce rent without fear of eviction.

3. Require landlords to complete a tenant habitability plan as part of the permitting process for repairs to address code issues.
o The plan must describe how the landlord will maintain habitability for the tenant and any adjacent units while repairs are being performed. o If the tenant needs to be relocated for repairs, the plan discusses how the landlord will assist with temporary relocation, which must include offering a nearby available unit at same rent (if landlord owns other properties), paying for moving expenses, and providing relocation assistance to pay for the cost of temporary housing.
o The tenant has the right to reoccupy the unit after repairs are complete.

Submitting Additional Required Documentation
In addition to the standard submission requirements, a jurisdiction must submit:
• The rehabilitation grant/loan program’s eligibility requirements and financing terms if a jurisdiction is selecting this option.
• A template of the tenant habitability plan or a document outlining details that must be included in such a plan.

Protection Policy 8: Tenant Relocation Assistance
Description from TOC Policy Resolution: Policy or program that provides relocation assistance (financial and/or other services) to tenants displaced through no fault of their own, with assistance exceeding that required under state law.

Purpose
Relocation assistance can prevent undue burden and hardship for renters in the Bay Area’s high-cost housing market. The majority of Bay Area tenants are lower-income, making less than 80% of Area Median Income (AMI), while nearly one-quarter of the region’s renters are extremely low-income and make less than 30% of AMI.54 Consequently, most tenants are likely to require financial assistance to regain stability if they are displaced from their current housing due to demolition, code enforcement violations, no-fault or no-cause evictions, or other circumstances outside of their control.

An effective relocation assistance policy includes clear definitions of tenant eligibility and required minimum compensation from landlord.
54 U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release.

ATTACHMENT 1

Relevant State Laws
Multiple state laws govern situations that require property owners to provide tenants with relocation assistance, including the following:
• Tenant Protection Act of 2019 (AB 1482)
• California Government Code Sections 7260-7277
• Housing Crisis Act of 2019, established by SB 330 (2019) and amended by SB 8 (2021)
• California Health and Safety Code Sections 17975-17975.10 Requirements for TOC Policy Compliance
To comply with the TOC Policy, a jurisdiction’s relocation assistance policy must meet the following minimum requirements:
• Landlords must make relocation payments for all no-cause or no-fault evictions.55 • Jurisdictions can choose to limit assistance to lower-income tenants (those at 80% of AMI or less) or lower- and moderate-income tenants (those at 120% of AMI or less).
• The amount of relocation assistance must be equal to at least three months’ fair market rent, unless another law (e.g., local, state, federal) requires a higher minimum amount.

Protection Policy 9: Mobile Home Rent Stabilization
Description from TOC Policy Resolution: Restricts annual rent increases on mobile home residents based upon a measure of inflation or another metric.

Purpose
A mobile home rent stabilization policy can help protect the affordability and stability of mobile home communities. Mobile home parks are often a unique hybrid of rental housing and ownership housing: residents typically own their homes and rent the lots where the homes are located, which generally enables mobile homes to be purchased at much lower prices than other forms of homeownership. In some cases, a mobile home resident rents the actual mobile home, either from the mobile home owner or the mobile home park. Despite their name, mobile homes are rarely able to be moved off their lots, and so an unaffordable increase in lot rent could force the sale of the mobile home and displacement of the residents. In some communities, mobile home parks comprise a significant portion of unsubsidized affordable housing, and these neighborhoods are 55 No-fault evictions can occur for tenants covered by just cause eviction protections under state law (i.e., AB 1482) or local ordinances, and these no-fault circumstances are defined by the terms of these laws.

For tenants who are not covered by just cause eviction protections under state law or local ordinances, no-cause evictions occur when a landlord chooses not to renew an annual lease or provides a notice to terminate the tenancy that is not required to state a reason.

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compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections.

Protection Policy 11: Tenant Anti-Harassment Protections Description from TOC Policy Resolution: Policy or program that grants tenants legal protection from unreasonable, abusive, or coercive landlord behavior.

Purpose
Despite existing state law prohibiting landlords from using threats or intimidation for the purpose of influencing tenants to vacate a unit, landlord harassment continues to be an issue of concern and driver of informal evictions in many communities across the Bay Area. State law lacks specific language defining harassing behavior, which can make violations difficult to prove in court. As a result, multiple jurisdictions throughout the Bay Area and across California have adopted anti-harassment ordinances that go beyond state law to better ensure stability for vulnerable tenants.62 Informal evictions through tenant harassment are a persistent problem for low-income, undocumented, and/or limited English-speaking residents because these populations are especially vulnerable to landlord actions.63 Anti-harassment ordinances can reduce such displacement pressures by clarifying what constitutes harassment and enabling affected tenants as well as jurisdictions to stop harassment. Anti-harassment policies can also support habitability improvements by reducing the risk of retaliation against tenants who report habitability issues to landlords, thereby improving the quality of housing. An effective tenant anti-harassment ordinance defines prohibited harassing behaviors and mechanisms for enforcement.

Relevant State Laws
California Civil Code Section 1940.2
State law prohibits a landlord from using “force, willful threats, or menacing conduct” to influence a tenant to vacate a dwelling. The law also prohibits a landlord from threatening to disclose information regarding the immigration or citizenship status of a tenant. Tenants are entitled to up to $2,000 per violation if they prevail in a civil action. 62 Mercury News article from June 15, 2022, reporting on tenant harassment in Concord and the ordinance passed in response by the City Council. East Bay Times article from July 13, 2021, reporting on tenant harassment in Richmond and the ordinance passed in response by the City Council. 63 Desmond, M. (2012) Eviction and the Reproduction of Urban Poverty. AJS: 118(1) 88-133; Desmond, M. C. Gershenson, and B. Kiviat (2016) Forced Relocation and Residential Instability among Urban Renters. Social Service Review 89 (2). Greenberg, D. C. Gershenson and M. Desmond (2016) Discrimination in Evictions: Empirical Evidence and Legal Challenges. Harvard Civil Rights-Civil Liberties Law Review 51: 115-158.

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California Civil Code Section 1942.5
State law prohibits a landlord from retaliating against a tenant for exercising their legal rights. Landlords who violate this prohibition are liable for actual damages, attorney’s fees, and punitive damages of up to $2,000 per retaliatory act.

Requirements for TOC Policy Compliance
To comply with the TOC Policy, a jurisdiction’s tenant anti-harassment policy must meet the following minimum requirements:
• The tenant anti-harassment policy must define harassing behaviors, which at minimum shall include behaviors prohibited by state law as well as the following:
o Any behavior to prevent tenant organizing. Landlords may not impinge tenants’ ability to engage in organizing activities regarding issues of common interest or concern to other tenants, including unreasonable restrictions on distributing literature to and/or meeting with other residents at properties owned by the same landlord.
o Refusal to accept or acknowledge receipt of a tenant's lawful rent payment. o Requesting information or documentation relating to immigration or citizenship status, unless otherwise required by federal law. o Failing to perform repairs or maintenance or threatening to fail to perform repairs or maintenance required by contract or by state, county, or local housing, health, or safety laws.
• The policy must state that the city or county attorney as well as the impacted tenant may bring a civil action or request an injunction in response to harassment. • The policy must establish penalties for landlords found to be in violation, including fines, attorneys' fees, and punitive damages. The policy shall also define a violation of the ordinance as an affirmative defense for a tenant in an eviction proceeding.
• The policy must establish noticing requirements for landlords to provide each tenant with an information sheet outlining anti-harassment protections and any other tenant protections in the jurisdiction (e.g., rent stabilization, just cause, relocation assistance). The sheet must include links to the city website and at least one local tenant legal services organization.

IV. Commercial Stabilization Policy Options
To comply with the TOC Policy, a jurisdiction must adopt at least one of the commercial stabilization policies listed below:
• Commercial Stabilization Policy 1: Small Business and Non-Profit Overlay Zone • Commercial Stabilization Policy 2: Small Business and Non-Profit Preference Policy
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13. 17.30.045 - Residential condominium conversions—Use permit submittal requirements.

A use permit shall be required for residential condominium conversions. The application for a use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall include, in addition to the requirements in Section 17.30.040, the following information:

A building history report, including the following:

The date of construction of all elements of the project, A statement of the major uses of the project since construction, The date and description of each major repair or renovation of any element since the date of construction,
The name and address of each present tenant of the project, In the event that any of the information in subsections A through D cannot be provided, an affidavit or declaration setting forth in detail all efforts undertaken to discover such information and reasons why the information cannot be obtained; A property inspection report prepared by a licensed civil engineer, structural engineer, architect, general building contractor and/or general engineering contractor, determining the level of current building and fire code compliance for and describing the condition and estimating the useful life of each of the following elements of each structure within the project:

Foundations,
Structural elements,
Interior walls, ceilings and floors (inspected for termite, dry rot or water damage, including toxic mold),
Roofs,
Drainage systems,
Exterior sidings and finishes,
Paved surfaces,
Mechanical systems,
Electrical systems,
Plumbing systems, including sewer systems,
Landscaping,
Sprinkler systems for landscaping,
Utility delivery systems,
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16. 17.

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5. Central or community heating and air conditioning systems, Fire protection systems, including any automatic sprinkler systems, Alarm systems and property security in general,
Smoke detectors and any required carbon monoxide alarms, Standpipe systems;
Written certification from a licensed appliance repair contractor on the working condition of all private and common appliances and mechanical equipment; Written certification from a licensed painting contractor on the condition of all exterior painted surfaces;
Written certification from a licensed roofing contractor on the condition of all roofs; A structural pest control report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code; An acoustical test data report on the noise attenuation characteristics of existing party walls, floors and ceilings prepared by a licensed acoustical consultant, based upon a representative sampling of the units, identifying any current building code standards for exterior and interior noise transmission that cannot be met;
A summary of average rents for each bedroom type of rental unit, and a detailed unit history containing the following information:

Location of unit,
Number of rooms,
Size of unit in square feet,
Rental rate during two (2) years preceding the date of submittal of the application, indicating dates of rental rate increases,
Duration of occupancy of present tenants;
A housing and tenant relocation report prepared by a qualified consultant approved by the planning director, containing the following information:

The number of multiple dwelling rental units which will remain after the conversion, The nature and type of relocation assistance proposed by the applicant, including financial assistance and the provision of alternative housing facilities, including relocation programs,
Vacancy information in rental units and the availability thereof within the City of Brisbane, The proposed schedule of meetings which the applicant plans or proposes to hold with tenants to explain the application and its ramifications to the tenants, The proposed phasing or timing schedule of conversion and sale of units, ATTACHMENT 6 ATTACHMENT 1

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Whether existing tenants will be given any discount from otherwise applicable sales prices,
Any plan for temporary displacement of tenants who purchase units, A description of the demographic composition of the tenants, including information on age, persons per unit, persons over age sixty-two (62), number of permanent disabled persons, and tenure per unit,
Suitable proof of compliance with the residential tenant notification requirements in Government Code Sections 66452.17 and 66452.18.
(Ord. No. 612, § 13, 12-8-16)

17.30.050 - Condominium conversion—Notice.

In addition to the requirements set forth in Chapter 17.54, notice shall be given to the residential tenants in any building proposed to be converted to condominiums, concurrent with the notice required by Section 16.16.190(D) of Title 16, Subdivisions.

Copies of the staff report for condominium conversion applications shall be sent to the residential tenants of the subject building, as well as to the applicant, per Government Code Section 66452.3.
(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 14, 12-8-16)

17.30.060 - Condominium conversion—Findings.

In addition to the findings required for the granting of a use permit as set forth in Section 17.40.060, no use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall be granted unless the planning commission also finds and determines that:

The condominium conversion will not adversely affect the rental market by not reducing the residential rental vacancy rate to less than five percent (5%); or The condominium conversion will provide unique housing opportunities for very-low-, lowand/or moderate-income households, not currently found among comparable market-rate condominium units, that exceed the requirements of the municipal code's basic inclusionary requirement by providing one more affordable unit than required in Section 17.31.030(B)(3), based upon proposed sales prices, financing and projected monthly dues, in addition to other factors as determined by the planning commission. For example, if comparable market-rate units are currently not affordable to moderate-income households at an affordable ownership cost as defined in Section 17.31.010(A)(1), the project will include more units affordable to moderate-income households than would be required, and for projects of five (5) or fewer units, which would not be subject to the inclusionary requirement, at least one unit affordable to moderate-income households would be provided. If comparable marketATTACHMENT 6 ATTACHMENT 1

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B.

A.

B.
rate units are currently affordable to moderate-income households, the project will include more units affordable to low-income households at an affordable ownership cost as defined in Section 17.31.010(A)(2) than would be required, and for projects of five (5) or fewer units, which would not be subject to the inclusionary requirement, at least one unit affordable to low-income households would be provided. (Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 15, 12-8-16)

17.30.070 - Action by planning commission—Mandatory conditions.

The planning commission may either grant or deny the application for the condominium design permit or use permit. If granted, the planning commission may impose such conditions and requirements as it deems appropriate in order to make all of the use permit findings prescribed in Section 17.30.060 or design permit findings prescribed in Section 17.42.040. In addition, the following mandatory conditions shall be included in every condominium design permit or use permit, as applicable:

The required off-street parking spaces, excluding any guest parking spaces, shall be assigned to and included in the ownership of each individual condominium unit and shall not be sold or transferred except with the sale of such unit.

For residential condominium conversions (including conversion of a mixed-use development with residential units), any hazardous and unsafe conditions identified through the inspection required per Section 17.30.045(B) shall be corrected prior to the first sale of any of the converted units.
(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 16, 12-8-16)

17.30.080 - Condominium conversion—Appeals.

Any decision or determination made by the planning commission pursuant to this chapter for a condominium conversion use permit may be appealed to the city council in accordance with the procedures set forth in Sections 17.52.010 and 17.52.020 of this title, except that the appeal shall be filed within ten (10) calendar days after the date on which the decision or determination is rendered, consistent with Section 16.44.020 and Government Code Section 66452.5.

Notice of any appeal regarding a use permit for residential condominium conversions (including conversion of a mixed-use development with residential units) shall be given to residential tenants of the building subject to the proposed condominium conversion, consistent with Section

16.44.050(B)(3) and Government Code Section 66452.5.
(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 17, 12-8-16) ATTACHMENT 6 ATTACHMENT 1

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Draft Condo Conversion Ordinance
Chapter 17.30 - CONDOMINIUMS[6]

17.30.010 - Purposes of chapter.

The purpose of this chapter is to regulate the development of new residential, commercial and mixed-use condominiums and the conversion of existing units to such condominiums, with the objectives of encouraging local equity ownership, while discouraging the conversion of existing rental housing to condominiums or cooperatives unless it is demonstrated that such conversions would not adversely affect the rental market or would provide unique housing opportunities for very-low, low- and/or moderate-income households, in addition to the objectives set forth in Section 17.01.030.
(Ord. No. 566, § 12, 10-7-13)

17.30.015 – Definitions
The following definitions apply for the purposes of this Chapter.

A. "Affordable sales price" means the maximum purchase price that will be affordable to a moderate-income household at the specified income level, as specified in Health & Safety Code Section 50052.5. The purchase price shall be based on a reasonable down payment and monthly housing payments (including interest, principal, mortgage insurance, property taxes, homeowners insurance, homeowners association dues, and a reasonable allowance for utilities and for property maintenance and repairs), all as specified by the City.

B. "Area median income" means the median income, adjusted for family size, applicable to County of San Mateo as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

C. "Condominium conversion" means the conversion of dwelling units that cannot be sold individually into a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code; a community apartment project, as defined in Section 11004 of the Business and Professions Code; or a condominium, as defined in Section 783 of the Civil Code, or into any other ownership type in which the dwelling units may be sold individually.

D. "In-lieu fee" shall mean a fee in the amount that provides the local share of subsidy for construction of one income-restricted rental unit serving lower income households.

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E. "Lower income households" are those households whose income does not exceed 80 percent of area median income.

F. "Moderate income households" are those households whose income does not exceed 120 percent of area median income.

G. "Rental replacement plan" shall mean a plan to mitigate the loss of rental housing by replacing a converted unit with a comparable rental unit, as described in Section 6(A)(1); paying an in-lieu fee, as described in Section 6(A)(2); or meeting the requirements for an exemption, as described in Section 6(A)(3).

17.30.020 - Applicability.

A. New Construction. Construction of new condominium projects containing three or more units shall be subject to the development standards set forth in Section 17.30.030 and design permit requirement set forth in Section 17.30.040 of this chapter.

B. Residential Condominium Conversions. Before the conversion of any existing structure to condominiums, the developer, builder or other person seeking to convert the existing structure shall first obtain from the planning commission a use permit pursuant to the provisions of Chapter 17.40 and Section 17.30.045 of this chapter.

Residential condominium conversions include conversion of a mixed-use development with residential units.
(Ord. No. 612, § 11, 12-8-16)
Editor's note— Ord. No. 612, § 11, adopted December 8, 2016, amended § 17.30.020 in its entirety to read as herein set out. Former § 17.30.020, pertained to use permit required, and derived from Ord. No. 566, adopted October 7, 2013.

17.30.030 - Development standards.

A. The following development regulations shall apply to all newly-constructed condominiums and condominium conversions for residential and/or commercial occupancies:

1. Regulations governing the use, building height, required yards, building separation, signs, off-street parking, and other explicit regulations, where applicable and where not governed by the provisions of this chapter, shall be those of the district within which the development is located.

2. The maximum allowable density in any residential condominium shall be the density specified for the district in which the condominium is located.

3.Separate and independent water, sewer, electrical, gas, and telecommunications systems shall be provided for each unit. Exceptions may be approved by the planning commission when the applicant satisfactorily demonstrates, through the provision of

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adequate CC&Rs and/or other appropriate measures, that the benefits of shared utilities/facilities outweigh the detriments for the project, in terms of the arrangement (side-by-side versus stacked) and/or number of units proposed.

B. The following development regulations shall apply to newly-constructed residential condominiums and residential condominium conversions (including residential units in mixed-use developments):

1. All permanent mechanical equipment, such as motors, compressors, pumps and compactors that could be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators.

2. Either washer and drier hookups shall be provided for each unit or one washer and one drier shall be installed in a laundry room for every three (3) units.

3. One hundred twenty-five (125) cubic feet of enclosed storage area shall be provided for each unit.

4. Outdoor areas shall be provided for active or passive recreational use for a total combined area equal to four hundred (400) square feet per unit. Such areas may include decks, patios, lawns with a slope not exceeding ten percent (10%), and landscaped areas accessed with walkways and provided with permanent seating, but shall not include walkways that serve as the required means of egress. Such areas may be for use in common or dedicated to private use. Exceptions may be approved by the planning commission if adequate alternatives are proposed on site or available in the vicinity.
(Ord. No. 566, § 12, 10-7-13)

17.30.040 - New condominiums—Design permit submittal requirements.

A design permit shall be required for newly constructed condominium projects containing three or more units, subject to the procedures established in Chapter 17.42.

Condominium design permit applications shall be accompanied by the following materials:

A. A map to a workable scale, showing the site in relation to surrounding property, existing roads and other existing improvements;
B. A site plan, showing existing and proposed improvements, locations of buildings on the ground, orientation of buildings, utilities, public services, public facilities, streets and alleys, landscaping, and the boundaries of the projects, including the details necessary to demonstrate compliance with the applicable development standards per Section 17.30.030;
C. Drawings showing how airspace is to be divided within the condominium consistent with the requirements for a "condominium plan" per California Civil Code Section 4285;

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D. Application for tentative parcel or subdivision map approval, including a copy of the tentative parcel or subdivision map, unless a map waiver is processed per Section 16.12.050 or Section 16.12.025 of Title 16, Subdivisions.

E. Project plans demonstrating compliance with Section 17.30.030 of this chapter and the development regulations of the zoning district in which the property is located; F. A copy of the proposed declaration of restrictions (for condominium projects with unitowners associations), or maintenance agreement (for smaller condominium projects without unit-owners associations) as required by the provisions of the Civil Code of the state, including the following:

1. A requirement for binding arbitration for tie votes;

2. Provisions addressing property, general liability, earthquake and flood insurance responsibilities;

3. Provisions addressing maintenance responsibilities for roof, gutters, sidewalks, painting, landscaping, any habitat areas subject to the San Bruno Mountain Area Habitat Conservation Plan, and other common area improvements (including timing of maintenance items and method to apportion costs);

4. Provisions for the reconstruction of the project in accordance with codes in effect at the time of such reconstruction, in the event of the destruction of the condominium project;

5. A provision specifying that the City of Brisbane is named as a third-party beneficiary for enforcement purposes, if recommended by the city attorney; and G. Any information deemed necessary or desirable in assisting the commission in its determinations.
(Ord. No. 612, § 12, 12-8-16)
Editor's note— Ord. No. 612, § 12, adopted December 8, 2016, amended § 17.30.040 in its entirety to read as herein set out. Former § 17.30.040, pertained to application for condominium use permit, and derived from Ord. No. 566, adopted October 7, 2013.

17.30.045 - Residential condominium conversions—Use permit submittal requirements.

No condominium conversion shall be permitted unless a conditional use permit is approved pursuant to the provisions of this Chapter and Section XX of this Code.

Condominium conversions shall also require a tentative and final map pursuant to Title XX of this Code and shall be subject to all applicable provisions of the Subdivision Map Act, Title XX of this Code, and all other applicable state and local laws and ordinances.

Provisions for notice, hearing, and appeal shall be as specified in Title 17.30.040 of this Code for conditional use permits and tentative maps, respectively, and by the Subdivision Map Act.

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The application for a use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall include, in addition to the requirements in Section 17.30.040, the following information:

A. A building history report, including the following:

1. The date of construction of all elements of the project,

2. A statement of the major uses of the project since construction,

3. The date and description of each major repair or renovation of any element since the date of construction,

4. In the event that any of the information in subsections 1 through 3 cannot be provided, an affidavit or declaration setting forth in detail all efforts undertaken to discover such information and reasons why the information cannot be obtained; B. A property inspection report prepared by a licensed civil engineer, structural engineer, architect, general building contractor and/or general engineering contractor, determining the level of current building and fire code compliance for and describing the condition and estimating the useful life of each of the following elements of each structure within the project:

1. Foundations,

2. Structural elements,

3. Interior walls, ceilings and floors (inspected for termite, dry rot or water damage, including toxic mold),

4. Roofs,

5. Drainage systems,

6. Exterior sidings and finishes,

7. Paved surfaces,

8. Mechanical systems,

9. Electrical systems,

10. Plumbing systems, including sewer systems,

11. Landscaping,

12. Sprinkler systems for landscaping,

13. Utility delivery systems,

14. Central or community heating and air conditioning systems,

15. Fire protection systems, including any automatic sprinkler systems,

16. Alarm systems and property security in general,

17. Smoke detectors and any required carbon monoxide alarms,

18. Standpipe systems;
C. Written certification from a licensed appliance repair contractor on the working condition of all private and common appliances and mechanical equipment;

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D. Written certification from a licensed painting contractor on the condition of all exterior painted surfaces;
E. Written certification from a licensed roofing contractor on the condition of all roofs; F. A structural pest control report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code; G. An acoustical test data report on the noise attenuation characteristics of existing party walls, floors and ceilings prepared by a licensed acoustical consultant, based upon a representative sampling of the units, identifying any current building code standards for exterior and interior noise transmission that cannot be met; H. Tenant Relocation Assistance Plan. A Tenant Relocation Assistance Plan shall be submitted as part of the conditional use permit application. The Tenant Relocation Assistance Plan shall include tenant protections and benefits to minimize displacement and support relocation, including, but not limited to, the following:

No penalty for the tenant to terminate a lease;

2. Payment of tenant moving expenses;

3. Relocation assistance payments in an amount that is at least three (3) times the monthly fair market rent of the unit that the tenant is being relocated out of; and

4. For temporarily displaced tenants, payment of moving expenses and all other costs of the temporary relocation and no rent increase upon returning to their unit.

The Tenant Relocation Assistance Plan, prepared by a qualified consultant approved by the planning director, shall include the following information:

A summary of average rents for each bedroom type of rental unit, and a detailed unit history containing the following information:

1.Name and address of the current tenants

2. Location of unit,

3. Number of rooms,

4. Size of unit in square feet,

5. Rental rate during two (2) years preceding the date of submittal of the application, indicating dates of rental rate increases,

6. Duration of occupancy of present tenants;

1. The number of multiple dwelling rental units which will remain after the conversion,

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2. The nature and type of relocation assistance proposed by the applicant, including financial assistance and the provision of alternative housing facilities, including relocation programs,

3. Vacancy information in rental units and the availability thereof within the City of Brisbane,

4. The proposed schedule of meetings which the applicant plans or proposes to hold with tenants to explain the application and its ramifications to the tenants,

5. The proposed phasing or timing schedule of conversion and sale of units,

6. Whether existing tenants will be given any discount from otherwise applicable sales prices,

7. Any plan for temporary displacement of tenants who purchase units,

8. A description of the demographic composition of the tenants, including information on age, persons per unit, persons over age sixty-two (62), number of permanent disabled persons, and tenure per unit,

9. 9Suitable proof of compliance with the residential tenant notification requirements in Government Code Sections 66452.17 and 66452.18.

10.I. Rental Replacement Plan as described in Section 17.030.045.

17.30.45 - Eligibility Requirement
A. Rental Replacement Plan. A rental replacement plan shall be submitted that meets one of the following requirements:

1. One-for-One Replacement. An applicant may replace a converted unit by adding a rental unit within the City that is comparable in number of bedrooms and square footage. Replacement may be achieved by:
a. New construction of rental dwelling units;
b. Increasing the number of units in an existing residential rental building; or c. Converting a nonresidential building to residential rental units.

The one-for-one replacement plan shall provide evidence that the replacement rental units have received all required planning approvals and that the developer of the replacement rental units has agreed to record a deed restriction preventing the replacement units from receiving approval for a condominium conversion. A final map for the condominium conversion shall not be approved until the replacement rental units have been completed and have received a final inspection or certificate of occupancy, as applicable.

2. In-Lieu Fees. The purpose of the in-lieu fee is to mitigate the loss of rental housing that results from condominium conversions when an applicant cannot add comparable units to the City’s housing stock. The in-lieu fee shall be established and may be amended from time to time by resolution of the City Council in an amount sufficient to mitigate the loss of rental housing that results from condominium

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conversions which shall not exceed the average local share of subsidy for construction of one income-restricted rental unit serving lower income households.

The in-lieu fee shall be paid as a condition of final map approval.

3. Exemptions. Condominium conversions meeting at least one of the following standards are not required to provide one-for-one replacement rental units or pay inlieu fees. The rental replacement plan shall demonstrate that the proposed condominium conversion meets the requirements for one of the following exemptions:
a. Sale to Current Tenants. Current tenants will purchase at least 90 percent of the units to be converted to condominiums. To demonstrate eligibility for this exemption, the applicant shall provide a list of all current tenants, the proposed sales prices, and written evidence from current tenants indicating their intent to purchase the units at the proposed sales price. If, upon offering the units for sale, fewer than 90 percent of units are purchased by current tenants the applicant shall pay an in-lieu fee for each converted unit resulting in fewer than 90 percent of the units being sold to current tenants. b. Conversion to Moderate or Lower Income Housing. All of the converted dwelling units, with the exception of any manager's units, will be sold at affordable housing cost to moderate or lower income households. To demonstrate eligibility for this exemption, the applicant shall provide proposed sales prices. The applicant shall enter into an affordable housing agreement with the City in a form acceptable to [the city attorney/county counsel] requiring the continued affordability of the units for a minimum of forty-five (45) years or a longer period of time if required by financing received for the condominium conversion. The executed affordable housing agreement shall be recorded against the property proposed for conversion prior to final or parcel map approval and prior to issuance of any construction permit, whichever occurs first. The affordable housing agreement shall be binding on all future owners and successors in interest.

B. First Right to Purchase. Consistent with Government Code Section 66427.1, the applicant shall provide each tenant with an exclusive first right to contract for the purchase of the tenant's unit at a price no greater than the price offered to the general public, or on more favorable terms to the tenant pursuant to Government Code Section 66452.20. The exclusive first right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of the tenant's intention not to exercise the right.

C. Requirements for Deed Restricted Units

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a. Applicability. The requirements of this section apply to deed restricted units where the City is a party to the deed restriction, resulting from any of the following:

1. Deed restricted units created as a result of the City’s Inclusionary Housing Ordinance established in Chapter 17.31 of the Municipal Code.

2. Deed restricted united created through the Density Bonus Program set forth in Chapter 17.29 of the Municipal Code and in California law.

3. Deed restricted units created pursuant to the terms of a development agreement and any resulting Affordable Housing Agreement.

4. Where the City has imposed a deed restriction on a 100% Affordable Development because of zoning requirements or where the City has provided funding, waived certain fees, or provided public land,
b. Notice to City. The owner of the unit shall inform the City no less than one year before the legal conversion of the unit is to take place.
c. Unit Condition. The deed restricted unit must be in good physical condition as evidenced by a home inspection paid for by the owner and performed by a statelicensed and independent third party. The inspection should identify and describe physical deficiencies that could affect the health and safety, soundness, or structural integrity of the unit or inhabitants. All reported deficiencies that pose health and safety hazard or are the direct result of deferred maintenance must be corrected by the owner prior to final approval of the conversion.
d, Renter Right to Purchase. Unit owners must offer the opportunity to purchase the deed restricted unit to the existing tenant before it is marketed for sale to the public. Existing tenants have at least one year from the time of official notice from the owner to exercise the right to purchase. The sales price for the existing tenant shall be the Affordable Sales Price, set in accordance with the designated income limit of the unit, The gross annual household income of the tenant at the time of purchase shall not exceed the units’ designated income maximum.
e. Sale to Other Qualified Affordable Applicant. If the existing tenant decides not to purchase the deed restricted unit, it will be priced in accordance with section d. above.

The owner and the City shall sign a new marketing plan, adhering to any marketing and lottery requirements outlined by City approved guidelines. The gross annual household income of the purchaser at the time of purchase shall not exceed the units’ designated income maximum
f. Relocation Allowance. If the existing tenant decides not to purchase the Affordable Homeownership Unit, the rental owner shall provide a relocation allowance to the current tenant that complies with relocation allowances equal to six months of the maximum rent allowed for the unit.

17.30.050 - Condominium conversion—Notice.

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A. In addition to the requirements set forth in Chapter 17.54, notice shall be given to the residential tenants in any building proposed to be converted to condominiums, concurrent with the notice required by Section 16.16.190(D) of Title 16, Subdivisions.

B. Copies of the staff report for condominium conversion applications shall be sent to the residential tenants of the subject building, as well as to the applicant, per Government Code Section 66452.3.
(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 14, 12-8-16)

17.30.060 - Condominium conversion—Findings.

In addition to the findings required for the granting of a use permit as set forth in Section 17.40.060, no use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall be granted unless the planning commission also finds and determines that:

A. The condominium conversion complies with the one-for-one replacement requirements of Section 6(A)(1), the in-lieu fee requirements of Section 6(A)(2) or qualifies for an exemption under Section 6(A)(3), as applicable.

B. The submitted Tenant Relocation Assistance Plan contains all required provisions under Section 5(A).

C. The condominium conversion conforms to all provisions of this Chapter. (Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 15, 12-8-16)

17.30.070 - Action by planning commission—Mandatory conditions.

The planning commission may either grant or deny the application for the condominium design permit or use permit. If granted, the planning commission may impose such conditions and requirements as it deems appropriate in order to make all of the use permit findings prescribed in Section 17.30.060 or design permit findings prescribed in Section 17.42.040. In addition, the following mandatory conditions shall be included in every condominium design permit or use permit, as applicable:

A. The required off-street parking spaces, excluding any guest parking spaces, shall be assigned to and included in the ownership of each individual condominium unit and shall not be sold or transferred except with the sale of such unit.

B. For residential condominium conversions (including conversion of a mixed-use development with residential units), any hazardous and unsafe conditions identified through the inspection required per Section 17.30.045(B) shall be corrected prior to the first sale of any of the converted units.
(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 16, 12-8-16)

17.30.080 - Condominium conversion—Appeals.

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A. Any decision or determination made by the planning commission pursuant to this chapter for a condominium conversion use permit may be appealed to the city council in accordance with the procedures set forth in Sections 17.52.010 and 17.52.020 of this title, except that the appeal shall be filed within ten (10) calendar days after the date on which the decision or determination is rendered, consistent with Section 16.44.020 and Government Code Section 66452.5.

B. Notice of any appeal regarding a use permit for residential condominium conversions (including conversion of a mixed-use development with residential units) shall be given to residential tenants of the building subject to the proposed condominium conversion, consistent with Section 16.44.050(B)(3) and Government Code Section 66452.5. (Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 17, 12-8-16)

17.30.090 – Implementing Regulations
The City Manager shall be permitted to adopt all implementing rules, regulations, and procedures in furtherance of this Chapter.

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Mobile Home Preservation Ordinance

17.02.545 - Mobilehome—Mobilehome park.

A. "Mobilehome" means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein.

Campers, motor homes, and similar recreational vehicles are not considered to be mobilehomes.

MTC-TOC Definition:
"Mobilehome" means a structure that is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

B. "Mobilehome park" means a site containing spaces with required improvements and utilities that are leased for the long-term placement of two (2) or more mobilehomes and may include services and common facilities for the residents.

MTC-TOC Definition:
"Mobilehome Park" is an area of land where two or more Mobilehome Lots are rented, or held out for rent, to accommodate Mobilehomes used for human habitation.

Chapter 17.11 R-MHP RESIDENTIAL MOBILE HOME PARK DISTRICT

17.11.090 Mobile home park conversion, closure, or cessation.

The conversion of a mobile home park to another use, the closure of a mobile home park or the cessation of use of land as a mobile home park shall be subject to the granting of a use permit pursuant to Chapter 17.40 of this title. Closure or cessation of use of a mobile home park resulting from an adjudication of bankruptcy shall be exempt from this requirement.

A. The application for a use permit shall be accompanied by:

1. Proof of compliance with the notification requirements of California Government Code Sections 65863.7(b) and 65863.8 and California Civil Code Section 798.56(g)(1), as may be amended, via certified mail to the residents of each mobile home in the mobile home park.

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2. A report on the impact of the conversion/closure/cessation upon the displaced residents of the mobile home park consistent with the requirements of California Government Code Section 65863.7, as may be amended, addressing the availability of adequate replacement housing in mobile home parks and the potential costs of relocation, and proposing steps to mitigate the identified impacts. The impact report must include a “resident relocation assistance plan” with which the project proponent must comply. The resident relocation assistance plan must identify each mobilehome space and whether the space is vacant or occupied by a mobilehome. Where there is a mobilehome, it should spell out whether the mobilehome is owned by the Applicant, the mobilehome resident, or a third party, the current space rent, mobilehome rent (if any), and any additional, recurring fees or charges assessed by the Applicant on the mobilehome resident. The resident relocation assistance plan shall incorporate tenant protections and benefits to minimize displacement and support relocation, including, but not limited to, the following:
a. The Mobilehome Resident may terminate a lease after notice of the proposed Mobilehome Park Closure without penalty;
b. Payment of the following by the applicant:
• Resident moving expenses;
• Relocation assistance payments in an amount that is at least three (3) times the monthly fair market rent of a housing unit comparable in size to the Mobilehome that the Mobilehome Resident is being relocated out of; and
• The in-place market value of the Mobilehome if Mobilehome Residents cannot obtain adequate housing in another
Mobilehome Park.

B. At least 60 days prior to appearing before the Planning Commission to request approval of the application for a Mobilehome Park Closure, the following must be provided to Mobilehome Residents:

1. Written notice that the project proponent is requesting a closure and the date of the public hearing.

2. A copy of the impact report.

C. If the proposed Mobilehome Park Closure results in the termination of a Mobilehome Lot tenancy, after the City approves the application for Mobilehome

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Park Closure, at least twelve months prior to closure the Management must give Mobilehome Residents a written notice of termination of tenancy and a copy of the impact report. The notice requirements for termination of a Mobilehome Lot tenancy must meet the requirements of Civil Code sections 798.56 and 798.57.

D. If a person applies for residency in the Mobilehome Park after a project proponent has submitted an application for a Mobilehome Park Closure or after the application for Mobilehome Park Closure has been approved under this chapter, the Management must notify the applicant for tenancy that the application for Mobilehome Park Closure has been proposed or approved.

E. In addition to the findings for granting a use permit set forth in Chapter

17.40, the planning commission may only be approved or conditionally approve the Mobilehome Park closure if all of the following findings can be made by the planning commission:

1. The proposed use of the Mobilehome Park is consistent with applicable California law, the General Plan, and zoning.

2. The Mobilehome Residents have been notified as required by this ordinance and applicable California law.

3. Whether or not the proposed Mobilehome Park Closure, taking into consideration both the impact report as a whole and the overall housing availability within the City of Brisbane, will result in or materially contribute to a shortage of housing opportunities and choices for Lower- and Moderate-Income Households within the City of Brisbane.

4. The project proponent satisfied all applicable requirements of of this Section.
(Ord. No. 630, § 2, 12-6-18)

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Just Cause Eviction and Tenant Relocation Assistance Ordinance Chapter 1.01
“JUST CAUSE” EVICTION ORDINANCE
Sections:

1.01.101 Purpose and Intent.

1.01.102 Definitions.

1.01.103 Applicability and Exemptions.

1.01.104 Just Cause for Eviction Required.

1.01.105 Filing of Termination Notice.

1.01.106 Notice of Chapter Required.

1.01.107 Tenant Relocation Assistance.

1.01.108 Enforcement and Remedies.

1.01.109 Non-waivability.

1.01.110 Successor Provisions.

1.01.101 PURPOSE AND INTENT.

The purpose of this Chapter is to promote neighborhood and community stability, healthy housing and affordability for renters in the City by regulating arbitrary evictions to the maximum extent permitted under California law.

1.01.102 DEFINITIONS.

The following definitions apply for the purposes of this Chapter.

A. Disabled. A person with a disability, as that term is defined in California Government Code Section 12955.3.

B. Elderly. A person who is at least sixty (60) years of age or older.

C. Fair Market Rent. The fair market rent is the higher of the most currently available Small Area Fair Market Rent for Zip Code 94005 or the Fair Market Rent for the San Francisco, CA HUD Metro FMR Area, adjusted by the bedroom count.

D. Housing Services. Housing Services include, but are not limited to, repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, Utility charges that are paid by the Landlord, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, and any other benefit, privilege, arrangement or facility provided

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or contracted for in connection with the use or occupancy of any Rental Unit.

Housing Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building in which the Rental Unit is contained.

E. Landlord. 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, predecessor, or successor of any of the foregoing.

F. No-Cause Eviction. An eviction for which the Landlord is not required to state a reason when choosing not to renew an annual lease or providing a notice to terminate the tenancy to a Tenant who is not covered by just cause eviction protections under state law or local ordinances.

G. Primary Residence. The occupant's usual place of return. To classify a unit as an occupant's Primary Residence does not require that the occupant be physically present in the unit at all times but does require that the unit be the occupant's usual place of return. Factors that are indicative of Primary Residence include but are not limited to:

1. The occupant carries on basic living activities at the subject premises for extended periods;

2. The subject premises are listed with public agencies, including but not limited to federal, state and local taxing authorities, as the occupant's Primary Residence;

3. Utility charges and other charges and fees associated with usage of the structure or unit are billed to and paid by the occupant at the subject premises;

4. For the purposes of subsection (L) of Section 1.01.104, (a) The occupant does not file for a homeowner's tax exemption for any different property; and/or
(b) Ownership of the unit is held in the name of the occupant or the Qualifying Relative of the occupant claiming Primary
Residence; this means ownership is not held by an individual who is not the occupant, an individual who is not the occupant’s Qualifying Relative, a corporation, limited liability company, or other corporate or business entity structure.

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H. Property. All Rental Units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

I. Qualifying Relative. A Landlord's spouse, domestic partner (as defined in California Family Code Section 297), child, grandchild, parent, grandparent, or other dependent relative.

J. Relocation Payment. The payment required to be paid by a Landlord for a NoCause Eviction or No-Fault Eviction, separate from any security payment or other refundable deposits as defined in Section 1950.5 of the California Civil Code.

K. Rent. All periodic payments and all non-monetary 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 occupancy of a Rental Unit and premises and attendant Housing Services, including all payment and consideration demanded or paid for parking, Utility charges, pets, furniture, and/or subletting.

L. Rental Housing Agreement. An agreement, oral, written, or implied, between a Landlord and Tenant for use or occupancy of a Rental Unit and for Housing Services.

M. 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, whether or not such units possess a valid Certificate of Occupancy for use as rental housing, 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.

N. Tenant. A tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a Rental Housing Agreement or this Chapter to the use or occupancy of any Rental Unit.

O. Terminally Ill. A person with a terminal disease as defined in California’s End of Life Option Act as any “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months” pursuant to California Health and Safety Code Section 443.1 and which is verified in writing by their medical care provider or treating physician.

P. Utility. Gas, electricity, water, garbage, sewer, telephone, cable, internet, or other service relating to the use and occupancy of a Rental Unit.

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Q. Written Notice to Cease. A written notice provided by a Landlord that gives a Tenant an opportunity to cure an alleged violation or problem prior to initiating legal proceedings to terminate tenancy. Any Written Notice to Cease must:

1. Provide the Tenant a reasonable period to cure the alleged violation or problem;

2. Inform the Tenant that failure to cure may result in the initiation of eviction proceedings;

3. Inform the Tenant of the right to request a reasonable accommodation;

4. Inform the Tenant of the contact number for the [City/County department, division, board, or commission responsible for administration of the ordinance];

5. Include a specific statement of the reasons for the Written Notice to Cease with specific facts to permit a determination of the date, place, witnesses, and circumstances concerning the reason for the eviction; and

6. Where a breach of Lease is alleged, inform the Tenant what Lease provision has been breached and what the Tenant must do to cure the breach.

1.01.103 APPLICABILITY AND EXEMPTIONS.

This section shall not apply to the following types of residential real properties or residential circumstances:

A. Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.

B. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.

C. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.

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D. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.

E. Single-family owner-occupied residences, including both of the following:

1. A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.

2. A mobilehome.

F. A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.

G. Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.

H. Residential real property, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:

1. The owner is not any of the following:
a. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
b. A corporation.
c. A limited liability company in which at least one member is a corporation.
d. Management of a mobilehome park, as defined in Section 798.2.

2. a. The tenants have been provided written notice that the residential property is exempt from this section using the following statement:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause

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requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
b. (I) Except as provided in subclause (II), for a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
(II) For a tenancy in a mobilehome existing before July 1, 2022, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
c. (I) Except as provided in subclause (II), for any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
(II) For any tenancy in a mobilehome commenced or
renewed on or after July 1, 2022, the notice required under clause (i) shall be provided in the rental agreement.
d. Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixedterm lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).

I. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.

1.01.104 JUST CAUSE FOR EVICTION REQUIRED.
a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real

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property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
(1) All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
(2) One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.
b) For purposes of this section, “just cause” means either of the following:
(1) At-fault just cause, which means any of the following:

A. Default in the payment of rent.

B. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.

C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

E. The tenant had a written lease that terminated on or after January 1, 2020, or January 1, 2022, if the lease is for a tenancy in a mobilehome, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.

F. Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the residential

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real property, that is directed at any owner or agent of the owner of the residential real property.

G. Assigning or subletting the premises in violation of the tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

H. The tenant’s refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of this code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.

I. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

J. The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure
K. When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the owner, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. (2) No-fault just cause, which means any of the following:

A. (i) Intent to occupy the residential real property by the owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum of 12 continuous months as that person’s primary residence.
(ii) For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property.

Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixedterm lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).

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(iii) This subparagraph does not apply if the intended occupant occupies a rental unit on the property or if a vacancy of a similar unit already exists at the property.
(iv) The written notice terminating a tenancy for a just cause pursuant to this subparagraph shall contain the name or names and relationship to the owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an owner or related to the owner as defined in subclause (II) of clause (viii). The proof shall be provided upon request and may include an operating agreement and other non-public documents.
(v) Clause (i) applies only if the intended occupant moves into the rental unit within 90 days after the tenant vacates and occupies the rental unit as a primary residence for at least 12 consecutive months. (vi) (I) If the intended occupant fails to occupy the rental unit within 90 days after the tenant vacates or fails to occupy the rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written notice.
(ii) If the intended occupant moves into the rental unit within 90 days after the tenant vacates but dies before having occupied the rental unit as a primary residence for 12 months, as required by clause (vi), this will not be considered a failure to comply with this section or a material violation of this section by the owner as provided in subdivision (h).
(vii) For a new tenancy commenced during the time periods described in clause (v) the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served.
(viii) As used in this subparagraph:
(I) “Intended occupant” means the owner of the residential real property or the owner’s spouse, domestic partner, child, grandchild, parent, or grandparent, as described in clause (i).
(II) “Owner” means any of the following:

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(ia) An owner who is a natural person that has at least a 25- percent recorded ownership interest in the property.
(ib) An owner who is a natural person who has any recorded ownership interest in the property if 100 percent of the recorded ownership is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
(ic) An owner who is a natural person whose recorded interest in the property is owned through a limited liability company or partnership.
(III) For purposes of subclause (II), “natural person” includes any of the following:
(ia) A natural person who is a settlor or beneficiary of a family trust.
(ib) If the property is owned by a limited liability company or partnership, a natural person who is a beneficial owner with at least a 25-percent ownership interest in the property.
(IV) “Family trust” means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
(V) “Beneficial owner” means a natural person or family trust for whom, directly or indirectly and through any contract arrangement, understanding, relationship, or otherwise, and any of the following applies:
(ia) The natural person exercises substantial control over a partnership or limited liability company.
(ib) The natural person owns 25 percent or more of the
equity interest of a partnership or limited liability company. (ic) The natural person receives substantial economic
benefits from the assets of a partnership.
(NOTE: The above definitions are applicable only to this subparagraph (N). If the City/County elects to adopt this provision as-is without any amendments, then the City/County should ensure these definitions are

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consistent with any definitions in Section 1.01.102 above that are adopted.)
B. Withdrawal of the residential real property from the rental market.

C. (i) The owner complying with any of the following:
(I) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property. (II) An order issued by a government agency or court to vacate the residential real property.
(III) A local ordinance that necessitates vacating the residential real property.
(ii) 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 need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).

D. (i) Intent to demolish or to substantially remodel the residential real property.
(ii) For purposes of this subparagraph, “substantially remodel” means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the tenant to vacate the residential real property for at least 30 consecutive days:
(I) The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency.
(II) The abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws.
(iii) For purposes of this subparagraph, a tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without violating health, safety, and habitability codes and laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial remodel.
(iv) A written notice terminating a tenancy for a just cause pursuant to this subparagraph shall include all of the following information:

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(I) A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property.
(II) The following statement:
“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.”
(III) A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:
(ia) A copy of the permit or permits required to undertake the substantial remodel or demolition.
(ib) Only if a notice is issued pursuant to subclause (II) of clause (ii) and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the
hazardous materials as described in subclause (II) of clause (ii).
(IV) A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.

1.01.105 FILING OF TERMINATION NOTICES.

A Landlord seeking to recover possession of a Rental Unit pursuant to Section 1.01.104 of this Chapter shall file a copy of any notice terminating a tenancy, including but not limited to any Written Notice to Cease, with the City of Brisbane Community Development Department within five (5) calendar days of serving the notice on the

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Tenant. The notice must be accompanied by a copy of the form defined in Section

1.01.106 of this Chapter.

1.01.106 NOTICE OF CHAPTER REQUIRED.

The Landlord of any Rental Unit(s) in the City of Brisbane must comply with the following notice requirements at the commencement of any tenancy:

A. On or before the date of commencement of a tenancy, the Landlord shall give the Tenant a written notice in a form prepared and authorized by the City which must include the following information:

1. A summary for the existence and scope of this Chapter;

2. The web address for the City website where information is provided regarding the protections in this Chapter; and

3. If applicable, a summary of any other tenant protections in the City (e.g., rent stabilization, just cause, relocation assistance).

B. The Landlord must give the initial notice to the Tenant in the language that was used to negotiate the terms of the tenancy or in another language if requested by the Tenant, provided that a translation of the notice into this language has been made available by the City.

C. For every Property containing Rental Units subject to this Chapter, the Landlord shall also post a copy of the notice described in subsection A in a conspicuous location in the lobby of the Property, near a mailbox used by all Tenants, or in or near a public entrance to the Property. The notice shall be posted in English, Spanish, and any other languages in which the City provides the notice.

1.01.107 RELOCATION ASSISTANCE FOR NO-CAUSE AND NO-FAULT

EVICTIONS
A. Relocation Assistance. If a tenancy is terminated due to a No-Cause Eviction or a No-Fault Eviction, the Landlord shall pay the Tenant a Relocation Payment in an amount of three times the Fair Market Rent for the most similar unit type based on number of bedrooms, unless a state or federal law requires a higher minimum amount, in which case the higher amount shall be the relocation assistance that must be paid by the Landlord to the Tenant.

B. Notice. The Landlord shall provide in the No-Cause Eviction or No-Fault Eviction notice the Tenant’s rights to relocation assistance pursuant to this Chapter and the amount of Relocation Payment that will be made to the Tenant.

C. Payment Process. The Landlord shall provide one month of the relocation assistance owed to Tenant within fifteen (15) calendar days of service of the notice

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of termination. The remaining relocation assistance shall be paid to the Tenant no later than the date the Tenant vacates the Rental Unit.

D. No Waiver. In the event the Tenant accepts an offer to temporarily or permanently move to another available comparable or superior vacant Rental Unit in accordance with Section XX [Just Cause of Eviction Ordinance] owned by the Landlord at the same Rent, the Tenant shall not be entitled to relocation assistance. A Tenant cannot waive their right to receive relocation assistance required by this Chapter.

E. Compliance with Other Laws. Other than the Relocation Payment and process laid out in this Chapter, the Landlord shall comply with all other provisions of Section 1946.2 of the Civil Code. If there is a discrepancy between this Chapter and Section 1946.2 of the Civil Code, the provision most protective to the Tenant shall apply.

F. Coordination With Other Relocation Benefits. If a Tenant receives, as part of the termination of Tenancy, relocation assistance pursuant to any other law, then the amount of that relocation assistance shall operate as a credit against any relocation assistance to be paid to Tenant under this Chapter.

1.01.108 ENFORCEMENT AND REMEDIES.

A. Affirmative Defense. A Landlord's violation of this Chapter, including but not limited to the Landlord's failure to file a copy of any termination notice with the [responsible City/County department, agency, board, or commission] within five (5) calendar days of serving the notice on the Tenant, shall constitute a complete defense to unlawful detainer or to any other action brought by the Landlord to recover possession of the Rental Unit.

B. Additional Relief. If it is shown that the event which the Landlord claims as grounds to recover possession under Section 1.01.104 is not initiated within two (2) months after the Tenant vacates the Rental Unit, or it is shown that the Landlord's claim was false or in bad faith, the Tenant shall be entitled to regain possession of the Rental Unit at same Rent that was lawfully in effect when the Tenant vacated, in addition to the relief described in Section D herein.

C. Criminal Penalties. Any Landlord that violates this Chapter may be prosecuted for a misdemeanor or an infraction in accordance with [City/County Code Section], in the discretion of the City Attorney.

D. Civil Action. An aggrieved Tenant may institute civil proceedings as provided by law, against any Landlord who violates this Chapter and/or against any person who

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aids, facilitates, and/or incites another to violate such provisions. The burden of proof in such cases shall be preponderance of the evidence. In a civil action, a Landlord found to violate this Chapter shall be liable to the Tenant for all actual damages. A prevailing Tenant in a civil action brought to enforce this Article shall be awarded reasonable attorney's fees and costs as determined by the court.

Additionally, upon a showing that the Landlord has acted willfully or with oppression, fraud, or malice, the Tenant shall be awarded treble damages. The court may also award punitive damages to any plaintiff in a proper case as defined by Civil Code section 3294 or successor statute.

E. City Enforcement. If an aggrieved Tenant fails or chooses not to bring a civil action to enforce the Tenant's rights under this Chapter, the City Attorney may bring such an action or settle the claim on the Tenant's behalf. If the City Attorney brings such an action, the Tenant shall be provided the right to opt in or out of the action. In the case of an opt-in, the Tenant on whose behalf the City Attorney acted is barred from bringing a separate action against the Landlord in regard to the same violation, and the City Attorney or the City shall be entitled to recuperate the costs it incurred from any monetary recovery from the Landlord, with the remainder to go to the Tenant against whom the violation has been committed. In the case of an opt-out, the Tenant shall retain all rights relating to his or her right to private action. The City Attorney may take other such enforcement action as necessary to ensure compliance with this Chapter.

F. Injunctive/Equitable Relief. Any Landlord who violates this Chapter may be enjoined therefrom by a court of competent jurisdiction. A court may issue other equitable relief as appropriate. An action for an injunction under this subsection may be brought by an aggrieved Tenant or by the City.

G. Remedies Not Exclusive. The remedies in this Chapter are not exclusive and may be used cumulatively with any other remedies in this Code, or otherwise available at law. Nothing in this Chapter shall preclude any person, or the City from seeking any other remedies, penalties, or procedures.

1.01.109 NON-WAIVABILITY.

Any provision of a Rental Housing Agreement or other agreement, whether written or oral, that purports to waive or would constitute a waiver of a Tenant's right to the protections afforded by this Chapter shall be deemed to be against public policy and shall be void.

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1.01.110 SUCCESSOR PROVISIONS.

All references to state statutes include successor provisions.

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Tenant Anti-Harassment Draft Ordinance
CHAPTER 1.01:

TENANT ANTI-HARASSMENT ORDINANCE
Sections:

1.01.101 Purpose and Intent.

1.01.102 Definitions.

1.01.103 Harassment Prohibited.

1.01.104 Retaliation Prohibited.

1.01.105 Notice Required.

1.01.106 Remedies and Enforcement.

1.01.107 Non-waivability

1.01.108 Successor Provisions.

SECTION 1.01:101 PURPOSE AND INTENT
The purpose of this Chapter is to:

A. Deter harassing or retaliatory behavior against Tenants by Landlords, to encourage Landlords to follow the law and uphold their responsibility to provide habitable rental properties, and to give Tenants and the City of Brisbane legal recourse against a Landlord who engaged in harassment or retaliation; and
B. Reduce informal evictions and displacement of Tenants, particularly lowincome, undocumented, and/or limited English-speaking residents, due to harassing or retaliatory behavior by their Landlord.

SECTION 1.01:102 DEFINITIONS
The following definitions apply for the purposes of this Chapter.

A. Disabled. A person with a disability, as that term is defined in California Government Code Section 12955.3.

B. Elderly. A person who is at least sixty (60) years of age or older.

C. Housing Services. Housing Services include, but are not limited to, repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, utility charges that are paid by the Landlord, refuse

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removal, furnishings, telephone, parking, the right to have a specified number of occupants, and any other benefit, privilege, arrangement or facility provided or contracted for in connection with the use or occupancy of any Rental Unit.

Housing Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building in which the Rental Unit is contained.

D. Landlord. 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, predecessor, or successor of any of the foregoing.

E. Property. All Rental Units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

F. Recognized Tenant Organization. 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. This shall also include any other at-large organization that represents the interest of Tenants.

G. Rent. All periodic payments and all non-monetary 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 occupancy of a Rental Unit and premises and attendant Housing Services, including all payment and consideration demanded or paid for parking, Utility charges, pets, furniture, and/or subletting.

H. Rental Housing Agreement. An agreement, oral, written, or implied, between a Landlord and Tenant for use or occupancy of a Rental Unit and for Housing Services.

I. 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, whether or not such units possess a valid Certificate of Occupancy for use as rental housing, 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.

J. Tenant. A tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a Rental Housing Agreement or this Chapter to the use or occupancy of any Rental Unit.

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K. Terminally Ill. A person with a medical condition that is considered incurable and has been certified as terminal by their treating physician.

L. Utility. Gas, electricity, water, garbage, sewer, telephone, cable, internet, or other service relating to the use and occupancy of a Rental Unit.

M. Written Notice to Cease. A written notice provided by a Landlord that gives a Tenant an opportunity to cure an alleged violation or problem prior to initiating legal proceedings to terminate tenancy.

SECTION 1.01:103 HARASSMENT PROHIBITED
No Landlord, acting in bad faith, shall engage in any of the following acts, omissions or courses of conduct directed at a specific Tenant or Tenant(s), each of which shall constitute harassment:

A. Quiet Enjoyment. Violate or threaten to violate the covenant of quiet enjoyment provided under California Civil Code Section 1927, including, without limitation:

1. Bring, or threaten to bring, an action to recover possession of the Rental Unit. A Landlord shall only be liable under this paragraph for bringing an action to recover possession of a Rental Unit where the three requirements for malicious prosecution are satisfied: (i) The Tenant has obtained a favorable termination of or final judgment in that action, (ii) the action is 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, and (iii) malice;

2. Interrupt, reduce, terminate, eliminate, or fail to provide Housing Services required by lease, contract or by state, county or local housing, health, or safety laws, or threaten to do so, except when necessary to comply with a court order or local or state law. Failure to provide housing services shall include transferring costs to the Tenant that by law are paid by the Landlord, or charging Tenant for Housing Services that were not previously charged to that Tenant under their Rental Housing Agreements;

3. 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 the procedure set forth in California Civil Code section 1980, et seq. (disposition of Tenant's property after termination of tenancy);

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4. Cause, directly or indirectly, the interruption or termination of any utility service furnished the Tenant, including but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration;

5. Engage in conduct or threaten to engage in conduct that violates California Civil Code Section 789.3, including but not limited to an illegal lockout and utility shutoff; and/or

6. Unilaterally impose or require an existing Tenant to agree to new material terms of tenancy or a new Rental Housing Agreement, unless: (1) the change in the terms of the tenancy is authorized by California Civil Code Sections 1946.2(f), 1947.5, or 1947.12, or required by federal, state, or local law or regulatory agreement with a government agency; or (2) the change in the terms of the tenancy was accepted in writing by the Tenant after receipt of written notice from the Landlord that the Tenant need not accept such new term as part of the Rental Housing Agreement.

B. Habitability.

1. Fail to perform and timely complete necessary repairs and maintenance required by federal, state, county, or local housing, health, or safety laws;

2. Fail to follow applicable industry standards to minimize exposure to noise, dust, lead paint, asbestos, or other building materials with potentially harmful health impacts;

3. Fail to exercise due diligence in completing repairs once undertaken;

4. Fail to timely comply with any notice and order to correct a violation issued by the City;

5. Violate the warranty of habitability provided under California Civil Code Sections 1941 and 1941.1; and/or

6. Violate the habitability standards in California Health and Safety Code Sections 17920.3 and 17920.10.

C. Access. Abuse the right of access into residential real property as established by California Civil Code Section 1954, which abuse includes, without limitation:

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1. Entry for inspections that are not allowed by state law or are unrelated to necessary repairs, maintenance, or services;

2. Entry or demands for entry at times outside normal business hours except as requested by the Tenant or otherwise permitted by California Civil Code Section 1954;

3. Entry contrary to a Tenant’s reasonable request to change the date or time of entry, provided, however the Tenant shall make such request within 12 hours from delivery of the notice of entry if the owner has hired a third party to perform necessary repairs or services;

4. Entry to show the Rental Unit to a prospective or actual purchaser if the Landlord has not, within 120 days after providing the oral notice permitted by paragraph (2) of subsection (d) of Section 1954 of the California Civil Code, notified the Tenant in writing that the Property is for sale and that the Tenant may be contacted to allow for an inspection;

5. Misrepresenting the reasons for accessing the Rental Unit or the Property as stated on the notice of entry, such as using the right of access to collect evidence against the Tenant;

6. Entry that fails to provide the approximate time window for the entry or provides a time window that is unreasonably excessive in time;

7. Failing to timely notify the Tenant, on more than one occasion, that entry into the Rental Unit or Property for which Tenant was previously given notice has been cancelled; and/or

8. Entries that are excessive in number with respect to the reason stated on the notice of entry.

D. Privacy. Violate or interfere with a Tenant's right to privacy, such as:

1. Request information or inquire about information regarding the Tenant's residence or citizenship status or social security number, except as required by law or, in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy. This includes a refusal to accept equivalent alternatives to information or documentation that does not concern immigration or citizenship status, e.g. an Individual Taxpayer Identification Number (ITIN);

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2. Release of any of the information outlined in paragraph (1) except as required or authorized by law or in violation of applicable state and/or federal law;

3. Request information regarding the Tenant's relationship or marital status in violation of state or federal law;

4. Unreasonably inquire into a Tenant's criminal history;

5. Impose or enforce unreasonable restrictions on or inquire into overnight guests;

6. Take photographs or record video or audio that capture(s) the interior of a Tenant's Rental Unit or other areas of the Property and/or the Rental Unit where the Tenant is entitled to a reasonable expectation of privacy; and/or

7. Enter, take photographs or otherwise record portions of a Rental Unit that are beyond the scope of a lawful entry or inspection as stated on the notice of entry.

E. Forced Vacation; Misrepresentation

1. Misrepresent to a Tenant that the Tenant is required to vacate a Rental Unit, or entice a Tenant to vacate a Rental Unit through an intentional misrepresentation or the concealment or omission of a material fact;

2. Provide materially false written or verbal information regarding applicable federal, state, county or local Tenant protections, including deliberate mischaracterization of the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, violating the California Translation Act (California Civil Code Section 1632) or demanding that a Tenant enter a rent repayment plan to take advantage of Tenant protection laws that do not require such plans;

3. Threaten a Tenant or their guest, by word or gesture, with physical harm;

4. Attempt to coerce a Tenant to vacate with offer(s) of payments, including but not limited to, offering payments to a Tenant to vacate more than once in any six (6) month period after the Tenant has notified the Landlord in writing that the Tenant does not desire to receive further offers of payments to vacate;

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5. Influence or attempt to influence a Tenant to vacate a Rental Unit through fraud, intimidation, or coercion, including without limitation, disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of a Tenant or other person known to be associated with the Tenant;

6. Disclose or threaten to disclose information about a Tenant to any government entity;

7. Otherwise violate California Civil Code Section 1940.2 and/or Section 1940.35; and/or

8. Remove or eliminate a Housing Service for the purpose of causing the Tenant to vacate the Rental Unit.

F. Rent Payments.

1. Refuse to accept or acknowledge receipt of a Tenant's lawful rent payment (including, but not limited to, revoking a Tenant's access to an online rent payment portal) except as such refusal may be permitted by state law after a notice to quit has been served on the Tenant and the time period for performance pursuant to the notice has expired;

2. Refuse to cash a rent check or money order for over thirty (30) days unless a written receipt for payment has been provided to the Tenant, except as such refusal may be permitted by state law after a notice to quit has been served on the Tenant and the time period for performance pursuant to the notice has expired;

3. Fail to provide a receipt to a Tenant for Rent or other payment after the Tenant has requested a receipt in violation of California Civil Code Section 1499 and California Code of Civil Procedure Section 2075; and/or

4. Fail to allow a Tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer, except where otherwise permitted by California Civil Code Section 1947.3(a)(2).

G. Discrimination.

1. Violate any law which prohibits discrimination against the Tenant based on race, color, ancestry, national origin, citizenship, immigration status,

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primary language, religion, disability (mental or physical), human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS), sex and gender, sexual orientation, gender identity, gender expression, genetic information, marital status, familial status (families with children under 18 or people who are pregnant),source of income(including the use of government rental assistance such as a Section 8 Housing Choice Voucher), military or veteran status, age, or any other protection provided by law;

2. Make a sexual demand on a Tenant for the Tenant to obtain needed maintenance on the Rental Unit, or to obtain a rent concession or additional Housing Service(s), or to avoid an eviction, or make other quid pro quo sexual demands on a Tenant;

3. Subject a Tenant to unwelcome touching, kissing, or groping, make unwelcome comments about a Tenant's body, send a Tenant unwelcome, sexually suggestive texts, enter the Rental Unit without invitation or permission, or engage in other actions that create a hostile environment;

4. Violate the Unruh Civil Rights Act (California Civil Code 51 et seq.); and/or

5. Commit elder financial abuse (as defined by California Welfare and Institutions Code 15610.30 et seq.) of a Tenant.

H. Tenant Organizing; Tenant Unions. Interfere with the right of Tenants to do any of the following:

1. Organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection including concerns regarding repairs and maintenance, rent amounts or rent increases, evictions, discrimination, or harassment, regardless of whether the Tenants share the same Landlord or management company;

2. Convene Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Housing Agreement(s);

3. Contact other Tenants and offer such Tenants literature informing them of their rights and opportunities to involve themselves in Tenant organizing/Tenant union activities;

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4. Distribute and post such literature on bulletin boards or other areas that the owner has designated for Tenant use or free speech activities; and/or

5. Exercise their rights under California Civil Code Section 1942.6, and/or providing access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at the property.

I. Other Acts.

1. Repeated violations of the California Translation Act (California Civil Code Section 1632);

2. Force a Tenant to vacate their Rental Unit and reregister to avoid classification as a Tenant under California Civil Code 1940.1. Forced vacation can be implied from the totality of the circumstances; and/or

3. Other 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 dwelling unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy.

SECTION 1.01:104 RETALIATION PROHIBITED
A. Retaliation; Protected Activities Defined. No Landlord shall retaliate against a Tenant, including threatening to bring, or bringing, an action to recover possession, serving any notice of termination of tenancy, taking any action to increase the Rent or reduce one or more Housing Services, causing the Tenant to involuntarily quit the Rental Unit, or discriminating against the Tenant, because of the Tenant’s use of assertion of any rights or use of any remedy provided by this Chapter, or because of the Tenant's engagement in one or more of the following activities:

1. Requesting repairs or maintenance that are the obligation of the Landlord pursuant to federal, state, county or local law;

2. Complaining about the condition of their Rental Unit, including the presence of unsafe or illegal living conditions, to a government agency, such as but not limited to, a building or health inspector;

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3. Filing a complaint about housing code breaches or violations;

4. Exercising a legal right allowed by state or local law, such as withholding the Rent for an uninhabitable unit or repairing and deducting the cost of repairs from Rent;

5. Creating and/or associating with Recognized Tenants Organizations or individuals involved with Tenant advocacy;

6. Organizing as Tenants and/or engaging in concerted activities with other Tenants for the purpose of mutual aid and protection

7. Providing access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at the property;

8. Convening Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Housing Agreement;

9. Distributing and posting literature in common areas, including lobby areas and bulletin boards, informing other Tenants of their rights and of opportunities to participate in organized Tenant activities;

10.Requesting a reasonable accommodation to the Landlord's policies or practices or reasonable modification of the Rental Unit and/or Property as authorized by federal or state law;

11.Posting or displaying political signs relating to an election or legislative vote (including an election of a candidate to public office), the initiative, referendum or recall process, or issues that are before a public commission, public board, or elected local body for vote, unless the Tenant violates the limitations set forth in subsections (c) and (d) of Section 1940.4 of the California Civil Code, including but not limited to, that the posting or displaying violates local, state or federal law;

12.Asserting their rights under the California Translation Act (California Civil Code Section 1632), including but not limited to, requesting copies of Rental Housing Agreements, lease addendums, and rent increase notices in their primary language; or

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13.Summoning law enforcement assistance or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency.

B. Landlord Liability for Unlawful Detainer Actions. A Landlord shall only be liable pursuant to this Section 1.01.104 for bringing an action to recover possession of a Rental Unit where the three requirements for malicious prosecution are satisfied: (i) The Tenant has obtained a favorable termination of or final judgment in that action, (ii) the action is 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, and (iii) malice C. Rebuttable Presumption. A Tenant may assert retaliation affirmatively or as a defense to the Landlord's action regardless of the period of time that has elapsed between the Tenant's assertion of or exercise of rights under this Chapter or under federal or state law and the alleged act of retaliation. However, proof of exercise or assertion by the Tenant of rights within one hundred eighty (180) days prior to Landlord's alleged act of retaliation shall create a rebuttable presumption that the Landlord's act was retaliatory.

SECTION 1.01:105 NOTICE REQUIRED
The Landlord of any Rental Unit(s) in the City of Brisbane must comply with the following notice requirements at the commencement of any tenancy:

A. On or before the date of commencement of a tenancy, the Landlord shall give the Tenant a written notice in a form prepared and authorized by the City of Brisbane which must include the following information:

1. A summary for the existence and scope of this Chapter;

2. Information for at least one (1) local tenant legal services organization;

3. The web address for the City of Brisbane website where information is provided regarding the protections in this Chapter; and

4. If applicable, a summary of any other tenant protections in the City of Brisbane (e.g., rent stabilization, just cause, relocation assistance).

B. The Landlord must give the initial notice to the Tenant in the language that was used to negotiate the terms of the tenancy or in another language if requested by

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the Tenant, provided that a translation of the notice into this language has been made available by the City of Brisbane.

C. For every Property containing Rental Units subject to this Chapter, the Landlord shall also post a copy of the notice described in subsection A in a conspicuous location in the lobby of the Property, near a mailbox used by all Tenants, or in or near a public entrance to the Property. The notice shall be posted in English and any other languages in which the City of Brisbane provides the notice.

SECTION 1.01:106 REMEDIES AND ENFORCEMENT
A. Affirmative Defense. A Landlord's violation of this Chapter shall constitute a complete defense to unlawful detainer or to any other action brought by the Landlord to recover possession of the Rental Unit.

B. Civil Action. An aggrieved Tenant or the City of Brisbane may institute civil proceedings as provided by law, against any Landlord who violated this Chapter and/or against any person who aids, facilitates, and/or incites another to violate such provisions, regardless of whether the Rental Unit remains occupied or has been vacated due to the harassment or retaliation. The burden of proof in such cases shall be preponderance of the evidence.

C. Damages and Monetary Awards

1. Any person who violates, or aids, facilitates, or incites another person to violate this Chapter is liable in a court action for each and every such offense for money damages of not less than three times the actual damages suffered by an aggrieved Tenant (including damages for mental or emotional distress), or for the minimum damages in the sum of $1,000.00 for each violation, whichever is greater, or whatever other relief the court deems appropriate, and shall be liable for such attorney's fees and costs as may be determined by the court.
a. In the case of an award for damages for mental or emotional distress, said award shall be trebled only if the trier of fact finds that the defendant acted in knowing violation of or reckless disregard of the provisions of this Chapter.

2. The court may also award punitive damages to any plaintiff, including the City of Brisbane, in a proper case as defined by California Civil Code Section 3294.

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3. Moreover, any person who violates, or aids, facilitates, or incites another person to violate this Chapter shall be liable for additional damages of up to $5,000.00 for each offense committed against a person who is Disabled, Elderly, or Terminally Ill.

4. A prevailing defendant in a civil action under this section shall be entitled to an award of attorney's fees only if it is determined by the court that the action was devoid of merit and brought in bad faith.

D. Injunctive/Equitable Relief. Any person who violates, or aids, facilitates, or incites another person to violate this Chapter may be enjoined therefrom by a court of competent jurisdiction. A court may issue other equitable relief as appropriate. An action for an injunction under this subsection may be brought by an aggrieved Tenant or by the City of Brisbane.

E. Criminal Prosecution. A violation of any provision of this Chapter is punishable as an infraction or misdemeanor pursuant to Section XXXX of the City of Brisbane Code.

F. Nonexclusive Remedies and Penalties. The remedies provided by this Chapter are not exclusive, and nothing in this Chapter shall preclude any person, or the City of Brisbane from seeking any other remedies, penalties, or procedures.

SECTION 1.01:107 NON-WAIVABILITY
Any provision of a Rental Housing Agreement or other agreement, whether written or oral, that purports to waive or would constitute a waiver of a Tenant's right to the protections afforded by this Chapter shall be deemed to be against public policy and shall be void.

SECTION 1.01:108 SUCCESSOR PROVISIONS
All references to state statutes include successor provisions.

Local Preference Policy Page 1 of 4

HOUSING SUBCOMMITTEE AGENDA REPORT
Meeting Date: 8/20/2026
From: Julia Ayres, Community Development Director
Ken Johnson, Senior Planner
Tim Davis, HEART of San Mateo
Subject: Local Preference Policy for Affordable Housing Recommendation
Staff recommend the Housing Subcommittee receive the presentation on a proposed affordable housing preference ordinance and give direction to staff.

Background
State law allows jurisdictions to adopt a local preference policy for affordable housing. Due to high demand, affordable housing properties typically operate on a lottery system and a local preference policy allows a jurisdiction to set a higher-ranking priority for certain households participating in the lottery; e.g., households that live or work in the jurisdiction. A preference policy does not guarantee that fulfilling the requirements will result in placement in a housing unit or that certain households will “skip to the front of the line,” but it does ensure affordable housing will be offered first to those who meet one of the policy’s preferences.

The City of Brisbane currently has local preference policies embedded in individual affordable housing agreements, but no citywide policy yet exists. The City's Housing Element includes Program 2.E.1 that calls for evaluation of preferences for current Brisbane residents in new special needs and affordable housing. The evaluation provided in this report was expanded to also include those who work in Brisbane or work for Brisbane's school districts.

Staff worked with the Housing Endowment and Regional Trust (HEART) of San Mateo County and Street Level Advisors to analyze a local preference policy that would assign higher priority to households where at least one adult member either lives in Brisbane, works in Brisbane, or works for a public school district serving the children of Brisbane, and to complete a disparate impact analysis as further described in the Discussion session below.

Discussion
Crafting a Policy that Addresses Fair Housing Considerations When considering a local preference policy, several State and Federal laws must be taken into consideration. An outline of relevant laws is provided in Attachment 1. One State law to highlight is Government Code Section 7061 (the Local Tenant Preferences to Prevent Displacement Act) that authorizes the use of local preferences in developments funded with low-income tax credits or taxexempt bonds.

Any proposed local preference policy requires study to determine if the policy could cause disparate impact on a protected class — that is, if the policy places individuals at a disadvantage in obtaining housing based on “protected characteristics,” such as race and ethnicity. As a result, the City, in cooperation with HEART of San Mateo County, secured the consultant services of Street Level Advisors

Local Preference Policy Page 2 of 4
to complete a Disparate Impact Analysis (DIA). The results from that study are provided in Attachment

2. A DIA is a statistical study method used to determine if a neutral policy or practice unintentionally excludes or disproportionately harms protected groups. It focuses on the discriminatory effect rather than the intent of the policy. The method is widely used where discriminatory effects would be a concern, such as employment hiring tests, credit checks, and housing.

To review the local preference policy, the DIA incorporated local race and ethnicity data of those who live in Brisbane, work in Brisbane, or who work for a school district serving the children of Brisbane who might be income-qualified to apply for affordable housing, compared to the race and ethnicity of those who might be income-qualified and live anywhere in San Mateo County.

The DIA found that there was no evidence that the proposed local preference policy would have statistically significant disparate impact. The proposed policy is discussed in detail below.

Recommended Local Preference Policy
Staff recommends the following policy:

Applicability
The City’s Policy would apply to 100% of:
1) any City-assisted affordable units and
2) any affordable units created to comply with the City’s Density Bonus and Inclusionary Housing Ordinances.

The Policy would cover both for-sale and rental units, applying at initial lease-up or sale and upon each subsequent new tenancy or resale. The local preference policy may be restricted due to county, state or federal criteria applicable to a specific development, such as a development where funding is provided by the County, which is discussed further below.

Administration
Complex local preference policies, such as that overseen by certain large cities such as San Francisco and Berkeley, can be difficult to implement and can take considerable staff time implementing. To reduce complexity for applicants, marketing agents, and the City, staff recommends the following policy components:

1. The local preference will be a straightforward, tiered system where applicants claim and document one preference, even if they are eligible for more than one preference. Applicants who meet any of the criteria listed below would have priority for the units with a preference. a. Lives in Brisbane
b. Works in Brisbane
c. Works for the Bayshore Elementary School District (serving the Baylands), the Brisbane Elementary School District (serving Central Brisbane), or the Jefferson Union High School District.

Local Preference Policy Page 3 of 4
Applicants would not need to document multiple criteria.

2. Applicants will self-certify their eligibility for the preference when applying for development. As a result, only those ranked high in the list will have to provide documentation, following their initial application, along with their other eligibility certification documentation.

3. To address Fair Housing concerns, no duration requirement (i.e., length of residence or length of employment) would be included as part of the preference criteria. HUD does not allow durational requirements for units they fund, and the legal literature on the topic makes it clear that such a requirement raises the possibility of legal challenges.

Compatibility with Other Preferences/Set-Asides
The City’s local preference policy must be compatible with other preferences and set asides. For example, if a developer is seeking funding from the County of San Mateo to fund an affordable housing project, the developer and that project would be subject to the County’s set-aside requirements. These set aside units are filled through referral from certain programs, such as the homelessness coordinated entrance system. This means that for some projects there may be no local preference, or a preference on only some of the units.

In addition, where the County of San Mateo is funding an affordable housing project, the City’s local preference policy may be further restricted based on the proportion of funding provided by the County and the City. This funding could include direct funds, as well as land costs and fee waivers.

Units with accessibility features intended to help those with mobility needs, visual impairment, and/or hearing impairment must be made available to a household with a member that has a documented need for the specific features included in the available accessible unit. If no applicant has a documented need for an accessible unit, the units will be offered to other eligible applicants according to the same preference ranking used for other City Supported and onsite alternative units.

Draft Implementing Ordinance
A draft ordinance to implement the preference policy is attached as Attachment 3, along with draft supplemental guidelines attached as Attachment 4. The supplemental guidelines would be maintained administratively as a living document to allow for updates that reflect best practices that may change over time. The guidelines provide details on implementation of the proposed ordinance, including the selection process, waitlist management, marketing plan, compliance monitoring, and data collection.

Examples of Local Preference Policies
While many cities in California and across the country have local preference policies, there is significant variation based on the local context. For the subcommittee’s reference, Attachment 5 provides an overview of local preference policies in other San Mateo County cities. Cities that are both larger and more urban than Brisbane may have more complex policies that differentiate between people displaced for specific reasons, such as eviction, foreclosures, or urban renewal. Generally, smaller cities are more likely to enact simpler live/work policies that are more easily implemented and target more general displacement pressures.

Conclusion

Local Preference Policy Page 4 of 4
Staff feels that the proposed policy will help to minimize the potential for disparate impact and is a legally defensible approach to achieving the City's stated goals. A preference policy does not guarantee that fulfilling the requirements will result in a housing unit or that certain households will “skip to the front of the line,” but it does ensure affordable housing will be offered first to those who work in or reside in Brisbane, or work for one of the Brisbane school districts.

Next Steps
If so directed by the Housing Subcommittee, staff will bring forward the proposed local preference policy and implementing ordinance to the Planning Commission which would make a recommendation on the draft ordinance to the City Council as it is proposed to be located within the Zoning Ordinance.

If the City Council ultimately approves the proposed local preference ordinance, staff will finalize the administrative guidelines for subsequent administrative approval by the City Attorney and the Community Development Director.

Fiscal Impact
There is no fiscal impact associated with the adoption of this local preference policy.

Attachments:

1. Outline of Relevant Fair Housing Laws

2. Disparate Impact Analysis Report prepared by Street Level Advisors

3. Draft Local Preference Ordinance

4. Draft Local Preference Ordinance Guidelines

5. Local Preference Policies in San Mateo County Cities and Towns __________________________ __________________________
Julia Ayres, Community Development Director Ken Johnson, Senior Planner __________________________
Tim Davis
HEART
___________________________________
Jeremy Dennis
City Manager/Brisbane Housing Authority Executive Director Julia Ayres

ATTACHMENT 1
Local Preference Policy Page 5 of 4
Fair Housing Laws & Relation to Disparate Impact Analysis

RELEVANT LAWS/ STATUTES SUMMARY
Federal
• 14th Amendment
• Fair Housing act
• Section 504
• Right to Travel
• Prohibits Housing discrimination based on: Race, Color, Religion, Sex, Familial Status, National Origin, Disability • Prohibits discrimination against persons with disabilities in federally funded housing (Section 504)
• Prohibits the use of durational
requirements for local preferences
• Applies to All Housing/Housing Activities
State
• Fair Employment/
Housing Act
• Unruh Act
• Govt Code 11139.3
• Similar to Federal Fair Housing Act,
additional protected classes include:
o Ancestry
o Citizenship
o Immigration Status
o Primary Language
o Sexual orientation
o Gender Identify
o Gender Expression
o Genetic Information
o Marital status
o Source of income
o Military or Veteran Status
o Age
In considering these laws, any policy should be studied to determine if the policy could cause disparate impact on a protected class — that is, if the policy places individuals at a disadvantage in obtaining housing based on “protected characteristics,” such as race, sex, age, or family status.

ATTACHMENT 2
Disparate Impact Analysis Report
Local Preference Policy Page 6 of 4
Brisbane, California
Proposed Live/Work/School District Preference Policy Disparate Impact Analysis
May 2026
Executive Summary
HEART of SMC engaged Street Level Advisors to conduct a Disparate Impact Analysis (DIA) on behalf of seven jurisdictions across San Mateo County, including Brisbane. Brisbane’s proposed policy would give preference to households that live or work in the jurisdiction— with the work category including school district employees who serve students in Brisbane— when selecting residents for income-restricted affordable housing units. The purpose of this analysis is to determine whether the proposed preference could disproportionately disadvantage any racial or ethnic group in violation of Fair Housing law.

Using census data, the analysis compared the racial composition of households likely to benefit from the preference against the broader market-area population of income-eligible households. Two established statistical tests—the Four-Fifths (80%) Test and the Z-Test— were applied to a hypothetical lottery of 75 affordable units with 4000 applicants (of which 500 would be preference-eligible), following the methodology endorsed by the court in Langlois v. Abington Housing Authority.

No evidence of statistically significant disparate impact was found for the proposed preference policy.

I.Brisbane’s Proposed Preferences
Affordable housing preferences offer priority to certain qualifying applicants in the lotteryselection process for income-restricted affordable housing projects. Several jurisdictions in San Mateo County have adopted or are considering the adoption of local preference policies.

Brisbane does not currently have a local preference policy, but the jurisdiction has used local preferences in affordable housing project agreements and in local housing programs.

Brisbane is considering adopting a preference for households that live or work in Brisbane; the work preference would include employees of school districts that serve students in Brisbane.

Preference would then be offered to applicants for affordable housing that include at least

ATTACHMENT 2
Disparate Impact Analysis Report
Local Preference Policy Page 7 of 4
one adult (18 or over) that:
● currently lives within Brisbane, or
● works within Brisbane, or
● works for a school district that serves students in Brisbane.

The preference is expected to apply to all newly developed, income-restricted rental or forsale units in the jurisdiction. The preference would not be expected to be applied to projectbased voucher units or supportive-housing units filled through the Coordinated Entry System.

Table 1: Brisbane, Local Preference Policy Summary
Jurisdiction Current,
formalized
local
preference
policy?
Local
preference
used in the
past?
If yes, for
what kinds
of projects?
If yes, which
preferences?
Which
preferences
for new
policy?
Brisbane No. Yes. Has used
individual
project
agreements
and in local
housing
programs.

Prioritized live
for senior
projects. Have
also tested
school district
employees,
immediate
family
members of
first-time
homebuyer
and former
resident and
former
employee
provisions.

Live/work in
Brisbane or
employee of
school district
serving students
of Brisbane.

II. Defining Disparate Impact
Disparate impact is discrimination that occurs when seemingly neutral policies and practices have a disproportionate, adverse impact on any protected class. The legal precedent for disparate impact was established in the 1971 Supreme Court case Griggs v. Duke Power Co. The justices determined that Title VII of the Civil Rights Act “proscribes not only overt discrimination, but also practices that are fair in form, but discriminatory in operation.” Under the Fair Housing Act, policies that generate a disparate impact on protected classes of applicants are illegal unless the “challenged practice is necessary to achieve one or more substantial, legitimate, non-discriminatory interests1.” 1 Langlois v. Abington Housing Authority, 207 F.3d 43, 50 (1st Cir. 2000).

ATTACHMENT 2
Disparate Impact Analysis Report
Local Preference Policy Page 8 of 4
In the context of fair housing, courts have generally looked to employment law guidelines to provide a model for evaluating whether housing preferences have the effect of adversely impacting any racial group. No policy will result in a perfectly even representation of all racial groups, so courts have used somewhat complex statistical tests including the FourFifths Test (also called the 80% Test) and the Z-Test to identify outcomes that result in under-serving one or more groups by a statistically significant amount.

III.Summary of Methodology
To conduct the DIA, we first constructed estimates of the demographics of the overall applicant pool and of the preference-eligible applicant pool for future affordable housing projects. We then compared the racial composition of the population of potential applicants to the composition of households that would benefit from the proposed preference. We used Census Bureau data, as described below, to estimate the likely racial demographics of households that would benefit from a proposed preference and those of the general population of income eligible households in the broader market area (the households that would be expected to be selected if there were no preference).

Following the logic applied in the Langlois v. Abington Housing Authority case1, we used this data to conduct two distinct statistical tests: the Four-Fifths Test and the Z-Test.

1. The Four-Fifths Test (or 80% Test) was established and defined in federal labor guidelines and applied to the context of housing in a modified form by the Langlois decision. The Langlois version of this test finds disparate impact if the selection rate for any group in a lottery conducted with the preference would be less than 80% of the rate we would expect for that group in a lottery with no preference.

2. The Z-Test is a common test of statistical significance. The Langlois decision found that a preference selection rate for a given racial group that was two or more standard deviations from what would be expected with no preference would constitute evidence of disparate impact Using this methodology, a proposed preference would be considered to represent a potential disparate impact if it ‘failed’ both tests. The four-fifths test indicates whether there is a meaningful difference in selection rates but, because for smaller population groups, even very small changes in outcome can represent large changes in the selection rate, ‘failing’ this test may not always indicate a fair housing problem. The Z-Test is also necessary to identify outcomes that would be unlikely to happen by pure chance. Only an outcome that is both meaningful and unlikely is considered to be potentially a fair housing

ATTACHMENT 2
Disparate Impact Analysis Report
Local Preference Policy Page 9 of 4
concern. We are only concerned about the Z-scores for results that ‘fail’ the Four-Fifths Test.

Data Sources
Market-Area Residents (comparison group)
We used the Census Bureau’s 2023 5-Year American Communities Survey Public Use Microdata Sample (PUMS) to create custom Census data tables that estimate the number and percentage of renter households earning less than 80% of Area Median Income (AMI) adjusted for household size for each racial group living in San Mateo County. Using PUMS data allowed us to more precisely estimate the income-eligible population in each racial group and to remove lower-income households that already own homes and are unlikely to be eligible for affordable housing (rental or ownership).

Local Residents
We used the Census Bureau’s 2023 5-Year American Communities Survey Public Use Microdata Sample (PUMS) to create custom Census data tables that estimate the number and percentage of households earning less than 80% of Area Median Income (AMI) by race living in Brisbane. Because the PUMS data does not provide geographic location by city, but at the Public Use Microdata Area (PUMA) level, we used Census-published tables of households by race and income band for Brisbane to proportionally assign PUMS household records to this geography. Using PUMS data allowed us to more precisely estimate the income-eligible population in each racial group and to remove lower-income households that already own homes and are unlikely to be eligible for affordable housing (rental or ownership).

Local Workers
We utilized 2023 data from LEHD Origin-Destination Employment Statistics (LODES) database to estimate the number of households that have at least one member who works in each jurisdiction. Because Census workforce data, including LODES data, is available at the individual level and not the household level, we used countywide data on the number of adult workers per household to convert the individual worker counts into estimates of the number of households in each racial group that work in Brisbane. The data does not enable us to identify the race of workers and also know their household income. We thus used the countywide income distribution by race to estimate the share of each group of workers that are lower income. This data does not allow us to exclude households that also live in the jurisdiction, though it is likely that many of the households that qualify as local workers are also eligible for the local resident preference.

School District Employees
We collected employee demographic data from the Jefferson Union School District, which serves children in Brisbane. We used the location of schools and administrative offices to which each employee is assigned in order to identify those district employees whose place of work is outside the city boundaries. District employees who work within the city are already counted in the Census LODES data (described above). We did not receive exact

ATTACHMENT 2
Disparate Impact Analysis Report
Local Preference Policy Page 10 of 4
wages or any information directly related to household income. In order to estimate the number of lower-income district employees we assumed that 25% of Certificated employees (i.e., Certified teachers), 100% of Classified employees (staff) and 0% of Management employees would be in lower-income households. While these are rough assumptions, the total number of district employees located outside of the city boundaries is very small and, as a result, these assumptions have little measurable impact on our final results.

Table 2: Data Sources for Preference Pools and Broader Market Estimates Category
Market-Area Residents Households earning less than 80% of AMI (adjusted for household size) located in San Mateo County, per 2023 ACS 5-year PUMS data.

Local Residents Households earning less than 80% of AMI (adjusted for household size) located within Brisbane, per 2023 ACS 5-year PUMS data.

Local Workers Estimated low-income households (<80% AMI) with at least one member employed within Brisbane, based on LODES
data.

School District Employees District-level employee records.

Combined Pool
We combined the household total estimates for each racial group from the separate analyses to construct a single table that estimates the likely racial composition of the pool of people who would be eligible for the proposed preference in each jurisdiction (for any of the three reasons). To do this we simply added the estimated number of households from each pool and calculated new percentages.

Hypothetical Lottery
In order to illustrate the impact of preferences on a realistic lottery scenario and to evaluate the statistical significance of the results, we have assumed a potential low-income housing project of 75 affordable housing units. We assumed a pool of 4000 applicants of which 500 (or 12.5%) would qualify for the local preference.

The assumed number of applicants eligible for the preference pool has no impact on results. The size of the affordable housing projects does: Smaller projects are less likely to have statistically significant Z scores, while larger projects are more likely to have statistically significant Z scores. We selected a project size towards the high end of the typical range.

ATTACHMENT 2
Disparate Impact Analysis Report
Local Preference Policy Page 11 of 4
IV.Results
Table 3 shows preference-pool demographics relative to market-area demographics. There are higher shares of White and Asian households in the local-resident pool than in the comparison group. There are lower shares of Black, Other or Multiple, and Hispanic households in the local resident pool than in the comparison group.

There is a higher share of Black households in the local-worker pool than in the comparison group; other racial groups’ shares of the local worker pool are comparable to their respective shares of the comparison group. The worker pool includes workers based in Brisbane and employees of the local school districts based at sites outside of Brisbane.

Table 3: Demographic Estimates for Preference Pools and Broader Market We used these demographic estimates to simulate the lottery results for a hypothetical affordable housing project lottery in each jurisdiction and compare results between two scenarios – one where the preference policy is applied and units are allocated randomly to preference-eligible households and one where it is not applied and units are allocated randomly to households from the broader market area.

We conducted the 4/5ths test to assess whether selection rates for racial groups fall below 80% of the expected rate with no preference and the z-test to measure statistical significance of observed differences. The selection rate is the share of all applicants (preference and non-preference) that would likely be offered housing through a lottery. For example, in our hypothetical lottery with 4000 applicants for 75 units, the overall selection rate will be 1.8% (i.e., 1.8% of applicants will win a unit). If applicants are selected truly randomly, we would expect that each racial group would also have a 1.8% selection rate.

However, when we apply the preference, wherever the preference pool includes relatively more applicants of one racial group and fewer of others, the overall selection rates for each racial group will differ. We evaluated each of the potential preference categories (current

ATTACHMENT 2
Disparate Impact Analysis Report
Local Preference Policy Page 12 of 4
residents and local workers/school district employees) alone and also evaluated a combined pool including applicants from all categories. The combined preference has been weighted according to the ratio of households to workers in Brisbane (i.e., 32% residents and 68% workers).2
No evidence of statistically significant disparate impact was found for the proposed preference policy.

That is, in no policy scenario did the proposed combined preference fail the 4/5 test and also the z-test. Below, we’ve included results summaries for the combined preference, the live preference, and the work preference, all applied to 100% of affordable units. The proposed design of Brisbane’s preference policy is the combined preference; the live and work preferences are shown as standalone preferences for informational purposes.

With the Combined Preference applied to 100% of units:
• Other/Multiple applicants do not meet the 80% selection rate standard of the 4/5 test. Because this group represents a very small share of the population, both in the preference pool and in the broader market area, any variation in selection would result in disproportionately large changes in selection rate. The results are not statistically significant.

Table 4: Combined Preference applied to 100% of units
With the Live Preference alone applied to 100% of units:

These results, and those below, are included for informational purposes only; the proposed preference would be a combined live/work preference.
• In the cases of Black and Other/Multiple applicants, both groups are underrepresented in the preference pool relative to the broader market area, so their selection rates fall below 80% of what they would otherwise be. Because these groups represent a very small share of the population, both in the preference pool and in the broader market area, any variation in selection would result in 2 As described above, under data sources for local workers, people who live and work in Brisbane are being counted twice.

ATTACHMENT 2
Disparate Impact Analysis Report
Local Preference Policy Page 13 of 4
disproportionately large changes in selection rate. For Black applicants, this underrepresentation is approaching statistical significance at a z score of 1.77. • Hispanic applicants fail the 4/5 test because they are underrepresented in the preference pool relative to the broader market area. This underrepresentation is close to being statistically significant at 1.96. • If the jurisdiction were to adopt a preference for residents alone without also including a workforce preference, we found a potential disparate impact at 100% preference. However, because the proposed design also includes a workforce preference, that concern is mitigated.

Table 5: Live Preference applied to 100% of units
With the Work Preference alone applied to 100% of units:
• Other/Multiple applicants do not meet the 80% selection rate standard of the 4/5 test. Because this group represents a very small share of the population, both in the preference pool and in the broader market area, any variation in selection would result in disproportionately large changes in selection rate. The results are not statistically significant.

Table 6: Work Preference (including school district employees) applied to 100% of units V. Conclusion
Brisbane is proposing a local preference policy that would give preference to households that live or work in the jurisdiction—with the work category including school district employees

who serve students in Brisbane—when selecting residents for income-restricted affordable housing units. The purpose of this analysis was to determine whether the proposed preference could disproportionately disadvantage any racial or ethnic group in violation of Fair Housing law.

No evidence of statistically significant disparate impact was found for the proposed preference policy.

ATTACHMENT 3
DRAFT ORDINANCE NO. XX

ORDINANCE OF THE CITY OF BRISBANE
ADDING CHAPTER 17.49 “LOCAL PREFERENCE IN AFFORDABLE HOUSING” TO TITLE 17 OF

THE BRISBANE MUNICIPAL CODE TO PROVIDE FOR A LOCAL PREFERENCE FOR AFFORDABLE

HOUSING UNITS
WHEREAS, the City of Brisbane ("City") provides funding to support affordable housing development in the City through its Affordable Housing Trust Fund; and WHEREAS, Section 17.31 of the Municipal Code allows a developer to provide a percentage of deed-restricted units to lower-income households instead of paying residential impact fee; and WHEREAS, Sections 17.29 of the Municipal Code allows development projects to secure a density bonus by creating income-restricted residential units; and WHEREAS, individuals who work in Brisbane or for school districts that serve Brisbane's children often must travel long commute distances to their jobs from outside the city for affordable housing, leading to higher greenhouse gas emissions, traffic, and lower quality of life; and WHEREAS, California Government Code 7061 (The Local Tenant Preferences to Prevent Displacement Act) allows jurisdictions to adopt a local preference for affordable housing; and WHEREAS, applying a live/work preference for affordable housing opportunities will reduce the displacement of low- and moderate-income individuals and families who currently live in Brisbane and allow more low- and moderate-income individuals and families who work in Brisbane or for Brisbane’s school districts to move to Brisbane; and
WHEREAS, the completion of a Disparate Impact Analysis found no evidence of statistically significant disparate impact when a combined live/work preference is applied to 100% of the affordable units in a residential development.

WHEREAS. The City Council hereby finds that this Ordinance is in the public interest.

WHEREAS, The Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately, as it involves general policy and administrative procedures with no potential to result in a physical change to the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of significant effect on the environment. The Council therefore directs that a Notice of Exemption be filed with the San Mateo County Clerk in accordance with the CEQA guidelines.

WHEREAS, the City’s Zoning Code is codified in Title 17 of the City of Brisbane Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRISBANE DOES ORDAIN AS FOLLOWS:

ATTACHMENT 3
SECTION 1. Chapter 17.49 - Affordable Housing Local Preference Ordinance is added to Title 17 of the Brisbane Municipal Code to read as follows:

Chapter 17.49 - Affordable Housing Local Preference

17.49.010 - Purpose.

The purpose of establishing a local preference ordinance for affordable housing is to prevent and mitigate displacement impacts to vulnerable households living or working in Brisbane, thereby encouraging family health, neighborhood stability, and preserving existing residents' continued ties to local institutions, services, schools, community business centers, and health care providers, and thereby enhance the public welfare by further implementing the goals and objectives of the Housing Element to prevent or mitigate displacement of low-income residents and affirmatively further fair housing.

17.49.020 - Local Preference Ordinance.

Where units in a residential development project are being income-restricted through an agreement with the City of Brisbane, a local preference will be provided on 100 percent of the units, unless it meets the Exceptions provided in subsection 040, for those applicants who:

A. Reside in Brisbane: At least one member of the applicant household's principal place of residence is within the City of Brisbane as of the date of application for housing; or B. Work in Brisbane or work for a school district serving the children of Brisbane: At least one member of the applicant household currently works or has received an offer to work within the City of Brisbane or work for a school district serving the children of Brisbane for at least 20 hours per week.

17.49.030 - Applicability.

This ordinance applies to income-restricted units in residential development projects where the City of Brisbane is entering into an affordable housing regulatory agreement after the effective date of the ordinance establishing the preference, including contracts materially amended on or after the effective date; and
A. The residential development project receives financing, land, or ground lease property interest from the City of Brisbane for new construction, rehabilitation, or for acquisition and rehabilitation; or B. Income-restricted units are created as a result of Sections 17.29 or 17.31 of the Brisbane Municipal Code.

17.49.040 – Exceptions.

A. The Local Preference shall be applied only if other funding sources for the project do not prohibit the preference.

B. This local preference shall be applied only if it does not violate federal and state fair housing laws.

C. The Local Preference does not apply to units that are set aside and to be filled through a specialized

ATTACHMENT 3
referral program, such as the coordinated entry program for those who are or have experienced homelessness.

17.49.050 - Administration.

The City Manager or designee is hereby authorized to adopt and, from time to time, amend Guidelines for the administration and implementation of the local preference as provided by this ordinance SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Brisbane hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

SECTION 3: This Ordinance shall be in full force and effect thirty days after its passage and adoption. _____________________________
Coleen Mackin, Mayor

The above and foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Brisbane held on the _________ day of ________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ _____________________________ City Clerk City Attorney

ATTACHMENT 4
DRAFT
City of Brisbane Local Preference Ordinance Administrative Guidelines Overview
The Affordable Housing Local Preference Ordinance establishes a local preference to assist people who live or work in Brisbane to receive a preference for affordable housing units.

The Local Preference Ordinance applies to units income restricted as a result of Sections 17.29 (Density Bonus) and Section 17.31 (Inclusionary Housing) of the City of Brisbane Municipal Code, or were supported by the City of Brisbane through funding, land, or other financial support. Developments that are leasing up on or after [Effective Date] are required to implement preferences in the initial lease-up, waitlists, and resales. Developments that are reopening waitlists after [Effective Date], and had initial lease prior to [Effective Date], will be encouraged, but not required, to participate. In addition, some affordable housing agreements signed before [Effective Date] have an older version of the local preference policy. In these cases, those provisions should be followed.
[Ordinance or Municipal Code citation] established the Local Preference. Applicants only need to qualify for one of the preference criteria to receive the Local Preference. To qualify for the local preference, an applicant must:
• Reside in Brisbane: At least one member of the applicant household’s principal place of residence is within the City of Brisbane as of the date of application for housing; or • Work in Brisbane: At least one member of the applicant household currently works or has received an offer to work within the City of Brisbane for at least 20 hours per week; or • Works for one of the following school districts for at least 20 hours per week: Bayshore Elementary School District, the Brisbane Elementary School District, or the Jefferson Union High School District.

More details on qualifying for the local preference can be found in the documentation requirements.

Applicability of Preference to Affordable Units
The Local Preference shall be applied only if other funding sources for the project do not prohibit the preference. This local preference shall be applied only if it does not violate federal and state fair housing laws.

For Inclusionary Housing and Density Bonus units in mixed-income buildings, the local preference shall apply to 100% of the affordable units at initial lease-up or sale of the residential development and continuing thereafter throughout the term of the affordability restriction.

For 100% Affordable Housing Projects, the local preference shall apply to 100% of the

ATTACHMENT 4
Affordable Units, except as provided in BMC Section 17.49.040, and allocated through a lottery at initial lease-up or sale of the residential development and continuing thereafter throughout the term of the affordability restriction.

Units with additional funders may have further limits on the application of a Local Preference.

If any funder limits the application of preferences in any way, the City shall allow the project to proceed with a more limited or no preference.

The following is an example where some units are filled through a set aside, and others are filled through a lottery, but the County funding further limits the application of the Local Preference, based on the relative proportion of funding provided by the City and the County.

Please note that County policy may evolve, and for larger projects, a Disparate Impact Analysis may be required for that specific project.

For example:

Affordable units: 50
Units
Number of affordable units under City
inclusionary :
8 units
Units with no set aside: 42 units
Percentage of county & city funded
provided by the City of Brisbane
40%
Units with the local preference (40% of all
units)
20 units
Percent of units with no set aside to which
local preference applies (20/42)
48%
Application and Prioritization Process
• Step 1: Applicant completes an on-line or paper application and selects the preference qualifications they believe they are eligible for. • Step 2: Doorway, the leasing/marketing agent, or City staff uses a random number generator to assign all applicants, regardless of preference, a priority number. • Step 3: For the units with the local preference, the leasing/marketing agent sorts the priority list based first on the income eligibility (AMI) and the bedroom type (the “Unit Type”), then local preference eligibility and finally by the priority number (lower to higher). Applicants eligible for more than one Unit Type may appear in more than one list.
• Step 4: The leasing/marketing agent begins the process of confirming both the eligibility and preference for each applicant, starting in order of the above sort. The applicant shall provide sufficient documentation to establish both eligibility for the Unit Type and

ATTACHMENT 4
the local preference. Applicants deemed ineligible for a specific Unit Type are removed from the list for that Unit/Unit Type. Applicants who are not able to establish their eligibility for the local preference, but who are otherwise eligible for the unit, are resorted accordingly. • Step 5: The leasing/marketing agent continues the process outlined in Step 4 until all the preference units have been filled. All remaining applicants are then eligible for any available Unit, including preference Units if such Units are not filled by applications having a preference, and are sorted by their eligibility for a Unit Type and their priority number, with no consideration of their local preference eligibility.

Documentation Required
All documentation must be dated within 45 days of the initial application.

Preference Criteria Documentation Required
Resides in Brisbane Applicant must provide at least one of the following:
• Paystub
• Public benefits statement (SSI/SSP, MediCal, Unemployment, CalFresh)
• Lease agreement
• Telephone bill
• Electric Bill
• Cable or Internet Bill
• Other Utility Bills (water, trash, etc.)
• Voter Registration
• School Records
Unhoused residents of Brisbane may receive this preference with written evidence from a government agency or social service provider that the resident received homelessness services in Brisbane or had had a home in Brisbane as their previous address.

Works in Brisbane or
works for a Brisbane
school district
Applicant must provide at least one of the following:
• Employment verification from an employer
• Three most recent paystubs, including the number of hours worked and address of the employment location
• A written offer of employment including the address of the employment location
• Self-employed Applicants shall provide evidence of their operation of a business located in Brisbane, with local permits or licenses as required, at the time of application.

To be considered for this preference, paid employment must be for at least 20 hours per week, and the position requires at least two days a

ATTACHMENT 4
week on site within Brisbane.

Working in Brisbane does not include volunteer or unpaid work, or selfemployment consisting solely of operating a business entity established solely for the purposes of investment in rental property.

ATTACHMENT 5
Local Preference Policies in San Mateo County Cities and Towns Seven jurisdictions in San Mateo County participated in the 2026 Multi-City Disparate Impact Analysis.

These cities, noted below, are reviewing their policies and considering new ordinances that will implement local preferences for 100% affordable properties, as well as BMR units in mixed-income residential developments. Other jurisdictions with local preferences are also included below.

City or Town Local Preference Policy
Status
Current Preferences 2026 Disparate
Impact Analysis
Participant?
Atherton None Currently N/A no
Belmont None Currently N/A no
Brisbane None currently, except as
included in BMR
agreements
Current: Live/work
Proposed: live, work,
school district employees
yes
Colma None Currently N/A no
Daly City included in affordable
housing agreements
live, work yes
East Palo Alto Updated Resolution
Passed in 2025
live, work, displaced no
Foster City BMR Resolution live, work, city or school
employees
no
Half Moon Bay None Currently N/A no
Hillsborough None Currently N/A no
Menlo Park BMR Resolution live, work, displaced no
Millbrae BMR Resolution live, work yes
Pacifica BMR Housing Ordinance live, work yes
Portola Valley None Currently N/A no
Redwood City BMR Ordinance live, work no
San Bruno BMR Housing Ordinance Live, work, school district yes San Carlos BMR Ordinance live, work, public
employees
no
San Mateo BMR Resolution live, work yes
South San
Francisco
Ordinance live, formerly lived, work no
Woodside None Currently N/A no

Affordable ADU Loan Program Page 1 of 3

HOUSING SUBCOMMITTEE AGENDA REPORT
Meeting Date:

From:

Subject:
8/20/2026
Julia Ayres, Community Development Director
Tim Davis, HEART of San Mateo
Multi-Jurisdictional Affordable ADU Loan Program
Recommendation
Staff recommends that the Housing Subcommittee receive staff’s report and provide direction on potential participation in the multi-jurisdictional affordable accessory dwelling unit (ADU) loan program.

Background
Housing Element Program 2.E.2 commits the City to consider participating in a regional forgivable ADU construction loan program for homeowners to construct an ADU that is deedrestricted as affordable. The Affordable Housing Strategic Plan (AHSP) also calls out the development and contribution of funds for a regional ADU loan program under Strategy A-2:

Support for Middle Housing. Further, AHSP Strategy A-1: Subsidize Affordable Housing through Direct Funding also support the funding of such a program.

Since 2025, Community Development Department staff have actively attended a working group focused on developing a multi-jurisdictional affordable ADU loan program. The working group is managed by the San Mateo County ADU Resource Center, a nonprofit that helps jurisdictions meet their ADU production and affordability commitments and ensure they are up to date on State laws and HCD compliance requirements. The City of Brisbane is a member of the ADU Resource Center, along with 14 other San Mateo County jurisdictions. The working group met regularly for over a year to review jurisdictional goals and provide feedback to the ADU Resource Center staff on the structure of a potential ADU loan program. The ADU Resource Center has finalized the parameters for a multi-jurisdictional affordable ADU loan program, discussed further below.

Discussion
The Affordable ADU Loan Program would support homeowners in building or legalizing an ADU on their property by providing a low-interest incentive loan, fee waivers, technical assistance, and access to a registry of vetted design-build teams. The low-interest loans are expected to be between $100,000 and $125,000. Participating cities would contribute funds to the program’s administrative costs, fund loans for ADU construction in their respective jurisdictions (not other jurisdictions), and assist with any fees or permits to be waived. The Housing Endowment and Regional Trust (HEART) of San Mateo has expressed interest in administering and servicing the loans for the program.

As a condition of receiving the loan, a deed restriction or similar restriction would be imposed on resulting ADUs requiring that they be rented to low-income households for eight years, with the exact area median income (AMI) percentage to be determined based on jurisdictional

Affordable ADU Loan Program Page 2 of 3
preference. The program duration is not yet defined but would be limited by the amount of funding the City/Housing Authority would be willing to commit to fund loans for ADUs in Brisbane. The proposed program parameters are described in more detail in Attachment 1.

Memorandum of Understanding
Now that the broad parameters of the potential affordable ADU loan program have been determined, the ADU Resource Center has asked interested jurisdictions to sign a three-year Memorandum of Understanding (MOU) to move forward in the process. The purpose of the MOU is to describe the Program, express the City’s intent to participate in the Program and to seek appropriation of funds to support the Program, outline the anticipated roles and responsibilities of the City and the ADU Resource Center, and establish a framework for negotiation of a future definitive funding agreement. The draft MOU is specifically non-binding as to financial contributions. Either party may withdraw from the MOU at any time, without cause, by providing 60 day written notice.

The future definitive agreement referenced in the MOU would outline funding amounts, payment schedule, permitted uses of funds, reporting and audit rights, recapture or return of unused funds, insurance and indemnification, and compliance with applicable federal, state, and local laws. HEART and the ADU Resource Center are working to create a loan product which would be outlined in the definitive agreement.

The ADU Resource Center would be the program administrator to manage program intake, marketing, outreach, application review, and homeowner selection, provide or coordinate technical assistance, vet design-build partners, coordinate with a third-party loan servicer to originate and service loans, provide reporting to the Jurisdiction, monitor compliance with renters or homeowners, and convene a Program Advisory Committee.

Next Steps
Should the subcommittee direct staff to pursue the MOU, staff will work with legal counsel to review the MOU and refine its provisions with the ADU Resource Center. Depending on the subcommittee’s direction, staff anticipates that the full Council/Housing Authority board would need to authorize the City Manager/Executive Director to execute the MOU at a future Council/Housing Authority Meeting.

Fiscal Impact
If the City/Housing Authority were to participate in the affordable ADU loan program, contributions would be required from the Authority’s low and moderate income housing fund.

Funds to support the program would include seed funding for loan capital, technical assistance grants, and program administration funds, in addition to waivers or reductions of permitting fees for ADU projects, expedited permitting review, staff time for application review coordination, code interpretation, or other technical liaison functions, and promotion and marketing of the program through Jurisdiction communication channels. The final amount of seed funding is to be

Affordable ADU Loan Program Page 3 of 3
determined in the future definitive agreement but would amount to $100,000 - $125,000 in loan funds per ADU in Brisbane, approximately $10,000-$15,000 in technical assistance funding per ADU in Brisbane, and administrative costs associated with the program, which would be split between participating jurisdictions.

The City has complete discretion to determine how much funding it is willing to commit to this program, should it be interested in participating. To illustrate a potential costs, the City’s Housing Element projects production of five ADUs annually over the 2023-2031 planning period. While it is hard to predict how many homeowners may be interested in the loan program, if we anticipate at least five interested homeowners, the total impact to the low/moderate housing fund would be approximately $700,000 for loans (assuming the high end of the range at $125,000 per loan and $15,000 in technical assistance), plus overall program administrative costs to support the program. The ADU Resource Center anticipates that four jurisdictions are seriously considering participation. With administrative costs projected at approximately $80,000 annually, split between four jurisdictions the City’s individual contribution annually to support the program would be approximately $20,000. The City would not financially contribute to loans or other project-specific costs for ADUs built in other jurisdictions.

Attachments

1. Preliminary Affordable ADU Loan Program Parameters
___________________________________ ___________________________________ Julia Ayres Tim Davis
Community Development Director HEART of San Mateo County ___________________________________
Jeremy Dennis
City Manager/Brisbane Housing Authority Executive Director Julia Ayres

August 2026
1 AFFORDABLE ADU PROGRAM OF SAN MATEO COUNTY
The Affordable ADU Program of San Mateo County is designed to unlock the potential of ADUs as a source of affordable rental housing and as a tool to promote preservation and prevent displacement of low- to moderate-income homeowners. The program will support homeowners in building an ADU on their property by lowering the financial and technical barriers to ADU construction. With a special focus on affordability and equity, the program is designed to support jurisdictions in meeting the affordability goals outlined in their Housing Elements.

Proposed Program Structure
Two Program Tracks
Homeowners can participate in the
program by meeting either of the
following eligibility criteria1:
• Affordability Track: Homeowners
willing to rent their ADU at belowmarket rates (60% AMI) for a defined period (8 years), helping to create
affordable infill housing for incomequalifying community members • Equity Track: Low- to moderateincome homeowners (<120% AMI) seeking to build an ADU, helping them
generate income, increase property
value, and achieve long-term stability
Program Offerings
Homeowners participating in the
program will receive:
• Financial Incentives: Low-interest
loan and permitting fee waivers,
contingent on jurisdiction preferences
• One-Stop Technical Assistance: Endto-end support, from feasibility and permitting to construction oversight
and lease-up
• Trusted Design-Build Partners: Vetted
teams and pre-approved plans to offer
homeowners a faster, lower-cost path
to high-quality ADU construction
Roles
The Program will be launched with seed funding from participating jurisdictions. We are also actively exploring partnership opportunities with for-profit and non-profit lenders, philanthropy and trusted ADU design-build professionals.

The ADU Resource Center of San Mateo County will manage program administration, creating a shared infrastructure to create economies of scale and lighten the staffing burden on jurisdiction staff. Any loans originated through the program will be fully managed by a third party.
1 Jurisdictions can opt into one or both track(s)
ATTACHMENT 1

August 2026
2 Budget (Draft)
Financial incentive
Low interest incentive loan $100,000 per unit
Technical assistance
Feasibility & preconstruction $10,000 per unit
Project management &
construction oversight $2,000 per unit
Lease up & landlord supports $500 per unit
Technical assistance total $12,500 per unit
Program administration
Program management $50,000 annually
Monitoring & compliance $30,000 annually
Total program administration $80,000 annually, split across participating jurisdictions ATTACHMENT 1