STAFF REPORT
DATE: July 30, 2024
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Simone McFarland, Assistant Community Development Director, Housing and Economic Development
Maribel Leyland, Housing Authority Manager
Iain MacMillan, Senior Assistant City Attorney
BY: Shipra Rajesh, Housing Development Manager
SUBJECT: Adoption of an Ordinance Modifying Residential Tenant Protections within the City of Burbank
RECOMMENDATION
Adopt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK, CALIFORNIA, AMENDING CHAPTER 4 (“RESIDENTIAL TENANT PROTECTIONS”) OF TITLE 5 (“POLICE AND PUBLIC SAFETY”) OF THE BURBANK MUNICIPAL CODE, BY
INCREASING RELOCATION ASSISTANCE FOR CERTAIN NO -FAULT EVICT IONS AND ADDING ANTI-RETALIATION TENANT PROTECTIONS (ATTACHMENT 1).
SUMMARY
On July 16, 2024, Council introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURBANK, CALIFORNIA, AMENDING CHAPTER 4 (“RESIDENTIAL TENANT PROTECTIONS”) OF TITLE 5 (“POLICE AND PUBLIC SAFETY”) OF THE BURBANK
MUNICIPAL CODE, BY INCREASING RELOCATION ASSISTANCE FOR CERTAIN
NO-FAULT EVICTIONS AND ADDING ANTI -RETALIATION TENANT PROTECTIONS, which included modifications discussed below.
Vote at Introduction:
AYES: Anthony, Mullins, Takahashi, Perez, and Schultz.
NOES: None.
ABSENT: None.
COMMUNITY
DEVELOPMENT
2 APPROVED MODIFICATIONS
Changes have been incorporated on page 5 of Attachment 1 (Ordinance) by removing § 5-4-104(C) and § 5-4-105(B), as indicated below:
• § 5-4-104(C), Exemption. The increased relocation assistance required by this section shall not apply to residential tenancies in a rental complex with four (4) or fewer rental units, but such owner shall pay relocation assistance in an amount equal to no less than one (1) month of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. "Rental complex", for purposes of this subsection, means one or more commonly-owned buildings used in whole or in part for residential purposes, located on a single lot, contiguous lots, or lots separated only by a street or alley.
• § 5-4-105(B), In an action against the tenant, evidence of the assertion or exercise by the tenant of rights under this chapter or under state or federal law within 180 days prior to the alleged act of retaliation shall create a rebuttable presumption that the owner’s act was retaliatory. “Presumption” means that the court must find the existence of the facts presumed unless and until its nonexistence is proven by a preponderance of the evidence. A tenant may assert retaliation affirmatively or as a defense to the owner’s action without the presumption regardless of the period of time which has elapsed between the tenant’s assertion or exercise of rights under this chapter and the alleged act of retaliation.
ENVIRONMENTAL REVIEW
The adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines § 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines § 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment.
FISCAL IMPACT
There is no fiscal impact to the City by adopting the proposed Ordinance. However, additional staffing will be necessary to enforce the provisions of the proposed Ordinance.
During the budget hearing held on May 21, 2024, Council approved funding for five new positions, t hree with the Community Development Department and two with the City Attorney’s Office, to create a Housing Enforcement Unit to facilitate implementation and enforcement of the proposed Ordinance.
ATTACHMENT
Attachment 1 – Ordinance