Additional Information
Item # . 6C — i Q 00
CHULA VISTA, CA 91910
le- hone
City Councilman JosePreciado February 6, 2023
Thank you your response to my E-mail. Hoping, to update the ChulaVista City Council at tomorrow's meeting (02/ 07/ 23) regardingthe devastatingsideeffectsof Chapter9.65 of the ChulaVistaMunicipalCodeOrdinance3527 (commonly knownas the " ResidentialTenantProtectionAct").
Thereareseveralclauseswithinthisordinancewhichare
harmful to Chula Vista renters. I havepreviouslyE-mailedall the necessary documentation with a summary of the two most egregious sections of this act.
I drew on my fifty years experience as a Chula Vista
residential landlord studying this ordinance in great detail.
Additionally I have consulted with several real estate
professionalsof whomI trustandhaveknownfor over35years.
If you doubt the accuracy of my conclusions, please feel free to contact;
JonMiller Reality. 283 "G" St. CV 91910. Personel Cell:
Earl Jentzof BalboaReality659ThirdAve CV 91910.
Personel Cell:
Barry L St. Onge of Allstate Insurance651 Third Ave CV
91910.
Initially Jon Miller was unconcerned. Basically he felt that this ordinancewould neverpassbecauseof its numerousflawed clauses. Earl Jentz, onthe otherhand, waspessimisticfrom the beginning. He felt the " Residential Tenant Protection Act" was Mayor Salas' s " Baby" and she was determined to push it thru beforetheendof hertermnomatterhowmanypeoplewhereharmed. Barry L St. Onge, who has been our insurance agent for over 35 years, avoided the political aspects of this ordinance.
SincelastAutumn, hehassimplybeenadvisingallhisclientsto liquidate their Chula Vista residential real estate holdings. Mr St. Onge is certain that, because of this ordinance, it is way too risky being a Chula Vista residential Landlord.
I hopeI havenotbreachedtheconfidencebysharingtheopinions of these professionals. However, with the fast approaching implementation of this ordinance, and the harmful side effectssoonto be experiencedby all Chula Vista renters, I felt it wasworthtakingachancesharingthisinfo.
On a personnel note; Here is how this ordinance effects a couple of tenants I have the privilege of serving. Tony ( his real name) hasmadea homein oneof our 1 bedroom1 bathroom
units.
Sincewehavepurchasedthepropertymanyyearsago
andbecauseI amprettyhandydoingmostof themaintenance
myself, Tony can live in our beautiful community for $ 1,000 a month. He loves the place.
Pam, a Grandmotherliving on SSAN, hasbeenawonderful
tenant for over eleven years. This past SpringI transformedher 1960's era two bedroomtwo bathroomcondo into a beautiful modern home. Although the rent for identical units in the complex ranges from $ 2, 600 to $ 2, 800, we managedkeep her rent at $ 2, 200.
Because of this ordinance, all has changed. Mary and I are now forced to raise rents more than we have ever feared was possible. Now all Chula Vista Landlords will be prohibited from charging reasonablerents. As statedmany times before, herearejust two reasonswhy.
Although most of our tenants are long time residents,
sooner or later a tenant will move for what ever reason ( Job transfer Etc). Clause 9.65.060E Statesif a tenant terminates their leaseandmovesaway, "fawners and Tenants shall provide City with informationregardingterminationof Tenanciesat such times) andwith suchdetailsasshall berequiredby city in the attendant Administration Regulations."
Additionally, if a tenant or landlord makes a procedural error informing City Staff of the details of the move, Clause
9. 65. 08OC2 States: " Civil penalties for violations of this chapter may be assessedat a rate not to exceed $ 5, 000 per violation per day. When a violation occurs it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued " Mage 3 of 5
Effective March 1, 2023, not only will Landlords be subject to $ 5,000.00 daily finesfor simplepaperworkerrorsbut may alsobeprohibitedfrom correctingthoseerrors.
Usingastheexampleof our previouslymentionedtenants
and with rent increases capped at 10%, Tony will haveto pay an additional $
100.00 a monthfor fifty monthsin orderfor Mary
and I to simply impound the $5,000.00 required to pay a mere one day fine which is soon to follow. We have also been forced to increasePam' monthly rentby $220. 00. ALL BECAUSE OF SIMPLE POTENTIAL PAPERWORK ERRORS!
I have talked to numerousCity Staff Members. Staffers
insist that it is not their intention to dispensefines for mistakes.
However, consideringsubstantialfines can be levied for simple paperwork errors, prudent Landlords will not rely on the "Hope" they will not face fines. A prudent Landlord must be prepared by raising rents.
I alsohavehadconversationswith theCityAttorneywho
was instrumental in creating this ordinance. She insisted it would be very difficult exemptingpeoplefrom fines for simple errors because " How would one decide who made an error or who purposely ignored the law?"
I believe the vast majority Landlords are decent honest people.
Thiswholeproblemhasa commonsensesolutionby
replacing " it is not requiredthat a warning or noticeto cure must first be given" with the following clause: " upon
notification, Landlords and/or Tenants have 30 days to cure any violation to this ordinance."
I could shareadditionalclauseswhich are detrimentalto
our community. In the interestof brevity Clauses9.65.08002 and 9.65.060E are the most egregious.
This Ordinancepassedlast yearwith 3 councilmembers
voting in favor and 1 (Jill Gavez) voting no. Of the 3 who voted in favor, all stated in one form or another: " Although this Ordinance is not perfect,...'' If you check, you will realize all council members had some reservations with this ordinance. It istimetocorrecttheclauseswhichdiverselyaffectsChulaVistarenters.
Our City Attorney has advisedMayor McCann to recuse
himself in this matter. I am pleading with you to take the lead andencourageour City Councilto showcompassionfor themost vulnerable of our society by placing this item on the Council' s agenda and passingthe following motion:
Implementation of ORDINANCE NO. 3527 (` Residential
Tenant Protection Act") to be delayed to give staff sufficient time modify clauses which adversely affects renters and insert languagegiving "the right to cure" to those who are in violation because of an inadvertent mistake."
Thank You