Additionjil Information
Item #
CHULA VISTA, CA 91910
C' ria adoorian February 7, 2023
Regarding the negative side effects of the Chapter 9.65 of the Chula Vista Municipal Code Ordinance 3527 ( commonly known as the " Residential Tenant Protection Act") which goes into effect 03/ 01/ 23, I had an informal conversation with Chula Vista' s City attorney ( Glenn Googins) during a break at the 01/ 17/ 23 council meeting. He advised me of the proper procedure for getting a motion presentedand passedby the City Council. Basically he said to " state my case" and have one individual on the council request another two members of the council to place the matter on the Council Agenda. I will follow Mr. Googins advice. Although I will continue to inform the entire council of my concerns by presenting the facts as I see them, I request Council Member Jose Preciadoto be the
individual to move forward with this matter.
As you probably are aware, I have been a conscientious
Chula Vista landlord for over fifty years and have always been concerned with the welfare of our community' s renters.
Although, I am sureour previous City Council meantwell, there are serious negative side effects of this ordinance, some of which I will outline below.
Although the ordinance purports to protect Tenants, there are clauses that punish tenants with $ 5, 000. 00 fines for infractions as minor as simple paperwork errors. Additionally, Tenants may be prohibited from correcting inadvertent errors.
See Clause 9. 65. 08002 and Clause 9. 65. 060E below.
Clause 9. 65. 080C2 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 beissued." Clause 9.65.060E States if a tenant terminates their lease and moves away, " Owners and Tenants shall provide Cityy with information regarding termination of Tenancies at such
tirne( s) and with such details as shall be required by city in the attendant Administration Regulations."
The confusing verbiage of Clause 9. 65. 060E above
virtually guarantees departing Tenant and Landlord will be in violation and subject to a $ 5, 000. 00 daily fine as stated in Clause 9. 65. 08002. Additionally, language allows $ 5, 000. 00 daily fines to be compoundedto the point where an individual' s entire life' s savings may be confiscated. All because of a simple paper error!
I have talked to numerous City Staff Members. Staffers
insist that it is not their intention to dispense fines for mistakes.
Considering substantial fines 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 an average of $ 304. 70 in order to fund potential fines ( See documentation # 6 & 8 below). Such an increase will force hundreds of our neighbors out of their homes exasperating an already serious homeless problem ( see documentation # 4, 8, 10, & 11 below).
If staff was sincere in their intent to aid tenants, they would have replaced the clause " it is not required that a warning or notice to cure must first be given'' with the following clause:
Upon notification, Landlords andfor Tenants have 30 days to cure any violation to this ordinance. " The fact that staff refuses to give an opportunity to correct simple paperwork errors leads many to believe staff places a higher priority on increasing city revenue asopposedto actually assistingtenants.
What our previous City Council failed to realize is that many of our rental neighbors are barely hanging on financially.
Those who passed this law did not take into account...
The average monthly Chula Vista rent now tops *$ 3, 047. 00 U.S. Dept of Housing & Urban Development April 2022) ... 42%^ Percentage of CV housing units are rentals. ( Data compiled by City Staff} ...
Of these households 46% pay more than 50% of their income towards housing costs. (",Data compiled by City Staff).
I am a 12 year CAST ( Community Assistance Support
Team) Volunteer attached to the Chula Vista Fire Department.
CAST members, who are on call 24 hours a day seven days a week, are dispatched by the CVPD to assist members of our community who' s loved one has passedaway. I have witnessed first hand how the financial bottom rung of our society lives. I feel in my gut the implementation of this ordinance, as written, will absolutely devastate a portion of our community which has already endured all the hardships society can present.
I could share additional clauses which are detrimental to our community. In the interest of brevity Clauses 9.65.08002 and 9. 65. 060E are the most egregious.
I am pleading with you to encourage our City Council to show compassion for the most vulnerable of our society by placing this item on the Council' s agenda and passing the 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 language giving " the right to cure" to those who are in violation because of an inadvertent mistake."
Thank You
f0601, 79 qlwo
Rage 4 of 7
Documentation of the above information:
1) Chula Vista Population: 283, 972
Chula lista - U. S. Census Bureau QuickFacts)
2) Average number of individuals in each household: 3. 31 Chula Usta - US Census Bureau QuickFacts)
3) PercentageChula Vista housing which arerentals. 42%
Data compiled by City Staff)
4) Number of Chula Vista Rental Units: 36, 033
Population of Chula Vista (283, 072) divided by the
average number of people residing in each Residence
3. 31) equals 85,792multiplied thepercentage of
residences which are rentals ( 42%) equals the approximate number of Chula Lista rental units. ( 36, 033)
5) Approximate number of Chula Vista renters: 119, 268
CV Population 283, 9 72 x . 42%)
6) Approximate Average Monthly Chula Vista Rent: $ 3, 047. 00 Seeattached CT Staff provided " Relocation Assistance"
Pic - Average of Line 2ndfrom bottom)
7) With no right to cure, amount of daily fine levied if Landlord or Tenant inadvertently makes a paperwork error when Tenant terminates lease and moves: $ 5, 000. 00
Clauses9.65.060 E and 9.65.080 C2 of " Residential
Landlord and Tenant Ordinance " )
8) Maxim averagemonthly rent increaseallowed .. $ 304. 70 3047. 00 x 10%. California AB - 1482 5% plus inflation
Max 10%)
9) Average number of months required for Landlord to recoup a one day fine: 16. 41
5000.00 divided by $304. 70)
10) Approximate total monthly maximum rent increaselevied on Chula Vista Renters if Landlords are forced to impound funds to the pay daily fines.. $ 10, 979, 255. 00
36,033 Rental Units multiplied by $304. 70)
11) With rents at an all time high, Credit Card debt at historic levels, and savings at an all time love, pushing a $ 10, 979, 255. 00 monthly rent increaseon the Chula Vista residentswho can least afford will be devastating. If less than one half of one percent of Chula Vista renters are " Pushed Over The Edge" and are forced to live on the streets, almost 600 of our neighbors will be left homeless. ( 119, 268 times . 005 equals 594)
U.S. DepartmentofIlousingandUrbanDevelopmentSniallAreaFairMarketRent (April2022) Efficienc 1 2 3
Y Bedroom Bedroom Bedroom
4 Bedroom
1, 850 2, 040 2, 620 53, 640 4, 450
1, 430 1, 580 2, 030 2, 820
3,4501, 440 1. 600 2.0505 52,,.8, 0 3; 490 itAWs0c
2, 110 2, 340 3, 000 4, 170 S5, 1003 53--40
2, 360 2, 610 53, 350SAOOO 54, 650 55, 700
f
s
2, 360 2, 610 3, 350 55.70p
Sam
5,, sn0
51, 925 2, 130 2, 733 3, 74? 54, 548 4
SLOW
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1628_
so
Exhibit 2
ComparisonofSurveyDatavs. SAFMR
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