CHULA VISTA, CA 91910
Honorable Mayor & City Council February 23, 2023
I am here to give an update regarding the implementation of Ordinance Number 3527 of the Chula Vista Municipal Code, commonly known as the Tenant Protection Act). I have
attended two of the city' s workshops. Along with about twenty attorneys and representatives of large property owners, I was the only " Mom & Pop" Landlord present. I mostly sat back and listened to the concerns of those present.
I would like to give a big " shout out" to City Staffer Stacey Kurtz who, along with her associatesare doing their absolute best to create the necessaryAdministration Regulations needed to enforce this hastily drawn and, in my opinion, poorly worded act.
One major item of discussion of those present was the
concern that their clients would be liable for $ 5,000.00 daily fines for inadvertent errors when attempting to comply with Ordinance' s notification process. Staff attempted to cahn everybody' s fears by presenting two points;
1) Despite instructions form the City Council, the courts would probably never allow $ 5, 000. 00 fines for
inadvertent errors.
Rage 1 of 10
2) Presentstaff is going to initially ignore the clausewithin the Ordinance which prohibits " The Right To Cure"
for offenders who make inadvertent errors.
I have talked to numerous City Staff Members. Staffers
insist that it is not their intention to dispense fines for mistakes.
However, 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.
On a Personal note: One staff member and an attorney
took me aside suggesting I seek legal advice. They pointed out a loop hole in the law which any competent legal council might find a way to exempt my wife and I from this Ordinance all together. I thanked the attorney but didn' t have the opportunity to inform him it was never about us. Mary and I are hoping to prevent the inevitable rent increase and homeless problems created by the presentwording of this ordinance.
Honorable Mayor & City Council, may I suggestwe avoid
future court challenges and staff' s insurmountable difficulties creating the necessary Administration Regulations by simply correcting the poorly worded clauses within Ordinance Number 3 527 of the Chula Vista Municipal Code.
On many occasions, I have attempted to bring to your
attention the clauses within the ordinance which create the greatestharm to the tenantsof our community. Listed below are the most egregious clauses.
Clause 9.65.060E States if a tenant terminates them lease and moves away; " Owners and Tenants shall provide Qy with
information regarding termination of Tenancies at such
times) and with such details as shall be required by city in the attendant Administration Regulations. "
Although no one attending the workshops completely
understood what action Landlords and Tenants were to
undertake in order to comply with Clause 9.65.060E, the harm caused becomes mute with the suggested amendment to the above Cause 9. 65. 08002.
Another Discrepancy in The Ordinance:
The definition of the tenni " Substantial emodei' is deeply flawed by subjecting landlords to $ 5, 000. 00 daily fines.
Additionally, if the City Attorney considersthe remodel to be an interference with a Tenant' s peaceful enjoyment'' of the rental as stated in Clause 9. 65. 080C4b), Landlord is subject to six months imprisonment if the proposed improvement of the
property does not adhere evea point of the definition below.
Substantial Remodel means improvements to a Residential Rental Unit meeting all of thefollowing criteria:
1. Any structural, electrical, plumbing or mechanical systemis being replaced or substantially
2. The cost of the improvements ( excluding insurance proceeds, land costs, and architectural/ engineering fees) is equal to or
greater than $ 40 per square foot of the Residential Rental Unit; and
3. A permit is required from a governmental agency, or the abatement of hazardous materials, including lead-basedpaint, mold, or asbestos is required in accordance with applicable federal, State, County, or City laws and cannot be reasonably accomplished in a safe manner with theTenant in place; and
4. It is necessaryfor the Residential Rental Unit to be vacant for more than sixty( f 0) days in
Cosmetic improvements alone, including, but not limited to, painting, decorating, flooring replacement, counter
replacement, and minor repairs, or other work that can be performed safely without having the Residential Rental Unit vacated, do not constitute a Substantial Remodel.
The Italic text above should be simply replaced with " Any improvement which cannot be safely completedwithout tenant vacating the premises. "
Another " Problem" with the present wording of
Substantial Remodel" is that Landlords knowledgable of this cruse are, in many cases, prohibited from improving antiquated and rundown properties.
Mary & I have recently substantially remodeled three
condominiums in Chula Vista. We transformed these 1960' s outdated units into beautiful modern homes. I am proud to say, upon completion, the units were rented at $ 600. 00 below identical units in the same complex. If this ordinance had passed before we completed these projects, we would have been
prohibited by law from improving these properties becausethe work we performed did not comply with the definition of Substantial Remodel'".
Many properties on the West Side of Chula Vista are old and in much need of repairs. Discouraging property
improvements in this area of our city not only degradesour community but also encouragesthe establishment of slums.
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 X$ 3, 047. 00 X
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 haspassedaway. I have witnessed first handhow the financial bottom rung of our society lives. I feel in my gut the implementation of this ordinance, as written, will absolutely devastatea portion of our community which has already enduredall the hardships society can present.
Mary & I arevery fortunatethat staff pointedout we may
be exempted from the effects of this ordinance. This fact should prove to all present our motives are not selfish. Some of our tenants have been with us for 10, 20, and even 30 years. We consider them neighbors and friends.
Our only goal of this and past presentationsto The city Council is to modify Ordinance Number 3527 of the Chula Vista Municipal Code so that simple paperwork errors by Tenantsand Landlords does not result the the loss of a persons life savings.
I will continue to work with the Chula Vista Housing
Commission, the San Diego Alliance of Californians for
Community Empowerment ( A. C. C. E) and any other
organization which would assist in our efforts modify clauses within this Ordinance which are detrimental to Chula Vista renters.
I am pleading with you to show compassion for the most
vulnerable of our society by offering and passingthe following motion:
Implementation of ORDINANCE NO. 3527 ( The
Residential Landlord and Tenant Ordinance) to be delayed to give staff sufficient time modify clauseswhich adversely affects renters and insert language giving " the right to cure" to those who are in violation because of an inadvertent mistake."
Maxim averagemonthly rent increaseallowed.. $ 304. 70
3047. 00 x 10%. California AB- 5% plus inflation
Max 10%)
9) Averagenumberof monthsrequiredfor Landlordto recoupa 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 low, pushing a $10, 979, 255. 00 monthly rent increase on the Chula Vista residents who 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. Departmentof }lousingandUrbanDevelopmentSmallAreaFairMarketRent (April2022) Efficient
Y
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