Joseph A Raso
Telephone
Honorable Mayor & City Council 11/14/23
Individuals are permitted to address the City Council
for only three minutes. Realizing this, over the past
several months I have been methodically presenting to
you, in three minute segments, a fifteen page report
outlining at the negative side effects of the “Tenant
Protection Ordinance”. This report was composed solely from City Staff supplied data.
I believe, in my heart, once this City Council
recognizes the harm the TPO has been brought upon
Chula Vista renters, the sooner our Council will enact
changes bringing relief to those in our community who
can least afford.
I have been a Chula Vista Landlord for over a half a
century. My wife, Mary and I have created lifelong
friendships, with many tenants having been with us for
10, 20, even 30 years. Our goal has been to provide for our residents with comfortable affordable housing.
Because of my expertise in management and
maintenance, we have been largely successful in that
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endeavor. However, upon the passing of the “Tenant
Protection Ordinance”, all our efforts contributing to a stable family friendly community have ground to a halt.
Threatening Landlords and/or Tenants $5,000.00
daily fines for simple clerical errors absolutely devastates renters by forcing Landlords to drastically raise rents.
I urge you to study the fifteen page report outlining
“The Negative Side Effects of The Tenant Protection
Ordinance”. It is an easy read. You can reference the “Tenant Protection Ordinance” and the “Tenant Protection Ordinance Administrative Regulations” in order to
confirm that every word in this report is true and accurate.
Although The TPO contains many clauses which are
detrimental to Chula Vista renters, the following two
Clauses are absolutely devastating to tenants.
Clause 9.65.060E states if a tenant terminates their lease and moves away, “Owners and Tenants shall provide
City with information regarding termination of
Tenancies at such time(s) and with such details as shall be required by city in the attendant Administration
Regulations.”
Failure to accurately comply because of simple
paperwork errors results in Tenants and/or Owners subject Page of 2 6
$5,000.00 daily fines WITH NO OPPORTUNITY TO
MAKE CORRECTIONS. (See Clause below)
Clause 9.65.080C2 States: “Civil penalties for violations of this chapter may be assessed at 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.”
Well meaning Landlords and Tenants should receive
a warning if a clerical error has been made. I request staff be instructed to modify The “Tenant Protection
Ordinance” to remove the five underlined words above.
This would allow Landlords and/or Tenants to correct
paperwork errors. Make note: You should expect
resistance from staff to modify the TPO with the
following two excuses.
Excuse #1: It is difficult to differentiate between an
inadvertent error or willful misconduct.
We have been informed, by City Staff, the five
underlined words above were purposely added in order to ease enforcement of the “Tenant Protection Ordinance”.
Staff prefers not to be required to warn Owners and/or
Tenants who are in violation of the Ordinance. Staff
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maintains it is difficult to differentiate between an
inadvertent error or willful misconduct.
With such flawed logic, the CVPD might as well ticket
everyone driving down the road as opposed separating
speeders from conscientious drivers. Staff should realize the purpose of the “Tenant Protection Ordinance” is to
PROTECT Tenants and NOT make staff’s job easier by
indirectly forcing owners to drastically raise rents.
Excuse #2: There is simply is not enough “Bad Actors”
to generate sufficient income.
Staff continues to maintain enforcement will be
concentrated on “Bad Actors” with no efforts to levy fines on Good Intention Owners and/or Tenants. However
many believe the five underlined words were added to
generate sufficient income to support the burgeoning staff assembled to enforce The “TPO”. Staff needs the option to levy fines on well meaning Owners and/or Tenants.
The Mere Threat of a $5,000.00 Daily Fine Reeks
Havoc on Renters:
Those attending workshops, were informed that staff
would most likely ignore enforcement of the harshest
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penalties authorized in The “Tenant Protection
Ordinance.” Ironically, staff does not have to actually fine Owners to burden Chula Vista renters with financial hardship. The mere threat of $5,000.00 daily fines for Owners and/or Tenants who make inadvertent paperwork
errors (without given an opportunity to correct said errors) is sufficient motive for prudent Owners to substantially raise rents in order to fund the possibility of future fines.
More Efficient Way To Differentiate Conscientious
Owners and/or Tenants From “Bad Actors”:
The most efficient way to enforce “Tenant Protection
Ordinance” is to simply warn unsuspecting Owners and/or Tenants when they are in violation of the Ordinance. This can be accomplished by simply removing the following
underlined words of Clause 9.65.080C2: “…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.”
Once conscientious Owners and/or Tenants are informed
of their violation, they will gladly come into compliance, while unscrupulous Owners and/or Tenants will attempt to find a way to circumvent the law. This simplifies the process of identifying and levying fines against “Bad Actors”.
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How The TPO Effects Our Tenants:
In the past, Mary and I have had to levy only modest
$25.00 annual rent adjustments. With the passage of the TPO authorizing $5,000.00 fines for simple paperwork
errors, the situation had changed drastically. Effective early 2023, we were forced to adjust some rents by as much a
$220.00 with an additional $180.00 increase due early 2024.
In my half century of providing Landlord services to our community, I HA VE NEVER seen an action taken by the
Chula Vista City Council more financially devastating to the renters of our community than “The Tenant Protection
Ordinance”. I am confident if the TPO were modified to remove the five underlined words “
it is not required that”
we could reduce monthly rents by as much as $400.00.
I will attempt to meet with you next Council Meeting in order to monitor your progress in correcting the harmful effects of The “TPO”. Thank You.
Joseph A Raso
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