JosephA Raso
CHULA VISTA, CA 91910
Telephone
Honorable Mayor & City Council 01/23/24
Totally Discouraged:
I come to you totally discouraged. We have been
working for over a year with Chula Vista staff creating a path to relieve the burden placed on our
community’ s renters by the “ Tenant Protection
Ordinance”. So far I have been unable to get you to
simply care about the pain you are on Chula
Vista renters. Countless times I have E- mailed and Snail Mailed you requesting guidance on how we may relieve
the crushing burden you have placed on the
backs of our community’ s tenants. I have yet to even receive the courtesy of a response.
Four Areas of Agreement:
You have already been presented the four areas
where we all can agree: ( See italics below)
1) Two Clauses are what is causing the most harm by
threatening Landlords and Tenants who have made
inadvertent mistakes with $ 5, 000. 00 daily Clauses
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9. 65. 080C2 (“ 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 be
given before an administrative citation or civil penalty may be issued.”) and 9. 65. 060E ( Reporting
Requirements. 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 Administrative Regulations.)
2) Landlords of the * 36, 033 rental units (* Staff supplied data) must raise rents in order impound funds to pay the potential of those who have made inadvertent errors.
3) There are virtually no “ Bad Actors” in CV. During the entire year of enforcement, staff has yet to be made
aware of a single Landlord or Tenant subject to a
4) With so few “ Bad Actors”, the harm placed on
the backs of Tenants could very well exceed the potential received by the “ Tenant Protection Ordinance’ s”
constant threat of $ 5, 000. 00 daily
Path to Bring TPO into State Compliance:
We have found a way to bring Chula Vista’ s “ Tenant
Protection Ordinance” in compliance with California
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State mandates without unnecessarily harming renters.
See italics below)
The simple task of modifying the verbiage of the TPO in order to reduce a Landlord’ s need to drastically raise rents can easily be accomplished with an addition of the following clause: “ Notice to cure must be given before an
administrative citation or civil penalty may be issued”.
Upon warning, the vast majority of individuals will gladly come into compliance, while the few unscrupulous Tenants and Landlords will attempt to circumvent the law.
An added bonus of such a procedure is that
a warning the process of identifying and levying
against “ Bad Actors”.
I believe our city attorney will that it is possible
to warn noncompliant individuals and still be in alignment with California’ s new TPO mandates.
TPO Creates Uncertainty For Renters:
Using my handyman abilities I have successfully
provided beautiful residences for people to call home at a rate well below market. By performing this service for over a half a century, I learned to predict within 2 to 3% the following year’ s expenses. Such an ability would allow me to annually adjust the rents, sometimes up,
sometimes down, and quite often unchanged. The
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Introduction of “ Tenant Protection Ordinance” thru all my calculations out of wack. Threatening Landlords
with $ 5, 000. 00 daily for simple clerical errors, with no opportunity to correct said errors, forces massive rent increases on the most vulnerable of our community.
City Staff Not Required to Consult Counsel When
Modifying TPO Administrative Regulations:
You may be unaware staff is not required to consult
City Council when modifying the TPO Administrative
Regulations. Most tenants will ignore clause 9. 65. 060E if they are required to out forms informing city staff the details of their relocation. Such a threat forces landlords to substantially raise rents in preparation of potential 5, 000. 00 daily
The TPO Exasperates Our Homeless Situation:
On many occasions Staff as informed City Council of
the precarious nancial situation of our rental
community ( See City Staff suppled data in italics below).
Over a year ago I warned you the present wording of the Tenant Protection Ordinance” would require Landlords
to drastically raise rents thereby forcing hundreds of
people from their homes and out on the streets. We can see a drastic increase in homelessness this year. Although Page of4 7
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there are many causes for homelessness in our
community, most can agree, high rents is a huge
contributing factor. I can say unequivocally The Tenant Protection Ordinance is what is forcing this Landlord to raise rents.
City Staff Supplied Data:
1) Chula Vista Population: 283,972
Chula Vista - U.S. CensusBureau QuickFacts)
2) Average number of individuals in each household: 3. 31 Chula Vista - U. S. Census Bureau QuickFacts)
3) Percentage Chula Vista housing which are rentals. 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, 792 multiplied the percentage of residences which are rentals ( 42%) equals the approximate number of Chula Vista rental units. ( 36, 033)
5) Approximate number of Chula Vista renters: 119, 268 ( CV Population 283, 972 x . 42% = 119, 268)
6) Approximate Average Monthly Chula Vista Rent:
3,047. 00 ( See attached CV Staff provided “ Relocation Assistance” Pic - Average of Line 2nd from bottom)
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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
Clauses 9. 65. 060 E and 9. 65. 080 C2 of “ Residential Landlord and Tenant Ordinance” )
8) Maxim average monthly rent increase allowed . . $ 304. 70 3047. 00 x 10%. California AB- 1482 5% plus Max
10%)
9) Average number of months required for Landlord to
impound a 1 day fine: 16. 41 ($ 5000. 00 divided by $ 304. 70) Conclusions Drawn From Staff Supplied Data:
A simple analysis of the data reveals:
1) $ 10,979,255.00: The approximate total monthly
maximum rent increase levied on Chula Vista Renters if
Landlords are forced to impound funds to the pay daily
fines: ( 36,033 Rental Units multiplied by the 10% max allowed rent adjustment $ 304.70 = $10,979,255.00 )
2) 596 Homeless: Approximate number of Homeless
created if one half of one percent of Chula Vista renters are forced out of their homes by the rent increases caused by the Tenant Protection Ordinance: ( CV Population
283, 972 x 42% = 119, 268 x . 5% = 596)
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Conclusion
1) The fact that city staff has found no Tenants or
Landlords to ne in the rst year of TPO
enforcement proves there are virtually no “ Bad
Actors”.
2) With Virtually no “ Bad Actors” no purpose is served by threatening Tenants and Landlords with $ 5, 000. 00
daily
3) It is the THREAT of a not the itself which is
forcing many Landlords to raise rents.
What is your opinion? Are we on the right track
with our attempts to alleviate the pressure placed on
Landlords to raise rents. If not, what of
our approach would you suggest? Thank you so much
for all your diligent work in this matter.
Joseph A Raso
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