JosephA Raso
CHULA VISTA, CA 91910
Telephone
Honorable Mayor & City Council 03/26/24
Good Evening. I have returned hoping to stir your conscience by revealing the financial devastation the City Council has brought to the homeless and renters of our community. Your delay in addressing the obvious flaws of the “ Tenant Protection Ordinance” has brought more financial harm to our residents then any other Council action in the history of Chula Vista.
A quick research of previous Council’ s statements reveals all members had reservations regarding some clauses of the TPO. Jill Gavez voted against the Ordinance foreseeing the obvious financial devastation which would be placed on our community’ s residents.
Faced with a deadline before leaving office the measure was passed with the hope this Council would correct the TPO’s flawed clauses.
It is past time to do so. You have already been made aware that:
1) Rents in our community are becoming increasing
unaffordable for the average tenant.
2) Chula Vista’s homeless population is at an all time high. 3) In the first year enforcement of the “Tenant Protection Ordinance” City Staff has not been able levy a single fine against any Landlord or Tenant for violating provisions of the TPO.
4) Despite the seemingly lack of “Bad Actors”, City Staff insists on retaining the authority to levy $2,500.00 to 5,000.00 daily fines against reputable Landlords and
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Tenants who make simple clerical errors. ( Seetext of
TPO Clauses 9.65.080C2 and 9.65.060E below)
5) With City Staff’s constant treat of substantial fines for inadvertent errors, prudent Landlords must raise rents in preparation of possible future fines.
6) It is not merely the fine which causesa rent increase but also the THREAT of a fine which triggers such an action. 7) This entire situation can be mitigated with the addition of the following simple clause to the “Tenant Protection
Ordinance”: “ Notice to cure must first be given before an administrative citation or civil penalty may be issued” 8) NOTHING in state law prohibits staff from issuing a
warning of non compliance.
Obviously the vast majority of good intention Tenants and Landlords would gladly correct the situation upon receiving a of non compliance, while the few unscrupulous
individuals would 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”.
Remember!… the purpose of the “ Tennant Protection
Ordinance” is to protect tenants. It’ s purpose is NOT to force an increase in rents caused the City Council’ s delay in correcting obvious in the TPO.
I am begging you to do your job. Please immediately instruct staff to correct this injustice and help those least fortunate of our community. Thank You.
Joseph A. Raso
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PS: Staff Supplied Supporting Data:
A) Areas where we all can agree:
1) Threatening Landlords and Tenants who have made inadvertent mistakes with $ 5, 000. 00 daily is causing the most harm to tenants. Clause 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 clause
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. Translation: Tenant makes a mistake, Landlord gets a $ 5, 000. 00 daily
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.
B) The City Council is probably unaware that City Staff is not required receive Council’s direction when modifying The TPO’s Administrative Regulations:
City Staff is authorized to change rules at will regarding the enforcement of the “ Tenant Protection Ordinance” without consulting The City Council. Most tenants who voluntarily move away may be unaware they may required to complete forms informing city staff the details of a relocation. See Clause 9. 65. 060E above. Such an absent of action a tenant’ s part forces landlords to substantially raise rents in preparation of potential $ 5, 000. 00 daily to follow.
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C) City Council was warned a year ago the Tenant Protection Ordinance would cause a massive increase in homelessness. Although there are many causes for homelessness in our community, most can agree, high rents is a huge contributing factor. I can state unequivocally The Tenant Protection Ordinance is what is forcing this Landlord to raise rents.
D) Conclusions Drawn From 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 below - Average of Line 2nd from 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 ( Clauses 9. 65. 060 E and 9. 65. 080 C2 of Residential Landlord and Tenant Ordinance” )
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8) Maxim averagemonthly 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)
10) $ 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 ) 11) 596 New 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 increasescaused by the Tenant Protection Ordinance:
CV Population 283, 972 x 42% = 119, 268 x . 5% = 596)
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