Agenda packet — Concord City Council, June 14, 2022 (part 2 of 3)

Shums Coda Associates

City of Concord

Building Permit and Inspection Consultant Services
11 Scope of Services

This is the process we follow with each standard review project, but our philosophy is still to meet the City’s needs with regards to our service. As such, we maintain the ability to adjust our process to accommodate the City of Concord’s staff. Further, we can activate our team early on in the process (usually prior to construction documents being submitted to the City), to provide general code reviews with design development plans, to assist with sensitive projects understanding larger code concerns early on in the process, and hopefully allowing corrections that will reduce plan review cycles in the future. SCA actually prefers to review larger projects in this manner, but only under the clear direction of the City, and with the understanding that we are not designing the project, but merely representing the City of Concord’s code concerns.

Plan Review and Approvals
SCA’s plan review reports will reference sheets and code sections that are applicable for each comment. We will send all submittal and resubmittal reports directly to the City of Concord for distribution to the applicant, but we can also directly/simultaneously provide the architect and/or the engineer with the same electronic list of items needing correction when directed to do so by the City. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off -hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the City of Concord’s staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the City’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review.

With each review cycle, SCA will provide a cover letter/transmittal that includes the following information:

• The address, permit number, description, use, and type of construction. • A list of all plan/documents received for review and the associated dates they were received.

SCA is proficient in many versions of electronic plan review applications, and othe r web-based tools. SCA staff expertise and proficiency in the latest electronic plan review is not an accident, but rather a source of pride. SCA can also review paper plans when submitted and could provide in-house staff review assistance. If the reviews can be completed over the counter, we will make every effort to complete them at that point. If we cannot do a review at the City of Concord’s offices, our plans examiner will conduct the plan review in the SCA office and provide a report as outlined above. If paper plans are submitted, we will provide couriers to pick -up and deliver the documents.

Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the City , along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the City of Concord.

Page 73 of 78 ends

Shums Coda Associates

City of Concord

Building Permit and Inspection Consultant Services
12 Scope of Services

Plan Review Turnaround Times
Below is SCA’s standard Plan Review Turnaround timeframes; however, SCA will work with the City of Concord to come to an agreed upon timeframe.

Type of Plan Number of Days
Initial Review Workdays Recheck workdays
Residential within 10 days within 7 days
Master Residential within 10 days within 7 days
Multi-Family 10-13 days * within 7 days*
Commercial 10-13 days * within 7 days*
Industrial 10-13 days * within 7 days*
* Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the City of Concord’s Building Official (prior to beginning the review process).

Expedited plan reviews, or third-party plan reviews will have a separated negotiated turnaround timeframe for each project. When expedited plan reviews are requested, we will perform the plan review as quickly as SCA staff schedules will allow. An expedited review is typically completed in half of the standard turnaround time, but SCA has (at times) been able to review in shorter periods.

It will be possible that an expedited review can be completed with no additional charge in some instances.

Technology
With the implications of COVID, we have seen our paper plan reviews nearly disappear in favor of electronic plan reviews . Electronic plan reviews have been a strength for our team, having reviewed thousands of electronic projects. SCA can review all plans electronically and provide review letters in multiple formats. This has been a service provided to our clients prior to the COVID-19 pandemic. SCA is proficient in many various electronic plan review and web -based tools. We typical ly utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms and are able to embed the comments into the electronic plan sheets. We can also redline revisions and mark -up plans for minor items , to ensure approval of the plans instead of an additional review cycle being performed. SCA would look to the City of Concord to provide guidance on the preferred method of electronic comments to be received. SCA maintains equipment for our plan review staff (i.e., dual, and larger monitors, added graphic cards and memory) to allow for plans to be properly reviewed in an efficient manner.

In today’s development climate it is also important to note that a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. SCA will be available by phone and/ or video conferences to share and discuss the code concerns with the City’s staff and applicants when needed. We prefer (if allowed by the City policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. We would look to the City of Concord’s staff and take your le ad on how to effectively streamline communication, because at the end of the day our goal is to build a relationship as a cohesive team.

Page 74 of 78 ends

Shums Coda Associates

City of Concord

Building Permit and Inspection Consultant Services
13 Scope of Services

Building Inspections
Inspections are all conducted by ICC certified inspectors. Our inspectors are qualified, certified, and licensed to conduct many different types of buildings. We also have CASp certified staff that can be available to the City on an as -needed basis. The scope of inspectio n services to be provided will be defined uniquely for each project or as determined mutually by SCA and the Chief Building Official. Inspector(s) provided to the City will report directly to the Chief Building Official or another person designated by the City for all project-related work.

We will inspect the buildings in accordance with the codes adopted and amended by the City of Concord. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. We see ourselves as code educators as much as code administrators. We have also worked with several different Fire Departments to concurrently administer the codes adopted by our jurisdicti ons. We believe it is important to work alongside with fire departments on projects to present a cooperative level of code administration.

Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important that the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get projects completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. We will conduct the required inspections for the project and an inspection report will be provided for each inspection outlining what inspection was conducted, the result and any co nditions or corrections needed. SCA’s inspection reports will reference code sections that are applicable for each comment. Our correction lists should be self -explanatory, but as referenced with our plan review staff, our inspection team will remain equally available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulations.

We have recently been asked at various jurisdictions to input or email t he correction notices electronically to remain remote from COVID concerns. However, prior to the pandemic it has been standard practice for our inspectors to input results into the jurisdiction’s inspection/ permitting software at the end of each inspectio n day and leaving a distribution copy at the jobsite for the contractor/applicant. SCA can certainly provide either or some hybrid version as needed for the City of Concord.

We will provide a similar list at each inspection cycle, but when inspections are slow or are consistently not ready for the inspection, SCA staff will reach out to the City’s staff to discuss the overall items of concern and look for direction on any alternative methods to keep construction on track. Again, our inspection staff is able to attend any necessary meetings to assist in having consistent inspection progress with each jobsite. This will require SCA staff to be available to patriciate in and atten d inspection staff meetings and training events sponsored by the City (as needed and directed). When the final inspection is completed, we will notify the City that a certificate of occupancy can be issued for new buildings or addition/tenant improvements and will file the electronic report at the City of Concord, to close out the permit. SCA would look to the City to provide guidance on the preferred method of how this will be completed.

Page 75 of 78 ends

Shums Coda Associates

City of Concord

Building Permit and Inspection Consultant Services
14 Scope of Services

Permitting Services
SCA has a large group of ICC Certified Permit Te chnicians and Administrative Staff available to assist with City of Concords’ Community Development Departments front counter needs to private and public sector clients. Our technicians typically are utilized to assist architect, engineers, contractor and the public through the process and procedures associated with accepting, processing, and tracking applications for construction permits. This requires our staff to be adept at various permit tracking software and have the ability to provide calculations fo r permit fees, which may include collecting payment for such applications.

When requested, SCA will provide an I.C.C. Certified Permit Technician to work at the City of Concord’s offices, under the supervision of City staff. Our permit technicians will as sist with the processing of permit applications, initial screening of submitted documents, occasional review of simple projects, and entering and maintaining data into the permit tracking system. This is a front- line position that will be involved with interaction with the public, answering questions and directing inquiries to appropriate senior staff positions when necessary. Since this position must work well with all front counter staff to be effective, SCA will provide resumes and allow for interview(s) by the City prior to our staff providing any of these services.

As is required of the Permit Technician, our staff members have a strong working knowledge of Planning procedures and requirements per the General Plan and Zoning Code information to be able to answer general questions about each, or direct applicants to appropriate Planning staff members at the City. This being the front counter position for the Community Development Department, our team will be able to answer phones and emails related to ge neral permit information and determine whether or not applications are acceptable for processing or conditions of approval.

Due to the pandemic, the way the front counter (and its staff) operates have changed, recalculating how each jurisdiction is utilizing SCA’s Permit Technicians and Administrative Staff to their benefit. Although the working conditions have changed almost daily during the stages of “re-opening”, our staff retains the ability to adapt to the working requests of our clients. SCA provides our in-house staff with appropriate PPEs to complete the daily work requests, but again will look to the City to determine the methods in which these services will be completed. Our team currently has members continuing to work directly at the jurisdictio ns, interacting with applicants directly (although socially distant), as well as providing these services electronically – as electronic submittals have all but replaced paper in many construction submittals. We are committed to providing the services requ ested by the City, and with modifications deemed necessary due to the current unprecedented times.

Inspection and Permit Processing Schedule
Inspections will be completed within one busin ess day from the time we receive the request, however CASp inspections may need longer lead times when requested. Our staff will work with your staff to ensure that all type of buildings will be inspected as requested by the City. When requested we will also provide Permit Technicians based on availability to work at the City offices.

Page 76 of 78 ends

Shums Coda Associates

City of Concord

Building Permit and Inspection Consultant Services
68 Fee Schedule

Building Plan Check Fees
Fees for comprehensive plan reviews, performed at SCA offices, will be equal to sixty- five percent (65%) of the plan review fees as calculated per the jurisdiction. The City will provide SCA with jurisdiction plan review fees (project -by-project) for use in calculating SCA’s fees. In return, invoicing will be done on a monthly basis with detailed description of each project.

The above fee covers all services associated with the typical plan review, including:

• Pick – up and delivery of design documents to the jurisdiction. • First, second and quick third reviews to approve projects.

Extensive plan reviews (longer third reviews or more) may be required to be charged on an hourly rate shown on the next page. Further, smaller projects that take one or more reviews may also be charged at an hourly rate when agreed upon with the Chief Building Official. Pre -application, pre-construction, or additional meeting attendance that is necessary for unusual or complex projects may also be charged at the same hourly rate schedule.

If an expedited plan review is requested, the turn -around time can be as quick as a single day, but these types of review schedules are typically determined based on the complexity of the project and the availability of SCA staff to complete the review. Fees for expedited reviews will be negotiated directly with City’s Building Official prior to beginning the review and will be a fixed fee based on determined complexity of the project, availability of SCA staff and requested expedited turnaround schedule.

If plan review staff is required to provide support in City’s offices, they will be charged hourly per the hourly rates.

Building Inspection Services and Fees
SCA will provide qualified ICC Certified building inspectors as needed to the City, within the next day, if requested by noon on the previous business day. Any inspector sent to the City will need to be interviewed and/or accepted by the Building Department staff prior to their commencement of inspections on behalf of the juris diction, as we want our staff to be appropriately qualified for and clear of City of Concord’s expectations. Our inspection staff will be expected to input each day’s inspection results with in the City’s permit software at the end of daily inspections. SCA inspectors will be available to answer questions by phone or email from contractors and homeowners regarding correction items and are available to attend pre-construction meetings as needed.

The building inspection fees will be based on an hourly rate fo und on the next page , with final rates for each inspector being based on certifications and experience, that will assist in determining agreed upon rates per the table. We provide ranges on inspection services to reflect options related to number of certificates and level of experience provided to the City.

Page 77 of 78 ends

Shums Coda Associates

City of Concord

Building Permit and Inspection Consultant Services
69 Fee Schedule

Hourly Rates

Inspection invoices will be submitted to the jurisdiction on a monthly basis (with the building plan review fees for the same previous month) and be based on hourly rates described below.

Fees for inspection services, Plans Examiners (outside of percenta ge-based fees), and Permit Technicians shall be billed at the following hourly rates:

Job Title Hourly Rate
In-House Plan Review $125
In-House Code Training $150
Principal $150
Senior Plan Review Engineer/Architect (comm., industrial & multi-fam.) $125 Plan Review Engineer/Architect (small comm./residential) $115 Senior Fire Protection Engineer/Fire Inspector $205 - $290 Fire Protection Engineer/Fire Inspector $190 - $205
Permit Technician $65 - $80
Clerical Support $55 - $65
CASp Specialist – Plan Review $300
CASp Specialist – Inspection $350
CASp Specialist - Report TBD
Acting Supervisor of Inspectors (I.O.R.)** $125-$140
Senior Inspector** $110 - $125
Inspector II** $100 - $110
Inspector I** $90 - $100
Inspector in Training $60-$90

Overtime will not be charged for any plan review services, but SCA does reserve the right to negotiation additional fees for major re-designs or consistently incomplete responses to initial plan review comments (as agreed upon mutually with the jurisdiction). Inspection overtime services will be charged as stated above (see qualifying statement below.)

** Hours for inspections in excess of 8 hours (per day) will be billed as overtime at the rate shown above.

When inspection overtime is requested, on days when inspector has not already performed inspections on the site (i.e., weekends, holidays, etc.), inspection overtime services will be provided in 4-hour minimum segments.

Page 78 of 78 ends

Staff Report
Date: June 14, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Aaron Sage, Principal Planner
[email protected]
(925) 671-3465
Subject: Considering the draft Housing Element Update (HEU) and public comment, and providing input to be incorporated into a revised draft HEU to be submitted to the California Department of Housing and Community Development.

CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b)(3) and 15378, and/or Public Resources Code Section 21065.

Report in Brief
Pursuant to State law, every city and county in California must adopt a housing element as part of its general plan. The housing element contains policies and programs to address the housing needs of the entire population over an eight-year planning cycle, which for jurisdictions in the Bay Area covers the period 2023 to 2031 (also known as the “sixth cycle”). State law requires Bay Area jurisdictions to adopt their housing elements (or updates to their existing housing elements) and submit them to the State Department of Housing and Community Development (HCD) for certification by January 15, 20231.

Since July 2021, City of Concord (City) staff and consultants have been gathering data and community input on housing issues in Concord, meeting with the Housing and Economic Development (HED) Committee to obtain guidance on the project, and 1 State law also provides an automatic 120-day grace period for this submittal (i.e., until May 15, 2023)

4.a4.a4.a

Page 1 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
preparing the draft Housing Element Update (HEU) for public and City Council (Council) review. The project team has sought community input through a wide variety of methods, including listening sessions with Community Based Organizations (CBOs), in- person and virtual “town hall” meetings, “pop-up” events, HED meetings, and an online survey that gathered over 800 responses (see under “Community Engagement Process” in Background section for further discussion). This effort has culminated in the release of the public review draft of the HEU, which was released on May 26, 2022, and which staff is now presenting for the public and Council’s input. This document and instructions on how to provide comments are available at the following link:
www.concordhousingelement.org.

The public comment period will end on June 27, 2022, and the project team will incorporate Council’s input into a revised draft HEU that will be submitted to HCD in July or August, 2022. The project team will also consider and incorporate public comments into the revised draft HEU to the extent feasible and consistent with the Council’s direction. After submittal to HCD of the revised draft HEU, then HCD will have 90 days to review the document and provide comments to the City. In early 2023, staff will return to Council with a final draft incorporating necessary revisions to address HCD comments, along with the appropriate environmental review document as required by the California Environmental Quality Act (CEQA).

Recommended Action
Consider the draft Housing Element Update (HEU) (Attachment 1), receive public comment, and provide input to be incorporated into the revised draft HEU to be submitted to the California Department of Housing and Community Development.

Background
On January 6, 2015, the Council adopted the City’s current Housing Element, which the HCD certified on January 20, 2015. The current Housing Element covers the period of 2014 to 2022 and is available at the following link:
https://www.cityofconcord.org/DocumentCenter/View/1170/Housing-Element-Update--- Final-11-07-2014-PDF
On June 22, 2021, staff provided Council with an overview of the Housing Element Update (HEU), and Council accepted public comments and provided direction to staff on the HEU advisory process and community engagement strategy. Specifically, Council:
 Designated the Housing and Economic Development Council Committee (HED; Chair McGallian, member Aliano) as the lead advisory body for the HEU, with responsibility to review and comment on all public documents in the Housing Element process, provide a dedicated forum for public testimony, discuss key policy issues, and make recommendations to the Council prior to final adoption.

Page 2 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
 Directed staff to consult with a variety of community-based organizations (CBOs) and other stakeholder groups regarding community engagement strategies for the HEU, and to consider how to incorporate this input into the HEU’s Community Engagement Plan.

Analysis
Community Engagement Process
An extensive and inclusive community engagement process is essential to a successful HEU and is required by State law.2 A detailed Community Engagement Summary is provided in Appendix F of the draft HEU. The engagement process was developed to be a multipronged and layered approach to reach as many different segments of the community as possible. As a result, the HEU project team engaged with over 1,500 people and 25 community groups through 14 events (both virtual and in-person) and an online survey. The following section summarizes key steps in the HEU community engagement process, and major themes expressed by participants.  Initial Council and Stakeholder Input
On July 21 and 22, 2021, to implement Council’s direction, staff held eight one- hour “listening sessions” with representatives from 25 CBOs, business groups, and other key stakeholders to gather input on the HEU engagement process. On August 24, 2021, staff presented a Community Engagement Plan incorporating this input to Council, and Council approved the Plan along with the consultant task order for the HEU.
 “Town Hall” Meetings
On October 16 and 19, 2021, the project team held two “town hall” meetings to introduce the community to the HEU process and obtain initial, high-level input.

Approximately 17 community members participated in the in-person event on October 16, and the top priorities identified were senior housing, ensuring that new housing fits within the community’s physical character, and preventing people from losing their homes (displacement). Approximately 25 community members participated in the virtual event on October 19, and the top priorities identified were creating more affordable rental units and housing for unsheltered persons, persons with disabilities, and seniors, and preventing displacement.

On March 15 and 27, 2022, the project team held the second series of “town hall” events, which presented a preliminary inventory of potential housing sites, discussion of fair housing issues, and current City policies and programs that address displacement, and invited the public’s input on these topics. The March 15 event, which was held via Zoom, was attended by 58 persons, and 62 persons attended the March 27 event, which was held in person at Todos Santos Plaza. At the March 15 event, several community members and advocates spoke on their desire for greater tenant protections including rent control, and to locate 2 Govt. Code § 65589(c)(9).

Page 3 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
new affordable housing throughout the City, including upper-income areas. At the March 27 event, which was an informal open house format, staff spoke with community members from many backgrounds, including four unsheltered persons and several Spanish-speaking persons (a translator was provided).

Attendees included several members of First 5’s Central County Regional Group, an organization which advocates for lower-income Concordians.

The third and final series of “town hall” events are scheduled for June 4 (in- person) and June 8 (virtual), 2022, and will present the entire draft HEU with a focus on the proposed programs. Because there will not be adequate time to summarize these events prior to publication of the agenda packet for this meeting, staff will provide Council with an update at the meeting.  HED Meetings
In its role as the advisory committee for the HEU, the HED Committee has considered key components of the HEU and received public testimony on three occasions. On February 28, 2022, the HEU project team provided the HED Committee with an overview of the following topics:
(1) policies and programs from the current or fifth cycle Housing Element that are recommended to be continued into the sixth cycle Housing Element; (2) the City’s housing needs for the sixth cycle; and
(3) fair housing issues facing the City in accordance with new State laws regarding Affirmatively Furthering Fair Housing (AFFH).

Following the project team’s presentation, the HED Committee received public comment from several speakers. Major themes of public comment included the need to consider all available data on displacement issues and loss of affordable housing, including public testimony over the past several years, and the need for the fair housing analysis to be presented early in the HEU process. After public comment, HED Committee members requested that the project team consider all available data on displacement issues, bring forward potential anti-displacement policies as soon as possible, and address potential opportunities for increased home ownership.

On March 21, 2022, the project team provided the HED Committee with an overview of constraints on housing production and the preliminary inventory of sites available for housing development to satisfy the City’s Regional Housing Needs Allocation (RHNA). Following the presentation, the Committee received public comment from several speakers. Several speakers stated that the preliminary inventory resulted in too much concentration of lower-income3 3 In State housing element law, “lower-income” includes the “very-low income” and “low income” categories as defined by the Federal Department of Housing and Urban Development. This term applies to housing that is affordable to households earning 80 percent or less of the area median income (AMI). It

Page 4 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
housing sites in the western portion of the City (in and near Downtown and the Monument Corridor), and that these sites should be distributed throughout the City, including in more affluent areas to the south and east. One speaker requested several changes to the format of future town hall meetings to better facilitate public participation. After public comment, HED Committee members expressed similar concerns regarding concentration of lower-income sites, and requested that staff provide the presentation slides further in advance of the next meeting to allow more time for review.

On May 4, 2022, the project team informed the HED Committee that the sites inventory had been revised to reduce the concentration of lower-income sites in the western portion of the City. The project team also provided the Committee with an overview of proposed programs for the HEU, including a rezoning program that would allow for additional opportunities for lower-income sites outside of “low resource” areas4 of Concord. Additional discussion of the sites inventory and rezoning program is provided below. Staff also provided an overview of various Council actions around tenant protections since 2016, while noting that Council had chosen not to implement rent control or prohibit evictions without a pre-defined “just cause”. Almost all speakers stated that the proposed programs do not adequately address displacement issues for low-income renters, and should include rent control and prohibition of evictions without “just cause”. Several speakers stated that they appreciate the proposed rezoning program, but that the timeline for this program should be earlier than December 2026.

After public comment, Committee member Aliano stated that:
o He appreciates staff’s presentation and looks forward to discussion by Council at the study session on June 14;
o He has concerns about transportation and parking issues on Monument Boulevard given that he believes public transportation is not a viable option for many residents in this area;
o He appreciates the inclusion of a rezoning program in the proposed programs; and
does not include housing for “moderate income” households (earning 80-120 percent of AMI) or “above moderate income” households (market-rate housing with no income restrictions). 4 This term comes from the California Tax Credit Allocation Committee’s (TCAC) Opportunity Maps (https://www.treasurer.ca.gov/ctcac/opportunity.asp), which score all Census tracts in California based on access to various opportunities that are linked to critical life outcomes, such as education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and recreation. “Low Resource” indicates the lowest-scoring tracts on the Opportunity Maps, while “Highest Resource” indicates the highest-scoring tracts. The northern, central and western portions of Concord are designated as “Low Resource”. Pursuant to AB 686, HCD requires that jurisdictions consider these resource designations in developing their Affirmatively Further Fair Housing analysis and programs.

Page 5 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
o His position on furthering tenant protections has not changed, and Council will need to provide direction on this issue on June 14.

After Committee member Aliano’s comments, Chair McGallian stated that:
o He also appreciates staff’s presentation;
o He agrees with Committee member Aliano’s comments about transportation and parking issues on Monument Boulevard; o He appreciates the potential for upzoning in the proposed rezoning program and he believes this is a significant step by the City given that upzoning is typically opposed by residents in most cities; and o He would like to receive further information on any pending legislation regarding investment companies purchasing housing units and/or short- term rental units.5
 Community Survey
To engage with a broader range of community members than would be possible with the above events, the project team also prepared an online survey of housing issues. The survey was open from December 15, 2021 through March 31, 2022. Gift cards were offered to encourage greater participation, and a total of 846 participants completed the survey. A detailed discussion of the survey results is available in Appendix F of the draft HEU. Below are some of the most noteworthy survey results:
o Concord residents selected affordability, proximity to family and friends, and proximity to work (in that order) as their top reasons for choosing to live in Concord.
o Concord residents who took the survey were 75 percent homeowners and 24 percent renters.
o About 30 percent of respondents said they have experienced, or are experiencing, homelessness.
o Respondents ranked priorities for new housing in the following order:

1. Locate new housing throughout the City, not just in lower-income areas (selected by 51.4 percent of respondents).

2. Locate new housing near transit, amenities, jobs and services (selected by 49.5 percent of respondents).
5 After the HED meeting, staff provided the Committee with information on two pending State bills that would address this issue, AB 2170 and AB 1850. AB 2170 is aimed at “giving more Californians the chance to own a home by giving owner-occupants and public entities a “First Look” at purchasing bank- owned properties, and by prohibiting “bulk sales” of foreclosed homes.” AB 1850 (Ward) which prohibits a city, county, or joint powers authority from acquiring unrestricted, multifamily housing unless the development meets specified criteria, which includes affordability and rental restrictions.

Page 6 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022

3. Prioritize redevelopment of vacant or underutilized commercial properties (selected by 43.5 percent of respondents).

4. Preserve the character of existing lower-density neighborhoods (selected by 34.2 percent of respondents).
o Respondents indicated the following as their greatest concerns regarding displacement:

1. Long-term residents cannot afford to stay in the community.

2. Sudden rent increases.

3. Sudden lease termination.
 Pop-Up Events
The project team has also conducted the following “pop-up” events to provide further opportunities for community engagement:
o Music and Market, Todos Santos Plaza, September 30, 2021 o Farmer’s Market, Todos Santos Plaza, October 12, 2021 o The Veranda, December 11, 2021
o Concord and North Concord BART Stations, June 13 and 15, 2022, respectively
o Las Montañas Supermarket, June 16, 2022
HEU Background Documents
The proposed programs in the draft HEU are based on analysis contained in the following “background” documents, which are appendices to the HEU:
 Review of 5th Cycle Programs (Appendix A):

California Government Code Section 65588(a) requires each jurisdiction to regularly review its housing element and evaluate the following:
o the progress in implementation of the Housing Element; o the effectiveness of the Housing Element programs in progress toward achieving the housing goals and objectives; and
o the appropriateness of the housing goals, objectives, and policies, and in contributing to the attainment of the State housing goal.

As required by State law, Appendix A provides a detailed review of all 78 programs of the City’s current Housing Element. This review concludes that approximately 80 percent of the current programs were effective (at least in part) and should be continued into the HEU, but with clear, quantifiable objectives as required by State law. The programs proposed for deletion were either ineffective or, more commonly, have already been incorporated into the City’s routine

Page 7 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
practices through code amendments and no longer require a dedicated program.

In some cases, programs proposed for deletion are being addressed by a new program that covers the same topic.
 Housing Needs Assessment (Appendix B):

California Government Code Section 65583(a)(1 and 2) requires each jurisdiction to prepare a Housing Needs Assessment with detailed information on demographic characteristics and trends that influence supply and demand for various housing types in Concord, including population, income, age, race/ethnicity, housing condition, employment, and groups with special needs (e.g., older adults, persons with disabilities, and persons experiencing homelessness). This information helps to inform the goals, objectives, policies, programs, and activities proposed in the HEU.

Below are key findings of the Needs Assessment6:
o By 2035, Concord is expected to grow by 34.1 percent, roughly twice the rate of Contra Costa County (17.8 percent). Development of the former Concord Naval Weapons Station will contribute a large portion of this growth.
o The age group with the highest growth rate was older adults (65 and older), at 42.1 percent (from 11.3 to 15 percent of the total population). o Concord became increasingly diverse in terms of race/ethnicity, with all groups except White increasing in size and percentage of the total population.
o Unemployment decreased by approximately 38 percent, while the number of residents not in the labor force increased by approximately 20 percent (most likely primarily driven by the growing number of retirees). o Black/African American persons and persons of two or more races experienced the highest levels of unemployment, at 12.2 and 9.9 percent, respectively. These rates were substantially higher than the overall unemployment rate of 3.4 percent.
o Average household size remained roughly the same, at 2.75 persons (versus 2.67 persons in 2010).
o The number of owner-occupied units decreased slightly (by 1.5 percent) while the number of rental units increased substantially (by 11.8 percent). o The overall housing vacancy rate decreased from 6.6 to 3.4 percent. Five percent is commonly considered a “healthy” vacancy rate. 6 Data are from 2010 to 2019, unless noted.

Page 8 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
o Over three quarters (76.3 percent) of Concord’s housing stock was built before 1980.
o Numbers in all categories of annual household income decreased as a percentage of total population, except for those earning less than $5,000 and those earning $75,000 or greater. The number of households earning $150,000 or more saw the largest increase, 88.6 percent. This data generally indicates that the working-class population of Concord has been declining, while the extremely low-income and middle- and upper-class populations have been increasing.
o Growth rates in median household income compared with housing prices provide an indicator of whether housing is becoming more or less affordable. For owner-occupied units, median household income grew by

29.4 percent while median home sales price grew by 17.2 percent. For renter-occupied households this trend was reversed, with household income growing by 36.6 percent while median rents grew by 44.4 percent. o In 2017, approximately 38.9 percent of Concord households spent more than 30 percent of their income on housing and are therefore considered “cost burdened.” Approximately 17.4 percent of households spent more than 50 percent and are considered “severely cost burdened.” Hispanic/Latinx and Black/African American households have substantially higher rates of cost burden than the overall population, with 33.8 percent of Black households being severely cost burdened.
o The number of households qualifying as “overcrowded” (one to 1.5 occupants per room) increased by 41.3 percent (from 1,779, or 4 percent of total households, to 2,514, or 5.4 percent of total households), while the number qualifying as “severely overcrowded” (over 1.5 occupants per room) increased by 138.7 percent (from 509, or 1.1 percent of total households, to 1,215, or 2.6 percent of total households). o 160 unsheltered Concord residents were identified in the 2020 Point In Time (PIT) count. This represents about 31 percent of the unsheltered persons in Central Contra Costa County, and about 10 percent of the total unsheltered persons Countywide.
o The total count of persons experiencing homelessness (both sheltered and unsheltered) was 252. This represents a 15.7-percent decrease from the 2015 count of 299 persons.
 Constraints and Zoning Analysis (Appendix C):

California Government Code Sections 65583(a)(5) and (6) require each jurisdiction to prepare an analysis of actual and potential governmental constraints for each of the following:
o Land use controls.

Page 9 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
o Building codes and their enforcement.
o Site improvement requirements.
o Fees and other exactions.
o Local processing and permit procedures.
o Housing for persons with disabilities.
o Transitional housing and supportive housing as a residential use of property and subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

The Constraints and Zoning Analysis identifies the following as constraints on housing production that should be addressed in Concord’s HEU programs:
o Requiring Design and Site Review for manufactured housing on existing lots, transitional and supportive housing, Low-Barrier Navigation Centers, emergency shelters, group housing (single-room occupancy units or SROs), large residential care facilities.
o Low-Barrier Navigation Centers are not identified as a use in the City’s Development Code (State law required this use to be permitted by right).

Concord follows this State law but the zoning code does not reflect it at this time.
o Requiring a Minor Use Permit for large residential care facilities. o Requiring covered parking for multifamily residential uses. o Subjective design standards throughout the City’s Development Code7. o Lack of clarity regarding review procedures for Minor and Major Hillside Development Permit.
o Water and sewer connection fees (identified as a possible constraint).  Affirmatively Furthering Fair Housing Analysis (Appendix D):

As discussed in the Background section above, the requirement for AFFH Analysis was established by AB 686 in 2018. This bill requires “an assessment of fair housing practices, an analysis of the relationship between available sites and areas of high or low resources8, and concrete actions in the form of programs to affirmatively further fair housing.”
7 Under recent State law (SB 330), housing developments with two or more units cannot be denied based on subjective design standards. However, HCD is still requiring jurisdictions to amend their codes so that only objective standards are applied to housing developments. An effort to adopt objective design standards for Concord is already underway and has been included in Program 15 of the draft HEU. 8 See footnote 4.

Page 10 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
Key findings of the HEU’s AFFH Analysis are as follows:
o Disparities in access to housing opportunity can be seen for non-White households, which are more likely to be renters than Whites, due to renter households seeing higher rates of cost burden. This indicates that non- White households are disproportionately burdened by the cost of housing. o With the exception of areas to the southeast, overall “access to opportunity” as defined by the Tax Credit Allocation Committee (TCAC) is “low” to “moderate” in much of Concord.9 This further constrains affordable housing development in Concord, as access to opportunity is a key criterion in how TCAC awards tax credits, which are a primary funding source for affordable housing projects.
o Displacement is an increasing concern for City residents. Local knowledge identified through public outreach is that affordable housing is being converted to market-rate housing at a relatively high rate. Although data is not available, this may include units that have never been subject to a deed restriction and are therefore not monitored. Those at risk of displacement are more likely to be non-White households, particularly those residing in the southwest area where patterns of overcrowding and concentrated poverty exist.

As noted earlier, AB 686 requires “meaningful actions” to address the fair housing issues in the community. These actions are provided in the proposed Programs, which are discussed below.
 Sites Analysis (Appendix E):

California Government Code Section 65583(a)(3) requires jurisdictions to prepare an inventory of sites or parcels adequate to meet their Regional Housing Needs Allocation (RHNA). The City’s draft Sites Analysis provides this inventory in table and map format. While many Bay Area jurisdictions are substantially built out and must rezone properties to create adequate capacity to meet their RHNA, Concord has adequate capacity not only to meet its RHNA without rezoning, but also to provide a “buffer” of 712 units (about 24.7 percent) for the lower- and moderate-income RHNA. Table 4 below summarizes the City’s capacity.

The sites inventory is required to designate sites that can meet the State’s criteria for lower-income and moderate-income projects. As discussed in the “Sites Inventory Revisions” section below, the current draft of the sites inventory incorporates community and HED Committee input by reducing the concentration of lower-income sites in the western portion of the City (in and near the Downtown and Monument Corridor).
9 See footnote 4.

Page 11 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
Table 4: Identified Housing Capacity
Category Lower-
Income
Moderate-
and Above
Moderate-
Income
Total
Vacant Site
Capacity
807 294 1,101
Underutilized
Capacity
1,317 1,514 2,831
ADU
Projection
0 304 304
Pipeline
Projects10
426 840 1,266
Concord
Reuse
Project
011 300 300
Total
Capacity
2,550 3,252 5,802
RHNA 2,036 2,883 5,073
Buffer 712 (24.7%)12
Sites Inventory Revisions
As noted above, the current draft of the sites inventory addresses community and HED Committee input regarding the concentration of lower-income sites in the western portion of the City (in and near the Downtown and Monument Corridor). Figures 1 and 2 show the previous and current maps for the entire City, and Figures 3 and 4 show previous and current maps for the Downtown and Monument Corridor areas. Lower- income sites are identified as green.

The previous sites inventory maximized the number of lower-income sites by identifying any sites that met the State’s criteria for lower-income housing as lower-income sites, even if they exceeded the City’s RHNA and the recommended 15-30 percent buffer.

The lower-income criteria include a minimum density of 30 units per acre, and sites meeting this threshold tend to be located in the central and western portions of Concord. Consequently, the approach of maximizing lower-income sites resulted in a larger concentration of lower-income sites in this area.

The current sites inventory reduces the concentration of lower-income sites in several ways:
10 Pipeline projects includes projects that received Planning approval but are not anticipated to complete construction prior to June 30, 2022.
11 While a minimum of 25 percent affordable units is required for the Concord Reuse Project, no affordable units are assumed prior to 2031 to keep the HEU’s assumptions conservative. 12 Buffer units are not assigned to an income category. HCD’s recommendation for a 15-30% buffer does not apply for Above Moderate units since these are easier to produce.

Page 12 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
Figure 1. Previous Housing Sites Map
N

Page 13 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
Figure 2. Current Housing Sites Map
N

Page 14 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
Figure 3. Previous Housing Sites Map (central area)
N

Page 15 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
Figure 4. Current Housing Sites Map (central area)
 Several large sites outside of the Downtown and Monument Corridor have been added, allowing lower-income sites in these areas to be removed. The additional sites include the North Concord BART parking lot (776 units), the Terminal Shopping Center at 2699 Clayton Road (256 units), and the vacant site formerly occupied by Lin’s Buffet at 1400 Willow Pass Road (111 units).  Several large sites in the Downtown have been added, allowing a greater number of smaller sites in the Downtown to be removed. The additional sites include the east parcel of the City-owned Oak Street site (180 units), and the “Hawaiian BBQ” site at 1680 Willow Pass Road (140 units). Because these sites were not identified in previous Housing Elements, they will not be subject to the State law that requires “by right” approval for projects with 20 percent affordable units on previously identified housing element sites.
 Buffer sites (those sites that exceed the City’s RHNA) have been given a generic “buffer” designation rather than an income category, since State law does not require income designations for buffer sites.

Overall, these changes have resulted in a greater mix of income levels throughout the City. However, there are still no lower-income sites in the more affluent southern and eastern parts of Concord. This is mainly because these areas have a newer housing N

Page 16 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
stock, have a high improvement to land value ratio, do not meet the minimum density required by State law for lower-income sites, and because they tend to have fewer vacant and underutilized properties. To increase geographic equity and opportunities for lower-income residents, the draft HEU includes a program whereby, by December 2026, the City will identify and rezone areas appropriate for medium and high residential densities, specifically in areas not identified as “low resource” or “lower resource” on the TCAC opportunity maps (see HEU Section 1.5, Program 8).  Community Engagement Summary (Appendix F):

This document provides detailed information on the City’s efforts to gather public input for the draft HEU. Also see the “Community Engagement Process” in above for further discussion.
 Community Input and Council Actions on and Displacement Since 2016 (Appendix G):

As discussed earlier, at the HED Committee meeting on February 28, 2022, community members provided input that previous testimony on displacement issues should be incorporated into the HEU process, and the HED Committee concurred with this request. To address the direction from the HED Committee, this appendix includes a detailed summary of public testimony received by the City Council since 2016, along with actions taken by the Council to increase tenant protections and reduce the risk of displacement.

Housing Goals
The Housing Element identifies the following five goals to address the City’s housing needs during the sixth cycle. These goals are essentially the same as the fifth cycle goals, but with revised language that expresses the desired “end state” for each goal.

Each goal also has a series of more detailed implementing policies; see the draft HEU for these policies.
 Goal 1: A balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord.  Goal 2: Preserved and enhanced neighborhoods that improve quality of life for all residents.
 Goal 3: A City with housing opportunities for all special housing needs, including households with older adults, persons with disabilities, female-headed households, large families, and people experiencing homelessness.  Goal 4: A City with equal housing opportunity and access for all people regardless of race, religion, gender, marital status, age, ancestry, national origin, color, sexual orientation, familial status, source of income, or disability.  Goal 5: A sustainable City that protects the environment while lowering the cost of energy.

Page 17 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
Draft Programs
The HEU’s programs section is the key component of the document, as it is built from the other components of the HEU and identifies the concrete actions that the City will take over the next eight years to address its housing needs. The proposed programs are provided in Section 1.5 of the HEU. Each program addresses a different housing issue (e.g., ADUs, homelessness, etc.) and provides objectives, timeframes, responsible agencies, funding sources, relevant HEU policies, and AFFH information.

The draft sixth-cycle HEU has a different format that results in fewer programs than the fifth-cycle HEU (23 vs. 78), but each program contains multiple actions which are similar in scope to the fifth-cycle HEU programs.

The programs can generally be grouped into three main categories:
 Programs already being conducted by the City which are effective and should be continued.
 New programs required by the State, including Development Code amendments to bring the City’s code into conformance with State law; and  New programs not required by the State but proposed by the City to address its housing needs.

Because the complete list of HEU programs is very lengthy and includes many programs already being conducted by the City, the list below includes the most substantial and noteworthy new programs in the HEU:
 Adopt financial and regulatory incentives for affordable ADUs (required by State law).
 Allow projects with 20 percent affordable units by right on specified sites (required by State law).
 Initiate County-level discussion of community land trusts and a regional housing trust fund.
 Rezone properties to provide additional opportunities outside of lower resource areas.
 Expand the City’s inclusionary (below market-rate) requirements to include rental and condominium projects.
 Adopt objective design standards to streamline the development process (given that the City’s current subjective standards are no longer applicable under State law).
 Remove covered parking requirement for multifamily housing projects.  Allow religious institutions to remove parking in order to provide housing (required by State law).

Page 18 of 100 ends

City Council Agenda Report
Agenda Item No. 4.a
June 14, 2022
 Adopt a tenant anti-harassment protection ordinance.
 Appropriate $2.4 million dollars for development and implementation of a Strategic Plan on homelessness.
 Utilize $1.25 million dollars in grant funds to provide housing navigation, support services, and 6 to 12 months of rental subsidy to rapidly rehouse people experiencing homelessness for the next 5 years, or longer if funding is available.  Hire a Community Services Manager whose role will include a focus on homelessness issues by July 2022.

Financial Impact
The recommended action is to provide comments only. No formal action is being taken at this time, therefore there is no financial impact from the recommended action.

Adoption of the HEU in early 2023 will commit the City to certain housing programs which must be funded from available resources. Staff will provide a more detailed financial impact analysis at that time.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and the implementing CEQA Guidelines, Title 14, Chapter 3 of the California Code or Regulations (CEQA), the recommended action does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2) or 15378, because there is no potential that the action will result in a direct or reasonably foreseeable indirect or direct physical change in the environment. The appropriate environmental review document will be presented to Council for adoption prior to adoption of the final HEU in 2023.

Moreover, even if the recommended action did comprise a project for CEQA analysis, it would fall within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), which excludes projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist. Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Draft Housing Element Update (available at
www.concordhousingelement.org)

Page 19 of 100 ends

From: Laura Nakamura <[email protected]>
Sent: Tuesday, June 14, 2022 2:57 PM
To: City Clerk <[email protected]>; Sage, Aaron <[email protected]>; Hoffmeister, Laura <[email protected]>; Aliano, Dominic <[email protected]>; McGallian, Tim <[email protected]>; Obringer, Carlyn <[email protected]>; Birsan, Edi <[email protected]> Subject: June 14th, City Council Meeting Agenda item 4 a

Dear Concord City Council,

Concord’s Housing Element must ensure that all residents and families have a safe, affordable and healthy place to call home.

I urge the Council to pass a tenant Anti-Harassment Policy that will prevent further harassment and displacement of Concord families. These are our neighbors and they are members of our community.

The current draft plan does not go far enough in addressing what has been expressed by the Concord residents. But passing a strong anti-harassment policy will help to shape Concord’s Housing Element to one that reflects true input from the community.

Respectfully,

Laura Nakamura
Concord resident, District 5

Benched
Correspondence
Agenda Item No. 4.a
June 14, 2022

Page 20 of 100 ends

Housing Element Update
Council Input on Public Review Draft
Actualización del Elemento de Vivienda
Retroalimentación del Consejo sobre el Borrador de
Revisión Pública
June 14, 2022
Junio 14, 2022
Presented by the City of Concord, Dudek, and Kearns & West Presentado por la Ciudad de Concord, Dudek y Kearns & West

Page 21 of 100 ends

Land Acknowledgement
Reconocimiento de tierras
The primary inhabitants of the area
were the Chupcan tribe of the Bay
Miwok language group. Concord is also
home to members of other tribal
groups, including Ohlone and Bay
Miwok.

Los principales habitantes de la zona
eran la tribu Chupcan del grupo
lingüístico Bay Miwok. Concord también
es hogar de miembrxs de otras tribus,
incluyendo Ohlone y Bay Miwok.

City of Concord outline
Borde Ciudad de Concord
2

Page 22 of 100 ends

Tonight’s Agenda
Agenda de hoy
• Recommended Actions / A cciones Recomendadas
• Project Team / Equipod el Proyecto
• Project History / H istoria del Proyecto
• Community Engagement / A lcance al público
• Housing Element Components / L os Componentes del Elemento de Vivienda • Programs Implementation / I mplementación de Programas • How to Provide Input / C ómo Proporcionar Retroalimentación • Next Steps / P asos a Seguir
3

Page 23 of 100 ends

Recommended Actions
Acciones Recomendadas
• Consider the draft Housing Element Update (HEU).

Considerar el borrador de la Actualización del Elemento de Vivienda. • Consider public comment.

Considerar los comentarios públicos.
• Provide comments to be incorporated into a revised draft HEU to be submitted to the
California Department of Housing and Community Development.

Proporcionar comentarios para incorporarlos en un borrador revisado que se enviará al Departamento de Vivienda y Desarrollo Comunitario de California. 4

Page 24 of 100 ends

Project Team
Equipo del Proyecto
Aaron Sage
Principal Planner
Planificador Principal
Mindy Gentry
Planning Manager
Manager de Planificación
Jenna Tourjé Ivana Rosas
Asha Bleier Elizabeth Dickson
Community Engagement
Alcance al público
Community Engagement
Alcance al público
Consultant Project Manager
Manager del Proyecto -
Consultora
Planner
Planificadora
Ben Ulrey
Planning Technician
Técnico de Planificación
5

Page 25 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
6

Page 26 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
7 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022

Page 27 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
8 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen

Page 28 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
9 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Listening
Sessions
Sesiones de
Eschucha

Page 29 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
10 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha

Page 30 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
11 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1

Page 31 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
12 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Housing
Needs
Necesidades
de Vivienda

Page 32 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
13 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Housing
Needs
Necesidades
de Vivienda

Page 33 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
14 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Housing
Needs
Necesidades
de Vivienda
Constraints
& Sites
Restricciones
& Sitios

Page 34 of 100 ends

Where We’ve Been
Nuestro Camino Hasta Aquí
15 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Housing
Needs
Necesidades
de Vivienda
Constraints
& Sites
Restricciones
& Sitios
Programs
ProgramasPage 35 of 100
Where We’ve Been
Nuestro Camino Hasta Aquí
16 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Town Hall #3
Junta
Comunitaria
#3
Housing
Needs
Necesidades
de Vivienda
Constraints
& Sites
Restricciones
& Sitios
Programs
ProgramasPage 36 of 100
Where We’ve Been
Nuestro Camino Hasta Aquí
17 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Town Hall #3
Junta
Comunitaria
#3
Housing
Needs
Necesidades
de Vivienda
Constraints
& Sites
Restricciones
& Sitios
Programs
Programas
Draft HEU
Borrador del
HEU

Page 37 of 100 ends

Community Engagement
Alcance al Público
18

Page 38 of 100 ends

400
Town Hall
Participants
868
Survey
Participants
25 Community
Organizations
2 Virtual &
2 In-Person
Town Halls
Engagement by the Numbers
Alcance Según los Números
The City has had nearly
1,500 contacts and worked
with over 25 organizations
in English and Spanish.

La Ciudad ha tenido casi 1.500
contactos y ha trabajado con más
de 25 organizaciones en inglés y
español.
19

Page 39 of 100 ends

Community Survey: Priorities
Encuesta Comunitaria: Prioridades
• Support more housing near transit, amenities, jobs and services, in a
ccessory dwelling units, and in single-family neighborhoods. Apoyar más vivienda cerca de tránsito, recursos y trabajos, en unidades de vivienda accesorias y en vecindarios unifamiliares.
• Prioritize redevelopment of vacant or underutilized commercial p
roperties. Priorizar el desarrollo de propiedades comerciales vacantes o infrautilizadas.
• Build affordable housing at the former Naval Weapons Station.

Co
nstruir vivienda asequible en la anciana Estación Naval de Armas. 20

Page 40 of 100 ends

Community Survey: Challenges
Encuesta Comunitaria: Desafíos
• Rentals A lquileres : Low supply of housing, including cost-restricted affordable units. Hay baja cantidad de viviendas, incluyendo unidades asequibles que tienen costos restringidos.
• Homeownership Se r proprietarix: Overall costs, down payment and housing prices. Costos en general, la hipoteca y los precios de las viviendas.
• Homeownership Se r proprietarix: Wealthy investors outbidding individual buyers. Invesores ricos superan a compradores individuales. 21

Page 41 of 100 ends

Town Halls
Junta Comunitarias
22

Page 42 of 100 ends

Town Halls
Junta Comunitarias
Children’s Activity
Actividad para Niñxs
Priorities
Prioridades
23 Discussions
Conversaciones

Page 43 of 100 ends

Town Hall #1 – Major Themes
Junta Virtual #1 – Temas Resaltantes
Priorities
Prioridades
• Affordable rental units
U
nidades de alquiler
• Housing for unsheltered
per
sons, persons with
disabilities, and seniors
Vivienda para personas con
discapacidad, sin hogar y
mayores de edad
• Keeping people in their
ho
mes
Mantener la gente en sus
hogares
Barriers
Obstaculos
• High development costs
Al
tos costos del desarrollo
• Shortage of adequate sites for
de
velopment
Escacez de sitios adecuados
para el desarrollo
• Permitting process
E
l proceso de permisos
Strategies
Estrategias
• Growth in Downtown and
al
ong commercial
corridors
El desarrollo en el centro
de la ciudad y a lo largo
de sitios comerciales
• Mixed use development
E
l desarrollo de uso mixto
24

Page 44 of 100 ends

Renter Assistance
Asistencia para
Inquilinos
• Stronger tenant protections,
i
ncluding rent control and just
cause for evictions
Protecciones más fuertes para
inquilinos, incluido el control
de alquileres y la causa justa
para los desalojos
• Community-involved
so
lutions for homelessness
Soluciones comunitarias para
la falta de vivienda
Homeownership
Ser Proprietarix
• Increased voucher
p
rograms and rent control
Aumentar los programas
de subsidio y control de
alquileres
• Ensure developers build
a
ffordable units
Asegurar de que los
desarrolladores
construyan unidades
asequibles
Town Hall #2 – Major Themes
Junta Virtual #2 – Temas Resaltantes
25 Preservation &
Rehabilitation
Preservación y
rehabilitación
• Rehabilitation causing
unaffordability of units
La rehabilitación que causa
inasequibilidad de unidades
• Affordable rent programs,
community land
trusts and tenant/community
opportunities to purchase
Programas de alquiler,
fideicomisos de tierras
comunitarias y arrendatario
para la compra

Page 45 of 100 ends

Quality of Life & Satisfaction Survey
Encuesta Acerca de la Calidad de Vida y Nivel de Satisfacción Top 3 Most Serious Issues Facing Concord
Los 3 Problemas Más Graves que Enfrenta Concord

1. Homelessness (51.9%)
F
alta de Vivienda

2. Crime/Public Safety (26.3%)
De
lincuencia/Seguridad Pública

3. Housing/Affordability (16.5%)
Viv
ienda/Asequibilidad
26

Page 46 of 100 ends

Quality of Life & Satisfaction Survey
Encuesta Acerca de la Calidad de Vida y Nivel de Satisfacción Most Important City Services
Los Servicios Más Importantes de la Ciudad
• #4 – S ervices for the homeless
Servicios para personas sin hogar
• #16 – As
sistance for tenants at-risk of losing housing
Asistencia a inquilinxs en riesgo de perder la vivienda 27

Page 47 of 100 ends

Quality of Life & Satisfaction Survey
Encuesta Acerca de la Calidad de Vida y Nivel de Satisfacción Most Effective Housing Strategies
Estrategias de Vivienda más Efectivas

1. Develop vacant / underutilized sites
De
sarollar los sitios vacíos o infrautilizados

2. Develop housing at Naval Weapons Station
D
esarrollar viviendas en la Estación de Armas Navales

3. Locate new housing throughout the City, not just in lower-i ncome areas Ubicar nuevas viviendas en toda la ciudad, no solo en áreas de bajos ingresos

4. Increase housing supply near public transit
Aume
ntar la oferta de viviendas cerca del transporte público 28

Page 48 of 100 ends

Housing Element Components
Los Componentes del Elemento de Vivienda
29

Page 49 of 100 ends

Components of the Housing Element
Componentes del Elemento de Vivienda
Introduction / Introducción
General Plan Consistency / Consistencia con el Plan General Goals and Policies / Objetivos y Políticas
Program Implementation / Implementación de Programas
Appendices / Apéndices
• Appendix A: 5th Cycle Review / Revisión del 5to Ciclo • Appendix B: Community Profile / Perfil de la Comunidad • Appendix C: Constraints and Zoning Analysis / Zonificación y Límites • Appendix D: Affirmatively Furthering Fair Housing Analysis / Vivienda Justa • Appendix E: Sites Analysis and Inventory / Inventario y Análisis de Sitios • Appendix F: Community Engagement Summary / Resumen de Alcance 30

Page 50 of 100 ends

Introduction / Introducción
General Plan Consistency / Consistencia con el Plan General Goals and Policies / Objetivos y Políticas
Program Implementation / Implementación de Programas
Appendices / Apéndices
• Appendix A: 5th Cycle Review / Revisión del 5to Ciclo • Appendix B: Community Profile / Perfil de la Comunidad • Appendix C: Constraints and Zoning Analysis / Zonificación y Límites • Appendix D: Affirmatively Furthering Fair Housing Analysis / Vivienda Justa • Appendix E: Sites Analysis and Inventory / Inventario y Análisis de Sitios • Appendix F: Community Engagement Summary / Resumen de Alcance Components of the Housing Element
Componentes del Elemento de Vivienda
31

Page 51 of 100 ends

Page 52 of 100 ends

Page 53 of 100 ends

Goals and Policies
Objetivos y Políticas
Goals and policies outline the City’s overall strategy for meeting its housing needs.

Los objetivos y las políticas dan el esquema de la estrategia general de la Ciudad para satisfacer sus necesidades de vivienda.

Goals
Objetivos
Policies
Políticas
Programs
Programas
34

Page 54 of 100 ends

Goals
Objetivos
Goal 1: A balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord.

Objetivo 1: Una oferta equilibrada de tipos de viviendas, densidades y precios para satisfacer las necesidades de todos los grupos de ingresos que residen o desean residir en Concord.

Goal 2: Preserved and enhanced neighborhoods that improve quality of life for all residents.

Objetivo 2: Vecindarios preservados y mejorados que mejoren la calidad de vida de todos los residentes.
35

Page 55 of 100 ends

Goals
Objetivos
Goal 3: A City with housing opportunities for all special housing needs, including households with older adults, persons with disabilities, female headed households, large families, and people experiencing homelessness.

Objetivo 3: Una ciudad con oportunidades de vivienda para todas las necesidades especiales de vivienda, incluidos hogares con adultos mayores, personas con discapacidades, hogares encabezados por mujeres, familias numerosas y personas con falta de vivienda. 36

Page 56 of 100 ends

Goals
Objetivos
Goal 4: A City with equal housing opportunity and access for all people regardless of race, religion, gender, marital status, age, ancestry, national origin, color, sexual orientation, familial status, source of income, or disability.

Objetivo 4: Una ciudad con igualdad de oportunidades de vivienda y acceso para todas las personas independientemente de su raza, religión, género, estado civil, edad, ascendencia, origen nacional, color, orientación sexual, estado familiar, fuente de ingresos o discapacidad. 37

Page 57 of 100 ends

Goals
Objetivos
Goal 5: A sustainable City that protects the environment while lowering the cost of energy.

Objetivo 5: Una ciudad sostenible que proteja el medio ambiente y reduzca el costo de la energía.
38

Page 58 of 100 ends

Housing Element Components
Componentes del Elemento de Vivienda
Introduction / Introducción
General Plan Consistency / Consistencia con el Plan General Goals and Policies / Objetivos y Políticas
Program Implementation / Implementación de Programas
Appendices / Apéndices
• Appendix A: 5th Cycle Review / Revisión del 5to Ciclo • Appendix B: Community Profile / Perfil de la Comunidad • Appendix C: Constraints and Zoning Analysis / Zonificación y Límites • Appendix D: Affirmatively Furthering Fair Housing Analysis / Vivienda Justa • Appendix E: Sites Analysis and Inventory / Inventario y Análisis de Sitios • Appendix F: Community Engagement Summary / Resumen de Alcance 39

Page 59 of 100 ends

Potential Housing
Sites Map –
Previous Draft
Mapa de Posibles
Sitios de Vivienda –
Borrador Previo
40 Leyenda
Límite de la Ciudad
Ingreso Bajo
Ingreso Moderado
Ingreso encima Moderado
Búfer
N

Page 60 of 100 ends

Potential Housing
Sites Map –
Current Draft
Mapa de Posibles
Sitios de Vivienda –
Borrador Actual
41 Leyenda
Límite de la Ciudad
N
Ingreso Bajo
Ingreso Moderado
Ingreso encima Moderado
Búfer Page 61 of 100
42 Leyenda
Límite de la Ciudad
N
Potential Housing
Sites Map –
Previous Draft
Mapa de Posibles
Sitios de Vivienda –
Borrador Previo
Ingreso Bajo
Ingreso Moderado
Ingreso encima Moderado
Búfer Page 62 of 100
Potential Housing
Sites Map –
Current Draft
Mapa de Posibles
Sitios de Vivienda –
Borrador Actual
43 Leyenda
Límite de la Ciudad
N
Ingreso Bajo
Ingreso Moderado
Ingreso encima Moderado
Búfer Page 63 of 100
Program Implementation
Implementación de Programas
44

Page 64 of 100 ends

Page 65 of 100 ends

Goals / Objetivos Policies / Políticas
Program
Implementation /
Implementación de
Programas
Programs are the “actions” of the Housing Element
Los Programas son las “acciones” del Elemento de
Vivienda
46

Page 66 of 100 ends

Types of Programs
Tipos de Programas
• Current programs being continued
P
rogramas que se continuirán
• New programs required by State law
N
uevos programas requeridos por ley Estatal
• New programs initiated by City
P
rogramas iniciados por la Cuidad
47

Page 67 of 100 ends

Program Structure
Estructura de Programas
• Title / Título
• Description / Descripción
• Objectives / Objetivos
• Responsible A gency
Agencia Responsable
• Funding S ources
Fuentes de Financiamiento
• Relevant P olicies
Políticas Relevantes
48

Page 68 of 100 ends

Page 69 of 100 ends

Page 70 of 100 ends

Page 71 of 100 ends

Page 72 of 100 ends

Page 73 of 100 ends

Page 74 of 100 ends

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
The City seeks to expand the range of housing
opportunities, including for residents with low
and moderate incomes, older adults, people with
disabilities, large families, female-headed
households with children, and people
experiencing homelessness. To make adequate
provision for the housing needs of all segments of
the community, the City must ensure equal and
fair housing opportunities are available to all
residents.

La Ciudad busca ampliar la gama de
oportunidades de vivienda, incluso para residentes
con ingresos bajos y moderados, adultos mayores,
personas con discapacidades, familias numerosas,
hogares encabezados por mujeres con niños y
personas sin hogar. Para hacer una provisión
adecuada para las necesidades de vivienda de
todos los segmentos de la comunidad, la Ciudad
debe garantizar que haya oportunidades de
vivienda justas y equitativas disponibles para
todxs lxs residentes.
55 Description Descripción

Page 75 of 100 ends

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
Objectives / Timeframe – Objetivos / Periodo de Tiempo
• Continue to participate in the Analysis of Impediments to Fair Housing Choice e
very 5 years.

Continuar participando en el Análisis de Impedimentos a la Equidad de Elección de Vivienda cada 5 años.
• Continue contract f or fair housing counseling, education and outreach services throughout the planning period.

Continuar con el contrato para servicios de asesoramiento, educación y divulgación sobre vivienda justa durante todo el periodo de planificación. • Bring forward a regional housing trust fund as an item on the Contra Costa County C
onsortium agenda by July 2024.

Presentar un fondo fiduciario de vivienda regional como elemento de la agenda del Consorcio de Condado de Contra Costa para julio del 2024. • Rezone sites to increase multifamily residential options by De cember 2026.

Rezonificar sitios para aumentar opciones de residencias multifamiliares para diciembre del 2026.
56

Page 76 of 100 ends

Tax Credit Allocation
Committee (TCAC)
Opportunity Map
Mapa de Oportunidades
del Comite de la Asignacion
de Creditos Fiscales
57N
Legend / Leyenda
Recursos Más Altos
Recursos Altos
Recursos Moderados (Cambios Rápidos)
Recursos Moderados
Recursos Bajos Page 77 of 100
Tax Credit Allocation
Committee (TCAC)
Opportunity Map
Mapa de Oportunidades
del Comite de la Asignacion
de Creditos Fiscales
58N
Legend / Leyenda
Recursos Más Altos
Recursos Altos
Recursos Moderados (Cambios Rápidos)
Recursos Moderados
Recursos Bajos
Area of Racially / Ethnically
Concentrated Poverty
Área de Pobreza Racial y
Étnicamente Concentrada

Page 78 of 100 ends

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
Objectives / Timeframe
• Bring forward community land trusts as an
i
tem on the Contra Costa County
Consortium agenda by July 2024.
• Seek grants that provide additional
r
esources for areas identified as “Low
Resource” on the opportunity maps
prepared by the Tax Credit Allocation
Committee, with special emphasis on the
area along Monument Boulevard
identified as a Racially and Ethnically
Concentrated Area of Poverty (R/ECAP).

Objetivos / Periodo de Tiempo
• Presentar fideicomisos de tierras
c
omunitarias como un elemento de la
agenda del Consorcio del Condado de
Contra Costa para julio de 2024.
• Buscar subvenciones que brinden recursos
adic
ionales para las áreas identificadas
como “recursos bajos” en los mapas de
oportunidades preparados por el Comité de
asignación de créditos fiscales, con especial
énfasis en el área a lo largo de Monument
Boulevard identificada como un Área de
Concentración Racial y Étnica de Pobreza
(R/ECAP).
59

Page 79 of 100 ends

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
• Responsible Agency: C ommunity Development Department Agencia Responsable: Departamenteo de Desarrollo Comunitario • Funding Sources: F ederal/Local Grant Funds
Fondos Financieros: Fondos Subvenciones Estatales/Locales • Policies / P olíticas :
• 3.1: F acilitate the development of affordable housing for extremely low -, very low- , low-, and moderate-income households with older adults.

Facilitar el Desarrollo de viviendas asequibles para viviendas con adultos mayores de ingresos extremadamente bajo, bajo o moderado.
• 3.2: Expand housing opportunities for persons with disabilities in new and existing si
ngle-family and multifamily developments.

Expandir oportunidades de viviendas para personas con discapacidades en desarrollos nuevos y existentes uni- y multi-familiares. 60

Page 80 of 100 ends

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
• Policies Co ntinuado / Políticas Continuado:
• 3.3: E xpand housing opportunities for persons with physical and developmental disabilities in Concord.

Expandir oportunidades de vivienda para personas con discapacidades físicas y de desarrollo en Concord.
• 3.6: E
ncourage the development of affordable housing for large families with extremely low-, very low-, low-, or moderate-incomes, and continue to take actions to prevent discrimination against children in housing.

Promover el Desarrollo de viviendas asequibles para familias grandes con ingresos extremdadamente bajos, muy bajos, bajos, o moderados y continuar a tomar acciones para prevención de discriminación contra niños en viviendas. 61

Page 81 of 100 ends

Example: Program 8 – Fair Housing
Ejemplo 1: Programa 8 – Vivienda Justa
• Policies Co ntinuado / Políticas Continuado:
• 3.7: F acilitate the development of emergency shelters, transitional and supportive housing, and long-term affordable housing to reduce the risk of homelessness in the City of Concord.

Facilitar el desarrollo de refugios de emergencia, Vivienda transicional y de apoyo y viviendas asequibles de largo plazo para reducir el riesgo de falta de Vivienda en la Ciudad de Concord.
• 4.1: Ensure equal housing opportunities exist for all by reaffirming the City’s c
ommitment to work towards the elimination of discrimination in housing with regard to race, religion, sex, marital status, age, ancestry, national origin, color, sexual orientation, familial status, source of income, or disability.

Asegurar que la igualdad de oportunidades de vivienda existe para todas las personas afirmando el compromiso de la Ciudad hacía la eliminación de discriminación en viviendas con relación a raza, religion, sexo, estado civil, edad, ascendencia, origen nacional, color, orientiaciónsexual, estado familiar, fuente de ingreso o discapacidad. 62

Page 82 of 100 ends

Major New Programs – Fair Housing / Tenant Protections
Programas Nuevos Principales – Vivienda Justa / Protecciones Para Inquilinos • Initiate County-l evel discussion of
community land trusts and a regional
housing trust fund.
• Rezone properties to provide additional
o
pportunities outside of low resource
areas.
• Adopt a tenant anti -harassment
protection ordinance.
• Provide education and technical
a
ssistance to ensure tenants are aware of
available protections and resources.

Develop educational materials by January
2024.
• Iniciar di
scusiones a nivel del condado
sobre los fideicomisos de tierras
comunitarias y un fondo de vivienda
regional.
• Rezonificar pro piedades para
proporcionar oportunidades adicionales
fuera de áreas de menor recursos.
• Adoptar una o
rdinancia de anti-acoso
para inquilinos.
• Proporcionar l a educación y la asistencia
técnica para garantizar que los inquilinos
estén vigentes al tanto de las protecciones
y los recursos disponsibles. Desarrollar
materiales educativos para enero de
2024.
63

Page 83 of 100 ends

Major New Programs – Homelessness
Programas Nuevos Principales – Falta de Vivienda
• Develop and implement a Strategic Plan
t
o invest $2.4 million towards addressing
homelessness.
• Utilize $1.25 million dollars in grant funds
t
o provide housing navigation, support
services, and 6-12 months of rental
subsidy to rapidly rehouse people
experiencing homelessness for the next 5
years, or longer if funding is available.
• Hire a Community Services Manager
f
ocused on homelessness issues by July
2022.
• Desarollar e i mplementar un Plan
Estratégico para invertir $2,4 millones de
dolares abordando la falta de vivienda.
• Utilizar $1, 25 millones de dolares en
fondos de subcenviones para proporcioar
navigación para Vivienda, servicios de
apoyo y 6-12 meses de subsidio de
alquiler para rápidamente acojer a
personas sin vivienda en los próximos
cinco años o más tiempo si los fondos
están disponibles.
• Llenar un p uesto de Gerencia de Servicios
Comunitarios enfocada en personas sin
vivienda antes de julio 2022.
64

Page 84 of 100 ends

Major New Programs – Affordability
Programas Nuevos Principales – Asequibilidad
• Adopt financial and regulatory incentives
f
or affordable ADUs.*
• Allow projects with 20% affordable units
b
y right on specified sites.*
• Adopt objective design standards to
s
treamline the development process.*
• Expand the City’s inclusionary (below
m
arket-rate) requirements to include
rental and condominium projects.
*Required by State law.
• Adoptar i ncentivos regulatorios y
financieros para unidades de vivienda
accessorias asequibles.*
• Permitir pro yectos con 20% de unidades
asequibles por derecho en sitios
específicos.*
• Adoptar es tánderes de diseño para
mejorar el proceso de desarrollo.*
• Expandir l os requisitos inclusionarios (de
taza por debajo del mercado) de la Ciudad
para incluir a proyectos de condominios y
alquileres.
*Requerido por ley estatal.
65

Page 85 of 100 ends

Major New Programs – Parking
Programas Nuevos Principales – Estacionamiento
• Remove covered parking requirement for
m
ultifamily housing projects.
• Allow 25% parking reduction for housing
wi
thin ½ mile of BART
• Allow religious institutions to remove
p
arking in order to provide housing
(required by State law).
• Remover l os requisites de
estacionamiento con techo para proyectos
de vivienda pluri-familiares.
• Permitir una reducción de
e
stacionamiento del 25% para viviendas
dentro de ½ milla de BART
• Permitir i nstituciones religiosas remover
estacionamiento para proporcionar
vivienda (requerido por ley estatal.)
66

Page 86 of 100 ends

How to Provide Input
Cómo Proporcionar Su Retroalimentación
67

Page 87 of 100 ends

Accessing the Comment Form
Acceso al Formulario para Comentarios
English Form
Formulario en inglés
Spanish Form
Formulario en español
68

Page 88 of 100 ends

Suggested Tips and Questions to Consider When
Filling out the Comment Form
Tips y preguntas que debe considerar cuando llene el formulario de retroalimentación
• Remember to note what section your comment(s) are in reference to
. Acuerdese anotar a cuál sección se refiere.
• Please be as sp ecific as possible. Se lo más especifico posible. • Consider how the Housing Element programs address, or do not fully ad
dress, the City's housing needs. Considere cómo el Elemento de Vivienda aborda o no las necesidades de Vivienda de la Ciudad.
• Consider how p rograms may be improved or changed. Considere cómo los programas pueden ser mejorados o cambiados.
• Keep in mind t hat the programs tie to the five (5) housing element goals for the City. Tenga en mente que los programas se relacionan con los cinco (5) objetivos de la Ciudad.
69

Page 89 of 100 ends

Where We’re Going
El Camino a Seguir
70

Page 90 of 100 ends

Where We’re Going / El Camino a Seguir
71 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
City Staff
Personal de la
Ciudad

Page 91 of 100 ends

Where We’re Going / El Camino a Seguir
72 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Page 92 of 100 ends

Where We’re Going / El Camino a Seguir
73 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)

Page 93 of 100 ends

Where We’re Going / El Camino a Seguir
74 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Page 94 of 100 ends

Where We’re Going / El Camino a Seguir
75 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
Initial Review
(90 Days)
Revisión Inicial
(90 Días)
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)
Post Revisions
(7 days)
Publicar Revisiones
(7 Días)

Page 95 of 100 ends

Where We’re Going / El Camino a Seguir
76 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Review HCD
Comments
Revisar los
Comentarios
del HCD
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
Initial Review
(90 Days)
Revisión Inicial
(90 Días)
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)
Post Revisions
(7 days)
Publicar Revisiones
(7 Días)

Page 96 of 100 ends

Where We’re Going / El Camino a Seguir
77 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Review HCD
Comments
Revisar los
Comentarios
del HCD
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
Initial Review
(90 Days)
Revisión Inicial
(90 Días)
Review & Adopt
Final Draft
Revisar & Adoptar
el Borrador Final
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)
Post Revisions
(7 days)
Publicar Revisiones
(7 Días)

Page 97 of 100 ends

Where We’re Going / El Camino a Seguir
78 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Review HCD
Comments
Revisar los
Comentarios
del HCD
Comments (30 days)
Comentarios (30 Días)
Certification Review
(60 Days)
Revisión de
Certificación (60 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
Initial Review
(90 Days)
Revisión Inicial
(90 Días)
Review & Adopt
Final Draft
Revisar & Adoptar
el Borrador Final
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)
Post Revisions
(7 days)
Publicar Revisiones
(7 Días)

Page 98 of 100 ends

Contact Information
Cómo Contactarnos
www.concordhousingelement.org
[email protected]
Aaron Sage, Principal Planner
Planificador Principal
(925) 671-3465
79

Page 99 of 100 ends

Council Questions
Preguntas del Consejo
80

Page 100 of 100 ends

Staff Report
Date: June 14, 2022
To: City Council
From: Valerie Barone, City Manager
Reviewed by: Kevin Marstall, Director of Community Development Prepared by: Brenda Kain, Housing Manager
[email protected]
(925) 671-3088
Subject: Considering:
(1) Direction on policy options identified in the draft Residential Tenant Anti-Harassment Protection Ordinance, and
(2) Introduction of an Ordinance amending the Concord
Municipal Code by adding Chapter 19.50 “Residential
Tenant Anti-Harassment Protection” by reading of the title only and waiving further reading.

CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c)(2), 15061(b)(3), 15378 and/or Public
Resources Code Section 21065.

Report in Brief
At its meeting on December 14, 2021, City Council considered a proposed ordinance that would have amended the Concord Municipal Code by adding a new chapter titled Residential Tenant Anti-Harassment Protection. After hearing public testimony, Council directed staff to further engage with stakeholders and referred the item back to the Housing and Economic Development (HED) Committee (McGallian, Aliano).

Staff solicited and received additional input from stakeholders in January 2022. At a meeting on March 7, 2022, HED received public comment, reviewed a draft revised ordinance and provided input. Staff incorporated the March 7, 2022 HED input and is recommending adoption of the further revised ordinance (redlined to the December 14, 2021, version presented to the City Council) after Council’s consideration and approval

5.a5.a5.a5.a5.a5.a5.a5.a5.a

Page 1 of 187 ends

City Council Agenda Staff Report
Agenda Item No. 5.a
June 14, 2022
2 of three alternate policy options noted in three sections of the ordinance and explained in more detail in the body of this staff report.

Recommended Action
(1) Provide direction on policy options identified in the draft Residential Tenant Anti- Harassment Protection Ordinance, and
(2) Introduce an Ordinance (Attachment 1) amending the Concord Municipal Code by adding Chapter 19.50 “Residential Tenant Anti-Harassment Protection” by reading of the title only and waiving further reading.

Background
At its meeting on June 1, 2021, the City Council (Council) referred a discussion of regulations prohibiting landlord harassment to the Council Committee on Housing & Economic Development (HED) for discussion. The HED (Chair Edi E. Birsan and Member Timothy A. McGallian) met on September 29, 2021, and October 6, 2021, and considered oral and written information, testimony, and comments received from staff, stakeholders, and the public. The Committee directed staff to prepare an ordinance for the full Council’s consideration.

During the December 14, 2021, Council meeting, staff presented a draft ordinance that would amend the Concord Municipal Code by adding a new chapter titled Residential Tenant Anti-Harassment Protection. The purpose of the Chapter was to deter harassing behavior by residential real property owners, to encourage such owners to follow the law and uphold their responsibility to provide habitable rental properties, and to provide the option for tenants to pursue legal recourse when they are subjected to harassment by owners.

The Council received wide-ranging comments from tenant and property owner representatives regarding the ordinance. Comments from tenant representatives included requests to strengthen the protections in the ordinance, add specificity regarding harassment activities and increase damages in the ordinance. Property owner representatives stated that existing federal and state laws already provide protections to tenants. The Council directed staff to further engage with stakeholders and referred the item back to HED.

On January 14, 2022, staff sent an email to tenant and property owner representatives requesting specific input regarding the draft ordinance. Staff received additional input from stakeholders in response to that request.

The City Attorney prepared a revised ordinance in response to this stakeholder input and presented the revised ordinance to the HED Committee on March 7, 2022. During the March meeting, the HED received additional stakeholder input, reviewed the revised

Page 2 of 187 ends

City Council Agenda Staff Report
Agenda Item No. 5.a
June 14, 2022
3 ordinance and provided further input to the draft ordinance. The City Attorney has prepared the most current version of the ordinance that reflects HED’s March 7 input to Council for review and adoption (Attachment 2 (redlined version and Attachment 3 is the clean version), after Council considers and approves three alternate policy options in the ordinance.

Analysis
The revised ordinance balances Council comments received on December 14, 2021, the stakeholders’ proposed changes to the ordinance, HED input received during its March 7, 2022, meeting and staff input.

Below are highlights of the proposed changes to the Ordinance since the December 14, 2021 draft ordinance, which was the last version the Council reviewed. Note there are three sections where the HED Committee did not agree on the policy approach so the Committee has deferred the decision on these policy options to the full Council. Council will need to decide between the options prior to introducing the Ordinance for adoption.

Each area where a decision is needed is identified below under the title “Policy Option Decision:”
 19.50.010 – Purpose; Definitions; Citation. Added definitions of “housing services” and “rental unit,” modified the “owner” or “landlord” definition and modified the “tenant” definition. These changes provide greater clarity to the housing services provided in a lease and additional specificity regarding key definitions.
 19.50.020 – Prohibition of Residential Tenant Harassment. Multiple changes in this section.

Quiet Enjoyment – multiple changes to provide greater specificity to limit landlord access that harasses a tenant.

Policy Option Decision #1 – Elective Renovations
Option 1.A: Conduct elective renovation or construction of a rental unit without the tenant’s express written advance permission.

Option 1.B: Conduct elective renovation or construction of a rental unit for the purpose of harassing a tenant, with intent to terminate a tenancy.

The first policy option would be a higher standard for landlords.

Landlords would be required to obtain written permission for elective renovation or construction, such as installation of more water or

Page 3 of 187 ends

City Council Agenda Staff Report
Agenda Item No. 5.a
June 14, 2022
4 energy-efficient fixtures and appliances, or replacing items in accordance with a depreciation schedule.

The second policy option would prohibit renovation or construction that was harassing in nature or intended to terminate the tenancy, but would allow elective renovation or construction, with timing and entry to be coordinated with the tenant pursuant to the other provisions of the proposed ordinance, including boundaries on the landlord’s right of access.

Policy Option Decision #2 – Material terms of tenancy
Option 5.A: Unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless the change in the terms of the tenancy is authorized pursuant to state law, including Civil Code Sections 1946.2(f), 1947.5, or 1947.12, or required by Federal, State, or local law or regulatory agreement with a government agency.

Option 5.B: With respect to Housing Services only, unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless the change in the terms of the tenancy is authorized pursuant to state law, including Civil Code Sections 1946.2(f), 1947.5, or 1947.12, or required by Federal, State, or local law or regulatory agreement with a government agency.

The first policy option would be a higher standard for landlords. In no case would the landlord be able to unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement. The second option limits this action only as it relates to housing services, which are defined earlier in the proposed ordinance,1 and so effectively prohibits landlord from eliminating items or services previously provided, but does not affect other lease terms.

Policy Option Decision #3 – Abuse of Right of Access - Placement of lockboxes on housing units
1 “Housing Services” include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems, and gates, utilities (unless separately metered and billed to the tenant by the utility company since the inception of the tenancy, as provided in the lease), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit.

Page 4 of 187 ends

City Council Agenda Staff Report
Agenda Item No. 5.a
June 14, 2022
5 Option 4.A: Entry to show the residential real property to a prospective or actual purchaser (if the landlord has not notified the tenant in writing within 120 days of the oral notice that the property is for sale and the tenant was informed they may be contacted to allow for an inspection);
Option 4.B: Same as Option 4.A but adding the following clause “or placing a “lock box” on residential real property for the purpose of showing such residential real property to a prospective or actual purchaser” at the end;
The second policy option would be a higher standard for landlords.

This option would prohibit the placement of a lock box on the unit if proper notice has not been provided to the tenant.

Forced Vacation – added one clause prohibiting the removal of a housing service for the purpose of causing the tenant to vacate the unit.

Misrepresentation – added two clauses to provide greater specificity to prohibit landlord misrepresentations as a means of causing the tenant to vacate a unit.

Rent Payments – added one clause regarding a tenant’s right to rental receipts and a clause that addresses a tenant’s rights to make forms of payment.

Access - added three clauses to require enhanced communication from landlords regarding unit entries.

Privacy – modified a clause broadening the type of identification that can satisfy landlord’s request for identification and referencing state and federal law.

Tenant Unions - significant modifications to this section. Added clause to add greater specificity regarding a tenant’s rights to distribute literature. Added a restatement of tenant rights under California Civil Code Section 1942.6.

Other Acts – added new section with clauses regarding methods of communication between a landlord and a tenant and a clause prohibiting repeated acts or omissions by landlords that would prevent the lawful occupancy of the housing unit.
 19.50.030 – Landlord Retaliation Prohibited. Minor clarifying modifications to this section.

Page 5 of 187 ends

City Council Agenda Staff Report
Agenda Item No. 5.a
June 14, 2022
6  19.50.040 – Remedies and Penalties. Added clause to provide the authority for tenants to collect enhanced money and punitive damages in the event a court finds a landlord has violated this ordinance. Included mandatory language regarding court awarding of attorney fees.
 19.50.050 – Lawful Evictions. No proposed changes.
 19.50.060 – Severability. No proposed changes.

Financial Impact
There is no financial impact to the City from introduction and adoption of this Ordinance.

Public Contact
There has been a robust public process to date, inclusive of three HED Committee meetings and one previous Council meeting. Additionally, between the Council meeting in December and the HED Committee review in March, stakeholders were provided three weeks to submit suggested modifications to the ordinance. Comments were received from the Raise the Roof Coalition (Attachment 4) and the California Apartment Association (Attachment 5). The Todos Santos Tenants Union submitted tenant stories (Attachment 6). Staff and the HED Committee then worked to balance their comments and address where feasible and supported. The proposed modifications are attached to this staff report.

For the Council meeting of June 14, 2022 notice was sent by e-mail to all individuals on the housing interested parties list on April 14, 2022; the draft staff report and ordinance was shared with interested parties and posted on the website a week before this Council meeting; and legal public notice was posted in accordance with State law.

Attachments

1. Draft Ordinance Amending the Concord Municipal Code by adding Chapter 19.50 “Residential Tenant Anti-Harassment Protection”

2. Draft Chapter 19.50 Residential Tenant Anti-Harassment Protection red-lined to the December 14, 2021, version (with policy options highlighted)

3. Clean version of Draft Chapter 19.50 Residential Tenant Anti-Harassment Protection Ordinance (with policy options highlighted)

4. Communication from Raise the Roof with suggested changes to the draft ordinance

5. Communication from California Apartment Association with suggested changes to the draft ordinance

6. Communication from Todos Santos Tenants Union with tenant stories

Page 6 of 187 ends

Ord. No. 21-XX 1
ORDINANCE NO. 22-XX

AN ORDINANCE AMENDING THE CONCORD MUNICIPAL CODE BY ADDING CHAPTER 19.50 “RESIDENTIAL TENANT ANTI-HARASSMENT PROTECTION” WHEREAS, City of Concord renters comprise 40 percent of the City’s population and are an essential part of the community fabric; and
WHEREAS, such renter households include thousands of low- and very low-income households, including seniors, young children, and persons with special needs; and WHEREAS, the City is committed to remaining a diverse and inclusive community; and WHEREAS, in response to community concerns regarding the potential for landlord harassment of residential tenants, the City Council referred the topic an anti-harassment ordinance to the Council Committee on Housing & Economic Development (HED Committee) for discussion; and WHEREAS, the HED Committee held meetings on September 29, 2021 and October 6, 2021 to address the topic and where the public, tenant advocates, and landlord representatives provided input on the scope and content of a potential anti-harassment ordinance, and the HED Committee instructed staff to draft certain residential tenant anti-harassment protections based on the outcome of the HED Committee meeting, for City Council consideration; and WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on December 14, 2022, and based on public input and City Council comments did not adopt the draft Residential Tenant Anti-Harassment Protection but instead re-referred it to the HED Committee; and WHEREAS, City staff conducted robust public outreach and solicited additional information on the draft Residential Tenant Anti-Harassment Protection, which was considered, discussed, and revised at the HED committee meeting on March 7, 2022, and then referred to the City Council for consideration; and
WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on June 14, 2022, on this ordinance including the proposed Residential Tenant Anti-Harassment Protection provisions as set forth in Attachment 1

Page 7 of 187 ends

Ord. No. 22-XX 2
Exhibit A attached hereto and incorporated by reference (“Ordinance”), and declared their intent to approve and adopt the Ordinance and codify it as Concord Municipal Code Chapter 19.50; and WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including oral and written staff reports, materials, documents, exhibits, testimony, and community presentations received at the September 29, 2021, October 6, 2021, and March 7, 2022 Special Meetings of the Housing and Economic Development Committee, and at the December 14, 2021 and June 14, 2022 City Council public hearing, that constitutes the record of proceedings upon which the City Council has based its action (collectively, “Ordinance Information”).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The City Council finds that the above recitals (which are hereby incorporated by reference) are accurate and constitute findings in this matter and, together with the Ordinance Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Ordinance and further makes the following findings.

Section 2. Ordinance Information. The City Council has reviewed, considered, and evaluated all of the Ordinance Information prior to acting upon Ordinance. The Ordinance Information is located in and may be obtained from the City of Concord Clerk’s Office, 1950 Parkside Drive, Concord, CA 94519.

Section 3. The Ordinance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as the proposed Ordinance establishes regulations regarding the prohibition of harassment of residential tenants.

Page 8 of 187 ends

Ord. No. 22-XX 3
because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 5. Municipal Code Amendment.

The City Council hereby approves and adopts the
amendment to the Municipal Code, specifically the addition of Chapter 19.50 “Residential Tenant Anti-Harassment Protection” as set forth in Exhibit A, attached hereto and incorporated by reference.

Section 6. Severability. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 7. Publication and Effective Date. This Ordinance shall become effective thirty (30) days following passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Dominic Aliano
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk

Page 9 of 187 ends

Ord. No. 22-XX 4
(Seal)
Ordinance No. 22-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on June 14, 2022, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on June 28, 2022 by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Attachment: Exhibit A – Chapter 19.50 Residential Tenant Anti-Harassment Protection

Page 10 of 187 ends

Chapter 19.50
Residential Tenant Anti-Harassment Protection
Sections

19.50.010 Purpose; Definitions; Citation

19.50.020 Prohibition of Residential Tenant Harassment.

19.50.030 Landlord Retaliation Prohibited.

19.50.040 Remedies and Penalties.

19.50.050 Lawful Evictions.

19.50.060 Severability.

19.50.010 Purpose; Definitions; Citation
(a) (a) Purpose. The purpose of this Chapter is to deter harassing behavior by residential real property owners, to encourage such owners to follow the law and uphold their responsibility to provide habitable rental properties, and to give tenants legal recourse when they are subjected to harassment by owners.
(b) (b) Definitions. For the purposes of this chapter, the following definitions shall apply:
(1) (1) “Disabled” shall mean the same as that term is defined in Government Code Section 12955.3.
(2) “Harassment” shall have the same meaning as that term is defined in Code of Civil Procedure Section 527.6(b)(2), which, for convenience, reads as follows: “Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. The words “harass,” “harassing,” and variations thereof shall have the same meaning as “harassment.”
(3) (2) “Housing Services” include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems, and gates, utilities (unless separately metered and billed to the tenant by the utility company since the inception of the tenancy, as provided in the lease), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit.
(4) “Owner” or “landlord” shall mean any person, acting as principal or through an agentemployee or property manager, having the right to offer residential real property for rent. (5) (3) “Rental agreement" shall mean an oral or written lease, sublease, or similar agreement between an owner and a tenant for the lawful occupation of residential real property.
(6) (4) “Rental unit” shall mean any building, structure, or part thereof, or land appurtenant thereto constituting or held out as residential real property, rented or leased to a tenant, together with all housing services connected with use or occupancy thereof such as common areas and recreational facilities held out for use by a tenant, regardless of zoning or permitting status.
(7) “Residential real property” shall have the same meaning as that term is defined in Civil Code Section 1954.51, which, for convenience, defines residential real property as follows:
“includes any dwelling or unit that is intended for human habitation.” Attachment 2

Page 11 of 187 ends

(8) (5) “Tenant" shall mean any renter, tenant, subtenant, lessee, or sublessee of residential real property together with any other person entitled under the terms of a rental agreement or lease to the use or occupancy of residential real property or a rental unit.

(9) (6) “Tenancy” shall have the same meaning as that term is defined in Civil Code Section 1954.51, which, for convenience, defines tenancy as follows: “includes the lawful occupation of residential real property and includes a lease or sublease.”

(c) (c) Citation. This chapter may be referred to as the “Residential Tenant Anti-Harassment Protection Ordinance” of the City of Concord.

19.50.020 Prohibition of Residential Tenant Harassment.

No owner acting in bad faith shall engage in any of the following acts or omissions, each of which shall constitute evidence of harassment:

(a) Quiet Enjoyment. Willfully violateViolate or threaten to violate the covenant of quiet enjoyment provided under Civil Code Section 1927 including, without limitation, conduct:

(1) Two options for Council consideration:

Option 1.A: Conduct elective renovation or construction of a rental housingunit without the tenant’s express written advance permission;

Option 1.B: Conduct elective renovation or construction of a rental unit for the purpose of harassing a tenant;, with intent to terminate a tenancy willfully cause;

(2) Cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, or otherwise;

(3) Otherwise willfully violate or threaten to violate Civil Code Section 789.3; or terminate

(4) Terminate, interrupt, or fail to provide housing services required by a rental agreement absent a local health or safety emergency, or effecting (e.g. COVID-19 related gym facility closures, capacity restrictions, or hours limitations), or effect necessary or desirable maintenance, repairs, or renovations and diligently pursuing such to completion. Failure to provide housing services shall include transferring costs to the tenant that that by law are paid by the landlord, or charging the tenant for housing services that were not previously charged to that tenant under their rental agreements;

(5) Two options for Council consideration:

Option 5.A: Unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless the change in the terms of the tenancy is authorized pursuant to state law, including Civil Code Sections 1946.2(f), 1947.5, or 1947.12, or required by Federal, State, or local law or regulatory agreement with a government agency; or

(a)(6) Notwithstanding the foregoing, reasonably limiting hours of or imposing conditions on

Page 12 of 187 ends

access to certain housing services shall not constitute a violation of this section.

(b) Habitability.

(1) Fail to timely perform repairs and maintenance required by a rental agreement or by applicable Federal, State, County or local housing, health or safety laws; fail

(2) Fail to exercise due diligence in completing such repairs once undertaken; fail

(3) Fail to timely comply with any notice and order to correct violation issued by the City pursuant to the Concord Municipal Code including without limitation Chapter 8.10 (Sanitation), Chapter 8.25 (Neighborhood Preservation), and (Chapter 15.40 (Multi-family Rental Dwelling Units); violate

(4) Violate the warranty of habitability provided under Civil Code Sections 1941 and 1941.1; or violate

(b)(5) Violate the habitability standards and Health and Safety Code Sections 17920.3 and 17920.10.

(c) Access. Abuse the right of access into a rental housing unitresidential real property as established by California Civil Code Section 1954 or other applicable law. Such abuse includes, without limitation, entries:

(1) Entry for inspections that are not allowed by state law or are unrelated to necessary repairs or services; entries

(2) Entry or demands for entry at times outside normal business hours except as requested by the tenant or otherwise permitted by California Civil Code Section 1954; entries

(3) Entry contrary to a tenant's reasonable request to change the date or time of entry, provided, however the tenant shall make such request 7212 hours in advancefrom delivery of the notice of entry if the owner has hired a third-party to perform necessary repairs or services, or;

(4) Two options for Council consideration:

Option 4.A: Entry to show the rental housing unitresidential real property to a prospective or actual purchaser (if the landlord has not notified the tenant in writing within 120 days of the oral notice that the property is for sale and the tenant was informed they may be contacted to allow for an inspection); photograph

Option 4.B: Same as Option 4.A but adding the following clause “or placing a “lock box” on residential real property for the purpose of showing such residential real property to a prospective or actual purchaser” at the end;

(c)(5) Photographing or otherwise recording portions of residential real property that are beyond the scope of a lawful entry or inspection; or misrepresent the reasons for accessing residential real property. as stated on the notice of entry;

(6) Misrepresenting the reasons for accessing residential real property as stated on the notice of entry, such as using the right of access to collect evidence against the tenant;

(7) Entry that fails to provide the approximate time window for the entry or provides a time window that is unreasonably excessive in time;

(8) Failing to timely notify the tenant that entry into the residential real property for which

Page 13 of 187 ends

the tenant was previously given notice has been cancelled; or

(9) Entries that are excessive in number with respect to the reason stated on the notice of entry.

(d) Forced Vacation.

(d)(1) Influence or attempt to influence a tenant to vacate residential real property through fraud, misrepresentation, intimidation or coercion, including, without limitation, threaten to report a tenant or other person known to be associated with the tenant to the United States Department of Homeland Security, or otherwise violate Civil Code Sections 1940.2 or 1940.35.

(e) General Harassment. Subject a tenant to harassing behavior, whether oral, written, physical, or visual.

(2) Remove a housing service for the purpose of causing the tenant to vacate the rental unit.

(f)(e) Discrimination. Discriminate against a tenant: based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in violation of the California Fair Employment and Housing Act (FEHA, Government Code Sections 12900 et seq.); based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status in violation of the Unruh Civil Rights Act (Civil Code Section 51, et seq.); in violation of the Fair Housing Act (FHA, 42 U.S.C. 3601 et seq.); or otherwise in violation of applicable State or Federal law.

(f) Misrepresentation. Knowingly provide

(1) Misrepresent to a tenant that they are required to vacate a rental unit or otherwise entice a tenant to vacate a rental unit through misrepresentations or concealment of material facts;

(g)(2) Provide materially false written or verbal information regarding applicable Federal, State, County or local tenant protections, including deliberate mischaracterization of the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, violating Civil Code Section 1632, which requires certain rental agreements to be translated; or demanding that a tenant enter into a rent repayment plan to take advantage of tenant protection laws that do not require such plans.; or

(1) Take action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a favorable termination of that action.

(g) Rent Payments.

(1) Refuse to acknowledge or accept receipt of a tenant's lawful rent payment as set forth in a rental agreement, by usual practice of the parties, in a notice to pay rent or quit, or otherwise in violation of Civil Code Section 1499; refuse

(2) Refuse to cash or process a full payment rent check or other form of acceptable full rent payment, as provided for in the rental agreement, for over thirty (30) days after it is tendered; or fail

(3) Fail to maintain a current address for delivery of rent payments. The foregoing;

Page 14 of 187 ends

(4) Fail to provide a receipt to a tenant for rent or other payments tendered in violation of Civil Code Section 1499 and Code of Civil Procedure Section 2075;

(5) Fail to allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer, except where otherwise permitted by Civil Code Section 1947.3(a)(2); or

(h)(6) This section does not apply to payments from third parties except as required under Civil Code Section 1947.3, partial rent payments, or when accepting payment would waive or could be construed to waive a breach of the rental agreement, invalidate a tenant’s 30-day notice of intent to vacate, or invalidate a three-day notice to pay or quit. For such cases to be excluded from this subsection, the landlord must notify the tenant in writing of the reason for the failure to accept, cash, or process payment.

(h) Privacy. Violate a tenant's right to privacy, including without limitation, requestingsuch as:

(1) Requesting information regarding residence or citizenship status, protected class status, or Social Security number (except for, in the case of a Social Security number, for purposes of obtaining information for the qualifications for a tenancy); release), or refusing to accept equivalent alternatives to such information or documentation that does not concern immigration or citizenship status, e.g. an Individual Taxpayer Identification Number (ITIN);

(i)(2) Releasing such information except as required or authorized by law or in violation of applicable State and/or Federal law; request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation beyond (i) reliable disability information necessary to verify that the tenant’s condition meets the definition of a disability under FEHA or the Americans with Disabilities Act (ADA, 42 U.S.C. 12101 et seq.) or a handicap under the FHA, (ii) a description of the necessary accommodation, and (iii) a description of the relationship between the disability/handicap and the need for the requested accommodation.or

(3) Requesting information regarding a tenant's relationship status in violation of state or Federal law.

(i) Tenant Unions. Interfere with the right of tenants to organize:

(1) Organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection; or prevent including concerns regarding repairs and maintenance, rent amounts or rent increases, evictions, discrimination, or harassment, regardless of whether the tenants share the same landlord or management company.

(2) Convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement(s), except to the extent allowed by law. ).

(3) Contact other tenants and offer such tenants literature informing them of their rights and of opportunities to involve themselves in tenant organizing/tenant union activities.

(4) Distribute and post such literature on bulletin boards or other areas that the owner has designated for tenant use or free speech activities.

(5) Exercise their rights under Civil Code Section 1942.6, which, for convenience, provides as follows:

Any person entering onto residential real property, upon the invitation of an occupant, during reasonable hours or because of emergency circumstances, for the purpose of providing information regarding tenants’ rights or to participate in a lessees’ association or association of tenants or an association that advocates tenants’ rights shall not be liable

Page 15 of 187 ends

in any criminal or civil action for trespass.

The Legislature finds and declares that this section is declaratory of existing law. Nothing in this section shall be construed to enlarge or diminish the rights of any person under existing law.

(j)(6) Nothing in this section is intended to require that any owner allow tenant organizers, advocates, or representatives working with or on behalf of tenants living at the residential real property access to such residential real property (e.g. pursuant to Cedar Point Nursery v.

Hassid, 141 S.Ct. 2063 (2021) and progeny) except as expressly provided in Civil Code Section 1942.6 or to the extent such access constitutes a regulatory taking.

(j) Other Acts.

(1) Communicate with a tenant in a language other than English or the tenant's primary language for the purpose of intimidating, confusing, deceiving ,annoying, seriously alarming, or harassing the tenant;

(2) Communicate with a tenant via text message after the tenant has informed the landlord in writing (i.e. not via text message) that the tenant objects to communications via text message;

(3) Engage in other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy; or

(4) Secure any modification or waiver, whether oral or written, of any provision of this Chapter.

Any such waiver or modification is hereby declared to be against public policy and is void and unenforceable.

19.50.030 Landlord Retaliation Prohibited.

Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising their legal rights. No landlord may take any action increasing any rental amount, reducing any housing service, causing the tenant to involuntarily quit the premises, or discriminating against the tenant because of the tenant’s use of assertion of any rights or use of any remedy provided by this chapter.

19.50.040 Remedies and Penalties.
(a) (a) If an owner violates the terms of this Chapter, an aggrieved tenant may institute a civil action for injunctive relief, actual, statutory, or direct money damages, and any other relief that the court deems appropriate, which such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court.

If the aggrieved tenant is older than sixty-five (65) or disabled, the court may award an additional civil penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court.

(b) (b) Any person who violates, aids, abets, or incites another person to violate this chapter is liable in a court action for each and every such offense for money damages of not less than three (3) times actual damages suffered by an aggrieved tenant (including damages for mental or emotional distress), or for minimum damages in the sum of one thousand dollars ($1,000.00), whichever is greater, and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be trebled if the trier of fact finds that the defendant acted in knowing violation of or in reckless disregard of this Chapter.

(c) The court may award punitive damages in a proper case as set out in Civil Code Section 3294 and pursuant to the standards set forth in that Code Section or any successor thereto, but may not award both punitive damages and treble damages.

Page 16 of 187 ends

(d) The court shall award reasonable attorneys' fees and costs to a tenant who prevails in any such action. The court mayshall award reasonable attorneys' fees and costs to an owner who prevails in any such action if the court determines that the tenant's action was frivolous.

(e) (d) The remedies available under this Section shall be in addition to any other existing remedies which may be available to the residential tenant under applicable Federal, State, County, or local law.

19.50.050 Lawful Evictions.

Nothing in this chapter shall be construed as to prevent an owner from lawfully evicting a tenant pursuant to applicable Federal, State, County, or local law.

19.50.060 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Page 17 of 187 ends

Chapter 19.50
Residential Tenant Anti-Harassment Protection
Sec
tions

19.50.010 Purpose; Definitions; Citation

19.50.020 Prohibition of Residential Tenant Harassment.

19.50.030 Landlord Retaliation Prohibited.

19.50.040 Remedies and Penalties.

19.50.050 Lawful Evictions.

19.50.060 Severability.

19.50.010 P
urpose; Definitions; Citation
(a) Purpose. The purpose of this Chapter is to deter harassing behavior by residential real property owners, to encourage such owners to follow the law and uphold their responsibility to provide habitable rental properties, and to give tenants legal recourse when they are subjected to harassment by owners. (b) De
finitions. For the purposes of this chapter, the following definitions shall apply:
(1) “ D
isabled” shall mean the same as that term is defined in Government Code Section 12955.3.
(2) “ H
arassment” shall have the same meaning as that term is defined in Code of Civil Procedure Section 527.6(b)(2), which, for convenience, reads as follows: “Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. The words “harass,” “harassing,” and variations thereof shall have the same meaning as “harassment.”
(3) “
Housing Services” include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems, and gates, utilities (unless separately metered and billed to the tenant by the utility company since the inception of the tenancy, as provided in the lease), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit.
(4) “ Own
er” or “landlord” shall mean any person, acting as principal or through an employee or property manager, having the right to offer residential real property for rent. (5) “ Rental agreement" shall mean an oral or written lease, sublease, or similar agreement between an owner and a tenant for the lawful occupation of residential real property. (6) “ R
ental unit” shall mean any building, structure, or part thereof, or land appurtenant thereto constituting or held out as residential real property, rented or leased to a tenant, together with all housing services connected with use or occupancy thereof such as common areas and recreational facilities held out for use by a tenant, regardless of zoning or permitting status.
(7) “ R
esidential real property” shall have the same meaning as that term is defined in Civil Code Section 1954.51, which, for convenience, defines residential real property as follows:
“includes any dwelling or unit that is intended for human habitation.” (8) “ T
enant" shall mean any renter, tenant, subtenant, lessee, or sublessee of residential real property together with any other person entitled under the terms of a rental agreement or lease Attachment 3

Page 18 of 187 ends

to the use or occupancy of residential real property or a rental unit.

(9) “Tenancy” shall have the same meaning as that term is defined in Civil Code Section 1954.51, which, for convenience, defines tenancy as follows: “includes the lawful occupation of residential real property and includes a lease or sublease.”

(c) Citation. This chapter may be referred to as the “Residential Tenant Anti-Harassment Protection Ordinance” of the City of Concord.

19.50.020 Prohibition of Residential Tenant Harassment.

No owner acting in bad faith shall engage in any of the following acts or omissions, each of which shall constitute evidence of harassment:
(a) Quiet Enjoyment. V iolate or threaten to violate the covenant of quiet enjoyment provided under Civil Code Section 1927 including, without limitation:

(1) Two options for Council consideration:

Option 1.A: Conduct elective renovation or construction of a rental unit without the tenant’s express written advance permission;

Option 1.B: Conduct elective renovation or construction of a rental unit for the purpose of harassing a tenant, with intent to terminate a tenancy;

(
2) Cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration;

(3) Otherwise willfully violate or threaten to violate Civil Code Section 789.3;

(4) Terminate, interrupt, or fail to provide housing services required by a rental agreement absent a local health or safety emergency (e.g. COVID-19 related gym facility closures, capacity restrictions, or hours limitations), or effect necessary or desirable maintenance, repairs, or renovations and diligently pursuing such to completion. Failure to provide housing services shall include transferring costs to the tenant that that by law are paid by the landlord, or charging the tenant for housing services that were not previously charged to that tenant under their rental agreements;

(5) Two options for Council consideration:

(
6) Notwithstanding the foregoing, reasonably limiting hours of or imposing conditions on access to certain housing services shall not constitute a violation of this section.

(b) Habitability.

Page 19 of 187 ends

(1) Fail to timely perform repairs and maintenance required by a rental agreement or by applicable Federal, State, County or local housing, health or safety laws;

(2) Fail to exercise due diligence in completing such repairs once undertaken;

(4) Violate the warranty of habitability provided under Civil Code Sections 1941 and 1941.1; or

(5) Violate the habitability standards and Health and Safety Code Sections 17920.3 and 17920.10.

(c) Access. Abuse the right of access into residential real property as established by California Civil Code Section 1954 or other applicable law. Such abuse includes, without limitation:

(1) Entry for inspections that are not allowed by state law or are unrelated to necessary repairs or services;

(2) Entry or demands for entry at times outside normal business hours except as requested by the tenant or otherwise permitted by California Civil Code Section 1954;

(3) Entry contrary to a tenant's reasonable request to change the date or time of entry, provided, however the tenant shall make such request 12 hours from delivery of the notice of entry if the owner has hired a third-party to perform necessary repairs or services;

(4) Two options for Council consideration:

Option 4.A: Entry to show the residential real property to a prospective or actual purchaser (if the landlord has not notified the tenant in writing within 120 days of the oral notice that the property is for sale and the tenant was informed they may be contacted to allow for an inspection);

(
5) Photographing or otherwise recording portions of residential real property that are beyond the scope of a lawful entry or inspection as stated on the notice of entry;

(6) Misrepresenting the reasons for accessing residential real property as stated on the notice of entry, such as using the right of access to collect evidence against the tenant;

(7) Entry that fails to provide the approximate time window for the entry or provides a time window that is unreasonably excessive in time;

(8) Failing to timely notify the tenant that entry into the residential real property for which the tenant was previously given notice has been cancelled; or

(9) Entries that are excessive in number with respect to the reason stated on the notice of entry.

(d) Forced Vacation.

Page 20 of 187 ends

(1) Influence or attempt to influence a tenant to vacate residential real property through fraud, misrepresentation, intimidation or coercion, including, without limitation, threaten to report a tenant or other person known to be associated with the tenant to the United States Department of Homeland Security, or otherwise violate Civil Code Sections 1940.2 or 1940.35.

(2) Remove a housing service for the purpose of causing the tenant to vacate the rental unit.

(e) Discrimination. Discriminate against a tenant: based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in violation of the California Fair Employment and Housing Act (FEHA, Government Code Sections 12900 et seq.); based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status in violation of the Unruh Civil Rights Act (Civil Code Section 51, et seq.); in violation of the Fair Housing Act (FHA, 42 U.S.C. 3601 et seq.); or otherwise in violation of applicable State or Federal law.

(f) Misrepresentation.

(1) Misrepresent to a tenant that they are required to vacate a rental unit or otherwise entice a tenant to vacate a rental unit through misrepresentations or concealment of material facts;

(2) Provide materially false written or verbal information regarding applicable Federal, State, County or local tenant protections, including deliberate mischaracterization of the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, violating Civil Code Section 1632, which requires certain rental agreements to be translated; or demanding that a tenant enter into a rent repayment plan to take advantage of tenant protection laws that do not require such plans; or

(3) Take action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a favorable termination of that action.

(g) Rent Payments.

(2) Refuse to cash or process a full payment rent check or other form of acceptable full rent payment, as provided for in the rental agreement, for over thirty (30) days after it is tendered;

(3) Fail to maintain a current address for delivery of rent payments;

(4) Fail to provide a receipt to a tenant for rent or other payments tendered in violation of Civil Code Section 1499 and Code of Civil Procedure Section 2075;

(6) This section does not apply to payments from third parties except as required under Civil Code Section 1947.3, partial rent payments, or when accepting payment would waive or could be construed to waive a breach of the rental agreement, invalidate a tenant’s 30-day notice of intent

Page 21 of 187 ends

to vacate, or invalidate a three-day notice to pay or quit. For such cases to be excluded from this subsection, the landlord must notify the tenant in writing of the reason for the failure to accept, cash, or process payment.

(h) Privacy. Violate a tenant's right to privacy, such as:

(1) Requesting information regarding residence or citizenship status, protected class status, or Social Security number (except for, in the case of a Social Security number, for purposes of obtaining information for the qualifications for a tenancy), or refusing to accept equivalent alternatives to such information or documentation that does not concern immigration or citizenship status, e.g. an Individual Taxpayer Identification Number (ITIN);

(2) Releasing such information except as required or authorized by law or in violation of applicable State and/or Federal law; or

(3) Requesting information regarding a tenant's relationship status in violation of state or Federal law.

(i) Tenant Unions. Interfere with the right of tenants to:

(1) Organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection including concerns regarding repairs and maintenance, rent amounts or rent increases, evictions, discrimination, or harassment, regardless of whether the tenants share the same landlord or management company.

(2) Convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement(s).

(3) Contact other tenants and offer such tenants literature informing them of their rights and of opportunities to involve themselves in tenant organizing/tenant union activities.

(4) Distribute and post such literature on bulletin boards or other areas that the owner has designated for tenant use or free speech activities.

(5) Exercise their rights under Civil Code Section 1942.6, which, for convenience, provides as follows:

The Legislature finds and declares that this section is declaratory of existing law. Nothing in this section shall be construed to enlarge or diminish the rights of any person under existing law.

(6) Nothing in this section is intended to require that any owner allow tenant organizers, advocates, or representatives working with or on behalf of tenants living at the residential real property access to such residential real property (e.g. pursuant to Cedar Point Nursery v.

Hassid, 141 S.Ct. 2063 (2021) and progeny) except as expressly provided in Civil Code Section 1942.6 or to the extent such access constitutes a regulatory taking.

(j) Other Acts.

(1) Communicate with a tenant in a language other than English or the tenant's primary language for the purpose of intimidating, confusing, deceiving ,annoying, seriously alarming, or

Page 22 of 187 ends

harassing the tenant;

(2) Communicate with a tenant via text message after the tenant has informed the landlord in writing (i.e. not via text message) that the tenant objects to communications via text message;

(4) Secure any modification or waiver, whether oral or written, of any provision of this Chapter.

Any such waiver or modification is hereby declared to be against public policy and is void and unenforceable.

19.50.030 Landlord Retaliation Prohibited.

19.50.040 Remedies and Penalties.
(a) If an owner violates the terms of this Chapter, an aggrieved tenant may institute a civil action for injunctive relief, actual, statutory, or direct money damages, and any other relief that the court deems appropriate, which shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved tenant is older than sixty-five (65) or disabled, the court may award an additional civil penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court.

(b) Any person who violates, aids, abets, or incites another person to violate this chapter is liable in a court action for each and every such offense for money damages of not less than three (3) times actual damages suffered by an aggrieved tenant (including damages for mental or emotional distress), or for minimum damages in the sum of one thousand dollars ($1,000.00), whichever is greater, and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be trebled if the trier of fact finds that the defendant acted in knowing violation of or in reckless disregard of this Chapter.

(d) The court shall award reasonable attorneys' fees and costs to a tenant who prevails in any such action. The court shall award reasonable attorneys' fees and costs to an owner who prevails in any such action if the court determines that the tenant's action was frivolous.

(e) The remedies available under this Section shall be in addition to any other existing remedies which may be available to the residential tenant under applicable Federal, State, County, or local law.

19.50.050 Lawful Evictions.

Nothing in this chapter shall be construed as to prevent an owner from lawfully evicting a tenant pursuant to applicable Federal, State, County, or local law.

19.50.060 Severability.

Page 23 of 187 ends

subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Page 24 of 187 ends

From: Kristi Laughlin
To: Kain, Brenda
Subject: Input on the anti-harassment draft ordinance
Date: Friday, February 04, 2022 12:02:32 PM
Attachments: RTR memo re redline of anti-harassment ordinance 020322.pdf Anti-Harassment Redline 2-4-22.docx
Hi Brenda,
Hope you are well on this Friday morning!
Thank you for giving the opportunity for stakeholders, namely impacted tenants, to give feedback on the draft ordinance.

Attached you will find a memo to staff and Council from the Raise the Roof Coalition and the redline of the DRAFT Concord ordinance.

If you have any questions or concerns, please
let me know.

Have a great weekend.

Kristi
--
Kristi Laughlin
Senior Campaign Director
East Bay Alliance for a Sustainable Economy
Concord office: 2140 Minert Rd, 94518
510-847-2399
Preferred pronouns: She/Her/Hers
Attachment 4

Page 25 of 187 ends

February 4, 2022
Dear City Staff and Council,
On behalf of the Raise the Roof (RTR) Coalition and the Concord tenants who have been adversely affected by harassment, we want to thank you for the opportunity to give input into the Draft Anti-Harassment Ordinance that was presented to the Council in December. We appreciate your decision to bring it back to the HED committee in order to make this ordinance a more effective tool to protect the low-income residents of color and the immigrant families who bear the brunt of the abuse by a small handful of landlords.

As you heard on December 14th from overwhelming public comment, there was a cry for the voices and experiences of tenants who have been harmed by harassment to be centered and engaged in the crafting of the ordinance. Toward that end, we did the following:
● Our coalition sought input from our own member-based organizations (CCRG, Monument Impact, ACCE) whose members have experienced harassment. ● We reviewed the cases of tenants who have been served by the Legal Advice Clinics that Monument Impact and EBASE have hosted with Bay Area Legal Aid for over three years.
● We held listening sessions with members of the Todos Santos Tenants Union. ● We worked with non-profit tenant attorneys at ACCE and Centro Legal de la Raza to craft language that would address the many situations and forms of harassment that our Concord tenants have faced.

These experienced attorneys also harvested the lessons from other city ordinances, and sought to address the weaknesses that made it difficult for tenants to protect themselves and to defend their rights.

It is also worth mentioning that while the HED set out to use the Long Beach Ordinance as their template, the Concord Draft Ordinance that emerged bears little resemblance to that ordinance and most of the meaningful protections were gutted. Furthermore, there are weaknesses in the Long Beach ordinance and we don’t believe that it should have been the only one considered.

We had also encouraged the staff to consider the Model Ordinance that ACCE drafted, and we sent that to staff.

Page 26 of 187 ends

So, we are submitting the attached redline of the Concord DRAFT ordinance, and urging staff and the HED committee to use this version as Concord’s final ordinance. We believe that these changes make for a much more meaningful ordinance that will truly help protect tenants from abuse and provide more of a disincentive for unscrupulous landlords to perpetrate harassment.

We also urge that the HED committee and staff formally dialogue with tenant groups before finalizing a draft so that we can get it right this time and avoid having to repeat the process over again. We know your time is valuable. Also, time is of the essence to deliver a meaningful tool to tenants who are currently suffering from harassment and those that are being pushed out of their homes as a result.

Sincerely,
Kristi Laughlin, EBASE
On behalf of the Raise the Roof Coalition

Page 27 of 187 ends

Exhibit A to Attachment 1

Formatted: Body Text, Line spacing: Multiple 0.06 li
Formatted: Font: 10 pt

Chapter 19.50
Residential Tenant Anti-Harassment Protection

Sections

19.50.010 Purpose; Definitions; Citation

19.50.020 Prohibition of Residential Tenant Harassment.

19.50.030 Landlord Retaliation Prohibited.

19.50.040 Remedies and Penalties.

19.50.050 Lawful Evictions.

19.50.060 Severability.

19.50.010 Purpose; Definitions; Citation
(a) Purpose. The purpose of this Chapter is to deter harassing behavior by residential real property owners and their agents, contractors, subcontractors, and employees, to encourage such owners to follow the law and uphold their responsibility to provide habitable rental properties, and to give tenants legal recourse when they are subjected to harassment by owners.

(b) Definitions. For the purposes of this chapter, the following definitions shall apply:

(1) “Disabled” shall mean the same as in Government Code Section 12955.3.

(2) “Housing Services” include, but are not limited to, repairs, maintenance, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems, and gates, utilities (unless separately metered and billed to the tenant by the utility company since the inception of the tenancy, as provided in the lease), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit.

Housing services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained.

(3) “Owner” or “landlord” shall mean any person, acting as principal or through an agent, having the right to offer residential real property for rent.

(4) “Rental agreement" shall mean an oral or written lease, sublease, or similar agreement between an owner and a tenant for the occupation of residential real property.

(5) “Rental unit” shall mean any building, structure, or part thereof, or land appurtenant thereto, or any other rental property rented or offered for rent for residential purposes, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by a tenant, regardless of zoning or permitting status.

(6) “Tenant" shall mean any renter, tenant, subtenant, lessee, or sublessee of residential real property any other person entitled under the terms of a rental agreement or lease to the use or occupancy of any rental unit.

(c) Citation. This chapter may be referred to as the “Residential Tenant Anti-Harassment Protection Ordinance” of the City of Concord.

19.50.020 Prohibition of Residential Tenant Harassment.

No owner or owner’s agent, contractor, subcontractor, or employee acting in bad faith shall engage in any of the following acts or omissions, which shall constitute unlawful harassment:

Formatted: Style1, Left, Indent: Left: 0.07", Right: 0", No bullets or numbering, Tab stops: Not at 0.57"
Formatted: Style1, Indent: Left: -0.43"
Formatted: Style1, Left, Indent: Left: 0.07", No bullets or numbering, Tab stops: Not at 0.57"
Formatted: List Paragraph
Deleted: <#>“Harassment” shall have the same
meaning as that term is defined in Code of Civil
Procedure Section 527.6(b)(2), which, for convenience,
reads as follows: “Harassment” is unlawful violence, a
credible threat of violence, or a knowing and willful
course of conduct directed at a specific person that
seriously alarms, annoys, or harasses the person, and
that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to
suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.

The words “harass,” “harassing,” and variations thereof shall have the same meaning as “harassment.”¶
Formatted: Style3, Indent: Left: 0.75"
Formatted: Style3, Right: 0", No bullets or numbering, Tab stops: Not at 1.07" + 1.07"
Formatted: Style3, Indent: Left: 0.75"
Formatted: Style3, Right: 0", No bullets or numbering, Tab stops: Not at 1.07" + 1.07"
Deleted: lawful
Formatted: Style3, Indent: Left: 0.75"
Deleted: <#>“Residential real property” shall have
the same meaning as that term is defined in Civil Code
Section 1954.51, which, for convenience, defines
residential real property as follows: “includes any
dwelling or unit that is intended for human habitation.”¶ <#>¶
Formatted: Style3, Right: 0", No bullets or numbering, Tab stops: Not at 1.07" + 1.07"
Deleted: ¶
“Tenancy” shall have the same meaning as that term is
defined in Civil Code Section 1954.51, which, for
convenience, defines tenancy as follows: “includes the
lawful occupation of residential real property and includes a lease or sublease.”¶
Formatted: Style3, Indent: Left: 0.75"
Formatted: Indent: Left: 0.07", First line: 0"
Formatted: Not Expanded by / Condensed by
Formatted: Font: 11 pt
Formatted: Indent: Left: 0.07"

Page 28 of 187 ends

Exhibit A to Attachment 1

Formatted: Body Text, Line spacing: Multiple 0.06 li
Formatted: Font: 10 pt(a) Quiet Enjoyment. Violate or threaten to violate the covenant of quiet enjoyment provided under Civil Code Section 1927 including, without limitation,
(1) conduct elective renovation or construction of a rental housing unit; (2) cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration,
(3) otherwise violate or threaten to violate Civil Code Section 789.3; (4) terminate, interrupt or fail to provide housing services required by a rental agreement, or effect necessary or desirable maintenance, repairs, or renovations and diligently pursuing such to completion. Failure to provide housing services shall include transferring costs that by law are paid by the landlord to the tenant.

(b) Habitability.
(1) Fail to timely perform repairs and maintenance required by a rental agreement or by applicable Federal, State, County or local housing, health or safety laws or threaten to do so;
(2) fail to exercise due diligence in completing such repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts, or fail to follow appropriate guidelines to protect against infectious diseases, or to use all other containment or remediation protocols designed to protect the health and safety of the occupancy of a property when completing repairs and maintenance;
(3) fail to timely comply with any notice and order to correct violation issued by the City pursuant to the Concord Municipal Code including without limitation Chapter 8.10 (Sanitation), Chapter 8.25 (Neighborhood Preservation), and (Chapter 15.40 (Multi-family Rental Dwelling Units);
(4) violate the warranty of habitability provided under Civil Code Sections 1941 and 1941.1; or
(5) violate the habitability standards and Health and Safety Code Sections 17920.3 and 17920.10.

(c) Access. Abuse the right of access into a rental housing unit as established by California Civil Code Section 1954 or other applicable law. Such abuse includes, without limitation (1) Entry for inspections that are not allowed by state law or are unrelated to necessary repairs or services;
(2) Entry or demand for entry at times outside normal business hours except as requested by the tenant or otherwise permitted by California Civil Code Section 1954 (3) Entry that fails to provide the approximate time window for the entry or provides a time window that is unreasonably excessive in time;
(4) Entries that are excessive in number;
(5) Entry contrary to a tenant's reasonable request to change the date or time of entry; (6) Photographing or otherwise recording portions of residential real property that are beyond the scope of a lawful entry or inspection as stated on the notice of entry; (7) Misrepresenting the reasons for accessing residential real property or are using the right of access into the rental unit to collect evidence against the tenant; or (8) Failing to timely notify the tenant that entry into the rental unit for which the tenant was previously given notice has been cancelled.

(d) Forced Vacation. Influence or attempt to influence a tenant to vacate residential real property through fraud, misrepresentation, intimidation or coercion, including, without limitation, threaten to report a tenant or other person known to be associated with the tenant to the United States Department of Homeland Security, or otherwise violate Civil Code Sections 1940.2 or 1940.35.

(e) Discrimination. Discriminate against a tenant: based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in violation of the Formatted: Not Expanded by / Condensed by
Deleted: Willfully violate
Formatted: Not Expanded by / Condensed by
Formatted: Not Expanded by / Condensed by
Deleted: for the purpose of harassing a tenant; with
intent to terminate a tenancy willfully
Formatted ...

Deleted: or
Deleted: willfully …iolate or threaten to violate
Civil Code Section 789.3; or ...

Formatted: Style3, Right: 0.64", Space Before: 0 pt,
No bullets or numbering, Tab stops: Not at 0.57" +

0.57"
Formatted: Not Expanded by / Condensed by
Deleted: absent a local health or safety emergency,
or effecting
Formatted ...

Deleted: Notwithstanding the foregoing, reasonably
limiting hours of or imposing conditions on access
Formatted: Not Expanded by / Condensed by
Deleted: certain
Formatted ...

Deleted: not constitute a violation of this section
Formatted: Style3, Indent: Left: 0.75", Right: 0.64"
Deleted: ;
Formatted ...

Deleted: ;
Deleted: ¶
Formatted: Style3, Indent: Left: 0", Right: 0"
Deleted: , entries
Deleted: entries
Deleted: demands…emand for entry at times outside
normal business hours except as requested by the
tenant or otherwise permitted by California Civil
Code Section 1954; entries ...

Deleted: , provided, however the tenant shall make
such request 72 hours in advance if the owner has
hired a third-party to perform necessary repairs or
services, or to show the rental housing unit to a
prospective or actual purchaser (if the landlord has
notified the tenant in writing within 120 days of the ...

Formatted ...

Deleted: ; or misrepresent the reasons for accessing ...

Formatted ...

Deleted: ¶ ...

Formatted: Style1, Indent: Left: 0.07", Right: 0.57"
Formatted ...

Page 29 of 187 ends

Exhibit A to Attachment 1

Formatted: Body Text, Line spacing: Multiple 0.06 li
Formatted: Font: 10 ptCalifornia Fair Employment and Housing Act (FEHA, Government Code Sections 12900 et seq.); based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status in violation of the Unruh Civil Rights Act (Civil Code Section 51, et seq.); in violation of the Fair Housing Act (FHA, 42 U.S.C. 3601 et seq.); or otherwise in violation of applicable State or Federal law.

(f) Misrepresentation.
(1) Misrepresent to a tenant that they are required to vacate a rental unit or otherwise entice a tenant to vacate a rental unit through misrepresentations or concealment of material facts; (2) Provide materially false written or verbal information regarding applicable Federal, State, County or local tenant protections or laws, including deliberate mischaracterization of the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, violating Civil Code Section 1632, which requires certain rental agreements to be translated; or demanding that a tenant enter into a rent repayment plan to take advantage of tenant protection laws that do not require such plans; or (3) Take action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a favorable termination of that action.

(g) Rent Payments.
(1) Refuse to acknowledge or accept receipt of a tenant's lawful rent payment as set forth in a rental agreement, by usual practice of the parties, in a notice to pay rent or quit, or otherwise in violation of Civil Code Section 1499;
(2) Refuse to cash or process a full payment rent check or other form of acceptable full rent payment for over thirty (30) days after it is tendered; (3) Fail to maintain a current address for delivery of rent payments; (4) Fail to provide a receipt to a tenant for rent or other payments tendered in violation of Civil Code sections 1499 and 2075; or
(5) Fail to allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer, except where otherwise permitted by Civil Code Section 1947.3(a)(2).
(6) The foregoing do not apply to payments from third parties except as required under Civil Code Section 1947.3, partial rent payments or when accepting payment would waive or could be construed to waive a breach of the rental agreement. For such cases to be excluded from this subsection, the landlord must notify the tenant in writing of the reason for the failure to accept payment.

(h) Privacy. Violate a tenant's right to privacy, including without limitation, (1) Requesting information regarding residence or citizenship status, protected class status, or Social Security number (except for, in the case of Social Security number, for purposes of obtaining information for the qualifications for a tenancy), including a refusal to accept equivalent alternatives to information or documentation that does not concern immigration or citizenship status, e.g. an Individual Taxpayer Identification Number (ITIN); (2) Release such information except as required by law or in violation of applicable State and/or Federal law;
(3) Requesting information regarding a tenant's relationship status; (4) Requesting information about or placing unreasonable restrictions on overnight guests; (5) Making a video or audio recording that captures or records the interior of a rental unit;

(i) Tenant Unions. Interfere with the right of tenants to (1) Organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection; including concerns regarding repairs and maintenance, rent amounts or rent increases, evictions, discrimination, or harassment, regardless of whether the tenants share the same landlord or management company,
Formatted ...

Deleted: ¶
Formatted ...

Deleted: Knowingly provide
Formatted: Style3, Right: 0", Space Before: 0 pt,
Numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.57" +
Indent at: 0.82"
Deleted: ¶
¶
the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, violating Civil Code Section 1632, which requires certain rental agreements to be translated; or demanding that a tenant enter into a rent repayment plan to take advantage of tenant protection laws that do not require such plans. ...

Deleted: refuse
Deleted: or fail
Deleted: .

Formatted: Style3, Right: 0", No bullets or numbering, Tab stops: Not at 0.57" + 0.57"
Deleted: does…o not apply to payments from third
parties except as required under Civil Code Section
1947.3, partial rent payments or when accepting
payment would waive or could be construed to waive
a breach of the rental agreement or invalidate a three- day notice to pay or quit ...

Deleted: requesting
Formatted: Style3, Indent: Left: 0.5", Right: 0.64",
Numbered + Level: 1 + Numbering Style: 1, 2, 3, … +
Start at: 1 + Alignment: Left + Aligned at: 0.57" +
Indent at: 0.82", Tab stops: Not at 0.57" + 0.57"
Deleted: ); release such information except as
required or authorized by law or in violation of
applicable State and/or Federal law; request or
demand an unreasonable amount of information from
tenant in response to a request for reasonable
accommodation beyond (i) reliable disability
information necessary to verify that the tenant’s
condition meets the definition of a disability under
FEHA or the Americans with Disabilities Act (ADA,
42 U.S.C. 12101 et seq.) or a handicap under the
FHA, (ii) a description of the necessary
accommodation, and (iii) a description of the
relationship between the disability/handicap and the
need for the requested accommodation.

Formatted: Font color: Black
Deleted: organize
Formatted ...

Deleted: or prevent

Page 30 of 187 ends

Exhibit A to Attachment 1

Formatted: Body Text, Line spacing: Multiple 0.06 li
Formatted: Font: 10 pt(2) Provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property;
(3) Convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or distribute and post literature informing other tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards;

(j) Unilaterally impose or require an existing tenant to agree to new material terms of tenancy or a new rental agreement, unless the change in the terms of the tenancy is authorized by California Civil Code Sections 1946.2(f), 1947.5, or 1947.12, or required by Federal, State, or local law or regulatory agreement with a government agency;

(k) Remove a housing service for the purpose of causing the tenant to vacate the rental unit;

(l) Discriminate against a tenant who pays a lower rent amount by f ailing to provide or fail ing to adequately provide any of the following h ousing services are provided to other tenants in the building:
maintenance and repairs, elevator service, utilities required by law to be paid by the landlord, laundry facilities, janitorial service, refuse removal, security service, keys and means of ente ring or exiting a property such as key cards, entry fobs, or access to doors, or employee services, or any other housing service that tenants of the property customarily receive.

(m) Take action to terminate any t enancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the l andlord. No l andlord shall be liable under this s ubsection for bringing an action to recover possession unless and until the tenant has obtained a favorable termination of that action;

(n) Communicate with a tenant in a language other than tenant's primary language for the purpose of intimidating, confusing, deceiving or annoying the tenant or continue to communicate with a tenant via text message, after the tenant has informed the landlord in writing that the tenant objects to communications via text message; or

(o) Other Acts. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation to such occupancy.

19.50.030 Landlord Retaliation Prohibited.

No landlord may take any action to retaliate against a tenant for exercising their legal rights, including without limitation increasing any rental amount, reducing any service, causing the tenant to involuntarily quit the premises, or discriminating against the tenant because of the tenant’s assertion of any rights provided by this Chapter.

19.50.040 Remedies and Penalties.
(a) If an owner or owner’s agent, contractor, subcontractor, or employee violates the terms of this Chapter, an aggrieved tenant or the city attorney may institute a civil action for injunctive relief, actual or statutory damages, and any other relief that the court deems appropriate, which shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved tenant is older than sixty-five (65) or disabled, the court may award an additional civil penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court.

(b) Any person who violates, aids, or incites another person to violate this Chapter, including a landlord’s agent, employee, or contractor is liable in a court action for each and every such offense for money damages of not less than three (3) times actual damages suffered by an aggrieved tenant (including damages for mental or emotional distress), or for minimum damages in the sum of one thousand dollars Formatted: Numbered + Level: 1 + Numbering Style:
1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at:

0.57" + Indent at: 0.82"
Formatted: Font color: Black
Formatted: Font color: Black, Not Expanded by /
Condensed by
Formatted: Font color: Black
Formatted: Font color: Black, Not Expanded by /
Condensed by
Formatted: Font color: Black
Deleted: (s), except to the extent allowed by law.

Nothing in this section is intended to require that any owner allow tenant organizers, advocates, or
representatives working with or on behalf of tenants
living at the residential real property access to such
residential real property.

Deleted: Under Civil Code Section 1942.5, it is illegal for a
Deleted: lawfully and peaceably
Deleted: . No landlord may take any action
Formatted: Not Expanded by / Condensed by
Deleted: use
Deleted: remedy
Deleted: chapter
Formatted: Indent: Left: 0.1"
Formatted: Style1, Indent: Left: 0.07", First line: 0", Right: 0.57", Numbered + Level: 1 + Numbering Style:
a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:

0.07" + Indent at: 0.57", Tab stops: Not at 0.28"
Deleted: direct money
Deleted: such relief
Formatted: Style1, Indent: Left: 0.07", Right: 0.57"
Deleted: The

Page 31 of 187 ends

Exhibit A to Attachment 1

Formatted: Body Text, Line spacing: Multiple 0.06 li
Formatted: Font: 10 pt($1,000.00), whichever is greater, and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be trebled if the trier of fact finds that the defendant acted in knowing violation of or in reckless disregard of this Chapter.

(c) A court may award punitive damages in a proper case as set out in Civil Code Section 3294 and pursuant to the standards set forth in that Code Section or any successor thereto, but may not award both punitive damages and treble damages.

(d) The court shall award reasonable attorneys' fees and costs to a plaintiff who prevails in any such action.

(e) The remedies available under this Chapter shall be in addition to any other existing remedies which may be available to the tenant under applicable Federal, State, County, or local law.

(f) The statute of limitations for an action shall be three (3) years, and all remedies under this Chapter shall be available for the entire statutory period.

19.50.065 Non-waiverability.

Any provision, whether oral or written, whereby any provision of this Chapter is waived or modified, is against public policy, void, and unenforceable.

19.50.060 Severability.

Formatted: Style1, Left, Indent: Left: 0.07", First line:
0", Right: 0.57", Numbered + Level: 1 + Numbering
Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.07" + Indent at: 0.57", Tab stops: Not at 0.29" Deleted: tenant
Deleted: The court may award reasonable attorneys' fees and costs to an owner who prevails in any such action if the court determines that the tenant's action was frivolous.

Formatted: List Paragraph
Deleted: <#>This chapter grants a defense to eviction to any unlawful detainer actions in violation of this chapter.¶ <#>¶
<#>¶
<#>¶
Formatted: Style1, Indent: Left: 0.07", First line: 0", Right: 0.57", Numbered + Level: 1 + Numbering Style:
a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:

0.07" + Indent at: 0.57", Tab stops: Not at 0.29"
Deleted: <#>Section
Deleted: <#>residential
Formatted: List Paragraph, Indent: Left: 0.07"
Formatted: Font: Bold
Formatted: Normal, Indent: Left: 0.07", Tab stops: Not at 1.07"
Deleted: 050
Lawful Evictions
Formatted: Font: Bold
Deleted: Nothing in this chapter shall be construed as to prevent an owner from lawfully evicting a tenant pursuant to applicable Federal, State, County, or local law.¶
¶
Formatted: Indent: Left: 0.07"

Page 32 of 187 ends

From: Rhovy Lyn Antonio
To: Kain, Brenda
Cc: Huckabay, Sophia
Subject: RE: Request for Input: Concord Residential Tenant Anti-Harassment Ordinance Date: Thursday, February 03, 2022 11:57:07 AM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
Anti-Harassment Ordinance - CAA commentsquestions.msg
Hi Brenda,
I reviewed the document you circulated below and it is identical to the draft presented to the council in December. Given that, I am resubmitting the Track Changes version we submitted for the December meeting since the comments in the document have not been addressed by the city yet.

Attached is the email in its entirety.

If there are any other additional comments, we will communicate them by the HED committee meeting.

Best,
_____
Rhovy Lyn Antonio
▪ Senior Vice President, Local Public Affairs
California Apartment Association
1530 The Alameda, Suite 100, San Jose, CA 95126
[email protected]
▪ (408) 342-3506
CAA is your partner in the rental housing industry.

Find out how we're working for you.

Questions about COVID-19: Visit our Resource Page
CAA Services: Events and Education Insurance Tenant Screening From: Kain, Brenda <[email protected]>
Sent: Friday, January 14, 2022 11:33 AM
Cc: Huckabay, Sophia <[email protected]> Subject: Request for Input: Concord Residential Tenant Anti-Harassment Ordinance Good morning. During its meeting on December 14, 2021, Concord City Council reviewed a draft Residential Tenant Anti-Harassment Protection ordinance, discussed various elements of the ordinance and received significant input from the public. Council then directed staff to engage with stakeholders and return to the Housing and Economic Development Committee (HED) to review a revised version of the ordinance.

In advance of preparing the revised ordinance, staff is interested in receiving specific recommended modifications from stakeholders.

Attached and via this link is an MSWord
version of the Draft Residential Tenant Anti-Harassment Protection ordinance presented to Council on December 14. Please provide your comments in redlined form or as comments with specific suggested changes to the ordinance and email the suggested changes to me by 5:00 PM on Friday, February 4, 2022.

All comments regarding suggested changes will be
provided to the HED in advance of its meeting scheduled for March 7, 2022.

Attachment 5

Page 33 of 187 ends

Staff will review all the specific suggested changes that are received, as well as the public and City Council input from the December 14, 2021, meeting.

Staff will draft a revised ordinance
that considers stakeholder input and attempts to respond to Council’s policy input.

This revised version of the Residential Tenant Anti-Harassment Protection ordinance and the related staff report will be available late February, 2022, and will be e-mailed to stakeholders, the Housing Division interested parties list and posted on the Housing Division website at that time.

The HED (McGallian, Aliano) is scheduled to meet on March 7, 2022, at 5:30 p.m.

As
discussed above, the Committee members will have received all written comments and suggested changes to the ordinance. Any comments received after February 4, 2022, will be provided to HED as correspondence.

The HED meeting will be public and there will be an
opportunity for additional public input during the meeting.

Please feel free to call or e-mail me if you have any questions.

We look forward to your
ongoing participation in developing a Residential Tenant Anti-Harassment Protection ordinance for City Council’s consideration.

Brenda

Brenda Kain
Housing Manager
City of Concord | Website: www.cityofconcord.org

(925) 671-3088| [email protected]
1950 Parkside Drive, MS/10A, Concord, CA 94519
cityofconcord

tw_sq
ins_sq

Page 34 of 187 ends

Page 1 of 31 ends

Staff Report

6.b

Date: December 14, 2021

To: City Council

From: Valerie Barone, City Manager

Reviewed by: Kevin Marstall, Interim Director of Community Development Mindy Gentry, Planning Manager

Prepared by: Brenda Kain, Housing Manager
[email protected]
(925) 671-3088

Subject: Considering introduction of an Ordinance amending the Concord Municipal Code by adding Chapter 19.50 “Residential Tenant Anti-Harassment Protection” by reading of the title only and waiving further reading.

CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c)(2), 15061(b)(3), 15378 and/or Public
Resources Code Section 21065.

Report in Brief
At its meeting on June 1, 2021, the City Council referred a discussion of regulations prohibiting landlord harassment to the Council Committee on Housing & Economic Development (HED) for discussion. The HED Committee met on September 29, 2021 and October 6, 2021 and considered oral and written information, testimony, and comments received from staff, stakeholders, and the public. The Committee directed staff to prepare an ordinance for the full City Council’s consideration.

The proposed Ordinance would amend the Concord Municipal Code by adding a new chapter titled Residential Tenant Anti-Harassment Protection. The purpose of the Chapter would be to deter harassing behavior by residential real property owners, to encourage such owners to follow the law and uphold their responsibility to provide habitable rental properties, and to provide the option for tenants to pursue legal recourse when they are subjected to harassment by owners.

Page 35 of 187 ends

Page 2 of 31 ends

Page 36 of 187 ends

City Council Agenda Staff Report
Agenda Item No. 6.b
December 14, 2021

Page 3 of 31 ends

Recommended Action
Consider introduction of an Ordinance amending the Concord Municipal Code by adding Chapter 19.50 “Residential Tenant Anti-Harassment Protection” (Attachment 1) by reading of title only and waiving further reading.

Background
During the June 1, 2021 City Council meeting, Vice Mayor Aliano requested support from the Council to pursue an anti-tenant harassment ordinance for the City of Concord. The consensus was that first Council needed to learn more about this type of an ordinance and to better understand what was being requested of the City Council.

The City Council referred this research to the HED Committee (Birsan/McGallian).

The HED met on September 29, 2021. The HED staff report ( Attachment 2) presented background on State and Federal tenant protections related to landlord harassment and information on California cities that have enacted local anti-landlord harassment ordinances. Representatives from both tenant advocate and property owner groups were invited to make presentations on a local anti-harassment ordinance. Leah Simon- Weisberg, Legal Director, Alliance of Californians for Community Empowerment, presented on behalf of tenant advocates. Rhovy Lyn Antonio and Whitney Prout, representatives of the California Apartment Association, made a presentation on behalf of property owners.

The HED expressed interest in the City of Long Beach ordinance as a potential model for a City of Concord ordinance and scheduled a follow-up meeting on October 6, 2021, for further review. During the October 6 meeting, the HED members provided input on the components of the City of Long Beach ordinance and directed staff to work with the City Attorney’s office on the development of an ordinance for consideration by the full City Council.

Analysis
The key provisions of the Ordinance are as follows:

1. The Ordinance provides an objective standard defining harassment:
“Harassment” shall have the same meaning as that term is defined in Code of Civil Procedure Section 527.6(b)(2), which, for convenience, reads as follows:
“Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.

2. The ordinance defines the most common forms of prohibited behaviors in a manner that is consistent with federal and state protections and is easy for landlords and

Page 37 of 187 ends

City Council Agenda Staff Report
Agenda Item No. 6.b
December 14, 2021

Page 4 of 31 ends

tenants to understand. The following summarizes these prohibited landlord behaviors:
a. Quiet Enjoyment. Willfully violate or threaten to violate the covenant of quiet enjoyment provided under Civil Code Section 1927. or terminate or fail to provide housing services required by a rental agreement absent a local health or safety emergency, or effecting necessary or desirable maintenance, repairs, or renovations and diligently pursuing such to completion
b. Habitability. Fail to timely perform repairs and maintenance required by a rental agreement or by applicable Federal, State, County or local housing, health or safety laws; fail to exercise due diligence in completing such repairs once undertaken; fail to timely comply with any notice and order to correct violation issued by the City pursuant to the Concord Municipal Code c. Access. Abuse the right of access into a rental housing unit as established by California Civil Code Section 1954 or other applicable law. d. Forced Vacation. Influence or attempt to influence a tenant to vacate residential real property through fraud, misrepresentation, intimidation or coercion, including, without limitation, threaten to report a tenant to the United States Department of Homeland Security.
e. General Harassment. Subject a tenant to harassing behavior, whether oral, written, physical, or visual.
f. Discrimination. Discriminate against a tenant: based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in violation of the California Fair Employment and Housing Act; based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status in violation of the Unruh Civil Rights Act, the Fair Housing Act or otherwise in violation of applicable State or Federal law.
g. Misrepresentation. Knowingly provide materially false written or verbal information regarding applicable Federal, State, County or local tenant protections, including deliberate mischaracterization of the nature or effect of a notice to quit or other eviction notice.
h. Rent Payments. Refuse to acknowledge or accept receipt of a tenant's lawful rent payment as set forth in a rental agreement, by usual practice of the parties, in a notice to pay rent or quit, or otherwise in violation of Civil Code Section 1499; refuse to cash or process a full payment rent check or other form of acceptable full rent payment for over thirty (30) days after it is tendered; or fail to maintain a current address for delivery of rent payments.

Page 38 of 187 ends

City Council Agenda Staff Report
Agenda Item No. 6.b
December 14, 2021

Page 5 of 31 ends

i. Privacy. Violate a tenant's right to privacy, including without limitation, requesting information regarding residence or citizenship status, protected class status, or Social Security number (except for, in the case of Social Security number, for purposes of obtaining information for the qualifications for a tenancy); release such information except as required or authorized by law or in violation of applicable State and/or Federal law; request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation.
j. Tenant Unions. Interfere with the right of tenants to organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection; or prevent tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement(s), except to the extent allowed by law. Due to private property rights, and the risk of City exposure to liability for inverse condemnation, the .ordinance does not require that any owner allow tenant organizers, advocates, or representatives working with or on behalf of tenants living at the residential real property access to such residential real property.

3. The ordinance includes a remedies and penalties section if an owner violates the terms of this chapter and an aggrieved tenant may institute a civil action. However, the City retains the ability to enforce the ordinance. Components of this section of the ordinance include:
a. An aggrieved tenant may institute a civil action for injunctive relief, direct money damages, and any other relief that the court deems appropriate, which such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved tenant is older than sixty-five (65) or disabled, the court may award an additional civil penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court.
b. The court may award reasonable attorneys' fees and costs to a tenant who prevails in any such action. The court may award reasonable attorneys' fees and costs to an owner who prevails in any such action if the court determines that the tenant's action was frivolous.
c. The chapter grants a defense to eviction to any unlawful detainer actions in violation of this chapter.
d. The remedies available under this Section are in addition to any other existing remedies which may be available to the residential tenant under applicable Federal, State, County, or local law.

Alternatives
The City Council has the alternatives to introducing the proposed ordinance as drafted on December 14, including:

Page 39 of 187 ends

City Council Agenda Staff Report
Agenda Item No. 6.b
December 14, 2021

Page 6 of 31 ends

1. If after hearing public comment and debating the details of the draft ordinance, the Council wants modifications to the draft ordinance, the Council should refer it back to staff for additional work and to be brought back to the full Council.

Council should be clear on what changes are desired by a majority of the Council as they give direction to staff.

2. If after public comment and Council debate, the majority of Council do not desire to introduce the ordinance, Council can choose to take no action.

Financial Impact
There is no financial impact to the City of Concord from tonight’s action. Enforcement of the Ordinance would primarily be through private action.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”) acceptance and appropriation of this funding does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c) or 15378, because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Even if the adoption of this Ordinance did constitute a project under CEQA, it falls within the “common sense” exemption set for in 14 Cal. Code Regs. Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment...” Therefore, the proposed Municipal Code amendments do not warrant further environmental review.

Public Contact
Notice of this meeting has been posted. Notice was sent by e-mail to 363 individuals and agencies on the housing interested parties list on November 22, 2021.

Attachments

1. Draft Ordinance Amending the Concord Municipal Code by adding Chapter 19.50 “Residential Tenant Anti-Harassment Protection”
Exhibit A: Chapter 19.50 Residential Tenant Anti-Harassment Protection

2. Housing & Economic Development Committee (HED) Staff Report - September 29, 2021

Page 40 of 187 ends

1 Ord. No. 21-XX

Attachment 1

ORDINANCE NO. 21-XX

AN ORDINANCE AMENDING THE CONCORD MUNICIPAL CODE BY ADDING CHAPTER 19.50 “RESIDENTIAL TENANT ANTI-HARASSMENT PROTECTION”

WHEREAS, City of Concord renters comprise 40 percent of the City’s population and are an essential part of the community fabric; and
WHEREAS, such renter households include thousands of low- and very low-income households, including seniors, young children, and persons with special needs; and WHEREAS, the City is committed to remaining a diverse and inclusive community; and WHEREAS, in response to community concerns regarding the potential for landlord harassment of residential tenants, the City Council referred the topic an anti-harassment ordinance to the Council Committee on Housing & Economic Development (HED Committee) for discussion; and WHEREAS, the HED Committee held meetings on September 29, 2021 and October 6, 2021 to address the topic and where the public, tenant advocates, and landlord representatives provided input on the scope and content of a potential anti-harassment ordinance, and the HED Committee instructed staff to draft certain residential tenant anti-harassment protections based on the outcome of the HED Committee meeting, for City Council consideration; and WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on December 14, 2021, on this ordinance including the proposed Residential Tenant Anti-Harassment Protection provisions as set forth in Exhibit A attached hereto and incorporated by reference (“Ordinance”), and declared their intent to approve and adopt the Ordinance and codify it as Concord Municipal Code Chapter 19.50; and WHEREAS, at such public hearing, the City Council considered all oral and written information, testimony, and comments received during the public review process, including oral and written staff reports, materials, documents, exhibits, testimony, and community presentations received at the September 29, 2021, and October 6, 2021, Special Meetings of the Housing and Economic Development Committee, and at the December 14, 2021 City Council public hearing, that constitutes the record of proceedings upon which the City Council has based its action (collectively, “Ordinance Information”).

Page 6 of 31 ends

Page 41 of 187 ends

2 Ord. No. 22-XX

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 4. CEQA. Adoption of this Ordinance is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because the adoption of the Ordinance does not constitute a “project,” and will not result in a direct or reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines Sections 15060(c), 15378 and Public Resources Code Section 21065. In addition, the proposed Ordinance is categorically exempt pursuant to Section 15061(b)(3), the common sense exception of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 5. Municipal Code Amendment. The City Council hereby approves and adopts the amendment to the Municipal Code, specifically the addition of Chapter 19.50 “Residential Tenant Anti-Harassment Protection” as set forth in Exhibit A.

Page 7 of 31 ends

Page 42 of 187 ends

Page 8 of 31 ends

or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 7. Publication and Effective Date. This Ordinance shall become effective thirty (30) days following passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

ATTEST:

Dominic Aliano
Mayor

Joelle Fockler, MMC
City Clerk

(Seal)

Ordinance No. 22-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on December 14, 2021 and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on , 2022 by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -

Page 43 of 187 ends

Page 8 of 31 ends

ABSENT: Councilmembers -

Page 44 of 187 ends

Page 9 of 31 ends

I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk

Attachment: Exhibit A – Chapter 19.50 Residential Tenant Anti-Harassment Protection

Page 45 of 187 ends

Exhibit A to Attachment 1

Page 10 of 31 ends

Chapter 19.50
Residential Tenant Anti-Harassment Protection

Sections

19.50.010 Purpose; Definitions; Citation

19.50.020 Prohibition of Residential Tenant Harassment.

19.50.030 Landlord Retaliation Prohibited.

19.50.040 Remedies and Penalties.

19.50.050 Lawful Evictions.

19.50.060 Severability.

(b) Definitions. For the purposes of this chapter, the following definitions shall apply:

(1) “Harassment” shall have the same meaning as that term is defined in Code of Civil Procedure Section 527.6(b)(2), which, for convenience, reads as follows: “Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. The words “harass,” “harassing,” and variations thereof shall have the same meaning as “harassment.”

(2) “Owner” or “landlord” shall mean any person, acting as principal or through an agent, having the right to offer residential real property for rent.

(3) “Rental agreement" shall mean an oral or written lease, sublease, or similar agreement between an owner and a tenant for the lawful occupation of residential real property.

(4) “Residential real property” shall have the same meaning as that term is defined in Civil Code Section 1954.51, which, for convenience, defines residential real property as follows:
“includes any dwelling or unit that is intended for human habitation.”

(5) “Tenant" shall mean any renter, tenant, subtenant, lessee, or sublessee who lawfully occupies residential real property.

(6) “Tenancy” shall have the same meaning as that term is defined in Civil Code Section 1954.51, which, for convenience, defines tenancy as follows: “includes the lawful occupation of residential real property and includes a lease or sublease.”

(c) Citation. This chapter may be referred to as the “Residential Tenant Anti-Harassment Protection Ordinance” of the City of Concord.

19.50.020 Prohibition of Residential Tenant Harassment.

No owner acting in bad faith shall engage in any of the following acts or omissions:

Commented [RLA1]: Please add the term “lawfully
occupies” to clarify that renters authorized to occupy in the unit.

Deleted: of

Page 46 of 187 ends

Exhibit A to Attachment 1

Page 11 of 31 ends

(a) Quiet Enjoyment. Willfully violate or threaten to violate the covenant of quiet enjoyment provided under Civil Code Section 1927 including, without limitation, conduct elective renovation or construction of a rental housing unit for the purpose of harassing a tenant; with intent to terminate a tenancy willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, or otherwise willfully violate or threaten to violate Civil Code Section 789.3; or terminate or fail to provide housing services required by a rental agreement absent a local health or safety emergency, or effecting necessary or desirable maintenance, repairs, or renovations and diligently pursuing such to completion. Notwithstanding the foregoing, reasonably limiting hours of or imposing conditions on access to certain housing services shall not constitute a violation of this section.

(b) Habitability. Fail to timely perform repairs and maintenance required by a rental agreement or by applicable Federal, State, County or local housing, health or safety laws; fail to exercise due diligence in completing such repairs once undertaken; fail to timely comply with any notice and order to correct violation issued by the City pursuant to the Concord Municipal Code including without limitation Chapter

8.10 (Sanitation), Chapter 8.25 (Neighborhood Preservation), and (Chapter 15.40 (Multi-family Rental Dwelling Units); violate the warranty of habitability provided under Civil Code Sections 1941 and 1941.1; or violate the habitability standards and Health and Safety Code Sections 17920.3 and 17920.10.

(c) Access. Abuse the right of access into a rental housing unit as established by California Civil Code Section 1954 or other applicable law. Such abuse includes, without limitation, entries for inspections that are not allowed by state law or are unrelated to necessary repairs or services; entries or demands for entry at times outside normal business hours except as requested by the tenant or otherwise permitted by California Civil Code Section 1954; entries contrary to a tenant's reasonable request to change the date or time of entry, provided, however the tenant shall make such request 72 hours in advance if the owner has hired a third-party to perform necessary repairs or services, or to show the rental housing unit to a prospective or actual purchaser (if the landlord has notified the tenant in writing within 120 days of the oral notice that the property is for sale and the tenant was informed they may be contacted to allow for an inspection); photograph or otherwise recording portions of residential real property that are beyond the scope of a lawful entry or inspection; or misrepresent the reasons for accessing residential real property.

(d) Forced Vacation. Influence or attempt to influence a tenant to vacate residential real property through fraud, misrepresentation, intimidation or coercion, including, without limitation, threaten to report a tenant to the United States Department of Homeland Security, or otherwise violate Civil Code Sections 1940.2 or 1940.35.

(e) General Harassment. Subject a tenant to harassing behavior, whether oral, written, physical, or visual.

(f) Discrimination. Discriminate against a tenant: based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in violation of the California Fair Employment and Housing Act (FEHA, Government Code Sections 12900 et seq.); based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status in violation of the Unruh Civil Rights Act (Civil Code Section 51, et seq.); in violation of the Fair Housing Act (FHA, 42 U.S.C. 3601 et seq.); or otherwise in violation of applicable State or Federal law.

(g) Misrepresentation. Knowingly provide materially false written or verbal information regarding applicable Federal, State, County or local tenant protections, including deliberate mischaracterization of Commented [RLA2]: The inclusion of this clause is
concerning because there are allowed reasons for
entry and inspections unrelated to repairs. E.g.,
conducting the pre-move out walk-through provided for
in the security deposit law (Civ. Code 1950.5). CAA
recommends revising this clause so that it reads as
follows:

“Such abuse includes, without limitation, entries that
are not allowed by state law;”

The suggested language would serve the purpose
intended, while avoiding unintentionally limiting the
landlord’s right of entry under state law.

Commented [RLA3]: This provision is a bit concerning
for a couple of reasons.

First, it may not always be possible to re-schedule an
entry – even if the tenant has notified you ahead of
time. Ex: The City inspector is coming on a specific
date and will be entering several units. It’s not feasible to reschedule for just one unit (at least, not without
incurring additional cost). Similar facts would apply to something like pest control treatments.

Can this provision be limited so that a tenant can only request a reschedule once? It can be inefficient to
request repeated scheduling changes.

Second, the latter part of the clause seems to
misunderstand Civil Code 1954’s provisions related to
showing the unit to prospective purchasers. The
landlord is only required to have given notice within the previous 120 days that the property is for sale in order to avoid the requirement to provide a WRITTEN notice
of entry (instead, they can give an oral notice). The
landlord can still exhibit the property to purchasers
without giving the 120-day notice, but it will have to be writing.

Commented [RLA4]: Gov. Code 12993 preempts local
governments from enacting fair housing laws that cover
the same grounds as state law.

Page 47 of 187 ends

Exhibit A to Attachment 1

Page 12 of 31 ends

the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, violating Civil Code Section 1632, which requires certain rental agreements to be translated; or demanding that a tenant enter into a rent repayment plan to take advantage of tenant protection laws that do not require such plans.

(h) Rent Payments. Refuse to acknowledge or accept receipt of a tenant's lawful rent payment as set forth in a rental agreement, by usual practice of the parties, in a notice to pay rent or quit, or otherwise in violation of Civil Code Section 1499; refuse to cash or process a full payment rent check or other form of acceptable full rent payment for over thirty (30) days after it is tendered; or fail to maintain a current address for delivery of rent payments. The foregoing does not apply to payments from third parties except as required under Civil Code Section 1947.3, partial rent payments or when accepting payment would waive or could be construed to waive a breach of the rental agreement or invalidate a three-day notice to pay or quit.

(i) Privacy. Violate a tenant's right to privacy, including without limitation, requesting information regarding residence or citizenship status, protected class status, or Social Security number (except for, in the case of Social Security number, for purposes of obtaining information for the qualifications for a tenancy); release such information except as required or authorized by law or in violation of applicable State and/or Federal law; request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation beyond (i) reliable disability information necessary to verify that the tenant’s condition meets the definition of a disability under FEHA or the Americans with Disabilities Act (ADA, 42 U.S.C. 12101 et seq.) or a handicap under the FHA, (ii) a description of the necessary accommodation, and (iii) a description of the relationship between the disability/handicap and the need for the requested accommodation.

(j) Tenant Unions. Interfere with the right of tenants to organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection; or prevent tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement(s), except to the extent allowed by law. Nothing in this section is intended to require that any owner allow tenant organizers, advocates, or representatives working with or on behalf of tenants living at the residential real property access to such residential real property.

19.50.030 Landlord Retaliation Prohibited.

Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising their legal rights. No landlord may take any action increasing any rental amount, reducing any service, causing the tenant to involuntarily quit the premises, or discriminating against the tenant because of the tenant’s use of any remedy provided by this chapter. The tenant shall bear the burden of producing evidence that the landlord’s conduct was, in fact, retaliatory.

19.50.040 Remedies and Penalties.
(a) If an owner violates the terms of this Chapter, an aggrieved tenant may institute a civil action for injunctive relief, direct money damages, and any other relief that the court deems appropriate, which such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved tenant is older than sixty-five (65) or disabled, the court may award an additional civil penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court.

(b) The court may award reasonable attorneys' fees and costs to a tenant who prevails in any such action.

The court may award reasonable attorneys' fees and costs to an owner who prevails in any such action if the court determines that the tenant's action was frivolous.

Commented [RLA5]: Could the city please clarify what
this means? Does asking a tenant to enter into a
repayment plan constitute “a demand”. What does it
mean to “take advantage” of tenant protection laws.

This sentence should be removed if the actions are not
defined.

Commented [RLA6]: CAA requests for this portion to
be removed or amended, as there are valid reasons to
reject a rent payment. Some of these circumstances
are covered by the second sentence, but there are
other cases where it’s acceptable to refuse a rent
payment. For example, when the form of payment is
one not allowed under the rental agreement or when
the payment would cover a period time after the
tenancy is to terminate (e.g., if the tenant has provided a 30-day notice of intent to vacate but then pays rent
for a period past that time, or same thing but when the landlord has served a no-fault eviction notice.

Accepting rent in an amount in excess of the pro-rated
amount due for the remaining period of the tenancy
would waive the notice of termination)

If this is limited to rent payments that have been
accepted by the landlord, that would be ok:

Please consider the following language:

“refuse to cash or process a full payment rent check or other form of acceptable full rent payment, as provided in the rental agreement, for over thirty (30) days after it is tendered and accepted by the landlord”

Commented [RLA7]: Tenant’s right to privacy is
something that’s clearly defined in the law (though the CA constitution does include a right to privacy).

Can the city amend and use the language below?

“Violate a tenant's right to privacy, including without limitation, by doing any of the following: requesting
information regarding…” ...

Commented [RLA8]: This exception is too narrow. The
city should track the exception in state law (Civ. Code 1940.3), which includes the following carve out:

“(c) This section does not prohibit a landlord from doing any of the following:
(1) Complying with any legal obligation under federal ...

Commented [RLA9]: This is already covered by state
fair housing law and thus local regulation is preempted (see note above re preemption of local fair housing
regulation).

Commented [RLA10]: Please add the following
sentence, which tracks state law (Civ. Code 1942.5).

Formatted: Highlight
Commented [RLA11]: CAA requests that this
subsection be removed. This is overbroad as it doesn’t
require any nexus between the reason for eviction and
the alleged harassment. It will essentially allow the
tenant to turn an unlawful detainer case into a forum to litigate any issue they have with the landlord to avoid what may be a legitimate eviction. State law already ...

Page 48 of 187 ends

Exhibit A to Attachment 1

Page 13 of 31 ends

(d) The remedies available under this Section shall be in addition to any other existing remedies which may be available to the residential tenant under applicable Federal, State, County, or local law.

19.50.050 Lawful Evictions.

Nothing in this chapter shall be construed as to prevent an owner from lawfully evicting a tenant pursuant to applicable Federal, State, County, or local law.

19.50.060 Severability.

Page 49 of 187 ends

Page 14 of 31 ends

Staff Report
Attachment 2

Date: September 29, 2021

To: Council Committee on Housing & Economic Development

From: Valerie Barone, City Manager

Reviewed by: Kevin Marstall, Interim Director of Community Development Mindy Gentry, Planning Manager

Br
[email protected]
(925) 671-3088

Subject: Consideration of Federal, State, and local regulations prohibiting landlord harassment of tenants and discuss what the Housing & Economic Development Committee desires to report back to the full City Council.

Report in Brief
At the meeting on June 1, 2021, the City Council referred a discussion of regulations prohibiting landlord harassment to the Council Committee on Housing & Economic Development (HED) for discussion.

Recommended Action
Consideration of Federal, State, and local regulations prohibiting landlord harassment of tenants and discuss what the Housing & Economic Development Committee desires to report back to the full council.

Background
During the June 1, 2021 City Council meeting, Vice Mayor Aliano requested support from the Council to pursue an anti-tenant harassment ordinance for the City of Concord. The consensus was that first Council needed to learn more about what such an ordinance is and to better understand what was being requested of the City Council.

The City Council referred this research to the HED Committee.

Representatives from both tenant advocate and property owner groups have been invited to each make a ten-minute presentation to share their thoughts on a local anti- harassment ordinance. Leah Simon-Weisberg, Legal Director, Alliance of Californians

Page 50 of 187 ends

Page 15 of 31 ends

Page 51 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
2

Page 15 of 31 ends

for Community Empowerment, will make the presentation on behalf of tenant advocates. A representative of the California Apartment Association is expected to make a presentation on behalf of property owners.

The City of Concord contracts with ECHO Housing (“ECHO”), a HUD approved housing counseling agency, to provide Fair Housing services to tenants to promote equal access to housing opportunities. The City also contracts with ECHO to provide Tenant/Landlord Counseling Services, as well as Tenant Legal Services through a contract with a consulting attorney. ECHO has entered into a Memorandum of Understanding with Centro Legal de la Raza to provide additional support to tenants at risk of eviction or experiencing housing discrimination or harassment.

On July 28, 2020, the City Council adopted the Residential Tenant Protection Program.

This program expands upon State legislation and requires that landlords pay relocation assistance to tenants for no-fault just cause evictions and that they offer tenants 12- month minimum lease terms. Additionally, the City went live with a Rent Registry Program this year; the first report from this effort will be published on the City’s website and made available to the public in November, 2021.

Analysis
Tenant harassment is defined as when a landlord, or a property manager, uses methods to influence a tenant that are all, one, or some of the following: persistent, aggressive, fraudulent, coercive, or intimidating.. Both federal and State laws provide tenants protections from harassment by landlords.

Federal Protections

Federal regulations pertaining to tenant protections are codified in the Fair Housing Act1.

The Fair Housing Act2
The Fair Housing Act (“Act”) protects people from discrimination when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.

Who Is Protected?
The Act prohibits discrimination in housing because of:
• Race
• Color

1 Source: https://www.justice.gov/crt/fair-housing-act-2 2 Source: https://www.hud.gov/program_offices/fair_housing_equal_opp/fair_housing_act_overview

Page 52 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
3

Page 16 of 31 ends

• National Origin
• Religion
• Sex
• Familial Status
• Disability

What Types of Housing Are Covered?
The Act covers most housing. In very limited circumstances, the Act exempts owner- occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.

What Is Prohibited?
In the sale and rental of housing, it is illegal discrimination to take any of the following actions because of race, color, religion, sex, disability, familial status, or national origin:
• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Otherwise make housing unavailable
• Set different terms, conditions or privileges for sale or rental of a dwelling • Provide a person different housing services or facilities • Falsely deny that housing is available for inspection, sale or rental • Make, print or publish any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination

• Impose different sales prices or rental charges for the sale or rental of a dwelling • Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements • Evict a tenant or a tenant’s guest
• Harass a person
• Fail or delay performance of maintenance or repairs
• Limit privileges, services or facilities of a dwelling • Discourage the purchase or rental of a dwelling
• Assign a person to a particular building or neighborhood or section of a building or neighborhood

Page 53 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
4

Page 16 of 31 ends

• For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood (blockbusting)

• Refuse to provide or discriminate in the terms or conditions of homeowners insurance because of the race, color, religion, sex, disability, familial status, or national origin of the owner and/or occupants of a dwelling • Deny access to or membership in any multiple listing service or real estate brokers’ organization

Harassment
The Act makes it illegal to harass persons because of race, color, religion, sex, disability, familial status, or national origin. Among other things, this forbids sexual harassment.

Other Prohibitions
In addition, it is illegal discrimination to:
• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise the right
• Retaliate against a person who has filed a fair housing complaint or assisted in a fair housing investigation

Additional Protections for Persons with Disabilities
Housing providers must make reasonable accommodations and allow reasonable modifications that may be necessary to allow persons with disabilities to enjoy their housing.

Enforcement of Federal Protections
The U.S. Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity (FHEO) enforces fair housing laws on behalf of the federal government. The FHEO’s mission is to eliminate housing discrimination, promote economic opportunity, and achieve diverse, inclusive communities by leading the nation in the enforcement, administration, development, and public understanding of federal fair housing policies and laws.

Complaints regarding violation of federal fair housing statutes may be filed with the FHEO. The process for filing a complaint3 regarding tenant harassment is described on the FHEO website4.

3 Source: https://www.hud.gov/program_offices/fair_housing_equal_opp/complaint-process 4 Source: https://www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint

Page 54 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
5

Page 18 of 31 ends

Additionally tenants may file a private civil lawsuit, even if the tenant has already filed a complaint with HUD.

A landlord may also be charged with a federal crime if suspected of committing a violation of the United States criminal code in the treatment of a tenant. If the investigation shows that the law has been violated, HUD or the Department of Justice may take legal action to enforce the law and the government may bring a Fair Housing Act or other civil rights case based on the findings of a HUD investigation.

State of California Protections
State of California regulations pertaining to tenant protections are codified in the Fair Employment and Housing Act5 and the Uhruh Civil Rights Act.

Who is Protected?6
California law protects individuals from illegal discrimination by housing providers based on the following:
• Race, color
• Ancestry, national origin
• Citizenship, immigration status*
• Primary language*
• Age*
• Religion
• Disability, mental or physical
• Sex, gender
• Sexual orientation
• Gender identity, gender expression
• Genetic information
• Marital status
• Familial status
• Source of income
• Military or veteran status

5Source:https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?lawCode=GOV&division=3.& title=2.&part=2.8.&chapter=9.&article=&goUp=Y
6 Source: State of California Department of Fair Housing and Employment website.

Page 55 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
6

Page 19 of 31 ends

What type of behavior/action by landlords is prohibited? California’s Fair Employment and Housing Act prohibits those engaged in the housing business – landlords, real estate agents, home sellers, builders, mortgage lenders, among others – from discriminating against tenants or homeowners.

Page 56 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
7

Page 19 of 31 ends

Violations of the anti-discrimination law include the following:
• Refusal to sell, rent, or lease rooms, apartments, condos or houses to protected individuals
• Refusal to negotiate for the sale, rental, or lease of housing • Representation that a housing accommodation is not available for inspection, sale, or rental when it is in fact available
• Denial of a home loan or homeowner’s insurance
• Cancellation or termination of a sale or rental agreement • Policies, practices, terms, or conditions that result in unequal access to housing or housing-related services
• Offering inferior terms, conditions, privileges, facilities or services in connection with the housing accommodation
• Sexual harassment involving unwanted sexual advances or requiring sexual favors for housing rights or privileges
• Refusal to permit, at a disabled tenant’s expense, reasonable modifications when necessary to accommodate a disability
• Refusal to make reasonable accommodations in housing rules, policies, practices, or services where necessary to afford a disabled person equal opportunity to use and enjoy a dwelling
• Retaliation against someone filing a complaint
• Overly restrictive rules limiting the activities of daily life for families with children, including where children are allowed to play

Further, California Civil Code Section 1940.27 also prohibits harassment of tenants by landlords.

It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:
• Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code (Larceny).
• Engage in conduct that violates Section 518 of the Penal Code (Extortion). • Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant’s quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm

7 Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1940.2.

Page 57 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
8

Page 19 of 31 ends

in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief.
• Commit a significant and intentional violation of Section 1954 (Hiring of Real Property).
• Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief. • A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.

Additionally, State of California Government Code 12955 makes it unlawful:
(a) For the owner of any housing accommodation to discriminate against or harass any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information of that person.
(b) For the owner of any housing accommodation to make or to cause to be made any written or oral inquiry concerning the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, disability, veteran or military status, or genetic information of any person seeking to purchase, rent, or lease any housing accommodation.
(c) For any person to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a housing accommodation that indicates any preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information or an intention to make that preference, limitation, or discrimination.
(d) For any person subject to the provisions of Section 51 of the Civil Code, as that section applies to housing accommodations, to discriminate against any person on the basis of sex, gender, gender identity, gender expression, sexual orientation, color, race, religion, ancestry, national origin, familial status, marital status, disability, genetic information, source of income, veteran or military status, or on any other basis prohibited by that section. Selection preferences based on age, imposed in connection with a federally approved housing program, do not constitute age discrimination in housing.

Page 58 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
9

Page 19 of 31 ends

(e) For any person, bank, mortgage company, or other financial institution that provides financial assistance for the purchase, organization, or construction of any housing accommodation to discriminate against any person or group of persons because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the terms, conditions, or privileges relating to the obtaining or use of that financial assistance. (f) For any owner of housing accommodations to harass, evict, or otherwise discriminate against any person in the sale or rental of housing accommodations when the owner’s dominant purpose is retaliation against a person who has opposed practices unlawful under this section, informed law enforcement agencies of practices believed unlawful under this section, has testified or assisted in any proceeding under this part, or has aided or encouraged a person to exercise or enjoy the rights secured by this part.

Nothing herein is intended to cause or permit the delay of an unlawful detainer action. (g) For any person to aid, abet, incite, compel, or coerce the doing of any of the acts or practices declared unlawful in this section, or to attempt to do so. (h) For any person, for profit, to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, source of income, familial status, veteran or military status, or national origin.
(i) For any person or other organization or entity whose business involves real estate- related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, source of income, familial status, disability, veteran or military status, or genetic information.
(j) To deny a person access to, or membership or participation in, a multiple listing service, real estate brokerage organization, or other service because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, disability, genetic information, familial status, source of income, veteran or military status, or national origin.
(k) To otherwise make unavailable or deny a dwelling based on discrimination because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.
(l) To discriminate through public or private land use practices, decisions, and authorizations because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic

Page 59 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
10

Page 23 of 31 ends

information, national origin, source of income, veteran or military status, or ancestry.

Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits, and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.

Enforcement of State of California Protections
Tenants should contact the Department of Fair Employment and Housing (DFEH),8 the entity responsible for enforcing state fair housing laws, when violations occur. The process for filing a housing discrimination complaint is described on the DFEH website.

The tenant may also sue the landlord in small claims court or California Superior Court.

The State of California Department of Real Estate published California Tenants – A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities9 in September 2020. This provides detailed information regarding the rights and responsibilities of the tenant and landlord in the State of California.

Local Laws Designed to Prevent Tenant Harassment by Landlords Some California cities have enacted local laws that provide protections for tenants from landlord harassment. Attachment 1 provides a summary of elements from local ordinances in the cities of San Francisco, Oakland, Berkeley, Long Beach and Emeryville.

As with federal and State law, these local laws allow for a civil action as an enforcement tool, including prohibitions of landlord behavior that are comparable to state and federal protections and may include additional punitive damages. They do not preclude tenants from pursuing legal action related to state and federal protections.

Support for Concord Tenants
Tenants in Concord currently have the ability to enforce their rights under Federal and State law, and the City has contracted with ECHO to provide tenants with educational and legal assistance.

Financial Impact
There is no financial impact to tonight’s action.

Public Contact
Notice of this meeting has been posted. Notice was sent by e-mail to 363 individuals and agencies on the housing interested parties list on August 9, 2021, and on September 20, 2021.

8 Source: https://www.dfeh.ca.gov/housing/
9 Source: https://landlordtenant.dre.ca.gov/resources/guidebook/index.html

Page 60 of 187 ends

HED Staff Report
Agenda Item No. 2.a
September 29, 2021
11

Page 24 of 31 ends

Attachments

1. Summary of California Local Ordinances

2. Correspondence

Page 61 of 187 ends

Page 25 of 31 ends

Attachment 1

The following is a summary of various local ordinances that address tenant harassment:

What are the anti-harassment laws in the City of San Francisco? The San Francisco Rent Ordinance1 (S.F. Cal., Rent Ordinance § 37.10B) prohibits landlords from doing the following:

• Interrupt, terminate, or fail to provide housing services required by contract or by state, county or local housing, health or safety laws; Fail to perform repairs and maintenance required by contract or by state, county or local housing, health or safety laws;
• Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
• Abuse the landlord’s right of access into a rental housing unit as that right is provided by law;
• Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion;
• Attempt to coerce the tenant to vacate with offer(s) of payments to vacate that are accompanied with threats or intimidation;
• Threaten the tenant, by word or gesture, with physical harm; • Violate any law that prohibits discrimination based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child; • Interfere with a tenant’s right to quiet use and enjoyment of a rental housing unit as that right is defined by California law;
• Refuse to accept or acknowledge receipt of a tenant’s lawful rent payment; • Refuse to cash a rent check for over 30 days;
• Interfere with a tenant’s right to privacy;
• Request information that violates a tenant’s right to privacy, including but not limited to residence or citizenship status or social security number; • Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy.

1 Source: https://sfrb.org/rent-ordinance

Page 62 of 187 ends

2 Page 26 of 31

Tenants who are harassed by their landlord can file a civil lawsuit against their landlord for damages and for an injunction to stop the behavior. Where the tenant can prove harassment, the landlord will be assessed a statutory penalty of $1,000.00 for each instance of harassment and may be subject to criminal penalties. The tenant can also seek an award of three times (treble damages) their emotional distress and out-of- pocket damages. Punitive damages and attorney fees are provided for under the ordinance.

What are the harassment laws in the City of Oakland?
Under Oakland’s Tenant Protection Ordinance2 (Oakland, Cal., Mun. Code § 8.22.600) landlords shall not do the following:

1. Interrupt, terminate, or fail to provide housing services required by contract or by State, County or municipal housing, health or safety laws, or threaten to do so;

2. Fail to perform repairs and maintenance required by contract or by State, County or municipal housing, health or safety laws, or threaten to do so;

3. Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts;

4. Abuse the owner’s right of access into a rental housing unit as that right is provided by law;

5. Remove from the rental unit personal property, furnishings, or any other items without the prior written consent of the tenant;

6. Influence or attempt to influence a tenant to vacate a rental unit through fraud, intimidation or coercion, which shall include threatening to report a tenant to U.S.

Immigration and Customs Enforcement, though that prohibition shall not be construed as preventing communication with U.S. Immigration and Customs Enforcement regarding an alleged violation;

7. Offer payments to a tenant to vacate more than once in six (6) months, after the Tenant has notified the owner in writing the tenant does not desire to receive further offers of payments to vacate;

8. Attempt to coerce a tenant to vacate with offer(s) of payments to vacate that are accompanied with threats or intimidation. This shall not include settlement offers made in good faith and not accompanied with threats or intimidation in pending eviction actions;

9. Threaten the tenant, by word or gesture, with physical harm;

10. Substantially and directly interfere with a tenant’s right to quiet use and enjoyment of a rental housing unit as that right is defined by California law;

11. Refuse to accept or acknowledge receipt of a tenant’s lawful rent payment, except as such refusal may be permitted by state law after a notice to quit has

2 Source: https://www.tobenerlaw.com/oakland-rent-control/?nowprocket=1

Page 63 of 187 ends

3 Page 27 of 31

been served on the Tenant and the time period for performance pursuant to the notice has expired;

12. Refuse to cash a rent check for over thirty (30) days unless a written receipt for payment has been provided to the tenant;

13. Interfere with a tenant’s right to privacy;

14. Request information that violates a tenant’s right to privacy, including but not limited to residence or citizenship status or social security number, except as required by law or, in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy, or not release such information except as required or authorized by law;

15. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy;

16. Removing a housing service for the purpose of causing the tenant to vacate the Rental Unit. For example, taking away a parking space knowing that a Tenant cannot find alternative parking and must move. Oakland, Cal., Mun. Code §

8.22.640.

Oakland’s TPO also prohibits retaliation by the landlord against the tenant for exercising their rights under the law and allows tenants to bring retaliation claims against the landlord in civil court.

Under the Oakland TPO, tenants must first comply with a notice requirement before they can pursue a civil remedy in court against their landlord if the tenant alleges a violation of 1, 2, 3, 10, 11, 12, or 13 listed above. Oakland, Cal., Mun. Code § 8.22.650.

Tenants alleging a violation of those subsections must notify the property owner or their agent of the problem prior to filing a lawsuit. Id. And, in the case of 1, 2, 3, 11, or 12 listed above, the tenant must give fifteen (15) days from the notification for the owner to correct the issue.

Oakland provides for monetary damages against landlords found liable for harassment.

Oakland, Cal., Mun. Code § 8.22.670. Attorney fees and costs, punitive damages, treble damages, and injunctive relief are all available under the ordinance.

What are the harassment laws in the City of Berkeley?
The City of Berkeley Tenant Protection Ordinance3 (Berkeley, Cal., Mun. Code §

13.79.060) prohibits landlord’s from doing any of the following:

• Influence, or attempt to influence a tenant to vacate a Rental Unit through fraud or intimidation, or through unauthorized physical acts;

3 Source: https://www.cityofberkeley.info/Rent_Stabilization_Board/Home/Tenant_Protection_Ordinance.aspx

Page 64 of 187 ends

4 Page 28 of 31

• Threaten by use of fraud, intimidation, or coercion to terminate a tenancy, to recover possession of a rental Unit, or to evict a tenant from a rental unit. Such threats shall include threatening to report any tenant, occupant, or guest of any tenant or occupant, to U.S. Immigration and Customs Enforcement; • Reduce, interrupt, or withhold any services or amenities provided to the tenant pursuant to the rental agreement, custom, or law. Such services include, but are not limited to, provision of the quiet use and enjoyment of the rental unit; • Interfere with any tenant’s rights of privacy. Unlawful interference with a tenant’s right to privacy shall include, but is not limited to, requesting information regarding citizenship or residency status or social security number of any tenant or member of the tenant’s family or household, occupant, or guest of any tenant, except for the purpose of obtaining information for the qualifications for a tenancy prior to the inception of a tenancy. Unlawful interference with the right to privacy also includes releasing any confidential information regarding any person described in this subdivision, except as required by law; • Abuse the limited right of access into a rental unit as established and limited by Civil Code 1954;
• Abuse, exploit, discriminate, or take advantage of, any actual or perceived disability, trait or characteristic of any tenant, including, but not limited to, the Tenant’s participation in any section 8, housing choice voucher, or other subsidized housing program;
• Fail to perform any repairs in a timely and professional manner that minimizes inconvenience to the tenant; or fail to exercise due diligence in completing repairs and maintenance once undertaken; or fail to follow appropriate industry standards to or protocols designed to minimize exposure to noise, dust, lead paint, asbestos, other building materials with potentially harmful health impacts; • Threaten to not perform repairs and maintenance required by contract, custom, or law, or threaten to do so;
• Fail to accept or acknowledge receipt of a tenant’s rent, or to promptly deposit a tenant’s rent payment, or to promptly provide a receipt to a tenant upon request, except as such refusal may be permitted by state law after a notice to quit has been served and the time period for performance pursuant to the notice has expired;
• Offer payments to a tenant to vacate without providing written notice to the tenant of his or her rights under this Chapter, using the form prescribed by City staff; however this shall not prohibit offers made in pending unlawful detainer actions; • Engage any tenant in any form of human trafficking as defined by California Penal Code section 236.1, as a condition of that tenant’s continued occupancy of a Rental Unit. Id.

Before a tenant can bring a claim in civil court for violation of certain subsections listed above, the tenant must first comply with the notice requirement to the property owner or the owner’s agent.

Page 65 of 187 ends

5 Page 29 of 31

Landlords found to have violated the TPO can be liable for actual damages, attorney fees, treble damages, injunction, and an award of civil penalties in the sum of between $1,000 and $10,000 for each violation. The landlord may also be held liable for an additional penalty of up to $5,000 for each violation against any person who is disabled or elderly (age sixty-five or over).

What are the harassment laws in the City of Long Beach? The City of Long Beach4 passed an emergency ordinance on November 2, 2020. Long Beach, Cal., Mun. Code § 8.101.

Under the Long Beach tenant harassment law, no landlord shall:

• Interfere with or fail to provide housing services required by state or federal law, or violate or threaten to violate Cal. Civil Code § 789.3 (i.e., utility shutoffs and illegal lockouts);
• Fail to perform timely repairs and maintenance required by contract or by federal and state laws; fail to complete repairs once undertaken; fail to follow appropriate industry protocols for the abatement of potentially harmful conditions or building materials; or conduct optional renovation or construction of a residential rental unit for the purpose of harassing a tenant;
• Abuse the right of access into a dwelling unit as established by Cal. Civil Code § 1954 – including, but not limited to, entries for inspections not related to necessary repairs or services; excessive number of entries – especially outside normal business hours; and misrepresenting the reasons for accessing a rental housing unit;
• Influence, coerce or threaten a tenant to vacate a unit through fraud and misrepresentation, which shall include threatening to report a tenant to the United States Department of Homeland Security;
• Threaten a tenant with physical harm – by word, gesture or in writing; • Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV) or acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income;
• Take any action to terminate a tenancy, or bring any action to take possession of a dwelling unit, based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is invalid under the facts known to the landlord;
• Provide false written or verbal information regarding any protections the tenant is entitled to, including, but not limited to, asking or forcing a tenant to sign a new lease not in their native language;

4 Source: https://library.municode.com/ca/long_beach/codes/municipal_code?nodeId=TIT8HESA_CH8.101TEHA

Page 66 of 187 ends

6 Page 30 of 31

• Refuse to acknowledge or accept a tenant’s lawful rent payment, refuse to cash a rent check for over 30 days after it is presented; fail to maintain a current address for delivery of rent payments; fail to maintain an online payment portal/fund transfer program active and without interruption; or otherwise violate Cal. Civil Code § 1962;
• Violate a tenant’s right to privacy, including, but not limited to, by requesting information about residence or citizenship status, protected class status, or social security number; release such information except as required or authorized by law; or request or demand an unreasonable amount of information from a tenant in response to a Reasonable Accommodation request;
• Communicate with the tenant in a language other than the tenant’s primary language for the purpose of intimidating or deceiving the tenant; • Interfere with the right of tenants to organize and engage in activities for the purpose of mutual aid and protection; deny property access to tenant advocates; prevent tenant or tenant organization meetings in an appropriate space accessible under the terms of a Rental Agreement; or discourage distribution or posting in common areas of literature informing other tenants of their rights; or • Repeatedly violate the covenant of quiet enjoyment of any person lawfully entitled to occupancy of a dwelling, especially to cause that tenant to vacate the dwelling or to surrender their rights to occupy the dwelling.

Long Beach tenants can sue for a variety of relief including injunction, monetary damages, attorney fees and costs, a civil penalty of at least $2,000, and any other relief the Court deems appropriate. If a tenant is over the age of 65 or disabled, a judge can award an additional $5,000 per violation.

What are the harassment laws in the City of Emeryville?Under the Emeryville Rent Ordinance5 (Emeryville, Cal., Mun. Code § 5-40.05) no landlord may do any of the following in bad faith:
• Interrupt, fail to provide, or threaten to interrupt or fail to provide any housing services under the rental agreement, including but not limited to utility services and other amenities and services agreed to by contract; • Fail to perform repairs or maintenance required by contract or by state, county, or local housing, health, or safety laws;
• Fail to exercise due diligence to complete repairs and maintenance once undertaken, including the failure to follow industry-appropriate safety standards and protocols;
• Abuse or otherwise improperly use landlord’s right to access the property; • Remove personal property of a tenant from the rental unit;

5 Source: https://www.ci.emeryville.ca.us/1127/Eviction-Harassment-Ordinance

Page 67 of 187 ends

7 Page 31 of 31

• Influence or attempt to influence a tenant to vacate the unit by means of fraud, intimidation, or coercion (including but not limited to threats based on immigration status);
• Offer payment or any other consideration, in return for a tenant vacating the unit, more often than once every six months;
• Threaten the tenant by word or gesture with physical harm; • Interfere with the tenant’s right to quiet use and enjoyment of the rental unit; • Refuse to accept or acknowledge receipt of lawful rent from the tenant; • Refuse to cash a rent check for over 30 days;
• Interfere with the tenant’s right to privacy;
• Request information that violates the tenant’s right to privacy; • Other repeated acts or omissions of such significance as to substantially interfere with or disturb the tenant’s comfort, repose, peace, or quiet enjoyment, and that cause, are likely to cause, or are intended to cause the tenant’s to vacate the unit; or
• Retaliate against the tenant for their exercise of rights under this chapter or state or federal law.

The Emeryville Rent Ordinance contains a private right of action for landlord violations.

The tenant or the City may file a civil proceeding for monetary damages, injunctive relief or both against a landlord who engages in activities prohibited under this section.

Emeryville, Cal., Mun. Code § 5-40.06.

Page 68 of 187 ends

From: Betty Gabaldon
To: Kain, Brenda; Aliano, Dominic; McGallian, Tim
Subject: Input From Tenants, For A Strong Tenant Anti-Harassment Ordinance Date: Thursday, February 03, 2022 8:07:02 PM
Attachments: Tenants Stories 2022Gui.pdf
Good evening,
We urge a new ordinance to include more robust protections for tenants. We have been in conversations with dozens of renters who will not be covered; therefore, it will be difficult for them to get served.

We have since worked with tenants and tenant attorneys to find a language that will be helpful to them. Here are some of the cases in which the first draft was missing.

Attachment 6

Page 69 of 187 ends

Attempting To Get A Tenant To Move By Fraud Or Force
Guillermina P. worked as a cashier and lost her job last year due to the COVID19 pandemic and shelter in place. She is a mother of three teenage daughters. In November 2020, she filed a restraining order against her husband so that the police could remove her ex-husband from the house. All this contributed to her financial situation becoming very difficult.

Following these events, the owners of the house she resided at tried everything they could to evict her through lies and manipulation even when the county moratorium was in effect.

In May 2021, she applied for the state rental assistance program. She complied by paying 25% of her rent, as was required by California law. However, Guillermina would continue to hear threats that she would be evicted as soon as the county's moratorium ended.

On June 25, 2021, her landlord first notified Guillermina that the single-family home was being sold and had five days to move out. Selling a house is not “just cause” to evict a tenant. In addition, a county moratorium was in effect.
➔ In the ﬁrst draft of the ordinance, a tenant must prove that their landlord knew the false information they gave them was false in order to have a claim. This makes it more diﬃcult for the tenant to win their case.
➔ The changes with the new draft will help Guillermina prove all the misinformation her landlord was using to evict her was intentional.

Page 70 of 187 ends

Abusive Entries by the Landlord
Juan Hernandez lives in 1751 Diane Ct, for about three years; this is one of Steven Pinza’s buildings; he had two jobs but lost both because of the pandemic; he has spent all his savings trying to keep up with his bills and rent.

On Saturday, February 6, around noon, Pinza entered the apartment without any prior notice; he woke Mr. Hernandez up screaming obscenities, demanding the rent money, and proceeded to ransack Mr. Hernandez’s dresser, looking for the money. When he could not find anything, he left the apartment but returned to give Mr. Hernandez a 3-day notice and threatened to call immigration if he didn’t pay his rent.

Mr. Hernandez tried to report the harassment case with Pinza breaking into his apartment and could not find someone who spoke Spanish.
➔ The ﬁrst draft of the ordinance does not explicitly ban a landlord from coming into a tenant’s unit to improperly target the tenant or otherwise collect evidence against the tenant. ➔ The changes with the new draft will help Juan with excessive and improper entries into his unit outside business hours.

Retaliation

Page 71 of 187 ends

Betty Gabaldon lived in Concord for 20 years; in 2016, her apartment building received a rent increase of $400 per month.

During this time, she and her neighbors had reported to management that their homes were infested with rats, bed bugs, mold, and refrigerators that did not work and ignored to make the necessary repairs.

Because of the rent increase and no repairs, they decided to organize and stand up for a habitable place to live.

But because there are no just cause protections, she was retaliated against. She was given a 60-day eviction notice for speaking up and organizing her neighbors. ➔ The ﬁrst draft of the ordinance contains no protections against retaliation. Tenants are not protected from retaliation unless the landlord takes action against them because they have sued.
➔ The changes with the new draft, a tenant will be protected from retaliation if they exercise their rights, which could just include telling the landlord verbally to stop violating their rights or sending the landlord a letter.

Page 72 of 187 ends

Refusal to Accept Payments or Provide Receipts
Erica Flores is a housekeeper, a mother of three, whose husband works as a painter. She and her family are residents of Concord going on 11 years now.

They live at 2415 Olivera Rd. and have experienced all sorts of harassment at the hands of their landlord and manager.

On April 26, 2021, this mistreatment reached its limit when the manager threatened her with a gun; after having the water turned off all day, they called the police, but they never came.

In June 2020, we had a problem that affected our health and our children; the sewage came out of the laundry room for a month, and the smell was unbearable. And although the owner was made aware of it, he just ignored to make the repairs.

Ms. Flores now has a new owner who refuses to give her rental receipts and is forcing her to pay the rent with a single choice.
➔ The ﬁrst draft of the ordinance does not remedy if a landlord won’t provide a method of payment for a tenant that is not cash or electronic funds transfer. And does not provide that if a landlord has a legal reason for not accepting a tenant’s rent payment, they have to tell the tenant in writing what that reason is.
➔ The changes with the new draft create a remedy for Erica if a landlord won’t provide a method of payment for a tenant that is not cash or electronic funds transfer.

And also provide that if a landlord has a legal reason for not accepting a tenant’s rent payment, they have to tell the tenant in writing what that reason is.

Other Harassment
Patricia Martinez works as a caregiver for the elderly. She and her three young children had lived in Concord for two years, and the property owner was only accepting cash to pay the rent

Page 73 of 187 ends

and would not provide her with a receipt.

For Mrs. Martinez and her children, the last two years have been traumatizing as the owner and manager of the place constantly harass and terrorize them. She cannot receive visitors because her landlord harasses them by yelling at her guests and threatening to evict her.

They did not have hot water for two weeks during December 2020; the landlord refused to fix the pipes and tried to bill them for the cost.

My nephew had to move out because he was harassed every day for his parking space, even though he paid for the parking spot by the landlord towing his car out every time.

Ms. Martinez now has a new owner who refuses to give her rental receipts and is forcing her to pay the rent via Zelle.
➔ The ﬁrst draft of the ordinance does not include violations against a person associated with the tenant (such as a family member) but only the tenant alone. ➔ The changes with the new draft make it unlawful for a landlord to generally engage in behavior that would be likely to disturb a tenant enough to make them give up some or all of their rights as a tenant. It will help Patricia’s nephew stay in his home.

Landlords Applicability
Nora Grey has lived at 1115 Virginia Ln apartments for three years; the property manager does not allow children to play outside or make noise inside their homes.

Page 74 of 187 ends

Due to the pandemic, Mrs. Grey was laid off from her job and applied for government rental assistance; her application is still pending. Every day, their property manager texts her to call the rental assistance program and ask when she will get approved.

Because of the bedbug infestation in her unit, she and her children cannot sleep at night and have forced her to throw away her bed and sleep on the floor; they frequently have to throw their blankets or pillows away because of the infestation.

She is not allowed to throw bedbug-infested blankets or pillows in the dumpster. The manager and the maintenance guy watch the security cameras, and as soon as they see someone throwing pillows or blankets, they immediately call to remove them from the trash or else they have to pay a fine. Mrs. Grey feels like she's in jail. ➔ In the ﬁrst draft of the ordinance, a tenant could not sue their property manager for tenant harassment. Often we see the same property management companies harassing tenants at diﬀerent buildings; tenants would have no right to try to stop their bad behavior.
➔ The changes with the new draft will help Nora with her manager acting in bad faith, will stop this bad behavior.

Right to Organize/ Retaliation
Juan Damian has lived in this apartment for about ten years; he is a car alarm and radio installer. In 2020, a county moratorium was in place during the pandemic, prohibiting rent increases.

Page 75 of 187 ends

His new manager went for a rent increase and tried to get Mr. Damian and his neighbors to sign a document that no one could understand because it was all in English. She was also charging an extra 100 dollars for PG&E. Mr. Damian, and his neighbors found out that this increase was illegal and let the manager know about it.

They had requested repairs to the landlord but never made them on time. Then they also asked the manager, and she refused to make them as they had not signed the lease containing the illegal rent increase.

Mr. Damian and his neighbors organized a tenants' union. In September 2021, Mr. Damian and his neighbors met with their landlord; in this meeting, Mr. Damian told the owner he let her know about the things his unit still needed, the wall heater air conditioner, and if she could change the carpet.

In November 2021, Mr. Damian received a 60-day notice; it is worth noting so far, he is the ONLY one who has received an eviction notice.
➔ The changes with the new draft will help tenants with their right to organize and engage in concerted activities with other tenants for the purpose of mutual aid and protection; or prevent including concerns regarding repairs and maintenance, rent amounts, or rent increases, evictions, discrimination, or harassment, regardless of whether the tenants share the same landlord or management company,

Page 76 of 187 ends

Concord City CouncilJune 14, 2022

Concord City Council
June 14, 2022