Agenda packet — Concord City Council, December 12, 2023 (part 1 of 3)

1 COUNCILMEMBERS
Edi E. Birsan, Mayor
Carlyn S. Obringer, Vice Mayor
Dominic D. Aliano
Laura M. Hoffmeister
Laura M. Nakamura
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Regular Meeting of the
Concord City Council
Tuesday,
December 12, 2023
6:30 p.m. - Open Session Council Chamber
1950 Parkside Drive
and/or Various
telephonic/electronic
locations
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* Members of the public are invited to attend and participate at: Council Chamber, 1950 Parkside Drive, Concord, CA.

Please note the following change to the City’s public comment procedures: Unless a Councilmember is participating in the meeting remotely pursuant to AB 2449, remote public comment will not be accepted. Public comment may be provided in-person or via email, as set forth below. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments by 3:00 p.m. prior to the meeting or to attend the meeting in person.

Spanish interpretation is available in the Council Chamber during the meeting.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a.Members of the public can provide in-person comments in the Council Chamber.

Members of the public are encouraged, but not required, to fill out a speaker card. The Council Chamber will have seating available for members of the public to attend in person up to full seating capacity.
2 2. REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item. If a Councilmember participates in the meeting remotely pursuant to AB 2449, the public may participate and provide public comment remotely, as follows:
a. Zoom:
https://cityofconcord.zoom.us/j/87619325502?pwd=w8i6CK63yZy5zwYzthBOx1W- PBrYLQ.n8W1JGWM3l-IY8o_ or Zoom Webinar ID: 876 1932 5502 and Passcode:
892432
b.Zoom Phone Numbers. Dial Toll Free: (669) 900-6833 or (346) 348-7799 or (253) 215- 8782.
c.During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. If calling in via Zoom use *9 to raise and lower your hand. The meeting host will call on you, by name, and promote you to panelist in the webinar so you can be seen via your camera. Please enable your microphone when it is your turn to speak. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by 3:00 p.m. of the meeting date at [email protected]).

3. EMAIL:
a.Public comments can also be submitted via email to [email protected]. Please note that emailed comments will not be read aloud by staff. Any public comments received up until 3:00 p.m. of the meeting date will be:

1. distributed to the Council before the meeting,

2. posted online for public inspection at
https://stream.ci.concord.ca.us/OnBaseAgendaOnline/Meetings/Search, and

3. inserted into the meeting record.
b.As emails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your email.

4. TO WATCH OR LISTEN ONLY:
a.Watch on TV on Comcast Channel 28, Astound/Wave Channel 1026, and AT&T U-verse Channel 99
b.Watch the TV broadcast through the City’s website by following THIS LINK c.Watch Live Streaming of the meeting by following THIS LINK d.Join the Zoom webinar by following THIS LINK
3 OPEN SESSION

1. OPENING
Roll Call – Announcements/Consideration and Approval of Requests by Councilmembers to Participate Remotely Pursuant to AB 2449 Pledge of Allegiance – Councilmember Aliano

2. PUBLIC COMMENT PERIOD
This is a 15-minute Public Comment Period for items within the City Council’s subject matter jurisdiction that are not on this agenda. Each speaker will be limited to approximately three minutes.

State law prohibits the City Council from acting at this meeting on any matter raised during the Public Comment Period. Please see “How to Participate” above.
a. Written Public Comment

3. CITY COUNCIL CONSENT CALENDAR
The public is entitled to address the City Council on items appearing on the Consent Calendar before or during the City Council’s consideration of the Consent Calendar. Adoption of the Consent Calendar may be made by one motion of the City Council, provided that any Councilmember, individual or organization may request removal of an item from the Consent Calendar for separate consideration.

If a request for removal of an item from the Consent Calendar has been received, the Mayor may defer action on the particular item and place the same on the regular agenda for consideration in any order s/he deems appropriate. Please see “How to Participate” above. a. Considering – approval of an amendment to the Professional Services Agreement with Jordan Consulting & Investigations (JCI) in the amount of $50,000 for a total not-to-exceed agreement amount of $134,500 for investigative services, and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (General Fund) Recommended by the Chief of Police.
b. Considering – approval of the 2024 City Council Meeting Calendar.

Recommended by the City Clerk.
c. Considering – approval of a one (1) year and six (6) month agreement for police vehicle up-fitting services (installation of specialized equipment and accessories within a vehicle) with Stommel Inc. DBA Lehr in the not-to- exceed amount of $350,000 per fiscal year with the option to extend for two (2) additional one (1) year periods, authorizing staff to increase the annual amount no more than 3% in each option year ($1,346,815 total ); and authorize the City Manager to execute an agreement in a form acceptable to the City Attorney. (Fleet Replacement Fund) Recommended by the Director of Public Works.
4 4. CITY COUNCIL PUBLIC HEARING
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the public hearing is opened, except on public hearing items previously heard and closed to public comment.

After the public has commented, the item is closed to further public comment and brought to the Council level for discussion and action. Further comment from the audience will not be received unless requested by the Council. No public hearing shall commence after 10 p.m. unless approved by majority vote of the City Council. Please see “How to Participate” above. a. Considering –
(1) Direction on Permanent Relocation Assistance policy options identified in the draft Residential Tenant Protection Program Ordinance, and (2) Introduction of an Ordinance amending the Concord Municipal Code by amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to increase “just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program, by reading of the title only and waiving further reading. Report by Sophia Huckabay, Housing Manager.

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

5. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

6. REPORTS AND ANNOUNCEMENTS
Closed Session Announcements
City Manager or Staff Reports

7. COUNCIL REPORTS
a. Considering – appointing Councilmembers to represent the City Council on Council committees and regional bodies and boards of various external organizations of which the City is a member. Report by Mayor Birsan.

8. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 1/9/2024 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, 5 and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

From: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 12, 2023 1:47 PM
To: City Clerk <[email protected]>
Cc: Concord City Council Email <[email protected]> Subject: General public comment

Dear City Council and Staff,

First, I would like to congratulate Edi Birsan and Carlyn Obringer on becoming the Mayor and Vice-Mayor, respectively, for the City of Concord. I also had the opportunity to congratulate you both in-person at the Council reorganization reception. I wanted to thank everyone that stopped by to chat with me at the reception (i.e. the mayor, vice mayor, and city clerk), and apologies to the other councilmembers and staff for not getting a chance to chat with you all; I am a little bit on the shy side.

I wanted to echo what Mayor Birsan said at the last meeting about possibly officially adopting an ordinance to rotate who the mayor is. That has been the de facto tradition, albeit there was an exception during the height of the pandemic. I think the status quo where councilmembers have free rein to select a mayor and vice-mayor would be fine, but I find it a little bit bizarre that in practice you all do not choose who will serve in these roles independent of the traditional rotation. Consequently, the outcome is already known ahead of time, even though it is not on paper.

When did the signature Edi hat decorations and hat cake get bought? The reception occurred only a few minutes after Mr. Birsan was officially selected as mayor, so I feel it would be inappropriate if the City of Concord spent money on Edi decorations before the outcome was officially known. What would have happened with those decorations if the Council chose someone else as mayor?

Anyways, it was nice to see you all, and finally attend a Council meeting in-person for the first time ever. I hope to see you all at the next Council reorganization, and perhaps we will have new incoming councilmember(s) then.

Thanks,
D'Marco J. Anthony

Written Public Comment
Agenda Item No. 2.a
December 12, 2023

2.a

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Staff Report
Date: December 12, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Garrett Voerge, Captain
Prepared by: Nick Gartner, Lieutenant
[email protected]
(925) 671-5095
Subject: Considering approval of an amendment to the Professional Services Agreement with Jordan Consulting & Investigations (JCI) in the amount of $50,000 for a total not-to-exceed agreement amount of $134,500 for investigative services, and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney. (General Fund)
Report in Brief
Approval of an amendment to the Professional Services Agreement with Jordan Consulting & Investigations (JCI) in the amount of $50,000 for a total not-to-exceed agreement amount of $134,500 for investigative services, and authorizing the City Manager to execute the amendment in a form acceptable to the City Attorney.

Recommended Action
Approve an amendment to the Professional Services Agreement with Jordan Consulting & Investigations (JCI) in the amount of $50,000 for a total not-to-exceed agreement amount of $134,500 for investigative services, and authorize the City Manager to execute the amendment in a form acceptable to the City Attorney.

Background
The integrity and image of the Police Department is a direct reflection of the conduct of its members, and the PD takes all complaints regarding the services provided and conduct of its members seriously.

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City Council Agenda Report
Agenda Item No. 3.a
December 12, 2023
The Police Department accepts and addresses all complaints of misconduct, whether alleged to have occurred on-duty or off-duty, in accordance with policy and applicable federal, state and local law, and the requirements of any collective bargaining agreements. Occasionally, review of complaints of misconduct requires an independent, external investigation. Since July 2020, the Police Department has utilized JCI’s expertise and established credibility to aid with internal administrative investigations in cooperation with the Police Department’s Professional Standards Unit (PSU).

Analysis
JCI is currently conducting internal administrative investigations, and the completion of these investigations is critical to complying with applicable law. The Police Department projects that it will exceed the current agreement limit of $84,500 by December 2023, and an increase in compensation by $50,000 (for a total agreement amount of $134,500) is needed. Because the increase in compensation will exceed the minimum threshold dollar amount the City Manager may approve, Council approval is required.

Financial Impact
There is sufficient funding in the Police Department Operating Budget to fund the amendment.

Public Contact
The City Council Agenda was posted.

Attachment

1. Amendment with JCI

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FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
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28 This Fifth Amendment to Professional Services Agreement (“5th Amendment”) is entered into on this date, December 5, 2023, and amends the Professional Services Agreement, Agreement No.

AA-3100, 1st Amendment No. AA-3100-A, 2nd Amendment No. AA-3100-B, 3rd Amendment No.

AA-3100-C, and 4th Amendment No. AA-3100-D between the City of Concord (“CITY”) and Jordan Consulting and Investigations (“Investigator” or JCI” herein) (“CONSULTANT”).

WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement, Agreement No. AA-3100, dated July 3, 2020 (the “Agreement”), wherein CONSULTANT agreed to provide personnel investigations.

WHEREAS, under Section 1 “TERM” the Agreement provides that the terms of this contract shall be effective from July 3, 2020 through June 30, 3021, unless terminated earlier pursuant to Section 8 below.

WHEREAS, the 1st Amendment amended the agreement to provide for additional compensation not to exceed $49,500 and extended the term to June 30, 2022 with 2 one-year renewal options.

WHEREAS, the 2nd Amendment amended the agreement to exercise the 1st renewal option to extend the term to June 30, 2023, with 1 one-year renewal option remaining.

WHEREAS, the 3rd Amendment shall exercise the 2nd renewal option to extend the term to June 30, 2024.

WHEREAS, the 4th Amendment amended the agreement to provide for additional compensation by $35,000 for a not to exceed total amount of $84,500.

WHEREAS, this 5th Amendment shall amend the agreement to provide for additional compensation by $50,000 for a not to exceed total amount of $134,500.

WHEREAS, the parties hereto desire to amend the agreement to provide for additional compensation;
NOW THEREFORE, in consideration of the promises and conditions set forth in the Agreement, the parties mutually desire to amend the Agreement as follows:

1. Section 3 “Compensation & Expense Reimbursement” is hereby amended to add the language as follows: In no event shall the amount CITY pays CONSULTANT exceed Attachment 1

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28 Eighty Four Thousand Five Hundred dollars ($134,500.00) for the term of this Agreement.

2. Except as expressly amended herein, all other terms and conditions of the Professional Services Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Fifth Amendment on the date indicated above.

Signatures on the following page.

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28 Dated: ___________ Jordan Consulting and Investigations BY: ________________________
Howard Jordan, Principal
925-765-4256
[email protected]
Dated: ___________ CITY OF CONCORD
By: _________________________
Valerie J. Barone
City Manager
APPROVED AS TO FORM: ATTEST:
____________________________ ____________________________________ Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: ________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 2023-24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $134,500.00. Account Code 100-72901Z01-63800-400.

Finance Director's Signature

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From: Fockler, Joelle <[email protected]> Sent: Tuesday, December 12, 2023 3:01 PM
To: D'Marco Anthony <[email protected]>
Cc: Ananthan, Stefanie <[email protected]> Subject: Pulling Items from Consideration on the Consent Calendar

Good Day Mr. Anthony – I received your requests and comments regarding pulling Agenda Items No.

3.a, 3.b, and 3.c from consideration on the Consent Calendar. I will forward the requests and the comments to the City Council as correspondence, but since remote public comment is not accepted, you must be present at the meeting to request that an item be removed from consideration on the Consent Calendar. Please see instructions below on meeting participation per the Agenda.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chamber.

REMOTE: Remote public comment will not be accepted, except when a Councilmember participates remotely pursuant to AB 2449. At the time of the posting of this agenda, none of the Councilmembers have notified the City Clerk’s Office that they intend to participate remotely pursuant to AB 2449, and therefore no remote public comment will be accepted at the meeting. If, after publication of this agenda and before the meeting begins, any councilmember determines that they will need to participate remotely due to just cause or emergency circumstances under AB 2449, their remote participation will be announced at the outset of the meeting in connection with the Roll Call item.

Joelle Fockler, MMC | City Clerk
City of Concord | Website: www.cityofconcord.org
 (925) 671-3390 |  [email protected]

Benched Correspondence
Agenda Item No. 3.a
December 12, 2023

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From: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 12, 2023 1:25 PM
To: City Clerk <[email protected]>
Subject: Public comment 3a

Dear Concord City Council,

The reason this item was pulled by me is because I believe that any issue even remotely related to the Police is too sensitive to be conflated with other issues on the consent calendar. I truly believe that separate consideration is needed for this agenda item, and any future agenda items on related matters.

Thank you for your consideration,
-D'Marco J. Anthony

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From: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 12, 2023 1:24 PM
To: City Clerk <[email protected]>
Subject: Pull item 3a

Hello City Clerk’s office. Could you also please pull item 3a from the consent calendar?

Thanks,
D’Marco J. Anthony

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Staff Report
Date: December 12, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Joelle Fockler, MMC, City Clerk
Prepared by: Monique Robinson, Administrative Secretary [email protected]
(925) 671-3295
Subject: Considering approval of the 2024 City Council Meeting Calendar.

Report in Brief
The City Council (Council) regularly meets on the first, second, and fourth Tuesday of each month for Council meetings (meetings). Meetings are cancelled when they conflict with City of Concord Holidays. Additionally, the Council historically takes a break from meetings for one month during the summer, allowing Councilmembers to take vacations without missing meetings.

Recommended Action
Review and approve the attached calendar.

Background
The City Council regularly meets on the first, second, and fourth Tuesday of each month. Meetings are cancelled when they conflict with City holidays. Historically, the City Council takes a break from meetings for one month during the summer to allow City Councilmembers time to take vacations without missing meetings. In order to provide scheduling clarity staff prepared a list of expected meetings in 2024, as done annually of each year for Council adoption.

Analysis
The attached expected meeting calendar for 2024 shows no meetings on January 2, July 2, 9, 23, August 6, November 5 and 26, and December 24. January 2 is not scheduled due to the proximity to the January 1 City holiday. The July dates are not

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City Council Agenda Report
Agenda Item No. 3.b
December 12, 2023
scheduled to allow Council a summer break. A meeting is not proposed for Tuesday, August 6, because it is National Night-out and Councilmembers participate in community-hosted neighborhood gatherings. A meeting is not scheduled for November 5 as it is election night in a year when Council seats will be on the ballet. Meetings are not scheduled for November 26 or December 24 due to their proximity to winter City holidays.

The Mayor, working with the City Manager, may call special meetings or cancel meetings as needed to support the work of the Council. The general public should always check the City’s website or contact the City Clerk regarding Council meetings they desire to attend.

Public Contact
The City Council Agenda was posted.

Attachment

1. Proposed 2024 City Council Meeting Calendar

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The Concord City Council regularly meets the first, second, and fourth Tuesday each month. Below are the dates for expected regular meetings in 2024. The Mayor, working with the City Manager, may cancel meetings or call special meetings to support the work of the Council. All meetings are publicly noticed in accordance with State law and Council policy. To the extent meeting indicated below as “cancelled” are reinstated, such reinstated meetings shall constitute regular meetings of the Concord City Council.

Because meeting dates can change, interested parties should always check the City’s website at www.cityofconcord.org or call the City Clerk’s office at (925) 671-3495 if they are interested in attending a meeting.
2024 City Council Meeting Dates
January 2 (Cancelled due to Winter Holidays) July 2 (Cancelled due to Council recess) January 9 July 9 (Cancelled due to Council recess)
January 23 July 23 (Cancelled due to Council recess)
February 6 August 6 (Cancelled due to National Night Out) February 13 August 13
February 27 August 27
March 5 September 3
March 12 September 10
March 26 September 24
April 2 October 1
April 9 October 8
April 23 October 22
May 7 November 5 (Cancelled due to General Election)
May 14 November 12
May 28 November 26 (Cancelled due to Thanksgiving)
June 4 December 3
June 11 December 10
June 25 December 24 (Cancelled due to City Holiday)
Attachment 1

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Good Day Mr. Anthony – I received your requests and comments regarding pulling Agenda Items No.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chamber.

Joelle Fockler, MMC | City Clerk
City of Concord | Website: www.cityofconcord.org
 (925) 671-3390 |  [email protected]

Benched Correspondence
Agenda Item No. 3.b
December 12, 2023

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From: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 12, 2023 10:34 AM
To: City Clerk <[email protected]>
Subject: Public comment 3b

Dear Concord City Council,

I am pulling this item, because I am concerned about the proposed City Council meeting calendar. I see that a Council meeting is canceled due to National Night Out. This leads to a longer summer break, which I understand is great to have for Council & Staff, but it is also a long time for members of the public to not be able to address issues at City Council meetings. I also worry that *some* councilmembers will use the event to promote their “tough on crime” agenda, which would be an inappropriate reason to cancel a City Council meeting.

Thank you for your consideration,
D'Marco J. Anthony

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From: D'Marco Anthony <[email protected]>
Sent: Monday, December 11, 2023 12:01 PM
To: City Clerk <[email protected]>
Subject: Pull item 3b from consent calendar

Hello City Clerk’s office. I would like to kindly request that you pull item 3b from the consent calendar. I also wanted to point out that “ballet” in that document may be a spelling error. Please be advised that I most likely will be giving my public comment via email.

Thank you,
-D'Marco J. Anthony

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Staff Report
Date: December 12, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: William Tarbox, Director of Public Works
Prepared by: Craig Blythe, Administrative Services Manager [email protected]
(925) 671-3141
Subject: Considering approval of a one (1) year and six (6) month agreement for police vehicle up-fitting services (installation of specialized equipment and accessories within a vehicle) with Stommel Inc. DBA Lehr in the not-to-exceed amount of
$350,000 per fiscal year with the option to extend for two (2) additional one (1) year periods, authorizing staff to increase the annual amount no more than 3% in each option year
($1,346,815 total); and authorize the City Manager to execute an agreement in a form acceptable to the City Attorney. (Fleet Replacement Fund)
Report in Brief
The City Council is requested to approve a piggyback agreement with Stommel, Inc. dba Lehr to provide as-needed vehicle upfitting of specialized equipment and accessories on city owned police vehicles. The vendor will provide responsive upfitting services on recently replaced police vehicles for the term of the agreement to ensure operational and safety needs are met prior to vehicle deployment.

Recommended Action
Approve a one (1) year and six (6) month agreement for police vehicle up-fitting services with Stommel Inc. DBA Lehr in the not-to-exceed amount of $350,000 per fiscal year with the option to extend for two (2) additional one (1) year periods, authorizing staff to increase the annual amount no more than 3% in each option year ($1,346,815 total); and authorize the City Manager to execute an agreement in a form acceptable to the City Attorney. (Fleet Replacement Fund)

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City Council Agenda Report
Agenda Item No. 3.c
December 12, 2023
Background
The Public Works Department Fleet Division manages and maintains the Citywide fleet, including scheduled replacement of vehicles. Replacement vehicles is an on-going effort to sustain fleet reliability and maintainability. Replacing vehicles at the end of their useful life saves City resources, reduces vehicle out-of-commission time, and helps ensure safety as vehicles being replaced are no longer economically maintainable.

When police vehicles are replaced, the City must add in specialized equipment necessary to support policing efforts; this is referred to as “upfitting” a police vehicle. To ensure vehicle upfitting needs are met, Public Works contracts with vendors to provide prompt service delivery.

Each year the City’s adopted budget assumes the build-out of law enforcement vehicles as part of the annual Vehicle Replacement Fund. Building-out a new police vehicle involves stripping the old vehicle then purchasing, and installing equipment in the new vehicle such as emergency lights, siren, center console, gun mounts, rear seat partitions, and prisoner transport seat. The City has 109 law enforcement vehicles in the replacement program and has purchased 22 new law enforcement vehicles that will need to be outfitted with specialized equipment.

Analysis
Due to the technical and specialized nature of work, the City has historically contracted for vehicle upfitting services to meet operational needs. Since 2009, the City has contracted vehicle upfitting services to Lehr based on competitive solicitations issued by the City or neighboring jurisdictions. The City’s current agreement with Lehr is based off a competitive solicitation (“piggyback”) from the City of Pleasanton and will expire December 31, 2023.

Staff evaluated contract renewal options and determined that due the limited vendor pool, and past history of single bid proposals received by the City and neighboring jurisdictions, that it would be in City’s best interest to retain Lehr due to their prior performance and knowledge of City vehicles and protocols. In addition, the City could streamline the procurement process and reduce the amount of staff resources needed to issue a new solicitation by leveraging a neighboring jurisdictions agreement.

Procurement Process
Under Concord Municipal Code Section 3.10.080, the City’s Purchasing Officer (or designee) may join with other public jurisdictions in cooperative purchasing plans. The Purchasing Officer or designee may also buy directly from a vendor at a price established by a competitive bid by another public jurisdiction, even if the City had not joined with that public agency in a cooperative purchase. That is the process the City followed in connection with the current procurement.

On September 13, 2022, the City of Antioch issued executed a formal agreement based on a competitive solicitation for vehicle upfitting services under resolution No. 2022/161

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City Council Agenda Report
Agenda Item No. 3.c
December 12, 2023
with Lehr through 2025. The City of Concord’s Municipal Code allows the City to buy directly from a vendor at a price established by a competitive bid by another public jurisdiction, in this case the City of Antioch. Staff has been very satisfied with Lehr’s prior performance.

Financial Impact
Funds for this contract are budgeted in the ten-year Vehicle Replacement Fund.

Public Contact
The City Council Agenda was posted.

Attachments

1. City Council Agenda Report and Maintenance Services Agreement - City of Antioch

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W
Agenda Item #

STAFF REPORT TO THE CITY COUNCIL

DATE: Regular Meeting of September 13, 2022

TO: Honorable Mayor and Me mbers of the City Council

SUBMITTED BY: Carlos Zepeda, Deputy Public Works Director

APPROVED BY: John Samuelson, Public Wo rks Director/City Engineer

SUBJECT: Awarding an Agreement with Sto mmel, Inc. dba LEHR for Police Vehicle Upfitting Services

RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:

1. Awarding a Maintenance Se rvices Agreement with Stommel, Inc. dba LEHR to provide police vehicle upfitting services for three (3) years, with an option to extend two (2) additional years, fo r an estimated amount not to exceed $1,090,536.07; and

2. Authorizing the City Manager to execute the agreement in a form approved by the City Attorney.

FISCAL IMPACT
Funding for this expenditure is included in the adopted fiscal year 2022/23 budget in the Vehicle Replacement Fund and the General Fund. Funding for the remaining years of the contract will be presented to Council as part of the budget approval process.

DISCUSSION
On May 24, 2022, Council approved the replacement of nine (9) police vehicles that are at or beyond their useful life, and the purchase of two (2) new-to-fleet police vehicles. The upfitting of these eleven (11) police vehicles is the next step in preparing the vehicles for service. Upfitting a police vehicle includes the installation of emergency lights, partitions, and other auxiliary equipment needed to complete the patrol vehicle build which optimizes officer safety and productivity.

The term of the contract is for three (3) years ending on June 30, 2025, with an option to extend two (2) additional years for a total of five years. The City reserves the right to adjust the quantity of vehicles to be upfitted each fiscal year according to the needs of the Police Department and City of Antioch Fleet Policy. The current estimate of the Attachment 1

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Antioch City Council Report
September 13, 2022 Agenda Item #W 2
number of police vehicles to be upfitted for years two (2) th rough five (5) are included in Attachment D.

The Public Works Department published a Request for Proposal (“RFP”) on June 8, 2022.

The RFP closed on July 13, 2022. Proposals were solicited and Stommel Inc. dba LEHR was the only vendor to submit a proposal. City staff reviewed the proposal and determined that they are qualified to perform the work.

ATTACHMENTS
A. Resolution
B. Proposal
C. Agreement
D. Estimated Cost Schedule

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Good Day Mr. Anthony – I received your requests and comments regarding pulling Agenda Items No.

HOW TO PARTICIPATE
The public is invited to participate in the City Council meeting using any of the following methods:

1. IN PERSON:
a. Members of the public can provide in-person comments in the Council Chamber.

Joelle Fockler, MMC | City Clerk
City of Concord | Website: www.cityofconcord.org
 (925) 671-3390 |  [email protected]

Benched Correspondence
Agenda Item No. 3.c
December 12, 2023

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From: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 12, 2023 1:15 PM
To: City Clerk <[email protected]>
Subject: Public comment 3c

Dear Concord City Council,

The reason I pulled this item is because I believe that any issue even remotely related to the Police is too sensitive to be conflated with other issues on the consent calendar. I truly believe that separate consideration is necessary for this agenda item, and needed for any future agenda items on related matters.

Thank you,
D'Marco J. Anthony

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From: D'Marco Anthony <[email protected]>
Sent: Tuesday, December 12, 2023 7:16 AM
To: City Clerk <[email protected]>
Subject: Pull item 3c from consent calendar.

Good morning City Clerk’s office, please pull item 3c from the consent calendar, if it has not been pulled already. Please confirm once items 3b & 3c have been pulled from the consent calendar.

Thank you,
-D'Marco J. Anthony

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Staff Report
Date: December 12, 2023
To: City Council
From: Valerie Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Sophia Huckabay, Housing Manager
[email protected]
(925) 671-3387
Subject: Considering:
(1) Direction on Permanent Relocation Assistance policy options identified in the draft Residential Tenant Protection Program Ordinance, and
(2) Introduction of an Ordinance amending the Concord
Municipal Code by amending Concord Municipal Code
Chapter 19.40 “Residential Tenant Protection Program” to increase “just cause” eviction protections, expand the
City’s rent registry, and establish a rent stabilization program, by reading of the title only and waiving further reading.

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

Report in Brief
At its meeting held on January 12, 2023, the City Council (Council) committed to the adoption of a Rent Stabilization Ordinance and a Just Cause for Eviction Ordinance by December 31, 2023, as a program within the 6th Cycle Housing Element Update.

City staff (Staff) solicited and received policy input from stakeholders in July of 2023. At its meetings held on September 5, September 12, and October 10, 2023, Council received this input and provided policy direction to staff. Staff has incorporated Council’s direction into a draft ordinance for Council’s review and consideration. The draft Attachments Revised after Staff Report
was published on 11/22/23. Revisions
reflected in Red font. 4.a4.a4.a4.a4.a4.a4.a4.a4.a4.a4.a4.a

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
ordinance amends City Municipal Code Chapter 19.40 “Residential Tenant Protection Program” and increases “just cause” eviction protections, expands the City’s rent registry, and establishes a rent stabilization program.

Staff is recommending adoption of the draft ordinance after Council deliberates on the Just Cause for Eviction Permanent Relocation Assistance policy option.

Recommended Action
Considering:
(1) Direction on Permanent Relocation Assistance policy options identified in the draft Residential Tenant Protection Program Ordinance, and (2) Introduction of an Ordinance amending the Concord Municipal Code by amending Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to increase “just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program, by reading of the title only and waiving further reading.

Background
At its meeting held on January 12, 2023, Council committed to the adoption of a Rent Stabilization Ordinance and a Just Cause for Eviction Ordinance by December 31, 2023, as a program within the 6th Cycle Housing Element Update.

Housing staff commenced these efforts by holding two stakeholder engagement sessions on July 26 and 27, 2023. The first was with property owner representatives and the second was with tenant representatives. Attendees included representatives from the California Apartments Association, Contra Costa Association of Realtors, Centro Legal De La Raza, Monument Impact, Raising Juntos, Todos Santos Tenants Union, EBASE, Public Advocates, Front Porch and others.

Staff also solicited responses from a broader group of tenants and property owners through the use of online surveys, from July 31 through August 20, 2023. As survey respondents self-select for participation, the results are not statistically valid but do provide useful information. Housing staff further corresponded with affordable housing providers to better understand the potential impact of rent stabilization and just cause for eviction ordinances on these entities.

Collectively, through the in-person workshops and the online surveys, a total of 119 tenants/tenant representatives, 118 property owners and their representatives, and three of Concord’s affordable housing providers provided their feedback.

During the September 5, 2023 Council meeting, staff presented Council with the feedback received from tenants and property owners and, based on this feedback,

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
requested that Council provide direction on specific policy components of rent stabilization and just cause for eviction. After hearing from 67 members of the public, and receiving approximately five hours of public testimony, the public comment period was closed. Council continued the item and deliberated on the matter over the course of two additional Council meetings held on
September 12 and October 10, 2023.

During the Council meetings held on September 12, 2023, and October 10, 2023, Council provided direction to Staff as described in Tables 1-3:

TABLE 1: RENT STABILIZATION POLICIES
Rent Stabilization
Policies Majority/Consensus Direction
Units covered
 Multi-family rental buildings constructed prior to February 1, 1995:
o Buildings with 2 or more units
o Low Income Housing Tax Credit (LIHTC) units
 Mobile home units (versus spaces)
Exempted
properties/units
 Similar exemptions to AB 1482 (see Attachment 3)
 Single-family homes
 Accessory dwelling units (ADUs)
Rent increase limits  60% of CPI or 3%, whichever is lower Petition types
Allowed
 Tenant petitions for lower rents
 Fair return on investment (property owner petition)
Petition costs
 Zero filing fee for tenant petitions
 Owners pay for the cost of fair return petition hearings directly and cost of tenant petitions through the Rent
Registry fees
Retroactive clause Retroactive to January 12, 2023

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
TABLE 2: JUST CAUSE FOR EVICTION POLICIES
Just Cause Policies Council Tentative Majority/Consensus Units covered  All residential units including single-family homes, condominium homes, mobile homes, and LIHTC units
Units exempted
 Similar exemptions to AB 1482 (see Attachment 3)
 ADUs
 Rented rooms in a single-family home/condos
 Shared/supportive housing
Substantial renovation
just cause
 Use AB 1482/SB 567 language:

The replacement or substantial modification of any
structural, electrical, plumbing, or mechanical system
that requires a permit from a governmental agency, or
the abatement of hazardous materials, including lead-
based paint, mold, or asbestos, in accordance with
applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the
tenant in place and that requires the tenant to vacate
the residential real property for at least 30 days.

Cosmetic improvements alone, including painting,
decorating, and minor repairs, or other work that can
be performed safely without having the residential real property vacated, do not qualify as substantial
rehabilitation.

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
Just Cause Policies Council Tentative Majority/Consensus Substantial renovations,
temporary relocation and
right of return after
renovations completed
For a relocation of 30 days or fewer
 Property owner pays tenant the Federal General
Services Administration per diem rate for lodging
and meals (M&IE Total) (See Analysis Section for
more information).

For a relocation of 31 days or greater
Tenant Options:
 Tenants receive temporary relocation assistance
and retain right to return at same base rent with any
authorized annual increases.
o Tenant must continue to pay their lease rate
rent to the property owner with any allowed
adjustments.

Property owner options:
 Relocate tenant to a hotel (and pay necessary
services and incidentals).
 Relocate tenant to a comparable or superior
dwelling unit or temporary housing
accommodations.

Ellis Act
 Property owner records a memorandum
encumbering the property for the ten years that it is
off-market
 Property owner pays tenants permanent relocation
assistance
Permanent relocation
assistance
Council Deferred a Decision on this Policy Item. Staff
to return to Council with the following options available for inclusion in the Ordinance:
 3 months of HUD Fair Market Rent or $8,500
(greater of)
 3 months of HUD Fair Market Rent
 3 months of HUD Fair Market Rent + $3,000
With any of the three options above, require 1 month of increased assistance at HUD Fair Market Rent for

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
Just Cause Policies Council Tentative Majority/Consensus protected (vulnerable) populations including low-income tenants, seniors, individuals with disabilities, terminally ill tenants, and households with school-age children.

Effective period Protections begin on the date of move in TABLE 3: BOTH ORDINANCES
Both Ordinances Council Tentative Majority/Consensus
Enforcement Hearing officer and Civil Remedies
Rent Registry Fees
To be set in the fee resolution when staff returns to
council with proposed fee structure that incorporates
council’s policy directives.

Costs shown are estimates and in ranges. Staff will return in February to set the registry fees. Fees will fall in the following cost ranges:

Year 1 & 2:
 Partially covered units (subject to just cause
protections only): estimated to fall between $29
and $32 a unit
 Fully covered units (subject to rent stabilization
and just cause protections): estimated to fall
between $49 and $52 a unit
Rent Registry Pass-
Through
No pass-through of the rent registry fee from the property owner to tenants is allowed
The City Attorney has incorporated Council’s direction and prepared a draft ordinance (Attachment 1) that amends the Concord Municipal Code Chapter 19.40 to increase

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
“just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program.

The Council is being requested to adopt the attached ordinance after Council decides what relocation assistance formula is appropriate within the Ordinance.

Analysis
Council Questions of Staff
At its October 10, 2023, Council asked for more information on the certain topics.

Council’s questions, and staff’s response are provided below:

1. Retroactive Rent Adjustments. How would tenants who are due a rent repayment because their rent increase exceeded that allowed under the adopted ordinance (based on the retroactive effective date of the Ordinance of January 12, 2023) but who have vacated their units receive repayment?
Staff Response: Vacated tenants would need to contact their property manager/owner and request the refund. If after such an action, no repayment occurs, the former tenant may file a tenant petition with the City or file a civil action.

2. Temporary Relocation During a Substantial Rehabilitation. What happens if a comparable or superior unit becomes available, does the tenant have to move to this unit?
Staff Response: No, it is a tenant choice as to whether the accommodations are reasonably acceptable. The draft ordinance incorporates the following requirements based on the anticipated time period the tenant must be “out of the unit” to complete the Substantial Rehabilitation:
 If relocated for 30 days or fewer
Landlord must provide the Tenant a per diem payment if the Tenant will be temporarily displaced for thirty (30) days or fewer. The per diem payment amount shall be based on the Federal General Services Administration per diem rate for lodging and meals (M&IE Total) in Concord, Contra Costa County. These are effective at the start of the federal fiscal year (generally October 1).

Currently, these rates are as follows:
 Lodging: $165/day
 Meals: $74/day

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
 If relocated for 31 days or more
Tenant Options:
o Tenants receive temporary relocation assistance and retain right to return at same base rent with any authorized annual increases  Tenant must continue to pay their lease rate rent to the property owner with any allowed adjustments
Property Owner Options:
o Relocate tenant to a hotel (and pay necessary services and incidentals)
o Relocate tenant to a comparable or superior Dwelling Unit or temporary housing accommodations.

3. Fair Market Rent (FMR). How would the FMR be determined each year? Staff Response: The draft Ordinance proposes the use of the “HUD FMR Rent” as the fair market rent published by the U.S. Department of Housing and Urban Development for the applicable fiscal year for Contra Costa County. Contra Costa County, CA is part of the Oakland-Fremont, CA HUD Metro FMR Area, which consists of the following counties: Alameda County, CA; and Contra Costa County, CA. All information here applies to the entirety of the Oakland-Fremont, CA HUD Metro FMR Area.

Current HUD FMR rents for Contra Costa County are as follows in Table 4.

TABLE 4: THE FY 2023 AND 20241 OAKLAND-FREMONT, CA HUD METRO FMR

AREA FMRS FOR ALL BEDROOM SIZES
Year Efficiency 1-Bedroom 2-Bedroom 3-Bedroom 4-Bedroom FY 2023 $1,658 $1,969 $2,405 $3,144 $3,706
FY 2024 $1,825 $2,131 $2,590 $3,342 $3,954

4. Rent Registry. Would single-family homes and condominiums be required to register their unit?
Staff Response: It depends: Yes, if the home is rented. Participating in the registry is necessary as Council desires to extend the just cause for eviction protections to tenants renting single-family homes. No, if the home is owner occupied.
1 HUD Fair Market Rents are effective at the start of the federal fiscal year (generally October 1).

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023

5. Rent Registry. Could a property owner include their rent registry fees when filing a fair return on investment petition?
Staff Response: Yes, as it is a cost of providing rental housing in Concord.

6. General Question. Can staff provide a table comparing the City’s current regulations, current state law, and Council’s proposed new regulations? Staff Response: Yes, the requested table is Attachment 3 to this staff report.

Discussion of the Draft Ordinance
The draft amendments to Concord Municipal Code Chapter 19.40 Residential Tenant Protection Program incorporates Council’s feedback received through the October 10, 2023, Council meeting as noted in Tables 1-3 in the Background section of this report.

The amendments also include draft language for the policy options pertaining to Relocation Assistance. The Relocation Assistance Policy Options are presented below as is Council requested information on rental registry fee estimates:

Relocation Assistance
Per State Law AB 1482 and the City’s Residential Tenant Protection Program, no-fault just cause eviction provisions include:
 Owner intent to occupy unit
 Withdrawal of property from the rental market (also known as Ellis Act evictions)  Owner complying with government or court order to vacate a unit. Please note that tenants do not receive relocation assistance if they caused the conditions that trigger the order or need to vacate.
 Intent to demolish or substantially remodel the property or unit In no-fault just cause for eviction cases resulting in the permanent relocation of a tenant, Council has expressed a desire to increase the City’s current relocation assistance requirement from the greater of two month’s rent or $5,000, to one of the options below.

Staff is seeking direction on which one of the following three policy options Council would like to include in the updated policy:

1. Three (3) months of HUD Fair Market Rent

2. Three (3) months of HUD Fair Market Rent or $8,500 (greater of)

3. Three (3) months of HUD Fair Market Rent + $3,000
In each of these cases, Council has directed staff to include an additional one month of increased assistance at HUD Fair Market Rent for "vulnerable" populations including

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
tenants who are lower-income, disabled, seniors, terminally ill, and whose household contains school-aged children. Note: the ordinance does not use the term “vulnerable populations,” but employs the term “protected tenant.”
Rent Registry Program Fee Estimates
At its meeting on October 10, 2023, Council directed staff to return with estimates on the likely fees for a rent registry, incorporating all costs associated with the given policy direction for the rent stabilization and just cause programs.

The projected program costs and rent registry fee ranges for implementation are described below. These costs and fee ranges are estimates; staff will return to Council in February with proposed fee amounts to be adopted through amendments to the City’s Fee Resolution.

Year 1 & 2
 Program Implementation Cost Estimates: $730,000 - $770,000  Rent Registry Fee Range Estimates:
o Partially covered unit: $29 to $32 per unit
o Fully covered unit: $49 to $52 per unit
The costs of program administration are proposed to be allocated among three layers: a general “program” layer (calculated at 55% of costs), a “just cause for eviction” layer (20% of total costs), and a “rent stabilization” layer (25% of costs). Such allocations correspond with the amount of resources anticipated to be spent administering each component of the program. Table 5 illustrates this concept and identifies key example tasks associated with each program component. This list is not exhaustive; the tasks below are identified for illustrative purposes only.

TABLE 5. FEE LAYERS AND EXAMPLE ASSOCIATED TASKS
Program Layer (55%)
 Departmental administration and management
 Database development and maintenance
 Rent Registry administration
 Public education and outreach
 Housing counseling and legal services
 Billing and collection of the Rent Registry Fee

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
 Preparing reports
Just Cause for Eviction Layer (20%)
 Administration of permanent and temporary Relocation
Assistance provisions
 Administration of Ellis Act provisions
 Administration of eviction-related complaints
Rent Stabilization Layer (25%)
 Administration of petitions and hearings
Concord has approximately 18,100 residential rental units, 9,200 of which are fully- covered units that are subject to both the rent stabilization and the just cause for eviction provisions, and 8,900 of which are partially-covered units subject to just cause for eviction provisions only.

Program Costs
Total Year 1 and Year 2 costs are anticipated to be $730,000 to $770,000 annually.

These costs broken down and described in Table 6 and below.

TABLE 6: ESTIMATED PROGRAM COSTS
Activity Year 1 & Year 2
Staff $380,000 to $420,000
Rent Registry
Administration $90,000
Hearing Officer $190,000
Outreach and Education $20,000
Tenant/Landlord Housing
Counseling $50,000
Total $730,000 - $770,000
City Staff
City staff time would be required to administer the rent registration program and the rent stabilization and just cause for eviction policy provisions. These activities include, but are not limited to, compliance monitoring, processing petitions, work with a program administrator, drafting communication and conduction outreach/training with the public,

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
in-person housing counseling with the public, managing program contracts, and managing hearings and production of related reports. To fulfill these new responsibilities will require the addition of two new staff positions: a Housing Program Analyst position and an Administrative Secretary position. Additionally, the two existing Housing staff (the Housing Manager and the Housing Program Analyst). will continue to spend 25% of their time on the rent registry and tenant protection regulations, including the new rent stabilization and the enhanced just cause protections.

In other words, 2.5 staff positions are necessary to run the new programs, and 2 of the

2.5 positions will be new staff additions. New staff would need to be hired shortly after program adoption. Consequently, under the City Manager’s authority the City will begin recruitment for the two new positions immediately after program adoption by Council.

This will not be a conflict with the timing for the official actions by Council to add the positions to the budget and establish the program per unit charges because of the lead time necessary to fill new positions; Council will have acted before the positions are filled.

Residential Rent Registry Administration
The City’s current Residential Rent Registry Program covers multifamily properties with four or more units. The City’s third-party program administrator for the Rent Registry Program manages Concord’s rental property registration database, noticing property owners, registering property owners, payment processing, providing customer service and support to property owners, and assisting with the City’s reporting requirements.

The rent registry will continue to be run by a third party vendor on behalf of the City.

The contract for the new rent registry program will be brought before Council early in the new year.

In addition to providing for these above activities, the updated Rent Registry will incorporate Council’s policy directives for rent stabilization and just cause for eviction.

Updates to the Program will:
 Augment Concord’s rental property registration database to match the Council- approved covered units for both rent stabilization and just cause for eviction. o Fully-covered units subject to rent stabilization and just cause for eviction provisions total approximately 9,200 units
o Partially-covered units subject to just cause for eviction provisions only total approximately 8,900 units
 Identify any allowable rent adjustments due to tenant and fair return petitions.  Assist staff with generating reports and documentation for the Hearing Officer.

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
Hearing Officer Costs
Staff anticipates that a fair return petition hearing will cost the property owner approximately $5,000 per petition case. This estimate is based on real costs of hiring hearing officers for Concord’s Cannabis application appeals. Based on information from comparable jurisdictions, staff anticipates receiving an average of 40 petitions per year.

Please note that Fair Return petition costs are to be carried by the filing property owner and are not included in the cost estimates in the above table.

Outreach and Education
A new rent stabilization and just cause for eviction ordinance will require the creation of various documents and resources for public use including, but not limited to, petition and other legal forms, program and resource flyers, training materials for the rent registry, community workshop presentations, a program handbook, and frequently asked questions and a dedicated webpage. Many of these items will be translated into Spanish. An annual citywide educational program flyer will be mailed to every residential mailbox.

Tenant/Landlord Housing Counseling
Staff anticipates a significant and on-going need for program education, housing counseling, and legal services. For the City’s existing Housing programs and policies, this need is being met by staff and ECHO Housing. ECHO Housing is the designated service provider for the City’s Fair Housing and Tenant/Landlord services. They also provide legal services for the City through contracted attorneys.

Based on information collected from comparable jurisdictions, staff anticipates that ECHO Housing will receive a significant increased volume of communication and need for providing services to tenants and property owners, including legal support to tenants.

Next Steps
 February 2024: Return to Council with a modified Rent Registry fee schedule and budget adjustments for the new staff positions.
 December 2024: Return to Council with a six-month program update report  December 2024: Publish the 4th annual Rent Registry report which will be the first report under the new program (the 3rd annual report is anticipated to be published in January of 2024).

Financial Impact
The program is being designed to provide for full cost recovery so it is not anticipated to have a fiscal impact on the City. Staff anticipates that it may take a few years of experience to learn actual costs.

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City Council Agenda Report
Agenda Item No. 4.a
December 12, 2023
Public Contact
The City Council Agenda was posted. A Public Hearing Notice was published in the East Bay Times on December 1, 2023, and notice was sent by email to all individuals on the interested party list on November 21, 2023.

Attachments

1. Draft Ordinance Amending the Concord Municipal Code by amending Chapter

19.40 “Residential Tenant Protection Program”
Exhibit A: Amendment to Chapter 19.40, Residential Tenant Protection Program

2. Draft Redline Version of amended Chapter 19.40, Residential Tenant Protection Program

3. Comparison of Current Versus Proposed Policy – Revised after 11/22/23

4. Applicability of the Proposed Ordinance by Housing Type Chart – Added after 11/22/23

5. Correspondence Received

6. Correspondence Received from 11/22/23 up until 12:00 p.m. on 12/7/23

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Ord. No. 23-XX 1
ORDINANCE NO. 23-XX

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER

19.40 “RESIDENTIAL TENANT PROTECTION PROGRAM” TO INCREASE “JUST CAUSE” EVICTION PROTECTIONS, EXPAND THE CITY’S RENT

REGISTRY, AND ESTABLISH A RENT STABILIZATION PROGRAM
WHEREAS, on October 7, 2019, the Governor of the State of California signed AB 1482 into law. AB 1482 addresses a number of rental housing policies, including maximum rent increases, just cause eviction protections, and relocation assistance; and WHEREAS, on July 7, 2020, the City Council adopted Ordinance No. 20-7 adding Concord Municipal Code Chapter 19.40 "Residential Tenant Protection Program" to establish a Residential Tenant Protection Program that became effective August 28, 2020, and requires, among other things, relocation assistance for no-fault just cause evictions, and that tenants be provided a written lease with minimum lease terms; and
WHEREAS, on January 12, 2021, the City Council adopted Ordinance No. 20-10 amending Concord Municipal Code Chapter 19.40 "Residential Tenant Protection Program" by adding Section

19.40.110 "Rent Registry" establishing a Rent Registry Program that became effective July 1, 2021, and requires property owners to provide information on tenancy and rents; and WHEREAS, there presently exists a critical shortage of rental housing in the City. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents; and
WHEREAS, due to the shortage of rental units, rents in the City are increasing excessively. A substantial number of persons in the City who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent; and
WHEREAS, low- and moderate-income tenants have difficulty finding affordable housing after being displaced due to a rent increase; and
WHEREAS, the City Council desires to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their property; and.

Attachment 1

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Ord. No. 23-XX 2
WHEREAS, at a duly noticed public meeting held on January 12, 2023 as part of the City’s 6th Cycle Housing Element Update efforts, the City Council directed staff to prioritize development of a just cause for eviction and rent stabilization ordinance; and WHEREAS, based on such direction, City staff solicited and received input from property owner representatives on July 26, 2023 and from tenant representatives on July 27, 2023 (collectively, “Community Meetings”); and
WHEREAS, City staff also solicited responses from a broader group of tenants and property owners through the use of online surveys, from July 31 through August 20, 2023 (collectively, “Community Surveys”); and
WHEREAS, City staff further corresponded with affordable housing providers to better understand the potential impact of rent stabilization and just cause for eviction ordinances on these entities; and
WHEREAS, the City Council held duly noticed public meetings on September 5, September 12, and October 10, 2023 (collectively, “Study Sessions”), received input from the public, tenants and advocates, property owners and property owner representatives, City staff and consultants, and provided policy direction on development of a just cause for eviction and rent stabilization ordinance; and
WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held duly noticed public hearings on December 12, 2023, and January 9, 2024, on the proposed amendment of Concord Municipal Code Chapter 19.40 “Residential Tenant Protection Program” to increase “just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program as set forth in Exhibit A attached hereto and incorporated by reference (“Ordinance”), and declared their intent to approve and adopt the Ordinance; 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, reports, studies, memoranda, testimony, and community input received at the Community Workshops, Community Surveys, Study Sessions, and the public hearings on this Ordinance, the City of Concord Municipal Code, applicable City laws and

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Ord. No. 23-XX 3
regulations, and all other information that constitutes the record of proceedings upon which the City Council has based its decision and which are maintained at the offices of the City Clerk, 1950 Parkside Drive, MS/3 Concord, CA 94519 (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. Binding Findings. Pursuant to Civil Code Section 1946.2(g)(1)(B), the City Council hereby makes the following binding findings within this Ordinance that this Ordinance is more protective than the provisions of Civil Code Section 1946.2 because:
(a) The just cause for termination of a residential Tenancy under the Ordinance is consistent with or more protective than Civil Code Section 1946.2; and (b) the Ordinance provides additional tenant protections that are not prohibited by any other provision of law, because it provides for earlier and higher relocation assistance amounts than those available to tenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, limits the exemptions listed in Civil Code Section 1946.2 and in particular applies just cause for termination of a Tenancy to Dwelling Units regardless of when a certificate of occupancy is issued for the Dwelling Unit and protects Tenants upon commencement of the Tenancy; and (c) As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential Tenancy and Civil Code Section 1946.2. The Ordinance intends to cover those dwelling units defined as Covered Rental Units and to the extent such units are covered by the Ordinance, such units will not be subject to Civil Code Sections 1946.7 and 1947.12.

Section 3. 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

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Ord. No. 23-XX 4
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 4. Ordinance Information. The City Council has reviewed, considered, and evaluated all of the Ordinance Information prior to acting on the 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 5. Municipal Code Amendment. The City Council hereby approves and adopts the amendment to Concord Municipal Code Chapter 19.40 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. //
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Ord. No. 23-XX 5
Section 7. Publication and Effective Date. This Ordinance shall take effect 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 Council members. 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. __________________________________
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)
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Ord. No. 23-XX 6
Ordinance No. 23-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on December 12, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council held on January 9, 2024, 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.

By:

Joelle Fockler, MMC
City Clerk
Attachment: Exhibit A – Ordinance (Amendment to Chapter 19.40, Residential Tenant Protection Program)

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1 Chapter 19.40
Residential Tenant Protection Program
Sections

19.40.010 Binding Findings; Definitions; Citation.

19.40.020 General Applicability of Chapter; Exemptions.

19.40.030 Rent Stabilization.

19.40.040 Permitted Rent Increases for Covered Rental Units.

19.40.050 Rent Adjustment Petitions.

19.40.060 Annual Rental Registration.

19.40.070 Termination of Tenancy.

19.40.080 Relocation Assistance For No-Fault Termination Of Tenancy; Notice Of Curable Lease Violations.

19.40.090 Requirement to Offer Written Lease, Minimum Lease Terms.

19.40.100 Notice of Tenant Rights.

19.40.110 Procedures and Guidelines.

19.40.120 Remedies.

19.40.130 Waiver Prohibited.

19.40.140 Severability.

19.40.010 Binding Findings; Definitions; Citation.
(a) Binding Findings. Pursuant to Civil Code Section 1946.2(g)(1)(8), the City Council hereby makes the following binding findings within this Chapter, that this Chapter is more protective than the provisions of Civil Code Section 1946.2 because:
(1) The just cause for termination of a residential Tenancy under this Chapter is consistent with or more protective than Civil Code Section 1946.2; and (2) This Chapter provides additional tenant protections that are not prohibited by any other provision of law, because it provides for earlier and higher relocation assistance amounts than those available to Tenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, limits the exemptions listed in Civil Code Section 1946.2 and in particular applies just cause for termination of a Tenancy to Dwelling Units regardless of when a certificate of occupancy is issued for the Dwelling Unit and protects Tenants upon commencement of the Tenancy; and
(3) As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential Tenancy and Civil Code Section 1946.2. This Chapter intends to cover those Dwelling Units defined as Covered Rental Units and to the extent such Dwelling Units are covered by this Chapter, such Dwelling Units will not be subject to Civil Code Sections 1946.7 and 1947.12.

Exhibit A to Attachment 1

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2 (b) The City Council finds that there presently exists a critical shortage of rental housing in the City. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents.
(1) Due to the shortage of rental units, rents in the City are increasing excessively. A substantial number of persons in the City who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent. Further, low- and moderate-income Tenants have difficulty finding affordable housing after being displaced due to a rent increase. (2) The purposes of this Chapter are to promote long-term stability and certainty for Tenants in the rental market while providing Landlords an ability to receive a fair return on their Property. This Chapter regulates Rents and terminations of Tenancy, including requiring relocation assistance and affording a Tenant the right to return under certain circumstances. It requires Landlords to register Covered Rental Units, establishes an administrative hearing process, and provides for procedures and guidelines for the implementation of this Chapter. (c) Definitions. The following terms shall have the meaning provided below when used in this Chapter, whether plural or singular.
(1) "Accessory Dwelling Units" shall mean an accessory dwelling unit or a junior accessory dwelling unit as those terms are defined in Code Section 18.200.180. (2) “Allowable Annual Rent Increase” shall mean the annual rent increase as set forth in Section 19.40.040.
(3) “Base Rent” shall mean for Tenancies commenced on or before January 12, 2023, the Rent in effect on January 12, 2023, and for Tenancies commenced after January 12, 2023, the initial Rent charged upon initial occupancy, provided that amount is not in violation of this Chapter or any provision of State law.
(4) “Base Year” shall mean the 2022 calendar year.
(5) "City Council" shall mean the City Council of the City of Concord. (6) "City" shall mean the City of Concord.
(7) "Code" shall mean the Concord Municipal Code.
(8) "Covered Rental Unit" shall mean a Dwelling Unit located within the City not specifically exempted under Section 19.40.020(a) or 19.40.020(b).

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3 (9) "CPI" shall mean Consumer Price Index for all urban consumers for the San Francisco-Oakland-Hayward, California area, or any successor designation of that index that may later be adopted by the U.S. Department of Labor. Calculation of the CPI percentage will be determined by the City and set forth in its procedures and guidelines. (10) “Disabled” shall mean any mental or physical disability as defined in Government Code Section 12955.3. A “Disabled Tenant” is a Tenant who is disabled. (11) "Dwelling Unit" shall mean a dwelling unit, as defined under California Civil Code Section 1940(c), including joint living and work quarters, that is used or occupied in consideration of payment of Rent, and applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobilehomes rented to a Tenant, and any Accessory Dwelling Unit in the City. (12) "Ellis Act" shall mean California Government Code Sections 7060 – 7060.7. (13) “Fair Return Petition” shall mean a petition filed by a Landlord seeking a Fair Return Rent Increase pursuant to Section 19.40.050.
(14) “Fair Return Rent Increase” shall mean the amount by which Rent may be increased in accordance with an approved Fair Return petition submitted pursuant to Section

19.40.050.
(15) “Hearing Officer” shall mean an official appointed by the City Attorney to conduct an administrative hearing pursuant to this Chapter. (16) "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 Rental Agreement), 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 Dwelling Unit. (17) “HUD FMR Rent” shall mean the fair market rent published by the U.S.

Department of Housing and Urban Development for the applicable year for Contra Costa County (18) "Landlord" or “Owner” shall mean any person, acting as principal or through an agent, having the right to offer a Dwelling Unit for rent, and includes a predecessor in interest to the Landlord, except that this term does not include the Owner or operator of a mobile home park or his or her agent, but does include the Owner of a mobile home if the mobile home is offered for rent.

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4 (19) "Landlord's Family Member" shall mean a Landlord's parent, child, spouse or registered domestic partner, grandparent, grandchild.
(20) “Lawful Rent” shall mean the Base Rent for a Covered Rental Unit as such Base Rent may be increased by any Annual Allowable Rent Increase and any Fair Return Rent Increase permitted by this Chapter. Lawful Rent expressly excludes any Unlawful Rent. (21) “Lawful Rent Increase” shall mean the Annual Allowable Rent Increase together with any Fair Return Rent Increase permitted for the Covered Rental Unit as specified in this Chapter. Lawful Rent Increase expressly excludes any Unlawful Rent increase. (22) “Lower-Income Tenant” shall mean a person and family whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5.
(23) “Property” shall mean the property in which the Dwelling Unit or Units are located.
(24) “Protected Tenant” shall mean any Lower-Income Tenant, Disabled Tenant, Senior Tenant, Terminally Ill Tenant, and any Tenant whose household contains School-Aged Children.
(25) "Rent" shall mean all periodic payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the Landlord under a Rental Agreement concerning the use or occupancy of a Dwelling Unit and premises and attendant Housing Services, including all payment and consideration demanded or paid for parking, utility charges, pets, furniture, and other benefits, privilege or facility connected with the use or occupancy of the Dwelling Unit. (26) "Rental Agreement" shall mean an oral or written lease, sublease, or similar agreement between a Landlord and a Tenant for the lawful occupancy of a Dwelling Unit. (27) “School-Aged Child” or “School-Aged Children” shall mean any dependent child under the age of eighteen (18) living in the Tenant’s Covered Rental Unit and who attends a Mount Diablo Unified School District public school.
(28) “School Year” shall mean the first day of instruction for the fall semester through the last day of instruction for the Spring semester, as posted on the Mount Diablo Unified School District website.
(29) “Senior Tenant” shall mean a Tenant who is at least sixty-two (62) years of age or older as defined in Government Code Section 7060.4.
(30) "State" shall mean the State of California.

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5 (31) “Substantial Remodel” or “Substantially Remodel” shall mean either of the following that cannot be reasonably accomplished in a safe manner that allows the Tenant to remain living in the Covered Rental Unit and that requires the Tenant to vacate the Covered Rental Unit for at least thirty (30) consecutive days: (i) the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or (ii) the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Covered Rental Unit vacated, do not qualify as substantial remodel.
(32) "Tenancy" shall mean the lawful occupation of a Dwelling Unit and includes a lease or a sublease.
(33) "Tenant" shall mean a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a Rental Agreement to the use or occupancy of any Dwelling Unit. (34) “Terminally Ill Tenant” shall mean a Tenant who has a terminal disease as defined in California’s End of Life Option Act as any “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months” pursuant to Health and Safety Code Section 443.1 and which is verified in writing by the Tenant’s medical care provider.
(35) “Unlawful Rent” shall mean any Rent charged by a Landlord to and paid by a Tenant for a Covered Rental Unit which exceeds the Tenant’s Base Rent together plus any Lawful Rent Increase.
(d) Citation. This chapter may be referred to as the “Residential Tenant Protection Program” of the City of Concord. The words “this chapter” and “this Ordinance” are used interchangeably herein.

19.40.020 General Applicability of Chapter; Exemptions.

This Chapter shall apply to all Landlords and Tenants in Dwelling Units within the jurisdictional limits of the City, unless otherwise exempted by State law or the provisions of this Chapter. (a) Fully Exempt (Exempt from Both Rent Stabilization and Just Cause for Eviction). The following Dwelling Units are exempt from all provisions of this Chapter:
(1) Units in Hotels as defined in Code Section 3.15.220 which are rented primarily to Transients as defined in Code Section 3.15.220.
(2) Institutional Facilities. Housing accommodations in a hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of

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6 Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12 inclusive, school.
(4) Government Owned. Housing accommodations which are owned by a public agency or authority, or which are specifically exempted under State or federal law or administrative regulation.
(5) Dwelling Units in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Property. (6) Emergency shelters, and homeless shelters as defined in Code Section

18.200.070.
(7) Residential facility/ies, as defined in Code Section 18.20.020. (8) Other than Dwelling Units that are restricted via a regulatory agreement from the California Tax Credit Allocation Committee (i.e. low income housing tax credit financed Dwelling Units), Dwelling Units restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(9) Accessory Dwelling Units.
(b) Partially Exempt (Exempt from Rent Stabilization but subject to Just Cause for Eviction).

The following Dwelling Units are exempt from all Rent Stabilization provisions of this Chapter:
(1) Dwelling Units that are expressly exempt under State or federal law. This includes any Dwelling Unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995. For this purpose, a certificate of occupancy is the certificate issued before the Property is used for any residential purposes. (2) Any Dwelling Unit that is alienable separate (i.e., separately transferrable) from the title to any other Dwelling Unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5 (b), (d), or (f), including without limitation single family residences and condominiums, but excluding mobile homes offered for rent.

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7 19.40.030 Rent Stabilization.
(a) Subject to Section 19.20.020, and effective as of January 12, 2023, no Landlord shall charge Rent in an amount that exceeds the Base Rent plus any Lawful Rent Increases implemented by this Chapter.
(b) If a Landlord imposed a Rent increase on a Tenancy after January 12, 2023, the Landlord shall owe the Tenant a refund of such Rent increase paid by the Tenant, which refund shall be paid as follows:
(1) If the Landlord imposed a Rent increase on a Tenancy on or after September 1, 2023, the Landlord shall, no later than thirty (30) days after the effective date of this Ordinance, provide the Tenants entitled to a refund, written notice of the amount of the refund together with a full refund payment by cash or check.
(2) If the Landlord imposed a Rent increase on a Tenancy on or after January 12, 2023, but before September 1, 2023, the refund may, at Landlord’s election, be in the form of a rent credit or a cash payment. The Landlord shall, no later than thirty (30) days after the effective date of this Ordinance, provide the Tenants entitled to a refund written notice of the amount of the refund and the time period and method by which the refund shall be paid; provided, however, that in no event shall the time period over which the refund is paid exceed the total number of months during which the Rent increase was effective.

19.40.040 Permitted Rent Increases for Covered Rental Units. (a) A Landlord may impose an annual Rent increase for any Covered Rental Unit, as allowed in this Section after providing prior written notice to the Tenant of the Rent increase pursuant to California Civil Code Section 827, as may be amended.
(b) Notwithstanding the foregoing, a Landlord shall be prohibited from imposing an Allowable Annual Rent Increase, unless the Covered Rental Unit is registered with the City pursuant to Section 19.40.060, the Landlord is not delinquent in registry fees, accrued interest, fines, and penalties pursuant to former Section 19.40.110 (Rent Registry) and/or Section

19.40.060, as applicable, and has provided to the Tenant any refund owed pursuant to Section

19.40.030, if applicable.
(c) Allowable Annual Rent Increases. This Chapter shall limit annual Rent increases on Covered Rental Units to no more than sixty percent (60%) of the percentage increase in CPI published and reported in April of the current year, provided however in no event shall the Allowable Annual Rent Increase exceed three percent (3%). In the event that the percentage change in the CPI is negative, the Allowable Annual Rent Increase shall be zero percent (0%) The Allowable Annual Rent Increase shall be rounded to the nearest one-quarter of a percent.

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8 (d) Only one Allowable Annual Rent Increase and one Fair Return Rent Increase may be imposed on a Tenant household in any twelve (12) month period, unless otherwise permitted by this Chapter.
(e) Rent Increase Following Vacancy (Vacancy Decontrol). When a Tenant voluntarily moves out of a Covered Rental Unit, the Landlord may set the initial Rent for the next Tenant, without restriction, at the commencement of the new Tenancy. (f) Rent Banking Prohibited. A Landlord who does not impose an Allowable Annual Rent Increase or any portion thereof in the applicable twelve month period automatically waives that Allowable Annual Rent Increase or the remaining portion of that Allowable Annual Rent Increase for the remainder of the Tenancy.

19.40.050 Rent Adjustment Petitions.
(a) Fair Return Petitions. Landlords who believe they are not receiving a fair return on their Property may submit a Fair Return Petition to the City to request an increase in Rent beyond that which is permitted under Section 19.40.040.
(1) Nothing in this Section shall be interpreted to authorize any Lawful Rent Increase in any twelve month period for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code Section 1947.12, as may be amended. If a Hearing Officer awards a Landlord a Fair Return Rent Increase in excess of the maximum allowable Rent increase pursuant to this Section 19.40.050, the Landlord may carry forward any portion of the Fair Return Rent Increase that could not be taken to a subsequent year until the full Fair Return Rent Increase is imposed.
(2) No Fair Return Petition shall be deemed submitted or accepted until all of the following have occurred:
a. The Landlord has registered the Property and paid all current and past-due registration fees for the Property pursuant to former Section 19.40.110 (Rent Registry) and/or current Section 19.40.060, as applicable; and b. The Landlord has paid refunds owed to Tenants, if any, pursuant to Section 19.40.030.
(3) No Fair Return Rent Increases shall become effective until all of the following have occurred:
a. The Landlord has provided written notice of the Fair Return Rent Increase for the Covered Rental Unit in accordance with California Civil Code Section 827, as may be amended;
b. After a hearing is held, the Hearing Officer, in a written decision, grants the Fair Return Rent Increase; and

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9 c. All amounts due and payable to the City in connection with the Fair Return Petition and hearing have been paid in full.

(4) Standard for Approving a Fair Return Petition.
a. Fair Return. The Landlord has the right to obtain a net operating income equal to the Base Year net operating income adjusted by the percentage increase in the CPI since the Base Year. It shall be presumed that this standard provides a fair return. The current year CPI shall be the annual CPI for the calendar year preceding the calendar year the Fair Return Petition is filed. b. Base Year Net Operating Income Adjustment. The Landlord may present evidence to rebut the presumption of a fair return based on the Base Year net operating income based on either:
(i) exceptional expenses in the Base Year, including but not limited to extraordinary amounts expended for necessary maintenance and repairs, or unreasonably high or low expenses; or
(ii) exceptional circumstances in the Base Year, including but not limited to gross income that is lower than it might have been. (5) Notices Upon Submitting Petition.
a. Within five (5) calendar days after submission of a Landlord's Fair Return Petition to the City, the Landlord shall serve each affected Tenant with a notice of the Fair Return Petition via personal service or certified mail, return receipt requested.
b. Within ten (10) calendar days after service on each affected Tenant, the Landlord shall file with the City a proof of service, signed under penalty of perjury, stating that a copy of the petition was served upon each affected Tenant. (6) No Pass Through. Fees and costs incurred by a Landlord for making a Fair Return Petition may not be passed on to a Tenant but may be included as operating expenses for the calendar year in which they were incurred for purposes of determining net operating income.

Such fees and costs include, but are not limited to, attorney fees, accountant fees, and other similar professional services costs.
(b) Tenant Petitions. If a Landlord demands or retains Unlawful Rent for a Covered Rental Unit, a Tenant may file a petition to adjust the Rent to its lawful level. (1) Unlawful Rent. If a Tenant believes that the Landlord is demanding Unlawful Rent for a Covered Rental Unit, then the Tenant may submit a Tenant petition to the City.

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10 (2) Decrease in Housing Services. A decrease in Housing Services of a Covered Rental Unit, without a corresponding reduction in Rent, is considered an increase in Rent.

Before filing a petition with the City, a Tenant shall provide the Landlord all of the following (copies of which must be submitted with the Tenant petition):
a. Prior written notice identifying the decrease in Housing Services of a Covered Rental Unit; and
b. A reasonable opportunity to correct the issue(s).
(3) Notices Upon Submitting Petition.
a. Within five (5) calendar days after submission of a Tenant petition for rent adjustment to the City, the Tenant shall serve the Landlord with said petition via personal service or certified mail, return receipt requested. b. Within ten (10) calendar days after service on the Landlord, the Tenant shall file with the City a proof of service, signed under penalty of perjury, stating that a copy of the petition was served on the Landlord. (c) Petition Forms. Fair Return and Tenant petitions must be filed on petition forms prescribed by the City and accompanied by such supporting material as the City may require.

Each petition shall be made under penalty of perjury.
(d) Petition Fees.
(1) Fair Return Petitions.
a. Landlords filing a Fair Return Petition shall be responsible for all City costs associated with such petition, including, but not limited to the cost of the Hearing Officers, any costs associated with experts, inspection fees, and any other costs. The City shall provide the Landlord with an estimate of the costs at least 45 calendar days prior to the first date set for the hearing. The Landlord shall deposit with the City the full estimated cost of the hearing at least 30 calendar days prior to the first date set for the hearing. If the deposit is not timely received by the City, the hearing will be postponed, and the hearing shall not be rescheduled until such time as the deposit is received. City shall have the right to deduct costs incurred from the deposit. Upon the completion of the hearing, the City shall prepare a final invoice of hearing costs.
b. To the extent that the final invoice amount exceeds the amount deposited by the Landlord, the Landlord shall pay the difference to the City within 10 days of receipt of the final invoice. To the extent the final invoice amount is less than the amount deposited by the Landlord, the City shall issue a refund to the Landlord for the difference.

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11 c. The City will not issue the Hearing Officer’s final decision until the City has received full payment of the final invoice, and no Fair Return Rent Increase, if approved, may be imposed until full payment is received by the City. (2) Tenant Petitions. There shall not be any fee charged for Tenants filing a petition for a downward adjustment of Rent.
(e) Hearing Process.
(1) Upon receipt of a Fair Return or Tenant petition and the proof(s) of service that the petition has been served as provided above, the City shall appoint a Hearing Officer to conduct a hearing on the petition and to render a final decision on the merits of the petition, subject to this Chapter and any procedures and guidelines promulgated by the City Manager. (2) Each party to a petition shall receive sufficient advance notice of the time, date, and place of any hearing regarding the petition.
(3) The Hearing Officer may require either party to a petition to provide any books, records, and papers deemed pertinent.
(4) If the Hearing Officer finds good cause to believe that a building or other inspection would assist in resolving the issues raised in the petition, the Hearing Officer may conduct an inspection and/or request that the City conduct an inspection. Any party submitting a petition shall be required to cooperate with the City to grant and/or secure permission to conduct such inspection, within the constraints of applicable law; failure to do so shall be considered an automatic and voluntary withdrawal of that party’s petition upon written notice by the City thereof. The parties to the petition may be present during the inspection. (5) All hearings conducted pursuant to this Chapter shall be open to the parties and their designated representatives, but shall not be open to the public. (f) Assistance or Representation Authorized. All parties to a petition may seek assistance from attorneys, recognized tenant organization representatives, or any other person designated by said parties.
(g) Consolidation. All Fair Return Petitions pertaining to Tenants in the same Property shall be consolidated for determination. Tenant petitions for Rent adjustment from Tenants residing in the same Property may be consolidated at the election of the City, in its sole discretion. (h) Quantum of Proof and Notice of Decision. No petition shall be granted unless supported by the preponderance of the evidence submitted prior to and at the hearing. All parties to the petition shall be sent notice of the decision.
(i) Finality of Decision. The decision of the Hearing Officer shall be the final decision and shall not be appealable to the City Council. Any party disputing the final conclusions and

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12 findings of the Hearing Officer may seek review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.
(j) Time of Hearing and Decision. The City shall not be required to accept petitions until September 1, 2024. The City shall endeavor, but shall not be required, to schedule a hearing on a petition within ninety (90) days after submittal to the City of the petition and the proof(s) of service. A final decision on a petition shall be made within a reasonable time after the conclusion of the hearing.

19.40.060 Annual Rental Registration.
(a) Registration of Covered Rental Unit. On or before July 1 of each year, a Landlord shall register any Covered Rental Unit through the City’s designated rent registry portal, shall provide all required information, shall pay the required rent registry fees, and shall annually submit reports. To the extent that a Landlord has previously complied with the requirements of former Section 19.40.110 (Rent Registry), the Landlord shall on or before July 1, 2024, update the registration previously completed pursuant to former Section 19.40.110 to comply with the requirements of this Chapter.
(b) Rent Registry Fees. A Landlord shall pay the required rent registry fees as set forth in the City Council adopted Resolution Establishing Fees and Charges for Various Municipal Services.

The fees will be used to finance the cost of the rent registry and implementation and enforcement of this Chapter including, but not limited to, administrative time and costs, legal fees and costs, and any other expense incurred to implement, administer, or enforce this Chapter. (c) Late Fees, Penalty For Late Payment; Penalty For Incomplete Or False Information.

Should a Landlord fail to pay all or a portion of the rent registry fees, or provide incomplete or false information, the City may recover the outstanding amounts, plus accrued interest, fines, and penalties, utilizing any remedies provided by law or in equity, including municipal tax lien procedures established by ordinance or State law. Such sums shall be calculated as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services and applicable law, may be applied on a per-unit basis, and may be subject to adjustment by the City Attorney or Hearing Officer.
(d) Past Due Amounts. To the extent that a Landlord owes rental registry fees, accrued interest, fines, or penalties incurred prior to the effective date of this Ordinance, such amounts shall continue to be owed and continue to accrue. See also Sections 19.40.040(b) and

19.40.050(a)(2).

19.40.070 Just Cause for Eviction.
(a) This Section 19.40.070 shall apply to all Landlords and Tenants in Dwelling Units within the jurisdictional limits of the City, unless otherwise exempted by State law or the provisions of this Chapter. This Section 19.40.070 shall apply to all Landlords and Tenants in Dwelling Units

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13 within the jurisdictional limits of the City, unless otherwise exempted by State law or the provisions of this Chapter.
(b) When terminating a Tenancy For Cause or No-Fault, a Landlord must comply with all of the following:
(1) The Landlord must serve a written notice, to the Tenant that, in addition to any information required by federal or State law, the Landlord will terminate the Tenant's Tenancy because of at least one For Cause or No-Fault reason;
(2) The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Covered Rental Unit beyond the term of the terminated Tenancy in compliance with California Civil Code Sections 1945, 1946, and 1946.1, as may be amended; and
(3) The Landlord qualifies the termination as For Cause or No-Fault, as specified in this Section.
(c) For Cause Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Covered Rental Unit, the termination qualifies as a For Cause Termination:
(1) Default in the payment of Rent.
(2) A breach in the material term of the Rental Agreement, as described in paragraph (2) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the Rental Agreement after being issued a written notice to correct the violation. (3) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (4) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
(5) The Tenant had a written Rental Agreement, and after a written request or demand from the Landlord, the Tenant has refused to execute a written extension or renewal of the Rental Agreement for an additional term of similar duration with similar provisions, provided that those terms do not violate this Chapter or any other provision of law. (6) Criminal activity by the Tenant in the Covered Rental Unit or on the Property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, or criminal activity by the Tenant on or off the Property that is directed at other Tenants or the Landlord. (7) Assigning or subletting the Covered Rental Unit in violation of the Rental Agreement, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

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14 (8) The Tenant’s refusal to allow the Landlord to enter the Covered Rental Unit as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
(9) Using the Covered Rental Unit or any portion of the Property for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (10) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
(11) When the Tenant fails to deliver possession of the Covered Rental Unit after providing the Landlord written notice as provided in Section 1946 of the Civil Code of the Tenant’s intention to terminate the hiring of the Covered Rental Unit, or makes a written offer to surrender the Covered Rental Unit that is accepted in writing by the Landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
(d) No-Fault Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Covered Rental Unit, the termination qualifies as a No-Fault termination.
(1) Owner Move Ins. Intent to occupy the Covered Rental Unit by the Landlord or the Landlord’s Family Member.
a. A Landlord may not terminate a Tenancy based on intent to occupy the Covered Rental Unit by the Landlord or the Landlord’s Family Member if the intended occupant already occupies a Dwelling Unit on the Property or if a vacancy of a similar Dwelling Unit already exists at the Property. b. The written notice terminating a Tenancy pursuant to this subparagraph shall contain the name or names and relationship to the Landlord of the intended occupant. The written notice shall additionally include notification that the Tenant may request proof that the intended occupant is a Landlord or the Landlord’s Family Member. The proof shall be provided upon request and may include an operating agreement and other non-public documents.
c. This subparagraph (1) only applies if the intended occupant moves into the Covered Rental Unit within ninety (90) days after the Tenant vacates and occupies the Covered Rental Unit as a primary residence for at least twelve (12) consecutive months.
d. If the intended occupant fails to occupy the Covered Rental Unit within ninety (90) days after the Tenant vacates, or if the intended occupant fails to occupy the Covered Rental Unit as their primary residence for at least twelve (12)

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15 consecutive months, the Landlord shall offer the Covered Rental Unit to the Tenant who vacated it at the same Rent, subject to any Lawful Rent Increases, and rental terms in effect at the time the Tenant vacated. If Tenant re-occupies such Covered Rental Unit, Landlord shall reimburse the Tenant for reasonable moving expenses incurred. Such payment shall be in addition to any relocation assistance that was paid to the Tenant in connection with the termination notice. e. For a new Tenancy commenced during the time periods described in clause d, the Covered Rental Unit shall be offered and rented or leased at the Lawful Rent in effect at the time any notice of termination of Tenancy is served, subject to any Lawful Rent Increases.
f. A Landlord shall only be allowed to terminate a Tenancy pursuant to this subsection (1) if the Landlord meets one of the following:
(i) is a natural person that has at least 25 percent recorded ownership interest in the Property;
(ii) is a natural person who has any recorded ownership interest in the Property if 100 percent of the recorded ownership interest is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild; or
(iii) is a natural person whose recorded interest in the Property is owned through a limited liability company or partnership. g. As used in this subsection:
(i) “Natural person” includes any of the following:
(A) a natural person who is a settlor or beneficiary of a family trust; or
(B) if the Property is owned by a limited liability company or partnership, a natural person with a 25-percent ownership interest in the Property.
(ii) “Family trust” shall mean a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
(2) Ellis Act Evictions. Withdrawal of the Covered Rental Unit from the rental market is subject to the following conditions and requirements:
a. Landlord complies with all provisions of the Ellis Act, unless otherwise indicated in this Section.

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16 b. Not less than one hundred twenty (120) days from the date the Landlord intends to withdraw the Covered Rental Units in a Property or structure from the rental market, and after completion of all required proceedings, if any, the Landlord shall provide written notice of termination of Tenancy to all affected Tenants.
c. Landlord's notice to all affected Tenants shall contain the following information:
(i) That the Landlord is evicting the Tenant pursuant to this Subsection;
(ii) That within thirty (30) days of receipt of notice to terminate, the Tenant may notify the Landlord in writing that the Tenant would be interested in re-renting the Covered Rental Unit if any of the Covered Rental Units are re-offered for rent at a future time and advising the Tenant to notify the Landlord of future address changes; (iii) A description of the Tenant's rights;
(iv) The notice shall be accompanied by relocation assistance and any additional special assistance in accordance with Section 19.40.080; (v) A description of the Tenant's rights to relocation assistance and any other rights set forth in this Chapter; and
(vi) A self-addressed stamped postcard on which the Tenant may indicate, under penalty of perjury, whether they or a member of their household are a Protected Tenant and under which category (i.e., Lower- Income Tenant, Disabled Tenant, Senior Tenant, Terminally Ill Tenant, School-Aged Child/ren) they claim Protected Tenant status. d. A Senior Tenant or a Disabled Tenant who has resided in the Covered Rental Unit for at least one (1) year prior to the Landlord's notice of intent to withdraw the Covered Rental Unit in a Property from the residential rental market, and after receiving one hundred twenty (120) days written notice, may within sixty (60) days of receipt of the written notice of termination submit a written notice to the Landlord of Tenant’s status as a Senior or Disabled Tenant, in which event the notice of termination shall be extended to one year from the Tenant's date of notice.
(3) Government Orders. The Landlord is complying with any of the following:
a. An order issued by a government agency or court relating to habitability that necessitates vacating the Covered Rental Unit; or

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17 b. An order issued by a government agency or court to vacate the Covered Rental Unit; or
c. A local ordinance that necessitates vacating the Covered Rental Unit. (4) Intent to Demolish/Substantially Remodel. Intent to demolish or to Substantially Remodel the Covered Rental Unit.
a. For purposes of this subparagraph, a Tenant is not required to vacate the Covered Rental Unit on any days where a Tenant could continue living in the Covered Rental Unit without violating health, safety, and habitability codes and laws.
b. In order to terminate a Tenancy based on intent to demolish or to Substantially Remodel the Covered Rental Unit pursuant to this subparagraph, a Landlord must provide the Tenant with written notice pursuant to Civil Code Section 1946.1 which notice shall be in no less than 12-point type, shall be in English and Spanish and include all of the following information:
(i) A statement informing the Tenant of the Landlord’s intent to demolish the Property or Substantially Remodel the Covered Rental Unit or Property.
(ii) The following statement: “If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the Landlord must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the Landlord at the rental rate that was in effect at the time you vacated. You must notify the Landlord within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the Landlord of your acceptance of the offer.” (iii) A description of the Substantial Remodel to be completed, the approximate expected duration of the Substantial Remodel, or if the Property is to be demolished, the expected date by which the Property will be demolished, together with one of the following:

A. A copy of the permit or permits (or a written commitment from the applicable governmental agency that such permits are ready to be issued subject only to conditions requiring the Property or Covered Rental Unit to be vacant) required to undertake the Substantial Remodel or demolition; or

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18 B. If the notice is issued to abate hazardous materials and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the Landlord to complete the Substantial Remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.
(iv) A notification that the Tenant has the right to elect one or both of the following:

A. The right of first refusal to any vacant comparable or superior Dwelling Unit owned by the Landlord at the same Rent, if such comparable or superior vacant Dwelling Unit exists; and/or B. The first right to return to occupy the Covered Rental Unit upon completion of the repairs at the same Rent, subject to any Lawful Rent Increases, charged to the Tenant before the Tenant temporarily vacated the Covered Rental Unit.
c. In the event the Tenant elects to accept an offer to move to a comparable or superior vacant Dwelling Unit owned by the Landlord at the same Rent, the Tenant is not eligible for any relocation assistance pursuant to Section 19.40.080 herein; however, the length of the Tenancy shall continue to be calculated from the date the Tenant first entered into a Rental Agreement for the Covered Rental Unit from which the Tenant was displaced.
d. The phrase comparable or superior when used in connection with a Dwelling Unit or temporary housing shall mean a Dwelling Unit or temporary housing that is similar in size or larger, has the same number of bedrooms or additional bedrooms, is located in the City, has similar amenities as the Covered Rental Unit, such as parking, laundry facilities or exercise facilities, allows pets if the displaced Tenant has a pet, and as to a Disabled Tenant, is disability accessible and ADA compliant. The Tenant, in the Tenant’s reasonable discretion may waive any of these factors in deciding whether the Dwelling Unit or temporary housing offered is comparable or superior.
(e) Tenant's Right of First Return to a Covered Rental Unit. (1) Right of First Return. All Tenants whose Tenancy is terminated based upon a basis enumerated in Section 19.40.070(d)(1)-(4) shall have the first right to return to the Tenant’s original Covered Rental Unit if the Covered Rental Unit is returned to the market by the Landlord or the Landlord’s successor. Rent for such Covered Rental Unit shall be the Rent lawfully paid by the Tenant at the time the Landlord gave notice of termination, subject to any Lawful Rent Increases, unless otherwise specified herein. (2) Return Within Five (5) Years. A Tenant of a Covered Rental Unit whose Tenancy was terminated in accordance with Section 19.40.070(d)(2) is entitled to receive notice

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19 of the first right to return to rent the same Covered Rental Unit at the Rent previously charged for the Covered Rental Unit, subject to any Lawful Rent Increases. A Tenant may return to the Covered Rental Unit if:
a. The Tenant has provided the Landlord a current mailing address and/or email address and keeps those addresses updated, at which to receive notice from Landlord that Covered Rental Unit is available; and
b. The Landlord returns the Covered Rental Unit to the residential rental market within five (5) years after the effective date of withdrawal of a Property containing the Covered Rental Unit from the residential rental market. (3) Return Within Ten (10) Years. A Landlord of a Property containing a Covered Rental Unit that was withdrawn from the residential rental market within the previous ten (10) years must provide one hundred twenty (120) days written notice to the previous Tenants of the Landlord's intent to return the Covered Rental Unit to the residential rental market. (4) Any Tenant displaced from a Covered Rental Unit in connection with the withdrawal of a Property containing a Covered Rental Unit from the residential rental market may request the first right of return from the Landlord within thirty (30) days of receipt of a Landlord's written notice of intent to return the Covered Rental Unit to the residential rental market.
(5) Recordation of Memorandum. Any Landlord withdrawing a Property containing Covered Rental Units from the rental market shall record a memorandum on a City approved form in the Official Records of Contra Costa County encumbering the property where the Dwelling Unit is located within ten (10) days of providing notice to the Tenants of the Landlord's intent to withdraw the Dwelling Units from the residential rental market. The memorandum must be executed by the fee owner(s) of the Property.
a. The memorandum shall summarize the obligations of the fee owner and Landlord, and any successor in interest to the fee owner and Landlord related to the Property including the Tenant's right to be notified upon Covered Rental Units being returned to the residential rental market.
b. The summary memorandum must encumber the Property for ten (10) years from the date of Covered Rental Units are withdrawn. c. The Landlord shall deliver to the City a conformed copy of the recorded memorandum within sixty (60) days after filing its notice to withdraw with the City.
(f) School Year Evictions.

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20 a. It shall be a defense to a no-fault eviction if a School-Aged Child resides in the Covered Rental Unit, if the effective date of the notice of termination of Tenancy falls during the School Year.
b. Within thirty (30) days of service of the notice of termination of Tenancy, the Tenant must submit a statement with supporting evidence to the Landlord if the Tenant claims to have a School-Aged Child residing in the Covered Dwelling Unit; this information is required in addition to Tenant’s return of the postcard referenced in Section 19.40.070(e)(2)c.(vi). The notice of termination of Tenancy shall contain a warning that a Tenant’s failure to submit such statement within thirty (30) days of receipt of the notice shall be deemed an admission that the Tenant is not protected from eviction pursuant to this Subsection (f). c. A Landlord may challenge a Tenant’s claim of protected status pursuant to this Subsection (f) through commencement of the eviction proceeding.

19.40.080 Relocation Assistance For No-Fault Termination Of Tenancy; Notice Of Curable Lease Violations.
(a) Relocation Assistance for No-Fault Terminations.
(1) For a Tenancy for which just cause is required to terminate the Tenancy under Section 19.40.070, if a Landlord issues a termination notice for a no-fault reason the Landlord shall, regardless of the Tenant’s income, assist the Tenant to relocate by providing a direct payment to the Tenant as described in Subsection (a)(3), below, and the Landlord shall notify the Tenant of the Tenant’s right to relocation assistance and the amount of the relocation assistance at the time the Landlord issues the notice of termination. (2) Permanent Relocations. When relocation assistance is required by this Section to Tenants who are evicted pursuant to Section 19.40.070(d), the Landlord must make relocation assistance payments as follows:
a. Non-Protected Tenant Relocation Payment. If the Tenancy is terminated pursuant to Section 19.40.070(d)(1)-(3), or pursuant to Section 19.040.070(d)(4) with the intent to demolish the Covered Rental Unit, the Landlord shall pay to the Tenant relocation assistance in the amount of the greater of three times the HUD FMR Rent for the most similar unit type based on the number of bedrooms or $8,500.
b. Protected Tenant Relocation Payment. If one of the Tenants living in the Covered Rental Unit from which the Tenants are displaced is a Protected Tenant, then all Tenants living in the Covered Rental Unit are collectively entitled to receive additional relocation assistance in the amount of one additional month of the applicable HUD FMR Rent.

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21 c. Payment Process. For permanent relocation assistance, the Landlord shall provide one-half of the relocation assistance owed to the Tenant within 15 calendar days of service of the notice of termination. The remaining relocation assistance shall be paid to the Tenant in cash no later than the date the Tenant vacates the Covered Rental Unit.
d. Refund of Security Deposit. A Landlord must refund to the Tenant any security deposit paid by the Tenant. A Landlord may withhold any properly itemized deductions from the security deposit in accordance with California Civil Code Section 1950.5.
(3) Temporary Relocations. A Landlord must pay temporary relocation assistance to Tenants of a Covered Rental Unit who are temporarily displaced due to Substantial Remodel of Covered Rental Unit:
a. Thirty (30) Days or Fewer. A Landlord must provide the Tenant a per diem payment if the Tenant will be temporarily displaced for thirty (30) days or fewer. The Landlord shall pay to the Tenant the full amount of the per diem payment when the Tenant temporarily vacates the Covered Rental Unit. b. Thirty-One (31) Days or More. If Tenant does not make an election pursuant to 19.40.070(d)(4)c., a Landlord must provide the Tenant either a per diem payment or comparable or superior temporary housing, if available. c. Duration Extended. In the event the duration of the temporary relocation is longer than anticipated, the Landlord shall continue to pay to the Tenant the per diem relocation assistance payments on a weekly basis or continue to provide the Tenant with the comparable or superior temporary housing until the Tenant is able to return to the Covered Rental Unit.
d. Per-Diem Amount. The per diem payment amount shall be based on the Federal General Services Administration per diem rate for lodging and meals (M&IE total) in Concord, Contra Costa County, which is updated on a yearly basis.
e. Rent Due. For temporary relocation assistance where the Landlord is providing comparable or superior temporary housing or making a per diem payment, the Tenant shall continue to pay the Lawful Rent to the Landlord for the Covered Rental Unit
f. Refund of Security Deposit. A Landlord shall not be required refund to the Tenant any security deposit paid by the Tenant in connection with a temporary relocation.

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22 (b) No Waiver. Subject to Tenant’s elections under 19.40.070(d)(4)c., a Tenant cannot waive their right to receive relocation assistance required by this Chapter. (c) Coordination With Other Relocation Benefits. If a Tenant receives, as part of the termination of Tenancy, relocation assistance from a governmental agency, then the amount of that relocation assistance shall operate as a credit against any relocation payment to be paid to the Tenant under this Section.

19.40.090 Requirement to Offer Written Lease; Minimum Lease Terms. (a) One-Year Lease Term. If a prospective Tenant wishes to rent a Dwelling Unit from a Landlord and if said Landlord wishes to rent said Dwelling Unit to said prospective Tenant, the Landlord must offer to the prospective Tenant a written lease which has a minimum term of one year. Such offer must be made in writing. If the prospective Tenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing. Signing a lease which has a minimum term of one year will be considered an offer if signed by the Landlord, and an acceptance if countersigned by the prospective Tenant. If the prospective Tenant rejects the offer for a written lease which has a minimum term of one year, such rejection must be in writing.
(b) Six-Month Lease Term. If the prospective Tenant rejects the offer for a written lease which has a minimum term of one year as provided in Section 19.40.090(a), but the prospective Tenant continues to wish to rent said Dwelling Unit from said Landlord, said Landlord must offer to said prospective Tenant a written lease which has a minimum term of six months. Such offer must be made in writing. If said prospective Tenant accepts the offer of a written lease which has a minimum term of six months, this acceptance must be in writing. Signing a lease which has a minimum term of six months will be considered an offer if signed by said Landlord, and an acceptance if countersigned by said prospective Tenant. If said prospective Tenant rejects the offer for a written lease which has a minimum term of six months, such rejection must be in writing.
(c) Shorter Term. If said prospective Tenant rejects the offer for a written lease which has a minimum term of six months as provided in Section 19.40.090(b), said Landlord and said prospective Tenant may then enter into a written lease that provides for a term of fewer than six months.
(d) Renewal of Lease. If both the Landlord and Tenant wish to continue the Tenancy, upon the expiration of a Rental Agreement which has a minimum term of one year or six months, a written Rental Agreement shall be offered again in accordance with the procedures set forth in Sections 19.40.090(a)-(c). The Landlord shall have no obligation to re-offer a Tenant a one-year or six-month lease term if the Tenant has previously rejected such offers in accordance with the procedures set forth in Sections 19.40.090(a)-(c), and has a Rental Agreement with a term of fewer than six months.
(e) Existing Tenancies. Any Tenant renting a Dwelling Unit may request a written lease with a minimum term of either one year or six months, provided such Tenant has not previously

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23 received a written notice of Rental Agreement violation pursuant to Code of Civil Procedure Section 1161 and such violation remains uncured. The Tenant shall do so via written notice to the Landlord. The Landlord shall, upon receipt of such notice, offer to said Tenant a written Rental Agreement on terms substantially similar to those of the existing rental arrangement (except as to length of term) in accordance with the procedures set forth in this section, as applicable.
(f) Exemptions. This section shall not apply to Dwelling Units that are exempt from the just cause eviction protections set forth in Section 19.40.070.

19.40.100 Notice of Tenant Rights.
(a) A Landlord subject to this Chapter shall provide notice to the Tenant as follows:
(1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the Rental Agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant.
(2) For any Tenancy existing prior to the effective date of this Ordinance, by written notice to the Tenant no later than 180 days after the effective date of the Ordinance adopting this Chapter, or as an addendum to the Rental Agreement.
(b) The notification and Rental Agreement provision shall be in no less than 12-point type, shall be in English and Spanish, and shall include the following:

Concord law limits the amount your rent can be increased. See Chapter 19.40 of the Concord Municipal Code for more information. Concord law also provides that, a Landlord must provide a statement of cause in any notice to terminate a Tenancy. See Section 19.40 070 of the Concord Municipal Code for more information. In addition, City of Concord Municipal Code Section 19.40.080 provides tenants evicted on a no-fault basis with the right to relocation payments; see City of Concord Municipal Code Section

19.40.080 for more information.

City of Concord Municipal Code Section 19.40.090 provides tenants with the right to written leases and minimum lease terms. Landlords must offer tenants the option to enter into a one (1) year written lease. If a tenant declines a one (1) year written lease, the landlord must offer that tenant the option to enter into a six (6) month written lease. It is the tenant’s choice whether or not to enter into such a written lease with a landlord. If tenant rejects the initial offers of a written lease with a minimum lease term of 12 or 6 months, the tenant and landlord may enter into a written lease with a term of fewer than 6 months. See City of Concord Municipal Code Section 19.40.090 for more information.

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24 (c) Manner. Landlords must provide the notice to Tenants in writing if the application and Rental Agreement are processed in writing, electronically if the application and/or Rental Agreement are processed electronically, or both if both methods are utilized. The provision of the notice shall be subject to Civil Code Section 1632.

19.40.110 Procedures and Guidelines.

The City Manager is hereby delegated the authority to promulgate procedures and guidelines to aid in the implementation of this Chapter.

19.40.120 Remedies.
(a) Remedies and penalties.
(1) If a Landlord 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 $2,000, and no more than $5,000, per violation, at the discretion of the court. If the aggrieved Tenant is a Senior Tenant or a Disabled Tenant, the court may award an additional civil penalty of up to $5,000 per violation, at the discretion of the court.
(2) 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 times actual damages suffered by an aggrieved Tenant (including damages for mental or emotional distress), or for minimum damages in the sum of $1,000, 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 tripled if the trier of fact finds that the defendant Landlord acted in knowing violation of or in reckless disregard of this Chapter. (b) 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 triple damages. (c) 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 a Landlord who prevails in any such action if the court determines that the Tenant’s action was frivolous. (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.
(e) No administrative remedy need be exhausted prior to filing suit pursuant to this Chapter.

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25 19.40.130 Waiver Prohibited.

Any waiver of rights under this Chapter shall be void as contrary to public policy.

19.40.140 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.

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1 Chapter 19.40

RESIDENTIAL TENANT PROTECTION PROGRAM
Residential Tenant Protection Program
Sections:

19.40.010 Binding findings; definitions; citationFindings; Definitions; Citation.

19.40.020 Relocation assistance for no-fault just cause evictions; notice General Applicability of curable lease violationsChapter; Exemptions.

19.40.030 Requirement to offer written lease; minimum lease terms Rent Stabilization.

19.40.040 Notice of tenant rights Permitted Rent Increases for Covered Rental Units .

19.40.050 Landlord retaliation prohibited Rent Adjustment Petitions .

19.40.060 Nonwaiver Annual Rental Registration .

19.40.070 Remedies Termination of Tenancy .

19.40.080 Severability.

19.40.080 Relocation Assistance For No-Fault Term ination Of Tenancy; Notice Of Curable Lease Violations.

19.40.090 Term Requirement to Offer Written Lease, Minimum Lease Terms.

19.40.100 Notice of Tenant Rights .

19.40.110 Rent registry Procedures and Guidelines .

19.40.120 Remedies.

19.40.130 Waiver Prohibited.

19.40.140 Severability.

19.40.010 Binding findings; definitions; citationFindings; Definitions; Citation. (a) (a) Binding Findings. Pursuant to Civil Code Section 1946.2(g)(1)(8), the City Council hereby makes the following binding findings within this chapterChapter, that this chapterChapter is more protective than the provisions of Civil Code Section 1946.2 because:
(1)
(1) The just cause for termination of a residential tenancyTenancy under this chapterChapter is consistent with or more protective than Civil Code Section 1946.2, because it incorporates that section by reference into this chapter; and (2)
(2) This chapterChapter provides additional tenant protections that are not prohibited by any other provision of law, because it provides for earlier and higher relocation assistance amounts than those available to tenantsTenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, and provideslimits the just cause protections of exemptions listed in Civil Code Section 1946.2 to tenants renting a mobile home (as defined in Health and Safety Code Section 18211, or any amendment which may be made to that section from time to time);in particular applies just cause for termination of a Tenancy to Dwelling Units regardless of when a certificate of occupancy is issued for the Dwelling Unit and protects Tenants upon commencement of the Tenancy; and (3) The provisions of Civil Code Section 1946.2 are incorporated into this chapter by reference. Except as provided expressly herein, this chapter is not intended to alter in any other way any protections provided to tenants by Civil Code Section 1946.2, and shall cover those tenants of residential real property in Concord that are covered by Civil Code Section 1946.2, except that this chapter shall extend the just cause protections set forth in Civil Code Section 1946.2 to tenants renting a mobile home.

Attachment 2

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2 (4)
(3) As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancyTenancy and Civil Code Section 1946.2. This chapter incorporates Civil Code Section 1946.2 by reference,Chapter intends that Civil Code Section 1946.2 apply to residential tenants cover those Dwelling Units defined as Covered Rental Units and to the extent such Dwelling Units are covered by Civil Code Section 1946.2 as well as tenants renting a mobile home in the City of Concord, and that those provisions of this chapter which differ fromChapter, such Dwelling Units will not be subject to Civil Code SectionSections 1946.2 supplement7 and are more protective of residential tenants than Civil Code Section 1946.21947.12.
(5) The provisions of Civil Code Section 1947.12 are incorporated into this chapter by reference. (b) Definitions. For the purposes of this chapter, the following definitions shall apply:
(1) Owner
(b) The City Council finds that there presently exists a critical shortage of rental housing in the City. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents.

(1) Due to the shortage of rental units, rents in the City are increasing excessively. A substantial number of persons in the City who reside in rental units spend a high percentage of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent. Further, low- and moderate-income Tenants have difficulty finding affordable housing after being displaced due to a rent increase.

(2) The purposes of this Chapter are to promote long-term stability and certainty for Tenants in the rental market while providing Landlords an ability to receive a fair return on their Property. This Chapter regulates Rents and terminations of Tenancy, including requiring relocation assistance and affording a Tenant the right to return under certain circumstances. It requires Landlords to register Covered Rental Units, establishes an administrative hearing process, and provides for procedures and guidelines for the implementation of this Chapter.

(c) Definitions. The following terms shall have the meaning provided below when used in this Chapter, whether plural or landlordsingular.

(1) "Accessory Dwelling Units" shall mean an accessory dwelling unit or a junior accessory dwelling unit as those terms are defined in Code Section 18.200.180.

(2) “Allowable Annual Rent Increase” shall mean the annual rent increase as set forth in Section 19.40.040.

(3) “Base Rent” shall mean for Tenancies commenced on or before January 12, 2023, the Rent in effect on January 12, 2023, and for Tenancies commenced after January 12, 2023, the initial Rent charged upon initial occupancy, provided that amount is not in violation of this Chapter or any provision of State law.

(4) “Base Year” shall mean the 2022 calendar year.

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3 (5) "City Council" shall mean the City Council of the City of Concord.

(6) "City" shall mean the City of Concord.

(7) "Code" shall mean the Concord Municipal Code.

(8) "Covered Rental Unit" shall mean a Dwelling Unit located within the City not specifically exempted under Section 19.40.020(a) or 19.40.020(b).

(9) "CPI" shall mean Consumer Price Index for all urban consumers for the San Francisco-Oakland-Hayward, California area, or any successor designation of that index that may later be adopted by the U.S. Department of Labor. Calculation of the CPI percentage will be determined by the City and set forth in its procedures and guidelines.

(10) “Disabled” shall mean any mental or physical disability as defined in Government Code Section 12955.3. A “Disabled Tenant” is a Tenant who is disabled.

(11) "Dwelling Unit" shall mean a dwelling unit, as defined under California Civil Code Section 1940(c), including joint living and work quarters, that is used or occupied in consideration of payment of Rent, and applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobilehomes rented to a Tenant, and any Accessory Dwelling Unit in the City.

(12) "Ellis Act" shall mean California Government Code Sections 7060 – 7060.7.

(13) “Fair Return Petition” shall mean a petition filed by a Landlord seeking a Fair Return Rent Increase pursuant to Section 19.40.050.

(14) “Fair Return Rent Increase” shall mean the amount by which Rent may be increased in accordance with an approved Fair Return petition submitted pursuant to Section

19.40.050.

(15) “Hearing Officer” shall mean an official appointed by the City Attorney to conduct an administrative hearing pursuant to this Chapter.

(16) "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 Rental Agreement), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or

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4 tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any Dwelling Unit.

(17) “HUD FMR Rent” shall mean the fair market rent published by the U.S.

Department of Housing and Urban Development for the applicable year for Contra Costa County

(18) "Landlord" or “Owner” shall mean any person, acting as principal or through an agent, having the right to offer residential real property a Dwelling Unit for rent, and includes a predecessor in interest to the ownerLandlord, except that this term does not include the ownerOwner or operator of a mobile home park or his or her agent, but does include the ownerOwner of a mobile home or his or her agent if the mobile home is offered for rent. (2) Rent
(19) "Landlord's Family Member" shall mean a Landlord's parent, child, spouse or registered domestic partner, grandparent, grandchild.

(20) “Lawful Rent” shall mean the Base Rent for a Covered Rental Unit as such Base Rent may be increased by any Annual Allowable Rent Increase and any Fair Return Rent Increase permitted by this Chapter. Lawful Rent expressly excludes any Unlawful Rent.

(21) “Lawful Rent Increase” shall mean the Annual Allowable Rent Increase together with any Fair Return Rent Increase permitted for the Covered Rental Unit as specified in this Chapter. Lawful Rent Increase expressly excludes any Unlawful Rent increase.

(22) “Lower-Income Tenant” shall mean a person and family whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5.

(23) “Property” shall mean the property in which the Dwelling Unit or Units are located.

(24) “Protected Tenant” shall mean any Lower-Income Tenant, Disabled Tenant, Senior Tenant, Terminally Ill Tenant, and any Tenant whose household contains School-Aged Children.

(25) "Rent" shall mean all periodic payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the tenantLandlord under a rental agreementRental Agreement concerning the use andor occupancy of a residential real propertyDwelling Unit and premises and all attendant housing servicesHousing Services, including all paymentspayment and consideration demanded or paid for parking, utility charges, pets, furniture, and other benefits, privilege or facility connected with the use or occupancy of the residential real propertyDwelling Unit. (3) 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” and, for purposes of this chapter, shall specifically include mobile homes but shall not include a “mobile home lot” or “mobile home space” as those terms are defined and/or used under Chapter 15.105 (Mobile Home Parks).

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5 (4) 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)
(26) "Rental Agreement" shall mean an oral or written lease, sublease, or similar agreement between a Landlord and a Tenant for the lawful occupancy of a Dwelling Unit.

(27) “School-Aged Child” or “School-Aged Children” shall mean any dependent child under the age of eighteen (18) living in the Tenant’s Covered Rental Unit and who attends a Mount Diablo Unified School District public school.

(28) “School Year” shall mean the first day of instruction for the fall semester through the last day of instruction for the Spring semester, as posted on the Mount Diablo Unified School District website.

(29) “Senior Tenant” shall mean a Tenant who is at least sixty-two (62) years of age or older as defined in Government Code Section 7060.4.

(30) "State" shall mean the State of California.

(31) “Substantial Remodel” or “Substantially Remodel” shall mean either of the following that cannot be reasonably accomplished in a safe manner that allows the Tenant to remain living in the Covered Rental Unit and that requires the Tenant to vacate the Covered Rental Unit for at least thirty (30) consecutive days: (i) the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or (ii) the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the Covered Rental Unit vacated, do not qualify as substantial remodel.

(32) "Tenancy" shall mean the lawful occupation of a Dwelling Unit and includes a lease or a sublease.

(33) "Tenant" shall mean a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a Rental Agreement to the use or occupancy of any Dwelling Unit.

(34) “Terminally Ill Tenant” shall mean a Tenant who has a terminal disease as defined in California’s End of Life Option Act as any “incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, result in death within six months” pursuant to Health and Safety Code Section 443.1 and which is verified in writing by the Tenant’s medical care provider.

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6 (35) “Unlawful Rent” shall mean any Rent charged by a Landlord to and paid by a Tenant for a Covered Rental Unit which exceeds the Tenant’s Base Rent together plus any Lawful Rent Increase.

(d) Citation. This chapter may be referred to as the “Residential Tenant Protection Program” of the City of Concord. The words “this chapter” and “this ordinanceOrdinance” are used interchangeably herein.
(Ord. No. 20-7, § 4 (Exh. A))

19.40.020 General Applicability of Chapter; Exemptions.

(1) Units in Hotels as defined in Code Section 3.15.220 which are rented primarily to Transients as defined in Code Section 3.15.220.

(2) Institutional Facilities. Housing accommodations in a hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.

(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12 inclusive, school.

(4) Government Owned. Housing accommodations which are owned by a public agency or authority, or which are specifically exempted under State or federal law or administrative regulation.

(5) Dwelling Units in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the Property.

(6) Emergency shelters, and homeless shelters as defined in Code Section

18.200.070.

(7) Residential facility/ies, as defined in Code Section 18.20.020.

(8) Other than Dwelling Units that are restricted via a regulatory agreement from the California Tax Credit Allocation Committee (i.e. low income housing tax credit financed Dwelling Units), Dwelling Units restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for

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7 persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.

(9) Accessory Dwelling Units.

(b) Partially Exempt (Exempt from Rent Stabilization but subject to Just Cause for Eviction).

The following Dwelling Units are exempt from all Rent Stabilization provisions of this Chapter:

(1) Dwelling Units that are expressly exempt under State or federal law. This includes any Dwelling Unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995. For this purpose, a certificate of occupancy is the certificate issued before the Property is used for any residential purposes.

(2) Any Dwelling Unit that is alienable separate (i.e., separately transferrable) from the title to any other Dwelling Unit, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5 (b), (d), or (f), including without limitation single family residences and condominiums, but excluding mobile homes offered for rent.

19.40.030Relocation Rent Stabilization.
(a) Subject to Section 19.20.020, and effective as of January 12, 2023, no Landlord shall charge Rent in an amount that exceeds the Base Rent plus any Lawful Rent Increases implemented by this Chapter.

(b) If a Landlord imposed a Rent increase on a Tenancy after January 12, 2023, the Landlord shall owe the Tenant a refund of such Rent increase paid by the Tenant, which refund shall be paid as follows:

(1) If the Landlord imposed a Rent increase on a Tenancy on or after September 1, 2023, the Landlord shall, no later than thirty (30) days after the effective date of this Ordinance, provide the Tenants entitled to a refund, written notice of the amount of the refund together with a full refund payment by cash or check.

(2) If the Landlord imposed a Rent increase on a Tenancy on or after January 12, 2023, but before September 1, 2023, the refund may, at Landlord’s election, be in the form of a rent credit or a cash payment. The Landlord shall, no later than thirty (30) days after the effective date of this Ordinance, provide the Tenants entitled to a refund written notice of the amount of the refund and the time period and method by which the refund shall be paid; provided, however, that in no event shall the time period over which the refund is paid exceed the total number of months during which the Rent increase was effective.

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8 19.40.040 Permitted Rent Increases for Covered Rental Units. (a) A Landlord may impose an annual Rent increase for any Covered Rental Unit, as allowed in this Section after providing prior written notice to the Tenant of the Rent increase pursuant to California Civil Code Section 827, as may be amended.

(b) Notwithstanding the foregoing, a Landlord shall be prohibited from imposing an Allowable Annual Rent Increase, unless the Covered Rental Unit is registered with the City pursuant to Section 19.40.060, the Landlord is not delinquent in registry fees, accrued interest, fines, and penalties pursuant to former Section 19.40.110 (Rent Registry) and/or Section

19.40.060, as applicable, and has provided to the Tenant any refund owed pursuant to Section

19.40.030, if applicable.

(c) Allowable Annual Rent Increases. This Chapter shall limit annual Rent increases on Covered Rental Units to no more than sixty percent (60%) of the percentage increase in CPI published and reported in April of the current year, provided however in no event shall the Allowable Annual Rent Increase exceed three percent (3%). In the event that the percentage change in the CPI is negative, the Allowable Annual Rent Increase shall be zero percent (0%) The Allowable Annual Rent Increase shall be rounded to the nearest one-quarter of a percent.

(d) Only one Allowable Annual Rent Increase and one Fair Return Rent Increase may be imposed on a Tenant household in any twelve (12) month period, unless otherwise permitted by this Chapter.

(e) Rent Increase Following Vacancy (Vacancy Decontrol). When a Tenant voluntarily moves out of a Covered Rental Unit, the Landlord may set the initial Rent for the next Tenant, without restriction, at the commencement of the new Tenancy.

(f) Rent Banking Prohibited. A Landlord who does not impose an Allowable Annual Rent Increase or any portion thereof in the applicable twelve month period automatically waives that Allowable Annual Rent Increase or the remaining portion of that Allowable Annual Rent Increase for the remainder of the Tenancy.

(1) Nothing in this Section shall be interpreted to authorize any Lawful Rent Increase in any twelve month period for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code Section 1947.12, as may be amended. If a Hearing Officer awards a Landlord a Fair Return Rent Increase in excess of the maximum allowable Rent increase pursuant to this Section 19.40.050, the Landlord may carry forward any portion of the Fair Return Rent Increase that could not be taken to a subsequent year until the full Fair Return Rent Increase is imposed.

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9 (2) No Fair Return Petition shall be deemed submitted or accepted until all of the following have occurred:

a. The Landlord has registered the Property and paid all current and past-due registration fees for the Property pursuant to former Section 19.40.110 (Rent Registry) and/or current Section 19.40.060, as applicable; and

b. The Landlord has paid refunds owed to Tenants, if any, pursuant to Section 19.40.030.

(3) No Fair Return Rent Increases shall become effective until all of the following have occurred:

a. The Landlord has provided written notice of the Fair Return Rent Increase for the Covered Rental Unit in accordance with California Civil Code Section 827, as may be amended;

b. After a hearing is held, the Hearing Officer, in a written decision, grants the Fair Return Rent Increase; and

c. All amounts due and payable to the City in connection with the Fair Return Petition and hearing have been paid in full.

(4) Standard for Approving a Fair Return Petition.

a. Fair Return. The Landlord has the right to obtain a net operating income equal to the Base Year net operating income adjusted by the percentage increase in the CPI since the Base Year. It shall be presumed that this standard provides a fair return. The current year CPI shall be the annual CPI for the calendar year preceding the calendar year the Fair Return Petition is filed.

b. Base Year Net Operating Income Adjustment. The Landlord may present evidence to rebut the presumption of a fair return based on the Base Year net operating income based on either:

(i) exceptional expenses in the Base Year, including but not limited to extraordinary amounts expended for necessary maintenance and repairs, or unreasonably high or low expenses; or
(ii) exceptional circumstances in the Base Year, including but not limited to gross income that is lower than it might have been.

(5) Notices Upon Submitting Petition.

a. Within five (5) calendar days after submission of a Landlord's Fair Return Petition to the City, the Landlord shall serve each affected Tenant with a notice of

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10 the Fair Return Petition via personal service or certified mail, return receipt requested.

b. Within ten (10) calendar days after service on each affected Tenant, the Landlord shall file with the City a proof of service, signed under penalty of perjury, stating that a copy of the petition was served upon each affected Tenant.

(6) No Pass Through. Fees and costs incurred by a Landlord for making a Fair Return Petition may not be passed on to a Tenant but may be included as operating expenses for the calendar year in which they were incurred for purposes of determining net operating income.

Such fees and costs include, but are not limited to, attorney fees, accountant fees, and other similar professional services costs.

(b) Tenant Petitions. If a Landlord demands or retains Unlawful Rent for a Covered Rental Unit, a Tenant may file a petition to adjust the Rent to its lawful level.

(1) Unlawful Rent. If a Tenant believes that the Landlord is demanding Unlawful Rent for a Covered Rental Unit, then the Tenant may submit a Tenant petition to the City.

(2) Decrease in Housing Services. A decrease in Housing Services of a Covered Rental Unit, without a corresponding reduction in Rent, is considered an increase in Rent.

Before filing a petition with the City, a Tenant shall provide the Landlord all of the following (copies of which must be submitted with the Tenant petition):

a. Prior written notice identifying the decrease in Housing Services of a Covered Rental Unit; and

b. A reasonable opportunity to correct the issue(s).

(3) Notices Upon Submitting Petition.

a. Within five (5) calendar days after submission of a Tenant petition for rent adjustment to the City, the Tenant shall serve the Landlord with said petition via personal service or certified mail, return receipt requested.

b. Within ten (10) calendar days after service on the Landlord, the Tenant shall file with the City a proof of service, signed under penalty of perjury, stating that a copy of the petition was served on the Landlord.

(c) Petition Forms. Fair Return and Tenant petitions must be filed on petition forms prescribed by the City and accompanied by such supporting material as the City may require.

Each petition shall be made under penalty of perjury.

(d) Petition Fees.

(1) Fair Return Petitions.

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11 a. Landlords filing a Fair Return Petition shall be responsible for all City costs associated with such petition, including, but not limited to the cost of the Hearing Officers, any costs associated with experts, inspection fees, and any other costs. The City shall provide the Landlord with an estimate of the costs at least 45 calendar days prior to the first date set for the hearing. The Landlord shall deposit with the City the full estimated cost of the hearing at least 30 calendar days prior to the first date set for the hearing. If the deposit is not timely received by the City, the hearing will be postponed, and the hearing shall not be rescheduled until such time as the deposit is received. City shall have the right to deduct costs incurred from the deposit. Upon the completion of the hearing, the City shall prepare a final invoice of hearing costs.

b. To the extent that the final invoice amount exceeds the amount deposited by the Landlord, the Landlord shall pay the difference to the City within 10 days of receipt of the final invoice. To the extent the final invoice amount is less than the amount deposited by the Landlord, the City shall issue a refund to the Landlord for the difference.

c. The City will not issue the Hearing Officer’s final decision until the City has received full payment of the final invoice, and no Fair Return Rent Increase, if approved, may be imposed until full payment is received by the City.

(2) Tenant Petitions. There shall not be any fee charged for Tenants filing a petition for a downward adjustment of Rent.

(e) Hearing Process.

(1) Upon receipt of a Fair Return or Tenant petition and the proof(s) of service that the petition has been served as provided above, the City shall appoint a Hearing Officer to conduct a hearing on the petition and to render a final decision on the merits of the petition, subject to this Chapter and any procedures and guidelines promulgated by the City Manager.

(2) Each party to a petition shall receive sufficient advance notice of the time, date, and place of any hearing regarding the petition.

(3) The Hearing Officer may require either party to a petition to provide any books, records, and papers deemed pertinent.

(4) If the Hearing Officer finds good cause to believe that a building or other inspection would assist in resolving the issues raised in the petition, the Hearing Officer may conduct an inspection and/or request that the City conduct an inspection. Any party submitting a petition shall be required to cooperate with the City to grant and/or secure permission to conduct such inspection, within the constraints of applicable law; failure to do so shall be considered an automatic and voluntary withdrawal of that party’s petition upon written notice by the City thereof. The parties to the petition may be present during the inspection.

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12 (5) All hearings conducted pursuant to this Chapter shall be open to the parties and their designated representatives, but shall not be open to the public.

(f) Assistance or Representation Authorized. All parties to a petition may seek assistance for no-fault just cause evictions; notice of curable lease violationsfrom attorneys, recognized tenant organization representatives, or any other person designated by said parties. (a) Relocation Assistance for No-Fault Just Cause Evictions. (1) For a tenancy for which just cause is
(g) Consolidation. All Fair Return Petitions pertaining to Tenants in the same Property shall be consolidated for determination. Tenant petitions for Rent adjustment from Tenants residing in the same Property may be consolidated at the election of the City, in its sole discretion.

(h) Quantum of Proof and Notice of Decision. No petition shall be granted unless supported by the preponderance of the evidence submitted prior to and at the hearing. All parties to the petition shall be sent notice of the decision.

(i) Finality of Decision. The decision of the Hearing Officer shall be the final decision and shall not be appealable to the City Council. Any party disputing the final conclusions and findings of the Hearing Officer may seek review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.

(j) Time of Hearing and Decision. The City shall not be required to accept petitions until September 1, 2024. The City shall endeavor, but shall not be required, to schedule a hearing on a petition within ninety (90) days after submittal to the City of the petition and the proof(s) of service. A final decision on a petition shall be made within a reasonable time after the conclusion of the hearing.

(b) Rent Registry Fees. A Landlord shall pay the required rent registry fees as set forth in the City Council adopted Resolution Establishing Fees and Charges for Various Municipal Services.

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13 (c) Late Fees, Penalty For Late Payment; Penalty For Incomplete Or False Information.

(d) Past Due Amounts. To the extent that a Landlord owes rental registry fees, accrued interest, fines, or penalties incurred prior to the effective date of this Ordinance, such amounts shall continue to be owed and continue to accrue. See also Sections 19.40.040(b) and

19.40.050(a)(2).

(b) When terminating a Tenancy For Cause or No-Fault, a Landlord must comply with all of the following:

(1) The Landlord must serve a written notice, to the Tenant that, in addition to any information required by federal or State law, the Landlord will terminate the tenancy under Civil Code Section Tenant's Tenancy because of at least one For Cause or No-Fault reason;

(2) The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Covered Rental Unit beyond the term of the terminated Tenancy in compliance with California Civil Code Sections 1945, 1946.2 and for tenants renting a mobile home, if an owner issues a , and 1946.1, as may be amended; and

(3) The Landlord qualifies the termination
notice for a no-fault just causeas For Cause or
No-Fault, as specified in this Section.

(c) For Cause Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Covered Rental Unit, the termination qualifies as a For Cause Termination:

(1) Default in the payment of Rent.

(2) A breach in the material term of the Rental Agreement, as described in paragraph (2) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the Rental Agreement after being issued a written notice to correct the violation.

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14 (3) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(4) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(5) The Tenant had a written Rental Agreement, and after a written request or demand from the Landlord, the Tenant has refused to execute a written extension or renewal of the Rental Agreement for an additional term of similar duration with similar provisions, provided that those terms do not violate this Chapter or any other provision of law.

(6) Criminal activity by the Tenant in the Covered Rental Unit or on the Property, including any common areas, or any criminal activity or criminal threat, as defined in Civil Code subdivision (a) of Section 1946.2(b)(2)422 of the owner shall, regardless of Penal Code, or criminal activity by the tenant’s income, assistTenant on or off the tenantProperty that is directed at other Tenants or the Landlord.

(7) Assigning or subletting the Covered Rental Unit in violation of the Rental Agreement, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(8) The Tenant’s refusal to
relocate by allow the Landlord to enter the Covered Rental Unit as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.

(9) Using the Covered Rental Unit or any portion of the Property for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(10) The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.

(11) When the Tenant fails to deliver possession of the Covered Rental Unit after providing a direct payment to the tenant as described in the Landlord written notice as provided in Section 1946 of the Civil Code of the Tenant’s intention to terminate the hiring of the Covered Rental Unit, or makes a written offer to surrender the Covered Rental Unit that is accepted in writing by the Landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.

(d) No-Fault Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Covered Rental Unit, the termination qualifies as a No-Fault termination.

(1) Owner Move Ins. Intent to occupy the Covered Rental Unit by the Landlord or the Landlord’s Family Member.

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15 a. A Landlord may not terminate a Tenancy based on intent to occupy the Covered Rental Unit by the Landlord or the Landlord’s Family Member if the intended occupant already occupies a Dwelling Unit on the Property or if a vacancy of a similar Dwelling Unit already exists at the Property.

b. The written notice terminating a Tenancy pursuant to this subparagraph shall contain the name or names and relationship to the Landlord of the intended occupant. The written notice shall additionally include notification that the Tenant may request proof that the intended occupant is a Landlord or the Landlord’s Family Member. The proof shall be provided upon request and may include an operating agreement and other non-public documents.

c. This subparagraph (1) only applies if the intended occupant moves into the Covered Rental Unit within ninety (90) days after the Tenant vacates and occupies the Covered Rental Unit as a primary residence for at least twelve (12) consecutive months.

d. If the intended occupant fails to occupy the Covered Rental Unit within ninety (90) days after the Tenant vacates, or if the intended occupant fails to occupy the Covered Rental Unit as their primary residence for at least twelve (12) consecutive months, the Landlord shall offer the Covered Rental Unit to the Tenant who vacated it at the same Rent, subject to any Lawful Rent Increases, and rental terms in effect at the time the Tenant vacated. If Tenant re-occupies such Covered Rental Unit, Landlord shall reimburse the Tenant for reasonable moving expenses incurred. Such payment shall be in addition to any relocation assistance that was paid to the Tenant in connection with the termination notice.

e. For a new Tenancy commenced during the time periods described in clause d, the Covered Rental Unit shall be offered and rented or leased at the Lawful Rent in effect at the time any notice of termination of Tenancy is served, subject to any Lawful Rent Increases.

f. A Landlord shall only be allowed to terminate a Tenancy pursuant to this subsection (a)(3) of this section.1) if the Landlord meets one of the following:
(2) If
(i) is a natural person that has at least 25 percent recorded ownership interest in the owner issues a noticeProperty;

(ii) is a natural person who has any recorded ownership interest in the Property if 100 percent of the recorded ownership interest is divided among owners who are related to terminate a tenancy for no-fault just cause each other as defined in Civil Code Section 1946.2(b)(2), the ownersibling, spouse, domestic partner, child, parent, grandparent, or grandchild; or

(iii) is a natural person whose recorded interest in the Property is owned through a limited liability company or partnership.

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16 g. As used in this subsection:

(i) “Natural person” includes any of the following:
(A) a natural person who is a settlor or beneficiary of a family trust; or

(B) if the Property is owned by a limited liability company or partnership, a natural person with a 25-percent ownership interest in the Property.

(ii) “Family trust” shall mean a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.

(2) Ellis Act Evictions. Withdrawal of the Covered Rental Unit from the rental market is subject to the following conditions and requirements:

a. Landlord complies with all provisions of the Ellis Act, unless otherwise indicated in this Section.

b. Not less than one hundred twenty (120) days from the date the Landlord intends to withdraw the Covered Rental Units in a Property or structure from the rental market, and after completion of all required proceedings, if any, the Landlord shall provide written notice of termination of Tenancy to all affected Tenants.

c. Landlord's notice to all affected Tenants shall contain the following information:

(i) That the Landlord is evicting the Tenant pursuant to this Subsection;

(ii) That within thirty (30) days of receipt of notice to terminate, the Tenant may notify the tenant of the tenant’s right to Landlord in writing that the Tenant would be interested in re-renting the Covered Rental Unit if any of the Covered Rental Units are re-offered for rent at a future time and advising the Tenant to notify the Landlord of future address changes;

(iii) A description of the Tenant's rights;

(iv) The notice shall be accompanied by relocation assistance and the
amountany additional special assistance in accordance with Section

19.40.080;

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17 (v) A description of the Tenant's rights to relocation assistance at the time the owner issues the notice of termination.and any other rights set forth in this Chapter; and
(3) Amount.
a. The amount of relocation assistance shall be equal to the greater of (1) two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy, or (2) $5,000, whichever is greater.
b. The owner shall provide one-half of the relocation assistance owed to the tenant within 15 calendar days of service of the notice of termination. The remaining relocation assistance may be provided either (1) in the form of a waiver in writing of the payment of rent for the final month of tenancy, prior to the rent becoming due, or (2) a payment in cash paid no later than the date the tenant vacates the residential real property.
c. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subsection shall be recoverable as damages in an action to recover possession.
d. The relocation assistance or rent waiver required by this subsection shall be credited against any other relocation assistance required by any other law, including the relocation assistance required by Civil Code Section 1946.2.
(4) Notwithstanding anything set forth herein, a tenant shall not be entitled to the relocation assistance provided in subsection (a)(3) of this section if the notice of termination is given because the owner is complying with an (vi) A self-addressed stamped postcard on which the Tenant may indicate, under penalty of perjury, whether they or a member of their household are a Protected Tenant and under which category (i.e., Lower- Income Tenant, Disabled Tenant, Senior Tenant, Terminally Ill Tenant, School-Aged Child/ren) they claim Protected Tenant status.

d. A Senior Tenant or a Disabled Tenant who has resided in the Covered Rental Unit for at least one (1) year prior to the Landlord's notice of intent to withdraw the Covered Rental Unit in a Property from the residential rental market, and after receiving one hundred twenty (120) days written notice, may within sixty (60) days of receipt of the written notice of termination submit a written notice to the Landlord of Tenant’s status as a Senior or Disabled Tenant, in which event the notice of termination shall be extended to one year from the Tenant's date of notice.

(3) Government Orders. The Landlord is complying with any of the following:

a. An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property if it is determined by any government agency or court that the tenant is at fault for the conditions or conditions triggering the order or need to vacate.Covered Rental Unit; or
(5)
b. An owner’s failure to strictly complyorder issued by a government agency or court to vacate the Covered Rental Unit; or

c. A local ordinance that necessitates vacating the Covered Rental Unit.

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18 (4) Intent to Demolish/Substantially Remodel. Intent to demolish or to Substantially Remodel the Covered Rental Unit.

a. For purposes of this subparagraph, a Tenant is not required to vacate the Covered Rental Unit on any days where a Tenant could continue living in the Covered Rental Unit without violating health, safety, and habitability codes and laws.

b. In order to terminate a Tenancy based on intent to demolish or to Substantially Remodel the Covered Rental Unit pursuant to this subparagraph, a Landlord must provide the Tenant with this subsection written notice pursuant to Civil Code Section 1946.1 which notice shall render the be in no less than 12-point type, shall be in English and Spanish and include all of the following information:

(i) A statement informing the Tenant of the Landlord’s intent to demolish the Property or Substantially Remodel the Covered Rental Unit or Property.

(ii) The following statement: “If the substantial remodel of your unit or demolition of the property as described in this notice of termination void.is not commenced or completed, the Landlord must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the Landlord at the rental rate that was in effect at the time you vacated. You must notify the Landlord within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the Landlord of your acceptance of the offer.”

(iii) A description of the Substantial Remodel to be completed, the approximate expected duration of the Substantial Remodel, or if the Property is to be demolished, the expected date by which the Property will be demolished, together with one of the following:

B. If the notice is issued to abate hazardous materials and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the Landlord to complete the Substantial Remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.

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19 (iv) A notification that the Tenant has the right to elect one or both of the following:

A. The right of first refusal to any vacant comparable or superior Dwelling Unit owned by the Landlord at the same Rent, if such comparable or superior vacant Dwelling Unit exists; and/or

B. The first right to return to occupy the Covered Rental Unit upon completion of the repairs at the same Rent, subject to any Lawful Rent Increases, charged to the Tenant before the Tenant temporarily vacated the Covered Rental Unit.

c. In the event the Tenant elects to accept an offer to move to a comparable or superior vacant Dwelling Unit owned by the Landlord at the same Rent, the Tenant is not eligible for any relocation assistance pursuant to Section 19.40.080 herein; however, the length of the Tenancy shall continue to be calculated from the date the Tenant first entered into a Rental Agreement for the Covered Rental Unit from which the Tenant was displaced.

d. The phrase comparable or superior when used in connection with a Dwelling Unit or temporary housing shall mean a Dwelling Unit or temporary housing that is similar in size or larger, has the same number of bedrooms or additional bedrooms, is located in the City, has similar amenities as the Covered Rental Unit, such as parking, laundry facilities or exercise facilities, allows pets if the displaced Tenant has a pet, and as to a Disabled Tenant, is disability accessible and ADA compliant. The Tenant, in the Tenant’s reasonable discretion may waive any of these factors in deciding whether the Dwelling Unit or temporary housing offered is comparable or superior.

(e) Tenant's Right of First Return to a Covered Rental Unit.

(1) Right of First Return. All Tenants whose Tenancy is terminated based upon a basis enumerated in Section 19.40.070(d)(1)-(4) shall have the first right to return to the Tenant’s original Covered Rental Unit if the Covered Rental Unit is returned to the market by the Landlord or the Landlord’s successor. Rent for such Covered Rental Unit shall be the Rent lawfully paid by the Tenant at the time the Landlord gave notice of termination, subject to any Lawful Rent Increases, unless otherwise specified herein.

(2) Return Within Five (5) Years. A Tenant of a Covered Rental Unit whose Tenancy was terminated in accordance with Section 19.40.070(d)(2) is entitled to receive notice of the first right to return to rent the same Covered Rental Unit at the Rent previously charged for the Covered Rental Unit, subject to any Lawful Rent Increases. A Tenant may return to the Covered Rental Unit if:

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20 a. The Tenant has provided the Landlord a current mailing address and/or email address and keeps those addresses updated, at which to receive notice from Landlord that Covered Rental Unit is available; and

b. The Landlord returns the Covered Rental Unit to the residential rental market within five (5) years after the effective date of withdrawal of a Property containing the Covered Rental Unit from the residential rental market.

(3) Return Within Ten (10) Years. A Landlord of a Property containing a Covered Rental Unit that was withdrawn from the residential rental market within the previous ten (10) years must provide one hundred twenty (120) days written notice to the previous Tenants of the Landlord's intent to return the Covered Rental Unit to the residential rental market.

(4) Any Tenant displaced from a Covered Rental Unit in connection with the withdrawal of a Property containing a Covered Rental Unit from the residential rental market may request the first right of return from the Landlord within thirty (30) days of receipt of a Landlord's written notice of intent to return the Covered Rental Unit to the residential rental market.

(5) Recordation of Memorandum. Any Landlord withdrawing a Property containing Covered Rental Units from the rental market shall record a memorandum on a City approved form in the Official Records of Contra Costa County encumbering the property where the Dwelling Unit is located within ten (10) days of providing notice to the Tenants of the Landlord's intent to withdraw the Dwelling Units from the residential rental market. The memorandum must be executed by the fee owner(s) of the Property.

a. The memorandum shall summarize the obligations of the fee owner and Landlord, and any successor in interest to the fee owner and Landlord related to the Property including the Tenant's right to be notified upon Covered Rental Units being returned to the residential rental market.

b. The summary memorandum must encumber the Property for ten (10) years from the date of Covered Rental Units are withdrawn.

c. The Landlord shall deliver to the City a conformed copy of the recorded memorandum within sixty (60) days after filing its notice to withdraw with the City.

(f) School Year Evictions.

a. It shall be a defense to a no-fault eviction if a School-Aged Child resides in the Covered Rental Unit, if the effective date of the notice of termination of Tenancy falls during the School Year.

b. Within thirty (30) days of service of the notice of termination of Tenancy, the Tenant must submit a statement with supporting evidence to the Landlord if

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21 the Tenant claims to have a School-Aged Child residing in the Covered Dwelling Unit; this information is required in addition to Tenant’s return of the postcard referenced in Section 19.40.070(e)(2)c.(vi). The notice of termination of Tenancy shall contain a warning that a Tenant’s failure to submit such statement within thirty (30) days of receipt of the notice shall be deemed an admission that the Tenant is not protected from eviction pursuant to this Subsection (f).

c. A Landlord may challenge a Tenant’s claim of protected status pursuant to this Subsection (f) through commencement of the eviction proceeding.

19.40.080 Relocation Assistance For No-Fault Termination Of Tenancy; Notice Of Curable Lease Violations.
(a) Relocation Assistance for No-Fault Terminations.

(1) For a Tenancy for which just cause is required to terminate the Tenancy under Section 19.40.070, if a Landlord issues a termination notice for a no-fault reason the Landlord shall, regardless of the Tenant’s income, assist the Tenant to relocate by providing a direct payment to the Tenant as described in Subsection (a)(3), below, and the Landlord shall notify the Tenant of the Tenant’s right to relocation assistance and the amount of the relocation assistance at the time the Landlord issues the notice of termination.

(2) Permanent Relocations. When relocation assistance is required by this Section to Tenants who are evicted pursuant to Section 19.40.070(d), the Landlord must make relocation assistance payments as follows:

a. Non-Protected Tenant Relocation Payment. If the Tenancy is terminated pursuant to Section 19.40.070(d)(1)-(3), or pursuant to Section 19.040.070(d)(4) with the intent to demolish the Covered Rental Unit, the Landlord shall pay to the Tenant relocation assistance in the amount of the greater of three times the HUD FMR Rent for the most similar unit type based on the number of bedrooms or $8,500.

b. Protected Tenant Relocation Payment. If one of the Tenants living in the Covered Rental Unit from which the Tenants are displaced is a Protected Tenant, then all Tenants living in the Covered Rental Unit are collectively entitled to receive additional relocation assistance in the amount of one additional month of the applicable HUD FMR Rent.

c. Payment Process. For permanent relocation assistance, the Landlord shall provide one-half of the relocation assistance owed to the Tenant within 15 calendar days of service of the notice of termination. The remaining relocation assistance shall be paid to the Tenant in cash no later than the date the Tenant vacates the Covered Rental Unit.

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22 d. Refund of Security Deposit. A Landlord must refund to the Tenant any security deposit paid by the Tenant. A Landlord may withhold any properly itemized deductions from the security deposit in accordance with California Civil Code Section 1950.5.

(3) Temporary Relocations. A Landlord must pay temporary relocation assistance to Tenants of a Covered Rental Unit who are temporarily displaced due to Substantial Remodel of Covered Rental Unit:

a. Thirty (30) Days or Fewer. A Landlord must provide the Tenant a per diem payment if the Tenant will be temporarily displaced for thirty (30) days or fewer. The Landlord shall pay to the Tenant the full amount of the per diem payment when the Tenant temporarily vacates the Covered Rental Unit.

b. Thirty-One (31) Days or More. If Tenant does not make an election pursuant to 19.40.070(d)(4)c., a Landlord must provide the Tenant either a per diem payment or comparable or superior temporary housing, if available.

c. Duration Extended. In the event the duration of the temporary relocation is longer than anticipated, the Landlord shall continue to pay to the Tenant the per diem relocation assistance payments on a weekly basis or continue to provide the Tenant with the comparable or superior temporary housing until the Tenant is able to return to the Covered Rental Unit.

d. Per-Diem Amount. The per diem payment amount shall be based on the Federal General Services Administration per diem rate for lodging and meals (M&IE total) in Concord, Contra Costa County, which is updated on a yearly basis.

e. Rent Due. For temporary relocation assistance where the Landlord is providing comparable or superior temporary housing or making a per diem payment, the Tenant shall continue to pay the Lawful Rent to the Landlord for the Covered Rental Unit

f. Refund of Security Deposit. A Landlord shall not be required refund to the Tenant any security deposit paid by the Tenant in connection with a temporary relocation.

(b) No Waiver. Subject to Tenant’s elections under 19.40.070(d)(4)c., a Tenant cannot waive their right to receive relocation assistance required by this Chapter.

(c) Coordination With Other Relocation Benefits. If a Tenant receives, as part of the termination of Tenancy, relocation assistance from a governmental agency, then the amount of that relocation assistance shall operate as a credit against any relocation payment to be paid to the Tenant under this Section.

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23 19.40.090(b) Notice of Curable Lease Violations. As provided in Civil Code Section 1946.2(c), before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to subsection (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
(Ord. No. 20-7, § 4 (Exh. A))

19.40.030 Requirement to offer written lease; minimum lease termsOffer Written Lease; Minimum Lease Terms.
(a) One-Year Lease Term. If a prospective tenantTenant wishes to rent residential real propertya Dwelling Unit from a landlordLandlord and if said landlordLandlord wishes to rent said residential real propertyDwelling Unit to said prospective tenantTenant, the landlordLandlord must offer to the prospective tenantTenant a written lease which has a minimum term of one year. Such offer must be made in writing. If the prospective tenantTenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing. Signing a lease which has a minimum term of one year will be considered an offer if signed by the landlordLandlord, and an acceptance if countersigned by the prospective tenantTenant. If the prospective tenantTenant rejects the offer for a written lease which has a minimum term of one year, such rejection must be in writing.
(b)
(b) Six-Month Lease Term. If the prospective tenantTenant rejects the offer for a written lease which has a minimum term of one year as provided in subsection Section 19.40.090(a) of this section,), but the prospective tenantTenant continues to wish to rent said residential real propertyDwelling Unit from said landlordLandlord, said landlordLandlord must offer to said prospective tenantTenant a written lease which has a minimum term of six months. Such offer must be made in writing. If said prospective tenantTenant accepts the offer of a written lease which has a minimum term of six months, this acceptance must be in writing. Signing a lease which has a minimum term of six months will be considered an offer if signed by said landlordLandlord, and an acceptance if countersigned by said prospective tenant.Tenant. If said prospective tenantTenant rejects the offer for a written lease which has a minimum term of six months, such rejection must be in writing.
(c)
(c) Shorter Term. If said prospective tenantTenant rejects the offer for a written lease which has a minimum term of six months as provided in subsection Section 19.40.090(b) of this section,), said landlordLandlord and said prospective tenantTenant may then enter into a written lease that provides for a term of fewer than six months.
(d)
(d) Renewal of Lease. If both the landlordLandlord and tenantTenant wish to continue the rental relationshipTenancy, upon the expiration of a written leaseRental Agreement which has a minimum term of one year or six months, a written leaseRental Agreement shall be offered again in accordance with the procedures set forth in subsections Sections 19.40.090(a) through (c) of this section.)-(c). The landlordLandlord shall have no obligation to re-offer a tenantTenant a one-year or six-month lease term if the tenantTenant has previously rejected such offers in accordance with the procedures set forth in subsections Sections 19.40.090(a) through (c) of this section,)-(c), and has a written leaseRental Agreement with a term of fewer than six months. (e)

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24 (e) Existing Tenancies. Within 90 days of the effective date of the ordinance codified in this chapter, any tenantAny Tenant renting residential real property as of the effective date of this chaptera Dwelling Unit may request a written lease with a minimum term of either one year or six months, provided such tenantTenant has not previously received a written notice of lease or rental agreementRental Agreement violation pursuant to Code of Civil Procedure Section 1161 and such violation remains uncured. The tenantTenant shall do so via written notice to the landlord.Landlord. The landlordLandlord shall, upon receipt of such notice, offer to said tenantTenant a written leaseRental Agreement on terms substantially similar to those of the existing rental arrangement (except as to length of term) in accordance with the procedures set forth in this section, as applicable. (f)
Exemptions. This section shall not apply to residential real propertyDwelling Units that isare exempt from the just cause eviction protections set forth in Civil Code Section 1946.2, except for Civil Code Section 1946.2(e)(7), because it is expressly intended that this section shall apply to housing that has been issued a certificate of occupancy within the previous 15 years.
(Ord. No. 20-7, § 4 (Exh. A))
(f) 19.40.040070.

19.40.100 Notice of tenant rightsTenant Rights.
(a) (a) An owner of residential real propertyA Landlord subject to this chapterChapter shall provide notice to the tenantTenant as follows:
(1)
(1) For any tenancyTenancy commenced or renewed on or after the effective date of the ordinance codified in this chapterOrdinance, as an addendum to the lease or rental agreementRental Agreement, or as a written notice signed by the tenantTenant, with a copy provided to the tenantTenant.
(2)
(2) For a tenancyany Tenancy existing prior to the effective date of the ordinance codified in this chapterOrdinance, by written notice to the tenantTenant no later than October 1, 2020180 days after the effective date of the Ordinance adopting this Chapter, or as an addendum to the lease or rental agreementRental Agreement.
(b)
(b) The notification or leaseand Rental Agreement provision shall be in no less than 12-point type, shall be in English and Spanish, and shall include the following:

California
Concord law limits the amount your rent can be increased. See Section 1947.12Chapter

19.40 of the CivilConcord Municipal Code for more information. CaliforniaConcord law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord, a Landlord must provide a statement of cause in any notice to terminate a tenancy.Tenancy. See Section 1946.219.40 070 of the CivilConcord Municipal Code for more information. In addition, City of Concord Municipal Code Section

19.40.020 (Relocation Assistance for No-Fault Just Cause Evictions; Notice of Curable Lease Violations)080 provides tenants evicted foron a no-fault just causebasis with the right to relocation payments in excess of those provided by state law; see City of Concord Municipal Code Section 19.40.020080 for more information.

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25 City of Concord Municipal Code Section 19.40.030 (Requirement to Offer Written Lease; Minimum Lease Terms)090 provides tenants with the right to written leases and minimum lease terms. Landlords must offer tenants the option to enter into a one (1) year written lease. If a tenant declines a one (1) year written lease, the landlord must offer that tenant the option to enter into a six (6) month written lease. It is the tenant’s choice whether or not to enter into such a written lease with a landlord. If tenant rejects the initial offers of a written lease with a minimum lease term of 12 or 6 months, the tenant and landlord may enter into a written lease with a term of fewer than 6 months. See City of Concord Municipal Code Section 19.40.030090 for more in formationinformation. (c) (c) Manner. Landlords must provide the notice to tenantsTenants in writing if the application and leaseRental Agreement are processed in writing, electronically if the application and/or leaseRental Agreement are processed electronically, or both if both methods are utilized.

The provision of the notice shall be subject to Civil Code Section 1632. (Ord. No. 20-7, § 4 (Exh. A))

19.40.050 Landlord retaliation prohibited.

Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully110 Procedures 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 chapterGuidelines. (Ord. No. 20-7, § 4 (Exh. A))

19.40.060 Nonwaiver. The City Manager is hereby delegated the authority to promulgate procedures and guidelines to aid in the implementation of this Chapter.

19.40.120
Any waiver or purported waiver by a tenant of their rights under this chapter prior to the time when such rights may be exercised, except a rejection of a written lease which has a minimum term of one year or six months in accordance with the procedures set forth in Section 19.40.030 (Requirement to offer written lease; minimum lease terms), shall be void as contrary to public policy.
(Ord. No. 20-7, § 4 (Exh. A))

19.40.070 Remedies.
(a) InRemedies and penalties.

(1) If a Landlord violates the event of a violationterms of this chapter, a residential tenantChapter, an aggrieved Tenant may institute a civil proceedingaction 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 $2,000, and no more than $5,000, per violation, at the discretion of the court. If the aggrieved Tenant is a Senior Tenant or a Disabled Tenant, the court may award an additional civil penalty of up to $5,000 per violation, at the discretion of the court.

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26 (2) 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 times actual damages suffered by an aggrieved Tenant (including damages for mental or emotional distress), or for minimum damages in the sum of $1,000, whichever is greater, and whatever other relief the court deems appropriate. The remedy In the case of an award of damages for mental or emotional distress, said award shall only be tripled if the trier of fact finds that the defendant Landlord acted in knowing violation of or in reckless disregard of this Chapter.

(b) 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 triple damages.

(c) 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 a Landlord who prevails in any such action if the court determines that the Tenant’s action was frivolous.

(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 local, county, state or federal law. In addition, this chapter grants a defense to eviction to any unlawful detainer actions in violation of this chapterapplicable federal, State, county, or local law. (Ord. No. 20-7, § 4 (Exh. A))

(e) No administrative remedy need be exhausted prior to filing suit pursuant to this Chapter.

19.40.080130 Waiver Prohibited .

Any waiver of rights under this Chapter shall be void as contrary to public policy.

19.40.140 Severability.

If any section, subsection, sentence, clause or phrase of this chapterChapter 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.Chapter. The City Council declares that it would have adopted this chapterChapter 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.
(Ord. No. 20-7, § 4 (Exh. A))

19.40.090 Term.

This chapter shall remain in effect only until January 1, 2030, and as of that date is automatically repealed. (Ord. No. 20-7, § 4 (Exh. A))

19.40.110 Rent registry.
(a) Registration. As of July 1, 2021, each owner of residential real property consisting of multifamily complexes of four or more units shall register such property through the rent registry portal, shall provide all required information, shall pay the required rent registry fees, and shall annually submit reports.

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27 (b) Rent registry fees. Each owner of residential real property consisting of multifamily complexes of four or more units shall pay the required rent registry fees as set forth in the City Council adopted Resolution Establishing Fees and Charges for Various Municipal Services. The fees will be used to finance the cost of the rent registry. Such fees shall be known as the “rent registry fees.”
(c) Late fees; penalty for late payment; penalty for incomplete or false information. Should an owner fail to pay all or any portion of the rent registry fees, or provide incomplete or false information, the City may recover the outstanding amounts, plus accrued interest and penalties, utilizing any remedies provided by law or in equity, including municipal tax lien procedures established by ordinance or state law. Applicable penalties shall be calculated as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, including Exhibit A, Section E (Police Fees) Section 5.6 and Exhibit A, Section A (Administrative Fees) Section 20 (Rent Registry Fees), and may be applied on a per-unit basis. (d) Exemptions. This section shall not apply to the following residential rental properties:
(1) Multifamily complexes of fewer than four units.
(2) Subsidized residential real property. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(Ord. No. 20-10, § 4 (Exh. A))

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Rent Stabilization
Current State Law Current City Policy Draft Ordinance
Units Covered
AB 1482:
 Multi-family rental buildings with 2 or
more units
 Rented single-family homes and
condominiums, if owned by real
estate trust or corporation
N/A
 Multi-family rental buildings
constructed prior to February 1,
1995:
o Buildings with 2 or more
units
o Low Income Housing Tax
Credit (LIHTC) units
 Mobile home units (versus
spaces)
Exempt Units
Costa-Hawkins Act Exclusions:
 Units constructed after February 1,
1995
 Alienable separate units (i.e. single-
family homes and condominiums)
AB 1482 exclusions:
 Single-family homes/condominiums,
not owned by a real estate trust or
corporation
 Units constructed within past 15 years
N/A
 Units constructed after February 1,
1995
 All single-family
homes/condominiums
 With the exception of LIHTC units
which are covered, housing restricted
by deed, regulatory agreement with a
government agency, or other
recorded document as affordable
housing
 Dormitories
 Owner-occupied duplexes
 Accessory Dwelling Units

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Rent Stabilization
Current State Law Current City Policy Draft Ordinance
Exempt Units
Continued
 Housing restricted by deed, regulatory
agreement with a government agency,
or other recorded document as
affordable housing
 Dormitories
 Owner-occupied duplexes
 Unit where tenant shares kitchen or
bathroom with the owner
Rent Increase
Limit AB 1482: Lesser of 5% + CPI or 10% N/A Lesser of 60% of CPI or 3% Petitions
Landlords must be able to receive a fair
return on their investment. No standard
for what constitutes a fair return on
investment has been established by the
courts.

N/A
 Tenant Petitions
 Owner petition for Fair Return on
Investment
Petition Costs N/A N/A
 No cost for tenant petition
 Owner covers cost of Fair Return
Petition
Retroactivity AB 1482: March 15, 2019 with Statute
effective on January 1, 2020 N/A January 12, 2023
Enforcement
(added to
“Both” policy
section)
Civil Remedies N/A  Hearing Officer
 Civil Remedies

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Just Cause for Eviction
Current State Law Current City Policy Draft Ordinance
Units Covered
AB 1482:
 Multi-family rentals with 2 or more
units
 Rented single-family homes and
condominiums, if owned by real
estate trust or corporation
Same as Current State
Policy
 Multi-family rentals with 2 or more
units
 Rented single-family homes and
condominiums
 Low Income Housing Tax Credit
(LIHTC) units
 Mobile home units (versus spaces)
 The above units are covered
regardless of date constructed
Exempt Units
AB 1482 exclusions:
 Units constructed within past 15 years
 Transient and tourist hotel occupancy
 Housing accommodations in a
nonprofit hospital, religious facility,
extended care facility, licensed
residential care facility for the elderly
 Dormitories
 Units where tenant shares bathroom
or kitchen facilities with the property
owner
Same as Current State
Policy
 Consistent with AB 1482, AND
 Exclude rented ADUs and rented
rooms in a single-family
homes/condominiums regardless of
owner-occupant status and the
number of rooms being rented

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Just Cause for Eviction
Current State Law Current City Policy Draft Ordinance
Exempt Units
Continued
 Single-family owner-occupant rents or
leases no more than two units or
bedrooms, including, but not limited
to, an ADU or JADU
 A duplex in which the owner occupied
one of the units
 Units constructed within past 15 years
 Single-family homes/condominiums
unless real estate trust or corporately-
owned single-family
homes/condominiums. Requires
noticing to tenant of exempt status
 Housing restricted by deed, regulatory
agreement with a government agency,
or other recorded document as
affordable housing
At-Fault Reasons
for Evictions
AB 1482:
 Default in the payment of rent
 Breach of a material term of the lease
 Nuisance
 Committing waste
 Tenant refusal of written lease
Same as Current State
Policy Same as Current State Policy

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Just Cause for Eviction
Current State Law Current City Policy Draft Ordinance
At-Fault Reasons
for Evictions
Continued
 Criminal activity
 Subletting in violation of lease
 Tenant’s refusal to allow owner to
enter unit
 Unit use for unlawful purposes
 Failure to vacate
 Tenant Failure to deliver possession of
unit
No-Fault
Reasons for
Eviction
AB 1482:
 Owner intent to occupy unit
 Withdrawal from rental market
 The owner complying with any of the
following:
(a) An order issued by a government
agency or court relating to habitability
that necessitates vacating the
residential real property.
(b) An order issued by a government
agency or court to vacate the
residential real property.

Same as Current State
Policy Same as Current State Policy

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Just Cause for Eviction
Current State Law Current City Policy Draft Ordinance
No-Fault
Reasons for
Eviction
Continued
(c) A local ordinance that necessitates
vacating the residential real property.
(d) If it is determined by any
government agency or court that the
tenant is at fault for the condition or
conditions triggering the order or
need to vacate, the tenant shall not
be entitled to relocation assistance
 Intent to demolish or substantially
remodel the residential property
Substantial
Renovation
Definition
AB 1482 and SB 567 (listed as a no-fault
just cause):

The replacement or substantial
modification of any structural, electrical,
plumbing, or mechanical system that
requires a permit from a governmental
agency, or the abatement of hazardous
materials, including lead-based paint,
mold, or asbestos, in accordance with
applicable federal, state, and local laws,
that cannot be reasonably accomplished
in a safe manner with the tenant in place
and that requires the tenant to vacate
Same as Current State
Policy Same as Current State Policy

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Just Cause for Eviction
Current State Law Current City Policy Draft Ordinance
Substantial
Renovation
Definition
Continued
the residential real property for at least
30 days. Cosmetic improvements alone,
including painting, decorating, and minor
repairs, or other work that can be
performed safely without having the
residential real property vacated, do not
qualify as substantial rehabilitation.

Temporary
Relocation
Options During
Substantial
Renovation and
Right of Return
AB 1482 defines substantial renovation
as a renovation that requires the tenant
to relocate for 30 consecutive days or
more.

N/A
For a relocation of 30 days or fewer
 Property owner pays tenant per
diem rate for lodging and meals
For a relocation of 31 days or greater
Tenant Option:
 Tenants receive temporary
relocation assistance and retain
right to return at same base rent
with any authorized annual
increases
o Tenant must continue to
pay their lease rate rent
with any allowed
adjustments

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

Page 8 ends

Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Just Cause for Eviction
Current State Law Current City Policy Draft Ordinance
Temporary
Relocation
Options During
Substantial
Renovation and
Right of Return
Continued
Property owner options:
 Relocate tenant to a hotel, and
pay for necessary services and
incidentals
 Relocate tenant to a comparable
or superior Dwelling Unit for
temporary housing
accommodations.

Permanent
Relocation
Assistance
Amount for No-
Fault Evictions
AB 1482: greater of one month of the
tenant’s rent or $1,000
Greater of two months of
the tenant’s rent or
$5,000
Options that Council is Considering:
(1) 3x HUD FMR Rent or $8,500
(2) 3x HUD FMR Rent + $3,000
(3) 3 x HUD FMR Rent
With any of the three options above,
require 1 month of increased assistance
at HUD Fair Market Rent for protected
(vulnerable) populations including low-
income tenants, seniors, individuals with
disabilities, terminally ill tenants, and
households with school-age children.

Effective Period
AB 1482: Protections are effective after
the following period of tenancy:
(1) After 12 months
Same as Current State
Policy Effective upon move-in

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Just Cause for Eviction
Current State Law Current City Policy Draft Ordinance
Effective Period
Continued
(2) After 24 months, if additional tenants
are added to the lease
Ellis Act Allows owners to remove rental
properties from the market. N/A
 Property owner records a
memorandum encumbering the
property for the ten years that it is
off-market
 Property owner pays tenants
permanent relocation assistance
 Tenant has right to return to property
if property is re-rented during ten
years after withdrawal

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Both Policies
Current State Law Current City Policy Draft Ordinance
Enforcement Civil Remedies N/A
 Hearing Officer
 Civil Remedies
Rent Registry
Fee None $5.25/unit
Rent Registry Fees are anticipated to be:
 Fully-Covered Units: $49-$52 per unit
 Partially-Covered Units: $29-$32 per
unit
Fee Pass
Through to
Tenant
N/A None No pass through to tenant
Sunset Date AB 1482: January 1, 2030 January 1, 2030 N/A

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Summary of Tenant Protections
Current State Law Current City Policy Draft Ordinance
Tenant
Protections
AB 1482:
 Rent increases are capped at the
lesser of 5% + CPI or 10% for all
eligible units
 Property owners must provide tenants
with notices describing the no-fault or
at-fault evictions, as defined in AB
1482
 Property owners must provide tenants
the opportunity to cure a curable just-
cause lease violation prior to issuing
an eviction notice
 For no-fault evictions, property owner
must provide permanent relocation
assistance equivalent to one month of
the tenant’s rent or $1,000, whichever
is greater
 Substantial rehabilitations are defined
as those requiring the tenant to
relocate for 30 days or more, and that
require building permits to be pulled

Residential Tenant
Protection Policy includes
the protections provided
by AB 1482, AND:
 Minimum lease terms
of 12 months, 6
months, or mutually
agreed upon term and
a lease in writing
 For no-fault evictions:

Permanent Relocation
assistance of two
times of the tenant’s
rent or $5,000,
whichever is greater
 Rent Registry –
multifamily rental
complexes of four or
more units must
register their units and
provide information
on tenancy, rents, and
evictions.

Includes protections provided in current
State and City policy, AND:
 Rent increases are capped at the
lesser of 60% of CPI or 3%, with a
retroactive date of January 12,
2023.
 Rent stabilization and just cause for
eviction protections expanded to
cover a greater number/type of
units than those provided by in
current policies.
 At no cost to tenants, the City
provides for upward/downward
rent adjustments through a petition
process involving a hearing officer.
 After adoption of the Ordinance,
just cause for eviction protections to
begin immediately upon move-in.
 Residential Rent Registry expanded
to cover all rental units covered by
the rent stabilization and just cause
for eviction policy provisions.

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

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Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Summary of Tenant Protections
Current State Law Current City Policy Draft Ordinance
Tenant
Protections
Continued
Ellis Act: Property owner must provide
120 days’ notice to tenants; one year
notice for seniors and tenants who are
disabled.

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.

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

Residential Tenant Anti-
Harassment Program
provides protections
based on State law, AND
includes the following
provisions:
 Violate or threaten
tenant’s quiet
enjoyment
 Fail to perform timely
repairs
 Abuse right of entry
laws
 Misrepresentation,
intimidation,
intimidation, or
coercion to encourage
tenant to vacate
 Discriminate against
tenant in violation of
Fair Employment and
Housing Act
 Refuse to accept rent
 Increased permanent relocation
assistance. Options that Council
is Considering:
o 3x HUD FMR Rent or
$8,500
o 3x HUD FMR Rent +
$3,000
o 3 x HUD FMR Rent
o With any of the three
options above, require 1
month of increased
assistance at HUD Fair
Market Rent for
protected (vulnerable)
populations including
low-income tenants,
seniors, individuals with
disabilities, terminally ill
tenants, and households
with school-age children.
 Introduction of tenant’s right of
return and temporary relocation
benefits based on number of
days tenant is expected to be
displaced from unit.

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Rent Stabilization and Just Cause for Eviction: Comparison Chart of Current Versus Proposed Policy

Page 13 ends

Attachment 3 revised after Staff Report was published on 11/22/23. Revisions reflected in red font. Attachment 3
Summary of Tenant Protections
Current State Law Current City Policy Draft Ordinance
Tenant
Protections
Continued
 Violate tenant’s
privacy
 Retaliate against
tenant
Mobile Home Rent
Stabilization:
 Limits annual space
rent increases to 80%
of CPI
 Allows for a petition
process utilizing a
hearing officer
 Substantial renovations require
building permits to be issued prior to
renovations taking place.
 Ellis Act:
o Property owner records a
memorandum encumbering
the property for the ten years
that it is off-market
o Property owner pays tenants
permanent relocation
assistance
o Tenant has right to return to
property if property is re-
rented during ten years after
withdrawal

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Applicability of the Proposed Ordinance by Housing Type Type of Unit
Rent
Stabilization
Just Cause
for Eviction
Single Family Homes/Condominiums
Multi Family Complex 2 or more units (built before
Feb 1, 1995)
Multi Family Complex 2 or more units (built after
Feb 1, 1995)
Accessory Dwelling Units
Mobile Home Units
Low Income Tax Credit (LIHTC) Housing Units (built
before Feb 1, 1995)
Low Income Tax Credit (LIHTC) Housing Units (built
after Feb 1, 1995)
Non-LIHTC units restricted by regulatory agreement
with government agency
Transient and tourist hotel occupancy
Institutional Facilities 1
Dormitories
Government-Owned Housing Accommodations
Units where owner and tenant share kitchen and
bathroom
Emergency Shelters
Residential facilities
1 Institutional Facilities include housing accommodations in a hospital, religious facility, extended care facility, licensed residential care facility for the elderly, or an adult residential facility as defined in City Municipal Code Chapter 19.40 Residential Tenant Protection Program.

Attachment 4 added after Staff Report was published on 11/22/23 Attachment 4

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From: [email protected] <[email protected]>
Sent: Thursday, October 12, 2023 8:08 PM
To: Hoffmeister, Laura <[email protected]> Subject: Rent control will destroy small business owner Dear Laura,
I have been small rental property owner in Berkeley and Oakland for years and the rent control only created a litigation cesspool against small business owners and leading insurance companies leave the state . Please do NOT vote on rent control in Concord as it only helps big businesses and litigation lawyers and destroys small businesses. More government control destroys core of small business owners . Who will pay for the rent control agencies ? Tax payers? Pandemic destroyed business and the eviction moratorium by City of Oakland and Berkeley led the small business owners and minorities go bankrupt .

Rent control only impede on the core of the foundation where our country has been built that is small business!
Are you intending to destroy it?
Can you tell me how many complaints the city of concord received from the tenants that had problems with landlords in Concord? If there are few bad apples , doesn’t mean the entire system has to go through government controlled bureaucracy that can destroy small business owners?
Currently with the high inflation cost, insurance companies leaving the state , high cost of utilities, it’s no time from City of concord to destroy small business owners .

Pandemic policies killed millions of small business owners and your support for rent control in this turbulent environment will guarantee the death of small business owners.

Thank you ,
Azita Berloui
Sent from my iPhone
Attachment 5

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From: Raji Saini <[email protected]>
Sent: Monday, October 16, 2023 11:09 AM
To: City Clerk <[email protected]>
Subject: Re: OPPOSITION TO RENT CONTROL IN CONCORD

Thank you. Please also add from my side that costs of garbage collection, water, electricity, gardening, home insurance, etc are ALL going up substantially. To be fair to all sides, the city of Concord should impose restrictions on cost increase on all these utilities, etc companies too. If you want to limit rent increase, then limit other costs increases too so that building owners are not having to pay out of pocket costs for their tenants' usage of utilities. BE FAIR TO ALL SIDES! Thank you.

Raji Saini
510-299-0382.

On Mon, Oct 16, 2023 at 10:54 AM City Clerk <[email protected]> wrote:

Thank you for your comments. There will be a public hearing on Rent Stabilization and Just Cause for Eviction on Tuesday, November 28, 2023. Your comments will be included in the meeting record.

Joelle Fockler, MMC | City Clerk
City of Concord | Website: www.cityofconcord.org
 (925) 671-3390 |  [email protected]
From: Raji Saini <[email protected]>
Sent: Thursday, October 12, 2023 1:53 PM
To: City Clerk <[email protected]>
Subject: Re: OPPOSITION TO RENT CONTROL IN CONCORD
Please share with your team that I'd like to request that the city also implement rules so that increase in property taxes, garbage collection fee, home insurance premiums etc are frozen. Fees and costs across the board are increasing for the landlords. You must put freezes on these increases too for the landlords to be fair to everyone. Please take a thorough accounts from landlords too regarding the increases in fees and costs they are having to pay so that housing to the community can be provided. Thank you.

On Thu, Sep 7, 2023 at 2:40 PM City Clerk <[email protected]> wrote:

Thank you for your comments. They will be inserted into the record, posted to the website, and sent to the City Council for review prior to the September 12 City Council meeting.

Joelle Fockler, MMC | City Clerk
City of Concord | Website: www.cityofconcord.org
 (925) 671-3390 |  [email protected]

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From: Raji Saini <[email protected]>
Sent: Thursday, September 7, 2023 1:56 PM
To: City Clerk <[email protected]>
Subject: OPPOSITION TO RENT CONTROL IN CONCORD
Dear Sir/Madam,
I oppose any and all measures pertaining to the rent control that the city of Concord is discussing and deliberating. Please make no changes to the current law or rules. Please include these comments in your consideration. Thank you.

Warm Regards,
Raji Saini
510-299-0382

--
Warm Regards,
Raji Saini

Page 89 of 296 ends

From: Debra Ballinger <[email protected]>
Sent: Tuesday, October 24, 2023 11:59 AM
To: City Clerk <[email protected]>
Subject: Concord City Council Needs a Strong and Enforceable Rent Stabilization and Just Cause Ordinance

City Clerk Joelle Fockler,
Dear Concord City Council,
Thank you for your commitment to passing tenant protections by the end of this year.

It will be critical for Council to stick to their commitment to the 3% cap or 60% of AMI (whatever is lower). Providing this predictable rent cap is vitally important to help families stay housed and rooted in their community here in Concord. As Monument Impact prepares to launch ELEVATE Concord in two weeks, the average income among the selected 120 single parent families is $21,648. Yes...only $21,648. I ask that you consider how you would cover your own housing costs (let alone other basic necessities) with income this low. Rent Stabilization and Just Cause will help alleviate the trauma that these and other low income families have been facing for years due to financial instability, rising rents, and unjust evictions.

Considering the City's own data shows rents increased by 62% between 2011 and 2021, far outpacing the growth of renter incomes, a strong rent stabilization and just cause ordinance will create stability for families, younger generations, and seniors.

I also support these demands:

1. Meaningful Enforcement: We need a robust rent program by levying modest fees per unit on landlords, as other cities have done. This funding would expand city staffing capacity to ensure the ordinance is effective and regulated while not overburdening current staff.

2. Fraud Prevention: Landlords should be required to show proof of intended no-fault evictions (i.e. Substantial renovations, Ellis Act) and the City should levy fines for those who make false claims in order to evict long-term tenants to get higher-paying tenants .

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3. The Right to Return: It is important that those who are temporarily relocated during legitimate renovations need the right of return to their unit at the same price upon completion.

4. Adequate Relocation Assistance: Residents who are evicted from their home through no fault of their own deserve adequate funds to help them get into a comparable unit, and to cover the burdensome moving costs. The City's current relocation program is woefully inadequate in today's rental market.

Please don't make this urgently needed policy a division between tenants and "mom & pop" landlords. There is sufficient data that shows they are in the minority since the majority of rental properties in Concord are corporate-owned.

Respectfully,
Debra Ballinger
Debra Ballinger
[email protected]
1760 Danesta Dr
Concord, California 94519

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From: Jennifer Morales <[email protected]>
Sent: Wednesday, October 25, 2023 11:01 AM
To: City Clerk <[email protected]>
Subject: Concord City Council Needs a Strong and Enforceable Rent Stabilization and Just Cause Ordinance

City Clerk Joelle Fockler,
Dear Concord City Council,
I have worked as a community organizer and now the organizing manager at Monument Impact in Concord for the last 6 years. I am so glad to see the Council has committed to passing tenant protections by the end of this year to address the housing affordability crisis and to help limit growing unjust evictions in Concord.

At Monument Impact, the calls have continued to increased regarding either folks rent being stolen, rent still being owed from the pandemic, folks getting rent increases and more. These ordinances being passed are so important and it's great to be able to tell folks that they will be passing at the end of the year. This means these ordinances need to be strong! Concord renters have been asking for relief from skyrocketing rents in this city for years.

According to the City’s Housing Element, rents increased by 62% between 2011 and 2021, far outpacing the growth of renter incomes. A strong rent stabilization and just cause ordinance will create stability for families, younger generations, and seniors. So we are grateful to the City Council for their commitment to the 3% cap or 60% of AMI (whatever is lower), which an overwhelming number of speakers demanded during the Sept. 5th Council Meeting. Providing this predictable and reasonable rent cap that is more connected to people’s wages will help families stay housed and rooted in their community here in Concord.

Sixty six percent of multi-family units in Concord are owned by the top 10% of landlords,

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which include about 50 companies. Meanwhile, only 15% of multifamily units and 22% of investor-owned units in Concord are owned by local investors.

I applaud the progress Council made during the recent meetings to help ensure the ordinance protects residents from corporate greed. I truly hope that the Council also makes sure this ordinance has teeth and incorporates the following components that are key to keeping families housed.
• Meaningful Enforcement: We need a robust rent program by levying modest fees per unit on landlords, as other cities have done. This funding would expand city staffing capacity to ensure the ordinance is effective and regulated while not overburdening current staff. • Fraud Prevention: Landlords should be required to show proof of intended no-fault evictions (i.e. Substantial renovations, Ellis Act) and the City should levy fines for those who make false claims in order to evict long-term tenants to get higher-paying tenants . • The Right to Return: It is important that those who are temporarily relocated during legitimate renovations need the right of return to their unit at the same price upon completion. • Adequate Relocation Assistance: Residents who are evicted from their home through no fault of their own deserve adequate funds to help them get into a comparable unit, and to cover the burdensome moving costs.

I strongly support these important policy provisions to make Concord’s Just Cause and Rent Stabilization ordinance truly effective and meaningful in protecting people like me and my neighbors from Concord’s excessive rent increases and wave of unjust evictions.

I am counting on your leadership to deliver a strong ordinance that truly will make a difference in the lives of thousands of working class families and seniors who need more affordable rents and economic stability.

Thank you so much,
Jennifer Morales

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Organizing Manager
Monument Impact
Jennifer Morales
[email protected]
1760 Clayton Road
Concord, California 94520

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From: sandy mccabe <[email protected]>
Sent: Saturday, November 4, 2023 12:24 PM
To: Hoffmeister, Laura <[email protected]> Subject: New Rent Control proposals

Dear Mayor Laura Hoffmeister,
As a landlord for 20 years in Concord, I am disappointed by the Council's tendency to paint all landlords with the same brush. I have leased my apartment building to Shelter Inc since 2024, providing housing to the unhoused. At first as transitional housing and now, in accord with the HUD directive, as permanent housing. The rent that I charge is substantially below what HUD indicates is the rate for 1- bedroom apartments - over $600 below. I could easily rent these apartments for double what I charge - but feel strongly that this is a need that must be met. I also have a single- family home that has long been rented at $1,200, well under market.

My concerns are that, after a delay in any rent increase for several years, I raised the rent in May of this year, and will be facing a roll back and reimbursement. Had I known that you would be changing the rent rules in September, I would have waited.

While it seems reasonable to roll the reimbursement period to September, when this was in the wind and landlords would have known - it is unreasonable to push the rollback to January. I ask that you limit the reimbursement rollback period to September.

Also, the substantial increase for rent registration fees from $5 to nearly $1,000 per unit will certainly be a shock to my bottom line - costing me over a month's income.

I am truly dismayed by the prospect of the HUD rate for units being the basis for eviction minimum rental reimbursement rather than actual lower rents. How is this justifiable?
I wish that you could find some way to differentiate between landlords that are charging rates over the HUD rating and those, like myself, that are substantially below - and support those of us that are maintaining affordable housing for the residents of Concord.

Perhaps, basing the registration fees on the actual rents charged? I am frequently approached by agents hoping to purchase the properties that I have, and I have long resisted, knowing a sale will displace my current tenants in an extremely difficult rental market. These rent control proposals will do nothing to

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make more housing affordable - they will drive landlords, like myself, to sell, pushing now affordable housing into market rate.

I urge you to reconsider the timeframe for the rent rollback - to begin September 1st.

I urge you to consider tying the rent registration fees to the actual rent charged.

And, I urge you to recognize and support 'mom and pop' landlords who provide crucial affordable housing in the city of Concord.

Sandralee McCabe
6242 Robin Hood Way
Oakland, CA 94611

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City Clerk Joelle Fockler,
Dear Concord City Council,
I am so glad to see the Council has committed to passing tenant protections by the end of this year to address the housing affordability crisis and to help limit growing unjust evictions in Concord.

Concord renters have been asking for relief from skyrocketing rents in this city for years. According to the City’s Housing Element, rents increased by 62% between 2011 and 2021, far outpacing the growth of renter incomes. A strong rent stabilization and just cause ordinance will create stability for families, younger generations, and seniors. So we are grateful to the City Council for their commitment to the 3% cap or 60% of AMI (whatever is lower), which an overwhelming number of speakers demanded during the Sept. 5th Council Meeting. Providing this predictable and reasonable rent cap that is more connected to people’s wages will help families stay housed and rooted in their community here in Concord.

It is disturbing to see the rental market increasingly skewed by the influence of corporate owners and the desire to maximize profits, at the expense of the community. Unfortunately, corporate investors – not local "mom-and-pop" landlords – dominate Concord's rental market. Sixty six percent of multi- family units in Concord are owned by the top 10% of landlords, which include about 50 companies.

Meanwhile, only 15% of multifamily units and 22% of investor-owned units in Concord are owned by local investors.

Substantial renovations, Ellis Act) and the City should levy fines for those who make false claims in order to evict long-term tenants to get higher-paying tenants . • The Right to Return: It is important that those who are temporarily relocated during legitimate renovations need the right of return to their unit at the same price upon completion.

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• Adequate Relocation Assistance: Residents who are evicted from their home through no fault of their own deserve adequate funds to help them get into a comparable unit, and to cover the burdensome moving costs.

The following people sent the above email:

1. Garcia Freddy, Concord, CA

2. Kathy Youngson, Concord, CA

3. Maria Dominguez, Concord, CA

4. Jody Smith, Concord, CA

5. Michelle Puckett, Richmond, CA

6. John Wachira, Walnut Creek, CA

7. Ashish Dixit, Concord, CA

8. Claudia Washington, Concord, CA

9. Carlos Olaizola, Concord, CA

10. Niko Gonzalez, Concord, CA

11. Melissa Cardinet, Walnut Creek, CA

Page 98 of 296 ends

From: Kenneth Astl <[email protected]>
Sent: Wednesday, November 22, 2023 11:02 AM
To: Hoffmeister, Laura <[email protected]> Subject: City of Concord Rent Stabilization

I recently heard about a new law being proposed in Concord to limit the ability of Owners to increase rents to 60% of CPI or 3%, whichever is lower.

I am the owner of a small 4-plex in Concord and it is my sole retirement income. If you restrict how much I can increase rents, that will be detrimental to how I can make decisions on what repairs I make and when I make them. Many times, my expenses go up year over year above that amount.

I don't think there are any studies that suggest that rent control has ever had the desired effect for a community to reduce rents for tenants.

If the government wants to help tenants, it can expand the stock of housing, provide more subsidies for them, etc.

This shouldn't be put on the backs of small investors like me whose income is less than what many of my tenants earn. Last year I was in the 12% tax bracket so could be considered lower income. I think people assume that owners are all rich corporations, but this is not always the case.

And this law will also encourage owners to seek workarounds which can reduce the number of affordable units available.

Please reconsider this very restrictive law. I don't think it will have a positive effect for the City of Concord.

thanks,

Ken.

Attachment 6

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From: Christopher Parker <[email protected]> Sent: Thursday, November 23, 2023 12:37 PM
To: Concord City Council Email <[email protected]> Subject: Just cause eviction & VA loans

Hello, I have a question regarding the proposed just cause eviction ordinance and VA loans. If a veteran buys a 4-unit property using a VA loan, are they expected to pay relocation fee to the current tenants? If this is the case, I believe this will violate the intent of the GI Bill, which is to allow a veteran to purchase a home without any out-of-pocket expenses. Please add an exception for homes purchased with VA loans.

Christopher Parker
Associate Broker
Superior Home Realty
DRE 02130733
925-301-7535
superiorhomerealty.com

Page 100 of 296 ends

From: [email protected] <[email protected]>
Sent: Sunday, December 3, 2023 8:48 PM
To: City Clerk <[email protected]>
Subject: Proposed Concord Rent Control

Good evening. I am writing to voice my concern over the rent control being proposed in Concord that would cap the yearly rent increase to 3% or 60% of the Consumer Price Index (whichever is lower). The current CPI is 3.2% which would only allow for a 1.92% increase. This is significantly lower than the California state rental control of 10% or 5% plus the Consumer Price Index (whichever is lower). I will explain why I feel this proposed rent control will negatively impact both landlords and tenants in Concord.

My wife and I own three (3) four-unit apartment buildings in Concord. We purchased the building at 2243 Hillsborough Ct. in 2008 and two adjacent buildings at 1681 and 1691 Haller Ct. in 2014.

I have taken the time to detail both the income and expenses fo r all three properties (see attached spreadsheets) and I hope you will review them.

Our ability to raise the rent to match the rising cost of water, garbage, insurance, pest control, property taxes, Concord licensing fees and inspections, and repairs has allowed us to improve all three of the properties with new roofs, new bathrooms, kitc hens, floors, air conditioning units, furnaces, appliances, etc.

The historic yearly rent increases for 2243 Hillsborough Ct. are detailed below:
• 0.13%, -20.35% (2008 U.S. Financial Crisis ), 24.86%, 3.9%, 0.30%, 1.22%, 5.99%, 3.58%, 3.65%,

6.99%, 3.44%, 4.54%, 1.82%, 7.91%, 3.95%

The historic yearly rent increases for 1681 Haller Ct. are detailed below:
• 4.3%, 5.01%, 8.84%, 4.83%, 6.57%, 0.96%, 3.88%, - 9.38% (tenant had to be evicted for non - payment of rent)

The historic yearly rent increases for 1691 Haller Ct. are detailed below:
• 4.33%, 4.01%, 10.25%, 4.43% 5.66%, 0.38%, 7.16%, 3.69%

All of the rent increases were to offset rising fixed costs (water, garbage, insurance, pest control, property taxes, Concord licensing fees, etc.) and repairs and were in line with other rents in the neighborhood. All of the rent increases would have also been under the CA rent control with only two exceptions.

Last year, the City of Concord raised their business license renewal 5.57%, garbage went up 11 - 12%, insurance went up 5.3%, water went up 5-47%, PG&E went up 6%, property taxes went up 2%, etc.

Imposing the proposed rent control for Concord will force landlords to find a way to cut costs and delay/defer repairs and improvements on their properties. When we purchased the buildings, the previous landlords had installed used water heaters in the bui lding with inadequate safety measures, had no working air conditioning units, had heaters that didn’t work, had no safety

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exterior lighting, etc. We increased rents to pay for those improvements for the benefit of the tenants and didn’t see any increased profit for ourself.

We have very few tenants move out because we take very good care of the buildings and raise their rent in small increments every year to cover our costs and keep the rent stable so they don’t have to move.

I hope you consider the above information when making your decision and welcome the opportunity to discuss this issue with you if you have any questions.

Best,

Gary Sabbadini
(925-286-4187)

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1681 Haller Ct.

Partial 2014 2015 % Prev Yr 2016 % Prev Yr 2017 % Prev Yr 2018 % Prev Yr 2019 % Prev Yr 2020 % Prev Yr 2021 % Prev Yr 2022 % Prev Yr 2023 Water $660.40 $2,172.92 99.61% $2,164.49 107.39% $2,324.38 95.87% $2,228.31 97.86% $2,180.57 103.69% $2,261.07 94.47% $2,136.06 146.97% $3,139.43 147.19% $4,620.80 Property Taxes $2,563.58 $10,441.38 102.19% $10,669.64 103.46% $11,038.74 104.02% $11,481.98 104.61% $12,010.96 101.26% $12,161.86 101.13% $12,299.64 103.08% $12,678.46 102.01% $12,933.44 Garbage $455.44 $1,555.20 137.10% $2,132.20 81.08% $1,728.80 113.26% $1,958.00 125.11% $2,449.60 96.90% $2,373.60 100.00% $2,373.60 104.09% $2,470.60 112.64% $2,782.80 Insurance $1,240.00 $1,299.15 101.15% $1,314.15 101.07% $1,328.15 106.63% $1,416.15 103.25% $1,462.15 101.78% $1,488.15 115.93% $1,725.15 107.88% $1,861.15 105.27% $1,959.15 Repairs $4,235.43 $6,997.17 45.08% $3,154.06 63.52% $2,003.58 1277.27% $25,591.15 194.37% $49,741.42 7.63% $3,795.61 577.18% $21,907.50 71.27% $15,614.04 159.58% $24,916.36 PG&E $123.39 $303.75 113.96% $346.15 87.32% $302.27 95.25% $287.91 90.18% $259.64 106.74% $277.14 133.55% $370.11 80.88% $299.36 105.46% $315.70 Concord Business License $61.08 $62.04 102.45% $63.56 74.20% $47.16 108.99% $51.40 104.05% $53.48 102.77% $54.96 101.02% $55.52 103.53% $57.48 105.57% $60.68 Concord Inspection Fee $392.00 $196.00 233.16% $457.00 0.00% $1,379.00 13.92% $192.00 1156.76% $2,220.98 46.69% $1,037.04 102.75% $1,065.53 144.90% $1,544.00 Concord Rent Registry $21.00 109.52% $23.00 100.00% $23.00 Fire Permit $100.00 100.00% $100.00 100.00% $100.00 100.00% $100.00 100.00% $100.00 100.00% $100.00 115.00% $115.00 100.00% $115.00 100.00% $115.00 Pest Control $320.00 $571.50 115.49% $660.00 63.64% $420.00 171.43% $720.00 60.42% $435.00 143.68% $625.00 40.80% $255.00 305.88% $780.00 83.33% $650.00 Subtotal $10,051.32 $23,699.11 88.87% $21,061.25 91.60% $19,293.08 222.80% $42,985.59 160.25% $68,884.82 36.81% $25,358.37 166.79% $42,295.62 90.09% $38,104.05 131.01% $49,920.93 Mortgage Expense $19,089.60 $45,815.04 $45,815.04 $45,815.04 $45,815.04 $45,815.04 $45,815.04 $45,815.04 $45,815.04 $45,815.04 Total Expenses $29,140.92 $69,514.15 96.21% $66,876.29 97.36% $65,108.12 136.39% $88,800.63 129.17% $114,699.86 62.05% $71,173.41 123.80% $88,110.66 95.24% $83,919.09 114.08% $95,735.97 Rent $26,950.00 $65,100.00 104.30% $67,900.00 105.01% $71,300.00 108.84% $77,600.00 104.83% $81,350.00 106.57% $86,693.00 100.96% $87,526.75 103.88% $90,925.00 90.62% $82,400.00 Rent - Expenses -$2,190.92 -$4,414.15 -23.19% $1,023.71 604.85% $6,191.88 -180.89% -$11,200.63 297.75% -$33,349.86 -46.54% $15,519.59 -3.76% -$583.91 -1199.83% $7,005.91 -190.35% -$13,335.97

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1691 Haller Ct.

Partial 2014 2015 % Prev Yr 2016 % Prev Yr 2017 % Prev Yr 2018 % Prev Yr 2019 % Prev Yr 2020 % Prev Yr 2021 % Prev Yr 2022 % Prev Yr 2023 Water $714.43 $2,122.80 97.26% $2,064.73 111.00% $2,291.92 113.77% $2,607.54 110.14% $2,871.92 91.78% $2,635.92 102.54% $2,702.79 110.78% $2,994.02 104.72% $3,135.41 Property Taxes $7,536.40 $10,216.08 102.23% $10,443.76 103.49% $10,808.26 104.04% $11,244.58 104.63% $11,765.02 101.26% $11,913.00 101.15% $12,049.90 103.10% $12,423.56 102.03% $12,676.36 Garbage $455.44 $1,555.20 136.52% $2,123.20 73.38% $1,558.00 125.67% $1,958.00 115.89% $2,269.20 104.60% $2,373.60 100.00% $2,373.60 104.90% $2,490.00 111.76% $2,782.80 Insurance $1,298.00 $1,356.15 101.18% $1,372.15 101.09% $1,387.15 106.56% $1,478.15 103.31% $1,527.15 101.70% $1,553.15 114.87% $1,784.15 107.85% $1,924.15 105.30% $2,026.15 Repairs $17,998.15 $4,555.65 102.57% $4,672.67 583.86% $27,281.77 34.02% $9,280.04 539.64% $50,079.16 11.40% $5,711.00 611.00% $34,894.11 10.84% $3,784.00 53.55% 21,699.59 PG&E $123.39 $303.75 113.96% $346.15 87.32% $302.27 95.25% $287.91 90.18% $259.64 106.74% $277.14 133.55% $370.11 80.88% $299.36 105.46% $315.70 Concord Business License $61.08 $62.44 101.79% $63.56 74.20% $47.16 108.99% $51.40 104.05% $53.48 102.77% $54.96 101.02% $55.52 103.53% $57.48 105.57% $60.68 Concord Inspection Fee $196.00 0.00% #DIV/0! $270.00 47.41% $128.00 95.31% $122.00 0.00% #DIV/0! $2,131.06 31.06% $662.00 Concord Rent Registry $21.00 109.52% $23.00 100.00% $23.00 Fire Permit $100.00 100.00% $100.00 100.00% $100.00 100.00% $100.00 100.00% $100.00 100.00% $100.00 115.00% $115.00 100.00% $115.00 100.00% $115.00 Pest Control $320.00 $571.50 115.49% $660.00 63.64% $420.00 171.43% $720.00 60.42% $435.00 90.57% $394.00 64.72% $255.00 305.88% $780.00 83.33% $650.00 Subtotal $28,506.89 $21,039.57 103.83% $21,846.22 202.31% $44,196.53 57.45% $25,390.08 273.68% $69,488.57 36.17% $25,134.77 217.31% $54,621.18 49.47% $27,021.63 163.38% $44,146.69 Mortgage Expense $17,842.40 $42,821.76 $42,821.76 $42,821.76 $42,821.76 $42,821.76 $42,821.76 $42,821.76 $42,821.76 $42,821.76 Total Expenses $46,349.29 $63,861.33 101.26% $64,667.98 134.56% $87,018.29 78.39% $68,211.84 164.65% $112,310.33 60.51% $67,956.53 143.39% $97,442.94 71.68% $69,843.39 124.52% $86,968.45 Rent $26,600.00 $64,700.00 104.33% $67,500.00 104.01% $70,205.00 110.25% $77,400.00 104.43% $80,825.00 105.66% $85,400.00 100.38% $85,725.00 107.16% $91,863.50 103.69% $95,255.00 Rent - Expenses -$19,749.29 $838.67 337.68% $2,832.02 -593.69% -$16,813.29 -54.65% $9,188.16 -342.67% -$31,485.33 -55.40% $17,443.47 -67.18% -$11,717.94 -187.92% $22,020.11 37.63% $8,286.55

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2243 Hillsborough Ct.
2008 % Prev Yr 2009 % Prev Yr 2010 % Prev Yr 2011 % Prev Yr 2012 % Prev Yr 2013 % Prev Yr 2014 % Prev Yr 2015 % Prev Yr 2016 % Prev Yr 2017 % Prev Yr 2018 % Prev Yr 2019 % Prev Yr 2020 % Prev Yr 2021 % Prev Yr 2022 % Prev Yr 2023 Water $1,078.95 116.85% $1,260.73 90.73% $1,143.89 134.94% $1,543.59 74.38% $1,148.17 122.31% $1,404.34 104.88% $1,472.83 88.42% $1,302.28 109.11% $1,420.92 97.28% $1,382.24 108.86% $1,504.64 98.05% $1,475.35 133.76% $1,973.41 64.48% $1,272.50 146.86% $1,868.79 116.70% $2,180.80 Property Taxes $7,315.72 90.62% $6,629.42 100.46% $6,659.94 101.23% $6,741.68 108.70% $7,328.34 91.41% $6,699.14 122.17% $8,184.26 118.01% $9,658.48 110.27% $10,650.58 101.89% $10,852.06 123.00% $13,347.66 113.00% $15,082.88 101.25% $15,271.16 100.99% $15,421.88 102.89% $15,867.80 101.78% $16,150.76 Garbage $3,239.97 74.69% $2,420.00 56.28% $1,362.00 93.69% $1,276.00 113.57% $1,449.20 110.76% $1,605.16 112.16% $1,800.32 106.47% $1,916.80 102.42% $1,963.20 79.36% $1,558.00 125.67% $1,958.00 115.89% $2,269.20 104.60% $2,373.60 100.00% $2,373.60 104.90% $2,490.00 111.73% $2,782.20 Insurance $1,598.00 102.38% $1,636.00 100.73% $1,648.00 103.82% $1,711.00 103.21% $1,766.00 101.93% $1,800.00 103.17% $1,857.00 101.73% $1,889.15 101.43% $1,916.15 104.80% $2,008.15 103.73% $2,083.15 102.16% $2,128.15 106.63% $2,269.15 104.67% $2,375.15 110.30% $2,619.79 102.61% $2,688.15 Repairs $5,115.77 465.88% $23,833.57 109.58% $26,116.19 12.67% $3,309.61 28.03% $927.75 301.16% $2,794.05 633.24% $17,692.92 97.23% $17,203.58 12.64% $2,173.82 174.67% $3,796.92 155.74% $5,913.45 13.24% $783.22 1725.34% $13,513.21 40.84% $5,519.10 125.41% $6,921.56 335.70% $23,236.00 Concord Business License #DIV/0! #DIV/0! $86.52 0.00% #DIV/0! $88.12 102.59% $90.40 67.57% $61.08 102.23% $62.44 72.97% $45.56 103.51% $47.16 108.99% $51.40 104.05% $53.48 102.77% $54.96 101.02% $55.52 103.53% $57.48 105.57% $60.68 Concord Inspection Fee $160.00 102.50% $164.00 135.37% $222.00 0.00% #DIV/0! #DIV/0! $255.00 0.00% #DIV/0! #DIV/0! $261.00 0.00% #DIV/0! $334.00 68.26% $228.00 220.18% $502.00 12.75% $64.00 1465.63% $938.00 0.00% Concord Rent Registry $21.00 109.52% $23.00 100.00% $23.00 Fire Permit #DIV/0! #DIV/0! $47.50 113.68% $54.00 133.33% $72.00 104.17% $75.00 113.33% $85.00 100.00% $85.00 117.65% $100.00 100.00% $100.00 100.00% $100.00 100.00% $100.00 100.00% $100.00 100.00% $100.00 115.00% $115.00 100.00% $115.00 Pest Control #DIV/0! #DIV/0! $575.00 53.91% $310.00 116.13% $360.00 0.00% #DIV/0! $590.00 47.46% $280.00 0.00% #DIV/0! #DIV/0! $150.00 83.33% $125.00 0.00% #DIV/0! $320.00 79.69% $255.00 176.47% $450.00 Subtotal $18,508.41 194.20% $35,943.72 105.33% $37,861.04 39.48% $14,945.88 87.91% $13,139.58 112.05% $14,723.09 215.60% $31,743.41 102.06% $32,397.73 57.20% $18,531.23 106.55% $19,744.53 128.86% $25,442.30 87.43% $22,245.28 162.09% $36,057.49 76.33% $27,522.75 113.20% $31,156.42 153.06% $47,686.59 Mortgage Expense $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 $48,153.72 Total Expenses $66,662.13 126.15% $84,097.44 102.28% $86,014.76 73.36% $63,099.60 97.14% $61,293.30 102.58% $62,876.81 127.07% $79,897.13 100.82% $80,551.45 82.79% $66,684.95 101.82% $67,898.25 108.39% $73,596.02 95.66% $70,399.00 119.62% $84,211.21 89.87% $75,676.47 104.80% $79,310.14 120.84% $95,840.31 Rent $57,019.00 100.13% $57,092.00 79.65% $45,472.36 124.86% $56,775.00 103.90% $58,987.25 100.30% $59,166.40 101.22% $59,890.00 105.99% $63,475.00 103.58% $65,750.00 103.65% $68,150.00 106.99% $72,912.50 103.44% $75,420.00 104.54% $78,845.00 101.82% $80,283.00 107.91% $86,635.00 103.95% $90,061.00 Rent - Expenses -$9,643.13 280.05% -$27,005.44 150.13% -$40,542.40 15.60% -$6,324.60 36.46% -$2,306.05 160.90% -$3,710.41 539.22% -$20,007.13 85.35% -$17,076.45 5.48% -$934.95 -26.93% $251.75 -271.51% -$683.52 -734.58% $5,021.00 -106.88% -$5,366.21 -85.84% $4,606.53 159.01% $7,324.86 -78.90% -$5,779.31

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From: Ethan Silverstein <[email protected]>
Sent: Monday, December 4, 2023 4:54 PM
To: Hoffmeister, Laura <[email protected]>; Birsan, Edi <[email protected]>; Aliano, Dominic <[email protected]>; Nakamura, Laura <[email protected]>; Obringer, Carlyn <[email protected]>; Brown, Susanne <[email protected]>; Barone, Valerie <[email protected]>; Marstall, Kevin <[email protected]>; Huckabay, Sophia <[email protected]> Cc: Leah Simon-Weisberg <[email protected]>; Jackie Zaneri <[email protected]>; Latrel Powell <[email protected]>; [email protected] <[email protected]>; Victoria Snyder <[email protected]>; Mihaela Gough <[email protected]> Subject: Proposed Residential Tenant Protection Program Ordinanc

Dear Council, City Attorney, and staff:

Attached, Please find a letter concerning Concord's proposed Residential Tenant Protection Program ordinanc from the California Center for Movement Legal Services, Centro Legal de la Raza, Public Advocates, Bay Area Legal Aid, and Contra Costa Senior Legal Services. We have also attached suggested changes to the proposed ordinance.

We hope these resources will be helpful to the city in protecting Concord tenants.

Thank you,
--
Ethan Silverstein (he/him)
Staff Attorney
California Center for Movement Legal Services

CONFIDENTIALITY NOTICE: This message may contain information that is confidential and/or subject to attorney-client privilege. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy or disclose this message (or any information contained herein or attached hereto). If you have received this message in error, please advise the sender immediately by reply e-mail and delete this message.

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December 4, 2023
Sent via email to: Mayor Hoffmeister: [email protected] ; Vice Mayor Birsan:
[email protected] ; Councilmember Aliano: [email protected] Councilmember Nakamura: [email protected] ; Councilmember Obringer:
[email protected] ; City Attorney Brown: [email protected] ; City Manager Barone: V [email protected]; Community Development Director Marstall:
[email protected] ; Housing Manager Huckabay: [email protected]; Dear Concord City Council, Staff, and City Attorney:

We are writing regarding Concord’s proposed Just Cause and Rent Control Ordinance. We appreciate the City taking bold steps to protect tenants. The City heard the tenants' voices and attempted to implement the essential pieces of policy tenants and their advocates requested. However, possibly through error, the Ordinance as written does not reflect the directives of the City Council. Corrections in drafting can quickly correct these problems, which include:

1. Exemptions that cause most tenants not to be covered by the ordinance;

2. A “fair return” standard that makes the 3 percent rent cap optional;

3. Easily exploitable owner move-in provisions;

4. Lack of a defense to eviction;

5. Improper and incomplete Ellis Act protections;

6. Insufficient and unclear relocation requirements;

7. Lack of protections for tenants who must replace a departing roommate;

8. Absence of a provision requiring the collection of eviction notice; and

9. Other substantive drafting errors throughout the ordinance.

I. The Ordinance’s Exemptions Must be Redrafted To Ensure The Ordinance Covers Concord Tenants.

While a first glance at the ordinance gives the impression that most tenants are protected, this is not the case. The proposed ordinance relies on portions of the Concord Municipal Code to define key terms.

Relying on these definitions leads to most properties in Concord not being covered by the ordinance.

A. The “ADU” exemption is too broad and can be reasonably interpreted to include all housing units.

The proposed ordinance exempts all ADUs. 1 This exemption points to another portion of the Concord 1 (Concord Mun. Code, § 19.40.020 subd. (a)(9).) All citations to Chapter 19 are to the proposed ordinance.

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Municipal Code2 that defines an “ADU” as a housing unit that is “attached, interior or detached” and “on the same lot with a proposed or existing single-family principal or multifamily principal dwelling unit.” 3 This means that any housing unit is exempt from the ordinance if it is on the same lot as another housing unit, even if that other unit is only proposed and does not actually exist. This definition means that almost all housing units are exempt.

B. The “Residential Facility” exemption can also be reasonably interpreted to include all housing units.

Through a similar cross-referencing, the ordinance also exempts all “residential facilit[ies].” 4 This term is defined (outside of the ordinance) as including “rooming and boarding houses, dormitories, fraternities, sororities, private residential clubs, residential hotels intended for long-term occupancy (30 days or more), single room occupancies (SROs)” and “a facility that provides shared living quarters with shared kitchen and bathroom facilities.” 5 Arguably, any housing unit where two people live would be exempt, as it provides “shared living quarters with shared kitchen and bathroom facilities.” This definition, too, would lead to nearly all Concord tenants being exempt from the ordinance.

C. Several other exemptions are also too broad.

Several other exemptions in the ordinance, as drafted, are also unreasonably broad or unnecessary. There is no policy justification for a complete exemption for “deed-restricted” properties. 6 The total exemption for all “government-owned” properties is also unnecessarily broad. 7 ACTION: The Ordinance must be revised to apply to as many Concord Tenants as possible, with limited exceptions.

II. The Right To a Reasonable Return On Investment is Required But Must be Written to Protect Landlord Investment – Not Make Rent Caps Meaningless.

At first glance, the ordinance appears to impose a three percent maximum cap on rent increases, as requested by tenant advocates. Unfortunately, the ordinance sets up a mechanism that makes this cap optional.8 The ordinance calls this mechanism a “fair return petition.” Ordinarily, a fair return petition process in a rent control ordinance allows a landlord to petition for a rent increase above the cap by demonstrating that they are not receiving enough of a return on their investment. This is ordinarily demonstrated by showing the landlord’s operating costs and expenses versus revenues in a clearly defined manner.
8 (Concord Mun. Code, § 19.40.050.)
7 (Concord Mun. Code, § 18.40.020 subd. (a)(4).)
6 (Concord Mun. Code, § 18.40.020 subd. (a)(9).)
5 (Concord Mun. Code, § 18.20.020.)
4 (Concord Mun. Code, § 19.40.020 subd. (a)(7).)
3 (Concord Mun. Code, § 18.200.180.)
2 After first pointing to another section of the ordinance. (Concord Mun. Code, § 19.40.010(c)(1).)

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However, the standard for “fair return” in the proposed ordinance is very different from those used by any city with meaningful rent control. Instead, the standard allows the landlord to file a petition to impose a rent increase greater than 3% if their level of profit, as determined by the landlord, has not increased more than the rate of inflation. 9 For example, under this ordinance, if a landlord had a lower “net operating income” (or even the same) because the landlord added marble countertops and dishwashers to vacant units, the landlord would be entitled to receive a greater rent increase. 10 This would make it very easy for a landlord to avoid the ordinance’s rent caps, to the point of making them illusory.

ACTION: The ordinance must use a reasonable standard for fair return petitions, such as those used in Antioch, Oakland, Richmond, or San Francisco.

III. The Ordinance Does not Protect Against Abuse of Owner Move-In Evictions.

Ordinarily, an “owner move-in” eviction is a special type that allows a landlord or their close relative to move into a property. Usually, there is a limitation on who counts as an “owner.” Under the proposed ordinance, almost anyone can conduct an owner move-in eviction. For example, family members with a 1% interest in a property can evict a tenant, claiming they are the “owner.” 11 Similarly, anyone who claims to be associated with an LLC can be an owner. 12 On top of that, to permanently evict a tenant, the supposed “owner” only needs to intend to live in the property for one year instead of the three-year standard commonplace in rent-controlled jurisdictions. 13 The draft further fails to include the requirement that landlords carry out owner move-in evictions in “good faith, with honest intent, and no ulterior motive,” as many other cities require. Further, most jurisdictions prohibit this type of eviction where the tenants are disabled or elderly. The proposed ordinance invites bad faith tactics to evict tenants using this type of eviction. This issue is prevalent even in cities with adequate tenant protections.14
ACTION: Limit owner move-in evictions to real landlords with at least a 51% ownership interest in the property, protect disabled and elderly tenants, and ensure that landlords intend to live at the property for three years if they permanently evict tenants.

IV . Tenants Cannot Use the Ordinance as a Defense to an Eviction.

We appreciate the ordinance’s strong affirmative remedies. However, allowing tenants to sue after being wrongfully displaced is not sufficient. The ordinance must contain language unambiguously stating that violating the ordinance is a defense to an unlawful detainer, meaning that landlords who want to evict must comply with the ordinance. This language is imperative to ensure the ordinance keeps families housed.
14 J.K. Dineen, S.F . tenants made millions after suing landlords over bogus owner move-in evictions, San Francisco Chronicle (Dec. 17, 2021).
13 (Concord Mun. Code, § 19.40.070 subd. (d)(1)(.c).)
12 (Concord Mun. Code, § 19.40.070 subd. (d)(1)(.g)(i)(B).) 11 (Concord Mun. Code, § 19.40.070 subd. (d)(1)(.f)(ii).) 10 (Ibid.)
9 (Concord Mun. Code, § 19.40.050(a)(4).)

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ACTION: The ordinance must add specific language granting tenants a defense to evictions.

V . The Ordinance Fails to Properly Implement the Ellis Act’s Authorized Protections.

The Ellis Act is a state law that prohibits cities from passing laws that prohibit landlords from “going out of business” by evicting ALL tenants at a property. 15
The Ellis Act was passed because a seventeen-year-old’s mother gave him an apartment, and he wanted to “evict the group of ingrates inhabiting my units, tear down the building, and hold on to the land until I can sell it at a price which will not mean a ruinous loss on my investment." 16 When Santa Monica disallowed the demolition, the teenager sued the city. The case went to the California Supreme Court, where he lost. 17 The state legislature passed the Ellis Act to overturn the Supreme Court’s decision. 18 While Concord must abide by the Ellis Act, the Ellis Act itself authorizes numerous protections cities can pass to protect tenants. While the ordinance applies many of these protections, it fails to implement the crucial protection that a landlord demonstrates they are genuinely going out of business by removing all of the rental units at a property. 19 Without specifically implementing this protection, a landlord can evict only the low-rent paying tenants under the guise of “withdrawing” the units from the rental market while leaving high-rent paying tenants in place. 20 In addition to failing to implement critical authorized protections, the draft ordinance provides tenants with unlawful protections, such as 180 days' notice for all tenants before a landlord can commence eviction proceedings.21
ACTION: The City should adopt the proposed language in the Movement Legal redline, which implements all of the act’s authorized protections.

VI. The Ordinance’s Relocation Payments for No-Fault Evictions Must be Raised and the Requirements Clarified.

Advocates are grateful that the city intends to pass an ordinance with relocation payments for no-fault evictions. However, the proposed payments fail to consider that when landlords displace tenants for no fault of their own, tenants not only need to move but also enter the decontrolled rental market. While three months of market rent helps tenants mitigate this harm, it is not a complete solution. Tenant advocates
21 (Concord Mun. Code, § 19.40.070 subds. (d)(2)(.b), (d)(2)(.d).) 20 (Concord Mun. Code, § 19.40.070 subd. (d)(2) (authorizing “Withdrawal of the Covered Rental Unit”).) 19 (Cal. Gov. Code, § 7060.7 subd. (d)(1).)
18 (Cal. Gov. Code, § 7060.7)
17 (Id. at p. 109.)
16 (Nash v. City of Santa Monica (1984) 37 Cal.3d 97, 101.) 15 (Cal. Gov. Code, §§ 7060 - 7060.7.)

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request that a three thousand dollar moving stipend be added to the permanent relocation payment. 22 We have no objection to waiver of relocation payments in the event tenants are offered a new comparable rent-controlled unit at the same rental rate. However, advocates request that landlords give clear disclosures concerning this option, as tenants will be waiving significant relocation payments. Tenant advocates also request a $1,500 moving stipend to offset the cost of moving.

ACTION: Add moving stipends and require landlords to make important disclosures in replacement unit offers.

VII. The Ordinance Allows Landlords to Frustrate Tenants’ Ability to Pay Rent by Not Allowing Tenants to Replace Their Roommates.

In any jurisdiction with meaningful tenant protection, tenants must have a right to replace lawfully present roommates who choose to move. This protection is necessary, as some landlords prohibit roommate replacements as a tactic to force out rent-controlled tenants. These landlords do so by relying on lease provisions prohibiting “subletting.” When the landlords unreasonably refuse replacement tenants, the remaining tenants must cover rent for an empty room or face eviction for non-payment. The proposed ordinance has no language codifying tenants’ rights to a one-to-one replacement. Instead, the ordinance explicitly allows landlords to evict tenants for replacing roommates. 23 ACTION: The ordinance must codify a right to one-to-one replacement of departing tenants, as well as a right to house family members.

VIII. The Rent Registry Must Collect Eviction Notices and Unlawful Detainers.

While the ordinance requires landlords to register their tenancies, there is no language requiring landlords to provide copies of their eviction notices to the city, as many cities require. This data is necessary if the city is to track trends in displacement. To ensure compliance, it must be a defense to an unlawful detainer that a landlord has not filed their notice with the city.

ACTION: The city must collect eviction notices and unlawful detainer complaints to monitor trends in displacement.

IV . Conclusion
We support the City Council’s intent in moving to pass these vital tenant protections. Unfortunately, the City’s intent is not currently reflected in the proposed ordinance. In addition to the issues above, the ordinance is missing critical technical language, makes easily avoidable policy blunders, and contains numerous illegal provisions that could subject the city of Concord to liability from corporate landlord trade associations.
23 (Concord Mun. Code, § 19.40.070 subd. (c)(7).)
22 Cities such as San Francisco require relocation payments far above three months FMR. See S.F .

Relocation Amounts.

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We ask that the Council reject this ordinance as written and direct staff, including the city attorney, to work with tenant advocates to draft an effective ordinance. We request an immediate meeting with city staff to ensure this ordinance can be on track to be passed early in the new year. We hope the attached redline from the California Center for Movement Legal Services will be a useful tool for staff.

Sincerely,
Leah Simon-Weisberg, California Center for Movement Legal Service, Executive Director Adam Poe, Managing Attorney, Bay Area Legal Aid, Contra Costa Regional Office Latrel Powell, Legal Fellow, Public Advocates
Victoria Snyder, Supervising Attorney, Contra Costa Senior Legal Services Mihaela Gough, Managing Attorney, Centro Legal de la Raza- Contra Costa County Office

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19.40.010 Binding Findings; Definitions; Citation.

19.40.020 General Applicability of Chapter; Exemptions.

19.40.030 Rent Stabilization.

19.40.040 Permitted Rent Increases for Covered Rental Units.

19.40.050 Rent Adjustment Petitions.

19.40.060 Annual Rental Registration.

19.40.070 Termination of Tenancy.

19.40.080 Relocation Assistance For No-Fault Termination Of Tenancy; Notice Of Curable Lease Violations.

19.40.090 Requirement to Offer Written Lease, Minimum Lease Terms.

19.40.100 Notice of Tenant Rights.

19.40.110 Procedures and Guidelines.

19.40.120 Remedies.

19.40.130 Waiver Prohibited.

19.40.140 Severability.

1. 19.40.010 BINDING FINDINGS; DEFINITIONS; CITATION.

(a) Binding Findings. Pursuant to Civil Code Section 1946.2(g)(1)(8B), the City Council hereby makes the following binding findings within this Chapter, that this Chapter is more protective than the provisions of Civil Code Section 1946.2 because:

(1) The just cause for termination of a residential Tenancy under this Chapter is consistent with or and more protective than Civil Code Section 1946.2; and

(2) This Chapter provides additional tenant protections that are not prohibited by any other provision of law, because it provides for earlier and higher relocation assistance amounts than those available to Tenants covered by Civil Code Section 1946.2, requires certain minimum lease terms, limits the exemptions listed in Civil Code Section 1946.2 and in particular applies just cause for termination of a Tenancy to Dwelling Units regardless of when a certificate of occupancy is issued for the Dwelling Unit and protects Tenants upon commencement of the Tenancy; and

(b) As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential Tenancy and Civil Code Section 1946.2. This Chapter intends to cover those Dwelling Units defined as Covered Rental Units and to the extent such Dwelling Units are covered by this Chapter, such Dwelling Units will not be subject to Civil Code Sections 1946.7 and 1947.12.

The City Council finds that there presently exists a critical shortage of rental housing in the City. Due to this shortage, it is very difficult to find adequate, safe, and habitable rental housing at reasonable rents.

(1) Due to the shortage of rental units, rents in the City are increasing excessively.

A substantial number of persons in the City who reside in rental units spend a high percentage Commented [1]: Typo.

Commented [2]: Both are required. (Cal. Civ. Code, §
1946.2(g)(1)(B).)

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of their income on rent, and many have been forced to move out because they could no longer afford to pay the increase in rent. Further, low- and moderate-income Tenants have difficulty finding affordable housing after being displaced due to a rent increase.

(c) Definitions. The following terms shall have the meaning provided below when used in this Chapter, whether plural or singular.

(1) "Accessory Dwelling Units" shall mean an accessory dwelling unit or a junior accessory dwelling unit as those terms are defined in Code Section 18.200.180.

(2) “Allowable Annual Rent Increase” shall mean the annual rent increase as set forth in Section 19.40.040.

(4) “Base Year” shall mean the 2022 calendar year.

(5) "City Council" shall mean the City Council of the City of Concord.

(6) "City" shall mean the City of Concord.

(7) "Code" shall mean the Concord Municipal Code.

(8) "Covered Rental Unit" shall mean a Dwelling Unit located within the City not specifically exempted by an applicable exemption to this Chapter. Under Section 19.40.020(a) or 19.40.020(b),.

(10) “Disabled” shall mean any mental or physical disability as defined in Government Code Section 12955.3. A “Disabled Tenant” is a Tenant who is disabled.

Commented [3]: The language of “Covered Rental Unit”
is used in the Just Cause section of this ordinance, but some properties are not covered by the rent
protections.

This language clarifies that Just Cause applies even if rent regulations do not. For example, in the case of a
single-family home.

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(12) "Ellis Act" shall mean California Government Code Sections 7060 – 7060.7.

(13) “Fair Return Petition” shall mean a petition filed by a Landlord seeking a Fair Return Rent Increase pursuant to Section 19.40.050.

(14) “Fair Return Rent Increase” shall mean the amount by which Rent may be increased in accordance with an approved Fair Return petition submitted pursuant to Section

19.40.050.

(15) “Hearing Officer” shall mean an official appointed by the City Attorney to conduct an administrative hearing pursuant to this Chapter.

(17) “HUD FMR Rent” shall mean the fair market rent published by the U.S.

Department of Housing and Urban Development for the applicable year for Contra Costa County

(18) "Landlord" or “Owner” shall mean any person, acting as principal or through an agent, having the right to offer a Dwelling Unit for rent, and includes a predecessor in interest to the Landlord, except that this term does not include the Owner or operator of a mobile home park or his or her agent, but does include the Owner of a mobile home if the mobile home is offered for rent.

(19) "Landlord's Family Member" shall mean a Landlord's parent, child, spouse or registered domestic partner, grandparent, grandchild.

Commented [4]: The previous landlord should not have
the right to evict or raise rent.

Commented [MOU5]: The Same definition can be used for
tenants’ family members. Advocates suggest that tenants should not be evicted for allowing a family member to move in with them. (Concord Mun. Code, § 19.40.070 subd.
(c)(2)c.)

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Concord City CouncilDecember 12, 2023

Concord City Council
December 12, 2023