Ordinance No. XX- 2024 Page 1 of 4 ORDINANCE NO. XX-2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FREMONT AMENDING FREMONT MUNICIPAL CODE
SECTIONS 9.60.040 AND 9.60.130 TO REVISE THE RENT REVIEW
PROGRAM ADMINISTRATION FEE, AND THE NOTICE
REQUIREMENTS FOR RESIDENTIAL RENT INCREASES TO
CONFORM WITH STATE LAW
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC § 9.60.040 AMENDED
Fremont Municipal Code Title 9, Chapter 9.60, Section 9.60.040 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):
Sec. 9.60.040. Notice of availability of rent review required. {Subsection (a) remains unchanged}
(b) The notice of availability of rent review shall be provided in English and the most commonly used languages within the city as determined by the director based upon the American Community Survey, the most recent census or other reputable source data and shall read as follows:
NOTICE:
Under California Civil Code Section 827(b), a Landlord must provide a Tenant with 30 days’ notice prior to a rent increase of 10 percent (10%) or less and 60 90 days’ prior notice of a rent increase greater than 10 percent (10%). In addition, Chapter
9.60 of the Fremont Municipal Code requires that a Landlord must at the same time provide and serve this written notice of the City’s Rent Review Program. This program provides a procedure for Landlords and Tenants to meet to discuss issues related to rent increases. Information about this program and a copy of Chapter 9.60 are available on the City’s website at www.fremont.gov, at the City of Fremont Family Resource Center located at 39155 Liberty Street in Fremont, California, the Development Services Center located at 39550 Liberty Street in Fremont, California, and other locations designated by the Human Services Director. Copies are also available in English and the most commonly used languages within the City as determined by the Human Services Director.
You are encouraged to contact the owner or manager of your rental unit whose name is ________________ (landlord to insert the name of the Responsible Party) at _______________ (landlord to insert email address and telephone number) to discuss this rent increase for your rental unit. In addition, if you have received notice of a rent increase of more than five percent (5%) in the last 12 months, you are also entitled to review by the City’s Rent Review Board. To initiate the rent review
Ordinance No. XX- 2024 Page 2 of 4 process, you must request rent review by contacting ____________________ (landlords will be advised of the name and contact information for the service provider designated by the director that is to be inserted in this notice) within 15 days of the date of the notice of rent increase. Your Landlord will be notified of your request and you will be contacted by a housing professional to discuss the rent increase. Please note that petitioning for rent review does not guarantee a reduction in the rent increase.
Under California Civil Code Section 1942.5, it is illegal for a Landlord to retaliate against a Tenant for lawfully exercising his or her legal rights. {Subsections (c) through (e) remain unchanged}
SECTION 2. FMC § 9.60.130 AMENDED
Fremont Municipal Code Title 9, Chapter 9.60, Section 9.60.130 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):
Sec. 9.60.130. Administration fees.
(a) The city shall impose an annual administration fee to recover O one hundred percent of the costs incurred in the administration of the provisions of this chapter from landlords of residential properties shall be reimbursed by residential rental unit owners to the city. On an annual basis, the city manager shall recommend to the city council the amount of the administration fees, and the city council shall adopt such fees by resolution. The fee shall be determined by the city from all the costs incurred in the administration of this chapter, in the prior calendar or fiscal year, based on (1) the general costs of administration, including the costs of defending this chapter and (2) the direct costs incurred in the rent review process, including the costs of hearing. The general costs shall be apportioned equally to all residential rental units and shall be paid by any landlord who, at any time during the applicable calendar or fiscal year, owns or operates five or more residential rental units (defined as “residential properties” in Section 9.60.020) as allowed pursuant to, and consistent with, state law.
(b) The administration fees imposed by subsection (a) of this section shall be apportioned equally to each residential unit and shall be paid by any landlord who, at any time during the applicable calendar or fiscal year, owns or operates five or more residential properties, as defined in Section 9.60.020. paid by the landlord or residential rental unit owner of five or more residential rental units The administrative fee shall be paid within 45 days from the date of mailing of the billing by the city. Assessment and collection of penalties for delinquent payment of the fees imposed by this section shall be as provided in Chapter 5.05. The city manager shall recommend to the city council the amount of administration fees, and the city council shall adopt such fees by resolution.
Ordinance No. XX- 2024 Page 3 of 4 SECTION 3. CEQA
The City Council determines that this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 8. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause this ordinance to be published again with the names of those City Council members voting for and against the ordinance. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
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Ordinance No. XX- 2024 Page 4 of 4 The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the __ day of _____, and adopted at a regular meeting of the City Council held on the day of _______by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney