Potential Urgency Ordinance
Displacement of Residents from Rental Housing Due to Storms and Flooding
Overview
• City Council Authority
• Urgency Ordinance Limits
• Intent
• Rent Increase Moratoriums
• Right of First Refusal/No
Fault Evictions
• Examples
• Timing
• Questions
City Council Authority
The adoption of rent control measures is a valid exercise of a city’s police power subject to certain limitations. (Cal Const, Art. XI § 7; Birkenfeld v. City of Berkeley(1976) 17 Cal. 3d 129).
Section 412 of the City's Charter provides in pertinent part:
“Any Ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes.”
Limits of Urgency Ordinances
Intent Behind Potential Ordinance
Rent Increase Moratoriums
ABILITY TO IMPLEMENT A RENT INCREASE
MORATORIUM
THE TENANT PROTECTION ACT OF 2019 (“ACT”)
Potential Limitations
COSTA-HAWKINS RENTAL HOUSING ACT (CIV. CODE §§ 1954.50, ET SEQ.) Right of First Refusal and No-Fault Evictions
Right of First Refusal Laws
HEALTH AND SAFETY CODE THE ELLIS ACT (GOV. CODE § 7060 ET SEQ.) The Tenant Protection Act (“ Act”) – No Fault Eviction
Ordinance Examples
CONTRA COSTA COUNTY LOS ANGELES COUNTY CITY OF OAKLAND
Timing
Questions?