City Council/Public Finance and Economic Development Authority/Parking Authority
March 16, 2026

REPEAT

HOUSING CODE

VIOLATORS

PROGRAM
Presented by:

Craig J. Cornwell
City Attorney 1

CITY OF MERCED
CITY ATTORNEY’S OFFICE
March 16, 2026
Attachment 1

RENTAL HOUSING
The City’s rental housing is a valuable asset that
must be preserved and maintained.
Rental housing provides affordable housing for
many.
The City has a significant interest in ensuring safe
and habitable rental housing remains a desirable
option for our citizens.

March 16, 2026
2 City of Merced
City Attorney’s Office

RENTAL HOUSING CHALLENGES
Over time, rental housing often deteriorates due to
age and deferred maintenance by property owners,
and property managers.
Deterioration often results in substandard conditions
adversely affecting economic value of surrounding
structures and may be hazardous to public health
and safety.
On occasion, a small percentage of rental property
owners have demonstrated a persistent pattern of
neglect and violations burdening tenants,
neighborhoods and City resources.

March 16, 2026
3 City of Merced
City Attorney’s Office

POLICY CHALLENGE
How can the City adequately address
serial housing code violators to ensure
safe and habitable rental housing?
March 16, 2026
4 City of Merced
City Attorney’s Office

POLICY PROPOSAL
Create a Repeat Housing Code Violators Program:
Only applicable to Owners with not less than 3
“unresolved Violations within a 12- month period.”
A “Violation” is a City documented breach of the
Merced Municipal Code, State Housing Law, or
California Health and Safety Standard that affects
habitability, health or safety.

March 16, 2026
5 City of Merced
City Attorney’s Office

POLICY PROPOSAL
OWNERS’ RIGHTS:
Owners notified of all outstanding violations.
Owners notified of property or properties affected.
Owners provided opportunity to timely cure.
 Owners’ right to appeal to City Council.

March 16, 2026
6 City of Merced
City Attorney’s Office

POLICY PROPOSAL
Tenant Rights:
Any displaced tenant eligible for tenant relocation
assistance, in accordance with California Health and
Safety Code Section 17975, et seq., wherein Owner
must pay tenants forced to vacate an amount:
Equal to two months of the established fair market
rent for the area; and
Utility service deposits determined by the City; and
Refund of any security deposit held by Owner as
required by law.
Tenants and prospective tenants notified of Owner
designation as Repeat Housing Violator.
Tenants and Prospective Tenants informed of City’s
Repeat Housing Violator Determination.

March 16, 2026
7 City of Merced
City Attorney’s Office

POLICY PROPOSAL
PENALTIES:
Violation designation posted in a conspicuous location near the entry of the Rental Housing property, where it must remain until the violations are cured.
Placement on the City’s publicly available list of
properties designated as Repeat Housing Code
Violators.
Required to pay tenant relocation assistance if Owner
loses ability to operate.
May lose ability to operate and be subjected to all
other remedies available to the City.

March 16, 2026
8 City of Merced
City Attorney’s Office

QUESTIONS/

COMMENTS
March 16. 2026
9 City of Merced
City Attorney’s Office