REPEAT
HOUSING CODE
VIOLATORS
PROGRAM
Presented by:
Craig J. Cornwell
City Attorney 1
CITY OF MERCED
CITY ATTORNEY’S OFFICE
May 4, 2026
RENTAL HOUSING
The City’s rental housing is an 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.
May 4, 2026
2 City of Merced
City Attorney’s Office
ORDINANCE PROPOSAL
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, California
Fire Code or California Health and Safety Standard
that affects habitability, health or safety
.
May 4, 2026
3 City of Merced
City Attorney’s Office
DRAFT LANGUAGE:
“ ‘Violation’ means any confirmed breach of the
Merced Municipal Code, State Housing Law,
California Fire Code or Health and Safety
Standard that affect habitability, health or safety
of a Rental Housing Unit or tenant in a Rental
Housing Unit.”
Draft MMC § 8.53.020 (G)
This language includes all applicable provisions
of state and local law affecting habitability,
health or safety, including California Civil Code §
1941.1(a) which includes Health and Safety
Code § § 17920.3 & 17920.10 .
May 4, 2026
4 City of Merced
City Attorney’s Office
ORDINANCE PROPOSAL
OWNERS’ RIGHTS:
Owners notified of all outstanding violations.
Owners notified of property or properties affected.
Owners provided opportunity to timely cure.
Owners provided right to appeal to City Council.
May 4, 2026
5 City of Merced
City Attorney’s Office
DRAFT LANGUAGE:
“Upon designation of a Repeat Housing Code
Violator, a written Notice of Designation shall be
issued to the designated Repeat Housing Code
Violator(s), including without limitation, the
following:
1. The address of the property or properties to
which the Notice applies; and
2. A summary of the Violations, including the
date(s) issued; and
May 4, 2026
6 City of Merced
City Attorney’s Office
DRAFT LANGUAGE (CONT.):
3. Notice of Owner’s Opportunity to cure uncorrected
Violations within a reasonable period of time set forth in the Notice; and
4. The City’s right to level administrative fines, in
accordance with Section 8.53.090 of this Chapter, for
violation of the Repeat Housing Code Violators Program, including but not limited to, daily fines that shall be assessed, for each day commencing with the first day
following the expiration of said reasonable period
contained in the Notice of Designation; and
5. Notice of Owner’s right to appeal as provided for in Chapter 8.53.080, “Appeal.”
Draft MMC § 8.53.050 (B) (1)-(5).
May 4, 2026
7 City of Merced
City Attorney’s Office
DRAFT LANGUAGE:
“Owner(s) may appeal the Designation of Repeat
Housing Code Violator … by submitting a written
appeal to the City Clerk requesting an appeal
within five days of the Notice of Designation and
upon payment of the appeal fee established by
resolution of the City Council.”
Draft MMC § 8.53.080(A)
It is staff’s intention that the appeal only involve the designation as a Repeat Housing Code Violator and
not the underlying Violations.
May 4, 2026
8 City of Merced
City Attorney’s Office
DRAFT LANGUAGE:
“The Appeal of Designation shall be governed by
Merced Municipal Code Section 1.10.080 with the
following additional requirements:
1. The City Council shall hear the appeal of designation, upon notice being given in accordance with the
provisions of Section 66451.3 of the Government Code
and to the Owner(s), within thirty days, unless the
Owner(s) consent(s) to a continuance.
2. The City Attorney or his/her designee, shall prepare an administrative hearing packet that shall include a staff report, any evidence of the Violation(s), and an
explanation of the reasons for the Designation of
Repeat Housing Code Violator.
Draft MMC § 8.53.060(C)(1) May 4, 2026
9 City of Merced
City Attorney’s Office
ORDINANCE 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.
May 4, 2026
10 City of Merced
City Attorney’s Office
ORDINANCE PROPOSAL
Tenant Rights:
Tenants and prospective tenants notified of Owner
designation as Repeat Housing Violator.
Tenants and Prospective Tenants informed of City’s
Repeat Housing Violator Determination.
Within 6 months of Tenant filing a complaint of
Violation, Owner may not terminate Tenant lease
unless Owner can prove such termination was not in
retaliation against the tenant who filed the complaint.
May 4, 2026
11 City of Merced
City Attorney’s Office
DRAFT LANGUAGE :
“Any tenant who is displaced as a result of
an order to vacate, or due to the Owner’s
failure to maintain a valid business license,
shall be eligible for tenant relocation
assistance, paid by Owner, in accordance
with California Health and Safety Code
Section 17975, et seq.”
Draft MMC § 8.53.060(E)(1)
May 4, 2026
12 City of Merced
City Attorney’s Office
DRAFT LANGUAGE :
“Relocation benefits required … shall be sum equal to:
a. Two months of the established fair market rent for
Merced County, as determined by HUD; and
b. An amount sufficient for utility service deposits as determined by the City; and
c. Security deposits, if any, held by the Owner.
4. [N]o relocation benefits shall be payable to any tenant who caused, or substantially contributed to the condition giving rise to the order to vacate.”
Draft MMC § 8.53.060(E)(3)-(4)
May 4, 2026
13 City of Merced
City Attorney’s Office
TENANT RELOCATION:
If the owner or designated agent fails, neglects or refuses to pay relocation payments to a displaced tenant, …the local law enforcement agency may advance relocation payments.
Cal. Health & Safety Code § 17975.5
The City shall provide notice to the tenant of his or her right to relocation benefits. Notice may be satisfied by either telephonic notice or posting a written notice on the premises stating that tenants may be entitled to relocation benefits Cal. Health & Safety Code § 17975.1
If the owner or designated agent fails, neglects or refuses to pay relocation payments to a displaced tenant, …the local law enforcement agency may advance relocation payments.
Cal. Health & Safety Code § 17975.5
May 4, 2026
14 City of Merced
City Attorney’s Office
DRAFT LANGUAGE :
“Owner must provide all current tenants a copy
of the Notice of Designation form within thirty
(30) days of Owner’s receipt. Owner must
provide all prospective tenants a copy of the
Notice of Designation form prior to lease
execution.”
Within two (2) days of issuance of a written
Notice of Designation, City Staff shall post the
Notice of Designation in a conspicuous location
near the entry of the Rental Housing Property
and on City’s website.
Draft MMC § 8.53.060(A-C)
May 4, 2026
15 City of Merced
City Attorney’s Office
DRAFT LANGUAGE :
“The City Manager, or his/her designee, shall
maintain and make publicly available a list of out-
of-compliance properties owned by individuals or
entities designated as Repeat Housing code
Violators and said list shall be posted on the
City’s public website.”
Draft MMC § 8.53.050(F)
May 4, 2026
16 City of Merced
City Attorney’s Office
POLICY PROPOSAL
PENALTIES (MMC § 8.53.090):
Any Owner violating any provision…shall be guilty of a misdemeanor...
An administrative fine in an amount set forth by
Resolution upon being designated a Repeat Housing
Code Violator. (Recommended: $1,000.00)
Daily administrative fines shall be assessed in an
amount set forth by Resolution for each day
commencing with the first day following the expiration
of the Owner’s opportunity to cure stated in the
Notice of Designation until Violations are corrected or City determines Owner is making good-faith progress
toward curing the Violations. (Recommended:
$1,000.00)
May 4, 2026
17 City of Merced
City Attorney’s Office
POLICY PROPOSAL
PENALTIES:
May lose ability to operate and be subjected to all
other remedies available to the City.
All existing rights and power of the City to abate
and/or enforce public nuisance laws.
May 4, 2026
18 City of Merced
City Attorney’s Office
QUESTIONS/
COMMENTS
May 4. 2026
19 City of Merced
City Attorney’s Office