Rent Stabilization Department
PRESENTATION OF PASADENA RENTAL HOUSING BOARD
ON RECOMMENDED CHANGES TO PASADENA FAIR AND
EQUITABLE HOUSING CHARTER AMENDMENT (ARTICLE
XVIII) AND POTENTIAL DIRECTION TO CITY STAFF TO
PREPARE NECESSARY RESOLUTIONS TO AMEND THE CITY
CHARTER
July 8, 2024
Rent Stabilization Department
Background
• On June 17th, City Council unanimously approved (6)
Pasadena Rental Housing Board approved and (3)
additional staff recommendations on potential
charter amendments to Article XVIII to be placed on
the November ballot measure.
• The Council also requested the Board review the
Pasadena Housing Providers five recommendations
and gauge their interest in exploring these
recommendations further.
2 Rent Stabilization Department
Background
• At the June 26th Board meeting, Board concluded:
> No majority interest to consider four of PHP’s
recommendations to meet deadline for inclusion
on the November 2024 ballot
> Acknowledged that these topics could be
discussed more substantively for the next
municipal election, March 2026
• PHP proposed modifications to the penal provision for a more workable enforcement mechanism of the
Article XVIII (4
th recommendation)
3 Rent Stabilization Department
Additional Landlord Recommendations
• Staff recommended alternative modifications to the
penal provisions
> Collaboration between Rent Stabilization Department, City Attorney and City Prosecutor
4 Rent Stabilization Department
New Charter Amendment Recommendations
5 • Article XVIII Section 1817(g) and (h) Changes:
> Current language creates an ambiguity as an
infraction is both a criminal penalty and allows for
administrative fees.
> Move "infraction" language from subsection (g) to
subsection (h) which deals with criminal penalties.
> Revise subsection (g) to mirror existing code,
allowing for a wider range of penalties
(misdemeanor, infraction, or administrative action)
at the discretion of legal counsel.
Rent Stabilization Department
New Charter Amendment Recommendations
6 > Benefits:
Clarifies a confusing section of the Article
Aligns with existing practices of the City
Attorney's Office
Reduces potential legal challenges
• Board unanimously approved proposed
clarifications related to penal provisions in
Article XVIII
Rent Stabilization Department
New Charter Amendment Recommendations
7 Revise 1817(g) and (h) to read as follows:
In addition to any other remedies provided by law, Landlords and Tenants covered by this Article shall have the following remedies for violations of this Article. (g) Administrative Penalties for Violations. In addition to the any affirmative defense or any other rights of a tenant under law, a violation of the provisions of this Article shall be punishable as an infraction by way of a fine administratively by way of a fine. The Rental Board may establish, and periodically modify, a schedule of fines for violations of various provisions of this article as they see fit, provided these amounts are reasonable, and are chosen in accordance with applicable law.
(h) Criminal Penalties. In addition to the administrative penalties in subsection (g) above, any Landlord person that violates this Article shall be guilty of a may be prosecuted for a misdemeanor or an infraction and shall be punished in accordance with Section 1.24.010 of the Pasadena Municipal Code, in the discretion of the city attorney or city prosecutor, or their assistants.
Rent Stabilization Department
Recommendations
8 1. Find that the proposed action in the agenda report is exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA guidelines Section
15061(b)(3) (Common Sense Exemption); and
2. Direct staff to prepare and return with necessary
resolutions, subject to Council approval, of any
changes to City Charter Article XVIII, as detailed in
the agenda report, or any variation as directed by
Council, on the November 5, 2024 General
Municipal Election ballot in the City of Pasadena.