San Anselmo City Council
June 21, 2023

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N. Through City Code Chapter 24, Article I, the City previously established a rent stabilization system for mobile home parks, and the City Council desires to leave that system intact.

0. With the exception of City Code Chapter 24, Article I, the City has not previously regulated the setting and increasing of rents for residential real property. Given the concerns discussed herein, the City Council desires to evaluate rent stabilization policies protecting residents outside of mobile home parks from unreasonable rent increases, while ensuring that the owners of residential real property may earn a fair and reasonable return on their property.

P. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.

Q. Based on the foregoing facts, and the facts presented to the City Council at the meetings at which this ordinance was introduced and adopted, the City Council finds that allowing owners of residential real property to have unfettered discretion to increase rents would pose a threat to the public health, safety, and welfare, and that a prohibition of rent increases, except as allowed herein, is therefore necessary.

R. The City Council hereby adopts these regulations in order to address the threats set forth below.

1. Absent the adoption of this ordinance, as a result of the economic conditions and recognized housing shortage in Southern California, significant rent increases will impact a substantial number of residents in Oxnard and constitute a threat to public health, safety, and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in the City;

2. For the preservation of the public peace, health, and safety, the City Council finds that it is necessary to adopt an ordinance stabilizing rents for all of the reasons set forth in the recitals above, which are hereby incorporated by reference; and

3. Certain aspects of public health, safety, and welfare are not adequately protected by the City's existing mobile home park rent stabilization system both because of that system's limited scope and due to the City's lack of rent stabilization mechanics or controls on residential real property generally, and it is in the interest of the City, owners, residents, and the community as a whole that the City adopt regulations to protect affordable housing within the City, including, but not limited to, rent stabilization regulations applicable to residential real property generally.

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S. The direction for this ordinance dated October 19, 2021, February 9, 2022, and April 13, 2022, shall be incorporated herein by this reference, and together with this ordinance, any amendments or supplements, and oral testimony, shall constitute the necessary findings for this ordinance.

T. The City Council finds, determines and declares that the threat to the public health, safety, and welfare of the City and its residents necessitates the enactment of the ordinance.

Section 2. The recitals and statements of fact set forth in the preamble to this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference.

Section 3. Chapter 27, Article II, is hereby added to the City Code to read as follows:
"Article II: RENT STABILIZATION
SEC. 27-20. CITATION.

This Article shall be known as the "Rent Stabilization Ordinance." SEC. 27-21. PROHIBITED INCREASES.

Increases in rent on residential real property in the city of Oxnard in excess of four percent (4%), and more than one rent increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa-Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq.

SEC. 27-22. REASONABLE RATE OF RETURN.

This ordinance allows for an annual adjustment of residential real property rent of up to four percent (4%). Such an increase is found and determined to provide a just and reasonable return on an owner's property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rents and rental increases. Notwithstanding the foregoing, however, any owner of residential real property who contends that the limit on rental increases set forth in Section 27-21 above will prevent the owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 27-21 pursuant to the procedures set forth in section 27-23.

SEC. 27-23. FAIR RETURN PETITION FOR RENT INCREASE.

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(A) An owner of residential real property may petition for a rent increase in excess of that provided in section 27-21 in order to obtain a fair and reasonable return on their property ("Fair Return Petition"). Such Fair Return Petition shall be on an application form prescribed by the City Manager and shall be decided by the City Manager, or their designee ("City Manager''). Owner shall provide a copy of any Fair Return Petition submitted to the city to the applicable tenant(s), and provide City with proof of completing such service to the applicable tenant(s). The tenant(s) will then have thirty (30) days from the dale of receiving the Fair Return Petition to reply or provide additional materials to the City in response to the Fair Return Petition. The owner shall bear the burden of establishing that a rate increase in excess of that provided in section 27-21 is necessary to provide the owner with a fair and reasonable return on their property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, they will not realize a fair and reasonable return on their property.
(B) Owner shall be responsible for all costs associated with the City's review of the Fair Return Petition. Upon receipt of a Fair Return Petition, the City Manager shall determine the anticipated costs of review and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the owner's request. If the City Manager so determines, the City Manager shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be communicated to the Owner, and the Fair Return Petition shall not be processed until the owner has paid to the city the estimated cost of the complete analysis. City will provide owner with an invoice of all costs incurred after the review of the Fair Return Petition. Any unused portion of the advance payment for analysis shall be refunded to the owner. If additional funds are required, payment will be required before Owner receives the determination on the Fair Return Petition from the city.
(C) The factors the City Manager may consider in deciding a Fair Return Petition may include, but not be limited to:
(1) Changes in the Consumer Price Index for All Urban Consumers in the Oxnard-Thousand Oaks-Ventura Metropolitan Area published by the Bureau of Labor Statistics.
(2) The length of time since the last determination by the City Manager on a rent increase application, or the last rent increase if no previous rent increase application has been made.
(3) The completion of any capital improvements or rehabilitation work related to the residential real property or mobile home space or spaces specified in the Fair Return Petition, and the cost thereof, including materials, labor, construction interest, permit fees, and other items the City Manager deems appropriate.

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(4) Changes in property taxes or other taxes related to the subject residential real property or mobile home park.
(5) Changes in the rent paid by the owner for the lease of the residential real property or land on which the subject mobile home park is located.
6) Changes in the utility charges for the subject residential real property or mobile home park paid by the owner, and the extent, if any, of reimbursement from the tenants.
(7) Changes in reasonable operating and maintenance expenses. (8) The need for repairs caused by circumstances other than ordinary wear and tear.
(9) The amount and quality of services provided by the owner to the affected tenant(s).
(D) A Fair Return Petition shall be decided by the City Manager within sixty (60) calendar days of the date that the application has been deemed complete, including proof of service of the Fair Return Petition on the applicable tenant(s). The decision shall be emailed and sent by mail, with proof of mailing to the subject property owner, the owner's designated representative(s) for the Fair Return Petition, the applicable tenant(s}, and the designated representative of the tenant(s), if any. The decision of the City Manager shall be final and not appealable.

SEC. 27-24. EXEMPTIONS.
(A) Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following: any residential real property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1 )); and, any other provisions of the Costa-Hawkins Rental Housing Act addressing exemptions, as applicable.
(B) Pursuant to the Tenant Protection Act of 2019, California Civil Code section 1947.12(d}, the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:

(1) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code, or subject to an agreement that provides San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code or comparable federal statutes.
(2) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (3) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
(a) The owner is not any of the following:
i. A real estate investment trust, as defined in section 856 of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one member is a corporation.
(b) At the time the tenancy is created:
i. The tenants have been provided written notice that the residential real property is exempt from this section using the following statement:
"This property is not subject to the rent limits imposed by Oxnard City Code Chapter 27, Article II and the
owner is not any of the following: (1) a real estate
investment trust, as defined by section 856 of the
Internal Revenue Code; (2) a corporation; or (3) a
limited liability company in which at least one member
is a corporation."
ii. For a tenancy existing before the effective date of this ordinance, the notice required under clause (i) may, but is not required to, be provided in the rental agreement. iii. For a tenancy commenced or renewed on or after the effective date of this ordinance, the notice required under clause (i) must be provided in the rental agreement.
(4) A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy

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so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. (C) The provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following:
(1) A unit subject to City Code Chapter 24, Article I, the City's Mobile Home Park Rent Stabilization System.
(2) A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to transient guests for a period of less than 30 days; and other transient occupancies as defined in California Civil Code section 1940, subdivision (b}.
(3) A unit in an institutional facility, including a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled; a rental unit in a transitional housing program that assists homeless persons as defined in California Civil Code section 1954.12; a convent or monastery owned and operated by a religious organization; and a fraternity or sorority house affiliated with a college or university.
(4) A unit that the owner or the owner's immediate family occupied as their principal place of residence at the beginning of the tenancy so long as the owner or the owner's immediate family continues in occupancy.

SEC. 27-25. RENT INCREASE INEFFECTIVE.

No rent increase shall be effective if the owner:
(A) Fails to substantially comply with all provisions of this article, including but not limited to the failure to provide notices as required; or (B) Fails to maintain the residential real property in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.1 0; or
(C) Fails to make repairs ordered by the city or court of competent jurisdiction.

SEC. 27-26. NOTICE REQUIREMENTS.
(A) An owner of any residential real property subject to this article shall, on or before the date of commencement of a tenancy, give the tenant a written notice in a form prescribed by the City which must include the following information:

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(1) The existence and scope of this Chapter 27, Article II of the City Code;and
(2) The tenant's right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 27-23.
(B) As part of any notice to increase rent, an owner must include:
(1) Notice of the existence of this Chapter 27, Article II of the City Code;and
(2) The tenant's right to respond to any Fair Return Petition filed with the City by the owner pursuant to section 27-23, unless such rent increase is pursuant to an approved Fair Return Petition. (3) No rent increase shall take effect until the requirements of this article have been met.
(C) When the owner and tenant have entered into a written lease, the owner must give notices to the tenant in the language used in the lease. When the owner and tenant have not entered into a written lease, the owner must give notices to the tenant in the language that the owner and tenant used to negotiate the terms of the tenancy.

SEC. 27-27. DEFINITION OF RENT.

For the purposes of this article, "Rent" means all periodic payments and all nonmonetary consideration, including, but not limited to, the fair market value of goods or services rendered to or for the benefit of the owner under an agreement concerning the use or occupancy of residential real property, including, but not limited to, all payment and consideration demanded or paid for parking, pets, furniture, and subletting.

SEC. 27-28. VIOLATIONS.
(a) It shall be unlawful for any person to violate or fail to comply with any provision of this article. The violation of any provision of this article shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction as provided in City Code section 1-10. (b) Any owner who intentionally demands, accepts or retains any payment in violation of the provisions of this article shall be liable in a civil action to the tenant from whom such payment is demanded, accepted, or retained for damages in the sum of three limes the amount by which the payment demanded, accepted, or retained exceeds the maximum amount which could be lawfully demanded, accepted, or retained together with reasonable attorneys' fees and costs as determined by the court.

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SEC. 27-29. FEE ESTABLISHED.

Owners subject to this Ordinance shall pay the rent stabilization fee as established by city council resolution. The rent stabilization program fee is to fund the city's cost to implement and enforce the provisions of this Ordinance.

SEC. 27-30. SUNSET.

This Article shall automatically sunset on December 31, 2030." Section 4. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in section 15378 of the State CEQA Guidelines.

Section 5. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.

Section 6. Within 15 days after passage, the City Clerk shall cause a summary of this ordinance to be published one lime in a newspaper of general circulation published and circulated in the City. Ordinance No. 3013 was first read on April 13, 2022, and finally adopted on May 3rd , 2022, to become effective thirty (30) days thereafter.

Section 7. This ordinance shall become effective thirty (30) days after it is finally adopted. The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Oxnard, State of California, held on the 3rd day of Ill
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May 2022 , by the following vote:

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AYES: Counci lmembers Basua, Lopez, Madrigal, Teran and Zaragoza NOES: Councilmember s Ma cDonald and Perella
ABSENT: None.

ABSTAIN: None .

ATTEST:
yf? ~CVMCJ 5 /,3/ddRose Chaparro, ityClerk
APPROVED AS TO FORM:
~ )--====:'> r/2/4;1-~
Stephen M. Fischer, City Attorney ·

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ORDINANCE NO. 3012

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF OXNARD ADDING ARTICLE I TO CHAPTER 27 OF

THE OXNARD CITY CODE ESTABLISHING JUST CAUSE

EVICTIONS AND OTHER TENANT PROTECTIONS

THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS
FOLLOWS:

Section 1. The City Council of Oxnard hereby finds, determines, and declares as follows:

A. At the City Council meetings on October 19, 2021, February 9, 2022, and April 13, 2022, the City Council discussed the City of Oxnard's ("Oxnard" or "City") ability to address just cause evictions and other tenant protections.

B. Housing instability threatens the public peace, health, and safety as eviction from one's home can lead to prolonged homelessness; increased residential mobility; loss of community; strain on household finances due to the necessity of paying rental application fees and security deposits; stress and anxiety experienced by those displaced; increased commute times and traffic impacts if displaced workers cannot find affordable housing within the city in which they work; and interruption of the education of children in the home.

C. Eviction creates particular hardships for individuals and households of limited means, given the shortage of affordable housing within Oxnard and the region generally.

D. The California State Legislature adopted the Tenant Protection Act of 2019 ("AB 1482"), codified in part in California Civil Code section 1946.2 ("section 1946.2"), which became effective by its own terms on January 1, 2020, and, with certain exceptions, prohibits an owner of residential property from terminating a tenancy without just cause.

E. Under AB 1482, landlords are required to give tenants a reason for their eviction.

Just causes such as nonpayment of rent, nuisance to other tenants, damage to property, and illegal activity continue to be legal with zero relocation assistance.

However, tenants served "no fault" evictions (owner move-in, substantial remodel, demolishing the rental unit, etc.) receive only one month of relocation assistance from their landlords. Most landlords require first months' rent, last months' rent, security deposit, and application fees upon move-in. Many tenants also pay for temporary storage and other moving costs. These move-in related expenses can easily surpass available savings, without which the tenant may be forced into homelessness or displacement. One month of relocation assistance may not adequately cover these expenses, so relocation assistance must be

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strengthened to reflect the realities of the rental market. A minimum of $5,000 in relocation assistance is the minimum needed to adequately cover most relocation and move-in costs when the relocation is at no-fault of the tenant.

F. The housing rent burden and poverty faced by many residents in Oxnard threatens the health, safety, and welfare of its residents, particularly when resulting in eviction and displacement. Studies have shown that evictions play an impactful role in the lives of low income renter households and can also contribute to poverty through disruptive effects such as job loss, adverse health effects, and negative consequences for children.

G. Moreover, an eviction can remain on a renter's credit history for at least seven years, impacting one's ability to rent and find employment opportunities.

H. AB 1482 provides that a local ordinance adopted after September 1, 2019, requiring just cause for termination of a residential tenancy shall supersede California Civil Code section 1946.2 only if the ordinance is "more protective" than section 1946.2.

I. In accordance with California Civil Code section 1946.2(g)(1 )(B), the City Council finds that the provisions of this Ordinance regulating just cause terminations or tenancies are more protective than California Civil Code section 1946.2 for the following reasons:

1. The just cause for termination of a residential tenancy under this Ordinance is consistent with California Civil Code section 1946.2.

2. This Ordinance provides additional tenant protections that are not prohibited by any other provisions of applicable law in that the ordinance triggers tenant protections after 30 days of tenancy, applies to tenants that are not covered by AB 1482, and requires a minimum of $5,000 in relocation assistance.

J. The City Council finds and determines that regulating the relations between residential landlords and tenants will increase certainty and fairness within the residential rental market in the City and thereby serve the public peace, health, and safety.

K. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, the Oxnard City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.

L. The City Council hereby adopts these regulations in order to address the threats set forth below.

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1. Housing, particularly affordable housing, is difficult to procure in this region, including in Oxnard. Evictions without just cause destabilize the housing market and can result in the loss of affordable housing;

2. For the preservation of the public peace, health, and safety, the City Council finds that it is necessary to adopt an ordinance regulating just cause evictions, for all of the reasons set forth in the recitals above, which are hereby incorporated by reference;

3. Without the imposition of this Ordinance, evictions without just cause may result in the displacement of residential tenants who would be forced to find new housing in an ever-more expensive housing market, and would significantly increase the risk of residential tenants becoming homeless; and

4. There is a threat to the public peace, health, and safety of the City and its community, thereby necessitating the enactment of this Ordinance in order to ensure that tenants are not turned out of their homes without just cause.

M. The direction for this ordinance dated October 19, 2021, February 9, 2022, and April 13, 2022, shall be incorporated herein by this reference, and together with this ordinance, any amendments or supplements, and oral testimony, shall constitute the necessary findings for this ordinance.

Section 2. The recitals and statements of fact set forth in the preamble to this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference.

Section 3. A new Chapter 27 "Tenant Protection and Rent Stabilization Ordinance" is added to the City Code.

Section 4. A new Article 1 "Evictions and Tenant Protection" is added to Chapter 27 of the City Code to read as follows:
"Article I - JUST CAUSE EVICTIONS AND TENANT PROTECTION SEC. 27-1. CITATION.

This Article shall be known as the "Just Cause Eviction and Tenant Protection Ordinance."
SEC. 27-2. RESTRICTIONS ON TERMINATION OF TENANCY WITHOUT JUST CAUSE.

Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for thirty (30) days, the Owner of the residential real property

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shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy.

For purposes of this Article, "just cause" includes either at-fault just cause or no-fault just cause.

SEC. 27-3. AT-FAULT JUST CAUSE
At-Fault Just Cause includes any of the following:
(A) Default in the payment of rent.
(B) A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the California Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.

A "breach of a material term" shall not include:
(1) The obligation to limit occupancy, provided that the additional occupant who joins the tenant of the residential real property thereby exceeding the limits on occupancy set forth in the lease is dependent under age 18, or a replacement tenant who moved in after an approved tenant vacated the residential real property, so long as the addition does not exceed the Uniform Housing Code.

The Owner shall have the right to approve or deny the
prospective additional or replacement tenant, who is not a minor dependent child, provided that the Owner does not
unreasonably withhold approval. If the Owner fails to respond to the tenant in writing with a description of the reasons for the denial of the request within a reasonable amount of time of receipt of the tenant's written request, the tenant's request shall be deemed approved by the Owner if the lease is for a period of one ( 1) year or less.
(2) A change in the terms of the Tenancy that is not the result of an express written agreement signed by both of the parties. An Owner is not required to obtain a tenant's written consent to a change in the terms of the Tenancy if the change in the terms of the Tenancy is authorized by this section, or if the Owner is required to change the terms of the Tenancy pursuant to federal, State, or local law. Nothing in this subsection shall exempt an Owner from providing legally required notice of a change in the terms of the Tenancy.

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(C) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
(D) Committing waste as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
(E) The tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. If the tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of non-similar duration and/or with non-similar lease provisions, then the cause for eviction will be NoFault Just Cause under City Code section 27-4 below. (F) Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the California Penal Code, on or off the residential real property, that is directed at any Owner or agent of the Owner of the residential real property or members of tenant's household or other tenants of the residential real property. This at-fault, just cause provision shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at-fault, just cause eviction of a tenant under this provision shall only apply to that tenant who committed the criminal activity described herein. If a tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the tenant within the applicable statute of limitations period, the tenant shall be offered the right to restore the Tenancy only if the same residential real property is available.
(G) Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.

Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy based on a tenant's sublease of the residential real property if all the following requirements are met:
(1) The tenant requests permission from the Owner in writing to sublease the residential real property;

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(2) The tenant continues to reside in the residential real property as their primary residence;
(3) The sublease replaces one or more departed tenants under the lease on a one-for-one basis; and
(4) The Owner fails to respond to the tenant in writing within a reasonable amount of time of the receipt of the tenant's written request. If the Owner fails to respond to the tenant's written request, the request shall be deemed approved by the Owner if the lease is for a period of one (1) year or less. An Owner's reasonable refusal of the tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a residential real property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision.
(H) The tenant's refusal to allow the Owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections 13113. 7 and 17926.1 of the California Health and Safety Code.
(I) Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure. (J) The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure. (K) When the tenant fails to deliver possession of the residential real property after providing the Owner written notice as provided in Section 1946 of the California Civil Code of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the California Code of Civil Procedure.

SEC. 27-4. NO-FAULT JUST CAUSE
No-Fault Just Cause includes any of the following:
(A) Intent to occupy the residential real property by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.

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termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the residential real property for a period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the city. Addition of a provision allowing the Owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar lease provision for the purposes of City Code section 27-3 (E). (B) Withdrawal of the residential real property from the rental market under, and subject to, the provisions of the Ellis Act.
(C) The Owner complying with an order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
(1) Exception. If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate, then the tenant shall not be entitled to relocation assistance as outlined in Section 27-6(C).
(D) Intent to demolish or to substantially remodel the residential real property.

For purposes of this Section, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as a substantial remodel.
(1) The Owner shall provide 60 days advance written notice to the tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the tenant, the right of first refusal to any comparable vacant rental unit which has been offered at comparable rent owned by the Owner; and
(2) In the event the Owner seeks to rent the remodeled unit within six (6) months following the completion of the remodeling work, the evicted tenant shall have the right of first refusal to reoccupy

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and rent the unit, unless the Owner provides a written waiver by the tenant of their right to reoccupy the premises pursuant to this subsection.

SEC. 27-5. JUST CAUSE CURABLE LEASE VIOLATION
Before an Owner of residential real property issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the California Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy.

Any written notice to cease or correct must:
(A) Be dated and served upon the tenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended;
(B) Inform the tenant that failure to cure may result in the initiation of eviction proceedings;
(C) Inform the tenant of the right to request a reasonable accommodation; (D) Inform the tenant of the contact number for the City; and (E) Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tenant determine the date(s), place(s), witness(es), and/or circumstance(s) that support the reason(s) for the eviction.

SEC. 27-6. NO-FAULT JUST CAUSE TENANT RELOCATION ASSISTANCE (A) For a Tenancy for which just cause is required to terminate the Tenancy under this Article, if an Owner of residential real property issues a termination notice based on a no-fault just cause as defined in section 27- 4, the Owner shall, regardless of the tenant's income, provide a direct payment to the tenant as described in paragraph C of this Section. (B) If an Owner issues a notice to terminate a Tenancy for no-fault just cause, the Owner shall notify the tenant of the tenant's right to relocation assistance and all other rights pursuant to this section.

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(C) The amount of relocation assistance shall be equal to (i) two months of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy, or (ii) $5,000, whichever is greater. Any relocation assistance shall be provided within 15 calendar days of service of the notice.
(1) If a tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
(2) The relocation assistance required by this section shall be credited against any other relocation assistance required by any other law. (D) An Owner's failure to strictly comply with this section shall render the notice of termination void.

SEC. 27-7. EXEMPTIONS
This Article shall not apply to the following types of residential real properties or residential circumstances:
(A) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the California Civil Code, and properties that have obtained a City of Oxnard Short Term Vacation Rental Permit and are operating in compliance with that permit and regularly remitting the required Transit Occupancy Tax demonstrating active use as a vacation rental property.
(B) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the California Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
(C) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
(D) Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the Owner who maintains their principal residence at the residential real property.
(E) Single-family Owner-occupied residences, including a residence in which the Owner-occupant rents or leases no more than two bedrooms.

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(F) A duplex in which the Owner occupied one of the units as the Owner's principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy.

SEC. 27-8. DEFINITIONS
For the purposes of this Article, the following definitions shall apply:
(A) "Owner" and "residential real property" have the same meaning as those terms are defined in California Civil Code Section 1946.2. (B) "Tenancy" means the lawful occupation of residential real property, including Accessory Dwelling Units, or mobile home spaces that are not subject to Chapter 24, Mobile Home Parks, of the Oxnard City Code, and includes a lease or sublease, as such may be subject to local ordinance.

SEC. 27-9. NOTICES
(A) Notice of existence of this Chapter

The Owner shall post a notice providing information about the existence of this Chapter 27 of the City Code, including protections related to immigration or citizenship status of tenant found under California Civil Code section 1940.35 and California Code of Civil Procedure section 1161.4, as may be amended. Notice must be posted in English, Purepecha, Mixteco, Otomi, Tagalog, Zapoteco, Nahuatl, and Spanish in a conspicuous location on the property.

In addition to all other notice requirements specified elsewhere in this Article, the Owner of any residential real property is required to provide written notice to tenants of their rights under this Article as follows:
(1) The notice required by this Article must include the following information:
(a) The existence and scope of this Article of the City Code; and, (b) The right to relocation assistance in limited circumstances pursuant to Section 27-6.
(2) The Owner must provide tenant with the notice upon serving any notice of change in terms of Tenancy.
(3) The Owner must provide the notice on or before the commencement of all Tenancies initiated after the effective date of this Chapter.

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(B) Notice of termination of Tenancy
When terminating a Tenancy either at-fault or no-fault, an Owner must comply with all of the following:
(1) The Owner must serve a written notice in accordance with California Civil Code sections 1946 through 1946.5, to the tenant that states that, in addition to any information required by federal or State law, the Owner will terminate the Tenancy, and that indicates at least one atfault or no-fault just cause reason; and (2) The Owner has not accepted and will not accept rent or any other consideration in return for the continued use of the residential property beyond the term of the terminated Tenancy in compliance with California Civil Code sections 1945 through 1946.5; and (3) The Owner qualifies the termination as at-fault or no-fault just cause; and
(4) The Owner has submitted to the city, within five (5) days after service of the notice of termination on the tenant, a true and accurate copy of the Owner's written notice of termination, and proof of such service, signed by the Owner under penalty of perjury, on the tenant. The Owner shall maintain proof of service to the city as evidence that the Owner has complied with this section.
(5) When the Owner and tenant have entered into a written lease, the Owner must provide the notice in the language used in the lease, in addition to English. When the Owner and tenant have not entered into a written lease, the Owner must provide the notice in the language that the Owner and tenant used to negotiate the terms of the Tenancy, in addition to English.
(C) Notice as addendum to lease or rental agreement
An Owner of residential real property subject to this Section shall provide notice to the tenant as follows:
(1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
(2) The Owner must provide the notice in the language that the Owner and tenant used to in the lease, in addition to English.

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(3) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the tenant no later than thirty (30) days after the effective date of this Ordinance, or as an addendum to the lease or rental agreement.
(4) The notification or lease provision shall be in no less than 12-point type, and shall include the following: "The Oxnard City Code provides that after all of the tenants have continuously and lawfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy. In addition, Oxnard City Code provides tenants evicted for no-fault just cause with the right to relocation payments. See Chapter 27 of the Oxnard City Code for more information."
(5) Owners must provide the notice to tenants in writing if the application and lease are processed in writing, electronically if the application or lease are processed electronically, or both if both methods are utilized.

The provision of the notice shall be subject to California Civil Code Section 1632.

SEC. 27-10. ADDITIONAL TENANT PROTECTIONS
(A) The city manager may adopt administrative procedures and regulations to implement the provisions of this Ordinance.
(B) Once established by the City Council, all owners with rental units shall pay the tenant protection program fee, as established by city council resolution. The tenant protection program fee is to fund the city's cost to implement and enforce the provisions of this Ordinance. (C) It is illegal for an Owner or representative to retaliate against a tenant for lawfully and peaceably exercising their legal rights, including but not limited to, the right to file a complaint with Code Compliance. No owner may take any action increasing any rental amount, reducing any service, causing the tenant to involuntarily quit the premises, or discriminating against the tenant because of the tenant's use of any remedy provided by this Ordinance.
(D) Any provision of a rental housing agreement that purports to waive any provision of this Ordinance is void as against public policy. (E) An owner's failure to comply with any requirement of this Ordinance is an affirmative defense in an unlawful detainer or other action brought by the owner to recover possession of the rental unit.

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SEC. 27-11. VIOLATIONS
(A) It shall be unlawful for any person to violate or fail to comply with any provision of this Article. The violation of any provision of this chapter shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction as provided in Oxnard City Code section 1-10.
(B) Any person whose rights pursuant to this Ordinance have been violated shall have the right to file an action for injunctive relief and damages.

Whoever is found to have violated this Ordinance shall be subject to appropriate injunctive relief and shall be liable for damages, costs, and reasonable attorney fees. Treble damages shall be awarded for willful failure to comply with the Relocation Payment obligations established by this Ordinance. Any action pursuant to this Ordinance shall be a civil matter and adjudicated through civil court.

SEC. 27-12. SUNSET
This Article shall automatically sunset on December 31, 2030." Section 5. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project," as defined in section 15378 of the State CEQA Guidelines.

Section 6. The city manager shall, on an annual basis and at any other time that the city manager determines to be appropriate, provide a report that documents the level of landlord compliance with this chapter and other related rental housing matters.

At least 60 days prior to the expiration date of this ordinance, the city manager shall provide a report to city council that addresses the status of the rental housing market, including, but not limited to, the affordability and availability of rental units.

Section 7. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

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Section 8. Within 15 days after passage, the City Clerk shall cause a summary of this ordinance to be published one time in a newspaper of general circulation published and circulated in the City. Ordinance No. 301 2 was first read on April 13, 2022, and finally adopted on May 3rd , 2022, to become effective thirty (30) days thereafter.

Section 9. This ordinance shall become effective thirty (30) days after it is finally adopted. The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Oxnard, State of California, held on the 3rd day of May , 2022, by the following vote:

AYES: Counc ilrnembers Basua , Lopez , Madri gal , Perella, Teran and Zaragoza NOES: Council rnernber MacDona l d
ABSENT: None .

ABSTAIN: None .

ATTEST:

W ~ ~ mia Rose Chaparro,Cicierk

APPROVED
~
AS TO FORM:
s-M Ji
Stephen M. Fischer, City Attorney

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1 ORDINANCE NO. 871

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX AMENDING CHAPTER 5.55 “MANDATORY MEDIATION FOR RENTAL
INCREASES” OF TITLE 5 OF THE FAIRFAX TOWN CODE
WHEREAS, more than 1,200 Fairfax households rent their homes, constituting approximately 37% of total Town households, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and
WHEREAS, approximately 24% of Fairfax rental households are low income, which is defined as earning between 51% and 80% of the county’s area median income, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and WHEREAS, approximately 12% of Fairfax rental households are very low income, which is defined as earning between 30% and 50% of the county’s area median income, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and WHEREAS, approximately 36% of Fairfax rental households are extremely low income, which is defined as earning between 0% and 30% of the county’s area median income, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and WHEREAS, approximately 48% of Fairfax renters were estimated to be rentburdened, which is defined as spending more than 30% of household income on rent, with 28% of renters estimated to be severely rent-burdened, which is defined as spending more than 50% of household income on rent, as identified by the U.S. Census Bureau, 2019: American Community Survey 5-Year Estimates; and
WHEREAS, an estimated 530 renter-occupied lower-income households in Fairfax are spending more than 30% of their annual income on rent, including 335 who are spending more than 50% on rent, as identified in Appendix H-B: Housing Needs Assessment of the Town’s Housing Element Update 2015-2023; and WHEREAS, according to the National Low Income Housing Coalition’s “Out of Reach 2021” study, a renter household would need to earn $55.77 an hour to afford an average one-bedroom apartment or $67.69 an hour to afford an average two-bedroom apartment in Fairfax without being rent-burdened, although the average real wage for Marin renters is just $23.23 an hour; and
WHEREAS, according to the Elder Index developed by the Gerontology Institute at the University of Massachusetts Boston, the average Marin senior renter spends $2,695 per month on housing, constituting between 64-68% of their total monthly expenses; and
WHEREAS, 87% of Fairfax householders under the age of 35 are renters, as identified by the U.S. Census Bureau, 2019: American Community Survey 5-Year Estimates; and
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2 WHEREAS, 68% of Fairfax householders who identify as Hispanic or Latino are renters, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and WHEREAS, 66% of Fairfax householders who identify their race as something other than white are renters, as identified in the 2021-04-02 Housing Needs Data Report:

Fairfax; and
WHEREAS, the rising costs of rents are forcing people out of their homes and out of our community; and
WHEREAS, seniors on fixed incomes, young people, people of color, immigrants, and working people of all backgrounds increasingly cannot afford to buy a house in Fairfax or elsewhere in Marin and depend on stable rents in order to live here; and WHEREAS, stabilizing rents will protect existing affordable housing stock, enabling local residents to live where they work, thereby shortening commutes, improving traffic and air quality, and lowering local carbon emissions; and WHEREAS, the State Of California’s Tenant Protection Act of 2019 establishes an annual allowable rent increase of 5% plus inflation, far exceeding that of all municipal rent stabilization districts in the Bay Area; and
WHEREAS, the Tenant Protection Act of 2019 depends on renters knowing their rights and pursuing legal remediation when those rights are violated; and WHEREAS, Town staff has identified changes to Chapter 5.55 (Mandatory Mediation for Rental Increases) of the Fairfax Town Code that will streamline and improve the landlord-tenant negotiation process for rental adjustments and provide clarity regarding relocation procedures, landlords’ and tenants’ rights, and available remedies to all parties; and
WHEREAS, there are an estimated 699 multi-family rental units in Fairfax, constituting approximately 57% of total renter-occupied housing units, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and
WHEREAS, an estimated 97% of all Fairfax housing units are in structures built before 1995, as identified in Appendix H-B: Housing Needs Assessment of the Town’s Housing Element Update 2015-2023.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF FAIRFAX DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are each incorporated by reference and adopted as findings of the Town Council.

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3 SECTION 2. Chapter 5.55 Amended. Chapter 5.55, “Mandatory Mediation for Rental Increases,” is hereby amended in its entirety to read as follows:
“CHAPTER 5.55: RENT STABILIZATION PROGRAM

SECTIONS

5.55.010 Purpose and Intent

5.55.020 Definitions

5.55.030 Applicability

5.55.040 Reserved

5.55.050 Reserved

5.55.060 Reserved

5.55.070 Rent Stabilization

5.55.080 Stabilization of Rents; Right of Reasonable Return for Landlords

5.55.090 No Waiver

5.55.100 Judicial Review

5.55.110 Remedies

5.55.120 Injunctive and Other Civil Relief

5.55.010 PURPOSE AND INTENT.

It is the purpose and intent of this Chapter to increase certainty and fairness in the residential rental market within the Town of Fairfax, in order to promote the health, safety, and general welfare of residents and businesses within the Town. This Chapter only governs disputes between Landlords and Tenants of certain rental Dwelling Units located within the Town of Fairfax.

5.55.020 DEFINITIONS.

APPEALS BOARD. The Town Council of the Town of Fairfax.

DWELLING UNIT. A structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household as defined in Civil Code section 1940 and the Fairfax Town Code, Chapter 17.

HOUSING SERVICES. Housing Services include, but are not limited to, repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems, and gates, utilities (unless separately metered and billed to the Tenant by the utility company since the inception of the tenancy, as provided in the lease), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or Tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any Rental Unit. Housing Services to a Rental Unit shall include a San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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4 proportionate part of services provided to common facilities of the building in which the Rental Unit is contained.

LANDLORD. An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any Rental Unit, or an agent, representative or successor of any of the foregoing.

MAXIMUM ALLOWABLE RENT. The Maximum Allowable Rent which may be legally charged on any Stabilized Rental Unit covered by this Chapter.

PROPERTY. All rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

RENT. All periodic payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the Landlord under a Rental Agreement, as defined in this section, concerning the use or occupancy of a Rental Unit and premises, including all payment and consideration demanded or paid to the Landlord for parking on or near the Property, utilities, pets, furniture, and subletting.

RENTAL AGREEMENT. An agreement, oral, written or implied, between a Landlord and Tenant for use or occupancy of a Rental Unit and for Housing Services.

RENTAL HOUSING FEE. The fee described in section 5.55.070 of this Chapter.

RENTAL UNIT. Any building, structure, or part thereof, or land appurtenant thereto, or any other rental Property rented or offered for Rent for residential purposes, together with all Housing Services connected with use or occupancy of such Property such as common areas and recreational facilities held out for use by a Tenant, regardless of zoning or permitting status. A room or rooms rented separately from other rooms at the same Property shall constitute a single Rental Unit, even if Tenants share other common spaces or amenities.

STABILIZED RENTAL UNITS. All Rental Units in the Town of Fairfax except those rental units exempt under one or more of the following provisions:

(1) Rental Units in hotels, motels, and inns, which are rented primarily to transient guests for a period of fewer than thirty (30) days. This exemption does not apply (a) to a Tenant who has resided at the Property for more than thirty continuous days (b) a Tenant who has entered into an agreement to lease a Rental Unit for 30 days or more, or (c) where a Landlord has violated California Civil Code 1940.1 with regard to the Tenant.
(2) Rental Units in any hospital, convent, monastery, extended medical care facility, non-profit home for the aged, or dormitory as defined in California San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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5 Building Code section 202 that is solely owned and operated by an accredited institution of higher education.
(3) Rental Units which a government unit, agency or authority fully owns, operates and manages. This exemption applies only if applicable federal or state law or administrative regulation specifically exempt such units from municipal Rent stabilization.
(4) Rental Units exempt pursuant to the Costa-Hawkins Rental Housing Act (Civil Code sections 1954.50—1954.535). If this subsection (4) is repealed by operation of law, new Rental Units shall be exempt per this subsection only if newly constructed within ten years prior to such repeal. In such case, pursuant to Government Code § 66300(d)(2)(A), all units built on the same parcel where any Stabilized Rental Unit was previously demolished shall not be exempt as new construction.
(5) Private, for profit care homes, assisted care facilities, supportive housing. (6) Exemptions listed in Section 5.55.030(B) of this Chapter.

TENANT. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.

TENANT ORGANIZATION. Any group of Tenants who organize collectively for their shared interest(s) as Tenants, including concerns regarding repairs and maintenance, Rent amounts or Rent increases, evictions, discrimination, or harassment, regardless of whether they share the same Landlord or management company.

TOWN. The Town of Fairfax, California
TOWN MANAGER. The Town Manager of the Town of Fairfax, California or designee.

UTILITY CHARGES. Any charges for gas, electricity, water, hot water, sewer, refuse removal, cable or internet.

5.55.030 APPLICABILITY.
(A) Applicability. Except as provided herein, the provisions of this Chapter shall apply to all properties in Fairfax that are hired, rented, or leased to a household within the meaning of Cal. Civil Code section 1940, including properties that contain any of the following: (1) Dwelling Units which contain a separate bathroom, kitchen, and living area in a multifamily or multipurpose dwelling; (2) Dwelling Units in single room occupancy residential structures; or (3) units in a structure that is being used for residential uses whether or not the residential use is a conforming use permitted under the Fairfax Town Code. This definition applies to any dwelling space that is actually San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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6 used for residential purposes, including live-work spaces, whether or not the residential use is legally permitted.
(B) Exemptions. The following Rental Units shall be exempt from the provisions of this Chapter:
(1) Rental Units in hotels, motels, and inns, which are rented primarily to transient guests for a period of fewer than thirty (30) days. This exemption does not apply (a) to a Tenant who has resided at the Property for more than thirty continuous days (b) a Tenant who has entered into an agreement to lease a Rental Unit for 30 days or more, or (c) where a Landlord has violated California Civil Code 1940.1 with regard to the Tenant, or (d) a Rental Unit used exclusively as a Short-Term Rental as defined in Fairfax Town Code Section 17.008.020.
(2) Rental Units in any hospital, convent, monastery, extended medical care facility, non-profit home for the aged, or dormitory as defined in California Building Code section 202 that is solely owned and operated by an accredited institution of higher education.
(3) Rental Units which a government unit, agency or authority fully owns, operates and manages. This exemption applies only if applicable federal or state law or administrative regulation specifically exempt such units from municipal Rent stabilization.
(4) Any Dwelling Unit located in a development where the Dwelling Units are subject to legally binding restrictions enforceable against and/or governing such units that limit the Rent to no more than an affordable Rent, as such term is defined in Cal. Health & Safety Code section 50053 and as subsequently amended. (5) Exemptions listed in the definition of Stabilized Rental Units in this Chapter.

5.55.040 Reserved

5.55.050 Reserved

5.55.060 Reserved

5.55.070 RENT STABILIZATION.

(A) Authority and Duties. The Town Manager or Town Council shall have the following authority and duties under this Chapter:
(1) Establish a Base Rent under section 5.55.080(A).

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7 (2) Make adjustments in the Rent Increase and Decreases in accordance with section 5.55.080.
(3) Set Rents at fair and equitable levels in order to achieve the intent of this Chapter.
(4) Issue orders, rules and regulations, conduct hearings and charge fees as set forth below.
(5) Make such studies, surveys and investigations, conduct such hearings, and obtain such information as is necessary to carry out required duties. (6) Report annually to the Fairfax Town Council on the status of rental housing covered by this Chapter. This shall include a summary of the numbers of notices served, the basis upon which they were served, the amount of the Rent increases and the addresses for which they were served. A searchable database will be created so that service of notice may be determined as well as the summaries. A Rent increase, termination, or change in terms of tenancy is not valid if not served on the Town Manager.
(7) Administer oaths and affirmations and subpoena witnesses. (8) Establish rules and regulations for deducting penalties and settling civil claims under section 5.55.110.
(9) Seek authorization from the Town Council to seek injunctive and other civil relief under sections 5.55.110 and 5.55.120. (10) Charge and collect the Rental Housing Fee, including penalties for late payments.
(11) Make available on a contract basis legal assistance services for low-income residents of Fairfax related to evictions and petitions, hearings and appeals. (12) Collect and/or receive copies of notices of termination of tenancy, Rent increase, and changes in terms of tenancy.
(13) Any other duties necessary to administer and enforce this Chapter. (B) Rules and Regulations. The Town Council may issue such rules and regulations, including those which are contained in this Chapter as will further the purposes of the Chapter. The Town Council shall publicize its rules and regulations prior to promulgation on the Town’s website.
(C) Community Education. The Town Manager may publicize this Chapter and Chapter 5.54 so that all residents of Fairfax will have the opportunity to become San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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8 informed about their legal rights and duties under this Chapter. The Town Manager will prepare a brochure which fully describes the legal rights and duties of Landlords and Tenants under Chapters 5.54 and 5.55 of this Code. The brochure will be available to the public and each Tenant of a Rental Unit shall receive a copy of the brochure from their Landlord. Landlords shall provide the brochure at the commencement of the tenancy and with each notice of Rent increase. This brochure will be made available for download from the Town website and/or other appropriate technology. Information about the Rent Stabilization Program may be made available in other languages as requested by the community.

(D) Collection of Rental Housing Fee. All Landlords shall pay the business license fee required by the Town Code section 5.16.010, if applicable, in addition to the Rental Housing Fee. The Town may charge the Rental Housing Fee at the same time as the business license fee. The Rental Housing Fee will be set by resolution of the Town Council. Enforcement of this Chapter shall be funded by the Rental Housing Fee.

(E) Reporting and Fee Payment Requirements.
(1) Within sixty (60) days after the implementation date of this Chapter, all Landlords shall file a copy of all rental increase notices, change of terms of tenancy and tenancy termination notices with the Town Manager before serving the Tenant the notice. A proof of service with time and date of service of notice shall be included with notice filed with the Town Manager.
(2) After proper notice and hearing, if it is determined that a Landlord has willfully and knowingly failed to properly report, as described above, any rental increase notices, change of terms of tenancy or tenancy termination, or pay the Rental Housing Fee, the Town Manager may authorize the Tenant of such a non-reporting or fee paid Unit to withhold all or a portion of the Rent for the Rental Unit until such time as the Rental Housing Fee is paid or notice filed. After a notice is properly filed or fee paid, the Town Manager shall determine what portion, if any, of the withheld Rent is owed to the Landlord for the period in which the notice is not properly filed or fee paid. Whether or not the Town Manager allows such withholding, no Landlord who has failed to properly report or pay the fee shall at any time increase Rents for a Stabilized Rental Unit until such fee or notice is reported.
(3) Failing to pay the fee or file a timely copy of a notice before the filing of an unlawful detainer lawsuit is a complete defense to an unlawful detainer.

5.55.080 STABILIZATION OF RENTS; RIGHT OF REASONABLE RETURN FOR LANDLORDS.
(A) Establishment of Base Rent. Beginning on the effective date of this Chapter, no Landlord shall charge Rent for any Stabilized Rental Unit in an amount San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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9 greater than the Rent in effect for that unit on February 2, 2022 except for increases expressly allowed under this Chapter. The Rent in effect on that date is the Base Rent.

If there was no Rent in effect on February 2, 2022 the Base Rent shall be the Rent that was charged on the first date that Rent was charged following February 2, 2022. For tenancies commencing after the adoption of this Chapter, the Base Rent is the initial rental rate in effect on the date the tenancy commences. As used in this subsection, the term “initial rental rate” means only the amount of Rent actually paid by the Tenant for the initial term of the tenancy. The Base Rent is the reference point from which the Maximum Allowable Rent shall be adjusted upward or downward in accordance with section 5.55.080(C).
(B) Posting. As soon as the Landlord is aware of the Annual General Adjustment the Landlord shall post it in a prominent place in or about the affected Stabilized Rental Units.
(C) Annual General Adjustment. No later than June 30 each year, the Town Manager shall announce the percentage by which Rent for eligible Rental Units will be adjusted, effective September 1 of that year.
(1) The Annual General Adjustment shall be equal to 60% of the percentage increase in the Consumer Price Index (All Urban Consumers, San Francisco-Oakland-Hayward region, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the 12-month period ending as of March of the current year.
(2) Paragraph 1 of this subsection notwithstanding, in no event shall the Annual General Adjustment be less than 0% not greater than 5%. (3) For the period between the effective date of this Chapter and the first Annual General Adjustment announced September 1, 2023, the Landlord may submit a request to the Town Manager for an increase to the Maximum Allowable Rent.

Guidelines for approving or denying such request shall be promulgated by the Town Council.
(D) Petitions. Upon receipt of a petition by a Landlord and/or a Tenant, the Maximum Allowable Rent of individual Stabilized Rental Units may be adjusted upward or downward in accordance with the procedures set forth elsewhere in this section. The petition shall be on the form provided by the Town Manager and shall include a declaration by the Landlord that the Rental Unit meets all requirements of this Chapter.

Notwithstanding any other provision of this section, the hearing examiner may refuse to hold a hearing and/or grant a Rent adjustment if an individual hearing has been held and decision made with regard to the Maximum Allowable Rent within the previous twelve (12) months.

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10 (E) Hearing Procedure. The Town Council shall enact rules and regulations governing hearings and appeals of individual adjustment of Maximum Allowable Rents which shall include the following:
(1) Hearing Examiner. A hearing examiner appointed by the Town Manager shall conduct a hearing to act upon the petition for individual adjustment of Lawful Rent and shall have the power to administer oaths and affirmations. (2) Notice. The Town Manager shall notify the Landlord, if the petition was filed by the Tenant, or the Tenant, if the petition was filed by the Landlord, of the receipt of such a petition and provide a copy thereof.
(3) Time of Hearing. The hearing officer shall notify all parties as to the time, date and place of the hearing.
(4) Records. The hearing examiner may require either party to a Rent adjustment hearing to provide it with any books, records and papers deemed pertinent in addition to that information contained in registration statements. The hearing examiner may conduct a current building inspection and/or request the city to conduct a current building inspection if the hearing examiner finds good cause to believe the Board's current information does not reflect the current condition of the Stabilized Rental Unit. The Tenant may request the hearing examiner to order such an inspection on or prior to the date of the hearing. All documents required under this section shall be made available to the parties involved prior to the hearing at Town offices. In cases where information filed in a petition for Maximum Allowable Rent adjustment or in additional submissions filed at the request of the hearing examiner is inadequate or false, no action shall be taken on said petition until the deficiency is remedied. (5) Open Hearings. All Maximum Allowable Rent adjustment hearings shall be open to the public.
(6) Right of Assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, Tenant Organization representatives or any other persons designated by said parties. (7) Hearing Record. The Town Manager shall make available for inspection and copying by any person, an official record which shall constitute the exclusive record for decision on the issues at the hearing. The record of the hearing, or any part of one, shall be obtainable for the cost of copying. The record of the hearing shall include: all exhibits, papers and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions; orders and/or rulings; all final decisions, orders and/or rulings, and the reasons for each final decision, order and/or ruling. All hearings shall be recorded. Any party may receive a copy of the audio that was made. Reasonable costs may be charged.

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11 (8) Proof Required and Notice of Decision. No individual adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the decision and a copy of the findings of fact and law upon which said decision is based. At the same time, parties to the proceeding shall be notified of their right to an appeal to the Town Council and/or to judicial review of the decision on appeal pursuant to this section and section 5.55.100 of this Chapter.
(9) Consolidation. All Landlord petitions pertaining to Tenants of the same Property shall be consolidated for hearing, and all petitions filed by Tenants occupying the same Property shall be consolidated for hearing unless there is a showing of good cause not to consolidate such petitions. (10) Time for Decision. Decisions decreasing Rents shall remain in effect until the Town Manager finds that the Landlord has corrected the defect warranting the decrease. Upon a determination of compliance, the Landlord shall be entitled to reinstatement of the prior Rent level, retroactive to the date that the Landlord corrected the defect which warranted the decrease. This shall be in compliance with California Civil Procedure section 1942.4. If the Landlord is found to be in violation of California Civil Procedure section 1942.4 then no rent shall be charged for the period during which the Landlord was in violation.
(11) Appeal. Any person aggrieved by the decision of the hearing examiner may appeal to the Town Council acting as the Appeals Board. On appeal, the Town Council may affirm, reverse or modify the decision of the hearing examiner. (12) Finality of Decision. The decision of the hearing examiner shall be the final decision in the event of no appeal to the Town Council. The decision of the hearing examiner shall not be stayed pending appeal; however, in the event that the Town Council on appeal, reverses or modifies the decision of the hearing examiner, the Landlord, in the case of an upward adjustment in Rent, or the Tenant, in the case of a downward adjustment of Rent, shall be ordered to make retroactive payments to restore the parties to the position they would have occupied had the hearing examiner's decision been the same as that of the Town Council.
(F) Individual Adjustment Rent Increase. In making individual adjustments of the Annual Adjustable Rent Increase, the hearing examiner shall consider the purposes of this Chapter and the requirements of law, including state law. In making an individual downward adjustment, the hearing examiner may consider decreases in Housing Services; substantial deterioration of the Stabilized Rental Unit other than as a result of ordinary wear and tear; or failure on the part of the Landlord to provide adequate Housing Services or to comply substantially with applicable housing, health and safety codes.

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12 (G) No Direct Charge for Utilities. A Landlord may not charge a Tenant for Utility Charges indirectly. In order to be paid by a Tenant, the utility service must be separately or individually metered and the utility account must be registered to the Tenant and not the Landlord.
(H) Landlords’ Right of Reasonable Return. In making individual adjustments of the Maximum Allowable Rent, the hearing examiner shall consider the purposes of this Chapter and shall specifically consider all relevant factors, including (but not limited to):
(1) Increases or decreases in Property taxes;
(2) Unavoidable increases or any decreases in maintenance and operating expenses;
(3) The cost of planned or completed capital improvements to the Rental Unit (as distinguished from ordinary repair, replacement and maintenance) where such capital improvements are necessary to bring the Property into compliance or maintain compliance with applicable local code requirements affecting health and safety, and where such capital improvement costs are properly amortized over the life of the improvement;
(4) Increases or decreases in the number of Tenants occupying the Rental Unit, living space, furniture, furnishings, equipment, or other Housing Services provided, or occupancy rules;
(5) Substantial deterioration of the Rental Unit other than as a result of normal wear and tear;
(6) Failure on the part of the Landlord to provide adequate Housing Services, or to comply substantially with applicable state rental housing laws, local housing, health and safety codes, or the Rental Agreement; and (7) The pattern of recent rent increases or decreases.
(I) No upward adjustment of an individual Maximum Allowable Rent shall be authorized under this section if the Landlord:
(1) Has continued to fail to comply with any provisions of this Chapter and/or orders or regulations properly issued thereunder, or (2) Has failed to bring the Rental Unit into compliance with the implied warranty of habitability.
(J) Allowable Rent increases pursuant to an individual upward adjustment of the rent ceiling shall become effective only after the Landlord gives the Tenant at least a San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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13 thirty (30) day written notice of such Rent increase and the notice period expires. If the hearing examiner makes a downward individual adjustment of the rent ceiling, such Rent decrease shall take effect no sooner than thirty (30) days after the effective date set for the downward adjustment.
(K) No provision of this Chapter shall be applied so as to prohibit the hearing examiner from granting an individual Rent adjustment that is demonstrated by the Landlord to be necessary to provide the Landlord with a fair return on investment.

Limits on the total increase per month and length of monthly increase may be promulgated by the Town Council through regulations.

5.55.090 NO WAIVER.

Any provision, whether oral or written, whereby any provision of this Chapter for the benefit of the Tenant is waived, shall be deemed to be against public policy and shall be void.

5.55.100 JUDICIAL REVIEW.

A Landlord or Tenant aggrieved by any final action or decision of the Town Council may seek judicial review by appealing to the appropriate court within the jurisdiction. No action or decision by the Town Council shall go into effect until thirty (30) days have expired to allow for such appeal.

5.55.110 REMEDIES.
(A) Any Landlord who demands, accepts, receives, or retains any payment of Rent in excess of the maximum lawful Rent, in violation of the provisions of this Chapter or any rule, regulation or order hereunder promulgated, including the provisions ensuring compliance with habitability standards and registration fee requirements, shall be liable in a civil action to the Tenant from whom such payments are demanded, accepted, received or retained, for reasonable attorney fees and costs as determined by the court, plus damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful Rent. A civil penalty of treble the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful Rent shall be awarded against the Landlord upon a showing that the Landlord has acted willfully or with oppression, fraud or malice. The statute of limitations for all remedies in this subsection shall be three years. The remedies of this subsection are cumulative and may be used in addition to any other remedy in this Chapter, at law, statute or ordinance.
(B) In lieu of filing a civil action for violation of section 5.55.070 of this Chapter, a Tenant may file an administrative complaint. The Town Council may establish by resolution a hearing procedure similar to that set forth in section

5.55.080(E).

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14 In any administrative hearing under this section, a Landlord who demands, accepts, receives or retains any payment of Rent in excess of the maximum lawful Rent shall be liable for damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful Rent and may be liable for an additional amount not to exceed Five Hundred Dollars ($500), for costs, expenses incurred in pursuing the hearing remedy, and damages. The Tenant shall bear the burden of proving entitlement to this amount. The Tenant may deduct the $500 costs payment and award of damages from future Rent payments in the manner provided by the Town Manager. An order authorizing Rent withholding under this Chapter shall survive the sale or other transfer of the Rental Unit and shall be binding upon successors of the Landlord against whom the order was made. If a Tenant authorized to withhold Rent under this Chapter vacates the Rental Unit, the Landlord shall pay to such Tenant a sum equal to the balance of the Rent that the Tenant could have withheld.
(C) If the Tenant from whom such excessive payment is demanded, accepted, received or retained in violation of the foregoing provisions of this Chapter or any rule or regulation or order hereunder promulgated, fails to bring a civil or administrative action as provided for in this section within one hundred twenty (120) days from the date of occurrence of the violation, the Town Manager may settle the claim arising out of the violation or bring such action. Thereafter, the Tenant on whose behalf the Town Manager acted is barred from also bringing an action against the Landlord in regard to the same violation for which the Town Manager has made a settlement or brought action. In the event the Town Manager settles said claim, the Town shall be entitled to retain the costs it incurred in settlement thereof, and the Tenant against whom the violation has been committed shall be entitled to the remainder.

5.55.120 INJUNCTIVE AND OTHER CIVIL RELIEF.

Tenants and Landlords of Rental Units, may seek relief from the appropriate court within the jurisdiction within which the affected Rental Unit is located to enforce any provision of this Chapter or its implementing regulations or to restrain or enjoin any violation of this Chapter and of the rules, regulations, orders and decisions.” SECTION 3. Compliance with CEQA. The Town Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment, in that this ordinance applies residential tenant protection to existing residential units in the Town of Fairfax, which is solely an administrative process resulting in no physical changes to the environment. Accordingly, this ordinance contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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15 for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The Town Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Implementation Date. The provisions of this Chapter shall not be implemented by the Town of Fairfax until such time as sufficient agreements for implementation support, including, but not limited to, staffing, hearings, software and outreach, have been approved by the Town Council. Upon approval of said support agreements, the Town Council will set an implementation date by resolution.

SECTION 6. Effective Date and Posting. This Ordinance shall be effective 30 days following its adoption by the Town Council. Copies of this Ordinance shall, within fifteen days after its passage and adoption, be posted in three public places in the Town of Fairfax, to wit: 1. Bulletin Board, Town Hall Offices; Bulletin Board, Fairfax Post Office; and 3. Bulletin Board, Fairfax Women’s Club.

The foregoing Ordinance was introduced at a special meeting of the Town Council on the 11th day of October, 2022, and duly adopted at the next regular meeting of the Town Council on the 2nd day of November, 2022, by the following vote, to wit:

AYES: ACKERMAN, COLER, CUTRANO, GODDARD, HELLMAN
NOES: None
ABSENT: None
ABSTAIN: None
/s/

Stephanie Hellman, Mayor
Attest:
/s/ 11-04-22

Michele Gardner, Town Clerk Date
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1 ORDINANCE NO. 870

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX AMENDING CHAPTER 5.54 “JUST CAUSE EVICTIONS” OF TITLE 5 OF THE

FAIRFAX TOWN CODE
WHEREAS, more than 1,200 Fairfax households rent their homes, constituting approximately 37% of total town households, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and
WHEREAS, approximately 24% of Fairfax rental households are low income, which is defined as earning between 51% and 80% of the county’s area median income, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and WHEREAS, approximately 12% of Fairfax rental households are very low income, which is defined as earning between 30% and 50% of the county’s area median income, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and WHEREAS, approximately 36% of Fairfax rental households are extremely low income, which is defined as earning between 0% and 30% of the county’s area median income, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and WHEREAS, 87% of Fairfax householders under the age of 35 are renters, as identified by the U.S. Census Bureau, 2019: American Community Survey 5-Year Estimates; and
WHEREAS, 68% of Fairfax householders who identify as Hispanic or Latino are renters, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and WHEREAS, 66% of Fairfax householders who identify their race as something other than white are renters, as identified in the 2021-04-02 Housing Needs Data Report:

Fairfax; and
WHEREAS, the right to adequate housing is an internationally recognized human right, sanctioned by the United Nations and enumerated to include protection against forced evictions, security of tenure, and non-discriminatory access, as identified by the Office of the United Nations High Commissioner for Human Rights, The Right to Adequate Housing, Fact Sheet No. 21/Rev.1; and
WHEREAS, the State of California’s Tenant Protection Act of 2019 depends on renters knowing their rights and pursuing legal remediation when those rights are violated; and
WHEREAS, Chapter 5.54 (Just Cause Evictions) of the Fairfax Town Code does not presently include protections found in some other Bay Area rent stabilization and just cause eviction ordinances, such as relocation payments for renters evicted due to no fault San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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2 of their own, securing the right of return/first right of refusal for renters who are evicted due to no fault of their own, and special protections against eviction for seniors, the Disabled, and for Educators and students during the school year; and WHEREAS, in accordance with Civil Code section 1946.2(g)(1)(B), the Fairfax Town Council finds that this ordinance is more protective than the provisions of Civil Code section 1946.2 for the following reasons:

(1) The just cause for termination of a residential tenancy under this Chapter is consistent with Civil Code section 1946.2; and
(2) This Chapter, and Chapter 5.55 (for which amendments are being adopted through a concurrent ordinance), further limits the reasons for termination of a residential tenancy, provides for relocation assistance, and provides additional tenant protections that are not prohibited by any other provision of law.

WHEREAS, there are an estimated 699 multi-family rental units in Fairfax, constituting approximately 57% of total renter-occupied housing units, as identified in the 2021-04-02 Housing Needs Data Report: Fairfax; and
WHEREAS, an estimated 97% of all Fairfax housing units are in structures built before 1995, as identified in Appendix H-B: Housing Needs Assessment of the Town’s Housing Element Update 2015-2023.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF FAIRFAX DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are each incorporated by reference and adopted as findings of the Town Council.

SECTION 2. Chapter 5.54 Amended. Chapter 5.54, “Just Cause Evictions,” is hereby amended in its entirety to read as follows:
“CHAPTER 5.54: JUST CAUSE EVICTIONS
Section

5.54.010 Purpose and Intent

5.54.020 Definitions

5.54.030 Just Cause for Eviction – Protections

5.54.040 Reserved

5.54.050 Relocation

5.54.060 Units Withdrawn from the Rental Market Pursuant to the Ellis Act

5.54.070 Remedies

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3 5.54.010 PURPOSE AND INTENT.

The purpose of this Chapter is to promote neighborhood and community stability, healthy housing, and affordability for renters in Fairfax by regulating arbitrary evictions to the greatest extent allowable under California law, while ensuring Landlords a fair and reasonable return on their investment.

5.54.020 DEFINITIONS.

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CREDITWORTHINESS. Any standard of determining suitability to receive credit or reliability to pay money owed, including any financial or income standard.

DISABLED. The term “disabled” shall have the same meaning as that in Government Code section 12955.3, as may be amended or renumbered from time to time.

DWELLING UNIT. A structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household as defined in Civil Code section 1940 and the Fairfax Town Code.

EDUCATOR. Any person who works at a school in Marin County as an employee or independent contractor of the school or of the governing body that has jurisdiction over the school, including, without limitation, all teachers, classroom aides, administrators, administrative staff, counselors, social workers, psychologists, school nurses, speech pathologists, custodians, security guards, cafeteria workers, community relations specialists, child welfare and attendance liaisons, and learning support consultants.

HOUSING SERVICES. Housing Services include, but are not limited to, repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, access to exterior doors, entry systems, and gates, utilities (unless separately metered and billed to the Tenant by the utility company since the inception of the tenancy, as provided in the lease), refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants or Tenants, the right to have pets, utility infrastructure, and any other benefit, privilege or facility connected with the use or occupancy of any Rental Unit. Housing Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building in which the Rental Unit is contained.

LANDLORD. An owner, lessor, sublessor or any other person entitled to receive Rent for the use and occupancy of any Rental Unit, or an agent, representative or successor of any of the foregoing.

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4 PRIMARY RESIDENCE. Occupancy of a Primary Residence does not require that the individual be physically present in the unit at all times or continuously, but the
unit must be the individual’s usual place of return. Indicia of a Primary Residence include:
(1) The individual carries on basic living activities at the subject premises for extended periods;
(2) The subject premises are listed with other public agencies, including Federal, State and local taxing authorities as the individual’s primary residence;
(3) Utilities are billed to and paid by the individual at the subject premises; (4) A homeowner’s tax exemption for the individual has not been filed for a different property;
(5) The occupant is not registered to vote at any other location; (6) All or most of the individual’s personal possessions have been moved into the subject premises;
(7) The subject premises are the place the individual normally returns to as their home, exclusive of military service, hospitalization, vacation, family emergency, travel necessitated by employment or education, incarceration, or other reasonable temporary periods of absence; (8) Other relevant factors demonstrating a residence is the person’s Primary Residence.

In order for a housing unit to qualify as a Primary Residence, ownership must be held in the name of the natural person claiming Primary Residence and cannot be held by a limited liability corporation, limited partnership, or other corporate structure. A housing unit that is owned by a living trust may qualify as a Primary Residence if the trust beneficiary meets the above criteria, so long as the Landlord is able to provide documentation to the Town Manager of the name and address of all trust beneficiaries.

PROPERTY. All Rental Units on a parcel or lot or contiguous parcels or contiguous lots under common ownership.

RENT. All periodic payments and all nonmonetary consideration including, but not limited to, the fair market value of goods, labor performed or services rendered to or for the benefit of the Landlord under a Rental Agreement, as defined in this section, concerning the use or occupancy of a Rental Unit and premises, including all payment San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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5 and consideration demanded or paid to the Landlord for parking on or near the Property, utilities, pets, furniture, and subletting.

RENTAL AGREEMENT. An agreement, oral, written or implied, between a Landlord and Tenant for use or occupancy of a Rental Unit and for Housing Services.

RENTAL UNIT. Any building, structure, or part thereof, or land appurtenant thereto, or any other rental Property rented or offered for Rent for residential purposes, together with all Housing Services connected with use or occupancy of such Property such as common areas and recreational facilities held out for use by a Tenant, regardless of zoning or permitting status. A room or rooms rented separately from other rooms at the same Property shall constitute a single Rental Unit, even if Tenants share other common spaces or amenities.

SCHOOL YEAR. The first day of instruction for the Fall Semester through two weeks after the last day of instruction for the Spring Semester, as posted on the School District website for each year.

TENANT. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.

TOWN. The Town of Fairfax, California
TOWN MANAGER. The Town Manager of the Town of Fairfax or designee.

5.54.030 JUST CAUSE FOR EVICTION – PROTECTIONS.
(A) Applicability. Except as provided herein, the provisions of this Chapter shall apply to all properties in Fairfax that are hired, rented, or leased to a household within the meaning of Cal. Civil Code section 1940, including properties that contain any of the following: (1) Dwelling Units which contain a separate bathroom, kitchen, and living area in a multifamily or multipurpose dwelling; (2) Dwelling Units in single room occupancy residential structures; or (3) units in a structure that is being used for residential uses whether or not the residential use is a conforming use permitted under the Fairfax Town Code. This definition applies to any dwelling space that is actually used for residential purposes, including live-work spaces, whether or not the residential use is legally permitted.
(B) Exemptions. The following Rental Units shall be exempt from this section, except that all exempt units must comply with the requirement of section 5.54.030(D). (1) Rental Units in hotels, motels, and inns, which are rented primarily to transient guests for a period of fewer than thirty (30) days. This exemption does not apply (a) to a Tenant who has resided at the Property for more than thirty continuous days (b) to a Tenant who has entered into an agreement to lease a Rental Unit for 30 San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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6 days or more (c) where a Landlord has violated California Civil Code 1940.1 with regard to the Tenant or (d) a Rental Unit used exclusively as a Short-Term Rental as defined in Fairfax Town Code Section 17.008.020.
(2) Rental Units in any hospital, convent, monastery, extended medical care facility, non-profit home for the aged, or dormitory as defined in California Building Code section 202 that is solely owned and operated by an accredited institution of higher education.
(3) Rental Units which a government unit, agency or authority fully owns, operates and manages. This exemption applies only if applicable federal or state law or administrative regulation specifically exempt such units from municipal Rent stabilization.
(4) Any Dwelling Unit located in a development where the Dwelling Units are subject to legally binding restrictions enforceable against and/or governing such units that limit the Rent to no more than an affordable rent, as such term is defined in Cal. Health & Safety Code section 50053,and as subsequently amended. (C) No Landlord shall take action to terminate any tenancy, including but not limited to making a demand for possession of a Rental Unit, threatening to terminate a tenancy verbally or in writing, serving any notice to quit or other eviction notice, bringing any action to recover possession or be granted recovery of possession of a Rental Unit, including by seeking the entry of an eviction judgment or by causing or permitting a writ of possession to be entered unless the Landlord is able to prove the existence of one of the following grounds as stated in the termination notice on which the court action is based:
(1) Failure to Pay Rent. The Tenant has failed to pay the Rent to which the Landlord is legally entitled under the Rental Agreement, this Chapter, federal, state, and any other local law.
(a) In any action to recover possession of a Rental Unit filed under this subsection, it shall be a defense if the Landlord impeded the Tenant's effort to pay Rent by refusing to accept Rent paid on behalf of the Tenant from a third party, or refusing to provide a W-9 form or other necessary documentation for the Tenant to receive rental assistance from a government agency, non-profit organization, or other third party. Acceptance of rental payments made on behalf of the Tenant by a third party shall not create a tenancy between the Landlord and the third party as long as either the Landlord or the Tenant provide written notice that no new tenancy is intended. (b) COVID-19 State Law Preemption. This Chapter shall not apply to unlawful detainer action for nonpayment of Rent originally due from March 1, 2021 through March 31, 2022, where prohibited by Code of Civil Procedure section 1179.05 or successor statute.

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7 (2) Breach of Lease. The Tenant has continued, after written notice to cease, to substantially violate any of the written material terms of the Rental Agreement, except the requirement to surrender possession on proper notice as required by law. To constitute a breach of lease, the substantially violated term must be reasonable and legal and have been accepted in writing by the Tenant as part of the Rental Agreement; and provided further that, where such term was accepted by the Tenant or made part of the Rental Agreement subsequent to the initial creation of the tenancy, the Landlord must have first notified the Tenant in writing that they need not accept such terms or agree to the terms being made part of the Rental Agreement. (a) Notwithstanding any lease provision to the contrary, a Landlord shall not take any action to terminate a tenancy based on a Tenant’s sublease of the Rental Unit if the Landlord has unreasonably withheld the right to sublease following written request by the Tenant. The following requirements must be met:
(i) The Tenant continues to reside in the Rental Unit as their primary residence.
(ii) The sublease replaces one or more departed Tenants under the Rental Agreement on a one-for-one basis or the sublease adds additional occupants up to the maximum amount of occupants legally allowed under section 503(b) of the Uniform Housing Code as incorporated by California Health & Safety Code section 17922, except where prohibited by law.
(iii) A Landlord’s refusal of a subtenant must state the reason for the refusal. If the Landlord fails to respond to the Tenant’s request to sublease in writing within fourteen (14) days of receipt of the Tenant’s request, the Tenant’s request shall be deemed approved by the Landlord. (iv) A Landlord's reasonable refusal of the Tenant's
written request may not be based on the proposed additional occupant's lack of Creditworthiness, if the occupant will not be legally obligated to pay some or all of the Rent directly to the Landlord. A Landlord's reasonable refusal of the Tenant's written request may be based on the ground that the total number of occupants in a Rental Unit exceeds the maximum number of occupants under section 503(b) of the Uniform Housing Code as incorporated by California Health & Safety Code section 17922. (b) Before endeavoring to recover possession based on the violation of a lawful obligation or covenant of tenancy regarding subletting or limits on the number of occupants in the Rental Unit, the Landlord shall serve the Tenant a written notice of the violation that provides the Tenant with a minimum of fourteen (14) days’ opportunity to cure the violation. The Tenant may cure the violation by making a written request to add occupants referenced in subsection (ii) of section

5.54.030(C)(2)(a) or by using other reasonable means to cure the violation.

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8 (c) Protections for Families. Notwithstanding any contrary provision in this section, a Landlord shall not endeavor to recover possession of a Rental Unit as a result of the addition to the Rental Unit of a Tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in California Family Code section 297) of such relatives, or as a result of the addition of the spouse or domestic partner of a Tenant, so long as the number of occupants does not exceed the maximum number of occupants as determined under section 503(b) of the Uniform Housing Code as incorporated by California Health & Safety Code section 17922.
(3) Nuisance. The Tenant has continued, after the Landlord has served the Tenant with a written notice to cease, to commit or expressly permit a nuisance in, or cause substantial damage to, the Rental Unit and, after written notice, has refused to cease damaging the premises, or has refused to either make satisfactory correction or to pay the reasonable costs of repairing such damage over a reasonable period of time.

The fact that a Tenant has been arrested or convicted of a crime, been the victim of a crime, or contacted the police, in and of itself, is not evidence of nuisance for purposes of this subsection.
(4) Failure to Give Access. The Tenant has continued to refuse, after the Landlord has served the Tenant with a written notice, to grant the Landlord reasonable access to the Rental Unit for the purposes of showing the unit to a prospective purchaser or mortgagee or making necessary repairs or improvements required by the laws of the United States, the State of California or any subdivision thereof. To terminate a tenancy under this subsection, a Landlord must show that written notice was provided to the Tenant in compliance with Civil Code section 1954. (5) Temporarily Vacate in Order to Undertake Substantial Repairs. The Landlord, after having obtained all necessary permits from the Town, seeks in good faith to undertake substantial repairs which are necessary to bring the Property into compliance with applicable codes and laws affecting the health and safety of Tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of Tenants of the building, and where such repairs while the Tenant resides on the premises require the Tenant to temporarily vacate for at least 30 days.
(a) Where such repairs can be completed in a period of 60 or fewer days, and the Tenant agrees in writing to vacate the premises during the period required to complete the repairs, the Landlord may not recover possession pursuant to this subsection unless the Tenant shall fail or refuse to vacate the premises in accordance with such agreement.
(b) Where the Landlord owns any other residential Rental Units in the Town of the same number of bedrooms or fewer, and any such unit is vacant and available at the time of service of the written notice terminating the tenancy, or at any time thereafter until the earlier of the Tenant's vacating the premises or the entry of a San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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9 judgment by a court of competent jurisdiction awarding possession of the premises to the Landlord, the Landlord shall, as a condition of obtaining possession pursuant to this subsection, notify the Tenant in writing of the existence and address of each such vacant Rental Unit and offer the Tenant the right, at the Tenant's option, to enter into a Rental Agreement (to be designated as a "temporary rental agreement") for the available Rental Unit which the Tenant may choose, at a Rent not to exceed the lesser of the lawful Rent which may be charged for such available Rental Unit or the lawful Rent in effect at the time of the notice of termination of tenancy on the unit being vacated. Said Rental Agreement shall be for a term of the lesser of ninety days or until completion of repairs for the Rental Unit being vacated by Tenant. (c) A notice terminating tenancy under this subsection must include the following information:
(i) A statement informing Tenants as to their right to
relocation payments under this Chapter.
(ii) The statement, "When the needed repairs are
completed on your unit, the Landlord must offer you the opportunity to return to your unit with a Rental Agreement containing the same terms as your original one and with the same rent.”
(iii) A description of the repairs to be completed and the approximate expected duration of the repairs.
(d) Where the Landlord recovers possession under this
subsection either prior to or after an unlawful detainer judgment, the Tenant must be given the right of first refusal to re-occupy the unit. The Landlord shall notify the Tenant household at least sixty (60) days in advance of the availability of the unit or room.

Within thirty (30) days of receipt of the notice of availability, a Tenant household must notify the Landlord if it wishes to reoccupy the unit or room. The Landlord must hold the unit or room vacant at no cost to the Tenant for sixty (60) days from the date the Tenant household’s written notice of its intent to reoccupy the Rental Unit or room is received. (6) Owner Move-In. The Landlord seeks to recover possession in good faith for use and occupancy as a Primary Residence by the Landlord or the Landlord’s spouse, child, parent or grandparent.
(a) A Landlord, as used in this subsection, shall only include a Landlord that is a natural person who has at least a 51% recorded ownership interest in the Property.
(b) No eviction may take place for an “owner move-in” if the same Landlord or enumerated relative already occupies a Rental Unit on the Property, or if a vacancy already exists on the Property. Only one specific unit per building may undergo an “Owner Move-in” eviction. Once a Landlord has successfully recovered San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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10 possession of a Rental Unit pursuant to this subsection, no other Landlords may recover possession of any other Rental Unit at the Property under the subsection. Any future evictions taking place at the same Property under this subsection must be of that same Rental Unit. At all times, a Landlord may request a reasonable accommodation if the Landlord or enumerated relative is Disabled and a different unit is necessary to accommodate the person’s disability. A Landlord who has terminated a tenancy for a Rental Unit under this subsection may not terminate a tenancy for a Tenant who subsequently reoccupies a Rental Unit after termination of tenancy under this subsection or relocates to a comparable Rental Unit on the same Property for a period of four years commencing from the date of the latest notice to vacate. (c) The notice terminating tenancy shall contain the name and relationship to the Landlord of the person intended to occupy the Rental Unit. (d) The Landlord or enumerated relative must intend in good faith to move into the Rental Unit within ninety (90) days after the Tenant vacates and to occupy the Rental Unit as a Primary Residence for at least one year . (e) If the Landlord or relative specified on the notice terminating tenancy fails to occupy the Rental Unit within 90 days after the Tenant vacates, the Landlord shall:

(i) Offer the unit to the Tenant who vacated it at the
same Rent in effect at the time the Tenant vacated; and (ii) Pay to said Tenant all reasonable expenses incurred in moving to and from the unit, include lease termination fees. This subsection does not limit any other remedies a Tenant may have under this Chapter or applicable law. (iii) If the Landlord or enumerated relative fails to occupy the Rental Unit within 90 days after the Tenant vacates or does not occupy the Rental Unit as a Primary Residence for at least one year, the Landlord shall have the burden of producing evidence that the failure to occupy did not occur in bad faith. (f) If the Landlord or relative specified on the notice terminating tenancy fails to occupy the Rental Unit within ninety days and the previous Tenant declines to move back into the Rental Unit, any new Tenant moving into the Rental Unit will have as the original base Rent the Rent in effect at the time the previous Tenant vacated.
(g) Eviction Protection for Elderly, Disabled, or Terminally Ill Tenants. A Landlord may not evict a Tenant pursuant to this subsection if (a) the Tenant has resided in the Rental Unit for at least three (3) years and is either at least 62 years of age or Disabled; or (b) if the Tenant is certified as being terminally ill by the Tenant’s treating physician. For the purposes of this subsection, notwithstanding the above, a Landlord may evict a Tenant who qualifies for the exemption if the Landlord or San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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11 enumerated relative who will occupy the Rental Unit is also Disabled and no other units are available at the Property.
(h) Within 30 days after the effective date of a written notice of termination under this subsection is filed with the Town Manager, the Town Manager shall record a notice of constraints with the County Recorder identifying each Rental Unit on the Property that is the subject of the subsection 5.54.030(C)(6) notice to vacate, stating the nature and dates of applicable restrictions under subsections

5.54.030(C)(6)(e), 5.54.030(C)(6)(f), and 5.54.030(E), and any other restrictions per applicable regulations. The Town Manager shall also send a notice to the Rental Unit that states the maximum Rent for that unit, and shall send an updated notice to the unit 12 months, 24 months, 36 months, 48 months, and 60 months thereafter, or within 30 days of such date. If a notice of constraints is recorded but the Tenant does not vacate the Rental Unit, the Landlord may apply to the Town Manager for a rescission of the recorded notice of constraints. No further notices to the Rental Unit pursuant to this subsection are required if the constraints on the unit are rescinded. (i) A Landlord may not evict a Tenant under this subsection if there is a comparable Rental Unit occupied by a Tenant who moved onto the Property more recently than the Tenant from whom the Landlord seeks to recover possession. (7) Withdrawal from Rental Market. The Landlord seeks in good faith to recover possession of all Rental Units on a parcel of land to permanently withdraw the units from the rental market or for demolition so long as the withdrawal is permitted by the Ellis Act (Government Code section 7060 et seq.). The Landlord must have fulfilled all requirements of section 5.54.060 of this Code and all Town regulations initiating the procedure for withdrawing Rental Units from Rent or lease, with the intention of completing the withdrawal process and going out of the rental business or demolishing.

Tenants shall be entitled to a minimum of 120-day notice or one year in the case a Tenant is at least 62 years of age or Disabled. Notice times may be increased by regulations if state law allows for additional time.
(8) Buy-Out Agreements. Nothing in this Chapter shall expand or limit a Landlord and Tenant’s ability to negotiate or agree to end a tenancy voluntarily in exchange for money or other consideration. All buy-out agreements under this section must be in writing, provided in English and translated into any other language at the Tenant’s request, and include:
(a) A statement that the Tenant has the right not to enter into a proposed buy-out agreement;
(b) A statement that the Tenant may consult with an attorney of their choosing before entering into a buy-out agreement; (c) A space for each Tenant to sign and write the date upon which the Landlord provided the Tenant with the agreement.

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12 (9) Termination of Temporary Tenancy. The Landlord seeks in good faith to recover possession of a separately alienable Rental Unit for their occupancy as a Primary Residence. This shall apply only where the Landlord has previously occupied the Rental Unit as their Primary Residence and has the right to recover possession of the unit for their occupancy as a Primary Residence under an existing written Rental Agreement for a term of no more than 12 consecutive months that was executed with the current Tenants. The temporary Tenant must be provided, at the inception of the tenancy, with a written statement that includes the length of the tenancy and that the tenancy may be terminated at the end of the temporary tenancy period. No relocation is required under this subsection.
(D) In any action to recover possession of a Rental Unit pursuant to this section 5.54.030, a Landlord must allege and prove that the Landlord seeks to recover possession of the unit with good faith, honest intent and with no ulterior motive for the reason stated in the termination notice. If a Landlord claims the Rental Unit is exempt from this ordinance, the Landlord must allege and prove that the unit is covered by one of the exceptions enumerated in subsection 5.54.030(B) of this Chapter. Such allegations must appear in the notice of termination of tenancy. Failure to make such allegations in the notice shall be a complete defense to any unlawful detainer action. (E) Right of Return and First Right of Refusal. All Tenants that are displaced based on sections 5.54.030(C)(5) or (C)(6) or shall have the first right of refusal to return to the unit if it should ever be returned to the market by the Landlord or successor Landlord. The return tenancy shall include the same terms as the original tenancy and the Rent shall be the Rent lawfully paid by the Tenant at the time the Landlord gave notice of termination on a basis listed in sections 5.54.030(C)(5) or (C)(6) plus any lawful adjustment under section 5.55.080. All notices of termination of tenancy served under sections 5.54.030(C)(5) or (C)(6) shall state the lawful Rent in effect at the time of termination of tenancy. If the Tenant declines to reoccupy the Rental Unit after it is returned to the rental market, the lawful base Rent for the new tenancy shall be the Rent lawfully paid by the Tenant at the time the Landlord served the termination notice, plus any lawful adjustment under this Chapter or Chapter 5.55. (F) School Year Protections for Educators and Students. It shall be a defense to an eviction under sections 5.54.030(C)(5) or (C)(6) if a child under the age of 18 or any Educator resides in the unit, the child or Educator is a Tenant in the unit or the child has a custodial or family relationship with a Tenant in the unit, the Tenant has resided in the unit for 12 months or more, and the expiration date of the notice of termination of tenancy falls during the School Year.
(G) Written Warning Notice Requirements. Any written warning notice as described in subsections 5.54.030(C)(2)-(4) shall be served by the Landlord on the Tenant within a reasonable period prior to serving a notice to terminate tenancy and shall inform the Tenant that a failure to cure may result in the initiation of eviction proceedings, of the right to request a reasonable accommodation for disability, and the San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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13 contact number for the Town Manager. A reasonable period shall be presumed to be seven days. The notice shall also include sufficient details allowing a reasonable person to comply. The notice shall also include any information necessary to determine the date, time, place, witnesses present, and other circumstances concerning the reason for the notice.
(H) Retaliation is Barred. Notwithstanding the above provisions, possession shall not be granted if it is determined that the eviction is knowingly in retaliation for the Tenant reporting violations of this Chapter, for exercising rights granted under this Chapter or other law, or for forming or participating in a Tenant Organization. (I) Additional Notice Requirements. In any notice purporting to terminate tenancy, the Landlord shall state the cause for the termination, and in any action brought to recover possession of a Rental Unit, the Landlord shall allege and prove compliance with this section. All notices described in subsections 5.54.030(C)(2)-(4) shall be attached to any notices that purport to terminate a tenancy for which they correspond. The Landlord shall file with the Town Manager a copy of any notice terminating tenancy within three (3) days after serving the notice on the Tenant. (J) Failure to Comply. Failure to comply with any requirement of this Chapter or any implementing regulation may be asserted as an affirmative defense in an action brought by the Landlord to recover possession of the Unit. Additionally, any attempt to recover possession of a Rental Unit or recover of possession in violation of this Chapter shall render the Landlord liable to the Tenant in a civil action for wrongful eviction for treble damages. The Tenant may seek injunctive relief, equitable relief, and money damages. In any action for equitable relief, it shall be presumed that a Tenant suffers irreparable harm through violation of this Chapter. A Tenant or Landlord prevailing in an action brought under this Chapter that is not an unlawful detainer action shall recover costs and reasonable attorney fees. The statute of limitations for all remedies in this section shall be three years. The remedies under this section are cumulative, and may be used in addition to any other remedies in this Chapter or at law, statute, or ordinance.

5.54.040 RESERVED.

5.54.050 RELOCATION.
(A) A Landlord seeking to recover possession under sections 5.54.030(C)(5)- (7) must make relocation payments to the Tenant’s household of the Rental Unit. The amount of the relocation benefit shall be equal to two months’ Rent, at the rate of Rent applicable at the time of the relocation. Relocation payments shall be paid at the time of the service of the notice of termination of tenancy. If the Tenant fails to vacate the unit, the relocation payment must be returned to the Landlord. (B) Notwithstanding subsections 5.54.050(A), any Tenant household that, at the time the notice of intent to withdraw Rental Units is filed with the Town, includes a San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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14 Tenant who is 62 years of age or older, 17 years of age or younger, Disabled, or certified as being terminally ill by the Tenant’s treating physician shall be entitled to receive an additional payment of $3,000.
(C) Every year following the date of passage, the relocation payments specified in subsections 5.54.050(A) and (B) shall increase annually at the rate of increase in the “rent of primary residence” expenditure category of the Consumer Price Index (CPI) for Marin County for the preceding calendar year, as that data is made available by the United States Department of Labor and published by the Town.
(D) Short-Term Tenant Relocation.
(1) Where a Tenant shall be displaced from their Rental Unit for renovation work for a period of thirty days or less, the Landlord shall immediately make short-term relocation payments to the Tenant as set out in subsection 3, below, or the Tenant may elect not to receive short-term relocation payments. If the Tenant receives short-term relocation payments, the Tenant remains obligated to pay the lawful Rent in effect when the Tenant vacated. If the Tenant has elected not to receive short-term relocation payments, the Tenant shall not be obligated to pay Rent until the Tenant reoccupies the Rental Unit. (2) Should a Tenant be displaced for a greater time than originally notified, the Landlord shall pay additional short-term relocation expenses for each additional day of displacement, to be paid on a weekly basis prior to each additional week.
(3) The following amounts shall be paid by the Landlord to the Tenant for each day of displacement:
(i) Hotel or motel accommodations: $168.15 per household; (ii) Meal expenses: $33.85 per occupant;
(iii) Laundry: $1.12 per household;
(iv) Pet accommodation: $32.73 per cat and $58.69 per dog. (4) Replacement amounts shall be adjusted yearly based on the CPI increase. The Town Manager shall publish the new relocation amounts each year following the increase.
(E) If a Landlord fails to provide relocation payments in accordance with this section, in addition to any other remedy under this Chapter, or at law, the Tenant may pursue a civil action for the amount of relocation payments they would have been entitled to and costs of suit. The statute of limitations for all remedies in this section San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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15 shall be three years. The remedies of this section are cumulative, and may be used in addition to any other remedy available in this Chapter or at law. (F) A Landlord’s failure to properly allege and prove a permissible ground for eviction under sections 5.54.030(C)(5)-(7) is not a defense to failing to provide relocation payments when a Landlord recovers the Rental Unit in violation of section

5.54.030. Further, where a Tenant vacates a Rental Unit within one year of receiving a termination notice pursuant to sections 5.54.030(C)(5)-(7), the reason for vacating shall be presumed to be the termination notice.

5.54.060 UNITS WITHDRAWN FROM THE RENTAL MARKET PURSUANT TO THE ELLIS ACT.

The following shall apply to a unit where possession is recovered pursuant to section

5.54.030(C)(7) of this Chapter.
(A) Re-Rental of Rental Unit within Two Years. If the Rental Unit is offered again for Rent or lease for residential purposes within two years of the date the Rental Unit was withdrawn from Rent or lease, the following provisions shall govern:
(1) The Landlord of the Rental Unit shall be liable to any Tenant who was displaced from the Property by that action for treble damages. Any action by a Tenant pursuant to this paragraph shall be brought within three years of the withdrawal of the Rental Unit from Rent or lease. However, nothing in this paragraph precludes a Tenant from pursuing any alternative remedy available under the law. (2) The Town Manager may institute a civil proceeding against any Landlord who has re-offered a Rental Unit for Rent or lease subject to this subsection, for exemplary damages for displacement of Tenants. Any action pursuant to this paragraph shall be brought within three years of the withdrawal of the Rental Unit from Rent or lease.
(3) Any Landlord who offers a Rental Unit again for Rent or lease shall first offer the unit for Rent or lease to the Tenant displaced from that unit by the withdrawal pursuant to this Chapter, if the Tenant has advised the Landlord in writing, within 30 days of the displacement, of the Tenant’s desire to consider an offer to renew the tenancy and has furnished the Landlord with an address to which that offer is to be directed. That Tenant or former Tenant may advise the Landlord at any time during the eligibility of a change of address to which an offer is to be directed.

If the Landlord re-offers the Rental Unit for Rent or lease pursuant to this subsection, and the Tenant has advised the Landlord pursuant to this subsection of a desire to consider an offer to renew the tenancy, then the Landlord shall offer to reinstate a Rental Agreement or lease on terms permitted by law to that displaced Tenant.

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16 This offer shall be deposited in the United States mail, by registered or certified mail with postage prepaid, addressed to the displaced Tenant at the address furnished to the Landlord as provided in this subsection, and shall describe the terms of the offer. The displaced Tenant shall have 30 days from the deposit of the offer in the mail to accept the offer by personal delivery of that acceptance or by deposit of the acceptance in the United States mail by registered or certified mail with postage prepaid.
(B) Re-Rental of Units within Five Years
(1) For all tenancies commenced during the time periods described below, the Rental Unit shall be offered and rented or leased at the lawful Rent in effect at the time any notice of intent to withdraw the Rental Unit is filed with the Town Manager, plus annual adjustments available under section 5.55.080 of this Code. (2) The provisions of paragraph (1) shall apply to all tenancies commenced during either of the following time periods:
(a) The five-year period after any notice of intent to withdraw the Rental Unit is filed with the Town Manager, whether or not the notice of intent is rescinded or the withdrawal of the Rental Unit is completed pursuant to the notice of intent.
(b) The five-year period after the Rental Unit is withdrawn. (3) This subsection shall prevail over any conflicting provision of law authorizing the Landlord to establish the rental rate upon the initial hiring of the Rental Unit.
(C) Re-Rental of Rental Units Within Five Years A Landlord who offers a Rental Unit again for Rent or lease within 5 years from the date on which it is withdrawn, and which is subject to this subsection, shall first offer the unit to the Tenant displaced from the unit by the withdrawal, if that Tenant requests the offer in writing within 30 days after the Landlord has notified the Town of an intention to offer the Rental Unit again for residential Rent or lease. The Landlord of the Rental Unit shall be liable to any Tenant who was displaced by that action for failure to comply with this paragraph, for punitive damages in an amount which does not exceed the contract Rent for six months, and the payment of which shall not be construed to extinguish the Landlord’s obligation to comply with this subsection.
(D) Demolition Restrictions. If the Rental Unit(s) are demolished, and new Rental Unit(s) are constructed on the same property, and offered for Rent or lease within four years of the date the Rental Unit(s) were withdrawn from Rent or lease, the newly constructed Rental Unit(s) shall be subject to the system of regulation established in section 5.55.080 at which they would be offered on the basis of a fair and reasonable San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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17 return on the newly constructed Rental Unit, notwithstanding any exemption from the system of regulations for newly constructed Rental Unit. (E) Applicability to Successors in Interest. This section shall apply to all successors in interest of a Landlord who has withdrawn Rental Units from Rent or lease. The Town Manager shall record a notice with the county recorder which shall specifically describe the real property where the Rental Unit is located, the dates applicable to the constraints and the name of the Landlord of record of the real property.

The notice shall be indexed in the grantor-grantee index. (F) A person who acquires title to the real property subsequent to the date upon which the Rental Unit thereon have been withdrawn from Rent or lease, as a bona fide purchaser for value, shall not be a successor in interest for the purposes of this Chapter if the notice prescribed by this section has not been recorded with the county recorder at least one day before the transfer of title. (G) Notice of Withdrawal. A Landlord who seeks to demolish or withdraw a Rental Unit from the rental market under section 5.54.030(C)(7) must provide the Town Manager with a notice, that states, under penalty of perjury:
(1) The number of Rental Units withdrawn;
(2) The address or location of those Rental Units;
(3) The name or names of the Tenants of the Rental Units; and (4) The lawful Rent applicable to each Rental Unit.
(H) The name or names of the Tenants, the Rent applicable to any residential Rental Unit, and the total number of Rental Units, is confidential information and for purposes of this Chapter shall be treated as confidential information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with section 1798) of Title

1.8 of Part 4 of Division 3 of the Civil Code).
(I) The Landlord must record with the county recorder a memorandum summarizing the provisions, other than the confidential provisions, of the notice in a form which shall be prescribed by the Town Manager, and will require a certification with that notice that actions have been initiated as required by law to terminate any existing tenancies.
(J) The Landlord must notify the Town Manager in writing of the intention to re-offer the Rental Unit for Rent or lease.
(K) The date on which the Rental Unit is withdrawn from Rent or lease for purposes of this Chapter is 120 days from the delivery in person or by first-class mail of the notice of withdrawal to the Town Manager. However, if the Tenant is at least 62 San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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18 years of age or Disabled, and has lived in their Rental Unit for at least one year prior to the date of delivery of the notice of intent to withdraw, then the date of withdrawal of the Rental Unit of that Tenant shall be extended to one year after the date of delivery of that notice, provided that the Tenant gives written notice of their entitlement to an extension to the Landlord within 60 days of the date of delivery of the notice of intent to withdraw. (L) Extension of Tenancy for Elderly or Disabled Tenants. If a Tenant notifies a Landlord in writing within 60 days of the Town Manager receiving the notice of intent to withdraw the Rental Unit, the following provisions shall apply:
(1) The tenancy shall be continued on the same terms and conditions as existed on the date of delivery to the Town Manager of the notice of intent to withdraw, subject to any adjustments otherwise available under this Chapter. (2) No party shall be relieved of the duty to perform any obligation under the lease or rental agreement.
(3) The Landlord may elect to extend the tenancy on any other Rental Unit within the rental Property up to one year after date of delivery of the notice of intent to withdraw, subject to paragraphs (1) and (2) of this subsection. (4) Within 30 days of the notification by the Tenant to the Landlord of their entitlement to an extension, the Landlord shall give written notice to the Town Manager of the claim that the Tenant is entitled to stay in their Rental Unit for one year after date of delivery of the notice of intent to withdraw. (5) Within 90 days of date of delivery to the Town Manager of the notice of intent to withdraw, the Landlord shall give written notice of the Landlord’s election to extend a tenancy under paragraph (3) and the revised date of withdrawal to the Town Manager and any Tenant whose tenancy is extended. (6) The date of withdrawal for the Rental Unit as a whole, for purposes of calculating any time-periods in this Chapter, shall be the latest termination date among all Tenants within the Rental Unit, as stated in the notices required by paragraphs (4) and (5). A Landlord’s further voluntary extension of a tenancy beyond the date stated in the notices required by paragraphs (4) and (5) shall not extend the date of withdrawal.
(M) The Landlord must notify any Tenant displaced pursuant to subsection

5.54.030(C)(7) of the following:
(1) That the Town Manager has been notified pursuant to subsection

5.54.060(G).
(2) That the notice to the Town Manager specified the name and the amount of Rent paid by the Tenant as an occupant of the Rental Unit.

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19 (3) The amount of Rent the Landlord specified in the notice. (4) Notice to the Tenant of their rights under this subsection. (5) Notice to the Tenant of the following:
(a) If the Tenant is at least 62 years of age or Disabled, and has lived in their Rental Unit for at least one year prior to the date of delivery to the Town Manager of the notice of intent to withdraw, then tenancy shall be extended to one year after date of delivery to the Town Manager of the notice of intent to withdraw, provided that the Tenant gives written notice of their entitlement to the Landlord within 60 days of date of delivery to the Town Manager of the notice of intent to withdraw. (b) The extended tenancy shall be continued on the same terms and conditions as existed on date of delivery to the Town Manager of the notice of intent to withdraw, subject to any adjustments otherwise available under section 5.55.080 of this Code.
(c) No party shall be relieved of the duty to perform any obligation under the lease or Rental Agreement during the extended tenancy. (N) Not later than the last day of the third and sixth calendar months following the month in which notice is given to the Town Manager, and thereafter not later than December 31 of each calendar year for a period of two years, beginning with the year in which the six-month notice is given, the Landlord of any Property which contains or formerly contained one or more Rental Units which a Tenant or Tenants vacated pursuant to section 5.54.030(C)(7) shall notify the Town Manager, in writing, under penalty of perjury, for each such Rental Unit:
(1) Whether the Rental Unit has been demolished;
(2) If the Rental Unit has not been demolished, whether it is in use; (3) If the Rental Unit is in use, whether that use is residential; (4) If the Rental Unit is in residential use, the date the tenancy began, the name of the Tenant(s), and the amount of Rent charged. (O) If a Rental Unit has been demolished, and one or more new units constructed on the lot, the Landlord shall furnish the information required by items (M)(2), (3) and (4), above, for each new unit. The Town Manager shall maintain a record of the notices received under this section and all notices received under this section for each Rental Unit withdrawn from the rental market pursuant to section 5.54.030(C)(7).

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20 (P) The Town Manager shall notify each person who is reported as having become a Tenant in a vacated or new Rental Unit subject to the reporting requirements of subsection 5.54.060(N) that it maintains the records described in subsection

5.54.060(M), and that the Rent of the Rental Unit may be restricted pursuant to this Chapter.
(Q) The Town Manager shall maintain a register of all Rental Units withdrawn from Rent or lease under section 5.54.030(C)(7) and the Rent applicable to each unit at the time of withdrawal. The Town Manager shall inform Tenants displaced from units withdrawn from Rent or lease at the address provided by the Tenant, when the Landlord notifies the Town Manager that the Rental Unit or replacement unit will again be offered for Rent or lease within two years of the date of withdrawal. (R) The Town Manager may investigate whether a Rental Unit that was withdrawn from Rent or lease has been again offered for Rent or lease, and whether the Landlord has complied with the provisions of this section.

5.54.070 REMEDIES.

Affirmative Defense. A Landlord’s failure to comply with this Chapter, including but not limited to the identification of an applicable cause for termination described in section 5.54.030 and delivery of a completed notice of termination in accordance with the same, shall be an affirmative defense to an unlawful detainer action by Landlord. (B) Civil Liability. Whenever a Landlord attempts to prevent a Tenant from acquiring any rights under this Chapter, retaliates against a Tenant for the exercise of any rights under this Chapter, or engages in activities prohibited under this Chapter, the Tenant may institute a civil proceeding for money damages or injunctive relief, or both.

This section creates a private right of action to enforce all terms, rights, and obligations under this Chapter. Whoever is found to have violated this Chapter shall be subject to appropriate injunctive relief and shall be liable for damages, costs, and reasonable attorneys’ fees, and whatever other relief the court deems appropriate. In the case of an award of damages, said award may be trebled if the trier of fact finds that the Landlord acted in knowing violation, reckless disregard, or otherwise willfully failed to comply with this Chapter. The court may award the defendant attorney’s fees and costs as the prevailing party in cases where plaintiff’s claim is deemed unreasonable, frivolous, meritless, or vexatious.
(C) Civil Actions to Determine Liability. Any Tenant may bring a civil action to determine the applicability of this Chapter to the tenancy. (D) Other Private Rights of Action. Nothing herein shall be deemed to interfere with the right of a Landlord to file an action against a Tenant or non-tenant third party for the damage done to said Landlord’s property. Nothing herein is intended to limit the damages recoverable by any party through a private action.” San Anselmo Item #: 4.1 ATTACHMENT 2 3.4- Attachment 4
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21 SECTION 3. Compliance with CEQA. The Town Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of the Ordinance may have a significant effect on the environment, in that this ordinance applies residential tenant protection to existing residential units in the Town of Fairfax, which is solely an administrative process resulting in no physical changes to the environment. Accordingly, this ordinance contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The Town Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Implementation Date. The provisions of the Chapter shall not be implemented by the Town of Fairfax until such time as sufficient agreements for implementation support, including, but not limited to, staffing, hearings, software and outreach, have been approved by the Town Council. Upon approval of said support agreements, the Town Council will set an implementation date by resolution.

SECTION 6. Effective Date and Posting. This Ordinance shall be effective 30 days following its adoption by the Town Council. Copies of this Ordinance shall, within fifteen days after its passage and adoption, be posted in three public places in the Town of Fairfax, to wit: 1. Bulletin Board, Town Hall Offices; Bulletin Board, Fairfax Post Office; and 3. Bulletin Board, Fairfax Women’s Club.

The foregoing Ordinance was introduced at a special meeting of the Town Council on the 11th day of October, 2022, and duly adopted at the next regular meeting of the Town Council on the 2nd day of November, 2022, by the following vote, to wit:

AYES: ACKERMAN, CUTRANO, GODDARD, HELLMAN
NOES: COLER
ABSENT: None
ABSTAIN: None
/s/

Stephanie Hellman, Mayor
/s/ 11-04-22
Attest:

Michele Gardner, Town Clerk Date
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ORDINANCE NO. 925

AN ORDINANCE OF THE CITY OF BELL GARDENS CALIFORNIA
ADDING CHAPTER 5.62 "RENT STABILIZATION" AND CHAPTER 5.63 "TENANT EVICTION PROTECTIONS" TO TITLE 5 OF THE BELL

GARDENS MUNICIPAL CODE RESTRICTING RENT INCREASES AND

ESTABLISHING EVICTION PROTECTIONS AND OTHER

REGULATIONS APPLICABLE TO CERTAIN COVERED RESIDENTIAL

RENTAL UNITS IN THE CITY
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, in response to community concern about rising rents and the need for greater tenant protections, at the City Council meeting of April 8, 2019, the City Council of the City of Bell Gardens ("City Council") formed an Ad Hoc Committee ("Committee") to study the issue of rent control, engage in community outreach and consider the potential development of a rent stabilization and tenant eviction protection ordinance; and WHEREAS, on January 1, 2020, the California Tenant Protection Act of 2019 (the "Act") went into effect. Among other provisions, the Act requires just cause evictions and limits rent increases for rental properties subject to the Act to five percent plus -the I percentage change in the consumer price index up to a maximum of 10% (Civil Code Section 1947.12); and
WHEREAS, as of March of 2020, to mitigate the impact of the Coronavirus 2019 ("COVID-19") pandemic the State of California Legislature and County of Los Angeles Board of Supervisors implemented urgency measures to protect tenants from evictions and limit rent increases on residential properties. Because of these temporary measures, the City paused its efforts to consider a local rent control program within the City.

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WHEREAS, on February 22, 2021, at the regular City Council meeting, City Council appointed additional members to the Committee and directed staff to resume its directive to explore a permanent rent control program.

WHEREAS, between June of 2021 and March of 2022 the Committee met on several occasions to explore and discuss the issue. The Committee also held two community workshops on January 13, 2022, and March 12, 2022; and WHEREAS, on April 11, 2022, City staff provided an update to the City Council on the Committee's efforts and the City Council directed staff to prepare a rent stabilization and tenant eviction protection ordinance with input from the Committee for future consideration by the City Council; and
WHEREAS, on April 25, 2022, the City Council adopted Urgency Ordinance No. 922-U to temporarily restrict rent increases for certain residential properties while the City further considers and develops a rent stabilization and tenant eviction protection ordinance; and
WHEREAS, on July 11, 2022, the City Council adopted Urgency Ordinance No. 924-U extending the temporary rent freeze for covered units to allow more time to gather input from key stakeholders and finalize a permanent rent stabilization and tenant eviction protection ordinance for City Council consideration; and WHEREAS, rents in the City and throughout Los Angeles County continue to rise, and although the City has lower rents relative to surrounding communities, many local residents, particularly low-income households, struggle with paying for rising housing costs and meeting other basic needs such as food, transportation and health care; and WHEREAS, in the City of Bell Gardens, 77.8% of households are renters and approximately 88% of renter households fall within the low, very low, or extremely low income category, according to the City's Housing Element 2021-2029 ("Housing Element"). The Housing Element also indicates that 62% of renter-occupied households 2 of 48
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in the City are cost burdened, paying more than 30% of gross income on housing; and 31 % are severely cost burdened, paying more than half of gross income on housing; and WHEREAS, the effect of high rents coupled with low incomes, critical shortages of affordable rental housing, and rapidly rising costs for other basic necessities leaves residents vulnerable to economic hardship, housing insecurity and displacement, threatening the public health, safety and welfare of a substantial number of City residents; and
WHEREAS, the Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq., ("Costa-Hawkins Act") limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent control to certain residential rental properties. This Ordinance intends to comply with the Costa-Hawkins Act and all other applicable state laws; and
WHEREAS, the protections provided in this Ordinance are more restrictive, or provide greater benefits than those set forth in California Civil Code section 1946.2 in that this Ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings. The Recitals above are true and correct and incorporated herein by reference.

SECTION 2. Chapter 5.62 of Title 5 of the Bell Gardens Municipal Code is hereby added to read as follows:

Sections:

Chapter 5.62

RENT STABILIZATION
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5.62.010

5.62.020

5.62.030

5.62.040

5.62.050

5.62.060

5.62.070

5.62.080

5.62.090

5.62.100

5.62.110

5.62.120

5.62.130

5.62.140

5.62.150

5.62.160
Purpose and Applicability
Definitions
Exemptions
Permitted Rent Increases for Covered Rental Units
Permitted Rent Increases for Below Market Rents
Capital Improvement Pass-Through Cost Recovery
Petition for Rent Adjustment
Security Deposits
Rental Unit Registration
Notices to Tenants
Enforcement
Administrative Review and Appeals
Administrative Citations
Remedies
Waiver
Severability

5.62.010. Purpose and Applicability.

A. The purposes of this Chapter are to protect tenants from excessive rent increases and to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their rental property.

B. This Chapter shall apply to all Rental Units within the jurisdictional boundaries of the City, unless otherwise exempted by State law or the provisions of this Chapter.

C. This Chapter regulates rents for certain tenancies. It requires landlords to register rental units, establishes an administrative petition process, and provides for procedures and guidelines for the implementation of this Chapter.

5.62.020. Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply:
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A. "Base Rent'' means the Rent charged for a Rental Unit in effect on April 11, 2022, when the City Council declared its intent to regulate rent for residential properties in the City, or at the initiation of the Tenancy, whichever is later, plus any rent increase allowed thereafter pursuant to this Chapter.

B. "Capital Improvement" means the addition, substantial repair or replacement of any improvements to dwelling units, buildings, or common areas, which materially adds to the value of the property, appreciably prolongs its useful life or adapts it to new uses, provided such improvement has a useful life expectancy of more than one (1) year and which is the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations or similar improvements as determined by the Department. Capital Improvement does not include normal or routine maintenance or repair or repairs covered by insurance.

C. "City11 means the City of Bell Gardens.

D. "Code" means the City of Bell Gardens Municipal Code.

E. "Comparable Unit" means Rental Units that have approximately the same living space and the same or similar number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services.

F. "Consumer Price Index" or "CPI" means the Consumer Price Index for all urban consumers of the Los Angeles-Long Beach-Anaheim, California area, published by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor designation of that index that may later be adopted by the U.S. Department of Labor.

G. "Covered Rental Unit'' means any Rental Unit that is not designated as exempt pursuant to Section 5.62.030 of this Chapter.

H. "Department" means the Community Development Department of the City of Bell Gardens, or other Department designated by the City Council to administer the provisions of this Chapter.

I. "Director'' means the Director of Community Development of the City of Bell Gardens, or their designee.
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J. "Hearing Officer" means the person designated by the City Manager or designee to conduct a review hearing and decide petitions and appeals under this Chapter.

K. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building or residential complex in which a Rental Unit is contained.

L. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing. "Landlord" includes a Mobilehome Park and its agent, representative, or successor.

M. "Mobilehome" means any mobilehome as defined under California Civil Code Section 798.3.

N. "Mobilehome Park" means an area of land located where two or more Mobilehome spaces are rented or leased out for Mobilehomes used as residences.

0. "Rent" means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit, including Tenant's access to and use of Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. Rent does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to this Chapter.
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P. "Rental Agreement" means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related Housing Services.

Q. "Rental Unit" means any dwelling unit, as defined under California Civil Code section 1940 subsection (c) located in the jurisdictional boundaries of the City of Bell Gardens and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including Mobilehomes rented by the owner of the Mobilehome, and accessory dwelling units. "Rental Unit" also means a Mobilehome Park space located in the jurisdictional boundaries of the City of Bell Gardens.

R. "Residential Real Property" includes any parcel of land containing one or more dwelling units intended for human habitation.

S. "Service Reduction" means any decrease or diminution in the level of Housing Services provided by the Landlord on or after the effective date of this Chapter, including but not limited to, services the Landlord is required to provide pursuant to:

1. California Civil Code section 1941 et. seq.;

2. The Landlord's implied warranty of habitability, which cannot be contractually excluded or waived;

3. A Rental Agreement between the Landlord and the Tenant; and

4. The level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Landlord at the time of execution of the Rental Agreement with the Landlord.

T. "Tenancy" means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.

U. "Tenant'' means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.

5.62.030. Exemptions.
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A. This Chapter shall not apply to any Rental Unit expressly exempt pursuant to any provision of State or federal law, with the exception of the requirements of Section

5.62.090.

B. The following are specifically exempt from the provisions of this Chapter:

1. Any dwelling unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995.

2. Any dwelling unit that is alienable separate from the title to any other dwelling unit, including single family residences, condominiums and town homes, but excluding Mobilehomes offered for rent by the owner of the Mobilehome, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5 (b), (d) or (f).

3. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 50093 or comparable federal statutes, but excluding any dwelling unit for which a Landlord receives federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 line 9 (42 U.S.C. Sec. 1437f).

4. Owner-occupied residential real property containing no more than three (3) rental units in which the owner occupied one of the units as the owner's principal place of residence since the beginning of the tenancy, so long as the owner continues in occupancy. For purposes of this subsection:
a. The term "owner'' means a natural person who owns at least a 25% ownership interest in the residential real property.
b. An exemption under this subsection shall expire by operation of law when the owner ceases to reside on the property as their principal place of residence.
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5. Accommodations in hotels, motels, inns, tourist homes and boarding houses, and rooming houses, or other facilities, for which the City has received or is entitled to receive payment of transient occupancy tax pursuant to Chapter 3.24 of the Code (Transient Occupancy Tax) and California Civil Code section 1940 subdivision (b).

6. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly (as defined in Health and Safety Code Section 159.2), or any other facility licensed by the State to provide medical care for residents.

C. Exemptions are not automatic but shall be granted by the Department upon application by the Landlord as set forth in Section 5.62.090.

5.62.040. Permitted Rent Increases for Covered Rental Units.

A. A Landlord shall not increase the Rent for a Covered Rental Unit by more than fifty percent (50%) of the change in CPI, or four percent (4%), whichever is lower.

For purposes of this Section, "change in CPI" means the percentage change in the Consumer Price Index over the previous 12-month period ending in April of each year.

B. A Landlord shall not impose more than one (1) Rent increase for a Covered Rental Unit in any 12-month period, calculated from the date the Rent increase takes effect, unless otherwise permitted pursuant to this Chapter.

C. Commencing ten (10) days after the effective date of this Chapter and no later than September 30 of each subsequent year, the Department shall announce the maximum allowable annual Rent increase _effective as of November 1 of that year, in accordance with the Department's procedures and guidelines.

D. A Landlord may impose an annual Rent increase for any Covered Rental Unit, as allowed in this Section, only after providing at least thirty (30) days written notice to the Tenant of the Rent increase pursuant to California Civil Code section 827.

E. A Landlord may impose an annual Rent increase only upon registering the Rental Unit with the City and paying any required annual registration fees pursuant to 9 of 48
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Section 5.62.090, and maintaining compliance with State and local laws and requirements.

F. A Landlord who does not impose an annual Rent increase or a portion of the permitted annual Rent increase waives that annual Rent increase or the remaining portion of that permitted annual Rent increase for the remainder of the Tenancy. A Landlord shall not bank any waived or unused permitted annual Rent increases for use in future years.

G. This Chapter does not supersede a Landlord's right to set the initial Rent for new tenancies under State law.

H. A Tenant of a Covered Rental Unit subject to this Section shall not enter into a sublease that results in a total Rent for the Rental Unit that exceeds the allowable Rent authorized by this Section. Nothing in this Section authorizes a Tenant to sublet or assign the Tenant's interest where otherwise prohibited I. A Tenant may refuse to pay a Rent increase which is in violation of this Chapter.

Such refusal to pay the unallowed increased amount in excess of permitted Rent charges shall be an affirmative defense in any action brought to recover possession of a Rental Unit or to collect the Rent increase owed.

5.62.050. Permitted Rent Increases for Below Fair Market Rent.

A. If the Landlord of a residential real property charges an existing Tenant Rent for a Covered Rental Unit that is less than 80% of Fair Market Rent for a Comparable Unit, upon approval of the Department, a Landlord may increase the Rent, in addition to the annual Rent increase allowed under Section 5.62.040, by an amount not to exceed three percent (3%) subject to the following:

1. The Department shall only approve adjustments to Rent increases under this subsection until the Rent equals or exceeds 80% of Fair Market Rent for a Comparable Unit.

2. The U.S. Department of Housing and Urban Development's Office of Policy Development and Research's (HUD PD&R) then most recently published Small Area Fair Market Rents (SAFMRs) calculated for the 10 of 48
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Bell Gardens Zip Code shall be used for determining Fair Market Rent.

In the event HUD PD&R ceases publishing such Small Area Fair Market Rent, the City Council, by resolution, may identify an alternative source of Fair Market Rent.

3. The Landlord files an application with the Department to request approval for a permitted below market rent increase in accordance with the Department's procedures and guidelines.

4. A Landlord may not increase the Rent under this Section until the Department approves the Landlord's application and the Landlord registers each affected Rental Unit pursuant to Section 5.62.090. Only one additional Rent increase may be approved in any 12-month period.

5. The Landlord shall provide Tenants with written notice of the Rent increase authorized by the Department.

6. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

5.62.060. Capital Improvements Pass-Through Cost Recovery.

A. A Landlord may pass-through 50% of Capital Improvement costs to existing Tenants in Covered Rental Units in accordance with the provision of this Section.

B. Capital Improvements must be for the primary benefit, use and enjoyment of Tenants, cost-factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile and appropriate to the use of the rental property.

C. Capital Improvements eligible for pass-through cost recovery include, but are not limited to:

1. The addition, but not the replacement, of the following improvements to a Rental Unit or common areas of the building in which the Rental Unit is located: air conditioning, security gates and other security items, swimming pool, sauna or hot tub, fencing, children's play equipment permanently 11 of 48
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installed on the premises, and other similar improvements as determined by the Department.

2. Replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit pursuant to State or local law.

3. Abatement of hazardous materials, such as lead-based paint, mold or asbestos, in accordance with applicable federal, State, and local laws.

D. Capital Improvements cannot include regular maintenance or repairs from wear and tear, or be the result of a Landlord's failure to perform regular maintenance and repairs, or repairs covered by insurance.

E. Application Process.

1. A Landlord must apply to the Department for recovery of Capital Improvement costs, on a form approved by the Department, within one hundred eighty (180) days of completion of the Capital Improvement.

2. The pass-through application must contain the following information, and be accompanied by copies of relevant supporting documentation:
a. A description of the completed Capital Improvement;
b. A copy of all estimates, contracts, bills, invoices, and other documentation reasonably necessary to establish the cost of the Capital Improvement;
c. The proposed amortization period to be used based on the Department's procedures and guidelines, if the period differs from 60 months;
d. A list of Tenants that will be affected by or benefit from the Capital Improvement;
e. The formula used to calculate the pro rata share of each Tenant; f. The monthly cost to each affected or benefiting Tenant; g. The commencement and completion dates of the Capital Improvement; and
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3. Within five (5) calendar days after submission of the application with the Department, the Landlord shall serve each affected Tenant with notice of the application via personal service or certified mail return receipt requested. The notice must include a copy of the application.

4. Within ten (10) calendar days after submission of the application, the Landlord shall file with the Department a proof of service signed under penalty of perjury stating that a copy of the application was served upon the affected Tenant. Such proof of notice is required before the application will be reviewed by the Department.

F. Landlord may not pass-through costs of Capital Improvements to Tenants until the Department approves the Landlord's application and the Landlord registers each affected Rental Unit pursuant to Section 5.62.090.

G. No pass-through cost-recovery shall be approved in an amount that would exceed five percent (5%) of the Rent in effect at the time the pass-through application is filed with the Department. If the total amount of calculated pass-through costs would result in an increase that exceeds five percent (5%), the pass-through cost amortization period may be extended beyond the established amortization period to allow the Landlord to recover eligible Capital Improvement costs while not exceeding the maximum increase authorized by this subsection.

H. A Landlord shall provide written notice of an approved pass-through cost to Tenants in accordance with California Civil Code section 827 and the notice shall be delivered at least thirty (30) days before the approved pass-through cost takes effect.

I. The approved pass-through cost should appear as a separate line item on a Rent statement along with the end date of the amortization period and any remaining pass-through balance. An approved pass-through cost is not considered Rent for purposes of this Chapter.

J. Pass-through cost recovery applications will be considered and determined by the Director in accordance with guidelines and procedures established by the 13 of 48
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Department; and the Director's determination may be appealed to a Hearing Officer in accordance with the procedures set forth in Section 5.62.120.

5.62.070. Petition for Rent Adjustment.

A. Landlord's Application for Rent Increase. A Landlord may file an application with the Department to request an increase in Rent for a Covered Rental Unit in excess of that which is permitted under Sections 5.52.040 and 5.62.050 to in good faith ensure a fair and reasonable return on the Landlord's investment.

1. Presumption. It shall be a rebuttable presumption that the annual net operating income earned by a Landlord, and Rent increases allowed under Sections 5.62.040 and 5.62.050, provide the Landlord with a fair and reasonable return on their investment. A Landlord shall have the burden to prove the necessity of any additional Rent increase necessary to earn a fair and reasonable return.

2. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

3. Approval of the Landlord's application for Rent increase may become effective only after all of the following:
a. A Landlord has provided written notice to the Tenant of the approved Rent increase for the Covered Rental Unit in accordance with California Civil Code section 827; and
b. A Landlord has registered each Rental Unit in the rental property, and is current on payment of registration fees, pursuant to Section

5.62.090.

4. Review and Approval of Application for Rent Increase. a. The Department shall consider the following factors, as well as any other relevant factors, in reviewing the application and making its determination, and no one (1) factor shall be determinative. i. Changes in the CPI.
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ii. The rental history of the affected Covered Rental Unit(s) and the rental property, including the Base Rent and pattern of past Rent increases or decreases;
iii. The Landlord's income and expenses as they relate to the rental property.
iv. Increases or decreases in property taxes.
v. The history or any prior hearings or determinations on an application for Rent increase by Landlord.
vi. The addition of Capital Improvements on the rental property. vii. The physical condition of the affected Covered Rental Unit(s) and building, including the quantity and quality of
maintenance and repairs performed during the preceding
twelve (12) months, as well as the long-term patterns of operating, maintenance, and Capital Improvement
expenditures.
viii. The need for repairs caused by circumstances other than ordinary wear and tear.
ix. Any increase or decrease of Housing Services since the last Rent increase.
x. Any existing Rental Agreement lawfully entered into between the Landlord and the Tenant.
xi. A decrease in net operating income.
xii. A fair and reasonable return on the building prorated among the Rental Units in the building.
xiii. If Landlord received Rent in violation of this Chapter or has otherwise failed to comply with this Chapter.
b. The Director may approve or deny an application for Rent increase beyond that which is permitted under Section 5.62.040 and 5.62.050 and make the following determinations, with written findings in support thereof, in compliance the provisions of this Chapter:
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i. The Department determines the Rent increase in the amount requested by Landlord is necessary and appropriate to ensure the Landlord receives a fair and reasonable return on the Landlord's investment, and will not cause an undue financial burden on the affected Tenant.
ii. The Department determines a lesser Rent increase than the amount requested by Landlord more appropriately ensures a fair and reasonable return on the Landlord's investment and will not cause an undue financial burden on the affected Tenant.
iii. The Department determines no additional Rent increase is necessary and appropriate to ensure the Landlord receives a fair and reasonable return on the Landlord's investment. c. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

5. Notices Upon Filing Application for Rent Increase. Within five (5) calendar days after submission of an application for Rent increase with the Department, the Landlord, attheir own expense, shall provide written notice of said application to each affected Tenant via personal service or certified mail return receipt requested.

B. Tenant Application for Adjustment. A Tenant of a Covered Rental Unit may file an application for Rent adjustment with the Department for its determination in order to in good faith ensure the Tenant receives any adjustment they may be entitled to because of a Landlord's potential violation(s) of this Chapter. A Tenant must file such application for Rent adjustment within one hundred eighty (180) days from the date the Tenant knew, or reasonably should have known, of the Landlord's potential violation(s).

1. Unlawful Rent and/or Fees or Charges. A Tenant may file an application for adjustment with the Department due to a Landlord's demand for Rent, fees, 16 of 48
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or charges that may be in excess of that permitted for a Covered Rental Unit.

2. Failure to Maintain Habitable Premises. A Tenant may file an application for adjustment with the Department to request a refund of, or decrease in, Rent proportional to a Landlord's potential failure to maintain the Covered Rental Unit as a habitable premise in accordance with applicable laws or the Rental Agreement.
a. A Landlord shall not be liable to a Tenant for failure to maintain habitable premises if the Tenant caused the condition that is the subject of the application.

3. Decrease in Housing Services. A Tenant may file an application for adjustment with the Department for a Service Reduction in Housing Services, without a corresponding reduction in Rent, which may be considered an increase in excess of permitted Rent.

4. Prior to filing an application for adjustment with the Department, a Tenant shall provide the Landlord all of the following:
a. Written notice identifying the potential violation(s) of excess Rent, fees or charges, failure to maintain habitable premises and/or decrease in housing services; and
b. A reasonable opportunity for the Landlord to correct the issues.

5. Review and Determination of Application for Adjustment. The Department shall consider the following factors, as well as any other relevant factors, in making its determination and no one (1) factor shall be determinative. a. Increases or decreases in Rent or Housing Services since the effective date of this Chapter,
b. The pattern of recent Rent or Housing Service increases or decreases.
c. Whether the Landlord has received payment in excess of the maximum allowable Rent, fees, or charges permitted by this Chapter or has otherwise failed to comply with this Chapter.
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d. When and how the Service Reduction was first identified by the Tenant and when and how the Landlord was notified of the alleged Service Reduction, orally, or in writing, and Landlord's response to such notice and whether Housing Services were reinstated or restored by the Landlord, and if so, when and how.
e. Whether any habitability violations stated by the Tenant in the application was improved or corrected, and if so, when and how. f. The status of the habitability issues as of the date the application is signed.

6. Notice upon Filing Application for Adjustment. Within five (5) calendar days after submission of an application for adjustment with the Department, the Tenant shall provide written notice of said application to the Landlord via personal service or certified mail return receipt requested.

C. Application Submittal to Department for Rent Increase or Adjustment. Upon receipt of an application, the Department shall review and evaluate whether there should be a Rent increase or adjustment in accordance with this Section and the Department's procedures and guidelines.

1. The application shall be on a form approved by the Department, signed under penalty of perjury, and must be accompanied by an application fee, if any, and must include the following:
a. The specific Rent increase or adjustment requested; and b. Copies of any books, records, papers, or other financial information relevant to the review of the application; and
c. Other documentation reasonably required by the Department relevant to the application.

2. Application Fees. The Department may set a reasonable application fee to be paid by the applicant at the time of the filing based on the administrative expenses incurred in reviewing and processing the application.

3. The Department shall have the authority to deem an application complete. 18 of 48
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D. Right of Assistance. All parties to an application for Rent adjustment may seek assistance from attorneys or any other person designated by said parties.

E. Consolidation. Applications for Rent adjustment pertaining to Tenants in the same building or rental property may be consolidated for determination at the election of the Department.

5.62.080. Security Deposit.

A. Unless otherwise prohibited by State law or the terms of a written rental agreement, a Landlord may increase a Tenant's security deposit for a Covered Rental Unit at the same time the Landlord seeks to increase the Rent under sections 5.62.040. Any increase in the security deposit shall be clearly stated in the written notice of the annual rent increase and shall not exceed the maximum amount authorized by State law.

8. As used in this Section, security deposit means any "security" as defined in California Civil Code section 1950.5.

5.62.090. Rental Unit Registration.

A. On or before September 30, 2023, and on or before September 30 of each subsequent year, a Landlord must register with the Department each Rental Unit that is rented or available for Rent for a term exceeding thirty (30) consecutive days by filing a rental registration in a form approved by the Department. After initial Rental Unit registration, a Landlord shall notify the Department and update the rental registration within thirty (30) days of the start of a new tenancy or any subsequent change in tenancy or ownership.

8. Registration must include, but is not limited to, the following information:

1. Property information, including address, year built and certificate of occupancy date.

2. Rent for each Rental Unit in the rental property at the time of registration and the date and amount of the last Rent increase.

3. Ownership information for the rental property.
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4. The number of total Rental Units in the rental property.

5. The number of bedrooms and bathrooms for each Rental Unit

6. Tenant information, including names and move-in dates.

7. A description of Housing Services.

8. Any additional information reasonably required by the Department to implement this Chapter.

C. Registration Fee. A Landlord must pay an annual registration fee for each Rental Unit registered on or after September 30, 2023. The registration fee shall be established by resolution of the City Council. Such fees are intended to recover the City's reasonable costs to implement, administer and enforce its rent stabilization and eviction protection regulations as set forth in Chapters 5.62 and Chapter 5.63 of the Code. The registration fee established by this subsection shall be waived for any Rental Unit in an owner-occupied residential real property containing no more than four (4) dwelling units in which the owner occupies one of the units as the owner's principal place of residence, so long as the owner continues in occupancy. For purposes of this subsection:

1. The term "owner" means a natural person who owns at least a 25% ownership interest in the residential real property.

2. A waiver under this subsection shall expire by operation of law when the owner ceases to reside on the property as their principal place of residence.

D. Registration Fee Pass-Through. A Landlord may recover fifty percent (50%) of a registration fee from the Tenant. A Landlord may only collect one annual registration fee pass-through cost at a time and must also meet the following requirements to pass-through this registration fee:

1. Timely and accurately submits an annual registration for each Rental Unit in the rental property;

2. Lists the registration fee pass-through cost as a separate line item on the monthly obligation(s) statement;

3. Provides Tenant with thirty (30) days' notice before collecting any registration fee pass-through cost; and
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4. A Tenant's payment to the Landlord for the registration fee pass-through cost is paid in twelve (12) equal, monthly installments, unless otherwise agreed to by the Tenant.

E. Application for Rental Unit Exemption. Any person with an ownership interest in a Rental Unit may claim an exemption from this Chapter by filing with the Department an application of exemption on a form approved by the Department.

5.62.100. Notices to Tenants.

A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of agreeing to rent or lease a Covered Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances.

1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;

2. When renewing a Rental Agreement; and

3. When providing notice of a Rent increase or decrease in a Covered Rental Unit

8. Notice Regarding Potential Pass-Through Costs and Fees. A Landlord shall include language in the Rental Agreement that Tenant may be subject to passthrough costs and fees that have been reviewed and approved by the Department.

C. If the Rental Agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights in English and the language in which the Rental Agreement was negotiated or written.

5.62.110. Enforcement.

A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.

B. The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter. 21 of 48
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5.62.120. Administrative Review and Appeals.

A. Administrative Review.

1. The Department shall review and evaluate applications pursuant to this Chapter and issue a notice of decision in accordance with its procedures and guidelines.

2. The Department may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.

B. Appeal. Any party dissatisfied by the Department's final decision pursuant to this Chapter may request an appeal of the Department's decision to a Hearing Officer, unless otherwise prohibited by this Chapter. The Department's administrative record shall be reviewable by the Hearing Officer.

C. Time Limit. A party must file an appeal in writing before the Department within thirty (30) of the Department's final decision. The Hearing Officer shall have no authority to consider matters not filed within thirty (30) days of the Department's final decision.

D. Filing of Appeals. An appeal shall be filed with the Department, on the prescribed form, along with any accompanying appeal fee, and shall state specifically whether the basis of the appeal is that:

1. The Department's determination or interpretation is not in accord with the purposes of this Chapter;

2. There was an error or abuse of discretion by the Department;

3. The administrative record includes inaccurate information; or

4. The Departmentls decision is not supported by the administrative record.

E. Procedures for Appeals.

1. Hearing Dates. A hearing on a request for appeal will be scheduled before a hearing officer for a date no sooner than fifteen (15) days and no later than sixty (60) days after receipt of the request for appeal, unless the hearing officer determines that good cause exists for an extension of time. 22 of 48
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Upon setting the hearing date, the hearing officer shall send written notice to the appealing party of the date, time and place set for the hearing.

2. Public Hearing. The appeal hearing shall be conducted at a hearing open to the public. At the hearing, the Hearing Officer shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the Department, and any other interested party.

3. Application and Materials. At an appeal hearing, the Hearing Officer shall consider only the administrative record that was the subject of the Department's final decision.

F. Decision and Notice.

1. After the hearing, the Hearing Officer shall either:
a. Affirm, modify, or reverse the Department's decision and specify the reasons for its decision; or
b. Refer the matter back to the Department for further review.

2. Decisions shall be rendered within thirty (30) days of the close of the hearing. If the Hearing Officer fails to act within thirty (30) days of the close of the hearing, the Department's decision shall be deemed affirmed.

G. The Hearing Officer shall mail the Hearing Officer's decision to the parties within ten (10) days after it is rendered.

H. Final decision. The decision of the Hearing Officer shall be final and not subject to further appeal.

I. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a hearing officer pertaining to a request for appeal of a Director's decision under this Chapter, may seek judicial review in the Court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.

5.62.130. Administrative Citations.

A. Administrative Citation. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an 23 of 48
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administrative fine as set in a schedule of fines adopted by resolution by the city council as provided in Chapter 1.16 of the Code.

B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense for which an administrative fine may be imposed. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.

C. Notices of Violation and Administrative Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, the Department may issue notices of violation and administrative fine in accordance with the authority and procedures set forth in Chapter 1.16 of the Code.

D. Administrative Appeals and Judicial Review.

1. Administrative Appeal. Any Landlord or Tenant who receives a notice of administrative fine may request an administrative hearing before a hearing officer in accordance with Chapter 1.16 of the Code.

2. Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance Chapter 1.16 of the Code.

5.62.140. Remedies.

A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous. 24 of 48
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8. Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation.

C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the county jail for a period of not more than six (6) months, or by both.

D. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord's failure to comply with the provisions of this Chapter in any action by a Landlord to recover possession of a Rental Unit.

E. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

F. The above remedies are not exclusive and do not preclude the City or any Tenant from seeking other remedies or penalties provided by applicable law.

5.62.150. Waiver. Any waiver of rights under this Chapter shall be void as contrary to public policy.

5.62.160. Severability. If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.

SECTION 3. Chapter 5.63 of Title 5 of the Bell Gardens Municipal Code is hereby added to read as follows:

Chapter 5.63
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Sections:

5.63.010

5.63.020

5.63.030

5.63.040

5.63.050

5.63.060

5.63.070

5.63.080

5.63.090

5.63.100

5.63.110

5.63.120

TENANT EVICTION PROTECTIONS
Purpose and Applicability
Definitions
Termination of Tenancy
Relocation Assistance
Tenant Buyout Agreements
Retaliatory Eviction and Anti-Harassment
Notices to Tenants
Enforcement
Administrative Citations
Remedies
Waiver
Severability

5.63.010. Purpose and Applicability.

A. The purpose of this Chapter is to reasonably regulate just cause evictions so as to be more protective than Civil Code section 1946.2.

B. This Chapter shall apply to any Tenancy after at least one Tenant has continuously and lawfully occupied a Rental Unit for twelve (12) months or more.

C. This Chapter regulates evictions for certain tenancies. It requires landlords to provide relocation assistance for certain no-fault evictions, prohibits retaliation and harassment, and provides for the implementation and enforcement of this Chapter.

5.63.020. Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply. 26 of 48
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A. "Buyout Agreement" means a written agreement between a Landlord and a Tenant as provided in Section 5.63.050 by which a Tenant, typically in consideration for monetary payment, agrees to vacate a Rental Unit.

B. "City" means the City of Bell Gardens.

C. "Code" means the City of Bell Gardens Municipal Code.

D. "Department" means the Community and Economic Development Department of the City of Bell Gardens, or other Department designated by the City Council to administer the provisions of this Chapter.

E. "Director'' means the Director of the Department, or their designee.

F. "Ellis Act" means California Government Code sections 7060 - 7060.7.

G. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building in which a Rental Unit is contained.

H. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing.

I. "Landlord's Family Member" means a spouse, domestic partner, child, grandchild, parent, or grandparent of a Landlord who is a natural person whose name is on the title of the property.

J. "Mobilehome" means any mobilehome as defined under California Civil Code Section 798.3.
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K. "Mobilehome Park" means an area of land located where two or more Mobilehome spaces are rented or leased out for Mobilehomes used as residences.

L. "Rent" means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit or Mobilehome Park space located in the jurisdictional boundaries of the City of Bell Gardens, including Tenant's access to and use of Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. Rent does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to this Chapter.

M. "Rental Agreement" means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related Housing Services.

N. "Rental Unit" means any dwelling unit, as defined under California Civil Code section 1940 subsection (c) located in the jurisdictional boundaries of the City of Bell Gardens and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including Mobilehomes rented by the owner of the Mobilehome, and accessory dwelling units.
0 . "Residential Real Property" includes any parcel of land containing one or more dwelling units intended for human habitation.

P. "Tenancy" means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.

Q. "Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.

5.63.030. Termination of Tenancy.
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A. No Landlord shall terminate a Tenancy of an occupied Rental Unit after a Tenant has continuously and lawfully occupied the Rental Unit for twelve (12) months or more unless the Landlord can demonstrate either a For Cause or No-Fault termination.

B. When terminating a Tenancy either For Cause or No-Fault, a Landlord must comply with all of the following:

1. The Landlord must serve a written notice to the Tenant in accordance with California Civil Code sections 1946 through 1946.5 that states the Landlord will terminate the Tenancy, indicates at least one For Cause or No-Fault reason for termination in reasonable detail, and includes any other information required by federal or State law; and

2. The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Rental Unit beyond the term of the terminated Tenancy in compliance with California Civil Code sections 1945 through 1946.5; and

3. The Landlord qualifies the termination as For Cause or No-Fault, as specified in this Section; and

4. If the termination is a No Fault termination, the Landlord has provided the Tenant with the notice of relocation assistance required by Section

5.63.040.

5. The Landlord has submitted to the Department, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Landlord's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant. The Landlord shall maintain proof of service to the Department as evidence that the Landlord has complied with this Section.

C. For Cause Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Rental Unit, the termination qualifies as a For Cause Termination.
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1. Failure to Pay Rent. Tenant failed to pay Rent within three (3) days of written notice being served on Tenant by Landlord demanding payment as provided in paragraph (2) of California Code of Civil Procedure Section 1161.

2. Violation of Material Term of Rental Agreement. Tenant has continued to violate a material term of the Rental Agreement as provided in California Code of Civil Procedure section 1161 subdivision (3), after written notice to cease, and did not cure such violation within ten (10) days after receiving written notice from the Landlord of such violation.

3. Waste. A Tenant committed waste as described in California Code of Civil Procedure section 1161 subdivision (4).

4. Nuisance or Illegal Purpose. Tenant has maintained, committed, or permitted the maintenance or commission of a nuisance or used the Rental Unit for an illegal purpose as provided in California Code of Civil Procedure section 1161 subdivision (4) including:
a. Any crime or act of violence committed by a Tenant of a Rental Unit which involves use of a gun or a deadly weapon, or inflicts serious bodily injury and for which a police report has been filed; b. Any threat of violent crime or violence, which includes any statement made by a Tenant, or at the Tenant's request, by the Tenant's agent, to any person who is on the property where the Rental Unit is located, threatening to commit a crime or violence which will result in death or serious bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety; or
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c.Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages the unit beyond normal wear and tear and that condition has not been promptly abated or repaired after written notice to the Tenant from the Landlord and the passage of a reasonable cure period.

It shall be an affirmative defense to an action for possession of a Rental Unit under this Subsection 5.63.030.E.4 if a court determines that: (i) The Tenant or the Tenant's household member is a victim of an act or acts that constitute domestic violence or sexual assault or stalking; and (ii) The notice of For Cause termination is substantially based upon the act or acts constituting domestic violence or sexual assault or stalking against the Tenant or a Tenant's household member, including but not limited to an action for possession based on complaints of noise, disturbances, or repeated presence of police.

5. Failure to Sign Substantially Similar Lease. The Tenant has refused to execute a written extension or renewal of a Rental Agreement upon expiration of a prior Rental Agreement, after written request or demand from the Landlord, but only if the provisions are substantially similar and the additional term is of similar duration to the prior written Rental Agreement, and is consistent with federal, State, and local laws. For purposes of this Subsection, the Landlord's written request or demand must be received no later than sixty (60) days before final day of Tenancy of the prior Rental Agreement.

6. Assignment or Subletting in Violation of Lease. The Tenant has assigned or sublet the Rental Unit in violation of the Rental Agreement, as provided in California Code of Civil Proc;:edure section 1161 (4).

7. Refuse Access. Tenant has continued to refuse, after Landlord has provided a written request, reasonable access to the Rental Unit by the Landlord for the purpose of making necessary repairs or improvements in 31 of 48
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accordance with California Civil Code Sections 1101.5 and 1954 and California Health and Safety Code Sections 13113. 7 and 17926.1.

8. Failure to Vacate After Termination of Employment. Tenant was employed by the Landlord to serve as a resident manager or other employee, was provided with the Rental Unit as part of or as a condition of the employment and the employment has been terminated. This provision shall not apply to any Tenant whose Tenancy in the building or complex housing the Rental Unit commenced prior to assuming managerial responsibilities or whose status as a Tenant commenced prior to their status as a resident manager.

9. Failure to Vacate After Termination of Lease. A Tenant's failure to timely deliver possession of the Rental Unit after: (i) providing the Landlord written notice as provided in Civil Code section 1946 of the Tenant's intention to terminate a lease; or (ii) making a written offer to surrender, that is accepted in writing by the Landlord, but the time specified in that written notice as described in Code of Civil Procedure section 1161 (5) has expired.

D. No-Fault Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Rental Unit, the termination qualifies as a No-Fault termination.

1. A Landlord seeks in good faith to recover possession in order to imminently:
a. Demolish the Rental Unit
b. Withdraw the Rental Unit permanently from rental housing use pursuant to the Ellis Act and other applicable State laws.

2. A Landlord seeks in good faith to recover possession of a Rental Unit for the use and occupancy by Landlord or Landlord's Family Member as the principal residence. Said Rental Unit must be occupied as the principal residence within ninety (90) days of the Tenant household vacating the Rental Unit, and the Rental Unit must continue to be occupied as the principal residence of Landlord or Landlord's Family Member for at least three (3) years, unless extenuating circumstances exist. 32 of 48
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a. If the Rental Agreement was entered into on or after the effective date of this Chapter, this Subsection 5.63.030. D.2 shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the Rental Agreement allows the Landlord to terminate the Rental Agreement if the Landlord, or Landlord's Family Member unilaterally decides to occupy the Rental Unit.
b. A Landlord must provide the Tenant sixty (60) days' written notice that the Landlord intends to terminate the Tenancy.
c. Owner-Occupancy Disclosure.
i. Not less than sixty (60) days prior to the final date of the Tenancy, in addition to any notice required by California Civil Code section 827, the Landlord must disclose to the
Department the name(s) of the eligible individual(s) who will occupy the Rental Unit, and the relationship of said
individual(s) to the Landlord.
ii. The Department may contact Landlord during the three (3) year occupancy time frame to confirm that the Landlord or Landlord's Family Member resides in the recovered Rental Unit(s), and may obtain written verification of residency. d. A Landlord may not terminate a Tenancy under this Section if any of the following apply, unless the Landlord or Landlord's Family Member who will reside in the Dwelling Unit is similarly situated as the Tenant or Tenant's household members who are being
displaced:
i. any Tenant in the Rental Unit has continuously resided in the Rental Unit for at least five (5) years, and a member of Tenant's household is either: (i) 62 years of age or older; or (ii) disabled as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section
50072 of the California Health and Safety Code;
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ii. any Tenant in the Rental Unit or member of Tenant's household is terminally ill as certified by a treating physician licensed to practice in the State of California; or
iii. any Tenant in the Rental Unit is a low-income tenant (lowincome tenant means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to
Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code
Section 50079.5).
e. Tenant's Right of First Return.
i. If a Landlord or Landlord's Family Member ceases occupation of the Rental Unit within three (3) years after the final date of Tenancy, the Tenant of a Rental Unit is entitled to receive notice of the first right to return to rent the same unit at the Rent previously charged plus any annual Rent increases
allowed under Chapter 5.62 of the Code.
ii. Nothing in this Section shall be construed to relieve the Landlord of the obligation to directly contact the former Tenant and to advise the Tenant that the recovered Rental Unit will again be offered for Rent.

3. A Landlord seeks in good faith to recover possession to comply with any of the following: (i) An order issued by a government agency or court relating to habitability that necessitates vacating the Rental Unit; (ii) An order issued by a government agency or court to vacate the Rental Unit; or (iii) A local ordinance that necessitates vacating the Rental Unit. If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or for the need to vacate under this Subsection, the Tenant shall not be entitled to relocation assistance.

E. All No-Fault terminations of Tenancy are eligible for relocation assistance. 34 of 48
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5.63.040. Relocation Assistance.

A. Permanent Relocation Assistance. When relocation assistance must be paid to Tenants who are evicted from their Rental Unit pursuant to Section 5.63.030, the Landlord must make the relocation assistance payment in accordance with this Section. The Landlord must provide written notice to the Tenant of the Tenant's entitlement to permanent relocation assistance at the same time the Landlord serves a notice of termination of Tenancy.

1. The Landlord shall pay a relocation assistance amount equal to three (3) times the Tenant's monthly Rent in effect when the Landlord served the notice to terminate the tenancy.

2. If any Tenant residing in the Rental Unit from which the Tenants are to be displaced includes a Qualified Tenant, then all Tenants living in the Rental Unit are collectively entitled to additional relocation assistance as follows:
a. The Landlord shall pay an additional relocation assistance amount equal to one (1) times the Tenant's monthly Rent in effect when the Landlord served the notice to terminate the tenancy.
b. For purposes of this Subsection, Qualified Tenant means any Tenant who:
i. Is sixty-two (62) years of age or older, disabled, as defined in Section 12955.3 of the California Government Code or
handicapped as defined in Section 50072 of the California Health and Safety Code;
ii. Has one or more dependent children under the age of eighteen (18) residing in the Rental Unit;
iii. Meets the income limits for a "lower-income household" as defined in California Health and Safety Code section 50079.5; or
iv. Has continuously resided in the Rental Unit for five (5) years or more.
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The Tenant shall notify Landlord within ten (10) days of receiving the termination of tenancy notice, if any of the Tenants living in the Rental Unit from which the Tenants are to be displaced includes a Qualified Tenant, along with any reasonable proof of eligibility.

3. Permanent relocation assistance payments must be paid directly to the Tenant.
a. If a Rental Unit is occupied by two (2) or more Tenants, then each Tenant of the Rental Unit shall be paid a pro-rate share of the relocation assistance payment.
b. Landlord shall pay one-half of the relocation assistance due no later than fifteen (15) days following service of the termination of tenancy and the balance due no later than five (5) business days after the Tenant has vacated the Rental Unit. If a Tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided pursuant to this Chapter shall be recoverable as damages in an action to recover possession.

B. Temporary Relocation Assistance. A Landlord must provide temporary relocation assistance to Tenants of a Rental Unit who are temporarily displaced due to repairs, rehabilitation of a Rental Unit, health and safety violations, or other work or activities that will make the Rental Unit an untenantable dwelling, as defined in California Civil Code Section 1941.1, or will expose the Tenant to toxic or hazardous materials, or that cannot otherwise be completed while the Tenant remains in the Rental Unit.

1. Thirty (30) Days or Less. A Landlord must provide the Tenant a per-diem payment if the Tenant will be temporarily displaced for thirty (30) days or less.

2. Thirty-One (31) Days or More. A Landlord must provide the Tenant either a per-diem payment or comparable temporary accommodations, if available. 36 of 48
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3. Per-Diem Payment.
a. Per-diem payment will be based on the Federal General Services Administration per-diem rate for lodging in the County of Los Angeles, which is updated on a yearly basis, unless otherwise agreed upon by the Landlord and Tenant, and may include any applicable transient occupancy taxes.
b. Upon mutual agreement by the Landlord and Tenant, per-diem payments may be paid directly to the Tenant, or in the event of a hotel, motel or short-term rental accommodations, directly to the hotel, motel or short-term rental.

4. Temporary Relocation Assistance payments will be made on a pro-rata basis to the eligible Tenant household.

5. Temporary Hotel or Motel Accommodation. If relocation is to a hotel or motel, the Landlord must provide a hotel or motel accommodation which is safe, sanitary, and unless otherwise agreed upon by the Landlord and Tenant, within a reasonable distance of the Tenant's Rental Unit.

6. The temporary displacement and relocation of a Tenant pursuant to this Section 5.63.040.B shall not terminate the Tenancy of the displaced Tenant.

The displaced Tenant shall have the right to reoccupy his or her Rental Unit upon the completion of the work necessary for the Rental Unit to comply with housing, health, building or safety laws or any government order and the Tenant shall retain all rights of Tenancy that existed prior to the dis placement.

7. Nothing in this Section 5.63.040.B shall be construed as authorizing a Landlord to require a Tenant to vacate a unit, except as permitted under federal, state, or local law.

C. No Waiver. A Tenant cannot waive his or her right to receive relocation assistance required by this Chapter.
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D. Any action brought by a Tenant for a violation of this Section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.

5.63.050. Tenant Buyout Agreements.

A. Landlord's Disclosure Prior to Buyout Offer. At the time a proposed buyout agreement is provided, the Landlord shall provide each Tenant in the Rental Unit a written disclosure, on a form approved by the Department, in English and in the Tenant's primary language if other than English translated at the Landlord's expense, that shall include all of the following:

1. A statement that the Tenant has a right not to enter into buyout negotiations or a buyout agreement;

2. A statement that the Tenant may choose to consult with an attorney before entering into a buyout agreement;

3. A statement that the Tenant may rescind the buyout agreement for up to thirty (30) days after it is fully executed;

4. A statement that the Tenant may contact the Department for information about other buyout agreements in the Tenant's neighborhood and other relevant information;

5. Any other information required by the Department consistent with the purpose and provisions of this Section; and

6. A space for each Tenant to sign and write the date the Landlord provided the Tenant with the disclosure.

B. Requirement for Buyout Agreements. The buyout agreement shall:

1. Be in writing in English and the language in which the buyout agreement was negotiated if other than English translated at the Landlord's expense.

The Landlord shall give each Tenant a copy of the proposed buyout agreement at least forty-five (45) days before it is executed by the parties.

2. Include the following statement in bold letters in at least 12-point boldface type in close proximity to the space reserved for the signature of the Tenant:
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a. "You may cancel this buyout agreement in writing at any time before the thirtieth (30th) day after all parties have signed this buyout agreement."
b. "You have a right not to enter into a buyout agreement." c. "You may choose to consult with an attorney before signing this buyout agreement. The City of Bell Gardens Community
Development Department may also have information about other buyout agreements in your neighborhood."
C. Rescission of Buyout Agreement. A Tenant shall have the right to rescind a buyout agreement for up to thirty (30) days after its execution by all parties. In order to rescind a buyout agreement, the Tenant must hand-deliver, email, or send by certified mail return receipt requested, a statement to the Landlord indicating that the Tenant has rescinded the buyout agreement.

D. Filing of Buyout Agreement and Disclosure Notice. The Landlord shall provide the Tenant a copy of the fully executed buyout agreement within ten (10) days of execution. Landlord shall also file with the Department a copy of the executed buyout agreement, along with proof of service to the Tenant of the disclosure notice as required in this Section, within ten (10) days after the buyout agreement is executed by all parties.

5.63.060. Retaliatory Eviction and Anti-Harassment.

A. Retaliatory Eviction.

1. No Landlord may terminate a Tenancy or refuse to renew a Tenancy or otherwise cause a Tenant to vacate a Rental Unit, if the Landlord's intent in termination of the Tenancy or refusal to renew the Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent.

2. A Tenant may assert retaliation affirmatively or as a defense to the Landlord's action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Chapter and the alleged act of retaliation.
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3. Retaliation against a Tenant because of the Tenant's exercise of rights under this Chapter is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Chapter in evaluating a claim of retaliation.

B. Anti-Harassment. No Landlord, or any person, acting as a principal or agent, offering a Rental Unit for Rent, or any contractor, subcontractor or employee of the Landlord shall, with respect to property used as a Rental Unit under any Rental Agreement or other lawful Tenancy, do any of the following:

1. Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, or local housing, health, or safety laws, or threaten to do so, or violate California Civil Code sections 789.3 and 1940.2;

2. Do any of the actions in bad faith:
a. Fail to perform repairs and maintenance required by Rental Agreement or by federal, State, or local laws;
b. Fail to exercise due diligence in completing repairs and maintenance once undertaken;
c. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
d. Conduct elective renovation or construction of Rental Unit for the purpose of harassing a Tenant;
e. Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit;
f. Refuse to cash or process a rent check or other form of acceptable Rent payment for over thirty (30) days after it is tendered; g. Fail to maintain a current address, in addition to any electronic payment methods, for delivery of Rent payments;
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h. Request information that violates a Tenant's right to privacy, including, but not limited to, residency or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of determining the Tenant's qualifications for a Tenancy;
i. Release information protected by the Tenant's right to privacy except as required or authorized by law; or
j. Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable accommodation.

3. Abuse the right of access into a Rental Unit as established by California Civil Code section 1954 or other applicable law. This includes, but is not limited to, entries for inspections that are not related to necessary repairs or services; entries that are unreasonable in frequency or duration; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry.

4. Influence or attempt to influence a Tenant to vacate a Rental Unit through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security.

5. Threaten the Tenant, by word or gesture, with physical harm, or repeatedly mistreat an occupant of a Rental Unit during in-person conversations, through social media postings or messages, or other communications, with language, verbal or written, that a reasonable person would consider likely to cause fear or provoke an immediate violent reaction.

6. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income. 41 of 48
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7. Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Rental Unit based upon facts which the Landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Landlord. No Landlord shall be liable under this Subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action.

8. Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy.

9. Provide false written or verbal information regarding any federal, State, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice.

10. Offer payments to:
a. A Tenant to vacate, including a Buyout Agreement offer, more frequently than once every six (6) months, after the Tenant has notified the Landlord in writing that the Tenant does not desire to receive further offers of payments to vacate.
b. Attempt to coerce the Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.

11. Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law.

12. Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation to such occupancy.
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13. Interfere with the right of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Agreement; or distribute and post literature in common areas, including lobby areas and bulletin boards, informing other Tenants of their rights and of opportunities to involve themselves in organized tenant activities.

C. Remedies and Penalties. For the purposes of this Section

1. If any Landlord or any person, acting as a principal or agent, offering a Rental Unit for rent, or any contractor, subcontractor, or employee of the Landlord violates the terms of this Section, an aggrieved Tenant may institute a civil action, as allowed under Section 5.63.100, for injunctive relief, direct money damages, and any other relief that the court deems appropriate.

2. The above remedies are not exclusive and do not preclude any Tenant from seeking other remedies or penalties provided by this Chapter or applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.

5.63.070. Notices to Tenants.

A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of agreeing to rent or lease a Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances.

1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;

2. When renewing a Rental Agreement; and
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B. If the Rental Agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights in English and the language in which the Rental Agreement was negotiated or written.

5.63.080. Enforcement.

A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.

B. The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter.

5.63.090. Administrative Citations.

A. Administrative Citation. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an administrative fine as set in a schedule of fines adopted by resolution by the city council as provided in Chapter 1.16 of the Code.

B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense for which an administrative fine may be imposed. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.

C. Notices of Violation and Administrative Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, the Department may issue notices of violation and administrative fine in accordance with the authority and procedures set forth in Chapter 1.16 of the Code.

D. Administrative Appeals and Judicial Review.

1. Administrative Appeal. Any Landlord or Tenant who receives a notice of administrative fine may request an administrative hearing before a hearing officer in accordance with Chapter 1.16 of the Code.
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2. Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance Chapter 1.16 of the Code.

5.63.100. Remedies.

A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.

B. Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation.

C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the county jail for a period of not more than six (6) months, or by both.

D. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord's failure to comply with the provisions of this Chapter in any action by a Landlord to recover possession of a Rental Unit.

E. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

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5.63.110. Waiver. Any waiver of rights under this Chapter shall be void as contrary to public policy.

5.63.120. Severability. If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.

SECTION 4. Inconsistent Provisions. Any provision of the Bell Gardens Municipal Code or appendices thereto that conflicts with the provisions of this Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Interim Ordinance.

SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.

SECTION 6. Compliance with California Environmental .Quality Act. ·The qity Council finds that this Ordinance is not subject to the California Environmental Quality Act pursuant· to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.
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SECTION 7. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law.

This Ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED, APPROVED, AND ADOPTED this 12th day of September 2022.

APPROVED AS TO FORM:

Rick Olivarez
City Attorney
foe

THE CITY OF BELL GARDENS
U-O~@L <.._.-/Maria Pulido, Mayor
ATTEST:

Daisy Gomez
City Clerk
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I, DAISY GOMEZ, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 925 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on Monday, August 22, 2022 and that thereafter said ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on Monday, September 12, 2022 and was approved and passed by the following vote:

AYES: Council Members Barcena, Cortez, Flores; Mayor Pro Tern Chavez; Mayor Pulido NOES: None
ABSTAIN: None
ABSENT: None
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671

RENT STABILILIZATION AND

EVICTION PROTECTIONS
June 21, 2023
1 672

OUTLINE

1. Existing State Laws

2. Town of Fairfax

3. City of Larkspur

4. Living Unit Impact in San Anselmo
2 673

EXISTING STATE LAWS
3 LOCAL REGULATION MUST CONSIDER STATE LAW
• Costa-Hawkins Rental Housing Act (February 1, 1995):
• Exempts certain units (single family homes and condos). • Exempts units built after the Act took effect.
• Prohibits “vacancy control.”
• Vacancy control regulates how much the rent of a unit can increase when the tenant changes.
674

EXISTING STATE LAWS

LOCAL REGULATION MUST CONSIDER STATE LAW
Tenant Protection Act of 2019 (AB 1482)
• Established statewide rent regulation
• Set rent increase ceiling at 5% + Regional CPI (max. of 10%)
• Broader application than Costa-Hawkins Act
• Established statewide eviction protections
• Sunsets in 2030
4 675

SUMMARY
The Following Guidelines Apply Regarding
Local Rent Control Ordinances:

Taken together, the following guidelines apply regarding local rent control ordinances:
• No rent control allowed on buildings newer than 15 years, on a rolling basis. • Rent control for pre-1995 buildings may be set at any amount. • Rent control that results in lower rental increases than 5%+CPI/10% for buildings at least 15 years allowed is allowed.
• Condominiums, single-family homes, and buildings with two units one of which is owner-occupied, may not be rent-controlled.
• Landlord may set base rent at market rate upon change in tenancy. 5 676

TOWN OF FAIRFAX
Process
March 2022 – Council receives presentation on rent stabilization by the Marin Democratic Socialists of America
May 2022 – Council directs staff and resources to draft a rent stabilization ordinance.

Sept 2022 – Held a Rent Stabilization and Just eviction forum Sept 2022 – Introduces ordinances to Council
Oct 2022 – Reintroduced ordinances
Nov 2022 – Adopted ordinances
6 677

TOWN OF FAIRFAX
Process (continued)
May 2023 – Just Cause Eviction Workshop
June 2023 – Citizens Initiative to Allow for a Public Vote on the ordinances sent County Registrar of Voters for signature verification
7 678

TOWN OF FAIRFAX
8 Rent Stabilization
Ordinance introduced on Oct 11 and adopted on Nov 2, 2022  Base rent set as of rate on Feb 2, 2022
 “Annual General Adjustment” shall be equal to 60% of the percentage of the Consumer Price Index
679

TOWN OF FAIRFAX
9 Eviction Protections
 Adopted a just cause eviction ordinance in 2019
 Updated ordinance introduced on Oct 11, and adopted on Nov 2, 2022
Ordinance exceeds state law in multiple categories
680

CITY OF LARKSPUR
Process
July 2022 – Council hears public comment from local tenant organization asking for a rent control ordinance
Aug 2022 – Council appoints an ad hoc committee to
consider options around rent control
Sept/Oct 2022 – Ad hoc committee holds separate forums
for tenants and property owners to solicit feedback
Jan 2023 – Holds workshop to review rent regulation, rent assistance and eviction protections
March 2023 – Council directs ad hoc committee prepare
specific terms and regulations
10 681

CITY OF LARKSPUR
Process (continued)
May 8 and May 22, 2023 – Council holds public hearings to discuss rent stabilization and eviction protections
11 682

CITY OF LARKSPUR
12 Rent Stabilization
 Council introduced draft rent stabilization ordinance  Council voted to approve a rent cap of 5% + CPI or 7%, whichever is lower
683

CITY OF LARKSPUR
13 Eviction Protections
• City Council is interested in three or four months of relocation assistance
• City Council consensus to establish the right of return no agreement on the time period reached
684

NUMBER OF POTENTIALLY

IMPACTED UNITS IN SAN ANSELMO
14 Number of Duplexes: 191* (# of owner-occupied unknown) Total Living Units: 382*
Number of Parcels with 3 or more Living Units: 117
Total Living Units: 838
Number of Parcels with 4 or more Living Units: 84
Total Living Units: 733
Total Number of Living Units in San Anselmo: 5,410
685

CONCLUSION
• Questions or Comments
• Next Steps
15 686
1 Serge Avila
From: nancy bennett <[email protected]>
Sent: Tuesday, June 6, 2023 10:09 AM
To: Town Council
Subject: Yes on Rent Control
CAUTION: External Sender
I'm a lucky home owner, and just outside city limits.but know that rent control is only fair.

Thank you,
Nancy Bennett
405 San Francisco Blvd
San Anselmo 94960
‐‐
Nancy Lyle Bennett
Feng Shui/Energy Worker
Pianist, We Three Trio
(415) 456‐7989
687
1 Serge Avila
From: ConnieBorter <[email protected]>
Sent: Wednesday, June 7, 2023 8:07 AM
To: Town Council
Subject: Rent Control
CAUTION: External Sender
I am in support of rent control which would keep people in their homes. Everyone that rents needs security to know that they can conƟnue to stay in their homes. They establish their children in schools, they establish their employment, now they can focus on the contended life. People who don’t have to worry about the roof over their head are happier and more involved in their community. If the whole community is happy then it makes for a safer and more pleasant place to live.

Thank you,
Connie Borter
Resident of San Anselmo
Sent from my iPhone
688
1 Serge Avila
From: Eileen Brown <[email protected]>
Sent: Tuesday, June 6, 2023 7:25 AM
To: Town Council
Subject: Keep Teachers in Town - Pass Rent Control
CAUTION: External Sender
Dear Councilmembers,
Thank you for your service to our community. I appreciate your willingness to step up and work to solve problems in our community for the good of all. As the spouse of an 18‐year Ross Valley School District (RVSD) teacher, I write to share our experience in the hopes that you will pass rent control, and keep teachers in town! Teachers are at the heart of our neighborhood public schools, and they also make great neighbors! I think we all agree that thriving public schools are part of what makes our town so desirable, and contribute to the high property values homeowners enjoy. Though our personal rental situation is good now, this teacher's family has struggled to remain in the Ross Valley. In addition to ranking near the bottom for teacher pay in Marin County, our family pays $27,000 per year out‐of‐pocket to cover our family of four on the mid‐price PPO plan. As you might imagine, that leaves very little to cover rent and other living expenses.

In contract negotiations this year, the Ross Valley Teachers Association (RVTA), the union which represents public school teachers in the RVSD, attempted to get their beginning teachers up to an $80,000 per year gross salary, partly because they hoped their first year teachers might then afford a one‐bedroom apartment close to the RVSD boundaries. Had they won their members the raises they sought, a first year teacher would still only be able to afford to pay rent on a one‐bedroom apartment in Richmond or Sonoma County. Today, our dedicated teachers who rent are barely hanging on, many commute long distances to be here for our kids, and those who can, often leave for higher‐paying districts.

Passing a rent control ordinance would have the immediate effect of allowing those teachers (and other working class folks) in our community to continue to be our neighbors and contribute to our excellent neighborhood public schools.

Stabilizing folks in their homes ASAP with rent control is the easiest and quickest policy measure in a quiver of tools which will take much longer (new affordable housing, new shelters, etc.).

Please, pass rent control! Keep teachers in town!
Sincerely,
Eileen Cohune Brown
‐‐
Eileen Cohune Brown, LMFT
She/Her/Hers
Psychotherapy for Adults and Youth
On Coast Miwok Land
www.marintherapyworks.com
(415)887‐8539
“
689
2 CONFIDENTIALITY NOTICE: This email is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. Access to this email by anyone other than the addressee is prohibited without prior approval. Please note that electronic communications cannot be considered either private or confidential, although every effort will be made to provide the highest security in sending/receiving and storage of your communications. If you received this email transmission in error, please notify the sender by reply email or by telephone and delete the transmission. 690
1 Serge Avila
From: wendy t <[email protected]>
Sent: Monday, June 5, 2023 9:30 PM
To: Town Council
Subject: Renter protections, please
CAUTION: External Sender
Hello San Anselmo Town Council members,
I am grateful you are going to take a close look renter protections and consider rent control and just cause evictions. I am concerned about how exclusive our town is and want to ensure people with fixed and low‐incomes can remain housed in their apartments and part of our community. Our economic ecosystem and social fabric depends upon people with diverse economic backgrounds living in the same town. As housing and rent costs skyrocket, more people are becoming unhoused and more people are unable to live and work in our community. We are already seeing a local service industry and non‐profit workforce shortage because people don’t make enough money to pay the astronomical rents here. In addition, there are so many folks commuting in and out of San Anselmo who work here but can not afford to live here. Rent control and just cause eviction are tools in your tool belt to mitigate the Bay Area housing crisis.

I care deeply about this issue because I’ve been a renter most of my life and know what it feels like to live pay check to pay check hoping and praying the landlord doesn’t raise the rent beyond what I can afford and also hoping my housing situation remains stable. When my mom was raising my sister and I we were evicted. It was a traumatic event that had long‐lasting negative impact on me and my family. Our housing was provided as part of my mom’s job. She was laid off due to a corporate merger and was given just 30 days to find a new place for my sister and I to live and find a new job.

Somehow we made it through that nightmare.

Housing and economic instability is a major stressor that impacts people’s health and well being ‐ especially people who are in powerless positions in our societal hierarchy. It is up to government to ensure protections of people who lack power, resources, and financial freedoms (often as a result of unfair systems and policies).

I look forward to your careful consideration of the options that will ensure our community is as inclusive, diverse, and fair.

THANK YOU,
Wendy
______________________
Wendy Todd, MPH
Facilitator + Strategic Planner + Equity Activist
www.WendyToddConsulting.com
415.596.0607
691
From: Jeremy Thornton
To: Town Council
Subject: Rent control in marin
Date: Monday, June 12, 2023 12:35:20 PM
CAUTION: External Sender
As a Marin resident and former Drake (Archie Williams) Graduate. It saddens me that it is unaffordable to live in the town I grew up in. As a 27 year old chef that works at Insalatas, a food truck, and local farm on my weekends. I put in between 55 and 70 hour weeks. Sometimes working as many as 24 days in a row without a weekend.

Even with this work load it would still be financially irresponsible for me to move out of my parents house. Though I pay them rent for a room it is the house I grew up in. I will be leaving marin within the next year because I can no longer afford to live close to my family but not in their house.

This should be unacceptable for the town council. Unless you make a change you will have no employees and any restaurants or construction workers because we simply cannot afford to live in these areas anymore.

Thank you for your time,
Jeremy Thornton
Sent from my iPhone
692
From: Jason Watkins
To: Town Council
Subject: Support of Rent Control and Tenant Protections Date: Friday, June 9, 2023 7:54:35 AM
CAUTION: External Sender
Hello San Anselmo Town Council,
My name is Jason Watkins and I am a homeowner in San Anselmo. I'm writing to express my support around rent control and protecting tenants in our city. As a resident and tax payer in San Anselmo, it is important to me that our city supports and protects renters of a wide variety of backgrounds. There are many benefits to doing this, one of which is that these protections will help the city cultivate ethnic and financial diversity amongst its residents.

I lived under rent control in San Francisco in the late 90's and early 2,000s. This was during the Dot Com era, when rents were climbing to unseen costs. Because of rent control, I was able to stay in SF and regroup after I was laid off.

The only reason I live in Marin County is because the landlords of a condo we rented in Terra Linda offered us reasonable rent for over 7 years. They told us they couldn't believe what others were charging for rent and thought it was irresponsible and unfair. Their act of kindness isn't something I'd expect from most landlords, and it allowed me to remain in Marin to be with my aging parents and care for them at the end of their lives.

I know a lot of renters in this county aren't as lucky as I am. If it weren't for rent control, random kindness and support from my family, I would not be a resident in this beautiful area.

Most do not have it this easy. And that is why it is your duty to ensure fair housing and to protect renters in our city. Supporting these measures will help foster a thriving, diverse, and compassionate community that we can all be proud to call home.

Thank you,
Jason Watkins
693
From: Curt Ries
To: Steve Burdo; Eileen Burke Contact; Brian Colbert; Alexis Fineman; Tarrell Kullaway; Dave Donery Cc: Town Council; Serge Avila; Leah Simon-Weisberg
Subject: Rent Control & Eviction Protections - Staff Report Errors Date: Monday, June 12, 2023 10:44:06 PM
CAUTION: External Sender
Dear San Anselmo Town Council Members and Town Manager:

My name is Curt Ries, I am a San Anselmo renter, a Co-Chair of the Marin Democratic Socialists of America (Marin DSA) and a lead organizer on the campaign to establish rent control in Marin, including in Fairfax, Larkspur, and San Anselmo.

Thank you for taking up the issues of rent stabilization and just cause eviction protections.

These policies are desperately needed to keep ordinary working people in their homes and in our community.

Over the course of working on these issues for nearly two years, I’ve become quite familiar with the relevant state laws (AB-1482 and Costa-Hawkins) governing what local jurisdictions can do in relation to rent control and just cause eviction protections. I appreciate the June 13th staff report on these matters but believe there are a couple of factual errors that are important to address.

1. The staff report states in its summary of existing state laws that, “Rent control that results in lower rental increases than 5%+CPI/10% for buildings at least 15 years [old] is allowed.” Costa-Hawkins prohibits all local rent control from being applied to rental units with a certificate of occupancy issued after February 1st, 1995. That means that units constructed after 1995 but that are more than 15 years old may still not be subjected to local rent control that exceeds AB-1482’s cap of 5%+CPI/10%. Here’s the relevant code from CostaHawkins:
1954.52. (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial and all subsequent rental rates for a dwelling or a unit about which any of the following is true:
(1) It has a certificate of occupancy issued after February 1, 1995.

2. The staff report states in its summary of existing state laws that, “Condominiums, singlefamily homes, and buildings with two units one of which is owner-occupied, may not be rent-controlled.” The staff report then goes on to estimate the number of rental units that may potentially be impacted by rent control and presents a table that “...describes the number of properties with three or more units and four or more units…” 694
Costa-Hawkins prohibits local rent control from being applied to single-family homes and condominiums, but it does not prohibit local rent control from being applied to duplexes, including owner-occupied duplexes. AB-1482 exempts owner-occupied duplexes from its extremely weak form of statewide rent stabilization, but local jurisdictions are free to include them. According to 2021 US Census data, there are approximately 192 renter-occupied housing units in 2-apartment structures (i.e., duplexes) in San Anselmo, accounting for

12.3% of all rental units in town. We hope these units will be included in the council’s deliberations regarding rent control in San Anselmo. There is nothing in state law that exempts them.

Copied on this email is Leah Simon-Weisberg, Legal Director of the Alliance of Californians for Community Empowerment (ACCE) Institute, Adjunct Professor of Law at UC Law, and Chair of the Berkeley Rent Board. She shares my assessment of the two provisions above and would be happy to act as a resource for staff and/or council members as this conversation develops. She has already been an invaluable resource for council members and staff in both Fairfax and Larkspur.

Thank you again for taking on this critical issue. Please move forward as quickly as possible to adopt strong rent control and just cause eviction protections that will keep San Anselmo renters in our homes and in our community.

Thank you,
Curt Ries
695
From: [email protected]
To: Town Council
Subject: San Anselmo Rent Control
Date: Tuesday, June 13, 2023 10:00:37 AM
CAUTION: External Sender
Dear San Anselmo Town Council,
As a Fairfax community member and long term renter of a 1 bedroom duplex in Fairfax I encourage you to adopt similar rent stabilization and just cause eviction ordinances as Fairfax and other cities in the Bay Area. I was born and raised in Berkeley and my daughter who is now 30 was also born and raised in Berkeley and is a renter in Oakland and works in Corte Madera. My wife (who is a senior on a fixed income) and I are documentary filmmakers and our work has focused mostly on climate change solutions and social justice issues. Much of our documentary work is produced on our own dime and time and is widely distributed in libraries and public television at no cost to our community and country. None of this would be possible if we were forced to pay unpredictable rent increases or were asked to leave for no cause. Please consider these basic rental protections for your community.

Thank you,
Sincerely
Morgan Schmidt-Feng
696
From: G.R Fariwar
To: Town Council
Subject: Rent Control In San Anselmo
Date: Tuesday, June 13, 2023 9:29:43 AM
CAUTION: External Sender
Dear San Anselmo Town Council members!
I am Ghulam Fariwar one of the renter in San Anselmo and I pay more than my 30% of income to monthly rent. The would like to request the council to adopt rent control and tenant protection in San Anselmo.

Here few issues of concern for people’s like me who rent a place to live.

1. San Anselmo, like all of Marin, has some of the highest rents and highest home prices in the entire country. Most ordinary working people can’t afford to purchase a home for 1.5 or 2 million dollars, so our only option is to rent. But with rents going through the roof, thousands of our neighbors are at risk of being forced out of their homes and out of town.

2. Small landlords are quickly being replaced by giant property management companies who are raising rents hundreds of dollars every year on tenants who can’t afford it. This is hitting seniors on fixed incomes who have been long-term tenants particularly hard.

3. More than half of San Anselmo renters are rent-burdened, paying more than 30% of their income on rent. Rent increases have been outpacing wage increases for decades.

4. San Anselmo prides itself on being welcoming and inclusive. But if nothing is done to stabilize rents and protect our diverse, working-class tenants, then it will quickly become a town that’s only available to the wealthy and privileged.

5.Our teachers, nurses, public workers, and service workers are all disproportionately renters. The people who make San Anselmo such a great place to live should be able to afford to live here.

6. Rent control and just cause eviction protections are common-sense, time-tested policies that will keep families in their homes and provide real housing security for thousands of San Anselmo renters.

Best, Ghulam Fariwar
875 Sir Francis Drake Blvd, San Anselmo
697
From: Suzanna Aguayo
To: Town Council
Subject: Rent Control Ordinances in Marin
Date: Tuesday, June 13, 2023 1:31:56 PM
CAUTION: External Sender
Dear Town Council,
My name is Suzanna Aguayo and who has lived in Fairfax for the last five years in a rental unit. As a senior citizen and someone who has lived in two other towns with rent control ordinances for a total of over thirty years I can attest to the sense of protection that rent ordinances provide to all those who rely on each other for a safe, affordable place to live. I strongly agree with studies that show that rent control keeps people in their homes which makes our communities healthier, more productive, stable and vibrant. When those who play important roles in our communities retain their housing we are all better served, tenants who need a place to live and landlords who need to protect the investment in their property.

I urge you all to consider working with the community to adopt your own ordinances to help create more stability and fairness for everyone.

Kindly,
Suzanna Aguayo
Fairfax, CA
698
From: Mark Foehr
To: Town Council
Subject: Oppose Further Rent Control
Date: Tuesday, June 13, 2023 1:48:21 PM
CAUTION: External Sender
Town Council Members -
I read in the IJ that you will be reviewing the current status of Fairfax and Larkspur Rent Control and Just Cause Eviction ordinances tonight.

I pay attention to these things and I am shocked that seemingly all the pro-rent control activists knew about this but the general public and rental housing providers were left in the dark.

We already have very strict State wide Rent Control and Just Cause evictions laws that have made it very difficult for rental housing providers to stay in business.

Further restrictions will just force more mom and pop rental housing providers out of long-term rentals and into short-term rental business or worse they will sell to large corporate owners. Either way it is not good for a healthy rental market.

Oppose this ridiculous poroposal that we all know is being pushed by the Democratic Socialists of America.

Mark Foehr
San Anselmo Rental Housing Provider and long time resident 699
From: Michael Mccarthy
To: Town Council
Subject: Rent control
Date: Tuesday, June 13, 2023 11:48:49 AM
CAUTION: External Sender
As a 79 year old man, living alone and being partially handicapped with need for home care, I’m living on a fixed income; with rent going up all the time my living expenses increase dramatically.

In addition the management company allocates increasing utility expenses on the tenant. These include trash, water, sewer, pest control and fees. These added expenses passed on to tenant also raise the market value of the complex to the benefit of the landlord.

Michael McCarthy
Sent from iPhone
700
From: MICHAEL SEXTON
To: Town Council
Subject: Extra Rent Control Measures for San Anselmo
Date: Tuesday, June 13, 2023 12:28:00 PM
CAUTION: External Sender
Dear Town Council,
As the Director of MarinResidents.org and FairfaxResidents.org, I urge you to approach the issue of extra rent control, beyond Cal AB 1482, with great hesitancy.

Every community has the responsibility to address the issue of extra rent control as they see fit, without the unwelcome pressure of national political organizations. As an organization comprised of residents of Marin and Fairfax, I urge you not to go down the path of Fairfax and impose extra rent control without the direct consent of your residents.

As you can see from the actions of the Fairfax Town Council, extra rent control has caused great disruption and division in that town. The unnecessary action of a few members of the Town Council has caused financial harm to homeowners, housing providers (small mom & pop landlords) and renters alike.

In response, along with the growing sentiment for recall for some council members, last week our organization help turn in over 1000 signatures to put a measure on the 2024 ballot to repeal these extra rent control ordinances.

I urge you to really consider what your residents want and need. We have found that extra rent control was neither wanted by the residents or needed to help with affordable housing. In fact, because of these ordinances, housing providers have taken some units off of the market. This reduction in supply of housing along with constant demand, causes rents to rise for new and transitioning renters. It also dings the prices for duplexes and houses with ADUs, and this affects the value of non-rental single family houses as well.

In summary, extra rent control may be a sweet deal for long term tenants, for others, young families paying a first mortgage, elderly residents of San Anselmo relying on rental income to stay in their homes, new renters, and almost every other constituent, extra rent control is a bad deal.

Please consider whether the influence of some national political organizations mesh with the needs and desires of your residents and the disruptions that extra rent control ordinances cause.

Thank you.

Michael
Michael Sexton
Director - Marin Residents
MarinResidents.org and FairfaxResidents.org
[email protected]
701
From: Wong, Wendy
To: Town Council
Subject: SUPPORT FOR RENT CONTROL AND TENANT PROTECTIONS Date: Tuesday, June 13, 2023 1:55:43 PM
CAUTION: External Sender
Dear San Anselmo Town Council:

Preventative measures to keep people housed are essential for the vitality of this community.

Adopting rent control measures and tenant protections would offer renters affordable housing and financial stability, while easing the anxiety and fear of becoming displaced. When people become displaced, it brings new socio-economic issues for the town to tackle that will require resources and financial investment. It is easier to keep people housed than to have to rehouse them.

Thank you for taking the time to acknowledge this growing issue and for making the effort to resolve it!
Warm Regards,
Wendy Wong
San Anselmo Resident
702
From: Caty McKenna
To: Town Council
Subject: Support of rent control and affordable housing ordinance Date: Tuesday, June 13, 2023 7:03:27 PM
CAUTION: External Sender
Dear Town Council,
I am writing on behalf of myself, my spouse Stian Rasmussen, and many other San Anselmo friends and neighbors in support of the proposed affordable housing ordinance. My husband and I grew up here, moved away for young adulthood, and found buying a home an impossibility upon our desired return to the area. We returned to San Anselmo for many reasons: to live near grandparents and other family who provide free childcare, to raise our child among dear old friends, and to make a home in the beautiful community we know and love so well.

We desperately searched for a rental home we could afford after leaving our rent-controlled SF apartment in 2018, and the search was nearly fruitless. We finally found a rental for our family of three for just under $4000/month, with a nearly $11,000 deposit, a month-to-month lease, and a host of existing issues that we knew would never be addressed by the landlord.

We are highly responsible tenants who have made many improvements to our building and backyard. We have gone above and beyond to assist our landlord with many issues not related to our property. We are "dream tenants" who could be evicted at nearly any time or have our rent raised to an (even more) inflated and prohibitively expensive amount.

I understand that many homeowners are afraid of the notion of rent control, and fear that tenants will take advantage of them. All we want is the right to live with some personal agency and dignity, without the fear and anxiety of our homes being taken away on a whim. Existing homeowners seem to think that buying property 30 years ago bought them the keys to the city, and that they have the right to make all decisions in the community for the rest of time. We need more housing, we need fair housing, and we need to end the notion that rent control pits landlord against tenant. The only solution to our housing crisis is to move forward with the affordable housing ordinance and to provide considerations for the elderly, ill, and us middle and lower income earners who work in your schools, stores, etc. and equally deserve housing.

Thank you,
Caty McKenna and Stian Rasmussen
San Anselmo home renters
Caty McKenna
Studio Manager, Neon Stian Inc.
703
From: Greg Thomson
To: Town Council
Subject: Opposition to rent control.

Date: Wednesday, June 14, 2023 2:12:48 AM
CAUTION: External Sender
To all Board Members of San Anselmo :

Although I understand the desire for renters to limit rent increases, I feel strongly that current state restrictions are fair and reasonable, both to the tenant and property owners.

I own a four plex that was built in the 1960s. It is in constant need of repairs and over time I have made some improvements to make the units more comfortable for tenants. The cost of these with ever increasing building costs is quite subtractive to the end of year net income from the property but I do so as I do care about the happiness of my tenants.

As a small time owner at the age of 64 I will soon be relying in part on the return on this investment for my retirement. I have always kept rents below market to encourage tenants to stay on and to promote a good vibe for the community. Were rent control measures to be passed I feel I would be in effect forced to bring all of my units to current market prices which would likely result in one or more of my tenants to move further North in search of rent that their income could afford.

I fear that with the restrictive measures in consideration I would need to raise my rents every year just to protect my interests when tenants inevitably move so as to be allowed to list the vacated unit at a price near the market price.

Lastly , with an overly restrictive rent control measure in place I fear many property owners would not invest in proper maintenance resulting in a degradation rental area. This would negatively impact entire neighborhoods.

In summary, I feel that further rent controls would have unintended consequences, resulting in higher rents for tenants as fewer vacancies would occur which, along with the feeling of owners that they need to annually increase rents would cause rents to actually increase to all those who are looking for a home.

Greg and Heidi Thomson
Sent from my iPhone
704
From: PAUL WALKER
To: Town Council
Subject: Rent Control
Date: Tuesday, June 13, 2023 4:34:21 PM
CAUTION: External Sender
I am an appraiser and a broker with degree in Real Estate and Urban Land Economics. I have a masters degree in Real Estate Appraisal. In the long run rent control is bad as property owners have less money to repair properties, investors avoid the market, and values decline for all property types.

Paul Walker
Fil Financial Corporation
750 Diablo Avenue
Novato, CA 94947
[email protected]
415-722-6159
Pauljwalker.com
705
From: Anne & Eric
To: Town Council
Subject: renters and owners
Date: Tuesday, June 13, 2023 10:06:53 PM
CAUTION: External Sender
Fairfax style rent control is not fair. Is there the possiblity of a fire flood or earthquake to downtown SA? Guess who pays for tenant lodging during the long rebuild; landlord.

How about 1 person is agreed on signs lease. Guess how many more roomates they are allowed to have regardless of owner consent?
I agree the plan to set top annual limit of rent can be fair.

But how about you want to sell your place. Why is buying out a nonowner to move fair? Yes moving is a large hassle that comes with a freedom of at will mobility with renting. perhaps 3 months notice should be fair.

Eric Engert
706
From: Savannah Wheeler
To: Town Council
Cc: Caroline Peattie; Julia Howard-Gibbon
Subject: FHANC Comment- Rent Stabilization and Eviction Protections Date: Tuesday, June 13, 2023 6:19:12 PM
Attachments: Rent Stabilization_San Anselmo_FHANC_Comment.pdf CAUTION: External Sender
Dear San Anselmo Town Council,
Please see Fair Housing Advocates of Northern California's attached comment regarding rent stabilization and eviction protections. Thank you for your consideration.

Best regards,
Savannah Wheeler
--
Savannah Wheeler
Staff Attorney/Housing Counselor
Fair Housing Advocates of Northern California
1314 Lincoln Avenue, Suite A
San Rafael, CA 94901
(628) 226-3219
[email protected]
pronouns: she/her
CONFIDENTIALITY NOTICE: The information in this e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may concern confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, and have received this communication in error, please contact the sender by reply e-mail and destroy all copies of the original message.

Thank you.
707
_____________________________________________________________________________________ 1314 Lincoln Ave., Ste. A, San Rafael, CA 94901 ‚ (415) 457-5025 ‚ TDD: (800) 735-2922 www.fairhousingnorcal.org ‚ [email protected] Fair Housing Advocates of Northern California
SENT VIA EMAIL ONLY: [email protected]
June 13, 2023
Town Council
Town of San Anselmo
525 San Anselmo Ave
San Anselmo, CA 94960
RE: Agenda Item 3.4 - Rent Stabilization and Just Cause for Evictions Dear Esteemed Officials and Town Staff:

Fair Housing Advocates of Northern California (FHANC) is a private nonprofit organization dedicated to assisting individuals experiencing housing discrimination and educating the community, including tenants, housing providers, and government employees, as to their rights and responsibilities under federal and state fair housing laws. The mission of FHANC is to ensure equal housing opportunity and to educate the community on the value of diversity in housing.

We appreciate the Council’s consideration of these important anti-displacement measures to help address Marin’s affordable housing crisis, and we urge you commit to enacting rent stabilization and just cause eviction ordinances.

Rent Stabilization and Just Cause Eviction Protections are Key to Affirmatively Furthering Fair Housing
Enacting rent stabilization and just cause eviction ordinances would constitute a key step toward meeting San Anselmo’s duty to affirmatively further fair housing (AFFH). AB 686, enacted in 2018, requires cities to affirmatively further fair housing by taking meaningful action to “overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity” for communities of color, persons with disabilities, and others protected by California law.
1 Residents of color in Marin County are more likely to be renters than homeowners, and those who can least afford single family homes in the County are African American and Latinx households.2 FHANC’s data has highlighted how Covid has exacerbated economic 1 See https://www.nhlp.org/wp-content/uploads/AB-686-Fact-Sheet-Feb.-2019.pdf 2 See https://www.marincounty.org/-/media/files/departments/cd/housing/fair-housing/2020- ai/2020ai_english.pdf?la=en
708
disparities in the region, where 95% of our clients unable to pay housing costs due to Covid are people of color. The forces of displacement also have a disproportionate impact on people with disabilities, who are often on fixed incomes, voucher holders, and other members of protected classes under California law. There is a dire need for strong tenant protection policies to prevent further displacement and segregation.

In sum, adopting rent stabilization and expanded just cause eviction protections are necessary and fundamental steps to preserving and promoting diversity in the San Anselmo community, allowing San Anselmo to make progress toward meeting its requirement to affirmatively further fair housing. We urge the Town to move forward expeditiously in adopting such ordinances to address the urgent needs of San Anselmo residents.

Sincerely,
Caroline Peattie
Executive Director
Fair Housing Advocates of Northern California
Savannah Wheeler
Staff Attorney/Housing Counselor
Fair Housing Advocates of Northern California
709
From: Danni Hone
To: Town Council
Subject: Housing is a Human Right - Support Rent Control in San Anselmo! Date: Tuesday, June 13, 2023 5:44:19 PM
CAUTION: External Sender
Dear Council Members,
My name is Danielle Hone Kuntz and I've lived in San Anselmo my whole life; I went to Brookside Elementary, White Hill Middle, and what is now Archie Williams High School. I am what some would call a "Zillennial," born in 1998 I exist as both a member of the Millennials and Gen Z.

I cannot afford to live in my hometown. None of my generation can.

San Anselmo has always prided itself on being welcoming and inclusive, and a place of community. If rent control does not come into effect in San Anselmo, there will be no community left. The only reason I am able to live in San Anselmo today is because my mom bought her house in 1992. I have a B.A. and a Masters degree in a STEM field, but jobs in San Anselmo do not pay enough to allow me to rent. Even if my mom sold her house, I would not be able to live in San Anselmo.

This is not a town that is thriving – it is a ghost town losing its inhabitants.

You can do better. Passing rent stabilization (aka rent control) and just cause eviction protections would provide renters from losing their human right to housing due to skyrocketing rent.

I urge you to support rent control in San Anselmo.

Best wishes,
Danielle Hone Kuntz
710
From: Jonathan Marlowe
To: Town Council
Subject: Proposed rent control ordinance
Date: Tuesday, June 13, 2023 6:01:24 PM
CAUTION: External Sender
Dear Council Members,
As a retired income property owner who relies on the rental income from my property to be able to live in Marin County, I urge you to reject any form of rent control which exceeds the formidable legislation already in place at the state level. After decades of owning property and investing countless hours to manage and maintain it, I am well aware that rental rates fluctuate up and down given the market trends and economy. In contrast, expenses do not go up and down, only up, with utility, maintenance and taxes increasing every year. Currently apartment rents have been dropping, despite the popular claim to the contrary, but expenses continue to rise.

Do not be fooled by the current political climate that tries to create conflict between landlords and tenants and put forward dishonest claims that tenants are somehow oppressed by landlords. Further intrusion into this relationship by poorly thought out ordinances and rules will do nothing constructive for all concerned. If you truly are want to make housing more affordable, provide monies to those need additional funds to live in San Anselmo or incentivize developers to build affordable housing. But do not place the burden of alleviating this problem on those of us who have responsibly been providing quality housing at a fair price.

Thanks for considering my input on this important matter, Jonathan Marlowe
711
From: Renee Engelen
To: Town Council
Subject: OPPOSITION TO MORE RENT CONTROL
Date: Monday, June 19, 2023 5:29:14 PM
CAUTION: External Sender
I am opposed to adding further rent control to Marin County. California already passed statewide rent control AB1482. Adding more will hurt Marin rather than help.

I have been a property manager for 40 years, as an owner/landlord and professionally. I manage in Marin, Alameda, San Francisco and Contra Costa Counties. I have seen first-hand what onerous rent control policies do to the quality of housing, neighborhoods, community relations and hard-working families who sacrificed the luxury of disposable income, planning for a retirement with more than social security to fall back on.

Unless landlords of any stature can control expenses, they are in an impossible situation; usually wanting to maintain their lovely tenants by not imposing large increases while trying to maintain the bottom line. If costs are stable, landlords generally do not impose rent hikes. The problems stem from operational increases such as hikes in water, PGE, insurance, maintenance costs, wages and employment taxes, and all the bond measures that get passed through on property tax bills; all of which have skyrocketed, some in excess of 30% over the last few years.

Many of those hard-working families found themselves with hands bound by long term tenants, now using those properties as pied-e-terre’s, yet unable to evict. Their once meticulously maintained properties falling by the wayside because allowable increases did not keep up with actual operating expenses or even CPI. Those tenants, whom my clients have subsidized usually make 6 figure incomes, often own property themselves and drive more expensive vehicles than the property owner can afford to drive. All too often, it becomes the tenant who profits on the backs of the property owner. They do not vacate the units because they are “so cheap”. Sometimes they sub-lease the units out at a rate higher than the base rent, Airbnb for profit or keep for their occasional uses when they want to visit friends or have visiting family or simply to extort huge buy-outs. As a result, many landlords have removed their units from the rental market in fear; all reducing housing supplies and contributing to the turmoil.

When a landlord is finally able to recover a unit that was below market, they must get as much money as the market will bear because the cycle will repeat itself again. This inflates the price of new housing inventory while depressing the local supply.

I have met one landlord in my 40-year career who could be called a “capitalist pig”. Everyone else, who has respectful tenants absorb the bulk of the operational costs and wait to bring a unit to market at turnover. It is expensive to make ready and re-rent units, so Landlords tend to keep rates lower than market to hold good renters. The problem isn’t the landlord, it lies in the costs they can’t control.

Rent control does not work. It does the very thing it is designed to avoid; elevates rents, hurts 712
neighborhoods and reduces the housing supply. When AB1482 passed, I was compelled to issue rental increases on tenants that were below market because of the legislation. I also sent them an apology letter explaining that this very law was forcing an increase even though they had never received one from me before.

Let good landlords remain good landlords and keep more rent control out of Marin County! 713
From: Jeannine Fradelizio
To: Town Council
Subject: don’t do it
Date: Tuesday, June 20, 2023 2:09:52 PM
CAUTION: External Sender
The Fairfax town council smokes way too much pot , do not follow the lead of the woke, socialist, Democrat communist party, funded by George Soros , they’re ruining the property values in Fairfax. Together as a collective group., their IQ , can’t reach 100
Kind regards Jeannine sent from my iPhone disregard any typos 714
From: [email protected]
To: Steve Burdo; Eileen Burke Contact; Brian Colbert; Alexis Fineman; Tarrell Kullaway; Dave Donery Cc: Town Council
Subject: Rent Control - Just Say No!
Date: Tuesday, June 20, 2023 2:44:56 PM
CAUTION: External Sender
Tuesday, June 20, 2023
Dear San Anselmo Town Council Member:

I encourage you to not fall victim to Curt Ries, who is lead organizer for Marin Democratic Socialist of America (Marin DSA) and his request for additional rent control in the Town of San Anselmo. The road to hell is paved with good intentions. I encourage you to not make an emotional decision on the topic of rent control under the guise of “helping people”. The sad facts are that rent control does not work. Yes, for those in place it potentially slows the pace of rent increases below (in some cases) free market conditions. What is never talked about is the long-term impact which is:
-limits supply – leading to increased rents once a long-term resident vacates or forces a housing provider to take supply off the market permanently -Incentives fewer investments to maintain our housing stock - leading to dilapidated and outdated housing supply
-Newer resident moving in pay higher prices, effectively subsidizing current residents – doesn’t seem very equitable, does it?
If you need more proof rent control does not work, I point you to San Francisco. San Francisco instituted rent control in the late 1970s, even though the city is experiencing an exodus of citizens and its office vacancy rate is approaching 35%, San Francisco still has some of the highest rents in the nation.

Is this what you want for San Anselmo? I know record inflation is hurting everyone, but instituting rent control will have a very negative long-term impact on San Anselmo’s housing supply and the quality of its housing stock.

Rise above the emotional rhetoric of the Marin DSA and don’t fall victim and just say no to additional rent control for our community.

Thank you.

Aaron Reuter
Aaron Reuter
415-385-6947
715
From: PHILIP SALAVERRY
To: Town Council
Subject: Rent Control
Date: Tuesday, June 20, 2023 3:22:20 PM
CAUTION: External Sender
Dear Mr Mayor and Council,
My Name is Philip Salaverry, I live in Fairfax.

Supply and demand sets the price for everything, including the cost of rent in Marin.

Numerous studies show that Rent Control lowers in the number of rental units available and causes a rise in prices because it incentivizes owners to remove long term rental units from the market and convert them to condos or turn them into short term rentals like Airbnb.

Any new Rent Control ordinance(s) in San Anselmo will involve new rules, fees, and a new enforcement bureaucracy. Before embracing Rent Control, I strongly urge you to look at all the costs of implementation and make sure your citizens understand in detail what they are getting into.

Rent Control is a win for tenants that stay in their place over decades (sometimes until they die) but there are numerous losers too.

Many mom & pop housing providers rely on rental income to live their daily lives, put food on the table, pay for their kids college tuition, buy medication, etc. Many are seniors on fixed incomes, and many seniors and others live at or below the poverty line. Young families that purchased a duplex so that they can afford to live in Marin and raise their kids here will be impacted too.

Often, a person's home is their largest most important asset; frequently it’s tied to retirement and their plans to age in place. People spend decades saving so that they can live in Marin and to implement Rent Control without a thoughtful inclusive in depth process as happened in Fairfax will tear your community apart like it’s done in ours.

Something this momentous, something that affects all citizens should be brought before the people for a vote, not decided by 5 council members.

Thank you, Philip Salaverry
716
From: VICTOR TURKAN
To: Town Council
Subject: Rent Control
Date: Tuesday, June 20, 2023 2:22:50 PM
CAUTION: External Sender
Hi
We do not need more rent control. We need housing. The bottom line is there isn’t enough housing in SA.

We are not Fairfax or Larkspur, we are San Anselmo! Please let the citizens vote on any rent control ordinance. 2024 elections are just around the corner, so costs are minimal. Please let the citizens decide.

Thank you
Victor
Sent from my iPhone
717
From: Lynn Yetter
To: Town Council
Subject: Don’t get involved with rent control
Date: Tuesday, June 20, 2023 12:51:15 PM
CAUTION: External Sender
Hello Town Council of San Anselmo,
I’m begging you not to get involved with 2 rent ordnances that FAIRFAX has forced on homeowners and renters. In 2019 Governor Newsom set rent control.

Our TC has allowed DSA AND BERKELEY HOUSING TO TAKE CONTROL OF OUR TOWN.. AND FAIRFAX IS PAYING THEM TO MANAGE APPEALS. TALK ABOUT THE FOX IN THE HEN HOUSE! Do you realize that a sibling is not considered a family member? So if we died we could only rent to our children, parents or grandparents? But what if you don’t have those and only siblings? After you die.. How do your children get renters who rent rooms or parts of the house out of parents house ? Do the children have to immediately come up with thousands of dollars to make them move? If we die we would want anyone renting out within 24 hours. I wouldn’t want them going through our things. Only can get in with supervision to get their stuff out. Could your children pay out of pocket in 24 hours thousands of dollars? Plus it would have to have an appeal to DSA and town of SA.

Honestly no one should be able to have control over our homes. It’s horrific what’s happened to FAIRFAX. Many of us seniors live paycheck to paycheck and manage the best we can to hold onto our homes..

What do they want next the keys to your 25 year old car? WHATS MINE IS NOT YOURS UNLESS I VOLUNTARY GIVE IT TO YOU..

A DSA person in town already told me they shouldn’t have to work as hard as I did to live here… THEY WANT HAND OUTS AND ENTITLEMENTS.. OUR COUNTRY HAS THOUSANDS OF TOWNS TO LIVE . I know our daughter had to move back east!
We need roads repaired, the fire house needs updates and it looks like the town of Ross would rather pay a police officer to use as a crossing guard at the school than contribute to the 3 fire houses that are going to protect their property.

DO NOT MESS WITH NEWSOMS CALIFORNIA RENT CONTROLS SET IN 2019..

Lynn
Fairfax
Sent from my iPhone
718
From: Kim B
To: Town Council
Subject: Oppose Rent Control & Just Cause Eviction Ordinances Date: Friday, June 16, 2023 10:52:22 AM
CAUTION: External Sender
Town Council Members -
As a rental housing provider, I oppose the additional rent control and just cause ordinances.

We already have very strict State wide Rent Control and Just Cause evictions laws that have made it very difficult
for rental housing providers to stay in business.

Further restrictions will just force more mom and pop rental housing providers out of longterm rentals and into short-term rental business or sell.

Oppose this proposal that is being instigated and pushed by the Democratic Socialists of America.

Kim Burggraf
San Anselmo Rental Housing Provider
719
From: Gaylyn DeMartini
To: Town Council
Subject: We oppose rent control
Date: Monday, June 19, 2023 5:30:54 PM
CAUTION: External Sender
Dear Town Council,
As property owners in San Anselmo and San Rafael, we oppose additional rent controls. We are a small 'mom & pop' landlord that respects my tenants and maintains my properties. I do not raise the rent every year, in fact I have not increased my tenants rent since 2020 even though I have seen significant cost increases in insurance, property tax, water, electricity, and sewer rates, just to name a few. I try to keep my tenants rent stable and absorb some of these additional costs. Additional rent control beyond CAL AB 1482 is not necessary. If additional rent controls are put in place, I will be forced to raise my rent every year because the government has taken away my ability to manage my property income and expenses In addition, I just built an ADU to provide additional low cost housing in Marin and I feel like I have been duped because additional rent controls like the disastrous ones implemented in Fairfax will force me to remove my newly built ADU from the rental market because I couldn't afford just one bad tenant living on my property.

Rent control does not work - just look at Berkeley and San Francisco. I urge you to read 'Rent Control: Regulation and the rental housing market' for a data driven analysis of different rent control policies implemented in North America and how they were not successful, led to a reduction in rental units, led to deteriorating rental conditions, discouraged new rental constructions which causes an ever-diminishing opportunities for renters to find new and better accommodation.

Gaylyn De Martini - 415-218-1296
Michael Franz - 415-218-1297
Property:
5 Brookside Drive
San Anselmo, Ca 94960
720
From: lilyburn
To: Town Council
Subject: Rent Stabilization and Eviction Protection Measures - comment for meeting 6/21/23 Date: Tuesday, June 20, 2023 7:09:13 AM
CAUTION: External Sender
Dear Members of San Anselmo Town Council,
I am unable to attend the re-scheduled meeting on June 21st, so would like my comments on the need for rent stabilization and eviction protection in our town to be considered.

My husband and I have been renting in San Anselmo for 27 years, and in that time Marin County house prices have by my estimation quadrupled, while median incomes have not kept up. Talk to any staff member in a local store who is the main breadwinner of their household and almost none of them live in town; many drive long distances to come to work in a relatively low-paid, but essential job. It seems to me that our town is gradually becoming less economically diverse and that is unsustainable if we want people to continue working in town, and a great pity for all of us.

I work in a school not far from San Anselmo and, as a member of classified staff, my take-home pay is less than $2,000 per month. If I didn't have a life partner with a higher income, you can see that there is no way I could live here. My fellow classified staff at school who are the main earners of their families drive down from Petaluma and Novato, where rents are lower. Most teachers are in a similar position, especially those just starting out. When I hear from local friends about new rentals in town, I am astounded by the rents being asked for one- and two-bedroom dwellings.

It would be a great help to tenants in planning household budgets and feeling secure in their homes if rent stabilization measures and eviction protections were enacted in San Anselmo, and I ask for your support and work to make this happen. Please consider that a 5% increase in rent, which on the face of it sounds reasonable, results in a $150 per month increase on a $3,000 rental; it may not sound much to some in this town, but to those on low incomes, it represents a cart full of groceries for their families.

Thank you for your consideration.

Sincerely
Alison Double
721
From: Romeo Arrieta
To: Town Council
Cc: MAR Government Affairs Director
Subject: Rent Stabilization and Eviction Protection Measures, Item 3.4 on 6/21/23 agenda Date: Wednesday, June 21, 2023 2:40:11 PM
Attachments: image001.png
CAUTION: External Sender
Honorable Mayor Burdo, Council and Staff -
My name is Romeo Arrieta, I’m the CEO of the Marin REALTORS.

Established in 1920, our association of over 1,300 REALTORS serve a part of every community in Marin County.

I want to thank you for seeking input your residents and stakeholders before making potentially impactful decisions. I encourage you to keep reaching out to people who actively provide homes for renters in San Anselmo.

I urge you to avoid the same mistakes and unintended consequences of rent control and just cause eviction ordinances like those in nearby Fairfax. Those policies, however wellintentioned, are already having unintended negative impacts on “mom and pop” rental housing providers, homeowners and even renters.

Rental Property owners are now forced to:
think twice about offering a property on the rental market. pause projects such as adding ADUs that would add much-needed rental housing stock,
or considering selling their rentals once the current tenant’s lease is up. in fact, there are numerous documented examples of rental units taken off the market in Fairfax because of the punitive policies.

Fewer available units on the market harms renters
The Fairfax Ordinances have inspired repeal efforts at the ballot as was noted in the Marin IJ.

I encourage the council to avoid punitive “overcorrections” which would make providing rental housing more cumbersome, time-intensive, expensive, legally difficult, and making it increasingly difficult for housing providers to deal with problem tenants - even those who break the law on the property.

While there are several details to be sorted out, Larkspur’s thorough process has largely followed AB 1482, with the exception of a 7% cap instead of 10%. The Larkspur Council’s draft kept and expanded on many of the AB 1482 as well as adding ADUs and JADUS to the exempted properties list.

There are already robust state laws in place providing rent control and tenant protections under AB 1482 and they need time to work.
722
Rising costs affect everyone, including rental housing providers.

Rent control does not increase the number of rental units.

NOR does it lower anyone’s rent.

The desire to step in is admirable, but intervening in the rental market causes distortions that are worse than the root problem. Rents are high because there is more demand than there is supply. Any proposed cap or restriction on providers makes that problem worse.

In closing, we and our Association are willing to work with San Anselmo or any municipality on other housing solutions.

Thank you,
Romeo Arrieta, RCE, AHWD
Chief Executive Officer
Marin Association of REALTORS®
40 Mitchell Blvd. San Rafael, CA 94903
[email protected]
415.507.1011
723
From: Edward Cunningham
To: Town Council
Subject: Rent control and eviction
Date: Wednesday, June 21, 2023 9:08:34 AM
CAUTION: External Sender
As a longtime resident of San Anselmo and as a property owner and as landlord, I oppose any attempts to modify existing state law. Furthermore, I view any such attempts as almost punitive to property owners.

Respectfully,
Ed Cunningham
21 Lincoln Park
279 Greenfield Ave
724
From: Larissa Daniels
To: Town Council
Subject: Rent Control and Just Cause
Date: Wednesday, June 21, 2023 3:02:52 PM
CAUTION: External Sender
Dear Town Council,
Please do not follow Fairfax’s example with a 'Just Cause Eviction’ and ‘Rent Stabilization’ ordinances.

It will deteriorate our town and it will be very difficult to climb out of this once the damage is done. It won’t be today but in 10 years San Anselmo will no longer be this beautiful town, but one run down and abandoned by home owners as property values stay depressed while neighboring towns increase. Though people will want to rent in San Anselmo, no one will want to own.

Home owners and landlords will not be able to maintain their properties as rents are stagnant, however utilities, insurance and property taxes elevate and squeeze out operating cost.

Subleaseing and maximizing occupancy add to wear and tear to the building. Parking will be a mess.

As a result, like in San Francisco and Berkley you will see more and more buildings of deferred maintenance. A home that may need to be painted, won’t be and only health and safety issues will be addressed.

Pride in ownership will go away and many will choose to leave San Anselmo to live in town that has not been burdened by Rent Control and Just Cause Eviction.

You say this will bring in more housing? No developer will spend any money in San Anselmo to build new housing with these restrictions in place. It just does not make financial sense. Instead the only developer will be the government. The government is the only one who can afford to loose money on a property because the tax payer will bail it out. Government housing does not increase property values nor attract first time home buyers. Housing projects have a different flavor than apartment buildings.

Many small mom and pop landlords will ultimately sell out to larger institutions that retain legal staff to deal with the ordinances.

So I ask you all to please not vote for any further 'Just Cause’ or ‘Rent Stabilization’. Please keep rent control the way it is with the state mandated rent control of a maximum of 5% plus CPI.

Thank you for your time.

Sincerely, a concerned resident and property manager,
Larissa Daniels
725
Town Council Members
San Anselmo
Re: Rent Control
I own residen?al income property in San Anselmo. I am an 89-year-old small landlord. I raised my children in San Anselmo and have lived in Marin since 1963. As many “mom and pop” landlords I worked those years as an independent contractor. There were no pension or profit-sharing plans. Many of us chose to purchase rental property because it was something we could see, touch and thought we could manage. We know our tenants very well and typically keep our rents below market. Expenses, taxes, insurance, maintenance, and periodic major expenses, con?nue whether rents increase or not. All landlords are affected, but small landlords more. Those landlords who have mortgage payments are most affected. We already have rent restric?ons in California in AB 1482 that is enough. I understand we have outside organiza?ons pu? ng pressure on our town councils. We are your friends and neighbors. Please work with us and don’t let outside influencers tell you how to govern.

Most sincerely,
Dave Egan
Cell/text: 415-531-2869
Email: [email protected]
726
From: Anne & Eric
To: Town Council
Subject: Extra rent control
Date: Tuesday, June 20, 2023 8:09:59 PM
CAUTION: External Sender
Dear SA Town Council: Extra rent control such as was passed for Fairfax will backfire- I manage my mothers property in Fairfax and their new policies are making me strongly consider selling as the costs and risks outway keeping the unit (which is providing below mkt rate home to a Fairfax teacher) I dont make any profit though have had the home over 30 years- mom moved into nursing home and I needed to rent short term but with the laws a landlord is penalized for providing transitional housing. I also have a home in San Anselmo rented to a senior. Its our “age in place home” of the future so we hoped. Fairfax style laws make it prohibitive to be a landlord and will hurt renters. Single family homes and ADU owners should have more discretion than these arbitrary laws allow.

Dont pass these laws! They will backfire and make rental housing less affordable! San Anselmo Resident for 33 yrs, Anne Engert
Please delete and do not share this message if you are not the intended recipient. Thanks 727
From: Anna Frost
To: Town Council; Dave Donery
Subject: Letter regarding rent control discussion this evening Date: Wednesday, June 21, 2023 4:48:52 PM
CAUTION: External Sender
I apologize for the late delivery of this letter. I hope you have time to read it at some point.

Dear Councilmembers.

I write you as a housing provider and as a realtor. I also write as a believer and supporter of diverse economic housing opportunities. But I know from experience that in the long run, rent control does not help renters or keep rents down. More housing does. Rent control discourages investors and will negatively affect the retirement plans of our citizens who purchased properties for that purpose.

Without these people, where will rental properties come from? Egregious rent control and just cause eviction in San Francisco have created a relationship between providers and tenants that is like an unhealthy adoption where tenants receive large amounts of money to move out, compensation for higher rent in a new location, or the promise of moving back to an improved building for the same rent they may have been paying for many years. That’s a quick way to deteriorate a neighborhood as it discourages improvements or makes them unaffordable. I cannot think of another business that could survive this model. For those who say “We’re not going that far”, you can bet San Franciscans said the same thing 40 years ago.

Tenant-provider relations do not need to be adversarial. They can be built on shared needs, mutual respect, and a legal contract clarifying terms. Adding more regulations to the mix does not help.

California has statewide rent control, San Anselmo does not need more.

Sincerely,
Anna Frost
San Anselmo
728
From: Gita Honey
To: Steve Burdo; Eileen Burke Contact; Brian Colbert; Alexis Fineman; Tarrell Kullaway; Town Council Subject: just cause and rent stabilization ordinances
Date: Wednesday, June 21, 2023 1:16:05 PM
CAUTION: External Sender
To the mayor and council members of the town of San Anselmo, I understand that the town of San Anselmo is considering just cause and rent stabilization ordinance like the town of Fairfax. As you know, Fairfax landlords and residents want the ordinances repealed. Signatures have been collected to this end.

Housing in Marin is expensive - to buy or to rent. The price of rentals is controlled by supply and demand. The ordinances do nothing to increase the supply of rental housing, in fact, they disincentivize the creation of new rentals and repurposing of existing spaces to new rentals.

By restricting rentals, there will be less rental housing and the price to get into a new rental will be much higher.

These ordinances restrict the rights of homeowners, potential landlords and current landlords to maintain control of their space in terms of who they have living in their space and the amount of rent they can charge.

These ordinances affect every single living space in the town, the value of the property, and the actions that a homeowner can take.

By restricting rentals, first time home buyers will have less options to help them own and live in San Anselmo: Having a rental space as part of the property can help new owners afford their mortgage.

Mayor and Council members of San Anselmo,
Do not follow in the footsteps of Fairfax. They are extremely punitive to the landlords. We already have rent control in California. We don't need extra restrictions.

By their own admission, some members of the Fairfax Town Council were not aware of the details of the ordinances that they passed and their consequences.

I suggest that the San Anselmo mayor and the council members will read and analyze the entire Fairfax ordinances since they are considering copying Fairfax.

In short, we already have rent control and I don't want extra restrictions in San Anselmo.

Best,
Margarit Honey
729
From: Darvin Hosseinyoun
To: Town Council
Subject: [Marin Rent Control]: Opposition
Date: Wednesday, June 21, 2023 3:39:07 PM
CAUTION: External Sender
Hello,
I'm aware of the council meeting taking place tonight regarding the Marin Rent Control in a few towns within the county. I'm kindly writing to express my sentiments ahead of the meeting:

While I understand the intention behind such policies, I firmly believe that rent control would have detrimental effects on our local housing market and, ultimately, hinder our ability to address the pressing issue of affordable housing.

Rent control, despite its well-intentioned goals, often leads to unintended consequences that can harm both tenants and landlords. It restricts the ability of landlords to adjust rental prices according to market conditions, which can deter investment in property maintenance and new construction. Consequently, this can result in a shortage of available rental units and limit housing options for those seeking affordable accommodations.

Moreover, rent control discourages property owners from making necessary renovations or upgrades to their properties, as they may not be able to recoup their investments. This can lead to a decline in the quality of housing over time, adversely affecting the living conditions of tenants.

Additionally, potential landlords might be dissuaded from entering the rental market altogether, reducing the overall supply of rental properties and exacerbating the housing shortage.

There have been plenty of investments that we have done in Northern California that have improved housing, sustainability, and impact on our communities. These require reinvestment from the cashflow to maintain the integrity and charm that is Marin County. As a landlord representative, I'm here to share that rent control does not address the root cause and will deter further investment in Marin County. Additionally, the vendor contracts to maintain the integrity and operations have become more expensive as well. There are debt payments to be made on these assets as well.

Thank you for your consideration.

Darvin Hosseinyoun
--
Darvin Hosseinyoun
FH One, Inc.
1505 Bridgeway, Suite 125
Sausalito, CA 94965
Office: 415-729-9922
730
fhoneinvestments.com
NOTE: This email message contains PRIVILEGED and CONFIDENTIAL information and is intended only for the use of the specific individual or individuals to which it is addressed. If you are not an intended recipient of this email, you are hereby notified that any unauthorized use, dissemination or copying of this email or the information contained herein or attached hereto is strictly prohibited. If you receive this email in error, notify the person named above by reply e-mail and please delete it. Thank you. 731
From: Maria Kennedy
To: Town Council
Subject: Rent control
Date: Wednesday, June 21, 2023 12:35:28 PM
CAUTION: External Sender
I strongly urge the Council to proceed carefully if new rent controls are desired. Fairfax has become horribly divided on this issue.

I’m personally aware of several long time residents who will no longer offer rentals (rooms or units) because of tenants now having unreasonable control over the property. Many are low income elders themselves, the very people the pro rent control Council members purport wanting to help. They will now forgo the extra income their rental provided. If they sell their home, it obviously wont’t be a rental anymore, as it won’t work financially for a new owner.

The onerous new ‘controls’ are resulting in fewer rentals available in Fairfax, not more.

We hired an architect to draw plans for an ADU ourselves but stopped because of this issue.

I understand some Council members in both towns are impressed by the DSA. I urge Council members unfamiliar with DSA goals to read official DSA literature before aligning with this group.

Many of us are for more socialized medicine and transportation. But the DSA’s goal of ALL housing owned by the state is unappealing- especially to those of us who have lived in or visited countries with State owned/run housing. I don’t believe a Council member, or anyone else, gets to join the DSA and then cherry pick which tenets they support or not. The DSA is very clear about wanting to take homeownership away from the ‘capitalist’ class. I don’t think Fairfax or San Anselmo residents will go for this.

It’s also offensive, as long time residents of Marin, as working people- many of whom grew up low income- to suddenly be pitted against ‘the working class’ and called ‘exploiters’ because we offer rentals.

Ironically a few Fairfax Council members DO NOT rent out their empty bedrooms and are therefore NOT labeled exploiters. But a retired, low income senior who DOES offer a room for rent IS an ‘exploiter’? Really? Divisiveness seems to be popular in politics but I hope the Ross Valley towns can manage to avoid it and hold ourselves to higher and mentally healthier standards.

Thank you
Maria Kennedy
65 Oak Knoll Drive
San Anselmo
Sent from my iPhone
732
From: Kate Lyst
To: Town Council
Subject: rent control
Date: Wednesday, June 21, 2023 4:30:15 PM
CAUTION: External Sender
Dear San Anselmo Town Council,
I am writing to urge you to please pass rent control for San Anselmo.

It is vital that we make it possible for our teachers, service workers, artists, and other members of our community to stay here. I am a teacher and I am holding on by a thread to stay in this community. I work for and serve the students of Marin County, helping thousands of families and educating their children, yet I am at risk to have to leave. I have hundreds of friends and colleagues in similar situations. The rents keep being raised by exorbitant amounts every year.

People don't usually get a raise at their job every year. It is too much! I urge you to protect the fabric of this community. You don't want a city without any diversity. San Anselmo is becoming far too exclusive, and pushing out its everyday citizens. Please take a stand to support us! Rent control is the only humane option. Landlords should not be allowed to take advantage of their renters and fill their already bursting pockets with cash earned from the blood, sweat, and tears of their tenants. This situation just keeps getting worse and worse. I plead with you to take our situations seriously. Please help! I urge you to please move quickly and adopt strong rent stabilization and just cause eviction for our community! This impacts the well-being of a majority of residents in our county, and in our town. Please do the right thing, and help make this the inclusive, caring community we claim to be. Thank you for listening! Sincerely,
Kate Lyst Basu
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From: Cece Ritchie
To: Town Council
Subject: Fwd: Rent Control & extra rent control
Date: Wednesday, June 21, 2023 12:54:49 PM
CAUTION: External Sender
Dear San Anselmo Town Council,
I urge you to approach the issue of extra rent control, beyond Cal AB 1482 with great hesitancy. Please read my letter to the Fairfax town council below Thank you for your consideration.

Celine Ritchie, San Anselmo
From: Cece Ritchie <[email protected]>
Date: June 21, 2023 at 12:23:56 PM PDT
To: [email protected], [email protected] Subject: Rent Control & extra rent control
To Whom it may concern:

In regard to extra rent control in Marin County and Fairfax specifically, it will affect renters in a negative way. For instance, my family home since 1967 in Fairfax is now rented to my young adult children. Previously they had roommates who were becoming independent young adults and we provided them with very undermakret rental rate housing. Currently there are only two tenants and I have told them they are no longer allowed to have anyone else move in, because of the new rent control ordinance and the extra rent control ordinance being proposed.

The rent control ordinance has made the obstacles of renting to anyone too restrictive. If the two family members move out, we will probably take it off the rental market or sell the house as I would no longer want to deal with the Fairfax rental restrictions.

Please consider repealing the rent control ordinance and please do not add more restrictions.

Celine Ritchie
Sent from my I pad
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From: Sue Saunders
To: Town Council
Subject: Active Transportation Infrastructure comments
Date: Wednesday, June 21, 2023 12:38:25 PM
CAUTION: External Sender
Good evening town council members,
I hate to be a bummer boomer, but the extreme weather events across the country reveal the danger we are in because of the climate crisis. My daughter in Brooklyn was surrounded by wildfire smoke from the fires in Canada that are blowing smoke in many states in the US. Their firefighters have called them unstoppable. My oldest daughter in New Orleans is enduring temperatures of 110 degrees. Texas is again asking residents to conserve energy because the grid is in danger of crashing because of their unbearable temperatures. Hopefully, California will be spared another bad wildfire season.

It is with all of this in mind that I want to commend the 5% allocated for active transportation in the town budget. This is a tremendous step in reducing air pollution and greenhouse gas emissions. It will also lead to less vehicles on our roads and cars have issues. They occupy a significant amount of public space. This means more parking lots that could be parks, more street parking that could be used for walking, biking, and less outside space for people to gather. We saw how transformative it was for our town to have the creekside plaza during the pandemic. Tire tread pollutes the air and our waterways and automobiles create tremendous cost from the constant need to maintain roads.

It is not going to be easy to get people out of their cars to make this happen. Some of the things I would like to see happen are more bike lockers so people with $5,000 to $10,000 bikes feel safe riding their bikes to town. I’d like to see more bike infrastructure so people of all ages and abilities feel safe riding biking downtown, to Redhill, or to and from school. We are a car centric country so finding ways to make this change will require a significant amount of innovation and funding.

For the above reasons, I am asking you to consider a higher percentage of the budget to go to active transportation. It cuts down on air pollution and GHG emissions while providing residents with time outdoors which is a significant boom to mental health. I recently rode my bike to last Saturday evening on the avenue because both of our cars were in use. On the way home I was marveling at the sky because I rarely see it at that time of night. You cannot quantify the effect of connecting people to nature, but it makes people happier. I hope we remember that important fact on top of how getting out of our cars will slow climate change and lessen air pollution.

Thank you,
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Susannah Saunders
Chair of the San Anselmo Climate Action Commission
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From: MICHAEL SEXTON
To: Town Council
Subject: Fairfax and Larkspur Extra Rent Control Comparison and Discussion Date: Tuesday, June 20, 2023 8:50:13 PM
Attachments: San Anselmo City Council Letter 6-2022.pdf CAUTION: External Sender
Dear Town Council,
Please see the attached PDF for a perspective on what to expect with extra rent control for San Anselmo.

Thank you.

Michael Sexton
Director - Marin Residents
MarinResidents.org and FairfaxResidents.org
[email protected]
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Dear San Anselmo City Council,
In preparation for your discussion regarding extra rent control in Fairfax and Larkspur and a possible guide for extra rent control in San Anselmo, I would advise you to consider the actual ‘need’ for extra rent control vs the detrimental unintended financial consequences to homeowners, housing providers and renters. In addition, consider the non-financial consequences to the Town and your constituents.

When the Town Council of Fairfax imposed extra rent control in Nov 2022, many residents were caught off guard, because of the minimal outreach from the council. I wrongly assumed that there was a group of Fairfax renters who over a period of months got the Council to agree to their position, and also that the opposition to extra rent control was minimal. I was very wrong on both counts.

Over the past few months we have come to understand that Fairfax was targeted specifically as a beachhead for extra rent control in Marin, and that it was not a group of local renters, but primarily the Marin DSA and their Chair, Curt Reis (San Anselmo resident), supported by Leah Simon-Weisburg from the ACCE and Berkeley Rent Control Board whose stated mission it is to bring extra rent control into Marin. I was also delighted to realize that there were a number of concerned residents of Fairfax, San Anselmo and Marin who got together, formed a 510 c and a PAC to raise funds to educate around the issue of extra rent control. By educating the public on the MarinResidents.org and FairfaxResidents.org sites, we were able to rally support for the Keep Fairfax Fair Act with over 1092 registered Fairfax voters, to specifically allow the residents of Fairfax to vote themselves on the prospect of extra rent control in their town.

Whereas we are celebrating this milestone and the added scrutiny of and engagement with the Fairfax Town Council, we are also mourning the increase of divisiveness in the town that the Council and this issue has caused. We don’t want this to happen to you or your town and don’t believe you want it either.

Every town must address issues of housing as they see fit, but there are many adverse consequences for Councils that do not listen to the voices of their constituents. In Fairfax, according to a recent poll taken by the Marin Residents on NextDoor and our site, the confidence in the Fairfax Town Council has suffered greatly. 738
739
740
This indicates that about 88% of the respondents would favor a recall of the Fairfax Town Council.

Part of the drop in confidence of Council was due to how the issue of extra rent control was presented to the public. Still to this day, it is seen as starting with the presentation by the DSA to the Town Council in May of 2022. This couldn’t be further from the truth. Even before January of 2022, Curt Reis, DSA Chair, and Chance Cutrano and Stephaine Hellman aided by Leah Simon Weisburg (Berkeley Rent Control Board), and Legal Aid of Marin (Free Tenant Legal Representation) were working behind the scenes to write the extra rent control ordinances and develop the framework for implementation that would benefit both the Berkeley Rent Control Board and Legal Aid of Marin. There are copious emails from Jan-May of 2022 before the presentation. Here is one example:

From: Curt Ries
Sent: Sat, Jan 22, 2022 12:27 AM
To: Chance Cutrano <[email protected]>; Stephanie Hellman <[email protected]> Cc: Kyle amsler ; Christopher perrando ;
Maegan.mattock
Subject: Fairfax Draft Ordinance
Hi Stephanie and Chance,
Thanks for the great meeting this morning.

Here is the draft ordinance for Fairfax. (ed. Ref to ACCE - Fairfax Model ordinance) It's format is modeled on Ordinance No. 829, the "Just Cause Evictions" ordinance. It's also formatted as though we would simply be adding a new chapter to the town code, rather than amending an existing chapter. As we discussed, what route we end up taking there is still to be determined, but this approach is much cleaner, allowing you to more easily view the content and structure of the ordinance.

Please let us know if you have any questions and when you might want to put a meeting together with Leah Simon-Weisburg.

Thanks again,
Curt
The reason to bring up the Fairfax origins is that there are questions in regards to the origins for the San Anselmo concern for extra rent control:

From: Curt Ries
Sent: Tuesday, April 5, 2022 4:59 AM
To: Alexis Fineman
Cc: Steve Burdo; Chance Cutrano; Stephanie Hellman; Kyle Amsler; Maegan Mattock Subject: Re: Meeting with Katie Rice re: Rent Control
Hi all,
Apologies for the delay.

Alexis: We're thinking that reaching out shortly after the SA council meeting on 4/12 would probably be best, as then the issue will have been officially/publicly raised in both towns and we'll have a better sense of where we strategically stand in SA. Does that sound right to you and Steve? Stephanie: Do you have any thoughts on whether it makes more sense for you or Alexis to be the one to reach out to Katie Rice when the time comes? I think the idea is to make a joint request on behalf of both towns with Both mayors/vice-mayors included, so I'd say this is mostly a matter of expediency/existing relationships.

Thanks, Curt
On Tue, Mar 29, 2022 at 8:12 AM Alexis Fineman wrote:

Hi Everyone,
Curt, I'm wondering if it makes sense to reach out after the next SA council meeting, or before? I would be happy to reach out or accompany Stephanie in doing so! 741
Thanks,
Alexis
—---------------
On Mon, Mar 28, 2022 at 9:02 PM Curt Ries wrote:

Hi everyone,
Alexis and Steve: Stephanie and Chance both liked the idea of requesting a meeting with Supervisor Katie Rice in order to ask her to publicly come out in support of the proposed rent stabilization ordinances in both Fairfax and San Anselmo.

I think the next thing we need to decide is who should reach out and ask for the meeting. I would suggest a council member (rather than one of our campaign organizers) initiate outreach, since you all will be the ones ultimately asking her to step up her public support. Also, Leelee Thomas from the county suggested that a supportive council member be the one to reach out next time if we wanted to prioritize getting a meeting.

Do one of you have a strong existing relationship with Katie Rice? Might it make sense for either Alexis or Stephanie to reach out as a mayor?
2 Let us know what you think. And if we need a brief internal meeting ahead of our call with the supervisor, let us know and we can try to schedule something.

Thanks,
Curt
In addition, there is a concern that the DSA has undue influence in affecting the outlook of the Council in this matter.

As publicly submitted and available on SA June Agenda Meeting from the DSA to the San Anselmo Town Council:

From: Curt Ries
To: Steve Burdo; Eileen Burke Contact; Brian Colbert; Alexis Fineman; Tarrell Kullaway; Dave Donery Cc: Town Council; Serge Avila; Leah Simon-Weisberg
Subject: Rent Control & Eviction Protections - Staff Report Errors Date: Monday, June 12, 2023 10:44:06 PM
CAUTION: External Sender
Dear San Anselmo Town Council Members and Town Manager:

My name is Curt Ries, I am a San Anselmo renter, a Co-Chair of the Marin Democratic Socialists of America (Marin DSA) and a lead organizer on the campaign to establish rent control in Marin, including in Fairfax, Larkspur, and San Anselmo.

Thank you for taking up the issues of rent stabilization and just cause eviction protections.

These policies are desperately needed to keep ordinary working people in their homes and in our community.

Over the course of working on these issues for nearly two years, I’ve become quite familiar with the relevant state laws (AB-1482 and Costa-Hawkins) governing what local jurisdictions can do in relation to rent control and just cause eviction protections. I appreciate the June 13th staff report on these matters but believe there are a couple of factual errors that are important to address.

1. The staff report states in its summary of existing state laws that, “Rent control that results in lower rental increases than 5%+CPI/10% for buildings at least 15 years [old] is allowed.” Costa-Hawkins prohibits all local rent control from being applied to rental units with a certificate of occupancy issued after February 1st, 1995. That means that units constructed after 1995 but that are more than 15 years old may still not be subjected to local rent control that exceeds AB-1482’s cap of 5%+CPI/10%. Here’s the relevant code from CostaHawkins:
1954.52. (a) Notwithstanding any other provision of law, an owner of residential real property may establish the initial and all subsequent rental rates for a dwelling or a unit about which any of the following is true:
(1) It has a certificate of occupancy issued after February 1, 1995.

2. The staff report states in its summary of existing state laws that, “Condominiums, singlefamily homes, and buildings with two units one of which is owner-occupied, may not be rent-controlled.” The staff report then goes on to estimate the number of rental units that 742
may potentially be impacted by rent control and presents a table that “...describes the number of properties with three or more units and four or more units…” Costa-Hawkins prohibits local rent control from being applied to single-family homes and condominiums, but it does not prohibit local rent control from being applied to duplexes, including owner-occupied duplexes. AB-1482 exempts owner-occupied duplexes from its extremely weak form of statewide rent stabilization, but local jurisdictions are free to include them. According to 2021 US Census data, there are approximately 192 renter-occupied housing units in 2-apartment structures (i.e., duplexes) in San Anselmo, accounting for

12.3% of all rental units in town. We hope these units will be included in the council’s deliberations regarding rent control in San Anselmo. There is nothing in state law that exempts them.

Copied on this email is Leah Simon-Weisberg, Legal Director of the Alliance of Californians for Community Empowerment (ACCE) Institute, Adjunct Professor of Law at UC Law, and Chair of the Berkeley Rent Board. She shares my assessment of the two provisions above and would be happy to act as a resource for staff and/or council members as this conversation develops. She has already been an invaluable resource for council members and staff in both Fairfax and Larkspur.

Thank you again for taking on this critical issue. Please move forward as quickly as possible to adopt strong rent control and just cause eviction protections that will keep San Anselmo renters in our homes and in our community.

Thank you,
Curt Ries
The questions that you have to discuss, deal with what are the benefits of extra rent control beyond the existing statewide rent control - CA 1482, and is this extra rent control worth the ill effects on your constituents?
As an organization, we look forward to your discussions and informing the concerned citizens of San Anselmo and Marin as to the outcome.

Thank you.

Michael Sexton
Marin Residents Chair.
[email protected]
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From: Andrew Tam
To: Town Council
Subject: Town of San Anselmo Rent Control Letter of Support Date: Wednesday, June 21, 2023 2:23:34 PM
CAUTION: External Sender
To Whom it May concern,
My Name is Andrew Tam, I’m a current resident of the Town of San Anselmo and I’ve been here since 2014. Our Building was recently purchased and I’ve noticed that Rents and Utility changes have been fairly aggressive with our new Landlords.

I’m writing because I really love the community that I currently live in and this big corporation that has purchased our building and many others in the area may risk pushing out myself and the great neighbours I live with with these extremely aggressive Rent and Utility charges.

I’ve been on the receiving end of a 10% rent increase and I’m aware some of my neighbours have not. But, in just a few short years if this continues at 10% per year, this would most likely push out my neighbours and myself from this community I have been living in for the past decade and for some of my neighbours 2 decades.

I personally am not seeing a 10% increase in my base salary from my job per year, and I believe that it’s very important especially in these times of high inflation and coming out of the pandemic where many people have lost their jobs and potentially their main source of income that the Town of San Anselmo takes a step to help the community get back on their feet instead of sitting idly while these large rental companies that have no vested interest in this community push out the residents that actually make up this great town out from their affordable homes.

I unfortunately am working down on the peninsula today or I would loved to have joined in the Council meeting where this Rent Control discussion is being held. But I’d like to put this Letter of Support towards Keeping Rents Affordable in front of the council members.

If you have any questions or if I can be of any assistance please contact me my email is:

[email protected].

Thanks for your time,
- Andrew -
--
- Andrew -
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From: norm weintraub
To: Town Council
Subject: Rent Control and Just Cause eviction
Date: Wednesday, June 21, 2023 7:58:23 AM
CAUTION: External Sender
To the town Council,
We are writing to you to implore you to not take the extreme measures that Fairfax has regarding rent control and just cause eviction.

As a lifelong residents of Marin county and property owners for over 40 years, as well as a landlords, we have to express our serious concern at the one sidedness of these proposed ordinances. While rents may appear to be going up int the county, nobody seems to recognize that the property taxes go up as well, among other costs regarding home ownership…property insurance, property maintenance, general costs of plumbers, roof repair etc.

This list is long and the landlord absorbs it all. We have had tenants for long stretches of time, 10, 18 years, easy relationships, as we have always favored long term tenants, and have always kept our rents 30% below the market rate. But nobody seems to talk about the many landlord scenarios like ours…we know of many of these thru out Marin. We, the mom and pop landlords get folded into the mix of corporate housing practices, or huge apartment complexes like Skylark in Larkspur, and THEIR issues and mishandling of tenants and rents suddenly vilifies ALL landlords as a whole.

The state of California already has some of the most strict rent control and favorable tenant rights in the US. Why are the landlords being held accountable for something that should be remediated at a federal level? Our towns seem to be under the influence of outside groups with interests that benefit themselves only. May we remind that without the considerable investment by the landlord, there are no properties to rent. Many of us have worked years, and still continue to work daily to maintain our property, including our rental property. This is an investment vehicle AVAILABLE to any in the US, and as such, we can not afford to have this removed from our income. It is curious how nobody is asking folks who have their investments in the stock market to reduce their monthly income, or to cap their potential return. Nobody imposes the local restaurants to cap the price of their entrees or the local plumbers to reduce their fees.

As we write this, we are aware of many investors and local landlords who are selling or removing their rental properties from the market. This will cause an additional shortage of rentals in Marin. The exact opposite that these extreme measures seek to control. There are many examples of rent control areas in California that have become wastelands of neglect, poor rental conditions, or a general destabilization of neighborhoods.

Please recognize these extreme measures for what they are, one sided and short sided.

Nuria Sthymmel
Norm Weintraub
Please include this in the public record
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From: Nicole Heslip
To: Town Council
Cc: [email protected]
Subject: Rent Control in San Anselmo
Date: Wednesday, June 21, 2023 6:21:10 PM
CAUTION: External Sender
Dear San Anselmo Town Council,
I'm writing to express my enthusiastic support for rent stabilization and just cause eviction protections in San Anselmo, where I'm a longtime resident. My rent is increasing to a point where I may need to leave Marin, where I have lived most of my life, because San Anselmo has some of the highest rents in the entire country.

Home prices are $1 million plus - so my only option is to rent. Several of my friends have sadly been forced out of the county because of skyrocketing rents.

It just doesn't make sense to pay more than 30% of income on rent, which more than half of San Anselmo renters have to do. Rent increases have been outpacing wage increases for decades.

San Anselmo prides itself on being welcoming and inclusive. But if nothing is done to stabilize rents and protect our diverse, working-class tenants, then it will quickly become a town that’s only available to the wealthy and privileged.

Please, please -- move quickly to adopt strong rent stabilization and just cause eviction ordinances. Rent control and just cause eviction protections are commonsense, time-tested policies that will keep families in their homes and provide real housing security for thousands of San Anselmo renters. Putting a cap on rents and establishing renter protections will make a huge difference for so many of us who need it.

Thank you so much for your consideration of this extremely important matter.

Sincerely,
Nicole Heslip
San Anselmo resident
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