Whoever proposed this change did not do their homework, visit our street, or communicate with us. Think about what you are proposing as if you lived on West Hillside Ave.
Sincerely,
Bob Wisner
1369
Jan Bolgla
P.O. Box 2872
San Anselmo, Ca 94979
Dear San Anselmo City Council,
I write this letter to address the proposed zoning change of 5 West Hillside Ave (APN#006-172- 02/lot 25) to C1… that I was not notified about and it borders our property. This change makes no sense for many reasons.
1. This property has no easement to West Hillside Ave or any other access.
2. This road is not a major arterial road.
3. This is not a stable hillside.
4. There is a slide on the adjacent property.
5. It is an undevelopable piece of property.
If this change is made it would negatively impact the residents of West Hillside Ave. West Hillside Ave is currently comprised of 5 residences and is a single lane, one car, non-citymaintained road with blind turns, and no turn-outs. Quadrupling the units will increase traffic, reduce safety, and add unknowable maintenance cost borne by the residents…NOT THE CITY.
Also, Spring Grove Ave, which is the cross street, is a one lane, one car road that cannot sustain the increased traffic if this change is made. Do the right thing for our neighborhood.
Thank you,
Jan Bolgla
1370
From: Ronnie Bogart
To: Town Council
Subject: Town Council Meeting -- Agenda Item 2.2, Attachment 5 Chapter 6 -- Housing element Date: Tuesday, July 25, 2023 3:10:00 PM
CAUTION: External Sender
If an occupied property has been identified as suitable for redevelopment, what does that mean for the current owner? At what point will they be advised and will there be opportunity to contest any plans to redevelop the property.
Regards,
Ronnie Bogart
6 West Hillside Ave
1371
Item #: 3.1
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 3.1
MEETING DATE: July 25, 2023
AGENDA TITLE: Update on Proposed Process to Solicit Public Input on Options for Tenant Protections
FROM: Administration
RECOMMENDATION
That the Town Council receive a report regarding the proposed public engagement process addressing options for tenant protections in San Anselmo and provide direction to staff.
BACKGROUND
At the June 21, 2023 San Anselmo Town Council meeting staff presented a report outlining existing state laws related to tenant protections and updated the Council on efforts in Fairfax and Larkspur to develop local rent stabilization and eviction protections rules. After a discussion that included public input, the Council directed staff to return with a plan for a public engagement process and to bring the results back to Council for discussion and direction.
For the purposes of this report and throughout the public engagement process and Council discussion, staff will use the term “tenant protections” when referring to rent stabilization and eviction protection options. These categories represent the two primary tools used in tenant protection ordinances.
DISCUSSION/ANALYSIS
The purpose of this report is to outline a proposed process for community engagement, including public forums and Council hearings, and to allocate funding for outreach costs. Staff have convened an internal working team (“team”) to develop and execute the proposed engagement process. This team, led by the Town Manager, includes the Planning Director, Deputy Town Attorney, Community Engagement Coordinator, Finance and Administrative Services Director and the Town Clerk. 1372
Item #: 3.1
Public Engagement Plan
Public Forums and Town Council Public Hearing
Staff proposes holding two community forum meetings, one designed to hear from tenants and the other designed to gather input from property owners. The forums would be facilitated by the team and will provide information on existing state laws around tenant protections, local and regional examples from other municipalities of local tenant protection ordinances followed by taking and recording public comments and input. If approved, these would be hybrid meetings which would allow for both in-person and online participation through Zoom.
Staff propose holding a public hearing at a Town Council meeting following the completion of the two public forums. At this meeting staff will present the input received at the public forums, provide analysis of the data and take direction from the Town Council regarding next steps.
Staff proposes the following schedule for these meetings:
1) Tenant-Focused Public Forum -Thursday, September 14th 2) Landlord-Focused Public Forum – Thursday, October 5th 3) Town Council Public Hearing – Tuesday, October 24th
Public Notification
One of the most challenging tasks affecting participation in engagement activities is developing a comprehensive information delivery plan. Staff proposes taking the following steps to ensure that San Anselmo residents, tenants, and landlords receive information regarding the opportunities to provide input at the public meetings:
Develop and send a postcard to all SA residences plus out of town landlords announcing public meetings
Develop webpage with updated information regarding the Town’s tenant protection discussions
Place notice about public process in multiple weeks of the Town Manager’s Newsletter including standalone releases the week of each meeting Notification poster placed on Town Hall bulletin board Send media press release
Staff an informational table at one or more Live on the Avenue events Staff considered the development on an online poll as an alternate means of soliciting input but decided that without an opportunity to limit the comments to San Anselmo residents and landlords, any data from an online poll may not be useful. 1373
Item #: 3.1
FISCAL IMPACT
In addition to staff and attorney time, staff estimates hard costs for the public engagement process will include the design and mailing of a postcard to all addresses in San Anselmo and to landlords residing out of town to be approximately $3,000. In addition, staff requests a budget of $200 for materials needed to record public comments along with other administrative needs.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
This discussion regarding a public engagement process is not considered a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).
ATTACHMENTS
Attachment 1- June 21, 2023 Presentation
Attachment 2- June 21, 2023 Staff Report
1374
RENT STABILILIZATION AND
EVICTION PROTECTIONS
June 21, 2023
1 ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1375
OUTLINE
1. Existing State Laws
2. Town of Fairfax
3. City of Larkspur
4. Living Unit Impact in San Anselmo
2 ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1376
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.
ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1377
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 ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1378
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 ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1379
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 ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1380
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 ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1381
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
ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1382
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
ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1383
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 ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1384
CITY OF LARKSPUR
Process (continued)
May 8 and May 22, 2023 – Council holds public hearings to discuss rent stabilization and eviction protections
11 ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1385
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
ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1386
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
ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1387
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
ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1388
CONCLUSION
• Questions or Comments
• Next Steps
15 ITEM 3.1 - ATTACHMENT 1
ITEM 3.1 - ATTACHMENT 1
1389
Item #: 3.4
STAFF REPORT
TOWN OF SAN ANSELMO Item #: 3.4
MEETING DATE: June 21, 2023
AGENDA TITLE: Update on Rent Stabilization and Eviction Protection Efforts in Marin County
FROM: Administration, Planning, Legal
RECOMMENDATION
That the Council receive an update on rent stabilization and eviction protection efforts in Fairfax and Larkspur and provide direction to staff
BACKGROUND
In the spring of 2022, the Town Council requested that staff return to a future Town Council meeting to report-out on the Town of Fairfax’s rent stabilization and eviction protection discussions, process and programs. The process for the Town of Fairfax culminated in the approval of two ordinances in November of 2022 (Attachments 1 and 2). Details regarding this process and its outcomes are detailed below.
During the summer of 2022, based on requests from a local tenants association, the City of Larkspur began discussions regarding rent control. A draft rent stabilization ordinance along with discussions regarding tenant protections were presented to the Larkspur City Council on May 8,2023. The staff report and draft ordinance from this public hearing can be seen in Attachment 3. The Larkspur City Council held a second public hearing on May 22, 2023 that included sample ordinance from other jurisdictions.
These can be seen on Attachment 4. Details regarding the Larkspur process and its outcomes are detailed below.
In this report, staff intends to provide the following:
1. The landscape of current state laws related to rent stabilization and eviction protections.
2. Updates on rent stabilization and eviction protection discussions, processes and decisions in the Town of Fairfax and the City of Larkspur.
3. The number of living units potentially impacted by rent stabilization and eviction protection efforts in San Anselmo.
ITEM 3.1 - ATTACHMENT 2 ITEM 3.1 - ATTACHMENT 2
1390
Item #: 3.4
DISCUSSION/ANALYSIS
When discussing local rent stabilization and eviction protection options in San Anselmo, it is important to understand what is currently in place at the State level:
State of California Tenant Protection Law Summary
State law governs certain tenant protections and places limitations on local rent control and tenant protection ordinances. Two main laws govern rent control, described in more detail below.
1. Tenant Protection Act (AB 1482): The Tenant Protection Act of 2019 imposes State-wide rent control for properties that are least 15 years old; contain at least 2 units; and were not already subject to a local rent control ordinance. Exemptions include condominiums, single-family homes, and structures with two units one of which is owner-occupied.
Annual rent increases are capped at 5% plus local inflation (tied to the Consumer Price Index) or 10%, whichever is lower, for properties that are at least 15 years old. Within the cap, a landlord may increase rent twice per year. There are no limitations placed on initial base rents upon a change in tenant, and the landlord may set the new rent at market-rate.
In addition, the Tenant Protection Act requires landlords to show “just cause” (e.g., failure to pay rent or explicit lease violation) prior to evicting a tenant that has resided on the property for at least one year. Tenants must be given the opportunity to cure prior to eviction. A landlord may evict a tenant for limited “no-fault” reasons including: 1) if the landlord or family intends to occupy the unit; 2) the landlord is withdrawing the unit from the rental market; 3) a government or court requires the property be vacated; or 4) the landlord intends to demolish or substantially remodel the property.
The rules in the Tenant Protection Act are not governed by any State or local authority, but rather are enforced through private litigation. Municipalities may continue to adopt local rent control ordinances at any level for properties constructed prior to 1995, consistent with the Costa Hawkins Act (below). Local jurisdictions may also adopt rent control that results in lower annual rent increases than the 5% + CPI/10% maximum in the Tenant Protection Act.
2. Costa-Hawkins: The Costa-Hawkins Rental Housing Act of 1995 (Civil Code, §§ 1954 et seq.) prohibits local rent control on units built after 1995. Separately alienable units, such as condominiums and single-family dwellings, are exempt. Local rent control may be imposed on units constructed before 1995.
In addition, Costa Hawkins generally requires that a landlord have the ability to reset the rental rate on a rent-controlled unit when it becomes vacant or when the rent-controlled tenant no longer permanently resides at the unit (i.e., has a subtenant).
ITEM 3.1 - ATTACHMENT 2
ITEM 3.1 - ATTACHMENT 2
1391
Item #: 3.4
3. Summary. 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. 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%.
Condominiums, single-family homes, and buildings with two units one of which is owner-occupied are not subject to rent control regulations. Landlord may set base rent at market rate upon change in tenancy.
Online Resources Concerning Rent Regulation
California Tenants – A Guide To Residential Tenants' and Landlords' Rights and Responsibilities: https://landlordtenant.dre.ca.gov/resources/guidebook/index.html Summary of AB1482 – Tenant Protection Act:
https://sfrb.org/article/summary-ab-1482-california-tenant-protection-act-2019 Tenants Together Tool Kit for AB1482:
https://actionnetwork.org/user_files/user_files/000/036/428/original/TT_AB_1482_Toolki t.pdf?link_id=1&can_id=3710757622930a4a8ff2ea10f2dd5792&source=email-newtoolkit-know-your-rights-under-ab-1482-rent-cap-evictionprotections&email_referrer=email_658492&email_subject=new-toolkit-know-your-rightsunder-ab-1482-rent-cap-eviction-protections California Apartment Association AB1482 Webpage:
https://caanet.org/topics/ab-1482/
Costa-Hawkins Rental Housing Act:
California Civil Code 1954.50 et seq.
The Ellis Act:
California Government Code 7060. et seq.
The California Tenant Protection Act of 2019 (AB 1482):
Civil Code 1946.2., 1947.12 and 1947.13
Local Rent Stabilization Tenant Protection Efforts
Below are summaries of rent stabilization and eviction protection effort and outcomes in the Town of Fairfax and the City of Larkspur.
ITEM 3.1 - ATTACHMENT 2
ITEM 3.1 - ATTACHMENT 2
1392
Item #: 3.4
Town of Fairfax
At their meeting on March 2, 2022 the Fairfax Town Council received a presentation on rent stabilization from the Marin Democratic Socialist of America. At their meeting on May 4, 2023, the Fairfax Town Council directed staff to ”Direct Town resources to review and draft a rent stabilization ordinance, and direct staff regarding which recommended option to pursue at this time”. At their meeting on September 7, 2022, the Fairfax Town Council held a rent stabilization and just cause eviction forum. At their meeting on September 21, 2023, the Fairfax Town Council introduced ordinances amending Title 5 of Fairfax Town Code Chapter 5.54, Just Cause Evictions, and Chapter 5.55, Mandatory Mediation for Rental Increases, with a Rent Stabilization Program. At a special Town Council meeting held on October 11, 2022, the Fairfax Town Council reintroduced the two ordinances with changes based on comments form the previous discussion.
The Fairfax Town Council adopted two ordinances to create a rent stabilization and just cause eviction program at their November 2, 2022, Town Council meeting. The Town of Fairfax Rent Protection webpage states, “Although these new ordinances are in effect, their provisions will not be implemented until sufficient agreements for support have been approved by the Town Council. Upon approval, the Council will set an implementation date by resolution.”
A summary of the Rent Stabilization and Just Cause Evictions Ordinances is below. The full text of the ordinances can be found on Attachment 1 and Attachment 2.
Rent Stabilization:
The provisions of the Chapter apply to all properties in Fairfax that are hired, rented, or leased to households, including various types of dwelling units. o There are exemptions from the provisions, such as rental units in hotels, certain institutional facilities, government-owned units, units with affordable rent restrictions, and other exemptions listed in the definition of stabilized rental units.
The Chapter establishes the stabilization of rents and allows for a reasonable return for landlords. Base rent is determined based on the rent in effect on a specific date, and annual general adjustments to rents are made based on the Consumer Price Index. Petitions can be filed for individual adjustments, and a hearing procedure is outlined.
o Beginning on the effective date of the Chapter, no landlord shall charge rent for any Stabilized Rental Unit in the amount greater than the rent effect for that unit on February 2, 2022, except for increases expressly allowable in this Chapter.
ITEM 3.1 - ATTACHMENT 2
ITEM 3.1 - ATTACHMENT 2
1393
Item #: 3.4
o 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.
o 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). o In no event shall the Annual General Adjustment be less than 0% nor greater than 5%.
The Town Manager or Town Council has the authority and duties to establish base rent, make adjustments in rent increases and decreases, set rents at fair levels, issue orders and regulations, conduct hearings, and collect fees. The Town Council can issue rules and regulations to further the purposes of the Chapter, and they must be publicized on the Town's website. The Town Manager may publicize the rental housing program to educate residents about their rights and duties as landlords and tenants. A brochure will be prepared and made available to the public, and each tenant should receive a copy from their landlord.
Landlords are required to pay a rental housing fee, and failure to report or pay the fee may result in withholding of rent by tenants or a complete defense to an unlawful detainer lawsuit.
Upon receipt of a petition by a Landlord and/or Tenant, the maximum allowable rent of individual stabilized rental units may be adjusted upward or downward. o 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 and provide a copy of the petition.
o A hearing examiner appointed by the Town Manager shall conduct a hearing to act upon the petition for individual adjustment. o Any person aggrieved by the decision of the hearing examiner may appeal to the Town Council acting as the Appeal Board.
o 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 30 days have expired.
Just Cause Evictions:
This chapter outlines the applicability and exemptions of rental property regulations. It applies to all properties in Fairfax that are rented or leased to ITEM 3.1 - ATTACHMENT 2
ITEM 3.1 - ATTACHMENT 2
1394
Item #: 3.4
households and used for residential purposes. This includes multifamily dwellings, single-room occupancy structures, and residential structures used for non-conforming purposes. However, there are certain exemptions to these regulations.
o Exemptions include rental units in hotels, motels, and inns that are primarily rented to transient guests for less than 30 days unless specific conditions apply. Rental units in certain institutions like hospitals, convents, and dormitories owned by accredited educational institutions are also exempt. Additionally, rental units fully owned, operated, and managed by government units or agencies are exempt if federal or state law exempts them from municipal rent stabilization. Rental units subject to legally binding restrictions that limit the rent to an affordable amount are also exempt.
The chapter also specifies the grounds on which a landlord can terminate a tenancy. These grounds include failure to pay rent, breach of lease terms, nuisance, refusal to give access to the landlord, temporary vacation for substantial repairs, owner move-in for the landlord or their relatives, and eviction protection for elderly, disabled, or terminally ill tenants. Certain conditions and procedures must be met for each ground of termination.
o A Landlord seeking to recover possession under this section 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 relocation.
o Any Tenant household that, at the time of notice of intent to withdraw the rental unit includes a tenant who is 62 years of age or older, 17 years of age or young, Disabled, or certified as being terminally ill by the Tenant’s treating physician shall be entitled to receive an additional payment of $3,000.
If a tenant is displaced from their rental unit for renovation work lasting 30 days or less, the landlord must provide short-term relocation payments to the tenant.
The tenant can choose to receive these payments or not, but if they do, they are still obligated to pay the rent in effect when they vacated. If the displacement lasts longer than originally notified, the landlord must pay additional relocation expenses on a weekly basis.
The landlord must pay specific amounts to the tenant for each day of displacement, including hotel accommodations, meal expenses, laundry, and pet accommodation. These amounts are subject to yearly adjustment based on the CPI increase.
ITEM 3.1 - ATTACHMENT 2
ITEM 3.1 - ATTACHMENT 2
1395
Item #: 3.4
o The Landlord shall pay the Tenant:
Hotel or Motel accommodations: $168.15 per household
Meal expenses: $33.85 per occupant
Laundry: $1.12 per household
Pet accommodation: $32.73 per cat and $58.69 per dog
If the landlord fails to provide relocation payments, the tenant has the right to pursue a civil action to recover the entitled amount.
The document also covers provisions related to the re-rental of units within certain time periods after withdrawal, extensions of tenancy for elderly or disabled tenants, demolition restrictions, and reporting requirements for landlords and the town manager.
o Re-Rental of Rental Unit within Two Years – 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.
o The Town Manager may institute a civil proceeding against any Landlord who has re-offered a Rental Unit for Rent or lease for exemplary damages for the displacement of Tenants. Any action shall be brought within three years of the withdrawal of the Rental Unit.
o 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. o Re-Rental of Rental Unit within Five Years – The Rental Unit shall be offered and rented or leased at the lawful Rent in effect at the tie any notice of intent to withdraw the Rental Unit is filed with the Town Manager, plus annual adjustments available.
o Re-Rental of Rental Unit within Ten Years – A Landlord who offers a Rental Unit again for Rent or lease within 10 years from the date on which it is withdrawn, 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.
ITEM 3.1 - ATTACHMENT 2
ITEM 3.1 - ATTACHMENT 2
1396
Item #: 3.4
City of Larkspur
During the City of Larkspur’s July 20, 2022, City Council meeting public comment period, several speakers representing the Skylark Apartment Tenant’s Association asked the Council to consider adopting a rent control ordinance. The City Council created an ad hoc committee at the August 3rd meeting to consider options surrounding rent control and report back as a standing item on future agendas.
The Ad Hoc committee held separate forums for renters and landlords in September and October to gather information.
At the January 11, 2023, City Council meeting there was a workshop to review rent regulation, rental assistance, and eviction protections. After public comment and Council discussion, Council directed the Ad Hoc committees to continue meeting and investigating these topics for continued discussion at a future City Council meeting.
In March 2023, the Council of Larkspur transitioned from exploring the topics to preparing specific terms and regulations. On May 8 and May 22, 2023 the Larkspur City Council held public hearings to discuss rent stabilization and eviction protections.
Below is a summary of the draft ordinances for Rent Stabilization and Eviction Protections that the City of Larkspur is exploring and reviewing (Attachments 3 & 4).
Rent Stabilization
The draft ordinance includes provisions for local rent stabilization with a rent increase ceiling (cap), a fair return application process for landlords to appeal the cap, and a final determination by the City Manager or designee. o City Council voted to approve the cap at 5%+CPI (All Urban Consumers in San Francisco-Oakland-Hayward, CA Area) or 7%, whichever is lower at the May 22nd meeting.
The draft ordinance also outlines the properties that would be exempt from rent stabilization regulations, such as single-family homes, owner-occupied duplexes, and affordable housing with a deed or regulatory restrictions. o The current draft of the rent stabilization regulations would apply to the same properties as the Tenant Protection Act. In addition, there was consensus among the City Council to exempt Accessory Dwelling Units (ADUS) and junior accessory dwelling units.
Right to fair return application process by which a landlord can appeal to exceed the cap. The process would involve notice to all affected tenants to provide an opportunity for them to comment on the application. The draft ordinance delegates authority to the City Manager and staff to review the application with the use of experts in the economics of rental properties. The current draft before the City Council states the determination of the City Manager or designee is final and not subject to appeal. If the party is not satisfied ITEM 3.1 - ATTACHMENT 2
ITEM 3.1 - ATTACHMENT 2
1397
Item #: 3.4
with the determination, they would appeal to the courts. Some of the City’s Councilmembers expressed a preference for an appeals board at the May 8th meeting. The City Manager recommends using the approach of the City of Fremont, which is to have an appointed board comprised of two landlords, two tenants, and a resident who is neither a landlord nor a tenant. A rent stabilization fee shall be paid annually by landlords to fund the rent stabilization program. The fee would be to fund the City’s cost to implement and enforce the provisions of the ordinance.
Just Cause Evictions
Eviction protections complement rent stabilization by preventing evictions for the purpose of increasing rent. The Tenant Protection Act of 2019 codifies eviction protections into state law.
The Act distinguishes between "At Fault" causes and "No Fault" causes for eviction. "At Fault" reasons include non-payment of rent, lease violations, criminal activity, and other violations. "No Fault" reasons include owner occupancy, withdrawal from the rental market, compliance with orders, and demolition or remodel.
The Act provides relocation assistance equal to one month's rent for no-fault evictions. Local ordinances may specify a dollar amount or a certain number of months' rent for relocation assistance.
o Staff recommended $5,000- or two month’s rent, whichever is great. o City Council showed interest in wanting to establish relocation assistance at three or four months of rent with some sort of minimum. There was consensus by the City Council to establish a right of return but no agreement on a specific time period was reached.
o Staff is recommending a period of one year for a unit that has been vacated through a no-fault eviction to remain off the market for a specified period.
o Staff believes the right of return would be a sufficient provision if the landlord wants to rent the unit before the specified period ends. o Staff recommends that the evicted tenant have the right to return at the previously paid rental if the landlord wants to rent the unit before the specified time period ends.
Potential Impact on San Anselmo
Considering the limitations placed by Costa-Hawkins Act on what type of housing can be considered in local rent control laws, the information below represents an estimate of the number of potential units impacted by additional rent control regulations.
ITEM 3.1 - ATTACHMENT 2
ITEM 3.1 - ATTACHMENT 2
1398
Item #: 3.4
In preparation for this discussion, the following table describes the number of properties with three or more units and four or more units for Council consideration:
Zoning
3 or more
Parcels Units
4 or more
Parcels Units
C-1 6 26 3 17
C-2 1 3 6 54
C-3 7 57 1 16
C-L 2 19 0 0
R-1 23 91 8 42
R-2 6 23 3 14
R-3 68 532 60 505
SPD 4 88 3 85
TOTAL: 117 839 84 733
In total, 117 parcels totaling 839 units would be potentially impacted by rent stabilization restrictions for those parcels that have three or more units. For those parcels with four or more units, 84 parcels would be impacted totaling 733 units.
FISCAL IMPACT
This discussion has no fiscal impact to the Town.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
This discussion regarding rent stabilization and eviction protections is not considered a “project” under the California Environmental Quality Act, because it does not involve an activity which has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Cal. Pub. Res. Code § 21065).
ATTACHMENTS
Attachment 1 – Town of Fairfax Rent Stabilization Ordinance Attachment 2 – Town of Fairfax Just Cause Eviction Ordinance Attachment 3 - City of Larkspur Rent Stabilization and Eviction Protection staff report and draft Rent Stabilization Ordinance from the May 8, 2023 public hearing Attachment 4 – City of Larkspur Rent Stabilization and Eviction Protection staff report and draft Rent Stabilization Ordinance with sample ordinances from other jurisdictions from the May 22, 2023 public hearing
ITEM 3.1 - ATTACHMENT 2
ITEM 3.1 - ATTACHMENT 2
1399
From: Christine Steccone
To: Town Council
Subject: Rent Control
Date: Sunday, July 23, 2023 2:38:17 PM
CAUTION: External Sender
Hello, this is a subject I am very passionate about. I lived in San Anselmo for 38 years as a single working person and then as a single mom of two children and working mother. I always paid my rent on time. When my son was 8 and my daughter was 13, I was fortunate enough to receive assistance from the Marin Housing Authority. Luckily for me, the manager of the place I was living at, decided to let me continue my stay with the Marin Housing Authority Assistance. Then, the owner of this property changed management companies and that is when my problems began. They immediately raised all the rents very high and made it clear that the owner may or may continue to honor the assistance I was receiving. This was a very stressful period. Eventually, they started evicting persons with housing assistance for whatever reason or not. This was a 10 unit property and 4 people had assistance. The new management company made it very clear that people with assistance were the scum of the earth, jobless, drunks, drug addicts, and so on. Eventually, they got to me. I frantically looked at many properties in San Anselmo, but once you mentioned housing assistance you were knocked out for any reason or no reason. I was at a point where I was even afraid to mention it, because I knew what the outcome would be. Eventually, I placed an ad on Nextdoor and I met the most amazing couple of owners that had a property in San Rafael near Dominican University. They had no experience with housing assistance, but interviewed me to find out what I was about and they decided to try it based on my character and references. That was the best move I ever made. I would never want to move back to San Anselmo after all this negative experience. This is a very real issue.
From a former longtime resident in San Anselmo.
1400
From: wendy t
To: Town Council
Cc: Dave Donery
Subject: Public Input on Options for Tenant Protections Date: Monday, July 24, 2023 7:45:21 PM
CAUTION: External Sender
Hello San Anselmo Town Council,
Thank you for considering the Administration’s Proposed Process to Solicit Public Input on Options for Tenant Protections! The plan sounds solid to me and I appreciate the process that allows for tenants and landlords to have their own space to share experiences and ideas.
I encourage you all to be in alignment with what it is you want to learn from these sessions.
What are the outcomes you are expecting from these sessions? What is most important to learn from community members?
I hope that you design the sessions in such a way that allows you to get the answers you need to efficiently and effectively move forward on this topic.
For example, you may want to hear community feedback/input on certain aspects of the renter protections ordinance(s) that the Council might not currently have agreement on. In addition, the community meetings may be a good opportunity to hear from your constituents if they want you to lead the passage of an ordinance or want you to move it to a ballot initiative.
I am unable to attend the Town Council meeting on 7/25 and appreciate you reading my suggestions for next steps related to community engagement.
Thank you,
Wendy
53 HIllside Ave, San Anselmo
______________________
Wendy Todd, MPH
Facilitator + Strategic Planner + Equity Activist
www.WendyToddConsulting.com
415.596.0607
1401
From: Wong, Wendy
To: Town Council
Subject: PROPOSED PROCESS TO SOLICIT PUBLIC INPUT ON OPTIONS FOR TENANT PROTECTIONS Date: Tuesday, July 25, 2023 10:35:03 AM
CAUTION: External Sender
Dear San Anselmo Town Council:
Regarding outreach to San Anselmo residents about the upcoming community forum meetings, I would like to suggest getting the San Anselmo Library involved, which is a community resource that many residents of all income levels use. Placing visible postcards/flyers near the circulation desks would work well. Considering many lower income residents tend to work odd hour jobs or sometimes two jobs that do not offer paid time off, providing a means to communicate their input on the subject of tenant protections in a written manner would be welcomed, as they most likely would not be able to attend an in-person meeting.
I hope you will consider these suggestions, so that you can obtain a broader outreach.
Thank you for your time!
Warm Regards,
Wendy Wong
San Anselmo Resident
1402
From: GALYNA IAKOVENKO
To: Town Council
Subject: A comment supporting rent control and tenant protections Date: Tuesday, July 25, 2023 2:27:16 PM
CAUTION: External Sender
Greetings!
We have been residents of San Anselmo since 2012. We have many friends who live in San Anselmo and have been active in the community, including at local non profits and the local community garden at Robson Harrington park.
Our family belongs to a category of renters who can’t afford to purchase a home for
1.5 or 2 million dollars, so our only option is to rent. We have been very fortunate to have been able to live in the apartment we have called home for the past 8 years in downtown San Anselmo. The town is our absolute favorite place to live in. We are a middle aged multicultural family and have both lived in different parts of the world at one point or another. As single adults and later as a married family with a child, we have both rented rooms or apartments from early on in our lives.
The current apartment we live in could not be in a better location on Magnolia Ave.
However, after our original landlord passed away and a rental management company took over, the rent has steadily increased every year, and has come with additional fees on top of the rent. It’s worth mentioning that our annual rent increase is the highest amount allowed by law. We are worried that we will soon be priced out and our child will not be able to grow up in the place that we have called home for so long.
Throughout the time we have lived here, we have had many, many friends with families who were forced to leave San Anselmo due to the exponentially rising cost of living here.
We welcomed our first child a couple of months ago and we would love to raise him in this safe, welcoming and educated area.
We welcome any tools the city can provide to protect us and our modest lifestyle in the community we call home.
Thank you for your consideration.
1403
From: Katarina Jonholt
To: Town Council
Subject: In support of rent control and affordable housing Date: Tuesday, July 25, 2023 9:50:13 AM
CAUTION: External Sender
San Anselmo
25 July, 2023
Dear Members of the San Anselmo Town Council,
Because I cannot attend this evening’s meeting, I am writing this letter in support of rent control for our town.
A healthy community has members from all walks of life. Young people just starting out on their own, or coming home to start a family, should have a place here, as should our neighbors who are older and/or facing challenges to their health. Older community members are our living history. If we lose them, we lose our roots. Young people, it goes without saying, are our future, but also bring energy and inspiration to our present. The current cost of living here is driving these neighbors away. This is not only their loss, but ours, too.
I have heard and read many comments along the lines of, “Just move somewhere else if you can’t afford to live here.” That is incredibly cold. Starting over - building relationships and community - as an older adult is very difficult. Social isolation is not just unpleasant; it is deadly (https://www.cdc.gov/aging/publications/features/lonely-older-adults.html).
We can do better.
We deserve better.
Sincerely,
Katarina Jonholt, a teacher (20+ years), renter, and community member 1404
From: [email protected]
To: Town Council
Subject: rent stabilization and just cause eviction citizen support Date: Tuesday, July 25, 2023 7:12:35 PM
CAUTION: External Sender
Esteemed council,
My name is Daniel Brogowski and I rent in San Anselmo on Woodside Drive. Like most people who live here, I love being part of this community, and I have made great efforts to be able to afford to stay when rents have been skyrocketing out of reach of many of my coworkers at Good Earth. I got lucky to find a shared rental situation that I could make work, while many of my co-workers have been forced to travel upwards of 40 minutes just to get to work. My current landlord is in his late seventies, at least, and while he has had a great relationship with the master tenant in our house, he is unlikely to retain ownership of this house for the entire time I expect to live here. Like almost all small holding landlords, he has been keeping rents lower than the market because of their existing relationship. When he passes the house to his heirs, it is unlikely that they will continue that favorable situation, and if they look to maximize their profits, or if they sell to a corporation which, by definition, must maximize their profits, they will certainly seek to increase rents at the maximum rate allowed by law. It is for this reason that I implore the council to actively and rapidly develop a comprehensive understanding of the population of the town and analyze that to come up with a reasonable rent stabilization and just cause eviction framework that enables people of middle and lower than middle class incomes to be able to keep our roots planted in this town that is so endearing and enchanting to us all. I wake up every morning and go to work, grateful to be living in such a beautiful place and helping people to live their best lives with everything I offer at Good Earth, and I can't imagine giving that up because I couldn't afford to live where I work. Please look at this issue thoroughly, actively, and swiftly, before the big corporate landlords continue their takeover of all rental properties everywhere they can get their hands on them. There is definitely a sweet spot where small landowners can continue to make a comfortable living into their retirement that doesn't leave it open for their successors to shut the door on our continued residence in town.
Respectfully,
Daniel Brogowski, wellness department manager at Good Earth and resident of Woodside Drive.
Sent from my cell phone - please forgive any typos.
1405
From: Amy Peterson
To: Town Council
Subject: Rent control for San Anselmo
Date: Tuesday, July 25, 2023 8:24:25 PM
CAUTION: External Sender
HelloI am writing today regarding rent control for San Anselmo and to voice my support for adopting measures that would protect renters in San Anselmo. I have lived in San Anselmo for five years and loved this community. I am extremely worried that if the ownership of the apartment building I live in, for any reason, changes hands that rents would be unfairly raised. I completely understand that fair, periodic rent increases are necessary. I have no issue with fair rent increases. What concerns me is outrageous and excessive rent increases by unscrupulous and greedy owners or management companies. I value living in San Anselmo and do not want to be pushed out due to unfair rent increases.
Please consider putting in rent control in San Anselmo.
Thank you,
Amy Peterson
1406