To: Matt Rodriguez
Cc: Lynn Tracy Nerland
Subject: Fwd: Urgency ordinance
Date: Wednesday, January 12, 2022 8:54:30 PM
Attachments: 2022-01-12 - San Pablo Proposed Ordiancen.docx FYI .
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From: Leah Simon-Weisberg <[email protected]>
Sent: Wednesday, January 12, 2022 8:43:06 PM
To: [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; Arturo Cruz <[email protected]> Cc: David Sharples <[email protected]>
Subject: Urgency ordinance
Dear Councilmembers Xavier, Ponce, Pabon-Alvarado and Cruz, I am the Legal Director for ACCE Institute. I am writing on behalf of the tenants at the Porto Apartments that are facing eviction. The tenants are calling on you to pass a local just cause for eviction ordinance. Local legislation can easily close the loopholes in the state just cause ordinance that allows landlords to
evict tenants permanently when a landlord alleges that they will be undertaking substantial rehabilitation. The landlord is not required to allow the tenants back into the unit at the same rent.
The twentyone jurisdictions that have local ordinances-- over 15 are located
in the bay area- all limit these evictions and require a right of return at the same rental amount.
San Pablo must join these jurisdictions that protect
tenants against speculators using eviction as a pretext in order to
circumvent the state rent cap.
Presently, there are 6 families facing eviction located at Porto Apartments 2235 Church Lane, San Pablo because the landlord claims that he wants to do major upgrades that will require the tenants to be out for 4 months.
He
has pulled permits to replace kitchens and bathrooms and windows. A
simple review of the permits makes it clear that 4 months would not be necessary. It is further concerning because the language of the notice alleges that it is in response to a notice by the city --which is untrue.
The landlord purchased the property just before the beginning of the pandemic. Upon purchase, he immediately served an unlawful 30-day notice to vacate all 14 units. Many tenants moved out based on that
illegitimate notice. There are presently only 8 families remaining and 6
empty units. Shortly after the Contra Costa Covid-19 Pandemic Moratorium
ended, the landlord served the tenants 60-day notice based on “Substantial Rehabilitation.” Tenants have asked the landlord to temporarily move them to empty units while the repairs would be made.
The landlord has said no
but has offered that they may return and pay $2500 for a two bedroom.
These are more than triple what tenants are paying and beyond their ability to pay.
The tenants appreciate that on January 18th, you will consider passing a local
just cause for eviction ordinance which will close the substantial
rehabilitation loophole. However, in order to prevent the tenants from being
evicted they need you to pass an urgency ordinance on the 18th. Such an ordinance can stop these kinds of evictions while a permanent ordinance can be passed. The landlord can lawfully file in court as early as January 17th.
We understand that this will take work but we urge you to place the
attached urgency ordinance on the agenda for the January 18th meeting. I am available to answer any questions.
Leah
--
Leah Simon-Weisberg
Legal Director
Alliance of Californians for Community Empowerment - ACCE, Institute 2220 Livingston Street, Suite 214, Oakland, CA 94606
mobile: (323) 842-8614 | [email protected]
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