Adoption of Resolution to Place A Measure on the
Ballot to Amend Article XXIII of the City Charter; and
Rescission of Previously-Adopted Resolution to Place
a Measure on the Ballot to Amend Articles XVII and
XXIII of the City Charter
Santa Monica City Council
July 28, 2026
Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)
Process for Amending the City Charter
• Any change amending the City Charter requires a Charter Amendment • All Charter Amendments must be submitted to the voters for consideration • Charter Amendments can be placed on the ballot by either the voters or the City Council • Opportunities for Charter Amendments exist every two years when general elections are held
• The overall process is also subject to LA County timelines for elections • For the 2026 election cycle, the deadline to place an item on the ballot for voter consideration is August 7, 2026
Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)
Resolutions Adopted on July 14
• Resolution 1 (11783 (CCS)):
• Affirming of local just cause eviction regulations
• Rent Control Board administrative amendments
• Preserving affordable housing
• Resolution 2 (11784 (CCS)):
• Rent threshold eviction regulation
• Resolution 3 (11785 (CCS)):
• Limiting evictions based on the addition of new occupants • Limiting evictions of remaining household members after tenant vacates • Extending just cause eviction protections to single unit dwellings and updating owner move-in eviction regulations
Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)
Concerns Raised with Certain Provisions of Resolution 3 • After voting to place all three measures on ballot, concerns were brought to the City’s attention regarding the proposed Resolution 3 amendments to Charter Sections 1806(c) / 2304(c)
• The measure would circumvent Costa Hawkins
• The City’s proposed measure would circumvent the landlords ability to reset the rent as dictated under Costa Hawkins
• The measure limits a property owner’s ability to recover possession of a rental housing unit
Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)
Proposed Amendments to 1806(c) and 2304(c)
(Part of Resolution 3)
• If approved by the voters, the proposed amendments to 1806(c) and 2304(c) would:
1. Remove the death-or-incapacity trigger entirely, and instead institutes protections when the tenant of the owner vacates for any reason
• Current regulation only covers spouses, domestic partners, and children, and only applies when the tenant of the owner vacates due to death or incapacitation
2. Broaden the protected class from close family to any lawful occupant of one year or more (“covered occupant”)
• Current regulations only includes a spouse and / or children as being part of the protected class
Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)
Proposed Amendments
Have Not Been Tested in Court
• Based on research, staff has been unable to locate a jurisdiction that has removed the death / incapacity trigger for remaining occupants • We are not aware of any California city that bars eviction of remaining household members after a tenant’s purely voluntary departure, as the proposed amendment would do
• Based on staff research, we are also unable to locate a jurisdiction that has such a broad class of persons eligible for protection after the original tenant vacates the unit
Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)
Other Provisions of Contained in Resolution 3
• Other component sections contained in Resolution 3 include:
• Extending just cause protections to single unit dwellings in Article XXIII (single family house / condo tenants)
• Update Owner Move-In Protections in Article XXIII (for consistency with Article XVIII)
Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)
Special Joint Meeting of
City Council and Rent Control Board
• Yesterday, a special joint meeting was held between the City Council and Rent Control Board to discuss the concerns
• Following discussion, the following direction was provided:
• A vote to rescind Resolution 11785
• A new Resolution placing a measure on the ballot that would extend just cause protections to Single-Unit Dwellings and Update Owner-Move In Regulations for NonControlled Units to Align them with Controlled Units Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)
Next Steps
• Based on that direction, staff recommends that the City Council take the following actions:
1. Adopt a finding of Categorical Exemption pursuant to Section 15061(b)(3) (common sense exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Per Rent Control Board recommendation and City Council direction at the July 27, 2028 Special Joint Meeting of the City Council and the Rent Control Board, rescind Resolution Number 11785 (CCS) adopted at the July 14, 2026 City Council meeting and attached as Attachment C to Item 11(B) of the Agenda for the July 14, 2026 City Council meeting, which placed a measure on the November 3, 2026 ballot that would amend Articles XVIII and XXIII of the City Charter to revise requirements for owners to evict tenants for breach of a rental agreement based on the addition of new occupants, revise eviction protections for certain occupants remaining in a rental unit after the original tenant vacates, add just cause eviction protections to single-unit dwellings and condominiums, and modify requirements for good faith owner move in evictions from non-rent controlled rental units; and
3. Per Rent Control Board recommendation and City Council direction at the July 27, 2028 Special Joint Meeting of the City Council and Rent Control Board, adopt a replacement resolution placing a measure on the November 3, 2026 ballot that would amend only Article XXIII of the City Charter to add just cause eviction protections to single-unit dwellings and condominiums, and modify requirements for good faith owner move in evictions from non-rent controlled rental units; and
4. Authorize City Councilmembers to file written arguments for or against and direct the City Attorney to prepare an impartial analysis for the replacement measure.
Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)
Proposed Resolution 1 – Administrative Items
Affirmation of
Local Just
Cause Eviction
Law
Rent Control
Board Term
Limits
Rent Control
Maximum Unit
Registration Fee
Amendment
Rent Control
Board Petition
Decision
Timeline
Preserving
Affordable
Housing
Article XVIII (Rent Control) X X X X X
Article XXIII (Housing Policies) X X
Proposed Resolution 2 -
Non-Payment Eviction Threshold
Non-Payment Eviction Threshold
Article XVIII (Rent Control) X
Article XXIII (Housing Policies) X
Proposed Resolution 3 – Additional Tenant Protections
Limiting Evictions
Based on New
Occupants
Limiting Evictions of
Remaining
Household Members
Extending Just Cause
Protections to Single
Unit Dwellings
Updating OwnerMove In Regulations
Article XVIII (Rent Control) X X
Article XXIII (Housing Policies) X X X X
Item 11-B
July 28, 2026 (Special Meeting)
Item 11-B
July 28, 2026 (Special Meeting)