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HomeMy WebLinkAboutCity Attorney Prepared Ballot Title & SummaryINITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The San Luis Obispo City Attorney has prepared the following title and summary of the chief purpose and points of the proposed initiative measure: TTTT ,F AN INITIATIVE TO REPEAL CHAPTER 15.10 OF THE SAN LUIS OBISPO MUNICIPAL CODE ENTITLED "RENTAL HOUSING INSPECTION" AND TO ADOPT NEW CHAPTER 15.10 ENTITLED "NON-DISCRIMINATION IN HOUSING" SUMMARY Existing San Luis Obispo Municipal Code Chapter 15. 10, Rental Housing Inspection, established a program for the registration and code compliance inspection of residential rental units in the City of San Luis Obispo. Chapter 15.10 applies to all "residential rental dwelling units" in the City, which are defined as "—single-family dwellings, duplexes, and second dwelling units, which are rented, leased, or held out for rent or lease, or otherwise used for residential rental purposes, including any curtilage, structures or buildings on the property on which the residential rental dwelling unit is located... This definition excludes multifamily dwellings having three or more dwelling units within a structure and transient type occupancies (hotels, motels and bed and breakfasts)," which are subject to separate state law inspection provisions. Based on legal and factual assertions stated in the proposed measure, the proposed measure would repeal entirely San Luis Obispo Municipal Code Chapter 15. 10, entitled "Rental Housing Inspection," Sections 15.10.010 – 15.10.110, and replace that Chapter with a new Chapter 15. 10, entitled "Non -Discrimination in Housing," Section 15.10.010, to read as follows: The City of San Luis Obispo shall not discriminate against any person based upon age, income, disability, gender, race, ethnicity, sexual identity, or inability or ability to own a home, by imposing any compulsory program, policy, intrusion or inspection applicable to any residential dwelling unit. No determination to conduct an inspection of any dwelling shall be based substantially on any occupant's age, income, disability, gender, race, ethnicity, sexual identity or status as an owner or renter of such dwelling. Current California and federal laws prohibit discrimination in housing accommodations based on race, color, religion, sex, gender, gender identity, gender expression, sexual Rental Housing Inspection Initiative Title & Summary Page 2 orientation, marital status, national origin, ancestry, familial status, source of income, disability or genetic information. The first sentence of the proposed measure defines certain characteristics on which it would prohibit the City from discriminating "... by imposing any compulsory program, policy, intrusion, or inspection applicable to any residential dwelling unit." The characteristics on which the defined discrimination would be prohibited include some, but not all, existing characteristics protected under state and federal housing law. The proposed measure additionally would prohibit the form of discrimination described in the measure based on "income" and "inability or ability to own a home". The second sentence of the proposed measure would prohibit a City "...determination to conduct an inspection of any dwelling... based substantially on..." the same set of characteristics on which the measure would prohibit discrimination, but including "status as an owner or renter" and not including "inability or ability to own a home". CERTIFICATION This ballot title and summary are hereby submitted to the elections official in conformance with Section 9203 of the Elections Code of the State of California. Dated: September 14, 2016 7' Christine Dietrick City Attorney Attest: Jo n Paul Maier Acting City Clerk