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