HomeMy WebLinkAboutItem 1 - Emergency Ordinance Just Cause Protections and Rent IncreaseEmergency Ordinance “Just Cause” Protections and Rent Increase Limits
Derek Johnson, City Manager
November 26, 2019
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Recommendation
Review and consider public correspondence and testimony related to AB 1482; and
Consider the adoption of an Emergency Ordinance approving “just cause” protections and rental increase limits to be in effect immediately upon introduction and adoption, until January
1, 2020.
Strike Section 4 (a) (2).
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Background – AB1482
On October 8th, 2019, Governor Newsom signed AB 1482 into law, and it is effective January 1, 2020.
Places a cap on the amount rents may be increased
Maximum increase of 5% + inflation (CPI) or 10%, whichever is lower
Rent cap provisions are retroactive to March 15, 2019
Imposes “just cause” requirements for removing tenants
AB 1482 allows a landlord to set a new rate with each new tenant
“Just cause” provisions were added to prevent strategic use of tenant removal to avoid rent caps
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Response to AB 1482
There is concern that no fault evictions are occurring to avoid impacts of AB 1482 before the “just cause” requirement goes into effect on January 1, 2020
The Cities of Grover Beach, Los Angeles, San Mateo, Redwood City, Daly City, Milpitas and others have adopted emergency ordinances establishing protections during the gap period
City of San Luis Obispo residents have requested that Council adopt an emergency ordinance to put into place “just cause” requirements to protect tenants
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Public Comment
Attachment A (CRLA, SLO Legal Service, SLO Legal Assistance)
13 Reports in the City of SLO.
Experiencing higher volume of calls
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Ordinance Provisions
Enactment of emergency “just cause” provisions in the period between adoption of proposed ordinance until January 1, 2020
The provisions allow for eviction for the following circumstances:
When the tenant is “ just cause ” such as a breach of the terms of the lease (Section 4 (b) (1) et seq).
When there is “no fault” such as where the landlords wants to move into the unit (Section 4(b) (2) et seq).
Adoption of rent limits consistent with those imposed by AB 1482
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Recommendation
Review and consider public correspondence and testimony related to AB 1482
Consider the adoption of an Emergency Ordinance approving “just cause” protections and rental increase limits to be in effect immediately upon introduction and adoption, until January
1, 2020.
Strike Section 4 (a) (2).
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Alternatives
Consider public testimony and decline to adopt an emergency ordinance
Confer with staff and revise the emergency ordinance to reflect any policy changes to respond to Council with direction and community input.
i.e. limit ordinance to “Just Cause” and strike Section 5.
Continue the matter to a future date and time
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