HomeMy WebLinkAbout5/26/2026 Item 5a, SLO Tenants Union
SLO Tenants Union <
To:E-mail Council Website
Subject:Code Enforcement Study Session
Dear Mayor Stewart, City Council Members, and Staff:
Thank you for holding the special study session on code enforcement. The SLO Tenants Union appreciates
your commitment, expressed in our Major City Goals, to healthy, safe and affordable housing.
We are a city of renters. While we recognize the other health, safety, and quality of life issues Code
Enforcement (CE) must address, our primary concern is with enforcing habitability standards and protecting
the fundamental health and safety of those who comprise nearly two-thirds of the residents of this city. This is
CE’s primary responsibility. Beyond that, CE should also play a role in educating residents and
owners/managers about habitability standards defined in state and local codes, helping to shield tenants from
illegal practices, and connecting residents with resources available from the City, Cal Poly, and other
institutions and community groups.
It is clear from the staff report that more CE staff are urgently needed to handle the continuing increase in calls
received, fulfill current responsibilities under existing programs and priorities, meet increased responsibilities
under recent legislation and from expanded and reprioritized programs, and anticipate other needs that might
arise from the rental registry and other initiatives in the coming years.
We therefore request that Council direct staff to immediately:
Hire additional CE personnel and permanently assign a full-time CE Officer to the Safe Housing
Program;
Prioritize safe housing and more proactive enforcement of the existing minimum habitability standards;
Help shield tenants from landlord retaliation and unfair eviction when they report violations;
Take concrete steps to educate residents and owners/managers and connect them with resources;
Improve transparency by tracking and reporting more and better enforcement data; and
Increase administrative fees for non-compliance to the maximum allowable amounts.
We also support a smokefree multifamily housing ordinance that prohibits smoking within individual units. Any
such policy should include a graduated, multistep enforcement process handled through Code Enforcement,
and must also prohibit evictions due solely to smoking violations. This approach prioritizes education,
compliance, and public health without putting housing stability at risk.
Proactive Enforcement
The staff report details a range of new statutory requirements aimed at stronger housing safety enforcement,
increased protection for tenants, and proactive identification of hazards. The City must act affirmatively to
enforce these standards and punish those who are non-compliant. Landlords and property managers who fail
to comply with health and safety requirements should face the maximum fines allowable under the law. Repeat
offenders should have their business licenses revoked.
We have heard concerns that more aggressive enforcement of health and safety standards could force people
out of the homes they’ve chosen to live in. Some have suggested that “livable” means different things to
different people and that some people might choose to live in squalid conditions or sacrifice their personal or
family safety because the rent is cheap.
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This argument appeals to our sense of compassion for the many folks who are now struggling and may seem
plausible, but it is inaccurate and based on flawed assumptions. The State Civil Code, Section 1941.1, sets
minimum habitability standards. The City also publishes minimum habitability standards on its website and has
the old Rental Housing Inspection checklist, which was tellingly successful and effective at rooting out
substandard housing conditions and holding landlords accountable. There’s really no question about what
“habitability” means.
We must be clear that living under oppressive circumstances is not a choice; people live under those
conditions because there are no other choices.
Retaliation and Eviction
Please keep in mind that fear of landlord threats and retaliation is real, and prevents people from speaking up.
Thus, the number of substandard units is likely to be far greater than the number of complaints filed and
inspections requested. As recent news reports show, tenants are often ignored, then threatened and harassed,
and then evicted when they speak up. Moreover, renters don’t always have the knowledge, skills, ability, or
time to respond to surveys, attend public hearings, and comment at meetings like this. It is up to this Council
to lead for all its constituents, not just those with the brightest shirts, loudest voices, and most money.
Council must prohibit retaliation and evictions when code violations are reported, and provide affected tenants
meaningful access to legal services when needed. In cases where the remedy requires that a tenant move out,
the fine structure should include adequate compensation to tenants for moving expenses, and tenants should
have the right to return to their home at the same rent when the remedy is completed.
Some Financial Considerations
We understand that these measures could involve added costs for the City. Money to pay for education and
enforcement should come from those who are profiting most from skyrocketing rents and plummeting
conditions. The City should:
Increase fines for violations involving all rental properties (long and short term) to the maximum
allowable under the law;
Charge fees on homes and buildings that sit vacant for long periods;
Tax homes not occupied by owners at a substantially higher rate;
Charge fees on the sale of high-end properties.
Transparency and Accountability
The limited CE performance data provided by the City are inconsistent and don’t indicate the number or types
of health and safety complaints received, how often such complaints are filed, and how they are resolved. The
public can’t really assess how effective current City policy is without such data. A functioning rental registry
would go a long way toward getting that information! Until that tool is in place, the City can still improve
transparency by tracking and reporting more and better enforcement data.
For any health and safety health policy to be effective, there must be education, information, and meaningful
accountability. For years, we’ve offered developers, landlords, and property managers carrot after carrot after
carrot, and yet conditions have only gotten worse while rents continue to skyrocket. We’ve looked the other
way as they’ve violated our Municipal Code, done major construction without permits or inspections, and
flaunted the Tenant Protection Act with barely a slap on the wrist.
We are a city of renters, and now, after a decade during which our leaders have done nothing to materially
improve tenant conditions, what sticks are you prepared to deploy to improve conditions for renters and
ensure even minimal compliance with local and state codes? During the study session, please tell the
public how you expect to compel compliance?
Thank you for your time and consideration.
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Respectfully,
The SLO Tenants Union
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We are a Tenant-led organization dedicated to defending and advancing the right to safe, secure, and affordable housing for all in San Luis Obispo County.
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