Ordinance 3143CITY OF ALAMEDA ORDINANCE NO. 3143
New Series
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ALAMEDA AMENDING ORDINANCE NO. 3140 AND IMPOSING
WITHIN THE CITY OF ALAMEDA A TEMPORARY (65 DAY)
MORATORIUM ON CERTAIN RESIDENTIAL RENT INCREASES AND
ON EVICTIONS FROM ALL RESIDENTIAL RENTAL UNITS EXCEPT
FOR JUST CAUSE EVICTIONS
WHEREAS, Government Code Section 36937 allows a city, including a charter
city, to adopt an urgency ordinance to take effect immediately upon its adoption for the
preservation of the public peace, health or safety upon a finding of facts constituting the
urgency thereof; and
WHEREAS, Section 3 -12 of the Alameda City Charter allows the City to adopt an
urgency ordinance to take effect immediately upon its adoption for the preservation of the
public peace, health or safety upon a finding of facts constituting the urgency therefor;
and
WHEREAS, such an urgency measure requires a four - fifths vote (4 votes) of the
City Council for adoption and, as provided further herein, this Ordinance shall be in effect
for 65 days (unless extended further by the City Council); and
WHEREAS, the City Council directed City staff to present to the Council tenant
protection policy options, including rent control /stabilization and/or just cause eviction
policy alternatives, in order for the City Council to consider such policy options on
November 4, 2015; and
WHEREAS, the City Clerk published and posted a notice of a City Council special
meeting to be held on November 4. 2015, for the purpose of discussing these policy
options; and
WHEREAS, on November 4, 2015, City staff presented to the City Council policy
alternatives regarding various tenant protection policies including rent control and /or just
cause eviction regulations, and the City Council considered an urgency ordinance
regarding rent control, just cause eviction and other tenant protections; and
WHEREAS, community members have reported that the City Council's discussion
and direction to study rent control, related tenant protections, and just cause eviction
policies have created market uncertainty and concern among some landlords that if they
do not increase rents now, they could face income and property value losses; and
WHEREAS, City residents have reported to (a) the City Council at City Council
meetings and in Council communications, (b) the Rent Review Advisory Committee at its
meetings and (c) the press that there have been substantial rent increases and a
substantial increase in the number of evictions without cause; and
WHEREAS, according to the 2008 -2012 Comprehensive Housing Affordability
Strategy (CHAS) data, 2,975 very low- income renter households in Alameda pay more
than half of their incomes for housing and are at risk of displacement; and
WHEREAS, according to Real — Answers (Third Quarter, 2015), the average
monthly rent for market -rate units of apartment buildings with fifty or more units in the City
of Alameda has increased by 52% between 2011 and 2015; and
WHEREAS, the City's rental units are almost fully occupied with a 1.4% average
vacancy rate (as of 2013) compared to a Countywide average of 3.8% vacancy rate, and
is so low that there is not enough available supply to offer meaningful choice in the rental
market; and
WHEREAS, between 2000 and 2013, median household income for those who
rent in Alameda increased by 29 %, which has not kept pace with rising rents that
increased by 54% over the same 13 -year period, and has created a growing "affordability
gap" between incomes and rents; and
WHEREAS, given this increased housing cost burden faced by many Alameda
residents, excessive rental increases threaten the public health, safety, and welfare of
Alameda residents, including seniors, those on fixed incomes, those with very low -, low -,
and moderate - income levels, and those with other special needs to the extent that such
persons may be forced to choose between paying rent and providing food, clothing, and
medical care for themselves and their families; and
WHEREAS, excessive rental increases could result in the displacement of low -
income families; and
WHEREAS, prior to November 5, 2015, the City of Alameda did not restrict rental
increases nor just cause evictions; and
WHEREAS, on November 5, 2015, the City Council adopted Ordinance No. 3140
as an urgency ordinance imposing within the City a temporary moratorium (65 days) on
rent increases of 8% or more (on a cumulative basis over a twelve month period) for
certain residential rental units and imposing within the City a temporary moratorium (65
days) on any action to terminate a tenancy except for "just cause ", the grounds of which
were identified in Exhibit A to Ordinance 3140; and
WHEREAS, certain aspects of public peace, health, or safety are not adequately
protected by the rent control and other rent stabilization measures that the City Council
adopted in Ordinance 3140 (including Exhibit A), such as ambiguity and uncertainty in
certain of the grounds for just cause evictions, and it is in the interest of the City, of
owners and residents of rental units, and of the community as a whole that City Council
amend Ordinance 3140 to protect affordable housing within the City including but not
limited to rent stabilization and just cause for eviction regulations; and
WHEREAS, in light of the numerous concerns noted herein, including but not
limited to the current and immediate threat to public peace, health, or safety of the City's
residents and the adverse impacts that would result from a substantial decrease of
affordable housing within the City, the City Council determines it is in the interest of
immediately preserving the public peace, health, or safety to adopt this urgency
Ordinance that would amend in certain respects Ordinance 3140 in order to allow staff to,
among other related tasks, bring forward proposed regulations related to rent control
and /or just cause for eviction policies; and
WHEREAS, the City Council finds and determines that, if the temporary
moratorium on residential rental increases and evictions without cause were not amended
now, the public peace, health, or safety will be immediately threatened because "Housing
Providers" (as defined in Section 6 -57.2, Alameda Municipal Code) would have an
immediate incentive to increase rents to even higher levels and /or serve eviction without
cause notices before the City of Alameda could consider rent stabilization, just cause
eviction or other such related tenant protection regulations; and such increases and
evictions would defeat the intent and purpose of any potential future regulation and
substantially impair its effective implementation; and
WHEREAS, it is the intent of the City Council to consider and possibly to adopt
rent control, just cause for eviction or other tenant protection policies as soon as
reasonably possible; and
WHEREAS, the City Clerk published and posted a notice of this agenda item for
the City Council's regular meeting on December 1, 2015 for the purpose of considering
an Ordinance, to be adopted on an urgency basis, amending Ordinance No. 3140; and
WHEREAS, for reasons set forth above, this Ordinance is declared by the City
Council to be necessary for preserving the public peace, health, or safety and to avoid a
current, immediate and direct threat to the public peace, health, or safety of the
community, and the recitals above, as well as information in the agenda reports dated
November 4, 2015, and December 1, 2015, and public testimony received at the City
Council's meetings of November 4, 2015, November 17, 2015 and December 1, 2015,
constitute the City Council's statements of the reasons constituting such necessity and
urgency; and
WHEREAS, adoption of this Ordinance is exempt from review under the California
Environmental Quality Act (CEQA) pursuant to the following, each a separate and
independent basis: CEQA Guideline Section 15183 (action consistent with the general
plan and zoning); Section 15378; and Section 15061(b)(3) (no significant environmental
impact); and
WHEREAS, by the staff report, testimony, and documentary evidence presented
at the November 4, 2015, November 17, 2015 and December 1, 2015 City Council
meetings, the City Council has been provided with additional information upon which the
findings and actions set forth in this Ordinance are based.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA does
ordain as follows:
SECTION 1, The City Council finds and determines the foregoing recitals to be
true and correct and hereby incorporates them into this Ordinance.
SECTION 2, From November 5, 2015 (the effective date of Ordinance No, 3140),
and continuing for a period of sixty -five (65) days (unless extended), or until the effective
date of any City adopted regulations relating to rent control, just cause for eviction, and /or
other tenant protection policies, whichever occurs first, no Housing Provider shall (a)
serve or give notice of a rent increase that, on a cumulative basis over the 12 months
preceding the effective date of the proposed rent increase, amounts to 8% or greater, (b)
increase rent that, on a cumulative basis over the 12 months preceding the effective date
of the rent increase, amounts to 8% or greater or (c) take action to terminate any tenancy
including, but not limited to, making a demand for possession of a rental unit, threatening
to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any
action to recover possession of a rental unit except for cause as set forth in Exhibit A to
this Ordinance.
For purposes of this Ordinance rent means the rental amount, including any
amount paid directly to the Housing Provider for parking, storage, pets or any other fee
or charge associated with the tenancy, other than fees or charges for utilities paid directly
to the Housing Provider that the tenant is required to pay to the Housing Provider in the
month immediately preceding the effective date of the rent increase.
SECTION 3. Exceptions and Exemptions as to all provisions of Section 2,
including Exhibit A, of this Ordinance. The following are exempt from the moratorium
established under Section 2, including Exhibit A, of this urgency Ordinance: 1)
government -owned housing units; 2) housing units whose rents are controlled, regulated
(other than by this Ordinance), or subsidized by any governmental unit, agency or
authority; 3) accommodations in motels, hotels, inns, tourist houses, rooming houses, and
boarding houses, provided that such accommodations are not occupied by the same
tenant for thirty (30) or more days; 4) commercial units; and 5) housing accommodation
in any hospital, convent, monastery, extended care facility, convalescent home, nonprofit
home for the aged, or dormitory operated by an educational institution
SECTION 4. Exceptions and Exemptions as to certain provisions of Section
2 of this Ordinance. The following are exempt from the moratorium as to serving or
giving notices of rent increases or rent increases under Section 2 of this urgency
Ordinance but are not exempt from the moratorium as to taking any action to terminate
any tenancy except for cause as set forth in Exhibit A of this urgency Ordinance: 1) units
constructed after February 1, 1995; 2) units that are separately alienable from the title of
any other dwelling (e.g., single family homes, condominiums, etc.); and 3) any other units
exempt under the Costa- Hawkins Rental Housing Act (California Civil Code, Section
1954.50 and following) or any other applicable state or federal law.
SECTION 5. Effect of this Ordinance. Notwithstanding any other provision of
this Ordinance, the effect of this Ordinance shall render null and void any action that a
Housing Provider has taken between November 5, 2015 and December 1, 2015 to
terminate any tenancy including, but not limited to, making a demand for possession of a
rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction
notice or bringing any action to recover possession of a rental unit based on the Housing
Provider seeking in good faith to recover possession of a rental unit so as to (1) demolish
the rental unit or (2) perform work on the building or buildings housing the rental unit or
units and (a) such work costs not less than the product of eight (8) times the amount of
the monthly rent times the number of rental units upon which such work is performed and
(b) the work necessitates the eviction of the tenant because such work will render the
rentable unit uninhabitable for a period of not less than thirty (30) calendar days. For
purposes of this section, the monthly rent shall be the average of the preceding twelve
(12) month period.
SECTION 6. Enforcement. In any action by a Housing Provider to recover
possession of a rental unit, the tenant may raise as an affirmative defense any violation
or noncompliance with the provisions of this Ordinance.
SECTION 7. Petition for Relief from Moratorium. This moratorium, without
extension, shall only be effective for a period of sixty -five (65) days, i.e., to January 9,
2016. If this moratorium as to prohibiting rent increases is extended beyond the sixty -five
day period, the City Council shall consider and adopt a procedure allowing any Housing
Provider who claims that the moratorium's permitted rent is insufficient to provide a just
and reasonable return to file a petition requesting relief from the extended moratorium by
way of an additional rental increase, as well as procedures for hearings and appeals of
such petitions.
SECTION 8. Authority for Enacting this Urgency Ordinance. This urgency
Ordinance is enacted pursuant to the City of Alameda's general police powers, Section
3 -12 of the Charter of the City of Alameda, Article Xi of the California Constitution, and
Government Code Section 36937.
SECTION 9. Severability. If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remaining portions of this Ordinance. The
City Council declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or
more section, subsection, sentence, clause, or phrase be declared invalid.
SECTION 10. Effective Date. Rents within the City of Alameda and all actions
taken to terminate a tenancy on or after the date of final passage and adoption of
Ordinance No. 3140, as amended by this Ordinance, shall be subject to this Ordinance
including Exhibit A. As an urgency ordinance, this Ord nance becomes effective
immediately upon its adoption at a first reading by a four -fifths vote of the City Council.
Presiding Officer of the City Council
Attest:
Lara Weisiger,' ity Clerk
EXHIBIT A
A. No Housing Provider shall take action to terminate any tenancy including, but not limited
to. making a demand for possession of a rental unit, threatening to terminate a
tenancy, serving any notice to quit or other eviction notice or bringing any action to
recover possession of a rental unit except on one of the following grounds:
1. The tenant, after being provided with the written notice required by Sections
1161 and 1162 of the California Code of Civil Procedure of the identity and
mailing address of the person to whom rent is due, and the amount of rent due,
has failed to pay the rent to which the Housing Provider is entitled within three
calendar days of after receiving such notice. Notice shall be given to the tenant
in manner prescribed by California Code of Civil Procedure Section 1162,
2. The tenant has violated a lawful obligation or covenant of the tenancy and has
failed to cure such violation after notice, as provided for in Sections 1161 and
1162 of the California Code of Civil Procedure. within seven calendar days
after having received written notice thereof from the Housing Provider, other
than a violation based on:
i. The obligation to surrender possession upon proper notice; or
ii. The obligation to limit occupancy when the additional tenant who joins the
occupants is a dependent child who joins the existing tenancy of a
tenant of record or the sole adult tenant; provided, however, the
Housing Provider has the right to approve or disapprove a prospective
additional tenant who is not a minor dependent child, and provided further
that the approval is not unreasonably upheld. Notice shall be given to the
tenant in the manner prescribed by California Code of Civil Procedure
Section 1162.
The tenant is committing a nuisance in. or permitting a nuisance to exist in, or is
causing substantial damage to, the rental unit, or the appurtenances thereof,
or to the common areas of the rental complex, or is creating a substantial
interference with the comfort, safety or enjoyment of the Housing Provider,
a tenant or tenants in the building.
4. The tenant is using, or permitting a rental unit, the common areas of the
rental unit or rental complex containing the rental unit, to be used for any
illegal purpose.
5. [Intentionally Omitted]
6. The tenant has, after written notice to cease, refused the Housing
Provider access to the rental unit as required by State or local law.
7. A person in possession of the rental unit at the end of a lease term, or upon
the sale under the power of sale contained in a deed of trust, or foreclosure
of a rental unit or the building in which the rental unit is located, is a
subtenant not approved by the Housing Provider.
8. The Housing Provider seeks in good faith to recover possession of the rental
unit for use and occupancy by:
i. A resident manager, provided that no alternative, comparable
vacant unit is available for occupancy by a resident manager;
except that where a building has an existing resident manager, the
Housing Provider may only evict the existing resident manager in
order to replace him or her with a new manager.
ii. The Housing Provider, or the Housing Provider's spouse,
domestic partner, grandparents, brother, sister, father- in -iaw,
mother -in -law, son -in- law, daughter -in -law, children, or parents,
provided the Housing Provider is a natural person; provider,
however, a Housing Provider may use this ground to recover
possession, for use and occupancy by the Housing Provider. the
Housing Provider's spouse, domestic partner, child, parent, in
laws or grandparents only once for that person in each rental
complex of the Housing Provider. For purposes of evictions under
this paragraph, a "Housing Provider" shall be defined as a natural
person who has at least a fifty (50) percent ownership interest in
the property.
The Housing Provider seeks in good faith to recover possession to remove
the rental unit permanently from rental housing use pursuant to State law.
10. [Intentionally Omitted]
11. The Housing Provider seeks in good faith to recover possession of the rental
unit to comply with a government agency's order to vacate, or any other
order that necessitates the vacating of the building. housing or rental unit
as a result of a violation of the City of Alameda's Municipal Code or any other
provision of law.
12. The Housing Provider seeks in good faith to recover possession of the rental
unit to comply with a contractual agreement or government regulation
relating to the qualifications of tenancy with a governmental entity, where
the tenant is no longer qualified.
In any notice purporting to terminate tenancy the Housing Provider shall state the
cause for the termination, and in any action brought to recover possession of a
controlled rental unit, the Housing Provider shall allege and prove compliance
with this Ordinance. The Housing Provider shall file with the Housing Authority of
the City of Alameda a copy of any notice terminating tenancy. except a three day
notice to pay rent or vacate, within three days after serving the notice on the
tenant.
C. Failure to comply with any requirement of this Ordinance may be asserted as an
affirmative defense in an action brought by the Housing Provider to recover
possession of the unit. Additionally, any attempt to recover possession of a unit in
violation of this Ordinance shall render the Housing Provider liable to the tenant for
actual and punitive damages, including damages for emotional distress, in a civil
action for wrongful eviction. The tenant may seek injunctive relief and money
damages for wrongful eviction. The prevailing party in an action for wrongful
eviction shall recover costs and reasonable attorneys' fees.
I, the undersigned, hereby certify that the foregoing ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a meeting
assembled on the 1 S' day of December, 2015, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 2`Od day of December, 2015.
APPROVED AS TO FORM:
/
Japet`C. Kern, City Attbrney
City of Alameda
0
L
Lam Weisiger, Cit (clerk
City of Alameda