Ordinance 3132CITY OF ALAMEDA ORDINANCE NO. 3132
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
SECTION 2-23 TO ARTICLE II OF CONCERNING THE
CREATION OF A RENT REVIEW ADVISORY COMMITTEE
WHEREAS, although there has been in existence for some time a Rent Review
Advisory Committee, that Committee has neither been created by Ordinance nor its
duties well defined; and
WHEREAS, the City Council is desirous of creating this Committee by Ordinance,
establishing the member's terms of office and better defining its duties and
responsibilities.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda as follows:
Section 1. Section 2-23 is hereby added to Article II of the Alameda Municipal Code
to read as follows:
"Section 2-23 Rent Review Advisory Committee
2-23.1 Rent Review Advisory Committee created; purpose
There is hereby created a committee which shall be known as the Rent Review
Advisory Committee ("Committee") whose purpose is to review requests from
tenants concerning certain rent increases and make recommendations to the
tenants and their housing providers concerning such increases.
2-23.2 Membership; appointment; term of office; removal; vacancies
a. The Committee shall consist of five members, all of whom shall at the time of
their appointment and continuously during their incumbency be residents of
the City. At the time of their appointment, two of the members shall be tenants
in the City, two of the members shall be housing providers as that term is
defined in subsection 2-57.2 (h) of this Code and one member shall be a
residential property owner but not a housing provider.
b. Upon nomination of the Mayor, the City Council shall appoint such members
as are necessary to maintain full membership on the Committee, with terms
for all members to begin on July 1 and, as to two members, continuing for two
years thereafter until the successor of such member is qualified and
appointed and, as to three members, continuing for four years thereafter until
the successor of such member is qualified and appointed.
c. No person shall be eligible to serve more than two consecutive terms. The
initial two year term as to two members referenced in paragraph b above, one
of whom shall be a housing provider and one of whom shall be a tenant, shall
be deemed one term. Thereafter, any appointment the term of which is two
years or less shall not be deemed one term.
d. A vote of a majority of the Council may remove a member from the
Committee.
e. A vacancy shall occur if a member is no longer a resident of the City, if the
member's status as a tenant, housing provider or residential property owner
but not a housing provider changes, the member resigns or the Council
removes the member. The vacancy shall be filled as provided in paragraph
b and the person appointed shall serve the unexpired term of office.
2-23.3 Meetings; officers; voting.
a. The Committee shall meet as necessary to perform its duties outlined in
subsection 2-23.4 but in no case less than monthly if a hearing has been
scheduled. The Committee has the power to establish rules for its
proceedings. A member's failure to attend 75% of the meetings in a 12
month period shall be grounds for removal by the City Council.
b. The Committee shall select from its membership a Chairperson and Vice-
Chairperson who shall be selected in July of each year and serve a one
year term. No member may serve as Chair more than two consecutive
terms.
c. To take any action or to make a Committee recommendation to the
housing provider and tenant (which recommendation is advisory only)
shall require three votes.
2-23.4 Duties of the Committee
It shall be the duty of the Committee to hold hearings in response to a request
for a rent increase review. The Committee will afford the parties involved in the
request an opportunity to explain their respective positions. The Committee as a
whole and individual members of the Committee shall not act as an advocate of
either the housing provider or the tenant. After hearing the parties, and taking into
consideration such factors as the financial hardship to the tenant, the frequency and
the amount of previous rent increases, the housing provider's deed of trust payments
and other costs associated with owning and maintaining the property, the housing
provider's expectation of earning a reasonable rate of return on the investment, and
any other factors that may assist the Committee in determining a fair resolution of
the matter, the Committee will make a non-binding, advisory recommendation to the
parties for resolution of the matter."
Section 2. If anv section, subsection, sentence, clause or phrase of this Ordinance
is for anv reason held bv a court of competent iurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions
of the Ordinance. The City Council declares that it would have passed this
Ordinance and each section. subsection, sentence, clause and phrase thereof,
regardless of the fact that one or more sections, subsections, sentences. clauses or
phrases mav be held invalid or unconstitutional.
Section 3. This Ordinance shall be in full force and effect from and after the
expiration of 30 days from the date of its final passage.
Attest:
Lara Weisiger, City
.2L1111 \AP
Mayor of the City of Alameda
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 regular
meeting assembled on the 1st day of September, 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 2nd day of September, 2015.
Lara Weisiger, City 0
City of Alameda
APPROVED AS TO FORM:
Janet C: .Kern, City Attorney
City of Alameda