Ordinance 3244CITY OF ALAMEDA ORDINANCE NO. 3244
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
ARTICLE XV OF CHAPTER VI TO ELIMINATE "NO CAUSE" (NOTICE
TO VACATE) AS A GROUNDS FOR EVICTION FROM ORDINANCE
NO. 3148 (CITY OF ALAMEDA RENT REVIEW, RENT
STABILIZATION AND LIMITATIONS ON EVICTIONS ORDINANCE)
WHEREAS, in response to community concern that rents in Alameda were rising
at a rate greater than household incomes and that some landlords were terminating
tenancies for no cause in order to raise rents, after numerous public hearings, the
Alameda City Council on March 1, 2016, adopted an Ordinance (Ordinance No. 3148),
which became effective March 31, 2016, that sets forth (a) procedures for the review of
rent increases applicable to all rental units, (b) procedures for the stabilization of rent
increases above 5% for certain rental units, (c) limitations on the grounds for which
landlords may terminate tenancies for tenants in all rental units and (d) a requirement that
landlords pay relocation fees when terminating a tenancy for certain reasons, such as a
"no cause" tenancy termination; and
WHEREAS, the City Council placed on the November 8, 2016 ballot a measure
(designated as Measure L 1) asking Alameda voters to confirm Ordinance No. 3148 but
which measure, if passed by a majority vote, also provided that the City Council would
retain the authority to amend, suspend or repeal Ordinance No. 3148 without a further
vote of the people; and
WHEREAS, Alameda voters passed Measure L 1 with 55.5% of the voters in favor
of the measure; and
WHEREAS, following a citizen-initiative that garnered a sufficient number of
signatures, the City Council placed on the November 6, 2018 ballot a measure
(designated Measure K) asking Alameda voters to place Ordinance No. 3148, with certain
exceptions, in the City's Charter, including the right of landlords to evict tenants for "no
cause" with certain limitations, which if adopted would have required voter approval to
eliminate "no cause" as a grounds for eviction in the City of Alameda; and
WHEREAS, Alameda voters rejected Measure K with 60.3% of voters voting
against the measure; and
WHEREAS, the present shortage of rental housing units and the prevailing rent
levels have a detrimental effect on the health, safety, and welfare of a substantial number
of Alameda residents, particularly senior citizens, persons in low-and moderate-income
households, and persons on fixed incomes; and
WHEREAS, the stability of housing is important for individuals and families in rental
housing and in particular, tenants desire to be free from the fear of eviction for "no cause";
and
WHEREAS, based on public testimony, the information and reports in its agenda
packets, and other information and testimony presented by or to the City Council on May
21, 2019, the City Council finds and determines that to continue to protect the public
health, safety, and welfare of Alamedans, including by stabilizing rents, addressing the
impacts of displacement and evictions, and ensuring a fair return on real property, the
Council seeks to take affirmative action to amend the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
ORDAIN AS FOLLOWS:
Section 1: REPEAL. Subsection A. of Section 6-58.140 (Evictions and Terminations
of Tenancies) of Chapter VI of Article XV of the Alameda Municipal Code is repealed in
its entirety, as follows:
A. [Reserved].
Section 2: Subsection R. of Section 6-58.15 (Definitions) of Chapter VI of Article XV of
the Alameda Municipal Code is repealed in its entirety, as follows:
R. [Reserved].
Section 3: Section 6-58.30 (Documents That the Landlord Must File with the Program
Administrator) of Chapter VI of Article XV of the Alameda Municipal Code is amended, as
follows:
A. [No change];
B. [No change];
C. [No change];
D. Certain notices to terminate a tenancy (Section 6-58.140 F, G, H, I and J; Section 6-
58.155);
E. The amount of the Rent for the new Tenant when the prior tenancy was terminated
for no cause;
F. [No change];
G. [No change];
H. [No change];
I. [No change]; and
J. [No change].
Section 4: Subsection B. of Section 6-58.35 (Offer of a One Year Lease) of Chapter VI
of Article XV of the Alameda Municipal Code is amended, as follows:
B. Any current Tenant with a lease at the first time the Landlord serves a notice of Rent
Increase following the effective date of the Ordinance codified in this Article unless the
Tenant is in default under the lease and offering a lease to the Tenant may waive any
claims the Landlord has regarding the default. If the current lease is not a fixed term lease,
the Landlord shall not offer the Tenant a fixed term lease unless the Tenant requests such
a lease. The Landlord must offer a Tenant a lease that has terms materially the same as
the terms in the current lease as to duration, Housing Services and household
composition provided such terms do not conflict with this Article.
Section 5: Subsections A and C. of Section 6-58.150 (Required Payment of a
Relocation Fee) of Chapter VI of Article XV of the Alameda Municipal Code is amended,
as follows:
A. If the Landlord has taken any action to terminate a tenancy on the grounds set forth in
subsection F, G, H, I or J of Section 6-58.140, the Landlord shall pay a relocation fee in
an amount of one (1) month's Rent, as averaged over the twelve (12) months preceding
the serving of the notice to vacate, for each year, or portion thereof, to a maximum of four
(4) months' Rent if the tenant has lived in the Rental Unit for four (4) or more years, plus
one thousand six hundred sixty five ($1,665.00) dollars. The one thousand six hundred
sixty five ($1,665.00) dollars will be adjusted on January 1 of each year based in the
change of the Consumer Price Index from the previous January 1.
B. [No change.]
C. Notwithstanding subsection A of Section 6-58.150, as to any Rental Unit to be vacated
under subsection G or I of Section 6-58.140, a Tenant has the choice to remain in the
Rental Unit, starting from the eviction date in the notice to vacate, an additional month for
every year, or portion thereof, up to a maximum of four (4) months if the Tenant has lived
in the Rental Unit for four (4) or more years, but the Landlord's requirement to pay the
relocation fee will be reduced by one (1) month's Rent for every month, or portion thereof,
the Tenant remains in the Rental Unit beyond the date on which the Tenant was required
to vacate.
D. [No change.]
Section 6: Subsection C. of Section 6-58.155 (Service and Contents of the Written
Notices to Terminate a Tenancy) of Chapter VI of Article XV of the Alameda Municipal
Code is amended, as follows:
C. If the cause for terminating the tenancy is for the grounds in subsection F, G, H, I or
J of Section 6-58.140, the notice shall also inform the Tenant that the Tenant is entitled
to a relocation fee in the amount then in effect.
Section 7: CEQA DETERMINATION
The City Council finds and determines that the 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 Guidelines, Section 15378 (not a project)
and Section 15061 (b)(3) (no significant environmental impact).
Section 8: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this Ordinance are severable.
The City Council declares that it would have enacted each section, subsection,
paragraph, subparagraph and sentence notwithstanding the invalidity of any other
section, subsection, paragraph, subparagraph or sentence.
Section 9: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30)
days from the date of its final passage.
Attest:
Lara Weisiger, City Cler
*****
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 4th day of June, 2019, by the following vote to wit:
AYES: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy
Ashcraft-4.
NOES: Councilmember Daysog -1 .
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 5th day of June, 2019.
Approved as to form: