Residential Rent Review Program Modification
Tenant Relo Assistance
Just Cause Eviction
Just Cause Eviction
City of Concord
In May, the City of Concord’s Ad-Hoc Committee on Rental Housing published a draft report that was discussed at a public community meeting held May 29th. All Concord citizens and the business community wer invited to attend to issue opinions, questions and concerns.
The proposal from the Ad-Hoc Committee included some of the following:
- Modification to the Residential Rent Review Program – Mandating participation by landlords for any rent increase greater than 5% in front of an Administrative Law Judge.
- Relocation Assistance for Tenants – Requiring landlords to pay up to three months’ worth of rent, determined by the monthly average rent based on the unit size (established annually by the City), if a lease is not renewed.
- Just Cause Eviction –Would require property owners to give reason as to why a lease was not renewed and limits property owner’s ability provide safe housing/community for all residents. This would encompass all properties in Concord, including single-family homes.
Nothing was off the table, including Rent Control and a Rent Moratorium.
However, on June 19th at a Special City Council Meeting, the City Council received and listened to five hours of public comment regarding the recommendations from the Concord Ad-Hoc Committee on Rental Housing. Unlike the public meeting that occurred in May, this meeting consisted of the full council to discuss and provide staff direction on items brought forward by the Ad-Hoc Committee.
The following items will be either studied and/or brought back for review at a future council meeting, yet to be set.
Some of the council members made it clear, that while some of these items may come back, they may not garner majority vote of the council for final approval.
4.1 – Modify Residential Rent Review Program: Majority of the council stated they would like staff to study adding an Administrative Law Judge (ALJ) and binding mediation with a threshold of 7% +CPI. While two council members would prefer to see if lower than 7% + CPI, it was made clear last night that no matter what the Council approves in the end, it is not set in stone and can always be changed with a Majority vote of the council at a future date. There was also discussion by the council that this program would be based on Landlord notification and not Tenant complaints.
4.2 – Extend Property Owner Notice Requirements: California Apartment Association notified the Council via public letter, that this recommendation is illegal and has caselaw they can share. However, the council did request that staff check if there would be a problem for the City to require extending the period of notice of termination, specifically for seniors and disabled tenants.
4.3 – Relocation Assistance for Tenants: Relocation Assistance for Tenants – At least two and possibly three council members do not currently support 4.3 as written. Therefore, there was an agreement for staff to gather more information regarding relocation for the council to review. It was clearly stated that not all are sold on the idea of relocation assistance.
4.4 – Just Cause Eviction: There were not enough votes for this item to move forward.
4.5 – Minimum Term Lease, 4.6 – Land Trust/Preserve Long Term Affordability, 4.7 – Support Housing Legislation at State Level, and 4.8 – City Communication re: Affordable Housing: There was consensus by council to approve the above items.
As mentioned earlier City staff has not set a date as to when these items will be coming back to Council.
For more information on the Ad-Hoc Committee recommendations, view the full report at:
City of el cerrito
Just Cause Eviction Update
Over the past year, CCAR and the Contra Costa Chapter of the California Apartment Association have been meeting with City Council and working with City staff to keep Rent Stabilization and Just Cause Eviction at bay. However, on May 21st, the El Cerrito City Council approved final language for a Rent Registry and Just Cause Eviction ordinance.
Per the City, the sole purpose of the Rent Registry is to gather data to measure what is occurring as it relates to tenant evictions and rent increases. By now, many property owners have received paperwork with their Business License Tax Renewal notice, notifying them that they will need to register all their rental properties with the City and pay a fee of $44/unit. This ordinance includes all property types and size.
The Just Cause Eviction Ordinance that was passed targets 5+ units; exempting 4 units and less (including single family homes), along with any development built after 2016, allowing for protections for new or future development. This ordinance was scheduled to go into effect on Friday, June 21st.
On June 17th a referendum to repeal the Just Cause Eviction Ordinance has been filed with the City of El Cerrito. There were nearly 2,200 signatures gathered and presented to the City Clerk and only 1,631 signatures were needed to qualify the referendum. Since then, the City has delivered the petitions to the Contra Costa County Registrar of Voters to verify the signatures, in which they have 30 days to do so.
As mentioned, the Just Cause Eviction Ordinance was scheduled to take effect this Friday, June 21st. However, as of June 27, 2019, CAA Contra Costa Chapter received word that we received a Certificate of Petition from the City of El Cerrito, stating that the County Registrar has completed the verification process and has exceeded the required valid signatures to qualify for the referendum of the Just Cause Eviction Ordinance. That means the Just Cause Ordinance is suspended!
As required by State law, the El Cerrito City Council will certify the results at their next regularly schedule council meeting, which will be held on Tuesday, July 16, 2019.
After the City Council certifies the results, they have one of the three following options:
- Repeal the ordinance
- Order a special election at least 88 days in the future
- Order the item go to the voters during the next regularly scheduled municipal election – November 2020.
Thanks to all those who participated in the referendum.