HomeMy WebLinkAbout01. Adopt Urgency Ord to Temporarily Prohibit No-Fault Evictions until December 31, 2019APPROVED BY
CITY MANAGER
•HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIE
FROM: OFFICE OF THE CITY MANAGER]
By: Gilbert A. Livas, City Manag
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SUBJECT: ADOPTION OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DOWNEY TO TEMPORARILY PROHIBIT NO-FAULT EVICTIONS OF
TENANTS FROM RESIDENTIAL RENTAL PROPERTIES UNTIL DECEMBER 31,
2019
That the City Council take the following action:
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The California Legislature passed the "Tenant Protection Act of 2019", Assembly Bill 1482 ("AB
1482"), effective January 1, 2020, which prohibits evictions without "just cause", and prevents
owners of residential rental property from increasing rents each year more than 5% plus the
percentage change in the cost of living or 10%, whichever is lower. In advance of the
implementation of AB 1482, no-fault eviction notices and threats of eviction of tenants from
residential rental properties in Downey have been reported by tenants at multiple City Council
meetings.
On November 12, 2019, the City Council discussed various options to address no-fault evictions
of tenants in rental properties in Downey. At the conclusion of the discussion, the Council
directed, among other things, that the City Attorney return with an urgency ordinance to
temporarily prohibit no-fault evictions of tenants from residential rental properties until
December 31, 2019.
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In an effort to address the impacts of no-fault evictions of Downey renters and to prevent
tenants from losing their rental units and becoming displaced, adoption of the proposed Urgency
Ordinance would immediately implement a tenant protection policy prohibiting no-fault evictions
through December 31;_2019 for residential rental property issued a certificate of occupancy prior
to January 1, 2005. If adopted, the Urgency Ordinance would prevent owners of residential
rental property from evicting tenants without just cause until AB 1482, which does the same,
takes effect on January 1, 2020.
The Urgency Ordinance would take effect immediately upon adoption and expire at
midnight on December 31, 2019.
CITY COUNCIL PRIORITIES
Quality of Life, Neighborhood & Infrastructure
None.FISCAL IMPACT
Attachment A: Urgency Ordinance
IN
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
TO TEMPORARILY PROHIBIT NO-FAULT EVICTIONS OF TENANTS FROM RESIDENTIAL
RENTAL PROPERTIES UNTIL DECEMBER 31, 2019
WHEREAS, the California Legislature passed the "Tenant Protection Act of 2019",
Assembly Bill 1482 ("AB 1482"), effective January 1, 2020, which prohibits evictions without
"just cause", and prevents owners of residential rental property from increasing rents each year
more than 5% plus the percentage change in the cost of living or 10%, whichever is lower; and
WHEREAS, effective January 1, 2020, AB 1482 will provide renter protections to many
households in the City of Downey; and
WHEREAS, in advance of the implementation of AB 1482, no-fault eviction notices and
threats of eviction of tenants from residential properties have occurred and continue to occur in
the City of Downey; and,
HAS, the City Council has received public testimony at multiple meetings from
Downey tenants stating the following:
a. That tenants and their children, including some single parent families,
and tenants with disabilities or retired and on fixed incomes, have been served with no-fault
eviction notices or have been threatened with eviction from their residential rental units without
just cause; and,
b. That tenants and their children, including some single parent families, and
tenants with disabilities or retired and on fixed incomes, are on the verge of being displaced as
they may be unable to find suitable, affordable replacement housing; and,
C. That tenants and their neighbors have lodged complaints against their
landlords over the unsuitability and/or inhabitability of their rental units and are now being
threatened with eviction without just cause; and,
d. That some tenants are afraid to lodge complaints against their landlords
over the habitability of their rental units for fear of being evicted without just cause; and,
WHEREAS, in accordance with California Government Code, Section 36937 and
Downey City Charter Section 511 and based on the recitals set forth herein, the City Council
finds that this Urgency Ordinance is necessary to immediately preserve and protect the public
peace, health, safety and welfare and is enacted pursuant to the City's police powers afforded
by the California State Constitution and State law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by
this reference as findings in support of the regulations contained in this Urgency Ordinance.
SECTION 2. The City Council of the City of Downey hereby enacts the following
Urgency Ordinance to prohibit no-fault evictions through December 31, 2019 for residential
ATTACHMENT A
rental property issued a certificate of occupancy prior to January 1, 2005 in accordance with the
regulations set forth below:
TEMPORARY PROHIBITION OF NO-FAULT EVICTIONS.
Temporary • f ti • •. •Evictions—Purpose and Intenj
On October 8, 2019, AB 1482 was signed into law to address a key cause of California's
affordable housing crisis by preventing the rapid increase of rents and arbitrary evictions. AB
1482 becomes effective on January 1, 2020.
The State of California is experiencing a housing affordability crisis, which is resulting in
the displacement of residents throughout the State. Rapidly escalating real estate values and
high demand for housing in Downey provide an incentive for landlords to evict long-term, lower-
income tenants, without cause, in order to attract tenants who can pay higher rents, before AB
1482 becomes effective. Tenants in Downey have reported experiencing no-fault eviction
notices or threats of no-fault evictions. Moreover, tenants subject to no-fault evictions are
unable to find suitable and affordable rental housing in a high-priced rental market in Downey. It
is therefore imperative that the City implement temporary strategies to keep people from losing
their rental units and becoming displaced.
Based on the recitals above which are hereby incorporated by reference herein, it is the
purpose and intent of this Ordinance to immediately preserve and protect the public peace,
health, safety and welfare by temporarily prohibiting no-fault evictions by Owners of residential
real property, which were issued a certificate of occupancy prior to January 1, 2005, until AB
1482 becomes effective on January 1, 2020.
The following words and phrases, whenever used in this Ordinance, shall be construed
as defined in this section:
"Owner" shall mean any person, acting as a principal or through an agent offering
residential real property for rent, and includes a predecessor in interest to the owner.
"Residential real property" means any dwelling or unit that is intended or used for human
habitation.
A. Through December 31, 2019, the Owner of residential real property shall not
terminate a lawful tenancy without at -fault just cause, unless the termination is required to
comply with an order issued by a government agency or court necessitating vacating the
residential real property or to comport with due process, federal, or state law, which shall be
stated in the written notice of termination of tenancy. This prohibition shall also apply to an
Owner's action that constitutes constructive eviction under California law. An Owner's failure to
comply with this Ordinance shall render any notice of termination of tenancy void. This
Ordinance may be asserted as an affirmative defense in an unlawful detainer action. An
Owner's failure to comply with this Ordinance does not constitute a criminal offense.
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B. At -fault just cause is the following. -
1 .
ollowing:
1. Default in the payment of rent.
2. A breach of a material term of the lease or agreement, as described in
paragraph (3) of Section 1161 of the California Code of Civil Procedure, including, but not
limited to, violation of a provision of a lease or agreement after being issued a written notice to
correct the violation.
3. Maintaining, committing, or permitting the maintenance or commission of
a nuisance as described in paragraph (4) of Section 1161 of the California Code of Civil
Procedure.
4. Criminal activity by the tenant on the residential real property, including
any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of
Section 422 of the California Penal Code, on or off the residential real property against the
Owner of the residential real property.
5. Assigning, subletting or committing waste on the premises in violation of
the tenant's lease or agreement, as described in paragraph (4) of Section 1161 of the California
Code of Civil Procedure.
6. The tenant's refusal to allow the Owner to enter the residential real
property as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections
13113.7 and 17926.1 of the California Health and Safety Code.
7. Using the premises for an unlawful purpose as described in paragraph (4)
of Section 1161 of the California Code of Civil Procedure.
8. The employee, agent, or licensee's failure to vacate after their termination
as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the
California Code of Civil Procedure.
9. When the tenant fails to deliver possession of the residential real property after
providing the Owner written notice as provided in Section 1946 of the California Civil Code of
the tenant's intention to terminate the hiring of the real property, or makes a written offer to
surrender that is accepted in writing by the Owner, but fails to deliver possession at the time
specified in that written notice as described in paragraph (5) of Section 1161 of the California
Code of Civil Procedure.
C. This Ordinance shall not apply to any of the following residential real property or
residential circumstances:
1. Transient and tourist hotel occupancy as defined in subdivision (b)of Section
1940 of the California Civil Code.
2. Housing accommodations in a nonprofit hospital,- religious facility, extended
care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the
Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of
Title 22 of the Manual of Policies and Procedures published by the State Department of Social
Services.
3. Dormitories owned and operated by an institutionofhigher education or a
kindergarten and grades 1 to 12, inclusive, school.
4. Housing accommodations in which the tenant shares bathroom or kitchen
facilities with the Owner who maintains their principal residence at the residential real property.
5. Single-family owner -occupied residences, including a residence in which the
owner -occupant rents or leases no more than two units or bedrooms, including, but not limited
to, an accessory dwelling unit or a junior accessory dwelling unit.
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6. A duplex in which the Owner occupied one of the units as the owner's principal
place of residence at the beginning of the tenancy, so longus the owner continues in
occupancy.
7. Housing that has been issued a certificate of occupancy within the previous 15
years.
8. Residential real property that is alienable separate from the title to any other
dwelling unit, provided that the Owner is not any of the following:
(a) A real estate investment trust,- as defined in Section 856 of the Internal
Revenue Code.
(b) A corporation.
(c) A -limited liability company in which at least one member is a corporation.
9. Housing restricted by deed, regulatory restriction contained in an agreement
with a government agency, or other recorded document as affordable housing for persons and
families of very low, low, or moderate income, as defined in Section 50093 of the Health and
Safety Code, or subject to an agreement that provides housing subsidies for affordable housing
for persons and families of very low, low, or moderate income, as defined in Section 50093 of
the Health and Safety Code or comparable federal statutes.
This Ordinance shall apply to tenancies where the tenant remains in possession and the
period of notice required under California Civil Code section 1946.1 has not expired.
V. Severability. If any article, section, subsection, paragraph, sentence, clause or
phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional
or otherwise 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
article, section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective
of the fact that any one or more articles, sections, subsections, paragraph, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional.
SECTION 3. The City Council finds and declares that his Urgency Ordinance is required
for the immediate preservation and protection of the public peace, health, safety and welfare for
the following reasons: The City of Downey would suffer potentially irreversible displacement of
tenants resulting from no-fault evictions during the period before AB 1482 becomes effective.
The City Council, therefore, adopts this Urgency Ordinance to become effective immediately
upon adoption pursuant California Government Code, Section 36937 and Downey City Charter
Section 511.
SECTION 4. The City Council finds that this Urgency Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, as it is not a
"project" and has no potential to result in a direct or reasonably foreseeable indirect physical
change to the environment. (14 Cal. Code Regs. Section 15378(a)). Further, this Urgency
Ordinance is exempt from CEQA as there is not possibility that this Urgency Ordinance or its
implementation would have a significant negative effect on the environment. (14 Cal Code
Regs. Section 15061(b)(3)).
SECTION 5. This Urgency Ordinance is adopted pursuant to Government Code
Section 36937 (b) and Downey City Charter Section 511 and shall _become effective
immediately upon its adoption by a four-fifths (4/5th) vote of the City Council. This Urgency
Ordinance shall expire at 12 midnight on December 31, 2019.
SECTION_ 6. The City Clerk shall certify to the adoption of this Urgency Ordinance and
cause the same to be published in the manner prescribed by law.,,
APPROVED AND ADOPTED this 20th day of November, 2019,
Blanca Pacheco, Mayor Pro Tem
ATTEST::
Maria Alicia Duarte, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss:
CITY OF DOWNEY )
HEREBY CERTIFY that the foregoing Urgency Ordinance No. 19- was
introduced and adopted at an Adjourned Regular Meeting of the City Council of the City of
Downey held on the 20th day of November, 2019, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Urgency Ordinance No. 19
was published in the Downey Patriot, a newspaper of general circulation in the City of
Downey, on 2019, (after adoption). It was also posted in the regular
posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk