HomeMy WebLinkAboutORD 3327• •
ORDINANCE NO. 3327
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING CHAPTER 9.68 OP THE PALO ALTO MUNICIPAL
CODE REQUIRING LANDLORDS TO OFFER CONTINUAL ONE
YEAR WRIT1.'EN LEASES TO TENANTS OF RESIDENTIAL
HOUSING
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION t. Section 9.68.020(d) (Definitions) of the Palo Alto
Municipal Code is hereby amended to read as follows:
111 (d) 'Rental unit' means a dwelling unit in
the City of Palo Alto with the land and appurtenant
buildings thereto and all housing services, privi
leges, and facilities supplied in connection with
the use or occupancy thereof, which unit is, or is
loca•· d in, a multiple-family dwelling, (including
a dupiex), boarding house, lodging hous€'"·, or
mobi lehome pai:k. The term 'rental unit 1 shall not
include:
( 1) A single-family unit;
(2) Rooms or accommodations in hotels,
boarding hOI.JSL'!S 1 or lodging houses which are "t"ented
t o t t~ a n s i e n t q L'l e s t s f or a p e r i o d o f 1 e s s t l:! an s 0
days;
(3) Dwelling units in nonprofit coopera
tives, or t.he J. ike, owned, occupied and controlled
by a majority of the residents;
(4) ~welling units in which housing ac
commodations are shared by l~ndlord and tenant;
( 5) Housing accommodations in any hos
pital, exte11dcd care facility, asylum, nonprofit
home for the aged, or in dormitories owned and
0pera ted by an i nst i tut ion of higher: education, a
high school or an elementary school:
( 6) Housing accommodations rented by a
:nedical i nst i tut ion which are then subleased to a
patient or a patient's family~
(7} Dwelling units whose rents a~e con
trolled or regulated by any government unit,
agency, or authority, or whose rent is subsidized
by any government unit, agency, or authority; or
(8) Dwelling units acquired by the City
of Palo Alto or any other government unit, agency,
or authority and intended to be used for a public
purpose.
SECTION 2. Section 9.68.030 (Requirement of offering one-year
written lease) is her~by amended to read as follows:
•9.68.030 Requireaent of offerin9 one-year
written leases. (a) Cff:Bi:.'. If a tenant or pro
spective tenan', wishes to rent a rental unit fl:'om a
landlord and if said landlord wishes to rent said
rental unit to said tenant or ~ ,;ospecti ve tenant,
the landlord must offer to the tenant or prospec
tive tenant a written lease which has a minimum
term of one year. Such offer must be made in
writing. Si·';}ning of a lease which hus a minimum
term of one year shall ~e considered an offer in
writing.
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"(b) Acceptance. If the tenant or prospec
tive tenant accepts the offer of a written lt:Clse
which has a minimum term of one year, this accep
.. ance must be jn writing. Signing o lease which
has a minimum term of one year will be considered
an accept:.ance.
"(c) Reje~tion. If the tenant or prospective
tenant rejects the offer for a ~ritten lease which
has a minimum term of one year, this rejection must
be in writing, and the 1 and lord and tenant or pro
spective tenant may then enter into an agreement,
oral ot written, that provides for a rental term of
less than one year.
"~d) Rent. If the landlord and tenant enter
into a written lease which has a minimum term of
one year, such lease must set the rent for the
rental unit at a rate or rates certain and these
rates shall not be otherwise modified during the
term of such lease. If the landlord intend:3 to
increase t!H~ rent for the :::.·e!'ltal unit at the end of
the lea:;e period, notice cf such rent increasf.::!
shali be delivered lO the t.e:nant. 60 days before
such rent increase is to take effect.
''(e) Renewal of leases. If both the landlord
and t h e t en ~ n t \If ish t o con t i n u e t he r e n t a 1 r e 1 a
ti0~ship, upon the expiration of the initial
written lease which has a minimum term of one yearr
a lease shall be offered again in accordance with
the procedures of Section 9.68.03G(a)-{d):
\1) Leases with a term of one year shall
be offered annually.
( 2) Leases ¥!it h a term longer than on2
year shall be renewable at the expiration of each
l~ase period for a minimum t~rm of one year.
{ :;; A landlord shall offer annually a
written lease with a minim~m term of one ye~r to a
tenant who rejected an initial offer of a written
lease with a minimum term of one year but who has
rented a unit from the landlord for a period of at
least twelve months.
"(f) Ap~licability of Section 9.68.030. This
section 9.68.030 shall not apply to:
{1} A unit which is rented on the effec
tive date of this ordinance~ provided that (i) if
the unit ts rented subject to a written lease, whe~
the lease in effec~ for such a unit expires, this
ordinance shall then apply~ ~nd (ii) if the unit is
rent€!d without a writ ten lease, within 30 days
after the effective date of this section, the land
lord shall offer a written lease to the tenant in
accordance with Section 9.68.030.
I) ( 2) An owner-occupied unit that is
rented to a tenant for less than one year: or
•(3) A rental ~nit occupied by a tenant
who sublea~es that unit to another tenant for less
than one yedr; or
"(4) A rental unit where tenancy is an
express condition of, or consideratio~ for employ
ment under a written rental agreement or contract.
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SECTION 3. The Council finds that none of the provisions of this
ordinance wrrr have a significant adverse environmental impact.
SECTION 4. The amendments to Chapter 9.68 contained in this ordi
nance shall become effective upon the commencement of the thirty-first
day after the day of its passage.
INTRODUCED: December 21, 19 81
PASSED: January 11, 1981.
AYES: Bechtel, Cobb, Fletcher 1 Klein, Levy, ReDzel
NOES: Witherspoon, Fazzino, Eyerly
ABSTENTIONS: None
ABSENT: None
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