HomeMy WebLinkAboutStaff Report 137-09
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TO: HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES
DATE: MARCH 16, 2009 CMR: 137:09
REPORT TYPE: PUBLIC HEARING
SUBJECT: Human Relations Commission and Policy and Services Committee
Recommendation to Adopt an Ordinance Amending Section 9.72.070 of
Chapter 9.72 [Mandatory Response to Request for Discussion of Disputes
Between Landlord and Tenants] of Title 9 of the Palo Alto Municipal Code to
Void Rent Increases Given Without Notice of the Right to Mediation
EXECUTIVE SUMMARY
This report conveys to the City Council the recommendations of the Policy and Services
Committee and the Human Relations Commission regarding amending Section 9.72.070 of
Chapter 9.72 (Mandatory Response to Request for Discussion of Disputes between Landlord and
Tenants) to provide that a landlord’s failure to provide the notice required by section 9.72.070 of
a tenant’s rights to mediation services in a rental agreement, lease or other written document that
changes the term of tenancy for a residential rental property shall void an increase The report
also includes recommendations for a communication plan for conveying the requirements of the
ordinance to landlords.
RECOMMENDATION
Staff recommends that City Council adopt the attached ordinance amending Section 9.72.070 of
Palo Alto Municipal Code (PAMC) chapter 9.72 (Mandatory Response to Request for
Discussion of Disputes between Landlords and Tenants) to void increases in rents when a rental
agreement, lease or other written document that changes the term of tenancy for a residential
rental property is not accompanied by the notice required by section 9.72.070 of a tenant’s rights
to mediation services.
BACKGROUND AND COMMITTEE REVIEW AND RECOMMENDATIONS
The Policy and Services Committee concurred with the Human Relations Commission’s (HRC)
recommendation and voted unanimously at its July 8, 2008 meeting to recommend that the City
Council amend Chapter 9.72 of the Municipal Code to add language to Section 9.72.070 to void
increases in rents when a rental agreement, lease, or other written document that changes the
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term of tenancy for a residential rental property is not accompanied by the notice required of
tenant’s rights to mediation services.
The HRC recommended the amendments to PAMC Sections 9.72.070 at its April 10, 2008
meeting after receiving testimony from Mr. Martin Eichner, Director of Dispute Resolutions for
Project Sentinel, the City of Palo Alto’s facilitation administrator. He stated that, although the
Mandatory Response Ordinance continues to receive excellent satisfaction ratings from both
tenants and landlords who participated in the sessions, he has concluded the program has been
underutilized in Palo Alto, with only 30 cases in 2005, 29 cases in 2006 and 27 cases in 2007.
Additional comparison data to other cities is in the attached City Manager’s Report: 297:08
(Attachment A).
In addition, the HRC suggested that staff develop a communication plan for conveying the
requirements of the ordinance to landlords that would include the following elements:
Communication using e-mail, website, or other means targeting all landlords encouraging
them to register and educating them about the ordinance;
Similar notification about the ordinance targeting landlords already registered;
A 90 day grace period for all landlords to register and comply with the ordinance.
Upon adoption of the amended ordinance, staff will develop a communication plan in accordance
with the HRC’s recommendation and present the draft plan to the HRC for review. A draft
communication plan will be presented to the HRC sixty days after the ordinance amendment is
approved by the City Council.
The Policy and Services Committee considered this item on July 8, 2008. During the meeting, a
member of the public questioned the applicability and consistency of sections 9.72.030 and
9.72.050 of Chapter 9.72 related to rental property registration. These provisions appear to
contradict each other. However, Section 9.72.050 creates definitions for the purposes of
property registration only and these are different from the definition in Section 9.72.030
(applicable to the whole chapter). As registration raises a different issue from notice of the right
to mediate, staff will review the registration issue separately and return to Council and
Commissions for modifications as necessary. This will allow the mediation changes to move
forward.
ENVIRONMENTAL REVIEW
Approval of this amendment to PAMC section 9.72.070 does not require review under the
California Environmental Quality Act (CEQA) because it does not meet the definition of
“project” pursuant to California Public Resources Code Section 21065.
ATTACHMENTS
Attachment A: CMR 297:08 Human Relations Commission Recommendation to amend
Palo Alto Municipal Code chapter 9.72 (Mandatory Response to Requests
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for Discussion of Disputes between Landlords and Tenants) to void rent
increases given without required notice of the tenant’s rights to mediation
Attachment B: Ordinance Amending Section 9.72.070 Of Chapter 9.72 [Mandatory
Response To Request For Discussion Of Disputes Between Landlord And
Tenants ] Of Title 9 Of The Palo Alto Municipal Code To Void Rent
Increases Given Without Notice Of The Right To Mediation
Attachment C: Minutes of the April 10, 2008 Human Relations Commission meeting
Attachment D: Minutes of the July 8, 2008 Policy and Services Committee meeting
PREPARED BY: ____________________________________________________
KATHY ESPINOZA-HOWARD
Division Manager, Cubberley Center and Human Services
DEPARTMENT APPROVAL: _________________________________________
GREG BETTS
Interim Director of Community Services
CITY MANAGER APPROVAL: ________________________________________________
JAMES KEENE
City Manager