HomeMy WebLinkAboutStaff Report 380-08TO:
FROM:CITY MANAGER
DATE:OCTOBER 6, 2008
REPORT TYPE: PUBLIC HEARING
SUBJECT:
HONORABLE CITY COUNCIL
DEPARTMENT: COMMUNITY SERVICES
CMR: 380:08
ADOPTION OF 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
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
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.
In addition, the HRC supported a recommendation to amend the ordinance with a
communication plan for conveying the requirements of the ordinance to landlords that had the
following elements:
CMR:380:08 Page 1 of 2
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.
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 def’mition of
"project" pursuant to California Public Resources Code Section 21065.
ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
CMR 297:08 Human Relations Commission Recommendation to amend
Palo Alto Municipal Code chapter 9.72 (Mandatory Response to Requests
for Discussion of Disputes between Landlords and Tenants) to void rent
increases given without required notice of the tenant’s rights to mediation
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
Minutes to the April 10, 2008 Human Relations Commission 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
CMR:380:08 Page 2 of 2