HomeMy WebLinkAboutStaff Report 10844
City of Palo Alto (ID # 10844)
City Council Staff Report
Report Type: Action Items Meeting Date: 11/18/2019
City of Palo Alto Page 1
Summary Title: Colleagues' Memo Regarding Urgency Ordinance Regarding
Renter Protections
Title: Colleagues' Memo From Council Members Kou and DuBois and
Potential Adoption of an Urgency Ordinance to Provide Just Cause Eviction
Protections to Tenants Until California State Assembly Bill 1482 Takes Effect
on January 1, 2020
From: City Manager
Lead Department: City Clerk
Goals
To temporarily prohibit no-fault evictions through December 31, 2019, for all residential
real property that will be covered by Assembly Bill 1482 beginning on January 1, 2020.
Background and Discussion:
Assembly Bill 1482, the Tenant Protections Act of 2019, was signed by Governor
Newsom on October 8, 2019. Escalating real estate values with the assistance of the
deregulation of zoning provides an incentive to landlords to evict long-term, lower-
income tenants, in order to raise rents and attract wealthier tenants, reducing the local
diversity socio-economic of Palo Alto’s population. It has been reported, since the
anticipation of the Tenant Protection Act of 2019 legislation, there has been an
escalation of harassment by landlords in order to encourage tenants to move out
voluntarily. However, since the Governor’s signing of the legislation, there is a surge of
calls and inquiries from community advocates and tenants facing steep rent increases,
some as much as 30% rent increase and facing evictions, also facing increases in costs
of parking, lock services and other bundled amenities. While landlords may properly
evict tenants for cause under the provision of state law, landlords should not be able to
evict tenants in good standing without cause simply to avoid the limitation on rent-
gouging afforded to renters under the new law. Hence, it is imperative for the City of
Palo Alto to issue an emergency ordinance to keep people housed and provide a sense
of stability.
Proposal
Request the City Attorney to report on:
City of Palo Alto Page 2
1. An emergency ordinance implementing a temporary moratorium on no-fault evictions
for rental units built prior to January 1, 2012, effective through December 31, 2019.
2. The use State of California price gouging laws to prevent prohibitive rent increases
before Assembly Bill 1482 takes effect on January 1, 2020.
3. This emergency ordinance shall apply to tenancies where the tenant remains in
possession and the eviction lawsuit has not been adjudicated.
Direct City Manager staff to:
1. Inform Palo Alto rental residents of legal resources to help them address any
disputes with their landlords.
2. Inform property owners and landlords of rental property of their obligations under
Assembly Bill 1482 and any locally-established ordinances.
Resource Impact
Due to the short timeframe to adopt tenant protections (through January 1, 2020),
existing resources in the City Manager’s Office, City Attorney’s Office and Planning and
Development Services are being redirected to draft an ordinance for the Council’s
consideration on November 18th. Also due to the short timeframe, any outreach on a
potential urgency ordinance will be limited to electronic (email and social media)
distribution methods.
If the Council adopts an ordinance, some staff resources will be needed for public
outreach and education regarding the rights and responsibilities of landlords and
tenants, responding to public inquiries, and making referrals. Tenant protections are
enforced by tenants in private litigation with their landlords. The City does not
investigate alleged violations or adjudicate tenant-landlord disputes. This is true for
protections provided by a temporary City ordinance (before January 1st) as well as by
AB 1482 (after January 1st). The City provides voluntary mediation services through
Project Sentinel and can refer tenants to other resources, such as non-profit legal
services agencies.
Appendices:
Report by City of Los Angeles City Attorney http://clkrep.lacity.org/onlinedocs/2019/19-
1232_misc_10-22-2019.pdf
City of Los Angeles Draft Ordinance http://clkrep.lacity.org/onlinedocs/2019/19-
1232_ord_draft_10-22-2019.pdf
City of Los Angeles Final Ordinance http://clkrep.lacity.org/onlinedocs/2019/19-
1232_ORD_186340_10-24-2019.pdf
City of Redwood City Draft Ordinance
https://meetings.redwoodcity.org/AgendaOnline/Documents/ViewDocument/ATTACHME
NT%20B%20-
%20URGENCY%20ORDINANCE.pdf?meetingId=2048&documentType=Agenda&itemId
=2741&publishId=4267&isSection=false
Attachments:
• Attachment A: Urgency Ordinance
The Urgency Ordinance is still being reviewed and will be produced on Thursday,
November 14, 2019 as a late packet memo.