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AGENDA PACKET_2021-09-21
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AGENDA PACKET_2021-09-21
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9/21/2021
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<br />Rent Stabilization Ordinance and Just Cause Eviction Ordinance <br />September 21, 2021 <br />Page 7 <br />b.A change in the terms of the tenancy that is not the result of an express <br />written agreement signed by both of the parties. <br />c.A landlord shall not take any action to terminate a tenancy based on a tenant <br /> /resident’s sublease of the rental unit if certain requirements are met as <br />described in the Ordinance. <br />d.Eviction Protections for Victims of Domestic Violence, Elder or Dependent <br />Adult Abuse, or Sexual Assault, Human Trafficking, or Stalking. <br />5.Adds a requirement that the owner must provide advance notice to the tenant of <br />the ability to reoccupy the unit upon completion of repairs or the right of first refusal <br />of a comparable unit. <br /> 6.Adds relocation assistance equal to three (3) months of the tenant’s rent if an <br />owner issues a notice to terminate for no-fault just cause. <br />7.Adds retaliatory eviction and anti-harassment regulations. <br />Enforcement <br />In the interim period, the City of Santa Ana will not be responsible for the enforcement of <br /> the Ordinances. This is similar to how the State’s Tenant Protection Act of 2019 (AB 1482) <br />is enforced. When a landlord accepts, receives, or retains any payment or payments in <br />excess of the lawful rent pursuant to the Ordinance, the tenant/mobile home owner/ <br />resident may file a civil suit against the landlord. A tenant/mobile home owner/resident <br />may bring a civil suit in the court alleging that a landlord has violated any of the provisions <br />of the Ordinance(s). A landlord found to violate the Ordinance(s) shall be liable to the <br />tenant/mobile home owner/resident for all actual damages. Tenants/mobile home <br />owners/residents and landlords of rental units or mobile homes may seek relief from the <br />appropriate court in the City of Santa Ana to enforce any provision of the Ordinance(s) or <br />its implementing regulations or to restrain or enjoin any violation of the Ordinance(s) and <br />of the rules, regulations, orders, and decisions of the City. However, a consultant hired <br /> by the City will enforce and administer an owner’s right to a fair return process under the <br />Rent Stabilization Ordinance as required in the Ordinance. <br />Resolution to Conduct due Diligence and Research on Rent Control Board <br />The Housing Ad Hoc Committee recommends adoption of a Resolution directing staff to <br />conduct further study of the additional regulatory framework and infrastructure necessary <br />to implement residential rent stabilization, just cause eviction, and other protections for <br />tenants facing housing instability (Exhibit 5). These measures are to include the creation <br />and operation of a Rent Control Board or similar body, a rent registry, and the related <br />costs thereof. <br />Due to the nature of this due diligence process, which could take staff from nine to 12 <br />months to complete, the Committee determined that a resolution to conduct this due <br />diligence would be the most effective method to adopt the Ordinances. On February 6, <br /> <br />
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