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Item 27 - Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections(2) Proposal to Permit Noncitizen Voting in Municipal Elections
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10/17/2023 Regular
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Item 27 - Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections(2) Proposal to Permit Noncitizen Voting in Municipal Elections
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10/11/2023 4:18:44 PM
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10/11/2023 3:19:51 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
27
Date
10/17/2023
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Section 8-3147 — Exemptions. <br />(a) Pursuant to the Costa -Hawkins Rental Housing Act, the provisions of this <br />ordinance regulating the amount of Rent that a Residential Real Property Owner may <br />charge shall not apply to the following: any Residential Real Property that has a <br />certificate of occupancy issued after February 1, 1995 (California Civil Code section <br />1954.52(a)(1)); and, any other provisions of the Costa -Hawkins Rental Housing Act <br />addressing exemptions, as applicable. <br />(b) Pursuant to the Mobilehome Residency Law, the provisions of this <br />ordinance regulating the amount of Rent that a Mobilehome Park Owner may charge for <br />a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to <br />a long term (more than one year) Rental Agreement (California Civil Code section <br />798.17); any newly constructed Mobilehome Space first offered for rent on or after <br />January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as <br />a person's primary residence that are not being leased to someone else (California Civil <br />Code section 798.21); and, any other provisions of the Mobilehome Residency Law <br />addressing exemptions, as applicable. <br />(c) Pursuant to the Tenant Protection Act of 2019, Civil Code section <br />1947.12(d), the provisions of this ordinance regulating the amount of Rent that a <br />Residential Real Property Owner may charge shall not apply to the following: <br />(1) Housing restricted by deed, regulatory restriction contained in an <br />agreement with a government agency, or other recorded document <br />as affordable housing for persons and families of very low, low, or <br />moderate income, as defined in Section 50093 of the Health and <br />Safety Code, or subject to an agreement that provides housing <br />subsidies for affordable housing for persons and families of very <br />low, low, or moderate income, as defined in Section 50093 of the <br />Health and Safety Code or comparable federal statutes. <br />(2) Dormitories owned and operated by an institution of higher <br />education or a kindergarten and grades 1 to 12, inclusive, school. <br />(3) Housing that has been issued a certificate of occupancy within the <br />previous 15 years. <br />(4) Residential Real Property that is alienable separate from the title to <br />any other dwelling unit, provided that both of the following apply: <br />A. The Owner is not any of the following: <br />i. A real estate investment trust, as defined in section 856 <br />of the Internal Revenue Code. <br />IOU <br />
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