HomeMy WebLinkAboutCM Rental Housing Ordinances____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 06/03/2019
Disposition: Passed Ordinances 1971 and 1972 to print
Agenda Item No: 5.a
Meeting Date: June 3, 2019
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Manager’s Office
Prepared by: Andrew Hening,
Director of Homeless
Planning & Outreach
City Manager Approval: ___________
TOPIC: RENTAL HOUSING ORDINANCES
SUBJECT: 1. ORDINANCE AMENDING THE SAN RAFAEL MUNICIPAL CODE
BY ADDING NEW CHAPTER 10.100 CONCERNING “RENTAL HOUSING
DISPUTE PROGRAM”
2. ORDINANCE AMENDING THE SAN RAFAEL MUNICIPAL CODE
BY ADDING NEW CHAPTER 10.105 CONCERNING “CAUSE
REQUIRED FOR EVICTION”
RECOMMENDATION: Conduct a public hearing regarding proposed ordinances to add Chapter 10.100,
entitled “Rental Housing Dispute Program”, and Chapter 10.105, entitled “Cause Required for Eviction”,
to the San Rafael Municipal Code and pass the ordinances to print.
BACKGROUND: The City Council’s Goals and Strategies for Fiscal Year 2018-19 include “[exploring]
protections to increase rental and ownership housing affordability.” On August 20, 2018, the Community
Development Director provided the City Council with a “Housing Update” report. At that time, the City
Council provided direction to staff to work on a number of items for future Council consideration. One of
these items was a Source of Income Discrimination ordinance, which the City Council considered and
approved at their December 17, 2018 meeting. The City Council also directed staff to return with
information regarding proposed ordinances for what are commonly called “Mandatory Mediation” and
“Just Cause Eviction”.
In an effort to support renters, a variety of local jurisdictions have adopted Mandatory Mediation and
Just Cause Eviction ordinances (Exhibit 1). At the February 4, 2019 City Council meeting, staff provided
an informational report about Mandatory Mediation and Just Cause Eviction policies. In essence, these
policies do the following:
Mandatory Mediation – Mediation is a process in which a neutral third party facilitates the
negotiation of a mutually acceptable resolution to a dispute between parties. Mediation programs
commonly apply voluntary, private and informal processes. With “Mandatory” Mediation, if a
triggering event occurs (e.g. rent is increased by a certain percentage), then the tenant is able to
request mediation services. It is then mandatory that the landlord participates in the mediation
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
process, but the parties cannot be compelled to reach a resolution. Instead, the goal of these
programs is to facilitate constructive conversations in a neutral and accountable environment.
Just Cause Eviction – Just Cause Eviction policies are intended to provide stability for
households who rent by regulating the grounds for eviction, typically by prohibiting termination of
a residential tenancy without an express and valid reason. These policies serve to promote
greater awareness of the rights and responsibilities of landlords and tenants and provide a clear
and transparent process for evictions and lease terminations, particularly when rental agreements
do not exist or lack specificity. Just Cause ordinances typically identify acceptable reasons that a
landlord may terminate a tenancy “for cause” (e.g. failure to pay rent, nuisance behavior), as well
as other reasons a landlord could evict for “no cause” (e.g. the landlord is moving back into the
unit). Just Cause ordinances fully retain the rights of landlords to terminate a lease for valid
reasons, but they also help to prevent the eviction of responsible tenants, providing them with
greater security and stability.
Exhibit 1 – Renter Protection Policies Adopted by Bay Area Communities
At the February 4, 2019 City Council meeting, the City Council moved to create an ad-hoc Renter
Protections Subcommittee to vet these Mandatory Mediation and Just Cause Eviction policies in more
detail, using the County of Marin’s adopted ordinances as a starting place. The Subcommittee included
Mayor Gary Phillips, Councilmember Andrew McCullough, County Supervisor Dennis Rodoni, Legal Aid
of Marin Managing Attorney David Levin, and local multi-family property owner and real estate broker
Scott Gerber. Staff to the Subcommittee includes City Attorney Rob Epstein, City Manager Jim Schutz,
and Director of Homeless Planning & Outreach Andrew Hening. At the May 6, 2019 City Council meeting,
based on feedback from the Renter Protections Subcommittee, staff presented updated policy
recommendations for the full City Council’s consideration.
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ANALYSIS: In order incorporate feedback from the public, as well as the full City Council, the Renter
Protections Subcommittee convened one final time on May 14, 2019. Omar Carrera, the Chief Executive
Officer for Canal Alliance, joined this meeting. The subcommittee was focused on resolving two
outstanding policy questions with Mandatory Mediation – which units are covered and what triggers
mediation? The Just Cause policy recommendations from the May 6, 2019 meeting have not changed.
• Which Units Are Covered – Initially the Renter Protection Subcommittee recommended covering
units in properties with three or more units. This was based on the City’s limited staffing and
financial resources for both paying for mediation services and providing public outreach about
how the policy works. At this level of applicability, 68% of San Rafael’s renters would have been
covered. However, significant rental increases are not limited to multi-family buildings; thus, the
recommendation has shifted to cover all renters. Of note, the Just Cause regulations would still
only apply to properties with three or more units. The applicability of both programs now mirrors
what was adopted by the County of Marin.
• What Triggers Mediation – The Renter Protection Subcommittee initially recommended that a
mediation could occur when a rent increase was greater than or equal to 10% within a 12-month
period. Data from rental listing aggregator Rent Jungle shows that there has been a steady decline
in the change in rental prices in San Rafael (Exhibit 2). There was concern among some
Subcommittee members that setting the mediation threshold to 5% would have the unintended
consequence of anchoring annual rental increases at 4.9%. To prevent this, if the threshold was
10%, it seemed much less likely that the market could tolerate annual rental increases of 9.9%.
Exhibit 2 – Annual Change in Rental Prices in San Rafael
That being said, when looking at mediation programs around the region, the average threshold is
6% (Exhibit 3). This weighted average is similar to legislation that is currently being considered at
the state level for setting rent increase thresholds. Assemblymember David Chiu’s AB 1482 is
proposing to set statewide rent caps at 5% plus the Consumer Price Index (CPI). Under state law,
property owners are entitled to a reasonable rate of return on their investment. Many communities
have deemed that 5% meets that criteria. Some local jurisdictions do regulate rent increases by
benchmarking it to CPI; however, the Renter Protections Subcommittee ultimately felt that this
approach created too much administrative burden to update and promulgate annual rates.
Instead, looking at the consumer price index for housing in the San Francisco / Oakland / Hayward
8%8%
12%
10%
5%4%3%
0%
2%
4%
6%
8%
10%
12%
14%
2012 2013 2014 2015 2016 2017 2018
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Metropolitan Service Area, the five-year annual average has been 4.8% annually. For these
reasons, the Renter Protection Subcommittee’s final recommendation is for a 5% threshold.
Exhibit 3 – Weighted Average of Mediation Thresholds in the Bay Area
The Renter Protection subcommittee’s final recommendations have been incorporated into the attached
ordinances (Attachment 1 – “Rental Housing Dispute Program” and Attachment 2 – “Cause Required for
Eviction”).
PUBLIC OUTREACH: In forming the recommendations for these policies, staff and members of the
Renter Protections Subcommittee have connected with a variety of local stakeholders on this issue,
including: the Marin Organizing Committee, renters in the Canal, representatives from the faith-based
community, local landlords, the California Apartment Association, staff and elected from the County of
Marin, the Citizen’s Advisory Council, the Association of Bay Area of Governments, and the Marin Income
Property Association.
A notice of public hearing (Attachment 3) was published in the Marin IJ ten days prior to this public
hearing. Additionally, a courtesy notice was sent to the following organizations: Marin County Community
Development Agency, the Marin Housing Authority, the League of Women Voters, EDEN Housing, Marin
Environmental Housing Collaborative, Sustainable Marin, Sustainable San Rafael, Fair Housing of Marin,
Marin Builders Association, Public Advocates, Inc., Legal Aid of Marin, Marin Association of Realtors,
Community Action Marin, Canal Alliance, the San Rafael Chamber of Commerce, the Downtown San
Rafael Business Improvement District, Marin Continuum of Housing, the Housing Crisis Action Group,
Aging Action Initiative, the Homeless Policy Steering Committee, Ritter Center, St. Vincent’s, Homeward
Bound, Buckelew Programs, the Marin Center for Independent Living, the Marin Organizing Committee,
and the Federation of San Rafael Neighborhoods.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
The Director of Homeless Planning & Outreach sent a newsletter about renter challenges to the
Homeless Initiatives Newsletter distribution (approximately 3,000 subscribers), and this item was noticed
in the City Manager’s Bi-Weekly Snapshot newsletter.
FISCAL IMPACT:
There are no direct administrative costs required for the Just Cause Ordinance, though there will be a
time commitment from staff to create public education materials about the new process and to field public
inquiries about the policy. Mandatory Mediation will require the same backend support from staff,
however, there is the added expense of the mediation. Funding in the amount of $66,000 is budgeted in
the City Manager’s Office General Fund budget for FY 2019-20 and is subject to appropriation by the
City Council as part of the FY 2019-20 budget approval process. Staff will be recommending $40,000 of
this amount to be used for the first year of the Mandatory Mediation program (more detail below).
There are two primary ways in which communities are providing mediation services. As staff presented
at the February 4, 2019 City Council meeting, the County of Marin (and now the Town of Fairfax) is
administering its mediation program through a “contractor” – the District Attorney’s Consumer Protection
Unit. Staff connected with the District Attorney’s Office in January and was quoted a cost of $400 per
mediation.
Other communities have established a rent review board. Just like a regular board or commission, the
City would recruit community members to serve on a standing committee. Board members would be
trained on how to conduct a mediation. The board would meet on a monthly basis and hear cases as
they arise.
Exhibit 6 – Types of Renter Mediation Programs
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The Renter Protection Subcommittee ultimately felt that it would be best to start with an outside
contractor. It is impossible to predict what rent increases will look like in the coming months and years,
as well as how many renters and landlords will initiate a mediation if they have the right to do so; however,
in an attempt quantify potential utilization, staff identified other mediation programs in the region, specified
how many units are covered by each community’s ordinance, and then looked at how many cases each
program saw in a given year. This information allowed for the creation of a “case-to-unit ratio” (i.e. for a
given number of covered rental units, how many cases could a jurisdiction expect to see. Union City has
the most comparable regulatory environment to what the City of San Rafael is considering – a 7%
mediation threshold and Just Cause (the County of Marin now has a 5% mediation threshold and Just
Cause, but both policies have only been in effect for a few months). Interestingly, Union City also has the
highest utilization rate (potentially because of Just Cause, which has been argued to increase the
willingness to request mediations), thus, providing for the most conservative case to unit ratio.
Exhibit 7 – Case to Unit Ratio for Bay Area Rental Mediation Programs
San Rafael has approximately 11,500 rental units. Netting out government and below-market rate units
(approximately 900), if the City of San Rafael contracted with the District Attorney’s Office, we could
expect the program to cost up to $39,400 a year (10,600 units x $400 per mediation x a 0.0093 utilization
rate). The Renter Protections Subcommittee discussed the possibility of creating a program through the
Marin County Bar Association. The idea would be that current and/or former attorneys could volunteer to
conduct mediations on a rotating, as-needed basis. Unfortunately, the City Attorney’s Office followed up
with the Bar Association, and they are not going to have the capacity to provide this service for the City.
Therefore, staff is following up with the District Attorney’s Office.
The Renter Protection Subcommittee recommends funding a pilot mediation program for one year for up
to $40,000. During the pilot period, staff will vet potential cost-cutting measures the City can take (e.g.
establishing a rent review board) and permanent revenue sources (e.g. business license fees).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
RECOMMENDED ACTION: Conduct a public hearing regarding proposed ordinances to add Chapter
10.100, entitled “Rental Housing Dispute Program”, and Chapter 10.105, entitled “Cause Required for
Eviction”, to the San Rafael Municipal Code and pass the ordinances to print.
ATTACHMENTS:
1. Rental Housing Dispute Program Ordinance (Clean copy)
2. Rental Housing Dispute Program Ordinance (Redlined)
3. Cause Required for Eviction Ordinance (Clean copy)
4. Cause Required for Eviction Ordinance (Redlined)
5. Public Hearing Notice
6. Correspondence
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ORDINANCE NO.________
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL
ADDING NEW CHAPTER 10.100 TO THE SAN RAFAEL MUNICIPAL CODE,
ENTITLED “RENTAL HOUSING DISPUTE RESOLUTION”
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS, over 57,700 people permanently reside in the incorporated City of San
Rafael, which population is projected to grow by approximately 11,000 additional residents by
2040, as identified in Appendix B: Background Report of the 2015-2023 San Rafael Housing
Element; and
WHEREAS, 48 percent of the 24,000 housing units in the City of San Rafael are
occupied by renters, as identified in Appendix B: Background Report of the 2015-2023 San
Rafael Housing Element; and
WHEREAS, housing overpayment, as defined by the state and federal government,
refers to spending more than 30 percent of income on housing; severe overpayment is spending
greater than 50 percent of income on housing; and
WHEREAS, in 2010, 53 percent of renter households were overpaying for housing and
30% of households were severely overpaying for housing, as identified in Appendix B:
Background Report of the 2015-2023 San Rafael Housing Element; and
WHEREAS, rental prices increased 25% between 2010 and 2013, as identified in
Appendix B: Background Report of the 2015-2023 San Rafael Housing Element; and
WHEREAS, in 2011, 87 percent of the 36,000 persons employed within San Rafael
commuted in from outside the city limits, indicating a shortage of local affordable housing
opportunities for the community’s workforce, as identified in Appendix B: Background Report of
the 2015-2023 San Rafael Housing Element; and
WHEREAS, the 2013, 2015, and 2017 Homeless Point-in-Time Counts each identify the
lack of affordable housing as the leading cause of homelessness in Marin County; and
WHEREAS, the 2018-2019 City Council Goals and Objectives includes “exploring
protections to increase rental and ownership housing affordability”; and
WHEREAS, at the February 4, 2019 City Council Meeting, staff presented potential
renter protection policies to address the issue of rental housing affordability; and
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WHEREAS, the City Council formed an ad hoc Renter Protections Subcommittee to vet
these policy options in more detail, solicit feedback from the public, and incorporate the
feedback of local stakeholders; and
WHEREAS, on May 4, 2019, the Renter Protections Subcommittee recommended that
the City establish a Rental Housing Dispute Resolution program with the goal of maintaining rental
housing affordability by addressing significant rent increases through the facilitation of
constructive conversations between landlords and tenants in a neutral and accountable
environment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 2. AMENDMENT OF MUNICIPAL CODE.
Title 10 of the San Rafael Municipal Code, entitled “Businesses, Professions, Occupations,
Industries and Trades” is hereby amended by adding new Chapter 10.100, entitled “Rental
Housing Dispute Resolution” to read in its entirety as follows:
10.100.010 Purpose and intent.
It is the purpose and intent of this Chapter to encourage certainty and fairness in the residential
rental market within the City of San Rafael, in order to promote the health, safety, and general
welfare of residents and businesses within the City. This Chapter only governs disputes
between Landlords and Tenants of rental Dwelling Units located within the City of San Rafael.
10.100.020 Applicability.
The provisions of this Chapter shall apply to all Dwelling Units in the San Rafael city limits,
including a single-family dwelling or unit in a multifamily or multipurpose dwelling, a unit in a
condominium or cooperative housing project, or a unit in a structure that is being used for
residential uses whether or not the residential use is a conforming use permitted under the San
Rafael Municipal Code, which is hired, rented, or leased to a household within the meaning of
California Civil Code Section 1940.
Notwithstanding anything to the contrary above, the provisions of this Chapter shall not apply to
the following:
A. Any Dwelling Unit that is owned or operated by any government agency; or
B. Any Dwelling Unit for which one of the following is true (1) the Rent is limited to no more
than affordable rent, as such term is defined in California Health & Safety Code Section
50053, pursuant and subject to legally binding restrictions enforceable against and/or
governing such units; or (2) the Rent is directly subsidized by a government agency such
that the Tenant's portion of the Rent does not exceed 30% of income.
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10.100.030 Definitions.
For the purpose of this Chapter, unless the context clearly requires different meaning, the
words, terms, and phrases set forth in this section shall have the meanings given to them in this
section:
A. "City" means the City of San Rafael.
B. "CDD Director" means the City Community Development Department Director or their
designee unless otherwise specified.
C. "Designated Service Provider" means a party or organization selected by the CDD
Director to provide Mediation services and other tasks necessary to implement the
program and procedures contained in this Chapter and any associated Guidelines.
D. "Dwelling unit" for purposes of this Chapter means one or more rooms designed,
occupied or intended for occupancy as separate living quarters, with a kitchen,
sleeping facilities, and sanitary facilities for the exclusive use of one household , but not
including any such unit occupied in whole or in part by the property owner or the
property owner’s family members, including parents, children, brothers, sisters, aunts,
uncles, nieces, and/or nephews.
E. "Guidelines" means any written regulations and forms for the administration and
implementation of this Chapter adopted by the CDD Director.
F. “Good Faith” participation shall have the meaning given it in Section 10.100.050 below.
"Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive
Rent for the use and occupancy of any Dwelling Unit or portion thereof.
G. "Mediation" means one or more meetings in which a Landlord and Tenant have the
opportunity to directly communicate with a Mediator and each other in a face-to-face
setting at a neutral location in order to resolve a rental housing dispute under ground
rules designed to protect the confidentiality and neutrality of the communications.
H. "Mediator" means a person who meets any criteria for conducting Mediations that may
be established in the Guidelines.
I. "Rent" means the consideration, including any funds, labor, bonus, benefit, or gratuity,
demanded or received by a Landlord for or in connection with the use and occupancy of
a Dwelling Unit and the housing services provided therewith, or for the assignment of a
rental agreement for a Dwelling Unit.
J. "Tenant" means a person entitled by written or oral agreement, or by sufferance, to the
use or occupancy of a Dwelling Unit.
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10.100.040 Mediation eligibility.
A. Tenant-initiated Mediation. A Tenant residing in a Dwelling Unit may file a request and
receive Mediation services within either 30 calendar days from the enactment of this
Chapter or ten calendar days of the Tenant's receipt of one or more notices in
accordance with California Civil Code section 827 that individually or cumulatively
increase Rent more than five percent (5%) within any 12-month period.
B. Landlord-requested Mediation. Any Landlord may file a request and receive Mediation
services in order to pursue a Rent increase greater than five percent (5%) within any 12-
month period.
10.100.050 Mediation process.
A. Designated Service Provider; Costs. The CDD Director shall contract with or designate a
Designated Service Provider to provide Mediation services. The Guidelines may include
a description of minimum qualifications for the Designated Service Provider and its
Mediators. For the first year during which this Chapter is in effect, the City shall pay the
entire cost of any Mediation required under this Chapter to the extent funds are
available. Thereafter, the costs of the Mediation shall be allocated among the parties
and/or other available funding sources as determined by the CDD Director.
B. Mediation Requests.
(1) Any Tenant or Landlord eligible for Mediation under Section 10.100.040 may
request Mediation services from the Designated Service Provider.
(2) Each Landlord and/or Tenant requesting Mediation services must complete and
sign a form under penalty of perjury that demonstrates eligibility for Mediation
under this Chapter and includes other information as may be specified in the
Guidelines.
(3) Separate requests for Mediation services that involve one or more of the same
parties may be consolidated with the consent of the Landlord and the other
Tenant(s), but consolidation is not required and shall not affect individuals' ability
to be separately represented or to bring a separate legal action.
(4) If an eligible Tenant has requested Mediation as a result of receiving one or more
notices in accordance with California Civil Code section 827 that individually or
cumulatively increase Rent more than five percent (5%) within any 12-month
period, unless the parties otherwise agree in writing, such noticed Rent increase
will not be effective until the Mediation concludes or 30 calendar days after the
request for Mediation services is made to the Designated Service Provider.
C. Two-Step Mediation Process. The Designated Service Provider shall assign a Mediator
within ten (10) calendar days of receiving a complete request for Mediation services. The
assigned Mediator shall offer a two-step Mediation process as follows:
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(1) Within two (2) business days of receiving a Mediation assignment from the
Designated Service Provider, the Mediator shall provide notice of the Mediation
to the Landlord and Tenant. The Mediation notice shall, at a minimum, inform
each party of their obligation to appear at the Mediation. The Mediator shall make
reasonable efforts to schedule Mediation sessions at times that are mutually
convenient for the Landlord and the Tenant, which may include times that are
outside of business hours. The Mediation process shall commence upon
notification of the Landlord and Tenant by the Mediator.
(a) A Mediator may notify the Landlord and/or Tenant of the Mediation
process via telephone, email, or any other form of communication, but at
a minimum, the Mediator must notify each party in writing via first-class
mail, postage prepaid to each parties' address of record.
(b) Following the Mediator sending such notification, both the Landlord and
the Tenant have an affirmative obligation to participate in the Mediation
until the Mediation concludes.
(2) The Mediation process shall conclude upon the earlier of: (a) the execution of a
legally enforceable, written agreement signed by all parties to the Mediation
service under subsection (E) of this Section; (b) the Mediator's determination that
no further progress is likely to result from continued Mediation; or (c) all of the
parties to the Mediation indicate in writing that the Mediation has concluded to
their satisfaction. In no event shall a Mediation process last longer than 30
calendar days after the request for Mediation services is made to the Designated
Service Provider unless the parties agree in writing to extend the Mediation term.
D. Mandatory Participation. Every party to a Mediation is affirmatively obligated to participate
in such Mediation in Good Faith until the Mediator determines the Mediation has
concluded.
(1) Definition. For purposes of this Section, Good Faith participation means the mutual
obligation of the Landlord and Tenant to meet on each occasion when notified of
Mediation proceedings, provide relevant information, exchange proposals, timely
consider and respond to proposals by opposite parties, and engage in meaningful
discussion on the subject of proposed Rent increases and issues related to the
Rent increase.
(2) Failure to participate in Good Faith.
(a) No Rent increase will be effective unless or until the Landlord of the
Dwelling Unit complies with the provisions of this Chapter by participating
in Good Faith as described in Section 10.100.050 throughout the entirety
of a Mediation process.
(b) If a Tenant fails to participate in Good Faith, the Tenant shall be deemed
to have withdrawn their request for Mediation, allowing any Rent increase
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to be implemented in accordance with the notice requirements identified in
California Civil Code section 827.
E. Mediation Agreements.
(1) Any agreement reached by the parties in Mediation must:
(a) Be made in writing and signed by the parties;
(b) State the specific terms of the Mediation agreement including the duration
and conditions of the agreement;
(c) State the effective date of any agreed-upon Rent increase and stipulate to
the adequacy of notice for any Rent increase in accordance with
California Civil Code section 827;
(d) Be legally enforceable against the parties to the agreement;
(e) Provide that any agent or representative signing a Mediation agreement
on behalf of other persons shall be responsible for promptly providing a
copy of the agreement to the parties they represent.
(2) A Tenant bound by a Mediation agreement may not request further Mediation
concerning any Rent increase covering the same time period included in the
Mediation agreement but may request Mediation concerning an additional Rent
Increase that is first noticed or occurs after the Mediation agreement is signed by
both parties.
10.100.060 Rights Under State and Federal Law Not Affected.
A. Nothing in this Chapter shall be deemed to affect any rights or remedies of a Tenant
provided by State or Federal law, including but not limited to those related to:
(1) Tenant’s right to quiet enjoyment of the rental premises.
(2) The duty of a landlord to make a dwelling unit tenantable and repair all
subsequent dilapidations that render it untenantable including, but not limited to,
providing:
(a) Effective waterproofing/weather protection for roof, exterior walls,
windows and doors.
(b) Plumbing and gas facilities conforming to state and local law at the time
of installation, kept in good working order.
(c) A water supply providing hot and cold running water and approved under
applicable law.
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(d) Heating conforming to applicable law at the time of installation, kept in
good working order.
(e) An electrical system, including lighting, wiring and equipment, conforming
with applicable law at the time of installation, kept in good working order. [
(f) Building grounds kept clean, sanitary and free from accumulations of
debris, garbage, rodents and vermin.
(g) Adequate numbers of garbage/rubbish receptacles kept clean and in
good repair.
(h) Floors, stairways and railings kept in good repair.
(i) Code compliant locks on certain windows and doors.
(3) Prohibited Landlord conduct including, but not limited to:
(a) Discrimination in housing.
(b) Retaliation, threats or other coercive conduct, including threats or
discrimination on basis of immigration or citizenship status.
(c) Unauthorized entry into Tenant’s unit.
(d) Unauthorized taking of Tenant’s personal property.
(4) Rights concerning payment and return of rent and security deposits.
(5) Rights to required notice prior to termination of rental agreement.
(6) Rights under Unlawful Detainer statutes, including prohibitions against
termination based on immigration or citizenship status.
B. Nothing in Subsection (A) of this Section prohibits the lawful eviction of a Tenant in
accordance with California Civil Code section 1946.1 or by any other appropriate legal
means.
10.100.070 Civil remedies.
A. Injunctive relief. Any aggrieved person may enforce Sections 10.100.050(D) or
10.100.080 of this Chapter by means of a civil injunctive action. Any person who
commits, or proposes to commit, an act in violation of Sections 10.100.050(D) or
10.100.080 of this Chapter may be enjoined therefrom by any court of competent
jurisdiction. An action for injunction under this section may be brought by any aggrieved
person, by county counsel, the district attorney, or by any person or entity which will
fairly and adequately represent the interests of the protected class.
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B. Civil Liability. Any person who violates Sections 10.100.050(D) or 10.100.080 of this
Chapter or who aids in the violation of Sections 10.100.050(D) or 10.100.080 of this
Chapter is liable for, and the court must award to the individual whose rights are
violated, three times the amount of special and general damages. The court may award
in addition thereto not less than two hundred dollars ($200.00) but not more than four
hundred dollars ($400.00), together with attorney's fees and costs of action. Civil actions
filed pursuant to this section must be filed within one year of the events giving rise to the
alleged cause of action.
C. Attorney’s fees sought in connection with Section 10.100.080 shall only be awarded if
the party is first given written notice of its failure and an opportunity to cure, which cure
may include delaying and re-noticing a proposed rent increase and/or refunding or
crediting to Tenant a past rent increase, and such cure is not promptly effected.
10.100.080 Notice of Tenant rights.
A. Notice Requirement. Landlords must provide to each Tenant a notice of Tenant rights
under this Chapter that describes the Mediation service and how to request service. The
required notice may be printed conspicuously within the lease or rental agreement or
Notice of Rent increase or may be provided on a separate form. A form for providing
such notice may be issued in the Guidelines, and the use of such form shall be deemed
to comply with the substantive requirements of this Subsection (A).
B. When Notice Required. Landlords must provide to Tenants the notice of Tenant rights
under Subsection (A) of this Section in the following circumstances:
(1) When entering a lease or rental agreement;
(2) When renewing a lease or rental agreement; and
(3) When providing notice of a Rent increase.
C. Language of Notice. If the Tenant's rental agreement was negotiated in a language other
than English, then the Landlord shall provide the notices required under this Section in the
language in which the rental agreement was negotiated.
D. Delivery of Notice. The notices required by this Section may be served by any of the
following methods:
(1) By delivering a copy to the Tenant personally.
(2) If the Tenant is absent from his or her place of residence, and from his or her
usual place of business, by leaving a copy with some person of suitable age and
discretion at either place and sending a copy through the mail addressed to the
Tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of
suitable age or discretion there cannot be found, then by affixing a copy in a
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9
conspicuous place on the property, and also delivering a copy to a person there
residing, if such person can be found; and also sending a copy through the mail
addressed to the Tenant at the place where the property is situated. Service
upon a subtenant may be made in the same manner.
E. Failure to Provide Notice. Failure to comply with the notice provisions described in this
Chapter shall render any rental increase notice invalid and unenforceable. The failure to
comply with the notice provisions will be cured only after the proper written notice of
Tenant's Rights, along with a new rental increase notice, has been properly served on
the Tenant.
DIVISION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA
Guidelines because it can be seen with certainty that there is no possibility that the adoption of
this Ordinance may have a significant effect on the environment, in that this ordinance applies
residential tenant protection measures to existing residential units in San Rafael, which is solely
an administrative process resulting in no physical changes to the environment.
DIVISION 5. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 6. EFFECTIVE DATE; PUBLICATION.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and shall
be in full force and effect thirty (30) days after its final passage. If published in summary form,
the summary shall also be published within fifteen (15) days after the adoption, together with the
names of those Councilmembers voting for or against same, in a newspaper of general
circulation published and circulated in the City of San Rafael, County of Marin, State of
California.
__________________________
GARY O. PHILLIPS, Mayor
ATTEST:
______________________________
LINDSAY LARA, City Clerk
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10
The foregoing Ordinance No.______ was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the _______ day of ____________________, 2019 and
ordered passed to print by the following vote, to wit:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the _______ day of ____________________, 2019.
______________________________
LINDSAY LARA, City Clerk
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1
ORDINANCE NO.________
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL
ADDING NEW CHAPTER 10.100 TO THE SAN RAFAEL MUNICIPAL CODE,
ENTITLED “RENTAL HOUSING DISPUTE RESOLUTION”
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS, over 57,700 people permanently reside in the incorporated City of San
Rafael, which population is projected to grow by approximately 11,000 additional residents by
2040, as identified in Appendix B: Background Report of the 2015-2023 San Rafael Housing
Element; and
WHEREAS, 48 percent of the 24,000 housing units in the City of San Rafael are
occupied by renters, as identified in Appendix B: Background Report of the 2015-2023 San
Rafael Housing Element; and
WHEREAS, housing overpayment, as defined by the state and federal government,
refers to spending more than 30 percent of income on housing; severe overpayment is spending
greater than 50 percent of income on housing; and
WHEREAS, in 2010, 53 percent of renter households were overpaying for housing and
30% of households were severely overpaying for housing, as identified in Appendix B:
Background Report of the 2015-2023 San Rafael Housing Element; and
WHEREAS, rental prices increased 25% between 2010 and 2013, as identified in
Appendix B: Background Report of the 2015-2023 San Rafael Housing Element; and
WHEREAS, in 2011, 87 percent of the 36,000 persons employed within San Rafael
commuted in from outside the city limits, indicating a shortage of local affordable housing
opportunities for the community’s workforce, as identified in Appendix B: Background Report of
the 2015-2023 San Rafael Housing Element; and
WHEREAS, the 2013, 2015, and 2017 Homeless Point-in-Time Counts each identify the
lack of affordable housing as the leading cause of homelessness in Marin County; and
WHEREAS, the 2018-2019 City Council Goals and Objectives includes “exploring
protections to increase rental and ownership housing affordability”; and
WHEREAS, at the February 4, 2019 City Council Meeting, staff presented potential
renter protection policies to address the issue of rental housing affordability; and
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WHEREAS, the City Council formed an ad hoc Renter Protections Subcommittee to vet
these policy options in more detail, solicit feedback from the public, and incorporate the
feedback of local stakeholders; and
WHEREAS, on May 4, 2019, the Renter Protections Subcommittee recommended that
the City establish a Rental Housing Dispute Resolution program with the goal of maintaining rental
housing affordability by addressing significant rent increases through the facilitation of
constructive conversations between landlords and tenants in a neutral and accountable
environment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 2. AMENDMENT OF MUNICIPAL CODE.
Title 10 of the San Rafael Municipal Code, entitled “Businesses, Professions, Occupations,
Industries and Trades” is hereby amended by adding new Chapter 10.100, entitled “Rental
Housing Dispute Resolution” to read in its entirety as follows:
10.100.010 Purpose and intent.
It is the purpose and intent of this Chapter to encourage certainty and fairness in the residential
rental market within the City of San Rafael, in order to promote the health, safety, and general
welfare of residents and businesses within the City. This Chapter only governs disputes
between Landlords and Tenants of rental Dwelling Units located within the City of San Rafael.
10.100.020 Applicability.
The provisions of this Chapter shall apply to all Dwelling Units in the San Rafael city limits that
contain a separate bathroom, kitchen, and living area, including a single-family dwelling or unit
in a multifamily or multipurpose dwelling, a unit in a condominium or cooperative housing
project, or a unit in a structure that is being used for residential uses whether or not the
residential use is a conforming use permitted under the San Rafael Municipal Code, which is
hired, rented, or leased to a household within the meaning of California Civil Code Section
1940. This definition applies to any dwelling space that is actually used for residential purposes,
including live-work spaces, whether or not the residential use is legally permitted.
Notwithstanding anything to the contrary above, the provisions of this Chapter shall not apply to
the following:
A. Any Dwelling Unit that is owned or operated by any government agency; or
B. Any Dwelling Unit for which one of the following is true (1) the Rent is limited to no more
than affordable rent, as such term is defined in California Health & Safety Code Section
50053, pursuant and subject to legally binding restrictions enforceable against and/or
governing such units; or (2) the Rent is directly subsidized by a government agency such
that the Tenant's portion of the Rent does not exceed 30% of income.
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10.100.030 Definitions.
For the purpose of this Chapter, unless the context clearly requires different meaning, the
words, terms, and phrases set forth in this section shall have the meanings given to them in this
section:
A. "City" means the City of San Rafael.
B. "CDD Director" means the City Community Development Department Director or their
designee unless otherwise specified.
C. "Designated Service Provider" means a party or organization selected by the CDD
Director to provide Mediation services and other tasks necessary to implement the
program and procedures contained in this Chapter and any associated Guidelines.
D. "Dwelling Unit" means a structure or the part of a structure that is used as a home,
residence, or sleeping place by one person who maintains a household or by two or
more persons who maintain a common household as defined in California Civil Code
section 1940 and San Rafael Municipal Code section 14.03.030, including those
dwellings defined in SRMC 13.030.030."Dwelling unit" for purposes of this Chapter
means one or more rooms designed, occupied or intended for occupancy as separate
living quarters, with a kitchen, sleeping facilities, and sanitary facilities for the exclusive
use of one household , but not including any such unit occupied in whole or in part by
the property owner or the property owner’s family members, including parents, children,
brothers, sisters, aunts, uncles, nieces, and/or nephews.
E. "Guidelines" means any written regulations and forms for the administration and
implementation of this Chapter adopted by the CDD Director. All forms and notices
called for to facilitate the administration and implementation of this Chapter shall be
adopted by the Director, with approval by the City Attorney, and included in the
Guidelines.
F. “Good Faith” participation shall have the meaning given it in Section 10.100.050 below.
includes the affirmative duty of the Landlord to: (i) refrain from any harassment or other
prohibited activity described in Section 5.95.060 and to (ii) refrain from an unlawful
detainer proceeding while the parties are engaged in proceedings under this Chapter
excepting only those actions authorized by subsections (3) and (4) of California Code of
Civil Procedure section 1161 or any successor provisions. Good Faith participation also
includes the affirmative duty of the Tenant to abide by the terms of the lease or rental
agreement and to pay all lawful Rent owed.
G. "Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive
Rent for the use and occupancy of any Dwelling Unit or portion thereof.
HG. "Mediation" means one or more meetings in which a Landlord and Tenant have the
opportunity to directly communicate with a Mediator and each other in a face-to-face
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setting at a neutral location in order to resolve a rental housing dispute under ground
rules designed to protect the confidentiality and neutrality of the communications.
IH. "Mediator" means a person who meets any criteria for conducting Mediations that may
be established in the Guidelines.
JI. "Rent" means the consideration, including any funds, labor, bonus, benefit, or gratuity,
demanded or received by a Landlord for or in connection with the use and occupancy of
a Dwelling Unit and the housing services provided therewith, or for the assignment of a
rental agreement for a Dwelling Unit.
KJ. "Tenant" means a person entitled by written or oral agreement, or by sufferance, to the
use or occupancy of a Dwelling Unit.
10.100.040 Mediation eligibility.
A. Tenant-initiated Mediation. A Tenant residing in a Dwelling Unit may file a request and
receive Mediation services within either 30 calendar days from the enactment of this
Chapter or ten calendar days of the Tenant's receipt of one or more notices in
accordance with California Civil Code section 827 that individually or cumulatively
increase Rent more than five percent (5%) within any 12-month period.
B. Landlord-requested Mediation. Any Landlord may file a request and receive Mediation
services in order to pursue a Rent increase greater than five percent (5%) within any 12-
month period.
10.100.050 Mediation process.
A. Designated Service Provider; Costs. The CDD Director shall contract with or designate a
Designated Service Provider to provide Mediation services. The Guidelines may include
a description of minimum qualifications for the Designated Service Provider and its
Mediators. For the first year during which this Chapter is in effect, the City shall pay the
entire cost of any Mediation required under this Chapter to the extent funds are
available. Thereafter, the costs of the Mediation shall be allocated among the parties
and/or other available funding sources as determined by the CDD Director.
B. Mediation Requests.
(1) Any Tenant or Landlord eligible for Mediation under Section 10.100.040 may
request Mediation services from the Designated Service Provider.
(2) Each Landlord and/or Tenant requesting Mediation services must complete and
sign a form under penalty of perjury that demonstrates eligibility for Mediation
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under this Chapter and includes other information as may be specified in the
Guidelines.
(3) Separate requests for Mediation services that involve one or more of the same
parties may be consolidated with the consent of the Landlord and the other
Tenant(s), but consolidation is not required and shall not affect individuals' ability
to be separately represented or to bring a separate legal action.
(4) If an eligible Tenant has requested Mediation as a result of receiving one or more
notices in accordance with California Civil Code section 827 that individually or
cumulatively increase Rent more than five percent (5%) within any 12-month
period, unless the parties otherwise agree in writing, such noticed Rent increase
will not be effective until the Mediation concludes or 30 calendar days after the
request for Mediation services is made to the Designated Service Provider.
C. Two-Step Mediation Process. The Designated Service Provider shall assign a Mediator
within ten (10) calendar days of receiving a complete request for Mediation services. The
assigned Mediator shall offer a two-step Mediation process as follows:
(1) Within two (2) business days of receiving a Mediation assignment from the
Designated Service Provider, the Mediator shall provide notice of the Mediation
to the Landlord and Tenant. The Mediation notice shall, at a minimum, inform
each party of their obligation to appear at the Mediation. The Mediator shall make
reasonable efforts to schedule Mediation sessions at times that are mutually
convenient for the Landlord and the Tenant, which may include times that are
outside of business hours. The Mediation process shall commence upon
notification of the Landlord and Tenant by the Mediator.
(a) A Mediator may notify the Landlord and/or Tenant of the Mediation
process via telephone, email, or any other form of communication, but at
a minimum, the Mediator must notify each party in writing via first-class
mail, postage prepaid to each parties' address of record.
(b) Following the Mediator sending such notification, both the Landlord and
the Tenant have an affirmative obligation to participate in the Mediation
until the Mediation concludes.
(2) The Mediation process shall conclude upon the earlier of: (a) the execution of a
legally enforceable, written agreement signed by all parties to the Mediation
service under Section 10.100.050subsection (E) of this Section; (b) the
Mediator's determination that no further progress is likely to result from continued
Mediation; or (c) all of the parties to the Mediation indicate in writing that the
Mediation has concluded to their satisfaction. In no event shall a Mediation
process last longer than 30 calendar days after the request for Mediation
services is made to the Designated Service Provider unless the parties agree in
writing to extend the Mediation term. If no legally enforceable, written agreement
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is reached, the Mediator shall prepare and distribute a nonbinding Mediation
statement under Section 10.100.050(E). The Mediator shall send the Mediation
statement to each party's address of record via first-class mail, postage prepaid.
D. Mandatory Participation. Every party to a Mediation is affirmatively obligated to participate
in such Mediation in Good Faith until the Mediator determines the Mediation has
concluded.
(1) Definition. For purposes of this Section, Good Faith participation means the mutual
obligation of the Landlord and Tenant to meet on each occasion when notified of
Mediation proceedings, provide relevant information, exchange proposals, timely
consider and respond to proposals by opposite parties, and engage in meaningful
discussion on the subject of proposed Rent increases and issues related to the
Rent increase.
(2) Failure to participate in Good Faith.
(a) No Rent increase will be effective unless or until the Landlord of the
Dwelling Unit complies with the provisions of this Chapter by participating
in Good Faith as described in Section 10.100.030 and 10.100.050
throughout the entirety of a Mediation process.
(b) If a Tenant fails to participate in Good Faith, the Mediator at his or her
discretion may determine that the Tenant shall be deemed to havehas
withdrawn their request for Mediation service and conclude the Mediation
process, allowing any Rent increase to be implemented in accordance with
the notice requirements identified in California Civil Code section 827.
E. Mediation Agreements.
(1) Any agreement reached by the parties in Mediation must:
(a) Be made in writing and signed by the parties;
(b) State the specific terms of the Mediation agreement including the duration
and conditions of the agreement;
(c) State the effective date of any agreed-upon Rent increase and stipulate to
the adequacy of notice for any Rent increase in accordance with
California Civil Code section 827;
(d) Be legally enforceable against the parties to the agreement;
(e) Provide that any agent or representative signing a Mediation agreement
on behalf of other persons shall be responsible for promptly providing a
copy of the agreement to the parties they represent.
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(2) A Tenant bound by a Mediation agreement may not request further Mediation
concerning any Rent increase covering the same time period included in the
Mediation agreement but may request Mediation concerning an additional Rent
Increase that is first noticed or occurs after the Mediation agreement is signed by
both parties.
10.100.060 Anti-harassment and other prohibited activitiesRights Under State and
Federal Law Not Affected.
A. Nothing in this Chapter shall be deemed to affect any rights or remedies of a Tenant
provided by State or Federal law, including but not limited to those related to:
(1) Tenant’s right to quiet enjoyment of the rental premises.
(2) The duty of a landlord to make a dwelling unit tenantable and repair all
subsequent dilapidations that render it untenantable including, but not limited to,
providing:
(a) Effective waterproofing/weather protection for roof, exterior walls,
windows and doors.
(b) Plumbing and gas facilities conforming to state and local law at the time
of installation, kept in good working order.
(c) A water supply providing hot and cold running water and approved under
applicable law.
(d) Heating conforming to applicable law at the time of installation, kept in
good working order.
(e) An electrical system, including lighting, wiring and equipment, conforming
with applicable law at the time of installation, kept in good working order. [
(f) Building grounds kept clean, sanitary and free from accumulations of
debris, garbage, rodents and vermin.
(g) Adequate numbers of garbage/rubbish receptacles kept clean and in
good repair.
(h) Floors, stairways and railings kept in good repair.
(i) Code compliant locks on certain windows and doors.
(3) Prohibited Landlord conduct including, but not limited to:
(a) Discrimination in housing.
(b) Retaliation, threats or other coercive conduct, including threats or
discrimination on basis of immigration or citizenship status.
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(c) Unauthorized entry into Tenant’s unit.
(d) Unauthorized taking of Tenant’s personal property.
(4) Rights concerning payment and return of rent and security deposits.
(5) Rights to required notice prior to termination of rental agreement.
(6) Rights under Unlawful Detainer statutes, including prohibitions against
termination based on immigration or citizenship status.
No Landlord may do any of the following in bad faith, with ulterior motive, or without honest
intent:
(1) Interrupt, fail to provide, or threaten to interrupt or fail to provide any amenities and
services agreed to under a lease or rental agreement, including but not limited to utility
services;
(2) Fail to perform repairs or maintenance required by contract or by State, or County
housing, health, or safety laws;
(3) Fail to exercise due diligence to complete repairs and maintenance once undertaken,
including the failure to follow industry-appropriate safety standards and protocols;
(4) Abuse or otherwise improperly use Landlord's right to access the property;
(5) Remove personal property of the Tenant(s) from the Dwelling Unit;
(6) Influence or attempt to influence the Tenant(s) to vacate the unit by means of fraud,
intimidation, or coercion (including but not limited to threats based on immigration status
in violation of California Civil Code section 1940.3);
(7) Offer payment or any other consideration, in return for the Tenant(s) vacating the
Dwelling Unit, more often than once every six months;
(8) Threaten the Tenant(s) by word or gesture with physical harm;
(9) Interfere with the Tenant(s) right to quiet use and enjoyment of the Dwelling Unit;
(10) Refuse to accept or acknowledge receipt of lawful Rent from the Tenant(s);
(11) Interfere with the Tenant(s) right to privacy;
(12) Request Information that violates the Tenant(s) right to privacy;
(13) Commit other repeated acts or omissions of such significance as to substantially
interfere with or disturb the Tenant(s) comfort, repose, peace, or quiet enjoyment, and
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that cause, are likely to cause, or are intended to cause the Tenant(s) to vacate the
Dwelling Unit; or
(14) Retaliate against the Tenant(s) for the Tenant(s) exercise of rights under this Chapter or
state or federal law.
B. Nothing in Subsection (A) of this Section prohibits the lawful eviction of a Tenant in
accordance with California Civil Code section 1946.1 or by any other appropriate legal
means.
10.100.070 Civil remedies.
A. Injunctive relief. Any aggrieved person may enforce the provisionsSections
10.100.050(D) or 10.100.080 of this Chapter by means of a civil injunctive action. Any
person who commits, or proposes to commit, an act in violation of Sections
10.100.050(D) or 10.100.080 of this Chapter may be enjoined therefrom by any court of
competent jurisdiction. An action for injunction under this section may be brought by any
aggrieved person, by county counsel, the district attorney, or by any person or entity
which will fairly and adequately represent the interests of the protected class.
B. Civil Liability. Any person who violates any of the provisions Sections 10.100.050(D) or
10.100.080 of this Chapter or who aids in the violation of any provisionsSections
10.100.050(D) or 10.100.080 of this Chapter is liable for, and the court must award to
the individual whose rights are violated, three times the amount of special and general
damages. The court may award in addition thereto not less than two hundred dollars
($200.00) but not more than four hundred dollars ($400.00), together with attorney's
fees, and costs of action, and punitive damages. Civil actions filed pursuant to this
section must be filed within one year of the events giving rise to the alleged cause of
action.
C. Attorney’s fees sought in connection with Section 10.100.080 shall only be awarded if
the party is first given written notice of its failure and an opportunity to cure, which cure
may include delaying and re-noticing a proposed rent increase and/or refunding or
crediting to Tenant a past rent increase, and such cure is not promptly effected.
10.100.080 Notice of Tenant rights.
A. Notice Requirement. Landlords must provide to each Tenant a notice of Tenant rights
under this Chapter that describes the Mediation service and how to request service. The
required notice may be printed conspicuously within the lease or rental agreement or
Notice of Rent increase or may be provided on a separate form.; a A form for providing
such notice may be issued in the Guidelines, and the use of such form shall be deemed
to comply with the substantive requirements of this Subsection (A).
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B. When Notice Required. Landlords must provide to Tenants the notice of Tenant rights
under Subsection (A) of this Section in the following circumstances:
(1) Within 30 calendar days of enactment of this Chapter;
(2) When entering a lease or rental agreement;
(32) When renewing a lease or rental agreement; and
(43) When providing notice of a Rent increase.; and
(5) At such times as required by the City, which may include, but is not limited to,
when this Chapter is significantly amended.
C. Language of Notice. All notices provided under this Section If the Tenant's rental
agreement was negotiated in a language other than English, then the Landlord shall
provide the notices required under this Section in the language in which the rental
agreement was negotiated.
D. Delivery of Notice. The notices required by this Section may be served by any of the
following methods:
(1) By delivering a copy to the Tenant personally.
(2) If the Tenant is absent from his or her place of residence, and from his or her
usual place of business, by leaving a copy with some person of suitable age and
discretion at either place and sending a copy through the mail addressed to the
Tenant at his or her place of residence.
(3) If such place of residence and business cannot be ascertained, or a person of
suitable age or discretion there cannot be found, then by affixing a copy in a
conspicuous place on the property, and also delivering a copy to a person there
residing, if such person can be found; and also sending a copy through the mail
addressed to the Tenant at the place where the property is situated. Service
upon a subtenant may be made in the same manner.
shall be provided in English, Spanish and Vietnamese, in the translated form made available by
the City. If the Tenant's rental agreement was negotiated in another language, the
Landlord is obligated to provide an accurate translation of the notification in that other
language as well. Translation services for other documents or Mediations in languages
other than English shall be made available to persons requesting such services subject
to the City’s ability to provide such services. In the event that the City is unable to
provide such services, parties who do not speak or are not comfortable with English
must provide their own translators. To participate in Mediation proceedings, the
translators will be required to take an oath that they are fluent in both English and the
relevant foreign language and that they will fully and to the best of their ability translate
the proceedings.
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DE. Failure to Provide Notice. Failure to comply with the notice provisions described in this
Chapter shall render any rental increase notice invalid and unenforceable. The failure to
comply with the notice provisions will be cured only after the proper written notice of
Tenant's Rights, along with a new rental increase notice, has been properly served on
the Ttenant.
DIVISION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA
Guidelines because it can be seen with certainty that there is no possibility that the adoption of
this Ordinance may have a significant effect on the environment, in that this ordinance applies
residential tenant protection measures to existing residential units in San Rafael, which is solely
an administrative process resulting in no physical changes to the environment.
DIVISION 5. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 6. EFFECTIVE DATE; PUBLICATION.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and shall
be in full force and effect thirty (30) days after its final passage. If published in summary form,
the summary shall also be published within fifteen (15) days after the adoption, together with the
names of those Councilmembers voting for or against same, in a newspaper of general
circulation published and circulated in the City of San Rafael, County of Marin, State of
California.
__________________________
GARY O. PHILLIPS, Mayor
ATTEST:
______________________________
LINDSAY LARA, City Clerk
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The foregoing Ordinance No.______ was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the _______ day of ____________________, 2019 and
ordered passed to print by the following vote, to wit:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the _______ day of ____________________, 2019.
______________________________
LINDSAY LARA, City Clerk
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ORDINANCE NO.________
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL
ADDING NEW CHAPTER 10.105 TO THE SAN RAFAEL MUNICIPAL CODE,
ENTITLED “CAUSE REQUIRED FOR EVICTION”
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS, over 57,700 people permanently reside in the incorporated City of San
Rafael, which population is projected to grow by approximately 11,000 additional residents by
2040, as identified in Appendix B: Background Report of the 2015-2023 San Rafael Housing
Element; and
WHEREAS, 48 percent of the 24,000 housing units in the City of San Rafael are
occupied by renters, as identified in Appendix B: Background Report of the 2015-2023 San
Rafael Housing Element; and
WHEREAS, vacancy rate measures the overall housing availability in a community and
is often a good indicator of how efficiently for-sale and rental housing units are meeting the
current demand for housing; a low vacancy rate may indicate that households are having
difficulty in finding housing that is affordable, which can lead to housing overpayment and/or
overcrowding; and
WHEREAS, housing overpayment, as defined by the state and federal government,
refers to spending more than 30 percent of income on housing; severe overpayment is spending
greater than 50 percent of income on housing; and
WHEREAS, in 2010, 53 percent of renter households were overpaying for housing and
30% of households were severely overpaying for housing, as identified in Appendix B:
Background Report of the 2015-2023 San Rafael Housing Element; and
WHEREAS, if a renter receives an eviction notice in a rental market with a low vacancy
rate, it can be very difficult to find new housing and displacement is more likely to occur; and
WHEREAS, as of 2018, the rental vacancy rate in Marin County was below 3%,
according to the Marin County Community Development Agency; a healthy rate is closer to 6%
to 7%; and
WHEREAS, the 2013, 2015, and 2017 Homeless Point-in-Time Counts each identify the
lack of affordable housing as the leading cause of homelessness in Marin County; and
WHEREAS, the 2018-2019 City Council Goals and Objectives includes “exploring
protections to increase rental and ownership housing affordability”; and
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WHEREAS, at the February 4, 2019 City Council Meeting, staff presented potential
renter protection policies to address the issue of rental housing affordability and stability; and
WHEREAS, the City Council formed an ad hoc Renter Protections Subcommittee to vet
these policy options in more detail, solicit feedback from the public, and incorporate the
feedback of local stakeholders; and
WHEREAS, on May 4, 2019, the Renter Protections Subcommittee recommended that
the City establish a Just Cause for Eviction program with the goal of promoting greater
awareness of the rights and responsibilities of landlords and tenants and to provide a clear and
transparent process for evictions and lease terminations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 2. AMENDMENT OF MUNICIPAL CODE.
Title 10 of the San Rafael Municipal Code, entitled “Businesses, Professions, Occupations,
Industries and Trades” is hereby amended by adding new Chapter 10.105, entitled “Cause
Required for Eviction” to read in its entirety as follows:
10.105.010 Purpose and intent.
It is the purpose and intent of this Chapter to encourage certainty and fairness in the residential
rental market within the City of San Rafael in order to promote the health, safety, and general
welfare of residents and property owners within the City. This Chapter regulates the reason(s) for
and defines certain minimum term(s) under which certain residential tenancies may be terminated
by Landlords of rental Dwelling Units located within the City.
10.105.020 Applicability.
A. General Application. Except as provided in Section 10.105.020(B) below, the provisions
of this Chapter shall apply to all properties in the City of San Rafael that contain at least
three: (1) Dwelling Units in a multifamily or multipurpose dwelling; (2) Dwelling Units in
Single Room Occupancy residential structures; or (3) units in a structure that is being
used for residential uses whether or not the residential use is a conforming use
permitted under the San Rafael Municipal Code, which is hired, rented, or leased to a
household within the meaning of California Civil Code section 1940.
B. Exceptions. Notwithstanding anything to the contrary above, the provisions of this Chapter
shall not apply to the following types of Dwelling Units:
(1) Any Dwelling Unit for which one of the following is true: (a) the Dwelling Unit is
owned or operated by any government agency; or (b) the Rent is directly
subsidized by a government agency such that the Tenant's portion of the Rent
does not exceed 30% of household income; or
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(2) Any Dwelling Unit located in a development where no fewer than forty-nine percent
(49%) of the Dwelling Units are subject to legally binding restrictions enforceable
against and/or governing such units that limit the Rent to no more than an
affordable rent, as such term is defined in California Health & Safety Code Section
50053; or
(3) Any Dwelling Unit occupied by a Tenant employed by the Landlord for the purpose
of managing the property; or
(4) Any Dwelling Unit occupied in whole or in part by the property owner or the property
owner’s family members, including parents, children, brothers, sisters, aunts,
uncles, nieces, and/or nephews.
10.105.030 Definitions.
For the purpose of this Chapter, unless the context clearly requires a different meaning, the
words, terms, and phrases set forth in this section shall have the meanings given to them in this
section:
A. "City" means the City of San Rafael.
B. "CDD Director" means the City Community Development Department Director or their
designee unless otherwise specified.
C. Dwelling unit" means one or more rooms designed, occupied or intended for
occupancy as separate living quarters , with a kitchen, sleeping facilities, and sanitary
facilities for the exclusive use of one household.
D. "For Cause" termination has the meaning provided in subsection (B) of Section
10.105.040.
E. "Guidelines" means any written regulations and forms for the administration and
implementation of this Chapter adopted by the CDD Director.
F. "Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive
Rent for the use and occupancy of any Dwelling Unit or portion thereof.
G. "No Fault" termination has the meaning provided in subsection (C) of Section 10.105.040.
H. "Notice of Termination" means a written notice that includes all of the components
identified in Section 10.105.050.
I. "Primary Residence" means a Dwelling Unit that an owner occupies as a primary
residence, as evidenced by the Dwelling Unit qualifying for a homeowner's property tax
exemption.
J. "Rent" means the consideration, including any funds, labor, bonus, benefit, or gratuity,
demanded or received by a Landlord for or in connection with the use and occupancy of
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a Dwelling Unit and the housing services provided therewith, or for the assignment of a
rental agreement for a Dwelling Unit.
K. "Tenant" means a person entitled by written or oral agreement, or by sufferance, to the
use or occupancy of a Dwelling Unit.
L. "Tenant Household" means all Tenant(s) who occupy any individual Dwelling Unit, and
each minor child, dependent, spouse or registered domestic partner of any Tenant whose
primary residence is the Dwelling Unit.
10.105.040 Cause required to terminate tenancy.
A. Prerequisites to terminate. No Landlord may terminate a residential tenancy of a Dwelling
Unit unless the Landlord can demonstrate:
(1) the Landlord possesses a valid Business License in accordance with Chapter
10.04 of this Code; and
(2) the Landlord has previously provided the Tenant with the Notice of Tenant Rights
as required by Section 10.100.070 of this Code, or can otherwise demonstrate
timely, good faith substantial compliance with the noticing requirements listed
therein and in this Chapter; and
(3) the Landlord has not accepted and will not accept rent or any other considerat ion
in return for the continued use of the Dwelling Unit beyond the term of the
terminated tenancy in compliance with California Civil Code sections 1945, 1946,
and 1946.1; and
(4) the termination qualifies as a For Cause or No Fault termination, as defined in this
Section.
B. For Cause Terminations. If a Landlord can show any of the following circumstances with
respect to a termination of tenancy, the termination will qualify as "For Cause." Nothing in
this section shall abrogate the protections afforded to survivors of violence consistent with
the California Code of Civil Procedure Section 1161.3, as amended, and the Violence
Against Women Act, Public Law 102-322, as amended:
(1) Failure to Pay Rent. Tenant failed to pay Rent within three days of receiving written
notice from the Landlord demanding payment as provided in subsection 2 of
California Code of Civil Procedure section 1161;
(2) Breach of Rental Contract. Tenant violated a material term of the rental agreement
so as to give rise to Landlord’s rights and obligations as set forth in California Code
of Civil Procedure section 1161;
(3) Tenant Illegal Activities. Tenant has been using the Dwelling Unit for an illegal
purpose as provided in subsection 4 of California Code of Civil Procedure section
1161, including but not limited to the unlawful distribution of a controlled
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substance as contemplated by California Civil Code section 3486, the unlawful
use, manufacture, or possession of weapons and ammunition as contemplated
by California Civil Code section 3485, or for a serious crime or violent felony as
defined by applicable law, which occurred during the tenancy and within 1,000
feet of the Dwelling Unit. For purposes of this subsection, Tenant Household,
after receiving a written notice, may cure the violation by removing, and
demonstrating such removal, of the offending Tenant, provided, however, that
such right to cure may not be exercised more than one time in any twelve-month
period.
(4) Threat of Violent Crime. Any statement made by a Tenant, or at his or her request,
by his or her agent to any person who is on the property that includes the unit or
to the Landlord, or his or her agent, threatening the commission of a crime which
will result in death or great bodily injury to another person, with the specific intent
that the statement is to be taken as a threat, even if there is no intent of actually
carrying it out, when on its face and under the circumstances in which it is made,
it is so unequivocal, immediate and specific as to convey to the person threatened,
a gravity of purpose and an immediate prospect of execution of the threat, and
thereby causes that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety;
(5) Nuisance Behavior. The Tenant, after written notice to cease and the passage of
a reasonable period of time to abate or cure, continues to be so disorderly or to
cause such a nuisance as to interfere with the peace, quiet, comfort, or safety of
the Landlord or other Tenants of the structure or rental complex containing the
Dwelling Unit. Such nuisance or disorderly conduct includes violations of state and
federal criminal law that interfere with the peace, quiet, comfort, or safety of the
Landlord or other Tenants of the structure or rental complex containing the
Dwelling Unit, or the creation or maintenance of a dangerous or unsanitary
condition in violation of applicable local, state, and federal law, and may be further
defined in Guidelines adopted by the CDD Director;
(6) Notwithstanding the limitations of California Code of Civil Procedure Section
1161.3, as amended, an act or acts constituting domestic violence or sexual
assault or stalking against the Tenant or a member of Tenant's household cannot
form the substantial basis of a For Cause terminat ion the tenancy of the victim of
such acts. A member of a Tenant household may raise such facts as an affirmative
defense to an action terminating the tenancy.
C. No Fault Terminations. If a Landlord can show any of the following circumstances with
respect to a termination of tenancy, the termination will qualify as "No Fault:"
(1) Landlord Will Permanently Remove Unit from Rental Market. Landlord will
imminently demolish the Dwelling Unit or otherwise permanently remove the
Dwelling Unit from any residential rental use or purpose, in accordance with
California Government Code sections 7060 – 7060.7;
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(2) Landlord Will Move in to Dwelling Unit. Landlord, or one of Landlord's family
members, including parents, children, brothers, sisters, aunts, uncles, nieces,
and/or nephews, intends to move into and reside in the Dwelling Unit as his, her,
or their Primary Residence. The Dwelling Unit must be occupied as the Primary
Residence within three months of the Tenant household vacating the Dwelling
Unit, and the Dwelling Unit must continue to be occupied as the Primary Residence
for at least one year;
(3) Substantial Rehabilitation for Health and Safety. Landlord has applied for or
obtained permits to undertake substantial repairs to the Dwelling Unit that cannot
be completed while the Dwelling Unit is occupied. To qualify, such substantial
repairs must be for the primary purpose of bringing the Dwelling Unit into
compliance with applicable law;
(4) Tenant’s Refusal to Execute Lease. Tenant refuses to accept a lease at the outset
of the tenancy, or to renew a lease on terms substantially similar to the Tenant’s
existing lease.
D. Buy-Out Agreements. Nothing in this Chapter shall expand or limit a Landlord and
Tenant's ability to negotiate or agree to end a tenancy voluntarily in exchange for money
or other consideration.
10.105.050 Notice of Termination.
A. Contents of Notice of Termination. In addition to any information required by state or
federal law, each Notice of Termination subject to this Chapter must include the following
information.
(1) The name and address of the Landlord where the Landlord will accept service of
process; and
(2) The location of the Dwelling Unit; and
(3) The total length of the notice prior to termination of tenancy (expressed as number
of days from delivery of notice until the anticipated final date of tenancy); and
(4) The intended final date of occupancy under the tenancy; and
(5) The monthly Rent applicable to the tenancy upon delivery of the Notice, and, if
applicable, the date on which the final monthly Rent is due; and
(6) The beginning date of the tenancy and monthly Rent applicable at that time; and
(7) One applicable cause for which the tenancy will be terminated, in accordance with
Section 10.105.040 of this Chapter.
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B. Language of Notice of Termination. If the Tenant's rental agreement was negotiated in a
language other than English, then the Landlord shall provide the Notice of Termination in
the language in which the rental agreement was negotiated.
C. Delivery of Notice. Each Notice of Termination must be delivered to the Tenant Household
in accordance with Civil Code sections 1946 and 1946.1, as applicable.
10.105.060 Extended notice for certain No Fault terminations.
Each Tenant household whose tenancy is terminated pursuant to subsection (C)(1) of Section
10.105.040 (Landlord will permanently remove unit from rental market) must receive notice of
the termination at least one hundred twenty (120) days prior to the intended final date of
occupancy under the tenancy.
10.105.070 Civil remedies.
A. Affirmative Defense. A Landlord's failure to comply with this Chapter, including but not
limited to the identification of an applicable cause for termination described in Section
10.105.040 and delivery of a completed Notice of Termination in accordance with Section
10.105.050, shall be an affirmative defense to an unlawful detainer action by Landlord.
B. Civil Liability. Whenever a Landlord attempts to prevent a tenant from acquiring any rights
under this Chapter, retaliates against a Tenant or Tenant Household for the exercise of
any rights under this Chapter, or engages in activities prohibited under this Chapter, the
Tenant or the Tenant Household may institute a civil proceeding for money damages or
injunctive relief, or both. This Section creates a private right of action to enforce all terms,
rights, and obligations under this Chapter. Whoever is found to have violated Section
10.105.040, or has failed to substantially comply with Section 10.105.050, shall be subject
to appropriate injunctive relief and shall be liable for damages, costs and reasonable
attorneys’ fees, and whatever other relief the court deems appropriate. In the case of an
award of damages, said award may be trebled if the trier of fact finds that the Landlord
acted in knowing violation, reckless disregard, or otherwise willfully failed to comply with
the foregoing provisions.
C. Civil Action to Determine Liability. Any Tenant may bring a civil action to determine the
applicability of this Chapter to the tenancy.
D. Other Private Rights of Action. Nothing herein shall be deemed to interfere with the right
of a Landlord to file an action against a Tenant or non-Tenant third party for the damage
done to said Landlord’s property. Nothing herein is intended to limit the damages
recoverable by any party through a private action.
10.105.080 Compliance with other local regulations
The requirements of this Chapter shall be in addition to and not in lieu of any other applicable laws
and regulations.
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10.105.090 Severability.
The provisions of this Chapter are declared to be severable. If for any reason, any section,
paragraph, clause, or phrase of this Chapter or the application thereof to any person, entity, or
circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or
phrases.
DIVISION 3. ORDINANCE REVIEW.
The regulations adopted by this Ordinance shall be reviewed by the City Council after they have
been in effect for one year.
DIVISION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA
Guidelines because it can be seen with certainty that there is no possibility that the adoption of
this Ordinance may have a significant effect on the environment, in that this ordinance applies
residential tenant protection measures to existing residential units in San Rafael, which is solely
an administrative process resulting in no physical changes to the environment.
DIVISION 5. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 6. EFFECTIVE DATE; PUBLICATION.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and shall
be in full force and effect thirty (30) days after its final passage. If published in summary form,
the summary shall also be published within fifteen (15) days after the adoption, together with the
names of those Councilmembers voting for or against same, in a newspaper of general
circulation published and circulated in the City of San Rafael, County of Marin, State of
California.
__________________________
GARY O. PHILLIPS, Mayor
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ATTEST:
______________________________
LINDSAY LARA, City Clerk
The foregoing Ordinance No.______ was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the _______ day of ____________________, 2019 and
ordered passed to print by the following vote, to wit:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the _______ day of ____________________, 2019.
______________________________
LINDSAY LARA, City Clerk
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ORDINANCE NO.________
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL
ADDING NEW CHAPTER 10.105 TO THE SAN RAFAEL MUNICIPAL CODE,
ENTITLED “CAUSE REQUIRED FOR EVICTION”
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS, over 57,700 people permanently reside in the incorporated City of San
Rafael, which population is projected to grow by approximately 11,000 additional residents by
2040, as identified in Appendix B: Background Report of the 2015-2023 San Rafael Housing
Element; and
WHEREAS, 48 percent of the 24,000 housing units in the City of San Rafael are
occupied by renters, as identified in Appendix B: Background Report of the 2015-2023 San
Rafael Housing Element; and
WHEREAS, vacancy rate measures the overall housing availability in a community and
is often a good indicator of how efficiently for-sale and rental housing units are meeting the
current demand for housing; a low vacancy rate may indicate that households are having
difficulty in finding housing that is affordable, which can lead to housing overpayment and/or
overcrowding; and
WHEREAS, housing overpayment, as defined by the state and federal government,
refers to spending more than 30 percent of income on housing; severe overpayment is spending
greater than 50 percent of income on housing; and
WHEREAS, in 2010, 53 percent of renter households were overpaying for housing and
30% of households were severely overpaying for housing, as identified in Appendix B:
Background Report of the 2015-2023 San Rafael Housing Element; and
WHEREAS, if a renter receives an eviction notice in a rental market with a low vacancy
rate, it can be very difficult to find new housing and displacement is more likely to occur; and
WHEREAS, as of 2018, the rental vacancy rate in Marin County was below 3%,
according to the Marin County Community Development Agency; a healthy rate is closer to 6%
to 7%; and
WHEREAS, the 2013, 2015, and 2017 Homeless Point-in-Time Counts each identify the
lack of affordable housing as the leading cause of homelessness in Marin County; and
WHEREAS, the 2018-2019 City Council Goals and Objectives includes “exploring
protections to increase rental and ownership housing affordability”; and
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WHEREAS, at the February 4, 2019 City Council Meeting, staff presented potential
renter protection policies to address the issue of rental housing affordability and stability; and
WHEREAS, the City Council formed an ad hoc Renter Protections Subcommittee to vet
these policy options in more detail, solicit feedback from the public, and incorporate the
feedback of local stakeholders; and
WHEREAS, on May 4, 2019, the Renter Protections Subcommittee recommended that
the City establish a Just Cause for Eviction program with the goal of promoting greater
awareness of the rights and responsibilities of landlords and tenants and to provide a clear and
transparent process for evictions and lease terminations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 2. AMENDMENT OF MUNICIPAL CODE.
Title 10 of the San Rafael Municipal Code, entitled “Businesses, Professions, Occupations,
Industries and Trades” is hereby amended by adding new Chapter 10.105, entitled “Cause
Required for Eviction” to read in its entirety as follows:
10.105.010 Purpose and intent.
It is the purpose and intent of this Chapter to encourage certainty and fairness in the residential
rental market within the City of San Rafael in order to promote the health, safety, and general
welfare of residents and property owners within the City. This Chapter regulates the reason(s) for
and defines certain minimum term(s) under which certain residential tenancies may be terminated
by Landlords of rental Dwelling Units located within the City.
10.105.020 Applicability.
A. General Application. Except as provided in Section 10.105.020(B) below, the provisions
of this Chapter shall apply to all properties in the City of San Rafael that contain at least
three: (1) Dwelling Units which contain a separate bathroom, kitchen, and living area in a
multifamily or multipurpose dwelling; (2) Dwelling Units in Single Room Occupancy
residential structures; or (3) units in a structure that is being used for residential uses
whether or not the residential use is a conforming use permitted under the San Rafael
Municipal Code, which is hired, rented, or leased to a household within the meaning of
California Civil Code section 1940. This definition applies to any dwelling space that is
actually used for residential purposes, including live-work spaces, whether or not the
residential use is legally permitted.
B. Exceptions. Notwithstanding anything to the contrary above, the provisions of this Chapter
shall not apply to the following types of Dwelling Units:
(1) Any Dwelling Unit for which one of the following is true: (a) the Dwelling Unit is
owned or operated by any government agency; or (b) the Rent is directly
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subsidized by a government agency such that the Tenant's portion of the Rent
does not exceed 30% of household income; or
(2) Any Dwelling Unit located in a development where no fewer than forty-nine percent
(49%) of the Dwelling Units are subject to legally binding restrictions enforceable
against and/or governing such units that limit the Rent to no more than an
affordable rent, as such term is defined in California Health & Safety Code Section
50053; or
(3) Any second dwelling unit or junior dwelling unit, each as defined in San Rafae l
Municipal Code Section 14.03.030; or
(4) Any Dwelling Unit occupied by a Tenant employed by the Landlord for the purpose
of managing the property.; or
(4) Any Dwelling Unit occupied in whole or in part by the property owner or the property
owner’s family members, including parents, children, brothers, sisters, aunts,
uncles, nieces, and/or nephews.
10.105.030 Definitions.
For the purpose of this Chapter, unless the context clearly requires a different meaning, the
words, terms, and phrases set forth in this section shall have the meanings given to them in this
section:
A. "City" means the City of San Rafael.
B. “Director" means the City _______________________ Director or their designee unless
otherwise specified. "CDD Director" means the City Community Development
Department Director or their designee unless otherwise specified.
C. "Dwelling Unit" means a structure or the part of a structure that is used as a home,
residence, or sleeping place by one person who maintains a household or by two or
more persons who maintain a common household as defined in California Civil Code
section 1940.Dwelling unit" means one or more roo ms designed, occupied or intended
for occupancy as separate living quarters , for the exclusive use of one household, with
a kitchen, sleeping facilities, and sanitary facilities for the exclusive use of one
household.
D. "For Cause" termination has the meaning provided in subsection (B) of Section
10.105.040.
E. "Guidelines" means any written regulations for the administration and implementation of
this Chapter adopted by the ___________________ Director. "Guidelines" means any
written regulations and forms for the administration and implementation of this Chapter
adopted by the CDD Director.
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F. "Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive
Rent for the use and occupancy of any Dwelling Unit or portion thereof.
G. "No Fault" termination has the meaning provided in subsection (DC) of Section
10.105.040.
H. "Notice of Termination" means a written notice that includes all of the components
identified in Section 10.105.050.
I. "Primary Residence" means a Dwelling Unit that an owner occupies as a primary
residence, as evidenced by the Dwelling Unit qualifying for a homeowner's property tax
exemption.
J. "Rent" means the consideration, including any funds, labor, bonus, benefit, or gratuity,
demanded or received by a Landlord for or in connection with the use and occupancy of
a Dwelling Unit and the housing services provided therewith, or for the assignment of a
rental agreement for a Dwelling Unit.
K. "Tenant" means a person entitled by written or oral agreement, or by sufferance, to the
use or occupancy of a Dwelling Unit.
L. "Tenant Household" means all Tenant(s) who occupy any individual Dwelling Unit, and
each minor child, dependent, spouse or registered domestic partner of any Tenant whose
primary residence is the Dwelling Unit.
10.105.040 Cause required to terminate tenancy.
A. Prerequisites to terminate. No Landlord may terminate a residential tenancy of a Dwelling
Unit unless the Landlord can demonstrate:
(1) the Landlord possesses a valid Business License in accordance with Chapter
10.04 of this Code; and
(2) the Landlord has previously provided the Tenant with the Notice of Tenant Rights
as required by Section 10.100.080 070 of this Code, or can otherwise demonstrate
timely, good faith substantial compliance with the noticing requirements listed
therein and in this Chapter; and
(3) the Landlord served a Notice of Termination to the Tenant, in the form required by
Section 10.105.050 of this Chapter, and that the Landlord delivered a true and
accurate copy of the Notice of Termination to the __________________Director
within ten (10) calendar days of delivery to the Tenant(s); and
(43) the Landlord has not accepted and will not accept rent or any other consideration
in return for the continued use of the Dwelling Unit beyond the term of the
terminated tenancy in compliance with California Civil Code sections 1945, 1946,
and 1946.1; and
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(54) the termination qualifies as a For Cause or No Fault termination, as defined in this
Section;. and
(6) for all Notices of Termination served to the Tenant after June 1, 2019, the Landlord
must have registered the Dwelling Unit in accordance with Section 10.105.080 of
this Chapter; and
(7) the Landlord has complied with the requirements listed in Section 10.105.090 of
this Chapter.
B. For Cause Terminations. If a Landlord can show any of the following circumstances with
respect to a termination of tenancy, the termination will qualify as "For Cause." Nothing in
this section shall abrogate the protections afforded to survivors of violence consistent with
the California Code of Civil Procedure Section 1161.3, as amended, and the Violence
Against Women Act, Public Law 102-322, as amended:
(1) Failure to Pay Rent. Tenant failed to pay Rent within three days of receiving written
notice from the Landlord demanding payment as provided in subsection 2 of
California Code of Civil Procedure section 1161;
(2) Breach of Rental Contract. Tenant violated a material term of the rental agreement
so as to give rise to Landlord’s rights and obligations as set forth in as provided in
subsection 3 of California Code of Civil Procedure section 1161;
(3) Tenant Illegal Activities. Tenant has been convicted for using the Dwelling Unit
for an illegal purpose as provided in subsection 4 of California Code of Civil
Procedure section 1161, including but not limited to the unlawful distribution of a
controlled substance as contemplated by California Civil Code section 3486, the
unlawful use, manufacture, or possession of weapons and ammunition as
contemplated by California Civil Code section 3485, or for a serious crime or
violent felony as defined by applicable law, which occurred during the tenancy
and within 1,000 feet of the Dwelling Unit. For purposes of this subsection,
Tenant Household, after receiving a written notice, may cure the violation by
removing, and demonstrating such removal, of the offending Tenant, provided,
however, that such right to cure may not be exercised more than one time in any
twelve-month period.
(4) Threat of Violent Crime. Any statement made by a Tenant, or at his or her request,
by his or her agent to any person who is on the property that includes the unit or
to the Landlord, or his or her agent, threatening the commission of a crime which
will result in death or great bodily injury to another person, with the specific intent
that the statement is to be taken as a threat, even if there is no intent of actually
carrying it out, when on its face and under the circumstances in which it is made,
it is so unequivocal, immediate and specific as to convey to the person threatened,
a gravity of purpose and an immediate prospect of execution of the threat, and
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thereby causes that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety;
(5) Nuisance Behavior. The Tenant, after written notice to cease and the passage of
a reasonable period of time to abate or cure, continues to be so disorderly or to
cause such a nuisance as to destroy interfere with the peace, quiet, comfort, or
safety of the Landlord or other Tenants of the structure or rental complex
containing the Dwelling Unit. Such nuisance or disorderly conduct includes
violations of state and federal criminal law that destroy interfere with the peace,
quiet, comfort, or safety of the Landlord or other Tenants of the structure or rental
complex containing the Dwelling Unit, or the creation or maintenance of a
dangerous or unsanitary condition in violation of applicable local, state, and
Federal federal law, and may be further defined in the regulationsGuidelines
adopted by the CDD Director.;
(6) Notwithstanding the limitations of California Code of Civil Procedure Section
1161.3, as amended, an act or acts constituting domestic violence or sexual
assault or stalking against the Tenant or a member of Tenant's household cannot
form the substantial basis of a For Cause reason to terminateion the tenancy of
the victim of such acts. A member of a Tenant household may raise such facts as
an affirmative defense to an action terminating the tenancy.
C. No Fault Terminations. If a Landlord can show any of the following circumstances with
respect to a termination of tenancy, the termination will qualify as "No Fault:"
(1) Landlord Will Permanently Remove Unit from Rental Market. Landlord will
imminently demolish the Dwelling Unit or otherwise permanently remove the
Dwelling Unit from any residential rental use or purpose, in accordance with
California Government Code sections 7060 – 7060.7;
(2) Landlord Will Move in to Dwelling Unit. Landlord, or one of Landlord's family
members, including parents, or children, brothers, sisters, aunts, uncles, nieces,
and/or nephews, intends to move into and reside in the Dwelling Unit as his, her,
or their Primary Residence. The Dwelling Unit must be occupied as the Primary
Residence within three months of the Tenant household vacating the Dwelling
Unit, and the Dwelling Unit must continue to be occupied as the Primary Residence
for at least one year;
(3) Substantial Rehabilitation for Health and Safety. Landlord has applied for or
obtained permits to undertake substantial repairs to the Dwelling Unit that cannot
be completed while the Dwelling Unit is occupied. To qualify, such substantial
repairs must be for the primary purpose of bringing the Dwelling Unit into
compliance with applicable lawhealth and safety codes;
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7
(4) Tenant’s Refusal to Execute Lease. Tenant refuses to accept a lease at the outset
of the tenancy, or to renew a lease on terms substantially similar to the Tenant’s
existing lease.
D. Buy-Out Agreements. Nothing in this Chapter shall expand or limit a Landlord and
Tenant's ability to negotiate or agree to end a tenancy voluntarily in exchange for money
or other consideration.
10.105.050 Notice of Termination.
A. Contents of Notice of Termination. In addition to any information required by state or
federal law, each Notice of Termination subject to this Chapter must include the following
information.
(1) The name and address of the Landlord where the Landlord will accept service of
process; and
(2) The location of the Dwelling Unit; and
(3) The total length of the notice prior to termination of tenancy (expressed as number
of days from delivery of notice until the anticipated final date of tenancy); and
(4) The intended final date of occupancy under the tenancy; and
(5) The monthly Rent applicable to the tenancy upon delivery of the Notice, and, if
applicable, the date on which the final monthly Rent is due; and
(6) The beginning date of the tenancy and monthly Rent applicable at that time; and
(7) One applicable cause for which the tenancy will be terminated, in accordance with
Section 10.105.040 of this Chapter.
B. Language of Notice of Termination. If the Tenant's rental agreement was negotiated in a
language other than English, then the Landlord is obligated toshall provide an accurate
translation of the Notice of Termination in the language in which the rental agreement was
negotiated.
C. Delivery of Notice. Each Notice of Termination must be delivered to the Tenant Household
in accordance with Civil Code sections 1946 and 1946.1, as applicable.
D. Copy of Notice to City. Landlords must provide a copy of the Notice of Termination to the
City _______________________Department within ten days of delivery to the Tenant(s).
In the event that the Landlord has identified a breach of a rental contract as a cause for
the Termination as provided in Section 10.105.040(B)(2), the Landlord must attach a copy
of the applicable rental agreement or contract to the Notice of Termination when
submitting the Notice of Termination to the City. Notices of Termination may be submitted
via the City’s website for such Notices or as otherwise specified in the Guidelines.
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8
10.105.060 Extended notice for certain No Fault terminations.
Each Tenant household whose tenancy is terminated pursuant to subsection (C)(1) of Section
10.105.040 (Landlord will permanently remove unit from rental market) must receive notice of
the termination at least one hundred twenty (120) days prior to the intended final date of
occupancy under the tenancy.
10.105.070 Civil remedies.
A. Affirmative Defense. A Landlord's failure to comply with this Chapter, including but not
limited to the identification of an applicable cause for termination described in Section
10.105.040 and delivery of a completed Notice of Termination in accordance with Section
10.105.050, shall be an affirmative defense to an unlawful detainer action by Landlord.
B. Civil Liability. Whenever a Landlord attempts to prevent a tenant from acquiring any rights
under this chapterChapter, retaliates against a Tenant or Tenant Household for the
exercise of any rights under this Chapter, or engages in activities prohibited under this
Chapter, the Tenant or the Tenant Household may institute a civil proceeding for money
damages or injunctive relief, or both. This section Section creates a private right of action
to enforce all terms, rights, and obligations under this chapterChapter. Whoever is found
to have violated this chapter Section 10.105.040, or has failed to substantially comply with
Section 10.105.050, shall be subject to appropriate injunctive relief and shall be liable for
damages, costs and reasonable attorneys’ fees, and whatever other relief the court deems
appropriate. In the case of an award of damages, said award may be trebled if the trier of
fact finds that the Landlord acted in knowing violation, reckless disregard, or otherwise
willfully failed to comply with this chapterthe foregoing provisions.
C. Civil Action to Determine Liability. Any Tenant may bring a civil action to determine the
applicability of this Chapter to the tenancy.
D. Other Private Rights of Action. Nothing herein shall be deemed to interfere with the right
of a Landlord to file an action against a Tenant or non-Tenant third party for the damage
done to said Landlord’s property. Nothing herein is intended to limit the damages
recoverable by any party through a private action.
10.105.080 Rental Dwelling Unit registry.
No later than June 1, 2019, and on or before January 1 of each year thereafter, each
person or entity seeking to Rent or lease one or more Dwelling Units on properties
that are subject to the provisions of this Chapter to a residential Tenant must
register their unit(s), using forms provided by the City. Each addition to the registry
must include, at a minimum, the following information provided u nder penalty of
perjury and certified to be true as of November 1 of the preceding year:
DRAFT DATE: May 29, 2019 REDLINED COPY
9
A. the name, address, and phone number of the person(s) that own the Dwelling Unit to be
rented, if other than a natural person then the name of the entity and the nam e and
address of the designated agent for service of process; and
B. the address of each Dwelling Unit for rent or lease; and
C. the number of bedrooms in each Dwelling Unit for rent or lease; and
D. the amount and date of the monthly Rent received for each Dwelling Unit, identifying
whether the monthly Rent includes specified utilities (water/sewer, refuse/recycle, natural
gas, electricity, etc.); and
E. the occupancy status of each Dwelling Unit (e.g. vacant or occupied); and
F. the address of all other Dwelling Units owned in the County; and
G. the Business License number applicable to each above-referenced Dwelling Unit in
accordance with Chapter 10.04 of this Code.
10.105.080 Compliance with other local regulations
The requirements of this Chapter shall be In addition to the requirements of this Chapter,
properties subject to the provisions of this Chapter shall also comply with all other applicable
regulations, including but not necessarily limited to maintaining a valid business license.in addition
to and not in lieu of any other applicable laws and regulations.
10.105.090 Severability.
The provisions of this Chapter are declared to be severable. If for any reason, any section,
paragraph, clause, or phrase of this Chapter or the application thereof to any person, entity, or
circumstance is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or
phrases.
DIVISION 3. ORDINANCE REVIEW.
The regulations adopted by this Ordinance shall be reviewed by the City Council after they have
been in effect for one year.
DIVISION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA
Guidelines because it can be seen with certainty that there is no possibility that the adoption of
this Ordinance may have a significant effect on the environment, in that this ordinance applies
residential tenant protection measures to existing residential units in San Rafael, which is solely
an administrative process resulting in no physical changes to the environment.
DIVISION 5. SEVERABILITY.
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10
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 6. EFFECTIVE DATE; PUBLICATION.
This Ordinance shall be published once, in full or in summary form, before its final passage, in a
newspaper of general circulation, published, and circulated in the City of San Rafael, and shall
be in full force and effect thirty (30) days after its final passage. If published in summary form,
the summary shall also be published within fifteen (15) days after the adoption, together with the
names of those Councilmembers voting for or against same, in a newspaper of general
circulation published and circulated in the City of San Rafael, County of Marin, State of
California.
__________________________
GARY O. PHILLIPS, Mayor
ATTEST:
______________________________
LINDSAY LARA, City Clerk
The foregoing Ordinance No.______ was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the _______ day of ____________________, 2019 and
ordered passed to print by the following vote, to wit:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the _______ day of ____________________, 2019.
DRAFT DATE: May 29, 2019 REDLINED COPY
11
______________________________
LINDSAY LARA, City Clerk
Legal No.
Marin Independent Journal
4000 Civic Center Drive, Suite 301
San Rafael, CA 94903
415-382-7335
legals@marinij.com
I am a citizen of the United States and a resident of the
County aforesaid: I am over the age of eighteen years, and
not a party to or interested in the above matter. I am the
principal clerk of the printer of the MARIN INDEPENDENT
JOURNAL, a newspaper of general circulation, printed and
published daily in the County of Marin, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955,
CASE NUMBER 25566; that the notice, of which the
annexed is a printed copy (set in type not smaller than
nonpareil), has been published in each regular and entire
issue of said newspaper and not in any supplement
thereof on the following dates, to-wit:
05/24/2019
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Dated this 24th day of May, 2019.
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
Signature
PROOF OF PUBLICATION
0006344545
2070419
CITY OF SAN RAFAEL
CITY OF SAN RAFAEL
CITY CLERK, ROOM 209
1400 FIFTH AVENUE, SAN RAFAEL, CA 94901
SAN RAFAEL, CA 94915-1560
r.BP7-11/10/16 1
From:Crisalia Calderon
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 7:10:20 PM
Dear City Clerk Lindsay Lara,
My name is Crisalia, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Crisalia
From:Derbin sis
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 8:53:39 PM
Dear City Clerk Lindsay Lara,
My name is Derbin, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Derbin
From:Edvar Camara
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Tuesday, May 07, 2019 3:29:04 PM
Dear City Clerk Lindsay Lara,
My name is Edvar, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Edvar
From:Federico Rodas
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 9:56:02 PM
Dear City Clerk Lindsay Lara,
My name is Federico, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Federico
From:Fidelia Vicente
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 7:33:54 PM
Dear City Clerk Lindsay Lara,
My name is Fidelia, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Fidelia
From:Harlin Alvarez
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 7:24:37 PM
Dear City Clerk Lindsay Lara,
My name is Harlin Alvarez, and I am a resident of Marin County San Rafael
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Harlin
From:Iván Lázaro
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 8:02:29 PM
Dear City Clerk Lindsay Lara,
My name is Iván, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Iván
5/23/2019 Just Cause Feedback - Google Docs
https://docs.google.com/document/d/1V1Hr8-QcWuY5sAjmJ51Z_8cYqM-rcUANB66jLxw3NbM/edit 1/5
To Mayor Garry Phillips,
Vice Mayor Andrew Cuyugan McCullough,
City Council Members
John Gamblin,
Kate Colin,
Maribeth Bushey,
Director of Homeless Planning and Outreach Andrew Henning.
From Victor Kunin, 211 Marin St, San Rafael, CA 94901
RE: Proposed Just Cause Eviction ordinance
Dear Sir/Madam,
I’m a San Rafael resident and an owner of a small apartment building in Gerstle Park.In this
letter I express my opposition to the proposed Just Cause eviction ordinance.
While I understand the desire to protect tenants,the incentives that the ordinance creates for
the market must be considered.The effects of similar legislations are well-studied and the
projected consequences for the city are severe.The City Council formed a Subcommittee
tasked with examining this ordinance.This subcommittee has representatives from tenant
advocates,city officials and a real estate broker.However,it does not include an economist that
can examine incentives on the market and project the effects.
Prior to accepting the ordinance I kindly ask the Council to commission and consider
feedback from a professional economist specializing in tenant protection legislation .
Please do not put our city in jeopardy by overlooking the economic consequences and market
distortions created by the proposed policy.
Just Cause Eviction
There is no evidence that Just Cause legislation is needed .No evidence has been
presented that local tenants are being unfairly or “arbitrarily”evicted.In contrast,evidence
shows a continuous decline in evictions every year for the last 8 years.Eviction rates are at
historic lows:less than 1%of the total rentals in the County.As the ordinance will bring profound
deleterious effects to the city (see below), the cost is significant while the benefit is unclear.
Reasons for Just Cause are extremely restrictive .According to the proposed ordinance,
none of the tenant’s activities specified below justify an eviction:
●Cooking meth on property that was later ‘cured’.
●Storage or handling of hazardous materials endangering other tenants on the property.
1
5/23/2019 Just Cause Feedback - Google Docs
https://docs.google.com/document/d/1V1Hr8-QcWuY5sAjmJ51Z_8cYqM-rcUANB66jLxw3NbM/edit 2/5
●Property damage, including intentional.
●Sublet to third party.
●Conversion to short-term rental.
●Conversion of premises for non-residential purpose.
●Overcrowding.
●Unsanitary conditions created by tenants.
●Original tenant moving out.
●Habitually late rent payments.
Small business owners will be hit.The Just Cause ordinance leaves owners unprotected
against malicious tenants.One ‘solution’proposed by the City Council members to prepare
themselves for this ordinance is for owners to ‘lawyer up’and craft every possible violation into
the contract.However,most owners of rental properties in Marin are small,owning and renting
out only a few units.Many small owners can’t afford lawyers.Those owners are using standard
residential contracts,many of them not adjusted specifically for local ordinances.This will make
the bulk of San Rafael owners unprotected and feel threatened by the new ordinance.
Gentrification and homelessness increase .A recent wave of tenant protection ordinances in
the Bay Area is being followed by a wave of homelessness increase .This is despite stable rent
prices in over a year,solid job growth and expanding economy in the region.As San Rafael
doesn’t have yet Just Cause ordinances,here the homelessness is actually decreasing.The
proposed Just Cause ordinance will make sure San Rafael will catch up with the region and will
experience the growing homeless population.
Consider this.At our property in San Rafael we accepted as tenants people with problematic
credit history;convicted criminals on parole;refugees with no credit history.This was done
without coordination with any government program.In the absence of Just Cause ordinance we
judged the risk to be manageable.Yet,the Just Cause ordinance dramatically ups the risks of
taking a tenant with less than stellar record.We had no choice but to refuse to take tenants with
similar background at our property in San Francisco,because of the Just Cause ordinance
there. If Just Cause ordinance is approved, we will have to be similarly selective in San Rafael.
As rational landlords increasingly reduce risks and potential exposures under a Just Cause
regime,more renters will find it harder to find housing. San Rafael will become more
exclusive and gentrified, as has occurred in most jurisdictions with Just Cause policies.
Renters with less than stellar background will find themselves excluded from the housing
market.They will seek greater support from government programs.Those programs will
experience greater load and less resources per applicant.More people will be thrown to the
margins. This way the Just Cause ordinance will achieve the opposite effect from its
intention and will actually increase homelessness .
2
5/23/2019 Just Cause Feedback - Google Docs
https://docs.google.com/document/d/1V1Hr8-QcWuY5sAjmJ51Z_8cYqM-rcUANB66jLxw3NbM/edit 3/5
Nuisance proliferation .Unless owner ’s bottom line is hit,nuisance behaviour does not directly
impact the owner.Under the new ordinance,the owner will have to meticulously document
nuisance and follow complex legal eviction procedure to terminate the residency of the
nuisance-causing tenant.This creates the disconnect between the people suffering from
nuisance (tenants and neighbours)and the person tasked with increasingly complex task of
controlling it (owner).For the owner,eviction process is costly and risky with no clear financial
benefit.Owners will be less able to deal with tenants causing nuisance.Nuisances will endure,
generally escalate,causing stress and trouble for tenants,neighbors,law enforcement,and
property owners.
Rehab of neglected properties will be affected. Owners of residential rental properties have
a duty to maintain the property in a good working order.However,in practice some owners fail
to do that.Those properties are typically sold as 'fixer-uppers'with a discount allowing for fixing
the property.In most 'fixer-uppers'that I have seen tenants were still present and pay
below-market rate.
The new owner takes up responsibility for maintaining the property.In some cases neglect turns
out to be severe and it’s wise to do a major reconstruction that is incompatible with residency.At
present the new owner can terminate the tenancy at will in order to rebuild.Just Cause
ordinance would create significant barriers for that.
The proposed Just Cause ordinance allows for 'substantial rehabilitation'as a no-fault eviction.
As building code constantly changes,and buildings were built to comply to the building code at
the time of construction,most buildings do not comply with all current requirements of the code.
Experience in other Bay Area cities with Just Cause eviction demonstrate that a mare bringing a
building up to code doesn't qualify as 'substantial rehabilitation',as keeping units up to code is
landlord’s duty and not an option.
The current ordinance requires repairs to be performed inside the unit.This puts it in conflict
with the state law requiring landlord to maintain habitable conditions for residential tenants.As
the State law will prevail over ordinance ‘substantial rehabilitation’as written may be impossible
to exercise.
Moreover repairs incompatible with tenancy may be required outside of the unit,and may
involve other units,foundation,roof,complete rebuilding of common areas with changing water,
sewer &electrical lines.The Just Cause doesn’t allow for termination of contract if areas outside
of the unit are in need of major repair.This in turn will lead to the deterioration of the available
housing stock and reduction in safety.
In all,the Just Cause ordinance sets the bar unreasonably high for the owner that wishes to do
a complete property remodel.Owners will put remodeling off.Only when some units become
uninhabitable then owners will be able to legally rehabilitate.Properties with aging and leaking
pipes,old &dangerous electrical wiring,problems with foundation,termite,dry rot and other
structural damage would be hard or impossible to fix.
3
5/23/2019 Just Cause Feedback - Google Docs
https://docs.google.com/document/d/1V1Hr8-QcWuY5sAjmJ51Z_8cYqM-rcUANB66jLxw3NbM/edit 4/5
Over the long term this will cause the number of run-down buildings in the city to proliferate.
Tenants will be forced to live in sub-optimal conditions.Safety will suffer.The added risks of
rebuilding will press down the price during sales.Neighborhoods will lose their appeal.The city
will receive lower taxes from those sales.
Landlord-tenant conflicts and effect on the market .In a free market,both landlord and
tenant benefit.The best incentive for the landlord to maintain the property is the fear that the
tenant may leave.Lost tenant means lost revenue,a lot of work and expenses for the landlord.
A rational landlord tries to avoid that.
Just Cause ordinance is specifically designed to force an owner to provide services against her
will.This disincentivizes the landlord from serving tenants.Owners will reduce efforts towards
maintaining properties and will take properties off residential rental market.Supply will shrink,
vacancy rates will fall and prices for available units will increase.
Effect on prices.The biggest concern of San Rafael tenants is the housing unaffordability and
the continuing increasing of rental prices.The reason of the increase is that supply doesn’t keep
up with the demand.Nothing in the ‘Just Cause’ordinance encourages supply nor reduces the
demand.Nothing in this ordinance has any power to prevent continuation of rising rents.Public
concern is not addressed in any meaningful way.As rental costs increase,public will
increasingly complain about ‘eviction by unaffordability’.
Price control is next .As prices will keep rising,renters will continue to lobby for stronger price
controls.The current City Council has courage to stand against price controls now.Yet the
passing of Just Cause signals that the city embraces populist solutions that harm the market
and cause the opposite of the intended effect.It will embolden interest groups to continue the
pressure on elected representatives.City council members will find it very hard to withstand this
public pressure or be re-elected while resisting it.Price controls will become inevitable either by
City’s or State’s legislative action.Those price controls will bring into being the full brunt of the
negative consequences of Rent Control summarized in my first letter to the City Council.
Reaction by owners and investors. ‘Just Cause Eviction’policies provide a loud and clear
signal.Rent control is just one step (price controls)away.Residential rental investments pay for
themselves over decades.Owners must plan ahead.The restrictions on contract termination
increase the chance of future losses to malicious tenants.Future price controls constitute
unacceptable risk for investment.Investment will decrease,reducing supply.Supply shortages
of rental units that are already present will become more severe.Prices will go up faster.Rehab
of neglected properties will diminish.All this is likely to happen even without the next step of
price controls, as it will be anticipated by the prospective owners.
Reduction of wealth and tax revenue. The increase in tenant-landlord conflict,reduced
maintenance,inability to rehab,increased homelessness and crime will reduce values of
properties for sale.Cities derive tax based on sale value.Tax revenues will drop.Expenses for
4
5/23/2019 Just Cause Feedback - Google Docs
https://docs.google.com/document/d/1V1Hr8-QcWuY5sAjmJ51Z_8cYqM-rcUANB66jLxw3NbM/edit 5/5
housing programs,enforcement of housing rules,fire prevention will go up.With lesser funding
schools will deteriorate. Our city will have less wealth.
This is not the future we want for San Rafael . I hope that you share my view. Please consider
those unintended consequences and do not implement the Just Cause Eviction ordinance.
Sincerely yours,
Victor Kunin.
May 23 2019.
5
From:Karen Rivas
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Tuesday, May 07, 2019 12:18:30 PM
Dear City Clerk Lindsay Lara,
My name is Karen, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Karen
From:Lauren Silver
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Tuesday, May 07, 2019 11:41:03 AM
Dear City Clerk Lindsay Lara,
My name is Lauren, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Lauren
From:Mardei Hernandez
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Tuesday, May 07, 2019 4:05:08 PM
Dear City Clerk Lindsay Lara,
My name is Mardei, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Mardei
From:Margeli uluac
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 8:00:16 PM
Dear City Clerk Lindsay Lara,
My name is Margeli, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Margeli
From:María Barrera
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 7:50:11 PM
Dear City Clerk Lindsay Lara,
My name is María, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
María
From:Mariana Solis
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Tuesday, May 07, 2019 8:21:51 AM
Dear City Clerk Lindsay Lara,
My name is Mariana, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Mariana
From:Melfin Aguilon
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 4:50:28 PM
Dear City Clerk Lindsay Lara,
My name is Melfin, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Melfin
From:MIchael Berringer
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Tuesday, May 07, 2019 4:21:03 AM
Dear City Clerk Lindsay Lara,
My name is MIchael, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
MIchael
From:Patricia Ascencio
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 9:35:37 PM
Dear City Clerk Lindsay Lara,
My name is Patricia Ascencio, and I am a resident of San Rafael.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Patricia
From:Victoria Valenzuela
To:Lindsay Lara
Subject:We urge the City of San Rafael to enact tenant protections
Date:Monday, May 06, 2019 11:13:45 PM
Dear City Clerk Lindsay Lara,
My name is victoria and I am a resident of San Rafael CA.
We urge the city to enact renter protection policies— as most other Bay Area communities
have, including the City of Fairfax and Marin County, because strengthening tenants’ rights
will have a long-term stabilizing effect on our community.
1) Adopt Just Cause Eviction to ensure that landlords who do evict tenants do so only with a
good reason.
2) Adopt Mandatory Mediation to require landlords to enter into mediation with their tenants
if they increase rents more than 5 percent within a 12-month period.
3) Provide relocation assistance to tenants to offset costs to them of gentrification-driven
displacement.
To make these protections real, support legal representation for tenants facing eviction.
Gracias
Victoria