HomeMy WebLinkAboutOrdinance 1971 (Rental Housing Dispute Resolution)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 1971
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”
is a true and correct copy of an Ordinance of said City, and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 3rd day of
June 2019; a SUMMARY of Ordinance No. 1971 was published as required by City
Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of
San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR
meeting of the City Council of said City, held on the 17th day of June 2019, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gamblin
WITNESS my hand and the official
Seal of the City of San Rafael this
18th day of June 2019
_______________
LINDSAY LARA
City Clerk
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ORDINANCE NO. 1971
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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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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The foregoing Ordinance No. 1971 was read and introduced at a Regular Meeting of the City
Council of the City of San Rafael, held on the 3rd day of June 2019 and ordered passed to print by
the following vote, to wit:
AYES: Councilmembers: Colin, McCullough & Mayor Phillips
NOES: Councilmembers: Gamblin
ABSENT: Councilmembers: Bushey
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 17th day of June 2019.
LINDSAY LARA, City Clerk