Tenant Protection Ordinance

8/11/2019 Tenant Protection Ordinance

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OAKLAND ., V - j.^'n?-/ ; : .

14SEP18 PHM02 - - ^ ' ^

.

_ ' . * '

Approvedas

to

Formand

Legality

O KL ND

CITY

COUNCIL

D R F T

City

Attorney

ORDINANCE

No

C M S

AN

ORDINANCE PROHIBITINGVARIOUS HARASSING BEHAVIORS

BY LANDLORDS AGAINST

TENANTS

PROVIDING CIVIL AND

ADMINISTRATIVE

REMEDIES FOR

VIOLATIONS

BUT DELAYING

EFFECTIVE

DATE

OF

ADMINISTRATIVE REMEDIES UNTIL

SUFFICIENT

FUNDINGAND

REGULATIONS

A RE INPLA CE.

W H E R E A S ,

The rental housing units

in

the CityofOaklandinclude many

subject to

rent

stabilizationand somethatare not; and ,

W H E R E A S ,

The

City

of

Oakland

is interested

in

putting

forthpolicies

that

help

to maintain the

ability

of

people

inal lincome categories to

live

in ourcity;and

W H E R E A S ,

There is a

significant

demand

fo r

rental housing inOaklandleading

to

risingrents,

caused in

part

by the

spillover

ofincreasinglyexpensive housing

costs in SanFrancisco,and the increased housing

pressures

fo rresidents across a

rangeoflowerand middle income levels warrants improvedrentstabilizationand

tenant

protectionpolicies;and

W H E R E A S ,

The cities of

San Francisco,

SantaMon ica ,WestH ol lywood ,and

EastPaloAltohave each passed ordinancesprohibitingvarious forms of

harassment

by landlords and their

agents

against

tenants;

and -

W H E R E A S ,TheCity

Co uncil

findsthatreasonable regulation ofaspectso fthe

landlord-tenant relationship is necessary in order to foster constructive

communication,

maintain anadequatesupply of

a

variety

o frental

housing

options, and protect health, safety, and the general welfare

of

thepublic;and

W H E R E A S ,

This action is exemptfromthe

Cal i forniaEnvironmental

Quality

A ct ( C E Q A )under thefol lowing,each as aseparateand independent basis,

includingbut not

limited

to, thefol lowing:

C E Q A

Guidelines Section 15378

regulatory actions). Section 15061 b) 3) no

significant

environmental impact),

and Section 15183 actions consistent withthe general plan and zoning);

Now therefore the Council of the City of Oakland

does

ordain:

Section1. That the City Councilhereby

adopts

the addition ofSection8.22.600 et

seq. asA rticleV of Chapter 8.22

of

theOaklandMunicipalCode, attached as

Exhibit

A hereto, to prohibit various harassing behaviors by landlords against

tenants.


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Section2.

This

action is exempt

from

the

California

Environmental

Quality

Act

( C E Q A )under the following,each as aseparateand independent basis,

includingbut notlimitedto, the following:C E Q AGuidelineSection 15378

regulatoryactions).Section 15061 b) 3) no

significant

environmental impact),

EindSection 15183 actions consistentwiththe general plan and zoning).

Section3. Ifany section, subsection,sentence,clause orphraseo fthis Ordinance

isfor any reason held to beinvalidor unconstitutional bydecisionofany court of

competentjurisdiction,suchdecision

shall

not affect thevalidityofthe remaining

portionso fthis Chapter. The

City Council

hereby declaresthatitwouldhave

passed this Ordinance and each section, subsection, clause orphrasethereof

irrespective

o fthe factthatone or more other sections, subsections, clauses or

phrasesmay be declaredinvalidor

unconstitutional.

IN C O U N C I L , O A K L A N D , C A L IF O R N I A ,

P A S S E D

B Y T H E FO L LO W I N G V O T E :

V * '

A Y E S - B R O O K S , G A L L O , G I B S O N M C E L H A N E Y , K A LB , K A P L A N , R E ID , S C H A A Fand

P R E S I D E N T K E R N I G H A N

N O E S - ' . '

A B S E N T

- ' '

A B S T E N T I O N

- .

\

,

A T T E S T :

'

LaTonda

S i m m o n s

CityClerl


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14

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8 22 600 Tenant

Protection

Ordinance

This

ord inan ce shal l be known a s the Tenant P rotect ion Ordinan ce ( TP O ) .

8 22 610 FindingsandPurpose

A.

Thereisa very s igni f ican t deman dforrental h ous inginO ak land leadingtorising

rents , caused

in

part

by the spillover

of

increasingly expensive hous ing cos ts

in

S a n

F ran c i s co .

B. RentsinO aklan d increased 1 2%in2012 and 15% in 2013 (S ource: Ea st Ba y

Express ,

February 12-18 , 2014, Th e

R ise

of the New Land Lords, sourcing

O a k l a n d Department

of

Hous ing and Com mun ity Development). A s noted by

a

February 8, 2014 Oakland Tribune art ic le( High prices sen ding B ay Area renters

and homebuyerstooutly ing commu nities ) , S que ezed by astronomical h ome

prices and rents

that

are almost as unaffordable,a growing numberofB ay Are a

residents are pull ing up stakes and trading long commutes

for

cheaper hous ing.

C.

Accord ingtoO akland Departmentof Housing and Community Development

citing

to

Zillow

R e a l

Es tateR e s e a rc h , the estimatedrentfor a l l homes

in

O a k l a n d

for June 2014 ($2,124)

is

nearly 11% higher than

that

for the same month last

year ($1,918), and rents ha ve r isen every month except for one s ince Janu ary

2013 (18 months

total).

If current patterns persist, the estimated

rent

forall

homes

in

June 2015will be $2,386. By compa rison , the est ima ted medianrent

for a l l O ak land homesforJ u ne 2 012 wa s $ 1 ,818 ,a3 1% i nc re as einonly36

months.

D. O n S eptember 12, 2014, the S an Fra nc isco E xaminer reportedthat S a n

Franc isco and Oakland have the dist inct ion

of

having some

of

the h ighest rental

rate increases in the nation for the month of August,

with

O ak land 's rents

increasing 14.4% since last year, according

to

data collected by Trulia.

E . The r is ing market demand

for

rental hous ing

in

O ak land icreates an incentive

for

som e landlordstoengageinharass ing behavior or fai lto make repairsto

pressure existing tenantsin

rent

controlled unitstomove s o

that

rents canbe

ra ised. Existing remedies, such as petit ioning the Rent Adjustment Program

to

restore

a

rental rate or order repairs,

or

employing an attorney

at

great co st tofile

a

lawsuittoenforce state laworleas e provisions , are ins ufficient deterrentsto

engaging in the i l legal conduct in the

first

place.

F. The imbalance between supply and demand creates an imbalanc e

of

bargaining

power between landlords and tenants, which has resulted

in

many tenan ts ,

especial ly

thosenot in

rent

controlled units, being unwillingoruna bletoa sser t

their legal rights, which is detrimental

to

the health, safety and general welfare

of

O a k l a n d

because the stabil i ty, security and qualityof housing opportunities are

reduced.

G . The Rent Adjustment Program office of the City

of

Oakland has conservat ively

estimated receiving 100to200 complaints ea ch monthfrom tenants claiming


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Counc i lmember

Dan Kalb - Tenant Protection Ordinance - 2

landlord harassment, many of which are completely outside the jurisdiction of the

Rent

Adjustment Program.

H.

Num erous press articles have reported on the rise of tenant harassm ent

throughout

the Bay

Area.

I. Data

from

organ izations providing serv ices to low-income renters in O ak lan d,

including East Bay Comm unity Law Center and Cen tre Legal de la

Raza,

indicate

that

some of their clients live in housing

with

habitability problems and

experience landlord harassment.

A

majority

of Oakland residents are renters. The rental housing units in the City

of Oakland include many subject to

rent

stabilization and some

that

are not. The

cities of San Fran cisco, San taMonica,West Hollywood, and East

Palo

Alto have

each passed ordinances prohibiting various forms of harassment by landlords

and their agents against tenants.

K. The City Co uncil of Oakland recognizes

that

displacement of tenants is a major

conce rn and is interested inputting

forth

policies

that

help to maintain the ability

of people in all income categories to live in our city. The increased housing

pressures

for residents across a range of lower and middle income levels

warrants improved

rent

stabilization a nd tenant p rotection policies. Th e C ity

Counci l

finds

that

reaso nab le regulation of asp ects of the landlord-tenant

relationship is nec ess ary in order to foster constructive com mu nication, maintain

an adequa te supp ly of a variety of rental hous ing options, and protect health,

safety, and the g enera l welfare of the p ublic.

L. The purpose of this policy is to deter ha rassing behav ior by landlords, to

encourage landlords to follow the law and uphold their responsibility to provide

habitable rental properties, and to give tenants legal recourse in instances where

they are subjected to harassing behavior by landlords.

8 22 620 Definitions

Own er has the sam e meaning as in the Just

Cause

for Eviction Ordinance

(O.M.C.

8.22.340).

Owner of

Record

has the sam e meaning a s in the Just

Cause

for Eviction

Ordinance (O.M.C.

8.22.340).

Rent

has the s am e meaning as in the Just

Cause


(O.M.C.

8.22.340).

Rent

Boa rd has the sam e meaning as in the Just

Cause


(O.M.C.

8.22.340).

Rental

Agreem ent has the sa me meaning as in the Just

Cause

for Eviction

Ordinance (O.M.C.

8.22.340).

Rental

Unit has the same mean ing as in the Just

Cause


(O.M.C.

8.22.340).


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Councilmember

Dan Kalb

- Tenant ProtectionOrdinance- 3

Tenant has the sam e me aning as in the Just

Cause

for

Eviction Ordinan ce

(O.M.C.

8.22.340).

SkilledN ursing Facili ty has the sam e meaning as in the Just

Cause

for

Eviction

Ordinance (O .M.C.

8.22.340).

He alth Facil i ty has the sam e meaning as in the Just

Cause

for

E viction

Ordinance (O.M.C. 8.22.340).

8 22 630

Applicability

ndExemptions

A . The T P O shal l applytoall Re ntal Units where thereis aRe ntal Agreement

between an Owner and one

or

more Tenan ts, unless exem pted herein. The application

of the T P O includes units

that

may not be covered under the R ent Adjustment

Ordinance (O.M.C.

8.22.100,etseq.) or the Just

Cause

forEviction Ordinan ce

(O.M.C.

8.22.300,

et

seq.)

B. Exemptions.

1. Limited exem ptionfor

nonprofit

owned rental housing. An y Rental

Unit ownedby acorporation or organization exempt pursuant to United States

Internal

Revenue

Code

5 1

c) 3)

orany

successor

legislation exempting

charitable organizations

from

federal income tax shall have

a

limited exem ption

fromtheT P O and may be subject to administrative enforcement only, andnot

subject to civil enforcement.

2.

Re ntal Unitsinany H ospital, Skil led Nursing Facili ty,orHealth

Facility.

3.

Re ntal Unitsin anonprofitfacility

that

has the primary purpos eof

providing short

term treatment,assistance,

or therapyfor

alcohol,

drug, or other

substanceabu se and the hou sing

is

provided incident

to

the recovery program,

and where the client has been informed in

writing

ofthe tempo rary or tran sitional

nature of the housing

at its

inception an d

is

l icensed

for

such purpose where

such licenseisrequired.

4. Ren tal Units in

a

nonprofit facility w hich provides a structured living

environment that has the primary purpose

of

helping hom eless persons o btain

the skills necessary for independent living

in

permanent housing and where

occupancyisrestrictedto alimited and specific period of time of not m ore than

twenty-four 24) months and where the client has been informed in writing of the

temporary or transitional nature of the housingatits incep tion andislicense d for

such purpose where su ch licenseisrequired. ^

5. Re ntal Units exem ptedfromPa rt 4, Title 4 , C hap ter 2ofthe

California Civil Code

(CCC)by C CC 1940(b) (transient occupancyin

hotels/motels).

6. Arental

unit

inaresidential property

that

isdivided

into

amaximum

of three units, one

of

which

is

occupied by the owner

of

record as his

or

her

principal reside nce for a periodofno

less

than twelve (12) m onths. Fo r purp ose s

of this se ction , thetermowner

of

record s hall

not

include any person who claims

ahomeowner's property tax exemption on any other real property inthe Stateof

California.

8 22 640

TenantHarassment

A. No Owner

or

such O wne r's agent, contractor, subcontractor,

or

em ployee,

shalldo any of the following,

in

bad faith.


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Councilmember Dan

Kalb

Tenant P rotection Ordinance - 4

1.

Interrupt,

terminate, or fai l to provide housing services required by

contract or by S tate, Cou nty or mu nicipal hou sing, health or safety law s, or

threaten to do so;

2.

Fail to perform repairs and maintenance required by contract or by

State,C oun ty or mu nicipal hous ing, health or safety laws, or threaten to do so;

3.

Fail

to exerc ise due di ligence in completing repairs a nd m aintena nc e

once

undertaken or fai l to follow appropriate industry repair, containment or

remediation protocols designed to minimize exposure to noise, dust, lead paint,

mold, as bes tos, or other bui lding ma terialswith potential ly harmful health

impacts;

4 . Ab u s e th e O wne r ' s

right

of a c c e s s into a rental housingunita s

that

right is provided by law;

5. R emo ve from the Ren tal Un it personal property, furnishings, or an y

other items without the prior

written

con sen t of the tenant, exc ept when done

pursuant to the procedure setforth in Civil Codes ect ion 1 980, et se q.

(disposition of tenant's property after termination of tenancy).

6. Inf luence or attempt to inf luence a Ten an t to vac ate a Ren tal Unit

through fraud, intimidation or

coercion,

which shall include threatening to report a

Tenant to U .S . Immigration and Cu stoms E nforcement , though

that

prohibition

shal l not be construed a s preventing comm un icat ionwith U.S . Immigrat ion an d

Customs E nforcemen t regarding an al leged violat ion;

7. M ore than on ce in s ix (6) months offer paymen ts to a Ten an t to

vacate

after the Tenant has notified the Owner in writing the Tenant no longer

wishes to receive further offers of payments to vacate;

8. Attempt to coe rce a Ten an t to vaca tewith offer(s) of payments to

vacate which are accompanied

with

threa ts or intimidation;

9. Th reaten the tenan t, by word or gestu re,with phys ical harm;

10.

S ubs tan tial ly an d directly interfere

with

a T e nant 's

right

to quiet use

an d enjoyment of a rental h ousing

unit

a s

that right

is defined by California law;

11.

Refuse to ac cept or ac kn owledge receipt of a Ten an t 's lawful rent

payment, except as such refusal may be permitted by state law after a notice to

quit h as been served on the T enan t an d the t ime period for performan ce

pursuant to the notice has expired;

12.

Refuse

to c a s h a rent check for over 30 days, except as su ch refusal

may be permitted by state law after a notice to quit ha s been s erved on the

Tena nt a nd the t ime period for performan ce pursuan t to the n ot ice has expired;

13.

Interfere with

a Tena nt 's

right

to privacy;

14. R equ est informa tionthatv iolates a tenan t 'sright to privacy, including

but not l imited to residen ce or citizens hip status or

soc ia l

sec urity num ber, except

a s

required by law or, in the

c a s e

of a social security number, for the purpose of

obtaining information for the qualifications for a tenancy, but in any event, not

release such information except as required or authorized by law;

15.

O ther repeated acts or omiss ions of su ch s igni f ica nc e as to

substantially interferewith or disturb the com fort, repos e, pea ce or quiet of an y

person lawfully entit led to occupancy of such dwell ing

unit

a nd

that

c a u s e , are

likely to c a u s e , or are intended to cause any person lawfully entit led to


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Councilmember Dan

Kalb- Tenant P rotection O rdinance - 5

oc c upa n c y of a dwell ingunitto va ca te such dw el lingunitor to surrender or wa ive

any r ights in relat ion to such occupancy;

1 6. R emoving a housing service for the purpose of ca us ing the Tena nt to

vacate

the Ren tal Un it . For

example,

taking away a parking space knowingthat

a T e nant canno tfind alternative parking and must move.

B. Retal iat ion P rohibited. Retal iat ion aga inst a Ten an t bec a us e of the

Ten an t 's exercise of rights under the

T P O

is prohibited. R etaliation claim s may only be

brought in court and may not be a ddres se d adm inistratively. A court may con sider the

protections afforded by the T P O in evaluating a claim of retaliation.

C. E vict ions . N othing in the T P O sha l l be cons trued as to prevent an O wn er

from lawfully evict ing a Tena nt pursuant to state law or Oa klan d's Jus t

C a u s e

for

Ev ic t ion Ordinance.

( O . M. C .

8.22.300, et seq.).

D. Ren t Adjustments. Nothing in the T P O sh al l be cons trued as to prevent

a n O w n e rfrom lawfully increas ing a Tena nt 'srent pursuant to state law or Oakland's

R e n t Adjus tment O rd ina nce

( O . M. C .

8.22.100, et seq.) .

E . Not ice to Ten an ts .

1 . C o mme nce me nt .

a . For Rental Units covered by the R ent Adjustment O rdinan ce the N otice

at Com men cemen t o f Tena nc y required by O . M . C . 8.22.06 sha l l include a

reference to the T P O .

b. For al l Rental Units that are not covered by the Rent Adjustment

Ordinance,O wn ers are required to provide a not ice regarding the T P O to

al l Tenants in a formpresc ribed by the Citystaff.

c. Failure to provide the notice to tenants required by this subsection may

subject the Owner to an administrative citation or civi l penalty as set out in

8.22.550B.

2 Com mo n are a . If Ren tal Un its are located in a bui ldingwith an interior

co mmo n a rea

that

al l of the bui lding's T ena nts ha ve

a c c e s s

to, the Owner must

post a not ice in at least one su ch com mon area in the bui lding via aform

prescribed by the Citystaff.

8 22 650

GeneralRemedies

A . Violat ions of the T P O .

1. V iolations of the

T P O .

V iolat ions of 8.22.640 m ay be enforced

adm inistratively or by civi l remed ies as setforth in this section or as otherwise

specifically

set out in this O . M . C Article. Before a private party mayfilea n

adm inistrative c omplaint or a civil suit al leging a violation of

8.22.640.A.2. ,

10.,

11. , or 12., an affected Tenant mustfirst notify the O wner or his or her design ed

agent in writing regarding the problem. If the problem is not correctedwithin 15

calendar days of issuing the notice, a private party may

file

a complaint or suit.

2.

In add ition to the rem edies provided in the

T P O ,

a violator is liable

for suc h costs ,expenses, and disbursements paid or incurred by the City in

aba tement and prosecution of the violat ion.

3. The remedies ava i lable in the T P O are not exclus ive an d may be

used cumulativelywith any other remedies in this chapter or at law.

B. G en er a lAdm inistrative Rem edies.


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C o u n c i lme mb e r D a n Ka lb - Te n a n t P r o te c t io n Or d in a n ce - 6

1. Adm inistrat ive Citat ion. An yon e who violates 8.22.640.A. or E may

be issued an administrative citation. Administrative citations shall be issued in

a c c or da n c ewith O .M .C Ch apter 1.12 (Administrat ive Cita t ions ), exceptthat the

cumulat ive annual

limit

sha l l be on a per

unit

ba sis rather than on a per indiv idual

parcel

or separate structure basis.

2. Administrative A ssessmen t of

Civil

P enal ties .Any o ne wh o s e

violat ion of 8.22.640.A. or E. resul ts in a Ten an t vaca t ing her/his R enta l Unit or

wh o violates the T P O after receiving three or more adm inistrative citations for

T P O violations occurring during the preceding two year period may be

administratively a s s e s s e d a civi l penalty. C ivil pena lties for violations are

a s s e s s e d i n acc o rd ance

with

O.M.C Chapter 1.08 (Administrat ive A s s e s s m e n t of

Civil

P ena lties) a s a m ajor v iolat ion under

that

Ch apter 1.08, except

that

the

cumulative l imits shall be on a perunit basis rather than on per individual parcel

or separate structure basis.

3.

T h e City Administrator sha l l designa te

staff

authorized to issue

administrative citation and civi l penalties under the

T P O .

4 . E a c h and every day or any portion of a day during which a violation

of an y provision of this ch apter is comm itted, con tinued , or permitted is a

sepa rate violat ion and sh al l be punisha ble acc ordingly. S epa rate acts or

omiss ionsthat v iolate the T P O are separate v iolat ions an d sh al l be pun ishable

accordingly.

5. Ap pea l of Administrat ive Citat ion or Civi l P ena lty.

a . A party wh o ha s received an Adm inistrative Citation or Civil

Penal ty may ap p e a lthat action to a hearing officer designated by the City

Administrator.

b. Th e ap pea l must be f iled

with

twenty-one (21) daysfrom the

date of service of the Adm inistrative Citation or Civil P ena lty. T he da te of

service is the da te of delivery if perso na lly served or five (5) da ys a fter the

date of m ail ing if s ervice is by ma il.

c . Th e decis ion of the Hea ring O ff icer sh al l be the f inal decis ion

of the City. Anyfurther review must be bywrit of administrative

ma nda mus to the S uperior Court

6. P rivate parties ma yfile an administrative complaint al leging a violation of

the T P O no later than 180 days after the complaina nt kn ew or reas ona bly shou ld

ha ve known of the underlying conduc t.

C. G eneral C iv il R emed ies .

1. E nforcem ent by Aggrieved P art ies. An aggrieved party ma y bring a

civil action for injunctive relief or

da ma g es ,

or both, for any violation of 8.22.540.

A n aggrieved party may also request

that

an administrative citation or civi l

penalty be issued by the City.

2. E nforcem ent by City Attorney. Th e City Attorney may enforce the

T P O through civil action for injunctive relief orda ma g es , or both, for when the

party against whom enforcement is sought has a pattern and practice of violating

th e T P O . Th e City Attorney ma y also request

that

an administrative citation or


9/10

C o u n c i lme mb e r D a n Ka lb - Te n a n t P r o te c t io n Or d in a n ce - 7

civi l pena lty be issu ed by the City. Th e City Attorney ha s the s ole discretion to

determine the c a s e s appropriate for enforcement by the City Attorney's Office.

D. Treble and E xemplary D am ages.

1. An y person who violates, aids , or incites an other perso n to violate

8.22.640.A or E. is l iable in a court action for ea c h and every such offense for

money damages of not less than three t imes actual damages suffered by an

agg rieved party (including da m a ges for men tal or em otional distres s), or for

minimum damages in the sum of one thousand dol lars, whichever is greater, and

whatever other relief the court deems appropriate. In the c a s e of an award of

da ma g es for mental or emotional distress, said award shall only be trebled if the

trierof fact findsthat the Owner acted in knowing violation of or in reckless

disregard of the T P O .

2. A court may awa rd punitive dam ages in a proper c a s e as set out in

Civil Code sect ion 3294 and pursuant to the standards set

forth

inthatC o d e

Sect ion

or any

s u c c e s s o r

thereto, but may not awardbothpuni tive da ma ges and

treble damages.

E . Civi l R em edies Inappl icable to Nonprofit O wn ed R ental Un its . Th e civi l

remedies provided for in this subsection are not applicable to Rental Units owned by a

corporat ion or organizat ion exempt pursuant to Un ited S tates

Internal

R e v e nu e C o d e

501

(c)(3)

or an y s u c c e s s o r legislation exempting charitable organizationsfrom federal

income tax.

F. Injunctive Rel ief Any person who commits an act, proposes to commit an

act , or enga ges in a nypatterna nd pract ice wh ich v iolates the T P O may be enjoined

therefrom by any court of competent jurisdiction. An action for injunction under this

subsection may be brought by any aggrieved person, by the City Attorney (for a pattern

an d prac t ice only), or by any person orentityw h owill fairly and adequately represent

the interest of the protected c lass.

G . Attorney's Fees a n d Costs

1. Ac tion by City Attorney. In an y adm inistrative, civi l, or sp ec ial

proceeding brought pursuant to the

T P O ,

the City may, at the

initiation

of the

proceeding, s eek an awa rd of attorney's fees. I f the C ity seek s an awa rd of

attorney's fees, the award shall be made to the prevail ing party. Provided

however,that no award may be made to a prevail ing partythat exceed s the

amount of reasonable attorney's fees incurred by the City in the action or

proceeding.

Cou rt cos ts ma y be aw arded to a prevailing party pursu an t to state

law.

2.

Ac tion by P rivate P arty. In an y civil ac tion brought pursu an t to the

T P O . ,

the prevail ing Tenant is entit led to recover the Tenant's reasonable

attorney's fees . A defendant O wner may recover reas on able attorney's fees if

the com plaint brought by the T ena nt wa s devoid ofmerit and brought in bad faith.

Court costs may be awarded to a prevail ing party pursuant to state law.

3.

Costs

of Investigation. In the event the C ity Attorney brings an

administrative, civi l , or special proceeding pursuant to the T P O , the City Attorney

may recover its costs of investigation.

8 22 660Miscellaneous

A . Regulat ions and Forms. Th e Rent Board ha s theauthority to mak e such

regulations to implement this O . M . C . 8 . 2 2 Art ic le V a s are not incons istentwiththe

T P O .

Within 90 days of the effective date of the

T P O ,

the City Administrator or his or her


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C o u n c i lme mb e r D a n Ka lb - Te n a n t P r o te c t io n O r d in a n ce - 8

designee

s ha l l develop forms to implement this sec t ion . An y ch an ges to theinitial forms

sha l lbe effectivethirty (30) days after they are made available to the public at the Rent

Adjustment Program off ices, unless the Rent Adjustment Program makes a f inding

that

a n

earlier effective date is

necessa ry.

Al l Forms required by the T P O sha l l include

tran slat ions in all group langu ages , as speci f ied for Tier

required translations in

O . M . C

Ch apter 2.30.

B.

N on- wa iverabil ity. An y provision, wh ether oral or

written,

in or pertaining to

a rental agreement whereby any provision of the

T P O

is wa ived or modified, is aga inst

public policy and void.

C.

Implementation Da te. T he adm inistrative remed ies provided in

subsect ion

O . M. C . 8.22.650B sha l l not be implementeduntilfunding and staff ing

sufficient to implement these remedies is in place. The City Administrator, or his or her

designee, s ha l l condu ct a fee ana lysis an d develop an implementation plan regarding

the administrative remedies program of the T P O and shall present them to the City

Counc i l

for approval no later than M arch 31 , 201 5. R equirements related to City-

provided notices shall not take effectuntilsuch n ot ices are ava i lable to the pu bl ic a nd

effective.

Tenant Protection Ordinance

Documents

Transcript of Tenant Protection Ordinance