60A - EXECUTIVE ORDERS FOR COVID-19

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In addition, the Mobilehome Residency Law (Cal. Civ. Code § 798, et seq.) restricts the ability of local governments to regulate space rents in the following ways: • Mobilehome spaces initially held out for rent after January 1, 1990 are exempt from local rent controls (see Cal Civ. Code § 798.45); • Long term leases that meet specified criteria are exempt from local rent controls (see Cal. Civ. Code § 798.17); • Specified fees must be permitted to be passed through (see Civ. Code § 798.49). We strongly encourage the City to modify or clarify its executive order similar to cities across the state that have imposed rent freezes. All other California cities (e.g. Los Angeles, Glendale, Oakland, et al.) have narrowly tailored their rent freezes on eligible housing and continue to recognize a constitutional right to a fair return. In the case of Los Angeles, the "city attorney's office... that such a sweeping ban would interfere with private contractual rights and was not likely to survive in court."' The City Attorney argued that "unless a California law known as Costa -Hawkins was suspended, the city couldn't stop rent increases in apartments that aren't covered by the Rent Stabilization Ordinance. If the city pushed forward anyway, [Assistant City Attorney] Michaelson wrote that the move would likely be enjoined by a court through a temporary restraining order." In all cases, eligible housing units are only those already subject to rent control. In contrast, the City's guidance documents do not adequately address the conflicts with state law, makes arbitrary exemptions, and provides no legal justification for the adoption of the order. 3. THE MANNER OF APPROVAL VIOLATES CITY CHARTER AND PUBLIC OVERSIGHT We contend that the rent control order is in breach of the City's Charter and the manner of approval violates the principles of good governance. While the city manager has the authority to implement emergency orders, all orders are ultimately subject to ratification by the City Council. Our concern is that policymaking is hidden from public oversight and that housing providers may be unknowingly in violation because of the absence of public deliberation. It appears that city policy has been crafted and implemented without public oversight. The City's haste has caused it to be in nonconformance with state law and in violation its own policies and procedures. Under existing city law, the city manager has the power, as the director of emergency services, to "make and issue rules, regulations, orders or directives on matters reasonably necessary to the protection of life and property as affected by such emergency".' However, that power is subject to the caveat that "provided such rules and regulations or suspensions are confirmed by the city council at the earliest practicable time" [emphasis added]. Section 700 of the Charter states, "the City Council by ordinance may assign additional functions or duties to offices, departments, or other agencies established by this charter, but shall not discontinue or assign to any other office, department, or other agency any function or duty assigned by this charter to a particular office, department, or agency." Taken together with Section 407 of the Charter, which states "the determination of all matters of policy shall be vested in the City Council." The Charter makes clear that policy making is vested with the City Council and that responsibility cannot be delegated. We respectfully request that the public process be restored and for the City abide by its own procedures. For these reasons, our coalition requests revisions to the City's Executive Order 2-2020 at the earliest possible time. We also request that the City reach out and allow housing providers to participate in discussions related to housing policy. 3 Emily Alpert Reyes, "L.A. Council Members Balk at Broader Ban on Evictions amid Coronavirus, Citing Legal Worries," Los Angeles Times, April 22, 2020, https://www.latimes.com/california/story/2020-04-22/la-city-council-balks-at-broader-ban-on- evictions-amid-coronavirus) 4 Sec. 2-402(C)(2)(5)(a)