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Housing Equality & Advocacy Resource Team May 5, 2020 Dianne Prado (323) 643-4430 VIA EMAIL: ecomment@santa-ana.org Dianne@heartla.org Re: Agenda Item No. 60: Support of Executive Order No. 2-2020- Rent Freeze Dear Mayor Pulido & Honorable Council Members: We write in support of the City of Santa Ana's Executive Order No. 2-2020 to freeze the rent for all tenants in the City of Santa Ana. At this time more than ever, the response to this crisis demands bold actions from our leaders. In reference to the sweeping emergency rules adopted by the Judicial Council on April 6th, Chief Justice Tani Cantil-Sakauye wrote: "We are at this point truly with no guidance in history, law, or precedent. And to say that there is no playbook is a gross understatement of the situation." As the Judicial Council did in exercising its powers over the courts, so too the City of Santa Ana must exercise its police powers to the fullest extent and take the courageous steps necessary to keep people housed during the crisis. The City has the authority under its emergency powers to freeze rents for all rental units during the emergency. The City has broad emergency powers. Governor Newsom has further expanded the scope of these powers through his Executive Order issued on March 16, 2020, in which he found that "...because homelessness can exacerbate vulnerability to COVID-19, California must take measures to preserve and increase housing security for Californians to protect public health; and ... local jurisdictions, based on their particular needs, may therefore determine that additional measures to promote housing security and stability are necessary to protect public health or to mitigate the economic impacts of COVID-19."1 As explained above, Santa Ana can use its police power to "make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws."Z This means that cities are prohibited from passing laws or regulations that contradict state law. "A local ordinance is preempted by a state statute only to the extent that the two conflict."3 The purpose of the Costa -Hawkins Rental Housing Act is to "prohibit the strictest type of rent control that sets the maximum rental rate for a unit and maintains that rate after vacancy...i4 Thus, Costa -Hawkins gives landlords the right "to impose whatever rent they 1 Cal. Exec. Order No. N-28-20 (Mar. 16, 2020), available at: Cal. Const. art. XI, See, 7 3 Rental Housing Assn. of Northern Alameda County v. City of Oakland (2009) 171 Cal.App.4th 741, 752 (citing Action Apartment Assn., Inc. v. City of Santa Monica (2007) 41 Cal. 4th 1232, 1243). 4 Mosser Companies v. San Francisco Rent Stabilization & Arbitration Dd. (2015) 233 Cal. App. 4th 505, 514. 3612 1 r° AVENUE, LOS ANOELES, CA 90018 • TEL: (323) 643-4430• W W W AEARTLA ORO Protecting People, Pets, & their Homes c��