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Correspondence - #33
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Correspondence - #33
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other purposes such as inspecting a smoke detector (Health & Safety Code Sec. 13113.7(d)(2)(A)) or <br />exhibiting the dwelling to a potential tenant or purchaser (Civil Code Sec. 1954(a)(2)). <br />In addition to unreasonably interfering with owners' ability to conduct basic operations, the anti - <br />harassment provisions of the just cause ordinance appear to be a solution in search of a problem, <br />given that various state laws already prohibit the exact type of conduct the provisions are intended <br />to address. For example, Civil Code Sec. 1942.5 prohibits landlords from retaliating against tenants <br />who complain about habitability issues or exercise other legal rights. Civil Code Sec. 789.3 prohibits <br />landlords from interrupting housing services for nefarious purposes. Fair housing laws, such as <br />Government Code Sec. 12955, prohibit landlords from harassing tenants because of a wide variety <br />of personal characteristics including, but not limited to, race, religion, sex, gender identity or <br />expression, sexual orientation, and disability. California has even adopted a law (Civil Code Sec. <br />1940.35) specifically prohibiting landlords from harassing tenants by reporting the tenant's <br />immigration or citizenship status to immigration or other law enforcement authorities. <br />Exacerbating these issues is the fact that violation of any provision of the ordinance is a <br />misdemeanor. This puts rental housing providers in the impossible position of risking jail time for <br />engaging in otherwise perfectly legal activities, such as performing maintenance or exhibiting a <br />dwelling to a potential buyer. <br />CONCLUSION: CAA ENCOURAGES CITY COUNCIL TO FOCUS ON MORE <br />EFFECTIVE MEANS OF PROVIDING IMMEDIATE RELIEF AND CREDIBLE <br />HOUSING SOLUTIONS <br />The rent control and just cause ordinances are deficient in their ability to provide any substantial net <br />benefit to the community and address challenges associated with the city s housing shortage. The <br />Housing Ad Hoc has gravitated to failed policy proposals that voters have clearly rejected four <br />times. CAA encourages the City to demonstrate its leadership and focus on distributing emergency <br />rental assistance, a resource that it has now to help Santa Ana residents who are in need. <br />For these reasons, the California Apartment Association is opposed to the Housing Ad Hoc's rent <br />control and just cause ordinances. <br />Respectfully, <br />la <br />Victor Cao <br />Senior Vice President, Local Public Affairs <br />
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