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Item 25 - Rent Stabilization and Just Cause Eviction Ordinances
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10/04/2022 Special and Regular
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Item 25 - Rent Stabilization and Just Cause Eviction Ordinances
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
25
Date
10/4/2022
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Ordinance No. NS - ____ <br />Page 33 of 46 <br /> (b) It is the intent and purpose of mediation to provide a process in which <br />mediators may assist disputants in reaching a voluntary agreement. Accordingly, except <br />as otherwise expressly provided herein, there shall be no penalty or disability, either <br />civil or criminal, for failure to participate in the mediation process, and there shall be no <br />penalty, either civil or criminal, for failure to reach agreement with a disputant in the <br />mediation process. <br /> <br />(c) Mediation is a voluntary collaborative process wherein the Landlord and <br />Tenant(s) who have a disagreement can develop options, consider alternatives, and <br />develop a consensual agreement. The role of the mediator is to facilitate open <br />communication to resolve a dispute in a non-adversarial and confidential manner. <br /> <br />(d) If the Landlord and Tenant agree to a resolution, the mediator may assist <br />the parties in preparing a written settlement agreement for the signature of the Landlord <br />and the Tenant, provided that in doing so the mediator confines the assistance to <br />stating the settlement as determined by the parties. Such agreement shall constitute a <br />legally enforceable contract. <br /> <br />(e) Should the parties fail to agree to a resolution, or the mediator determines <br />that the parties have reached an impasse, the mediator may refer the Petition back to <br />the Program Administrator to continue the Petition review process detailed in this <br />Division. <br /> <br />(f) All documents and results related to mediations and facilitations held <br />pursuant to this Article shall be kept confidential and shall be inadmissible as evidence <br />in any subsequent administrative or judicial proceeding. <br /> <br />(g) The mediator and/or program administrator shall provide documentation and <br />translation services in the language that the Owner and tenant used to negotiate the <br />terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as <br />well as English. <br /> <br /> <br />Section 8-1998.43147 – Exemptions. <br /> <br />(a) Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this <br />ordinance regulating the amount of rent that a residential real property owner may <br />charge shall not apply to the following: any residential real property that has a certificate <br />of occupancy issued after February 1, 1995 (California Civil Code section <br />1954.52(a)(1)); and, any other provisions of the Costa -Hawkins Rental Housing Act <br />addressing exemptions, as applicable. <br /> <br />(b) Pursuant to the Mobilehome Residency Law, the provisions of this <br />ordinance regulating the amount of rent that a mobilehome park owner may charge for a <br />mobilehome space shall not apply to the following: any mobilehome space subject to a <br />long term (more than one year) rental agreement (California Civil Code section 798.17); <br />EXHIBIT 2
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