Item 26 - Long-Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances

Home Browse Search

16 16 Sources: City Ordinances, May 2022; Zoom Interviews of Sample Jurisdictions conducted in May and June 2022 Program Design Recommendations Currently, the City’s RSO and JCEO Ordinance states the following if any person is in violation, “It shall be unlawful for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall first be punished through the use of an administrative citation, as provided in Santa Ana Municipal Code section 1-21, et. seq., prior to prosecution as a misdemeanor infraction, as provided in Santa Ana Municipal Code section 1-8” (Santa Ana Municipal Code section 8- 1998.8). The Sample Jurisdictions have similar provisions in their ordinances. However, the extent of actual compliance activities and the responsible party significantly varies. 6. Expand Compliance Activities – As part of the work plan prepared for Program Administration, the City should identify how the RSO and JCEO programs will be monitored for compliance. Currently, there are limited resources within the City that can adjudicate a dispute over tenant/landlord issues or concerns, short of the court system which can be time-consuming and costly. The positive impacts of the RSO and JCEO programs are directly correlated to effective monitoring of compliance with the ordinances. Some jurisdictions mentioned that staffing capacity and resources were the major drivers in the ability to proactively enforce violations of the ordinances. As part of this consideration, the City could consider hiring additional City staff for these compliance activities. An analysis of the existing best practices and programs administered by Sample Jurisdictions determined that effective compliance activities include issuing notices and warnings in response to complaints and reported information in the rental registry, increasing staffing to issue citations and pursue criminal offenses, and contracting with a mediator to improve landlord-tenant relationships, among other activities. Additionally, the RSO and JCEO compliance activities provisions could be revised to add civil actions that may be utilized by any aggrieved person to monitor compliance with the ordinances. Petitions Generally, there are three types of petitions: 1) landlord fair return petitions, 2) landlord capital improvement petitions, and 3) tenant petitions. Landlord Fair Return Petitions A landlord is entitled under the law to receive a fair return on their rental property or mobilehome park. If a landlord believes that the maximum allowable rent under the RSO does not constitute a fair return, they have the right to file a fair return petition requesting an increase greater than what the RSO provides. This is a legal requirement that applies to all RSO programs. West Hollywood Series of citations for code violations ($100 to $500) Misdemeanor upon 4th offense City Code Enforcement is primarily responsible for citations