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Item 26 - Long-Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances
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Item 26 - Long-Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances
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8/14/2023 3:10:11 PM
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Agenda Packet
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Clerk of the Council
Item #
26
Date
9/6/2022
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Long-Term Implementation Plan for the Rent Stabilization and Just Cause Eviction <br />Ordinances <br />September 6, 2022 <br />Page 6 <br />2 <br />9 <br />3 <br />0 <br />could potentially collect approximately $6.7 million annually for a fully operating program. <br />Currently, the City’s ordinance costs over $300,000 per year and will increase to $500,000 <br />in the next fiscal year with no cost recapture. The fee study will account for the most cost- <br />effective way to implement the long-term implementation plan, including the consideration <br />of utilizing consultants. The results of the fee study will be used to establish the amount <br />of the rental registry fee to be collected from landlords and tenants (Recommendation # <br />3). <br />The Sample Jurisdictions provided information on the staffing needed to effectively <br />implement their ordinances and emphasized that staffing plans are constantly evolving <br />based on annual analysis of the rental registry fees expended and collected for <br />departmental operations since the inception of their programs. RSG’s Long-Term <br />Implementation Plan includes organizational charts for a few of the Sample Jurisdictions. <br />In order to effectively implement the Long-Term Implementation Plan, staff estimates a <br />minimum of 12 staff members would be needed upon initial program implementation. By <br />completing a fee study and analyzing annual data after program inception, the City will <br />be able to produce a financial projection of revenue, expenses, and reserves for a fully <br />operational program. <br />6. Expand Compliance Activities <br />The next four recommendations for the Long-Term Implementation Plan are important <br />activities to consider as part of the work plan (Recommendation # 4) and fee study <br />(Recommendation # 5). The City’s RSO and JCEO currently states the following if any <br />person is in violation, “It shall be unlawful for any person to violate or fail to comply with <br />any provision of the ordinance. The violation of any provision of this ordinance shall first <br />be punished through the use of an administrative citation, as provided in Santa Ana <br />Municipal Code section 1-21, et. seq., prior to prosecution as a misdemeanor infraction”. <br />Currently, there are limited resources within the City that can adjudicate a dispute over <br />tenant/landlord issues or concerns, short of the Court system, which can be time- <br />consuming and costly. Identifying how the RSO and JCEO will be monitored for <br />compliance will allow the City to more effectively uphold the provisions of the ordinances. <br />The positive impacts of the RSO and JCEO programs are directly correlated to effective <br />monitoring of compliance with the ordinances. Furthermore, some Sample Jurisdictions <br />mentioned that staffing capacity and resources were the major drivers in their ability to <br />proactively enforce violations of the ordinances. <br />An analysis of the existing best practices and programs administered by Sample <br />Jurisdictions determined that effective compliance activities include issuing notices and <br />warnings in response to complaints and reported information in the rental registry, <br />increasing staffing to issue citations and pursue criminal offenses, and contracting with a <br />mediator to improve landlord-tenant relationships, among other activities. <br />7. Create a Landlord Capital Improvement Petition and Tenant Petition <br />Generally, there are three types of petitions: 1) landlord fair return petitions, 2) landlord <br />capital improvement petitions, and 3) tenant petitions. Currently, the City’s RSO only has
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