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

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Long-Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances September 6, 2022 Page 8 2 9 3 0 nominal deposit for landlords could be staggered based upon the number of units they own. Additionally, the City’s ordinances currently place the decision-making responsibility for fair return petitions on the City Manager or a designee. Understanding that petitions require lengthy administrative work, communication with landlords and tenants, as well as processing time, staff will determine the most efficient use of time and resources for reviewing each type of petition. In their research of Sample Jurisdictions, RSG found that the decision-makers for petitions and appeals most commonly range from internal hearing officers, to contracted hearing officers/examiners, or the Rental Housing Board. 9. Create a Mediation Process Mediation is defined as “a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement.” Mediation differs from the conventional adversarial legal process by focusing on mutual agreement instead of trying to fight and argue against the other party in court. RSG found that mediation is beneficial as a supplement to RSO and JCEO programs in that: •Mediation generally lasts a shorter amount of time than a trial; •Mediation can be confidential such that nothing that is said during mediation can be used in court if mediation fails; and •Mediation is generally more cost-effective and reduces the number of hearings. For example, the City of Santa Monica provides voluntary mediation for rent decrease petitions, excess rent complaints, and other matters not raised by a petition. Mediation was successful during their fiscal year 2021 in which 61% of decrease petitions, 92% of construction petitions, and 92% of excess rent complaints were mediated and fully or partially resolved. Staff will develop a mediation program with contracted mediators to address landlord and tenant disputes that do not involve landlord violations. Mediation will be a public service offered to tenants and landlords as an alternative to escalating issues to the Rental Housing Board. 10.Join the Rent Stabilization Consortium The Rent Stabilization Consortium is a group of representatives from California cities with rent stabilization programs. This consortium provides opportunities to discuss challenges, successes, and collaborate with other cities on the topic of rent stabilization. In their research of Sample Jurisdictions, RSG found an emphasis on the positive impact of being a member of the consortium. Staff will participate in the consortium to further opportunities for collaboration and knowledge of best practices for administering RSO and JCEO programs.