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Serving Orange County Since 1965 <br /> r) <br /> OFait Hou.s i-n.g <br /> Councit of C <br /> Fostering Diversity In Housing <br /> May 5, 2025 <br /> Office of the City Clerk VIA EMAIL ONLY <br /> City of Santa Ana <br /> 20 Civic Center Plaza M-30 <br /> Santa Ana, CA 92701 <br /> RE: Public Comment— Agenda Item 23 — City Council Meeting 5/6/2025 <br /> Dear Members of the City Council: <br /> Our agency writes to express concern regarding the Council considering giving direction to City <br /> staff to draft an ordinance for Council consideration that would apparently require monthly City <br /> inspections of housing units in Santa Ana's Permanent Supportive Housing (PSH) communities. <br /> We find the possibility of such an ordinance troubling for a number of reasons. <br /> The first of these is that such inspection activity mandated by a local ordinance would be in <br /> conflict with California Civil Code Section 1954, which limits a landlord's right to enter a tenant's <br /> dwelling. That code enumerates very specific allowable reasons to enter and does not authorize <br /> a landlord to enter for the purpose of conducting a general inspection. Additionally, for context, <br /> the California legislature has spoken regarding what they believe to be the supremacy of tenants' <br /> rights under §1954. Pursuant to California Civil Code Section 1953, having any provision of a <br /> lease or rental agreement of a dwelling by which a tenant is required to agree to modify or waive <br /> any right under §1954 shall be void as contrary to public policy. <br /> The next reason of concern would be in the context of a possible violation of California fair <br /> housing law as set down in Government Code Section 12955, part of the Fair Employment and <br /> Housing Act. The basis of a claim of such a violation would be that such a proposed ordinance <br /> would subject tenants of PSH communities to differential treatment on the basis of their "source <br /> of income". Since an amendment to §12955 at subdivision (p), effective January 1, 2020, source <br /> of income is been broadly defined to include payments "to a housing owner or landlord on behalf <br /> of a tenant, including federal, state, or local public assistance, and federal, state, or local housing <br /> 2021 E.4th Street,Suite 122,Santa Ana,CA 92705-3912 714.569.0823/Fax:714.835.0281 www.tairhousirogoc.oM <br />