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Public Comment—Agenda Item 23 — City Council Meeting 5/6/2025 Page 2 subsidies . . ." Clearly, if residents of PSH communities are singled out by an ordinance it implies they are being treated differently based on their source of income. In addition to the possible differential treatment of PSH community residents, such an ordinance might also be considered to be venturing into the realm of so-called "crime free housing" ordinances. Such ordinances have been repeatedly challenged by the U.S. Department of Justice on the basis that they have a disparate impact or discriminatory effect on the basis of minority or disability status. By their very programmatic definition, PSH communities are those in which every assisted unit includes at least one individual who is a person with disability. California law, at Government Code Section 12955.8, specifically addresses policies or practices that have a discriminatory effect. In addition to the statutory concerns mentioned above, another reason of concern relates to the residents of PSH communities having the right to the `quiet enjoyment' of their housing. It is well established that every rental agreement has an implied covenant of quiet enjoyment, and that a landlord has a duty to uphold a tenant's quiet enjoyment, when it is within their power to do so. The implication of the proposed ordinance is that the low-income, disabled residents of PSH communities are somehow less deserving of realizing their right to quiet enjoyment of their housing. Furthermore, there are existing, well established mechanisms and remedies available to all housing providers to address the concern about illegal drug activity that appears to have motivated the request for the Council to consider directing the drafting of such an ordinance. Utilization of those mechanisms and remedies is as available to, and no more onerous for the owners of PSH communities as for any other housing provider. In light of the foregoing, our agency urges the City Council to refrain from directing the drafting of an ordinance that would require monthly City inspections of housing units in Santa Ana's Permanent Supportive Housing (PSH) communities. Thank you for your consideration of our comment on this matter. Sincerely, - Denise Y. Cato President / CEO 2021 E.4th Street,Suite 122,Santa Ana,CA 92705-3912 714.569.0823/Fax:714.835.0281 www.tairhousirogoc.oM