San José
Approves Eviction Protection for Tenants
Gonzales and Cortese proposal achieves goal for
safe and stable San José neighborhoods for families
San José, CA ---- Measures to strengthen
protections for San José tenants and landlords were approved unanimously
today by the San José City Council.
The Rental Tenancy Protection Ordinance was the result of an agreement
negotiated by Councilmember Dave Cortese with representatives of both
tenants and landlords over the past several months. The ordinance defines
clearer standards for evictions and provides more mediation services to
reduce potential rental disputes and prevent evictions.
"We want San José families to be able to live in safe homes
in stable neighborhoods, and landlords should be able to continue providing
quality housing in our community," said Mayor Gonzales. "Through
the leadership of Dave Cortese and the rental community, this ordinance
will help us achieve our goal."
The new ordinance was based on discussions regarding tenant protections
that began with the Mayor's Rental Housing Task Force formed by Gonzales
last September. The task force included community leaders, tenant representatives,
housing developers, property managers, and housing advocates.
Cortese said the new ordinance balances greater protections for
tenants with the legitimate rights of landlords to manage their properties
effectively.
"It was a difficult challenge to reach an agreement that could meet
the wide range of interests in our rental community," he said. "I'm
pleased we achieved a practical result with hard work and collaboration
from leaders committed to quality of life in our neighborhoods."
The City Council approved recommendations from the Mayor's task force
in June that addressed many issues affecting rental housing in San José.
They included measures to prevent and resolve tenant/landlord disputes,
public outreach and education, ensure stable living environments for families,
and achieve greater compliance with building, health and safety codes
to make rental properties safer.
With the high cost of rental housing in San José and Silicon Valley
putting increasing pressure on many families, they often face difficult
choices such as moving to areas where housing is less expensive, especially
during a tight rental market.
Councilmember Cortese continued working with landlord and tenant
representatives over the summer to find common ground regarding eviction
protections. The proposal approved today would require landlords to offer
arbitration to tenants if landlords submit a 60-day notice without cause
as allowed by current state law.
In a slow market arbitrators would be able to grant tenants up to 90
days to move and in a hot market up to 120 days to move. In addition,
landlords can still use "no cause" notices of 90 days or 120
days depending on market conditions.
"These recommendations are testimony to the dedication from our
community to improving living conditions for working families in San José,"
said Army Dean, chief executive officer for the South Bay Labor Council.
"The process was challenging, but the outcome will provide landlords
and their tenants with the tools we need to protect stable neighborhoods
and manage properties," said Kathy Thibodeaux, chief executive officer
for the Tri-County Apartment Association. Both Dean and Thibodeaux participated
in the discussions leading to the ordinance.
The City of San José has made major commitments to create housing
for families at all income levels. Approximately 4000 new homes are built
each year in San José, and the City has changed its General Plan this
year that increased the potential for 8000 more homes.
In the current General Plan, San José has the capacity in existing
developed areas for the development of more than 40,000 more homes.
The City is also on track with its first five-year plan to create 6000
affordable homes by 2004 using approximately $300 million from redevelopment
resources, and it has committed nearly $30 million this year to develop
more affordable homes for families with the lowest incomes.
In September, the City Council extended the affordable housing plan
to 2007 and committed more than $500 million in redevelopment resources
to invest in the creation of 1200 affordable homes a year. With additional
funding from state, federal, and private lenders, the city's anticipates
investing more than $2 billion in affordable housing over the next five
years.
San José has the broadest rent control ordinance in Santa Clara
County that covers some 44,000 rental units built before 1978, and it
is committed to vigorous enforcement of health, safety, and building codes
for rental housing.
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