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Upcoming Action Items

Rent stabilized renters and owners are invited to attend workshops in July to learn more about the most recent amendments to our program's ordinances (click here for a PDF of the flyer):

July workshops

On Tuesday, April 24, 2018, the City Council took action to amend the Ellis Act Ordinance, Tenant Protection Ordinance (TPO), and Apartment Rent Ordinance (ARO). Over the past several months, we have worked with community and stakeholders to develop recommendations for these challenging issues. The following list the results from the City Council meeting:

Amendment to the Ellis Act Ordinance
  • Re-control the greater of either 50% of new apartments built or the number of apartments removed from the market; 
  • May exempt re-control requirements if 20% of the new construction is voluntarily restricted affordable rental housing built on-site. 15% would meet the Area Median Income (AMI) levels required by the Inclusionary Ordinance and the additional 5% would be restricted to 100% AMI;  
  • Include apartments buildings with three units under the Ellis Act; and
  • Allow apartments built after 1979 to use the Ellis Act procedures to permanently remove a building from the rental market after providing 120-day notification and providing relocation services to impacted tenants; and
  • Return with proposed ordinance after analysis to extend Ellis Act to apply to duplexes.  

Amendment to the Tenant Protection Ordinance (TPO):  
  • Prohibit landlords from disclosing or threatening to disclose tenants' immigration or citizenship status to authorities for the intent of retaliation consistent with AB 291;
  • Include "criminal activity" as a separate just cause basis for eviction when a tenant is "held to answer" for a serious or violent felony committed during tenancy and within a 1,000 ft. of the premises; 
  • Include an "opportunity to cure" that would require that landlords to provide tenant households a written notice to remove the tenant who was held to answer from the apartment or from the lease agreement;
  • Require landlords to post in the common areas a notice stating that it is illegal for a landlord to disclose immigration status of a tenant; 
  • Return with proposed ordinance after analysis to require landlords to allow a right to repossession of the unit where an acquittal or dismissal of the tenant's felony charges; 
  • Return with proposed ordinance after analysis to allow victims of domestic violence who have been residing in a unit with the leaseholder who is the alleged abuser a mechanism to take over the lease; and
  • Return with proposed ordinance after analysis to extend TPO to duplexes requiring a just cause for termination of tenancy.

Amendment to the Apartment Rent Ordinance (ARO): 
  • Clarify that the pass through of utility charges to tenants are not allowed (i.e. Ratio Utility Billing System (RUBS) or other methodologies); 
  • Allow landlords with written utility contracts for water, sewer, and/or garbage in place prior to January 1, 2018 to petition for a one-time rent increase equal to the utility charges in the 2017 calendar year or limited by the 2018 Santa Clara County Housing Authority Utility Allowance rates; 
  • Allow RUBS petition to be filed from July 1, 2018 to October 31, 2018. If the landlord does not file a petition, the existing RUBS contract shall be void after October 31, 2018; and 
  • Void all verbal RUBS agreements upon the effective date of the Ordinance amendment. 

Ordinances require a first and second reading by City Council. The effective dates of the ordinances are 30 days after the second reading. The second readings for these ordinances will be occurring in the upcoming weeks. Please see the schedule of meetings and readings below. Additionally, the Council requested staff to return with additional amendments; on Tuesday, May 8, the City Council passed the second reading of the amendment to the Apartment Rent Ordinance and the Ellis Act Ordinance. 

 

Topic

Amendment Summary

1st Reading

2nd Reading

Effective Date

Ellis Act Ordinance

  • Recontrol requirements
  • Extension of coverage

April 24, 2018

May 8, 2018

June 7, 2018

Ellis Act Ordinance

  • Extension of coverage to duplexes

TBD

TBD

TBD

Tenant Protection Ordinance

  • Immigration or citizenship status
  • Opportunity to cure
  • Criminal activity as a separate cause

April 24, 2018

May 15, 2018

June 14, 2018

Tenant Protection Ordinance

  • Notice in public areas regarding immigration status
  • Right to repossession
  • Rights for victims of domestic violence
  • Extension of coverage to duplexes

TBD

TBD

TBD

Apartment Rent Ordinance

  • Prohibiting pass-through of utilities
  • Landlord petition for existing utility contracts

April 24, 2018

May 8, 2018

June 7, 2018

Apartment Rent Ordinance

  • Timeline for filing a landlord petition for utility pass through
  • Void verbal RUBS agreements

May 22, 2018

June 5, 2018

July 5, 2018

Source of Income Ordinance
  • To be discussed at Council on June 12, 2018
     

 



If you have questions, please contact Rachel VanderVeen at 408-535-8231 or .

 Date

Time

Location

Community Meeting
Thursday, August 24, 2017

6:30 –  8:30 pm

Educational Park Branch Library
1772 Educational Park Dr

Community Meeting
Thursday, August 31, 2017

2:00 - 4:00 pm

City Hall Wing Rooms

200 E. Santa Clara St

Housing & Community Development Commission
Thursday, September 14, 2017

5:45 p.m.

City Hall Wing Rooms

200 E. Santa Clara St


 Date

Time

Location

Community Meeting
Thursday, August 24, 2017

6:30 –  8:30 pm

Educational Park Branch Library
1772 Educational Park Dr

Community Meeting
Thursday, August 31, 2017

2:00 - 4:00 pm

City Hall Wing Rooms

200 E. Santa Clara St

Housing & Community Development Commission
Thursday, September 14, 2017

5:45 p.m.

City Hall Wing Rooms

200 E. Santa Clara St


 Date

Time

Location

Community Meeting
Thursday, August 24, 2017

6:30 –  8:30 pm

Educational Park Branch Library
1772 Educational Park Dr

Community Meeting
Thursday, August 31, 2017

2:00 - 4:00 pm

City Hall Wing Rooms

200 E. Santa Clara St

Housing & Community Development Commission
Thursday, September 14, 2017

5:45 p.m.

City Hall Wing Rooms

200 E. Santa Clara St


 Date Time Location
 Wednesday, January 10, 2018
 9:00—11:00 a.m.
City Hall, Wing Rm. 118
200 E Santa Clara Street
 Friday, January 19, 2018
 2:00—4:00 p.m.
City Hall, Wing Rm. 120
200 E Santa Clara Street
 Thursday, January 25, 2018
 6:30—8:30 p.m.
Cypress Community Center
403 Cypress Avenue