San Jose Ca.Gov
File #: 20-488    Version: 1
Type: Community & Economic Development Status: Agenda Ready
File created: 4/16/2020 In control: City Council
On agenda: 4/21/2020 Final action:
Title: Urgency Ordinance and Companion Ordinance for Temporary Rent Freeze on all new Rent Increases for Rent Stabilized Apartments and Mobile Homes.
Attachments: 1. Memorandum, 2. (a) Ordinance, 3. (a) Alternate Ordinance, 4. (b) Ordinance, 5. (b) Alternate Ordinance, 6. Letters from the Public 1 of 2, 7. Letters from the Public 2 of 2

...Title

Urgency Ordinance and Companion Ordinance for Temporary Rent Freeze on all new Rent Increases for Rent Stabilized Apartments and Mobile Homes.

...Recommendations

(a)                     Adopt an urgency ordinance that establishes a moratorium on rent increases for tenants residing in rent stabilized apartments and mobilehome owners and mobilehome residents residing in mobilehomes subject to rent control. Specifically, the ordinance would:

(1)                     Invoke the urgency provisions in the City Charter, as an emergency measure for immediate preservation of the public peace, health or safety, to temporarily prohibit the eviction of a tenant for nonpayment of rent, if that tenant meets the criteria listed in the ordinance regarding COVID-19; 

(2)                     Prohibit rent increases through December 31, 2020;

(3)                     Apply the moratorium to rent increases that went into effect on or after April 1, 2020;

(4)                     Provide that a landlord and tenant, mobilehome resident, or mobilehome owner can enter into a voluntary short-term agreement, without changing other terms of the rental contract, to temporarily reduce the rent through the term of the Ordinance, or shorter period as agreed-upon by the parties;

(5)                     Deny tenant service reduction claims related to temporary closure or elimination of recreational common area amenities to comply with County or State public health orders related to COVID-19; 

(6)        Suspend of late fees for unpaid Apartment Rent Ordinance Program fees; and

(7)                     Waive building/repair maintenance permit fees for rental properties with 20 or fewer units.

            PLEASE NOTE: APPROVAL OF THIS URGENCY ORDINANCE REQUIRES 8 OR MORE AFFIRMATIVE VOTES (2/3)

(b)                     Approve an ordinance that establishes a moratorium on rent increases for tenants residing in rent stabilized apartments and mobilehome owners and mobilehome residents residing in mobilehomes subject to rent control. Specifically, the ordinance would:

(1)                     Prohibit rent increases through December 31, 2020;

(2)                     Apply the moratorium to rent increases that went into effect on or after April 1, 2020;

(3)       Provide that a landlord and tenant, mobilehome resident, or mobilehome owner can enter into a voluntary short-term agreement, without changing other terms of the rental contract, to temporarily reduce the rent through the term of the Ordinance, or shorter period as agreed-upon

by the parties;

(4)        Deny tenant service reduction claims related to temporary closure or elimination of recreational common area amenities to comply with County or State public health orders related to COVID-19;

(5)        Suspend of late fees for unpaid Apartment Rent Ordinance Program fees; and

(6)                     Waive building/repair maintenance permit fees for rental properties with 20 or fewer units.

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Housing)

[Rules Committee referral 4/15/20 - Item A.1.a]