San Jose Ca.Gov
File #: 20-510    Version: 1
Type: Community & Economic Development Status: Agenda Ready
File created: 4/22/2020 In control: City Council
On agenda: 4/28/2020 Final action:
Title: Actions Related to a Temporary Moratorium on Rent Increases for Rent Stabilized Apartments and Mobilehomes, Suspension of Late Fee Charges for Apartment Rent Ordinance Program Fees, Allow Landlords and Tenants to Enter Into Agreements to Reduce Rent, and Waiver of Building Fees for Apartment Buildings with 20 or Fewer Units.
Attachments: 1. Memorandum, 2. Supplemental Memorandum, 3. Supplemental Memorandum, 4/24/2020, 4. (a) Ordinance, 5. (a) Alternate Ordinance, 6. (b) Ordinance, 7. (b) Alternate Ordinance, 8. Presentation, 9. Memorandum from Foley, Davis, & Khamis, 4/24/2020, 10. Memorandum from Jones, 4/27/2020, 11. Memorandum from Foley, 4/28/2020, 12. Letters from the Public 1 of 4, 13. Letters from the Public 2 of 4, 14. Letters from the Public 3 of 4, 15. Letters from the Public 4 of 4
...Title
Actions Related to a Temporary Moratorium on Rent Increases for Rent Stabilized Apartments and Mobilehomes, Suspension of Late Fee Charges for Apartment Rent Ordinance Program Fees, Allow Landlords and Tenants to Enter Into Agreements to Reduce Rent, and Waiver of Building Fees for Apartment Buildings with 20 or Fewer Units.
...Recommendations
(a) Adopt an urgency ordinance that establishes a moratorium on rent increases for tenants residing in rent stabilized apartments and mobile home owners and mobile home residents residing in mobile homes 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) (a) For existing tenancies, set the monthly rent to the rent amount in effect as of March 31, 2020;
OR, ALTERNATIVELY
(3) (b) For existing tenancies, set the monthly rent to be no greater than the rent landlords charged at the time of Ordinance adoption.
(4) Provide that a landlord and tenant, mobile home resident, or mobile home 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) Suspension of late fees for unpaid Apartment Rent Ordinance Program fees; and
(7) Waive building/repair maintenance application permit fees for rental properties with 20 or fewer units.
PLEASE NOTE: APPROVAL OF THIS URGENCY ORDINANCE REQUIRES 8 OR MORE AFFIRMATI...

Click here for full text