Page 44 - AAGLA-APR 2022

Local Advocacy Update
Continued from page 43
discussed establishing a tree ordinance for the purpose of creating a protected/heritage tree designation, prohibiting removal of parkway trees for driveway access, prohibiting removal of heritage trees on private property, and establishing a list of recommended and discouraged species of trees.
During the Council’s deliberations, several Council Members expressed concerns over imposing regulations on private property. Following public comment and Council discussion, the Council directed staff to draft a preliminary tree ordinance for the purpose of facilitating further discussion. Staff were instructed to include in the draft ordinance provisions related to the basis for tree removal and the areas in which such removal would be permissible, tree replacement requirements and/or fees, enforcement and fines and penalties for violations. The Council’s objective is to institute a one-to- one replacement of trees and to regulate tree removal as a means of preserving and enhancing the City’s tree canopy. It is anticipated that City Staff will return with a draft ordinance in July.
We will continue to monitor this issue, advocate for members interests and provide updates.
San Fernando to Advance Smoke-Free Housing Ordinance
At the March 7th City Council meeting, the Council reviewed a draft smoke-free housing ordinance. The proposed ordinance would apply to multi-unit housing of two or more units and distinguishes between attached and unattached multi-unit housing.
For attached multi-unit housing, smoking would be prohibited in all indoor areas including outdoor and indoor common areas with the exception of an outdoor designated area where smoking would be permitted. In detached multi-unit housing, outdoor smoking would be prohibited in common areas and private open areas such as balconies, decks, and patios; smoking would remain permissible indoors and establishment of a designated outdoor smoking area would be optional.
The draft ordinance proposes a two-stage phase-in. The first phase would occur 90 days after the effective date of the ordinance and would be applicable to newly constructed units and existing units subject to a new, amended, or renewed lease in attached multi-unit housing and in unattached multi-unit housing outdoor areas and private open areas such as balconies and patios. Property owners would be required to disclose information on the ordinance and include language as specified in the ordinance in every lease and real estate purchase agreement. Prohibited smoking would be considered a material breach of the lease agreement.
Additionally, property owners would be required to notify, in writing, renters in their building of the ordinance, provide each rental unit with a copy of the ordinance and post no-smoking signage. Phase 2 would be in effect one year after the ordinance’s effective date and would prohibit smoking in all attached multi-unit housing and require all attached multi-unit housing to have an outdoor designated smoking area. For detached multi-unit housing, outdoor designated smoking areas would be optional. The proposed ordinance includes penalties and a private right of action to enforce the ordinance provisions.
Following Council deliberation, the City Council provided staff with additional feedback and direction relative to the draft ordinance provisions. It is anticipated that an ordinance will be brought back at a later date for the Council’s consideration and potential adoption.
Santa Monica Eviction Moratorium – Update
Since 2020, the Santa Monica City Council has ratified an Executive Order establishing a local emergency, related emergency measures inclusive of an eviction moratorium and over forty supplements to the Executive Order.
On January 27, 2022, following the Los Angeles County’s Board of Supervisors action extending the Countywide eviction moratorium and rent increase freeze applicable only to Rent Stabilized units in the County’s unincorporated areas, the Santa Monica Director of Emergency Services issued the Forty-Second Supplement to the City’s Executive Order. As a procedural matter, each supplement to the Executive Order must be ratified by the City Council. The Forty-Second Supplement to the Executive Order was ratified at the March 8th City Council meeting.
The Forty-Second Supplement to the Executive Order reinstates and amends the City’s eviction moratorium which includes prohibitions on evictions for no-fault reasons, nuisance or unauthorized occupants or pets whose presence is necessitated by or related to the COVID-19 emergency, and denial of entry to the housing providers as set forth in the Order. The Order also prohibits an owner from filing an unlawful detainer action based on the removal of a unit from the rental market pursuant to the Ellis Act until sixty days following the expiration of the Order. Additionally, it sets forth the reporting requirements that housing providers must submit to the City Attorney’s Office. The Executive Order and related Eviction Moratorium will remain in place through June 30, 2022, unless extended.
This article is for informational purposes only. If you have any questions regarding your property or specific tenancies and the requirements of any local law changes described herein, please consult with an attorney.
44 APRIL 2022 • WWW.AAGLA.ORG