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Local Advocacy Update
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increases during any state of emergency. We strongly oppose the proposed ballot measure and will continue to advocate for it to be rejected by the City Council.
Prior to the meeting and during the meeting’s public comment period, the Association strongly advocated against the general adjustment cap and rent registration fee increase. It is disconcerting that at this time when the City’s rental housing providers remain subject to an over two-year long local eviction moratorium and are financially struggling to maintain their buildings as operational costs continue to increase due to runaway inflationary pressures with the current inflation rate which is at 8% or more, that the Board adopted measures that will only serve to exacerbate this already challenging adverse financial situation. Due to the Board’s action, rental housing providers are being prevented from fully implementing the allowable 6% rent increases, that already fails to keep up with current ever-escalating costs of doing business, while at the same time, be required to pay registration fee increases of approximately 15%.
City of Ventura Adopts Urgency Ordinance Imposing New Restrictions on Evictions for Substantial Remodel - Effective Immediately
On May 23rd, the Ventura City Council adopted an urgency ordinance imposing additional requirements on residential rental property owners seeking to evict for a substantial remodel at their rental property that are beyond those required under State law, Assembly Bill 1482. The urgency ordinance went into effect immediately for all notices of termination based on substantial remodel issued after May 23, 2022 and applies to all properties covered by Assembly Bill 1482. Virtually all rental properties, except for single-family homes, condominiums, or any multifamily properties where a certificate of occupancy was issued less than 15-years ago are subject to Assembly Bill 1482 and, therefore, covered by the new urgency ordinance.
Under the ordinance, residential rental property owners issuing “no-fault” evictions based on substantial remodel or demolition are required to:
• Obtain all necessary permits related to the substantial remodel or demolition prior to issuing a notice of tenancy termination to substantially remodel the unit or units.
• Include copies of the permits with the tenancy termination notice and details regarding “(i) the scope of the substantial remodeling or demolition work, (ii) why it cannot be reasonably accomplished in a safe manner with the tenant in place, and (iii) why it requires the tenant to vacate for at least 30 days.”
• Provide relocation fees or a rent waiver within 15 calendar days of service of the notice, in the amount equal to 2 month of the renter’s rent that was in effect when the tenancy termination notice was given.
• Penalties: Any owner that violates the ordinance provisions would be subject to civil penalties of up to $15,000 and/or reasonable attorney’s fees and costs as determined by the Court.
We encourage members with properties in the City of Ventura to review the full details of the ordinance.
Due to our joint, strong advocacy efforts, the City Council maintained the proposed relocation fees of two-months of the renter’s actual rent verses three-months of fair market rent and removed the provision that would have made the ordinance effective retroactively. This matter has been described as a stop-gap measure pending the City’s consideration of additional renter protections in 2023. The Association will continue to monitor these issues, advocate for our members interests, and provide updates.
West Hollywood City Council Rejects Vacancy Tax Ballot Measure for the November 2022 Election
At its June 6th meeting, the West Hollywood City Council rejected placement of a commercial and/or residential vacancy tax measure on the November 2022 Ballot. Councilmembers Erickson and Horvath expressed concerns regarding the negative consequences of a vacancy tax and their opposition to moving forward with placement of such measures on the November 2022 Ballot. Instead of the proposed ballot measure, a motion was passed, by a vote of 3-2, with Councilmembers Erickson and Horvath opposing, instructing staff to monitor the results of the commercial and residential vacancy taxes in those cities that have such as taxes in place and come back to the Council with a first report by March 2023. In the interim, staff is to look at alternative solutions to encourage commercial and residential rental property owners to rent their units and any other solutions to address the City’s Air BNB crisis.
Prior to the meeting, the Association submitted a letter to the City Council in strong opposition to any vacancy tax ballot initiative. Vacancy taxes are counterproductive to economic growth and a disincentive to the creation of essential new housing. We urged the City Council to seek innovative solutions to encourage housing development and construction at every level rather than imposing another tax.
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.
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