City Council

27. TENANT PROTECTION ORDINANCES: ADOPTION OF AN URGENCY ORDINANCE\nIMPOSING A TEMPORARY MORATORIUM ON NO FAULT, SUBSTANTIAL\n13\n5-22-23\nREMODEL EVICTIONS FOR CERTAIN RESIDENTIAL TENANCIES IN THE CITY OF\nALHAMBRA AND FIRST READING OF A NON-URGENCY ORDINANCE REGARDING\nTHE SAME – F2M23-7, O2M23-4811, O2M23-4812\nOn January 1, 2020, the California Tenant Protection Act of 2019 (AB 1482) established\nan annual rent increase cap of five percent plus inflation or ten percent, whichever is lower.\nAB 1482 also prohibits evictions without “just cause” (as defined). However, AB 1482\ncontains numerous exceptions. One of those exceptions allows owners to evict tenants in\norder “to demolish or to substantially remodel” a rental unit. This report refers to these as\n“substantial remodel evictions.” After the tenancy is terminated, the owner can raise rent\non the newly-remodeled unit in excess of AB 1482’s rent cap. At its regular meeting on\nMay 8, 2023, the City Council heard testimony from certain tenants and tenant advocates\nabout impending renovation eviction notices. The Council directed an ordinance similar to\nthat adopted by the City of Claremont and other cities be adopted to provide the City\nadditional time to study the appropriate tenant protections for Alhambra. Staff has\nprepared temporary renovation eviction moratorium ordinances for the City Council’s\nconsideration. Staff recommends the temporary moratorium be in place for six months,\nbut the City Council can direct staff to adjust the time period, if preferred. Many types of\nresidential rental properties are exempt from AB 1482’s tenant protections and would also\nbe exempt from the proposed ordinances. If adopted as drafted, the Temporary Eviction\nMoratorium Ordinances will apply to all non-exempt residential rental units, including\nwhere a notice to vacate or to quit the rental unit has been served prior to the effective\ndate of the ordinance, but where an unlawful detainer judgment has not been issued as of\nthe effective date of the ordinance. If desired, the City Council could direct staff to modify\nthe ordinance(s) so that evictions that are already in progress are not subject to the\nordinance(s)’ new requirements. Many cities and counties (including the County of Los\nAngeles and the Cities of Los Angeles, Long Beach, South Pasadena, Claremont, and\nPomona) have adopted measures to heighten protection for tenants facing no fault\nevictions. These are issues that staff will study and can bring back to the Council for its\nconsideration during the pendency of the moratorium ordinance, if the Council adopts\nsame.\nRecommended Action: City Council, by one motion, should take the following\nactions:\n1. Declare introduced for its first reading the following urgency ordinance entitled:\nOrdinance No. O2M23-4811: An Urgency Ordinance of the City Council of the\nCity of Alhambra, California, enacted pursuant to California Government Code\nSections 36934 and 36937 and Section 48 of the Alhambra Charter\nestablishing a temporary Moratorium on certain “no fault” residential evictions\ndue to a property owner’s intent to substantially remodel the tenant’s unit in the\nCity of Alhambra\nand adopt same by a 4/5 vote of the City Council, after which such ordinance shall\ngo into effect immediately; and,\n2. Declare introduced for its first reading the following ordinance entitled:\nOrdinance No. O2M23-4812: An Uncodified Ordinance of the City Council of\nthe City of Alhambra, California establishing a temporary Moratorium on\n14\n5-22-23\ncertain “no fault” residential evictions due to a property owner’s intent to\nsubstantially remodel the tenant’s unit in the City of Alhambra\nwhich ordinance will return for a second reading and adoption at the next regular\nCity Council meeting.