HomeMy WebLinkAboutORD 1444 URGENCY URGENCY ORDINANCE NO. 1444
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK REGULATING RENT INCREASES AND
EVICTIONS
WHEREAS, the City of Baldwin Park believes that there is a problem in the State
and the City regarding affordable housing; and
WHEREAS, the City of Baldwin Park wishes to mitigate the problem of affordable
housing in its City; and
WHEREAS, the City of Baldwin Park is currently studying the possibility of
establishing a Rent Stabilization Ordinance in order to mitigate the affordable housing
crisis; and
WHEREAS,the City of Baldwin Park is aware that some landlords will try and spike
rents or arbitrarily evict tenants before any rent stabilization legislation can be adopted by
the City of Baldwin Park; and
WHEREAS, the City of Baldwin Park wishes to enact an ordinance that will frees
rents for 180 days and will require "just cause" for any evictions during the 180 day time
frame established herein.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
That Title XI, Chapter 128 of the Baldwin Park Municipal Code is hereby adopted as
follows:
Chapter 128, Title XI. This Urgency Ordinance shall be known as the Rent
Freeze/Eviction Ordinance of the City of Baldwin Park.
CHAPTER 128: RENT INCREASES AND EVICTIONS
General Provisions
128.01 Statement of Purpose
128.02 Definitions
128.03 Rent Freeze
128.04 Eviction
128.05 Conforming Regulations
128.06 State Law Compliance
128.07 Non-Waiverability
128.08 Remedies
128.09 Criminal Remedies
128.10 Partial Invalidity
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128.11 State Owned Property
128.12 Severability
GENERAL PROVISIONS
§ 128.01. STATEMENT OF PURPOSE
A growing shortage of decent, safe and sanitary housing units resulting in a low vacancy
rates and rapidly rising rents, exploiting this shortage, constitute a serious housing
problem affecting the lives of a substantial portion of those Baldwin Park residents who
reside in residential housing. In addition, speculation about a rent stabilization ordinance
that will limit rent increases and speculation in the purchase and sale of existing
residential housing units results in further rent increases and destabilization of the rental
market in Baldwin Park. These conditions endanger the public health and welfare of
Baldwin Park tenants, especially the poor, minorities, students, young families, and senior
citizens. The purpose of this Urgency Ordinance, therefore, is to alleviate the hardship
caused by this serious housing shortage by establishing a freeze on rents for 180 days
from September 4, 2019 and require landlords to have "just cause" before evicting tenants
during this 180 day period.
In order to accomplish this purpose, this Urgency Ordinance provides the City with means
to ensure that rents are frozen for 180 days and for 180 days landlords will need to show
"just cause" to evict a tenant. Through this Urgency Ordinance, the City exercises its
police power in order to address the serious housing problem recognized in the City.
An ordinance imposing a moratorium as of the effective date of this Urgency Ordinance
that prohibits certain residential units from rent increases in effect from the adoption of
this Urgency Ordinance and requires "just cause" for any eviction within 180 days of the
passing of this Urgency Ordinance.
The City of Baldwin Park ordains as follows:
§ 128.02 DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
RENT. Rent is any amount of money a landlord charges for the use of a property in the
City of Baldwin Park.
RENT INCREASE. Rent increase is any amount of money a landlord increases the rent
for the use of a property in the City of Baldwin Park.
EVICTION. Eviction means and refers to any tenant who is forcibly removed from a
tenancy in Baldwin Park.
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JUST CAUSE. Just Cause is the standard to evict any tenant in the City of Baldwin Park
covered by this Urgency Ordinance.
§ 128.03 RENT FREEZE. The City of Baldwin Park hereby bars any landlord from
increasing any rent for any tenant covered by this Urgency Ordinance in the City of
Baldwin Park from September 4, 2019 to March 2, 2020.
§ 128.04 EVICTION. The City of Baldwin Park hereby requires for the next 180 days
(September 4, 2019 to March 2, 2020) that all landlords to have "just cause" before
evicting any person from his or her place of residence in the City of Baldwin Park. Thus,
no landlord may terminate a residential tenancy of a tenant occupying a covered rental
unit unless the landlord can demonstrate the following:
1. The landlord served a Notice of Termination on the tenant via certified mail,
return receipt requested;
2. The landlord has not accepted and will not accept Rent or any other
consideration in return for the continued use of the Covered Rental Unit beyond
the term of the terminated tenancy in compliance with California Civil Code
sections 1945, 1946, and 1946.1;
3. The termination qualifies as a For Cause termination;
4. The landlord has submitted to the City of Baldwin Park, 14403 E. Pacific
Avenue, Baldwin Park, California 91706 via certified mail, return receipt
requested within five (5) calendar days after service on the tenant, a true and
accurate copy of the Notice of Termination, with proof of such service on the
tenant(s) attached;
5. Tenant violated a Material Rental Agreement Term as provided in subsection
3 of California Code of Civil Procedure section 1161 and did not cure such
violation within ten (10) days after receiving written notice from the landlord of
such violation;
6. Tenant has continued to refuse, after landlord has provided a written request,
reasonable access to the Covered Rental Unit by the Landlord in accordance
with California Civil Code section 1954;
7. Tenant has used the Covered Rental Unit to create a nuisance or for an illegal
purpose as provided in subsection 4 of California Code of Civil Procedure
section 1161, including:
a. Any crime committed by a tenant of a Covered Rental Unit which
involves use of a gun, a deadly weapon or serious bodily injury and for
which a police report has been filed, but not a crime that is committed
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against a person residing in the same Covered Rental Unit as the person
committing the crime;
Any threat of violent crime, which includes any statement made by a tenant, or at
his or her request, by his or her agent to any person who is on the premises that
includes the Covered Rental Unit or to the landlord, or his or her agent,
threatening the commission of a crime which will result in death or great bodily
8. For seven days after the rent is due in the rental agreement, the tenant has
failed to pay rent to which the landlord is entitled under the tenant housing
agreement and this Section.
9. The tenant has continued, after written notice to cease, to commit a material
and substantial breach of an obligation or covenant of his or her tenancy which
the landlord has not waived either expressly or impliedly through the landlord's
conduct and which the landlord is not estopped from asserting, other than the
obligation to surrender possession upon proper notice. Notwithstanding any
contrary provision in this Section, and notwithstanding any contrary provision
in the rental housing agreement, a landlord shall not take any action to
terminate a tenancy based on a tenant's sublease of the unit if the following
requirements are met:
(a) The tenant continues to reside in the rental unit.
(b) The sublease replaces a departed tenant(s) under the rental agreement on
a one-for-one basis.
(c) The landlord has unreasonably withheld the right to sublease following
written request by the tenant. If the landlord fails to respond to the tenant
in writing within fourteen (14) days of receipt of the tenant's written request,
the tenant's request shall be deemed approved by the landlord.
10.The tenant, who had a rental housing agreement which had terminated, has
refused, after written request or demand by the landlord, to execute a written
extension or renewal thereof for a further term of like duration and in such terms
as are not inconsistent with or violative of any provisions of this Ordinance and
are materially the same as in the previous agreement.
11.The tenant holding at the end of the term of the rental housing agreement is a
subtenant not approved by the landlord.
§ 128.05. CONFORMING REGULATIONS
If any portion of this Ordinance is declared invalid or unenforceable by decision of a court
of competent jurisdiction or rendered invalid or unenforceable by state or federal
legislation, the City Council shall have authority to enact replacement regulations
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consistent with the intent and purpose of the invalidated provision and applicable law.
Such replacement regulations shall supersede invalidated or unenforceable provisions of
this Ordinance to the extent necessary to resolve any inconsistency. The subject matter
of such replacement regulations shall be limited to rent control matters as enumerated in
this Ordinance.
§ 128.06 STATE LAW COMPLIANCE
In addition to complying with this Urgency Ordinance, Landlord must be in compliance
with all California State laws regarding rent control. This includes the Costa-Hawkins
rental Housing Act.
§ 128.07. NON-WAIVERABILITY
Any provision, whether oral or written in or pertaining to a rental housing agreement
whereby any provision of this Urgency Ordinance for the benefit of the tenant is waived,
shall be deemed to be against public policy and shall be void.
§ 128.08. REMEDIES
(a) Any landlord who demands, accepts, receives, or retains any increase in rent
during the 180 days freeze in this Urgency Ordinance shall be liable in a civil action
to the tenant from whom such payments are demanded, accepted, received or
retained, for reasonable attorney's fees and costs as determined by the court, plus
damages in the amount by which the payment or payments demanded, accepted,
received or retained exceeds the maximum lawful rent. A civil penalty of treble the
amount by which the payment or payments demanded, accepted, received or
retained exceeds the maximum lawful rent shall be awarded against the landlord
upon a showing that the landlord has acted willfully or with oppression, fraud or
malice. No administrative remedy need be exhausted prior to filing suit pursuant
to this subsection.
Any person convicted of a misdemeanor under the provisions of this Ordinance
shall be punished by a fine of not more than $1,000.00 or by imprisonment in the
County Jail for a period of not more than six months or both. Each violation of any
provision of this Ordinance and each day during which such violation is committed,
or continues, shall constitute a separate offense.
(b) The appropriate court in the jurisdiction in which the controlled rental unit affected
is located shall have jurisdiction over all actions brought under this Section.
§ 128.09. CRIMINAL REMEDIES
Any landlord violating this Ordinance shall be guilty of a misdemeanor. Any landlord
convicted of a misdemeanor under the provisions of this Ordinance shall be punished by
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a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the county
jail for a period not exceeding six months, or by both such fine and imprisonment.
§ 128.10. PARTIAL INVALIDITY
If any provision of this Ordinance or application thereof to any person or circumstances
is held invalid, this invalidity shall not affect other provisions or applications of this
Ordinance which can be given effect without the invalid provision or application, and to
this end the provisions of this Ordinance are declared to be severable. This Ordinance
shall be liberally construed to achieve the purposes of this Ordinance and to preserve its
validity.
§ 128.11. STATE OWNED PROPERTY
This Ordinance shall not apply to any property which is part of the State Park System or
sovereign tidelands and owned by the State of California.
§ 128.12. SEVERABILITY
If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by
any court of competent jurisdiction, that invalidity shall not affect the remaining provisions
of this Ordinance, which can be implemented without the invalid provisions, and to that
end, the provisions of this Ordinance are declared to be severable.
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First read and adopted at a regular meeting of the City Council of the City of Baldwin Park
held on the 6th day of November, 2019.
Ith
PASSED, APPROVED, and ADOPTED this day of November, 2019.
MAN U' LOZA 1 •
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that Ordinance
No. 1444 was introduced, placed upon its first reading, and duly adopted on November
6, 2019 by the following vote to wit:
AYES: COUNCIL MEMBERS: Avila, Hernandez, Garcia, Lozano, Pacheco
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
JEAN YA
CITY C RK
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