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File #: LB 19-016   
Section: Legislative Business Status: Agenda Ready
Meeting Body: City Council
Agenda Date: 3/5/2019 Final action:
Subject: Adoption of Emergency Ordinance Requiring Just Cause for Tenant Evictions for All Rental Units within the City
Attachments: 1. Attachment I Staff Report, 2. Attachment II Just Cause Ordinance, 3. Attachment III Amendment to the RRSO
Related files: WS 19-012, LB 19-019

DATE:      February 5, 2019

 

TO:           Mayor and City Council

 

FROM:     City Manager

 

SUBJECT                     

Title                      

 

Adoption of Emergency Ordinance Requiring Just Cause for Tenant Evictions for All Rental Units within the City                                                                                  

 

End
RECOMMENDATION

Recommendation

 

That the City Council:

 

1.                     Adopts an emergency Ordinance of the City Council of the City of Hayward requiring just cause for tenant evictions for all rental units within the City (Attachment II); and

 

2.                     Adopts an emergency Ordinance repealing Section 19 of the City of Hayward Residential Rent Stabilization Ordinance (RRSO) (Attachment III).

End

 

SUMMARY

 

On February 26, 2019, the City Council directed staff to return with an emergency ordinance to prevent no cause evictions that are likely a result of the proposed modifications to the RRSO discussed at the February 19, 2019 City Council meeting.  A Just Cause for Eviction Ordinance provides tenants a defense against no cause evictions and establishes what constitutes justified evictions.  The just causes required for eviction identified under the proposed ordinance are the same as the justifications for eviction under the RRSO.  However, the proposed emergency ordinance would extend eviction for cause protections to units that are currently exempt under the RRSO. 

 

Additionally, if the proposed Just Cause for Eviction Ordinance is adopted, Section 19 of the RRSO (Eviction for Cause) would need to be deleted to avoid conflicts. 

 

Enactment of an emergency ordinance would require at least five affirmative votes from the City Council.  If only four Council members vote for the proposed ordinance, then adoption would occur at the next City Council meeting and the ordinance would go into effect 30 days after adoption.  

 

ATTACHMENTS

Attachment I                                          Staff Report

Attachment II                                          Eviction for Cause Ordinance

Attachment III                     Amendment to the Residential Rent Stabilization Ordinance