DATE: July 14, 2020
TO: Mayor and City Council
FROM: Deputy City Manager
SUBJECT
Residential Rent Stabilization and Tenant Protections: (1) Introduce an Ordinance Amending Chapter 12, Article 1 of the Hayward Municipal Code Relating to Residential Rent Stabilization and Tenant Protections; (2) Introduce an Ordinance Adding Chapter 12 Article 2 of the Hayward Municipal Code Related to Tenant Relocation Assistance; (3) Adopt a Resolution Authorizing Amendment to Resolution 20-060 City of Hayward Fiscal Year 2021 Master Fee Schedule to Establish an Amount of Relocation Assistance; and (4) Provide a Progress Report on Implementation of Residential Rent Stabilization and Tenant Protection Ordinance
RECOMMENDATION
Recommendation
That the Council:
1. Introduces an Ordinance (Attachment II) amending Chapter 12, Article 1 of the Hayward Municipal Code Relating to Residential Rent Stabilization and Tenant Protections;
2. Introduces an Ordinance (Attachment III) adding Chapter 12, Article 2 to the Hayward Municipal Code Relating to Tenant Relocation Assistance, and
3. Adopts a Resolution (Attachment IV) authorizing an amendment to Resolution 20-060, the resolution for the City of Hayward Fiscal Year 2021 Master Fee Schedule associated with the administration of the Ordinance governing Permanent and Temporary Relocation Assistance.
End
SUMMARY
This item provides an update on the first six months of implementation of the City’s Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and presents recommendations for amending the ordinance in order to clarify language, align with State Law, and address key policy issues identified by the Homeless Housing Task Force (HHTF) and City Council. On March 5, 2020, the HHTF received an update from staff on the implementation of the RRSO and the impact of the State’s Tenant Protection Act (TPA), which became effective on January 1, 2020, as well as discussed several recommendations for related revisions to the RRSO. The recommendations in this report reflect those reviewed and supported by the HHTF. Table 1 summarizes recommended Council actions related to rent stabilization and tenant relocation assistance.
Table 1. Recommended Action and RRSO Revisions
No. |
Recommended Council Action |
Corresponding Recommended Revision |
1. |
Introduce an Ordinance amending the RRSO (Chapter 12, Article 1 of the Hayward Municipal Code) |
Clarify language in the RRSO based on implementation experience. See Attachment V for all recommendations. |
|
|
Align RRSO with State Law by including reference to the TPA. |
|
|
Eliminate the exemption for Affordable Housing Conversion Projects from Just Cause for Eviction per recommendation by HHTF in response to Council’s direction to evaluate. |
2. |
Introduce an Ordinance adding Article 2 to Chapter 12 of the Hayward Municipal Code to create the Tenant Relocation Assistance Ordinance |
Align RRSO with State Law by providing the same permanent relocation assistance established in the TPA. |
|
|
Add Temporary Relocation Assistance for tenants temporarily displaced from their units for significant repairs related to code compliance, major remodel, or substantially damaging events, such as a fire or flood to address specific policy issues identified by Council and for evaluation by the HHTF. |
3. |
Adopt a Resolution authorizing an amendment to the City’s Master Fee Schedule to include relocation assistance payments made by landlords to tenants |
Establish the amount of relocation assistance to be provided by the landlord to comply with the Temporary Relocation Assistance Ordinance. |
ATTACHMENTS
Attachment I Staff Report
Attachment II Amendment to RRSO
Attachment III Tenant Relocation Assistance Ordinance
Attachment IV Amendment to Master Fee Schedule
Attachment V RRSO Revisions Summary
Attachment VI Tenant Protection Act Analysis
Attachment VII RRSO Marketing, Assistance, and Resources Summary
Attachment VIII Tenant Relocation Assistance Summary