Title
Introduction of Ordinance Amending the Alameda Municipal Code by Amending Article XV (Rent Control, Limitations on Evictions and Relocation Payments to Certain Displaced Tenants Ordinance [Rent Ordinance]) to Implement Senate Bill 567 (State Rent Control Laws) by Adopting a Written Finding That the Just Cause Provisions of the Rent Ordinance Are More Protective Than Civil Code Section 1946.2, Clarifying the City's Authority to Enforce State Rent Control Laws, and Rephrasing the Definition of Rental Units Creating Consistency with State Law. (Rent Stabilization 20723849)
Body
To: Honorable Mayor and Members of the City Council
From: Yibin Shen, City Attorney
EXECUTIVE SUMMARY
In addition to the City of Alameda's (City) local Rent Control Laws, since January 1, 2020, state law (AB1482) has established certain rent control protections state-wide. State law has just cause provisions that are less protective of tenants' rights than the City's just cause provisions in the Rent Ordinance. State law also limits annual rent increases to no more than 5% + local CPI (CPI = inflation rate), or 10% whichever is lower, which generally permits higher rent increases than local law. One notable exception is that state law's rent increase limitations apply to rental properties built after 1995, while local law is precluded from regulating rents in such properties pursuant to the Costa-Hawkins Rental Housing Act.
State law recently has been amended (SB 567) to authorize the city attorneys of local jurisdictions to enforce state rent control laws. Prior to SB 567, no local enforcement of state law was authorized, and tenants were generally required to file private legal actions to vindicate their rights under state law.
As to state law's just-cause eviction protections, SB 567 provides that State law supplants local law, unless (i) the City's just cause provisions are consistent with State law's just cause provisions, (ii) the City's just cause provisions con...
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