Pacifica

Post date: May 11, 2018 4:37:22 PM

Pacifica Rent Control Measure

Defeated on November 7, 2018

Rent Stabilization

The ballot measure to be considered by the voters in November 2017 contains exemptions from rent stabilization for certain types of housing units, which include but are not limited to:

* Single-family residences

* Accessory dwelling units (i.e. in-law units)

* Duplexes

* Condominiums

* Townhouses

* Multi-family apartment units constructed on or after February 1, 1995.

A state law known as the “Costa-Hawkins Rental Housing Act” similarly exempts certain housing units from local rent stabilization ordinances, including but not limited to:

*Units built on or after February 1, 1995; and

*Single-family residences, condominiums, and townhouses.

In summary, the ballot measure to be considered by the voters would apply only to apartments in buildings with three or more units built before February 1, 1995. The ballot measure’s exemption for single-family residences would remain in effect even if state law changes.

Just Cause for Eviction

The ballot measure to be considered by the voters in November 2017 contains Just Cause for Eviction regulations. In Pacifica, these regulations would apply only to those units subject to rent stabilization (see discussion above).

Updates

Below is a summary timeline of developments that have occurred with respect to the issue of rent stabilization and just cause eviction in Pacifica since April 2017:

Update 9/7/2017: The City Council, at its regular meeting on August 14, repealed Ordinance No. 814 which was an Interim Ordinance imposing a temporary moratorium on certain residential rent increases and requiring just cause for eviction of tenants.

Update 6/27/2017: The City Council, at its regular meeting on June 26, accepted the San Mateo County Elections Department’s certification that the referendum petition protesting adoption of Ordinance No. 814 (the Interim Ordinance establishing just cause for evictions and a moratorium on certain residential rent increases) contains the required number of signatures to require either rescission of Ordinance No. 814 or placement on a future ballot. The Council also directed staff to prepare the necessary documents to repeal and rescind Ordinance No. 814. Staff is in the process of preparing these documents which will be considered at a future City Council meeting.

Update 6/26/2017: The San Mateo County Elections Department has confirmed the referendum petition protesting adoption of Ordinance No. 814 (the Interim Ordinance establishing rent stabilization and just cause for evictions) contains the required number of signatures to permanently suspend effectiveness of the ordinance. The petition contained at least 2,490 valid signatures, which exceeded the minimum of 2,427 signatures required.

The City Council will consider what steps to take next at its regular meeting this evening. Elections Code section 9241 provides the Council two options: 1) repeal the ordinance against which the petition was filed; or, 2) submit the ordinance to the voters, with certain requirements as to when the election may occur.

Update 5/19/2017: The City Clerk has received a referendum petition protesting adoption of the Interim Ordinance establishing a temporary moratorium on certain residential rent increases and requiring just cause for tenant evictions (Ordinance No. 814). Submission of the petition suspends the effective date of the Interim Ordinance.

The referendum petition must contain the signatures of at least 10% of the City’s registered voters. The City is working diligently with San Mateo County elections officials to ascertain whether or not the petition is signed by the requisite number of voters.

If the petition is found to be sufficient, the effective date of the Interim Ordinance will remain suspended and the City Council will be required to consider whether to repeal the Interim Ordinance or submit it to the voters for final adoption.

Update 5/9/2017: On May 8, 2017 the Pacifica City Council called for a Special Election on Tuesday, November 7, 2017, and Submitting to the Electors of the City of Pacifica a proposed Ordinance entitled Pacifica Community Preservation, Rent Stabilization, and Renters’ Rights Act. Please see the attached Resolution and full text of the ballot measure.

Update 5/4/2017: Staff Report for May 8, 2017 City Council Meeting (includes resolution); PROPOSED ORDINANCE for Pacifica Community Preservation, Rent Stabilization, and Renters' Rights Act; and a PROPOSED INTERIM URGENCY ORDINANCE Establishing a Temporary Moratorium on Certain Residential Rent Increases and Requiring Just Cause for Tenant Evictions.

Update 4/26/2017: Press Release - City Council Adopts Temporary Moratorium on Rent Increases and Requires Just Cause for Tenant Evictions. Click here for full text of the INTERIM ORDINANCE Establishing Moratorium on Rent Increases and Just Cause for Evictions

Update 4/19/2017: The Pacifica Tribune edition of April 19, 2017, led with the headline “City Enacts Rent Control.” Elsewhere, the article stated the City Council had placed consideration of a rent stabilization ordinance on the November ballot. Both the headline and the statement regarding an election are erroneous. As the information below explains, the City had neither – as of publication of the newspaper – adopted a rent stabilization ordinance nor called an election. These matters continue to be under consideration by the City Council.

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