CITY OF RICHMOND. Stakeholder Meeting I April 2, 2015 HOUSING ELEMENT UPDATE AND JUST CAUSE EVICTION
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1 CITY OF RICHMOND Stakeholder Meeting I April 2, 2015 HOUSING ELEMENT UPDATE AND JUST CAUSE EVICTION
2 OVERVIEW Housing Element Update Overview Discussion Just Cause Eviction Policy Overview Discussion Next Steps 2
3 HOUSING ELEMENT UPDATE Lina Velasco, Senior Planner
4 WHAT IS A HOUSING ELEMENT? Part of the City s General Plan Provides housing policies and analysis Sets stage for private market development Does not build housing or provide funding 4
5 HOUSING ELEMENT SATUATORY REQUIREMENTS Defined by State law, including required components Subject to detailed statutory requirements and mandatory review (60 days) by a State Housing and Community Development (HCD) Update required every 8 years (previously 5 years) 60 day review period by State (90 days second review) Certification by May 31, 2015 For period Important to have a certified Housing Element Maintain eligibility for State and regional grants 5
6 REQUIRED COMPONENTS (GC ET SEQ) Review of previous Housing Element ( ) Update Housing Needs Assessment Inventory Resources and Constraints Facilitate public participation Revise Goals, Policies, Programs, and Quantified Objectives 6
7 REGIONAL HOUSING NEEDS ALLOCATION (RHNA) 7
8 UPDATE PROCESS Previous Housing Element ( ) part of 2030 Comprehensive General Plan Update Additional Outreach Adopted January 2013 SB2 Compliance (Emergency Shelters) - Concurrent with Housing Element Update Current Housing Element Confirm Vacant Land Inventory to meet RHNA Update Needs Assessment & Resource Constraints Public Outreach Modify goals, policies and programs 8
9 TIMELINE April 2015 HCD Review of Draft Housing Element April 23, Planning Commission Hearing May 5, City Council Hearing May 31, Certification Required by HCD to stay on 8 year cycle 9
10 DISCUSSION What City programs do you feel have been most effective in meeting the housing needs of Richmond resident? Should these programs be improved or expanded? How? Are there specific opportunities for meeting local housing needs that the Housing Element should identify/address? What do you feel are the biggest obstacles or challenges to housing development and affordability in Richmond? Do you know of examples of recent housing development, programs, or policies in other communities that would be appropriate for Richmond? Why? 10
11 JUST CAUSE EVICTION POLICY Bill Lindsay, City Manager
12 COUNCIL RESOLUTION February 17, 2015 Draft a Just Cause for Eviction Ordinance best suited to the City of Richmond Convene a working group of stakeholders Return with recommendations in 90 days with policy recommendations 12
13 CALIFORNIA STATE POLICY Costa-Hawkins exempts the following units from rent control: Housing constructed after 1995 New housing that was already exempt from a local rent control law in place before February 1, 1995 Single family homes and condominiums that are separate from the title to any other dwelling units Rental property owners must have the ability to establish their own rental rates when dwelling units change tenancy 13
14 RICHMOND S CURRENT ORDINANCE 7.105: Eviction control on residential property in foreclosure Adopted June 16, 2009 Applies to rental residential units on properties in foreclosure Specifies 12 grounds for eviction Notice requirements Relocation fee requirement may be required Prohibits retaliation and constructive eviction 14
15 12 REASONS TO EVICT UNDER CURRENT ORDINANCE 1. Failure to pay rent 2. Continued violation of tenancy 3. Infliction of substantial damage to rental unit or interference with comfort or safety of others 4. Use of unit for illegal purpose 5. Failure to renew terms or extend lease that is materially same as old lease 6. Continued refusal to allow landlord access to property 7. Individual at end of lease is an unapproved subtenant 15
16 12 REASONS TO EVICT UNDER CURRENT ORDINANCE * INDICATES RELOCATION FEE ASSISTANCE REQUIREMENT Landlord wishes to recover possession of unit for : 8. Occupancy by resident manager, self, or relative* 9. The purposes of removing the unit from the rental market per state laws* 10. Demolition of the unit or to perform work on the unit deeming it inhabitable for more than 30 days* 11. Compliance with government agency s order to vacate* 12. Compliance with contractual agreements relating to qualifications of tenancy with a governmental entity (and tenant no longer qualifies) 16
17 CASE STUDIES IN PROGRESS Berkeley San Diego San Leandro Santa Monica East Palo Alto Glendale Hayward Oakland San Francisco 17
18 COMMON ELEMENTS AMONG 4 JURISDICTIONS EXAMINED THUS FAR Legal Assistance Tenant/Landlord Mediation Condominium Conversion Ordinance 18
19 VARIATIONS AMONG JURISDICTIONS Just Cause Legislation Relocation Ordinance Rent Stabilization Rent Board 19
20 BERKELEY Existing Components (Year amended, Section in Code) Just Cause Legislation (2004, BMC ) Relocation Ordinance (2011, BMC 13.84) Rent Stabilization and Control (1980, BMC 13.76) Rent Board (1980, BMC 13.76) Legal Assistance Tenant/Landowner Mediation Condominium Conversion Ordinance Referral to local organizations Provided by Rent Stabilization Program (2008, BMC 21.28) 20
21 SANTA MONICA Existing Components (Year, Section in Code) Just Cause Legislation (2010, Article XVIII Section 1806) Relocation Ordinance (2011, SMC ) Rent Stabilization and Control (2010, Article XVIII) Rent Board (2014, Article XVIII Section 1803) Legal Assistance City funds the Legal Aid Foundation of Los Angeles Tenant/Landowner Mediation Free mediation services provided by Rent Control Board Condominium Conversion Ordinance (SMC ) 21
22 SAN DIEGO Existing Components (Year, Section in Code) Just Cause Legislation (2004, Chapter 9 Article 8 Division 7) Relocation Ordinance Exists in condominium conversion ordinance for lowincome tenants evicted for condominium conversion Rent Stabilization and Control Rent Board Legal Assistance City partially funds Legal Aid Society of San Diego Tenant/Landowner Mediation Condominium Conversion Ordinance City partially funds Legal Aid Society of San Diego (2006, ) 22
23 SAN LEANDRO Existing Components (Year, Section in Code) Just Cause Legislation Relocation Ordinance Rent Stabilization and Control Rent Board Rent Review Board (2002, Ordinance no ) Legal Assistance (administered by outside agency) Tenant/Landowner Mediation Rent Review Program (2002, Ordinance no ) Condominium Conversion Ordinance (2001, ) 23
24 DISCUSSION & NEXT STEPS Identify issues for further consideration Identify issues for further research Assess fiscal impact 24
25 NEXT STEPS 25
26 THANK YOU Bill Lindsay Richmond City Manager (510) Lina Velasco Senior Planner (510)
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