TITLE
Adopt resolution authorizing Director of Development Services to submit amendments to the California Coastal Commission for its consideration and approval. (Citywide)
DISCUSSION
At the March 17,2009, City Council meeting, the City Council requested that the City Attorney's Office meet with representatives of the Apartment Association, Southern California Cities and the Legal Aid Foundation of Los Angeles in order to resolve the final remaining issue related to the adoption of the proposed Ordinance.
Due to scheduling issues, the matter was continued to April 14, 2009.
The remaining issue concerning the adoption of the Ordinance relates to Section 21.60.330 that details those situations when relocation benefits would not apply. For instance, benefits would not apply if a tenant moved from the premises voluntarily, or when the landlord can demonstrate that the unit has been vacant for at least six months prior to the application for conversion or demolition.
The original draft ordinance (presented to the Council on March 17,2009) contained a provision that made benefits inapplicable when the tenant household "moved voluntarily (which shall not include the situation where the landlord/owner has served the tenant with a notice to quit or vacate}." The Apartment Association took exception to the above parenthetical phrase arguing that its members would be precluded from evicting tenants for legitimate reasons such as the non-payment of rent, or the tenant causing a nuisance at the premises.
Legal Aid, on the other hand, felt that keeping the phrase offered an important protection to the tenants.
In an effort to resolve the impasse between the parties, the City Attorney's Office suggested language that was perceived to be a compromise that would hopefully satisfy the concerns of both the Apartment Association and Legal Aid.
The suggested language revision eliminated the parenthetical phrase altogether and substituted a new sentence that read: "No owner or the agent of an owner shall evict a tenant in order to avoid the provisions of this Chapter." This same language is found in other municipal ordinances dealing with tenant relocation issues. The language was circulated to both parties for comment. The Apartment Association was satisfied with the proposed language, but Legal Aid was not.
Given the impasse, the City Attorneys Office is recommending that the Ordinance be adopted with the provision set forth above. It is felt that this sentence protects tenants from situations where a landlord might attempt to evict in order to avoid the payment of relocation benefits. It is also fair to landlords/owners because it would still allow them to lawfully evict tenants in situations such as the nonpayment of rent, or the creation of a nuisance situation at the premises. If the landlord or tenant had a dispute as to whether or not a particular eviction was "lawful," these matters would be resolved in a court of law.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY OF LONG BEACH AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES TO SUBMIT AMENDMENTS TO THE LONG BEACH ZONING REGULATIONS TO THE CALIFORNIA COASTAL COMMISSION FOR APPROVAL
Respectfully Submitted,
ROBERT E. SHANNON, City Attorney
By
MICHAEL J. MAIS
Assistant City Attorney