Rent Stabilization and Tenant Protections

To approve the staff recommendation: adopt, by reading of title only, (A) the Temporary Rent Increase Moratorium Ordinance and (B) the ordinance adding SBMC Section 26.50.100 (just cause / Ellis Act evictions); Ordinance Nos. 2026-6206 and 2026-6207.

To move the urgency ordinance for a rent moratorium on an urgency basis (adopt the Temporary Rent Increase Moratorium as an emergency ordinance).

To introduce and subsequently adopt, after reading of title only, an Ordinance Establishing a Temporary Rent Increase Moratorium During the Consideration and Potential Adoption of a Permanent Rent Stabilization Program.

To introduce and subsequently adopt, after reading of title only, an Ordinance Adding Section 26.50.100 (Additional Requirements for Just Cause Evictions for the Purpose of Permanently Removing a Unit from the Rental Market), deleting the final sentence of Section 26.50.100(B) ("All evictions must be in accordance with this Chapter and completed within one year"), and directing staff to return with an additional ordinance including the additional Ellis Act provisions not included in the current just cause ordinance, in accordance with state law.

To come back in January to consider a rent increase moratorium ordinance, including a rollback date, and fixes to the tenant protection act related to evictions, specifically Ellis Act issues and similar.

Councilmembers Sneddon/Harmon to begin the workplan on rent stabilization and come back before the end of the year.

Councilmember Santamaria/Sneddon to adopt the recommendation as made by staff; Ordinance No. 6179.

Councilmembers Sneddon/A. Gutierrez to approve the recommended action(s) adopted with the clerical amendment to delete section 26.60.07.b.2.d.ii.; Ordinance No.6139.

Sneddon/O. Gutierrez moved to introduce and adopt, by title only: (A) an Ordinance amending SBMC 26.50.010, .040, .060, .070 and adding 26.50.080 (just cause eviction), adding 26.50.055 (tenant right of first refusal to re-rent after a no-fault just cause eviction), adding 26.50.075 (occupancy following a substantial remodel), and adding Chapter 26.60 (protection of tenants from harassment) — with changes: (1) delete paragraph ii on p.10; (2) on p.11 §C, correct the second sentence to define ‘owner’ per Civil Code §1946.2(b)(2)(A)(vii)(II); (3) delete paragraph 3 on p.13; (4) delete Section 9 in its entirety; and (B) an Ordinance amending SBMC 26.40.020 and 26.40.030 (required one-year lease offers to residential tenants).

Amendment to the Relocation Assistance Payment Amount for No-Fault Just Cause Evictions [Resolution] (660.04)

Councilmembers Harmon/Sneddon to move the staff recommendation with the following amendment to Subdivision B. 2. of Section 26.50.070 of Chapter 26.50 of Title 26 of the Santa Barbara Municipal Code: "2. No-fault just cause is any of the following: [...] b. The owner seeks in good faith to recover possession to permanently withdraw the rental unit from the rental market."

Councilmembers Harmon/Sneddon to give staff direction to consider the following list of items, and to come back to Council for more direction: Language as proposed by Legal Aid in their comment letter; time extension of renovation notice; the permanent withdrawal of all units on a parcel; and the inclusion of a concept on a right to re-let.

Councilmembers O. Gutierrez/A. Gutierrez to create an Ad Hoc committee to address the housing crisis while folding the items of rent cap and rent registry to further discuss in the Ad Hoc committee.

Mayor Pro Tempore Harmon / Councilmember O. Gutierrez move forward with staff recommendation to hire consultant to conduct Rent Stabilization Economic Study and staff return with scope of word defining study. Funding to be taken from reserves, with intention funds taken from ARPA allocations, if qualified.

Councilmember Sneddon/A. Gutierrez to direct staff to go forward with Rent Stabilization study as described, including approval of the appropriation request and have staff return to Council with a proposed scope of work.

Councilmember O. Gutierrez / Mayor Murillo to provide staff direction to include preparation of a 2% plus CPI ordinance as a temporary measure, creation of a rental registry, and preparation of financial information with the added term that the information would be applicable to a long-term analysis.

Councilmembers Jordan/Friedman to introduce the ordinance, revised to add the following language to Section 26.08.050(D): "Arbitration or litigation shall be conducted at a location acceptable to all parties. If the parties cannot agree, the arbitration or litigation shall be conducted in the City of Santa Barbara."

Councilmembers A. Gutierrez/Jordan to approve the staff recommendation; Ordinance No. 5989.

Councilmembers Friedman/Sneddon to approve the recommendation; Ordinance 5984.

Councilmembers Sneddon/Harmon to approve the item as written and as the Council voted on in the last meeting.

Introduction Of Proposed Ordinance For Temporary Eviction Moratorium Ordinance: Amendments To Terminate The Operation of Ordinance No. 5943 (660.01)

Councilmembers Sneddon/Mayor Murillo to introduce the approved ordinance with the amendment to remove additional relocation assistance for special needs tenants and to introduce and adopt resolution with three months relocation assistance per unit.

Councilmembers Friedman/Harmon approve Staff recommendation and move to initiate code amendments to re-establish mobile home vacancy rent control.

Councilmembers Harmon/Jordan to approve the staff recommendation.

Councilmembers Sneddon/A. Gutierrez to make Ordinance 5941 coterminus with the extensions of the state order the Governor may put in place, using a six and twelve month payback bracket with the provision that owners and tenants could agree to shorter payback terms if they wished; with the ordinance reflecting that payments are monthly in equal amounts to lead to payback within the period; with opportunities to return to City Council with briefs on additional options as the economy reopens; with the ability to communicate by text message; including the opportunity for mediation requested by either owner or tenant to address repayment. Additionally, the City Attorney's Office is directed to establish a bilingual phone line to take questions and provide technical assistance to the public.

Councilmembers Friedman/Sneddon to approve the staff recommendation, including the amended Ordinance, and to return to Council for consideration at the May 12, 2020 Council meeting.

Councilmembers Sneddon/Harmon to have the City Attorney draft a No-Eviction Ordinance, which covers residential and commercial renters through May 31, 2020, and has a payback period of 180 days after this date, which will be presented to Council at a Special Meeting on March 24, 2020.

Councilmembers Sneddon/Murillo to conduct a nexus study with a focus on helping vulnerable populations with a goal of adopting AB 1482 and looking at possible impacts of added protections; and continue researching and monitoring the effects of AB 1482.

Councilmembers Sneddon/Friedman to approve the staff recommendation.

Councilmembers Rowse/Dominguez to remand the Ordinance back to staff and bring back the whole package at a future date.

Councilmembers Sneddon/Gutierrez to move the introduced Ordinance as it is written, with exclusions for ADU's but not duplexes, and change the burden of proof from landlords needing to provide proof that the tenants rejected a one-year lease offer, to the landlords providing the proof that the offer was made, in Section 26.40.010(C).

Councilmembers Rowse/Dominguez substitute motion to approve recommendation A including mandatory written leases, and to approve recommendation B with a modification to 10 units or 30% over a 12 month period, with relocation benefits to be first month's rent, last month's rent, and the deposit.

Councilmembers Murillo/Gutierrez to approve recommendation A, including mandatory written leases, and to direct the City Attorney to bring just cause eviction remedies to Council, going to the Ordinance Committee first. Motion included two tiers – with relocation assistance associated with just cause eviction if eviction is not for cause.