pages: CityCouncil/2015-11-04.pdf, 18
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CityCouncil | 2015-11-04 | 18 | 498 file instead of tenants; stated the burden would be shifted for no fault evictions; the RRAC has been successful, but has not dealt with no fault evictions. In response to Vice Mayor Matarrese's inquiry about tenants being afraid of being evicted after taking a case to the RRAC, Mayor Spencer stated that she proposes requiring the landlord to have to go to RRAC for increases above 8%. Councilmember Ezzy Ashcraft stated the decision would not be binding. Mayor Spencer stated that she would propose the decision be binding; the RRAC should be strengthened and could be more successful than rent control; she has heard the RRAC lacks teeth and her suggestion would provide teeth; she would support the decision being binding at the Council level; she understands the decision would not be binding in all cases; Councilmember Daysog's suggestion to use a relocation assistance formula could be used for the cases that cannot be binding under Costa Hawkins. The Assistant City Attorney outlined binding decisions requiring an evidentiary hearing. Councilmember Ezzy Ashcraft stated the potential for an assertion of a taking could lead to a liability which should be addressed at the Council level. Mayor Spencer stated that she is proposing the case could be appealed to Council. The Assistant City Attorney outlined a typical administrative hearing process, which is more formal. Mayor Spencer inquired whether the RRAC could be used for the first hearing, to which the Assistant City Attorney responded in the affirmative. Mayor Spencer stated requiring cases above a certain increase to go to RRAC automatically would provide data. Councilmember Ezzy Ashcraft noted data could be gathered by creating a landlord registration instead. In response to Mayor Spencer's inquiry regarding the cost to implement a registration program, the Community Development Director outlined the process to adopt a new fee; stated the fee would have to be based on the cost of administering the program. Mayor Spencer expressed concern that landlords would pass the cost of the fee onto tenants. The Community Development Director stated most cities place a cap on the amount that can be passed onto tenants. In response to Mayor Spencer's inquiry whether other Councilmembers support having Special Meeting Alameda City Council November 4, 2015 | CityCouncil/2015-11-04.pdf |