pages: CityCouncil/2015-11-04.pdf, 21
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CityCouncil | 2015-11-04 | 21 | 501 Councilmember Oddie questioned the legality of doing so; discussed the State process; provided an example of a nuisance eviction. Vice Mayor Matarrese stated that he is proposing an ordinance for cases not covered under State law. Councilmember Oddie questioned whether the RRAC has the skill set to act as judges; stated there is a procedure in law to evict tenants for cause evictions, which is the purview of judges. Councilmember Ezzy Ashcraft stated no fault cases are when the eviction is done at no fault of the tenant; one problem is tenants are receiving 30 and 60 day notices so that landlords can increase rent, which is allowed in Alameda; Alameda does not require landlords to have a reason to vacate someone, which she would like to see. The Assistant City Attorney noted the eviction for cause could be reported to the Housing Authority for tracking but questioned the RRAC hearing eviction for cause cases; stated just cause can be set up with a formula and criteria. In response to Mayor Spencer's inquiry whether notices to terminate would not go through the RRAC, the Community Development Director stated staff is proposing keeping rent increases under the purview of the RRAC and layering on a just cause eviction and relocation processes separate from the RRAC to reduce the fear factor and allow people to feel comfortable pursuing the RRAC mediation process; staff has sufficient direction to craft the ordinances; the last question to address tonight is the proposed moratorium. In response to Councilmember Ezzy Ashcraft's inquiry, Councilmember Oddie stated that he thought the City could keep the RRAC to mediate cases under 8%. In response to Councilmember Oddie's inquiry, the Assistant City Attorney stated Council can allow the RRAC to mediate any rent increase case and also require the landlord to bring the matter to the RRAC if the increase is above a specific percent. In response to Councilmember Oddie's further inquiry, the Assistance City Attorney stated requiring a landlord to prove a need to go above a cap is rent stabilization. Following a discussion of examples and what qualifies as rent stabilization, the Community Development Director stated staff has a suggestion regarding the moratorium; the moratorium could address no cause evictions and rent increases above 8% and include a look back. Vice Mayor Matarrese stated that he would rather not include an amount in the moratorium because he fears there will be many 8% increases; he would rather have an appeal process; property owners with hardships could ask the City Council for relief. Special Meeting Alameda City Council November 4, 2015 | CityCouncil/2015-11-04.pdf |