pages: CityCouncil/2016-01-05.pdf, 29
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CityCouncil | 2016-01-05 | 29 | The Assistant City Attorney stated Costa Hawkins is silent about whether or not a cap can be done on the amount a landlord can increase the rent for a new tenant. Mayor Spencer stated the landlord representative indicated Civil Code Section 1946 prevents a new tenant from being charged more than the previous tenant. The Assistant City Attorney stated there seems to be disagreement about the Civil Code section. Mayor Spencer stated the landlords made the offer; questioned why the City would not do so. The Assistant City Attorney stated the representative's application of the section is broader than what he feels comfortable with. Councilmember Daysog stated the matter should be further researched; the City's legal expert needs to feel comfortable. The Assistant City Attorney stated there are no cases on the issue; since the matter will be coming back, there can be further discussion about whether or not there needs to be a cap for new tenants. Mayor Spencer stated that she wants something. Councilmember Oddie stated there has to be something. Mayor Spencer stated preventing an increase is a deterrent; no cause evictions cannot be used to double rent for the new tenant. Vice Mayor Matarrese stated the matter is the root of the problem. The Community Development Director inquired whether Council wants to allow no cause evictions but require the rent for the new tenant to be exactly the equivalent of the existing tenant. Mayor Spencer responded the landlord representative stated rent would not be more than the prior tenant's rent. In response to Councilmember Ezzy Ashcraft's inquiry whether the amount would be the rent paid by the prior tenant plus the allowable maximum, the City Attorney stated the City does not have an allowable maximum at this point. Mayor Spencer questioned why the City would not leave the amount the same as the prior tenant. Regular Meeting Alameda City Council 29 January 5, 2016 | CityCouncil/2016-01-05.pdf |