pages: CityCouncil/2016-02-16.pdf, 20
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CityCouncil | 2016-02-16 | 20 | Mayor Spencer stated there are differences between fixed term leases versus month-to- month; inquired whether staff is saying landlords have to offer a second year without any rent increase; stated that she feels it substantially changes the relationship and is legally challengeable; the landlord is not getting any different consideration. The Assistant City Attorney responded the landlord has to offer a lease whether or not there is a rent increase. Mayor Spencer inquired what the consideration is for the other side; stated one side cannot be asked to give something without the other getting something. The Assistant City Attorney responded the ordinance is rent review, rent stabilization and limitations on evictions; stated the Council has authority to enact the provision. Councilmember Ezzy Ashcraft stated it is an added tenant protection. Vice Mayor Matarrese inquired if a fixed term lease ending is not an eviction because the term is done and the contract is over, so relocation fees are not paid. The Community Development Director responded in the affirmative; stated a fixed term lease means there is a 12 month lease; the evergreen clause in residential rental leases in California make leases automatically go month-to-month at the end of the lease with the absence of a new lease. Councilmember Oddie stated the Council direction was to try to limit landlords from terminating tenancy at the end of a one year lease by requiring relocation benefits. Councilmember Daysog clarified that he does not think relocation benefits should be offered at the end of a lease. Mayor Spencer stated that she does not agree with there being a fixed term lease and the landlord having to offer a new lease at the end of that lease unless there is an increase in rent. Councilmember Ezzy Ashcraft inquired whether language: "at which time a rent increase is served" would be added to Subsection B. Mayor Spencer stated landlords can offer another year without a rent increase, but the City should not require landlords to offer another year for nothing. Councilmember Ezzy Ashcraft stated the same language should be used as in Subsection C. The Community Development Director stated Subsection B could be deleted and Subsection C could be changed to read any current tenant on a month-to-month or a Regular Meeting Alameda City Council 18 February 16, 2016 | CityCouncil/2016-02-16.pdf |