pages: CityCouncil/2016-02-16.pdf, 22
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CityCouncil | 2016-02-16 | 22 | The Assistant City Attorney stated the form that is going to be developed will state that the information is confidential according to Evidence Code Section 1040 and Government Code Section 6255 on the grounds that the privacy interest outweighing the public right to disclosure. Mayor Spencer inquired if a challenge could be lost, to which the Assistant City Attorney responded in the affirmative. Mayor Spencer stated if a challenge is lost, the information will be made public; she would rather not have the information because she does not want to disclose it. Councilmember Ezzy Ashcraft stated the requirement is a protection for the tenant and is a way to verify requirements put in place. Mayor Spencer stated the new tenant can find out the prior rent since it is public information and can file a complaint if they are being charged over the 5% increase; having information on a vacating tenant would be okay, but not on an incoming tenant. In response to Councilmember Oddie's inquiry, the Assistant City Attorney suggested the amount of the rent for the new tenant be required. Mayor Spencer stated the new tenant would know the cost of the new rent; they would need the amount of the prior rent to compare if their rent increase is exorbitant. The Community Development Director stated the City needs to request the landlord to certify the amount of the new rent to know that they are not charging more than a 5% increase; the City could just request information on the amount of the rent increase at the time of the notice and the rent they propose to charge the new tenant. Mayor Spencer stated the new tenant could always check the information and file a complaint if the increase exceeds 5%. Councilmember Ezzy Ashcraft inquired why is there more expectation of privacy for a tenant than a homeowner or property owner. Mayor Spencer stated a property owner can put their property in a trust or take steps to protect themselves; there should be a way to protect tenants with privacy issues. The Community Development Director stated there were several emails from the public raising concerns about stalkers or domestic violence survivors. Councilmember Ezzy Ashcraft agreed said reason is a good. In response to Councilmember Ezzy Ashcraft's inquiry about protecting the old tenant, the Community Development Director stated only a copy of the notice of termination is Regular Meeting Alameda City Council 20 February 16, 2016 | CityCouncil/2016-02-16.pdf |