pages: CityCouncil/2016-02-16.pdf, 25
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CityCouncil | 2016-02-16 | 25 | The Community Development Director noted in the State of California, the fixed term concept is highly unusual. Councilmember Oddie stated that he feels staff got the direction wrong. Mayor Spencer stated that she agrees with the staff recommendation; two parties should be able to enter into an arms-length agreement for a set term. Councilmember Ezzy Ashcraft inquired what if a tenant wants an evergreen lease. Mayor Spencer responded most tenants want a long term lease, which becomes month- to-month then all the benefits kick in. Councilmember Ezzy Ashcraft inquired if Councilmember Oddie's concern is that all leases might become fixed term. Councilmember Oddie stated that all leases are going to be one year leases that could be terminated without cause and would not be subject to relocation benefits, which defeats the purpose of the whole exercise. Mayor Spencer stated the issue can be reviewed at some point. Councilmember Ezzy Ashcraft stated landlords prefer not to turn over units every year because there is a cost to do so; data will be collected on evictions; inquired whether the City will be able to capture the data on leases that are not renewed, to which the Assistant City Attorney responded in the negative. Mayor Spencer stated that she does not want to take away a landlord's right to offer a fixed term lease; people want said type of lease. The Assistant City Attorney stated Council could provide direction to require relocation benefits even if there is a fixed term lease. Councilmember Oddie stated the ordinance should be clarified to indicate the provision is for an evergreen clause. The Assistant City Attorney stated if there is an evergreen clause, the tenant is entitled to relocation benefits with a no cause eviction. Councilmember Ezzy Ashcraft inquired whether there is a way to ask tenants to report experiencing a one year lease or fixed term lease not being renewed. The Community Development Director responded the City could ask tenants to do so on a voluntary basis. Regular Meeting Alameda City Council 23 February 16, 2016 | CityCouncil/2016-02-16.pdf |