pages: CityCouncil/2017-05-16.pdf, 11
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CityCouncil | 2017-05-16 | 11 | notices to vacate; stated that he would like to ensure tenants who have current notices are protected. The Assistant City Attorney continued the presentation. Vice Mayor Vella inquired how the process would work for eviction notices that have already been served. The Assistant City Attorney responded if the ordinance is introduced tonight and the second reading is on June 6th, it would go into effect 30 days later; assuming a referendum petition is not filed, the ordinance would go into effect July 6th; eliminating no cause evictions after July 6th would prevent a landlord from bringing any action to recover possession or be granted possession of a rental unit based on no cause; until the ordinance goes into effect, no cause provisions would be applicable. Councilmember Oddie inquired whether there is case law regarding the matter; if a notice expires on July 3rd and the ordinance does not go into effect until July 6th, is there case law that would be an iron clad defense for tenants. The Assistant City Attorney responded in an unlawful detainer action, the landlord must prove compliance with the ordinance. Councilmember Oddie inquired whether a landlord could argue the law was not in place when the notice expired on July 3rd The Assistant City Attorney responded courts typically apply the law that is in effect at the time the court considers the decision; he is not aware of a vested right issue in the current situation. Councilmember Oddie inquired whether there is a way to bulletproof the ordinance to have any notice after June 6th become invalid; and how the City can protect tenants that were served a previous 60 day notice. The Assistant City Attorney responded there is no bulletproof method; the court would interpret the ordinance in the way he described. Councilmember Oddie stated he would like to include language in the ordinance to read: "any notices that terminate after June 6th are null and void." The Assistant City Attorney responded the Council could add the language in the ordinance; he cannot say it will be absolutely bulletproof. Vice Mayor Vella inquired how the amendment interacts with the fixed term lease provision; and whether the fixed-term lease would act as a loophole. The Assistant City Attorney responded under the current ordinance, a fixed-term lease Regular Meeting Alameda City Council 11 May 16, 2017 | CityCouncil/2017-05-16.pdf |