pages: CityCouncil/2017-05-16.pdf, 19
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CityCouncil | 2017-05-16 | 19 | The Assistant City Attorney stated staff heard a particular concern from Council and addressed said concern. Councilmember Ezzy Ashcraft inquired whether the language would be upheld in court. The Assistant City Attorney responded staff believes the provision is not without legal risk but is defensible and will preclude the evictions from moving forward. Councilmember Ezzy Ashcraft inquired what can be done about the harassment of 470 Central Avenue tenants. The Assistant City Attorney responded staff will look into the matter and report back to Council. Councilmember Oddie inquired whether the language can read any 60 day notice that expires on or after June 6th, which would be less specific to one particular group. The Assistant City Attorney responded the 60 day notice to vacate will not expire until July 3rd; inquired what the June 6th date refers to. Councilmember Oddie stated June 6th is the second reading of the ordinance; the date would be going forward instead of backwards. The City Attorney stated the June 6th date would go back to April and add additional parties. Councilmember Oddie inquired whether language could be added to allow a tenant under a fixed-term lease to receive first right of refusal or the opportunity to take a rent increase to the RRAC. The Assistant City Attorney responded he is unaware of any law or ordinance the Council could adopt that would require the landlord to offer a new lease to a tenant whose lease has expired. Councilmember Oddie inquired whether a landlord could call any lease a temporary lease and not fall under the 5% rent increase limit or have to pay relocation. The Assistant City Attorney responded a temporary tenancy has been addressed in the amendments; landlords can enter into a one year fixed-term lease and not have to pay relocation benefits. Councilmember Oddie inquired how tenants know if a one year lease will protect them or if they are eligible for relocation fees. The Community Development Director responded the ordinance amendments make a distinction between a temporary tenancy and a fixed-term lease and contain language Regular Meeting Alameda City Council 19 May 16, 2017 | CityCouncil/2017-05-16.pdf |