pages: CityCouncil/2020-04-07.pdf, 10
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CityCouncil | 2020-04-07 | 10 | Councilmember Oddie expressed support for a rent freeze; stated there are other topics to consider from various agencies; one month of rent will be easier to pay back over a six month period versus three months; rent cannot be collected that is over one year old; Berkeley has provisions related to rent increases based on original rent; that he would like to hear comments from the City Manager and City Attorney about judicial courts in California; many landlords can post items and notices. Mayor Ezzy Ashcraft inquired whether Councilmember Oddie is questioning rent collection past one year old or asking staff to look into the validity of rent being ineligible past one year. Councilmember Oddie stated the eligibility should be known; that he understands the court will not hear eviction cases. The Community Development Director stated a publication has been issued related to court cases and evictions. The City Attorney stated the Judicial Council's rule making provides for a 90-day period; the courts are not issuing summons for unlawful detainers; unlawful detainers may be all encompassing; the City Attorney's office has not had a chance to take a close look at the document; noted there will not be evictions for 90-days; the ordinance provides more protection than the Judicial Council rules; stated local protections are sufficient. Mayor Ezzy Ashcraft expressed concern about the alternative stating: direct staff to prepare a revised ordinance based on City Council direction; such direction could include: expanding the moratorium to cover evictions due to no fault of the tenant, such as a removal from the rental market, unless necessary for the health and safety of tenants, neighbors or landlords; establishing the moratorium for a specific number of days, etc.; stated it will be difficult to be out and about looking for another place to rent let alone packing and moving during the shelter in place; inquired whether Council cannot allow said types of evictions during the emergency declaration; inquired whether Council would have to legally allow the evictions and if Council could require proof that the owner move-in is due to COVID-19; expressed concern about people being evicted during the crisis. The City Attorney responded the ordinance is drafted to target protections for COVID-19 impacts; stated should Council want to expand the ordinance to preclude all evictions, staff will recommend not precluding evictions based on the Ellis Act due to State law requirements; under the Governor's Order, local jurisdictions cannot bypass Ellis Act provisions; many provisions based on owner move-in become illusory due to an owner exercising their right to an Ellis Act provision; tenants could not be evicted for quite some time based on no court summons being issued for 90 days; tenants are protected under both State and local law at this time. The following comments were read into the record by the City Clerk: Regular Meeting Alameda City Council 8 April 7, 2020 | CityCouncil/2020-04-07.pdf |