HomeMy Public PortalAboutOrdinance 5592
Ordinance No. 5592
Ordinance of the Council of the City of Palo Alto Amending Chapter 9.68
(Rental Housing Stabilization) of in the Palo Alto Municipal Code to Reduce the
Minimum Time Period Required for Renters to Qualify for Just Cause Eviction
Protections in Palo Alto
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A.Renters represent a significant percentage of Palo Alto’s population;
B.Landlords provide a significant community service by providing rental housing in the City
of Palo Alto;
C.Palo Alto has great diversity in residential rental property and rental unit types, ranging
from single-family homes, accessory and junior accessory dwelling units, to properties
with multi-family apartment buildings containing a variety of rental units;
D.There is a need to ensure that housing is provided for people of all income levels, and
affirmatively further fair housing;
E.The Palo Alto rental market is one of the most expensive in the country, which is one
factor that can lead to potential renters being unable to afford standard rental unit move-
in costs;
F.The Palo Alto rental market is one of the most expensive in the country, which is one
factor that can lead to renters at risk of displacement;
G.The city desires to implement policies for certainty, stability, and fairness in the rental
market for renters and landlords;
H.A significant number of renters in Palo Alto are low-income and cost-burdened;
I.The State of California created eviction protections for some rental units in Palo Alto but
not others through the enactment of California Assembly Bill 1482 (2019), which currently
automatically sunsets in 2030,
J.The city is making significant investments on an ongoing basis regarding rental unit
protection, preservation, and production and will also soon need to implement the 6th
Cycle Housing Element policies and programs; and
K.On November 29, 2021, the City Council held a public meeting to discuss a variety of
renter protection measures and directed staff to draft a response to California Assembly
Bill 1482 (2019) by preparing an Eviction Reduction/Just Cause ordinance for Palo Alto to
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extend state eviction protections to properties built and receiving occupancy within the
last fifteen (15) years, but does not include rental units occupied less than a year or single
family homes not owned by a corporation or renters who live in a duplex when one unit
is owner occupied,
L.On February 9, 2023, the Human Relations Commission held a public meeting to discuss
the effectiveness of existing renter protections in Palo Alto and recommended that the
City Council adopt the extensions described by the City Council on November 29, 2021 in
addition to several other extensions,
M.On June 5, 2023, the City Council directed staff to draft an ordinance that further extends
just cause eviction protections by reducing the occupancy timeframe for Palo Alto renters
to qualify for eviction protections when compared with the timeframe outlined in
California Assembly Bill 1482 (2019),
N.On August 7, 2023, the city found that the ordinance was not in conflict with and was
more protective than California Assembly Bill 1482 (2019) in regard to the number of
rental units and rental circumstances receiving eviction protections and relocation
assistance, and, in some circumstances, in regard to the Tenant Relocation Assistance
(TRA) dollar amount required if a tenant received a no-fault just cause eviction, and
because the ordinance is permanent and does not contain the California Assembly Bill
1482 (2019) automatic sunset in 2030,
O.On June 5, 2023, the City Council directed staff to draft an ordinance that further
extends just cause eviction protections by reducing the occupancy timeframe for Palo
Alto renters to qualify for eviction protections when compared with the timeframe
outlined in California Assembly Bill 1482 (2019),
P.The City Council finds and determines that this amendment to the ordinance codified in
Palo Alto Municipal Code Chapter 9.68 (Rental Housing Stabilization) is adopted pursuant
to the city’s authority to protect the public health, safety, and welfare.
SECTION 2. Subdivision (b) of Section 9.68.010 (Purpose) of Palo Alto Municipal Code
Chapter 9.68 (Rental Housing Stabilization) in Title 9 (Public Peace, Morals and Safety) is hereby
amended to read as follows (new text underlined and deletions struck-through):
9.68.010. Purpose.
(a)It is found and declared that there is a growing shortage of, but increasing
demand for, housing in the city of Palo Alto. Such shortage and increased
demand, coupled with increasing inflation, have placed substantial pressure on
those residents of Palo Alto seeking rental housing. This council finds that
renters are entitled to a contractual relationship with a landlord that offers some
assurance of stability and fair treatment under the terms of a written lease to
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minimize displacement of renters into a rental housing market which affords
them few and expensive options.
(b)Council further finds that the provisions of California Assembly Bill 1482 (2019),
as codified and later expanded in the Civil Code of the state of California, offers
important protections from instability and displacement to renters. The
provisions of that bill as they relate to eviction reduction are restated and
expanded below, to make the protections permanent in the city of Palo Alto, to
and extend them to renters living in qualified residential rental units that
received a certificate of occupancy within the last fifteen years, and to reduce
the minimum occupancy time period for renters to qualify for eviction
protections.
SECTION 3. Subdivision (b) and (d) of Section 9.68.040 (Just Cause Evictions Required)
of Palo Alto Municipal Code Chapter 9.68 (Rental Housing Stabilization) of Title 9 (Public Peace,
Morals and Safety) is hereby amended as follows (new text underlined and deletions struck-
through):
9.68.040. Just-cause evictions required.
(a)Applicability to residential rental units. This section shall apply to all
residential rental units, except not any of the following:
[…]
(b)Protection for renters. Notwithstanding any other law, after a renter has
continuously and lawfully occupied a residential rental unit for 12 6 months, the
landlord of the residential rental unit shall not terminate the tenancy without just
cause, which shall be stated with specificity in the written notice to terminate
tenancy. If any additional adult renters are added to the lease before an existing
renter has continuously and lawfully occupied the residential rental unit for 24 12
months, then this subdivision shall only apply if either of the following are
satisfied:
(1)All of the renters have continuously and lawfully occupied the residential
rental unit for 12 6 months or more.
(2)One or more renters have continuously and lawfully occupied the
residential rental unit for 24 12 months or more.
[…]
(d)Notice. A landlord subject to this section shall provide notice to the tenant
renter, which may take the form of a lease provision or an addendum to a lease,
and which shall include the following, in no less than 12-point type:
“California law limits the amount your rent can be increased. See Section 1947.12
of the Civil Code for more information. Local law also provides that after all of the
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tenants renters have continuously and lawfully occupied the property for 12 6
months or more or at least one of the tenants renters has continuously and
lawfully occupied the property for 24 12 months or more, a landlord must provide
a statement of cause in any notice to terminate a tenancy. See Chapter 9.68 of the
Palo Alto Municipal Code for more information.”
[…]
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 5. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment.
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SECTION 6. This ordinance shall be effective on the thirty-first day after the date of its
____________________________
Mayor
APPROVED:
____________________________
adoption.
INTRODUCED: August 7, 2023
PASSED: August 21, 2023
AYES: BURT, KOU, LAUING, LYTHCOTT-HAIMS, STONE, VEENKER
NOES: TANAKA
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
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City Manager
____________________________
Director of Planning and Development
Services
____________________________
Director of Community Services
____________________________
Director of Administrative
Services
DocuSign Envelope ID: EB444BDB-607A-44F8-BF5D-4D59388A04FC
Certificate Of Completion
Envelope Id: EB444BDB607A44F8BF5D4D59388A04FC Status: Completed
Subject: DocuSign: Ordinance 5592
Source Envelope:
Document Pages: 5 Signatures: 7 Envelope Originator:
Certificate Pages: 2 Initials: 0 Vinhloc Nguyen
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250 Hamilton Ave
Palo Alto , CA 94301
Vinhloc.Nguyen@CityofPaloAlto.org
IP Address: 199.33.32.254
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8/22/2023 9:52:40 AM
Holder: Vinhloc Nguyen
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Jennifer Fine
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Kiely Nose
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Director, Administrative Services/CFO
City of Palo Alto
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Kristen O'Kane
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Director Community Services
City of Palo Alto
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Jonathan Lait
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Interim Director Planning and Community
Environment
City of Palo Alto
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Ed Shikada
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Ed Shikada
City of Palo Alto
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Lydia Kou
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Council Member
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Mahealani Ah Yun
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Interim City Clerk
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