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HomeMy WebLinkAboutReso - CC - 081-2016RESOLUTION NO. 81.2016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CALLING AND GIVING NOTICE OF A MUNICIPAL ELECTION TO BE HELD NOVEMBERS, 2016 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND SUBMITTING TO THE VOTERS A QUESTION RELATING TO AN INITIATIVE PETITION; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; DIRECTING THE CITY ATTORNEY AND THE CITY CLERK TO PREPARE THE NECESSARY DOCUMENTS TO PLACE THE INITIATIVE ON THE BALLOT; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN MATEO TO CONSOLIDATE A MUNICIPAL ELECTION TO BE HELD WITH THE PRESIDENTIAL GENERAL ELECTION ON NOVEMBER 8, 2816 PURSUANT TO ELECTIONS CODE SECTION 10403 WHEREAS, on March 31, 2016, proponents of an initiative measure entitled the Burlingame Community Protection Ordinance" ('Initiative") submitted a Notice of Intent and written text of the measure and requested that a Ballot Title and Summary be prepared for the measure in order to circulate the petition', and WHEREAS, the City Attorney prepared and provided the Ballot Title and Summary on April 14, 2016, with the Ballot Title "'An ordinance to enact rent stabilization and just cause for eviction and repeal prior restrictions on the regulation of sale or rental price of real estate", and WHEREAS, on April 21, 2016 the proponentspublished their Notice of Intent, Ballot Title and Summary in the newspaper and pursuant to Elections Code Section 9207 began circulating their petition; and WHEREAS, the petition was fled with the City Clerk on July 5, 2016, and was submitted to the San Mateo County Elections Office on July 6, 2016, for signature verification; and WHEREAS, in order for the Initiative to be placed on the November 8. 2016 Presidential General Election ballot, proponents needed to dolled valid signatures of at least fifteen percent (15%) of the registered voters In the City; and WHEREAS, the City Clerk conducted a prima facie review of the petition as to form and found it complied with the provisions of the Elections Code', and WHEREAS, the certified results of the signature verification were presented by the City Clerk and accepted by the City Council; and WHEREAS, it is desirable that the municipal election be consolidated with the Presidential General Election to be held on the same date and that within the City the precincts, polling places and election off care of the two elections be the same, and that the San Mateo County Elections Office canvass the returns of the municipal election; and that the election be held in all respects as if It were one election; NOW, THEREFORE, BE IT RESOLVED, that the City Council order as follows Section 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Burlingame, California, on Tuesday, November 8, 2016, a municipal election for the purpose of submitting the fallowing question: Shall the ordinance (a) enacting rent stabilization with an annual maximum increase of 4% for most multi -family rental residences with certificates of occupancy before February 1, 1995; (b) establishing just cause for eviction restrictions on most rental residential units, including single family homes and multi -family residences built after 1995; (c) creating a Commission authorized to enact regulations and set fees to implement the ordinance; and (d) superseding prior restrictions on the passage of rent control be adopted? YES NO Section 2. That the 'full text' of the proposed ordinance shall appear in the Voter Information Pamphlet The 'full text' of the proposed ordinance is attached to this resolution as 'Exhibit A." Section 3. That the City Clerk Is directed to transmit a ropy of the measure to the City Attorney, and the City Attorney is directed to prepare an impartial analysis of the measure showing the effect and operation of the proposed ordinance and to file the analysis no later than August 29, 2016. Section 4. The proponents of the initiative may file a written argument in favor of the measure, and the City Council authorizes any and all members of the City Council to file a written argument against the measure and any individual voter who is eligible to vote on the measure or bona fide association of citizens or combination of voters and associations may also submit a written argument for or against the measure. Such argument, whether in favor or against shall not exceed 300 words and be accompanied by the printed names) and signature(s) of the persons) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. Primary arguments in favor of and against the measure must be submitted to the City Clerk by 5:00 p.m. on August 19, 2016. In the event that more than one written argument is filed in favor of or against the measure, the City Clerk shall select one of the multiple arguments In accordance with the provision of Elections Code Section 9287 and Resolution Number 15-2016. Rebuttal arguments must be submitted to the City Clerk by 5:00 p.m. on August 29, 2016 and shall not exceed 250 words. Section S. The boundaries of the City have not changed since the City of Burlingame's previous election held on November 3, 2015. Section 6. The measure requires a simple majority of the voters voting on the initiative to pass. Section 7. Pursuant to the requirements of Elections Code Section 10403, the Beam of Supervisors of the County of San Mateo is hereby requested to consent and agree to the consolidation of a municipal election with the Presidential General Election on Tuesday, November 6, 2016. Section 0. The City Manager and the City Clerk am authorized toenter into e service agreement with the San Mateo County Elections Office to request the services of the Elections Office in conducting the election, consolidating the election and canvassing the returns. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used. Section 9. The ballots to be used at the election shall be In the form and content as required by law. Section 10. That the City Clerk Is authorized, instructed and directed to ventrad for the procurement and furnishing of any and all ofi clal ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order b properly and lawfully conduct the election and to take all other necessary actions to place the measure on the November 8, 2016 ballot. Section 11. That the polls for the election shall be open at 7:00 a.m, on the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the. polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Elections Code Section 14401. Section 12. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a property approved bill. Section 15. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 14. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of th election, in time, form and manner as required by law. Mayor I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was Introduced at a regular meeting of the City Council held on the 1st day of Angus 2016, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ NOES',. COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS'. NONE -� ity Clerk ,� EXHIBIT A FULL TEXT BEGINS: THE PEOPLE OF THE CITY OF BURLINGAME ORDAIN AS FOLLOWS: THE BURLINGAME COMMUNITY PROTECTION ORDINANCE lisle 20, Chapter 20.04 20.04.010 Tido and Purpose 20.04.020 Findings 20.04.030 Definitions 20.04.040 Exemptions 20.04.050 Additional Homeowner protections 20.04.060 Just Cause for Eviction Protections 20.04.070 Stabilization of Rents 20.04.080 Rent Increases Pursuant to Annual General Adjustment 20.04.090 Initial Rents for New Tenancies 20.04.100 Rental Housing Camniesion 20.04.110 Petitions for Individual Rent Adjustment --Bases 20.04.120 Petitions for Individual Rent AdjustmentProcedures 20.04.130 Judicial Review, 20.04.140 Foo-waivalAily 20.04.150 R imalles 20.04.160 Injunctive and Other Civil Relief 20.04.170 Partial Invalidity 20.04.180 "Measure T' Repealed 20.04.190 Codification 20.04.200 Majority Approval, Effective Date, Eviction 20.04.010 '111 LE AND PURPOSE This Ordinance shell be known as the Burlingame Community Protection Ordinaoue. The purpose of this Ordinuuw to to promote neighborhood and community stability, healthy housing, and affordability, for renters in the City of Burlingame by controlling excessive rent increases and arbitrary evictions to me greatest extent allowable under California law, while enaudng Landlords a fair and reasonable return on their ins extme d, and guaranteeing fair protections for renters, homeowners, and businesses. As such, it is the purpose of this Ordinance t0 repeal Municipal Ordinance 1356, also known as "Measure TT which otherwise limits the City's ability to provide mear ingful protections for its resident_ 20.04.020 FINDINGS The People of Burlingame find and declare as follows: (a) There is a shortage of decent, safe, affordable, and sanitary housing in the City of Burlingame ("the City"). (b) Law abiding tenants have worry constantly about losing their homes through no fault of their own. Commemsenee protections against unreasonable rent increases and arbitrary evictions are needed in the City to protect long-time residents from forced displacement (a) Burlingame Is one of the most expensive communities in which to live in the Sm Francisco Bay Area, with medico home values over $1.8 million recording to Zillew research. According to several measures such as Zillow and Thalia, the auction rental prices for market rale rentals in the City surpass 54,500 par mouth (d) According to the University of California, Berkeley's 2015 Urban Displacement Project, the entire City of Burlingame is either at -risk of displacement or has already experienced significant displacement. (e) More than half of Burlingame residents are renters. Accordingto HUD's Comprehensive Housing Affordability Strategy (CHAS, 2008 2012),47% of Burlingame [rant households are "overpaying households," meaning the household pays 30%or more of its on housing costs. Many offhnmtenants are paying more than 50% of their income for read. (I) According to San Mateo County Department of Housing statistics, the average rent in San Mated County for a 2bedroom apartment has harvested more than 50% over tine lest four yeas alone. (g) The problem of rent increases has reached a crisis level, with examples of rents rising at rates more than ren tires that of inflation or average wage growth. @) City residents have reported that there have been excessive rent increases and a substantial increase in the number of evictions without cense. Residents have reported these trends to the City Cereal at City Cowcil meetings, as well as to the press. (i) Renters are being displaced as a result of evictions or their inability to pay excessive ant increases. "These residents must relocate, but as a result ofthe housing shortage are unable to find dcoctn, safe, and healthyhousing at affordable rent levels. Aware of the difficulty in finding beaten housing some renters allmiptto pay requested rant increases, but as consequence must expend less on other necessities of life, such as food, harsh. and heNNeam. This situation has a detrimental effect on substantial numbers of renters in the City and is a threat to the public health, safety, and welfare. The situation creates a particular hardship for senior citizens, persons on fixed incomes, families with children, and other vulnerable tenants. (j) No-fault evictions are forcing renters, including the elderly and disabled, Som them homes. The City is experiencing atroubling increase in the number of landlords who evict entire buildings full of tenants based on no -cause vermination notices. Evictions have been shown to cause serious stress, which can endanger the health and welfare of those affected. (k) Landlords who evict or price outTennts impose adverse impacts on tine displaced I occurs, including numerous financial costs. These costs include but are not limited to. packing costs, moving casts, lost wages due to taking time off work to search for alternative housing, the cost of applying to alternative housing, change of address expenses, hotel costs or other temporary housing expenses required until suitable long-term alternative housing is obtained, and the cost of a new scarify deposit. Additionally, needy all rental housing requires that prospective tenants pay three mortis' rent up heat in order to secure a lease—generally representing the first months rent, last month's rent, and security deposit, The total accumulated cost imposed on a displaced household generally exceeds $10,000 and frequently can reach 540,000 or greeter. Tenants who are seniors, disabled, or have children Incur even higher costs one to their particular circwnstanas Law- and moderate -inter tenants cannot afford such sudden and costly expenses, and they often experience homelessness M a direct consequence of eviction, which itself imposes fuller financial, social, and emotional costs. The severe impacts of displacement on renders pose a threat to the public health, safety, and welfare. (1) Eviction or other displacement imposes an especially high border on schoolaged ilinter and their families, including increased absence from school and other educational disrupting that can have long-lasting effects. (m) Escalating housing costs and the displacement of carried raided; has hada detrimental impact on small businesses in the City of Burlingame. Small businesses have struggled to recruit and return employees, and some businesses have experienced unusually high turnover rates among their staff as workers aro displaced by massive rent increases and evictions. Such businesses incur increased costs due to me need to frequently recruit and train new employees for the same position. Moreover, as customers of some local businesses spend a Wearer portion of their income on mat, they spend less on nonessential goads and services, driving down sales and banning the City's economic vitality and business diversity. (n) On July 13, 2015, the City Council of Burlingame recovered a Special Session, at which it considered several proposals for renter relief, including just cause for eviction protections as well as other policies to potentially address escalating rents. no Special Session drew substeotud attendance and participation firm the probe, including renters and members of the real estate industry. (o) Burlingame Municipal Ordinance 1356, passed in 1987 and also known as "Mbantre T," prevents the City from adequately protecting the community from exorbitant rent Increases. Co The City of Burlingame does net restrict rent increases or the grounds for eviction . Residents have been unfairly evicted or priced out so that Landlords can take advantage of the City's housing shortage and raise rents excessively. (q) Itis reasonably foreseeable that the filing of this Chapter as a protected ballot initiative will further impact the rental housing market in the City of Burlingame, as Landlords may dramatically increase rents in anticipation of the implementation of this Chapter. (r) Given the increased housing cost harder and high risk of eviction, the public health, safety, and welfare ofBinlim arae residents are threatened. Residents, including sectors and people on fixed incomes, are often faced with a choice browbeat paying reetor buying necessary food and medical nae for themselves and their families (a) In light of the aumemns concerns noted insurer, including, but not limited to,, the current and immediate threat to the health, safety, and welfare of the City's residents and the adverse impacts that result from a substantial decrease of housing affordability within the City, the latvple of Burlingame migration that it is in the interest e1'immediately preserving the public health, safety, and general welfare to adopt this Ordinance in order to put into place, among other thing, regulations to promote affordable housing within me City, just cause for asictom policies, and rent stabilization. 20.04.030 DEFINITIONS Unless border defined elsewhere in this Chapter, the following words or phrases as used in this Ordinance shall have the following meanings'. (a) Aminal General Adiushnent. The Amnual General Adjustment is the percentage by which the Rent for existing tenancies in Covered Rental Units may be increased each year, abject o the limitations of this Chapter. (b) Base Rent. The Base Rent is the reference point from which the lawful Rent shall be determined and adjusted in accordance with this Clhapter. (1) 'Tenancies commencing on or before March 30, 2016. The Base Rent for tenancies that commenced on or before March 30, 2016 shall be the Rent in effect on March 30, 2016. (2) Tenancies commencing after March 30,2016. The Base Rent for tenancies that commenced after March 30, 2016 shall be the initial rental rate charged upon initial occupancy, provided that amount is not a violation ofthis Chapter or any provision of state law. The term 'Initial rental rate' orders; only the am0uut of Rent actually paid by the Tenant for the initial term of the century. (c) Commission. The term 'Commission" refers to the Burlingame Rental Housing Commission established by this Chapter. (d) Covered Rental Units. All Rental Units not specifically exempted by this Chapter. (c) City Cannot. The team "City Council" refem to the City Council of the City of Burlingame. W Disabled The term"Disabled" as defined in Government Code Section 12955.3. (g) Hearine Officer. An official appointed by the Commission to conduct an investigation or administrative hearing pursuant to this Chapter. (h) Housing Services. Housing Services include, but arc not limited to: repairs, maintenance, painting, providing light, but and cold water, elevator service, window shadow and screens, storage, kitchen, hath and laundry facilities and privileges, harbor services, Utility Changes that are paid by the Landlord, refuse removal, furnishings, telephone, pmkiug, the right to have a specified number of occupants, and any other blimpt, privilege, or facility connected with the use or occupancy of any Rental Unit. Housing Services to a Rental Unit shall Include a pripdrt a ate pmt of services provided W common facilites of die building in which the Rental Unit is contained. (1) Individual Rent Adjustment An adjustment to the otherwise lawful Rent autbraved by a Hearing Officer or the Commission purount to this Chapter. 0) Landlord An owner, lesson subleseoq or any other person nnfitledWacaive Rent for the use and occupancy of any Rental Unit, or an aged, representative, predecessor, or successor of any of the Wregoing. (k) Petition A petition for Individual Rent Adjustment pursuant to Ws Chapter. (1) Primary Residence. The occupant's usual place oftemrc. To classify a unit as unoccupant's Primary Residence does not r quire that the occupant be physically present In the it at all times or continuously, but does require that the unit be the owopant's usual place of record. Factors [hat are indicative of Primary Residence include but are not limited to: (1) The occupant carries on basic living activities at the subject premises for extended periods; (2) The subject premises me listed with public agencies, including but not limited to federal, state, and local taxing authorities, as the occupaN's primary residence; (3) UtilityCharges sad other charges and fees associated with uethe of the structure are billed to and paid by the occupant at the subject premises; (4) The occupant does not file for a homeowner's tax exemption for any different properly; (5) The occupant ix not registered to vote at any other lomtimp and (6) Ownership is held in the mane ofthe occupant claiming Primary Residence and not held by a Limited Liability Corporation or other corporate or business entity stru dare. (m) Property. All Rental Units on a parcel or or contiguous parcels or contiguous lots under common ownership. (a) Recognized Tenant Organ@ation. Any group of Tenants residing In Rental Units in the same mining or in different b ldings operated by the same management summary, agent or Landlord, who choose to be so designated. This shall oleo include any other at -large organization that represents the interest of Tenants. (e) Rent. All periodic payments and all nomnondary consideration including, but not limited to, the fair market value of goods, labor performed, or services tendered to or for the benefit of the Landlord under a Rental Housing Agreement concemhhgme use or occupancy of a Rental Unit and premises and attendant housing Services, including all payment and consideration demanded or paid for parking Utility Charges, pets, flirdlmre, and/or subletting. (p) Rental Housing Agreement An agreement, oral, wrdsm, or implied, between a Landlord and Tenant for use or occupancy of aRental Unit and for Housing Services. (q) Rental Housing To , no fee described in Section 20.04. 1000) herein. (r) Rental Unit Any building, structure, or pad thereof, or land appurtenant thereto, or my other rental property rented or offered for rent for residential purposes, together with all Housing Services conaceted with use or occupancy of such property, such as common areas and recreational facilities held out for use by the Tenant. (s) Single -Family Rome. A detularl building containing a single residential dwelling unit separately alienable from any other dwelling unit U) Tenant. A found, subleuarrt, lessee, sublessee, or any other person entitled under the turns of a Rental Housing Agreement or this Chapter to the use or occupancy of any Rental Unit. (u) Utility Charges. Any charges for gas, electricity, water, garbage, sewer, telephone, cable, interact, or other service relating to the use and occupancy of a Rental Unit. (v) Written Notice to Cease. A written notice provided by a Landlord that gives a Tenant an opportunity to cure an alleged violation or problem prior to service of a notice to terminate tenancy. Any Wntten Notice to Cease artist (1) Provide the Tenant a reasonable period to cure the alleged violation or probloom (2) Inform the Tenant that failure to cure may result in the initiation of eviction proceedings; (3) Inform the Tenant of the right to request a reasonable accommodation; (4) Inform the Tenant of the wntaor number for the Cmnmieion;and (5) Include aufficient details about the conduct underlying the Written Notice to Cease that allow u reasonable person to comply. 20.04.040 EXEMPTIONS (a) Fully Exempt (Exempt from Both Rent Stabilization and Just Cause for Eviction). The following Rental Units are exempt from all provisions of this Chapter: (1) Units in hotels, motels, hots, tourist homes, and rooming and boarding houses which are rented primarily to transient guests for a period of fewer than fourteen (14) days; (2) Rental Units in any hospital, convent, monastery, extended medical are facility, asylam, non profit home for 6N aged, or dannitory owned and operated by an accredited institution of higher education; (3) Rental Units which a government unit, agency or authority awns, operates, mages, or in which governmentally subsidised Unions reside, only if applicable Federal or state law or administrative regulation specifically exempt such units from municipal rent regulations; and (4) Rental Units additionally exempted pursuant to Section 20.04.050 herein. (b) PartiaEy Exempt (Just Cause for Eviction Applies). The following Rental Units aro exempt only from Sections 20.04.090, 20.04.080, and 20.04.090 of this Chapter (Stabilization of goals) and Seciluna 20 04.110 and 20.04.120 (Petitions for Individual Rent Adjustment): (1) Single -Fancily homes and Condominiums. Singlo-Family Homes, condominiums, and other Rental Units enter h d In Civil Code a 1954,52(4)(3)(A); and (2) Rental Units with an initial certficate of ocoupancy dated after February 1, 1995. 211.00.050 ADDITIONAL HOMEOWNER PROTECTIONS Homeownership is of great importance to tire residents blithe City ofBiddingama ht addition to the Rental Units exempted in Section 20.04.040(x) oftlus Chapter, the following Rental linins are also Lilly Exempt from this Chapter: (a) Owner -Occupied Secondary Dwelling Units. A Rental Unit that is permitted and in compliance with Burlingame Municipal Code Chapter 25.59, ifthe Landlord is a mutest person and uses either the secondary dwelling unit or the lager Single -Family Home as his or her Primary Residence. (b) Owner-Oecunied Duolcxe . Rental Units in Properties that have two (2) total dwelling units, if the Landlord is a natural person who occupies one of the unite as his or her PrimaryResidence. 20.04.060 JUST CAUSE FOR EVICTION PROTECTIONS (a) No Landlord shall take action to terminate any tenancy, including but not limited to making a demand for possession of Renal Unit, threatening to terminate a tenancy orally or in writing, serving any ounce to quit or other eviction notice, or bringing any action to recover possession, or be printed recovery of possession of a Rwtal Unit unless at least one of the following conditions exists. (I) Failure to Pay Ren[. The Tenant has failed, after three days' written notice as provided by law, to pay the amount stated in the notice, so long as the mol staled Had not exceed the Rent to which the Landlord is legally entitled under the Round Housing Agreement, this Chapter, state, and any other local law. (2) Breach of Lease. The Tenant has continued, after the Landlord has served the Tenant with Written Notice to Cease, to substantially violate my of me material terms of the Rental Housing Agreement, except the obligation to provider posawai m on proper notice as required by law, add providW that such Rome are reasonable and legal and have been accepted in writing by the Tenant; and provided Stakes that, whom such terms have been accepted by the Target or made part of me Rental Housing Agreement subsequent to the Initial creation of like tenancy, like Landlord shelf have first notified the Tenant in wfling that he or she need not accept such terms. (A) Notwithstanding my contrary provision in this Section, a Landlord shall not take any action to terminatea tenancy based on a Tenant's sublease of the Rental Unit if the following requirements are met: (i) The Tenant continues N reside in the Rental Unit as his, her, or their primary Residence; (ii) The sublessee replaces One or more departed Tenants under the Rental Housing Agreement on a one -Por -one basis; and (in) The Landlord has um easonably withheld the right to sublease following written request by the Tenant If the Lam0ord fails to respond to the Tenant in writing within fourteen (14) days ofreecipt of the Tenant's written request, the Tenant's request shall be deemM approved by the Landlord. A Landlord's reasonable refusal of the Temnt's written request may not be bared on the proposed additional occupant's lack of creditworthiness, if that person will not be legally obligated to pay some or all of the Rent to the landlord. ALandlord's reasonable refusal of the Tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a Rental Unit aspects the maximum number of occupants as determined under Section 503(6) of fine Unifem Housing Code as incorporated by Health as Safety Cock Section 19922. (B) Protections for Families. Notwithstanding any contrary provision in tris Section, a Landlord shall not take any action to terminate a tenancy as a result of me addition to the Rental Unit of a Tenant's child, parent, grandchild, grandparent, brother, or sister, or the spousecr domestic partner (as defined in Family Code Section 299) of such relatives, or as a result of the addition of the spouse or domestic partner of u Tenant, so long as the number of occupants does net exceed the maximmn number of occupants as determined under Section 503(6) of the Uniform Housing Code as incorporated by Health & Safety Code 17922. The Commission may promulgate regulations that will further protect families and promote stability for school -ages children. (3) Nuisance.I he Tenant has continued, after the Landlord has served the Tenant with a Written Notice to Coast to commit or expressly permit a nuisance in the Rental Unit. (4) Criminal Aetivlty. The Tenant has continued, after the Landlord has served the Tenant with a Written Notice to Cease, to be so disorderly as to destroy the panic, quiet, eemfrt, or safety of the Landlord or ether tenants at the property. Such disorderly conduct includes violations of state and federal criminal law that destroy the peace, quiet, comfort, or safety of the Landlord or other tenarh[s at Ree Properly. (5) Failure to Give Access. TheTenint has continued to refuse, after the Landlord has served the Tracer with a Written Notice to Cease, without good cause, to grant the Landlord reasonable access to the Rental Unit as required by state or local law. (b) Necessary and Substantial Repairs Renairine Temporary Vacancy. The Landlord after having obtained all necessary permits Rom the City, and having providW written notice to the Tenant pura ant to state law, seeks in good faith to undertake substantial repairs which are necessary to bring the Rental Unit into compliance with applicable codes and laws appealing the health and safety of tenants of the building provided that: (A) The repairs necessitate that the Tenant vacate the Rental Unit because the work will tender fee rental unit uninhabitable for a period of not less than thirty (30) days; (B) The Landlord gives advance notice to the Tenant of me Tenant's right to elect between. O 'Ihe right of first refusal to guy comparable vacant Rental Unit owned by the Landlord at the same Rent, if such comparable vacant unit exists; or (it) The first right of Learn to reoccupy the unit upon completion of the repairs at the sane Rent charged to the Tenant before the Tenant tcmpomrily vacated the Rental Unit. (iii) in the event that the Tenant elects to accept an offer to move to a comparable vacant Rental Unit at the sane Rent the Tenant is not eligible for any relocation assistance pursuant to Section 20.04.060(6) herein. (C) In the event the Landlord files a Petition for Individual Rent Adjustment within six (6) months following the completion of Ne work, the Tenant shall be party to such proceeding the same as if he or she were still in possession, unless the Landlord shall submit with such application a written waiver by the Tenant of his or her right to reoccupy the premises persuaR to this Subsection (7) Owner Move -Iv. The Landlord seeks, after providing written notice to Be 'levant pursuant to state law, to recover possession of the Rented Unit in good faith for use and occupancy as a Primary Residence by the Landlord, or the Landlord's spouse, domestic Rai her, children, parents or grandparents. (A) As race in Li s Subsection `Landlord" shall only included Landlord that is a natural person and who has at least a fifty percent (50%) recorded ownership interest in the Property. (e) No eviction may take place under this Subsection if the same Landlord or enumerated relative already occupies a unit on the Property, or If a vacancy already exists on the Property. At all times a Landlord may request a reasonable accommodation if me Landlord or enumerated relative is Disabled and another unit in Burlingame is necessary to accommodate the pemon's dtxaGltty. (C) Any notice estimating tenancy pursuant to this Subsection shall wntdre the name, address, and relationship to the Landlord of the person intended to occupy the Rental Unit. (D) The Landlord or enumerated relative must intend in good faith to move into the Rental Unit within sixty (60) days after the Tenant vacates and to occupy the Rental Unit as a Primary Residence for at least thirty-six (36) consecutive months. The Commission may adopt regulations governing the determination mf good faith. (E) If the Landlord or relative specified on the notice temhinapirg tenancy f '1s to occupy the Rental Unit within sixty (60) days after the I cover vacates, the Landlord shall: (i) Offer the Rental Unit o the Teeant who vacated it aline same Rent in effect when the Tenant vacated; and (it) pay to said Tenant all reasonable expenses incurred in moving to and from the Rental UNI. (P) A Landlord may net evict a cannot pursuant to this Subsection if me Truant (1) has resided in the Rental Unit for at least five (5) years and is either at least sixty-two (62) years old or Disabled, or (2) is certified as being terminally ill by the Tenant's treating physician. Notwithstanding the above, a Landlord may evict a Tenant who qualifies for the exemption herein if the Landlord or enwnerated relative who will occupy the Rental Unit also meets the criteria for this exemption and no other units are available. (8) Withdrawal of the Unit permanently from Rental Market The Landlord seeks in good faith to mruver possession to withdraw all Remtal Unita of entire Property fiuthe rental market. The Landlord first must have filed the reheart documents with the Commission initiating the Macedonia for withdrawing Rental Units from rent or lease under Go%amened Code Section 7060 w. seq. and all regulations passed by the Commission, with the intention of completing fire withdrawal process and going out of the rental business. Tenants shall be entitled to a minimum of 120 -day notice or one (1) year in the case Tenants are defined as senior or Disabled under Government Code Section 12955.3. Notice times may be increased by regulations if stale law allows for additional time. (9) Demolition. The Landlord, having obtained all necessary permits firm the City, and having provided written notice to the Tenant pursuant to state law, seeks in goad faith to recover possession of the Renal Unit to remove the Randal Unit permanently from rental housing use through demolition. (b) Relocation Assistance. (1) A Landlord seeking to recover possession under Stasitimu(a)(6}(9), herein shall provide relocation assistance to affected Tenant households in an aunt equal m three (3) times the current market rate Rent for a similar Rental Unit in Burlingame. The relocation assistance required herein shall be a minimmn amoral. The City Council may increase the dollar emowts of relocation assistance outsmart to its powers under law. The Landlord shall notify the affected Tenants of their rights under this Subsection, if any, at the time of service of the notice to quit. (2) The Commission shall issue rales and regulations to eflbaboder this Subsection including but not limited to ales mid regulations setting forth an additional amount of relocation assistance applicable to particNaly vulnerable Nora lhouseholds, the procedures for establishing and facilitating payment of the relocation assistance, mid for the reasonably timely payment of any applicable relocation assistance. (c) Most Right of Radius. All Tenants whose tenancy is terminated based upon a basis enumerated in Subsections bound (9) herein shall have the fust right ofreWm to the Rental Unit What Rental Unit is retumed to the market by the Landlord or successor Landlord. Rent for the Rental Unit shall be me Rent lawfully paid by the Tenant at the time the Landlord gave notice of variation based upon Subsections (e)(6)-(9) herein. (d) Retaliation is Barred. Notwithstanding the above provisions, no Landlord shall take action to terminale any tenancy or otherwise recover possession of a Rental Unit in retaliation for the Tenant reporting violations of this Chapter, for exercising rights granted under this Chapter, or for forming or participating in a Recognized Tenant Organization. (c) Notice to Specify Basis for Termination. Any notice purporting to terminate tenancy on any of the bases spe abut In this Section must state with specificity the basis on which the Landlord seeks to terminate tlhetemany. (I) Landlord Compliance wird this Chapter. In any action brought to recover possession of a Rental Unit, the Landlord shall allege compliance with this Chapter. (g) Filing Termination Notices with Commission. The Landlord shall file with the Commission a copy of any notice terminating Noway within three (3) days after serving the notice on the Tenant. (h) FaBuretocmply. A Landlord's failure to comply with any requirement of this Chapter, including without limitation the failure to sore any of the required notices on the Commission pursuant to Subsection (g) herein, is a complete affirmative defense In an unlawful outsider or other action brought by the Landlord to remover possession of the Rental Unit. 20.04.010 S'EABELIZ"ION OF RENTS (u) Runts Stabilized. Upon the effective date of this Chapter, no Landlord dull charge Rent in an mount that exceeds the sum of me Bose Rent plus any lawful Rent increases actually implemented pursuant to this Chapter. (b) Rent Increases Regulated. No Landlord shall increase Rent for a Covered Rental Unit except as authorized by this Chapter. Rent increases shall be limited to those imposed pursuant to Section 20.04880 (Amoral General Adjustment) and Section 20A4.11Old (Petition for Upward Adjustment—Fair Rate of Retum). A Landlord may set the initial Rent for a new tenancy pursuant to Section 20 04.090 (Initial Rents for New Tenancies). (c) Security Deposit at Commencement of Tenancy Only. No Landlord shall increase a security or other deposit originally required from a Prompt his a condition of occupancy of Rental unit. 20.04.080 RENT INCREASES PURSUANT TO ANNUAL GENERAL ADJUSTMENT (a) Annual General Adlustment. No later than lune 30th each year, the Commission shall annoupce the amount of the Annual General Adjustment, which shall be effective as of September 1st of that year. The Amoral General Adjustment is life percentage by which the Rent for existing tenancies in Covered Rental Units may be increased each year, subject N the limitations of thio Chapter. (1) The Annual General Adjustment shall be demand to one hundred percent (100%) of the peregragej arease in me Consumer Price Index (All Urban Consumers, San Frauds io-Oakland-San lose region, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelvemonth period ending as of March of the current year. The Annual General Adjustment shall be rounded to the nearest onetenth of a percent. (2) Subparagraph 1 of this Subsection notwithstanding, in no event shall she Annual General Adjustment be less than one percent (I%) or more than four percent (490). (3) The first Rent increase that a Landlord may impose pursuant he this Section shall not take effect prior to September 1, 2019. (4) A Landlord may only implement a Rent increase pursuant to an Annual General Adjustment within the twelve (12) months immediately after the effective date of such Annual General Adjustment. Any Annual General Adjustment not implemented within the twelve (12) months immediately following its effective date is waived. (b) One Rent Francis Per Year. No more than one Rent increase per twelvemonth period may be imposed on a Tenant. (e) Notice of Rent Increase Reunited. Allowable Rent increases pursuant to the Annual General Adjustment shall became effective only after the Landlord provides written notice to the Tenant in the manner prescribed by law, with at least thirty (30) days' advance written notice. (d) Conditions Unda Which Rent lucre ase Not Permitted, No Rent increase shall be effective if the Landlord: (1) Has failed to substantially comply with all provisions of this Chapter and Of holes mid regulations promulgated by the Commission; or (2) Has failed to maintain the Rental Unit in compliance with Civil Code Sections 1941.1 to seg, and Health and Safety Code Sections 19920.3 and 17920, 10; or (3) Has failed to make repairs ordered by a Hearing Officer, the Commission, orthe City. 29.04.090 VOTiAL RENTS FOR NEW TENANCIES (a) Setting of Initial Rents Wititout Restriction. To the extent permitted by state law Landlords may set the initial Rent for new Tenants at the market rate. (b) Costa -Hawkins Exucufio t The CostaHawkinsRental Housing Act, Civil Code § 1954.50 et seq., permits municipalities to regulate the initial Rent in certain limited circumstances. Pursuant to the Costa -Hawkins Rental Housing Act, limitations on the initial Rent shall apply in any of the following circumstances: (1) No Fault Termination of Tcoaney. The previous Tenant vacated following notice described in Civil Code § 1954.53(a)(1); (2) Rept Increase Not Permitted by this Chapter. The previous Tenant vacated following a notice of Rent increase not permitted by this Chapter (see Civil Code § 1954.53(agld; (3) Failure to Renew Government Contract A Landlord that economics or fails to renew a contract or recorded agreement with a government agency that provides for a Rent limitation to a gmlified Tenant shall not be eligible to set an fund Rent for three (3) years following the date of the termination or nonrenewal of the contractor agreement (see Civil Cede § 1954.53(a)(q(AB; (4) Serious Code Violation. The Rental Unit was cited for serious health, safety, fire, or building code violations at least sixty (60) days prior to the vacancy and the violations were not abated by lite time the Rental Unit was vacated (see Civil Code§ 1954.53(1)); (5) Ells Act Termination of Tenancy. The previous Tenant vacated purment to a notice described in Section 20,04,060(a)(8) of this Chapter, but the withdrawal of die Property was not filly or properly completed under the Ellis Act or any local implementing ordinances or regulations; or (6) Exchange for Public Subsidy. The Landlord has agreed to a Rent re miction in retain for a dimer financial coni idur on (see Civil Code § 1954.53(x)(2)). Ce) Rent Increases After Setting an Initial Rent After the Landlord sets an initial Rent pursuant to this Section, the Landlord may only increase me Rent in accordance with this Chapter. The Landlord may not increase Rent based on Annual General Adjustments, cost increases, capital improvements, or other cirmmstanms that arose before the new tenancy began 20.04.100 RENTAL HOUSING COMMISSION (a) Composition. There shall be in the City of Burlingame an appointed Rental Housing Commission wmpnsed of Burlingame residents as set forth in this Section. The Commission shall consist of five (5) Commission members appointed by the City Council, and an alternate Commission members. The alternate Commission member shall be permitted to attend all Commission meetings and to speak, but not be cathedral to vote unless a regular ember of the Commission is absent at that meeting or is recused horn voting on m agenda item. There shall be no more than two members who own or manage my rental property or me sectors or are developers. At least three (3) member shall be Tenants. Anyone nominated to this Commission must be in complimee with this Chapter and all other local, state, and federal laws regulating the prevision of housing. Annually, the Commission shall elect one of its members to serve as chairperson. (b) Eligibility and Aupoinhneut Commission members shall be appointed by the City Cowell at a public meeting. Applicants for membership am the Commission shall submit m application to the City Council. The application shall include a statement under penalty of perjury of the applicant's interests add dealings in mal property, including but not limited to, vnership, uveteehhip, sale, or management, Writ investment in and association with partnerships, wrpomtions Joint ventures, and syndicates engaged in ownership sale, or management of real property during the fume (3) years immediately prior to the applicant's application. This documentation shall be made available to the public. (e) Term of Office. Commission members shall serve terms offcur(4) years and may be reappointed for a total of two (2) ILII terms. Commission member terms shall be staggered. Therefore, initial appointments shall consist of two (2) members with two terms, an alternate with a two-year term, and three (3) members with four-year terms. (d) Powers and Duties. The Commission shall have the following powers and duties: (1) Set Rents at fair and egahable levels to achieve the purposes of this Chapter. Notwithstanding any other provision of this Chapter, the Commission shall have the authority to adopt regulations authorizing Rent increases and/or adjustments required by state or federal law. (2) Establish rules and regulations for administration and enforcement ofthis Chapter. (3) Determine and publicize the Annual General Adjushnent pursuant to this Chapter. (4) Adjudicate Petitions pursuant to Scetions 20.04.110 and 20.04.120 herein cod issue decisions with emote for appropriate reilefpursuant to this Chapter. (5) Administerow1, and aflinnatious and subpoena witnesses and rchvant documents. (6) Establish a budget for the reasonable and necessary implementation ofthe provisions of this Chapter, including without limitation the hiring of necessary staff, and ahargo fres as set forth Serum in an amount sufficient to support that budget (7) Administer the withdrawal process for the removal of Rental Unita from the rental housing market pursuant to Section 20.04.060(a)(8) herein. (8) Hold public hearings. (9) Conduct studies, surveys, investigations, and hearings, and obtain information to harbor the purposes of this Chapter. (10) Report periodically to the City Council on the slams of Covered Rental Unite. Perri shall airline (a) asummary of the numbers of termination of tenancy notices served personal to Section 20.04.060, including the bases upon which they were server, and (b) a summary of any and all Petitions submitted to and/or decided by a Hearing Officer and/or the Commission pursuant to Sections 20,N, I 10 and 20.04.120, including the bases on which the Petitions were submitted and the determinations on the Petitions. (11) Publicize through reasonable and appropriate means the provisions of this Chapter, including without limitation the rights and responsibilities of Landlords and Tensile. (12) Establish a schedule of penalties that may be imposed for noncompliance with this Chapter or with miss and regulations promulgated under this Chapter. (13) Pursue civil remedies as provided by this Chapter In courts of appropriate jurisdiction. (14) Intervene as rot interested party in any litigation brought before a court of appropriate jurisdiction by a Landlord or Foust with respect to Covered Rental Units. (15) Any other duties necessary to administer and thimme this Chapter. let Rules and Regulations. The Commission shall issue and lbllow such rules and regulations as will further the purposes of the Chapter. (t) Meeting . The Cmmnissmn shall hold regularly scheduled meetings as necessary to ensure the performance of its duties under this Chapter. All regular and special meetings shall be called and conducted in accordance with state law. (g) uoram. Three (3) members shall constitute a quown for the Commission. did Varae. The affirmative vote ofthose (3) members of the Commission is required for a decision, including on all motions, regulations, and orders of the Commission. O Vacancies. If a vacancy occurs on the Commission, a person qualified to fill such vacancy shall be appointed by the City Council in accordance with this Chapter. Q) Fldntain. The Commission shall finance its reasonable and necessary expenses by charging Landlords an annual Rental Housing Fee as set fotih herein, in amounts deemed reasonable by the Commission to accordance with applicable law. The Commission is also empowered to request and receive funding when and if necessary from any available source for its reasonable and necessary expenses. (1) Rental housing Fee. All Landlords shall pay a Rental Housing Fee on an armuallvasjs. The First Commission convened aflentbe effective date oftids Chapter shall deteemine the amount offlo Rental Housing Fee. Theamountof the Rental Housing Fee may differ between Rental Units subject to the entirety of this Chapter and these that are Partially Exempt. The Commission may adjust line mount of the Rental Housing Fee at its discretion to casae full funding of its reasonable and necessary expenses, in accordance with all applicable law. (2) Citv to Advance Initial Funds. During the mit al implementation of this Chapter the City shall advance all necessary funds to eneurethe effective implementation of this Chapter, until the Commission has collected Rental Housing Fees sufficient to support the implementation ofthis Chapter. The City may seek a reunbursement of any advanced funds from the Rental Housing Commission after the Rental Housing Fee has been collected. (k) Integrity and Autonomy of Commission. The Commission small be an integral part of the government of the City, but shall exercise its powers and duties under this Chapter independent firm the City Council, City Manager, and City Attempt, except by remain of the Commission. to the period between the effective date oflbis Chapter and the appointment of the initial members of the Commission, the City shall time whatever steps are necessary to perforin fire duties of the Commission and implement the purposes of this Chapter. (1) Conforming Regulations. if any portion of this Chapter is declared invalid or unnameable by decision of a court of competent jurisdiction or centered invalid or unenforceable by state or federal legislation, the Commission and not the City Council shall have authority to enact replacement regulations consistent with the intent and purpose of the invalidated provision and applicable law. Such replacement regulations shall supersede invalidated or unenforceable previsions of this Chapter to the extent necessary to resolve any inconsistency. The subject matter of such replacement regulations shall be limited to the matters zrldisc ed in this Chapter. (m) Designation of Replacement Commission. Inlheeventtheestablishmentofthe Commission under this Section is adjudged to be invalid for any reason by a court of competent jurisdiction, the City Conrad shall designate one or more City departments, agencies, committees, or commissions to perform the duties of the Commission prescribed by this Chapter. (n) Conflict of interest Commission members shulL not necessarily be disqualified from exercising any of their powers and duties on the grounds of another of interest solely on the basis of tholr status as a Landlord, realtoq develop", or Tenant. However, a Commission ember shall be disqualified fi in ruling on a Petition if the Commission member is either the Landlord of the Property or a Tenant residing in the Property that is involved in the Petition. The provisions of the Political Reform Act, Government Code Sections 89100 at seq. shall apply. 20.04.110 PETITIONS FOR INDMDUAL RENT ADJUSTMENT—BASES A Landlord or a Tenant may file a Petition with the Commission seeking adjustment, either upward or downward, of the Rent for any given tenancy in accordance with the standards set forth in this Section, and using the procedures an Read in Section Mist. 120 herein and implementing regulations. A Petition shall be on a fence provided by the Commission and, if made by the Landlord, shall include a declaration by the Landlord that the Rental Unit complies with all requirements of this Chapter. (a) Petition for Upward Ad i uslment Fair Rate of Return. To eflecmato the purposes of this Chapter and the requirements of law, a Landlord may file a Petition for an upward odjusnnent of the Rent to ensure a fair and reasonable rate of return. It is the intent of this Chapter that individual upward adjustments in Rent he granted only when the Landlord demonstrates that such adjustments are necessary to provide the Landlord with a fair rate of return. The Commission shall promulgate regulations to further govern Petitions filed pursuant to this Subsection in accordance with law and the purposes of this Chapter. (I) Prerequisites. No upward adjustment of Rent shall be authorized by a Hearing Officer or the Commission under this Subsection if the Landlord (A) Has condmied to Fail to comply, atter order of the Commission or other authority, with any provisions of this Chapter or orders or regulations issued thereunder; or (B) Has failed to maintain the Rental Unit In compliance with Civil Code Sections 194 Ll etseq, and Health and Safety Code Sections 19920.3 and 17920.10. (2) Fair Rate of Raturn — Factors. to making any upward adjustment to the Rent based upon a Landlord's Petition to ensure a fair rate of named, the Hearing Officer or Commission shall consider relevant factors, including but not limited to, the following: (A) Increases or decreases in property taxes; (E) Unavoidable increases or any decreases in maintenance and operating expenses; (C) The cost of planned or completed capital improvements to the Rental Unit (as distinguished Gom ordinary tepaiq replacement, and maintenance) but only where such capital Improvements are necessary to bring fee properly into compliance or maintain compliance with applicable local codes affecting health and safety, and where such capital Improvement costa are properly amorfized over the life of the improvements; (D) Increases or decreases in the number of Tramps occupying life Rental Unit, living space, furniture, furnishings, equipment, or other Housing Services provided, or occupancy tales; (E) Subetantlal deterioration it f the Rental Unit other than as a result of normal wear and tear; (F) Failure on rho part ofthe landlord to provide adequate Housing Services, or to comply substantially wit applicable state rental housing laws, local housing codes, health and safety codes, or the Rental Housing Agreement; and (0) The pattern ofrecont Rent increases or decreases in the Rental Unit during the occupancy of the oursenl Tenant. (3) Fair Raft of Return— Factors Excluded, in making any upward rdjusnn cit to the Rent based upon a Iamdlord's Petition to ensure a fav rate of rcmm, life Hauling Officer or Commission shall not consider the following facture as Panning an upward mb usmrenc (A) CustsitI debt seivlcing(including but not limited to principal, Interest, and fees) for any debt obtained chat Much 30, 2016; (D) Any penalties, fees, or interest recessed or awarded for violation of this or any other law with respect to the Rental Unit; (C) TTc costs of capital improvements that me not necessary to bring the property into compliance or maintain compliance with applicable local codes affecting health and safety; (D) Cost increases, capital improvements, Around General Adjustments, or other circumstances that arose before the current tenancy began; and (E) Income taxes. (4) Effective Date of individual Rent Adjustment Runt increases authorized pursuant to Nis Subsection durll become effective only atter the Landlord provides the Lorimar written notice of such Rent increase pursuant W stax law. (b) Petition for Downward Adiastmcnt—Failure to Maintain Habitable Prem (I) Future to maintain a Rental Unit in compliance with gas eminghealth and safety and building codes, including but not limited W Civil Code Sectors 1941.1 et eve. and Health and Safety Code Sections 17920.3 and 17920. 10, constitutes an increaseinRent A Tenant may file a Petition with the Commission W adjust the Rent downward based on a loss in rental value attributable W Ne Landlord's fail ore to maintain the Rental Unit In habitable condition. (2) A Tenant Petition fled pursuant to this Subsection most specify the conditions alleged W constitute the failure to munruu the Rental Unit in habitable condition and demonstrate that the Landlord was provided with reasonable notice and opportunity W correct the conditions that learn Nc basis for the Petition. (c) Petition for Downward Adiastmmm Decrease in Housing Services or Maintenance, A decrease in Housing Services or Moon once, or deterioration 0 f the Rental Unit beyond ordinary wear and tear, without a corresponding reduction in Rant is considered an normso in Rent, A Tenant may file a Petition to adjust the Rent downward based on a loss in cental value mtobuteble to a decrease in Housing Services or maintenance or deterioration 0f the Round Unit. The Petition must specify the defective conditions and demonstrate that the 1-runfind was provided with reasonable notice and an opportunity to correct in like manner to Petitions filed pursuant to Section 20.04.110(6)(2) above. (d) Petition for Downward Adjustment—UWawful Rent. If a Landlord dernahhds or retains Rent in excess of the lawful Rent pursuant W this Chapter, a Tenant may file a Petition W robust the Rent W its lawful level. 20.04.120 PETITIONS FOR INDIVIDUAL RENT ADJUSTMENT --PROCEDURES The Commission shall promulgule regilutions regarding procedures for Petitions filed underNis Chapter. Petitions stand begovemed by such regulations and by the provisions of this Section. (a) Hearing ORfecr. A Hearing Officer appointed by the Commission shall conduct a hearing to act upon the Petition and shall have the power to administer oaths and affirmations, and to render a final decision on the merits of the Petition, subject to the provisions of this Chapter, (o) Notlae. The Commission shall notify the Landlord, ifthe Petition was filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, oldie receipt of such a Petition and provide a copy thereof let Time of Rearine. Foch party to a Petition shall receive sufficient advance notice of the bases, theories, and relevant containers to be presented by the other party(iea), and as to Ne time, date, and place of enyhearing regarding file Petition. (d) Developing the Record. The Hearing Object may require either party to Petition to Provide any books, rerurds, and papers decimal pertinent. If the Hearing Officer finds good cause to believe tat an inspection would assist in revolving the issues raised by the Petition, the Hearing Officer may conduct a building inspection and/or request the City be conduct a building inspection. The Toaant may request the Hearing Officer to offer such an inspection prior to the dale of the hearing. Ali documents required under this Subsection shall be made available to the parties involved prior to the hearing. (c) Open Intention All hearings conducted pursuant to this Subsection shall be open to the public. (f) Right of Assistance. All parties to a hearing conducted pursuant to this Subsection may (save assistance in presenting evidence and developing their position from attorneys, legal workers, Recognized Tenant Organization representatives, or any offer persons designated by said parties. (y,) Hearing Race , The Commission shall make available for inspection and copying any official record that shall constitute the exclusive record for decision on the issues at the hands. The occurs of the hearing, or any part of one, shall be obtainable for the reasonable cost of copying. All hearings shall be audio or video recorded, as ordered by the Hearing Officer, add any party to the Petition may receive a copy of the recording upon payment of a reasonable cost. (h) (nuaatum of Proof and Notice of Decision. No Petition for Individual Rent Adjustment, whether upward or downward, shall be granted urdess supported by the preponderance of the evidence submitted prior to and at the hearing. All parties to a hearing shall be sent a notice of the decision and a copy of the findings of fact and law upon which said decision is based. Al the same time, parties to the proveediag shall also be notified of then right to appeal to the Commission and/or m judicial review of the decision. (i) Consolidation. Whether submitted by a Landlord or I mantis), all Petitions pertaining to Rental Units at the same Property maybe consolidated for hearing upon a showing of good cause, (j) Appeal. Any person aggrieved by the decision of the Hearing O dicer may appeal to the full Commission for review. On appeal, the Commission shall afford, reverse, or modify the decision of the Hearing Offiecr. no decision on appeal shall be based on the hearing recent and the Commission shall neither hear nor find facts in addition to those preowned to the Hearing Officer. (k) Finality of Decision. The decision of We Hewing Officer shall be the final decision of the Commission, unless an aggrieved party has timely sought an appeal tole Commission. The decision of the Commission on appeal shall be final unless an aggrieved party has timely sought judicial review pursuant to law. (1) Time for Decision. A final dwision on any Petition shall be made within a reasonable time. Decisions decreasing Rent shall remain in effect until the Landlord has connoted the defect warranting the decrease. The Commission shall, by regulation, establish procedures for making prompt compliance determinations. (m) Riehl to Fair Return Guaranteed. No provision of this Chapter shall be applied so as to prohibit he Commission from punting an Individual Rent Adjustment that is demonstrated by the Landlord to be necessary to provide the Landlord with a fair rate of return. 20.04.130 .IUDICIAL REVIEW A Landlord or Tenant aggrieved by any action or decision of the Commission may seek judicial review pumuwt to state law and This Chapter and its implementing regulations. No action or decision by the Commission shall go into effect until any statutory time period for such review has expired. 20.04.140 NON-WAIVABILITY Any provision of a Radial Housing Agreement, whether oral or written, which purports to waive any provision of this Chapter established for Ne benefit of the Tenant, shall be deemed to be against public policy and shall be void. 20.04.150 REMEDIES In addition to any other remedies provided by law, Landlords and Tenants covered by this Chapter shall have the following remedies for violations of this Chapter. (a) Landlord's Demand for or Retention of Excessive Rent. When a Landlord demands, accepts, receives, or remits any payment or payments in excess of the lawful Rent pursuant to this Chapter and the regulations promulgated bemundey including in violation of the provisions ensuring compliance with habiWith ty standards and rest men vme of Housing Services, the Tenant may file a Petition pursuant to Section 20.04. 110 or file a civil suit against Ne Landlord. A Landlord who demands, accepts, receives, or retains any payment of Rent in excess of the lawful Rent shall be liable to the Tenant in the amount by which thepayment or payments have exceeded the lawful Rent. in such a case, the Rent shall be adjusoed to reFlect the lawful Rent pursuant to this Chapter and its implementing regulations. (b) CivRRemedies. A Tenant may bring a civil suit in the courts ofthe state alleging that a Landlord has violated any of the previsions of this Chapter or the regulations Promulgated] hereunder, including that the Landlord has demanded, accepted, received, or retained e payment or payments in excess oftha lawful Rent. In a civil suit, a Landlord found to violate this Chapter shall be liable to the Tenant for all actual damages, including but not limited to the damages described in Subsection (a) above. A prevailing Tenant in a civil action brought to enforce this Chapter shall be awarded reasonable attorneys' fees and costs m determined by the court. Additionally, upon a showing that Ne Landlord has acted willfully or with oppression, fiend, or malice, the Tahant shall be awarded treble damages. No administrative remedy nod be exhausted prior to filing suit prompt to this Subsection. (c) Additional Relief for Landlord's Violation of Eviction Rales. Fitisshown that me event which Ne Imillond claims as grounds to recover possession under 20.!14.I I0(a)(6)-(9) is not initiated within two (2) months after Ne Latour vacatess the Rental Unit, or itis shown that the Landlord's claim was false or in bad faith, the Tenant shall be entitled to regain possession of the Rental Unit at scone Rent that was lawfully in effect when Ne Tenant vacated, in addition to the relief described in Subsection (b) above. (d) Defense to Action to Recover Possession. A Landlord's failure to comply with any of the provisions ofthis Chapter or regulations promulgated hereunder shall serve as a complete affirmative del8rse in an ontowlhl detainer or other action brought by the Landlord to resper possession of the Rental Unit, Any and a0 violations of lids Chapter by the Landlord shall constitute such an affirmative defense, including but not limited to me demand or retention of payment in excess of the lawful Rent, failure to save any of me notices required pursuant to this Chapter on the Tenant or the Commission, failure to pay the Rentel Housing Pee, and a damages in Housing Services or maintenance without a corresponding reduction in Rant. It is To intent of this Chapter to construe this Subsection to the broadest extent permissible under the law to ensure maximum compliance with this Chapter and avoid unlawful evictions. (e) Commission or City Attorney Enforcement Action. If the Tenant fails to bring civil or administrative action to enforce the Tenant's rights ender this Chapter within one hundred and twenty (120) days after the date of the violation, the Commission or she City Attorney may bring such an action or settle the claim on the Tenant's behalf. If the Commission or City Attorney brings such an uotiou, the Tenant shall be provided the right to opt in or out of the serine. In the case of an opt -in, the Tenant on whose behalf the Commission acted is barred from bringing a separate action against the Landlord in regard to the game violation, and the Commission or City Attorney shall be entitled to restructure me costs it incurred from any monetary ccovery from the Landlord, with the remainder to go to me Tenant against whom the violation has been committed. In the Baso of an opt -out, the Tenant shall retain all rights relating to his or had right to private action. The Commission or City Attorney may take other such enforcement section as necessary to ensure compliance with this Chapter. (t) Remedies Not Exclusive. The remedies available in this Chapter are not exclusive and may be used cumulatively with any alder remedies initis Chapter or otherwise available at law. (g) Jurisdiction. The appropriate court in the jurisdiction in which me Rental Unit is Insured shall have jurisdiction over all actions brought under this Chapter. 20.04.160 INdUNCTI CE AND OTHER CIVIL RELIEF no Commission, Tenants, and Landlords may seek relief from the appropriate court in the Irradiation where the affected Rental Unit is located to enforce any prevision of this Chapter or its implementing regulations or to restrain or enjoin any violation of this Chapter and of me rales, regulations, orders, and decisions of me Commission. 20.04.170 PARTIAL INVALIDITY If any provision of this Chapter or application thereof to mty person or dreumst ccs s held invalid, Its invalidity shell not copper rovolder r application, or applications of the Chapter that can be given effect without the invalid provision or ter shall be nvd to this and the provisionsof he purposes Chapter declared to be severable. This shall be inner construed to achieve the proposes oftltis Chapter end to preserve its validity. 20.04.1110 "MEASURE T' REPEALED This Ordinance shall supvse to and Invalidate any limitations imposed by prior City ordinances that relate to or concern the subject matter addressed herein. This includes, but is not limited to, Darlingness City Ordinance 1356, also known as "Measure F" which was passed by to voters in 1987 It is the intern of the voters of the City o C Burlingame to hereby repeal in its en i ely said Measure T. By repealing and superseding any prior limitations on the City's authority to regulate the subject matter addressed herein, the People ofihe City of Burivtgmne specifically inland for the City to retain authority to promote and preserve affordable housing to the maximum extent permitted by state law, including but not limited w the authority to coact rent stabilization, just cause for eviction, relocation assistance, inclusionary housing policies, and all other regulatory and land use policies that relate to affordable housing. 20.04.190 CODIFICATION TheCity Clerk and the City Attorney shall take all steps newesary to ensure the proper and efficient codification of this Chapter into the Municipal Code, including making revisions to umbering and similar non -substantive items nontainai herein. In exorcising this authority, the City Clerk and City Attorney shall not alter the substantive provisions of this Chapter nor take any action that contradicts express terms and purpose of this Obedience. 20.04.200 MAJORITY APPROVAL, EFFECTIVE DATE, EXECUTION Tris Ordinance shall be effective only if approved by a majority of the voters voting thereon and shall pinto effect ten (10) days after the vote is declared by the City Council. The Mayor and City Clerk are hereby authorized to execute this Chapter to give evidence of its adoption by the voters. FULL TEXT ENDS