pages: OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2016-04-05.pdf, 17
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OaklandRedevelopmentSuccessorAgencyAndCityCouncil | 2016-04-05 | Special Concurrent Meeting of the Meeting Minutes - FINAL April 5, 2016 Oakland Redevelopment Successor Agency/City Council Subject: Department Of Housing Emergency Moratorium From: Council President Gibson McElhaney & Council Member Guillen, On Behalf Of Members of the Public Recommendation: Interim Emergency Ordinance To Temporarily: 1) Eliminate The Exemptions From Rent Control For Owner-Occupied Duplexes And Triplexes And Substantially Rehabilitated Properties; 2) Place A Moratorium On Rent Increases Above The Annual CPI Adjustment; 3) Affirm The City's Prohibition On Illegal Evictions; 4) Affirm The City's Duty To Publicize City Policies Establishing Tenant Rights; And 5) Direct The City Administrator To Evaluate Potential Permanent Rent Stabilization Measures 15-0850 Attachments: View Report 13360 CMS Councilmember Kalb made a motion, seconded by Councilmember Gallo, to extend the meeting past 12:00 a.m. The motion passed with a vote of 8 Ayes. Councilmember Guillén made a 4th substitute motion, seconded by Councilmember Kalb, to approve the ordinance as amended as follows: A) Revise the following Sections to read as follows: 1) SECTION 3. Discontinuance of Rent Exemption for Owner-Occupied Duplex and Triplex Properties. The exemption from the Rent Adjustment Program for owner-occupied properties of two- to three-units (Oakland Municipal Code section 8.22.030A.8) is discontinued; provided, however, that any legal rent increase for which a notice to the tenant was properly given prior to April 5, 2016 shall be permitted. 2) )SECTION 5. Rent Increase Moratorium; Petition for Relief. From the effective date of this Ordinance no owner or manager of a residential unit regulated by Oakland's Residential Rent Adjustment Ordinance (Section 8.22.010 et seq.) may serve or give notice of a rent increase that exceeds the CPI Rent Adjustment, as defined in Section 8.22.020 of the Residential Rent Adjustment Ordinance, for the twelve (12) months preceding the increase. The moratorium on rent increases above the CPI Rent Adjustment provided for in this Ordinance shall not apply to any rent increase for which a notice to the tenant was properly given prior to April 5, 2016. Any owner or manager of a residential unit who claims that the allowable rent under the moratorium is insufficient to provide a fair return based on maintaining the property's net operating income may file a petition with the Rent Program requesting relief from the moratorium by way of a rent increase in excess of the CPI Rent Adjustment necessary to provide a fair return. The City Administrator shall provide a working definition of "maintaining the property's net operating income." 3) SECTION 8. Administrative Remedies. For violations of the rent increase limitations set out in this ordinance, the City Administrator may issue an administrative citation pursuant to Oakland Municipal Code section 1.12 for a first and second violation by a property owner and a Civil Penalty pursuant to Oakland Municipal Code section 1.08 for three or more violations by a property owner which shall constitute a major violation. Prior to issuing a first City of Oakland Page 17 Printed on 4/20/2016 | 17 | OaklandRedevelopmentSuccessorAgencyAndCityCouncil/2016-04-05.pdf |