Chapter 7.70
RESIDENTIAL RENTAL SECURITY MEASURES
Sections:
7.70.030 Landlord and tenant dispute resolution.
7.70.070 Retaliation prohibited.
7.70.010 Definitions.
For purposes of this chapter, the following definitions apply:
A. “Landlord” means an owner, lessor or sublessor, or the agent, representative or successor of any of the foregoing persons who receives, or is entitled to receive, rent for the use and occupancy of any rental unit or portion thereof. “Landlord” shall include the agent or representative of the landlord; provided, that such agent or representative shall have full authority to answer for the landlord and enter into binding agreements on the landlord’s behalf.
B. “Lease” means a written contract or oral agreement used to make a legal agreement governing the occupancy of the rental unit between landlord and tenant.
C. “Rent” means the amount of fixed periodic compensation paid by a tenant to a landlord, as defined by any agreement between the tenant and landlord for the possession and use of a rental unit. Rent shall not include payments for ancillary services including, but not limited to, storage, additional parking or utility pass-throughs, or pet or security deposits.
D. “Rental unit” means a dwelling unit (as defined by Section 18.02.040) in the city, which is used as rental housing.
E. “Tenant” means any person having the legal responsibility for the payment of rent for a rental unit in the city. “Tenant” shall include the agent or representative of the tenant; provided, that such agent or representative has full authority to answer for the tenant and enter into binding agreements on the tenant’s behalf. (Ord. C-2019-07 §2(Att. A)(part), 2019).
7.70.020 Minimum lease terms.
A. Offer. If a tenant or prospective tenant wishes to rent a rental unit from a landlord and the landlord wishes to rent the rental unit to the tenant or prospective tenant, the landlord must offer to the tenant or prospective tenant a written lease that has a minimum term of one year. Offers must be made in writing.
B. Acceptance. If the tenant or prospective tenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing.
C. Rejection. If the tenant or prospective tenant rejects the offer for a written lease which has a minimum term of one year, the landlord and tenant or prospective tenant may then enter into an agreement, oral or written, that provides for a rental term of less than one year.
D. Rent. If the landlord and tenant enter into a written lease which has a minimum term of one year, such lease must set the rent for the rental unit at a rate or rates certain and these rates shall not otherwise be modified during the term of such lease.
E. Renewal of Lease. Upon the expiration of any lease or lease renewal that has a minimum term of at least one year, a lease shall be offered again in accordance with the procedures of subsections A through D of this section, so long as both the landlord and tenant wish to continue the rental relationship. If, however, either the landlord or tenant does not wish to continue the rental relationship, then there shall be no obligation for the landlord to offer, or for the tenant to accept, any renewal of the lease, unless required by state law. This subsection shall not apply to a rental unit that is rented subject to a written lease of less than one year.
F. Applicability. This section shall not apply to:
1. A unit which is rented on or before the effective date of this section; provided, that:
a. If the unit is rented subject to a written lease with a minimum term of at least one year, when the lease in effect for such unit expires, the ordinance codified in this chapter shall then apply; and
b. If the unit is rented without a written lease, the landlord shall offer a written lease to the tenant in accordance with this section, at the time of lease renewal or any rent increase;
2. Transient hotel occupancy as defined in Section 3.12.020;
3. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly (as defined in Health and Safety Code Section 1569.2) or an adult residential facility (as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services);
4. Dormitories owned and operated by an institution of higher education or a kindergarten and grades one to twelve, inclusive, school;
5. Rental units in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property;
6. Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit;
7. A duplex in which the owner occupies one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy;
8. Housing that has been issued a certificate of occupancy within the previous fifteen years;
9. Residential real property that is alienable separate from the title to any other dwelling unit; provided, that the owner is not any of the following: (a) a real estate investment trust, as defined in Internal Revenue Code Section 856; (b) a corporation, or (c) a limited liability company in which at least one member is a corporation;
10. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Health and Safety Code Section 50093, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Health and Safety Code Section 50093 or comparable federal statutes;
11. A rental unit where the tenancy is an express condition of, or consideration for, employment under a written rental agreement or contract; or
12. A rental unit leased to an entity other than a natural person or persons. (Ord. C-2019-07 §2(Att. A)(part), 2019).
7.70.030 Landlord and tenant dispute resolution.
A. Mandatory Discussion of Rental Housing Disputes. All landlords and tenants shall participate in the conciliation and mediation of rental unit disputes as provided in this section. A rental unit dispute means a fact-based grievance raised by any tenant or landlord regarding the occupancy or use of a rental unit limited to rental rate increases, deposits, repairs and maintenance, utilities, occupants, parking and storage facilities, privacy, quiet enjoyment, or use of common areas.
B. Procedure.
1. Any tenant or landlord may request mandatory discussion of a rental unit dispute by filing a written request for dispute resolution within twenty-one days of learning the facts that give rise to the dispute. The request must be filed with the city manager and/or his or her designee, and must provide enough factual information to outline the basic issue or issues being raised.
2. Within seven days of receiving a written request for dispute resolution, the city manager and/or his or her designee will notify both tenant and landlord if a case has been opened and will provide a copy of the request to the responding party. The city manager and/or his or her designee will also initiate a conciliation process before mediation is scheduled, by engaging in a confidential telephone call or other contact to attempt to resolve the dispute.
3. The city manager and/or his or her designee will not open dispute resolution, or will order dispute resolution closed, when it is clear from the written request that there is no substantial factual basis for the dispute, or when the dispute involves the actions or behavior of persons, or conditions, that are not within the control or responsibility of the parties; or when the dispute is frivolous, malicious or vexatious; or when further proceedings are not, in the sole judgment of the city manager and/or his or her designee, likely to be productive.
4. The city manager and/or his or her designee will promptly assign the request to a mediator who will contact all relevant parties to mediate the dispute. The city manager and/or his or her designee shall have the authority to combine different disputes or different parties in the interest of efficiently addressing the disputes; provided, that any party may, for reasons of confidentiality or otherwise, opt out of a combined mediation involving more than one tenant or landlord by notifying the city manager and/or his or her designee. All communications between the city manager and/or his or her designee and the parties as well as between the mediator and the parties shall be confidential and subject to the confidentiality guarantees set forth in California Evidence Code Sections 703.5 and 1115 through 1128, as may be amended.
5. No mediation will be scheduled until at least fourteen days after the parties are notified in order to allow time for conciliation efforts before mediation. Unless all parties agree in writing to waive the time limit, the initial mediation session will be conducted within twenty-eight days of the date the written request for dispute resolution is filed.
6. If a mediation session is held, the mediator shall provide the parties with an opening statement explaining the nature of the process and the ground rules. Thereafter the mediator will determine the manner and course of the session.
7. The landlords and/or tenants involved in the dispute shall be obligated to personally appear at a mediation session scheduled by a mediator. All parties must participate in the mediation session until completion of the mediator’s opening statement. All parties appearing must have the legal authority to resolve disputes arising under this chapter. Participation in mediation shall be voluntary in all respects after the opening statement. The mediator may, with the consent of all parties, schedule additional sessions as needed.
8. No party shall be obligated to reach any specific agreement, or to reach any agreement at all, as a result of participating in conciliation or mediation communications. If an agreement is reached, it will be stated in writing by the mediator or by the parties. The city shall not be a party to or be obligated in any way under any agreement between a landlord and tenant. (Ord. C-2019-07 §2(Att. A)(part), 2019).
7.70.040 Notice requirements.
A. Form. Landlords shall provide all tenants with notice summarizing the rights afforded by this section.
1. The notice regarding minimum lease terms shall be provided prior to entering any lease, written or oral, and shall contain substantially the following language:
The Half Moon Bay Municipal Code may provide you with the right to minimum lease terms. In certain situations, landlords must offer tenants the option to enter into a one (1) year written lease. It is the tenant’s choice whether to enter into such a written lease with a landlord. Further information is available on the City’s website or from the Community Development Director.
2. The notice regarding the mediation program shall be provided prior to entering any lease, written or oral, and shall contain substantially the following language:
The Half Moon Bay Municipal Code may provide you the right to mediation of disputes between landlord and tenant. You must request mediation within 21 days of learning about the facts that created the dispute. Further information is available on the City’s website or from the Community Development Director.
B. Language. Landlords shall provide these notifications in English, Spanish, any other languages determined necessary by the city manager or his or her designee.
C. Manner. All notices shall be in writing, shall provide the name, address and phone number of the landlord and shall be personally delivered to the tenant, mailed to the tenant at the address of the tenant’s residential property, or transmitted by email. Service by mail shall be presumed complete within five days of mailing. This presumption may be rebutted by the tenant. All notifications shall be in bold text and at least twelve-point font. (Ord. C-2019-07 §2(Att. A)(part), 2019).
7.70.050 Tenant remedies.
A. Defense to Action to Recover Possession. Failure of a landlord to comply with any of the provisions of Sections 7.70.020 to 7.70.040 shall provide the tenant with a defense in any legal action brought by the landlord to recover possession of the rental unit.
B. Defense to Action to Collect Rent. Failure of a landlord to comply with any of the provisions of Sections 7.70.020 to 7.70.040 shall provide the tenant with a defense in any legal action brought by the landlord to collect rent.
C. Injunctive Relief and Damages. A tenant may seek injunctive relief and/or damages on his or her own behalf and on behalf of other affected tenants to enjoin the landlord’s violation of this chapter.
D. Remedies are Nonexclusive. The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude a tenant from any other remedy or relief to which it otherwise would be entitled under law or equity.
E. Nonwaiver. Any waiver or purported waiver by a tenant of his or her rights under Sections 7.70.020 to 7.70.040 prior to the time when such rights may be exercised, except a rejection of a one-year lease offered in accordance with Section 7.70.020, shall be void as contrary to public policy. (Ord. C-2019-07 §2(Att. A)(part), 2019).
7.70.060 City enforcement.
A. Landlord’s Obligation. Compliance with Sections 7.70.020 to 7.70.040 is the obligation of the landlord of a rental unit.
B. City Action. The city attorney shall be authorized to enforce the provisions of Sections 7.70.020 to 7.70.040 by civil action and any other proceeding or method permitted by law.
C. Remedies are Nonexclusive. The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity. (Ord. C-2019-07 §2(Att. A)(part), 2019).
7.70.070 Retaliation prohibited.
Commencement of eviction proceedings against a tenant for exercising his or her rights under this chapter shall be considered a retaliatory eviction. Under Civil Code Section 1942.5, as may be amended, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights. (Ord. C-2019-07 §2(Att. A)(part), 2019).