Rental Housing Committee

CITY HALL City of Mountain View 500 CASTRO STREET Minutes Rental Housing Committee Committee Members Honey, Ramos, Pardo de Zela, Vice Chair Grunewald and Chair Ortiz Monday, June 18, 2018 6:00 PM Council Chambers - 500 Castro St. 1. CLOSED SESSION (to be held in the Plaza Conference Room) At 6:00 p.m., an announcement was made by Associate Planner Van Deursen, who described the item that the Committee would consider on the Closed Session Agenda below, and invited any members of the public to provide public comments on the item. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION No public comments were received. Closed Session recessed at 6:40 p.m. 2. REGULAR SESSION (to be held in Council Chambers) 3. CALL TO ORDER The meeting was called to order at 7:00 p.m. 4. ROLL CALL Present 5- Chair Evan Ortiz, Vice Chair Matthew Grunewald, Committee Member Vanessa Honey, Committee Member Tom Means, and Committee Member Emily Ramos Absent 1- Alternate Julian Pardo de Zela 5. MINUTES APPROVAL 5.1 Approve the minutes for May 21, 2018 RHC Meeting MOTION: M/S - Ramos/ Means - to approve the minutes for the May 21, 2018 RHC meeting. Yes: 4- Chair Ortiz, Vice Chair Grunewald, Committee Member Means, and Committee Member Ramos Abstain: 1- Committee Member Honey City of Mountain View Page 1 Rental Housing Committee Minutes June 18, 2018 6. ORAL COMMUNICATIONS FROM THE PUBLIC Steven Goldstein James Hersh 7. PUBLIC HEARING 8. UNFINISHED BUSINESS 8.1 CSFRA Fiscal Year 2018-2019 Budget Finance and Administrative Services Director Kong presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comment was received MOTION: M/S - Grunewald/ Honey - To adopt a resolution adopting the Fiscal Year 2018-19 CSFRA Budget and establishing a Rental Housing Fee. Yes: 5- Chair Ortiz, Vice Chair Grunewald, Committee Member Honey, Committee Member Means, and Committee Member Ramos 9. NEW BUSINESS 9.1 Tenant Hardship Regulations Justin Bigelow, Special Counsel, Goldfarb and Lipman, presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Steven Goldstein Juliet Brodie Noah Mlotek Nan McGeary Edie Keating Elizabeth Lindsey MOTION 1: M/S - Honey / None - To adopt Regulations regarding tenant hardship as described below: - Tenant hardship petitions may be requested only for Banked Increases. -Any notice requesting an increase in Rent greater than the Annual General Adjustment identified for the current calendar year must reference how to find the tenant hardship petition. -Hardship Petitions must be received within ten (10) calendar days of the effective date of a rent increase. City of Mountain View Page 2 Rental Housing Committee Minutes June 18, 2018 -Upon acceptance of a Petition claiming a Tenant hardship by the Rental Housing Committee, the Tenant household shall be liable for and pay to the Landlord on the normal due date the amount of Rent that would be due notwithstanding the notice of Rent increase, plus the current year's Annual General Adjustment; the petitioning Tenant household need not pay the Banked Increase about which the hardship was claimed. Each Decision regarding a rejected Petition will require the Tenant household to pay the Landlord the total requested Rent from the date the increase would have taken effect. -Definition of tenant hardship: "Any Tenant household claiming a hardship must verifiably demonstrate that one or more of the following conditions apply to either one or more Tenants in the household, or to the household generally (as specified below). For purposes of defining a hardship, household income means the gross income received in the previous twelve (12) months from all household members over age eighteen (18). "a. Inadequate Household Income. Any Tenant household whose household income does not exceed one hundred percent (100%) of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than Thirty-five percent (35%) of the household's income on Rent, shall be presumed a hardship. "b. Families with Children. Any Tenant household: (i) whose household income does not exceed one-hundred-and-twenty percent (120%) of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than Thirty-five percent (35%)) of the household's income on Rent, and (ii) which household is the primary residence of one or more dependent children under the age of 18 shall be presumed a hardship. "c. Senior Household. Any Tenant household: (i) whose household income does not exceed one-hundred-and-twenty percent (120%) of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than thirty-five percent (35%) of the household's income on Rent, and (ii) which household is the primary residence for one or more persons who are at least 62 years of age shall be presumed a hardship. "d. Persons with Disabilities. Any Tenant household: (i) whose household income does not exceed one-hundred-and-twenty percent (120%) of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than Thirty-five percent (35%)) of the household's income on Rent, and (ii) which household is the primary residence for one or more persons with a disability, as defined in Section 12955.3 of the Government Code, shall be presumed a hardship. "e. Persons who are Terminally Ill. Any Tenant household: (i) whose household income does not exceed one-hundred-and-twenty percent (120%)of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than Thirty-five percent (35%) of the household's income on Rent, and (ii) which household is the primary residence for one or more persons who are terminally ill, as confirmed in writing by the individual's licensed medical care provider, shall be presumed a hardship." City of Mountain View Page 3 Rental Housing Committee Minutes June 18, 2018 Motion failed for lack of second MOTION 2: M/S - Means/ Honey (also accepting friendly amendment by Grunewald to include subsection "f" below) - To adopt Regulations regarding tenant hardship as described below: - Tenant hardship petitions may be requested for Banked Increases and in response to a Fair Return Petition. -Any notice requesting an increase in Rent greater than the Annual General Adjustment identified for the current calendar year must reference how to find the tenant hardship petition. -Hardship Petitions must be received within ten (10) calendar days of the effective date of a rent increase. -Upon acceptance of a Petition claiming a Tenant hardship by the Rental Housing Committee, the Tenant household shall be liable for and pay to the Landlord on the normal due date the amount of Rent that would be due notwithstanding the notice of Rent increase about which the hardship was claimed. Each Decision regarding a rejected Petition will require the Tenant household to pay the Landlord the total requested Rent from the date the increase would have taken effect. -Definition of tenant hardship: "Any Tenant household claiming a hardship must verifiably demonstrate that one or more of the following conditions apply to either one or more Tenants in the household, or to the household generally (as specified below). For purposes of defining a hardship, household income means the gross income received in the previous twelve (12) months from all household members over age eighteen (18). "a. Inadequate Household Income. Any Tenant household whose household income does not exceed one hundred percent (100%) of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than fifty percent (50%) of the household's income on Rent, shall be presumed a hardship. "b. Families with Children. Any Tenant household: (i) whose household income does not exceed one-hundred-and-twenty percent (120%) of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than fifty percent (50%) of the household's income on Rent, and (ii) which household is the primary residence of one or more dependent children under the age of 18 shall be presumed a hardship. "c. Senior Household. Any Tenant household: (i) whose household income does not exceed one-hundred-and-twenty percent (120%) of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than fifty City of Mountain View Page 4 Rental Housing Committee Minutes June 18, 2018 percent (50%) of the household's income on Rent, and (ii) which household is the primary residence for one or more persons who are at least 62 years of age shall be presumed a hardship. "d. Persons with Disabilities. Any Tenant household: (i) whose household income does not exceed one-hundred-and-twenty percent (120%) of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than fifty percent (50%) of the household's income on Rent, and (ii) which household is the primary residence for one or more persons with a disability, as defined in Section 12955.3 of the Government Code, shall be presumed a hardship. "e. Persons who are Terminally Ill. Any Tenant household: (i) whose household income does not exceed one-hundred-and-twenty percent (120%)of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, or that spends more than fifty percent (50%) of the household's income on Rent, and (ii) which household is the primary residence for one or more persons who are terminally ill, as confirmed in writing by the individual's licensed medical care provider, shall be presumed a hardship. "f. Other Hardship. Any Tenant household (i) whose household income does not exceed one-hundred-and-twenty percent (120%) of the median household income for Santa Clara County as adjusted for household size according to the California Department of Housing and Community Development, and (ii) which household does not qualify under the definitions of hardship included [above], and (iii) which household demonstrates other extenuating circumstances may request such circumstances be considered hardship for purposes of this Chapter 7." Yes: 3- Vice Chair Grunewald, Committee Member Honey, and Committee Member Means No: 2- Chair Ortiz, and Committee Member Ramos 9.2 Legal Services Related to Redwood Villa, Inc. v. City of Mountain View and the Mountain View Rental Housing Committee Associate Planner Van Deursen presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No public comments were received. MOTION: M/S - Ramos/ Honey - To authorize the Program Manager or other designee to increase the funding for legal services by Goldfarb & Lipman to include litigation services related to the Redwood Villa case by $50,000 for Fiscal Year 2017-18 in a total amount not to exceed $250,000. Yes: 5- Chair Ortiz, Vice Chair Grunewald, Committee Member Honey, Committee Member Means, and Committee Member Ramos City of Mountain View Page 5 Rental Housing Committee Minutes June 18, 2018 9.3 CSFRA Community Outreach Overview Receive a presentation regarding community outreach and education efforts for the Community Stabilization and Fair Rent Act. Administrative Analyst Black presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: Unidentified Speaker The RHC heard a presentation regarding the planned community outreach and education for the Community Stabilization and Fair Rent Act. 9.4 CSFRA Monthly Status Report May 2018 Administrative Analyst Kennedy presented an oral report and responded to questions. SPEAKING FROM THE FLOOR WITH COMMENTS: No comments were received from the public. The RHC heard a presentation regarding the CSFRA monthly status report for May 2018. 10. CLOSED SESSION REPORT Chair Ortiz announced that there was no action taken during the closed session. 11. COMMITTEE/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS 12. ADJOURNMENT - At 9:32 p.m., Chair Ortiz adjourned the meeting to the next RHC meeting to be held on Monday, July 23, 2018 at 7:00 p.m. in the Council Chambers,500 Castro Street. City of Mountain View Page 6