Title
An Ordinance Amending Chapter 5.156 of the Sacramento City Code, Relating to Tenant Protection [Passed for Publication 11/12/2024]
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FileID
File ID: 2024-01260
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Location
Location: Citywide
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Recommendation
Recommendation: Adopt an Ordinance amending Chapter 5.156 of the Sacramento City Code, relating to Tenant Protection.
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Contact
Contact: Peter Lemos, Code and Housing Enforcement Chief, (916) 808-8183, plemos@cityofsacramento.org, Community Development Department
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Presenter
Presenter: Peter Lemos, Code and Housing Enforcement Chief, (916) 808-8183, plemos@cityofsacramento.org, Community Development Department
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Attachments
Attachments:
1-Description/Analysis
2-Ordinance (Redlined)
3-Ordinance (Clean)
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Description/Analysis
IssueDetail
Issue Detail: On August 13, 2019, the City Council adopted Chapter 5.156 of the City Code, known as the Tenant Protection and Relief Act. The Tenant Protection Program (Program) was established to assist residential tenants with increasing rental rates by establishing limits on annual rent increases and for long term tenants to provide protection from unwarranted lease termination.
While the program went into effect September 2019, due to statewide eviction moratoriums that were put in place because of COVID, the program did not initiate until the moratoriums expired on September 30, 2020 (although certain aspects of the moratoriums were extended through June 30, 2021).
Per direction from the City’s Housing Element, the City collected data from stakeholders to review the effectiveness of the Program while considering changes that would strengthen the effectiveness of the Ordinance. Upon review of the data, it is clear that the City has more work to do with this Ordinance. However, there was broad support for maintaining the existing program and a desire expressed by interested groups for greater information and education about the program for both landlords and tenants.
The proposed amendments to the ordinance include:
• Clarifying the existing ordinance with definitions;
• Providing clear language regarding registration; and
• Extending the Ordinance from the current sunset date of December 31, 2024 to December 31, 2029.
The five year extension will allow for the implementation of an educational program for tenants and landlords, consistent methods of data collection and reporting, and additional time to consider further amendments to increase the effectiveness of the ordinance.
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PolicyConsiderations
Policy Considerations: The following Housing Element policies and programs support staff’s recommendation to extend the Ordinance and review the Ordinance with additional data to be gathered at a future date:
• H-5.2 Strengthen Tenant Protections. The City shall explore options to strengthen eviction prevention, limits on annual rent increases, and tenant relocation measures.
• Program H25. Sacramento Tenant Protection Act. The City shall conduct outreach to raise awareness by tenants and landlords of the requirements and rights afforded to them under the Sacramento Tenant Protection Act (Sacramento City Code Chapter 5.156). The City shall collect data to review the effectiveness of the current ordinance and consider changes that would strengthen the effectiveness of the current ordinance.
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EconomicImpacts
Economic Impacts: Eviction protections and rental increase limits can provide economic stability for our most vulnerable renter populations.
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EnvironmentalConsiderations
Environmental Considerations: This report is an administrative activity that does not result in a direct or indirect physical change to the environment. Therefore, this action is exempt from environmental review under CEQA per the CEQA Guidelines section 15378(b)(5).
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Sustainability
Sustainability: There are no sustainability considerations applicable to amending Sacramento City Code 5.156 related to tenant protection.
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Commission/CommitteeAction
Commission/Committee Action: Staff prepared recommendations for minor initial changes to the program and a one-year extension of the sunset date which were presented to the Law and Legislation Committee on September 17, 2024. The Committee accepted staff’s recommendations but recommended extending the sunset date for a five-year period, from December 31, 2024, to December 31, 2029. This would align with the State’s sunset date and would also give the City time to conduct additional outreach to tenants and landlords and establish a good method of data collection to provide a better understanding of the effectiveness of the ordinance.
In response to the Committee’s direction, staff made the following updates to the Ordinance: 1) Extended the sunset date for five years to December 31, 2029, 2) Clarified the definition of substandard repair and 3) Clarified Section 5.156.080 regarding the frequency of registration.
On October 15, 2024, the Law and Legislation Committee reviewed these changes and recommended taking the minor modifications of the ordinance to the full Council for review and adoption.
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RationaleforRecommendation
Rationale for Recommendation: The recommended updates address items that need clarification within the Code while also allowing Staff time to prepare a plan for data gathering, analysis, and provide education to landlords and tenants in the next year.
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FinancialConsiderations
Financial Considerations: Not applicable.
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LocalBusinessEnterprise(LBE)
Local Business Enterprise (LBE): Not applicable.
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