This Chapter implements Article XVIII of the City Charter, enacted
by the voters of the City of Santa Monica as Proposition "A" at the
General Municipal Election of April 10, 1979. It is the intent of
the Chapter to uphold the letter and spirit of this Rent Control Law,
to enforce it fairly and efficiently, and to integrate it into the
whole of the City, its government, law, and plans.
(Prior code § 4601; amended by Ord. No. 1153CCS, adopted 4/14/80)
This Chapter may be known as the "Rent Control Ordinance." Article
XVIII of the City Charter, enacted as Proposition "A," shall be known
as the "Rent Control Law." The whole of Article XVIII of the City
Charter, and each part thereof, is made part of this Code.
(Prior code § 4602; amended by Ord. No. 1153CCS, adopted 4/14/80)
A department, commission, board, or agency of the City shall accept for processing applications involving the demolition, conversion or other removal of a controlled rental unit from the rental housing market without requiring the owner of the property to secure a removal permit under Section 1803(t), an exemption determination, or approval of a vested rights claim from the Rent Control Board or requiring the owner to withdraw the controlled rental unit pursuant to the provisions of the Ellis Act. In approving any such application, the department, commission, board, or agency of the City shall impose a condition that the final permit necessary to demolish, convert, or otherwise remove a controlled rental unit from the rental housing market shall not be issued until the owner of the property has first secured a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or withdrawn from the controlled rental unit pursuant to the provisions of the Ellis Act.
(Prior code § 4603; amended by Ord. No. 1153CCS, adopted 4/14/80; Ord. No. 1589CCS § 1, adopted 7/23/91)
The Rent Control Board shall determine vested rights claims
arising under the Rent Control Law, as well as the standards and procedures
for such determinations. Any person claiming a vested right to be
exempt from the permit requirements of Section 1803(T) must substantiate
the claim in a proceeding before the Rent Control Board.
(Prior code § 4604; amended by Ord. No. 1153CCS, adopted 4/14/80)
If a person acquires a determination from the Rent Control Board that he or she has a vested right to convert or remove a rental unit from the market by conversion, he or she shall be deemed to have acquired a removal permit for the purpose of establishing cause for eviction under Section 1806(I). The other causes for eviction set forth in Section 1806 shall continue to apply together with the other provisions of this Chapter.
(Prior code § 4605; amended by Ord. No. 1153CCS, adopted 4/14/80)
The Rent Control Board shall be an integral part of the government
of this City. The Rent Control Administrator and Administration Staff
shall administer and supervise the financial and personnel affairs
of the Board consistent with the City Charter and this Chapter. The
Rent Control Board shall comply with the provisions of the City Charter
providing for a centralized purchasing system and competitive bidding.
(Prior code § 4606; amended by Ord. No. 1265CCS, adopted 12/21/82)
Except for the elected or appointed members of the Rent Control
Board, all employees of the Board are within the classified service
of the City. All employees of the Board shall be hired in accordance
with the City Charter and this Code. The Board shall classify employee
positions, establish employee salaries and benefits, and evaluate
employee performance of its employees. The termination, suspension,
and demotion of Rent Control Board employees shall be effectuated
in accordance with the City Charter and this Code. Consistent with
its power to hire and pay employees, the Rent Control Board may enter
into a memorandum of understanding with its employees consistent with
provisions of the City and this Code.
(Prior code § 4607; amended by Ord. No. 1265CCS, adopted 12/21/82)
Prior to the beginning of each fiscal year, July 1st, the Rent
Control Board shall hold a public hearing on a proposed budget for
the Rent Control Administration for said fiscal year, and shall adopt
a budget. Upon final adoption, the budget shall be in effect for the
ensuing fiscal year. Copies of the adopted budget shall be filed with
the City Clerk, Controller and Manager. From the effective date of
the budget, the amount stated therein as proposed expenditures shall
be and become appropriated by the Board to the Rent Control Administration
for the respective objects and purposes therein specified. At any
meeting after the adoption of the budget, the Board may amend or supplement
the budget by the affirmative votes of at least three members.
(Prior code § 4608; amended by Ord. No. 1153CCS, adopted 4/14/80)
Nothing in this Chapter shall be construed as authority to abridge
the power of the Rent Control Board to determine its own financial,
personnel, and budgetary policies consistent with the City Charter
and this Code. The City Council shall not unreasonably withhold funds
or approvals necessary to ensure that the policies and purposes of
the Rent Control Law and this Code are carried out fairly and efficiently
and that the law be upheld and adequately enforced.
(Prior code § 4609; amended by Ord. No. 1265CCS, adopted 12/21/82)
All City departments, boards, commissions, officers and employees
shall give full cooperation and assistance to the Rent Control Board,
including access to relevant files and documents, unless the Council
finds that to do so involves an unreasonable use of public resources.
(Prior code § 4610; amended by Ord. No. 1153CCS, adopted 4/14/80)
Legal staff hired by the Rent Control Board shall represent
and advise the Rent Control Board and its staff in any or all actions
and proceedings in which the Board or its staff, in or by reason of
their official capacity, are concerned or are a party.
(Prior code § 4611; amended by Ord. No. 1265CCS, adopted 12/21/82)
Public officers or employees of the City, appointed and designated
by the Board as having the power to inspect and investigate for violations
of the Rent Control Law shall have, in furtherance thereof, the powers
and immunities from liability conferred on public employees under
Section 836.5 of the California Penal Code; provided, however, that
the term "arrest" shall mean the power to detain a suspected violator
of the Rent Control Law for a time sufficient to process a citation
and release pursuant to Sections 853.5 and 853.6 of the Penal Code,
and shall not be construed as authority to take any such suspected
violator into custody.
(Prior code § 4612; amended by Ord. No. 1153CCS, adopted 4/14/80)
If any amended by part of this Chapter is declared to be invalid
by final judgment of a court of competent jurisdiction, the City Council
shall, within a reasonable time, take such action necessary to promote
the purposes of this Chapter, and to uphold its surviving terms.
(Prior code § 4613; amended by Ord. No. 1153CCS, adopted 4/14/80)
The Rent Control Board shall have the authority to enact regulations
implementing the anti-abuse provisions permitted by the Ellis Act,
Government Code Section 7060 et seq., consistent with and in furtherance
of the purposes of the Rent Control Law.
(Prior code § 4614; added by Ord. No. 1368CCS, adopted 5/13/86)
