The People of the City of Santa Monica find and declare:
(a) Tenant-Participating
Conversions are an effective method of preserving, stabilizing and
improving neighborhoods and the supply of sound, affordable housing
accommodations.
(b) It
is sound policy to encourage such Tenant-Participating Conversions
to allow tenants to purchase the units which they occupy and, at the
same time, protect tenants who do not purchase their units.
(c) This
Article is designed to permit tenants to enjoy the stability, security
and financial benefits of ownership of their own housing units and
at the same time to provide more protection than presently exists
under Article XVIII of this Charter for Participating Tenants who
may not choose to purchase their units and is designed to promote
affordable housing opportunities for Low and Moderate Income Households.
(d) While
supporting the goal of home ownership, the City must ensure the continued
availability of affordable housing for Low and Moderate Income Households.
In order to accomplish this goal, this Article requires a Tenant-Participating
Conversion Tax as an integral and essential provision to carry out
the purposes of this Article and the proceeds of which shall be used
to ensure the continued availability of affordable housing for Low
and Moderate Income Households.
(e) This
Article is necessary for the public health, safety, and welfare of
the City of Santa Monica.
For purposes of this Article, the following words and phrases
shall have the following meaning:
Applicant.
The owner of a building for which a Tenant-Participating
Conversion Application is filed.
Cosigning tenant.
Any tenant agreeing to the conversion by his or her signature
on the Tenant-Participating Conversion Application who has personally
occupied his or her unit continuously for a period of at least six
(6) months prior to the date he or she signs the Tenant-Participating
Conversion Application unless the tenant has an economic relationship
with or is related by blood or marriage to the owner of the building
in which case that tenant must have occupied his or her unit continuously
for a period of at least twelve (12) months prior to the date he or
she signs the Tenant-Participating Conversion Application.
Disabled person.
Any person who is receiving benefits from a Federal, State,
or local government, or from a private entity on account of a permanent
disability that prevents the person from engaging in regular, full-time
employment.
Economic relationship.
Any significant business relationship that a tenant and owner
have with each other including but not limited to employer-employee;
employer-agent, including manager, consultant, and professional or
service contractor; co-owners, not including the natural owner of
fifty percent (50%) or more of the building for which the Tenant-Participating
Conversion Application is filed; owner-investor; partnership; or joint
venturers. The landlord-tenant relationship maintained by the tenant
and owner at the building for which the Tenant-Participating Conversion
Application is filed does not constitute an economic relationship
for purposes of this Article.
Intending to purchase tenant.
Any tenant who has personally occupied his or her unit in
the building continuously for a period of at least six (6) months
immediately preceding the date the tenant signs a Tenant Intent to
Purchase unless the tenant has an economic relationship with or is
related by blood or marriage to the owner of the building in which
case that tenant must have occupied his or her unit continuously for
a period of at least twelve (12) months prior to the date he or she
signs the Intent to Purchase.
Limited equity.
Programs subject to the restrictions set forth in the Health
and Safety Code Section 33007.5 and other programs which limit, to
a similar extent and a similar length of time, the owner’s return
at resale. For purposes of this Article, shared appreciation equity
loans or similar loans shall not be construed to be forms of limited
equity.
Low income households.
Persons and families whose income does not exceed eighty
percent (80%) of the median gross income for Los Angeles County, adjusted
for family size as determined by the Secretary of Housing and Urban
Development and under Section 8(f)(3) of the United States Housing
Act of 1937, as amended, or if programs under Section 8(f) are terminated,
eighty percent (80%) of the median gross income determined under the
method used by the Secretary prior to such termination.
Moderate income households.
Persons and families whose income exceeds eighty percent
(80%) but does not exceed one hundred twenty percent (120%) of the
median gross income for Los Angeles County, adjusted for family size
as determined by the Secretary of Housing and Urban Development and
under Section 8(f)(3) of the United States Housing Act of 1937, as
amended, or if programs under Section 8(f) are terminated, more than
eighty percent (80%) but does not exceed one hundred twenty percent
(120%) of the median gross income determined under the method used
by the Secretary prior to such termination.
Owner.
Any natural person, corporation, trust, partnership, limited
partnership, or association holding title to a Qualifying Building,
including any partner, officer, or shareholder of any entity holding
title.
Participating tenant.
Any tenant, including both cosigning and non-cosigning tenants,
residing in the building at the date of the approval of the Tenant-Participating
Conversion Application.
Price index.
The index for Urban Wage Earners and Clerical Workers, United
States City Average, as published by the United States Bureau of Labor
Statistics, or in the event such index is discontinued any comparable
index.
Tenant intent to purchase.
A form prepared by the City to comply with State law and
which shall be in substantially the following form and substance:
STATEMENT OF TENANT INTENT
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TO PURCHASE
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This is a Tenant Intent to Purchase form that is used to determine
how many tenants want to purchase the apartment units that they currently
are renting.
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Everything that the owner guarantees or promises you in exchange
for your signature, including the sales price, is set forth in writing
in the Tenant-Participating Conversion Application. These promises,
including the promise to sell you the unit for the price stated on
the form, will be made conditions of the approval of the conversion
and the signed form will become public record.
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Signing this form does not mean that you must buy the unit.
It only means that you currently want and intend to buy the unit for
the sales price indicated on the form if you are able to obtain satisfactory
financing and if the application is approved. You should not sign
this form if you do not currently want and intend to buy the unit.
However, it is appropriate to sign this form if you do currently want
and intend to buy the unit.
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IF, AFTER FINAL APPROVAL OF THE CONVERSION, THE OWNER REFUSES
TO SELL THE UNIT AS AGREED OR DEMANDS A HIGHER PRICE, YOU SHOULD IMMEDIATELY
CONTACT THE APPROVING ATTORNEY AND THE CITY ATTORNEY.
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I/We, the undersigned, as tenant(s) of unit at________________,
Santa Monica, California, at the time of filing of the Tenant-Participating
Conversion Application of such property, do certify my/our intent
to purchase my/our occupied Unit No._____
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I/We have seen and received a copy of the Tenant-Participating
Conversion Application which lists the maximum sales prices for all
tenant occupied units in this building and other information on the
Tenant-Participating Conversion Application to be filed with the City
of Santa Monica, and this list indicates that the maximum sales price
for my/our unit is to be $ .
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I/We further understand that this Intent to Purchase Form will
be filed with the City for the purpose of establishing the percentage
of tenants that may be expected to purchase units pursuant to this
Article.
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I/We declare, under penalty of perjury, that all of my/our statements
above are true and correct.
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(Signed and Separately Dated by Intending to Purchase Tenant(s)
and Owner.)
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Qualifying building.
Any building used for residential rental purposes in the
City for which no eviction has occurred pursuant to
Government Code
Section 7060 et seq. (the Ellis Act) within a five (5) year period
prior to the filing of an Application for Tenant-Participating Conversion
and for which no eviction has occurred pursuant to Section 1806(h)
of this Charter (relating to eviction for purposes of owner occupancy
or occupancy by relative of the owner) within a two (2) year period
prior to the filing of an Application for Tenant-Participating Conversion.
A mobilehome park constitutes a building for purposes of this Article.
The 1992 amendments to this Subsection are declaratory of existing
law.
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Related by blood or marriage.
Any tenant who is related to the owner or owner’s spouse
by marriage or blood to within the fourth degree of consanguinity
or is an adopted parent or adopted child of the owner or owner’s
spouse.
Tenant.
Any person who is an authorized tenant of an owner of a residential
rental building for which a Tenant-Participating Conversion Application
is being processed.
Tenant ownership.
Ownership in the form of either condominiums, community apartments,
stock cooperatives, cooperative associations, limited equity stock
cooperatives or any other means authorized under State law.
Tenant’s sales price.
The maximum price for each unit as set forth in the Tenant-Participating
Conversion Application.
(Amended at Municipal Election, November
6, 1990, certified by Res. No. 6943CCS; Special Municipal Election, June 2, 1992, certified by Res. No. 8429CCS)
An application for a Tenant-Participating Conversion shall be
complete if it meets the following requirements:
(a) Identifies
the building, and its owner, which is the subject of the application
and contains a declaration that such building is a qualifying building.
(b) Sets
forth, for each tenant occupied unit, the following sales information:
(1) The maximum sales price for each unit.
(2) If seller financing will be offered, the minimum amount to be financed,
the minimum down payment, the maximum rate of interest and the minimum
term of the loan offered by the seller.
(c) Sets
forth, for each unit, the following common area, maintenance and budget
information:
(1) The plan for the assignment and use of all parking spaces.
(2) The plan for the use of all common area facilities.
(3) The occupancy and management plans and policies.
(4) A list of all repairs and alterations, if any, which will be performed
before the close of the first escrow and a temporary relocation assistance
plan, if any, that will be offered to tenants impacted by the repairs
and alterations while they are being performed. This Subdivision shall
not be construed to mandate a temporary relocation assistance plan
unless otherwise required by law.
(5) The plan for allocating costs and expenses for the building.
(6) A prepared monthly maintenance budget based upon actual maintenance
expenses for at least the preceding two years plus a reserve fund
which states the monthly maintenance assessment for each unit.
(7) The procedures for the allocation and use of such reserve funds.
(d) Contains
a declaration with the following information:
(1) That there has been a building inspection report of the accessible
portions of the entire building, including but not limited to, the
roof, walls, floors, heating, air conditioning, plumbing, electrical
systems or components of a similar or comparable nature, and recreational
facilities of the building prepared by a Building Inspection Service
or similar agency within the preceding four (4) months.
(2) That, for each tenant occupied unit, a written statement setting
forth any substantial defects or malfunctions identified in the building
inspection report regarding the unit and the common areas has been
delivered to the unit or a tenant occupying the unit.
(3) That, for each tenant occupied unit, a copy of the complete building
inspection report has been delivered to the unit or a tenant occupying
the unit.
(e) Sets
forth the form of tenant ownership for which the application is submitted.
(f) Is
signed by cosigning tenants occupying not less than two-thirds (2/3)
of all the residential units in the building and indicates whether
the cosigning tenants have an economic relationship with or are related
by blood or marriage to the owner. If there is more than one tenant
in a unit, the signature of only one tenant shall be required.
For purposes of this Subsection, an owner of the building shall
be deemed a cosigning tenant if: (1) the owner has continuously resided
at the building as his or her principal place of residence for at
least six months prior to the date the owner began to solicit tenant
approval for the TORCA conversion and (2) the building has not previously
been withdrawn from the residential rental business pursuant to Government
Code Section 7060 et seq., unless the owners were tenants in the property
at the time of the withdrawal.
(g) Identifies
the cosigning tenants and the units occupied by such tenants and lists
all other tenants known to the owner in the building and the units
they occupy.
(h) Contains a declaration that the signature of each cosigning tenant was obtained only after the delivery, in writing, to such tenant of the information required in Subsections
(a),
(b),
(c),
(d) and
(e) of this Section.
(i) Contains
a declaration that all lawful notices have been given of the application
for conversion.
(j) Has
attached to the application Statements of Tenant Intent to Purchase,
signed by Intending to Purchase Tenants occupying not less than fifty
percent (50%) of the total number of residential units in the building.
If there is more than one tenant in a unit, the signature of only
one tenant shall be required.
For purposes of this Subsection, an owner of the building shall
be deemed an intending to purchase tenant if: (1) the owner has continuously
resided at the building as his or her principal place of residence
for at least six months prior to the date the owner began to solicit
tenant approval for the TORCA conversion and (2) the building has
not previously been withdrawn from the residential rental business
pursuant to
Government Code Section 7060 et seq., unless the owners
were tenants in the property at the time of the withdrawal.
(k) Contains
a declaration that in obtaining the signatures of cosigning tenants
and intending to purchase tenants, the owner neither offered nor agreed
to pay money or other financial consideration to participating tenants
if the tenants would release all rights that they had to purchase
a rental unit in the building.
(l) Contains
a declaration that in obtaining the signatures of cosigning tenants
and intending to purchase tenants, neither the owner nor the owner’s
agent or representative coerced a tenant to sign by threatening that
the owner, or any successor thereof, would cease operating the property
as residential rental property pursuant to
Government Code Section
7060 et seq. (the Ellis Act) if the proposed conversion of the building
pursuant to this Article did not occur.
(m) Contains
a declaration that no less than forty-five (45) days prior to obtaining
the signatures of cosigning tenants and intending to purchase tenants,
the person intending to gather the requisite tenant signatures notified
all tenants residing at the owner’s property by certified mail
on a form approved by the City of his or her intent to obtain the
signatures and provided these tenants with the informational booklet
prepared by the City discussing the TORCA process, addressing the
tenants’ legal rights and obligations under TORCA, and informing
the tenants of upcoming seminars.
(n) That,
for each tenant occupied unit, a Tenant Intent to Purchase has been
delivered to the unit or a tenant occupying the unit.
(Amended at Municipal Election, November
6, 1990, certified by Res. No. 8121; Special Municipal Election, June 2, 1992, certified by Res. No. 8429CCS)
The following procedures shall be followed in the processing
of a Tenant-Participating Conversion Application:
(a) No
less than forty-five (45) days prior to obtaining the signatures of
cosigning tenants and intending to purchase tenants, the person intending
to gather the requisite tenant signatures shall first notify all tenants
residing at the owner’s property by certified mail on a form
approved by the City of his or her intent to obtain the signatures
and with the notification shall provide an informational booklet to
these tenants prepared by the City discussing the TORCA process, addressing
the tenants’ legal rights and obligations under TORCA, and informing
the tenants of upcoming TORCA seminars. The notification form prepared
by the City shall be in substantially the following form and substance:
NOTICE OF INTENTION TO APPLY FOR
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TORCA CONVERSION
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The owner of your property is interested in applying
for a condominium conversion under the Tenant Ownership Rights Charter
Amendment. Please review the enclosed booklet provided by the City
of Santa Monica for information about your rights and protections
under this process. Included also is a schedule of any upcoming free
seminars sponsored by the City on the TORCA program.
The City requires this notice be sent by certified mail to tenants
forty-five (45) days before signatures of tenant approval in support
of this conversion can be obtained.
(Signed and Separately Dated by the Agent of the Owner)
(b) A Tenant-Participating Conversion Application shall be deemed complete and accepted for filing by the City when it meets the requirements of Section
2002 of this Article.
(c) A
Tenant-Participating Conversion Application shall be submitted to
the City for filing by the owner not less than forty (40) days prior
to the owner’s submittal to the City for filing of any application
for a tentative subdivision map or tentative parcel map under the
Subdivision Map Act of the State of California. No application for
any required tentative subdivision map or tentative parcel map shall
be deemed complete and accepted for filing as provided in this Section
unless the Tenant-Participating Conversion Application has also been
deemed complete and accepted for filing. The Tenant-Participating
Conversion Application may be submitted for filing simultaneously
with the service of the Notice of Intent to Convert required by the
Subdivision Map Act of the State of California.
(d) Within
five (5) days of deeming a Tenant-Participating Conversion Application
complete and accepting it for filing, the City shall send notice to
every tenant in the building stating that a Tenant-Participating Conversion
Application has been filed and that any objections thereto may be
filed with the City within thirty (30) days from the date of the notice.
(e) Upon
deeming the application for any required tentative subdivision map
or tentative parcel map complete and accepting it for filing, or if
no such map is required, at the end of forty (40) days from deeming
a Tenant-Participation Conversion Application complete and accepting
it for filing, the Tenant-Participating Conversion Application and
any required map shall be scheduled for hearing and processed in accordance
with the procedures for the processing of subdivision maps. The City
and the applicant may agree to extend the time periods required for
processing.
(f) Any Tenant-Participating Conversion Application shall be deemed approved subject to the conditions set forth in Section
2004 of this Article if it is not approved or denied within the time periods required by this Section.
(Amended at Special Municipal Election, June 2, 1992, certified by Res. No. 8429CCS)
A tenant can rescind his or her signature on the Tenant-Participating
Conversion Application or the Statement of Tenant Intent to Purchase
as follows:
(a) At any time during the thirty (30) day objection period specified in Section
2003(d) by notifying the City in writing that the tenant rescinds his or her signature on the Tenant-Participating Conversion Application or the Statement of Tenant Intent to Purchase.
(b) If a change in ownership in the building occurs after a tenant has
signed the Tenant-Participating Conversion Application or Tenant Intent
to Purchase and the tenant was not notified in writing prior to signing
these documents that a change in ownership was pending, that tenant
can rescind his or her signature by notifying the City in writing
at any time prior to Planning Commission approval of the Tenant-Participating
Conversion Application unless:
(1) The new owner reobtains the tenant’s signature on a Tenant-Participating
Conversion Application and/or Tenant Intent to Purchase.
(2) These documents are filed with the City. The City shall notify the
tenant within five (5) days of accepting these subsequent documents
for filing.
(c) If a new owner follows the procedure specified in Subsection
(b) of this Section, a tenant can only rescind his or her signature on these subsequent documents by notifying the City in writing within thirty (30) days from the date of City notification of their acceptance for filing, or prior to Planning Commission approval of the Tenant-Participating Conversion Application, whichever occurs first.
(Adopted at Special Municipal Election, June 2, 1992, certified by Res. No. 8429CCS)
A Tenant-Participating Conversion Application shall be approved or denied within the time periods set forth in Section
2003 of this Article and in accordance with the following standards:
(a) A
Tenant-Participating Conversion Application, along with any required
tentative subdivision map or tentative parcel map shall be denied
if the Tenant-Participating Conversion Application fails to meet any
of the requirements of this Article, was the result of fraud, misrepresentation,
or threat or similar coercion, or fails to meet any mandatory requirement
of the Subdivision Map Act of the State of California.
(b) A
Tenant-Participating Conversion Application, along with any required
tentative subdivision map or tentative parcel map, shall be approved
if it meets the requirements of this Article and shall be subject
to the following conditions and no others:
(1) The owner must file with the City written consent to each condition
imposed in connection with the approval of a Tenant-Participating
Conversion Application. The written consent shall be filed prior to
the approval of any required final subdivision map or final parcel
map, or if no such map is required, within six (6) months from the
date of approval of the Tenant-Participating Conversion Application.
The filing of such written consent shall constitute an agreement,
with the City of Santa Monica and each participating tenant, binding
upon the owner and any successors in interest, to comply with each
and every condition imposed in connection with approval of a Tenant-Participating
Conversion Application. The City and any participating tenant shall
have the right to specific enforcement of this Agreement in addition
to any other remedies provided by law.
(2) The owner shall offer and continue to offer the exclusive right to
purchase each rental unit in the building to the participating tenant
thereof upon the terms set forth in the application, without change,
for a period of not less than two (2) years from the date of final
approval by the California Department of Real Estate or the date the
first unit in the building is offered for sale, if no approval by
the California Department of Real Estate is required. Unless a participating
tenant has already provided the owner with written acceptance of the
offer, the Tenant’s Sale Price may be adjusted at the beginning
of the second year according to any change reflected in the Price
Index occurring during the preceding year. Upon the written acceptance
of the offer by the participating tenant at any time within the two
year period, escrow shall open within thirty (30) days from the written
acceptance by the participating tenant. Unless otherwise agreed by
the parties, the period of the escrow shall not exceed sixty (60)
days.
(3) No participating tenant shall at any time after the approval of the
Tenant-Participating Conversion Application be evicted for the purpose
of occupancy by the owner, occupancy by any relative of the owner,
or for demolition of the unit. In the event the participating tenant
does not exercise his or her right to purchase within the time period
set forth in this Article, the owner may transfer the unit without
any price restriction to the participating tenant or any other person.
However, in the event such transfer is to someone other than the participating
tenant, the transfer shall be expressly made subject to the rights
of the participating tenant to continue to occupy the unit as provided
for in this Article.
(4) Each unit shall at all times remain subject to all the terms and conditions of Article XVIII of this Charter, except Section
1803(t), before, during and after any Tenant-Participating Conversion. If any unit is rented, the maximum allowable rent for each unit shall be no greater than the maximum allowable rent allowed under Article XVIII of this Charter.
(5) The building may be required to comply only with the applicable laws,
including the building, safety, and zoning codes, which were in effect
as of the date the building was constructed. No new, additional requirements
including, but not limited to, parking, room size, or interior or
exterior improvements of any kind, may be imposed as a condition,
either directly or indirectly, of the Tenant-Participating Conversion.
Notwithstanding the above, the City may impose reasonable health or
safety requirements consistent with this Article upon such buildings
provided that such requirements uniformly apply to all similar multiresidential
structures in the City of Santa Monica, regardless of the form of
ownership of the building.
(6) Prior to the approval of any required subdivision map or final parcel
map for the Tenant-Participating Conversion, or if no such map is
required, prior to the filing of the written consent required by Subdivision
(b)(1) of this Section, each participating tenant shall be informed
in writing, in a form approved by the City, of his or her rights under
this Article.
(7)
In addition to the protections
of Subdivisions (b)(3) and (b)(4) of this Section:
(A) All non-purchasing Participating Tenants who are senior citizens
or disabled on the date of filing the Tenant-Participating Conversion
Application and who personally occupied a rental unit in the qualifying
building continuously for at least six (6) months immediately preceding
the date of the filing of Tenant-Participating Conversion Application
shall be given the nonassignable right to continue to personally reside
in their unit as long as they choose to do so subject only to just
cause evictions provided that the eviction is not for the purpose
of occupancy by the owner, occupancy by any relative of the owner,
or the demolition of the unit. In addition, should the maximum allowable
rent provision of Article XVIII of this Charter no longer apply, the
rent for each such unit shall be adjusted annually to allow an increase
of no more than the increase in the Price Index plus a reasonable,
pro rata share of capital improvements for the buildings common areas
or agreed to capital improvements for the unit except where prohibited
by Subdivision (b)(12) of this Section. Within sixty (60) days after
the approval of a Tenant-Participating Conversion Application, any
senior citizen participating tenant who is entitled to the protections
of this Subdivision may designate in writing the name of one person
who is entitled to continue living in the rental unit under the same
terms as the senior citizen if the senior citizen predeceases him
or her and if the person designated is residing in the unit at the
time of the death of the senior citizen. The person designated by
the senior citizen must be a lawful occupant of the unit, at least
fifty-five (55) years of age on the date of the filing of the Tenant-Participating
Conversion Application, and must have resided in the unit for a continuous
period of six months prior to the filing of the Tenant-Participating
Conversion Application.
(B) All other non-purchasing Participating Tenants who personally occupied
a rental unit in a qualifying building continuously for at least six
(6) months immediately preceding the date filing the Tenant-Participating
Conversion Application shall be given the nonassignable right to continue
to personally reside in their unit subject only to just cause eviction
for a period of five (5) years from the date the first unit is offered
for sale. No eviction shall be allowed during this time period except
for just cause provided the eviction is not for the purpose of occupancy
by the owner, occupancy by any relative of the owner, or demolition
of the unit. In addition, during this time period, should the maximum
allowable rent provisions of Article XVIII of this Charter no longer
apply, the rent for each unit shall be adjusted annually to allow
an increase of no more than the increase in the Price Index plus a
reasonable pro rata share of capital improvements for the building’s
common areas or agreed to capital improvements for the unit except
where prohibited by Subdivision (b)(12) of this Section.
All rights under this Subsection shall expire upon the termination
of the landlord-tenant relationship between the owner and the participating
tenant entitled to the protection of this Subsection.
For purposes of this Subsection, “Just cause” means one of the reasons set forth in Subdivisions (a) through (g) of Section
1806 of this Charter.
This Subsection shall be interpreted in accordance with Santa
Monica City Attorney Informal Opinion Number 84-57. All amendments
to this Subsection are declaratory of existing law.
(8) Non-purchasing Participating Tenants shall not be subject to eviction
pursuant to
Government Code Section 7060 et seq. (“the Ellis
Act”).
(9) The owner shall pay the Tenant-Participating Conversion Tax in the manner required by Section
2008 of this Article.
(10) No owner shall close the first escrow without completing the repairs and alterations agreed to pursuant to Section
2002(c)(4) of this Article. The time to complete the repairs and alterations may be extended for a period not to exceed ninety (90) days if the tenant purchasing the first unit agrees to the extension and the owner provides a bond approved by the California Department of Real Estate in an amount sufficient to cover the cost of the work yet to be completed. The Building Officer of the City of Santa Monica may authorize a further extension of time to complete the repairs and alterations upon finding that the owner has diligently sought to make the repairs during the initial extension period and that additional time is reasonably required to complete the work.
In addition to any other remedy provided by law, for each consecutive calendar day that an owner fails to complete the repairs and alterations agreed to pursuant to Section
2002(c)(4) in a timely manner, the owner shall be liable to the City in the amount of two hundred and fifty dollars ($250.00) for the first day and one hundred dollars ($100.00) per day for each day thereafter. No penalty imposed under this Subsection shall exceed two (2) times the cost of the repairs or alterations that were not timely completed by the owner, but in no event shall the penalty be less than $250.00.
(11) Prior to the filing and approval of the Tenant-Participating Conversion
Application by the Planning Commission or City Council on appeal,
no participating tenant shall offer or agree to release all rights
that he or she has to purchase a rental unit in the building in return
for receiving money or other financial consideration from the owner.
(12) The maximum allowable rent of non-purchasing Participating Tenants
shall not at any time after the approval of the Tenant-Participating
Conversion Application be increased due to capital expenditures incurred
at the building as listed in the Tenant-Participating Conversion Application
or as conditions of the conversion approved by the Santa Monica Planning
Commission or by the City Council on appeal.
(13) The requirements of this Section shall be set forth in the Declaration
of Covenants, Conditions, and Restrictions, or equivalent document,
and shall specifically name the Participating Tenants in each unit
entitled to the benefits and protections of this Article. The City
shall review and approve for compliance with this Article the Covenants,
Conditions, and Restrictions, or equivalent documents, prior to the
approval of any required final subdivision map or final parcel map,
or if no such map or final parcel map is required, prior to the filing
of the written consent required by Subdivision (b)(1) of this Section.
To the extent applicable, the requirements of this Article shall be
made a part of the rental agreement with the Participating Tenants.
(14) The Declaration of Covenants, Conditions, and Restrictions, or equivalent
document, shall contain a non-discrimination clause in substantially
the following form: “No unit owner shall execute or file for
record any instrument which imposes a restriction upon the sale, leasing
or occupancy of his or her unit on the basis of sex, race, color,
religion, ancestry, national origin, age, pregnancy, marital status,
family composition, handicap, Acquired Immune Deficiency Syndrome
(A.I.D.S.), sexual orientation, or the potential or actual occupancy
of minor children. The association shall not discriminate on the basis
of sex, race, color, religion, ancestry, national origin, age, pregnancy,
marital status, family composition, handicap, Acquired Immune Deficiency
Syndrome (A.I.D.S.), sexual orientation, or the potential or actual
occupancy of minor children.”
(15) The approval of a Tenant-Participating Conversion Application shall
expire if any required final subdivision map or final parcel map is
not approved within the time periods set forth in the Subdivision
Map Act of the State of California, or if no such map is required,
if the written consent required by Subdivision (b)(1) is not filed
within the required time period.
(Amended at Municipal Election, November
6, 1990, certified by Res. No. 8121; Special Municipal Election, June 2, 1992, certified by Res. No. 8429CCS)
The City shall not impose either directly or indirectly any restrictions on the price, terms or conditions of sale or resale of any unit in a Tenant-Participating Conversion except to incorporate the terms and conditions agreed to by the parties in the Tenant-Participating Conversion Application as authorized by this Article. Nothing in this Section shall restrict the City from imposing any conditions or restrictions necessary to continue the form of ownership of units exempt from the tax required by Section
2008. Nothing in this Section shall restrict the City, any other governmental agency, or any other person from making any voluntary loans or other forms of voluntary financial assistance to purchases of units for which a Tenant-Participating Conversion Application has been approved with any terms agreeable to all parties.
No tax or fee other than those expressly set forth in this Article
may be imposed, either directly or indirectly, by the City on a Tenant-Participating
Conversion except the imposition of actual processing or map costs
not to exceed five hundred dollars ($500.00) per unit adjusted annually
by the Price Index.
(Amended at General Municipal Election, November 6, 1984, Res. No. 6943CCS)
Section
1803(t) of this Charter shall not apply to any building for which a Tenant-Participating Conversion Application has been approved. Any provision of any ordinance of the City or any provision of the Municipal Code or any appendix thereto inconsistent with the provisions of this Article, to the extent of such inconsistency and no further, shall not apply to the extent necessary to effect the provisions of this Article. Any general or specific plan of the City inconsistent with this Article shall be amended to the extent necessary to be consistent with this Article, and until such amendment, shall be deemed consistent with this Article.
A Tenant-Participating Conversion Tax is hereby imposed as follows:
(a) There is hereby established a Tenant-Participating Conversion Fund. All of the sums collected pursuant to this Section shall be deposited in the Tenant-Participating Conversion Fund and shall be used only for the purposes set forth in Section
2009 of this Article.
(b) The
Tenant-Participating Conversion Tax shall be paid by the owner to
the City Treasurer on each Tenant-Participating Conversion unit in
an amount equal to twelve (12) times the monthly maximum allowable
rent for the unit at the time the tax is due and payable. If there
is no monthly maximum allowable rent, the tax shall be computed on
the basis of the monthly fair rental value of the unit.
(c) The
Tenant-Participating Conversion Tax shall be due and payable at the
time of approval of any required final subdivision map or final parcel
map, or if no such map is required, at the time of the filing of the
written consent required by Section 2004(d)(1) of this Article. Payment
of the tax may be deferred until sale of the unit by the owner executing
a lien in the form approved by the City. Upon payment of the tax,
or upon a determination that a unit is exempt from the tax in accordance
with Subdivision (d) of this Section, a release of lien shall be filed
by the City with respect to each unit for which the tax has been paid
or which has been determined to be exempt from the tax.
(d) Any
unit subject to limited equity resale provisions shall be exempt from
payment of the tax.
All monies derived from the Tenant-Participating Conversion
Tax shall be annually appropriated by the City Council for only the
following purposes:
(a) To
pay for reasonable and necessary costs of development and administration
of programs required to meet the purposes of this Section. Such monies
shall not be used for costs attributable to the processing of Tenant-Participating
Conversion Applications or to the non-project related administrative
overhead of nonprofit housing development corporations that are acquiring
and rehabilitating, constructing, or providing rental subsidies for
affordable housing in the City.
(b) The revenues derived from Section
2008 that remain after deducting the revenues appropriated pursuant to Subsection
(a) of this Section shall be used as follows:
(1) To assist Low Income Households and Moderate Income Households in
Tenant-Participating Conversions to purchase or improve their units
subject to an affordable repayment plan including interest, keyed
to future income increases. Upon resale of a unit by a household assisted
pursuant to this Subsection, the City shall receive a percentage of
the appreciated value of that unit obtained by the assisted household.
In the case of a direct loan, the percentage of the appreciated value
received by the City shall not be less than the percentage of the
loan to the purchase price for the unit. In the case of a loan made
by a private lender that is guaranteed by the City, the percentage
of the appreciated value received by the City shall not be less than
the percentage of that portion of the loan guaranteed by the City
to the overall loan provided by the private lender.
(2) To assist the City or a nonprofit housing development corporation
to purchase units, for which a Tenant-Participating Conversion Application
has been approved, for lease or resale to Low and Moderate Income
Households, provided that any unit so acquired shall be subject to
limited equity resale provisions.
(3) To assist the City or a nonprofit housing development corporation
to acquire and rehabilitate, construct, aid in the financing of, or
provide rental subsidies for temporary or permanent housing for Low
Income Households.
(Amended at Municipal Election, November
6, 1990, certified by Res. No. 8121; Special Municipal Election, June 2, 1992, certified by Res. No. 8429CCS; General Municipal Election, November 5, 2002,
Measure KK)
Within six (6) months from the enactment of this Article, the
City Council shall study and issue a report on methods available to
the City for assisting Middle Income Households to purchase units
for which a Tenant-Participating Conversion Application has been approved.
If the City Council finds based upon competent factual data
obtained from municipal, State, Federal or other independent sources
of data that the ratio of non-owner-occupied residential units to
owner occupied residential units within the City of Santa Monica has
fallen below the average of such ratio for the State of California,
the City Council is empowered, at its discretion and in order to achieve
the objectives of this Article, to cease accepting new Tenant-Participating
Conversion Applications until the ratio of non-owner occupied residential
units within the City exceeds the average such ratio for the State
of California.
The City Council shall cause to be prepared and supervise a
program to disseminate information about this Article to tenants,
apartment owners and other parties informing each tenant, apartment
owner and other parties of their rights and obligations under this
Article. The City Council shall issue an annual report to include
data on compliance with this Article. Each report shall include data
on the number of applications and the status of each project. The
City Manager shall appoint an advisory committee consisting of two
(2) representatives from landlord organizations and two (2) representatives
from tenant organizations to advise the City concerning the TORCA
educational process including the preparation of materials for the
TORCA informational booklets and the TORCA seminars.
(Amended at Special Municipal Election, June 2, 1992, certified by Res. No. 8429CCS)
Any violation of this Article shall constitute a misdemeanor.
The City Attorney shall supervise and promote educational legal
information concerning civil remedies and civil causes of action which
may be available to persons who feel that their rights have been violated,
including, but not limited to, intentional infliction of emotional
distress, breach of contract, fraud, interference with prospective
economic opportunity, constructive eviction, breach of the covenant
of quiet enjoyment, trespass and other causes of action. The City
Attorney shall refer persons seeking a civil remedy to any referral
agencies or referral panel operating in accordance with the requirements
of the State Bar of California. Any aggrieved party may bring an action
in a court of competent jurisdiction in order to obtain relief for
any violation of this Article.
The expenditure limitation of the City established pursuant to Article XIIIB of the California Constitution is increased, in addition to any other voter-approved increases, for each of fiscal years 1984-85, 1985-86, 1986-87, and 1987-88 by an amount equal to the amount of the monies received in each such fiscal year pursuant to Section
2008 of this Article. The City Council shall place before the voters periodically a measure to increase the expenditure limitation prior to the expiration of the increase authorized by this Section or any subsequent increase so that there is a continuation, to the extent approved by the voters and in addition to any other voter-approved increases, of the expenditure limitation of the City equal to the amount of the taxes derived from Section
2005 of this Article.
The expenditure limitation of the City established pursuant to Article XIIIB of the California Constitution is increased, in addition to any other voter-approved increases, for each of the fiscal years during the four year period beginning June 7, 1988, and ending June 6, 1992, by an amount equal to the amount of the monies received in each such fiscal year pursuant to Section
2008 of this Article.
(Adopted at Special Municipal Election, June 7, 1988, Res. No. 7640CCS)
The expenditure limitation of the City established pursuant to Article XIIIB of the California Constitution is increased, in addition to any other voter-approved increases, for each of the fiscal years during the four year period beginning June 2, 1992, and ending June 1, 1996, by an amount equal to the amount of the monies received in each such fiscal year pursuant to Section
2008 of this Article and by an amount equal to the monies received in previous fiscal years pursuant to Section
2008 of this Article and not yet expended.
(Adopted at Special Municipal Election, June 2, 1992, certified by Res. No. 8429CCS)
The expenditure limitation of the City established pursuant to Article XIIIB of the California Constitution is increased, in addition to any other voter-approved increases, for each of the fiscal years during the four year period beginning March 26, 1996 and ending March 25, 2000, by an amount equal to the amount of monies received in each such fiscal year pursuant to Section
2008 of this Article, and by an amount equal to the monies received in previous fiscal years pursuant to Section
2008 of this Article and not yet expended.
(Adopted at General Municipal Election, March 26,
1996)
(a) No
multifamily residential conversion, whether by condominium, stock
cooperative, community apartment, cooperative apartment, or other
means, shall be approved unless it is approved in accordance with
this Article.
(b) The
General Plan of the City shall at all times contain a provision that
the Tenant Ownership Rights Charter Amendment shall be the only procedure
by which a multifamily conversion may be approved.
(Added at Municipal Election, November 6,
1990, certified by Res. No. 8121)