Loading...
Ord 2029 - Amending the Los Gatos Town Code Article VIII rental and other tenant/landlord disputes (Sections 14.80.010-14.80.315)ORDINANCE 2029 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE LOS GATOS TOWN CODE ARTICLE VIII, RENTAL AND OTHER TENANT/LANDLORD DISPUTES (SECTIONS 14.80.010 - 14.80.315) THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN: SECTION I Section 14.80.020 of the Town code is amended to read as follows: Section 14.80.020. Definitions. (a) Agent. An individual or organization, or government, designated by the Town Council to administer the ordinance. (b) Arbitrator. A person designated by the manager or the manager's designated representative who is trained to hear disputes under this article and the regulations adopted pursuant thereto and render a decision. (c) Duplex. A building or group of buildings on the same premises, containing not more nor less than two dwelling. (f) Lease /Rental Agreement. An agreement, written, oral, implied in fact, or implied in law, in which a landowner, for compensation, conveys the right to possess land to someone else for a period of time or from period to period. SECTION II Section 14.80.105 of the Town code is amended to read as follows: Section 14.80.105. Retroactive application. (b) No landlord shall be required to refund any rent under this article; however, the mediation agreement or arbitration award may establish a reasonable rent at a decreased level, which may be effective for up to twelve (12) months from the date of the agreement or award. SECTION III Section 14.80.110 of the Town code is amended to read as follows: Section 14.80.110. Stay. Invocation by a tenant or landlord of conciliation under this article shall stay the rent increase complained of, pending resolution of the dispute; provided, that if staff and a mediator determine, based on written findings, that a petition is not covered by the intent and purpose of this article, the stay shall terminate as of the date of the findings. In the case of stay, the tenant shall pay whatever rent increase is determined to be reasonable hereunder, retroactive to the date the original increase proposed by the landlord would have been effective. SECTION IV Section 14.80.205 of the Town code is amended to read as follows: Section 14.80.205. Town service. When either party to a landlord /tenant transaction has a dispute with the other concerning rent, housing services or proposed eviction, the party may seek the services of the Town by filing a written petition for conciliation with the Town or its agent; provided, that in the case of rent disputes, twenty -five (25) percent of the units affected must join in the petition. In all other cases an individual may submit a petition. Petitions must be filed within thirty (30) days after the rental increase takes effect. SECTION V Section 14.80.215 of the Town code is amended to read as follows: Section 14.80.215. Mediation. When a dispute has not been resolved through conciliation, either party may request mediation by applying therefor on a form provided by the Town's agent. SECTION VI Section 14.80.230 of the Town code is amended to read as follows: Section 14.80.230. Right to arbitration. When mediation does not result in an agreement either party may demand arbitration by applying therefore on a form provided by the Town's Agent. The mediator may also initiate arbitration if the mediator concludes that mediation is not feasible. SECTION VII Section 14.80.235 of the Town code is amended to read as follows: Section 14.80.235. Time limit. A demand for arbitration is effective only if it is received by the Town or its agent within twenty (20) days after the date of the last mediation held which left mediation issues unresolved. SECTION VIII Section 14.80.240 of the Town code is amended to read as follows: Section 14.80.240. Arbitration. When a party properly demands arbitration, the dispute shall be heard or received_: under the regulations adopted pursuant to section 14.80.025. SECTION IX Section 14.80.305 of the Town code is amended to read as follows: Section 14.80.305. General standards. The purpose of this article is to permit landlords a fair and reasonable return on the value of their property, while at the same time protecting tenants from arbitrary, capricious or unreasonable rent increases. The determination of reasonableness shall be made with reference to the following standards, unless arbitrator determines that the overall standard of reasonableness requires other standards to be applied in a given case. SECTION X Section 14.80.315 of the Town code is amended to read as follows: Section 14.80.315. Other factors of reasonableness. (a) Increases deemed reasonable. A rent increase is reasonable if the hearing officer determines the following: (1) The rent increase consists of no more than five percent (5 %) of the existing monthly rent plus the pass - through of all or some of the amounts of one (1) or more of the following: (a) The fee imposed under section 14.80.245, (b) Costs of capital improvements, averaged on a per -unit basis and amortized over a period of not less than sixty (60) months; (c) Increased costs of maintenance and operation,; or (d) Costs of rehabilitation; averaged on a per -unit basis and amortized over a period on not less than thirty -six (36) months; and (2). The:'cost figures are established to the reasonable satisfaction of the hearing officer. (3) Each of the costs proposed for passthrough to tenants bears a reasonable relationship to the purpose for which such cost was incurred and the value of the real property to which it is applied. =41111910N This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on April 7, 1997, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on April 21, 1997. This ordinance takes effect thirty (30) days after it is adopted. COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Mayor Joanne Benjamin NAYS: None ABSENT: Jan Hutchins, Linda Lubeck ABSTAIN: None SIGNED: AYOR OF THE T OF LOS GATOS LOS GATOS, CALIFO NIA ATTEST: CLERK OF THE TOWN OF L S GATOS LOS GATOS, CALIFORNIA