Ord 1449 - URGENCY ORDINANCE OF THE TOWN OF LOS GATOS REGULATING THE RENT FOR DWELLINGSORDINANCE NO. 1 449
URGENCY ORDINANCE OF THE TOWN OF
LOS GATOS REGULATING THE RENT FOR
DWELLINGS
The Town Council of the Town of Los Gatos makes the
following findings.
There is a serious shortage of dwellings for rent in
Los Gatos and surrounding communities. Many people who need
to live in the Los Gatos area are unable to afford to buy
houses and unable to find or afford rental housing. Because
of the shortage it is possible for landlords to increase rents
substantially above amounts which would yield a reasonable
return on investment. Such increases have occurred, and in
some instances have forced tenants of small means -- people who
have had great difficulty finding other living quarters anywhere --
to leave the Town.
The Town Council is considering the questions of whether
to adopt a, residential rent control ordinance, and if an ordinance
is to be adopted, what form it should take. While the matter of
rent control is under consideration further rent increases are
likely. Some of the increases would exceed reasonable limits
compelling some tenants to leave the Town and imposing hardship
on others.
A rental emergency exists in the Town, and it is necessary
to adopt this ordinance as an urgency ordinance.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS
FOLLOWS:
SECTION 1 Definition of Rental Dwelling
For the purpose of this ordinance, rental dwelling means
a building or part of a building used for residence or a mobile
home space, but does not mean:
1.1 A single house on a separate lot, a,
condominium unit or a town house,
1.2 A hotel room or similar accommodation
ordinarily let out for occupancy by
the same person or persons for periods
of less than 15 days,
1.3 A hospital room, extended medical care
facility or similar accommodation where
the primary factor in the rental relation-
ship is the personal care given to the
tenant.
SECTION 2. Rent Limit
During the period November 20, 1979 through Februa:r..y° 20,
1980 no person may charge more tent for a, rental dwelling than
the rent which was in effect on November 1, 1979.
SECTION 3 Exemption for Escalation Clauses
When a rental dwelling lease in effect before November 1,
'1979. contains a specific escalation clause, rent increases provided
for by the lease are not forbidden by this ordinance.
SECTION 4 Definition of Eviction
For the purposes of this ordinance, eviction means any
giving up of or departure from a rental dwelling by a tenant at
the instance of the landlord or his representative regardless of
the cause.
SECTION 5. Exemption for Vacated Dwellings
When a rental dwelling is voluntarily vacated and the
landlord - tenant relationship is terminated by the tenant -- that
is, when the tenant gives up possession for a reason other than
eviction -- the rent limit provisions of this ordinance do not
apply, and the rental dwelling may be relet.
-2-
1115 -79j
SECTION 6 Exemption for Limited Class of Dwellings
on Sale
If a, rental dwelling is the subject of a binding contract
of sale in effect on November 19, 1979, and if the rent for the
dwelling was not raised during the period November 19, 1978
through November 19, 1979, when the sale occurs the new owner
may increase the rent but not by more than 15 per cent of the rent
in effect on November 19, 1979.
SECTION 7 Penalty
Violation of this ordinance is a misdemeanor.
SECTION 8
This ordinance is an urgency ordinance and is effective
immediately on its adoption. If this ordinance is determined in
a final adjudication to be ineffective as an urgency ordinance, it
is nevertheless introduced and readopted as a regular ordinance of
the Town, effective 30 days after its second adoption.
SECTION 9
Toe Town Clerk shall cause this ordinance to be published
twice, once within 15 days after its initial adoption and once
within 15 days after its second adoption, in a newspaper of general
circulation published and circulated in the Town.
Introduced as a regular ordinance and adopted as an urgency
-3-
11- 16 -79j
ordinance of the Town of Los Gatos at a regular meeting of the
Town Council on November 19 , 19 79
AYES: COUNCILMEMBERS Ruth Cannon, Thomas J. Ferrito
Mardi Gualtieri and Peter Siemens
NOES: COUNCILMEMBERS John B. Lochner
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SIGNED
ATTEST:
C1er , Town of Los Gato
if
yor, Town of Los Gatos
Adopted as a, regular ordinance of the Town of Los Gatos at a
regular meeting of the Town Council held on December 3, 1979
by the following vote:
AYES: COUNCILMEMBERS Ruth Cannon., Thoma J. Ferrito, Mardi Gualti
Peter W. Siemens and John B. Lochner
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SIGNED: L L %� X . C .
Ma v r of the`Tdwn of Lbw Gatos
ATTEST -
Clerk, 'Town. of Los Ga.to
-4-
11- 16 -79j