Ord 1573 - URGENCY ORDINANCE AMENDING CHAPTER 24 OF THE TOWN CODE TO INCORPORATE RECOENDATIONS OF TENANT /LANDLORD TASK FORCEti
ORDINANCE NO. 1573
URGENCY ORDINANCE AMENDING CHAPTER 24 OF THE TOWN CODE
TO INCORPORATE RECOENDATIONS OF TENANT /LANDLORD TASK FORCE
The Town Council of Los Gatos hereby ORDAINS:
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Section 24.40.010 of the Town Code is amended to read as follows:
" Sec. 24.40.010 Town. service
When either party to a landlord /tenant transaction has a dispute with the
other concerning rent, housing services or proposed eviction, he may seek the ser-
vices 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 percent of
the units affected must join in the petition. No petition may be filed later than
thirty days after the rental increases take effect; provided, that petitions dealing
with rent increases effective on or after July 1, 1980, and prior to the effective
date of the ordinance codified in this chapter, may be made within thirty days
after the effective date of the ordinance codified in this chapter."
SECTION 2.
Section 24.40.015 of the Town Code is amended to read as follows:
" Sec. 24.40.015 Conciliation
The town or its agent will provide conciliation services to parties engaged
in landlord /tenant disputes. Conciliation in this sense is limited intervention
in the dispute, using letters and telephone and personal conversation to attempt to
explain to each party the position of the other and to urge rational agreement."
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Section 24.70.015(1) is amended to read as follows:
"(1) Exemptions. The first rent increase after the following events shall
be exempt fran this chapter:
"(a) Construction of a new unit.
(b) A voluntary vacancy.
(c) Eviction of a tenant by a court for non - payment or other material
violation of a written rental agreement."
SECTION 4.
Subparagraph (3) of Section 24.70.015 is amended to read as follows:
"(3) Amount of Annual Increase. Annual rent increases shall not exceed the
70% CPI ceiling unless the Hearing Officer determines that other factors render a
larger increase reasonable. CPI is the Consumer Price Index - All Urban Consumers
for the,San Francisco - Oakland Area.. The most recent CPI is the bi- monthly figure
most recently available from the Bureau of Labor Statistics. The 70% CPI ceiling
is an amount arrived at by adjusting the current rent to reflect 70% of the most
recent annual average change in the CPI."
SECTION'5.
Section 24.70.020(2) is amended to read as follows:
"(2) When Costs of Debt Service Deemed To Be Reasonable. Eighty percent
of the increased costs of debt service arising from that proportion of the aggre-
gate amount of debt not exceeding seventy percent of the value of the property, as
established by a lender's appraisal, shall be deemed reasonable and allowed by
the Hearing Officer to be passed through to tenants; provided, the Hearing Officer
finds that that debt is a secured, arms- length transaction. Where no lender's
appraisal is available, the Hearing Officer may secure such appraisal to be paid
for by the landlord as a cost of maintenance and operation."
SECTION 6.
Section 24.10.025 is added to the Town Code as follows:
" Sec. 24.10.02
Regulations
The Town Council may adopt regulations to assist in implementing this chapter."
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CT;'r'rPT()NT '
It is necessary for the immediate preservation of the public peace, health
and safety that this ordinance take effect immediately, for the following reasons:
1. Arbitration before the American Arbitration Association has proven so
expensive that it is not a practical remedy under the ordinance.
2. There are several arbitrations pending, and fairness to the parties
requires that the issues be resolved quickly, instead of waiting 45 days until a
normal ordinance would become final.
3. For the sake of consistency, it is essential that the recommendations of
the Rent Advisory Committee be implemented immediately, so that disputes will not
be settled under one set of rules now and another set of rules 45 days later.
C!Pr"PTr)NT Q
This ordinance takes effect immediately upon its adoption. Within 15 days
after this ordinance is adopted, the Town Clerk shall cause it to be published once
in a newspaper of general circulation published and circulated in the Town.
This ordinance was adopted by the following vote as an urgency ordinance
of the Town of Los Gatos at a regular meeting of the Town Council on March 21, 1953.
AYES: COUNCIU04BERS Joanne Benjamin, Terrence J. Daily,
Thomas J Ferrito and MarQ� J. Rasmussen
NOES: COUNCIUvEMBERS None
ABSTAIN: COUNCIUvalBERS Mayor Brent N Ventura
ABSENT: COUNCRIAEMBERS None
SIGNED:
ATTEST:
Clerk of the Town of LPC Gatos
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