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.
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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