City Council Adds New Provisions To Tenant Code

Carolanne Sudderth
Mirror Staff Writer

The Santa Monica City Council reiterated its support for tenants' when it voted 6-0 (Bob Holbrook was absent) to insert additional protections into the city’s tenant harassment ordinance Tuesday night. With the full implementation of Costa-Hawkins and vacancy de-control, the incidence of renovation on existing multi-family rental housing has escalated markedly, as have tenant complaints about the negative effects of rehab.

The additions to the harassment ordinance address the problems that tenants in buildings Undergoing renovation may encounter. Under the new ordinance, when a property owner files for a construction permit, he will have to indicate whether or not the building is tenant-occupied.

If so, and the construction could affect habitability, the owner will be required to submit a “construction means and method report” to the Department of Building and SafetyLandlords are now required to give notice to tenants if certain amenities will be in less than perfect operating condition for more than one day.

Included in the list are heating, plumbing, toilets, kitchen sinks, electricity, and the condition of structural elements like floor members. Tenants must also be given a detailed schedule of the repairs to be undertaken, as well as a statement that the construction will not result in the tenant’s eviction and information on tenants’ rights to seek mitigation from property owners for nuisance conditions such as dust, noise, vibrations. Per the ordinance, mitigation measures can include rent reductions, quiet office space for people working out of their homes, or temporary lodging.

Under the ordinance, the type of accommodation is dependent upon the length of time the tenant is discommoded. For 30 days or less, the tenant must be relocated to a motel or hotel which “is safe, sanitary, and located in Santa Monica.”

The landlord is responsible for the full cost of the temporary accomodations and for supplying the tenant with vouchers for food, laundry, and pet care during the time the tenant is displaced.

When the period is 30 days or longer, the temporary abode shall be rental housing. In addition, the landlord is responsible for all moving costs, and for insuring the tenants' property while it's in transit.