SEC. 28.14. - Statement of purpose.

In order to provide for the housing needs of all economic segments of the community, this article urgently limits the conversion of apartments into condominiums and other types of ownership that could reduce the supply of rental housing.

(Ord. No. 3.22, § 1, 4/12/22.)

As used in this article:

a.

"Apartment" refers to a dwelling in a structure designed or used to house two (2) or more persons or families living independently of each other. Excluded are rental units in hotels, motels, inns, tourist homes, rooming and boarding houses, hospitals and like facilities.

b.

"Apartment complex" refers to the entire parcel of real property or adjacent parcels under single ownership, including at least two (2) apartments and all other structures thereon, all or part of which is rented or leased for residential purposes. Condominiums, condominium projects, community apartment projects and common green subdivisions are not apartment complexes.

c.

The "total number of apartments" shall include all apartments in apartment complexes regardless of whether they are currently occupied. It shall also include apartments that have been proposed or approved for conversion where the conversion has not yet occurred. The only apartments excluded from the total number shall be those not in an apartment complex and those constructed with government funds for disadvantaged persons.

d.

"Conversion" refers to a change in the type of ownership to a condominium, condominium project, community apartment project, common green subdivision or to any other form which might reduce the likelihood that any affected apartment will be rented or leased to the general public for residential purposes.

1.

A conversion does not "occur" until the change in ownership is coupled with the right to immediately possess every affected apartment. In no event shall a conversion be deemed to have occurred until the expiration of one (1) year following notice to affected tenants of the proposed conversion.

e.

A "deficit" in the total number of apartments refers to the number of apartments that must be newly opened for occupancy in order to bring the total number of apartments up to its initial number and, thereby, enable further new apartments to authorize conversions under Section 28.14.10 of this article.

f.

"Application" refers to those documents required by law to be filed with the city in order to initiate approval of a conversion.

g.

"Tenant" refers to a tenant, subtenant, lessee, sublessee or any other person entitled to the use or occupancy of any apartment.

h.

"Landlord" refers to an owner, lessor, sublessor or other person entitled to receive rent for the use or occupancy of any apartment or an agent or successor of any of the foregoing.

i.

A tenant may "legally represent" an apartment only if they are an adult in lawful possession thereof and has obtained the prior written consent to the conversion of any other adult tenants in lawful possession of the same apartment.

(Ord. No. 3.22, § 1, 4/12/22.)

Within thirty (30) days of the effective date of this article, the City of Mountain View city council shall ascertain and formally declare the total number of apartments then existing in the City of Mountain View. That shall be the initial total number. Except as provided in Section 28.14.15 of this article and notwithstanding any other provision of law, no application for conversion shall be filed nor shall any conversion be approved or allowed to occur unless it is publicly documented beforehand that the total number of apartments will not, at any time, be reduced by the proposed conversion to any number below the initial total number.

(Ord. No. 3.22, § 1, 4/12/22.)

Notwithstanding the limitation on conversions imposed by Section 28.14.10 of this article, an application for a conversion may be filed and a conversion may be approved and allowed to occur if such application is accompanied by a petition signed by tenants who legally represent a majority (over fifty (50) percent) of all the apartments in the apartment complex, any part of which is proposed for conversion. The petition shall clearly state that each undersigned tenant irrevocably consents to the specified conversion and that each declares, under penalty of perjury, that their current intention is to purchase one (1) or more of the apartments to be converted. Each undersigned tenant shall write the date of signing, their apartment number or other apartment designation, and the month and year they began lawfully possessing such apartment. To be valid, the entire petition must be filed with the City of Mountain View within sixty (60) days of the earliest date of signing. True copies of all filed petitions shall immediately be made available by the city for public inspection. Nothing in this section shall be construed to require approval of any conversion. Once a conversion authorized by this section is approved, however, it shall create a deficit in the total number of apartments. Such deficit shall equal the number of apartments to be converted.

(Ord. No. 3.22, § 1, 4/12/22.)

All conversions shall be subject to this article except:

a.

Those that have already occurred by the effective date; and

b.

Those that had already received city council approval of the tentative map before the date the notice of intent to circulate the petition calling for this Code was published. (Notice of intent to circulate the petition was published March 26, 1979.)

(Ord. No. 3.22, § 1, 4/12/22.)

It shall be unlawful for any landlord to seek to evict or otherwise penalize any tenant if the landlord is motivated in any substantial part of the tenant's actual or prospective opposition to any conversion. Violation of this section shall constitute a defense to any action to recover possession from the tenant and shall give rise to a cause of action by the tenant for actual damages, injunctive relief and punitive damages in the amount of five hundred dollars ($500.00) or in such greater amounts as is allowed by law. Any waiver of these protections shall be void.

(Ord. No. 3.22, § 1, 4/12/22.)

If any provision of this article or application thereof is held invalid, such invalidity shall not affect any other provision or application of this article which can be given effect without the invalid provision or application, and, to this end, the provisions of this article are declared to be severable.

(Ord. No. 3.22, § 1, 4/12/22.)

ARTICLE X. - MOBILE HOME PARK CONVERSION OR CESSATION OF USE