§ 14.80

This article shall be cited as the Town's Rental Dispute Mediation and Arbitration Ordinance.

(Code 1968, § 24.10.010; Ord. No. 2128, § I, 3-15-04)

(a)

The Council finds that there is a serious and continuous shortage of and increasing demand for housing in the Town. This circumstance, coupled with periodic inflationary pressure, uncertain and changing strength in the surrounding economy, and the rising costs of developing new housing, results in volatile rental rates for residential housing which are often subject to substantial upward pressure.

(b)

This article is necessary in order to protect the health, safety and welfare of the citizens of the Town by meeting the needs created by the housing shortage, including, but not limited to, prevention of excessive and unreasonable rent increases, and the assurance to landlords of a fair and reasonable return on the value of their property.

(Code 1968, § 24.10.015; Ord. No. 2128, § I, 3-15-04)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agent. An individual or organization, or government, designated by the Town Council to administer this article.

Affected tenant. A tenant whose terms and conditions of rental relationship with the tenant's landlord are changed by a proposed rent increase or other change in terms and conditions governed by this article.

Arbitrator. A person designated to act as the hearing officer for the arbitration phase of the dispute resolution process under this article.

Duplex. A building or group of buildings on the same premises, containing not more nor less than two (2) dwellings.

Housing services. Those services provided and associated with the use of occupancy of a rental unit, including but not limited to, repairs, replacement, maintenance, painting, light, heat, water, elevator service, laundry facilities and privileges, janitorial service, refuse removal, furnishings, telephone, parking, and any other benefits, privileges or facilities.

Land. Real property in the technical sense. The meaning of the word includes, but is not limited to, buildings and parking spaces.

Landlord. The person or entity with the legal right to exercise ownership control over rental housing property governed by this article. An owner, lessor, or sublessor, who receives or is entitled to receive rent for the use and occupancy of any rental unit or portion thereof, and the agent, representative, or successor of any of the foregoing.

Landlord/tenant dispute. Any dispute between a landlord or any agent or employee thereof, and a tenant, regarding rent or any other aspect of housing services, provided that the tenant is occupying the premises from which the dispute arises.

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.

Mediator. A person designated to conduct the mediation phase of the dispute resolution process under this article.

Rent. The consideration, including any bonus, benefit or gratuity, demanded or received by a Landlord for or in connection with the use or occupancy of a rental unit, or the assignment of a lease for such a unit, including housing services or subletting.

Rental unit. Any building or part of a building which is used for residence, or any mobile home owned by a mobile home park owner, and which is rented to a tenant as a dwelling place, except:

(1)

A rental unit located in a building or group of buildings on the same premises containing only one (1) dwelling unit;

(2)

A room in an owner-occupied dwelling where under the lease provisions the tenant does not have the substantially exclusive use of the kitchen;

(3)

A single house, condominium unit, or planned development (Business and Professions Code § 11003) unit;

(4)

A hotel room or similar accommodation ordinarily let for occupancy by the same tenant for periods of less than thirty (30) days;

(5)

A hospital room, skilled nursing facility, or similar accommodation where the main factor in the rental relationship is the personal care given to the tenant;

(6)

A dwelling owned, operated, or managed by a government agency or which is exempted by state or federal law from rent regulation;

(7)

Mobile homes located in mobile home parks and not owned by the mobile home park owner.

Rent increase. Any additional rent due or paid by a tenant for a rental unit, including any reduction in housing services without a corresponding reduction in the moneys demanded or paid by rent.

Tenant. A person who is legally entitled to occupy all or part of a rental property subject to this article at the time any issue or right under this article arises.

Voluntary vacancy. For the purpose of this article, a vacancy is voluntary under any of the following circumstances:

(1)

A voluntary choice by a tenant to vacate the rental unit.

(2)

The tenant is evicted by a court for non-payment, chronically late payment, or other material violation of a written rental agreement.

(3)

A tenant moves out pursuant to a three (3) day notice from the landlord or landlord's agent to pay rent or vacate the rental unit.

(4)

A tenant moves out pursuant to a three (3) day notice from the landlord or landlord's agent to comply with a covenant of the rental agreement or move out. If a tenant moves after receiving a thirty (30) or sixty (60) day notice from the landlord, it is not a voluntary vacancy.

(5)

A voluntary vacancy occurs when one (1) of the roommates gives a notice to vacate and there is a written agreement to the effect between the tenant and landlord that a notice to vacate submitted by one (1) tenant is binding on all of the tenants, and is a voluntary vacancy within the meaning of this article.

(6)

A voluntary vacancy occurs when any one (1) tenant vacates the rental unit without notice and the written agreement between the tenant and landlord provides to the effect that a failure to give notice to vacate is a breach of the agreement, is binding on all of the tenants, and is a voluntary vacancy within the meaning of this article.

(Code 1968, §§ 24.20.015—24.20.055; Ord. No. 1917, § II, 10-19-92; Ord. No. 1972, § I, 3-21-94; Ord. No. 2029, § I, 4-21-97; Ord. No. 2128, § I, 3-15-04; Ord. No. 2320, § III, 9-7-21)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

The Town Council may adopt regulations to assist in implementing this article.

(Code 1968, § 24.10.025; Ord. No. 2128, § I, 3-15-04)

No landlord shall increase the rent of any tenant in an amount which is unreasonable. The factors to be considered in determining whether a rent increase is reasonable are set forth in division 4 of this article, and may be described in greater detail in regulations adopted pursuant to this article.

(Code 1968, § 24.30.010; Ord. No. 2128, § I, 3-15-04)

(a)

Possession of a rental unit shall not be recovered by a landlord from a tenant who is not otherwise in default as to the terms of occupancy of such unit if either:

(1)

The landlord's predominant reason for seeking to recover possession of such rental unit is retaliation against the tenant for exercising the tenant's rights pursuant to this article; or

(2)

The predominant motive of the landlord in seeking to recover possession of such rental unit is to evade the purposes of this article.

(b)

When an eviction occurs within one hundred eighty (180) days of the tenant's exercise or reasonable attempt to exercise rights provided by this article, if the tenant shows that the landlord knew at the time of eviction of the tenant's conduct in relation to this article, the eviction is presumed to be retaliatory. This presumption applies in judicial proceedings and is one which affects the burden of producing evidence.

(Code 1968, § 24.30.020; Ord. No. 2128, § I, 3-15-04)

(a)

In order for a notice of rent increase to be valid, the landlord must:

(1)

Serve, with the notice of proposed increase, written advice to the affected tenants of their right to petition for dispute resolution under section 14.80.205. Said written advice must include the name and current telephone number of the designated agent administering this article for the Town; and

(2)

Respond in writing within thirty (30) days to a written request made by any affected tenant for the names and apartment numbers of all tenants receiving increase notices for the same month as the tenant making the request by disclosing said information, provided that such request is made by an affected tenant within thirty (30) days after the rent increase notice.

(b)

Failure to provide the notice in the form specified above or in a form which provides substantially the same information, or failure to provide a timely response to a request for affected tenants, shall render the notice of proposed increase invalid. A notice which fails to meet any remaining requirements which may be established by corresponding regulations that may be adopted waives the sixty (60) day limit herein and permits a petition to be filed within six (6) months of the applicable rent increase or other event giving rise to the dispute.

(c)

A reissued notice to correct the notification requirement shall not exceed the amount of the previous rent increase notice.

(Code 1968, § 24.30.030; Ord. No. 2128, § I, 3-15-04)

(a)

The provisions of this article shall apply to duplexes only as follows:

(1)

Tenants and landlords of duplexes are entitled to the resolution services provided in division 3 (sections 14.80.205 and 14.80.210) below; and

(2)

A regulatory fee shall be imposed on each rental unit pursuant to that division.

(b)

Duplexes shall not be eligible for mediation or arbitration services.

(c)

Section 14.80.310 shall not apply to duplexes.

(Ord. No. 1972, § II, 3-21-94; Ord. No. 2044, § I, 5-4-98; Ord. No. 2068, § I, 9-7-99; Ord. No. 2128, § I, 3- 15-04)

Secs. 14.80.050—14.80.100. - Reserved.