Chapter 2.380 — HOUSING MEDIATION CONTRACTOR

Pasadena Municipal Code · 2026-09 edition · updated 2026-09-29 · Pasadena

2.380.010 - Short title.¶

This chapter shall be known as the "Housing Mediation Contractor Ordinance."

(Ord. 6229 § 2 (part), 1987)

2.380.020 - Housing mediation contractor.¶

In conjunction with its goal of privatizing non-essential functions now performed by the city, the board wishes to enter into a contract with a private non-profit corporation to perform housing mediation service as defined in this chapter.

(Ord. 6229 § 2 (part), 1987)

2.380.030 - Compensation.¶

The housing mediation contractor shall receive that amount of compensation set forth in the contract executed by the city manager.

(Ord. 6229 § 2 (part), 1987)

2.380.040 - Services and duties.¶

The housing mediation contractor shall perform the following services:

Follow the rules or procedure established by the former housing mediation board for mediations conducted by the contractor. Such rules and all changes or additions thereto shall be submitted to the board for its approval and thereafter filed with the city clerk before becoming effective. No rules may be applied which have not been approved by the board and filed with the city clerk.

Mediate housing disputes between landlords and tenants, and between tenants and tenants, as provided in this chapter.

Develop and maintain resource information on available housing, comparable rents, sources of housing for low and moderate income persons and local agencies providing housing services.

(Ord. 6229 § 2 (part), 1987)

2.380.050 - Mediation process.¶

Initiation of Mediation. Upon receipt of a completed petition for mediation by either a landlord or tenant, a time and place for hearing such petition shall be set.

Initial Step Mediation. Upon order of the housing mediation contractor, an initial mediation hearing may be heard by one designated staff person. If the parties reach agreement at such initial hearing, the terms of the agreement shall be stated in writing and signed by the parties as an agreement terminating the dispute, and the mediation process shall terminate.

Second Step Mediation. In cases where mediation by a single mediator does not result in agreement, a second step mediation hearing shall be held with the executive director of the housing mediation contractor. If the parties reach agreement at such hearing, the mediation shall be terminated and the terms of such agreement shall be stated in writing and signed by the parties as an agreement terminating the dispute. If no agreement is reached in a second step mediation hearing, the mediation process shall terminate and the executive director shall, within 7 days after termination of the hearing, file a brief report summarizing the mediation hearing.

(Ord. 6229 § 2 (part), 1987)

2.380.060 - Public records.¶

All petitions for mediation, agreements reached as a result of a mediation hearing, and all reports and records of mediation hearings shall be public records.

(Ord. 6229 § 2 (part), 1987)

2.380.070 - Retaliatory eviction forbidden.¶

It is declared that the right to institute mediation as provided in this chapter is a protected right contemplated by Civil Code Section 1942.5(c), and the provisions of Civil Code Section 1942.5 forbidding the eviction of tenants exercising their rights described therein, and providing remedies for such wrongful evictions, shall apply to the right of a tenant to request mediation. If a tenant files a petition for mediation, and his landlord willfully fails to participate in the mediation process, such failure may be raised by the tenant as a defense to an unlawful detainer proceeding filed against him by the landlord. This chapter, however, creates no new or different cause of action for retaliatory eviction.

(Ord. 6229 § 2 (part), 1987)

2.380.080 - Report of mediation contractor.¶

The contractor shall submit to the board a report at least annually reviewing the contractor's activities and evaluating the effectiveness of the mediation process. The report may include recommendations for changes in the mediation process which are necessary or proper to increase the effectiveness of the process.

(Ord. 6229 § 2 (part), 1987)

2.380.090 - Role of attorneys—Permitted assistance.¶

No attorney shall take part in any mediation hearing, unless 1 of the following is true:

The attorney is the owner, manager or tenant of the dwelling unit which is involved in the mediation;

The owner, manager or tenant of the dwelling unit involved in the mediation is a partnership in which the attorney is a general partner, and in which all the partners are attorneys;

The owner, manager or tenant of the dwelling unit involved in the mediation is a corporation, and the attorney is an officer or director of the corporation, and all of the officers and directors of the corporation are attorneys.

Nothing in this chapter shall prevent an attorney from rendering advice to a party participating in a mediation hearing, either before or after commencing the mediation process nor shall anything in this chapter prevent an attorney from testifying to facts of which he has personal knowledge about which he is competent to testify. Nothing in this chapter shall prevent the city attorney or any deputy city attorney from advising the contractor or the mediators as to any matter relating to the performance of the duties of the contractor or the mediators.

Any person may be represented by an agent other than an attorney in mediation hearings, provided such agent is granted authority to do so in writing, and the authorization includes authority to enter into a binding settlement of the dispute being mediated.

(Ord. 6229 § 2 (part), 1987)

2.380.100 - Matters not subject to mediation.¶

Any breach of a lease or rental agreement for a dwelling unit, or other act, for which a landlord could issue a 3 day notice; as provided in Code of Civil Procedure Section 1161, subsections (2), (3) and (4), shall not be subject to the provisions of this chapter, and such 3 day notice shall not be invalid or subject to the terms of Section 2.380.130 of this chapter for failure to mediate with the tenant receiving such notice. Any failure to pay a rent increase shall be subject to the terms of subsection A of Section 2.380.120 of this chapter.

The failure of a tenant to quit after giving notice as provided in Code of Civil Procedure Section 1161 subsection (5) shall not be subject to the provisions of this chapter.

(Ord. 6229 § 2 (part), 1987)

2.380.110 - Matters subject to mediation.¶

Any matter relating to the use or occupancy of a rental dwelling unit, other than those set forth in Section 2.380.100 of this chapter, may be mediated at a hearing as provided in this chapter. Such matters include, but are not limited to, all of the following:

Claims that the physical condition of the dwelling unit, or the building or premises within which it is located, is unsatisfactory regardless of whether such conditions are a violation of law or not;

Disputes over deposits;

Clarification of responsibilities of tenants towards other tenants;

Claims that a notice to quit, other than those specified in Section 2.380.100 of this chapter, is retaliatory, wrongful, improper or should otherwise be subject to discussion and mediation between the landlord and tenant.

(Ord. 6229 § 2 (part), 1987)

2.380.120 - Mediation of rent increases.¶

If, within 10 days of the receipt of a notice of an increase in rent, a petition for mediation is filed and served by a tenant of a dwelling unit subject to the rent increases, then a mediation hearing shall be set prior to the effective date of the rent increase. Such rent increase shall not be effective unless or until the landlord's duly authorized agent meets with the tenant requesting mediation at such hearing.

No rent increase shall be invalid or otherwise questioned for failure to reach agreement regarding the increase at a mediation hearing.

Nothing in this chapter shall relieve a tenant of the obligation to pay the rent in effect prior to the receipt of the notice of an increase, whether or not the landlord meets with the tenant at the mediation hearing.

The provision of this section shall not apply to any rent increase established by a written lease which takes effect without the service of a notice.

(Ord. 6229 § 2 (part), 1987)

2.380.130 - Failure to participate in mediation process.¶

Policy. It is the intent and purpose of this chapter to provide a process in which trained mediators may assist disputants in reaching voluntary agreements. Accordingly, except as provided in this chapter, there shall be no penalty or disability, either civil or criminal, for failure to participate in the mediation process, and there shall be no penalty, either civil or criminal, for failure to reach agreement with a disputant in the mediation process.

Failure of Landlord to Participate After Service of Notice to Quit. If, within 10 days after the receipt of a notice terminating a tenancy, other than a 3 day notice as described in Section 2.380.100 of this chapter, the tenant of the dwelling unit subject to such notice files and serves a petition for mediation upon a landlord, such petition shall be set for hearing prior to the date specified in the notice. Such notice shall not be effective, and the tenancy shall not be terminated, unless and until the landlord or the manager or a duly authorized agent attends the mediation hearing with the tenant as provided in this chapter. The failure to reach agreement at such hearing shall not affect the validity of such notice in any way.

Failure of Landlord to Participate After Service of Notice of Rent Increase. The failure to mediate rent increases shall be subject to the provisions of this section.

(Ord. 6229 § 2 (part), 1987)

2.380.140 - Petitions for mediation—Hearings.¶

Petitions for mediation shall be filed with the mediation contractor. Requests shall state the name and address of the party seeking mediation, the name, address and telephone number, if known, of all parties with whom mediation is sought, and a brief statement of the facts giving rise to the dispute. If mediation is requested because of a dispute resulting from the service of a notice of a rent increase or a 30-day or longer notice terminating a tenancy, then the request shall include the date such notice was served, and the date the notice will terminate the tenancy or the rent increase will take effect.

The executive director may specify such other information as may be reasonably required to be included in a petition for mediation.

(Ord. 6229 § 2 (part), 1987)

2.380.150 - Hearing notice.¶

A notice setting the time and place of the mediation hearing shall be prepared and served upon all parties named in the request, along with a copy of the petition initiating the mediation. Such service shall be by mail to the addresses provided in the petition not less than 10 days prior to the hearing.

Service of the notice upon the resident manager on the premises, or upon any person named pursuant to Civil Code Section 1962 shall be deemed to be service upon the landlord.

(Ord. 6229 § 2 (part), 1987)

2.380.160 - Consolidated hearings.¶

Whenever more than 1 request for mediation has been filed with respect to rental units which are under common ownership or management and which are operated as a single housing complex, and which relate to common subject matter, such request may be consolidated for hearing at the contractor's discretion.

Two or more persons may join in a petition for mediation whenever the dispute relates to all of the parties named.

(Ord. 6229 § 2 (part), 1987)

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