Chapter 17.290 — PROHIBITION ON RENTAL HOUSING PRICE GOUGING AND RESTRICTION ON LEASE…

A. After the declaration of a local emergency by the City Council as described by SMC 2.36, it is unlawful for any person, business or other entity to rent or lease or offer to rent or lease any housing unit, of any kind, for a price of more than 10 percent above the price charged for that housing unit immediately prior to a federal, state, or City declaration of a state of emergency in the City of Sebastopol or in Sonoma County as a whole, unless that person, business or entity can prove that the increase in price is directly attributable to additional costs for labor or materials used to provide the rental unit, in which case, the price shall not be more than 10 percent above the total cost of providing that rental unit.

B. After the declaration of a local emergency by the City Council as described by SMC 2.36, it is unlawful for any person, business or other entity to rent or lease a hotel or motel room, or other short term rental unit for more than the 10 percent above the hotel, motel, or other short-term rental’s regular rates, as advertised immediately prior to a federal, state, or City proclamation of the existing of a state of emergency in the City of Sebastopol or in Sonoma County as a whole, unless that person, business or other entity can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in the business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates.

A. After the declaration of a local emergency by the City Council as described by SMC 2.36, it shall be unlawful for any person to evict an existing tenant or terminate an existing lease or month-tomonth rental agreement and subsequently rent or lease the same dwelling unit, for more than the average retail price, unless such person can prove that the excess is directly attributable to additional costs resulting from the labor or materials necessary to provide the rental. In such instances, only the actual cost increase may be added to the average retail price.

B. For purposes of this ordinance, the “average retail price” shall be the rental price for the dwelling unit during the thirty (30) day period immediately preceding the declaration of emergency.

Nothing in this ordinance shall limit, shorten, or otherwise reduce the provisions of Penal Code Section 396.

This chapter may be enacted by City Council ordinance, following declaration of a local emergency, for a maximum initial term of 6 months and may be extended by the City Council for terms up to six months.

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Draft Title 17: Zoning Code