ORDINANCE 3148

effective March 31, 2016


PLEASE TAKE NOTICE:

If you have served or received a notice of termination for “no cause” on or after May 3, 2017, please read the following Notice carefully. Contact John Le of the City Attorney’s Office at (510) 747-4765 or jle@alamedacityattorney.org with any questions.

ON MAY 17, 2017, THE CITY COUNCIL INTRODUCED AN ORDINANCE AMENDING ORDINANCE NO. 3148. IN PERTINENT PART, THE CITY COUNCIL VOTED TO REMOVE “NO CAUSE” AS A PERMISSIBLE GROUNDS FOR TERMINATING A TENANCY UNDER SECTION 6-58.140.A OF THE ALAMEDA MUNICIPAL CODE. IN ADDITION, THE CITY COUNCIL ALSO ADDED A PROVISION THAT WOULD RENDER “NULL AND VOID” ANY ACTION BY A LANDLORD TO TERMINATE A TENANCY FOR “NO CAUSE” BETWEEN MAY 3, 2017 AND THE EFFECTIVE DATE OF THE ORDINANCE AMENDING ORDINANCE NO. 3148. THE EFFECTIVE DATE OF THIS ORDINANCE IS EXPECTED TO BE 30 DAYS FROM JUNE 6, 2017 (SCHEDULED DATE OF ADOPTION), OR JULY 6, 2017.

Accordingly, if the City Council adopts the ordinance amending Ordinance No. 3148 on June 6, 2017, and the ordinance becomes effective, beginning July 6, 2017:

1)     Any notice of termination for “no cause” served on a tenant on or after May 3, 2017, shall be rendered null and void.

2)     Landlords must refrain from taking action to terminate any tenancy for “no cause,” including, but not limited to, making a demand for possession of a Rental Unit, threatening to terminate a tenancy, bringing or continuing to prosecute any action to recover possession or be granted possession of a rental unit, etc.

RESOURCES

OVERVIEW

RENT INCREASES

  • There can only be one rent increase in a 12 month period.
  • There is no cap on rent increases
  • Rent increases above 5%: Landlords must file a notice with the Program Administrator
    • Rent increases above 5% are subject to review by the Rent Review Advisory Committee.
    • If a Landlord or Tenant disagrees with the Rent Review Advisory Committee decision, and the rental unit is a multi-family rental unit built before February 1995, either party may file a petition to have the rent increase determined by a neutral hearing officer whose decision is legally binding on the parties. For all other rental units, the Rent Review Advisory Committee’s decision is non-binding.
  • Rent increases at or below 5%
    • Tenants may request a review by the Rent Review Advisory Committee.  The Committee’s decision is non-binding.

TERMINATIONS

  • For Cause Evictions
    • Evictions are permitted for certain causes, such as failure to pay rent, breach of the lease
    • No relocation fees are required for such eviction and there is no limitation on the rent for a new tenant
  • No Fault Evictions
    • Evictions are permitted for no fault of the tenant, such as an owner move-in, demolition, or no cause
    • Relocation fees are required
    • No Cause Evictions are permitted
      • Relocation fees are required and the rent offered to the new tenant cannot be more than 5% greater than the prior tenant’s rent
      • Only a limited number of “no cause” evictions are permitted each year