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San Mateo County, CA November 3, 2009 Election
Measure N
Rent Stabilization
City of East Palo Alto

Majority Approval Required

See Also: Index of all Measures

Information shown below: Summary | Official Information | Impartial Analysis | Arguments |

Shall the Rent Stabilization and Just Cause for Eviction Ordinance - which would repeal the City's existing rent stabilization ordinance with respect to residential tenancies other than mobile home park space tenancies and adopt and new procedures to establish permissible rent levels, protect residential tenants from unreasonable rent increases and from arbitrary discriminatory evictions, and assure landlord's right to a fair return on their property - be adopted?

Summary:
NOTE: This ballot measure has been removed from the ballot by court order. http://www.shapethefuture.org/press/2009/mercurynews091709.asp

Official Sources of Information

Impartial Analysis from City Attorney of the City of East Palo Alto
The proposed ordinance repeals the existing East Palo Alto Rent Stabilization and Just Cause for Eviction Ordinance. The proposed ordinance incorporates changes in state law and updates procedures regarding permissible rent levels, just cause for eviction, and fair eturn adjustments for landlords. It contains the following:

Annual General Adjustment. The base rent ceiling for each rental unit eligible for an annual adjustment would be increased by 65% of the increase in the prior year's CPI for All Urban Consumers (CPI-U) in the San Francisco-Oakland-San Jose area. The allowable increase is limited to once yearly and is an increase over the current rent. The rent ceiling could not be reduced by the annual adjustment.

Rent Ceiling: The base rent is set at the tenant's move-in rent.

Banking of Rent Increases: Banking of annual general adjustments is authorized but is limited to 10% in any one year. Landlords are required to provide annual notification of any banking rights in order to preserve these rights.

State Vacancy Decontrol: The requirements of the Costa-Hawkins Act are incorporated.

Exemptions: The exemption of units owned by owners with four or less units is replaced by an exemption that is limited to units in owner-occupied duplexes and triplexes. An exemption for roommates has been added.

Fair Return Adjustments: The fair return adjustment procedure for landlords is updated. An interest allowance for amortized capital improvement expenditures is authorized.

Just Cause for Eviction: Landlords are required to give tenants notice of an alleged violation of a lease and a reasonable opportunity to cure the violation before s erving a three-day notice to quit. Limit evictions for repairs to those required to meet codes and applicable laws and costing more than 8 times the monthly rent and requires at least 30 days to complete and limits certain owner move-in evictions.

Registration and Certification: The Rent Board is required to provide a certificate of permissible rent upon written request by a landlord or tenant. Landlord is required to: register yearly, provide the City information on existing ternancies and notice of any new tenancy, and provide tenants notice of their rights under the ordinance.

  News and Analysis

San Jose Mercury News
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Arguments For Measure N Arguments Against Measure N
Let's keep our community affordable for seniors, working families, our children, and our future.

Since 1984, East Palo Alto has had rent stabilization, adopted to protect residents against unjust rental practices by those who cared most about profit, not community. Voters overwhelmingly approved the current Rent Stabilization and Eviction for Good Cause Ordinance (RSO) in 1988.

However, since 1988, state laws have changed. The RSO must now change, too, if it is to remain most effective.

For over 20 years, the RSO has protected tenants by restricting unfair rent increases, and protected landlords by guaranteeing a fair return on investment. It has helped local businesses by preserving scarce affordable housing for our workers and protected the fabric of our community by encouraging long-term residency.

Measure N continues our City's tradition of fairness. It modernizes the RSO while discouraging irresponsible property speculation, protecting tenants from displacement, and guaranteeing property owners' the right to a fair return.

Measure N will:

  • protect tenants against unfair rent increases

  • protect tenants against arbitrary, discriminatory, or retaliatory evictions

  • preserve landlords' right to a fair return

  • encourage stable tenancies and responsible ownership practices

  • exempt single-family homes and owner-occupied small properties

  • offer flexibility to landlords by introducing limited rent increase banking

  • expand eligibility to serve on the Rent Stabilization Board

  • align the City's ordinance with changes in state law

  • protect the City and its taxpayers against unfair litigation tactics by unscrupulous absentee landlords.

The City Council placed Measure N on the ballot after extensive public input from tenants, homeowners, and landlords. The revised RSO is endorsed by the City Council, tenants, homeowners, landlords, and housing activists.

Vote YES on Measure N - help keep our City strong.

/s/ Ruben Abrica, Mayor

/s/ Robert "Bob" Hoover

/s/ Lawrence C. Goode, Father

/s/ William Webster

None Submitted


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