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John Nolte
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Notice of Intent to Circulate Petition, Notice is hereby given by the persons whose names appear hereon of their intention to. circulate the petition within the City of Pomona for The Pomona Housing Stabilization Fair. Rent and Homeowner Protection Ordinance,Respectfully. John Nolte,1037 Arroyo Park Drive,Pomona CA 91768,John Nolte Date. Yesenia Miranda Meza,554 Curran Place Apt C,Pomona CA 91766. Yesenia Miranda Meza Date,CERTIFICATION PURSUANT TO CA ELECTIONS CODE 9608.
I acknowledge that it is a misdemeanor under state law. Section 18650 of the Elections Code to knowingly or willfully allow the signatures on an. initiative petition to be used for any purpose other than qualification of the proposed measure for. the ballot I certify that I will not knowingly or willfully allow the signatures for this initiative to. be used for any purpose other than qualification of the measure for the ballot. John Nolte,1037 Arroyo Park Drive,Pomona CA 91768,Dated this of March 2018. CERTIFICATION PURSUANT TO CA ELECTIONS CODE 9608, I acknowledge that it is a misdemeanor under state law. Section 18650 of the Elections Code to knowingly or willfully allow the signatures on an. initiative petition to be used for any purpose other than qualification of the proposed measure for. the ballot I certify that I will not knowingly or willfully allow the signatures for this initiative to. be used for any purpose other than qualification of the measure for the ballot. Yesenia Miranda Meza,554 Curran Place Apt C,Pomona CA 91766. Dated this of March 2018, The People of the City of Pomona do hereby create Chapter 20 of the Pomona City. Code which may be referred to as The Pomona Housing Stabilization Fair Rent. and Homeowner Protection Ordinance and which shall read as follows. Chapter 20 HOUSING STABILIZATION FAIR RENT HOMEOWNER. PROTECTION,ARTICLE I IN GENERAL,Sec 20 1 Title and purpose.
Sec 20 2 Findings,Sec 20 3 Definitions,Sec 20 4 Exemptions. ARTICLE II HOMEOWNER PROTECTIONS, Sec 20 5 Certain single family homes and accessory dwelling units. Sec 20 6 Temporary rentals allowed,Sec 20 7 Renting of a room unregulated. ARTICLE III TENANT PROTECTIONS,Sec 20 8 Just cause for eviction protections. Sec 20 9 Tenant protections during foreclosure,Sec 20 10 Relocation Assistance.
Sec 20 11 Right of return and first right of refusal. Sec 20 12 Required notice for withdrawal of Rental Units from rental. housing and regulation of property on re offer of rent or lease. after withdrawal,Sec 20 13 Posting of notice,Sec 20 14 Security Deposits. Sec 20 15 Retaliation is barred,Sec 20 16 Harassment is prohibited. Sec 20 17 Notice to specify basis for termination, Sec 20 18 Notice of the existence of this Chapter required at. commencement of tenancy,Sec 20 19 Landlord compliance with this Chapter. Sec 20 20 Filing termination notices with Rent Board. Sec 20 21 Non waivability,Sec 20 22 Failure to comply.
ARTICLE IV STABILIZATION OF RENTS,Sec 20 23 Rents stabilized. Sec 20 24 Rent increases regulated, ARTICLE V RENT INCREASES PURSUANT TO ANNUAL GENERAL. ADJUSTMENT,Sec 20 25 Annual General Adjustment,Sec 20 26 One Rent increase per year. Sec 20 27 Notice of Rent increase required, Sec 20 28 Required notice to increase Rent or change other terms of. Sec 20 29 Conditions under which Rent increase not permitted. ARTICLE VI INITIAL RENTS FOR NEW TENANCIES, Sec 20 30 Setting of initial Rents without restriction.
Sec 20 31 Restrictions on initial Rent for new tenancies. Sec 20 32 Rent increases after setting an initial Rent. ARTICLE VII TENANT BUYOUT NOTIFICATION PROGRAM,Sec 20 33 Purpose. Sec 20 34 Disclosure notice,Sec 20 35 Buyout Agreement requirements. Sec 20 36 Cancellation of Buyout Agreement, Sec 20 37 Filing executed disclosure notice and Buyout Agreement. Sec 20 38 Affirmative defense,Sec 20 39 Private right of action. ARTICLE VIII POMONA RENTAL HOUSING BOARD,Sec 20 40 Created.
Sec 20 41 Appointment composition and eligibility,Sec 20 42 Application. Sec 20 43 Powers and duties,Sec 20 44 Rules and regulations. Sec 20 45 Meetings,Sec 20 46 Quorum,Sec 20 47 Voting. Sec 20 48 Compensation,Sec 20 49 Financing,Sec 20 50 Rental Housing Fee. Sec 20 51 City to advance initial funds, Sec 20 52 Integrity and autonomy of the Rent Board.
Sec 20 53 Rent Board legal work,Sec 20 54 Conforming regulations. Sec 20 55 Conflict of interest,Sec 20 56 Interim authority for implementation. ARTICLE IX PETITIONS FOR INDIVIDUAL RENT ADJUSTMENT. Sec 20 57 In general, Sec 20 58 Petition for upward adjustment fair return. Sec 20 59 Petition for downward adjustment,Sec 20 60 Procedures for Petitions. ARTICLE X JUDICIAL REVIEW RIGHTS TO ACTION REMEDIES. DEFENSES JURISDICTION,Sec 20 61 Judicial review,Sec 20 62 Civil suit.
Sec 20 63 Rent Board or City Attorney enforcement action. Sec 20 64 Enforcement and injunctive relief,Sec 20 65 Remedies. Sec 20 66 Defenses to actions to recover possession. Sec 20 67 Remedies not exclusive,Sec 20 68 Jurisdiction. ARTICLE XI GENERAL PROVISIONS,Sec 20 69 Severability. Sec 20 70 Supersession,Sec 20 71 Codification,Sec 20 72 Duty to defend. Sec 20 73 Majority approval effective date execution. ARTICLE I IN GENERAL,Sec 20 1 Title and purpose, This Ordinance shall be known as the Pomona Housing Stabilization Fair Rent.
and Homeowner Protection Ordinance The purpose of this Ordinance is to promote. neighborhood and community stability healthy housing and affordability for. renters in the City of Pomona by regulating excessive rent increases and arbitrary. evictions to the maximum extent permitted under California law while ensuring. Landlords a fair return and guaranteeing fair protections for renters and. homeowners,Sec 20 2 Findings,The People of Pomona find and declare as follows. a There is a shortage of decent safe affordable healthy housing in the City. of Pomona with the result that tenants do not have genuine freedom of. contract and cannot bargain for fair reasonable rent prices on an equitable. playing field Valuable long time residents are being pushed out of their. homes and the City disrupting their lives and diminishing Pomona s. community and culture, b Tenants should not have to fear eviction displacement and sometimes. homelessness merely because rental property owners can dramatically. increase rents Common sense protections against arbitrary evictions are. needed in the City to preserve diversity and protect long time and low. income residents from disruptive predatory landlord tactics in tight rental. c According to a recent report by California Housing Partnership. Corporation median rent in Los Angeles County which includes the city of. Pomona has increased 32 since 2000 while the median renter household. income has actually fallen by 3 According to the Zillow Rent Index rents. in Pomona s multi family housing increased 33 from 2013 through 2017. 15 in just the last 2 years while the Consumer Price Index for the region. has only increased 9 over the same 5 year period, d According to the U S Census Bureau American Community Survey 2016. one year estimates households in Pomona has a median income nearly 20. lower than the median income in the Los Angeles Long Beach Anaheim. statistical area to which Pomona belongs, e Pomona s 2013 2021 Housing Element states almost 17 000 Pomona. households 43 7 have incomes that are less than 80 of the Area Median. Income AMI the low income threshold as defined by the U S Housing and. Urban Development department, f According to the U S Census Bureau 2016 American Community Survey.
31 of renting families in the City were living below the poverty level. According to the same survey 62 of Pomona tenant households are rent. burdened meaning the household pays 30 or more of its income on. housing costs Ninety percent 90 of tenant households with income. under 50 000 per year pay more than 30 of their income on housing. Nearly 7 000 tenant households 39 of total tenants earn less than. 35 000 annually and spend more than 30 of their income on housing. More than half of Pomona s housing is renter occupied. g A household is considered severely rent burdened if it spends more than. 50 of its gross income on housing According to Pomona s 2013 2021. Housing Element 22 1 of renter households in Pomona were severely rent. h Tenants in Pomona are being displaced because of their inability to pay. excessive increased rents and must relocate However they are unable to. find decent safe and sanitary housing at affordable rent levels within the. City Residents are aware of the difficulty in finding decent housing and. some renters attempt to pay requested rent increases Consequently these. households must spend less on other necessities of life such as food transit. and healthcare If they are unable to find replacement housing in Pomona. displaced residents are forced to look to the wider Los Angeles County. rental market which is also facing the same market pressures. i The rental housing situation has a detrimental effect on the health safety. and welfare of substantial numbers of renters in the City creating. particular hardship for senior citizens persons with disabilities persons on. fixed incomes and other vulnerable tenants, j Rising housing costs are causing overcrowding within dwelling units which. degrades residents health and quality of life In Pomona according to the. American Community Survey 5 year estimates in 2016 27 of rental. housing is overcrowded more than one occupant per room and 10 is. severely overcrowded more than 1 5 occupants per room. k Rising housing costs are pushing low income workers out of the city forcing. them to drive further to work which is bad for the environment and for. their own quality of life, l Rising housing costs are forcing extended families apart disrupting social. support systems that promote the welfare of children the elderly and the. disabled and forcing people to rely more on already over stretched. government services, m Evictions and displacement impose an especially high burden on school. aged children and their families including increased absences from school. and other educational disruption that can have long lasting effects. n High rental costs also make it increasingly difficult if not impossible for. rental households to become first time homeowners a fact recognized by the. California Legislature, o Coupled with high student debt and a lack of new affordable housing. construction potential new homeowners are being priced out of the. homeowners market in Pomona altogether Instead of welcoming back. young professionals and new families into the Pomona community they are. increasingly priced out of the community from which they came and to. which they hope to contribute again, p In alignment with Pomona s Mission and Core Values protecting low.
income residents and their homes protects economic and cultural diversity. within the City which is necessary for the city s stability Pomona s. residents need access to skilled and unskilled laborers as well as. professionals for the community to be as self sufficient and stable as. q Landlords have greater incentives to induce tenants in rent stabilized units. to move out In jurisdictions with rent stabilization ordinances many. landlords offer cash buyouts in exchange for tenants vacating rental units. Many of these buyout negotiations are not conducted at arms length and. landlords sometimes employ high pressure tactics or intimidation to induce. tenants to sign agreements Legislation is needed to promote fairness in. buyout negotiations and agreements by requiring landlords to provide. tenants with a statement of rights and allowing tenants to rescind a buyout. agreement within 30 days to provide tenants sufficient time to seek advice. r Tenants who are evicted in Pomona are forced to incur substantial costs to. relocate to new housing These costs include but are not limited to move in. costs to a new apartment actual moving costs new utility hookups. payment for temporary housing while new permanent housing is sought. and lost work time seeking housing Tenants who find acceptable new. housing commonly must pay first and last month s rent plus a security. deposit equal to one month s rent No fault evictions without adequate. relocation benefits impose a great hardship on the health and well being of. all evicted tenants but the impacts are particularly severe for long time. tenants and those who are most vulnerable i e those who are low income. elderly disabled or who have minor children, s Residents of the City of Pomona began expressing their concerns to the City. Council regarding rising rents and displacement in December 2017. Community groups in Pomona also began hosting educational forums on. rent control and just cause eviction protections in January 2017 It was. foreseeable that rent control and just cause eviction protections were being. considered in Pomona thus making it reasonable to conclude that landlords. would increase rents to levels they otherwise would not have in anticipation. of imminent regulation, t The City of Pomona currently does not regulate with respect to residential. housing rental amounts rent increases or evictions. Sec 20 3 Definitions, Unless further defined elsewhere in this Article the following words or phrases. as used in this Article shall have the following meanings. a Annual General Adjustment The Annual General Adjustment is the. percentage by which the Rent for existing tenancies in Covered Rental. Units may be increased each year subject to the limitations of this Chapter. b Base Rent The Base Rent is the reference point from which the lawful Rent. shall be determined and adjusted in accordance with this Chapter. 1 Tenancies commencing on or before December 31 2017 The Base. Rent for tenancies that commenced on or before December 31 2017. shall be the Rent in effect on December 31 2017, 2 Tenancies commencing after December 31 2017 The Base Rent for. tenancies that commenced after December 31 2017 shall be the initial. rental rate charged upon initial occupancy provided that amount is. not a violation of this Chapter or any provision of state law The term. initial rental rate means only the amount of Rent actually paid by. the Tenant for the initial term of the tenancy, c Buyout Agreement A written agreement where a Landlord pays a Tenant.
money or offers a Tenant other consideration to voluntarily vacate a Rental. d Buyout Offer An offer written or oral by a Landlord to a Tenant to pay. money or other consideration to vacate a Rental Unit. e Covered Rental Unit All Rental Units not specifically exempted under. Section 20 4 a Exemptions Fully Exempt or Article II Homeowner. protections herein, f City Council The term City Council refers to the City Council of the City. g Disabled A person with a disability The term disability is defined in. California Government Code Section 12955 3, h Fair Return A Fair Return shall be determined by using the maintenance. of net operating income MNOI standard as outlined in Section 20 58. i Hearing Officer An official appointed by the Rent Board to conduct an. investigation or administrative hearing pursuant to this Chapter. j Housing Services Housing Services include but are not limited to repairs. maintenance painting providing light hot and cold water elevator service. window shades and screens storage kitchen bath and laundry facilities. and privileges janitor services Utility Charges that are paid by the. Landlord refuse removal furnishings telephone parking the right to have. a specified number of occupants and any other benefit privilege. arrangement or facility provided or contracted for in connection with the. use or occupancy of any Rental Unit Housing Services to a Rental Unit. shall include a proportionate part of services provided to common facilities. of the building in which the Rental Unit is contained. k Individual Rent Adjustment An adjustment to the otherwise lawful Rent. that is authorized by a Hearing Officer or the Rent Board pursuant to this. l Landlord An owner lessor sublessor or any other person entitled to. receive Rent for the use and occupancy of any Rental Unit or an agent. representative predecessor or successor of any of the foregoing. m Petition A petition for an Individual Rent Adjustment pursuant to this. n Primary Residence The occupant s usual place of return To classify a unit. as an occupant s Primary Residence does not require that the occupant be. physically present in the unit at all times or continuously but does require. that the unit be the occupant s usual place of return Factors that are. indicative of Primary Residence include but are not limited to. 1 The occupant carries on basic living activities at the subject premises. for extended periods, 2 The subject premises are listed with public agencies including but not. limited to federal state and local taxing authorities as the occupant s. primary residence, 3 Utility Charges and other charges and fees associated with usage of. the structure are billed to and paid by the occupant at the subject. 4 The occupant does not file for a homeowner s tax exemption for any. different property, 5 The occupant is not registered to vote at any other location and.
6 Ownership is held in the name of the occupant claiming Primary. Residence and not held by a Limited Liability Corporation or other. corporate or business entity structure, o Property All Rental Units on a parcel or lot or contiguous parcels or. contiguous lots under common ownership, p Qualified Tenant Any tenant who satisfies any of the following criteria on. the date of service of the written notice of termination described in. California Civil Code Section 1946 has attained age 62 is handicapped as. defined in Section 50072 of the California Health and Safe Code is disabled. as defined in Title 42 United States Code 423 has a developmental. disability as defined in California Welfare and Institutions Code Section. 4512 is a child with a disability as defined in Title 20 United States Code. 1401 3 or is a person residing with and on whom is legally dependent as. determined for federal income tax purposes one or more minor children. q Recognized Tenant Organization Any group of Tenants residing in Rental. Units in the same building or in different buildings operated by the same. management company agent or Landlord who choose to be so designated. This shall also include any other at large organization that represents the. interests of Tenants, r Relocation Assistance Financial assistance in the amounts set forth in. Section 20 10 a or amounts set forth by the Rent Board pursuant to. Section 20 10 b, s Rent All periodic payments and all nonmonetary consideration including. but not limited to the fair market value of goods labor performed or. services rendered to or for the benefit of the Landlord under a Rental. Housing Agreement concerning the use or occupancy of a Rental Unit and. premises and attendant Housing Services including all payment and. consideration demanded or paid for parking Utility Charges pets. furniture and or subletting, t Rent Board The term Rent Board refers to the Pomona Rental Housing.
Board established by this Chapter, u Rental Housing Agreement An agreement oral written or implied. between a Landlord and Tenant for use or occupancy of a Rental Unit and. for Housing Services For the purposes of this Chapter the terms Rental. Housing Agreement and Lease are interchangeable, v Rental Housing Fee The fee described in Section 20 50 herein. w Rental Unit Any building structure or part thereof or land appurtenant. thereto or any other rental property rented or offered for rent for. residential purposes whether or not the unit possesses a valid Certificate of. Occupancy for use as rental housing together with all Housing Services. connected with use or occupancy of such Property such as common areas. and recreational facilities held out for use by the Tenant. x Security Deposit Any payment fee deposit or charge as defined in Section. 1950 5 of the California Civil Code, y Single Family Home A detached building containing a single residential. dwelling unit separately alienable from any other dwelling unit. z Tenant A tenant subtenant lessee sublessee or any other person entitled. under the terms of a Rental Housing Agreement or this Chapter to the use. or occupancy of any Rental Unit, aa Utility Charges Any charges for gas electricity water garbage sewer. telephone cable internet or other service relating to the use and occupancy. of a Rental Unit, bb Written Notice to Cease A written notice provided by a Landlord that gives.
a Tenant an opportunity to cure an alleged violation or problem prior to. initiating legal proceedings to terminate tenancy Any Written Notice to. Cease must, 1 Provide the Tenant a reasonable period to cure the alleged violation or. 2 Inform the Tenant that failure to cure may result in the initiation of. eviction proceedings, 3 Inform the Tenant of the right to request a reasonable accommodation. 4 Inform the Tenant of the contact number for the Rent Board. 5 Include a specific statement of the reasons for the Written Notice to. Cease with specific facts to permit a determination of the date place. witnesses and circumstances concerning the reason for the eviction. 6 Where a breach of Lease is alleged inform the Tenant what Lease. provision has been breached and what the Tenant must do in order to. cure the breach,Sec 20 4 Exemptions, a Fully exempt The following Rental Units are exempt from all provisions of. this Chapter, 1 Units in hotels motels inns tourist homes and rooming and boarding. houses which are rented primarily to transient guests for a period of. fewer than thirty 30 days, 2 Rental Units in any hospital convent monastery extended medical.
care facility asylum non profit home for the aged or dormitory owned. and operated by an accredited institution of higher education. 3 Rental Units owned or operated or managed by a not for profit. organization pursuant to a tax credit program, 4 Rental Units which a government unit agency or authority owns. operates or manages or in which government subsidized Tenants. reside if applicable federal or state law or administrative regulation. specifically exempt such units from municipal rent control. 5 Rental Units additionally exempted pursuant to Article II Homeowner. protections, b Partially exempt i e exempt from rent stabilization The following Rental. Units are exempt from Articles IV V and VI of this Chapter regarding. stabilization of Rents and from Article IX regarding Petitions for. Individual Rent Adjustment but are not exempt from Article III Tenant. protections and Article VII Tenant buyout notification program. 1 For twenty 20 years from issuance of its first certificate of occupancy. any Rental Unit that is not a single family home and that is issued its. first certificate of occupancy after the effective date of this Chapter. After the twenty years such Rental Units shall no longer be exempt. from Articles IV V VI and IX of this Chapter, 2 To the extent required by state law Rental Units exempt from rent. control pursuant to the Costa Hawkins Rental Housing Act California. Civil Code Section 1954 52 et seq Where rent restrictions are. permitted by state law the Rental Board may issue rules and. regulations to govern the restrictions on Rental Units identified in this.

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