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7 Phi 12 35
OAKLAND
CITY
COUNCIL
RESOLUTION
RESOLUTION N
8
0 9
31
QMS
Resolution
1
Authorizing
and
Directing
the
City Attorney
to
Compromise
and
Partially
Settle
the
Case
ofKim
v
City
of
Oakland
Alameda
County
Superior
Court
Case No
RG03081362
which
Challenged
Various
Provisions
ofMeasure EE
the
Just Cause for
Eviction
Ordinance
and
2
Approving
Amendments
tothe Rent
Adjustment Program
Regulations
that WillLimit the
Rent
Board s
Ability
to Amend
the
Just
Cause Eviction
RegulationsAdopted
Pursuant to the
Settlement
WHEREAS
the
City adopted
an ordinance
establishing
arent
adjustment
programRent Program
that is
codified
in
Oakland
Municipal
Code
OMCChapter
822
and
WHEREAS
the
Rent
Program
createsand authorizesthe
Housing
Residential
Rent and
Relocation
Board
the
Rent
Board
to
adopt
regulations
to
implement
and
furtherthe
purposes
ofthe
Rent
Programsubject
to
approval
by
the
City
Council
and
WHEREAS
the Rent Board
adopted regulations
specifying
the
voting
and
quorum
requirements
for the Rent
Board
and
WHEREAS
in November
2002
Oakland
voters
passed
Measure
EE
the Just
Cause
for
EvictionOrdinance
the
Just Cause
Ordinance
codified
at OMC
822 300
et
seq
and
WHEREAS
the Just Cause
Ordinance
authorizes
the Rent Board
to
adopt
regulations
implementing
the Just
Cause
Ordinance
without
approval
by
the
City
Council
and
WHEREAS
in
2003
the Rental
Housing
Association of
Northern Alameda
County
Inc
RHA
alandlord
organization
and other
individual
landlordsfiled a
lawsuit
challenging
the
validity
ofvarious
provisions
ofthe
Just
Cause Ordinance
Kim
v
City
of
Oakland Alameda
Superior
Court Case
No
RG03081362
and
422633 4
WHEREAS
tenant
proponents
including
the
organization
Just Cause
Oakland
intervened in the lawsuit and
asked the court to
uphold
the
validity
ofJust
Cause Ordinance
Intervening Tenants
and
WHEREAS
in
2007
the
Superior
Court
upheld
the
validity
ofmost ofthe Just
Cause
Ordinance
but held several
provisions
invalid
and
WHEREAS
the
RHA
and the individuallandlords
appealed
the
Superior
Court s
decision
and the
City
and the
Intervening
Tenantsthenalso filed
appeals
and
WHEREAS
the RHAand
some
but not
all
of
the individuallandlords
agreed
to
settle the lawsuit with the
City
and the
Intervening
Tenants
The
landlordswho
agreed
to
settle the
litigation
are referered
to
hereinafaterasthe
Settling Landlords
and
WHEREAS
a
group
ofindividuallandlords
the Non SettlingLandlords
refused to settle with the
City
and the
Intervening
Tenants
and
WHEREAS
the
City
the
Settling
Landlords
and the
Intervening
Tenants
reached asettlement
the
Partial
Settlement requiring
that
1
the Rent Board enact
specific regulationsimplementing
certain
provisions
ofthe
Just
Cause
Ordinance
as
set out
in Attachment A ofExhibit 1 to thisResolution
the
Settlement
Regulations
2
the Rent Board
adopt
and Council
approve
amendmentsto
the Rent
Adjustment
regulations
that are set
forth
in in Exhibit
1
limiting
the Rent Board s
ability
to
amend
the Settlement
Regulations3
the
Settling
Landlordsdismisstheir
appeal
and
4
the
City
and
Intervening
Tenants dismisscertain
portions
oftheir
cross appeals
and
WHEREAS
the amendmentsthat the PartialSettlement
requires
that the Rent
Board and the Council
approve include
but are not limited
to
1
a
provision
that
prohibits
amendmentsto the Settlement
Regulations
without a
supermajority
vote ofthe
Rent
Board 2
a
requirement
that the Rent Board
hold
at least two
public meetings
before it amendsthe Settlement
Regulations
and
3
a
requirement
that the Rent
Board
give
the
City
Councilthe
opportunity
to comment
on
any
proposed
amendments
to the Settlement
Regulations
now
therefore
be it
RESOLVEDThat the
City
Councilauthorizes
and directsthe
City Attorney
to
settle the case
of
Kim v
City
of
Oakland
Alameda
Superior
Court
Case No
RG03081362
pursuant
to the terms
of
the PartialSettlement which
are
generally
outlined in this
Resolution
and be it
FURTHER RESOLVED
That
to
implement
the Partial
Settlement
the
Council
hereby approves
the amendmentsto the Rent
Adjustment Regulations
that are
required
by
the
PartialSettlement
subject
to
the
Rent Board s
adoption
of the
amendments
and
the
Settlement
Regulations
and be it
422633 4
FURTHER
Attorney
to take
Settlement
RESOLVEDThat
the
Council
authorizes
and directs the
City
whatever
further
steps may
be
necessary
to
effect
the Partial
IN
COUNCILOAKLAND
CALIFORNIA
NOV
13
D2007
PASSEDBYTHE
FOLLOWINGVOTE
AYES
9a
CHANG KERGNIHAN
NADEL fQUAN
AND
PRESIDENT
DE
LA
FUENTE
rj
NOES
ABSENT
ABSTENTION
3Hh r
brooks
ad3
ccws d
ATTEST
Dd DASIMMc
ITYCLERK
422633 4
EXHIBIT1
Amendments
to
Rent
Adjustment
ProgramRegulations
Relating
to
PartialSettlement
ofKimv
City
of
Oak and
Alameda
County Superior
Court Case No
RG03081362
822 040
THE
BOARD
BQuorum
and
Voting
1 Four
Board members
constitutes
a
quorum
of
the Board
2 Decisions
ofthe
Board For
the
Board to
make
adecision
onthe
first time
a
matter
comes
before
the
Board
the
quorum
must include
at least one
ofeach ofthe
three
categories
of
Board members
tenant
residentialrental
property
owner
and one
who
isneitherof
the
foregoing
If amatter
cannot be
decided because at least one
of
each ofthe
three
categories
ofBoard members
isnot
present
the matter
will
be
considered
asecond
time at afuture
meeting
where
the matter
canbedecided
even
if
at
least one memberfrom
each
category
is
not
present
A
majority
ofthe
Board
members
present
are
required
to make
decisionsprovided
a
quorum
is
present
and
sufficient
members
ofeach
category
are
present
3
A
Board member
who doesnot
participate
in
a
matterbecause
of
aconflict
of
interest or
incompatible
employment
neithercountstowards
a
quorum
nor
in
calculating
the
numberofBoard
members
required
to make
a
majority
4 Specialvoting requirements
for Just Cause for
Eviction
regulations
enacted
as
part
of
partial
settlement
ofKimv
City
of
Oakland
Alameda
County
Superior
Court
Case No RG03081362
the
Settlement Regulations
a The special
voting reauirements
set out in this
subsection
apply only
to
the Just Cause
for
Eviction
regulations
set out
in
Exhibit A
b
The
Settlement
Regulations
may be amended
only by affirmative
vote
of
at
least five
5
members
ofthe
Rent
Board
provided
that
at
least
one
member
from
each classofRent Board members
homeowner landlord
and
tenant affirmatively
votesto
modify
the
Settlement
Regulations
c
Before the Board adopts any amendments
to
the
Settlement Regulations
the
Board must introduce the proposed
amendmentsat ameeting
hold
apublic hearing
at which membersof
the
public
and interested organizations
including
the
Rental
Housing
Association
of
Northern
Alameda
County
Inc and Just Cause
Oakland
are
noticed
and
the amendments
can
only
be considered
for
adoption
at a
subsequent
meeting
d
Afterthe introduction
of
proposed
amendments
to
the
Settlement
Regulations
if the Board
decidesto
further
considerthe
adoption
ofthe regulations
and
setsapublic
hearing to do so the
Board
must
also
transmit the proposed
amendments
to
the
appropriate
committee of
the City Council
so the
City
Council
may
have the
optionof
commenting
onor
holding
its
own
hearing
before the Rent Board
votesto
adopt
orreject
the
proposed
amendments
Ifthe Council
electsnot to comment on the
proposed
amendments
or
does
not comment
on
themwithin90
daysafter transmittal
of
the
proposed
amendments
by
the Rent Board
the
Rent
Board
may proceed to vote
on
the
proposed
amendments
Attachment A
Amendmentsto Just
Cause
forEviction
Regulations
Pursuant to Partial
Settlement
of
Kimv
City AlamedaCounty
Superior
Court
Case
No
RG03081362
OMC
822 360A
Good Cause
Required
ForEviction
Just
Cause
Ordinance
Section
6
Ord
822 360A 2
The
tenanfhas
continued
afterwritten
notice
to
cease
to
substantially
violate amaterialtermofthe
tenancy
otherthan
the
obligation
to
surrender
possession
on
proper
notice as
required bylawprovided
furtherthat
notwithstanding
any
lease
provision
to
the
contrary
a
landlord shallnot endeavor
to recover
possession
of
arental
unit
as
a
result
of
subletting
of
the
rentalunit
by
the tenant ifthe
landlord
has
unreasonably
withheld the
right
to sublet
following
a
written
request
by
the
tenanf
so
long
asthe tenant continues
to residein the
rentalunit and
the
sublet
constitutes
cone for one
replacement
of
the
departing
tenant s
Ifthe landlord fails
to
respond
to
the tenant in
writing
within fourteen
14days
of
receipt
of
the tenant swritten
request
the tenant s
request
shallbe
deemed
approved by
the
landlord
Reg
822 360A 2
A2 aA materialtermofthe
tenancy
ofthe lease includes
obligations
that are
implied by
law
into aresidential
tenancy
orrental
agreement
and are an
obligation
ofthe
tenant
Such
obligations
that are materialtermsofthe
tenancy
include
but are
not limited to
i
Nuisance
The
obligation
not to
commit anuisance A
nuisance
asused in these
regulations
is
any
conduct that
constitutesa
nuisance under
Code
ofCivilProcedure
1161 4
Provided
that
atermination
of
tenancy
for
any
conduct
that
might
be
included
under
OMC822 360 A4
causing
substantial
damage
A5
disorderly conduct
orA6
using premises
for
illegal
purpose
and
which
might
also be considered
a
nuisance
can
followthe
requirements
of
those sections
in
lieuofthis
section
OMC
822 360
A2
Nuisance also
includes
conduct
by
the tenant
occurring
onthe
property
that
substantially
interfereswith the
useand
enjoyment
of
neighboring properties
that
risesto the levelof
a
nuisance
underCode ofCivil
Procedure
1161 4
revised reg
ii
Waste
The
obligation
not to
commit
waste
asthe
term
waste
may
be
applicable
to aresidential
tenancy
under
California
Code
ofCivil
Procedure 1161
Waste
asused in
these
regulations
is
any
conduct that
constituteswaste
under Code ofCivilProcedure
1161 4
Provided
that
a
termination
of
tenancy
for
any
conduct that
falls
under
OMC
822 360
A4
causing
substantial
damage
and
might
also
be
considered
waste can
followthe
requirements
of
that section in lieu
ofthissection
OMC
822 360
A2 revised
reg
423285 1
Amendmentsto Just Cause
Regulations
forKim
v
City
Settlement
Page
2
b
Repeated
violations
for
nuisance
waste or
dangerous
conduct
new
reg
i
Repeating
the
same
nuisance waste
or
dangerous
conduct
within
12
months
The first time atenant
engages
in conduct that constitutes
nuisance
waste oris
dangerous
to
persons
or
property
within
any
12 month
period
the
landlord
must
give
the tenant a
warning
notice
to cease
and not
repeat
the conduct If
the
tenant
repeats
the same or
substantially
similar
nuisance
waste or
dangerous
conduct
within 12
months
after
the
landlord served
the
prior
notice to
cease
the
landlord need
not serve a
further notice to
cease
but
may
give
anotice
pursuant
to Code
of
CivilProcedure 1161 forthe
repeated
conduct
ii
Repeating
different
nuisance orwaste conduct
within 24
months
The
first
two timesatenant
engages
in
different conduct
that constitutes
wasteora
nuisance that
interferes
with the
right
of
quiet enjoyment
of
other
tenantsat the
property
the landlord
must
give
the
tenant a
warning
notice to
cease
and not
repeat
the conduct
Ifwithin24monthsafterthe landlord
served
the first
of
the two noticesto
cease forthe waste or
nuisance
conduct
the tenant
again
engages
conduct that
constitutes
waste ora
nuisance that
interferes
with
the
right
of
quiet
enjoyment
ofother tenantsat
the
property
the landlord need not
serve a
further notice to
cease
but
may give
anotice
pursuant
to Code
ofCivil
Procedure 1161 for
the
third incident
of
waste or
nuisance
conduct
d
By giving
atenant
anotice
that
the tenant
hasviolated
amaterial
termof
the
tenancy
the landlord
isnot
precluded
fromalso
noticing
a
possible
eviction for the
same
conduct
undera
separate
subsection ofOMC
822 360 so
long
asthe noticesare not
contradictory
or
conflicting
existing reg
renumbered
Ord 822 360A 4
The tenant has
willfully
caused substantial
damage
to
the
premises
beyond
normalwearandtear
and
after
written
notice
hasrefusedto
cease
damaging
the
premises
orhasrefused to eithermake
satisfactory
correction
arto
pay
the reasonable
costsof
repairing
such
damage
overa
reasonable
period
oftime
Reg
822 360A 4
newreg
A
notice that the tenant has
willfully
caused substantial
damage
must
give
the
tenant at
least 45
days
after
service
ofthe
notice
to
repair
the
damage
or
pay
the
landlord
forthe
reasonable
cost of
repairing
such
damage
Ord 822 360A 5
The
tenant
has
continued following
writtennotice to
cease
to
be so
disorderly
asto
destroy
the
peace
and
quiet
ofothertenantsat
the
property
Reg
822 360A 5
new
reg
Destroying
the
peace
and
quiet
ofother
tenantsat the
property
isconduct
that
substantially
interferes
with the
peace quiet
and
enjoyment
of
other
tenants
at the
property
Amendmentsto
Just Cause
Regulations
for
Kim
v
City
Settlement
Page
3
Ord
822 360A 6
The tenant hasused the
rentalunit orthe common areasof
the
premises
foran
illegalpurpose including
the
manufacture sale
oruse
of
illegaldrugs
Reg
822 360A 6
a For
purposes
of
Subparagraph
OMC822 360
A6a
person
who
illegally
sella
controlled
substance
upon
the
premises
orusesthe
premises
to
furtherthat
purpose
is
deemed
to
have committed
the
illegal
act on
the
premises
in accordance
with
CaliforniaCode
of
CivilProcedure
1161 4existing
reg
b
Using
the
premises
foranunlawful
purpose
is
any
conduct that
constitutes
using
the
premises
foranunlawful
purpose
underCode
ofCivil
Procedure
1161 4new
reg
Ord
822 360B 4
Any
written notice
asdescribed
in
Subsection
6A2
3 45
7
822 360
A23 4
7
shallbe served
by
the
landlord
prior
to anotice
to
terminate
tenancy
and shall
include a
provisioninforming
tenant
that afailure to
cure
may
result inthe
initiation
ofeviction
proceedings
Reg
822 360B 4
g
A Notice to
Cease
pursuant
to
Sections
822 360A
2 4
5
and
7
must
give
the tenant at
least
7
days
afterservice
to cure the violation
If
the
violation
presents
animmediate
and
substantial
danger
to
persons
orthe
property
the
landlord
may give
the tenant
anotice that
the violation must
be
corrected within
24hours
after
service of
the
notice
newreg
h
Appendix
A
provides
formsofnotices
to cease
that are the
preferred
forms
that
landlords
may
usewhere
notices
to
cease are
required by
Section
822 360
Nothing
herein
precludes
the useofadifferent notice to cease
form
so
long
as
it
provides
the information
required by
law
newreg
Ord
822 380
Non waiverability
The
provisions
ofthis
chapter
may
not
be
waived
and
any
term
of
any
lease
contract
orother
agreement
which
purports
to waive orlimit atenant ssubstantive
or
proceduralrights
under
thisordinance
are
contrary
to
public policy
unenforceable
and void
Reg
822 380
Non Waiverability new
reg
Nothing
inthe Ordinance
is
intended
to
prevent
or
interfere
with
parties
entering
into
knowing
voluntary agreements
forvaluable considerationto
settle
disputesregarding
possession
ofrental
units
Any
provision
in
a
rental
agreement
or
any
amendment
thereto
which waives
ormodifies
any
provision
of
the
Ordinance
is
contrary
to
public policy
and void