PREPARED BY: ELIZABETH LOPEZ DATE OF MEETING: 03/04/2024
SUBJECT:
TITLE
ADOPTION OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING TITLE 9 OF THE SAN PABLO MUNICIPAL CODE TO ADD CHAPTER 9.60, “RENT REGISTRY” REQUIRING PROPERTY OWNERS TO REGISTER RENTAL UNITS WITH THE CITY AND TO PROVIDE OTHER ADDITIONAL INFORMATION REGARDING RESIDENTIAL RENTAL PROPERTIES ON AN ANNUAL BASIS
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Waive second reading; adopt Ordinance
Body
SUMMARY AND RECOMMENDATION
The City Council held a public hearing, waived first reading, and introduced this ordinance at its February 20, 2024 meeting.
COMPLIANCE STATEMENTS
Dedicate resources to create a new rental registry (w/ fees to offset City costs) for available San Pablo housing opportunities is an adopted City Council Priority contained in the adopted Fiscal Year 2023-2025 City Council Priority Workplan, effective May 1, 2023.
BACKGROUND
The San Pablo City Council expressed interest in creating a rent registry and it was added as a priority in the FY 2023-2025 City Council Priority Workplan. A rent registry program would help the City collect data regarding rent and other relevant information about rental units. It will further help inform the City Council about housing stock, trends, and the rental market in San Pablo.
On September 18, 2023, the City Council adopted Resolution 2023-138 approving the consulting services agreement with Hinderliter de Llamas & Associates (HdL) for Rental Registry Program implementation and administration services. An ordinance is needed in order to establish a rent registry program and its annual reporting requirement.
Chapter 9.60 of the San Pablo Municipal Code, “Rent Registry” requires:
• A Landlord to register every Rental Unit that is subject to the provisions of this Chapter within thirty (30) days of leasing, renting, or otherwise offering such Rental Unit for occupancy to a Tenant. Registration must be completed using forms provided by the City. The forms provided by the City may include a secure internet website with an interface for submitting the information required by this Chapter.
• Registration certificates shall expire annually. As a courtesy, the City may send renewal notices to Landlords prior to the expiration date of any registration certificate. Notwithstanding the foregoing, it is the obligation of the Landlord to renew the registration certificate annually, even if the City does not send a renewal notice. The Landlord must complete the renewal registration within thirty (30) days after the expiration in order to avoid penalties.
• As part of the initial and renewal registration, the rental unit information collected includes: rental property information, landlord contact information, emergency contact information, rental unit information, rental unit tenancy changes, and any other information deemed necessary by the City Manager.
• The rent registry information will be received in confidence, and only limited rent registry information will be made available to the public under the California Public Records Act.
• The City anticipates that rent registry information will be kept in a database. The database containing rent registry information shall be created and maintained such that it can generate reports containing only the following, individually or in combination: (a) the number of rental units per building expressed as a range of the number of rental units per building; (b) the number of bedrooms and bathrooms in a rental unit, with the rental units grouped by number of bedrooms and not listed individually; (c) the size of rental units, expressed in average square feet; (d) the total (city-wide) rent for rental units, classified only by size of rental units expressed as ranges of square feet and numbers of bedrooms; (e) average rent for rental units by size of rental units expressed as ranges of square feet and numbers of bedrooms for any registration periods covered by the rent registry information; or (f) the average length of occupancy or vacancy of rental units that are occupied or vacant at the time of the report, classified only by size of rental units in square feet or number and type of rooms.
• The City will not disclose rent registry information for rental units in a manner that identifies the building in which they are located or the rent for any individual rental unit. Rent registry information will not include identifying information regarding an individual tenant.
• If a Landlord fails to register or pay all or any portion of the rent registry fees, the City may charge a penalty of $100 in addition to outstanding registration fees and any costs incurred in collecting the outstanding fee(s).
In order to offset the costs of administering the rent registry program, staff and the HdL are recommending that the Landlord of each rental unit pay a fee of $20 per account and $7 per unit (for Fiscal Year 2023-2024). Fees may be increased annually with reference to the percent change in the Consumer Price Index. The amount of the fee will ultimately be established by resolution by the City Council and included in the City’s Master Fee Schedule. Rental units for which the rent is subsidized through any federal or state housing program will be eligible to request and receive a waiver of the registration fee. The waiver of any registration fees shall not relieve a Landlord from providing the rent registry information required by this Ordinance.
STANDING COMMITTEE REVIEW
On August 30, 2023, staff presented the Rent Registry Program to the Economic Development, Housing, & Project Management Standing Committee. Upon completion of the presentation, the committee recommended the Rent Registry program go forward to City Council for consideration.
On January 29, 2024, staff presented an update on the Rent Registry Program and Draft Ordinance to the Economic Development, Housing, & Project Management Standing Committee. Upon completion of the presentation, the committee recommended the formal adoption by City Council.
The City Council held a public hearing, waived first reading, and introduced this ordinance at its February 20, 2024 meeting.
FISCAL IMPACT
There is no fiscal impact to the City as the program is self-sustaining. The administration fees will be paid by the revenues generated by the established rental unit fee.
ATTACHMENT
Att A - Ordinance 2024-001
Att B - Proof of Publication for February 20, 2024
Att C - PowerPoint Presentation Presented on February 20, 2024