To: Sonoma County Board of Supervisors
Department or Agency Name(s): County Administrator’s Office; County Counsel
Staff Name and Phone Number: Christel Querijero 565-2431; Elizabeth Coleman 565-2421
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Residential Tenancy Protections Ordinance
End
Recommended Action:
Recommended action
Adopt an Ordinance of the Board of Supervisors of the County of Sonoma, State of California, Amending Sonoma County Code to Add Section 4 Article IX Establishing Residential Tenancy Protections (Second Read)
end
Executive Summary:
On May 21, 2024, the Board discussed specific ordinance language options to augment renter protections enacted by the California Tenant Protection Act of 2019 and directed staff to return with a first reading of an ordinance to create residential tenant protections for unincorporated Sonoma County, and emergency tenant protections County-wide, above the State established protections. On August 20, 2024, the Board of Supervisors introduced, read the title of, and waived further reading of the Ordinance entitled Ordinance of the Board of Supervisors of the County of Sonoma, State of California, Amending Sonoma County Code to Add Section 4 Article IX Establishing Residential Tenancy Protections. This item proposes the Board of Supervisors adopt the introduced ordinance.
Discussion:
The California Tenant Protection Act of 2019 (CTPA) <https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1482> created a series of residential tenant protections, including limitations on the manner and bases of evictions, and limits on increases in rent. State law preserves the right of local agencies to implement increased protections for tenants residing within their jurisdictions, allowing counties and cities to augment the protections of the CTPA based on local needs.
Staff received initial direction on potential tenant protections from the Board on August 15, 2023 <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=6309782&GUID=293EFF18-E429-466B-B1F3-EE974D478A83> and December 5, 2023 <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=6438812&GUID=644FE444-0817-4C79-B328-76ACE9BDCF13>. On May 21, 2024 <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=6692942&GUID=9693D603-BD6C-4092-A568-4C9D0A160E11>, the Board requested staff to return with a first reading of an ordinance to create local tenant protections that augment state law. The Board also requested staff to bring recommendations and options for community outreach to inform and educate the community on the State’s current renter protections and any future protections created through a County ordinance.
Sonoma County Residential Tenancy Protections Ordinance
On May 21, 2024, the Board discussed specific ordinance language options to augment renter protections enacted by the California Tenant Protection Act of 2019 and directed staff to return with a first reading of an ordinance to create residential tenant protections for unincorporated Sonoma County, and emergency tenant protections County-wide, above the State established protections. On August 20, 2024, the Board of Supervisors introduced, read the title of, and waived further reading of an Ordinance entitled “Ordinance of the Board of Supervisors of the County of Sonoma, State of California, Amending Sonoma County Code to Add Section 4 Article IX Establishing Residential Tenancy Protections.” The ordinance does the following:
a. Removes exemptions from Just Cause protections for income restricted properties, except where inconsistent with contractual or legal obligations appliable to the rental unit;
b. Attaches Just Cause protections to otherwise covered tenancy upon commencement of tenancy;
c. Limits nonpayment of rent as basis for eviction unless nonpayment persists for at least 30 days, of which protection tenants may avail themselves not more than two times per calendar year;
d. Augments relocation benefits, when applicable, to be calculated at the higher of fair market value or actual rent;
e. Establishes pre-positioned eviction limitations to be activated by resolution of the Board upon its election to do so concurrent with a declaration of emergency, to remain in place until 30 days after termination of the emergency or further resolution of the Board; and
f. Requires dissemination of tenant rights information in English and Spanish concurrent with any demand to vacate premises or commence eviction proceedings; requires landlords to submit information about termination of tenancies to the County for informational purposes.
After completion of the first reading of the proposed ordinance on August 20, 2024, a summary of the proposed ordinance was published in the Press Democrat pursuant to the publication requirements of Government Code Section 25124(b). If the Board adopts the Ordinance it will go into effect 30 days after adoption, subject to further noticing requirements. Implementation of item f above (Section 9 of the Ordinance) will have an effective date of January 1, 2025, to allow sufficient time to design and develop the County website and content where landlords will file termination notices.
Stakeholder Input. Staff met with Burbank Housing, a local non-profit organization that builds and manages affordable housing, to understand impacts of the ordinance. Of primary concern are the notice and reporting requirements (Section 9). Because the organization is subject to many state and federal regulations and directives, the requirements in Section 9 could conflict with their agreements and conditions for funding under these agreements. Being out of compliance would jeopardize both current funding and eligibility for future funding and could result in penalties. The need for proof of compliance with the County notice requirement was also expressed, which could be accommodated by a system-generated receipt or acknowledgement upon filing. Staff will engage stakeholders further as they work with the Information Systems Department to develop and implement the ordinance resource and notification portal.
Staff also met with Norcal Commercial, Inc., an apartment brokerage services firm that represents multi-family housing property owners in Sonoma and Marin Counties, including properties in unincorporated Sonoma County. They requested more time before the ordinance is effective in order to educate property owners on their responsibilities and offered to share County information and resources through their network of affected parties. Staff will include them as part of stakeholder engagement to develop the notification portal.
Outreach and Education. The Board approved funding for outreach and education on the ordinance on August 20, 2024. A webinar is tentatively scheduled to occur in October 20024. Planning is also underway for an in-person workshop/resource fair that is expected to take place by the end of the calendar year. More information on these events is forthcoming.
Strategic Plan:
This item directly supports the County’s Five-year Strategic Plan and is aligned with the following pillar, goal, and objective.
Pillar: Healthy and Safe Communities
Goal: Goal 4: Reduce the County’s overall homeless population by 10% each year by enhancing services through improved coordination and collaboration.
Objective: Objective 3: Create a “no wrong door” approach where clients who need services across multiple departments and programs are able to access the array of services needed regardless of where they enter the system.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
Yes
See Attachment 2.
Prior Board Actions:
• 08/20/24: Board adopted resolution introducing, reading title of, and waiving further reading of Ordinance Amending Sonoma County Code to Add Section 4 Article IX Establishing Residential Tenancy Protections
• 05/21/24: Board directed staff to prepare Just Cause ordinance comprised of selected options and formulate communication/community outreach plan.
• 12/05/23: Board reviewed Options to Augment Protections for Unincorporated Residential Tenants and directed staff to conduct community engagement.
• 08/15/23: Board received Analysis of Impacts of Ending Sonoma County's Just Cause Ordinance.
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Attachments:
Attachment 1- Ordinance of the Board of Supervisors of the County of Sonoma, State of California, Amending Sonoma County Code to Add Section 4 Article IX Establishing Residential Tenancy Protections
Attachment 2- Racial Equity Toolkit Information
Related Items “On File” with the Clerk of the Board: