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
A) Consider and potentially adopt a Resolution introducing, reading the title of, and waiving further reading of “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” (First Read);end
B) Approve staff’s recommendation for community outreach and education if an ordinance is adopted, and approve the use of $34,100 from General Fund contingencies for these activities.
end recommended action
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. This item includes a draft resolution for potential introduction of a such an ordinance.
This item also recommends community outreach activities to inform and educate the community on existing and future renter protections, should the Board adopt a Resolution (Attachment A) introducing the County ordinance.
Discussion:
Background
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
A draft ordinance which incorporates the Board’s direction is included as Attachment B to this item. The ordinance does the following:
a. Removes exemptions from Just Cause protections for income restricted properties;
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;
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; and
f. Requires dissemination of tenant rights information in English and Spanish concurrent with any demand to vacate premises or commence eviction proceedings, with copy and related relevant information to be submitted to County.
Should the Board adopt a Resolution introducing the first read of the Ordinance, a second read will need to occur no less than five days after the first read in order for the Ordinance to be adopted. If introduced via approval of the Resolution today, the Ordinance or summary must be published within 15 days following the second read, and will go into effect in 30 days after adoption. Staff anticipates the second read will be included on the Board’s agenda in early September 2024.
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. This timeframe will also provide an opportunity for staff to conduct outreach to landlords on implementation of the new requirement and time to determine what County resources will be needed for periodic review and reporting of the data collected and which unit will be responsible for these activities.
Community Outreach and Education Options
Multiple options and strategies for community outreach and education are possible should the Board adopt a Residential Tenancy Ordinance today. These include in-person town halls/resource fairs, online webinars, development of a resource guide, and the use of various methods, such as social media posts or videos and radio advertising to create awareness of these education opportunities. All strategies assume the need for facilitation and/or Spanish interpretation services, advertising expense, and the availability of printed materials in Spanish.
Staff recommends an outreach and education plan with 2 town halls and 1 online webinar, social media and radio advertising for each, and development of a resource renter protection pamphlet. The range of estimated costs for this plan is from $14,600 to $34,100. The higher end of the range assumes contractor support for facilitation.
|
Expense |
Units |
Range of Costs |
|
2 Town Hall/Resource Fair |
2 |
$ 3,000 |
$ 15,000 |
|
1 Online Webinar |
1 |
$ 1,100 |
$ 7,100 |
|
3 Social Media Announcements |
3 |
$ 3,000 |
$ 4,500 |
|
3 Radio Announcements |
3 |
$ 4,500 |
$ 4,500 |
|
Pamphlet Development |
1 |
$ 3,000 |
$ 3,000 |
|
|
|
$ 14,600 |
$ 34,100 |
If the Board adopts an ordinance and approves the recommended outreach and education plan, staff will develop a timeline for activities assuming the effective date in the adopted ordinance and return to the Board with a request for funding from General Fund contingencies or through the quarterly consolidated adjustment process.
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: Increase investment in programs that treat underlying causes of homelessness, including substance abuse, mental illness, poverty, and lack of affordable housing.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
Yes
See Attachment C.
Prior Board Actions:
• 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.
Fiscal Summary
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FY24-25 Adopted |
FY25-26 Projected |
FY26-27 Projected |
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Narrative Explanation of Fiscal Impacts:
If the Board adopts an ordinance and approves the recommended outreach and education plan, staff will develop a timeline for activities assuming the effective date in the adopted ordinance and return to the Board with a request for funding from General Fund contingencies or through the quarterly consolidated adjustment process.
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Staffing Impacts: |
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment A: Resolution
Attachment B: Draft Sonoma County Residential Tenancy Protections Ordinance
Attachment C: Racial Equity Analysis
Presentation
Related Items “On File” with the Clerk of the Board:
N/A