HomeMy WebLinkAbout2020-04-07 Items 2 and 12 Written Communications April 7, 2020
The Honorable Mary Salas,Mayor&Councilmembers
City of Chula Vista
Attn: Chula Vista City Clerk
276 Fourth Ave.
Chula Vista, CA 91910
Dear Madam Mayor and Councilmembers:
SUBJECT: Written Comments-April 7th Council Agenda, Items 2& 12 Related to
Emergency Ordinance and Regulations Regarding Evictions
You had a first reading of the aforementioned Ordinance in early March and are
conducting the second reading of the Ordinance today. The ordinance has some
provisions which hopefully the Council will address either now or in the immediate
future. Some of those issues are identified in the Implementing regulations. The
general problem with those implementing regulations is that many of the provision are
advisory ONLY and not mandatory and therefore are not enforcable. Below are nmy
continuing issues with the Ordinance and the implementing regulations:
1. Section I(1) (A) makes it unlawful for a landlord to issue a notice to Pay Rent or
Quit if he "knows" that a tenant cannot pay the rent. "Knowing" is defined as
receiving a notice within 30 days after the date the rent is due. Does that mean
landlords are simply prohibited from issuing a 3 day notice until 30 days after
the rent is due since one cannot know if a tenant will submit a notice until 30
days have passed? Or, can a landlord issue a 3 day notice on the fifth day of the
month, as is customary, if no notice of income drop is received from the tenant
by the owner?
2. There is no means test regarding partial rental payments in the Ordinance.
With the adoption of implementing regulations (Item 12) a drop of 30% of the
tenant's prior income will be that test. If their income has dropped less than
30%, it is presumed that a tenant is not protected under the ordinance and can
be evicted for non-payment of the full rent during the moratorium period. Is
that true?
3. Mandatory partial rent payment needs to be covered with the ordinance. The
regulations somewhat address the idea of partial payment but partial rent
payment is only advisory. Therefore, if a tenant's income has dropped, the
Ordinance still completely protects a tenant who pays nothing at all even if their
income has only been partially reduced, as will be the case with nearly all
tenants. Tenants must be required to make partial payments. Your regulations
advise 40% of income toward rent. That needs to be mandatory and you need
to allow a property owner to evict if a tenant is not paying that portion.
4. There needs to be a maximum aggregate amount of rent that can be deferred
by any tenant. A suggestion would be an amount equal not more than 3
months of rent. Landlords, particularly small landlords are not able to simply
defer huge amounts of rent while still paying for all services, repairs, taxes,
insurance and debt. The average rent in Chula Vista is around $1,815.
Therefore,three months of deferred rent to a single tenant would total $5,445.
A landlord should not have to"lend" more money than that to any tenant. How
do you expect the owner to stay in business?
5. Even with the 2nd reading, there is no expiration date on this Ordinance. There
needs to be an expiration date and the Council needs to revisit this matter in
the very near future.
6. The Council needs to monitor the impact of this Ordinance. Nothing in item
requires anyone in the City to provide periodic reporting to the Council on how
this Ordinance is affecting Chula Vista property owners.
My wife and I are small property owners. We rely on our rental property income for about 75%
of our total income and we are not eligible for income support from unemployment insurance
or anything else for that matter. We live a modest life. Our home is a 40-year old 1600 square
foot track home in the oldest subdivision in Rancho Del Rey. We understand the dire
circumstances and threat that we all face related to the Covid-19 virus and property owners, like
everyone in the community, need to share in the pain caused by this pandemic.
Notwithstanding that fact, the Council needs to adopt a balanced approach where small
property owners like myself are not overburdened with unfair obligations to shoulder an
inordinate share of the financial burden of this pandemic on our community.
Respectfully Submitted,
Mitch Thompson
Chula Vista Small Property Owner
cc: Mr. Glen Googins, City Attorney
April 7,2020
The Honorable Mary Salas, Mayor&Councilmembers
City of Chula Vista
Attn:Chula Vista City Clerk
276 Fourth Ave.
Chula Vista,CA 91910
Dear Madam Mayor and Councilmembers:
SUBJECT: Written Comments-April 71'Council Agenda,items 2&12 Related to
Emergency Ordinance and Regulations Regarding Evictions
I recently found out that you had a first reading of the Ordinance in early March and are
conducting the second reading of the Ordinance today. The ordinance has some
provisions which hopefully the Council will address either now or in the immediate
future. I know that the implementing regulations on item 12 of today's agenda are
meant to address some of the issues. The general problem with those implementing
regulations is that many of the provision are advisory ONLY and not mandatory and
therefore are not enforceable. I have brought this up to a few fellow rental property
owners and below are the continuing issues that we found with the Ordinance and the
implementing regulations:
1. Section 1 (1) (A) makes it unlawful for a landlord to issue a notice to Pay Rent or
Quit if he "knows" that a tenant cannot pay the rent. "Knowing" is defined as
receiving a notice within 30 days after the date the rent is due. Does that mean
landlords are simply prohibited from issuing a 3 day notice until 30 days after
the rent is due since one cannot know if a tenant will submit a notice until 30
days have passed? Or,can a landlord issue a 3 day notice on the fifth day of the
month,as is customary,if no notice of income drop is received from the tenant
by the owner?
2. There is no means test regarding partial rental payments in the Ordinance.
With the adoption of implementing regulations (Item 12) a drop of 30% of the
tenant's prior income will be that test. If their income has dropped less than
30%, it is presumed that a tenant is not protected under the ordinance and can
be evicted for non-payment of the full rent during the moratorium period. Is
that true?
3. Mandatory partial rent payment needs to be covered with the ordinance. The
regulations somewhat address the idea of partial payment but partial rent
Payment is only advisory. Therefore, if a tenant's income has dropped, the
Ordinance still completely protects a tenant who pays nothing at all even if their
income has only been partially reduced, as will be the case with nearly all
tenants. Tenants must be required to make partial payments. Your regulations
advise 40%of income toward rent. That needs to be mandatory and you need
to allow a property owner to evict if a tenant is not paying that portion.
4. There needs to be a maximum aggregate amount of rent that can be deferred
by any tenant. A suggestion would be an amount equal not more than 3
months of rent. Landlords, particularly small landlords are not able to simply
defer huge amounts of rent while still paying for all services, repairs, taxes,
insurance and debt. The average rent in Chula Vista is around $1,815.
Therefore,three months of deferred rent to a single tenant would total $5,445.
A landlord should not have to"lend" more money than that to any tenant. How
do you expect the owner to stay in business?
S. Even with the 2"d reading,there is no expiration date on this Ordinance. There
needs to be an expiration date and the Council needs to revisit this matter in
the very near future.
6. The Council needs to monitor the impact of this Ordinance. Nothing in item
requires anyone in the City to provide periodic reporting to the Council on how
this Ordinance is affecting Chula Vista property owners.
I am a small property owner,and my rental income provides 100%of my total income and I am
not eligible for income support from unemployment insurance, health insurance or anything
else. My two children and I live in a house that could be considered inhabitable because the
maintenance and repair costs of the rental have absorbed most if not all my profits. Our home
is a 50 -year old 1900 square foot track home in west Chula Vista. I understand the dire
circumstances and threat that we all face related to the Covid-19 virus and property owners,like
everyone in the community, I need to share in the pain caused by this pandemic. It is a fact that
the Council needs to adopt a balanced approach where small property owners like myself are
not punished with unfair obligations to take on more than our share of the financial burden of
this pandemic on our community.
Respectfully Submitted,
Property Owner
Chula Vista,CA 91910
cc: Mr.Glen Googins,City Attorney