Fall 2009
The Rent Control Board welcomes new commissioner, Chris Braun, appointed by the Board in September to fill the seat of outgoing commissioner, Joel Koury.
Mr. Braun, a chiropractor, has been a Santa Monica tenant for seven years. Prior to becoming a commissioner he volunteered with a tenant hotline, answering questions on landlord-tenant issues. Mr. Braun will serve until the next municipal election in November 2010 when someone will be elected to serve the remainder of Mr. Koury’s term through 2012.
The Rent Control Board bids farewell to Joel Koury who resigned after serving 4 1/2 years on the Board. In his resignation comments, Mr. Koury explained that increased demands in his new job as a Federal Public Defender have left him less time for his family and Rent Control Board meeting preparations. Mr. Koury thanked the Board for the “…wonderful, exciting and enlightening experience.” Board members praised Mr. Koury’s invaluable insight and knowledge, his significant contributions to the Board and said he will be greatly missed.
The Rent Control Board also bids farewell and thank you to staff member Marcia Zimmer who retired in October after twenty-six years of service, twenty-three of them as the Hearings Department Manager. Ms. Zimmer is a long-time Santa Monica resident.
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In a sign of the economic times, Rent Control staff has received inquiries from property owners and tenants asking whether an owner may temporarily reduce a tenant’s rent without changing the established Maximum Allowable Rent (MAR). The answer is YES - except for those tenants who are still in the initial term of their tenancy. Any reduction within the initial term of tenancy will reduce the MAR. For all other tenants, temporarily reducing the rent will not change the MAR nor will it change any other term of the original rental agreement.
Guidelines for entering into a temporary rent reduction agreement:
- Any reduction in rent is voluntary between an owner and tenant. Both parties must freely enter into the agreement to temporarily reduce the rent.
- When entering into a voluntary agreement to reduce the rent, the owner and tenant should state the agreement in writing.
The terms could include:
- The amount of the temporary rent to be paid;
- The number of months the temporary rent will be paid;
- The date the agreement ends and the MAR to be paid when the temporary reduction ends; and
- An acknowledgment by the owner that when the voluntary agreement has ended and the rent goes back to the MAR, the owner cannot retroactively collect the rent which was waived during the agreement.
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When the term of the temporary agreement is over, the owner has the option of returning the rent to the full Maximum Allowable Rent.
If you have any questions or concerns, please contact Rent Control at (310) 458-8751 or at RentControl@smgov.net
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The difference between winning and losing an eviction battle or a small claims case for money damages is often that the winning party—property owner or tenant—made a note of what happened, wrote a confirming letter, or had a written agreement. Often the outcome of a dispute hinges on convincing a judge that your version of the facts is true. You have an advantage if you took the time to write down the facts, particularly if a long time has passed since the events took place and your memory has faded.
Whenever possible, insist that agreements made during a tenancy be put in writing to avoid misunderstandings later. The agreement doesn’t have to look like a formal document. It should be legible and clearly state what has been agreed upon, and be dated and signed by the parties.
Even if you don’t have a signed written agreement, you can still create a record by sending a letter to the other party stating the agreement you made with them.
When an incident occurs, take the time to write a note including the date, time and location of the event, who was there, and what was said. If that incident later becomes the basis of a dispute, your notes will refresh your memory and help you to be a more convincing witness.
To avoid disagreements about security deposit refunds, it is also a good idea for owners and tenants to “walk-through” units before the tenant moves in and make notes and take photographs of any existing damage or other conditions. A walk-through with photographs and notes should also be done at the end of the tenancy.
And, of course, the primary written agreement is the lease or rental agreement signed by both parties. It will determine many issues over the months and years of tenancy. Tenants are advised to carefully read and understand their legally binding rental agreement before signing.
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If you can’t make it to City Hall in person to attend a Rent Control Board meeting, catch the Board in action on CityTV. You can watch live, gavel-to-gavel coverage of Santa Monica Rent Control Board meetings on CityTV, cable channel 16 in Santa Monica. People who do not have access to Channel 16 can watch Rent Control Board meetings live on the web through a netcast on the City of Santa Monica’s website at www.smgov.net . Call Rent Control at (310) 458-8751 to learn when the next Thursday night meeting will be held.
If you missed a meeting, replays are available on CityTV2, cable channel 20. The meetings replay on Mondays at 1 p.m., Wednesdays at 7 a.m., Fridays at 7 p.m., and Saturdays at 7 a.m. in the week following the original broadcast.
Another way to view a past meeting is on your computer through streaming video on the Rent Control Board website. Go to www.smgov.net/rentcontrol and click on Rent Control Board Meeting Video Archive. You can view any meeting held during the past three and a half years. An agenda for the meeting is displayed, allowing viewers to jump ahead to a particular item of interest during the meeting.
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Rental properties in Santa Monica are required to be maintained according to state, county and local laws. To help owners and tenants understand local habitability requirements, Rent Control staff and Code Compliance Officers from the City’s Building and Safety Department held a joint seminar on maintenance of rental property in September 2009. With the help of City TV, the seminar was videotaped. A link to the videotaped seminar will be available on the Rent Control website at www.smgov.net/rentcontrol in early 2010. Be sure to check out this on-line seminar to learn about required maintenance, possible tenant remedies and potential consequences if residential repairs are not made in the City of Santa Monica.
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The annual Rent Control registration fee, initially paid by owners for each rent controlled unit, pays for the administration of the Rent Control Law. Owners who paid this year’s fee by August 3, 2009, may be reimbursed by adding $13 to a tenant’s monthly rent for a 12-month period.
The Board will waive the registration fee for most units occupied by very low-income seniors (62 years or older) or very low-income disabled tenants (exceptions are specified in Regulation 11200). To qualify for a waiver, the tenant’s total household gross income must be less than the following:
- $26,100 for a one-person household
- $29,800 for a two-person household
- $33,550 for a three-person household
- $37,260 for a four-person household
Fee waivers are also available for certain other units:
- Section 8 fee waiver--Units participating in the Federal Section 8 housing program;
- Owner-occupied fee waiver--A unit occupied by an owner who has at least a 25% interest in the property; and
- Single Family Home or Separately Sold Condominium fee waiver--Homes or Condominiums that are occupied by tenants who moved in after 1996, are owner-occupied, or are currently vacant.
Waiver of the Clean Beaches and Ocean Parcel Tax Surcharge:
Low income property owners and tenants may qualify for a waiver of the Clean Beaches & Ocean Parcel Tax that appears on the owner’s property tax bill. To qualify as low-income, the owner or tenant’s annual income may not exceed $26,152 for a one-person household or $29,968 for a household with two or more persons.
Requests for registration fee waivers and surcharge waivers must be submitted on forms provided by the Rent Control Board with required supporting documentation. For additional information, or to obtain an application for these waivers, contact an Information Coordinator at (310) 458-8751 or go to the Rent Control website at www.smgov.net/rentcontrol.
Some Owners are Exempt from Measure R Assessment
Owners who are at least 65 years old by June 30 of the year of application and who own and occupy their property as their primary residence, may apply for an exemption from the School District for the full amount of this tax (currently $346 per parcel). Applications for exemption must be submitted to the School District by July 31st each year; once an exemption is granted, a renewal form is automatically sent to the owner each year. Requests for exemption from Measure R are handled by the School District. First time applicants may call 310-450-8338 Ext. 269 for an application to be sent in May 2010 or print the application from the District’s website www.smmusd.org.
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The City of Santa Monica continues to expand efforts to create a sustainable community that meets the needs of current and future generations. Progress is measured in eight areas: resource conservation, environmental and public health, transportation, economic development, open space and land use, community education and civic participation, housing and human dignity.
Each City department has developed standards to reflect their contribution toward the City’s goal to create a sustainable community. Rent Control contributes to this vision, primarily by helping maintain community stability and diversity.
Rent Control:
- Helps maintain community stability by controlling annual rent increases and limiting reasons tenants may have their tenancies terminated.
- Helps maintain affordability of the community in which we live and work, reducing the need to commute.
- Promotes strong, diverse neighborhoods and encourages greater communication among residents and participation in the sustainable activities of our City.
- Promotes City programs and encourages tenants and owners to adopt sustainable practices.
The City’s recently updated web pages at www.sustainablesm.org are a valuable resource for residents and owners interested in exploring the City’s vision. Upcoming sustainability events are detailed, as well as ways to buy green, reduce water usage and energy costs, and travel sustainably.
Water: THE CRISIS DEEPENS
One of the greatest challenges to sustainability in Southern California is the misperception that there is an unlimited supply of water. After all, water keeps flowing from the faucets. However, in reality the entire state is faced with continued drought and rapidly diminishing reservoirs.
In the face of our water crisis, the City Council declared an Advisory Water Shortage Response Plan in June 2009. Santa Monicans are asked to voluntarily reduce water use by 10% and to follow certain mandatory requirements, such as restricted hours for using outdoor sprinklers, repairing all leaks and using a bucket of water to wash a car with no runoff allowed.
Easy ways to save Water include ---
- Run only full loads when washing dishes or clothes
- Repair/report leaky faucets, toilets, showers as well as outdoor leaks
- Install aerators with flow restrictors on sink faucets
- Don’t leave the water running when brushing teeth, shaving or washing
Many existing plumbing fixtures and irrigation systems are inefficient and waste water. Replacing outdated hardware can save water AND save money!
Go to www.sustainablesm.org for more information on the City’s Water Shortage Response Plan; tip sheets for apartment residents, owners and others; rebates and resources; and water reserve levels in California reservoirs. Be sure you’re sitting down before viewing comparative photos of Lake Oroville in 2005 and 2009. The drop in water levels is quite shocking!
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The 2009 Multifamily Energy Efficiency Rebate Program offers cash rebates to owners for the installation of qualified energy-efficient products and improvements in apartment dwelling units and in the common areas of apartment and condominium complexes.
For more information, visit the utility companies’ websites.
• Southern California Edison:
Go to www.sce.com. Click on “Residential Rebates and Savings,” then “Multi-family Housing,” or call (800) 736-4777.
• Southern California Gas Company:
Go to www.socalgas.com. Click on “Rebates for Property Managers” or call (888) 431-2226.
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As temperatures fall and gas and electric bills rise, many people are feeling the pressure of higher utility bills. Special programs through the Southern California Gas Company and Southern California Edison may provide assistance for income qualifying households.
Maximum Income Levels to Qualify for Assistance
Effective June 1, 2009 to May 31, 2010
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Number of Persons
Living in Your Home
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Total Yearly Household Income
no more than:
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1-2
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$30,500
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3
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$35,800
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4
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$43,200
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5
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$50,600
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For each additional person add $7,400
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The programs range from a 20% discount on gas and/or electric bills to energy-efficiency assistance and more.
- Southern California Edison:
- Go to www.sce.com. Click on “Customer Service”, then “High Bill Helper,” then “Financial Assistance” or call (800) 447-6620.
- Southern California Gas Company:
- Go to www.socalgas.com. Click on “Bill Assistance Programs” or call (800) 427-2200.
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Community Corporation of Santa Monica to Create New Affordable Housing Marketing List for 2010: Process Begins in December
Community Corporation of Santa Monica (CCSM) is a non-profit organization committed to providing affordable housing to limited income individuals and families. Each January, CCSM creates a new list of interested people seeking affordable housing in Santa Monica. Persons on the 2009 list must reapply to be on the 2010 list.
The first step in the process takes place December 7 through December 30 when interested people may pick up an appointment card on Mondays through Thursdays between 8 a.m. and 5 p.m. and on one Friday, December 11 between 8 a.m. and 12 p.m. at 502 Colorado Ave., first floor Community Room, in Santa Monica. The appointment card is your ticket to attend a mandatory seminar in January where CCSM representatives will assist applicants in the first step of the process which is to fill out a questionnaire. After the 2010 Marketing List is compiled, CCSM will notify potential applicants by postcard that that they are on the marketing list. And then during the year CCSM will notify qualified applicants when vacancies become available that match a household’s size and income level.
CCSM receives more than 3,000 applications each year and usually have between 80 and 120 vacancies each year.
For more information call CCSM at 310-394-8487 or visit www.communitycorp.org .
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Your Participation Matters!
The United States Census is a count of everyone residing in the United States and is required to be done once every 10 years. All United States residents are counted, both citizens and non citizens. This includes people of all ages, races, and ethnic groups.
It is important for everyone to participate in the 2010 Census. The results, in part, determine the distribution of $300 billion annually of government funding for critical community services such as school and senior center lunch programs, upgrades to school and city buildings, and homeless prevention. Census data also determine boundaries for state and local legislative and congressional districts.
You will receive your Census questionnaire in March 2010 either by U.S. mail or hand delivery. The Census questionnaire asks only a few simple questions of each person- name, relationship to other household members, gender, age and date of birth, race, and whether the respondent owns or rents his or her home. The short questionnaire takes just a few minutes to complete and return by mail.
It can be made available in any language.
By law, the Census Bureau cannot share an individual’s responses with anyone, including other federal agencies and law enforcement entities. The Census Bureau protects information that identifies respondents or their households for 72 years. So, please take the time fill out the questionnaire when you receive it and return it quickly.
For more information about the Census 2010, please go to the web site at www.census.gov/2010census or call (866) 861-2010.
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