REPORT TO COUNCIL
SUBJECT
Title
Consider Potential Modifications to Relocation Assistance Requirements for Sunnyvale Municipal Code Chapter 19.71 Residential Tenant Protections Programs
Report
SUMMARY OF COMMISSION ACTION
The Housing and Human Services Commission (HHSC) considered this item on January 22, 2025. The Housing and Human Services Commission voted to recommend City Council direct staff to staff to return to Council with an Ordinance to amend SMC Chapter 19.71: Residential Tenant Protections Programs (1) to increase relocation assistance for no fault, just cause evictions to three months of rent; and (2) to make an exception that this requirement does not apply to sole proprietorship property owners that own 7 properties or less. The vote was 3-2 with Commissioners Friedlander and Hiremath dissenting and Commissioner’s Davis and Riviere absent. Draft Minutes of the HHSC meeting are in Attachment 3.
The Planning Commission considered this item on February 10, 2025. The Planning Commission voted to approve recommend Alternative 1 to the City Council: Do not modify Sunnyvale Municipal Code (SMC) Chapter 19.71: Residential Tenant Protections Programs, and keep relocation assistance for no fault, just cause
evictions at two months of rent. The vote was 7-0. Draft Minutes of the Planning Commission meeting are in Attachment 4.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Do not modify Sunnyvale Municipal Code (SMC) Chapter 19.71: Residential Tenant Protections Programs, and keep relocation assistance for no fault, just cause evictions at two months of rent.
2. Direct staff return to Council with an Ordinance to amend SMC Chapter 19.71: Residential Tenant Protections Programs to increase relocation assistance for no fault, just cause evictions to three months of rent.
3. Provide other direction to staff.
Housing and Human Services Commission Recommendation:
4. Direct staff return to Council with an Ordinance to amend SMC Chapter 19.71: Residential Tenant Protections Programs to increase relocation assistance for no fault, just cause evictions to three months of rent; and to make an exception that this requirement does not apply to sole proprietorship property owners that own 7 or fewer properties.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Do not modify Sunnyvale Municipal Code (SMC) Chapter 19.71: Residential Tenant Protections Programs, and keep relocation assistance for no fault, just cause evictions at two months of rent.
JUSTIFICATION FOR RECOMMENDATION
Due to the limited responses received from the public, and the perceived lack of interest in the community to consider increasing relocation assistance, staff does not recommend increasing relocation assistance requirements at this time. In addition, staff has fielded very few phone calls or emails from tenants who are being evicted for a no-fault, just cause.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
X General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Ernie Defrenchi, Affordable Housing Manager
Reviewed by: Jenny Carloni, Housing Officer
Reviewed by: Trudi Ryan, Director, Community Development
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Report to Planning Commission [25-0254, February 10, 2025] (without attachments, same as Housing and Human Services Commission report)
2. Outreach Survey Results
Additional Attachments for Report to Council
3. Excerpt of Draft Minutes of the Housing and Human Services Commission Meeting of January 22, 2025
4. Excerpt of Draft Minutes of the Planning Commission Meeting of February 10, 2025
5. Reference Information: RTC No. 23-0515 - Introduce an Ordinance to Add Chapter 19.71 of Title 19 of the Sunnyvale Municipal Code Creating a Residential Tenant Protections Program (Study Issue)