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File #: 25-162    Version: 1 Name:
Type: Informational Report Status: Agenda Ready
File created: 5/5/2025 In control: City Council
On agenda: 5/13/2025 Final action:
Title: PROVIDE DIRECTION ON TENANT PROTECTION MEASURES, INCLUDING: (1) A LOCAL RENTAL REGISTRY, AND (2) FIRST READING AND ADOPTION OF A REVISED ANTI-HARASSMENT ORDINANCE (FUNDING SOURCE: GENERAL FUND)
Attachments: 1. Anti-Harassment Ordinance, 2. FPPC Advice Letter, 3. Material from February 11 City Council Meeting, 4. Public Comment (February 11 Meeting), 5. Public Comment (Received after February 11), 6. Material from Anti-Harassment Listening Sessions

TO:                     CITY COUNCIL                     

 

FROM:                     ADAM PIRRIE, CITY MANAGER

 

DATE:                     MAY 13, 2025                     

Reviewed by:

City Manager: AP

                     

SUBJECT:

 

Title

PROVIDE DIRECTION ON TENANT PROTECTION MEASURES, INCLUDING: (1) A LOCAL RENTAL REGISTRY, AND (2) FIRST READING AND ADOPTION OF A REVISED ANTI-HARASSMENT ORDINANCE (FUNDING SOURCE: GENERAL FUND)

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SUMMARY

 

On February 11, 2025, staff presented an item to the City Council seeking policy direction on matters relating to tenant protections. At that meeting, staff received the following direction:

 

                     The City Council voted to maintain the Claremont Temporary Housing Stabilization and Relocation Program through Program Cycle 4 and re-evaluate the program once the Los Angeles County Affordable Housing Solutions Agency (LACAHSA) produces a program budget for a permanent rental assistance program using Measure A funds, which would be administered at a regional level.

                     The City Council introduced and approved on first reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADDING CHAPTER 8.35 (“PROHIBITION OF TENANT HARASSMENT”) TO TITLE 8 (“HEALTH AND SAFETY”) OF THE CLAREMONT MUNICIPAL CODE, PROHIBITING THE HARASSMENT OF TENANTS. The City Council also directed staff to conduct stakeholder outreach before the second reading of this “Anti-Harassment” Ordinance.

                     The City Council voted not to pursue a contract for third-party dispute resolution/mediation services, since Los Angeles County already offers these services.

                     The City Council voted not to establish a Claremont Rental Registry at that time, and instead directed staff to bring the discussion back to the City Council if the Fair Political Practices Commission (FPPC) determines that Councilmember Reece does not have a conflict of interest and can participate. Councilmember Reece had previously recused himself from discussions related to tenant protections due to his ownership of residential rental property in Claremont.

 

Since February 11, the following has occurred:

 

                     Staff conducted stakeholder outreach related to an Anti-Harassment Ordinance, and revised the draft Ordinance for City Council consideration. The revised draft can be found in Attachment A.

                     Councilmember Reece received guidance from the FPPC on May 1, 2025. The FPPC letter, which can be found in Attachment B, advised Councilmember Reece that he has a conflict and must recuse himself on the City Council’s consideration of the establishment of a Claremont Rental Registry and the Anti-Harassment Ordinance, unless the proposal would be applicable to all rental units in the City of Claremont, in which case the “public generally” exception would apply. In other words, if the City Council would like to consider “carve outs” or exceptions for certain residential rental properties in either of these proposals, then Councilmember Reece would need to recuse himself from the City Council’s consideration of that proposal. 

 

Staff has prepared this report to:

 

                     Seek policy direction from the City Council regarding the establishment of a Rental Registry that would apply to all rental units in the City of Claremont. One potential purpose of a Rental Registry is to gather data needed to evaluate whether to adopt and implement rent stabilization measures; however, a rent stabilization ordinance is not being presented to the City Council for its consideration at this time.

                     Present the City Council with a revised draft “Anti-Harassment” Ordinance. This draft Ordinance would create a new standalone chapter in the City’s Municipal Code that applies to all residential renters and landlords in Claremont, not just those subject to the City’s existing Just Cause Eviction Ordinance. If a majority of the City Council would like to adopt this Ordinance, the City Council can introduce and conduct a first reading of the Ordinance.

 

RECOMMENDATION

 

Recommended Action

Staff recommends the City Council:

A.                     Provide policy direction to staff regarding the implementation of a Claremont Rental Registry that would apply to all rental units in the City of Claremont; and

B.                     Consider introducing for first reading and that reading by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADDING CHAPTER 8.35 (“PROHIBITION OF HARASSMENT IN RENTAL HOUSING”) TO TITLE 8 (“HEALTH AND SAFETY”) OF THE CLAREMONT MUNICIPAL CODE, PROHIBITING THE HARASSMENT OF TENANTS.

 

The items above are policy decisions for the City Council. Staff is not making a recommendation (positive, negative, or otherwise) on either of these items.

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ALTERNATIVES TO RECOMMENDATION

 

In addition to the recommendation, there are the following alternatives:

 

A.                     Request additional information from staff.

B.                     Request changes to the draft Anti-Harassment Ordinance. Depending on the nature and scope of the changes, this item may need to be continued to a future City Council meeting. If the City Council would like to consider revisions to the Ordinance that would create “carve outs” or exceptions for certain residential rental properties, then Councilmember Reece would need to recuse himself.

C.                     Take no action on one or both of the above-listed items.

 

FINANCIAL REVIEW

 

If the City Council pursues the establishment of a Claremont Rental Registry, based on cost estimates received from three reputable vendors, annual rental registry software costs for the City of Claremont would range between $60,000 and $87,600 in Year 1 and between $54,180 and $83,200 in subsequent years. Staff was not able to identify any City that has a rental registry and does not have any designated City staff positions who provide internal and external rental registry support. Additionally, City of Claremont staff spoke with staff from other cities who have rental registries (Burbank, Ventura, and Pomona) as well as rental registry vendors to verify that rental registries are generally not implemented without support from City staff, even when there is third-party consultant support involved, which is rare. Some examples of staff time would include contract management (with the software provider and/or a third-party rental registry consultant); data collection and analysis; public information/community outreach; and customer service.

 

In the event the City Council elects to establish a rental registry strictly for the purpose of gathering data, staff would recommend the addition of at least one full-time position to support the maintenance of the registry. The estimated annual cost for one additional Management Analyst position is $140,000.  If the registry is established to support additional programs, including but not limited to rent stabilization and enforcement, additional staff may be required.  Additionally, legal fees would be billed hourly at the contract rate as a special legal service.

 

As noted above, the City Council may consider contracting with a third-party consultant who specializes in rental registry development and management. Most cities structure their rental registries in a way where City staff works directly with the software provider to implement and manage rental registries; however, the City of Pasadena contracted with Bhyv Consulting to assist them with establishing a rental registry and to develop a staffing plan for Pasadena’s Rental Housing Board. The total contract cost was $425,000, which breaks down to an approximate $250/hour consultant rate. Specifically, the rental registration component of their contract (which involved researching rent registry programs; executing a vendor contract for database build; implementation; providing technical support for rent registry; and outreach) cost $250,000. Due to the high cost associated with hiring a specialized consultant, staff would not recommend that the City Council pursue consultant support for a Claremont Rental Registry.

 

The staff cost and legal fees to conduct research and prepare this report are estimated at $7,000 and are included in the operating budget of the Administrative Services Department.

 

ANALYSIS

 

Background

 

On February 11, 2025, staff presented an item to the City Council seeking policy direction on these matters.  At that meeting, staff received the following direction:

 

                     The City Council voted to maintain the Claremont Temporary Housing Stabilization and Relocation Program through Program Cycle 4 and re-evaluate the program once the Los Angeles County Affordable Housing Solutions Agency (LACAHSA) produces a program budget for a permanent rental assistance program using Measure A funds, which would be administered at a regional level.

                     The City Council introduced and approved a first reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADDING CHAPTER 8.35 (“PROHIBITION OF TENANT HARASSMENT”) TO TITLE 8 (“HEALTH AND SAFETY”) OF THE CLAREMONT MUNICIPAL CODE, PROHIBITING THE HARASSMENT OF TENANTS. The City Council also directed staff to conduct stakeholder outreach before the second reading of this “Anti-Harassment” Ordinance.

                     The City Council voted not to pursue a contract for third-party dispute resolution/mediation services, since Los Angeles County already offers these services.

                     The City Council voted not to establish a Claremont Rental Registry at that time, and instead directed staff to bring the discussion back to the City Council if the Fair Political Practices Commission (FPPC) determines that Councilmember Reece does not have a conflict of interest and can participate. Councilmember Reece had previously recused himself from discussions related to tenant protections due to his ownership of residential rental property in Claremont.

 

More information on tenant protection efforts in the City of Claremont can be found in Attachment C, which contains material from the February 11 City Council meeting.  Archived video of the February 11 City Council meeting can also be viewed here: <https://claremontca.granicus.com/MediaPlayer.php?view_id=2&clip_id=1786>

 

FPPC Advice

 

Councilmember Reece received guidance from the FPPC on May 1, 2025. The FPPC letter advised Councilmember Reece that he has a conflict related to both the establishment of a Claremont Rental Registry, and the Anti-Harassment Ordinance unless the proposal would be applicable to all rental units in the City of Claremont, in which case the “public generally” exception would apply. 

 

KEY DECISION #1 - Rental Registry

 

A rental registry is a database of rental properties that includes detailed information about the property owner and the rental property. Among the information a registry could provide are tenant changes, initial rents, subsequent rent increases and evictions. It could also ask housing providers to provide the names of property owners, lease terms, utilities that are covered by rental rates and reasons for any non-renewal or evictions. Under these kinds of programs, housing providers are typically required to register their properties, pay a fee and submit information about their units on an annual basis. Housing providers have raised concerns with the implementation of rental registries, citing administrative and cost burdens, as well as privacy concerns.

 

Rental registries may be established for the purpose of implementing rent stabilization programs, however, they could also be used for the collection of data to support other affordable housing and tenant programs, to monitor compliance with State laws relating to rent stabilization (i.e. AB 1482), or to serve as a deterrent to landlords who might want to raise rents higher than State law allows. In accordance with the FPPC advice, during the May 13 City Council meeting, the City Council will only be discussing and considering a rental registry that would be applicable to all rental units in the City of Claremont. More information on estimated rental registry costs and staffing requirements can be found in Attachment C, which contains material from the February 11 City Council meeting. 

 

At this time, staff is requesting policy direction from the City Council regarding whether or not it is interested in pursuing a rental registry (not rent stabilization). If the City Council directs staff to implement a rental registry, the next steps would be for staff to conduct formal vendor interviews; negotiate a multi-year contract; and make a recommendation to the City Council at a later date to include a proposed contract amount with a selected rental registry vendor. Public comment that was received on this item during the February 11, 2025 City Council meeting is attached to this report as Attachment D, and additional public comment that was received prior to this report can be found in Attachment E.

 

Staff has identified the following as “Key Decision #1,” for which direction will be sought during the May 13 City Council meeting: Should staff move forward with the next steps to establish a Claremont Rental Registry for all rental units in the City of Claremont?

 

KEY DECISION #2 - Anti-Harassment Ordinance

 

On February 11, 2025, the City Council introduced and approved a first reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADDING CHAPTER 8.35 (“PROHIBITION OF TENANT HARASSMENT”) TO TITLE 8 (“HEALTH AND SAFETY”) OF THE CLAREMONT MUNICIPAL CODE, PROHIBITING THE HARASSMENT OF TENANTS. The City Council also directed staff to conduct stakeholder outreach before the second reading of this “Anti-Harassment” Ordinance. Staff held two listening sessions in March 2025, one of which was in-person and the other was held virtually. Staff’s presentation and feedback that was received during the listening sessions can be found in Attachment F.

 

A revised “Anti-Harassment” Ordinance can be found in Attachment A, and incorporates some of the recommendations and feedback that were shared during the listening sessions.  Some of the key revisions in this version of the Ordinance include:

 

                     The most significant change to the revised draft Ordinance is that it includes language prohibiting other forms of harassment (i.e., tenant-on-tenant and tenant-on-landlord harassment in addition to landlord-on-tenant harassment), as directed by the City Council during its February 11 meeting. 

                     The draft the City Council approved on first reading prohibited landlords from disclosing or threatening to disclose information regarding the immigration or citizenship status of a tenant. Language was added that prohibits tenants from disclosing or threatening to disclose information regarding the immigration or citizenship status of their landlord or another tenant.

                     Language was added that clarifies for the purposes of awarding “reasonable attorney’s fees and costs”, a tenant or landlord prevailing in court includes a tenant or landlord who successfully defends a civil action filed pursuant the Ordinance.

                     The revised Ordinance elaborates on the “Advanced Written Notice” procedure by removing the “blanket” 30-day response requirement and instead differentiating between (1) any action that constitutes harassment (which requires immediate corrective action upon receipt of written notice) and (2) addressing any conditions that constitute harassment (which requires making diligent progress upon receipt of written notice).

 

This Ordinance would be a new standalone chapter in the City’s Municipal Code so that it would apply to all renters and landlords in Claremont, not just those subject to the City’s existing Just Cause Eviction Ordinance. In accordance with the FPPC advice, during the May 13 City Council meeting, the City Council will only be discussing and considering an Anti-Harassment Ordinance that would be applicable to all rental units in the City of Claremont. Additional considerations relating to an Anti-Harassment Ordinance can be found in Attachment C, which contains material from the February 11 City Council meeting. Public comment that was received on this item during the February 11, 2025 City Council meeting is attached to this report as Attachment D, and additional public comment that was received prior to this report can be found in Attachment E. 

 

Staff has identified the following as “Key Decision #2,” for which direction will be sought during the May 13 City Council meeting: Does the majority of the City Council want to adopt the Anti-Harassment Ordinance as proposed?

 

LEGAL REVIEW

 

The revised draft Ordinance has been reviewed and approved as to form by the City Attorney.

 

RELATIONSHIP TO CITY PLANNING DOCUMENTS

 

Staff has evaluated the agenda item in relationship to the City’s strategic and visioning documents and finds that it applies to the following City Planning Documents: Council Priorities, Sustainable City Plan, General Plan, and the 2024-26 Budget.

 

CEQA REVIEW

 

This item is not subject to environmental review under the California Environmental Quality Act (CEQA).

 

PUBLIC NOTICE PROCESS

 

The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk’s Office.

 

Submitted by:                     Prepared by:

 

Adam Pirrie                     Katie Wand

City Manager                     Deputy City Manager

 

Attachments:

A - Anti-Harassment Ordinance

B - FPPC Advice Letter

C - Material from February 11 City Council Meeting

D - Public Comment (February 11 Meeting)

E - Public Comment (Received after February 11)

F - Material from Anti-Harassment Listening Sessions