Relocation Relief

By Jorge Casuso

Tuesday, April 13 -- The Santa Monica City Council unanimously passed an emergency ordinance tonight that clarifies a landlord's obligation to provide temporary housing and pay the moving costs for tenants displaced by substantial rehabilitation.

The ordinance -- which goes into effect immediately -- comes during a spate of renovation spurred by a state law that allows landlords to charge market rates for vacated rent-controlled units. In many cases, the work renders the premises uninhabitable.

Under the ordinance, the relocation benefits include both temporary housing costs and moving costs.

The housing must be comparable to the tenants existing housing - from location and size to number of bedrooms and amenities, including allowance for pets. The tenant is responsible for paying the rent. If the temporary housing is more expensive, the landlord must pay the difference.

Under the ordinance, moving costs include "transportation of personal property, packing and unpacking, disconnection and reconnection of utility services, insurance covering moving and compensation for any damages occurring during moving."

While the previous law required landlords to assume responsibility for relocation, it left unclear the extent of a landlord's obligations and failed to provide adequate remedies, according to the staff report.

The law's shortcomings were highlighted by two recent situations. In one, tenants were relocated on short notice after city inspectors determined that construction work had rendered a building unsafe, according to the report. In another, a controversy arose over the legality of relocation arrangements made by the landlord.

The emergency ordinance establishes a civil remedy for violation of local relocation laws.

City staff is currently working on a comprehensive proposal to protect tenants in buildings undergoing substantial renovation. The plan is expected to go before the council in late May or early June.

In other action, the council unanimously voted to appoint Susan McCarthy to the position of city manager.

"I will be characteristically brief," joked Councilman Ken Genser. "I'm thrilled."

"I'm thrilled too," chimed in Mayor Pam O'Connor.

"I'm also thrilled," echoed Councilman Michael Feinstein.

After the vote, a prolonged applause broke out in the chamber.

McCarthy, who is currently the assistant city manager will take over the post Nov. 21.

In a separate measure, the council also voted unanimously to increase assessments for businesses in the Main Street Business Improvement Area.

The projected fees -- which will pay for promoting and marketing the area, as well as exploring solutions to the parking shortage - are about $91,000 a year.

The area's merchants had urged the city to increase the levy.

"It's remarkable that a group of merchants would come to the city council and beg you to raise their taxes," said former Mayor Judy Abdo, who serves as community representative on the Main Street Assessment Board.