By Jonathan Friedman

July 23, 2010 -- As was expected based on last week’s approval in concept, the City Council on Thursday voted to place three tenant protection items on the Nov. 2 ballot. The vote was unanimous, with Council member Robert Holbrook changing his view from last week.

The measure calls for a “reasonable” warning period to correct a rental agreement violation prior to the issuance a three-day eviction notice, the requirement that a landlord show “good cause” to evict a tenant and a prohibition against evicting long-term elderly, disabled or terminally ill tenants for owner occupancy unless the owner also qualifies under one of those categories.

“This measure reflects what responsible landlords are already doing,” Council member Richard Bloom said. “It protects tenants from the actions of those who are, for whatever reason they have, being less than responsible.”

The warning period and eviction protection for the elderly, disabled and terminally ill must go on the ballot because they are amendments to the rent control law in the City Charter. The other item could have been approved as an ordinance by the council since it is the extension of an existing protection for those living in rent- controlled units to those who do not.

But after they were persuaded last week by some public speakers, council members decided they wanted all the items on the ballot so that they could be in the City Charter, which could only be altered by another vote of the electorate. An ordinance could be reversed by a future council.

Holbrook said last week that he supported an ordinance, but did not want an election because it would be divisive and could threaten the half-cent sales tax measure. He said on Thursday that he changed his mind because he wanted to prevent a future council from removing the protection. But Holbrook said he still feels uneasy about this measure going on the ballot.

“I’m very concerned that the apartment owner groups will attack this measure and there will be a lot of negativism,” Holbrook said.

He continued, “I would just hate to have that impact upon the City’s sales tax measure.”

Rosario Perry, the attorney for the landlord group Action Apartment Association, has said he would file a lawsuit to prevent these items from going on the ballot. He made the statement when the items were in proposal form prior to creation of the measure. Neither Perry nor any other opponent spoke at Thursday’s meeting.

The council heard from several public speakers who encouraged approval. Andrew Walzer, who sits on the Santa Monica College Board of Trustees, told the council he recently received a three-day eviction notice because of some items left outside his unit.

“It was a really terrifying experience,” Walzer said. “And I’m a relatively able-bodied person; healthy, thankfully, of mind and body. And it was still terrifying.”

Walzer said he was not evicted in the end, but he had to scramble to deal with the situation. In his case, the extended warning period would have been beneficial.

Also at the meeting, the council voted to keep Jay Johnson on the Planning Commission through November so that his recently appointed replacement, Jennifer Kennedy, could complete her term on the Rent Control Board.

The council last week by a 5-2 vote appointed Kennedy to the commission. Since that time, it was determined there could be a conflict for her to sit on both government bodies at the same time.

Kennedy is a rising star among Santa Monicans for Renters Rights activists. To the surprise of many political observers, she was nearly appointed to the council earlier this year when a selection was made to fill the seat of the late Ken Genser. Kennedy received several votes, including support from Gleam Davis in every round of voting. The seat was eventually granted to Terry O’Day.

“This measure reflects what responsible landlords are already doing. It protects tenants from the actions of those who are, for whatever reason they have, being less than responsible.”
    Council member
    Richard Bloom said. “