ORDINANCE NO. -------- RENT BY TENANTS IMPACTED BY COVID-19 · Emergency Services' declaration of...

Introduced by: Councilmember Madison

ORDINANCE NO. 736 3 --------AN UNCODIFIED ORDINANCE OF THE CITY OF PASADENA SUPERSEDING ORDINANCE NO. 7359, A MORATORIUM ON EVICTIONS FOR NON-PAYMENT OF RENT BY TENANTS IMPACTED BY COVID-19

WHEREAS, pursuant to the City's police power, as granted broadly under Article

XI, Section 7 of the California Constitution, the City Council has the authority to enact

and enforce ordinances and regulations for the public peace, morals and welfare of the

City and its residents;

WHEREAS, international, national, state, and local health and governmental

authorities are responding to an outbreak of respiratory disease caused by a novel

coronavirus named "SARS-CoV-2," and the disease it causes has been named

"coronavirus disease 2019," abbreviated COVID-19, ("COVID-19");

WHEREAS, on March 4, 2020, the Health Officer declared the existence of a

local health emergency in Pasadena, and on March 9, 2020, the City Council adopted a

resolution ratifying the Health Officer's declaration;

WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors

and Department of Public Health declared a local emergency and local public health

emergency to aid the regional healthcare and governmental community in responding to

COVID-19;

WHEREAS, on March 4, 2020, the Governor of the State of California declared a

state of emergency to make additional resources available, formalize emergency

actions already underway across multiple state agencies and departments, and help the

state prepare for broader spread of COVID-19;

WHEREAS, on March 13, 2020, the President of the United States of America

declared a national emergency and announced that the federal government would make

emergency funding available to assist state and local governments in preventing the

spread of and addressing the effects of COVID-19;

WHEREAS, on March 17, 2020, the City Council ratified the Director of Disaster

Emergency Services' declaration of the existence of a local emergency, allowing the

City of Pasadena to address the COVID-19 pandemic;

WHEREAS, on March 17, 2020, the City Council ratified an eviction moratorium

to protect tenants experiencing financial impacts related to COVID-19; such moratorium

currently resides as uncodified ordinance no. 7359;

WHEREAS, on March 19, 2020, the Governor of California issued Executive

Order N-33-20 directing all residents of the State of California to heed directives issued

by the State Health Officer on the same date instructing all Californians to stay home

except as needed to maintain continuity of operations of the federal critical infrastructure

sectors;

WHEREAS, on March 19, 2020, the Pasadena Health Officer issued a Safer at

Home Order for Control of COVID-19, and on March 22, 2020, the Health Officer issued

a Revised Order, which incorporates the Order of the State Public Health Officer set

forth in the Governor's March 19 Executive Order N-33-20;

WHEREAS, on March 27, 2020, the President of the United States signed the

Coronavirus Aid, Relief and Economic Security Act, which prohibits (in Section 4024)

that landlords with a mortgage guaranteed, supplemented, protected or assisted in any

way by specific federal programs from initiating legal action to recover possession of a

0000161461C031 2

rental unit or charge late fees, penalties or other charges to the tenants related to the

nonpayment of rent;

WHEREAS, on March 27, 2020, the Governor of California issued Executive

Order N-37-20, extending the time for a tenant to respond to a summons and prohibiting

the enforcement of a writ for tenants unable to pay due to reasons related to COVID-19;

and

WHEREAS, on April 6, 2020, the Judicial Council adopted an emergency court

rule that effectively delays all evictions, other than those necessary to protect public

health and safety, for the duration of the COVID-19 emergency; the rule is applicable to

all courts and to all eviction cases, whether they are based on a tenant's missed rent

payment or another reason; among other things, the rule temporarily prohibits a court

from issuing a summons after a landlord files an eviction case, unless necessary to

protect public health and safety; as a result, even if a landlord files an eviction case, he

or she will not have a summons to serve on the tenant until 90 days after the

emergency passes; and

WHEREAS, the Centers for Disease Control and Prevention, the California

Department of Health, and the Pasadena Public Health Department have all issued

recommendations including but not limited to social distancing, staying home if sick,

canceling or postponing large group events, working from home, and other precautions

to protect public health and prevent transmission of this communicable virus;

WHEREAS, as a result of the public health emergency and the precautions

recommended by health authorities, many tenants in Pasadena have experienced or

expect soon to experience sudden and unexpected income loss;

0000161461 C031 3

WHEREAS, the Governor of the State of California has stated that individuals

exposed to COVID-19 may be temporarily unable to report to work due to illness caused

by COVID-19 or quarantines related to COVID-19 and individuals directly affected by

COVID-19 may experience potential loss of income, health care and medical coverage,

and ability to pay for housing and basic needs, thereby placing increased demands on

already strained regional and local health and safety resources, including shelters and

food banks;

WHEREAS, further economic impacts are anticipated, leaving tenants vulnerable

to eviction;

WHEREAS, during this local emergency, and in the interest of protecting the

public health and preventing transmission of COVID-19, it is essential to (a) avoid

unnecessary housing displacement, to protect the City's affordable housing stock, and

to prevent housed individuals from falling into homelessness; and (b} avoid

unnecessary displacement of commercial businesses;

WHEREAS, loss of income as a result of COVID-19 may inhibit Pasadena

residents and businesses from fulfilling their financial obligations;

WHEREAS, this local emergency includes an economic crisis that could only

worsen the existing housing crisis in the City and in Los Angeles County;

WHEREAS, this ordinance is necessary to protect public health and safety, as

affected by the emergency caused by the spread of COVID-19;

WHEREAS, staff discussions, testimony, and documentary evidence presented

in a public forum support the basis of the findings and actions set forth in this ordinance.

0000161461C031 4

NOW THEREFORE, the People of the City of Pasadena ordain as follows:

SECTION 1. This ordinance, due to its length and corresponding cost of

publication will be published by title and summary as permitted by Section 508 of the

Pasadena City Charter. The approved summary of this ordinance is as follows:

"SUMMARY

Ordinance No. 7363 , an uncodified ordinance, amends Ordinance No. 7359,

the moratorium on eviction for non-payment of rent by residential and commercial

tenants impacted by the COVID-19 pandemic.

Ordinance No. 7363 shall take effect upon publication."

SECTION 2. The above recitals are true and correct and are a substantive part

of this Ordinance.

SECTION 3. Ordinance no. 7359, An Uncodified Ordinance Enacting a

Moratorium on Evictions for Non-Payment of Rent by Tenants Impacted by the COVID-

19 Pandemic, is superseded by this ordinance.

SECTION 4. Definitions

For the purpose of this ordinance, certain words and phrases are defined in this

section, unless it is apparent from the context that a different meaning is intended:

A. "Financial impacts related to COVID-19" include, but are not limited to, (1)

for residential tenants, lost household income as a result of any of the following: (a)

being sick with COVID-19, or caring for a household or family member who is sick with

COVID-19; {b) lay-off, loss of hours, or other income reduction resulting from business

closure or other economic or employer impacts of COVID-19; (c) compliance with a

recommendation from a government health authority to stay home, self-quarantine, or

0000161461 C031 5

avoid congregating with others during the state of emergency; (d) extraordinary out-of-

pocket medical expenses; or (e) child care needs arising from school closures related to

COVID-19; and (2) for commercial tenants, lost business income from full or partial

closure of the business (voluntarily or by mandate) to prevent or reduce the spread of

COVID-19.

B. "In writing" includes email or text communications to a landlord or the

landlord's representative with whom the tenant has previously corresponded by email or

text

C. "Landlord" means the owner or lessor of the rental unit or property and in

addition means a person authorized to exercise any aspect of the management of the

premises, acting on behalf of such persons, and/or engaged in the business of leasing

or renting an apartment building, commercial building or any part thereof, multiple

dwellings, rooming house, dwelling or dwellings to another.

D. "Local emergency" means the local emergency to respond to the COVID-

19 pandemic, declared by the Director of Disaster Emergency Services on March 16,

2020 and ratified by the City Council on March 17, 2020.

E. "No-fault eviction" refers to any eviction for which the notice to terminate

tenancy is not based on alleged fault by the residential tenant, including, but not limited

to, eviction notices served pursuant to Code of Civil Procedure Sections 1161(1),

1161(5), or 1161c.

F. "Pass-through charges" means costs, other than rent, appearing as a

separate line item on a rent statement, which a landlord passes through to a tenant for

(1) the replacement or substantial modification of any structural, electrical, plumbing, or

0000161461C031 6

mechanical system, (2) abatement of hazardous materials, such as lead-based paint or

asbestos, (3) capital Improvements, including, but not limited to, the complete exterior

painting of the building, landscaping, flooring, fixtures, doors, windows, fences, security

items, meter conversions, major appliances, or window screens and coverings, (4)

increases in maintenance and operating expenses, and (5) increases in property taxes.

G. "Person" shall mean any individual, partnership, firm, association,

corporation, or other legal entity.

H. "Rent" means a fixed periodic compensation paid by a tenant at fixed

intervals to a landlord for the possession and use of property, including, but not limited

to, any amount paid to the landlord for parking, storage, utilities, water, garbage, or any

other fee or charge associated with the tenancy "Rent" includes costs associated with

a ratio utility billing system which allocates the property's actual utility bill to the tenant

based on an occupant factor, square footage factor or any other similar factors.

I. "Tenant" means a person, partnership, corporation, family trust or other

business entity entitled by a written or oral agreement to occupy a rental unit to the

exclusion of others, and actually occupy said rental unit for residential or commercial

purposes (including, but not limited to, a self-storage facility, as defined by Pasadena

Municipal Code Section 17.80.020).

SECTION 5. Eviction Moratorium

A During the period of local emergency declared in response to the COVID-

19 pandemic:

1. For residential properties, no landlord shall endeavor to evict a

tenant in either of the following situations: ( 1) for non-payment of

0000161461C031 7

rent if the tenant is unable to pay rent due to financial impacts

related to COVID-19 or (2) for a no-fault eviction unless necessary

for the health and safety of tenants, neighbors, or the landlord. A

landlord who knows that a tenant cannot pay some or all of the rent

temporarily for the reasons set forth above shall not serve a notice

pursuant to California Code of Civil Procedure Section 1161 (2), file

or prosecute an unlawful detainer action based on a three-day pay

or quit notice, or otherwise seek to evict for non-payment of rent.

2. For commercial properties, no landlord shall endeavor to evict a

commercial tenant for non-payment of rent if a commercial tenant is

unable to pay rent due to financial impacts related to COVID-19.

B. A landlord knows of a tenant's inability to pay rent if the tenant, within 30

days after the date that rent is due, notifies the landlord in writing of lost income and

inability to pay full rent due to financial impacts related to COVID-19, and provides

documentation to support the claim. Any medical or financial information provided to

the landlord shall be held in confidence, and only used for evaluating the tenant's claim.

C. A landlord shall give written notice of the protections afforded by this

ordinance to each tenant no later than 30 days after its effective date. In lieu of

providing written notice to each tenant's rental unit, a landlord may conspicuously post

and prominently display such notice in the common areas of the property during the

pendency of this local emergency.

0000161461C031 8

D. Nothing in this ordinance shall relieve the tenant of liability for the unpaid

rent, which the landlord may seek after expiration of the local emergency and the tenant

must pay within six (6) months of the expiration of the local emergency.

E. Landlords and tenants are encouraged to agree on payment plans that

would allow for partial rent payments, if tenants are financially able to make such partial

payments.

F. As applied to notices of termination issued prior to the effective date of this

ordinance, this ordinance shall apply to tenancies where, as of the effective date of this

ordinance, said tenant remains in possession and/or any eviction lawsuit has not

reached a final judgment or issuance of a final order, after all appeals have been

exhausted.

SECTION 6. Additional Prohibitions

Where a landlord knows of a tenant's inability to pay rent for the reasons stated

in this ordinance, a landlord shall not:

A. Charge or collect rent that is delayed;

B. Charge or collect interest and/or late fees for delayed rent;

C. Charge or collect any new pass-through charges; and/or

D. Harass or intimidate tenants for lawful actions expressly permitted under

this ordinance, including, but not limited to, (1) interrupting, terminating, or failing to

provide services required by rental agreement or lease or by federal, State, County, or

local housing, health, or safety laws; (2) failing to perform repairs and maintenance

required by rental agreement or lease or by federal, State or local housing, health, or

safety laws; (3) abusing a tenant with words which are offensive and inherently likely

0000161461C031 9

to provoke an immediate violent reaction (including words used during in-person

conversations, through social media postings or messages, or other communications);

(4) influencing or attempting to influence a tenant to vacate his/her/their premises

through fraud, intimidation or coercion, which shall include threatening to report a

Tenant to the United States Department of Homeland Security; (5) threatening a

tenant, by word or gesture, with physical harm; or (6) denying a tenant access to the

premises, or moving or converting the tenant's possessions.

SECTION 7. Relation to Tenant Protection Ordinance

This ordinance shall not be read in any way to (a) adversely affect and/or

abrogate the rights of tenants under Chapter 9. 75 of the Pasadena Municipal Code

(Tenant Protection); and/or (b) prohibit any terminations of tenancy for just cause, or

other terminations of tenancy where this ordinance does not apply.

SECTION 8. Remedies

A tenant's compliance with this ordinance may be used as an affirmative defense in

an unlawful detainer action.

SECTION 9. Automatic Sunset of this Ordinance

Given the temporary, emergency nature of this ordinance and the provisions

contained herein, this ordinance shall automatically sunset and expire upon the City

Council's termination of the local emergency. The six-month grace period for tenants to

repay unpaid rent shall survive the termination of this ordinance.

SECTION 10. The City Council hereby declares that, should any section,

subsection paragraph, sentence, phrase, term or word of this ordinance, hereby

adopted, be declared for any reason to be unconstitutional or invalid, it is the intent of

0000161461C031 10

the City Council that it would have adopted all other portions of this ordinance

irrespective of any such portion declared invalid.

SECTION 11. The City Clerk shall certify the adoption of this ordinance and shall

cause this ordinance to be published by title and summary.

0000161461 C031 11

SECTION 12. This ordinance shall take effect upon publication.

Signed and approved this lBth day of May, 2020.

/s/ Terry Tornek

Terry T ornek Mayor of the City of Pasadena

I HEREBY CERTIFY that the foregoing ordinance was adopted by the City

Council of the City of Pasadena at its meeting held this 18 th day of May

_______ , 2020, by the following vote:

AYES: Councilmembers Kennedy, Madison, Masuda, Wilson, Vice Mayor Hampton, Mayor Tornek

NOES: None

ABSENT: Councilmembers Gordo, McAustin

ABSTAIN: None

Date: Published: May 21, 2020

Javan . Rad :Chi Assistant City Attorney

0000161461C031 12

Ordinance Fact Sheet

TO: CITY COUNCIL DATE: May 11, 2020

FROM: CITY ATTORNEY

SUBJECT: UNCODIFIED ORDINANCE OF THE CITY OF PASADENA SUPERSEDING ORDINANCE NO. 7359, A MORATORIUM ON EVICTIONS FOR NON-PAYMENT OF RENT BY TENANTS IMPACTED BY COVID-19

TITLE OF PROPOSED ORDINANCE

UNCODIFIED ORDINANCE OF THE CITY OF PASADENA SUPERSEDING ORDINANCE NO. 7359, A MORATORIUM ON EVICTIONS FOR NON-PAYMENT OF RENT BY TENANTS IMPACTED BY COVID-19

PURPOSE OF ORDINANCE

This ordinance updates the City's existing eviction moratorium for residential and commercial tenants who experience financial impacts from the COVID-19 pandemic, imposing a moratorium on eviction for non-payment of rent by residential and commercial tenants impacted by the COVID-19 pandemic. Of note, at its May 4, 2020 meeting, the Council approved of revisions that (a) prohibit landlords from imposing pass-throughs, interest, or late fees for unpaid rent during the moratorium, (b) extend the moratorium to self-storage facilities; (c) encourage partial payment of rent; and (d) prohibit landlords from harassing or intimidating tenants who exercise their protections under the moratorium.

REASON WHY LEGISLATION IS NEEDED

This ordinance is needed as a result of the public health emergency caused by the COVID-19 pandemic, and the precautions recommended by health authorities, where many tenants in Pasadena have experienced or expect soon to experience sudden and

05/18/2020

MEETING OF 657i.i.7-!M'fr

--9- 18 AGENDA ITEM NO. --~----

unexpected income loss. Consistent with City Council direction at its May 4, 2020 meeting, this ordinance enhances the existing uncodified eviction moratorium, adopted by the City Council on March 30, 2020.

PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED

The Housing Department may provide outreach to remind landlords of their requirements to provide tenants with "written notice of the protections" of the eviction moratorium. This notice requirements were not in the existing ordinance, but is proposed to be added, here.

FISCAL IMPACT

This ordinance will not have any fiscal impact.

ENVIRONMENTAL DETERMINATION

On May 4, 2020, the Council found that this ordinance is exempt from the California Environmental Quality Act.

Concurred by:

Steve Mermell City Manager

JNR:drc 5/6/2020 0000161399C031

Respectfully submitted,

Michele Beal Bagneri City Attorney

2


ORDINANCE NO. 7363 -------AN UNCODIFIED ORDINANCE OF THE CITY OF PASADENA SUPERSEDING ORDINANCE NO. 7359, A MORATORIUM ON EVICTIONS FOR NON-PAYMENT OF RENT BY TENANTS IMPACTED BY COVID-19

NOW THEREFORE, the People of the City of Pasadena ordain as follows


publication will be published by title and summary as permitted by Section 508 of the

Pasadena City Charter. The approved summary of this ordinance is as follows:

"SUMMARY

Ordinance No. 7363, an uncodified ordinance, amends Ordinance No. 7359,

the moratorium on eviction for non-payment of rent by residential and commercial

tenants impacted by the COVI D-19 pandemic.


SECTION 2. The City Clerk shall certify the adoption of this ordinance and shall

cause this ordinance to be published by title and summary.


Signed and approved this 18 th day of May, 2020.

Isl Terry Tornek Terry Tomek Mayor of the City of Pasadena

I HEREBY CERTIFY that the foregoing ordinance was adopted by the City

Council of the City of Pasadena at its meeting held this lBth day of

__ M_a_y ____ , 2020, by the following vote:

AYES: Councilmembers Kennedy, Madison, Masuda, Wilson, Vice Mayor Hampton, Mayor Tornek

NOES: None


ABSTAIN: None

Date: Published: May, 21, 2020

avan N. Rad Chief Assistant City Attorney

0000161406C031 2

SEE ADOPTED ORDINANCE 7363

Redline sho1<ving changes ji·om prior drqft ordinance presented to City Council on l'vfay 4. 2020

ORDINANCE NO.------

IFIED ORDINANCE OF THE CITY OF PASADENA SUPERSEDING -----------------=--Uf'l-b\;.,Jfl:aft-F'-+Elcr-0 RD IN AN CE NO. 7359 AND ADDING.1 A NE\ft-J CHAPTER IUM ON EVICTIONS FOR NON-PAYMENT OF THE PASADENA

IYHd'ftft...-tr1~~~--e--r-t+ti~ct.1-" RENT BY TE NAN TS IMPACTED BY COVID-19

XI, Section 7 of the Cali nia Constitution, the City Council has the authority to enact

and enforce ordinances and gulations for the public peace, morals and welfare of the


WHEREAS, international, na · nal, state, and local health and governmental

authorities are responding to an outbre k of respiratory disease caused by a novel

coronavirus named "SARS-CoV-2," and t disease it causes has been named

"coronavirus disease 2019," abbreviated COVID- 9, ("COVID-19");

WHEREAS, on March 4, 2020, the Health icer declared the existence of a

local health emergency in Pasadena, and on March 9, 2 0, the City Council adopted a


WHEREAS, on March 4, 2020, the Los Angeles Count

and Department of Public Health declared a local emergency an local public health

emergency to aid the regional healthcare and governmental community

COVID-19;

WHEREAS, on March 4, 2020, the Governor of the State of California de Jared a

state of emergency to make additional resources available, formalize emerg cy

lions already underway across multiple state agencies and departments, and help the

repare for broader spread of COVID-19;

EREAS, on March 13, 2020, the President of the United States of America

tional emergency and announced that the federal government would make

emergency fun ·ng available to assist state and local governments in preventing the

spread of and addr sing the effects of COVID-19;

WHEREAS, on arch 17, 2020, the City Council ratified the Director of Disaster

Emergency Services' decl ation of the existence of a local emergency, allowing the

City of Pasadena to address th COVID-19 pandemic;

WHEREAS, on March 17, 20, the City Council ratified an eviction moratorium

to protect tenants experiencing financi impacts related to COVID-19; such moratorium

currently resides as uncodified ordinance n . 7359;

WHEREAS, on March 19, 2020, the overnor of California issued Executive

Order N-33-20 directing all residents of the State California to heed directives issued

by the State Health Officer on the same date instruc · g all Californians to stay home

except as needed to maintain continuity of operations of tti federal critical infrastructure

sectors;

WHEREAS, on March 19, 2020, the Pasadena Health O er issued a Safer at

Home Order for Control of COVID-19, and on March 22, 2020, the He th Officer issued

a Revised Order, which incorporates the Order of the State Public Hea


WHEREAS, on March 27, 2020, the President of the United States sign

Coronavirus Aid, Relief and Economic Security Act, which prohibits (in Section 40

2

at landlords with a mortgage guaranteed, supplemented, protected or assisted in any

way y specific federal programs from initiating legal action to recover possession of a

rental u ·t or charge late fees, penalties or other charges to the tenants related to the

, on March 27, 2020, the Governor of California issued Executive

Order N-37-20, ext ding the time for a tenant to respond to a summons and prohibiting

the enforcement of a w · for tenants unable to pay due to reasons related to COVID-19;

and

WHEREAS, on April 6, 020, the Judicial Council adopted an emergency court

rule that effectively delays all evi ·ans, other than those necessary to protect public

health and safety, for the duration of tti COVID-19 emergency; the rule is applicable to

all courts and to all eviction cases, wheth they are based on a tenant's missed rent

payment or another reason; among other thin s, the rule temporarily prohibits a court

from issuing a summons after a landlord files a eviction case, unless necessary to

protect public health and safety; as a result, even if a ndlord files an eviction case, he

or she will not have a summons to serve on the nt until 90 days after the


WHEREAS, the Centers for Disease Control and Prev tion, the California

Department of Health, and the Pasadena Public Health Departme have all issued

recommendations including but not limited to social distancing, staying ome if sick,

canceling or postponing large group events, working from home, and other p

to protect public health and prevent transmission of this communicable virus;

3

WHEREAS, as a result of the public health emergency and the precautions

mended by health authorities, many tenants in Pasadena have experienced or

on to experience sudden and unexpected income loss;

EAS, the Governor of the State of California has stated that individuals

exposed to CO D-19 may be temporarily unable to report to work due to illness caused

by COVID-19 or q rantines related to COVID-19 and individuals directly affected by

COVID-19 may experie ce potential loss of income, health care and medical coverage,

and ability to pay for housi and basic needs, thereby placing increased demands on

already strained regional and I al health and safety resources, including shelters and

food banks;

WHEREAS, further economic i acts are anticipated, leaving tenants vulnerable

to eviction;

WHEREAS, during this local emergen , and in the interest of protecting the

public health and preventing transmission of C ~ID-19, it is essential to (a) avoid

unnecessary housing displacement, to protect the Cit 's affordable housing stock, and

to prevent housed individuals from falling into

unnecessary displacement of commercial businesses;

WHEREAS, loss of income as a result of COVID-19

residents and businesses from fulfilling their financial obligations;

y inhibit Pasadena

WHEREAS, this local emergency includes an economic crisis t t could only

worsen the existing housing crisis in the City and in Los Angeles County;

WHEREAS, this ordinance is necessary to protect public health and sa , as


4

WHEREAS, based on the foregoing, this ordinance is required for the immediate

EAS, staff discussions, testimony, and documentary evidence presented

in a public foru support the basis of the findings and actions set forth in this ordinance.

ORE, the People of the City of Pasadena ordain as follows:

SECTION 1. is ordinance, due to its length and corresponding cost of

publication will be publishe by title and summary as permitted by Section 508 of the

Pasadena City Charter. The ap roved summary of this ordinance is as follows:

, an uncodified ordinance, amends

Ordinance No. 7359, the moratorium on evict1 for non-payment of rent by residential

and commercial tenants impacted by the COVID-1 pandemic.

Ordinance No. ____ shall take effect upon ublication."

SECTION 2. The above recitals are true and corre and are a substantive part

of this Ordinance.

SECTION 3. Ordinance no. 7359, An Uncodified Ordinanc Enacting a

Moratorium on Evictions for Non-Payment of Rent by Tenants Impact


SECTION 4. k!D~efui nrui!,I!ti~OfJnS§f"'iaScKreAa-M\Jlffi€~1H::.eei~-il*=~~1-att<6-¥~~

Morals, and VVelfare), is amended to add a ne·N Chapter 9.76 as follows:_

5

"Chapter 9.7& CO'IJD 19 EVICTION MORATORIUM

For the purpose of this rdinance, certain words and phrases are defined

in this section, unless it is apparent fro the context that a different meaning is

intended:

A. "Financial impacts related to CO D-19" include, but are not limited to, (1)

for residential tenants, lost household income as result of any of the following: (a)

being sick with COVID-19, or caring for a household family member who is sick with

COVID-19; (b) lay-off, loss of hours, or other income red tion resulting from business

closure or other economic or employer impacts of COVID- ; (c) compliance with a

recommendation from a government health authority to stay ho , self-quarantine, or

avoid congregating with others during the state of emergency; (d) e

pocket medical expenses; or (e) child care needs arising from school clos es related to

COVID-19; and (2} for commercial tenants, lost business income from ful or partial

closure of the business (voluntarily or by mandate) to prevent or reduce the sp

COVID-19.

6

text.

B. "In writing" includes email or text communications to a landlord or the

rd's representative with whom the tenant has previously corresponded by email or

C. "Landlord" means the owner or lessor of the rental unit or property and in

person authorized to exercise any aspect of the management of the

premises, acting on ehalf of such persons, and/or engaged in the business of leasing

or renting an apartme t building, commercial building or any part thereof, multiple

dwellings, rooming house, elling or dwellings to another.

D. "Local emergenc ' means the local emergency to respond to the COVID-

19 pandemic, declared by the Dir tor of Disaster Emergency Services on March 16,

2020 and ratified by the City Council o arch 17, 2020.

E. "No-fault eviction" refers to a eviction for which the notice to terminate

tenancy is not based on alleged fault by the re idential tenant, including, but not limited

to, eviction notices served pursuant to Code o Civil Procedure Sections 1161 (1 },

1161(5), or 1161c.

F. "Pass-through charges" means costs, othe than rent, appearing as a

separate line item on a rent statement, which a landlord pass s through to a tenant for

(1) the replacement or substantial modification of any structural, ctrical, plumbing, or

mechanical system, (2) abatement of hazardous materials, such as I d-based paint or

asbestos, (3) capital Improvements, including, but not limited to, the co

painting of the building, landscaping, flooring, fixtures, doors, windows, fence

items, meter conversions, major appliances, or window screens and coverin

increases in maintenance and operating expenses, and (5) increases in property taxe

7

G. "Person" shall mean any individual, partnership, firm, association,

"Rent" means a fixed periodic compensation paid by a tenant at fixed

landlord for the possession and use of property, including, but not limited

to, any amount aid to the landlord for parking, storage, utilities, water, garbage, or any

other fee or charge ssociated with the tenancy. "Rent" includes costs associated with

a ratio utility billing sys m which allocates the property's actual utility bill to the tenant

square footage factor or any other similar factors.

te-Ftaf'il-t-S----tctt=J.B+f:Jftl--c----fi~t'&Bf+fS-r,--tf~f-H+.~;e'FJ+m=.attBR--e+~ p Ii an ce vvith tAe-req u ire me nts

ef this chapter, specifically the basis for

impacts related to COVID 19.

fta-Rt~ability to~ rent due to financial

JI. 'Tenant" means a person, partners · , corporation, family trust or other

business entity entitled by a written or oral agreeme t to occupy a rental unit to the

exclusion of others, and actually occupy said rental unit r residential or commercial

purposes (including, but not limited to, a self-storage facility, s defined by Pasadena


9.76.030 SECTION 5. Eviction Moratorium

A. During the period of local emergency declared in response t

19 pandemic:

1. For residential properties, no landlord shall endeavor to evict

tenant in either of the following situations: (1) for non-payment of

8






ursuant to California Code of Civil Procedure Section 1161 (2), file

osecute an unlawful detainer action based on a three-day pay

tice, or otherwise seek to evict for non-payment of rent.

2. For comm cial properties, no landlord shall endeavor to evict a

commercial te nt for non-payment of rent if a commercial tenant is

unable to pay rent ue to financial impacts related to COVID-19.

B. A landlord knows of a tenan inability to pay rent if the tenant, within 30

days after the date that rent is due, notifies t landlord in writing of lost income and

inability to pay full rent due to financial impacts elated to COVID-19, and provides

documentation to support the claim. Any medical or inancial information provided to

the landlord shall be held in confidence, and only used for valuating the tenant's claim.

provide documentation to support their claim.

C. A landlord shall give written notice of the protections afforded

chapterordinance to each tenant no later than 30 days after its effective date. In lieu f

9

oviding written notice to each tenant's rental unit, a landlord may conspicuously post

and rominently display such notice in the common areas of the property during the

of this local emergency.

D. Nothing in this chapterordinance shall relieve the tenant of liability for the

unpaid rent, wH· h the landlord may seek after expiration of the local emergency and

the tenant must within t•Nelve (12six (6) months of the expiration of the local

emergency.

E. Landlords an tenants are encouraged to agree on payment plans that

would allow for partial rent pay ents, if tenants are financially able to make such partial

payments.

F. As applied to notices oft mination issued prior to the effective date of this

ordinance, this ordinance shall apply to te ncies where, as of the effective date of this

ordinance, said tenant remains in possessi and/or any eviction lawsuit has not

reached a final judgment or issuance of a fina order, after all appeals have been

exhausted.

9.76.040 SECTION 6. Additional Prohibitions

Where a landlord knows of a tenant's inability to pay re for the reasons stated

in this chapterordinance, a landlord shall not:


B. Charge or collect interest and/or late fees for delayed rent;

C. Charge or collect any new pass-through charges; and/or

D. Harass or intimidate tenants for lawful actions expressly permitte

this chapterordinance, including, but not limited to, (1) interrupting, terminating,

10

iling to provide services required by rental agreement or lease or by federal, State,

health, or safety laws; (2) failing to perform repairs and

rental agreement or lease or by federal, State or local

housing, he Ith, or safety laws; (3) abusing a tenant with words which are offensive

and inherently · ely to provoke an immediate violent reaction (including words used

during in-person c versations, through social media postings or messages, or other

threatening to report a Tenant the United States Department of Homeland Security;

and (5) threatening a tenant, by w d or gesture, with physical harm.

9.76.050 SECTION 7. Relatio to Tenant Protection Ordinance

This ordinance shall not be read · any way to (a} adversely affect and/or

abrogate the rights of tenants under Chapte 9.75 of the Pasadena Municipal Code

(Tenant Protection); and/or (b} prohibit any term1 tions of tenancy for just cause, or

A .... ~. --A tenant's compliance with this

affirmative defense in an unlawful detainer action.

provided in Chapter 1.24 of this code.

11

be used as an

2. In addition to the penalty provisions in subsection (8)(1 ), violation of

this chapter may be subject to the administrative proceedings set forth

in Chapter 1.25 or 1.26 of this code.

Each violation of any provision of this chapter, and each day during

which any such violation is committee, permitted, or continued, shall

Given the tempora emergency nature of this ordinance and the provisions

contained herein, this chapter dinance shall automatically sunset and expire upon the

City Council's termination of the lo I emergency, or as of December 31, 2020, •.vhichever

comes first..:. The --1--2six-month grace p riod for tenants to repay unpaid rent shall survive

the termination of this chapterordinance.

SECTION 610. The City Council hereb declares that, should any section,

subsection paragraph, sentence, phrase, term or rd of this ordinance, hereby

adopted, be declared for any reason to be unconstituti al or invalid, it is the intent of

the City Council that it would have adopted all other portio

irrespective of any such portion declared invalid.

SECTION 611. The City Clerk shall certify the adoption of

shall cause this ordinance to be published by title and summary.

12

SECTION +12. This ordinance, receiving an affirmative vote of at least six of the

__ day of----------,-,May, 2020.

Terry Tomek Mayor of the City of Pasadena

I HEREBY CERTIFY t t the foregoing ordinance was adopted by the City

Council of the City of Pasadena ___ day of

AYES:

NOES:

ABSENT:

ABSTAIN:

Date: Published:

APPROVED AS TO FORM:

Javan N. Rad Chief Assistant City Attorney

13

SEE ADOPTED ORDINANCE 7363

ORDINANCE NO. --------AN UNC DIFIED ORDINANCE OF THE CITY OF PASADENA SUPERSEDING ORDINAN ENO. 7359, A MORATORIUM ON EVICTIONS FOR NON-PAYMENT OF RENT BY T ANTS IMPACTED BY COVID-19

, pursuant to the City's police power, as granted broadly under Article

XI, Section 7 of the alifornia Constitution, the City Council has the authority to enact

and enforce ordinances nd regulations for the public peace, morals and welfare of the


WHEREAS, internationa national, state, and local health and governmental

authorities are responding to an !break of respiratory disease caused by a novel

coronavirus named "SARS-CoV-2,"

"coronavirus disease 2019," abbreviated C

the disease it causes has been named

WHEREAS, on March 4, 2020, the He Ith Officer declared the existence of a

local health emergency in Pasadena, and on Marc 9, 2020, the City Council adopted a


WHEREAS, on March 4, 2020, the Los Angeles ounty Board of Supervisors

and Department of Public Health declared a local emergenc and local public health

emergency to aid the regional healthcare and governmental com

COVID-19;

WHEREAS, on March 4, 2020, the Governor of the State of Califor ·a declared a

state of emergency to make additional resources available, formalize

actions already underway across multiple state agencies and departments, and h

state prepare for broader spread of COVID-19;

WHEREAS, on March 13, 2020, the President of the United States of America

ared a national emergency and announced that the federal government would make

cy funding available to assist state and local governments in preventing the

d addressing the effects of COVID-19;

S, on March 17, 2020, the City Council ratified the Director of Disaster

Emergency Servi s' declaration of the existence of a local emergency, allowing the

ress the COVID-19 pandemic;

WHEREAS, on M ch 17, 2020, the City Council ratified an eviction moratorium

to protect tenants experiencin financial impacts related to COVID-19; such moratorium

currently resides as uncodified or ·nance no. 7359;

WHEREAS, on March 19, 2 the Governor of California issued Executive

Order N-33-20 directing all residents oft State of California to heed directives issued

by the State Health Officer on the same da instructing all Californians to stay home

except as needed to maintain continuity of opera · ns of the federal critical infrastructure

sectors;

WHEREAS, on March 19, 2020, the Pasadena alth Officer issued a Safer at

Home Order for Control of COVID-19, and on March 22, 20 , the Health Officer issued

a Revised Order, which incorporates the Order of the State blic Health Officer set


WHEREAS, on March 27, 2020, the President of the United S

Coronavirus Aid, Relief and Economic Security Act, which prohibits (in S lion 4024)

that landlords with a mortgage guaranteed, supplemented, protected or assiste in any

way by specific federal programs from initiating legal action to recover possession f a

0000161378C031 2

ental unit or charge late fees, penalties or other charges to the tenants related to the

March 27, 2020, the Governor of California issued Executive

Order N-3 20, extending the time for a tenant to respond to a summons and prohibiting

the enforceme t of a writ for tenants unable to pay due to reasons related to COVID-19;

and

WHEREAS, o pril 6, 2020, the Judicial Council adopted an emergency court

rule that effectively dela all evictions, other than those necessary to protect public

health and safety, for the dur ion of the COVID-19 emergency; the rule is applicable to

all courts and to all eviction cas , whether they are based on a tenant's missed rent

payment or another reason; among her things, the rule temporarily prohibits a court

from issuing a summons after a landlo files an eviction case, unless necessary to

protect public health and safety; as a result, ven if a landlord files an eviction case, he

or she will not have a summons to serve o the tenant until 90 days after the


WHE~EAS, the Centers for Disease Control Prevention, the California

Department of Health, and the Pasadena Public Health partment have all issued

recommendations including but not limited to social distancin staying home if sick,

canceling or postponing large group events, working from home, a other precautions

to protect public health and prevent transmission of this communicable

WHEREAS, as a result of the public health emergency and

recommended by health authorities, many tenants in Pasadena have experi

expect soon to experience sudden and unexpected income loss;

0000161378C031 3

WHEREAS, the Governor of the State of California has stated that individuals

sed to COVID-19 may be temporarily unable to report to work due to illness caused

by CO ID-19 or quarantines related to COVID-19 and individuals directly affected by

ay experience potential loss of income, health care and medical coverage,

and ability to y for housing and basic needs, thereby placing increased demands on

already strained r ional and local health and safety resources, including shelters and

food banks;

WHEREAS, furthe conomic impacts are anticipated, leaving tenants vulnerable

to eviction;

WHEREAS, during this lo al emergency, and in the interest of protecting the

public health and preventing trans · sion of COVID-19, it is essential to (a) avoid

unnecessary housing displacement, to p tect the City's affordable housing stock, and

to prevent housed individuals from fall1 into homelessness; and (b) avoid

unnecessary displacement of commercial busine

WHEREAS, loss of income as a result inhibit Pasadena

residents and businesses from fulfilling their financial obi ations;

WHEREAS, this local emergency includes an econ mic crisis that could only

worsen the existing housing crisis in the City and in Los Angeles ounty;

WHEREAS, this ordinance is necessary to protect public h


WHEREAS, staff discussions, testimony, and documentary evidence

in a public forum support the basis of the findings and actions set forth in this or ·nance.

0000161378C031 4



public ·on will be published by title and summary as permitted by Section 508 of the

the

ity Charter. The approved summary of this ordinance is as follows:

"SUMMARY

___ , an uncodified ordinance, amends Ordinance No. 7359,

for non-payment of rent by residential and commercial

tenants impacted by the VID-19 pandemic.

Ordinance No.---~ shall take effect upon publication."

SECTION 2. The above re itals are true and correct and are a substantive part

of this Ordinance.

SECTION 3. Ordinance no. 7359, n Uncodified Ordinance Enacting a

Moratorium on Evictions for Non-Payment of ent by Tenants Impacted by the COVID-


SECTION 4. Definitions

For the purpose of this ordinance, certain words a d phrases are defined in this

section, unless it is apparent from the context that a different eaning is intended:

A. "Financial impacts related to COVID-19" include, ti tare not limited to, (1)

for residential tenants, lost household income as a result of any

being sick with COVID-19, or caring for a household or family member ho is sick with

COVID-19; (b) lay-off, loss of hours, or other income reduction resulting fr

closure or other economic or employer impacts of COVID-19; (c) complianc with a

recommendation from a government health authority to stay home, self-quarantin

0000161378C031 5

void congregating with others during the state of emergency; (d) extraordinary out-of-

po et medical expenses; or (e) child care needs arising from school closures related to

and (2) for commercial tenants, lost business income from full or partial

e business (voluntarily or by mandate) to prevent or reduce the spread of

COVID-19.

B. "In iting" includes email or text communications to a landlord or the

e with whom the tenant has previously corresponded by email or

text.

C. the owner or lessor of the rental unit or property and in

addition means a person authori d to exercise any aspect of the management of the

premises, acting on behalf of such p sons, and/or engaged in the business of leasing

or renting an apartment building, com rcial building or any part thereof, multiple

dwellings, rooming house, dwelling or dwellin to another.

D. "Local emergency" means the loca mergency to respond to the COVID-

19 pandemic, declared by the Director of Disaster ergency Services on March 16,

2020 and ratified by the City Council on March 17, 2020.

E. "No-fault eviction" refers to any eviction for w ·ch the notice to terminate

tenancy is not based on alleged fault by the residential tenant, i luding, but not limited

to, eviction notices served pursuant to Code of Civil Procedure Sections 1161(1),

1161(5), or 1161c.

F. "Pass-through charges" means costs, other than rent, app as a

separate line item on a rent statement, which a landlord passes through to a t ant for

(1) the replacement or substantial modification of any structural, electrical, plumbin ,. . 0000161378C031

6

echanical system, (2) abatement of hazardous materials, such as lead-based paint or

stos, (3) capital Improvements, including, but not limited to, the complete exterior

paintin of the building, landscaping, flooring, fixtures, doors, windows, fences, security

items, me r conversions, major appliances, or window screens and coverings, (4)

increases in m intenance and operating expenses, and (5) increases in property taxes.

G. shall mean any individual, partnership, firm, association,

corporation, or other I

H. periodic compensation paid by a tenant at fixed

intervals to a landlord for the ossession and use of property, including, but not limited

to, any amount paid to the landlo for parking, storage, utilities, water, garbage, or any

other fee or charge associated with t tenancy. "Rent" includes costs associated with

a ratio utility billing system which allocat the property's actual utility bill to the tenant

based on an occupant factor, square footage ctor or any other similar factors.

I. "Tenant" means a person, partner ip, corporation, family trust or other

business entity entitled by a written or oral agree nt to occupy a rental unit to the

exclusion of others, and actually occupy said rental un for residential or commercial

purposes (including, but not limited to, a self-storage facilit as defined by Pasadena


SECTION 5. Eviction Moratorium

A. During the period of local emergency declared in response

19 pandemic:

1. For residential properties, no landlord shall endeavor to evi a

tenant in either of the following situations: (1) for non-payment

0000161378C031 7

2.






pursuant to California Code of Civil Procedure Section 1161 (2), file

rosecute an unlawful detainer action based on a three-day pay

otice, or otherwise seek to evict for non-payment of rent.

rcial properties, no landlord shall endeavor to evict a

commercial t ant for non-payment of rent if a commercial tenant is

unable to pay ren due to financial impacts related to COVID-19.

B. A landlord knows of a tena 's inability to pay rent if the tenant, within 30

days after the date that rent is due, notifies e landlord in writing of lost income and

inability to pay full rent due to financial impac related to COVID-19, and provides

documentation to support the claim. Any medical financial information provided to

the landlord shall be held in confidence, and only used fo evaluating the tenant's claim.

C. A landlord shall give written notice of the p tections afforded by this

ordinance to each tenant no later than 30 days after its eff tive date. In lieu of

providing written notice to each tenant's rental unit, a landlord may onspicuously post

and prominently display such notice in the common areas of the pro

pendency of this local emergency.

0000161378C031 8

D. Nothing in this ordinance shall relieve the tenant of liability for the unpaid

which the landlord may seek after expiration of the local emergency and the tenant

within six (6) months of the expiration of the local emergency.

E. Landlords and tenants are encouraged to agree on payment plans that

artial rent payments, if tenants are financially able to make such partial

payments.

F. to notices of termination issued prior to the effective date of this

ordinance, this ordinance all apply to tenancies where, as of the effective date of this

ordinance, said tenant rema s in possession and/or any eviction lawsuit has not

reached a final judgment or nee of a final order, after all appeals have been

exhausted.

SECTION 6.

Where a landlord knows of a tenant's i bility to pay rent for the reasons stated

in this ordinance, a landlord shall not:


B. Charge or collect interest and/or late fees f

C. Charge or collect any new pass-through charg

D. Harass or intimidate tenants for lawful actions ex essly permitted under

this ordinance, including, but not limited to, (1) interrupting, term, ating, or failing to

provide services required by rental agreement or lease or by federal,

local housing, health, or safety laws; (2) failing to perform repairs and

required by rental agreement or lease or by federal, State or local housing, h alth, or

safety laws; (3) abusing a tenant with words which are offensive and inherently

0000161378C031 9

o provoke an immediate violent reaction (including words used during in-person

ersations, through social media postings or messages, or other communications);

(4) or attempting to influence a tenant to vacate his/her/their premises

intimidation or coercion, which shall include threatening to report a

nited States Department of Homeland Security; and (5) threatening a

tenant, by word or esture, with physical harm.

ation to Tenant Protection Ordinance

This ordinance sh I not be read in any way to (a) adversely affect and/or

abrogate the rights of tenan under Chapter 9.75 of the Pasadena Municipal Code

(Tenant Protection); and/or (b) p hibit any terminations of tenancy for just cause, or

other terminations of tenancy where t ·s ordinance does not apply.

SECTION 8. Remedies

A tenant's compliance with this ordina e may be used as an affirmative defense in

an unlawful detainer action.

SECTION 9. Automatic Sunset of this Ordi

Given the temporary, emergency nature of th1 ordinance and the provisions

contained herein, this ordinance shall automatically suns and expire upon the City

Council's termination of the local emergency. The six-month g ce period for tenants to

repay unpaid rent shall survive the termination of this ordinance.

SECTION 10. The City Council hereby declares that, should any

subsection paragraph, sentence, phrase, term or word of this ordinance, he by

adopted, be declared for any reason to be unconstitutional or invalid, it is the int

0000161378C031 10

he City Council that it would have adopted all other portions of this ordinance

ective of any such portion declared invalid.

ECTION 11. The City Clerk shall certify the adoption of this ordinance and shall

cause this rdinance to be published by title and summary.

0000161378C031 11


Signed and approved this __ day of May, 2020.


I HEREBY C TIFY that the foregoing ordinance was adopted by the City

Council of the City of Pa dena at its meeting held this ___ day of

the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Date: Published:

Ma omsky, CMC Ci Clerk

APPROVED.A

Jav . Rad '- -Chief Assistant City Attorney

0000161378C031 12

PUBLIC COMMENT

Jomsky, Mark

From: Sent: To: Subject:

Name

Email

Phone

Addrcs.'i

City

Sta tc

Zip Code

l\lreti ng ll.t le

Agenda Item Number

Comments

City Web Wednesday, May 13, 2020 9:49 AM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item Item 17

I kkn Dunt Smith

hc-knhuntsmith ,1 grnc1ilc11111

--1(15 hi..;l l Inion Strcc1 Suite I 02

Pasadena

C.\

91 l O 1

\b\ -I. 202(1

ltcm 17

Please V\lk ag:1inst supc-rscding ordi11a11c-c 7359 Chapkr 9. 76. as this pcnalih'-; gol1d Lmdlurd.,

,, ho arc \\orking \\ ith their tenants\\ ho \\ere tin:mciall) injured b:,. the\ irn,-. I tin: in l\1,-<1Lk·na

and :1111 ;1 C(Hlllllcrcial landlurd and rent ()lk' ap:1n111c11t. ,;\ lsn do not make Lmdhnd-; 1wt i I') tcn,111h

:1bu11t a pl1~,_ibk L·h:mge in the Ll\\. \int all tt.'n,mls arc t'inanci,ill: ct'kctcd h_, the\ i1u:s. The \ll1c,-

1\h(1 arc injmed shnuld nntit~ the landkird as m::, tenants did. I hmt> 11nrh·d 11ith tll()~C tenant~

financialh injured by tl1e, irus h:, rorgi,ing surne part nt their rc111 as needed. ;111d b::. gi1 ing. all

tht.' nwnL'\ r,'Ct'i,cd l"r11111 the cit:- utiliti6 rebate w tlw ten,mt~ as a credit. in part :1" per th~'ir

need. Te11:rnh :--hould m1t be ~i, en :1dditional \\ ay,- to tcikc a,h anla~c u1· 1heir Lmdlurd,,.

especially it the::, arc not n.:all_\ financially injured. The cmrent urdi11a11cc i::; ::;u1·1iciL'llt tu p1·1ikcl

tinanci:ill;, injured tc11anb. I am .,un.: I am not the onl::, landlord to ,oluntaril:, hL'lp their t,·11:111h.

Sin,:t.:rcl;, I klcn num Smith

I consent to h,ne Ill) Yt.::s

comment read out

loud during the

meeting.

lP Address

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(Browser/OS)

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/\ppk Safari 11.1 ,, OS X

1

Jomsky, Mark


Name

Email

Phone

Address

City

Shitc

Zip Code

Meeting Date

Agenda Item Number

Comments

City Web Wednesday, May 13, 2020 9:49 AM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item Item 17

/-lekn Bunt Smith

hele n bu 11 ts 111 it h 1(°!'g:111a i l. co 111

626-86--1--265--l-

465 East l J nion Street Suite I 02

Pasadena

CA

9110 !

!Vlay 4. 2020

Item 17

Please vote against superseding ordinance 7359 Chapter 9.76. as this penalizes good landlords who are v,orking \Vith their tenants who were financially injured by the virus. l live in Pasadena and am a commercial landlord and rent one apaitment. Also do not make landlords notify tenants about a possible change in the law. Not all tenants arc financially effected by the virus. The ones who arc injured should notilY the landlord as my tenants did. I have worked \,ith those tenants financially injured by the virus by forgiving some part of their rent as needed. and by giving all the money received from the city utilities rebate to the tenants as a credit. in part as per their need. Tenants should not be given additional ways to take advantage of their landlords. especially il'they are not really financially injured. The current ordinance is sutl1cient to pmtcct tinancially injured tenants. I am sure I am not the only landlord to voluntarily help their tenants. Sincerely Helen Bunt S1111th

I consent to have my Yes

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1

Martinez, Ruben


City Web Friday, May 15, 2020 6:50 PM Public Comment; City_Council Public Comment for Meeting on May 18, 2020 about Agenda Item 18

Public Comment for Meeting on May 18, 2020 about Agenda Item 18

Name

[mail

Phone

Address

State

Zip Code

Meeting Date

Agenda Item

Number

Comments

.Juliet Angelo

I

Pasadena

CA

91101

May 18, 2020

18

\\'e are a small business in Pasadena and never missed a rent

payment during our nine years of occupancy. So far ,, .. e h,we

managed to retain our 20 employees.

\Ve timel}' requested our Landlord to negotiate rent deferral and

repayment under the 1\1oratorium, showing COVID ach:crsc impact

1

JS/18/2020 Item 18

Before engaging with any discussions Landlord demanded:

a. Audited Financial Statements for past two years. quarterly,

monthly and YTD illustrnting ownership & capital structure:

operating & net worth statements: cash flow statements illustrating

all G&A expenses; occupancy costs; Balance Sheet, personal tax

retm·ns; monthly forccastcd operating statements and CARES relief

documentation, as the sole and necessary proof of COVI D impact

b. Additional Lease guaranty (in addition to existing Personal

Guaranty), letters of credit, security deposit increases; essentially

requiring additional securitization and capital to defer payment of a

few months' rent;

c. rent payment including late fees, interest with Default and

Demand Letters threatening a pay-hack of Rent Abatement from

2011.

Landlord, refuses to disclose whether they have COVID related

loan modification or forbearance and indicated they are doing the

same with all their tenants.

Can the City Council provide us with any guidance under the

ordinance?


comment read out

loud during the

meeting.

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2

Martinez, Ruben


City Web Monday, May 18, 2020 2:57 PM Public Comment; City_Council Public Comment for Meeting on May 18, 2020 about Agenda Item 18 Second Reading Covid19 Eviction Mortatorium

Public Comment for Meeting on May 18, 2020 about Agenda Item 18 Second Reading Covidl9 Eviction Mortatorium

l\ame

Email

Phone

A.ddress

Cit\"

State

Zip Code

,1ccting Date

Agenda Item

~umhe1·

Comments

Allison Henry

Pasadena

CA

9 I I 0-'

Vlay 18, 2020

" ..

18 Second Reading: Co\ id l 9 EYiction :\lortatorium

Council,

My name is Allison He111~· and I am a tenant in district 3. I write to

express my great disappointment in council's not adopting great

protections for tenants on rcpa~ ment and certification of hardship.

You could have adopted the County's protections and worktlow for

self-certification. Also, I am disappointed that to date no funds lune 05/18/2020

1 Item 18

been established at the city lc,cl for rental assistance. This is a

tenant majority city. Also, the cities of El ,\lontc and Pomona han·

fig1u-ccl out how to use their federal assistance to pnl\ ide assistance.

A few weeks hack, council ,oted to spend o,cr S-l00,000 on a

helicopter camera. The city is exploring assistance fund, for small

business. I ha,e put this idea toy ou multiple times, some of you

privately. Things arc different now with the economy. Our tenants,

our families. our community· descne rental support. Please figure

out a way for such a fund for Pasadena tenants to he established.

Thank you.

I consent to h,n e Yes

my comment read

out loud during the

meeting.

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2

Martinez, Ruben


City Web Monday, May 18, 2020 4:02 PM Public Comment; City_Council Public Comment for Meeting on May 18, 2020 about Agenda Item 18

Public Comment for Meeting on May 18, 2020 about Agenda Item 18

'.\lame

Email

Phone

Address

City

State

Zip Code

1\'1ecting Date

Agenda Item

Number

Comments

.Jill Suzanne Shook

om

Pasadena

CA

91104

Mav 18 2020 •. '

18

Dear Mayor and City Council members,

\Vhile I greatly appreciate your efforts to create a fund to help

struggling businesses, we also need help the majorit~· of our city's

residents ""'ho are renters. Sometimes we can be unaware of the less

visible non-store front needs, but nc-vertheless just as real. In our

small church fellowship, there are about the people unable to pay for

their rent and do not qualif~· for other programs. I hear helicopte1·s

1

05/18/2020 Item 18

overhead, and glad for the surveillance, but wonder if money would

be better spent on helping people stay in their homes. A priority on

caring for our renters needs to be more urgent. Please consider

adding a renter fund using stimulus funds and a longer pa~'back time

in this ordinance so folks won't later have an e,·iction on their reconl

making it extremely hard to find a place they can afford. Too man~

people become homeless because of e,ictions. \\e need to do all,, e

can to prevent homelessness. Please adjust the moratorium

ordinance. Thank you! .Jill Shook

I consent to lul\ e Yes

my comment read

out loud du ring

the meeting.

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2

Martinez, Ruben


Subject

\'lcssagc

Do )'OU want us to contact you regarding your comment'?

:'IIAl\'lF.

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City Web Monday, May 18, 2020 6:40 PM Official Records - City Clerk Message from Office of the City Clerk Website

Item # 18

Good Evening. Mayor and Co um: i lmem bers:

As an Eastside renter li:)r rnan;, ;-ears. I irnplort' you to help the rental assistalli.:i.:' fund during

this pandemic. It is egregious that all of)OU \\Ould alkm S--1-00. 000 to be spent 011 a p\llice

helicopkr camera \\ here people are 011 the brink of homeless11css' 1 ~!I!!' 1

You should all be absolutely ashamed of)Ol!rsdvcs with allo,\ing the city to spend that lind

ofrnoney during this time' Stop acting lile stupid jackasses and begin \\Orking to help the people of Pasadena I)

Yes - I \\Ould like to provide my contact information

Deana Villegas

Deana Vi I legas'datt. nd

6~651~7331

I 08.89.27.6--1-

Google Chrome 81.0...l-O..J.--1-.138 / \\'indows

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I 1

05/18/2020 Item 18

CORRESPONDENCE FROM

MAY 11, 2020 CITY COUNCL

MEETING

Jomsky. Mark


Jennifer Kerr-Boyd <[email protected]> Monday, May 11, 2020 11 :37 AM Public Comment Support for the Eviction Moratorium

lcAUTION: This email was delivered from the Internet. Do not click links or open attachments unless you know the content is safe.

Dear Mayor and City Council members:

As a person of faith and a social worker, I want to thank you for listening to the concerns of tenants and revising the Eviction Moratorium so there is a one-year instead of six-month period in which to pay back lapsed rent. As a social worker I see the trauma and devastation experienced by families and children on a regular basis due to unstable housing. This will help more tenants to stay in their homes and avoid eviction, which is a significant cause of homelessness. I recommend going further and adopting the language of LA County's amended Moratorium which includes a temporary rent freeze and allows tenants to "self-certify their inability to pay rent, and landlords must accept this as sufficient notice." Further strengthening of this moratorium may be necessary in the future if the economy worsens significantly, but for now the amended moratorium is a much needed improvement that will help tenants stay in their homes.

Thanks for supporting renters maintaining stable housing

Jennifer Kerr

1

05/11/2020 Item 9

PUBLIC COMMENT FROM

MAY 11, 2020 CITY COUNCL

MEETING

Martinez, Ruben


!\'amt'

F:mail

Phone

Address

Cih

Stak

Zip Code

I\Iceting Date

Agenda Item Numhcr

Comments

I consent to have my

comment read out


Ryan Elell

Pasadena

C\

9110:'i

\fa, I l. ::'020

l/

I ast \\eek. n:sidcnb ,,t-thc cit\ \\atchcd city Cl1llllL·il prioritize the needs or landlords and their

im eslme1ll prnpenie,c; over thL' lk'L'lh nf km incume resident,; f:.icing e\ iction and hrnnck·ssncss.

The huusi ng dq1c11"t 1nent ~t:1lf brought some g(lod rcconmk·ndations t,1 :, nu and you panned J 11

the best iLkas--allU\\ ing 1\'.,.,idenh tn self-ccnif~ their inahilit:, t<• pay during the pandemic. and

C\.tendirn; the rcpayrnent paiod to 12 months Leading the ch:H"ge in guttin.::: the staff recu111111c11datipns \\ ere n<ik'd land lurds .. It ,]111 KL·1111cch :md Ci enc l\la~uda. ThL' con tl icts o !"

Then.> \\as al~o a great deal uf kar-rnongering ahou1 \\ hat sclf-certiticatinn 111ca!ls. Tc-n,rnts arc co[lectillg. their docu111<:'ntatio11 bt1t ~ll thl..' rnum<:'11t ,,fthc l'risi--. not all \\orkcr, k1,c

docurnentatilln a, ailablc. 1\(i tenant i,., ]poking tl1 r,Kk up a big. debt bill tu thl..'ir landlord. We liw

in pcrpetu:11 f<:'ar uf c, ictin11. The idc:i that tenants arc lOLiking for ,,ays t(, nut pa,', their rent j.,

sl:111dcrous tu the tlwusa11ds ot·1en:111h on \\hose backs landlilrcb bs'corne \\calth\.

This move tod,1: al Im, s: ('LI tn tllk. about .. stre11gthe11i11g. the eviction rnoratoriu111"' ,, ithm1t doing.

anything to actually strcngthc11 it. The county and other nearby municipalitiL'S, like South

Pasadena. arc doi11g. much rnme tu protect tenants. \,\ hy isn ·r Pasadena''

Yes

1

05/11/2020 Item 9

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meeting.

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Martinez, Ruben


:\I ame

Email

Phone

Cit~

State

Zip Code

Meeting Date

Agenda Item Number

Commtnts


pj .Jnhnson

Pasadena

Ci\

91 IO 1

\Vil\ is it that the seated city council member,-; \\ho an:.' landlords put the n.:eds of landlords

bcfrm:.' the n<:<:ds oi'r<:ntal tenanb. Kt'nncdy said that the council did nut open up or imite the

landlords to \\cigh in on the 1:? 111011th rental repayment issue. t\s a voting rental constituent I

ne\er got a personal invite either ~n \\hu did :ou really speal-. ti,(? Not me. \laybe it \\clS because

then: is a Landlord he-a, y city counciL can you truly sllO\\ equity.' .'\re you truly bL'ing. sccing.

advising and going fornard foirl) ·.' It ddinitel} didn't l'etl like that. ask the ,;cniors ,,ho did nul

havc n n1icc or thl.' undcsened that echoed thrn tllL'. public comments but did not have a voicl' Pll

council adn1cati11g as thcrc was Kenned) \\"as for the landlord.

I consent to ha\e my Y.:s comment read out

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meeting.

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1

05/11/2020 Item 9

Martinez, Ruben


'1/ame

Email

Phone

Address

Cit\

State

Zip Code

Meeting Date

Agenda Item 1'umber

Comments


\'1ar, Clark

Pasadena

Ci\

91 I 0

\la) 1 I. 21)20

The landlords un this cil: council appear to be. unsurprising:!~. putting their ,,ants befrm' the netcds oft he pcupk nf Pa"adcna. The rqx1: rncm period for ba...-k 1\~111 should be at 11..'ast 12

months a11d tcn~111Ls slrnuld be allo,,ed to sclf-ccrtit~ their i11abili1y 11) pay rent due to Co, id- I')

causes. V,,'h: siwuld renters in Pa:-.adena have t:::,,L·r protections that those in cities like i\lb111bra

a11d Souih Pasadena.' Landlord:-. on the city counc i I should 1\::cuse themseh cs rrorn dee isi(1n-

111ak i11g. on tlic~c i""lle". While .:ity council mcrnher~ like .John Kcn11cd:, and Cien;; i',la\uda g.nl\\

their wealth on the ba...-L::, of strug.g:1 i ng: tcnanh. ,, e \\ill cont i1 tlll' tn ligltl for people's rig.lit tu li, c in peace and sa!'ct, _

I consent to ha\'c Ill)" Yes comment read out

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1

05/11/2020 Item 9

Martinez, Ruben


'.''amc

Email

Phone

Address

City

State

Zip Code

'\'leeting Date

Agenda Item Number

Comments


l\: H l'arry

Pasadena

California

91101

rvim 11. 20:20

9

l.ast ,,eek City Council debate prioriti/.ed the needs of landlords and their investmt'nt propenies

over the needs or low income residents facing eviction and ho111elessness. \Vh::, '! City C,1u11<.:il 111e1nbers talk about ··strl'ngthening the eviction moratorium··\\ itlwut doi11g

anything to al.'lually stn .. 'ngthen it. Wh:?

You I IA VI: tP stop A LI. eviction::-. or be respnnsibk for CO\/ I D-19 deaths. \,ly landllH·d is trying to evict me. ilkg.ully { rctaliator; ..:viLliun and 1-cnoviction). 1'111 a senior. I lo\\ d,, l g.,, ,,ut

and look for another plas:c to li\·1e. \\hik I'm suppos1ed tu l.,e self-isolating·.' Fvictions. at this ti111e.

aren't A i.L about people \\ hn can't pay their rent. Some of u:,; .i ust hav1e crooks for landlords ,, ho don't care if,\e hm·1e to ray \\ith our li\cs !i.lr them to b1e able In c\ict tis and hike up r1enls. \'()u have \ll STOP ALL EVICTIO\IS!!


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05/11/2020 Item 9

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2

Martinez. Ruben


Name

Email

Phone

Address

Cit~

State

Zip Code

''krting Date

Agenda Item Numhcr

c·omments

City Web Monday, May 11, 2020 1 :57 PM Public Comment; City_Council Public Comment for Meeting on May 11, 2020 about Agenda Item 7 and 9

,\ 11 ison ~ km)

Pasadena

CA

9 1 l 0-.1-

\la, 11. ~02()

7 and 9

Ci reel i 11gs Coum; i I. rvly 11,1111c is Allisun I knr:- ;ind I li,·e in District 3. [,,rite tu support ill'.111 7. mer hO unih \1t" p,:rn1ancnt suppPrtih· h,,using for sc·niurs. Scnims :m.' a l"asl gn1\\ ing scgmcnt <JI. ,1ur unhouscd

ni:ighhors. and ,,c ,wed tn do nwr<.' l<' kL'ep them in sust:1inable ~md perm,11Klll lwu~int1-. I lcriL1gc

Square South is a tine addililln tu our Pasadena landscape.

I ahu \\ ril\.' rc itclll 9 the re, i:>cd e, icti\l111mna\(1riu111. \\"hilc \\C arc gratL'ful l\1r i'urther

considerations such :1:, prnllibitiuns 011 l1arassmcnt. it is di~appui11ti11g to sec llJL· 11c1: back pcri,,d

bL· kept al (i 111011ths :md a step-hack fn,m tenant --;clr-ccrtitii.::atinn. I cim 1:0111.:crncd that i11 a kn;mt

ma_iori t:,. c i l:,.. there arc tnn !llany l:mdlunb on counc i I \\ hn n~prcsent proptTl) O\ er pc()pl c .\ nd

i I" all 111crnhe1·s ,ictual I:,. rec used thc11isc I\ es. ,, c "(Hild h,l\ c 1111 q 11nrurn. Jh is i" ,, h:,. pcopk "cl' local goVLTlllllCl1t is corrupt and \\hy tc1m11h h,l\e an uphill battle .. \nd un thi:; p,_1i11t. may\\,'

cncournge council mernber" to get their U\\ n legal COll!bcl and NOT r\.'I: ()11 askilli,'. the cil:

altnrnc:,. during council rnel'ling~--it 1n,1kcs 1nc111bers lollk uninl1.ir1m:d and or cmrupt. I he

concern arnund cont1ict o!'intercst i~ real and\\ idcl) felt in the ['a-.adena comrnunit:,.. Thank \OLL.

I consent to have Ill)" Ye,;

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1

05/11/2020 Item 7 & 9

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2

CORRESPONDENCE FROM

MAY 4, 2020 CITY COUNCIL MEETING

Jomsky, Mark


Laura Paszkiewicz < [email protected]> Tuesday, April 28, 2020 7:32 PM Public Comment House the Homeless and Prevent Evictions


Dear Pasadena City Counsel -- please note that as a citizen of Pasadena for 25 years, 1 want to make sure that my voice is heard on the subject of homeless and supportive housing. l urge the City to take the following actions as soon as possible:

• Immediately house all homeless persons within Pasadena • Buy as many motels and other suitable properties as you can to create supportive housing programs for the

current homeless • House seniors at Heritage Square south • Strengthen Pasadena's eviction moratorium to be consistent with LA County's eviction moratorium

I am tired of the "NIMBYs" always saying no to homeless housing and supportive services in East Pasadena, where! live. We MUST have compassion for those who are struggling with addiction, mental illness and other issues. Yes to more affordable housing and more supportive services in East Pasadena! Yes with my tax dollars! Yes in my backyard!

Laura Paszkiewicz 1465 Riviera Drive

1

May 1, 2020

Pasadena-Foothills Association of Realtors® 1070 E. Green Street

Pasadena, California 91106

Mayor and City Councilmembers City of Pasadena Via Email

''

RE: Agenda Items 16 and 17

Dear Mayor and Members of the City Council:

We write in opposition to the staff recommendations regarding changes to the current eviction moratorium you are to debate at Monday's council meeting. When first approved, these measures were fairly well-balanced and reflected a need for tenants to feel some security in their current housing. The proposed changes to your original motion simply go too far.

We remain very concerned about the plight of housing providers within the city. As of this writing, we have no data about the impact the vocal tenants unions' call for a May 1 rent strike will have. But be assured, as the quarantine continues, housing providers will be more and more impacted in their ability to pay their mortgages, their utilities, their property taxes, and keep up their properties in the manner that this community expects.

As we have discussed with each of you, we understand that, depending on how long the current crisis and quarantine restrictions go on, it may certainly be necessary to extend the six month rent repayment period. However, a blanket six month extension at this time is unwarranted and, frankly, an easy way out. We urge the council to consider, when the time is right, a 30 day extension with a review toward extending further every 30 days. This will allow you to accurately reflect the need at the time the emergency order is lifted. It also gives housing providers some hope that they may be paid past due rents in a reasonable timeframe.

We also decry the proposal to lift the requirement for tenants to show proof that they are impacted by the COVID crisis and unable to pay rent. Just as those same tenants were required to provide documentation to their respective landlord before they could sign a lease, they should not be allowed to 'self-certify' their inability to pay. The potential for fraud is too great.

Finally, we applaud any encouragement to landlords and their tenants to work out an extended repayment plan. Having a plan in place should provide peace of mind to both parties.

These are difficult times for all. We look to you to provide answers that balance the needs of all parties.

Sincerely yours, Eddie Ramirez President Board of Directors 05/04/2020

Item 16 & 17

Martinez, Ruben

From: cityclerk Sent: Friday, May 01, 2020 8:00 PM To: Flores, Valerie; Iraheta, Alba; Jomsky, Mark; Martinez, Ruben; Novelo, Lilia; Reese,

Latasha; Robles, Sandra Subject: FW: Help Pasadena's Renters and Rental Property Owners

From: Ileana Fonseca Sent: Friday, May 1, 2020 7:53:03 PM (UTC-08:00) Pacific Time (US & Canada) To: cityclerk Subject: Help Pasadena's Renters and Rental Property Owners

CAUTION: This email was delivered from the Internet. Do not click links or open attachments unless you know the content is safe.

Dear City Clerk Jomsky,

As the city council discusses the eviction moratorium rules put in place during the COVID-19 crisis, it is important to address how this crisis impacts both renters and rental property owners. During these extraordinary times, please take a balanced approach to helping everyone.

Sincerely,

lleana Fonseca 5921 Meridian St Los Angeles, CA 90042 [email protected]

1 05/04/2020 Item 16 & 17

Martinez, Ruben


Lidia Carlton <[email protected]> Saturday, May 02, 2020 8:26 AM Public Comment support for rent moratorium


Hello,

I would like to submit a comment to express my support for extending the rent moratorium in Pasadena to 12 months. I still think this will not be enough for renters to survive this crisis and rent forgiveness should be on the table.

You must know that $1200 from the federal government is barely covering Pasadena rents. It's absurd to think deferring payment will work out well, and I'll support any relief, but if you care about this city you will address the eventual crumbling of our housing infrastructure in 12 months. Huge swaths of people will go unhoused and the new problems you're kicking down the road will be untenable.

I live and work in Pasadena, and I'm still able to work and pay my mortgage for now, just to be clear that it's not only renters who want these protections. I don't want to live in a city that allows renters to face inevitable eviction, in 6 months, in 1 year or ever. Please do what is right and be brave and take risks to go beyond city of LA.

Thanks,

Lidia Carlton 1645 N. El Molino Ave.

1 05/04/2020 Item 16 & 17

Martinez, Ruben

From: Sent: To:

Areta Crowell <acrowell [email protected]> Saturday, May 02, 2020 1 :38 PM Public Comment

Subject: MAY 4 AGENDA ITEM 16-17 -SUPPORT THE STAFF RECOMMENDATIONS


l wish to commend the Council and staff for understanding the concerns of renters and bringing forward this proposal which will make the Eviction Prevention Ordinance more effective. As a person of faith l support the goal to keep people housed and not to add to the homeless population. It is better to keep people housed than to have them become homeless and go through the costly and difficult process of finding a new residence. The proposals to lengthen the payback time, prevent late fees and use self-certification will surely help a lot of Pasadena residents.

Please accept the staff recommendations. ARETA CROWELL, PH.D. 1115 CORDOVA ST.,#403 213-220-7000 Sent from Mail for Windows 10

1 05/04/2020 Item 16 & 17

LAW OFFICE

PETER E. RONAY 530 SOUTH LAKE AVENUE. SUITE 391

PASADENA, CALIFORNIA 91101

May 2, 2020

·. -- · ,; ~ 1.: 1 r .. t'· ~0/:.''.ll'.I · 1.• ~ii ~ TELEPHONE (626) 792-4730

F.A,X. (62P) ,?'2·8·3162

Pasadena City Council Mayor Terry Tomek

BY EMAIL ONLY TO: [email protected]

Vice Mayor Tyron Hampton Council Member John Kennedy Council Member Margaret McAustin Council Member Gene Masuda Council Member Victor Gordo Council Member Steve Madison Council Member Andy Wilsont

Re: City Council meeting agenda for May 4, 2020. Proposed enactment of Chapter 9.76 COVID 19 EVICTION MORATORIIUM

Dear Council Members:

I strongly urge the proposed enactment be denied. The "cure" is worse than the disease.

My background: My parents escaped Hungary in 1944 and came to the United States in anticipation of better liberty and opportunity here. My parents worked hard and were able to purchase residential units in Pasadena. My father owned and ran more than one restaurant business in Pasadena. I am a landlord with one residential unit in Altadena. I represent a number of clients both as landlords and tenants. My landlord clients have multi family residential units and commercial properties in Pasadena and surrounding areas. On behalf of one ofmy clients, I have managed a commercial property in Pasadena (a restaurant) since 1992. The restaurant has limited its operations to "Take out and delivery" since mid March. At the request of my client, I called the tenant of the Restaurant and offered rent abatement for April and proposed a deferred rent payment plan for the duration of the emergency. (Note, the Tenant has less than 10 employees so could "self certify" if the proposed Ordinance is adopted.) Another of my clients, who owns multi family residential units in Pasadena, voluntarily offered all his tenants a discount on their rent.

Briefly, my opposition to the enactment is:

I. The March 17, 2020 city Moratorium was NOT a "measured response" to the C-19 crisis.

2. The prior Moratorium failed to consider the long term effects on both Tenants and Landlords.

3. The proposed expansion of the Moratorium "doubles down". It seeks to double a "short term" claimed remedy and will accelerate the "long term effect" such that there will be a much earlier financial detriment to not only Landlords and Tenants but will extend the ripple effect to the entire economy of the city.

comment to pasadena city council.doc

05/04/2020 Item 16 & 17

Pasadena City Council May 2, 2020 Page Two

4. California enacted rent control effective January 1, 2020. 5. In my opinion, the March 17, 2020 Moratorium was invalid as it overrode

the provisions of the Unlawful Detainer statutes which pre-empt that area of the law. 6. The proposed enactment makes it worse. 7. The City is assuming significant liability if its actions are challenged on

the basis of illegality. 8. The Moratorium unilaterally and retroactively alters the contractual terms

of all lease agreements. 9. The Moratorium is discriminatory in that it allows tenants to "self certify"

their inability to pay rent. Note that Section 8 tenants are required to document their eligibility for "assisted" rent.

10. The Moratorium allows the Tenant up to 12 months after the "emergency" to pay the deferred rent. The Landlord is forced to "fund" this additional deferral interest free while the Tenant may choose to vacate on the 12th month and deprive the Landlord of any reasonable means to collect the deferred rent.

11. What is the probability of a Tenant being able to repay the "deferred rent"? The effect of the Moratorium is to allow Tenants to live virtually rent free for a minimum of 12 months plus the additional time period necessary for the landlord to seek judicial relief to regain possession. The landlord is very unlikely to ever receive the deferred rent.

12. Rent is a property right in exchange for use of the property. So the effect of the Moratorium is to take the property right of a landlord without due process while leaving Tenant in possession.

13. The Moratorium subjects any person who violates it to criminal (misdemeanor) charges and civil penalties.

14. The intent of the proposal is to assist Tenants. 15. The long term effect of the proposal is to drive landlords out of the

market. This is detrimental to all Tenants as reduced supply will create pressure to increase rents.

The above is a summary objection. If you have the time, inclination or willingness to send this to a staff member to review the detailed reasons supporting my objection, please see the appended pages.

Sincerely,

Pasadena City Council May 2, 2020 Page Three

All ofus are exposed to the consequences ofCOVID-19. Unfortunately, it appears that the measures you are putting into effect and have already put into effect as a "cure" is worse than the disease.

The proposal is definitely NOT a "measured response" to the current status ofC-19.

The proposed rent deferral is up to 12 months and gives very little consideration to the needs of any landlord and no consideration whatsoever to the "smaller" landlords.

My landlord clients have their own obligations over and above the payment of the underlying mortgage on the rental units. The other obligations include but are not limited to maintenance of the common areas, provision of utilities, payment of taxes, insurance and city license tax. L.A. County did not "defer" payment of the real estate taxes. The proposed ordinance makes no reference "deferring" the City's Business License Tax. Landlords must maintain such obligations at risk of losing their property while being forced to accept reduced income.

The proposal is an interference with the unlawful detainer statutes which are provided as a statewide solution to problems landlords face when they have tenants who are not complying with their lease obligations. The state obviously considers it of significant public benefit to allow landlords to regain control of their properties when the tenant fails to comply with the lease obligations. That is a public benefit to both landlords and tenants by allowing restitution of the premises so the premises can be quickly available to other tenants if existing tenants fail to comply. This keeps landlords in the market so they can continue to offer housing to residential tenants and business premises to commercial tenants.

The proposal goes beyond imposing a change to the UD statutes. What the council proposes is to unilaterally and retroactively alter the contractual terms of all lease agreements. This is a "taking" without due process.

It can be assumed that a substantial number of residential tenants are living with restricted budgets. The probability that a tenant will be able to save the deferred rent for up to 12 months then pay the deferred rent in addition to ongoing base rent is close to zero.

Rent is a property right that accrues from the owner's decision to give possession to another. So the effect of the proposed item 38 is to take the property right of a landlord without due process. The long term effect of the proposal is to drive landlords out of the market.

The proposed Ordinance attempts to ''.justify" its passage by incorporating prior draconian restrictions, none of which considered the long-term financial consequences which will affect everyone. Incorporating the Recitals is an attempt to make the city "look good" by implying the city really has no control. Then the Ordinance goes into very restrictive control.

Pasadena City Council May 2, 2020 Page Four

The illness and death imposed by the virus is significant and crushing to those affected. But that risk affects less than 1 % of the population. The financial impact of the restrictions already in place affect 99% of the population. I exclude only the 1 % which have been frequently referred to as not subject to financial distress.

WHY THE PROPOSED ENACTMENT IS AN EXTREME OVERREACTION

The following was obtained on line April 20, 2020 in a short review of data presented by the State of California, LA County and Santa Clara County and on the following web site:

http://www.msn.com/en-us/news/us/hundreds-of-thousands-in-la-county-may-have-the-coronavirus-stud y-finds/ar-BB l 2W5mG ?li=BBnb7Kz&ocid=U 141 DHP

Gov. Gavin Newsom announced that an additional 42 people in California have died from corona virus, bringing the death toll to 1,208. The total number of corona virus cases in the state stands at 30,978. Newsom also confirmed that the state recorded 3,257 hospitalized patients and 1,196 COVID-19 patients in the ICU.

Los Angeles County: 13,816 confirmed cases, 617 deaths

The initial results from the first large-scale study [LA County Department of Health] tracking the spread of the coronavirus in the county found that 2.8% to 5.6% of adults have antibodies to the virus in their blood, an indication of past exposure.

That translates to roughly 221,000 to 442,000 adults who have recovered from an infection, according to the researchers conducting the study, even though the county had reported fewer than 8,000 cases at that time.

The early results from L.A. County come three days after Stanford researchers reported that the coronavirus appears to have circulated much more widely in Santa Clara County than previously thought.

The Stanford team estimated that 2.5% to 4.2% of Santa Clara County residents had antibodies to the coronavirus in their blood by early April.

Though the county had reported roughly 1,000 cases in early April, the Stanford researchers estimate the actual number was 48,000 to 81,000,

The above results can be seen as:

Pasadena City Council May 2, 2020 Page Five

LA COUNTY DEPT OF PUBLIC HEALTH ON LINE 4/20/20

Reported infections Deaths Rate

Actual Estimated range 221000

13,816 617

4.465837%

Rate 0.27919%

442,000 0.13959% median 331500 0.18612%

Source of Estimated infections LA COUNTY DEPT OF PUBLIC HEALTH As reported on line 4/20/2020 Comparable to Santa Clara County Study

Martinez, Ruben

Subject: FW: Proposed Rent Repayment Extension

From: Mark Afram Sent: Saturday, May 2, 2020 5:06:33 PM (UTC-08:00) Pacific Time (US & canada) To: cityclerk Subject: Proposed Rent Repayment Extension


Dear City Clerk Jomsky,

Thank you for your hard work during this crisis. I know the city strives to protect and support all its residents, and I'm grateful.

I am writing because I am concerned about the proposed extension of rent repayment, from six months to twelve months.

First, the proposal is unjust; tenants will receive an extended timeline, but landlords will not. The mortgage, water bill, property taxes, and insurance still require payment, and no one has granted me a twelve-month extension. While I respect the sentiment of the proposal, it is simply not practical.

Second, most landlords are reasonable individuals who are willing to work with tenants. Setting aside human decency, and assuming a pragmatic perspective, eviction for non-payment is a costly process. With this scenario, assisting the current tenant is more financially beneficial. Personally, I have experience with struggling tenants. One of my renters works in the film industry, and his schedule was affected by the shutdown. We spoke on the phone, developed a payment plan, and resolved the situation.

Third, if the city's ultimate goal is to protect tenants, this proposal will have the opposite effect; instead, tenants will be in greater jeopardy. I rent out two small houses and enjoy a warm relationship with both tenants. If this twelve-month extension is granted, and I can't make payments, the units will be repossessed. And the bank, who has no history or relationship with my tenants, has no incentive to assist them. Instead, the institution will likely evict the renters to sell the property. Thus, in not supporting me, the landlord, my tenants are negatively impacted.

Finally, most of the landlords I know are individuals, not corporations, and we have a limited ability to weather this crisis. For example, I'm a high school teacher, and my landlord friends are also teachers or working professionals. Being a landlord supplements our income, but none of us is rich. We care about our tenants, and we want them to be successful--it's a mutual interest.

Please reconsider this proposal. In supporting individual landlords, you also provide stability and assistance to Pasadena renters.

Sincerely, Mark Afram

1 05/04/2020 Item 16 & 17

Martinez, Ruben

From: Sent: To:

Jomsky, Mark Sunday, May 03, 2020 12:12 PM Public Comment

Subject: Fwd: Apartment rentals during COVID

From: Rene Chiara [mailto:[email protected]] Sent: Friday, May 1, 2020 7:41 PM To: McAustin, Margaret <[email protected]> Subject: Apartment rentals during COVID

lcAUTION: This email was delivered from the Internet. Do not click links or open attachments unless you know the content is sat,

Dear Ms.McAustin,

As an apartment owner in Pasadena I am concerned about your upcoming

proposed ordinance and I'd like you to consider other options. I have six units in Pasadena and ten in Altadena. As I understand what is being proposed

this new ordinance would remain in effect until the local emergency has been terminated.

The proposed ordinance states that a tenant needs to notify me as the landlord, within 30 days AFTER RENT IS DUE?

So, that means I will have no way of knowing who is paying rent and who is not until its 30 days LATE? How

will I plan to pay MY Bills? I have insurance payment, utilities and other vendors that rely on my monthly commitments to them?

I'd request that my renters would need to provide verifiable documentation of their inability to pay rent. A letter from

an employer or bank stubs or anything to avoid the likelihood of fraud.

I'd like to keep the 6 months repayment period for any past due rent. The longer this continues the longer

l 05/04/2020 Item 16 & 17

the likelihood my tenant will move out and never repay me what is owed. Deposits could be considered as an option

for repayment of rent if the tenant chooses to move out and the property is in order. Turning over an apartment is

very expensive.

I would like to urge the council to establish an Emergency Rental Assistance Fund to provide this essential financial

assistance during these uncertain times. This should be a local government issue not a small business owner issue. I rely on this rental income to run my business and support my family and its an unfair burden on me as a small

business owner to have to carry this burden.

I understand and know we all need to do our part but I'd appreciate your consideration regarding this matter. I have

already made arrangement with my tenants on an individual basis to help them during this difficult time.

Kindly,

Rene Chiara

1400 N. Michigan Ave.

Pasadena, CA 91104

Sent from Yahoo Mail for iPhone

2

Martinez, Ruben


Deborah Lutz <[email protected]> Sunday, May 03, 2020 3:22 PM Public Comment agenda items 16 and 17


Dear Council Members,

I urge you NOT to approve amendments to the current ordinance as your proposed changes to NOT reflect fair and equitable treatment of essential housing providers (AKA small business owners).

This amendments are being promoted by radical groups such as Pasadena Tenant's Union. They are also promoting Rent Strikes against landlords with the intent to harm the landlord. Radical groups are promoting ideas that have the intent to harm landlords and ultimately cause no alternative but bankrupts for tenants and foreclosure for landlords. Don't all prey to bad ideas but rather promote solutions that minimize financial harm to tenants and landlords.

Landlords are essential workers. We provide housing rain or shine, good times and bad, pandemic or not. We are small business owners. We have to run our small business with finances in mind. We have to plan for replacing roofs, plumbing, earthquake safety (soft story retrofit), pay our vendors (also small business owners) and provide quality housing for families, students and individuals that call Pasadena home.

Overnight government officials decided that landlords/small business owners were BANKS. We were told that we are forced to provide 0% loans, for an undetermined period of time, to individuals that do NOT need to provide documentation that they can't pay their rent currently or make any effort to work our a payment plan.

Any BANK that made loans under these circumstances would expect MASSIVE defaults. A very large percentage of these tenants will NEVER be able to repay back rent. Regardless of 6 months or 12 months. You are forcing "bad loans debt" on landlords.

Proposed changes to your current ordinance will make this situation ever worse.

Landlords are very willing to work out rental payment plans with tenants that will communicate. Tenants that refuse to communicate and provide any sort of documentation are acting in BAD faith and your policies allow this. It's unfair to landlords.

Further unfair actions against landlords will eventually result in class action lawsuits against city and state officials. It's just a matter of time.

I have written City Council members multiple times and have not received one response regarding Direct Rental Assistance payments for tenants.

CASH FLOW IN AN ECONOMY IS LIKE OXYGEN TO THE HUMAN BODY. NEITHER CAN LIVE VERY LONG WITHOUT THE OTHER.

1 05/04/2020 Item 16 & 17

Non payment of rent, Rent forgiveness, Blocking Landlords from recovering property stops flow of the economy.

For a typical owner 95% of all rents must be paid and 0.95 cents of each rent dollar received then goes to property taxes, city fees, insurance, building maintenance and loan payments to the bank.

Without rent payments landlords cannot property maintains buildings, pay vendors and serve their tenants. Many vendors are immigrant/small business owners. These vendors (plumbers painters, gardeners, handymen, etc ... ) will not be paid ifrents aren't paid. Then how do they pay their rent? Feed their families? It's a vicious cycle.

CASH assistance for tenants to pay their rent is the BEST solution to this problem. Lets keep the economy going. Let's get it restarted.

ANY PROGRAM TO PROVIDE FINANCIAL ASSISTANCE REQUIRES DOCUMENTATION. REQUIRING DOCUMENTATION FOR RENT DEFERMENT IS ONLY FAIR.

I've worked with several tenants to first notified landlords that they could NOT pay rent. Once we discussed options, their finances (loss of income , other financial resources, rent repayment time lines) many decided that YES they could pay rent for now BECAUSE THEY DIDN'T WANT TO INCUR ADDITIONAL DEBT. (One tenant realized that a drop in income from $10,000/mo. to $7,000/mo. did not justify not paying current rent and insuring additional debt. Another decided to access savings rather that insuring additional debt). These tenants used reason and logic with open communication. NOT ALL TENANTS ARE EMPLOYING THESE SAME

I'm a small business owner. I provide quality housing. I'm fair and hardworking. I didn't ask to be a bank. I don't have the financial resources necessary to be a BANK. The trend with current policies are raping me of my future. My children's future. The years of hard work and dedication to save and work 7 days a week to establish my small business.

What other essential small business owners are you asking to be BANKS? What other essential small business owners are you demanding to provide FREE goods and services? Would you demand that a doctor , police office or fire fighter work for free? Would you openly steal money from them? That is what your policies are doing to me.

We are only going to get through this ifwe work together. We won't make it through this if you continue to make policies that ensure financial disaster for both tenants and landlords.

RENT FOR TAX CREDIT EXCHANGE -Have your asked landlords if they would accept a dollar for dollar exchange of rent for property tax credit? If you want landlords to absorb $10,000/mo. unpaid rent for 3 months or 6 months then offer them $30,000 to $60,000 it property tax credit in exchange for offering 0% interest loans to government agencies to cover unpaid rent.

CASH RENT AL ASSISTANCE -Provide cash rental assistance for tenants who meet qualifications to receive vouchers payable to landlords for rent payments during pandemic.

PERSONAL GUARANTEE-If you are so confident that your current plan ofrent deferment is a sound policy then have the CITY OF PASADENA personally guarantee repayment by the end of the 6 month period. If The City of Pasadena does

2

not have these funds the as a city council member guarantee the payment yourself. If you don't feel comfortable doing this then seriously consider what you are asking landlords (small business owners providing essential housing to our city residents).

DON'T FORGET WHO PROPERTY OWNERS REALLY ARE. MANY ARE SMALL BOSSINESS OWNERS. THE BACK BONE OF OUR ECONOMY. THE SAME SMALL BUSINESS OWNERS YOUR PROMOTE THAT EVERYONE SUPPORT AROUND THE HOLIDAYS. "SHOP LOCAL". THAT'S US. DON'T FORGET.

I invite each of you to respond to my email. I've contacted council members the past with NO response. Your continued lack of response and continued abuse oflandlords speaks volumes.

Deborah Lutz [email protected]

3

Martinez. Ruben


shea_renta I < [email protected] > Sunday, May 03, 2020 5:57 PM Public Comment NO on proposed Eviction Moratorium


Dear Council members, I am a public school teacher. My parents and I rent a few condominiums to support our retirement and children's college. We are alarmed at the proposed "Eviction Moratorium". This bill would create severe hardships for already struggling small, "mom and pop" housing providers like us. It would extend the current repayment period for past-due rent from six (6) months of the expiration of the local emergency to twelve (12) months. It would also prohibit owners from imposing any new pass-throughs or charging interest or late fees for unpaid rent during the moratorium period. It would also halt the already lengthy eviction process for nuisance tenants, including tenants who may be conducting criminal activities at a property or are disturbing the quiet enjoyment of a property for other residents. We, on the other hand, still have all our expenses: utilities, insurance (home, fire, EQ), HOA dues, maintenance, taxes, mortgages. If anti-housing measures continue, people like us will have to sell out, taking our units off the market. This REDUCES the affordable housing available. Please instead establish an emergency rental assistance fund to provide essential financial support to all affected residents struggling during these uncertain and turbulent times. Please vote NO on the Pasadena proposed Eviction Moratorium. Sincerely, Jim Shea 3405 Brookridge Rd, Duarte, CA 91010

1 05/04/2020 Item 16 & 17

Martinez, Ruben

From: Sent:

Greg Anderson <[email protected]> Sunday, May 03, 2020 7:23 PM

To: Public Comment; Tomek, Terry; district1; Kennedy, John; McAustin, Margaret; Masuda, Gene; Gordo, Victor; Madison, Steve; Wilson, Andy

Subject: PASADENA EVICTION ORDINANCE - MA V 4, 2020 COUNCIL MEETING


May 3, 2020

Mayor Terry T ornek Email: [email protected]

Vice Mayor Tyron Hampton Email: [email protected]

Council Member John Kennedy Email: jken [email protected]

Council Member Margaret McAustin Email: mmcaustin@cityofpasaden a. net

Council Member Gene Masuda Email: gmasud a@cityofpasaden a. net

Council Member Victor Gordo Email: [email protected]

Council Member Steve Madison Email: sm ad [email protected]

Council Member Andy Wilson Email: [email protected]


Included below (please see 1-3) are possible alternatives for fairly balancing the interests of property owners and tenants affected by Covid. The urgency in modifying the existing ordinance now which already provides six months before any covid-19 accrued rent is payable should also be carefully considered. State law additionally now prevents any evictions until 90 days after the emergency is lifted. Rather than impose more restrictions now and that will extend for a full year, wouldn't a more prudent course be to see how conditions play out over the next 3-4 months and then consider changes as may be appropriate?

The typical Pasadena owner saved half a lifetime to invest in rental property, relies on the rents for family income or retirement, struggles to maintain the building which could be 100 years old, and treats

1 05/04/2020 Item 16 & 17

his or her tenants fairly. Most owners I know, myself included, have long term fixed income elderly tenants with rents that have been held low sometimes to 50% of fair market value. Do the current city ordinances and state orders encourage this or now make owners unwise for having done so?

For a typical owner 95% of all rents must be paid and 0.95 cents of each rent dollar received then goes to property taxes, city licenses and fees, insurance, building maintenance and loan payments to the bank. There is presently only some deferral and no forgiveness to owners if the rents that are paid are insufficient to cover all these expenses which are due and payable every month.

When vacancies increased and rents dropped during the Great Recession of 2008-2010 and the Real Estate Meltdown of 1990-1995, hundreds if not thousands of rental properties in Los Angeles County could no longer be maintained, went into foreclosure, owners were wiped out and tenants were displaced. All of this real estate carnage resulted from economic conditions alone and without further downward push from extensive governmental restrictions on rents and evictions. How likely is a return now to these conditions (or worse) just from the Covid shutdown of the economy? The Great Recession and the Real Estate Meltdown both occurred with LA County unemployment of just 10-12% compared to what is now projected to be higher unemployment through the end of 2021.

Property owners sincerely question if City and State decisionmakers understand the above and the precarious balance between the desire to protect tenants and the financial ability of owners to maintain the rental dwellings in which the tenants reside. If the condition of the economy and/or controls on rents and evictions result in rent revenue dropping below the 95%/0.95 level described above, then the implosion of Pasadena's rental housing and commercial property will begin with a vengeance. This is already happening just from vacancies that cannot be re-rented due to Covid.

To state the key element again, after all property expenses there is typically a thin amount of "profit" remaining jf 95% of all rents have been paid by the tenants. Below these levels rental property deterioration begins and foreclosures follow. If the City of Pasadena does not want to encourage this outcome then a) the basis upon which tenants may withhold rent and b) the time for repayment must be YJMY_ carefully calibrated to (i) just the tenants that are verifiably impacted by Covid and then (ii) to the amount of rent that reasonably cannot be paid.

The current provisions of the Pasadena Ordinance (let alone the changes that are now being considered) do not do this and in fact encourage tenants to withhold all rent if they believe they have any Covid impact. Removing any financial documentation requirement and allowing tenants to "self-certify" will likely result in at least 30-50% rent withholding and the consequences that will result.

In the real world, it should also be understood that deferral of any repayment obligation until after 6 months (let alone for 12 months) means the aggregate amount of rent withheld will never be repaid.

To be fair to property owners and not inadvertently harm Pasadena's rental housing and commercial property, Pasadena's Ordinance should focus on a) tenants that are verifiably impacted by Covid and b) on the amount of rent that reasonably cannot be paid. A fair plan should include the following:

1. Reasonable determination of the amount of monthly rent that cannot be paid by a tenant due to Covid. This requires a personal financial statement from the tenant showing all current income including Cares Act benefits and all expenses. This could be substantially the same as the standard rental application provided when the tenant first rented the unit. Sample forms for this are in existence and a committee appointed by the City could respond with recommended forms within a few days; and

2. A procedure for mediation followed by binding arbitration could be established for when an owner and tenant disagree as to the appropriate amount of rent to be withheld by the tenant due to

2

Covid. These could be standard procedures already commonly utilized in California real estate and a committee appointed by the City could quickly respond with recommendations.

3. Lastly, what is the rationale for allowing Pasadena residents to only accrue and not pay rent and why should this not extend to all goods and services? A more equitable approach would be for the City to verify the financial condition of Pasadena residents with covid-19 hardships (or accept their self-certification), determine the percentage reduction in income and then pursuant to ordinance provide that certified residents are only required to pay their designated percentage for all goods and services purchased in the City of Pasadena. This would include rent and spread the burden ratably to all vendors, businesses and service providers and not just to property owners. If the City has the power to control rents and private rental property it certainly has the power to control the price for all other goods and services in the City of Pasadena. This would be the fairest thing to do.

The above or something similar would provide fairness and certainty for both property owners and tenants in a timely manner and minimize the likelihood of catastrophic unintended consequences to Pasadena's rental housing and commercial property. Pasadena looks forward to your reasoned, rational and fair determinations.


Greg Anderson

Greg I. Anderson Specializing In Real Estate Law

State and Federal Court Receiver And Partition Referee

Law Office of Greg I. Anderson 1028 N. Lake Ave., Suite 201 Pasadena, CA 91104 E-Mail: [email protected] Telephone: 626-794-7006 E-Fax: 626-628-1876

3

Martinez, Ruben


RICK PAUL <[email protected]> Sunday, May 03, 2020 8:32 PM Public Comment Eviction moratorium expansion


To the Mayor and all City Council Members,

Certainly you should add protections for the multi-housing providers as well.

If they suffer lost rents because of government mandates, the government should also restrict their creditors , such as Pasadena Municipal Services , Trash collection , etc. from collecting money for their services during this crisis, commensurate with the individual loss. Fair is Fair.

Thanks, Rick Paul. Pasadena housing provider

1 05/04/2020 Item 16 & 17

Martinez, Ruben


John Deron <[email protected]> Sunday, May 03, 2020 11 :59 PM Public Comment Eviction Moratorium

I CAUTION: This email was delivered from the Internet. Do not click links or open attachments unless you know the content is safe.

Dear Mayor and City Council members:

As a person of faith, I want to thank you for listening to the concerns of tenants and revising the Eviction Moratorium so there is a one-year instead of six-month period in which to pay back lapsed rent. This will help more tenants to stay in their homes and avoid eviction, which is a significant cause of homelessness. I recommend going further and adopting the language of LA County's amended Moratorium which includes a temporary rent freeze and allows tenants to "self-certify their inability to pay rent, and landlords must accept this as sufficient notice." Further strengthening of this moratorium may be necessary in the future if the economy worsens significantly, but for now the amended moratorium is a much needed improvement that will help tenants stay in their homes.

Pastor John Deron Johnson Calvary Christian Center of Pasadena

1 05/04/2020 Item 16 & 17

City Council City of Pasadena 100 N. Garfield Avenue Pasadena, CA 91101

MARSHA V. ROOD 216 S. MADISON AVENUE, #302

PASADENA, CA 91101 626.568.8329

[email protected] via Mark Jomsky at [email protected]

[email protected]

May 4, 2020

,.

Subject: Agenda Item #16, May 4, 2020; City Council Public Hearing; "CONDUCT FIRST READING OF AN ORDINANCE SUPERSEDING UNCODIFIED ORDINANCE NO. 7359 AND ADDING A NEW CHAPTER 9.76 OF THE PASADENA MUNICIPAL CODE ENTITLED "COVID-19 EVICTION MORATORIUM"

Dear Mayor T ornek and Honorable Councilmembers:

Through no fault of their own, families and individuals are being forced out of their homes because of the economic crisis. This of deep concern to many in the Pasadena community. It is clear that housing people in place would reduce the need for the City, non-profits and other governmental agencies to locate housing for now-housed tenants.

The proposed revision to the City's Eviction Moratorium, among other provisions, provides renters twelve (12) months instead of six (6) months after the local emergency ends to pay any back any rent due. This will help more tenants stay in their homes by avoiding eviction, a significant cause of homelessness. I support the City's adoption of the Los Angeles County's amended Moratorium language which includes a temporary rent freeze for 12 months and allows tenants to "self-certify their inability to pay rent and landlords must accept this as sufficient notice. "

The expected economic impacts of the City's Evictions Moratorium on "mom and pop,. landlords also is of concern. In view of these impacts, I respectfully suggest that the City convene an ad hoc group representing: (1) "mom and pop" landlords; (2) tenants, both commercial and residential; (3) non-profit entities who are addressing the needs of the homeless population; (4) banks, (5) other relevant parties. My hope is that this group will gain a better understanding of the issues from different perspectives and develop creative strategies to address these critical concerns and issues.

Thank you for considering my support of the proposed action and of my suggestion for an ad hoc group of relevant parties to address the issues at hand.


[Marsha Rood]

1 05/04/2020 Item 16 & 17

MARSHA V. ROOD, FAICP

2

Martinez, Ruben


Amara Ononiwu <[email protected] > Monday, May 04, 2020 8:55 AM Public Comment Public Comment - Item 16/17 Eviction Moratorium

I CAUTION: This email was delivered from the Internet. Do not dick links or open attachments unless you know the content is safe.

Honorable Mayor and City Council members,

It is with sincere gratitude that I commend you for listening to the concerns of tenants and revising the Eviction Moratorium. The important shift from a six-month repayment to one-year will give a more reasonable timeframe for tenants to recoup lost earnings. Thereby helping more tenants to stay in their homes and avoid eviction (and the often inevitable homelessness that follows).

As someone intimately involved in the fight of homelessness prevention, I fully support the amendments and going further, hope that you will adopt the language of the LA County's amended Moratorium which includes a temporary rent freeze and allows tenants to reasonably "self-certify their inability to pay rent". A productive dialogue between tenant and landlord must be encouraged.

Further strengthening of this moratorium may be necessary as the future unfolds, but for now the amended moratorium is a much needed improvement that will help tenants stay in their homes and allow others who offer rental assistance to maximize the distribution of their funds.

Thank you, Amara Ononiwu

Sincerely,

• I~ ~~t~cii\'T Amara Ononiwu Housing & Homelessness Outreach Coordinator HR Office: 626.817.4514 • E-mail: [email protected]

1 05/04/2020 Item 16 & 17

Martinez, Ruben

Subject: FW: Help Pasadena's Renters and Rental Property Owners

From: Pete Whan Sent: Monday, May 4, 2020 10:15:04 AM (UTC-08:00) Pacific Time (US & Canada) To: cityclerk Subject: Help Pasadena's Renters and Rental Property Owners

CAUTION: This email was delivered from the Internet. Do not click links or open attachments unless you know the content is safe.

Dear City Clerk Jorn sky,

As the city council discusses the eviction moratorium rules put in place during the COVID-19 crisis, it is important to address how this crisis impacts both renters and rental property owners. During these extraordinary times, please take a balanced approach to helping everyone.

Sincerely,

Pete Whan 251 S Lake Ave Ste 150 Pasadena, CA 91101 [email protected]

1 05/04/2020 Item 16 & 17

Martinez, Ruben

Subject: FW: Proposed eviction extension & self certifying hardship

From: Brett Furrey <brettfurrey7302@)aol.com> Sent: Monday, May 04, 2020 11:19 AM To: Morales, Margo <[email protected] Subject: Re: Proposed eviction extension & self certifying hardship

I CAUTION: This email was delivered from the Internet Do not click links or open attachments unless you know the content is safe.

Margo, here you go. Thanks for the follow up!

To Council Member: Margaret Mc Austin

My parents own a rental property in your district. They are very fair with their rents and upkeep their property. What is being proposed would put an undo burden on landlords without any safety net or aid. My parents are counting on you to help housing providers as much as tenants.

Thank You,

Brett Furrey

Sent from my iPhone

1

05/04/2020 Item 16 & 17

Martinez, Ruben


Sonja Berndt <[email protected]> Monday, May 04, 2020 11 :40 AM Public Comment Public Comment for Agenda Item #16 -- City Council Meeting 5/4/2020


PUBLIC COMMENT FOR PASADENA CITY COUNCIL MEETING -- MAY 4, 2020

PLEASE INCLUDE THIS COMMENT IN THE OFFICIAL RECORD OF THE MEETING

My name is Sonja Berndt and I am a long-time resident ofNortheast Pasadena (91107). I urge the Council to approve the proposed COVID-19 Eviction Moratorium, which provides much-needed additional protections for renters than uncodified ordinance 7359. In addition, I urge the Council to consider adding a provision prohibiting rent increases for residential units from 3/4/2020, until the proposed ordinance sunsets and expires. I also encourage the Council to create a rental assistance program to assist renters in repaying accrued rent when the payback period begins. Pasadena's Housing Department advised the Council in its April 20, 2020 report that it was investigating a "back rent assistance program for households with low incomes." I urge the City to set-aside local funds and to lobby the county, state and federal governments to provide additional funds for this purpose. The additional protections and assistance I urge the Council to adopt are critical in order to prevent the number of our unhoused neighbors from rising exponentially. Thank you.

Sonja Berndt

1

05/04/2020 Item 16 & 17

Martinez, Ruben

From: Sent To:

Subject:

Luther Tsinoglou <[email protected]> Monday, May 04, 2020 11 :48 AM Public Comment; Tomek, Terry; district1; Kennedy, John; McAustin, Margaret; Masuda, Gene; Gordo, Victor; Madison, Steve; Wilson, Andy; Luther Tsinoglou PASADENA EVICTION ORDINANCE - MAY 4, 2020 COUNCIL MEETING

lcAUTION: This email was delivered from the Internet Do not click links or open attachments unless you know the content is safe.


Included below (please see 1-3) are possible alternatives for fairly balancing the interests of property owners and tenants affected by Covid. The urgency in modifying the existing ordinance now which already provides six months before any covid-19 accrued rent is payable should also be carefully considered. State law additionally now prevents any evictions until 90 days after the emergency is lifted. Rather than impose more restrictions now and that will extend for a full year, wouldn't a more prudent course be to see how conditions play out over the next 3-4 months and then consider changes as may be appropriate?

The typical Pasadena owner saved half a lifetime to invest in rental property, relies on the rents for family income or retirement, struggles to maintain the building which could be 100 years old, and treats his or her tenants fairly. Most owners I know, myself included, have long term fixed income elderly tenants with rents that have been held low sometimes to 50% of fair market value. Do the current city ordinances and state orders encourage this or now make owners unwise for having done so?

For a typical owner 95% of all rents must be paid and 0.95 cents of each rent dollar received then goes to property taxes, city licenses and fees, insurance, building maintenance and loan payments to the bank. There is presently only some deferral and no forgiveness to owners if the rents that are paid are insufficient to cover§.!! these expenses which are due and payable every month.

When vacancies increased and rents dropped during the Great Recession of 2008-2010 and the Real Estate Meltdown of 1990-1995, hundreds if not thousands of rental properties in Los Angeles County could no longer be maintained, went into foreclosure, owners were wiped out and tenants were displaced. All of this real estate carnage resulted from economic conditions alone and without further downward push from extensive governmental restrictions on rents and evictions. How likely is a return now to these conditions (or worse) just from the Covid shutdown of the economy? The Great Recession and the Real Estate Meltdown both occurred with LA County unemployment of just 10-12% compared to what is now projected to be higher unemployment through the end of 2021.

Property owners sincerely question if City and State decisionmakers understand the above and the precarious balance between the desire to protect tenants and the financial ability of owners to maintain the rental dwellings in which the tenants reside. If the condition of the economy and/or controls on rents and evictions result in rent revenue dropping below the 95%/0.95 level described above, then the

1 05/04/2020 Item 16 & 17

implosion of Pasadena's rental housing and commercial property will begin with a vengeance. This is already happening just from vacancies that cannot be re-rented due to Covid.

To state the key element again, after all property expenses there is typically a thin amount of "profit" remaining jf 95% of all rents have been paid by the tenants. Below these levels rental property deterioration begins and foreclosures follow. If the City of Pasadena does not want to encourage this outcome then a) the basis upon which tenants may withhold rent and b) the time for repayment must be very carefully calibrated to (i) just the tenants that are verifiably impacted by Covid and then (ii) to the amount of rent that reasonably cannot be paid.

The current provisions of the Pasadena Ordinance (let alone the changes that are now being considered) do not do this and in fact encourage tenants to withhold all rent if they believe they have any Covid impact. Removing any financial documentation requirement and allowing tenants to "self-certify" will likely result in at least 30-50% rent withholding and the consequences that will result.

In the real world, it should also be understood that deferral of any repayment obligation until after 6 months (let alone for 12 months) means the aggregate amount of rent withheld will never be repaid.

To be fair to property owners and not inadvertently harm Pasadena's rental housing and commercial property, Pasadena's Ordinance should focus on a) tenants that are verifiably impacted by Covid and b) on the amount of rent that reasonably cannot be paid. A fair plan should include the following:

1. Reasonable determination of the amount of monthly rent that cannot be paid by a tenant due to Covid. This requires a personal financial statement from the tenant showing all current income including Cares Act benefits and all expenses. This could be substantially the same as the standard rental application provided when the tenant first rented the unit. Sample forms for this are in existence and a committee appointed by the City could respond with recommended forms within a few days; and

2. A procedure for mediation followed by binding arbitration could be established for when an owner and tenant disagree as to the appropriate amount of rent to be withheld by the tenant due to Covid. These could be standard procedures already commonly utilized in California real estate and a committee appointed by the City could quickly respond with recommendations.

3. Lastly, what is the rationale for allowing Pasadena residents to only accrue and not pay rent and why should this not extend to all goods and services? A more equitable approach would be for the City to verify the financial condition of Pasadena residents with covid-19 hardships (or accept their self-certification), determine the percentage reduction in income and then pursuant to ordinance provide that certified residents are only required to pay their designated percentage for all goods and services purchased in the City of Pasadena. This would include rent and spread the burden ratably to all vendors, businesses and service providers and not just to property owners. If the City has the power to control rents and private rental property it certainly has the power to control the price for all other goods and services in the City of Pasadena. This would be the fairest thing to do.

The above or something similar would provide fairness and certainty for both property owners and tenants in a timely manner and minimize the likelihood of catastrophic unintended consequences to

2

Pasadena's rental housing and commercial property. Pasadena looks forward to your reasoned, rational and fair determinations.


Luther Tsinoglou

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3

·~ -- California Apartment Assocation Los Angeles County 515 S. Flower Street, 181h FL Los Angeles, CA 90071

Mayor Tomek & City Council City of Pasadena VIA Email

Dear Honorable Mayor and City Council:

5/4/2020

On behalf of the California Apartment Association (CAA), I am writing to request that you continue to work closely with housing organizations in these difficult times. CAA understands that the coronavirus outbreak presents a health and financial crisis to all Californians and as an industry we have an important role to play in working with our residents as we get through this.

We are concerned Pasadena does not fully understand the implications and negative consequences of altering its current eviction moratorium ordinance, particularly when rent is unpaid or deferred for an unreasonable amount of time. We ask that you maintain a reasoned approach.

We urge you to consider:

The deferral period for rent should remain at 6 months. As the crisis continues, there is time to consider extending or reviewing as we move forward; but l 2 months at this time is difficult for owners who have major expenses that still require payment such as property tax, mortgage payments, or necessary upgrades.

• A tenant should provide documentation that their loss of income is directly related to the Covid-19 outbreak. The moratorium should only apply to non-payment of rent. All other lease violations should not be included. This is a reasonable request.

Renters facing financial turmoil because of the coronavirus outbreak should not have to worry about keeping a roof over their heads. Housing providers need consideration and relief as well. The expenses and financial obligations have not been relieved for all parties. Let's continue to have a consistent, equitable approach that will help the entire community, including small businesses and housing providers get through this difficult time while maintaining their health, their homes and their financial security. Thank you for your consideration during these uncertain times.

Sincerely,

~ Matthew Buck California Apartment Association 951.809.4423

05/04/2020 Item 16 & 17

Martinez, Ruben

Subject: FW: Support Responsible Property Owners during COVID 19

From: Lisa Mohr Sent: Monday, May 4, 2020 12:03:37 PM (UTC-08:00) Pacific Time (US & canada) To: cityclerk Subject: Support Responsible Property Owners during COVID 19

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Dear City Council,

As a property owner outside of Pasadena with rental properties in Pasadena we are counting on you to help housing providers as much as tenants. Extending the rent repayment and eviction moratorium to 12 months and allowing tenants to self certify could have devastating effects for landlords - especially for Mom and Pop owners such as ourselves. We have always offered fair rent in all our properties. As landlords, we are still required to maintain our rental property, pay property taxes, mortgages and insurance. How will we meet our obligations if we don't have our monthly rent? What is being proposed is putting an undo burden on landlords without any safety net or aid for us to survive.

Soon people will be back to work and incomes will be restored. This is happening all over the world. The pandemic will pass and our lives will return to normal. It is simply unfair and I believe immoral for the city to impose such measures on good standing landlords. My husband is unemployed and we are barely making ends meet. We will survive but we count on our rent to keep the properties properly maintained. If one of our renters had a specific situation, we would help that renter. We simply cannot support a blanket "immunity" from paying aU rent for the next 12 months for all tenants. Even if someone has COVID 19, most recover within 7-12 days if not sooner.

Please do not allow this measure to pass. It will devastate property owners who pay their bills on time, work hard for the collective good and support the Pasadena community.

Thank you.

Lisa Mohr

Lisa Mohr 626-485-6200

1 05/04/2020 Item 16& 17

APARTMENT ASSOCIATION OF GREATERlOS ANGELES

' -. ·~ 1 1_1,: ":} • P'·" 1· ·; V ,,, ,:· , ...... ; -· 4 "1 i , . I., L ~--"-• j IF'!. ~ l-

Hon. Mayor Tomek and Members of the Pasadena City Council Pasadena City Hall 100 North Garfield Avenue Pasadena, California 91101

May 4, 2020

AAGLA "Great Apartments Start Here!"

Danielle Leidner-Peretz Director, Government Affairs & External Relations [email protected]

213.384.4131; Ext. 309

Via Electronic Mail

Re: Conduct First Reading of an Ordinance Superseding Uncodified Ordinance No.7359 and adding a New Chapter 9.76 of the Pasadena Municipal Code entitled "COVID-19 Eviction Moratorium" (Agenda items 16 and 17)

Dear Hon. Mayor Tomek and Members of the Pasadena City Council:

Nearly two months ago, government at every level, took action to protect its citizens during this global and unprecedented pandemic. Government response has been reflective of continual assessment and understanding of the virus and the measures needed to curtail its advancement. Based on lessons learned, as we move towards the next phase and the reopening of non-essential businesses, it remains equally important that we continue to proceed incrementally in recognition of ever-evolving dynamics.

The Apartment Association of Greater Los Angeles (AAGLA) has urged and continues to advocate for the City Council to take a balanced approach in recognition of the detrimental impacts of COVID-19 on both the City's residents and businesses, all of whom need support during this most challenging time. The multifamily rental housing business, much like a multitude of industries, small businesses and the individuals whose livelihood are dependent upon those industries have, through no fault of their own, been adversely affected by COVID-19.

At the May 4th City Council meeting, the Council will consider numerous amendments to the City's temporary eviction moratorium. As the City Council discusses and considers adoption of the ordinance, we urge the Council to consider the concerns and recommendations set forth herein:

05/04/2020 Item 16 & 17

1

APARTMENT ASSOCIATION OF GREATER LOS ANGELES II AAGLA "Great Apartments Start Here!"

Extension of Deferred Rent Repayment Period

The proposed ordinance would extend the deferred rent repayment period from six (6) months following the termination of the moratorium to twelve (12) months. As the pandemic continuously evolves, the duration of the emergency is unknown and as a result, the date upon which the repayment period will begin remains unclear. Due to these ever-evolving dynamics, we urge the City Council to maintain the current repayment period and delay consideration of any further extension until the local emergency has been lifted at which time the Council can better evaluate the situation and determine what, if any, extension is needed and appropriate. The longer the repayment period, the greater the likelihood that deferred rent payments will be uncollectable and that the renter will move out of the unit before repayment of the rent obligation; leaving rental housing providers with limited remedies aside from costly litigation.

Notwithstanding, if the City Council extends the repayment period to twelve (12) months, we urge the Council to require that renters begin to make repayments of the unpaid rent no later than the beginning of the second six (6) month period, to do otherwise may result in a situation where the renter does not make any repayment until the conclusion of the twelve (12) month period. It is inequitable to mandate interest free loans for a period of over a year on rental housing providers.

Self-Certification of Inability to Pay Rent

The proposed ordinance would require rental housing providers to accept "self-certification as sufficient documentation of a tenant's inability to pay rent due to financial impacts related to COVID-19" with no requirement to provide or retain verifiable documentation to support their inability to pay rent.

To minimize the likelihood of fraud and disputes related to the basis for the non-payment of rent, it is essential that reasonable, verifiable supporting documentation be provided by renters to rental housing providers. Traditionally, government programs that provide financial assistance necessitate the provision of supporting documentation in assessing eligibility, similar requirements should be provided in these circumstances. At minimum, the ordinance should require that renters retain verifiable documentation such as termination notices, payroll checks, or medical bills depending on the individual's circumstances which aligns with Governor Newsom's March 27th Executive Order/Eviction Moratorium N-37-20. Further, if the City establishes a Self-Certification form, as referenced in the proposed ordinance, it should include language specifying that the form is to be signed under penalty of perjury, a requirement contained in other provisions of law.

Additionally, under the Federal "CARES Act," many individuals that have lost jobs or have experienced reductions in work hours may be entitled to significantly greater unemployment benefits, and in some cases up to four (4) months of their full compensation in addition to other direct subsidies for individuals earning less than $99,000 per year. These Federal subsidies should be a factor in determining an individual's eligibility under the ordinance.

2

APARTMENT ASSOCIATION OF GREATER LOS ANGELES

AAGLA "Great Apartments Start Here!"

Additional Prohibitions - Harassment

One of the primary missions of the Apartment Association of Greater Angeles (AAGLA) is to increase professionalism among rental housing providers and to promote compliance with applicable laws and regulations. The Association does not condone or tolerate any form of renter harassment by our members under any circumstances.

The language in the proposed ordinance, under 9.76.040 - Section D related to harassment includes under subsection (3) "abusing a tenant with words which are offensive and inherently likely to provoke an immediate violent reaction (including words used during in-person conversations, through social media postings or messages, or other communications)". This language is very general and as a result a housing provider could easily violate the provision by making an innocent statement which might be misinterpreted by a renter.

We urge the City Council to consider adding more specificity to the above language and possibly cite examples to make the City's intended prohibition clear. As we deal with this global pandemic and individual's livelihoods and health are adversely impacted, emotions and sensitivities are heightened. "Words" that may be considered "offensive" or "likely to provoke" today, may not be so under normal circumstances.

Moreover, with respect to subsections (1) and (2), we urge the Council to qualify "services" and "repair and maintenance" as "material and necessary to ensure the health and safety of residents."

The Association appreciates the Council's previous actions to alleviate the financial stress associated with COVID-19 through the suspension of all late fees and penalties on municipal services, suspension of all utility shut-off for all customers due to non-payment and suspension of parking related requirements. We continue to advocate for the establishment of an emergency rental assistance program at the local, state and federal levels, which is the most direct, impactful and equitable means to assist both renters and rental housing providers struggling during these uncertain and turbulent times. We also urge the Council to direct financial institutions and lenders to extend grace periods, offer deferred payment plans, not take any actions to impact credit ratings and provide interim relief to rental housing providers who have reduced rental income resulting from the COVIA-19 emergency.

The totality of all these City actions will serve to assist everyone facing financial hardships during the pandemic and will limit future economic instability after the emergency has concluded.

3

APARTMENT ASSOCIATION OF GREATER LOS ANGELES II AAGLA "Great Apartments Start Here!"

Thank you for your time and consideration of these matters. If you have any questions, please call me at (213) 384-4131; Ext. 309 or contact me via electronic mail at [email protected].

Very truly yours,

Danielle Leidner-Peretz

4

Martinez, Ruben

Subject: FW: Pasadena Eviction Notice

From: [email protected] <[email protected]> Sent: Monday, May 04, 2020 12:06 PM To: [email protected]; Tornek, Terry <[email protected]>; districtl <[email protected]>; Kennedy, John <[email protected]>; McAustin, Margaret <[email protected]>; Masuda, Gene <[email protected]>; Gordo, Victor <[email protected]>; Madison, Steve <[email protected]>; Wilson, Andy <[email protected]>; Public Comment <[email protected]>; Tornek, Terry <[email protected]>; districtl <[email protected]>; Kennedy, John <[email protected]>; McAustin, Margaret <[email protected]>; Masuda, Gene <[email protected]>; Gordo, Victor <[email protected]>; Madison, Steve <smad ison@cityofpasa den a .net>; Wilson, Andy <[email protected]> Subject: Pasadena Eviction Notice


Dear City Council Members:

RE: Pasadena Eviction Notice

In your remarkable work and compassionate desire to relieve some of the suffering caused by Covid 19, please, look beyond the current crisis and look at the continuing need for housing. As you increase the stress on the landlord you decrease the amount of housing available. Due to lack of funds the housing deteriorates, becomes uninhabitable, often leading to destruction. Lack of funds leads to foreclosures which can also lead to deterioration and reduction of apartments available for our citizens. As a result we have a large increase in our homeless population.

In your debates about this serious problem retaining apartments in good livable condition is a top priority which can be done only when you consider carefully the landlord and her/his responsibility.

Thank you

Margaret Sedenquist Mohawk Management Corp.

1

05/04/2020 Item 16 & 17

Reese, Latasha

From: Sent:

Anthony Manousos <[email protected]> Monday, May 4, 2020 12:42 PM

To: Public Comment; Tomek, Terry; Hampton, Tyron; McAustin, Margaret; Masuda, Gene; Madison, Steve; Gordo, Victor

Subject:

Follow Up Flag: Flag Status:

Eviction Moratorium

Follow up Flagged


Dear Mayor and City Council members,

As a person of faith, I want to thank you for listening to the concerns of tenants and revising the Eviction Moratorium so there is a one-year instead of six-month period in which to pay back lapsed rent. This will help more tenants to stay in their homes and avoid eviction, which a significant cause of homelessness. I recommend going further and adopting the language of the LA County's amended Moratorium which includes a temporary rent freeze and allow tenants to "self-certify their inability to pay rent, and landlords must accept this as sufficient notice." Further strengthening of this moratorium may be necessary in the future if the economy worsens significantly, but for now the amended moratorium is a much needed improvement that will help tenants stay in their homes.

Yours in friendship and peace,

Anthony Manousos 1628 N Garfield Ave Pasadena CA 91104 626-375-1423 [email protected]

Blog: http://laguaker. biogs pot. com/

"Common folk. not statesmen, nor generals, nor great men of affairs. but just simple men and women. if they devote themselves ... can do something to build a better peaceful world."--Henry Cadbury. 1947"

The humble, meek, merciful, just. pious, and devout souls are everywhere of one religion: and when death has taken off the mask, they will know one another. though the liveries they wear here make them stranqers."--William Penn.

1 05/04/2020 Item 16 & 17

Martinez, Ruben

Subject: FW: Grant Housing Providers Equal Protections as Renters

From: Mike Shaar <[email protected]> Date: May 4, 2020 at 2:47:22 PM PDT To: "Jomsky, Mark" <[email protected]> Cc: "Laura Olhasso {[email protected])" <[email protected]> Subject: Grant Housing Providers Equal Protections as Renters

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Dear Pasadena City Council,

I am the broker of a property management company. We manage for several owners in Pasadena. Most of our owners just own one property which is a 1-4 units. Our owners rely on the income from the rentals to pay their mortgage. taxes. insurance, and other operational expenses. What is left is what the owners rely on to live off of.

Just as tenants are dealing with the impacts of the COVID-19 crisis, so are we. Our rent collections are down, and we have already seen greater declines in payments with the rents due May 1.

I understand SOME tenants may have difficulty paying their rents. And that difficulty may increase as our quarantine orders extend longer. The original 6 month repayment period was reasonable. And, it may be reasonable to extend it further. But a blanket 6 month extension to 12 months is not warranted at this time. Extend the repay period for 30 days and review that extension every 30 days as necessary. This allows you to respond to need as the facts develop. Certainly some tenants need assistance and many of them are the ones you hear the loudest. However, that does NOT make them the majority.

I also am strongly opposed to allowing tenants to self-certify their (OVID-related inability to pay. Just as when that tenant rented his apartment and provided documentation of his ability to pay his rent, he should today provide documentation of his inability to pay rent. Why should someone who is still working at their job, or at home. not be obligated to pay their rent? Why would this burden be passed onto the owners? The fact is that overall. the majority of our tenants luckily, are still working and able to pay their rent.

Furthermore, to grant a blanket moratorium for an eviction will encourage tenants to not pay rent and is not necessary. Also, it puts them in a worse situation 6 months or 1 year from now when they have to repay the balance. There may be an argument that they could be sued in small claims court if they don't pay but good luck trying to find them later to sue for the money and then collect.

This burden should not be put on the landlords. Perhaps the city should issue rent vouchers.

We look to Council to encourage housing providers and their tenants to mutually agree on a repayment plan. Such a plan, in writing, should bring peace of mind to both the tenant and the property owner. We don't want foreclosures in the city because owner's cannot afford their mortgages.

05/04/2020

1 Item 16 & 17

These are difficult times. You have a responsibility to protect both the tenant and the housing providers in the city. We are all in this together and look to you to balance the needs of all of us.

Thank you. Michael Shaar, Broker Past Presitleut- Pasadena Foothills Assoc of Realtors Past President, National Assoc. of Residential Property t\ifauagers- LA Chapter Past CAR Regional Chair, California Association of Realtors (CAR) Realtor of the Year, Pasadena Foothills ,"h.wc of Realtors Past President WCR Sau Gabriel Chapter Treasurer, Glendale Sunrise Rotary Club Past Treas, Sunland Tz~iuuga Clwmber of Commerce (818) 287-6692 SIG Dirs:t '.818) 249-7368 xlOl

(l)S.I.G. PROPERTY ~IANAGEMENT

00@@~ BR£ License #01126958

2

Martinez, Ruben

Subject: FW: Grant Housing Providers Equal Protections as Renters

From: Kris Johnson <[email protected]> Date: May 4, 2020 at 2:37:48 PM PDT To: "Jomsky, Mark" <[email protected]> Cc: Jackie Avery <[email protected]>, Husband <[email protected]> Subject: Grant Housing Providers Equal Protections as Renters

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Mr. Mark Jomsky, City Clerk

My mother is a rental housing provider in Pasadena, and I am speaking on her behalf. Just as tenants are dealing with the impacts of the COVID-19 crisis, so is she. She depends on the monthly rents that are collected to pay her rent at the senior living facility that she is currently in. Any reduction in her income from her rental property would put her capability to continue to provide those facilities to her tenants at risk. A significant reduction in income would hinder her ability to pay her rent, mortgage on the rental property, taxes, insurance and maintenance of the house.

We understand tenants may have difficulty paying their rents. And that difficulty may increase as our quarantine orders extend longer. Rather than extending the repayment period to a blanket 6 months, extend it for 30 days only and review that extension every 30 days as necessary. This allows you to respond to need as the facts develop.

We are also strongly opposed to allowing tenants to self-certify their COVIO-related inability to pay. Just as when that tenant rented our house and provided documentation of his ability to pay his rent, he should today provide documentation of his inability to pay rent.

We look to Council to encourage housing providers and their tenants to mutually agree on a repayment plan. Such a plan, in writing, should bring peace of mind to both the tenant and the property owner.

These are difficult times. You have a responsibility to protect both the tenant and the housing provider. We are all in this together and look to you to balance the needs of all of us.

Thank you.

1

05/04/2020 Item 16 & 17

Martinez, Ruben

Subject: FW: Rental Property in Pasadena - re: Eviction Moratorium

From: Amy Engler <anw:c~.amyengler.com> Date: May 4, 2020 at 2:11 :13 PM PDT To: "Jomsky, Mark" <rnjomsh'~rcitvotiJasadena.net> Subject: Rental Property in Pasadena - re: Eviction Moratorium

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Hi Mark,

Wanted to voice opinions for two of my clients. Both own a property in Pasadena that they rent out. I represented both of them in buying the properties and in leasing.

In both cases, my clients had a job move that took them out of the area. They did not want to sell their home since they will be back here some day when work locations change again.

In both cases, they are renting the property for less than the mortgage, taxes, insurance, etc. cost them so they are already at a loss each month. Any further reduction in rent or longer delay in getting that rent would severely impact my clients financially. They are already hurting from the lock down and any extension of the moratorium and repay would make that worse. Also, it's much more realistic and fair to have tenants show some type of proof of hardship vs. leaving it open to anyone claiming hardship.

Just wanted to update you on specific cases in Pasadena before the meeting tonight.

Thanks.

Amy Engler Agent DRE#. 01413993

680 E. Colorado Blvd, Suite 150 & 180 Pasadena CA 91101 m: 323 481.8782

. . . .. . . . . "'. . . . '"'. . . . " . ... .. .. . . . . . .. . .

1 05/04/2020 Item 16 & 17

Martinez, Ruben

Subject: FW: Mark, this one is better, Jill Shook

From: Jill Shook <[email protected]> Date: May 4, 2020 at 1:02:47 PM PDT To: "Jomsky, Mark" <[email protected]> Subject: re: Mark, this one is better, Jill Shook

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Realtors say location, location, location, I say Local, local, local. Please convene the local banks, landlords, tenants, and businesses to figure out how to stop all evictions with a compassionate pay-back times so it's a win-win for all. These times call for more. Please build upon the emerging local sharing economy, integrating that into every part of our city: make the 20-20-20 rule apply not only to affordable housing, but all housing, and all restaurants-20% (or more) of the food grown local, 20% of contracts and 20% of labor. I love Newsome's idea of using local restaurants into food distribution centers getting folks back to work, and with the physical distancing. Let's incentivize yards on each block to grow food .... partnering with those who love to grow. Let's incentivize backyards to end homelessness. Let's incentivize those with sewing machines to make PPE. Let's make all energy local using government, PUSD, business and home roofs, putting people to work. With weekly City Council meeting and all commissions at full speed, we can figure this out. PUSD got chrome books to all students and online teaching for every student. With a vision for local and real change these things can happen.

Jill Shaak, Missions Door, Catalyst http://www.missiansdoar.org/missionaries/shook-jill Doctor of Ministry. Bakke Graduate Schaul Blog: makinghousinghappen.net Websites: www.makinghousinghappen.org and makinghousinghappen.com Author/Editor: Making Housing Happen: Fait/, Based Affordable Housing Models [email protected] Phone: 626) 675-1316

1

05/04/2020 Item 16 & 17

As Pasadena apartment owners, we are heavily impacted by the COVID-19 crisis. We have monthly property taxes, mortgages, insurances, maintenance, repairs, and upkeep costs on our apartment buildings. In addition to that load, we are experiencing vacancies. The added responsibility of tenants self-certifying COVID-19 (instead of providing proof) and the extended 12 month repayment period for past due rents would be financially devastating. It is imperative that a more balanced solution be found. We are 100% opposed. Thank you for your consideration. Elizabeth Silveri 1340 S Marengo Ave Pasadena, CA 91106

v

cr.

05/04/2020 Item 16 & 17

PUBLIC COMMENT FROM

MAY 4, 2020 CITY COUNCIL MEETING

Martinez, Ruben


Name

Email

Phone

Address

City

State

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Meeting Date

Agenda Item Number

Comments

mei

City Web Friday, May 01, 2020 7:41 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 16 & 17

Pasadena

CA

91006

May 4. 2020

16 & ! 7

As one of the owners ot.thc an apaitment building in downtown Pasadena. we are providing

housings to low to medium income people with paid gas and water. If the rent repayment period is extended to 12 months. we \Vi 11 struggle with the average $20.6:iO

monthly operating expense to cover essential services such as onsite management tee. uli I ities. janitorial. disposal. plumbing. gardening. insurance. property tax. elevator maintenance. pest

control. etc. On top of all these. we are e:-:periencing long vacancies clue to the Covicl-19 crisi'.>. Our rental receipts have already been impacted with surging v,1cancy and delinquent rents. Extending rent repayment for another 6 months will severely impede our ability to serve our

tenants with basic maintenance and other services.

For landlords. losing our rents is equivalent to losing our jobs. Small properly owners depend entirely on the net proceeds ["rom rental operation for their livelihoods. They also have families to feed and expenses to cover. yet during the C ovid-19 crisis. landlords have not received ANY assistance from the stimulus pack.ages but are instead saddled with new regulations and

unrecoverable economic losses To prevent further harm to small property owners. the

government should issue rent vouchers to qualified tenants.


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Martinez, Ruben


Name

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Comments

City Web Saturday, May 02, 2020 3:31 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 16 and 17

Peter Ronay

Pasadena

CA

91101

May 4. 2020

16 and 17

I strongly urge the proposed enactment be denied. It is not a .. measured response. The .. cure .. is worse than the disease.

I. The City is assuming significant liability if its actions are challenged on the basis of

illegality. 2. It unilaterally and retroactively alters the contractual terms of all lease agreernents. 3. It motivates Tenants to live virtually rent free for a minimum of 12 months plus the additional time period necessary for the lancllorcl to seek judicial relief to regain possession. The landlord is very unlikely to ever receive the deferred rent. 4. It allmvs up to 12 months after the .. emergency·· to pay the deferred rent forcing the

landlord to·· l'und .. this deferral interest free. 5. Rent is a property 1·ight in e;.;chai1ge fo1· use of the property. So the effect ot"the

tvloratoriurn is to take the property 1·ight of a lai1cllord without due process while leaving

Tenant in possessicm. 6. The intent of the proposal is to assist Tenants. 7. The 1011g tem1 effect is to drive landlords out of the market. This is detrimental to all

Ten:rnts as reduced supply harms al!.

1 05/04/2020 Item 16 & 17

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Martinez, Ruben


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Comments

City Web Saturday, May 02, 2020 5:48 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item Item 17

Alrni Dodge

- L '_,---,

Pasadena

CA

91104

May 4. 2020

Item 17

Dear Honorable Pasadena City Council. My name is Ahni Dodge. a Pasadena business kachcr

and landlord of7 units. One ol'my tenants has been unable to pay the rent for 2 months. but

they have 6 months to repay. I doubt I'll ever see a penny. but it's 6 months.

Like many small businesses. I still pay the mortgage. water. gas. gardener. maintenance like

new v,ater heaters. and take care of the property for them. When they choose to respond to m::,

emails. I learn mrn\: about their situation. I took them an Arby's mast beer lunch last \\eek.

\Vhat I ask is for the repayment period to remain at 6 months. removal of the self certification

clause and f6r the City to bear the burckn of tenant notification. Notification could be an online

statement written by the City and easily accessed by the public. I appreciate your consideration.

Thank you. Ahni Dodge

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1 05/04/2020 Item 16& 17

Martinez, Ruben


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Comments

City Web Sunday, May 03, 2020 6:19 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item Item 17

l-lt·k'n Bunt Smith

r, as ad e 11 a

CA

9 I IO I

May '+. 2020

!teinl7

Please vote against su1w1·sedi11g 01·di11a11ee 7359 Chapkr 9 76. as this penalizes goucl landlords

11ho are 11orking with their tenants 11ho 11ere f1m11cial\y injured b) the virus.! live in Pasadena

and ,1111 a cornnwrcial bmllord :rncl re11t 011e apartment. Al:-.o do not make landlord~ notify k'llclllb

about a possible: clnnge i11 the lm1. Not ,ill tcmuns a1·c tl11anci,ilh effected b:y the virus. The ones

11ho me injured sliLiuld nutit\ the landlurd :i:; 111) tenants did. I have 11orked 11ith those ten,mts

l111a11c ia 11:: i n_i ured b v the virus by tc,rgi I i 11 6 ,c,ine 1x1rt u 1· t h1c'i r rent a, nc:edecL and b) giving al I

the tnone) received rrom the city utilities ri.:b~ll'c to the: te11~111ts as a cr,.:dit. in part as per their

neecl. I e11a11ts should not be givc11 dddition,li 11 ays to take advanu~e 01· I heir landlords.

e~pecially irthey arc nnt 1·eally linanciall:, in_imed rlic cuffcnt ordinance is sufticie11t to 1xotcct

1-111a11cialh iniurc:d kn:uH~. I am sure I alll tWl the uni\ landilird tu voluntarily hdp theit tenanb.

Since1·d~ f lele11 Bunt Smith


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1 05/04/2020 Item 16 & 17

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Martinez, Ruben


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Comments

City Web Sunday, May 03, 2020 7:23 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 17

Si111011 Gibbons

Pasadena

CA

91107

rvlav 4. 2020

17

We own L? rental units in Pasadena. and manage othe1· rental units in the LA County artcl for

other O\vners. 'v\'e understand that we all need to work togt:ther in this unprecedented situation.

As you consider the prnposed update to the eviction morato1·iu1n. please keep in mind that e,·ery

change in !egi~lation is a major burden 011 small landlords. so try to make this the bst change.

The majority or our tenants have bl'en keen to wo1-k. \vith us. and c1ppreciated it \\hen \\e lllfered a 20'>o reduction in April's rent to help with the initial economic shock. 1-!mvever. 11t.' at\~ very

concerned that you propose to allmv sci f-ccrtification of economic impact. It d\Jesn't ~eelll like: an

unreasonable burden for a tenant to show evidence of their changed situation. Government

bodi1:.·s. banks and cities all require evidence, so it seems unfair th:11 landlords hmc w prove thei1·

own problems. but have to accept their tenants' difticulties on trust.


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Martinez, Ruben


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City Web Monday, May 04, 2020 12:19 AM Public Comment; Cfty_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 1.16

Shcng:Teh Hsieh

California

91776

ivlay 4_ 2020

1.16

! 0\,\11 an apartment building in city uf Pasi\dcna ancl lik,e tu <.:,11rnni:11t 011 IJroposed c\iltion

rnoralori um.

l arn in support of eviction rnoratnri urn duri 11g pandemic ernergenc) sh utdmrn. I be-I ic, l' it is

necessary tll avoid ~ncial \ioknce. !-!,l\\t'\"c:r. I also bclie\e a b:1!ance bet\\ern Landlord and

Te11,111l's musi be' maintailled.

We will probabl: racing 20~·o u111:::mploy111c11L ! IO\\i:\er_ \,·ith government's relier program.

peop k unabk to pay rent 1\ i 11 drnp to less then )~i;)_ This number \I c1u Id be lL1iernblc ro Landlord.

I lo\1ever 11hal l real I;-· nrnccrn is that ii govcrnmcnt imposes too much restriction to propert) O\V!1eL and gives too much incentives tc, tenant. tenant\\ ill be given idea that as long as he:

states he is affected by COVID-19. he will not need to pay rent even ifhe can afford to pay.

Therl:'.fore I am against the follo\.\ing idea in proposed ordinance: I. Defer pay111ent from 6 months to 12 months: It is too early to e:,;.tcnd payment time. It

would not be l;;ite if cit} adopts this 3 months later, 2. Requirement to modify renter

document.

3. Impose owner notice requirement.

1 05/04/2020 Item 16 & 17

Martinez, Ruben


Name

Enrnil

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Comments

City Web Monday, May 04, 2020 8:08 AM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item Agenda #17

Chud Dunn

Pasadena

California

91107

May 4. 2020

Agenda # 17

Council 111embers .. The covid -19 Evictfon f'vloralorium: Our apartment owners do not push ur abuse tenants tenant;; into paying rent. \\c have instrnctecl them into obeying the current Im\ you passed. Please vote NO on the age11da item 17. eviction moratorium e:-.:k·nsio11. Let us all

get well and or stay ,veil.

Chuck Dunn

Vice preside11t Foothill Apnrtrn<:nt Association

[ consent to hil\'e my Yes


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11·abon; 3 items lrnposecl. many tt.:11a11ts \\ill bt;; encouraged not to pa) 8Ven he is abk to p~l)·.

iv!an) Lamiiord could be forced out business due to serious loss of rent.

l consent to have my Yes


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Martinez, Ruben


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Comments

City Web Sunday, May 03, 2020 4:03 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item New Chapter 9.76 Proposal

Larrv Louie

Pasadena

Ci\

91106

!\lay 4. 2020

Ne\\ Chapter 9. 76 Proposal

City Council.

1\ tenant informed me on 1Vlarch 31 that they \viii not be paying April rent clue to spouse losing

her pan time job as a nanny. On April 7. I did send them a letter and forms relating to Tenant Relief\,[easures. Notice regarding non-payment clue to COVID-19 (to clari!\ hmv COVID-19

affected their payment of rent) \,ith instructions to help clarify tlwir situation and set up a pay111c11t plan i r possi b!e. They have not responded in any manner ( fvlay 3. 2020.) nor have 1 sent

the any aclclitiona! coi-rcsponclence/requesb .. Te11ants also have a responsibility to respond in a timely and respectful 111a1rner. I feel that repayment should remain at 6 months and that the City

or Pasadt'.na should send out the tenant notification oflicially on-line and ! \\Ould then send to the

involved tenants as it may p1·ovide more attention/response from knants. It· you have a remedy to non-responsive tena11h for suppurt for non pa) ment of n:nL please share as 1 have a 111ortg"1gc

and e"penses like many small apartment owners. Thank you for listening and res1x111di11g ..


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Martinez, Ruben


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City Web Monday, May 04, 2020 9:27 AM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 17

rv1aria11nc Payne

Pasadena

CA

91106

17

Dear Council Members.

As a proper(:, owner in Pasadena t1.,r many ::,ears I want to be clear that new I} proposed

approaches to tenant support simp!~ are not feasible to withstand as a property owner. Wt: are 11ot

large landlords \Vith hundreds or thousands of units. We are small business people \vho as property· owners have monthly fixed obligations \Vhich cannot be met without revenue from

rents.

As small propert:, {mners. we are not the government or receivi11g any assistance from the

CARES Act programs and it is NOT right or feasible that the City of Pasadena should shit! tht: bmde11 from rent payers. \\ho are receiving c1ssistd11ce from COV!D related pi-ograms. to business people like us who are receiving no support at all. It just doesn't \\Ork.

My family has had three cases ofCO\/ID-19 directly affecting us as O\Vners- ,111d yet we are no!

eligible for any government support. The City or Federal government should provide assistance directly to rent payers and not look to self-employed prop<'.rty O\\ners ,vho are simply trying to

pay their bills and CAN NOT afford to absorb the burden or these proposed obligations.

Thank you.

Marianne Dick

1 05/04/2020 Item 16 & 17


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Todd Hays

Pasadena

CA

91104

1\l[ay .:+. 20:20

16

\\/hen dicl it become acceptable to put the entire housing burden on the backs of vulnerable senior. veteran. retired and hard\\ orking mom-and-pop land lords'? 1-!ov, are they going to pa) for shelter. medicine. food and health insurance when their income goes avvay rm 12 months"' The people at greatest risk during this pandemic - older Americans ai·e being asked lo sacrifice the most. 1-lo\V is this fair? Shame 011 those who take from those most\ ulnerabk \vhen this should be

a shared solution. Vulnerable and hardworking Americans are being forced lo hous..: those in neecl without compensation \.\hen those more able lo help are furc.:s:d to do nolhi11g. \Vil)·:, Rather than helping this high-risk group in their time of need. lhs: rental-housing burden is being placed solely on the backs of small landlords. and their backs alone. Why? Small landlords ma1 live check to check.just like tenants. To vilif1 and sacrifice a vulnerable segment of the American popuL:ttion is wrong. The sacrifice oC one to save another is not a solution. it's heartless;_ The 5th Amendment of the U.S. Constitution prevents the government l"rom taking private propert) without just compensation. Where does thi;-; all stop?


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Laura Olhasso

Pasadena

CA

91109

May 4. 2020

17

The Pasadena-Foothills Association of Realtors strongly objects to items in the proposed changes

to the current eviction moratorium.

In these unprecedented times. we understand the need to give tenants \,ho have truly been

affected by COVID-19 protection. In fact. they have already been granted extensive prokction

under existing state. county and local proclamations. At the same time. there has been no

consideration of the impact of the crisis on income property owners. We urge you to leave in

place the 6 rnonth. after the litiing of the emergency. repayment requirement. If the emergency

continues longer than \.ve all hope. then increase that repayment period in 30 day increments as needed. We urge to keep in place the requirement for tenants to show proofofCOVID-rclated

reasons to not pay their rent. Providers of housing are hmtlng too. And have bills to pay too. l(eep a balance fr.Ji· all parts of our community.


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Leon l(hachooni. Director. Foot hi 11 Apartment Association

Pasadena

CA

91107

May 4. 2020

17

Honorable Mayor Tomek and Pasadena City Council Members.

As Director of the Foothill Apartment Association my duties include answering questions for our

members as well as the public. I also gather and share all relevant information. best busines~

practices. legal ordinances. etc.

Since the stay-at-home order went into effect. I have received over a hundred calls relating to the

Pasadena and State of Cali Ci)l'nia eviction moratori urn orcl irnrnces. I i ntcrprctecl both on.ii nance~ to mean that a \\Titlen statement on the part of the tenant was enough proor. !'or the time bci11:;. to

move forward delcrring rents. ln not om: inst:mcc \Vas there any question or complaint regarding

either ordinance. [ can also report that some ot-om 111e111bers actually forgave rents in the 111011th

of April. lt is very unfixtunatc that a handful of lanc!!orc.b have misunderstood or decided to ignon:: the cit)

and state ordinances. But this is no reason to implement a confusing se!l-.certification pn)gra111.

1\tloreover. we feel the city should provide the language !or tenant notification and post it

publicly. Finally. \Ve are also concerned with the unintended consequences to small business

landlords i r the 6-month term of repayment is extended to 12 months.

[ consent to have my Yes

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Martinez. Ruben


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City Web Monday, May 04, 2020 11 :43 AM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 17

Brian Abernathy

Pasadena

CA

91101

May 4. 1010

17

I am a residential landlord. and I oppose Chapter 9.76 of the Pasadena Municipal Code entitled

.. COVID-19 Eviction Moratorium··.

Increasing the rent repayment period from 6 to 11 months would create a hardship paying my November 1010 and Febrnary 2011 property tax installments. Last year. I expedenced negative

cash flow with my rental properties. and [ continue to experience negative cash flow this year. I

cannot imagine deferring the collection of several month's rent for one year instead of the current 6 months.

I also disagree with any sclf-c,;:rtification of financial hardship. Self-certification offers no

accountability to landlords who are already struggling to pay the expenses related to operating

and keeping their rental properties. It's reasonable to require renters to prove their financial

hardship.

In closing. I am fair and understanding with my residents. and they know that I"m co111111 itted to

helping them stay in their apartments both now and in the future. However. expansion of the

COVI D-19 Eviction Moratorium is not a balanced approach to resolving the tough financial

challenges ,ve're facing in our community. Thank you.


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Martinez, Ruben


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Comments

City Web Monday, May 04, 2020 12:08 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item Item 17 Eviction Moratorium

Allison 1-knrv

Pasadena

CA

91104

May 4. 2020

Item l 7 Eviction rvloratorium

Dear Counc i L rm a tenant in district 3 and write regat·ding item 17. modit1catio11s to the eviction rnorntoriuin. Thank you to staff and Bill Huang for the report. The self certification documentation is a

welcome change. and ,viii end bad faith demands on tenants we have seen in om community.

These additional protections. also passed by LA County. help retain om community. One

ckrnand I make of the city; PLEASE NOTIFY TENANTS <especially tenants) AND

LANDLORDS/MANAGEMENT COMPANIES of these latest protections. Tenant prokctions

,vere no where on the city·s last mailer re Covid 19. Please send out: I} a mass mailer: ~) updates

through council member outreach: 3) and other community channds to tenant-,; in Pasadena. The

city could do it the same way it's pushing out info for the Census.

I would also urge council to get creative about how to keep unpaid rent for residential and

commercial tenants from ending these tenancies after the COVID19 emergency. Will Pasadena

cancel rent and mortgages·1 Or advocate in Sacramento and \Vashington to advance forgiveness·1

A city jubilee fund? The fall out from this pandemic is not yet fully known. Vv'e can do more to

protect the tenant majority.

Thank you.

Allison Henry

1

05/04/2020 Item 16 & 17


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Paul DeJoseph

Pasadena

CA

91 [09

May 4. 2020

17

Mayor. Council rvlembers:

Please do not make it any more difficult for Pasadena·s housing providers than it already is. There is a faction \vho are preying on this vulnerable time who's agenda is to promote chaos and the destruction of the free enterprise system as we kno\v it for housing. I ask that you: Maintain the current 6 month repayment period fr)I' past due rent. Require an IVleans Test. to minimize Fraud. for tenants who convey they cannot pay rent due to circumstances related to Covid-19. Establish an emergency rental <1ssistance fund to provide essential financial ;;upport to all impacted residents struggling during these uncertain times.

Thank you for your consideration of my proposals.

Sincerely. Paul De.Joseph Resiclent of the City of Pasadena



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Danielle Cowan

Pasadena

CA

91101

May 4, 2020

16

The current ordinance reads that landlords cannot evict tenants after the 6 month period for unpaid rent related to Covid-19.

It reads: "nor may a landlord seek rent that is delayed for the reasons stated in this ordinance through the eviction process." This will allow tenants to stay in their homes, but landlords can still seek recourse through small claims court.

The proposed changes does not include this language, which will expose tenants whose income has been affected by Covi d-19 to eviction in 12 months. Many of those who have lost their income may not be able to recover once the shelter-at-home order ends. These tenants will lose their housing due to the changes that are being considered.

Why is Pasadena repealing one of its strongest protections? While I appreciate the decision to strengthen the current ordinance, we should not have to lose protections in that process, especially when the consequences will be particularly dire.

I consent to have my Yes comment read out loud during the meeting.

1 05/04/2020 Item 16 & 17

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Angel M. Castillo

Pasadena

CA

91104

May 4, 2020

16

I am a Pasadena resident living in the Park Grove apartments on Orange Grove Blvd, a member

of the Pasadena Tenants Union and the Democratic Socialists of America. I would like to speak

in favor of the ordinance extending and strengthening the eviction moratorium during the

COVID-19 crisis. It is unconscionable to me that anyone, renter or landlord, would be opposed to

such protections during a crisis when everyone's income has been affected, regardless of class or

profession. To demand rent from people who have been laid off, furloughed, and specifically

forbidden to leave their homes to go to work is to try and squeeze blood from a stone and then

shame the stone. If landlords are so concerned about their own incomes, the moral thing to do is

to challenge the banks to suspend mortgage payments and actually challenge those who hold

power over them and not those over whom they hold power. Punch up, you dinguses.


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Martinez, Ruben


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City Web Monday, May 04, 2020 1 :49 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 16

Jill Suzanne Shook

:0111

Pasadena

CA

9 l 104

May '"L 2020

16

Realtors say location. location. location. I say Local. local. locaL Please convene the local banks.

landlords. tenants. and businesses to ligure out ho\v to stop all evictions with a compassionate

pay-back time so ifs a ,vin-win for all. These times call for more. Please build upon the

emerging local sharing economy. integrating that into everv part of our city: make the 20-20-20

rule apply not only to affordable housing. but all housing. and all restaurants-20% (or more) of

the food grown locaL 20%> of contracts and 20% of labor. I love Ne\vsome ·s idea ol" using ltJCal restaurants for food distribution centers getting folks back to work. with the physical distancing.

Let's incentiviz:e yards 011 each block to grow food ... pai1nering with those who love to grow.

Lefs incentivize backyards to end homelessness. Let"s incentivizc those with sewing machines

to make PPE. Let"s make all energy local using government. PUSD. business and home roofs.

putting people to work. With weekly City Council meetings and all commissions at full speed. we can figure this out. PUSD got chrome books and online teaching for every student. \Ve h:we

the teclrnologv no,v we need a vision for local and real change.


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Deana Vi I kgas

Pasadena

CA

9! 107

May 4. 2020

17

Good Atiernoon. iVlayor Tomek and Council rvkmbers:

As a renter in East Pasadena for\\ el I over t\,enty years. I am VERY concerned for myself and the

many others who are struggling to pay their rent. l paid very littlt: rent in April and have yet to pay May's rent. l am appreciative that this cit) is extending the 12 month period to pay the back rent to

landlords. but that implementation is still stressful and NOT a viable option. In all honest:,. how do you expect tenants to pay back all that rent ,,hen they also have expenses that are going unpaid'.:'

If you truly care about protecting tc1mnts. w h) not consider a Rent Forgiveness Program'? l am URGING this Council to implement a plan that will help tenants from becoming homeless as soon as possible!

Thank you 1

Derma Villegas

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Martinez, Ruben


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Anthony ivlanousos

Pasadena

CA

91104

[\,fay 4. 2020

16

Dear Mayor and City Council members.

As a person of faith and member of Greater Pasadena Affordable Housing Group. I want to thank you for listening to the concerns of tenants and urge you to revise Eviction l'vlorntorium so there is a one-year instead ofsi"'-month pay back period. This will help more tenants to avoid eviction. which a significant cause ofhomelo:ssness. I recommend adopting the language of the LA County's amended Moratorium which includes a temporary rent freeze and allmv tenants to "se!f-certify their inability to pay rent. and landlords must accept this as sufficient notice." Further strengthening of this moratorium may be necessary in the future if the economy \vorsens significantly. but for now the amenckd moratorium is a much needed improvement that wi!I help tenants sta) in their homes


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Ryan BL'!!

Pasadena

CA

9 ! 105

May 4. 20:20

17

I am commenting today to both thank you for taking additional steps to protect Pasadena tenants and to point out an urgent flaw in the new ordinance.

Al!owing tenants to self-certitY their inability to pay is something the Pasadena Tenants Union has been advocating since before the emergency declaration and \Ve are happy to see it. Additional protections against harassment by landlords is also helpl.ul. 1 lowever. relative to the repayment of bad~ rent debt the existing ordinances says, "nor may a landlord seek rent that is delayed for the reasons stated in this ordinance through the eviction process." The proposed replacement ordinance does not include this provision and ifit is left out we will experience a massive eviction and homelessness crisis 12 months alter the end of the emergency. on top of what we currently have Eviction must NOT be a remedy to colkct back rent that accrued during this pandemic. The solution is rent forgiveness. This \vould render the entire issue of tenant debt moot. Pasadena needs to cancel rent and mortgages and call upon the state and federal

government to do the sarne.

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05/04/2020 Item 16 & 17

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P.I Johnson

Pasadena

CA

91107

May 4. 2010

17

My comment card: # 17 Thank You council Members for meeting and speaking to the behemoth that is in the room Rent payment. In a time \Vhere it is impossible to make money to pay rent.

allowing payment to be kicked down the road is a good place to start the conversation. Also allowing a real conversation to be guided and shaped by not kicking people when they arc down

by harassing them to pay rent from money that is suppose to appear faster than it did pre-Covid is

also a start in this conversation about rent repayment. Eviction can not and has never been a motivator to pay rent nor is homelessness. I am grateful this council sees the need to put in m.:tion

not just have substantive conversation on how to handle this issue that these United States collectively are having. Please consider this conversation is being had and affecting a majmity rental community of your constituents. What we really need is rent forgiveness Nationally and we should push for that.


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Ferne E Hayes

Pasadena

CA

91106

May 4. 2020

16

Mayor Tomek and City Council:

As a Pasadena resident for 49 years I support the modifications to the Eviction Moratorium

which include a 12 month payback period and self:certification of inability to pay.

I urge you to add prohibition of rent increases during the moratorium period. This .should be

stated clearly in the ordinance.

The Council is to be applauded for continuing to assess the needs of tenants as the fragile

economic situation unfolds.

I am surprised however hat measures to assist the homeless and discussion of rent assistance

is not on today's agenda. I urge the Council to give homelessness and the affordable housing

crisis the urgent attention it deserves. We cannot put off finding answers.



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City Web Monday, May 04, 2020 2:12 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item Eviction Moratorium

Adrienne N. Spires

Pasadena

CA

91116

May 4. 2020

Eviction Moratorium

I offer my unwavering support for the Rapid Response: support a strong eviction moratorium in Pasadena. As a supporter of the eviction moratorium I have other concerns that probably hasn't

been considered yet. For e:-.:.ample. is it logical to think renter/tenants will regain income to pay back rent after job destruction ofno fault oftheir own and/or loss ofvvages due to the pandemic. In addition. to the eviction moratorium I prnpose rent be handled with the same swift stimulus strat..::gies as the commercial and privak sector were able to benefit. A stimulus for landlords that will cover all outstanding rental payments.

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City Web Monday, May 04, 2020 2: 13 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 16

Mary Clark

om

Pasadena

CA

91101

l\lay 4. 2020

16

'vVhi le the nevv ordinance provides some further protection for tenants. it removes one critical protection. The current ordinances reads. "nor ma_:, a landlord seek rent that is dela)ed for the reasons stated in this ordinance through the eviction process.·· Landlords must not be able to collect back rent through the eviction process. What leads anyone to believe that renters \\'ill suddenly be making 11101·e money than they w--:re before this crisis') When this crisis becomes yesterday's news tor the rich and well-off the rest of the citizens of Pasadena. the tenants. will not suddenly experience an intlu'i. of cash. A I lowing land lords to seek back n:nt through the eviction process will lead to people losing their homes. There is no logic and no hurn:mity in

relying on the people hardest hit bJ the crisis to bail out everyone else. Cancelling rent is the

humane option.

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Charles Xu

Pasadena

California

91101

May 4. 2020

17

Greetings council. my name is Charles Xu and I'm a resident of Pasadena council district 7, a

grad student at Caltech and an organizer ,vith the Pasadena Tenants Union. I urge you to adopt in full the Housing Department's recommendations for strengthening the local covicl-19 eviction moratorium. I especially \Vant to highlight the ability tcir tenants to self-cenil'y their inability to pay rent. which goes a long way toward the universal eviction moratorium for ,vhich PTU has been organizing. E.:..;tension of the back rent pa) ment period to 12 months and inc1eased penalties for landlord harass111ent and intimidation c1re also welcome.

Hmvever. it's deeply concerning to us that one provision of the existing moratorium. that landlords may NOT "seek n:nt that is delayed !or lh<c' reasons stated in this ordinance through the eviction process." has been stripped out. and I strongly urge you to restore it. Indeed_ the city must go still further: we must stop ALL evictions to keep people housed during this public health crisis. And rent payments should be cancelled outright.. to prevent thousands from going into ruinous debt. It is no exaggeration to say that absent such action. our city will see homelessness_ displacement. and death at unimaginable scales.

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IV!atthe\\ S0rre11ti

Pasadena

9 I IO 1

rvlay 4. 2020

16

Good after. mayor ,111d city officials. Tena11ts i11 Pasadena are in desperate need of strong

protections. The original ordinance is ve1·y good i11 that it protects tenants from eviction as a

means of collecting back rrnt tt1r COY l D-19 a related reason. We rn ust retain this important and

very stmng protectio11 as we further impmve tenant protections. Thank you for your ,vork on this

importa11t issue

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Bert Newton

e

Pasadena

CA

9l 10l

May 4. 2020

l6

I support the staff recommendations to strengthen the moratorium on evictions. These

recommendations strengthen an ordinance that addresses a situation in ,vhich tenants ALREADY

are unable to pay rent. It does not absolve them of the responsibility to pay eventually. Landlords

who have such tenants will ALREADY NOT be receiving rent. so preventing them from evii.:ting:

such tenants does not place a hardship on the landlords in most cases. as many of the landlords

and their advocates are claiming. It merely keeps tenants in their homes and provides them with a situation in which they can p,1y the money cwntual!y. Ir they do 11ot pay. their cn:dit score will

be affected. making it difficult for them to rent another apartment. No tenant wants that. This

ordinance will prevent many from losing their homes and becoming homeless.

The burden of proof of not being able to pay rent should be lined because there are many cases

in which that 111ay not be possible.

Thank. you for considering these changes. Since most of you are landlords yourselves. l know

that you are able to see it from that side and would not consider anything unreasonable for

landlmds.


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Teresa Eilers

CA - California

SOUTH PASADENA

91030

May 4. 2020

16

My name is Teresa Eilers and lam the West San Gabriel Valley organizer with the United \Vay·s Everyone In campaign. Thank you for listening to the public and strengthening Pasadena·s eviction moratorium ordinance. Your original eviction ordinance \Vas good. But. the County's ordinance is better. Thanks for listening to tenants and housing experts and taking the leadership to improve Pasadena's ordinance. I urge you to support this item.

We do not know how long COYID-19 will last. And. we do 1101 know it: or when a second m

third or fourth wave ofCOVlD-19 will hit Pasadena. Strengthening Pasadena's eviction moratorium ordinance is a proven tool to prevent additional homelessness. It is vastly cheaper to keep people in their homes and prevent homelessness compared to providing the services and

housing needed to someone after someone they have fallen into homelessness.

I ask the Council to also consider adding a provision prohibiting rent increases for residential units until the proposed ordinance ends. And. I also encourage the Council to create a rental assistance program to help renters and landlords alike.

Thank you for yom time.


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David Chavez

Pasadena

CA

91103

May 4. 2020

17

I ,vrite in support of item 17. extending the county·s protections to Pasadena tenants. The additional changes for extending repayment for up to 12 months and self ceni tication sends th"-' right message to the most vulnerable community members who have had their _jobs impacted by this pandemic. This a great step to ensure that this pandemic does not further break up historic renters. shrink the PUSD student population. or further increase ge11tril'icatio11.

I would like to highly encourage the council ensure that both renters and O\vners of housing and commercial property receive this new information in as many ways as possible. There are stories throughout California of intimidation by O\\nt'I'S which is reprehensible in these times.

Finally I \\/ant to encourage the Council to find ways to discuss in future meeting and champilln rent/mongage forgivene:;s. This city should not close the dDor on renter assistance toda) but

continue to find creative and long-term solutions lo aid the Pasadena Cornmunily.

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Martinez, Ruben


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City Web Monday, May 04, 2020 2:44 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 16/17

Juliana Serrano

Pasadena

CA

91101

May 4. 2020

16/17

I \vrite in support of items 16/17 which \voukl extend LA County·s tenant protection measures to

Pasadena tenants. Eady on. many ofus identified the challenges with requiring tenants provide documentation (or proof) of financial hardship to their landlords. The sdf ceni fication provision is a welcome change to our ordinance. I also appreciate the extension of rent repayment to 12

months. as opposed to 6 months. •.vhich is much more just considering the economic stress on tenants will e:xceed the immediate future. I also supplfft encouraging landlords to rcct:ive partial payments fi·o111 tenants. I urge you to please do more to communicate with the public about this

eviction moratorium - its legal protections for tenants and limitations to landlords. These communication measures should include_ but not be limited to: 1) the City's mailed ne\\·sletter: 2) council member emails to district constituents: 3) posts on KPAS: and 4) use of City social media accounts. In the weeks since the eviction moratorium was enacted. we have seen incidents ot- landlord threats and harassment to tenants unable to pay rent. and undue stress on tenants. This is unacceptable and we can work together to do better in this crisis. Thank you.


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Martinez, Ruben


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City Web Sunday, May 03, 2020 6:01 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item 16

James Shea

Duarte

CA

91010

\,Jay 4. 2020

16

Dear Council members. I am a publtc school teacher. M_y parents and I rent a few condominiums to suppc,rt our retirement and children·s college. We are alarmed at the proposed ··Evicti1.1n Morntoriu111··. This bill would create severe hardships for already struggling small. ··1110111 and pop·· housing providers like us. It \voulcl e:,.;tend the current repayment period fix past-due rent from si:,.; (6) months of the e:,.;piration of the local emergency to twelve ( 12) rnonths. It would also prohibit o,, nc1·s from imposing an;- nev, pass-throughs or charging inkrcst or late t_.ees ll.ir unpaid rent

during the moratorium period. It would also halt the already lengthy eviction process ror nuisance tenants. including tc:nants who ina) be conducting criminal activities at a properly 01· are disturbing the quiet enjoyment of a property for other residcnb. Vve. on the other hand. still have all our e:,.;pensr.:s: utilities. insurance (home. fir~. EQ). HO/\ dues. maintenance. ta:,.;es. mortgages. lfanti-housing measures continue. people like us will have to sell out. taking our units off the market. This REDUCES the affordable housing available. Please instead establish an emergency rental assistance fund to provide essential l!nancial support to all affected residents struggling during these uncertain and tmbulenl limes. Please vote NO on the Pasadena proposed Eviction Morntorium.

1 05/04/2020 Item 16 & 17

Martinez, Ruben


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.lolly Wu

ARCADIA

California

91006

May 4. 2020

17

Landlord also has his or her responsibilities and mortgage payments. maintenance cost. repairs

expenses. Not to mention about insurance and property taxes which none of them can be paid 6 months later. Not even a day late. We already barely can survive the 6 months late rent payments

without getting a private loan. Nmv. if city extended to 12 months. we might just file bankruptcy.

Hmv city \.viii benefit from most landlords tile bankrnptcy·? If Pasadena city extened to 12

months. landlords really could not keep up the buildings without the rent money for 12 months. The appearance of buildings in the Pasadena will be bad. I hope that city take consideration ol' the survival of landlords. For closer of buildings all over the city. it will not be good for the

Covid 19 economy recovery. Please think about the futhure of Pasadena.



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Martinez, Ruben


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Jaylynn Bailey

Pasadena

California

91106

May 4. 2020

17


My name is Jaylynn Bailey and I've lived in District 5 for 6 years. Thank you for considering these

stronger protections for tenants in AR 17. I truly appreciate it. I need it. as do many others. Please

consider keeping the language of the original eviction moratorium that you passed on Marcl1 17. 2020 \Vhich keeps landlords from using eviction or threats of eviction to seek the payment of rent that

accumulated during the pandemic. Until April. I had never missed a rent payment in 6 years. My landlord

is already flouting the emergency tenant protections. She's been harassing and threatening me with

eviction. Unless I make full payment of rent immediately. she will use my security deposit for back-due

rent and force me to vacate in 30 clays or face eviction as soon as the local emergency is lifted. Her

lawyer is also sending me threatening letters. If there is no \a\.v to protect me AFTER this emergency. she

will immediately begin eviction proceedings against me without giving me the chance to negotiate any

repayment plan with her .. Thank you for all you've done for Pasadena residents. Please don't leave us

without your suppo1t after the local emergency is lifted

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Martinez, Ruben


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City Web Monday, May 04, 2020 3:10 PM Public Comment; City_Council Public Comment for Meeting on May 4, 2020 about Agenda Item #16

Michelle White

Pasadena

California

91101

May 4. 2020

#[6

I applaud the !-lousing Department staff for its proposal to add protections for Pasackna tenants.

Affordable Housing Services (AHS) suggest an additional protection for landlords that can be

afforded. but at the expense of tenants. The overwhelming majority of especially low income

tenants have experienced income loss and are unable to pay rent - much back rent - at this time of

crisis ..

Al-IS supports allo\ving tenants to self-certit}' their inability to pay. We also support rent

forgiveness instead of a rent moratorium: low and very low income tenants (who we house) are

very unlikely to be able to repay their back rents .. Conversely, landlords - especially affordable

housing providers - are ill equipped to absorb the loss of rents. The State should cover landlord

losses and the federal government should reimburse California ..

Unless back rents are forgiven. Pasadena will experience a massive eviction and homelessness

crisis 12 months after the emergency ends .. Evictions of low and moderate income households of

color and persons with disabilities should NOT be the "remedy" by which back rent is collected.

Pasadena should use its good offices and lobbying resources to create State and tedernl resources

to keep our residents in place.


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THE PASADENA JOURNAL NEWS 1541 N. LAKE AVE., SUITE A PASADENA, CA 91104 ( 626)798-3972 This space is for Clerk's filing Stamp

PROOF OF PUBLICATION (2025.5 C.C.P.)

STATE OF CALIFORNIA County of Los Angeles

I am a citizen of the United States and a resident of the printer of the Pasadena Journal, a newspaper of general circulation printed and published weekly in the city of Pasadena, County of Los Angeles and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of April 16, 1991, Case Number CO 13336, that the notice of which is annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dated to-wit

May 21. 2070.

I certify and declare under penalty perjury that the Foregoin~ is true and correct.

Dated at tas ena California Ma 21 2020.

Signature

Amber Hudson

ORDINANCE NO. 7363

~ed by: Coun~~\mernber Madison

ORDINANCI'~ NO. 7363

AN UNCOD1FIED ORD1NA~~1': OF THE CITY OF PASADI<;N_A SUPERSEDING ORDIN;fH F; NO, 7359, A MORATORll,M ON EVICTIONS FOR NON-PAYME~T OF RENT BY TENANTS IMPACTED BYCOVID-19

NOW THEREFOllE, lhe People of lhe Ctty of Pasadollli ordaul as follow,, .

sECnON t. This ordirumee, due to ,ts ler@lh dcorresponding cost of pub)icat>on will be pubhshed

on litle and summalY os permitted by s.acnon 508 of : Pasadena City ct,arter. The appr<Wed swnrnarY of this ordinance is as follows:

"'SUMMARY

Qroinal1<:e No 7363, an uncodifiedotdinance, arno,,,;lsOrdinanOe No. 7359. the morawrilll11°11evi<11on for ru,n-pa)'ll\Onl of rent by residential and oomm=a! tenants~ bv the COVlD-19 pandemic.

Ordinance • No. 7363 shall take effect UJlCll

pubhcalim." . L-" ertify lhe SECTION l- The City Clorl< """:' c .

~ofthisordinonoe and sball cause mi• ordinance lo be~ bytitl< and suroroarl'

SECTION 3. This oofuumoe ,;hall take e&ct upon publieatioo. 20 Sjgnodandopprovedthis I81hdayofMay, 10 ·

TenyTomek. M•l"" of tlle City of Pasadena.

I HEREBY CERT!FYtha1thefo<egoi'11! orditumee W>S """4Xed by the City eou,.,u of the Qty of Pasadena al itsmcetil'4! held Ibis l8lh day of May, 2020, by the

following vote:

AYES:

NOES: ABSENT: ABSTAIN:

cwnoilmombets Kennedy, M•di>cfL. Masuda. Wilimt. Vice Mayor Hampton. Mayor Tomek N°'""' . Cwnoilm<llibet• Gordo, McAustm

N°'""' Mm Jomsky, CMG

CityClerls

Published'. May 21, 2020 Pasadona Joumal

PROOF OF PUBLICATION

AFFP ORDINANCE 7364

Proof of Publication (2015.5 C.C.P .)

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Pasadena Weekly, a newspaper of general circulation, printed and published weekly in the City of Pasadena, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of February 19, 1988, Case Number C 655 062; that the notice, of which the annexed is a printed copy (set in type no smaller than nonpareil), has published in each regular and entire issue of said newspaper and not been in any supplement thereof on the following dates, to wit:

May 21, 2020

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Dated at Pasadena, California

Ann Turrietta, Legal Clerk, Los Angeles County, California

00004996 00030749

Ruben Martinez City of Pasadena - City Clerk's Office 100 N. Garfield Avenue, Room S228 Pasadena , CA 91109


ORDINANCE NO. 7363

AN UNCODIFIED ORDINANCE OF THE CITY OF PASADENA SUPERSEDING ORDINANCE NO. 7359, A MORATORIUM ON EVICTIONS FOR NON-PAYMENT OF RENT BY TENANTS IMPACTED BY COVID-19


SECTION 1. This ordinance, due to its length and corresponding cost of publication will be published by title and summary as permitted by Section 508 of the Pasadena City Charter. The approved summary of this ordinance is as follows:

"SUMMARY

Ordinance No. 7363, an uncodified ordinance, amends Ordinance No. 7359, the moratorium on eviction for non-payment of rent by residential and commercial tenants impacted by the COVID-19 pandemic.


SECTION 2. The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance to be published by title and summary.


Signed and approved this 18th day of May, 2020.


I HEREBY CERTIFY that the foregoing ordinance was adopted by the City Council of the City of Pasadena at its meeting held this 18th day of May, 2020, by the following vote:

AYES: Councilmembers Kennedy, Madison, Masuda, Wilson, Vice Mayor Hampton. Mayor Tomek

NOES: None


ABSTAIN: None

Mark Jomsky, CMG City Clerk

Published: May 21, 2020 Pasadena Weekly

ORDINANCE NO. -------- RENT BY TENANTS IMPACTED BY COVID-19 · Emergency Services' declaration of...

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