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Home My WebLink AboutORD 031 1984 0919ORDINANCE NO. 31 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, IMPOSING A MORATORIUM ON RENT INCREASES FOR DWELLING UNITS WITHIN APARTMENT BUILDINGS CONTAINING FIVE OR MORE UNITS, AND DECLARING THE URGENCY THEREOF. HE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Definitions For the purposes of this ordinance, the following words, terms and phases shall be construed as defined in this section. (a) "Apartment" shall mean a building under a single ownership consisting of five (5) or more dwelling units. (b) "Dwelling unit ", as defined in Article 47 of the Moorpark Zoning Ordinance, shall mean within an apartment. (c) "Owner" shall mean the owner or operator of the apartment or an agent or representative authorized to act on said owner's or operator's behalf in connection with the main- tenance or operation of such apartment. (d) "Rent" shall mean the consideration paid for the use or occupancy of a dwelling unit. (e) "Tenancy" shall mean the right of a tenant to use or occupy a dwelling unit. (f) "Tenant" shall mean a person who has a tenancy in an apartment. SECTION 2. Rent Increase Moratorium Beginning on the effective date of this ordinance, an owner shall not demand, accept, or retain rent for a dwelling unit exceeding the rent in effect for said unit on September 19, 1984. If a previously rented dwelling unit was not rented on September 19, 1984, the owner shall not demand, accept, or retain rent for said unit exceeding the rent in effect during the last nonth the unit was rented prior to September 19, 1984. If a dwelling unit is rented for the first time after September 19, 1984, the owner shall not demand, accept, or retain rent for said unit exceeding the rent first charged for the unit. -1- SECTION 3. Refusal of Tenant to Pay Illeqal Rent. (a) A tenant may refuse to pay any rent in excess of the maximum rent permitted by this ordinance. The fact that such unpaid rent is in excess of the permitted maximum rent shall be a defense in any action brought to recover possession of a dwelling unit or to collect the illegal rent. (b) No tenant shall be evicted or have tenancy terminated as a result of said tenant's refusal to pay any rent in excess of the maximum rent permitted by this ordinance. (c) No owner shall terminate any tenancy in existence on September 19, 1984, except on the ground that the tenant has violated the tenancy in existence as of that date. Any action by an owner to terminate such tenancy for any reason other than failure to pay rent in an amount permitted by this ordinance shall be presumed to be retaliatory. SECTION 4. Remedies. (a) Any person who demands, accepts or retains any payment of rent in violation of this ordinance shall be liable in a civil action to the person from whom such payment is demanded, accepted or retained for damages in the sum of three times the amount by which the payment or payments demanded, accepted, or retained exceed the maximum rent which could be lawfully demanded, accepted, or retained,together with reasonable attorney's fees and costs as determined by the court. (b) Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this ordinance shall be punishable by a fine of not more than FIVE HUNDRED DOLLARS ($500.00) or by imprisonment for a period of time not exceeding six months, or by both. Each violation of any provision of this ordinance, and each day during which any such violation is committed or con- tinued shall constitute a separate offense. SECTION 5. Expiration of Moratorium This ordinance shall expire and terminate one hundred twenty (120) days after the date of adoption hereof. SECTION 6. There exists in the City of Moorpark and the surrounding area a shortage of dwelling units in apartments which has resulted in a low vacancy rate and rapidly rising rents. Due to the foregoing, the City is reviewing and considering a pro- posed ordinance which would regulate the rents charged for dwelling units in apartments. In the meantime, if a temporary moratorium on rent increases is not immediately imposed, substantial rent increases are likely to occur. Such increases would defeat the -2- intent and purpose of the proposed ordinance and substantially impair its effective implementation. This ordinance affects the public peace, health and safety and shall take effect immediately. PASSED, APPROVED AND ADOPTED this 19th day of September, 1984, by not less than a four - fifths (4/5) vote of the City Council ATTEST: City Clerk -3- tom► v STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS: CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, California, do hereby certify that the foregoing Ordinance No. 31 was regularly introduced and placed upon its first reading at a regular meeting of the City Council held on the 19th_ day of September , 1984; that thereafter said Ordinance was duly adopted and passed at said --- - - - - -- regular meeting of the City Council on the 19th day of September , 19 84 , by the following vote, to wit: AYES: Councilmembers Harper, Straughan, Beaulieu, Prieto and Mayor Yancy- Sutton; NOES: None; ABSENT: None. witness my hand and the official seal of said City this 19th day of September , 19 84 (SEAL)