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File Number: 15-582 intent of the Ordinance has always been for a mutual resolution of the rent dispute between the tenant and the landlord. The Ordinance clearly states that the City is not "a party to such an agreement nor shall the City or the Board assume any responsibility for enforcement" of any agreement because the Board is a negotiation assistance body that makes non-binding recommendations on cases. The City Manager is a more appropriate authority for additional review of cases because he or she has more flexibility to assist in the negotiation of unresolved cases. All of the above changes have been included in the attached Ordinance recommended for City Council adoption. Previous Actions • The City Council adopted the Rent Review Program Ordinance in 2001 into the Municipal Code and adopted the program into the Administrative Code in 2002. Amendments to the Ordinance were approved by the City Council in 2003, 2005 and April 6, 2015, the latter to change the landlord representative requirement to allow for two non-resident landlords. Staff presented an overview of the Rent Review Program to the City Council on April 20, 2015 including discussion of the recent rising rents and Board hearings. City Council directed staff to gather public and Board input and provide modifications to the Ordinance for future City Council review. Board/Commission Review and Actions At the August 25th, September 22nd, October 27th, and November 17th, 2015 Rent Review Board meetings, Housing staff presented the proposed Rent Review Ordinance amendments to the Rent Review Board for its comments and recommendations. The Board approved the following four recommendations. Note that Items 1-3 below were approved unanimously by the Board, but Item 4 had a split vote: 1) Revise the definition of "Base Rent" to include renter's insurance and implementation of the Ratio Utility Billing System (RUBS) and revised the "Required Notice" to include habitability as required by law. The implementation of the RUBS and revision to the "Required Notice" are incorporated as proposed amendments to the Rent Review Ordinance. However, the inclusion of renter's insurance as part of a rent increase is not being recommended by staff for numerous reasons. From a program administration standpoint, the calculation of a tenant's insurance policy is complex and would vary significantly from tenant to tenant. Additionally, the insurance is not paid to the landlord, required by most landlords nor under the landlord's control. It is also a probable scenario that a renter's insurance requirement would trigger a Rent Review Board hearing, , yet the Rent Review Ordinance will be unable to affect the renter's City of San Leandro Page 6 Printed on 1211/2015