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File Number: 23-048 <br />3.Do not violate Due Process because they do not deny landlords a hearing, but instead allow <br />tenants to raise a defense in an eviction proceeding; and <br />4.Do not conflict with state eviction laws because cities can enact restrictions that are more <br />protective than state law and the moratoria include Ellis Act eviction exceptions. <br />Pursuant to this November 2022 Northern District Court decision that would apply to any <br />ordinance passed by the Council, the proposed regular, uncodified, and temporary ordinance <br />hues precisely to the Court’s decision and dicta as to how the Ordinance comports with the law. <br />For example, there are good arguments that the ordinance does not constitute a taking under the <br />Fifth Amendment or an inverse condemnation under State law because it is temporary in nature <br />(it automatically expires on February 28, 2024), it does not relieve tenants of their contractual <br />obligation to pay back rent, eviction restrictions are limited to non-payment of rent, the <br />ordinance’s protections apply to tenants only, and it includes exceptions allowing a landlord to <br />leave the rental business (i.e. exercising an Ellis Act eviction). <br />It does not violate the U.S. Constitution’s Contracts Clause because the elimination of the eviction <br />remedy does not extinguish landlords’ contractual rights such that tenants may be evicted for <br />breach of contract. It does not violate due process and equal protection under the Fourteenth <br />Amendment because landlords are not denied a hearing or prevented from litigation; the <br />ordinance allows tenants to raise a defense in an eviction proceeding. <br />ATTACHMENT <br />Attachment A: Ordinance of the City of San Leandro City Council to Extend the City’s Residential <br />Eviction Moratorium to February 28, 2024 <br />Attachment B - Sample City Landlord Notification Form for Tenant Non-Payment <br />Attachment C - Threat to Displacement Analysis 2016-2019 <br />Attachment D - Powerpoint <br />PREPARED BY: Tom Liao, Director, Community Development Department <br />Page 6 City of San Leandro Printed on 2/10/2023