Pasadena Rental Housing Board to Vote on Amending Fair and Equitable Housing Charter

The Pasadena Rental Housing Board is set to vote on a resolution at its Wednesday meeting that would establish procedures for reviewing and recommending amendments to the city’s Fair and Equitable Housing Charter, also known as Article XVIII, according to the Board’s agenda.

The charter amendment, which imposes rent control and just cause eviction protections on most residential rental units in Pasadena, was approved by voters in November 2022 and took effect on December 22, 2022, after the City Council certified the election results.

The amendment aims to promote neighborhood stability and affordable housing and protect renters from excessive rent increases and arbitrary evictions.

In March 2023, a Los Angeles Superior Court judge upheld most of the amendment in a lawsuit filed by the California Apartment Association but found that some notice provisions, including the 180-day notice requirement in Section 1806(a)(10), were preempted by state law and invalidated them. This court decision necessitated technical amendments to the charter to address the invalidated provisions and ensure conformity with state law.

Since its appointment in April 2023, the Rental Housing Board has been diligently working to implement the charter amendment by promulgating regulations, providing pieces of training and resources for landlords and tenants, and establishing the Rent Stabilization Department to support its work. Through this implementation process, the Board and department have identified areas of the amendment that could benefit from further clarification or minor revisions to facilitate effective enforcement and alignment with the amendment’s purpose.

With the City Council currently developing a measure to amend other parts of the City Charter for the November 2024 ballot, the Rental Housing Board has decided to consider recommending minor changes to the housing charter amendment to be included in that measure. This decision aims to streamline the amendment process and ensure that the proposed changes are presented to voters in a consolidated manner.

The Board’s stated goal in considering these amendments is not to make sweeping changes but rather to “further the existing purpose of the Charter Amendment itself.” As outlined in Section 1801, this purpose is to “promote neighborhood and community stability, healthy housing, and affordability for renters in Pasadena by regulating excessive rent increases and arbitrary evictions to the maximum extent permitted under California law, while ensuring Landlords a fair return on their investment and guaranteeing fair protections for renters, homeowners, and businesses.”

The resolution up for a vote on Wednesday would establish criteria for the Board’s Policy & Programs Ad Hoc Committee to use in reviewing suggested amendments. These criteria include whether the amendment seeks to replace invalidated language, clarify ambiguities, align with existing city practices, or reduce administrative burdens, costs, or legal liabilities for the Board and department.

The Board will also consider potential negative impacts of suggested amendments, such as making the charter amendment more difficult to enforce, undermining key provisions, hindering the Board’s ability to regulate rent increases and evictions effectively, or increasing burdens on the Board and department.

Under the proposed procedures, the Board will collect suggested amendments from the public and Board members through April 12, 2024. The ad hoc committee will then review the suggestions and compile a report with its recommendations, including proposed ballot language for each recommended amendment, by April 23. The full Board will review the report, receive public comment, and provide feedback at its May 8 meeting, then vote on final recommendations on May 22.

The Board’s recommendations will be presented to the City Council on June 3, alongside recommendations from the council’s own Charter Amendment Task Force. The council is expected to vote on whether to include the suggested changes in the November 2024 ballot measure on June 17.

The resolution states that adopting these procedures is not expected to have a fiscal impact on the Rental Housing Board or Rent Stabilization Department budget, as the review and recommendation process will be carried out within the existing resources and staffing of the Board and department.

The Rental Housing Board will be meeting at 6:00 p.m. on Wednesday, April 10th at the Robinson Park Recreation Center in the multi-purpose room. The building is located at 1081 North Fair Oaks Avenue in Pasadena.