Fail: 972 / 30.3% Yes votes ...... 2,240 / 69.7% No votes

See Also: Index of all Measures

In 1986, East Palo Alto voters approved a comprehensive set of regulations intended to stabilize rents in most residential rental units in the City. These regulations, enacted as Ordinance No. 76 and codified at Chapter 14.04 of the East Palo Alto Municipal Code, also specifies 10 conditions under which a landlord can evict a tenant from any residential rental property in East Palo Alto. Because these comprehensive rent stabilization and `good cause for eviction' regulations were approved by the voters, they can only be changed by the voters.

This measure would add an additional condition under which an eviction could occur: any reason set forth in the rental agreement between the landlord and tenant and applicable state law. The effect of this additional provision is to make it easier to evict tenants from rent-stabilized units and other residential rental units in the City.

This measure also establishes policies -- and potential penalties -- for the landlords' handling of a rental unit, if the rental unit becomes vacant as a result of an eviction under this new provision, although the proposed policy limiting rent increases may be constrained by state law.

/s/ Michael Sanderson Lawson August 28, 2006 City Attorney, East Palo Alto

Video of Yes and No Arguments

• Watch a 5 minute presentation from each side of Measure E - produced by Midpeninsula Community Media Center with the League of Women Voters of South San Mateo County (about 10 minutes)

1) Don't pay rent;

2) Destroy and damage their apartments;

3) Disturb and harass their neighbors;

4) Break the law, deal drugs and openly associate with gang members.

You don't have to imagine + that's East Palo Alto's current rent stabilization law. Measure E is a modest change to that law. It protects good tenants but allows landlords the ability to swiftly, yet legally, evict tenants who commit illegal acts or violate the terms of their rental agreement.

Yes on Measure E will help clean up East Palo Alto and rid our community of gang members and criminal behavior.

Yes on Measure E will allow the community to force landlords to clean up rental properties once bad tenants are evicted.

Yes on Measure E prevents bad tenants from hiding behind a complex legal system (as exists now) while they engage in activities that ruin our community and corrupt our youth.

Measure E requires that landlords follow strict procedures when evicting bad tenants. Reasons for eviction are clearly spelled out and include: not paying rent; willful damage to the apartment; and continued disorderly or illegal conduct that disturbs and harasses others. Currently, it can take 6 months to a year to remove a bad tenant today. Yes on Measure E will change that. All other provisions of the East Palo Alto rent stabilization ordinance remain intact.

Measure E prevents landlords from benefiting financially. Rents can not be raised for one whole year if a tenant is evicted under these provisions.

If you're a renter, Yes on Measure E helps rid your apartment building of bad tenants.

If you're a homeowner, Yes on Measure E is a tool to help the community rid ourselves of illegal and criminal activities.

Please vote Yes on Measure E.

/s/ Jo Ann Wright August 18, 2006 Business Owner

/s/ Tammy Saukitoga August 18, 2006 Renter

/s/ Geneva Whatley August 18, 2006 Renter

/s/ Alfred Blackwell Jr August 18, 2006 Businessman

/s/ Patsy Johnson August 19, 2006 Sr V.P.

Read the text of the initiative carefully. The pro-Measure E-viction claims are lies.

• Current East Palo Alto law DOES ALLOW landlords to evict tenants who don't pay their rent, harass neighbors, destroy property, or break the law. Measure E will make it even easier to evict ANY renter, not just the bad ones.

• Measure E does not change court procedures for evicting renters. It does eliminate the need to give a warning before giving an eviction notice. Renters will have no protection whatsoever.

• Under state law, Measure E CANNOT prevent landlords from increasing rents after an eviction. Landlords WILL have a financial incentive to evict ANY renter.

• Measure E is not aimed at curbing crime. It is aimed at filling the pocketbooks of corporate landlords.

A "yes" vote will gut East Palo Alto's longstanding JUST CAUSE ordinance and provide no protection against crime. Large property owners are exploiting our legitimate concerns about violent crime and drug dealers to scare us into making a tragic choice. Renters and homeowners will both be hurt by the decreasing affordability of housing this measure will cause. Our seniors, children, and grandchildren will be forced out of our beloved diverse community for the sake of profit like the residents (mostly seniors) of Creekside Trailer Park.

Join the City Council and other community leaders and vote NO on Measure E!

/s/ Barbara Mouton August 27, 2006 First Mayor of East Palo Alto

/s/ Sharifa Wilson August 27, 2006 Former Mayor and Council Member

/s/ Malcolm Hoover August 26, 2006 Instructor, O.I.C.W.

/s/ Sister T. Hernandez August 27, 2006 Member, Sisters of Charity

/s/ Marcelino Lopez August 26, 2006 Ravenswood City Elementary School District Trustee

Measure E manipulates our legitimate fear of crime as a smokescreen to hide the real purpose of the proponents: to increase profits for landlords. State law allows landlords, once tenants have vacated an apartment, to raise the rent regardless of local rent laws. The provision in this measure pretending to delay the rent increase for a year is meaningless. Absentee Landlords are using this measure to increase the attractiveness of their rental property to other corporate buyers.

Measure E is DECEPTIVE. It will not reduce drug related crimes in the community. Landlords can already use the existing ordinance to evict tenants who engage in criminal activity. This measure will only accelerate the loss of affordable rental units and the displacement of moderate income families from our city.

We are the only community in California with an effective law to protect the rights of both landlords and tenants, creating a process that assures their working together to share the burden of rising housing costs.

Tenant families and seniors on fixed income are being targeted for eviction by this deceptive and well funded measure.

Let's stand together for fairness and affordable rents by saying NO to Measure E.

/s/ Ruben Abrica Mayor

/s/ David Woods Councilmember

/s/ Donna Rutherford Councilmember

/s/ A. Peter Evans Vice Mayor

/s/ Patricia Foster Councilmember

"I've rented in East Palo Alto for x years. I've complained about tenants who sell drugs and scare children but landlords can't get rid of them due to East Palo Alto law. Help us clean up our neighborhoods by changing the law and vote YES on Measure E." Tenant name, East Palo Alto renter.

"Don't be fooled by the City Council's scare tactics. The only people who will be evicted are the gang members and drug dealers who hide behind the city's law. AND + Measure E mandates that landlords can't raise rents for a year once they evict someone. VOTE Yes on E for a better and safer East Palo Alto." Tenant name, East Palo Alto renter.

"Law enforcement continues to be frustrated when known gang members and drug dealers hide behind legal protections of the current law. Swift eviction procedures would help us rid our community of people who commit most of the crimes in town. Isn't it time we did something proactive? Yes on E." Officer name, East Palo Alto Police Officers' Association.

Renters, homeowners, seniors, small business people all support YES on E.

Join us!

/s/ John L. Wilson August 25, 2006 Renter

/s/ Marjorie Goodwill August 26, 2006 Home Owner

/s/ Elizabeth Robinson August 26, 2006 Home Owner

/s/ Martha Hanks August 26, 2006 Teacher

/s/ John Jordan August 26, 2006

Section 1. Title.

This Act shall be known and may be cited as the City of East Palo Alto Drug and Violence-Free Homes Act.

Section 2. Findings and Purpose.

The people of the City of East Palo Alto hereby make the following findings and declare their purpose in enacting the Act is as follows:

(a) The community and citizens of East Palo Alto would benefit greatly from a reduction in drug dealing, gang activity, violence, crime, and disruptive conduct that injures others.

(b) Landlords have often been unable to prevent drug dealing, gang-related and other violence, crime, and misconduct that causes injury to persons and property because of difficulties in evicting tenants responsible for these disruptive activities.

(c) The criminal and anti-social conduct of bad tenants has hampered police enforcement and resulted in a lower quality of life for law-abiding and peaceful tenants and homeowners.

(d) Allowing landlords to evict tenants in compliance with landlord-tenant lease agreements and California state law would give landlords greater flexibility in speedily removing bad tenants, would enhance police enforcement, and would allow the community to hold landlords to a higher standard of accountability for misconduct committed in rental units; and

(e) No landlord should be able to evict a tenant solely for economic gain in order to increase his or her rent in violation of the letter and spirit of rent stabilization and control;

(f) This Act will reduce drug dealing and criminal activity, enhance law enforcement, and give landlords the flexibility they need to prevent illegal activity while ensuring that they will not use evictions solely to achieve economic gain from higher rents.

Section 3. City of East Palo Alto Municipal Code.

Section 14.04.290 of the City of East Palo Alto Municipal Code is hereby amended as follows:

14.04.290 Grounds for Eviction.

A. No landlord shall be entitled to recover possession of a rental unit covered by the terms of this chapter unless such landlord shows the existence of one of the following eleven (11) grounds:

1. The tenant has failed to pay rent to which the landlord is legally entitled pursuant to the lease or rental agreement and under the provisions of state or local law, unless the tenant has withheld rent pursuant to applicable law, and such failure has continued after service on the tenant of a written notice setting forth the amount of rent then due and requiring it to be paid, within a period, specified in the notice, of not less than three days.

2. The tenant has continued, after written notice to cease, to substantially violate any of the material terms of the rental Compiled by the City of East Palo Alto agreement, except the obligation to surrender possession on proper notice as required by law, and provided that such terms are reasonable and legal and have been accepted in writing by the tenant or made part of the rental agreement; and provided further that, where such terms have been accepted by the tenant or made part of the rental agreement subsequent to the initial creation of the tenancy, the landlord shall have first notified the tenant in writing that he or she need not accept such terms or agree to their being made part of the rental agreement.

3. The tenant has wilfully caused or allowed substantial damage to the premises beyond normal wear and tear and has refused, after written notice, to pay the reasonable costs of repairing such damage and cease damaging such premises.

4. The tenant has refused to agree to a new rental agreement upon expiration of a prior rental agreement, but only where the new rental agreement contains provisions that are substantially identical to the prior rental agreement, and is not inconsistent with local, state and federal laws.

5. The tenant has continued, following written notice to cease, to be so disorderly as to destroy the peace and quiet of other tenants or occupants of the premises.

6. The tenant has, after written notice to cease, refused the landlord access to the unit as required by state or local law.

7. The landlord, after having obtained all necessary permits from the city of East Palo Alto seeks in good faith to undertake substantial repairs which are necessary to bring the property into compliance with applicable codes and laws affecting the health and safety of tenants of the building or where necessary under an outstanding notice of code violations affecting the health and safety of tenants of the building, and where such repairs cannot be completed while the tenant resides on the premises. Where the landlord recovers possession under subsections A7 and A8 of this section, the tenant must be given the right of first refusal to any comparable vacant rental units owned by the landlord or to reoccupy the unit upon completion of the required work. In the event landlord files an application for an individual rent adjustment within six months following the completion of the work, the tenant shall be party to such proceeding the same as if he or she were still in possession, unless the landlord shall submit, with such application, a written waiver by the tenant of his or her right to reoccupy the premises pursuant to this subsection.

8. The landlord, after having obtained all necessary permits from the city seeks in good faith to recover possession of the rental unit, in order to remove the rental unit from the market by demolition.

9. The landlord seeks in good faith to recover possession for his or her own use and/or occupancy as his or her principal residence, or for the use and occupancy as a principal residence by the landlord's spouse or by the landlord's child, sister or brother or parent, grandparents or grandchildren. For the purposes of this subsection the term "landlord" is defined as the owner of record.

10. The tenant fails to vacate a rental unit occupied under the terms of a temporary rental agreement entered into pursuant to the provisions of subsection A7 of this section, following expiration of the term of such temporary rental agreement, and following written notice of the availability of tenant's previous rental unit for reoccupancy by tenant (if the term of the rental agreement has expired by reason of the completion of repairs on the old rental unit), or of written notice to quit (if the term of the rental agreement has expired by reason of the expiration of a period of ninety (90) days).

11. Notwithstanding any other provision of the East Palo Alto Municipal Code, any landlord shall be entitled to recover possession of a rental unit on any basis permitted by the landlord's rental agreement with the tenant and applicable state law.

(a) No landlord recovering possession of a rental unit on this ground may charge, or make any application to the board to charge, any rent in excess of that being charged to any evicted tenant for 12 months following the date of eviction. After that time, rent may be increased only in accordance with this section and the regulations of the board.

(b) Before attempting recovery of possession from any tenant on this ground, the landlord shall file with the board, on a form the board shall prescribe, the following:

(1) an identification of the rental unit as to which the landlord seeks possession;

(2) the amount of rent charged on the unit at the time the landlord seeks possession;

and (3) a copy of the current rental agreement for that unit. The form shall require the landlord's signature under penalty of perjury verifying the correctness of the information and documents provided.

(c) After recovery of possession on this ground and re-rental of the unit, the landlord shall supply to the board, on a form the board shall prescribe, the following:

(1) the name of the new tenant;

(2) the rent charged the new tenant;

and (3) a copy of the new rental agreement.

(d) In addition to any other remedy provided by state law or this ordinance, any landlord who violates subsection 11(a)applicable to this ground shall be liable for both of the following:

1. To the tenant subjected to any overcharge of rent, for recovery of three (3) times the amount of the overcharge, recoverable in an administrative proceeding before the board or in a civil action in the Superior Court;

2. To the board, for a civil penalty of $200 per month for each rental unit illegally subjected to the overcharge, recoverable in a civil action in the Superior Court.

B. A landlord's failure to specify a ground for eviction listed above in subsections A1 through A11 of this section in the notice of termination or the notice to quit and in the complaint for possession shall be a defense to any action for possession of a rental unit covered by the terms of this chapter.

C. In any action to recover possession of a rental unit covered by the terms of this chapter, except an action to recover possession under subsections A7 and A8 of this section, a landlord shall allege, as to each rental unit on the property, substantial compliance as of the date of the notice of termination or notice to quit and as of the date of the commencement of the action for possession with the implied warranty of habitability and compliance with Section 14.04.240 (Establishment of base rent and posting) and Section 14.04.220 (Rent registration).

D. The landlord shall file with the board a copy of any notice of termination, notice to quit, and/or summons and complaints, within ten days after the tenant has been served with such notice or summons and complaints. (Prior code § 12-1.401)

Section 4. Amendment.

This Act may be amended only by the voters at a City election.

Section 5. Effective Date.

The provisions of this Act shall become effective upon the approval of the voters of the City of East Palo Alto pursuant to California Elections Code section 9217.

Section 6. Severability.

If any provisions of this Act or the application thereof to any persons or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Act, and to this end the provisions of this Act are severable.