2017-04-26 VHC Agenda Packet (Special)California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the Vernon Housing Commission in open session are
available for public inspection. They may be inspected during regular business hours in the Office of the City
Clerk at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California 90058, no prior appointment necessary, and on the City’s website at www.cityofvernon.org.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811. Notification of at least
24 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Agenda
Special Meeting of the Vernon Housing Commission
Wednesday, April 26, 2017, 6:00 p.m.
Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Melissa Ybarra, Chairperson
Kyle Cooper, Vice Chairperson
Hector Garcia, Commissioner John Kriste, Commissioner Steven Froberg, Commissioner Steven Florman, Commissioner
Frank Gavina, Commissioner
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the Vernon Housing Commission on
any matter that is within the subject matter jurisdiction of the Commission. The public will also be given a
chance to comment on matters which are on the posted agenda during Commission deliberation on those
specific matters.
NEW BUSINESS
1. Summary of Annual Maintenance Inspection Results for City of Vernon-Owned Housing Units
Recommendation:
A. Receive and file a summary report of the 2017 Annual Maintenance Inspection Results for City-owned housing units.
/ / /
Special Vernon Housing Commission Meeting Agenda
April 26, 2017
Page 2 of 3
2. Establish a Priority List and Procedures for Tenants under Disability Priority for City-owned
Property Designed in Compliance with Americans with Disability Act (“ADA”) Specifications
Recommendation: A. Find that the actions recommended in this staff report do not constitute a “project” pursuant to
Section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”),
because such recommendations constitute an administrative activity; and even if the adoption of
the proposed items did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect
on the environment; and
B. Approve the establishment of a Priority List for prospective tenants with a qualifying disability;
and
C. Authorize staff to proceed with offering prospective disabled tenants from the Priority List the
opportunity to reside in the accessible City-owned housing unit located at 4323 Furlong Place, a
property designed to be fully compliant with Americans with Disabilities Act (“ADA”) code
specifications; and
D. Adopt the Vernon Housing Commission Procedures for Tenants under Disability Priority which
proposes to establish and implement a priority on the City housing waiting list for individuals who
have a qualifying disability.
3. Recommendations from the Vernon Housing Commission Sub-Committee to Proceed with a Regular Remodel Design for the Remaining Non-Remodeled Housing Units Located on Furlong
Place; and to Consider Potential Location of Next Americans with Disability Act (“ADA”)
Compliant Remodel
Recommendation:
A. Find that the approval of the proposed action is exempt from California Environmental Quality
Act (“CEQA”) review, pursuant to CEQA Guidelines sections 15301 (i.e., maintenance, repair or
minor alteration of an existing structure, involving negligible or no expansion of existing use) and 15302 (i.e., replacement or reconstruction of existing structures and facilities where new
structure will be located on the same site as the structure replaced and will have substantially the
same purpose and capacity as the structure replaced); and
B. Approve the recommendation from the Vernon Housing Commission Sub-Committee to proceed with a regular remodel design for the remaining non-remodeled housing units located on Furlong
Place without requiring that the renovations be fully compliant with the Americans with Disability
Act (“ADA”) standards; and
C. Approve the recommendation from the Vernon Housing Commission Sub-Committee to designate Fruitland Avenue as the next location for an ADA compliant unit for the City, if the Vernon
Housing Commission should determine at a future date to proceed with another ADA remodel.
Special Vernon Housing Commission Meeting Agenda
April 26, 2017
Page 3 of 3
DISCUSSION AND POSSIBLE DIRECTIVES TO STAFF
4. Discussion and Possible Direction to Staff Regarding Procedures to Collect Damages from Tenants
Recommendation: A. Find that consideration of the staff update regarding Lessee fiscal responsibility for damages
caused by a Lessee and discovered during inspections is exempt from California Environmental
Quality Act (“CEQA”) review, because the activity, which is purely administrative in nature, does not constitute a “project” as that term is defined under CEQA Guidelines Section 15378, and even
if it were a project, it would be categorically exempt from CEQA review in accordance with CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have
a significant effect on the environment; and
B. Receive and file this staff update regarding Lessee fiscal responsibility for damages caused by a
Lessee discovered during routine City inspections; and
C. Provide staff with direction on the Vernon Housing Commission’s preferred method to recover
costs related to tenant caused damages for all City-owned housing.
ORAL REPORTS, PRESENTATIONS & COMMENTS FROM STAFF AND COMMISSION
MEMBERS
5. Brief reports, announcements, or directives to staff from the Commissioners and Commission Officers.
6. Upcoming Meetings:
A. Next regular meeting: June 14, 2017 at 6:00 p.m.
SECOND PUBLIC COMMENT - The public is encouraged to address the Vernon Housing Commission on
any matter that is within the subject matter jurisdiction of the Commission.
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue,
Vernon, California, and on the City’s website, not less than 24 hours prior to the meeting set forth on this agenda.
Dated this 19th day of April, 2017.
By: ________________________________
Maria E. Ayala, CMC
Secretary
RECEIVED
APR 19 20li
CITY CLERKS OITICE
REEEIVED
APR , S 2Or
CITY ADMIruETRATIOI{
d ct-to-t'lSTAFF REPORT
PUBLIC WORKS DEPARTMENT
DATE:
TO:
FROM:
RE:
April26,2017
Honorable Members of the Vernon Housing Commission
Samuel Kevin Wilson, lnterim Director of Pub lic Worls 4
Origrnator: Anthony Zarate, Administrative Secretarykb
Summary of Annual Maintenance Inspection Results for City of Vernon0rvned
Housing Unis
Recommendations
A. Receive and file a summary report of the 2017 Annual Maintenance Inspection Results for
City-owned housing units.
Background
In February of 2017, City staff scheduled the arurual inspection of all 26 City-owned housing and City-
owned apartnrent units and prepared a comprehensive list of items that needed repair or replacement.
At the conclusion of the irspections, a total of thirteen single family housing rurits and all eight
apartnent units were found to be in generally good condition, needing only minor repairs and
maintenance. Conversely, two City-owned howing units were found to have sustained significant
damage to their interior structure and appliances. All housing units now have an automatic landscape
irrigation system, which is not only beneficial for lawn care, but also mitigates the ongoing Exide
cleanup process.
Three City-owned housing unis were not available for assessment. One tenant refirsed to grant access
to staff during the scheduled inspection and two tenants were not available to provide entry into their
respective units. Staff attempted to reschedule different inspection dates with ttre three tenans but their
attempts were unsuccessful.
ln order to address the needed repairs and replacements in a timely and efficient fashion, the City
performed most of the maintenance work in-house. Staff is pleased to report that close to 80% of the
maintenance work has been completed since the inspections took place. However, extensive work such
as cabinet replacement, new floors, and counter top repair are still pending. Un]ess directed otherwise
by the Housing Commission, staff does not intend to replace any firnctioning cabinets and drawers for
the City's housing stock.
Those tenants living in units that are in need of extensive interior work have expressed concens
involving the inconvenience that may be caused by the various levels of demolition required to remove
the exising apputenances. Staff was able to speak directly to a vast majority of tenants who had a
favorable response to the required work. Auached hereto is a summary list ofall maintenance repairs
identified during the individual rurit inspections, including items that are still pending'
Fiscsl Imoact
There is no fiscal impact associared with receiving the attached summary of the 20 I 7 Annual
Maintenance Inspection Results.
Attachments
1. Status on Contracled Work - Unit Maintenance lmprovements
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RECEIVED
APR 19 2017
CITY CLERKS OFFICE
REEETVEE
APR I E 2OI7
CITY ADMINISTRATIOI\
STAFF REPORT @ r-tt-t')
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
Aprtl26,2017
Honorable Memben of the Vernon Housing Commission
Carlos R Fandino Jr., City Administrator/ Commission Director
Originator: Anthon-v Zarate, Administrativ'e Secretar.v p7''"AO
Establish a Priority List and Procedures for Tenants under Disability Priority for
City-owned Property Designed in Compliance with Americans with Disability Act
("ADA") Specffications
Recommendations
A. Find that the actions recommended in this staff report do not constitute a "project" pursuant
to Section 15378(bX2) of the Guidelines to the Califomia Environmental Quality Act
C'CEQA'), because such recommendations constitute an administrative activity; and even
if the adoption of the proposed items did constitute a project, it would be exempt from
CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
B. Approve the establishment of a Priority List for prospective tenants with a qualifring
disability; and
C. Authorize staff to proceed with offering prospective disabled tenants from the Priority List
the opportunity to reside in the accessible City-owned housing unit located at 4323 Furlong
Place, a property designed to be fully compliant with Americans with Disabilities Act
C'ADA) code specifications; and
D. Adopt the Vemon Housing Commission Procedures for Tenants under Disability Priority
which proposes to establish and implement a priority on the City housing waiting list for
individuals who have a qualiffing disability.
Backeround
At the Special Vemon Housing Commission ('VHC') meeting on February 22,2017, the VHC
established a rental rate for the reccntly remodeled, frrlly ADA accessible housing unit located at 4323
Furlong Place. At the time, the VHC diected staffto offer existing tenants with disabilities priority to
relocate to the remodeled unit if they so desired. Staffwas firther insructed to establish a procedurc to
make the remodeled unit at 4323 Furlong available exclusively to applicants with a qualifiing disability
only if the existing tenants did not express a desire to relocate.
In following directives from the VHC, staff proceeded with offering the remodeled unit to its two
existing tenants with disabilities. One tenant had no interest in relocating. The second tenant requested
to inspect the unit prior to accepting or rejecting the City's offer. Staffscheduled an inspection with the
interested tenant and, after thorough consideration, the subject tenant decided not to relocate. Since
neither of the existing disabled tenants were interested in the remodeled unit, satr proceeded with
drafting the attached Procedures for Tenants under Disability Priority for consideration. Staff is now
seeking approval from the VHC to proceed with offering prospective tenants wift qualiling disabilities
the option to move into the frrlly ADA compliant housing rurit on Furlong Place. Any selection of a
prospective tenant for the subject unit would occur in accordance with the attached procedures which
have been reviewed and approved by Special Counsel to the VHC.
For the purpose of this staff report and the proposed procedures, "disability" sha.ll mean any individual
who has an actual permanent physical disability atrecting mobility and/or requiring access
accommodation(s), as defined by the ADA. The proposed procedures will govem the subject housing
stock that either has been, or will be, desigrred to comply with ADA regulations and related laws as it
relates to limited./restricted physical mobility and physical access. Before any prospective lessee is given
a disability priority stahs on the City's horsing waiting list, the City will verifr that the prospective
lessee has a disability, as defined herein. Any prospective lessee desiring to benefit from a disability
priority shall promptly provide the City with all information rcasonably requested by the City to veriff
her or his status. The Expression of Interest Form shall be modified to include an area in which an
individual may indicate whether she or he has a disability. If after the establishment of the waiting list,
there are no individuals who have a qualiffing disability, then the ADA-compliant housing unit may be
leased to whomever is next on the waiting list who is otherwise eligible to lease the housing rurit.
Fiscal Imoact
There is no fiscal impact associated with the approval ofa Priority List for prospective tenants with a
qualiffing disability and/or the adoption ofthe related Procedures for Tenants turder Disability Priority.
Attachments
l. Vernon Housing Commission Procedures for Tenants under Disability Priority
Vemon Housing Commission
Procedures for Tenants under Disability Priority
Proposed Apil26,2017
Pursuant to ordinance I 183, as amended, and the vemon Rental Housing Policy
C.VRHP), the Vemon Housing Commission C'VHC) hereby adopts the following procedures
to establiih and to implement ipriority on the City housing waiting list for individuals who have
a Disability, as defined herein.
Recitals
A. The VHC is committed to managing its housing stock according to "best
practices" for private, residential housing. The VRHP requires that all procedures be "neutral,
fair and reasonable."
B. Under the existing policies and procedures goveming the subject housing
stock, certain ofthe subject housing stock either has been or will be designed to comply with the
Americans with Disabilities Act ("ADA") and related laws as il relates to limited/restricted
physical mobility and physical access.
C. To maximize the value and benefit ofthe housing stock designed to
comply with the ADA, the vHC desires to adopt procedures providing for a priority for
individuals with qualiffing disabilities, as defined herein, to occupy the ADA-compliant
housing.
D. The VHC recognizes that there must be a balance between the public
policy which supports a disability priority status for ADA-compliant housing and the VHC's
tommitment to and obligation to all other lessees and prospective lessees. The VHC expressly
finds that with respect to ADA-compliant housing as it relates to limited/restricted physical
mobility, creating a priority for disabled individuals, as defined herein, is in and furthers the
public interest.
Procedures
I . "Disability" Defined. "Disability" for purposes of this procedure shall
mean any individual who has an actual perrnanent physical disability affecting mobility and/or
requiring access acconunodation, as understood under and/or defined by the ADA. For guidance
in interpreting a quali$ing disability, reference is made to the following provisions of the ADA:
42 U.S.C. $ 12102(lXA) (regarding physical disability); 42 U.S.C. $ 12102(2XA) (defining
"walking" as a "major life activity"); 42 U.S.C. $ 12102(4) (regarding rules of construction).
1
a. Initial Certification. Before any prospective lessee is given a
Disability priority status on the City's housing waiting list, the City must verify that the
prospective lessee has a Disability, as defined herein. At least the following steps shall
be undertaken to verify the status ofa prospective lessee:
i. Any proipective lessee desiring to benefit from a Disability
priority shall promptly provide the city with all information reasonably requested
by the City to verify his/her status'
ii. Thereafter, the City shall use all reasonable efforts to veri!
such status accurately and promptly. If the city is unable to verify the starus to
the city's reasonable sarisfaction, the city shall notifr the prospective lessee in_
writing of this fact, and if appropriate, request additional information to assist the
City in veriffing the status.iii. If additional information is requested, the prospective
lessee shall provide it promptly and the city shall evaluate it. This interactive
process shali continue until either the City can verifr the disability status, the
prospective lessee fails to provide additional information, or the city concludes
that the prospective lessee does not qualifu for disability status.
iv. At the end ofthis process, the City shall notifr the
prospective lessee in writing of its conclusion.
v. The ultimate burden ofproducing suffrcient documentation
and information to support a finding of Disability status shall remain with the
prospective lessee.vi. Any communication required to be in writing may be
communicated via email to the last known email address of the prospective lessee.
b. Annual Re-Certification: Because ofthe public policy behind
providing a Disability priority in obtaining ADA-compliant City-owned housing, if a
turrent lessee was given a Disabiliry priority at any time and benefited from that priority
in obtaining his/her current housing unit, either directly (initial move-in into the unit) or
indirectly (housing transfer), the lessee must certifi on an armual basis that the lessee
remains entitled to a priority. At least the following steps shall be undertaken to veriry
the status of the lessee:i. At the time of lease renewal, if the lessee has a 12-month
lease, or at least annually, the lessee shall provide the City with all information
reasonably requested by the Ciry to verify his/her continued Disability status.
ii. Thereafter, the City shall use all reasonable efforts to verify
such status accurately and promptly. If the City is unable to verify the status to
the City's reasonable satisfaction, the City shall notiff the lessee in writing of this
fact, and if appropriate, request additional information to assist the City in
verifying the status.iii. Ifadditional information is requested, the lessee shall
provide it promptly and the City shall evaluate it. This interactive process shall
continue until either the City can veriff the Disability status, the lessee fails to
provide additional information, or the City concludes that the lessee does not
quali$ for a Disability priority.iv. At the end ofthis process, the City shall notiff the lessee in
writing as to its conclusion.
v. The ultimate burden ofproducing suffrcient documentation
and information to support a finding of Disability status shall remain with the
lessee.vi. Any communication required to be in writing may be
communicated via email to the last known email address of the lessee'
3. A Disabled Lessee's Use of the Housins Unit.
a. lf alessee obtains a housing unit via a Disability priority, it is the
exp€ctation that the lessee will, in fact, reside in the housing unit and designate the
housing unit as his or her primary residence. It shall not be permissible for a lessee to
obtain a housing unit via i Disability priority and then not use the housing unit personally
(only authorized occupants actually residing in the housing unit). If a question arises as
to wiether a lessee is meeting this requirement, the City shall give written notice to the
lessee, who then shall provide reasonable documentation and information to the City to
demonstrate complianie with this requirement. If a lessee fails to demonstrate that he/she
is complying with this requirement, the city may terminate the lessee's lease, and the
lessee and ail authorized oc"upants will be required to vacate the subject housing unit.
b. Ifa lessie who uses a Disability priority vacates a housing unit for
any reason (other than death), the lessee's lease shall terminate effective on the last day
ofihe month in which the lessee vacates the housing unit. All authorized occupants shall
vacate the housing unit by no later than the end of month in which the lessee vacates the
housing unit.c. Ifa lessee who benefits from a Disability priority dies, any
authorized occupants may remain in the housing unit until the end ofthe then current
term of the subject lease, or for up to l2 months following the death ofthe lessee,
whichever is longer. Thereafter, all authorized occupants must vacate the housing unit.
d. Subject to Section 3(c) above, upon receipt ofnotice ofthe death
of a lessee who benefitted from a Disability priority by the City, the remaining authorized
occupants shall be automatically placed on the unit-to-unit transfer list and shall be
eligible for a unit+o-unit transfer so long as at least one ofthe remaining authorized
o.iup-t, qualifies as a named lessee on a lease, including sufficient creditworthiness.
Any iransfei fee that would otherwise apply to a unit-to-unit transfer shall be waived for
the authorized occupants. The rights under this Section 3(d) shall expire if the deadline
to vacate the housing unit established in Section 3(c) above occurs prior to an actual unit-
to-unit transfer.
4. Chanee in Disability Status. If, during the term of a lease, a lessee ceases
to have a Disability, as defined herein, the lessee may remain in the housing unit until the end of
the lease term, if they have a lease for a fixed period, or for up to six months following the loss
of Disability status, whichever is longer. The lessee shall notify the City promptly following the
loss of Disability status. The lessee will not be entitled to renew his/her lease for an additional
period beyond that allowed herein. At the end of this grace period, the lessee and all authorized
occupants must vacate the housing unit.
5.TheExpressionoflnterestFormshallbemodifiedtoincludeanareain
which an individual may indiiate whether the individual has a Disability, as defined herein.
6.TheprioritycreatedhereinshallapplyonlytohousingunitsthataleADA.
compliant at least with respict to limited/restricted physical mobility and so designated by the
City. No priority created herein shall apply to any other housing unit'
7. lf ,at the time an ADA-compliant housing unit is available for lease, there
are no individuals on the applicable waiting list who have a qualifring Disability' then the ADA-
compliant housing unit may- be leased to whomever is next on the waiting list who is otherwise
eligible to lease the housing unit.
RECEIVED
APR l9 2gp
llrvAilrlliNisT FF REPORT @ L1-9-t't
PUBLIC WORKS DEPARTMENT
RECEIVED
APR 19 20ri
CIIY CIERK'S OFFICE
DATE:
TO:
FROM:
RE:
Apm26,2017
Honorable Members of the Vernon Housing Commission
Samuel Kevin wilson, lnterim Director of Public works Slk'}l [z
Originator: Felix Velasco, Assistant Engine". FV-
Recommendations from the Vernon Housing Commission Sub-Committee to
Proceed with a Regular Remodel Design for the Remaining Non-Remodeled
Housing Units Located on Furlong Place; and to Consider Potential Location
of Next Americans with Disability Act (ADA) Compliant Remodel
Recommendation
A. Find that the approval of the proposed action is exempt from Califomia Environmental
Quality Act C'CEQA') review, pursuant to CEQA Guidelines sections 15301 (i.e.,
maintenance, repair or minor alteration ofan existing structure, involving negligible or no
expansion of existing use) and 15302 (i.e.. replacement or reconstruction of existing
structures and facilities where new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and capacity as the
structure replaced); and
B. Approve the recommendation from the Vemon Housing Commission Sub-Committee to
proceed with a regular remodel design for the remaining non-remodeled housing units
located on Furlong Place without requiring that the renovations be fully compliant with
the Americans with Disability Act (ADA) standards.; and
C. Approve the recommendation from the Vemon Housing Commission Sub-Committee to
designate Fruitland Avenue as the next location for an ADA compliant unit for the City,
if the Vemon Housing Commission should determine at a futwe date to proceed with
another ADA remodel.
Background
At the February 22, 2017 Vemon Housing Commission C'VHC") meeting, the VHC members
expressed an interest in making the newly remodeled ADA compliant unit located at 4323
Furlong Place available exclusively to existing tenants with disabilities. As directed, City staff
contacted the two disabled tenants on record and offered each tenant an oppomrnity to relocate to
the 4323 Furlong unit at the established rent of $ l,0l I per month. Subsequently, the tenants were
invited to tour the newly remodeled unit. Ultimately, neither of the tenants expressed an interest
to relocate. The subject tenants seemed uninterested in the floorplan due to the lack of cabinet
space throughout the house. The cabinet space is, in fact, limited in the re-design as much was
altered to avoid conflicts with ADA public housing design standards.
The VHC Sub-Committee met on April 10,201'l where staff shared the results of the interaction
with the disabled tenants who were approached to relocate to the 4323 Furlong unit. Since the
ADA compliant unit did not generate interest from either disabled tenant, the Sub-Committee is
recommending that any remaining non-remodeled units on Furlong Place be remodeled pusuant
to regular Building Code standards.
In an effort to diversify the City's housing stock, and if the VHC still desires to increase the
number of units that are ADA compliant, the Housing Commission Sub-Committee recommends
that the next ADA compliant remodel be a three bedroom unit located on Fruitland Avenue.
This qpe of remodel would result in the City increasing its ADA unit inventory to include a two
bedroom unit on Furlong Place, and a three bedroom unit on Fruitland Avenue.
Fiscal Imoact
There is no fiscal impact associated with the VHC's determination of which unit remodel will be
designated as ADA compliant and/or non-ADA compliant. However, by proceeding with a non-
ADA compliant remodel design, expenses for renovations will be relatively less costly to the
City.
Attachments
None
Page 2 of 2
REGEIVED
APR 19 20t7
CITY CLERI('S OFFICE
REEE;VED
APR ,8 20t7
CITY ADMI[IISTRATION
\-'r--l1STAFF REPORT
PUBLIC WORKS DEPARTMENT
DATE:
TO:
FROM:
RE:
April26,2017
Honorable Members of the Vernon Housing Commission
Samuel Kevin Wilson, Inteiim Director of Public W orl<s 2</
Originator: Anthony Zarate. Administretive SecretervL("\/
Discussion and Possible Direction to Staff Regarding Procedures to Collect
Damages from Tenants
Recommendation
A. Find that consideration of the staff update regarding Lessee fiscal responsibility for
damages caused by a Lessee and discovered during inspections is exempt from Califomia
Environmental Quality Act ("CEQA') review, because the activity, which is purely
administrative in nature, does not constitute a "project" as that term is defined under CEQA
Guidelines Section 15378, and even if it were a project. it would be categorically exempt
from CEQA review in accordance with CEQA Guidelines Section 15061(b)(3), the general
rule that CEQA only applies to projects that may have a significant effect on the
environment; and
B. Receive and file this staff update regarding Lessee fiscal responsibility for damages caused
by a Lessee discovered during routine City inspections; and
C. Provide staff with direction on the Vemon Housing Commission's prefened method to
recover costs related to tenant caused damages for all City-owned housing.
Background
At past meetings, the Vernon Housing Commission ("VHC") has raised concems regarding the
existing procedures that detail tenants' fiscal responsibility for damages in City-owned property
that are caused by lessees, authorized occupants, guests, and/or invitees to units. Staff often
discovers such damages during routine unit inspections. Generally, lessees are fiscally responsible
for all damage the lessee, authorized occupants, guests, and/or invitees cause to a unit, except for
normal wear and tear. Furthermore, tenants are not held fiscally responsible for damages upon
discovery at the time of inspection; but they are held accountable only upon termination of a
tenancy agreement, and only following their subsequent evacuation of a unit.
If staff discovers damages during routine inspections, such as annual inspections, for which the
City is responsible (for example, an appliance that is malfunctioning through no fault of the lessee),
the City will repair and/or replace the appliance at no cost to the lessee.
However, occasionally during inspections, staff will discover damages for which the lessee is
ultimately responsible (for example, damages beyond normal wear and tear to walls or floors). In
cases where there is a clear health and/or safety concem that requires prompt repair, the City will
repair or remedy the condition, and no immediate charge will be assessed against the lessee. Ifa
lessee requests a repair for which the lessee is fiscally responsible, the City will execute the
remediation and will recover the cost from the tenant upon completion.
Presently, two City-owned housing units have sustained significant damage to their respective
interior structures, including walls, floors and cabinets. Staff has concluded that these damages are
the result of tenant neglect and failure to properly maintain the premises as mandated by the City's
standard Lease Agreement. The estimated cost for the repair of these two units is expected to
exceed $7,000 per unit. Furthermore, Section 1l (A) of the Lease Agreement states, "Tenant shall
immediately notifu Landlord's Building Maintenance Department of any problem, malfunction or
damage." In order to address the needed repairs and replacements in a timely and efficient fashion,
and to maintain consistency with the manner in which any future damage is confronted, staff is
seeking guidance from the Commission on how to proceed with addressing any damages, outside
ofnormal wear and tear that are caused by the lessee, authorized occupants, guests, and./or invitees.
Fiscal Impact
There is no fiscal impact associated with the discussion and possible development of detailed
procedures to collect monetary dues related to City-owned property damages caused by tenants.
The adoption of such procedures will ultimately determine the fiscal impact, if any, to the City.
Attachments
None.
Page 2 of 2