Download Rent Ordinance Regulation 20-10(PDF, 309KB)
Implementing Regulations Concerning Prospective Tenants
Whereas, on September 17, 2019, the City Council of the City of Alameda adopted Ordinance 3250 (beginning at Section 6-58.10 and following of the Alameda Municipal Code, [the “Rent Ordinance”]), restating and revising previous Ordinances concerning rent control, limitations on evictions and relocation payments to certain tenants; and
Whereas, Section 6-58.155, Alameda Municipal Code (all further section references are to the Alameda Municipal Code unless stated otherwise) provides that the City Manager or the Manager’s designee has the authority to promulgate regulations to implement the requirements and fulfill the purposes of the Rent Ordinance; and
Whereas, it is critical that prospective tenants be informed of their rights and obligations under the Rent Ordinance and the Regulations promulgated to implement the Rent Ordinance before entering into a rental agreement; and
Whereas, Section 6-58.25 provides that a Landlord shall provide to a prospective Tenant (1) a written notice that the Rental Unit is subject to the Rent Ordinance, (2) a copy of the then current Rent Ordinance, (3) a copy of the then current Regulations promulgated to implement the Rent Ordinance, and (4) a copy of the then current information brochure(s) that the Program Administrator provides that helps explain the Rent Ordinance; and
Whereas, there is need to clarify the term “prospective tenant” as that term is used in Section 6-58.25; and
Whereas, there is a need to clarify information brochures are available to prospective tenants.
Now, therefore, under Section 6-58.155, the Interim Community Development Director adopts the following implementing regulations concerning prospective tenants
Section 1
For purposes of the Rent Ordinance, a “prospective tenant” is any person or entity whom a Landlord has screened concerning rental history, ability to pay Rent, credit-worthiness and employment and to whom the Landlord, in good faith, has determined to offer a rental agreement.
Section 2
The informational brochure referenced in Section 6-68.25 A (4) is titled “Landlord and Tenant Responsibilities & Protections” and is located on the Rent Program’s website.
Section 3
No Landlord shall enter into rental agreement with a prospective tenant unless such prospective tenant (a) has received in hard copy from the Landlord the materials set forth in subsection A of Section 6-58.25 or confirms in writing to the Landlord that the prospective tenant has internet access and consents to receive the materials set forth in Section 1 through the Rent Program’s website (alamedarentprogram.org) where the materials may be found and (b) has had a reasonable amount of time in which to review the materials.
Section 4
A Landlord shall document in writing how the prospective tenant has chosen to receive the materials in subsection A of Section 6-58.25 and shall provide a copy of such document to the prospective tenant. The Program Administrator may request the Landlord to provide a copy of such document to the Rent Program.
Dated: December 17, 2020
Original document signed by:
Lisa Maxwell
Interim Community Development Director