San Anselmo to consider rent control ordinance

San Anselmo is poised to consider a rent control ordinance similar to Larkspur and Fairfax.

The Town Council on Tuesday directed staff to prepare a draft ordinance with a rent cap of 5% or 75% of the consumer price index, whichever is lower.

The council did not vote, but signaled openness to consider the new protections and a corresponding appeal process, though some expressed a preference to put the issue to a ballot vote. The draft ordinance could be reviewed at a meeting as early as December.

“These protections are still needed because they keep people who are currently housed, housed,” said Councilmember Tarrell Kullaway.

Vice Mayor Eileen Burke, who said she rents out an accessory dwelling unit, suggested a ballot vote would be the best gauge of public opinion.

“I think we should be really honest that if we pass rent control we’re benefitting a current small group but we’re not doing anything related to affordable housing over the long term in San Anselmo,” Burke said.

The council bifurcated a potential just-cause-for-eviction ordinance and said it would require further discussion if an ordinance was developed.

Town Manager Dave Donery said staff has engaged the community since summer to research if residents were interested in additional protections beyond the state’s rent control law, known as Assembly Bill 1482, or the Tenant Protection Act of 2019.

The bill caps rent increases in California at 5% plus the consumer price index. The maximum annual increase permitted under state law is 10%. The law expires at the end of 2030.

The act also includes provisions for no-fault evictions, which require payment to the tenant of at least one month’s rent.

“The primary goal of each of these forums was to solicit input,” Donery said.

Much of the staff discussion compared San Anselmo’s rent control discussions to that of neighboring towns Larkspur and Fairfax.

Heidi Scoble, planning director, said a meeting on Sept. 14 had 52 public comments and was a “packed house.” A meeting on Oct. 5 was focused on the perspective of landlords and garnered a little over 30 public comments.

Larkspur passed a rent control ordinance that caps increases at 5% plus inflation, or 7%, whichever is lower.

The rent-control ordinance was intended to take effect on Oct. 6, but was postponed pending the conclusion of a referendum process that was initiated at the end of September. The ordinance would have been retroactive to the base rent as of May 8.

Larkspur also established a just-cause-for-eviction ordinance, which establishes relocation assistance payments equal to three months’ rent or $5,000, whichever is greater, for a no-fault eviction. The ordinance also establishes a tenant’s right to return to a dwelling if the landlord chooses to rent the residence within 12 months of eviction. It also has protections for those who are elderly, disabled or terminally ill.

In Fairfax, a rent cap was established at 75% of annual CPI. The original ordinance had a cap of 60% of the CPI but the Fairfax council made the noted adjustment following community feedback it received.

The Fairfax rental cap also has been challenged and will be put to voters in November 2024.

California’s Costa-Hawkins Rental Housing Act prohibits local rent control regulations on properties constructed after 1995. Detached homes and condominiums are also exempt from rent control under the law.

Public response appeared to support new protections, though the perspectives were nuanced between renters, owners and other stakeholders.

Ford Greene, a former mayor of San Anselmo, urged the council to let the voters decide.

“Whatever you do, put the decision on the ballot. Don’t make it uniformly and make the same kind of disregarding the citizens mistake that both Fairfax and Larkspur made,” he said.

Sara Chappelle, a renter in San Anselmo, said she supported an ordinance.

“Everyone deserves to live in a home where they can be secure,” she said.

Bill Johnson, who said he was a property owner, said additional rent control was “somewhat hasty.”

“Take the time to review the decisions you’re making. It’s a serious problem that needs to be dealt with,” he said.