San Anselmo approves renter protection measure for fall ballot

San Anselmo residents will vote this fall to codify tenant protections alongside a contentious rent-control ordinance.

The Town Council voted unanimously on Tuesday to place the question on the Nov. 5 ballot.

The measure will read: “Shall the measure requiring residential landlords of properties of 3 or more units (ADUs exempted) who terminate a tenancy for no tenant fault or lease violation on the tenant’s part, provide measures such as longer notice, payment or relocation benefits if the tenant is required to move and right to return to the unit upon similar terms if landlord re-rents within 5 years, and requirement payment for temporary tenant displacement be adopted?”

The town, which narrowly passed rent control this year, also will vote this fall on a separate rent-control ballot measure. Voters will face the question: “Shall Ordinance No. 2024-1185, establishing a prohibition on residential real property annual rental rate increases (applied only to triplexes and larger) that exceed 60% of the Consumer Price Index or 5%, whichever is lower, and defining a base rent as the rent in effect on June 21, 2023, be adopted?”

The tenant protections measure includes the right to return and first right of refusal, which protects displaced tenants and their occupancy in dwellings. The council also heard information on compensation for no-fault evictions and short-term relocation payments.

“I want to be respectful that we are respecting the will of the voters,” said Councilmember Steve Burdo.

San Anselmo’s rent-control ordinance limits annual increases to 5%, or 60% of the consumer price index, whichever is lower. It applies to properties with three or more dwellings on the same parcel, or contiguous parcels under common ownership. It also prohibits property owners from charging tenants for utilities in addition to rent.

The ordinance was adopted in a 3-2 vote of the Town Council on April 9.

Like the town’s rent-control ordinance, the renter protections would apply to properties with three or more rental units.

According to the ballot measure, displaced tenants are entitled to return to the unit with the same rent, plus the allowable rent increases under law, and the same terms, if the property owner decides to re-rent the unit within five years of the termination of the lease.

Renters will be eligible for relocation assistance following a 90-day tenancy. A property owner must also give at least 90 days’ notice to a tenant to terminate for any no-fault just-cause reason. Short-term relocation assistance is set at $180 per day if a renter is displaced for a period of 30 days or less.

The council will address ballot arguments in July.

Amendments by the council will be allowed with a four-fifths vote of the council. Repeal would require voter support.

Mayor Eileen Burke said she supports the opportunity for future councils to modify the ordinance.

“I think it should be the same. I don’t really think we should make this particularly special,” Burke said.

Councilmember Alexis Fineman said the ordinance would apply to between 800 and 900 dwellings. She said she supports a supermajority vote for amendments so the basic component of the protections would be retained.

“The spirit of amendment is to make sure it’s efficient and functional and that is not a big lift to vote on as a council member,” she said.

The town remains split on eviction protections, just as it was with rent control.

Todd Greenberg called the measure ill-conceived and out-of-scale. He said it would increase rents, despite the efforts to protect renters.

“I am concerned the town is taking on liability,” he said. “If you’re intention is to have housing here, this is not the way to do it.”

Curt Ries, a rent-control advocate, called upon the council to repeal a stipulation in the ballot measure that would allow future councils to modify the ordinance.

“It’s just not right, it’s anti-democratic,” he said. “We hope you honor the results of the November election.”

The referendum on rent control is just one of several similar issues put before voters in the Ross Valley area this year.

In Larkspur, voters narrowly affirmed the city’s rent-control ordinance during the March election. The ordinance caps rent increases at 5% plus inflation, or 7%, whichever is lower.

In Fairfax, a rent-control ordinance capped increases at 75% of the regional consumer price index and no greater than 5%. An initiative will be considered by voters on Nov. 5 to repeal rent control.

The state’s rent-control bill, Assembly Bill 1482, or the Tenant Protection Act, caps rent increases at 5% plus inflation, or 10%, whichever is lower. The law expires on Jan. 1, 2030.

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