Santa Monicans for Renter’s Rights Press Release January 10, 2000
Not all disasters were able to be averted by Y2K planning. Landlords, with help from Landlord Attorney Rosario Perry and others, filed a devastating number of Ellis Act Notices with the Santa Monica Rent Board in the last four months to avoid amendments to the State Ellis Act which became effective on January 1, 2000. The new legislation provides longer eviction notices for tenants and increased penalties for returning to the rental business after the evictions.
During December, notices were filed for 25 buildings containing 189 units, with notices affecting 150 units coming between Christmas and New Years Eve. Notices affecting tenants in approximately 70 units were received between September and November.
Tenants in approximately 250 units have been told to leave their homes, friends and neighborhoods. While eviction is a difficult process for anyone to go through, it hits hardest on families with children, seniors and disabled people.
Most of the impacted tenants have been receiving 30-day eviction notices, often within days of the official filing, even though the law permits landlords to terminate the tenancies up to 60 days after the official filing.
The Ellis Act was originally passed in the mid-1980s, over Santa Monica’s opposition, to enable landlords to go out of the rental business. However, some landlords may be utilizing the Ellis Act to empty their buildings only to go back into the rental market with new market-rate tenants. They may be willing to pay the small penalties for going back into renting that exist for Ellises that began before January 1.
If landlords re-rent their properties, the former tenants can sue for limited actual, and specified punitive damages. The Rent Board can sue for statutory exemplary damages.
Several tenants may have grounds to fight their Ellis evictions:
An owner cannot Ellis-evict someone who has a lease that will still be in effect more than 60 days from the filing date. The Ellis Act requires that the landlord completely go out of the rental housing business, and that all tenants be evicted. In one fairly large building, two tenants have leases, the terms of which extend beyond the 60-day notice filed with the Rent Board. Because all tenants in the building cannot have their tenancies terminated within the 60 days, tenant attorneys believe that none should.
SMRR volunteers hand-delivered a letter and fact sheet (sent separately) to Ellised tenants over the weekend. "It is important that renters get complete and accurate information about their options if their building has been Ellised. It’s a horrible time for those tenants and our community, but they must act quickly in contacting attorneys, organizations and agencies that can help," said SMRR Organizer Michael Tarbet.
Renters should check if there are leases held by anyone in the building, and call the appropriate organizations and attorneys if they have any questions about Ellis Act ramifications. Unfortunately, most evictees will be forced to look for replacement housing, which is very expensive in Santa Monica.
Assistance is available for low income tenants.
Low-income tenants are entitled to relocation money from their landlord. One may qualify their income/asset status with the Santa Monica Housing Authority; call 458-8740. Relocation money ranges from $3400 to $7250 depending on size of the unit, age of oldest household member, disability and whether there are children in the family.
Low and very low income people should be applying at the Community Corporation of Santa Monica, which now, but only until January 13, has an open list.
Very low income tenants should be applying at the Housing Authority for a Section 8 Voucher. The Santa Monica Housing Authority has been granted the ability by the Federal Government to issue Vouchers to very low income persons for rents that compete at market levels. All very low income Ellis evictees will automatically be issued the vouchers they’ll be able to use with willing owners.
Tenants can call SMRR at 394-0848 to discuss their problems. Tenants should see an attorney. They can go to Legal Aid if they are low-income qualified 899-6200. They can also call rent control at 458-8751 for information about their building's filing status and Ellis rules.
To contact SMRR by email: mailto:ellis@smrr.org