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CityWatch, July 2001
by Wes Wellman

ANNUAL GENERAL ADJUSTMENT APPROVED
The Santa Monica Rent Control Board has approved the 2001 Annual General Adjustment in rents of 4.2% per year with a cap of $40 per month. In recommending the increase the Board noted that residential electricity rates are scheduled to increase 37% when the new rates take effect, gas rates have increased over the last two years 56.9%, and water and refuse rates have also increased but by smaller percentages than gas or electricity rates. Units rented between September 1, 2000 and August 2001 are not eligible for the 2001 general adjustment.
Master-Metered buildings were approved for a supplemental increase. If a landlord pays for all gas and electrical service for the common areas and, additionally, for all electrical service or all gas and electrical electrical service in individual units on the property, the landlord may increase the rent by an additional $10, in addition to the general adjustment. By way of comparison, 2001 Rent increases in other rent controlled Cities were as follows: Berkeley- $10, plus an additional and $8 if the owner pays for all gas service to the rental unit; New York City- 3% for one-year leases and 5%for two year leases plus a $15 per unit supplement for apartments renting for $500 or less.


SMRPH, VERITAS AND NOW FAIR,
BUT OPPOSED BY SMART

If one wants high pay and regular employment in the private sector in Santa Monica, landlord tenant law or political consulting are the best bets. The activist and extremist nature of Santa Monica Government guarantees constant litigation and political maneuvering.

With the last election barely over, already two new ballot initiatives and a referendum are in various stages of action. SMRPH, the condominium conversion initiative has qualified for the next ballot. VERITAS, the governmental reform initiative, has signature gatherers on the street at this time in an effort to force a special election during which both SMRPH and VERITAS would go before the voters.

Now FAIR (Fighting Against Irresponsible Regulation), a coalition of hotel, restaurant and retail interests, has announced plans to gather signatures to force a referendum requiring the Living Wage Ordinance, still being amended by the Santa Monica Council, to be approved by the voters. Samuel Johnson once described a second marriage as "the triumph of hope over experience". Proposition KK, last year's attempt by the hotel industry to water down the proposed Living Wage Ordinance and to prohibit the Council from making additional changes without a public vote, lost by a 4 to 1 margin and looks at this stage to be the political equivalent of a second marriage. In an attempt to pass Prop KK, the hotel industry spent close to $1 million and received fewer than 8,000 votes.

FAIR is opposed by SMART (Santa Monicans Allied for Responsible Tourism). This is a coalition of the usual local left-wing political suspects spiced with some outside labor interests.

So it's full employment for political consultants in Santa Monica and if FAIR loses, look for the attorneys to go to work on a lawsuit challenging the constitutionality of the Living Wage Ordinance. Perhaps, a deal could be cut wherein hotels and restaurants could continue to employ entry level workers at the $6.25 per hour minimum wage as long as the workers are either law or political science students.


TENANT RENT GOUGERS THREATENED

The New York Times reports that a New York City judge has ruled that landlords may evict tenants who charge roommates more than a fair share of the rent. The case involved an elderly tenant who was charging her roommate over 120% of her monthly rent in violation of a new state regulation on roommate overcharges.

Profiteering by tenants in low rent apartments is a common practice in Santa Monica as well. But, although the Santa Monica Rent Board brings the full force of the police state to bear to any owner guilty of overcharging tenants, I am unaware of any case ever brought against a tenant for overcharging a roommate.

Perhaps Santa Monica needs one more ballot initiative to deal with this issue, TART (Tenants Are Rent-gougers Too).


DOGGONIT
Martin Snitow reports in the San Francisco Apartment Magazine that a Presa Canario-mastiff dog owned by one apartment tenant attacked another tenant in the same building. The attacked tenant soon died. Snitow says, "A landlord who knows a tenant's animal is dangerous is at risk for liability due to any injury or damage it causes. However, under certain conditions, the law requires a landlord to permit a tenant to keep an animal in a rental unit". So if you are aware of a dangerous dog in your building, better contact the attorney of your choice.


BUSTED IN BERKELEY

The Los Angeles Times reports that a Berkeley Landlord convicted of importing young females for sex and cheap labor filed papers claiming a "cultural defense". Attorney Ted Cassman asked a Judge to "consider that Lakireddy Bali Reddy is a product of a society" in which "the norms of his society were amenable to conduct which is clearly offensive in the U.S." He might have gone on to assert the "Berkeley Defense" that he is living in a city where the norms of mainstream society have never applied.


DOT.GONES
A St. Paul, Minnesota newspaper refers to hi-tech renters who have lost their high paying internet related jobs, high rent apartments, and have moved from the area as dot.gones. At least you know that your dot.commers who left without paying the rent aren't in Minnesota.

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