COMMUNITY STABILIZATION AND FAIR RENT ACT (MEASURE V)
URGENCY ORDINANCE FOR JUST-CAUSE EVICTIONS
Upcoming dates in the pending Court Case
The California Apartment Association (Case #16CV304253) has filed a lawsuit against the City seeking to enjoin the Community Stabilization and Fair Rent Act (CSFRA) and the Urgency Just Cause Eviction Ordinance. The City has filed an answer to the complaint. On April 4, 2017, the Court is scheduled to hear oral argument from the City and CAA regarding the request filed by the CAA for a preliminary injunction. Proponents Joan McDonald and Steven Chandler, Urban Habitat, Faith In Action Bay Area and Linda Williams have filed a motion to intervene in the pending lawsuit. A hearing will be held on their request to intervene on March 9, 2017. Please check back for further updates.
Closed session announcement January 24, 2017
The City has been sued by the California Apartment Association (Case #16CV304253). The lawsuit challenges the constitutionality of several provisions of the Mountain View Community Stabilization and Fair Rent Act, which establishes rent control and just cause eviction, as approved by the voters in the November election, as well as the City’s Urgency Just Cause Eviction Ordinance.
In tonight’s closed session, the City Council directed the City Attorney to answer the complaint filed by the CAA and oppose their request for a preliminary injunction. The City Council approved this action by a unanimous vote of 6 to 0, with Margaret Abe-Koga absent.
December 21, 2016 Update
Measure V Temporarily Halted - Just Cause Eviction Urgency Ordinance Remains in Effect
The City was served on December 21, 2016 with a lawsuit challenging Measure V and the Just Cause Eviction Urgency Ordinance. The Plaintiff, California Apartments Association (CAA), also filed a request for a Temporary Restraining Order (TRO) to prevent Measure V from taking effect on December 23, 2016.
On December 22, 2016, the court signed a stipulation agreement between CAA and the City, which stays the implementation of Measure V, meaning Measure V will not go into effect on December 23, 2016. However, the stipulation provides that the City’s Just Cause Eviction Urgency Ordinance will remain in effect, as it is not subject to the TRO.
Mayor Pat Showalter noted ”The just cause eviction ordinance was adopted by the City Council on November 15, 2016, as an important protection for renters in our community who may be at risk of eviction without cause. It is good that we can continue to provide this protection while the legal challenge to Measure V is resolved.” Furthermore, “The City Council wants the public to know that we take this matter very seriously and we regret any confusion this situation may cause renters and landlords. We ask that our community understand that the City cannot say more about pending litigation at this time,” said Mayor Showalter.
CAA must file a motion for preliminary injunction by February 3, 2017 to continue to prevent Measure V from taking effect. If the motion is filed by this date, the stay preventing implementation of Measure V will remain in effect until the court’s decision on the motion for preliminary injunction. Once the motion is filed, a hearing date will be set. If a motion for preliminary injunction is not filed by February 3, 2017, the TRO will expire and Measure V will be implemented.
In order to provide time for the City to fully analyze the complaint and ensure the immediate preservation of the City’s Just Cause Eviction Urgency Ordinance, the City did not contest the TRO on Measure V. Neither the stipulation nor the TRO have any bearing on whether or not the City will defend the lawsuit, nor indicate the City’s position on the merits of the suit. At this time, the City is evaluating and assessing the lawsuit in order to determine next steps. The City Council is expected to discuss the litigation early next year. Until the City has had the opportunity to analyze the complaint and the City Council has had the opportunity to discuss the matter, any further comment would be premature. The City was due to submit a formal answer to the lawsuit on Jan. 20, but the apartment association agreed to give the city an extra 15 days. The city will now need to respond to the suit by Feb. 6. In the meantime, City staff will continue its ongoing outreach and preparation for the implementation of Measure V.
For renter and landlord questions, please contact Mountain View’s Rental Housing Helpline at (650) 282-2514, or email email@example.com.
Walk in office hours at City Hall
in the Public Works Front Conference Room (500 Castro Street)
each Thursday between 12-2 pm. Habla español.
Law Foundation of Silicon Valley (Volunteer Eviction Assistance Collaborative) is open 12/27, 12/28 & 12/29 - (408) 280-2424
Superior Court Self-Help Center: (408) 882-2926
California Dept. of Consumer Affairs LL-T handbook: http://www.dca.ca.gov/publications/landlordbook/index.shtml
Santa Clara County Bar Association Lawyer Referral Service – (408) 971-6822 www.sccba.com
Court Self-Help Website: http://www.scscourt.org/self_help/civil/ud/ud_resources.shtml
You can also receive automatic updates on the process by signing up at www.mountainview.gov/mymv and checking “Rent Stabilization Updates.”