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Property owners, landlords make their last stand

August 21, 2002

Tim Willert

Property owners and others made a last-ditch effort Tuesday to

keep the City Council from adopting an ordinance that would make it

tougher for landlords to evict tenants, calling on the council to

postpone a decision until more public input has been gathered.

"This ordinance might serve to further divide landlords and

tenants," said Charlotte Ives, a Glendale landlord and business

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owner.

Glendale Chamber of Commerce Executive Vice President Judee

Kendall urged the council to delay a vote for 30 days "to allow

interested groups and individuals time to evaluate the ordinance and

provide input."

"We didn't have enough time to take a look at [the ordinance],"

Kendall said. "We're very concerned about the process."

Under the ordinance, landlords would face stiffer penalties for

evicting tenants, reducing services or hiking rents in response to a

tenant's complaints.

The council, which heard from dozens of landlords and tenants, had

not reached a decision by press time.

"I don't think we have to survey the community every single time

we want to pass an ordinance," Councilman Bob Yousefian said in

response to complaints from those opposing the legislation.

Renter Lindy Hays and other tenants urged the council to act as

quickly as possible.

"I think it would be much better for you gentlemen to pass this

ordinance and tinker [with it as you go]," Hays told the council.

The council appeared poised to adopt the ordinance last week. But

since introducing it, property owners mobilized in opposition,

prompting Councilman Dave Weaver to reconsider his position.

Glendale Apartment Assn. President Herbert Molano contends the

ordinance would make it tougher to evict tenants who have become a

nuisance to others.

"[The proposed ordinance] is constraining our ability to maintain

the best possible environment for our tenants," Molano told the

council. "We're going to be faced with a situation where we lose a

good tenant and keep a bad one."

Retaliatory evictions are illegal under state law, but the

proposed ordinance would create a tenant defense if a landlord files

an unlawful detainer, shifting the burden of proof from renter to

landlord.

Under the proposed legislation, landlords could face additional

fines of up to $500 and possibly a misdemeanor conviction resulting

up to six months in jail.

"We already have laws in place that protect good tenants from bad

landlords," Frank Whitehead, a tenant-landlord attorney, told the

council.

The legislation is based on "just cause" eviction laws already on

the books in such cities as Los Angeles, West Hollywood and San

Francisco.

It gives 11 reasons a landlord can evict, including nonpayment of

rent, allowing additional occupants to live in the apartment without

the landlord's approval, and use of the property to conduct illegal

activity.

Kendall criticized the city for not soliciting public input from

interested parties, and likened the situation to one in which the

council adopted a systematic rental inspection program, but repealed

that ordinance after complaints from property owners and others who

said they were not included in the process.

"We feel that this is very much a business issue as much as it is

a tenant-landlord issue," Kendall said.

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