09/19/1979 Meeting - Laserfiche WebLink

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. e continue communication with the tenants to more fully outline the conversion process and tenant alternatives within that process. The Committee takes no position at this time on the moritorium issue raised in a letter to the Committee from the West University Neighborhood. City Attorney Stan Long spoke to the issue of moratoriums. He said that, in Oregon, condominium conversion is a process of changing the form of ownership of property. Application is made to the state to do so. Cities have not regulated the manner on owning, only the manner in which used. The notion of a moratorium to regulate property ownership puts the public body in a different area of interest. Therefore, there will be questions of the Council's authority and wisdom in doing so. The home rule power has had its heart cut out because of the decision in the LaGrande-Astoria case~ That has changed a Council's ability to deal creatively and enter new areas. When imposing a moratorium, it must be done so only to pursue in good faith a specific legislative matter. There must be a plan and a reason for doing so. If it is Council's wish to prevent people from changing the manner in which they own property, and if it is decided subsequently that that decision is wrong, the Council will bear some risk. The legal view is that, at this time, it would be wise to move cautiously and only if there is a specific purpose in mind. The Attorney's Office cannot give an unqualified go-ahead because it is a new area. Ms. Schue wondered what the plan would have to consist of if the Council were to impose a moratorium because of a plan they have in mind. Mr. Long said there would have to be a good faith intent to enact a permanent law, and outline of what the ordinance would accomplish and encompass. It is not good to impose a e moratorium just to find out whether there is a problem. Mr. Lieuallen wondered about having a plan, imposing a moratorium, and then later down the road finding it is not feasible. What would the City's liability be? Mr. Long responded that if someone's tax situation is affected by such a moratorium, he or she would probably look to the Council for repayment. There have been previous incidents in which it was determined that the public body acted capriciously. Ms. Miller's inclination would be that the Joint Housing Committee should continue to work on it. Manager thought the Joint Housing Committee should also look at other possible solutions to alleviate undesirable effects. For example, what might the City do it there was a serious displacement of lower-income persons? Ms. Smith feels the Joint Housing Committee should continue to study the matter, plus she feels the Council could take a look at it at their retreat. Mr. Hamel wondered what the effects would be if these properties had local tax write-offs at the time of construction or federal aid in construction. City Attorney responded that, if that were the case, there might be some basis on which the City could regulate. He emphasized, however, that there needs to be some sophisticated staff work e ~/~ 9/19/79--7