06/18/1980 Meeting - Laserfiche WebLink

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Mr. Sercombe stated that the updated version of the condominium conversion ordinance includes deletion of the conversion tax and making the rate . formula advisory. In addition, there were several minor changes: 1) inclusion of the informational brochure described in Section 6(c)(2) in the definition of "condominium instruments" (page 11) and the deletion from that definition of the notice of intent to convert given to tenants; 2) addition of the words "or commercial" in line 5 of the definition of "conversion" (page 12); and 3) Section 10(d), Rulemaking Authority, has been amended to allow the director to issue rules relating to expiration and revocation of final conversion permits. At this time, it is not known whether a time limitation should be placed on the effectiveness of a final permit. This section has also been amended to not require mandatory review of the rules by the council. Many of the rules deal with adminis- trative matters and mandatory review would be unduly consumptive of council time. However, where policy decisions are reached in the rule- making process, the director may forward those rules to the council for review. Jim Croteau, Planning Department, stated he was responding to comments on tenant protection raised from testimony at the public hearing of June 9. Concern was raised that the conversion ordinance inadequately protects the individual and particular housing needs of displaced tenants. It was suggested that the definition of "comparable housing" be expanded to include the special needs of the tenant (aesthetic quality, protection from noise, etc.), that the housing counselor be hired and supervised by the City, that lifetime leases be mandatory if no comparable housing is found, and that special protection be given to those who would be trauma- e tized by a forced move. The staff responded to the needs of special housing for particular needs of a displaced tenant. The tenant survey is designed to pinpoint those needs early in the process. The housing counselor contract, which is subject to City approval, must require that the counselor use best efforts tO'obtain replacement housing which meets the special need of each special- category tenant. The ordinance requires that comparable housing include "similar special facilities for the particular tenant's needs if the tenant is handicapped or elderly." Draft rules on this section will be av ail ab 1 e soon. The director may withdraw City approval of the counselor if she/he fails to abide by the contract, alienates a substantial number of tenants so as to impair effectiveness of the counselor's performance, or refuses to deal with or ignores the needs of any affected special-category tenant. The alternative of requiring comparability for aesthetic or other factors in the definition of comparable housing was rejected because it is highly subjective and it is doubtful with such inclusions that any comparable units could be found. The director is given rule-making authority, however, to expand the definition of comparable housing which could be used in the future if this concern becomes a great problem and any tenant is free to negotiate on comparability. e 6/18/80--11