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HomeMy WebLinkAboutORDINANCE NO. 88002~1 ORDINANCE N0. 8800 AN ORDINANCE TO STABLIZE THE COST 0~' SHELTER IN THE CITY OF EUGEIv~, TO PROTECT THE HEALTH OF ITS CITIZENS AND TO PROjTIDE PEIdALITIES FOR TIC VIOLATION THEREOF, AND DECLARING AN EMER- GENCY . II~HEREAS, the 77th, United States Congress,~second, session, Acts of January 30th, 1943, and October second, 1942, declared it to be in the int- erest of the National Defense and security, and necessary to the effective prosecution of the present war that speculative, unwarranted and abnormal increases in rents, be prevented, and Wf~REAS, the office of Price Administration has been set up to Ad- minitster the provisions of said act, and WHEREAS, if the off ice of Price Administration established a rent control area in Eugene, all rentals would be frozen at the prices charged March first, 1942, and a severe hardship would be worked on all of the prop- erty owners in the City of Eugene, and many would be forced to pperate their properties at an actual loss, and V~REAS, dtie to bidding by military and civilian personell seeking housing accomdations in Eugene, rentals for such accomodation are reaching a point greatly in excess of actual rental values, and many citizens engaged in critical occupations connected with the war effort are being forced to leave their jobs, and V~iEF:EAS, Section 47 of the Charter of the City of Eugene provides that the Common Council shall have power to,- "License, tax, and regulate all such callins, trades and exmployments as the public health or good may require to be licenses, taxed or regulated, and as not prohibited by the laws of the State of Oregon or of the United States," THE CITY OF EUGENE DOES ORDAIN AS FOLLOti"~S: SECTION Z. NECESSITY, That is is urgently necessary for the maintenece of adequate living space at a reasonable price, and for the effective prose- cution of the war effort, and for the protection of the health of persons engaged therein, that rentals, occupancies and evictions be regulated. SECTION II. DEFINITIONS: "Persons" includes any individual, corporation, partnership, association, synidcate, or any other organized group of persons, or legal successor or re- presentative of any of the foregoing. "Housing accomodation or rooms" means any building, structure or part thereof, or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes, including houses, apartments, hotels rooming or boarding house accomodations or rooms, and other properties used for living or dwelling purposes, together with all privileges, 292 __ services, furnishings, furniture equipment, facilities, snd improvements conn- l ected with the use of occupancy of such property; including also rooms in i private homes, ground rented as space for a trailer, motor courts or motels. "Service" includes repairs, decoz°ating and maintenence, the fuz°nishing of light,. heat, hot and cold water, telephone, eleveator service, window shades and storage, kitchen, bath and alundry facilities and privileges, ,maid service, janitor service, linen service, the removal of garbage, and any other l privilege or facility connected with the use or occupancy of a room or housing accomodation. "Landlord"_includes as owner, lessor, sublessor, assignedd, agent or other person receiving or entitled to recieve rent for the use of, or accup- 4 ~ anvy of any housing accomodation or room. '!Tenant" includes a subteneat, lessee, sublessee, or any orther person j entitled to possession or the use or occupany of, any housing accomodation or I ( TOOm. "Rent" means the consideration, including any bonus, benefit, or gratuity demanded or received for the use or occupancy of any housing accomodations or room, or for the transfer of the lease of such premises. "Term of Occupancy" means occupancy on a daily, weekly, or monthly basis. SECTION III. 1tRAXIMtTT~ RENTS: Maximun rents shall be ; - a. For housing accomodations or rooms rented on January 1, 1943, the rent for such accomodations on that date. b. For housing accomodations or rooms not rented on January 1, 1943, but rented at any time during the two months ending on that date, the last rent for such accomodations or rooms during=the two month period. c. For housing accomodations or rooms not rented on January 1, 1943, nor during the two months ending on that date, or for ~:ousing accomodations or rooms rented for a definite term or a definite number of occupancies, for which no maximum rent is established under subsections (aj and (b) of this section, the rent shall be such rent as was charged for similiar accomodations on January 1, 1943. d. For a roam with which meals were provided on January 1, 1943 without separate charge, therefor it shall be the duty of the landlord to segregate the charge made for room and for meals, and the maximum rent for such room shall be in accordance with previous subsections of this section. SECTION IV. ADJUSTIv~NT OF RENTS. (aj Immediately following the passage of this ordinance the Mayor shall i appoint and the council conform a Fair Rent Committee, consisting of five # members who shall serve without compensation until January first, 1945, at which time a new committee shall be appointed b~ the City Manager. The Comm- 1 ittee shall elect one of their number as chairman. i I 293 ._ _-___~T~__.___-- - _ __- --_-._ ___ _. ~.-.-_. ______ _~- ___._ ______ - ___ __-_____- _-_._---__ ___-_____ _________ __1 _, (b) Immediately following its appointment, the siad Fiar rent committee shall meet and shall appoint an Executive Secretary who may or may not be a. member of the Committee. The remuneration of the Executive Secretary shall be fixed by the Common Council. (c) The Fair Rent Committee shall reo~uire all housing accomodations or rooms .offered for rent to be registered ire the office of the Executive Secretary of said Fair Rent Committee. Said registration shall state the type of housing accomodation or rooms: the rental to be charged on January, first, 1943, if rented on that date and the rental now being charged. (d) The siad Fair Rent Co~amittee is hereby authorized upon proper application to make adjustment of any rental charged on January first, 1943, which may appear to it, upon investigation, to be either too-high or twoo low in: proportion to rentals generally charged for similiar accomodations on that date, and such rental when so f ized by the fair rent committee, shall be maximum rented for that property.. (e) Any person seeking to adjust the maximum rent shall make applic- ation to the Executive Sechetary of said Fair Rent Committee on forms to be provided and shall pay a fee on one. dollar. Said application shall list all parties who would be affected by any adjustment, whether such parties be landlords or tenants. As soon as convenient after receipt of such applic- ation the Chairman of the Fair Rent Committee shall set a date for hearing, and the Executive Secretary shall notify all persons so listed of such hearing. It shall be the duty of the Executive Secretary of such Fair Rent Committee to report and remit to the Recorder of the City of Eugene on or before the tenth of each month, all fees collect.d during the preceeding month. Such funds shall be hatlf by the Treasurer of the City of Eugene in a special fund to be used for the purpose of printing forms and for miscellaneous expenses pretaining to the enforcement of this ordinance, and may be supplemented by additional funds, if necessary by the common council. Any money remaining in the fund after this ordinance is automatically repealed, or upon its re- peal by the common council, shall revert to the general fund of the City of Eugene. (f~. The Fair Rent Committee shall establish and prmulgate rules relative to the receiving, hearing and disposition of such applications, and the f inding~ of said Fiar Rent Committee, afterhearing shall be conclusive as to questions of both law and fact; PROVIDED that in not less than sixty days of ter such findings are filed in the office of the City Recorder, either party may reinst- itute preceedings for the adjustment of rents on the same housing accomodations; ~?ROVIDED FURTHER that any party considering himself agreived by such findings of the Fair Rent Committee shall have the opportunity for appeal from the judge- went of said committee to the Recorder's or Nuni~ipal Court of the said City of 294 Eugene, and upon making of such appeal shall pay the customary fee to said ~ court. I ~ (g} In the event of appeal to said Recorder's or P~unicipal Court, the j Recorder or municipal judge is hereby authorized to call in as rent referees ± any citizen of the•City of Eugene, whom he deems a competent judge of rental i values, and any expenses involved therein shall be borne by the party making such appeal; provided that any party not satisfied with the findings of said court shall have the privilege of appeal to other courts as provided in the Charter of the City of Eugene, and by the general laws of the State of Oregoh. SECTION V. INVESTIGATIOTvS OF APPI,IC~TIOTtiTS: (a) Applications shall be investigated by not less than two members of said Fair Rent Committee. Such investigators shall have the right to enter the housing accomodations or rooms involved for the purpose of said investi- gations. No landlord, tenant or other person shall prevent or fail to permit entrance for such purpose. (b) No person, directly or by agent, shall by word or by writing make any false representation or statement of fact concerning housing accomodations and rents received therefor, nor concerning any other relevant matter upon which information is requested or received by the investigating committee. SECTION VI. GROUNDS FOR ADJUSTMENT. The Committee may adjust maximum rents oh the grounds that,- (a) The maximum rent for the housing accomodation or room is higher or lower than the rent generally prevailing in the City of Eugene on January first, 1943 for comparable housing accomodations or rooms. (b} There has been a substantial deterioration of the housing accomo- lotions or rooms other than ordinary wear and tear since January first, 1943. (c} There has been a substantial betterment of the housing accomodation. by a mayor capital improvement as distinguished from ordinary repair, replace- went snd maintenence. (d) There has been a substantial increase or decrease in the services, furniture, furnishings or equipment provided with the housing accomodations or rooms since January first, 1943. (e) The rent on January first, 1943, was materially affected by the blood, personal, or other social relationship between the. landlord and the tenant, and as a result vats substantially higher or lower than the rent generally prevailing on Sanuary first, 1943. for comparable housing accomo- lotions or rooms, (f) The rent on January first, 1943, was established by a lease or other agreement which provided for a substantially higher or lower rental other periods during the term for such lease or agreement, (g} There had been an increase or decrease in the number of persons .using the housing accomodations or rooms. as compared to January first, 1943. 23~ (h) The housing accomodations or rooms were occupied by the owner or landlord on January first, 1:943. SECTION VII. EVICTION Any Action for eviction of tenant shall be in accordance with the general laws of the State of Oregon. SECTION VIII. HARASSING OF TENANTS. No landlord directly or indirectly by acts of omission or commission including by way of illustration but not in exclusion,; the reduction of services, curtailment or shutting off of heat or hot water, creation of noise .. `..-; curtailment or shutting off of utilities, limitation in ingress or egress, and oth ,;.~r~:r~ acts designed to annoy, disturb, onconvenience molest or intimidate any tenant which shall seek to decrease a tentants peacable enjoyment of his housing acco- modations, or to encourage or compel a tenant to nave from such housing accomo- dations, ~r to increase the rent in any manner other than herein provided. Any tenant may make the commission or non-commission of the acts above described a basis for application for reduction of rental pursuant~to SEction VI, of this ordinance. The existance of a condition dangerous to~heallh because of such acts may be summlarily abated by the City of Eugene, andthe cost of such abatement may be rec"overed from the landlord in an action by law or by assessment against the property involved. curtailment or reduction by reason of rationing requirement are excepted from the above. SECTION I.X. Each section, sub-section, paragraph and provision of this ordinance is deemed to be separate and independant, and invalidation by any _ court of any such part shallnot invalidate any other pIDrtion. SECTION' X. It shall be unlavaful far any person to violate any of the provisions of this ordinance, and upon conviction thereof before the Recorder's or municipal court shall be punished by a fine not exceeding Two Hundred Dollar and may be imprisoned in the City Jail for one day for each two dollars of the fine unpaid. SECTION XI. This ordinance may be repealed at any time by the Common not Council and if so repealed may contine for ninety days after the cession of the hostilities in the present war. .SECTION X~~. That the arbitary raising of rentals by landlords, and ~ib.e arbitrary refusal to vacate by tenants has created a housing crisis in the City of Eugene, an emergency is declared to exist, and it is declared to be necessary for the immediate preservation of the peace, health and safety of the City of Eugene, that this ordinance take effect immediately upon its passage by the common council and approval by the ~r'iayor, and it is so ordered. Passed by-the common council on this 24th day of July, 1944 Approved by the Mayor on this 25th day of July, 1944 /s/ John Fields Recorder pro tam /s/ Elisha Large Mayor ~r I