Santa Cruz City Council tables emergency tenant eviction ordinance amid legal concern

The Santa Cruz City council unanimously voted to table an emergency ordinance on Tuesday after the city attorney said they could face a lawsuit if it passed.

The ordinance would have required landlords to provide 90 days notice before evicting tenants rather than the 30 or 60 that is already in place.

Today, attorney Tony Condotti, said “the city does not have the discretion to require notice that is longer than what is provided for under state law.”

The state already has a law stating tenants must give 30 or 60 days notice depending on the circumstance of the eviction.

The council still heard from about a dozen residents some still wanting the council to vote on the ordinance.

But after discussion with Condotti, they decided to not move forward; “in my opinion the city would not prevail in that litigation and the prevailing plaintiff would be entitled to recover their attorneys fees and costs as well so the city would be looking at a minimum somewhere in the 6 figures of liability exposure,” says Condotti.

While some were disappointed the ordinance was not put in place, others were happy to see the council acknowledging that change needs to be made, “it’s at least something and they are going in the right direction,” says resident Bob Lamonica.

Architect and home owner, John Mckelvey, says he thinks the council needs to focus on building rather than policy change, “any policy change that occurs in regards to tenancy agreements or anything like that, I believe they are just, they are rearranging the deck chairs on the Titanic, unless we build some more housing. We have to streamline and get constructed some new housing.”