Hayward and Livermore Go After Problem Tenants – [email protected] – Gmail

Government Affairs Action for the Week of November 3, 2013

by David C. Stark, Public Affairs Director, Bay East Association of REALTORS®Social Nuisance and Drug Ordinances:

Both Hayward and Livermore have adopted ordinances that make it easier to crack down on “party houses” and drug dens.Hayward recently approved a Social Nuisance Ordinance that makes property owners liable for criminal behavior of their tenants. The Ordinance was developed in response to a handful of properties that generate a significant amount of police service calls related to drug use, loud parties and prostitution. According to the City Attorney’s office, the city is particularly concerned about activities that a landlord may be aware of but fails to take corrective action. During the development of the ordinance Bay East and the Rental Housing Association raised concerns about the existing Rent Stabilization ordinance which includes strong tenant protection components which often complicate the eviction process – even for tenants engaged in criminal behavior. The City claims it will cooperate with landlords to eliminate nuisance behavior. The City Attorney’s office says they will provide reports and documents to facilitate eviction proceeding and will make available enforcement officers, if properly subpoenaed, to testify at hearings. For more information please contact Rafael Alvarado, Assistant City Attorney at [email protected] or 510583-4456.The City of Livermore is also addressing properties with chronic drug-related problems that create a neighborhood nuisance. Their new ordinance, which the city claims is a “tool of last resort,” allows the city to compel property owners to evict tenants; secure property to prevent unlawful drug activities; provide security and, in the case of rental property, require the owner to actually reside at the property until the nuisance is abated. The city claims there are only a small number of properties causing problems and the new ordinance would only be enforced on a limited basis.For more information please contact Kevin Young, Assistant City Attorney at [email protected] or 925960-4150 or Nikki Aguon, Crime Prevention Specialist, [email protected] 925371-4978.

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