Chapter 6.04
RESIDENTIAL RENTAL REGISTRATION
Sections:
6.04.010 Findings and purpose.
6.04.020 Registration of residential rental units.
6.04.030 Rental registry fees.
6.04.040 Provision of services.
6.04.010 Findings and purpose.
A. Findings. The city council finds and declares as follows:
1. The city has a substantial government interest in regulating the relationship between landlords and tenants in order to increase certainty, stability, and fairness within the rental market.
2. The city finds that this chapter requires only the registration of residential rental units and the collection of fees associated with the registry.
3. The ordinance codified in this chapter is being adopted pursuant to the city’s police power authority to protect the public health, safety, and welfare.
B. Purpose. The purpose of this chapter is to adopt regulations for landlords to register their residential rental units and provide related information to the city on an annual basis. The registration process will allow the city to collect, monitor, and analyze the characteristics of the residential rental units and actual rents in Half Moon Bay. Collected data will be presented in an annual report to the city council. Registration fees collected by separate resolution pursuant to this chapter will be used to manage the registry program which will include data collection and archiving, referrals to mediation and legal services, and education and resource materials for landlords, owners, and tenants in the city. This chapter supports the city’s housing goals and protects public health, safety, and welfare for the residents of Half Moon Bay. This chapter and its implementation are intended to protect the privacy of individual tenants and the proprietary information of landlords and owners, the public release of which could result in a competitive disadvantage. (Ord. C-2024-02 §4 (Att. B), 2024).
6.04.020 Registration of residential rental units.
A. Initial Registration. A landlord must register each residential rental unit that is subject to the provisions of this chapter within sixty calendar days of the effective date of the resolution establishing rental registration fees or July 1, 2024, whichever is earliest. Registration must be completed using forms provided by the city. The forms provided by the city may include a secure internet website with an interface for submitting the information required by this chapter. Registration is complete only when all required information has been provided to the city and all outstanding fees and penalties, if applicable, have been paid. Upon completion of the initial registration of a residential rental unit, the city shall issue a registration statement which shall include the renewal date for the registration of the applicable units. The city may issue a citation and impose a late penalty should a landlord fail to register their residential rental units by the city established deadline.
B. Renewal. Registration of residential rental units shall expire on June 30th of each year. There will be no proration of fees. Registration of residential rental units shall be completed no later than July 31st of each subsequent year. The city may issue a citation and impose a late penalty should an owner/landlord fail to register their residential rental units by July 31st.
C. Residential Rental Registry Information. At minimum, the following information shall be provided as part of the initial and renewal registration of a residential rental unit. Failure to provide the required information or providing false information is a violation of Chapter 4.14, chargeable as a criminal offense.
1. The name, mailing address, phone number, and email of the owner, landlord, and property manager as applicable; and
2. The street address (and unit number where applicable) of each residential rental unit or portion thereof for rent or lease; and
3. The assessor’s parcel number (APN) that each residential rental unit for rent or lease is located; and
4. The number of bedrooms and bathrooms in each residential rental unit, including square footage, for rent or lease; and
5. The occupancy status of each residential rental unit (e.g., vacant or occupied); and
6. Reason for vacancy (e.g., lease expiration, voluntary move-out or eviction); and
7. The number of individuals currently residing in the unit, if occupied; and
8. Where applicable, the number of rooms individually rented; and
9. The current amount of the monthly rent charged for each residential rental unit, identifying whether the monthly rent includes specified utilities (e.g., water, sewer, solid waste disposal, natural gas, electricity, etc.); and
10. Whether or not the unit’s monthly rent is subsidized (e.g., such as through a housing voucher or another subsidy).
D. Termination of Exemption. When a residential rental unit, previously deemed to be exempt from this chapter becomes governed by this chapter, the landlord must register the residential rental unit with the city within forty-five calendar days of the change in status. It shall be the responsibility of the landlord to inform the city. Failure to provide notice will be subject to enforcement by the city including issuance of citation(s).
E. Registration Amendment. A landlord shall notify the city if there is a change to the registration information for any residential rental unit. A landlord shall contact the city within thirty calendar days of a change in a residential rental unit’s ownership or management, or a change in the owner’s, landlord’s or property manager’s contact information. Failure to update information is subject to enforcement by the city including issuance of citation(s).
F. Administrative Regulations. The city may promulgate administrative regulations and operational procedures to implement the provisions of this chapter.
G. Collecting and Keeping Confidential Residential Rental Registry Information.
1. The city council recognizes that the residential rental registry information, if publicly disclosed, could reveal the rent that a tenant pays for a residential rental unit or other proprietary information of an owner or landlord that could create a competitive disadvantage for every landlord or owner required to comply with this chapter.
The city council also recognizes that the Public Records Act (Government Code Section 6250 et seq.) generally requires the city to make available to the public information in its possession that relates to the conduct of the public’s business. The Public Records Act contains exceptions intended to protect the privacy of individuals and the proprietary information of businesses that is in the city’s possession only because of a legal requirement to provide it to the city in connection with a regulatory program.
The city council declares that the residential rental registry information shall be received in confidence, and that the public interest in nondisclosure of the residential rental registry information clearly outweighs the public interest in disclosure.
2. The city council anticipates that residential rental registry Information will be kept in a secure database. The database containing residential rental registry information may be utilized by city staff to assist in administration of any subsequent adopted rent control ordinance and/or tenant protections ordinance. It is also anticipated that the database will be used to generate reports necessary to inform and manage housing programs as well as supplement other data sources utilized in preparation of the city’s housing element or required annual housing element progress reports made to the state Department of Housing and Community Development. The city anticipates generating reports which may include, but are not limited to:
a. The number of residential rental units per building and/or assessor’s parcel;
b. The number and type of rooms in a residential rental unit on each assessor’s parcel;
c. The size of residential rental units, expressed in square feet;
d. The rent for residential rental units, classified only by range of size (square feet and bedrooms) and type of residential rental units (apartment, single-family detached, single-family attached, accessory dwelling unit);
e. Average and/or median rent for residential rental units by range of size (square feet and bedrooms) and type of residential rental units (apartment, single-family detached, single-family attached, accessory dwelling unit);
f. The average length of occupancy or vacancy of residential rental units classified by range of size (square footage), number of bedrooms, and type of residential rental unit.
The residential rental registry information listed in this subsection shall be the only residential rental registry information released in response to a request made under the Public Records Act. The city will not disclose residential rental registry information for residential rental units in a manner that identifies the rent for any individual rental unit. Residential rental registry information shall not include identifying information regarding an individual tenant or property manager. These limitations do not apply to the extent the requested records are already public or if required by a court of law.
3. The administrator may generate additional reports from the residential rental registry information database for the purposes of this chapter. Such reports shall be released to the public only if kept in the normal course of city business and only after redacting any residential rental registry information that would improperly intrude into the personal privacy of tenants or reveal landlord/owner proprietary information that could result in a competitive disadvantage.
4. The administrator, in consultation with the city attorney, may authorize the release of other residential rental registry information that would be otherwise confidential if it is determined that the release is legally required or the public interest in disclosure would clearly outweigh the public interest in nondisclosure. (Ord. C-2024-02 §4 (Att. B), 2024).
6.04.030 Rental registry fees.
A. Rental Registry Fees. Each landlord shall pay the required residential rental registry fee as set forth by resolution of the city council. The rental registry fee shall be imposed annually for each rental unit with no proration. The fees shall be used to defray the reasonable costs associated with the implementation and administration of this chapter, including costs of creating the portal for intake of registrations, maintenance of a database for residential rental registry, reporting, financial administration, enforcement of the registration required by this chapter, outreach, education, conflict resolution, and other related services as deemed appropriate by the city and included in the user fee calculation.
B. Late Fees; Penalties. A landlord’s failure to pay the annual residential rental registration fees required by this chapter shall result in the city taking the following actions:
1. Issue a delinquency notice to the landlord/owner that provides up to fifteen calendar days to pay the amount due.
2. If not paid within fifteen calendar days following the issuance of the delinquency notice, the city shall assess a penalty of ten percent of the residential rental registry fee, due and payable with the compliance fee on the first day of the month following the due date provided in the delinquency notice.
3. For every thirty calendar days thereafter that the residential rental registry fees remain unpaid, the city shall assess a penalty of ten percent of the rental registry fee. If the rental registry fees remain unpaid within ninety calendar days following the issuance of the delinquency notice, the landlord shall be subject to a citation described in Chapter 4.16 (Administrative Enforcement).
The city may collect any past due residential rental registry fees and late payment penalties by use of all available legal means, including, but not limited to, means available for the collection of judgments, liens, and actions for recovery of money. The city also may recover its collection costs.
C. Residential Rental Registry Fees Pass-Through. A landlord/owner may not explicitly recover any portion of the residential rental registry fee, or any associated late penalties or enforcement costs, from tenant(s).
D. Exemptions. Fees shall not apply to the following residential rental units:
1. Subsidized Residential Rental Units. Registration fee is required for any unit which is one hundred percent restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable to persons and families or very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
2. Accessory Dwelling Units. Accessory dwelling units are exempt from payment of fees if the primary dwelling is owner-occupied and the accessory dwelling unit is occupied by the landlord’s immediate relative, and the occupant is not paying rent or receiving discounts on rent payments in exchange for other services provided, including but not limited to property maintenance or caretaking services. An “immediate relative” of the landlord may be the landlord’s spouse, domestic partner, children, grandchildren, parents, or grandparents.
3. Accessory Dwelling Units as Short-Term Vacation Rental (STR). An accessory dwelling unit utilized and registered as a short-term rental under continuation provisions contained in the municipal code shall be exempt from registration and fees until such time the unit is converted to a residential rental unit.
4. Mobile or Manufactured Home. Registration of a mobile or manufactured home that is owner-occupied shall not be subject to registration even if the unit is subject to lot or space rental. Registration is required for a mobile or manufactured home unit which is rented or leased regardless of whether or not the unit is subject to lot or space rental. (Ord. C-2024-02 §4 (Att. B), 2024).
6.04.040 Provision of services.
A. The residential rental registration fee approved by resolution of the city council may, in addition to covering costs of operation and administration of the residential rental registry, include costs of providing services to landlords and tenants in the city. These services may include, without limitation, the following:
1. Website content regarding landlord/tenant services and resources; and
2. Referrals to landlord/tenant resources which may include dispute resolution services through website content and a dedicated phone line and email; and
3. Education and outreach to landlords and tenants, such as handouts, mailings, and webinars about rights and obligations; and
4. Any other services for landlords and tenants as deemed appropriate by the city. (Ord. C-2024-02 §4 (Att. B), 2024).
6.04.050 Miscellaneous.
A. Annual Review. The administrator shall annually prepare a report to the city council assessing the effectiveness of the program established under this chapter and may recommend changes.
B. Business License. Nothing precludes the city council from pursuing an amendment of the municipal code to apply business licensing provisions to all or some residential rental units within the city limits. (Ord. C-2024-02 §4 (Att. B), 2024).
6.04.060 Enforcement.
A. Any person violating a provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of a misdemeanor or an infraction and may be subject to the penalties prescribed in Title 4.
B. In addition to an administrative remedy or penalties available to the city, in law or equity, the city may enforce the terms of this chapter through the administrative citation procedures provided in Chapter 4.16 (Administrative Enforcement).
C. The city attorney may bring a civil action to seek redress for any violation(s) under this chapter on behalf of the city. In any such relief, the city shall recover all civil penalties prescribed in provided Title 4 and any other relief the court deems proper. (Ord. C-2024-02 §4 (Att. B), 2024).