San Mateo moved forward on some slight expansions to Assembly Bill 1482 — the state law limiting annual rent increases and imposing more requirements for just-cause evictions — though some have criticized the changes as lacking meaningful protections.
The push to strengthen tenant protections — which can include policies ranging from relocation assistance to rent control — has gained momentum over the last five years, both at the local and state level. Many cities’ housing plans have started to include provisions to implement various tenant protection programs, ranging from rental assistance, right-of-return policies and registry databases.
San Mateo’s new policies don’t make significant changes, slightly expanding on some of AB 1482’s provisions. For no-fault, just-cause evictions, San Mateo tenants making about 60% of the area median income would be eligible for relocation assistance if they’ve lived there for at least 11 months, instead of 12 months, which is the state requirement.
If a tenant was evicted due to substantial remodel or renovation, they would also have to be explicitly contacted when the unit is back on the rental market again, according to the ordinance, however, no preference would be given to the original tenant. The city plans to provide Samaritan House, administrator of the emergency rental assistance program, with $200,000.
Opinions were mixed on the changes, with some housing providers wary of any policies that could be financially burdensome, while others thought the policies didn’t go far enough.
The City Council discussed the topic in April and had ultimately agreed not to move forward on more expansive suggestions, such as providing assistance beyond the one-month minimum or implementing a rental registry.
Although he ultimately voted for the changes, Deputy Mayor Adam Loraine echoed some public commenters’ concerns that the changes don’t do enough.
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“I wish we had done more to fulfill the protection of current residents to prevent displacement, part of our housing element,” Loraine said. “To me, I saw that as a charge to consider what I feel in April were some fairly minor, common-sense additions to our code.”
In a new report released by Stanford Law School’s Community Law Clinic, which partnered with Legal Aid Society of San Mateo County and Community Legal Services in East Palo Alto, eviction filings in the county increased by 35% between 2019-23. Roughly 80% of the evictions were related to nonpayment of rent.
According to a previous city staff report, San Mateo is just one of four jurisdictions in the county with more than 100 unlawful detainer cases, or special court proceedings to evict tenants, with most of those due to nonpayment of rent.
The city’s updates are more modest compared to other cities of comparable size that have recently passed tenant protection policies. Redwood City’s right-of-return policy states that, should a landlord remodel a unit displacing the renter for more than 30 days, they must reoffer the unit at the same rent and lease agreements agreed upon prior to the upgrades. Relocation assistance for displaced, low-income tenants would also have to comprise three or four months equivalent to the county’s fair market rent levels.
Over the last few years, South City has implemented an emergency rental assistance program, a policy prioritizing South City residents and workers for affordable housing units and most recently added a few other tenant protection ordinances, including a rental inspection program and dedicating vacant city-owned sites to affordable housing.
San Mateo Mayor Rob Newsom maintained the changes were important and impactful, especially in light of economic and funding uncertainty.
“We as a City Council have been doing as best we can and are doing as much as we can to try to make sure we fix and work against the loss of federal funding,” Newsom said.
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