The Los Angeles City Council has a packed agenda today. Among the proposals being considered: requiring businesses to rehire employees based on seniority and a broader ban on evictions than the restrictions passed so far.
Hotel workers who were laid off have called in to urge the council to push forward with the right-of-recall ordinance. Business groups, including hotel industry groups, have raised concerns about the proposed law.
One landlord complains that if some new proposals meant to protect tenants are passed, the city is essentially asking them to house people for free without a "safety net."
A member of the Los Angeles Tenants Union, in turn, argued that tenants shouldn't be able to be evicted for back rent because they won't be able to make up the lost income-- and catch up on unpaid rent -- when they go back to work at the same wages as before.
The City Council is back in session. Lots of 'hot mic' activity happening. I think I just heard Gil Cedillo say something about a haircut?
Council President Nury Martinez, ahead of a vote on a resolution urging the state and federal government to relieve people from paying rent or mortgages during the coronavirus emergency, says there is a "huge misconception" about what L.A. itself is authorized to do.
Councilman Paul Krekorian says that if there isn't major financial assistance from the federal government, they won't be able to provide the kind of relief that renters and property owners need.
Councilwoman Monica Rodriguez warns that "it would be irresponsible for us to provide a false hope to what we can actually legislatively accomplish in this arena" of tenant protections.
This is just me reading tea leaves, but many of these remarks sound like cold water being preemptively thrown on some of the most sweeping proposals being put forward to protect tenants at the meeting today.
The Los Angeles City Council is now taking up a motion to draft a law that would require some businesses to rehire workers they laid off, prioritizing them in order of seniority.
Martinez has introduced a motion to limit the ordinance to workers at bigger hotels; event venues with more than 1,000 seats, such as stadiums and concert halls; some airport workers; commercial properties that employ at least 25 janitorial, maintenance and security workers.
Councilman Joe Buscaino says he's reluctant to support ordinances that single out the hotel industry.
Councilman Mike Bonin says he's worried about watering down the ordinance -- says the hotel workers are singled out because they are among the most vulnerable low-wage workers in Los Angeles.
Councilman John Lee said he remains concerned about some provisions -- including allowing workers to seek punitive damages if their former employers break the rules.
The L.A. City Council is voting on amendments to the proposed law on recall rights. The first vote is on eliminating language creating a "rebuttable presumption that any termination occurring on or after March 4, 2020, was due to a non-disciplinary reason." Fails 7-8.
Next vote is on workers giving employers written notice if they believe they've violated the rules -- along with 15 days to cure the violation. Passes unanimously.
Now they're voting on several proposals from Councilman Lee. The first one, to adjust the definition of a "qualified worker," fails 12-3.
Lee also wants to shorten the amount of time for a worker to respond to a job offer at their former employer to 48 hours. It also fails -- 2-13.
And Lee is asking to eliminate language that allows a worker to be awarded punitive damages if their employer violates the recall rules. It also fails 4-11.
The council unanimously approves an amendment to award "reasonable attorneys fees and costs to an employee who prevails" in any such enforcement action, and "to an employer who prevails and obtains a court determination that the employee's lawsuit was frivolous."
Now the council is voting on whether to exempt hotels with fewer than 150 rooms (instead of fewer than 50.) It fails 4-11.
Council unanimously approves the amendment introduced by Martinez -- to limit right-of-recall to specific industries including hotels with more than 50 rooms, event centers, some airport workers and commercial properties with at least 25 janitorial, maintenance & security workers
The right-of-recall and worker retention ordinances pass unanimously. Story coming soon!
The City Council voted 12-0 to move forward with an emergency rent relief program to assist tenants, with council members Krekorian, Price and Ryu recusing themselves from the vote.
The L.A. City Council is starting to talk about three proposals meant to help tenants: a broader ban on evictions, freezing rents in all units, and barring landlords from evicting tenants in the future if they fail to eventually repay rent that goes unpaid during the emergency.
Councilman Mike Bonin says despite some restrictions on evictions passed already, some landlords are "gaming the system -- and they're doing it because they can, because the system is confusing enough to do so."
Bonin: "What we put in place has not been adequate."
Bonin says despite advice from the City Attorney advising against a broader ban, there is a "significant government interest" in ensuring housing stability and preventing homelessness during the crisis.
David Michaelson from City Attorney's Office says that "with all due respect" to Bonin, "there was quite a bit in what he said that just, frankly, is not accurate."
Michaelson: Most of our legal concerns can be overcome -- but only if the state government suspends applicable laws.
Michaelson says that a legal memo written by attorneys from the Eviction Defense Network and Public Counsel is there "to support the tenants' perspective on this."
Michaelson pinpoints a particular claim in that memo -- says the tenant advocates left out wording that would undermine their arguments and show the governor was restricting the scope of eviction limitations.
Michaelson: "The City Attorney's Office has great sympathies for tenants out there, but we're just calling balls and strikes ... We stand by our advice."
Councilman Bob Blumenfield says that the legal liabilities are very real if the city goes beyond its powers to do these kind of things. He says he'd like to do all these things -- but we need to listen to our City Attorney.
Blumenfield says that to freeze rent across the board, for all units, makes sense, but "to do it despite what we know is the law, and despite what we know our authority is, is frankly irresponsible."
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