Write it Down!

The difference between winning and losing an eviction battle or a small claims case for money damages is often that the winning party—property owner or tenant—made a note of what happened, wrote a confirming letter, or had a written agreement. Often the outcome of a dispute hinges on convincing a judge that your version of the facts is true. You have an advantage if you took the time to write down the facts, particularly if a long time has passed since the events took place and your memory has faded.

Whenever possible, insist that agreements made during a tenancy be put in writing to avoid misunderstandings later. The agreement doesn’t have to look like a formal document. It should be legible and clearly state what has been agreed upon, and be dated and signed by the parties.

Even if you don’t have a signed written agreement, you can still create a record by sending a letter to the other party stating the agreement you made with them.

When an incident occurs, take the time to write a note including the date, time and location of the event, who was there, and what was said. If that incident later becomes the basis of a dispute, your notes will refresh your memory and help you to be a more convincing witness.

To avoid disagreements about security deposit refunds, it is also a good idea for owners and tenants to “walk-through” units before the tenant moves in and make notes and take photographs of any existing damage or other conditions. A walk-through with photographs and notes should also be done at the end of the tenancy.

And, of course, the primary written agreement is the lease or rental agreement signed by both parties.  It will determine many issues over the months and years of tenancy.  Tenants are advised to carefully read and understand their legally binding rental agreement before signing.

View Rent Control Meetings Live or Replayed

If you can’t make it to City Hall in person to attend a Rent Control Board meeting, catch the Board in action on CityTV.  You can watch live, gavel-to-gavel coverage of Santa Monica Rent Control Board meetings on CityTV, cable channel 16 in Santa Monica.  People who do not have access to Channel 16 can watch Rent Control Board meetings live on the web through a netcast on the City of Santa Monica’s website at www.smgov.net . Call Rent Control at (310) 458-8751 to learn when the next Thursday night meeting will be held.

If you missed a meeting, replays are available on CityTV2, cable channel 20.  The meetings replay on Mondays at 1 p.m., Wednesdays at 7 a.m., Fridays at 7 p.m., and Saturdays at 7 a.m. in the week following the original broadcast.

Another way to view a past meeting is on your computer through streaming video on the Rent Control Board website.  Go to www.smgov.net/rentcontrol and click on Rent Control Board Meeting Video Archive.  You can view any meeting held during the past three and a half years.  An agenda for the meeting is displayed, allowing viewers to jump ahead to a particular item of interest during the meeting.

Coming Soon: Video Maintenance Seminar On-line

Rental properties in Santa Monica are required to be maintained according to state, county and local laws. To help owners and tenants understand local habitability requirements, Rent Control staff and Code Compliance Officers from the City’s Building and Safety Department held a joint seminar on maintenance of rental property in September 2009. With the help of City TV, the seminar was videotaped. A link to the videotaped seminar will be available on the Rent Control website at www.smgov.net/rentcontrol in early 2010. Be sure to check out this on-line seminar to learn about required maintenance, possible tenant remedies and potential consequences if residential repairs are not made in the City of Santa Monica.

Community Corporation of Santa Monica to Create New Affordable Housing Marketing List for 2010: Process Begins in December

Community Corporation of Santa Monica (CCSM) is a non-profit organization committed to providing affordable housing to limited income individuals and families. Each January, CCSM creates a new list of interested people seeking affordable housing in Santa Monica. Persons on the 2009 list must reapply to be on the 2010 list.

The first step in the process takes place December 7 through December 30 when interested people may pick up an appointment card on Mondays through Thursdays between 8 a.m. and 5 p.m. and on one Friday, December 11 between 8 a.m. and 12 p.m. at 502 Colorado Ave., first floor Community Room, in Santa Monica.  The appointment card is your ticket to attend a mandatory seminar in January where CCSM representatives will assist applicants in the first step of the process which is to fill out a questionnaire.  After the 2010 Marketing List is compiled, CCSM will notify potential applicants by postcard that that they are on the marketing list. And then during the year CCSM will notify qualified applicants when vacancies become available that match a household’s size and income level.

CCSM receives more than 3,000 applications each year and usually have between 80 and 120 vacancies each year.

For more information call CCSM at 310-394-8487 or visit www.communitycorp.org.

Registration Fee and Surcharge Waivers for Qualifying Tenants and Owners

The annual Rent Control registration fee, initially paid by owners for each rent controlled unit, pays for the administration of the Rent Control Law.  Owners who paid this year’s fee by August 3, 2009, may be reimbursed by adding $13 to a tenant’s monthly rent for a 12-month period.

The Board will waive the registration fee for most units occupied by very low-income seniors (62 years or older) or very low-income disabled tenants (exceptions are specified in Regulation 11200). To qualify for a waiver, the tenant’s total household gross income must be less than the following:

Fee waivers are also available for certain other units:

Section 8 fee waiver--Units participating in the Federal Section 8 housing program;

Owner-occupied fee waiver--A unit occupied by an owner who has at least a 25% interest in the property; and

Single Family Home or Separately Sold Condominium fee waiver--Homes or ondominiums that are occupied by tenants who moved in after 1996, are owner-occupied, or are currently vacant.

Waiver of the Clean Beaches and Ocean Parcel Tax Surcharge:

Low income property owners and tenants may qualify for a waiver of the Clean Beaches & Ocean Parcel Tax that appears on the owner’s property tax bill.  To qualify as low-income, the owner or tenant’s annual income may not exceed $26,152 for a one-person household or $29,968 for a household with two or more persons.

Requests for registration fee waivers and surcharge waivers must be submitted on forms provided by the Rent Control Board with required supporting documentation. For additional information, or to obtain an application for these waivers, contact an Information Coordinator at (310) 458-8751 or go to the Rent Control website at www.smgov.net/rentcontrol.

Some Owners are Exempt from Measure R Assessment

Owners who are at least 65 years old by June 30 of the year of application and who own and occupy their property as their primary residence, may apply for an exemption from the School District for the full amount of this tax (currently $346 per parcel).  Applications for exemption must be submitted to the School District by July 31^st each year; once an exemption is granted, a renewal form is automatically sent to the owner each year.  Requests for exemption from Measure R are handled by the School District.  First time applicants may call 310-450-8338 Ext. 269 for an application to be sent in May 2010 or print the application from the District’s website www.smmusd.org.

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2010 Census: It’s in Our Hands
Your Participation Matters!

The United States Census is a count of everyone residing in the United States and is required to be done once every 10 years. All United States residents are counted, both citizens and non citizens. This includes people of all ages, races, and ethnic groups.

It is important for everyone to participate in the 2010 Census. The results, in part, determine the distribution of $300 billion annually of government funding for critical community services such as school and senior center lunch programs, upgrades to school and city buildings, and homeless prevention.  Census data also determine boundaries for state and local legislative and congressional districts.

You will receive your Census questionnaire in March 2010 either by U.S. mail or hand delivery. The Census questionnaire asks only a few simple questions of each person- name, relationship to other household members, gender, age and date of birth, race, and whether the respondent owns or rents his or her home. The short questionnaire takes just a few minutes to complete and return by mail.It can be made available in any language.

By law, the Census Bureau cannot share an individual’s responses with anyone, including other federal agencies and law enforcement entities. The Census Bureau protects information that identifies respondents or their households for 72 years. So, please take the time fill out the questionnaire when you receive it and return it quickly.

For more information about the Census 2010, please go to the web site at www.census.gov/2010census  or call (866) 861-2010.