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CC - ACTION ITEM: (1) FOUR-FIFTHS VOTE REQUIREMENT: Adoption of an Urgency Ordinance establishing a Right to Counsel Program to Provide Free Legal Support to Tenants in Response to the Recent Wildfires; and (2) Provide Direction to the City Manager as Deemed Appropriate.
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Meeting Date: March 17, 2025
Contact Person/Dept.: Shannon Louis, Housing and Human Services Department
Christina Burrows, Assistant City Attorney
Phone Number: (310) 253-5787
(310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [X] No []
Public Notification: (E-Mail) Meetings and Agendas - City Council (03/12/2025)
Department Approval: Tevis Barnes, Housing and Human Services Director (03/10/2025); Heather Baker, City Attorney (03/11/2025) _____________________________________________________________________
RECOMMENDATION
Staff recommends the City Council (1) adopt an urgency ordinance establishing a Right to Counsel Program to provide free legal support to tenants in response to the recent wildfires (four-fifths vote requirement); and (2) provide direction to the City Manager as deemed appropriate.
BACKGROUND
On September 29, 2020, the City Council adopted Ordinance No. 2020-015, which amended Culver City Municipal Code (CCMC) Chapter 15.09 to establish permanent residential tenant protections. CCMC Section 15.09.320.D contains provisions for evictions, allowing landlords to recover possession of a rental unit only for specific For Cause or No-Fault reasons.
At its January 27, 2025 meeting, City Council requested that a discussion be placed on the agenda to address a pause on rent increases and a moratorium on evictions to address the recent wildfires. At its February 24, 2025 meeting, City Council moved the discussion to its March 3, 2025 meeting to await the Los Angeles County (County) Board of Supervisor’s (Board or Supervisors) February 25, 2025 decision establishing an affirmative defense to evictions due to nonpayment of rent between February 1, 2025 and July 31, 2025 for financially impacted tenants related to the recent wildfires. At its March 3, 2025 meeting, City Council requested staff to return with an urgency ordinance establishing a Right to Counsel Program to provide legal support to tenants in response to the recent wildfires.
DISCUSSION
In preparing the draft urgency ordinance, City staff reviewed the City’s current legal services agreement with Bet Tzedek and the Right to Counsel programs provided by the City’s neighboring jurisdictions.
Culver City’s Current Legal Services Agreement with Bet Tzedek
The City currently contracts with Bet Tzedek to provide free legal services to Culver City tenants. Bet Tzedek is a private, non-profit organization offering a variety of legal services, in LA County-and specifically provides free legal services, including and up to full representation, to Culver City residents. The City’s contract with Bet Tzedek designates a full-time attorney who is knowledgeable about California landlord-tenant law, Federal Fair Housing law, the City’s Rent Control and Tenant Protections Ordinances, and issues such as those arising from the recent wildfires - including evictions due to nonpayment of rent, to assist Culver City residents. Bet Tzedek’s contract also includes a dedicated hotline and email address.
Since May 2022, Bet Tzedek has held free weekly legal clinics where Culver City residents can receive one on one legal assistance on their specific housing issues. The format of the weekly clinics includes three dedicated 30 minutes timeslots and an open session on where tenants can “drop-in” for assistance. Since the start of Fiscal Year 2024/2025, there have been 34 legal clinics.
Currently, tenants who contact the City for assistance with housing issues that are not within the scope of the Rent Control and Tenant Protections Ordinances are referred to Bet Tzedek for support and legal guidance - especially tenants who have been issued eviction notices/unlawful detainers. During an average week, Bet Tzedek assists anywhere from 3 to 4 tenants at the weekly legal clinics, and an additional 5 to 6 tenants who reach out via phone or email. While every tenant is entitled to request support from Bet Tzedek for legal defense, regardless of income level or any other factors, every tenant may not be provided services depending on the workload of the Bet Tzedek attorney.
Right to Counsel Programs in Other Jurisdictions
Los Angeles County (LA County)
LA County’s Tenant Right to Counsel Ordinance (TRTCO) established a right to counsel program mandating free legal services to eligible tenants living in the unincorporated areas of LA County during eviction/unlawful detainer proceedings. To be eligible for services, tenants must:
1. Have received an eviction notice (unlawful detainer)
2. Live in unincorporated LA County; and
3. Have a household income at or below 80% of the AMI, as defined by the California Department of Housing and Community Development.
The TRTCO also requires that landlords provide notice to tenants of their right to counsel. The required notice must be provided in English and the language of the rental agreement, attached to any notice of eviction issued on the tenant, and posted at the property at all times.
Los Angeles City (LA City)
In February 2023, LA’s City Council directed staff to return with a right to counsel ordinance to provide services to free legal services tenants at or below 80% AMI facing eviction or termination of a housing subsidy. The ordinance has since been revised to not allow for tenants who reside in the same unit as their landlord to be extended legal services under these protections. As of the date of this staff report, the ordinance is still pending approval by LA’s City Council.
Santa Monica
In April 2021, the City of Santa Monica launched a pilot right to counsel project contracting with Legal Aid Foundation of Los Angeles (LAFLA), a non-profit law firm for low-income residents, to provide full-scope eviction defense services to tenants facing eviction during the COVID-19 pandemic. Santa Monica also restricts services to households with incomes at or below 80% of the County’s AMI.
Stay Housed LA
Tenants can also obtain services through Stay Housed LA. Stay Housed LA is a partnership between LA County, the City of Los Angeles and local community and legal service providers. Stay Housed LA helps tenants to understand their rights and free legal assistance - if eligible, such as responding to notices, short-term rental assistance, and access to other resources.
To be eligible for services with Stay Housed LA, tenants must have received an eviction notice, live in LA County - incorporated areas are eligible, and have an income at or below 80% of the AMI, as defined by the California Department of Housing and Community Development. In an effort to provide services to the most vulnerable communities, Stay Housed LA prioritizes services to residents in targeted zip codes.
Proposed Tenant Right to Counsel Urgency Ordinance
The proposed urgency ordinance establishes a Tenant Right to Counsel Program (“Program”) that provides Culver City tenants with an attorney during eviction proceedings. The Program is modeled after Culver City’s existing agreement with Bet Tzedek (discussed in more detail above).
The ordinance establishes the following standards for the Program:
• The Program is subject to annual appropriations, meaning it will continue as long as funding is appropriated for it. In the event the demand for Program services exceeds the available Program funds or resources, the Housing and Human Services Department is authorized to prioritize the provision of services.
• The Program is available to Culver City tenants, meaning tenants who reside in a rental unit in the City. Culver City tenants are eligible for free legal services related to an unlawful detainer proceeding or equivalent legal proceeding to terminate the tenancy of a tenant.
• The Housing and Human Services Department is authorized to issue Program Guidelines.
• The Housing and Human Services Department will engage and educate tenants about the Program.
• The Program does not create an attorney-client privilege between tenants and the City.
• Retaliation or harassment against a tenant for participation in the Program is prohibited.
Unlike the County of Los Angeles program, the City of Santa Monica program, and the proposed City of Los Angeles program, the City’s agreement with Bet Tzedek does not limit legal services to tenants of a specific income level. The proposed urgency ordinance does not limit the Tenant Right to Counsel to tenants of specific income levels, but it does give the Housing and Human Services Department the authority to prioritize the provision of services in the event that demand exceeds available Program funds or resources.
An urgency ordinance does not require an introduction (first reading), requires a four-fifths vote for adoption, and takes effect immediately.
Per the direction of the City Council, the Tenant Right to Counsel Program will be incorporated into the Culver City Municipal Code (CCMC) as part of the updates to the Rent Control and Tenant Protections Ordinances that will be presented to City Council in the coming months. Staff will recommend repeal of the urgency ordinance once these protections become effective in the CCMC.
FISCAL ANALYSIS
There is no expected fiscal impact on the City’s budget related to codifying the City's current service model with Bet Tzedek to establish a Right to Counsel Program in response to the recent wildfires. If Council gives direction to change Bet Tzedek’s level of service, there could be a fiscal impact associated with an amendment to their agreement.
ATTACHMENTS
1. Tenant Right to Counsel Urgency Ordinance
MOTIONS
That the City Council:
1. Adopt an urgency ordinance establishing a Right to Counsel Program to provide free legal support to tenants in response to the recent wildfires (four-fifths vote requirement); and
2. Provide direction to the City Manager as deemed appropriate.