TENANT PROTECTIONS DURING CONSTRUCTION SMMC AND

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Presentation transcript:

TENANT PROTECTIONS DURING CONSTRUCTION SMMC 8.100 AND TEMPORARY RELOCATION SMMC 4.36.100 Presented by: Ayde Gonzalez, Neighborhood Preservation Coordinator

TOPICS Active Residential Permits Temporary Relocations Means and Method Plan Habitability Purpose Review Relocation Plan Tenant Noticing Response to Construction Concerns

ACTIVE RESIDENTIAL PERMITS As of 4/6/17: 1064 Active Residential Addition & Alteration Permits Within 704 properties 287 of the 704 are rent controlled properties Alterations that do not require a City building permit: City may be unaware of the impacts of these activities on tenants Platforms, walks and driveways not more than 30” above grade Painting, papering, color texture coating of exterior stucco, and similar finish work Flooring on concrete slab or not weighing more than 4 lbs per sq. ft. Asbestos removal – South Coast Air Quality Management Dept.

TEMPORARY RELOCATIONS 47 Relocations from 1/1/2017 to 4/10/17 Construction impacts on buildings with active permits No heat (2 work without permit) No gas (11 due to owner not paying gas bill) Lack of connection to sewage system Dampness of habitable room, water intrusion Structural – ceiling collapse Asbestos concern (1 work without permit) Lack of toilet Lack of kitchen sink (work without permit) 16 12 6 2 1 Aging Infrastructure - Average age of buildings is 64 years old, ranging from 1931-1979

MEANS AND METHOD PLANS REQUIRED WHEN: Building permit to alter, repair, or rehabilitate any residential dwelling, Tenant occupied, and Construction impacts habitability of ANY unit on the property

HABITABILITY California State Health and Safety Code Section 17920.3 Structural hazards Faulty weather protection Other

PURPOSE Means and Method Plans (MMP) include: Description of construction process Impacts on occupancy Plan to address habitability impacts Assessment if temporary relocation will be required Mitigation measures for construction impacts

REVIEW Tenants are required to receive a copy MMP submitted to City Over the counter Formal plan check – ProjectDox Plan Check Engineers review and approve the plans Compare the description of work on the MMP with the plans or description of work on the permit application Determine if relocation plan is required

RELOCATION PLAN Relocation Benefits Relocation 5 days or less: per diem, comparable housing or safe and sanitary hotel/motel More than 5 days but less than 30 days: per diem or comparable housing Relocation ≥ 30 days: per diem, temporary rental housing Timing of when tenants will be relocated Copy of notice If providing comparable housing, provide verification of sufficient supply of temporary housing type Verification that the owner has adequate resources to provide relocation benefits

TENANT NOTICING SMMC 8.100.040 Permit is issued Preprinted 30”x40” sign provided to applicant

Tenant Noticing SMMC 8.100.040 Construction will not terminate tenancy Owner has 5 days after the permit is issued to provide tenants with notice that includes: Construction will not terminate tenancy Tenant’s right to seek mitigation for construction impacts Right to review and receive approved Means and Method Plan Contact Person responsible to address tenant complaints City contact if plan is violated

Tenant Noticing SMMC 8.100.040 Owner certifies that no work can begin until 5 days after tenant receive the tenant notice.

RESPONSE TO CONSTRUCTION CONCERNS Tenant concerns related to construction are often received by calls to Code Enforcement, Building and Safety, and at times to the Neighborhood Preservation Coordinator. Concerns are addressed in variety of ways: Code Enforcement officers visit the property to assess the concern Determine if habitability is affected Building & Safety call contractors to make them aware of tenant concerns Building & Safety may provide tenants with superintendent and/or general contractor contact information Require permit applicant to revise Means and Method Plan Code Enforcement will investigate potential harassment complaints Refer tenants of controlled units to to Rent Control for construction decrease consideration Building Official may order permit applicant to increase the frequency of construction progress meetings with tenants City staff may meet with permit applicant, owner and/or property management company to address tenant concerns Stop Work Order may be issued