Report Prepared by: Craig J. Cornwell, City Attorney
Title
SUBJECT: Presentation and Discussion of Proposed Repeat Housing Code Violators Program Ordinance Adding a New Chapter 8.53 to the Merced Municipal Code
REPORT IN BRIEF
Staff is requesting the City to consider creating a Repeat Housing Code Violators Program to establish standards and procedures to penalize rental property owners who demonstrate a pattern of neglect, unresolved violations and unsafe conditions for tenants to maintain appropriate rental housing supply standards within the City of Merced.
RECOMMENDATION
City Council - Provide comments and suggestions to staff on the next steps.
Body
ALTERNATIVES
1. Request additional information; or
2. Continue the matter to a date certain; or
3. Decline to act.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the 2025-26 Adopted Budget.
DISCUSSION
The City of Merced (“City) has authority to regulate code violations, nuisances and property maintenance for public health, safety, and welfare reasons, aligning with applicable state law. This discussion item changes came about after discussion at the subcommittee level and now staff has agendized an informational session for this City Council of the City of Merced (“Council”) scheduled meeting wherein initial input is sought from the entire Council and the public.
The Council recognizes that the maintenance and preservation of existing rental housing properties is of tremendous importance. Rental housing provides needed affordable housing for many and is an asset that must be preserved and maintained. The City has a significant interest in ensuring that safe and habitable rental housing remains a desirable housing option for its citizens.
Over time, rental housing often deteriorates due to intentional and unintentional neglect by property owners, managers, and tenants. This deterioration often results in substandard conditions that adversely affect the economic value of neighborhood structures and are hazardous to public health and safety. In some cases, property owners choose not to make the necessary repairs due to the associated costs. In other cases, the necessary repairs are not completed because tenants fail to report deficiencies out of a lack of knowledge or a fear of being evicted for doing so. In some instances, a small number of rental property owners have demonstrated a persistent pattern of neglect, violations, and unsafe housing conditions that burden tenants, neighborhoods, and City resources.
This Repeat Housing Code Violators Program seeks to strategically and fairly address the most egregious housing violators. Staff is proposing to establish standards and procedures to penalize rental property owners who demonstrate a pattern of neglect, unresolved violations and unsafe conditions for tenants to preserve rental housing supply.
The City of Merced recognizes the importance of safeguarding the health and safety of residents living in substandard multi-unit housing and acknowledges the importance of maintaining safe residential living conditions. The adoption of this resolution and policy provides procedures for the enforcement of housing regulations and the maintenance of habitable living conditions that protect the wellbeing of residents and complies with state law.
Attachments
1. 20260316 Council Rental Housing Presentation
2. Repeat Housing Code Violators Ordinance
3. Notice of Designation - Repeat Housing Offender
4. Tenant Relocation Assistance Overview (HSC 17975 et. seq.)