Sec. 8-2.01. Definitions.
A.“City” means the City of Monterey.
B.“Community Development Director” means the director of the Community Development Department of the City of Monterey or their designee. A designated representative may include City staff and/or a party or organization contracted by the City to provide the necessary services to implement the procedures contained in this Article.
C.“Department” means the Community Development Department of the City of Monterey.
D.“Effective date” of this Article shall be January 1, 2024.
E.“Housing service charges” means any charges for laundry facilities and privileges, janitor services, refuse removal services, furniture, furnishings, parking, pets, and any other amenity, benefit, privilege, or facility connected with the use or occupancy of any rental unit.
F.“Landlord” means an owner, lessor, or sublessor of residential real property who receives or is entitled to receive rent for the use and occupancy of a rental unit or a portion thereof, and includes any legal entity or other individuals, employees, agents, contractors, and subcontractors that comprise or represent the landlord.
G.“Owner” means any owner of record, corporation, limited liability company or other corporate or business entity, or separate entities in which any shareholder, partner, member, or family member of an investor in the entity owns ten percent (10%) or more of the interest in the rental unit.
H.“Owner of record” means a natural person, who is the owner of record holding an interest equal to or greater than thirty-three percent (33%), but not including any lessor, sublessor, or agent of the owner of record.
I.“Principal residence” means the owner of record’s usual place of return. To classify a unit as an owner of record’s principal residence does not require the owner of record to be physically present in the unit at all times or continuously, but does require that the unit be where the owner of record actually resides a majority of the time. Factors that are indicative of primary residence include but are not limited to:
1.The owner of record carries on basic living activities at the subject premises for extended periods;
2.The subject premises are listed with public agencies, including but not limited to federal, state and local taxing authorities, as the owner of record principal residence;
3.Utility charges and other charges and fees associated with usage of the structure are billed to and paid by the owner of record at the subject premises;
4.The owner of record does not file for a homeowner’s tax exemption for any different property;
5.Ownership is held in the name of the owner of record claiming principal residence and not by a limited liability corporation or other corporate or business entity.
J.“Rent” means a fixed period compensation paid by a tenant at fixed intervals to a landlord for the possession, use, and occupancy of a rental unit as defined by the rental agreement between the landlord and the tenant. Rent excludes pass-through costs and ancillary costs paid separately to the landlord for parking, storage, utilities, water, garbage, or any other fee or charge associated with the rental unit.
K.“Rental housing agreement” means an agreement, oral, written, or implied, between a landlord and tenant for use or occupancy of a rental unit and any attendant housing services.
L.“Rental inventory fees” means the fee required to be paid by a landlord pursuant to Section 8-2.03.
M.“Rental inventory information” means the information required to be submitted to the City by the landlord of a rental unit pursuant to this Article.
N.“Rental unit” means a habitable structure offered for rent and used as a place of permanent or customary and usual abode of a tenant. Rental unit includes a room in a dwelling unit that is shared with the landlord, a single-family residence, an accessory dwelling unit, a junior accessory dwelling unit, a condominium or other unit in a common interest development, a mobilehome or manufactured home, a building, a group of buildings or portion of a building used and/or designed as dwellings. A rental unit shall not include:
1.Housing accommodations in a visitor accommodation facility, group housing, supportive housing, transitional housing, general residential care and bed and breakfasts as those terms are defined or used in the City’s Zoning Ordinance.
O.“Security deposit” means any payment, fee, deposit, or charge, including, but not limited to, an advance payment of rent, used or to be used for any purpose, including but not limited to the compensation of an owner for a tenant’s default in payment of rent, the repair of damages to the premises caused by the tenant, or the cleaning of the premises upon termination of the tenancy exclusive of normal wear and tear.
P.“Tenant” means any renter, tenant, subtenant, lessee or sublessee of a rental unit, or any group of renters, tenants, subtenants, lessees or sublessees of a rental unit, or any other person entitled to the possession, use and/or occupancy of such rental unit, or any successor of any of the foregoing.
Q.“Utility charges” means any charges for gas, electricity, water, garbage, sewer, telephone, cable, internet, or other service relating to the use and occupancy of a rental unit. (Ord. 3671 § 5, 2023)