Sec. 8-2.02. Registration of rental units.
A. Initial Registration.A landlord must register every rental unit that is subject to the provisions of this Article, or file a claim of exemption pursuant to subsection (D) of this section, within sixty (60) days of the effective date of the ordinance codified in this Article. Landlords shall complete the registration on forms provided by the City. The forms provided by the City may include a secure internet website with an interface for submitting the information required by this Article. Registration is complete only when all required information has been provided to the City and all outstanding fees and penalties, if applicable, have been paid. Upon completion of the initial registration of a rental unit, the City shall issue a registration statement, which shall include the renewal date for the registration of the applicable units. The City may issue an administrative citation and impose a late penalty should a landlord fail to register their rental unit(s), or file a claim of exemption, within sixty (60) days of the effective date of this Article.
B. Registration Renewal.Unless a registration statement provides otherwise, registration of the rental units shall expire on June 30th of the year following the issuance of a registration statement. Registration of rental units shall be renewed annually. Payment is due to the City of Monterey on July 1st each year. The City may issue an administrative citation and impose a twenty percent (20%) late penalty on August 15th, and an additional penalty of ten percent (10%) on the fifteenth of each month thereafter until the fee and penalty are paid; provided, that the amount of such penalty to be added shall in no event exceed fifty percent (50%) of the amount due should a landlord fail to register their rental unit(s) by 12:00 midnight on August 15th of each year.
C. Rental Inventory Information.At minimum, the following information below shall be provided as part of initial and renewal registration of a rental unit. Failure to provide information required or providing false information shall be a violation of the Monterey City Code and enforceable as set forth in Section 8-2.05.
1.The name, address, and phone number of the landlord, including any on-site or off-site property manager or property management company;
2.The street address and/or assessor’s parcel number (APN) of each rental unit for rent or lease;
3.The year the property was built and the number of rental units on the property;
4.The number of bedrooms and bathrooms in each rental unit, including square footage, for rent or lease;
5.The occupancy status of each rental unit (e.g., vacant or occupied) and reason for vacancy, if applicable;
6.For each occupied rental unit, the current amount and date of the monthly rent received for each rental unit, identifying whether the monthly rent includes utility charges and housing service charges;
7.For a rental unit in a condominium or other common interest development, the amount of the homeowners’ association fees, regular and/or special assessments, or other similar charges paid to an association;
8.Whether or not the tenant receives a housing voucher or other rental subsidy;
9.Any other information deemed necessary by the Community Development Director to implement the provisions of this Article.
D. Exemptions.Any owner who owns and manages three (3) or fewer rental units within the boundaries of the City and who has filed a claim for exemption with the City is exempt from the registration requirements established by this section and from the payment of rental inventory fees required by Section 8-2.03.
1. Termination of Exemption.When a rental unit that was exempt from this Article becomes governed by this Article for the first time, the landlord must register the rental unit with the City within thirty (30) days after the exemption has ended.
E. Registration Amendment.A landlord shall notify the City if there is a change to the registration information for any rental unit within thirty (30) days of the change. Changes that are subject to the registration amendment requirement include:
1.A change in a rental unit’s ownership or management, or a change in the owner’s or manager’s contact information;
2.A rent increase for any rental unit, including the amount of the rent increase and the effective date of the rent increase; and
3.A change in the occupancy status of a rental unit, including the reason for which the prior tenancy was terminated.
F. Administrative Regulations.The Community Development Director may promulgate administrative regulations to implement the provisions of this Chapter.
G. Rental Inventory Database.The City anticipates that rent inventory information will be kept in a rental inventory database. The database containing rent registry information shall be created and maintained such that it can generate reports for the City’s internal use.
1. Public Database.The Community Development Director, or their designee, shall add a publicly accessible portion of the rental inventory database for the purposes of providing the public with information about rental units in the City. The public database shall show the following information:
a.The street address and/or assessor’s parcel number (APN) of each rental unit for rent or lease;
b.The year the property was built and the number of rental units on the property;
c.The number of bedrooms and bathrooms in each rental unit, including square footage, for rent or lease;
d.The occupancy status of each rental unit (e.g., vacant or occupied); and
e.For each occupied rental unit, the total current amount of monthly rent received for the rental unit.
f.The number of exemptions claimed under subsection (D) of this section.
2. Confidential Rental Inventory Information.The City Council recognizes that some of the rental inventory information constitutes personal identifying information (PII) or proprietary information of a landlord that could create a competitive disadvantage for every landlord required to comply with this Chapter. The City Council also recognizes that the Public Records Act (Government Code § 6250, et seq.) generally requires that the City make available to the public information in its possession that relates to the conduct of the public’s business. The Public Records Act contains several exceptions intended to protect the privacy of individuals and the proprietary information of businesses that is in the City’s possession only because of a legal requirement to provide it to the City in connection with a regulatory program. Except for the rental inventory information enumerated in subsection (G)(1) of this section the City Council declares that all other rental inventory information shall be received in confidence, and that the public interest in nondisclosure of such rental inventory information clearly outweighs the public interest in disclosure.
3. Other Reports.The Community Development Director may generate additional reports from the rental inventory information database for the purposes of this Chapter. Such reports shall be released to the public only if kept in the normal course of City business and only after redacting any rental inventory information that would improperly intrude into personal privacy of tenants or reveal landlord proprietary information that could result in a competitive disadvantage.
4. Legal Disclosure Required.The Community Development Director, in consultation with the City Attorney, may authorize the release of other rental inventory information that would be otherwise confidential if they determine that the release is legally required or the public interest in disclosure clearly outweighs the public interest in nondisclosure.
H. Annual Review and Report.The Community Development Director shall annually prepare a report to the City Council assessing the effectiveness of the program established and this Chapter and may recommend changes based on the findings made in the report. (Ord. 3671 § 5, 2023)