“I spoke with the city attorney yesterday and she indicated the city isn't taking a stance on whether tenants are owed compensation for the lawsuit delay.”
However doesn’t the city charter state that the City Council is compelled to comply with thje City Charter? It seems the City Council is trying to duck their obligations in this situation The Section 506 of the City Charter requires compliance with the City Charter because it is specifically restricted from non-compliance The City Charter states:
“Section 506. - Powers vested in the council.
All powers of the city, except as otherwise provided in this Charter, shall be vested in the council, and said council may establish the method by which any of such powers may be exercised.”
So the City must act in compliance with the Charter. Since when does the City Council have discretion whether to comply with the City Charter? This position is simply wrong and without any justification on the part of the City Council or the City Attorney.
She also said:
“She made it clear that there could be an argument made that tenants deserve some compensation, but she said that question will be sorted out either through independent lawsuits or perhaps by the rental housing committee. “
So did she in fact state that the delays caused by the City Attorney warrants tenants the right to get a retroactive refund? If there is doubt in her position that a refund is possibly justified, why is she not publically stating so? Is it because she is simply opposed to enforcement of the City Charter? Why does she make claims in public disclosures that are incomplete? She claims the rent control is only in effect after April 5, but she just told you that it CAN be expected to be enforceable since December 23rd. Which is it, she cannot have it both ways? If you look at the presentation at this location (Web Link
Granted it was before the TRO, but the TRO is now lifted, so this presentation is restored as accurate. Please look at slide 9 and 10. The simple fact is the City has to take responsibility for the delay. Does it want to pay the tenants or does it want the landlords to do so?
There must be a public announcement by the City that the tenants have the legal right to seek retroactive refunds from December 23rd to today at this time.
