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Page 7 <br />Memo to Chair and Members of the Planning Commission <br />February 19, 2009 <br />Conclusion <br />As can be seen, there are a number of significant legal issues for which no definitive answer can be <br />provided at this time. Some of these issues are subject to pending litigation in other jurisdictions but it <br />will take some time for these issues to be litigated to the point where there is appellate court guidvrce. <br />As for a state legislative solution, those efforts to date have either not gotten out of committee or have <br />been vetoed by the Governor. <br />Because of the wrccrtainty in the ]aw and the potential for significant exposure to damages if the <br />application were denied, the Community Development I_)epartment, with my advice, has recommended <br />to the Planning Commission that the application be approved. There was (and is) support by a <br />significant number of residents within the Yark for the conversion, as some might well wish to purchase <br />their lot, albeit some years down the road. In addition, although the state law will preempt local rent <br />control once the lots begin to sell (ten years from now), the state law provisions provide reasonable <br />protection to low income households and phase in, over a five year period, the fair market rents to those <br />residents who do not qualify as low income households. And while true that the conversion, over time, <br />will remove these 208 units from the rental market for seniors, it is also true that the conversion may <br />provide an opportunity for affordable, for sale, senior housing, a type of housing that currently the City <br />does not have. <br />If the Commission has questions other than on the attached, please let me know. <br />Michael H. Roush <br />City Attorney <br />MIIR:aj <br />Attachments <br />c: Nelson Fialho, City Manager <br />Brian Dolan, Director of Community Development <br />