16 May Antioch Tenant Advocates Want Eviction Ordinance ‘Sent Back to the Drawing Board’

Attorney Ethan Silverstein told City Council on Tuesday that the city’s first draft of a just cause eviction ordinance has “serious flaws” and should “be sent back to the drawing board.” (Screenshot captured by Samantha Kennedy / The CC Pulse)

By Samantha Kennedy

A draft of the long-awaited just cause eviction ordinance for Antioch tenants was met at Tuesday’s City Council meeting with shaking heads and shared glances by community advocates, prompting the city to increase advocate input.

Community advocates including those from Rising Juntos and the Alliance of Californians for Community Empowerment said the first draft of the ordinance, which is meant to expand on state protections, was “watered down” and “vague.”

“Antioch is a special city made up of special people,” said Tachina Garrett of ACCE, “and we need to set precedence that other cities will want to model after us.”

Advocates on Tuesday felt the draft ordinance, which was created after community and council input, wasn’t much stronger than current state protections.

Ethan Silverstein, an attorney for the California Center for Movement Legal Services, said “serious flaws” in the draft meant tenants wouldn’t be protected as they should be and that it should “be sent back to the drawing board.”

One flaw Silverstein and other community advocates pointed to was the lack of protections against the Ellis Act, a state law that landlords can use to evict residential tenants if they want to “go out of business.” But advocates say the law is a loophole for landlords, allowing for eviction without cause.

The city’s draft ordinance includes “almost none” of the protections that have previously been implemented against the Ellis Act, according to Silverstein.

Residents also took issue with the phrase “extenuating circumstances” throughout the draft, saying it wasn’t clearly defined.

Assistant City Attorney Kevin Kundinger told the council that state law “was vague” and the use of the phrase “extenuating circumstances” would be read in by a court whether it was there or not.

“Unfortunately, here in Antioch, we are not the judge and jury,” said Kundinger. “(The language) would go before an entire different body, and if the different body finds what it to be unreasonable, they will work around it.”

After Kundinger’s explanation of the language, Mayor Pro Tem Monica Wilson asked another attorney present, advocating for tenants, to clarify if the “extenuating circumstances” vagueness could be fixed.

Council member Tamisha Torres-Walker later suggested community advocates be included in the drafting process going further due to the public’s overwhelming feeling of their input being ignored.

The rest of the council, excluding Michael Barbanica who left early, agreed.

City staff will now work with various community advocates to draft a stronger ordinance for tenants, after which the council will vote on it.