Councilmember James Peluso (District 7) told the Transportation, Energy and Utilities Committee on May 20 that he is withdrawing a pending resolution proposing a landlord registry and will instead draft an ordinance to create the registry through the City Council.
Peluso said city administration attorneys advised that a resolution asking the mayor's office to create a registry would present a conflict of powers. "The reason being is the administration, our attorneys have said, hey, a resolution asking the mayor's office to do something is a conflict of powers," Peluso said on the record.
Peluso said he originally filed a resolution because he was reluctant to file an ordinance but that legal counsel clarified the council's authority to create such a registry through ordinance. "So instead, in our capacity as city council, we can create this registry on our own via an ordinance," Peluso said.
Peluso said he will draft and file a bill for an ordinance and hold notice meetings so other council members and interested parties can review the proposal before formal filing. He also referenced that earlier committee testimony included remarks from "Doctor Jaffe and a few other folks," saying he wants stakeholders to be engaged as the council develops the ordinance.
Why it matters: A landlord registry created by ordinance would be a formal council action with rulemaking and enforcement implications determined through the legislative process; Peluso's statement signals the issue will move from a request to the mayor into the council's legislative pipeline.
No formal ordinance was filed during the May 20 meeting; Peluso said he will hold notice meetings before filing and did not provide a filing date.
Ending: Peluso said he will circulate notice meetings and thanked the chair; no other committee members requested to speak before the meeting adjourned.