City of Santa Barbara - Residents - Home & Property - Rental Housing Mediation

Rental Housing Mediation Task Force Program

Objectives of the Program

1. Provide information on the California Rules and Regulations pertaining to Landlord/Tenant rights and responsibilities to parties in a residential rental housing situation.

2. Offer mediation services to Landlords, Tenants, Roommates and Neighbors regarding disputes pertaining to residential rental housing.

Rental Housing Mediation Logo

Who We Are

The City of Santa Barbara through the Community Development Department, Housing and Redevelopment Division operates the Rental Housing Mediation Task Force Program (RHMTF). The purpose of the program is to resolve rental housing disputes by offering neutral mediation services and information on residential Landlord-Tenant rights and responsibilities. The City of Santa Barbara has contracts with the City of Carpinteria and the City of Goleta to provide RHMTF services to their residents. The City of Santa Barbara also has contracted with the County of Santa Barbara to provide RHMTF consultation information to residents of the Unincorporated Areas of Santa Barbara County.

What We Do

The services provided by the RHMTF are:

Mediation
Information on Landlord/Tenant rights and responsibilities
Referrals to social service agencies
Outreach and education

Disputes are mediated between any combination of parties:

Landlord-Tenant
Roommate-Roommate
Property Manager-Tenant
Sublessor-Sublessee

Clients include, Spanish-speaking residents, seniors, disabled persons, single parents, students etc.

The RHMTF services are delivered in the following manner:
Mediations, by telephone, with consenting parties to resolve rental housing disputes, conducted by staff
Mediations, with consenting parties to resolve rental housing disputes, conducted by staff, two mediators and a mediator trainee
Dissemination of information and printed materials relating to rental housing disputes and mediation
Referrals to Social Service Agencies. Collaborative interaction with social service agencies for the prevention of homelessness
Public speaking, outreach and education on mediation as an alternative to costly legal resolutions to rental housing disputes

History

The Rental Housing Mediation Task Force (RHMTF) was established in 1976 out of a "Grass Roots" effort to resolve Landlord/Tenant disputes. The RHMTF is composed of Staff and a Task Force of fifteen trained community volunteers who are appointed by the Santa Barbara City Council. Click here for more information about the Task Force. The RHMTF program is dedicated to resolving rental housing disputes by offering mediation services and information on Landlord-Tenant rights and responsibilities. The Program, therefore, establishes an effective and efficient alternative to formal court proceedings for the resolution of rental housing disputes. Consequently, the direct effect is the reduction of civil cases that would normally be processed by the county court system.

Mediation Services

What is mediation

Mediation is a process in which a neutral person or persons facilitate communication between parties to assist them in reaching a mutually acceptable agreement.

The mediator is trained in specific ways of looking at disputes, uncovering what interests are driving the dispute, helping parties to understand each other's needs, and using communication techniques to de-escalate conflict.

The mediator helps the parties to communicate, assists them in generating options, and helps them analyze any proposed settlement to make sure the proposed solution is an informed and realistic one that will provide a long-term solution.

Participation in the mediation process is voluntary. The parties are not coerced to enter dispute resolution. The role of the mediators and staff is neutral, with no conflict of interest in the dispute. All participants are treated equally without any special benefit or consideration. The parties, ultimately, make the final decision as to how they want to resolve their dispute. Upon the consent of the parties, an agreement resolving the dispute will be written by staff setting out a settlement of the issues involved in the dispute and the future responsibilities of each party.

Why it Works

CLIENT-DRIVEN SOLUTIONS. Mediation works because the parties themselves have complete control of the process. The mediator does not impose a settlement on them. Parties are able to state their positions fully, without regard to whether their facts are legally "relevant", which allows them to feel that thy are being heard by the other party. After discussion, the parties ultimately determine their resolution and how to implement it.
CONFIDENTIALITY. Mediation is confidential under the California Evidence Code, so it is very low risk to the parties. Since none of the communications or documents prepared in mediation can be disclosed to any third party or court without the parties' consent, the process allows them to explore possible settlements without prejudice. Moreover, mediation avoids public disclosure of private problems.
LONG TERM COMPLIANCE. Studies have verified that parties who work out their own solution are generally more pleased with that resolution than with a settlement that is made on the courthouse steps prior to trials, or one that is imposed upon them by a court. As a result, mediated settlements have a higher compliance rate than other forms of settlement.

Advantages

The direct effects of the program services are:

Quick and effective resolution of Landlord-Tenant disputes
Avoids the often-costly legal fees associated with lawsuits
Reduction of homelessness
Confidentiality
Creates a Win/Win situation for the parties
Creates harmony in the community by opening up communication between Landlords and Tenants
Distinctions Between Mediation, Arbitration And Litigation

	MEDIATION	ARBITRATION	LITIGATION
PARTICIPANTS	Parties, Mediator/s	Parties, Attorneys, Arbitrator	Parties, Attorneys, Judge
DECISION MAKER	Parties	Arbitrator	Judge
PROCESS	Least formal, most flexible	Formal, flexible	Most Formal, least flexible
TIMING	Can occur anytime	After significant preparation	Set by Court
COST	Economical	Expensive	Most expensive
FOCUS	Present and future	Past	Past
ISSUES	Parties can negotiate any issues they choose	Issues may be limited unless parties otherwise agree	Issues that can be decided are limited
CONFIDENTIALITY	Private. All conversations, notes, and documents confidential	Private. No access to records except through other litigation	Public notice of lawsuit and access to filed records
DECISION BASIS	Interest of parties, collaborative	Facts and evidence	Facts and evidence
BINDING RESULTS?	Process is voluntary, settlement can be binding	Binding and often non-appealable	Binding and appealable
ENFORCEABILITY	Settlement Agreement enforceable if the parties agree	Award can be entered as a judgement for enforcement	Judgement enforceable
CLIENT SATISFACTION	High client satisfaction. Mutuality of result	Possible satisfaction and sense of fairness	Low satisfaction, even for the "winner"

Task Force of Mediators

The purpose of the Task Force is to provide neutral mediation services. The Task Force is comprised of fifteen trained community volunteers: five Landlord, five Tenants and five Homeowners who are appointed by the Santa Barbara City Council and serve four year terms. See the city clerks website for more information on the Task Force and how to become a member.

Information on Landlord-Tenant Rights and Responsibilities

Rental housing disputes generally concern:

Security deposits
Termination of tenancies (3-day/30-day)
Habitability and repair
Invasion of privacy
Rent increases
Forcible evictions (utility shut-off, lock-outs, removal of doors or windows and removal of Tenant's property)
General information, including but not limited to: lease termination, retaliatory eviction, rent withholding, repair & deduct, abandonment, last month's rent, change in terms of tenancy, late fee, co-Tenants, sub-Tenants, lodgers, and guests

Charges for Services

Telephone mediations and information services of the RHMTF are available free of charge for rental properties located within the City of Santa Barbara, City of Carpinteria, and City of Goleta. Staff consultation and information services are available free of charge for rental properties located in the Unincorporated Areas of Santa Barbara County. For City of Carpinteria and City of Goleta residents, the RHMTF may charge a fee for arranging and conducting mediations in the office with all parties to the dispute present based on a sliding scale reflecting the client's income and ability to pay. In no case shall the total fee exceed $75.00.

Geographic Areas of Service

The RHMTF provides its services to residents of the City of Santa Barbara, City of Carpinteria, City of Goleta, and the Unincorporated Areas of Santa Barbara County.

If you reside or the address about which you are calling is outside of our service area, click here for Resources. (Note: the resources page is in the process of being updated in order to bring you the best list of suggested resources. Please keep checking in for updates.)