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SECTION 4. Code Amendment
Chapter 4 (“Residential Tenant Protections”) of Title 5 (“Police and Public Safety”) of the Burbank Municipal Code is replaced in its entirety with the following:
Chapter 4 Residential Tenant Protections
5-4-100 Adoption of Civil Code Section 1946.2 by Reference Related to Terminations of Tenancy.
This chapter adopts and incorporates by reference California Civil Code Section 1946.2 in this Code in its entirety, as modified herein, and as such statute may be amended from time to time, except for any provisions that directly conflict with this chapter.
5-4-101 Purpose of Chapter and Relationship to the Tenant Protection Act
This chapter is consistent with the Tenant Protection Action of 2019, Assembly Bill 1482 (2019-2020), which is generally codified in Sections 1946.2, 1947.12, and 1947.13 to the California Civil Code (“AB 1482”), as amended by Senate Bill 567 (2023-2024) (“Tenant Protection Act”). It is the City’s intent that its residential tenants be af forded the strongest protections available under the law. This chapter is more protective than the AB 1482’sTenant Protection Act’s just cause eviction provisions set forth in Section 1946.2 of the California Civil Code.
As authorized by subsection (g)(i) of Section 1946.2, this chapter provides for higher relocation assistance amounts and additional tenant protections for “no- fault just cause” evictions based on a property owner’s intent to “substantially remodel” the residential real property for all “no-fault just cause” evictions and additional tenant protections relating to anti-retaliation. In all other respects, this chapter is identical to Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute.
If any other governmental entity (including without limitation, the United States Government, the State of California, and the County of Los Angeles) adopts stronger tenant protections that apply to residential tenants in the City of Burbank, then the stronger tenant protections shall prevail, and the City shall not enforce conflicting tenant protections in this chapter.
5-4-102 Applicability of Chapter
The tenant protections in this chapter apply to tenants and owners of real property that are subject to the Tenant Protection Act’s AB 1482’s just cause eviction provisions set forth in Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute.
5-4-103 “Just Cause” Required for “No-Fault” Evictions
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A. Tenant Protection Act AB 1482 Requirements. An owner of residential real property shall not terminate a tenancy through “no- fault” of the tenant that is subject to this chapter without just cause (as defined in subsection (b)(2) of Section 1946.2 of the California Civil Code), which shall be stated in the written notice to terminate tenancy, unless the termination of the tenancy fully complies with AB 1482’s the Tenant Protection Act’s just cause eviction provisions set forth in Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute.
B. Heightened Requirements for Evictions Based on Intent to Demolish or Substantially Remodel the Residential Real Property. An owner of residential real property shall not terminate a tenancy that is subject to this chapter based on the owner’s intent to “demolish or to substantially remodel the residential real property” (as described and defined in subsection (b)(2)(D) of Section 1946.2 of the California Civil Code, as amended from time to time or replaced with a successor statute) unless and until all of the following additional requirements have been met by or before a tenant has received a written notice terminating tenancy for just case pursuant to this chapter:
1. Building permits (for a substantial remodel) have been secured from the City of Burbank, demolition permits (for a demolition) have been secured from the City of Burbank, and/or any required permits (for abatement of hazardous materials) have been secured from a local, state, or federal agency;
2. The tenant has been provided with copies of the building, demolition, and/or any required hazardous material abatement permit(s); and
3. The tenant has been provided with a written detailed account of the scope of work, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work cannot be completed within thirty (30) days.
B. Failure to Comply . An owner’s failure to strictly comply with this section shall render a notice of termination of a tenancy void and shall be an affirmative defense to an unlawful detainer action. In addition to any other remedy authorized by this Code, the City Attorney’ s Office may seek injunctive relief based on violations of this section.
5-4-104 Relocation Assistance Required for “No-Fault” Evictions
A. Relocation Assistance . If an owner of residential real property issues a termination notice based on a “no- fault just cause” (as defined in ATTACHMENT 2 – 3
subsection (b)(2)(D) of Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute), the owner shall provide relocation assistance in accordance with AB 1482’s the Tenant Protection Act’s just cause eviction provisions set forth in subsection (d) of Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute, provided however , the amount of relocation assistance shall be increased to at least equal tothe relocation assistance shall be increased to an amount no less than three (3) months of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy.
B. Failure to Comply . An owner’s failure to strictly comply with this section shall render the notice of termination void and shall be an affirmative defense to an unlawful detainer action. In addition to any other remedy authorized by this Code, the City Attorney’s Office may seek injunctive relief based on violations of this section.
C. Exemption. The increased relocation assistance required by this section shall not apply to residential tenancies in a rental complex with four (4) or fewer rental units , but such owner shall pay a relocation assistance in an amount equal to no less than one (1) month of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. "Rental complex", for purposes of this subsection, means one or more commonly-owned buildings used in whole or in part for residential purposes, located on a single lot, contiguous lots, or lots separated only by a street or alley.
5-4-105 Retaliation Prohibited.
A. No owner may threaten to bring, or bring, an action to recover possession, cause the tenant to quit a rental unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any services or increase the rent where the owner’s intent is to retaliate against the tenant for the tenant’s assertion or exercise of rights under this chapter or under state or federal law; for the tenant’s request or demand for, or participation in mediation or arbitration under any public or private mediation program; or for the tenant’s participation in litigation. Such retaliation shall be a defense to an action to recover possession of the rental unit, or it may serve as the basis for an affirmative action by the tenant for actual and punitive damages and/or injunctive relief. Additionally, such retaliation shall be punishable as administrative citations pursuant to Burbank Municipal Code section 1-1-108.1.
B. In an action against the tenant, evidence of the assertion or exercise by the tenant of rights under this chapter or under state or federal law within 180 days prior to the alleged act of retaliation shall create a rebuttable presumption that the owner’s act was retaliatory. “Presumption” means that the court must find the existence of the facts presumed unless and until its nonexistence is proven by a preponderance of the evidence. A tenant may assert retaliation affirmatively or as a defense to the owner’s action without the ATTACHMENT 2 – 4
presumption regardless of the period of time which has elapsed between the tenant’s assertion or exercise of rights under this chapter and the alleged act of retaliation.