Introduction of an Ordinance
Modifying Residential Tenant
Protections within the City of
Burbank
CITY COUNCIL
July 16, 2024
COMMUNITY
DEVELOPMENT
Project Timeline
2 Apr 23, 2024
LL-Tenant
Strategies
Second Step
Report
Jan 31, 2023
AB 1482
First Step
Report
July 1, 2023
Renter
Relocation
Program
Aug 8, 2023
AB 1482
Study
Session
Sep 12, 2023
Adoption of
Urgency
Ordinance
Jan 18, 2024
LL-Tenant
Ad Hoc
Roundtable
Meeting
Feb 13, 2024
LL-Tenant Ad Hoc
Roundtable
Meeting
Feedback Report
to Council
Apr 10, 2024
Affordable
Housing Sub -
Committee
Meeting
July 16, 2024
Urgency
Ordinance
Amendment
June 25, 2024
Potential Local
Rent Cap
Outreach Plan
Burbank Applicable Laws
3 • AB 1482 Tenant
Protection Act of 2019
Effective 1/1/2020
• Burbank Urgency
Ordinance No. 23-3,999
Effective 9/12/2023
• SB 567 Amended Tenant
Protection Act of 2019
Effective 4/1/2024
AB 1482
Statewide Rent Cap
(Rent cap eff. Aug 1,
2024, will be 8.9%).
Just Cause
Protections
Relocation Assistance or
Rent Waiver (one month of
the tenant’s rent for all no -
fault just cause evictions)
Procedural Noticing
Requirement to Tenants
Tenant Protection Act of 2019 (AB 1482)
Urgency Ordinance 23-3,999 – Approved 9/12/23
4 • Applies to no-fault just cause eviction due to substantial remodel of a real residential unit
• Triggers a higher relocation assistance fee of 3 months of the tenant’s rent in effect at the time of termination
• Prior to terminating tenancy, an owner shall provide the following:
• Copies of building permits;
• Written detailed account of the scope of work;
• Why 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 • Failure to comply shall render the notice of termination of tenancy void and shall be an affirmative defense to an unlawful detainer action SB 567: Amended Tenant Protection Act of 2019
• Substantial remodeling/demolition-
Owner to provide the following:
Notice to tenants informing them of intent to demolish/substantially remodel the unit;
A description of the proposed work;
Approximate expected duration of the work; and
Copies of permits for the proposed substantial remodel or demolition Tenants have a right to return if proposed work is not commenced or completed
5 Effective as of April 1, 2024
• Intent to occupy a rental unit by owner’s relatives-
Tenants have a right to return if the owner or relatives fail to move in within 90 days or fail to occupy the unit for 12 consecutive months • Enforcement of regulations through either a tenant’s civil action for damages, reasonable attorney’s fees and costs, and/or injunctive relief or through a city attorney’s civil action for injunctive relief
Proposed Ordinance to Strengthen Local Tenant
Protection Regulations
• Increased Relocation Assistance for all No-Fault Just Cause Evictions
• Exemption from increased relocation assistance fee for small landlords
• Local Regulations on Anti-Retaliation
• Local Enforcement Mechanism
6 Proposed Increased Relocation Assistance
• Applies to all no-fault just cause evictions:
• Intent to occupy a rental unit by owner’s relative
• Withdrawal of a rental unit from the rental market
• An order issued by a govt. agency/court/local ordinance to vacate a rental unit
• Intent to demolish or substantially remodel a rental unit • Relocation assistance fee of three (3) months of the tenant’s rent that was in effect at the time of issuance of notice of termination
• Approval of the proposed Ordinance would terminate the Renter Relocation Assistance Interim Program
7 Proposed Exemption for Small Landlords
• An exemption from the higher relocation assistance fee for residential tenancies in a rental complex with four or fewer rental units
• Why four or fewer rental units?
• To enable effective monitoring and enforcement of the proposed regulation based on availability of data
• Business tax registration required for rental properties with three or more units
• Building and Safety Division maintains a record of such properties
8 A Snapshot of Burbank Properties
9 Rental Complex in Burbank With 10 or Less Multi -Family Units Number of Units Number of Rental Complexes
2 881
3 399
4 416
Subtotal: 4 or Fewer Units 1,696 (Approx. 7% of rental units in the City) 5 145
6 126
7 48
8 113
9 51
Subtotal: 9 or Fewer Units 2,179 (Approx. 9% of rental units in the City) 10 86
Total: 10 or Fewer Unis 2,265 (Approx. 9.4% of rental units in the City) Approx. 24,138 units in Burbank are renter -occupied
Definition and Exemption for Small Landlords
10 Jurisdictions Small Landlords/Rental Complex Applicability Glendale Rental complex of four units or less on a
parcel
Exemption from offering one-
year written lease
Claremont Complex of commonly owned buildings
with nine or fewer rental units
Exemption from higher
relocation assistance for all no-
fault just cause evictions
County of
Los Angeles
An owner that owns fifty (50) or fewer
Fully Covered Rental Units in the County
Allowed to pass through the
safe, clean water act parcel tax
to tenants
Culver City Landlord with no direct/indirect economic
interest in more than three rental units
located within or outside of Culver City.
• Shall not include any of the following:
A real estate investment trust, corporation;
limited liability company in which at least
one member is, or is controlled by, a
corporation; or partnership in which at least
one partner is, or is controlled by, a
corporation.
Relocation fee reduced by 50%
in case of no-fault eviction due
to owner’s relative occupying
the real residential unit
Definition and Exemption for Small Landlords
11 Jurisdiction Small Landlords/Rental Complex Applicability City of Los
Angeles
• Building with four or fewer rental units;
• Within the previous three years the
landlord has not paid the reduced
relocation fee;
• The landlord owns, in the City of Los
Angeles, no more than four units of
residential property and a single-family
home on a separate lot; and
• Any eligible relative for whom the landlord
is recovering possession of the rental unit
does not own any residential property in
the City of Los Angeles.
A reduced relocation
assistance fees for no-
fault just cause
eviction due to
owner’s relatives
occupying a real
residential unit
Proposed Anti-Retaliation and Local Enforcement
• Prohibits retaliatory action by a landlord including decrease in services, increase in rent, and termination of tenancy
• Authorizes an impacted tenant to seek civil damages or injunctive relief through a civil action, or serve as an affirmative defense in an action filed against the impacted tenant
• Allows administrative citations as a potential local enforcement mechanism pursuant to BMC Section 1-1-108.1
12 Anti-Retaliation
Local Enforcement Mechanisms
• Establishes consistency with the state law and authorizes City Attorney’s Office to seek injunctive relief in case of violation of local regulations relating to no-fault just cause protections
• Violation of local regulations on anti-retaliation would be punishable as administrative citation pursuant to BMC § 1-1-108.1
13 Next Steps
Proposed Ordinance Community Outreach for a
Potential Local Rent Cap
Outreach and Survey
July – September 2024
Report on Results
October 1, 2024
• Increased relocation assistance for
all no-fault just cause evictions
with exception for small landlords
• Local regulations on anti-
retaliation
• Local enforcement mechanism
• Five Community meetings
• Five Pop-Up Events
• Marketing
• Community Survey
• Presentation on results of
Outreach and Survey
If approved, Ordinance will be
effective August 30, 2024
14 Implementation
Housing Enforcement Unit
• Receive & Investigate certain housing complaints
• Provide Tenant Resources and Referrals
• Coordinate Social Services
• Investigate Complaints and Habitability Concerns
• Review and Initiate Civil Enforcement Actions
Recruiting for five positions;
Tentative Implementation - October 2024
• Introduce An Ordinance of the City Council of the City of Burbank, California, amending Chapter 4 (“Residential
Tenant Protections”) of Title 5 (“Police and Public Safety”) of the Burbank Municipal Code, by increasing relocation assistance for certain no-fault evictions, adding a small landlord exemption from the relocation assistance
payment obligation, and adding anti-retaliation tenant
protections
Recommendation
15 QUESTIONS?
Contact: Shipra Rajesh
Phone: 818-238-5180
Email: [email protected]
COMMUNITY
DEVELOPMENT
16 Introduction of an Ordinance
Modifying Residential Tenant
Protections within the City of
Burbank
CITY COUNCIL
July 16, 2024
COMMUNITY
DEVELOPMENT
City of Glendale – Soft Rent Cap
18 Annual Rent
Increase
More than 7%
Rent Increase
Rent increase of 7% or
less)
A tenant may
elect to vacate
the rental unit
Tenant eligible for
relocation
assistance
Tenant not eligible for
relocation assistance
• State mandated rent cap is 5% plus the increase in the Consumer Price Index (CPI), or 10%, whichever is lower.
• Eff. August 1, 2024, state mandated rent cap in the LA County area will be 8.9%.
Non-Relocation Rent Increase
Relocation Assistance Fee
= 3 x increased rent