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1 Eff.: ORDINANCE NO._______
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 AND
ADDING ANTI-RETALIATION TENANT PROTECTIONS
City Attorney’s Synopsis
This Ordinanc e amends the residential tenant protections ordinance that w as originally adopted in accordance with Assembly Bill 1482 , by increasing the amount of relocation assistance to an amount equal to three months’ rent for all “no-fault just cause” evictions and including anti-retaliation tenant protections, as authorized by Californi a Civil Code section 1946.2(i).
WHEREAS, effective January 1, 2020, Assembly Bill 1482 added Sections 1946.2, 1947.12, and 1947.13 to the California Civil Code, relating to residential tenant protections and rent caps; and
WHEREAS, effective April 1, 2024, Senate Bill 567 amended Sections 1946.2 and 1947.12 of the California Civil Code, including but not limited to heightened requirements for evictions related to an intent to demolish or substantially remodel a residential unit and specified remedies initiated by the tenant or city attorney for owner violations (Assembly Bill 1482, as amended by Senate Bill 567, is referred to herein as the “Tenant Protection Act”); and
WHEREAS, subject to certain exceptions, the Tenant Protection Act: (1) limits rent increases over the course of any 12-month period to 5% plus the “percentage change in the cost of living” (as defined), or 10%, whichever is lower (the “rent stabilization provisions”); and (2) prohibits an “owner” (as defined) of “residential real property” (as defined) from terminating a tenancy without “just cause” (as defined) (the “just cause evic tion provisions”); and
WHEREAS, the Tenant Protection Act ’s rent stabilization and just cause eviction provisions are intended to “help families afford to keep a roof over their heads, and… provide California with important new tools to combat our state’s broader housing and affordability crisis;” and
WHEREAS, the Tenant Protection Act ’s just cause eviction provisions require an owner to provide a tenant, subject to a “no-fault just cause” eviction, relocation assistance in an amount equal to one month of the tenant’s rent (Civ. Code § 1946.2(d); and
WHEREAS, the Tenant Protection Act ’s just cause eviction provisions expressly authorize local agencies (like the City of Burbank) to adopt ordinances that are “more ATTACHMENT 1 – 2
2 protective” than the Tenant Protection Act’s just cause eviction provisions, in which case, the “more protective” local ordinance will apply to non-exempt residential real property (Civ.
Code § 1946.2(i)(1)(B)); and
WHEREAS, the City of Burbank adopted Urgency Ordinance No. 23- 3999 on September 12, 2023, which proactively strengthened the then current provisions of the Tenant Protection Act by heightening the requirements for an eviction based on intent to demolish or substantially remodel residential real property and by increasing the amount of relocation assistance required for “no- fault just cause” substantial remodel evictions ; and
WHEREAS, Urgency Ordinance No. 23- 3999 expressly adopts and incorporates California Civil Code section 1946.2 and any successive amendments to that section , including those enacted after Urgency Ordinance No. 23-3999’s adoption through Senate Bill 567; and
WHEREAS, the City of Burbank desires to expressly align its Municipal Code with the heightened regulations relating to demolition and substantial remodels in the current Tenant Protection Act, as may be amended; and
WHEREAS, the City of Burbank desires to increase the tenant relocation assistance payment to three months’ rent for all “no- fault just cause” evictions under the Tenant Protection Act; and
WHEREAS, the City of Burbank desires to adopt anti-retaliation measures to protect tenants from eviction in any lawful exercise of their rights; and
WHEREAS, like many cities in Los Angeles County, the City of Burbank is experiencing a housing affordability crisis and a humanitarian crisis of homelessness that would be exacerbated by the displacement of renters; and
WHEREAS, the City is concerned that, without “more protective” local just cause eviction provisions, those evictions will result in displaced tenants becoming homeless.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals
The City Council finds the foregoing recitals and their findings to be true and correct, and hereby incorporates such recitals and their findings into this ordinance.
SECTION 2. Environmental Review
The City Council finds and determines that the adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and ATTACHMENT 1 – 3
3 independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment.
SECTION 3. Findings
In accordance with the Tenant Protection Act ’s just cause eviction provisions set forth in subsection (i)(1)(B) of Section 1946.2 of the California Civil Code, the City Council hereby makes a binding finding that the tenant protections in this ordinance are “more protective” than the Tenant Protection Act ’s just cause eviction provisions, set forth in Section 1946.2 of the California Civil Code. The City Council further finds that this ordinance is consistent with Section 1946.2. This ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts for no-fault evictions, and/or provides additional tenant protections relating to anti-retaliation that are not prohibited by any other provision of law.
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, as amended by Senate Bill 567 (2023- 2024) (“Tenant Protection Act ”). It is the City’s intent that its residential tenants be afforded the strongest protections available under the law. This chapter is more protective than the Tenant Protection Act’s just cause eviction provisions set forth in Section 1946.2 of the California Civil Code.
As authorized by subsection (i) of Section 1946.2, this chapter provides for higher relocation assistance amounts 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.
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4 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 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
A. Tenant Protection Act 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 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. 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 subsection (b)(2) 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 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 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 ATTACHMENT 1 – 5
5 violations of this section.
5-4-105 Retaliation Prohibited.
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 inj unctive relief. Additionally, such retaliation shall be punishable as administrative citations pursuant to Burbank Municipal Code section 1-1-108.1.
SECTION 5. Effective Date.
This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31st) day after the date of adoption.
SECTION 6. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of thi s Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this Ordinance are declared to be severable.
PASSED AND ADOPTED this ____ day of July, 2024.
___________________________
Nick Schultz
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: ________________________ Kimberley Clark, City Clerk Iain MacMillan
Senior Assistant City Attorney
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6 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. ____ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ___ day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following the ordinance’s adoption on ____________.
_________________________
Kimberley Clark, City Clerk