Introduction of an Ordinance
Modifying Residential Tenant
Protections within the City of
Burbank
CITY COUNCIL
February 11, 2025
COMMUNITY
DEVELOPMENT
Burbank Tenant Protection Efforts
To Date
Jan 31, 2023
First Step Report on
California Tenant
Protection Act (AB 1482)
Aug 8, 2023
AB 1482 Study
Session
Jan 18, 2024
Landlord Tenant Ad
Hoc Roundtable
Meeting
April 10, 2024
Affordable
Housing Sub-
Committee
Meeting
July 1, 2023
Renter
Relocation
Program goes
in effect
Sept 12,2023
Adoption of
Urgency
Ordinance
Feb 13, 2024
Report to Council
on Landlord
Tenant Ad Hoc
Roundtable
Meeting Feedback
Apr 23, 2024
Second Step
Report on
Landlord-Tenant
Strategies
May 7, 2024
Report to Council
on funding to
create a Housing
Enforcement
Program (HEU)
June 2024
Council approves
funding for HEU,
and Low-Income
Legal Services
Program(s)
July 30, 2024
Adoption of
Tenant
Protection
Ordinance
August –
October 2024
Outreach on
Potential Rent
Cap Options and
Survey.
Results
Presented
October 15, 2024
2 Burbank Current Applicable Laws
3 • AB 1482 Tenant
Protection Act of 2019
Effective 1/1/2020
Ordinance No. 24-4,014
• Effective 8/30/2024
• 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)
Ordinance No. 24-4, 014 – Adopted 7/30/24
4 Incorporates the changes made by SB 567
and the following:
Heightened regulations relating to demolition and
substantial remodels in state law
Increased tenant relocation assistance payment to three months’ rent for all “no-fault just cause” evictions
Imposed anti-retaliation measures
Proposed Ordinance to Strengthen Local
Tenant Protection Regulations
Ordinance amendment for consideration:
• Exemption for small, non-commercial property owners
from the obligation to pay the increased three-months’
relocation assistance for no-fault just cause evictions • Anti-harassment measures to protect tenants from
harassment for any lawful exercise of their rights
• Tenant-initiated enforcement of the anti-retaliation and anti-harassment protections
5 Small Property Owner Exemption Provision
Research :
• The cities of Claremont, Culver City, Glendale, and Los Angeles have exempted property owners from the requirement to increase relocation fees, either based on the number of rental units on the property of the property owner’s economic interest Proposal :
• Proposed ordinance amendment includes an exemption from higher relocation fees (three months’ rent for all no-fault evictions) to residential tenancies on a land parcel with four (4) or fewer rental units
• However, exemption can’t be utilized by: 1) real estate investment trust 2) a corporation 3) limited liability company in which at least one member is a corporation Enforcement :
• Tenants may submit claims to the Housing Enforcement Unit (HEU) • HEU will enforce this provision by reviewing publicly available information and/or requiring property owners to submit information that they qualify for the exemption 6 Small Property Owner Exemption Provision Jurisdiction Data 7 Jurisdictions Exemption
Glendale Under Section 9.30.035(A) of the Glendale Municipal Code, a landlord of a property with fewer than five (5) rental units is exempt from having to pay locally increased relocation assistance to tenants for a demolition or substantial remodel no-fault eviction.
This exemption solely considers the number of rental units on the specific property subject to the eviction, and does not apply to other no-fault just cause eviction categories beyond a demolition/substantial remodel.
Claremont Under Section 8.34.010(B) of the Claremont Municipal Code, residential tenancies in a building or in a complex of commonly owned buildings with nine (9) or fewer rental units are exempt from locally increased relocation payment assistance requirements for no-fault just cause evictions.
This exemption solely considers the number of rental units on the specific property subject to the eviction.
Small Property Owner Exemption Provision Jurisdiction Data 8 Jurisdiction Small Landlords/Rental Complex
City of Los
Angeles
Reduces locally increased relocation assistance payment for no-fault just cause eviction due to owner, owner’s relatives, or property manager occupying a real residential unit as provided in Los Angeles Municipal Code (LAMC) § 151.09(A)(8) if the following four conditions exist [LAMC § 151.30(E)]:
i. the building containing the rental unit contains four or fewer rental units; ii. within the previous three years the landlord has not paid the fee authorized by LAMC Subsection 151.30(E) to any tenant who resided in the building; iii. 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
iv. 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.
This exemption considers several factors, and does not apply to other no-fault just cause eviction categories beyond a property owner, property owner relatives’, or property manager move-in.
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
.
A Snapshot of Burbank Properties
9 Rental Complex in Burbank With 10 or Less Multi -Family Units (July 2024) 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 Units 2,265 (Approx. 9.4% of rental units in the City) Approx. 24,138 units in Burbank are renter -occupied
Proposed Anti-Retaliation and
Anti-Harassment Provision
There are 20 total provisions in § 5-4-105(B) of the draft ordinance amendment. These are the five most common mentioned to staff:
1. Acting in bad faith, interrupt, terminate, or fail to provide housing services required by the rental agreement or by federal, State, county, or local housing, health, or safety laws.
2. Acting in bad faith, fail to perform repairs and maintenance required by the rental agreement or by federal, State, county or local housing, health, or safety laws;
3. Repeatedly mistreat an occupant of the rental unit during in - person conversations, through social media postings or
messages, or other communications , with language that a reasonable person would consider likely to cause fear or provoke violence.
10 Proposed Anti-Retaliation and
Anti-Harassment Provision
CONTINUED:
4. Attempt to coerce a tenant to vacate with offers of payment to vacate, including offers of a buyout agreement, which are accompanied with threats or intimidation . This shall not include settlement offers made in good faith and not accompanied with threats or intimidation in pending unlawful detainer actions.
5. Interfere with the right of a tenant to organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection.
To recap, these are only five of the most common concerns. There are 20 total provisions found in § 5-4-105(B) of the draft ordinance amendment that tenants can utilize as a legal defense in court . 11 Housing Enforcement Unit
Services Provided
• Review complaints and referrals concerning alleged violations • Make referrals to organizations as necessary
• Provide information on state and local tenant protection laws • Refer qualified individuals to existing and new city programs How to Contact Us
• The “Our Burbank 311” app may be downloaded to report various concerns
• The City of Burbank Website
• Call the Housing Office at (818) 238-5180 or send an email to [email protected]
12 13
Next Steps
• Exemption from the increased relocation assistance
requirement for no-fault just cause evictions to certain small property owners
• A specific list of anti-harassment protections
- Anti-retaliation/anti-harassment violations can be
enforced by the tenant in civil court
Tentative 2nd reading - March 11, 2025
If approved, Ordinance effective –
April 10, 2025
Proposed Ordinance
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 adding a small
property owner exemption from the increased relocation assistance payment obligation and adding anti-
harassment tenant protections
Recommendation
14 QUESTIONS?
Contact: Maribel Leyland
Phone: 818-238-5158
Email: [email protected]
COMMUNITY
DEVELOPMENT
15