STAFF REPORT
DATE: March 11, 2025
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Simone McFarland, Assistant Community Development Director Maribel Leyland, Housing Authority Manager
BY: Nikki Lotfabadi, Housing Services Assistant
SUBJECT: Adoption of an Ordinance Amending Residential Tenant Protections within the City of Burbank by Adding an Exemption from the Increased Relocation Assistance Payment Obligation, and Adding Anti -Harassment Tenant Protections
RECOMMENDATION
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING CHAPTER 4 (“RESIDENTIAL TENANT PROTECTIONS”) OF TITLE 5 (“POLICE AND PUBLIC SAFETY”) OF THE BURBANK MUNICIPAL CODE, BY ADDING AN
EXEMPTION FROM THE INCREASED RELOCATION ASSISTANCE PAYMENT
OBLIGATION AND ADDING ANTI -HARASSMENT TENANT PROTECTIONS (Attachment 1)
SUMMARY
On July 30, 2024, City Council adopted an ordinance amending Chapter 4 (“Residential Tenant Protections”) of Title 5 (“Police and Public Safety”) of the Burbank Municipal Code increasing relocation assistance for all no- fault just cause evictions and adding anti - retaliation tenant protection provisions. On February 11, 2025, City Council introduced an ordinance modifying the existing residential tenant protections within the City of Burbank by adding an exemption from the obligation to pay increased relocat ion assistance, and adding anti-harassment tenant protections, which includes the Council’s modifications to staff’s originally proposed ordinance discussed in this report.
COMMUNITY
DEVELOPMENT
2 Vote at Introduction:
AYES: Anthony, Takahashi, and Perez
NOES: Mullins
ABSENT: None
ABSTAIN: Rizzotti
APPROVED MODIFICATIONS
Council made three substantive modifications to the proposed Ordinance that was agendized and introduced on February 11, 2025. These modifications apply to Sections 5-4-102, 5-4-104(C), and 5-4-105(B)(16), respectively, as indicated below with red font for ease of reference:
• 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. Notwithstanding any contrary provision in this chapter, the provisions in Section 5-4-105 shall apply to all tenants in the City of Burbank.
• 5-4-104 Relocation Assistance Required for “No-Fault” Evictions C. Exemption. The increased relocation assistance required by this section shall not apply to any termination of tenancy in strict accordance with California Civil Code section 1946.2(b)(2)(A),
1 which such owner shall pay 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.
• 5-4-105(B) Harassment Prohibited
16. Request information that violates a tenant's right to privacy including, but not limited to, residency or citizenship status, protected class status, or social security number, except as required by law or, in the case of a social security number, for the purpose of determining the tenant's qualifications for a tenancy; or release, or threaten to release, any such information that is in owner's possession, except as required or authorized by law
ENVIRONMENTAL REVIEW
The adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines § 15060(c)(2), in that the adoption of this Ordinance will not result in a direct or reasonably foreseeable indirect physical chang e in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines § 15061(b)(3), in that it can be
1 Please refer to the highlighted language on Attachment 3 of the Staff Report 3 seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment.
FISCAL IMPACT
There is no fiscal impact to the City by adopting the proposed Ordinance.
ATTACHMENTS
Attachment 1 – Ordinance
Attachment 2 – Redlined Version of the Proposed Ordinance Attachment 3 – California Civil Code section 1946.2