Item 7.2
Landlord & Tenant Provisions
Presented by:
Tiffany Allen, Deputy City Manager/Director of Development Services Simon Silva, Deputy City Attorney
• September 14th Council Referral, to address:
• Substantial remodel;
• Removal from rental market (“Ellis Act”);
• Harassment/Retaliation; and
• City remedies & enforcement.
• Staff goals, ensure:
• Stakeholder involvement; and
• Identification of any resources needed.
Council Referral
Process for Responding
• Tenants of
Smith/Roosevelt
(Summer/Fall 2021)
• Council Referral
(Sep.14)
COUNCIL REFERRAL
• Stakeholder Meetings
(Dec. 1-3)
• Housing Advisory
Commission
(Dec. 8)
FACT FINDING
• Stakeholder Meetings
(Jan. 12-18)
• Housing Advisory
Commission
(Jan. 31)
• Stakeholder Meetings
(Feb. 17-23)
DRAFT ORDINANCE
• City Council
(Apr. 12)
• Housing Advisory
Commission
(Apr. 19)
• Stakeholder Meetings
(May 3 & 6)
• City Council
(May 17)
RECOMMENDATION
Stakeholder Input
CLASS B CLASS CStakeholder Concept / Fact
Finding
Draft Ordinance
(1)
Draft Ordinance
(2) Final Ordinance
Alliance of Californians for Community Empowerment (ACCE) 12/1/21 1/13/22 2/23/22 5/3/22 & 5/6/22 Building Industry Association (BIA) 2/1/22
California Apartment Association (CAA) 12/3/21 1/12/22 2/17/22 5/3/22 & 5/6/22 Chula Vista Chamber of Commerce Policy Committee 2/23/22 Pacific Southwest Association of Realtors (PSAR) 12/1/21 1/13/22 2/17/22 5/3/22 & 5/6/22 San Diego Association of Realtors (SDAR) 1/18/22 2/17/22 5/3/22 & 5/6/22 Southern California Rental Housing Association (SCRHA) 12/2/21 1/12/22 2/17/22 5/3/22 & 5/6/22 Western Manufactured Housing Communities (WMA) 1/18/22 5/3/22 Housing Advisory Commission (HAC) 12/8/21 1/31/22 4/19/22 Additional Fact Finding
Exhibit 2
CSA Calls Related to Termination of Tenancy and Retaliation June 2018- December 2021 2021 2022
October November December January February March
# of San Diego
County Region
Evictions 51 40 65 86 95 118
# of Chula
Vista
Evictions
91902 1
91910 1 3 1 4
91911 1 1 4 2 4
91913 1 2
91914
91915 3
TOTAL 1 1 2 7 3 13
% of Chula Vista
Evictions 1.96% 5.00% 3.08% 8.14% 3.16% 11.02%
Table 2
San Diego County Sheriff’s Department Executed Evictions • Adopted in 1985.
• Provides property owners with the ability to “go out of the rental business”. • Rent control jurisdictions have explicit additional Ellis Act provisions.
Existing Law
Ellis Act (Government Code 7060)
Existing Law
Anti-Harassment (Civil Code 1942.5)
• Adopted in 1988.
• Prohibits retaliatory evictions according to specific behaviors. • Establishes a timeline of 180 days following specific tenant behaviors during which evictions can be considered retaliatory.
• Allows retaliatory eviction cases to be settled in court. • Prohibits reporting or threatening to report tenant immigration status.
Existing Law
Tenant Protection Act (AB-1482)
• Effective January 1, 2020.
• Defines “just cause”
• Legal reason for termination of
tenancy
• Identifies exempt property types &
length of tenancy
• Requires noticing of inclusion or
exemption
• No-fault 12 month tenancy or more:
• 60 day noticing on termination
• 1 month (existing rent) rental
assistance
At-Fault Just Cause No-Fault Just Cause
Non-payment of rent
Non-compliance with lease terms
Nuisance
Commit Waste
Criminal activity
Illegal subletting
Refusal of entry to landlord
Using premises for unlawful activity
Failure to vacate after employment
Failure to deliver possession
Removal from rental market
Demolition of property
Substantial rehabilitation
Government order
Owner or family move-in
• Rent control = 5% + CPI (max 10%)
Limitations on
Application
CVMC
9.65.110
Exception, not included in City ordinance:
• Exemption for housing built within the last 15 years. • Exempted housing types which models AB-1482:
• Hotel;
• Rentals of 30 days or less;
• Medical facilities and care facilities;
• Residential Property or Dormitories owned by the City; • Shared housing (“roommate” of owner);
• Single-family, where Owner occupies & rents or leases no more than two units or bedrooms, including, an accessory dwelling unit or a junior accessory dwelling unit; • Duplex where Owner occupies one unit;
• Residential Rental Unit alienable separate from the title to any other dwelling unit that is not owned by a business entity;
• Deed restricted affordable housing; or
• Homeowner or Tenant of a mobilehome.
Single-family + ADU both Tenant
Occupied
Housing of Any Age
Complexes with 3 or more Units
Duplex both Tenant Occupied
Applies
to:
Harassment/
Retaliation
1. Fail to provide housing services required;
2. Fail to perform repairs and maintenance required;
3. Fail to exercise due diligence in completing repairs and maintenance;
4. Abuse the Owner's right of access into a Residential Rental Unit;
5. Abuse the Tenant with words which are offensive and inherently likely to provoke an immediate violent reaction;
6. Influence or attempt to influence a Tenant to vacate a rental housing unit through fraud, intimidation or coercion;
7. Threaten the Tenant, by word or gesture, with physical harm;
8. Violate any law that prohibits discrimination;
9. Take action to terminate any based upon facts that the Owner has no reasonable cause to believe to be true or upon a legal theory that is untenable under the facts known to the Owner;
10. Interfere with a Tenant's right to quiet use and enjoyment;
11. Refuse to acknowledge receipt of a Tenant's lawful rent payment;
12. Interfere with a Tenant's right to privacy.
CVMC
9.65.090
Single-family + ADU both Tenant
Occupied
Complexes of Any Age
Complexes with 3 or more Units
Duplex both Tenant Occupied
Applies
to:
Enforcement &
Remedies
CVMC
9.65.100
• City Enforcement
• Alternative Remedies - mediation
• Criminal - up to $1,000 and/or 6 months
imprisonment
• Civil – up to $5,000 per violation
• Administrative Citation - City Attorney or
an Enforcement Officer may issue
• Right to issue Subpoenas
• Private Remedies
• Civil - $2,000-5,000 per violation
Single-family + ADU both Tenant
Occupied
Complexes of Any Age
Complexes with 3 or more Units
Duplex both Tenant Occupied
Applies
to:
Definitions
G. “Long Term Tenancy” means the continuous and lawful
occupation of a Residential Rental Unit for 12 months or more by a Tenant.
I. “Residential Rental Complex” containing three or more Residential Rental Units rented or owned by the same
Owner.
CVMC
9.65.030
K. “Substantial Remodel” if:
(1) system is being replaced or substantially modified; (2) improvements $40 or more per square foot;
(3) permit is required; and
(4) necessary to be vacant for more than sixty (60) days.
Cosmetic improvements do not qualify as replacement or
substantial modification.
Residential Rental Complex
3 or more Units
Long Term Tenancy
12 or more MonthsApplies
to:
HUD Small Area Fair
Market Rent (“SAFMR”)
REVISED Table 4
U.S. Department of Housing and Urban Development Small Area Fair Market Rent (2022) 2-bedroom range
for 1 month
$2,050 - $3,350
San Diego County, CA Advisory Small Area FMRs By Unit Bedrooms ZIP Code Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 91902 $1,850 $2,040 $2,620 $3,640 $4,450
91910 $1,430 $1,580 $2,030 $2,820 $3,450
91911 $1,440 $1,600 $2,050 $2,850 $3,490
91913 $2,110 $2,340 $3,000 $4,170 $5,100
91914 $2,360 $2,610 $3,350 $4,650 $5,700
91915 $2,360 $2,610 $3,350 $4,650 $5,700
City Average $1,925 $2,130 $2,733 $3,797 $4,648
Regional Average $1,628 $1,802 $2,311 $3,210 $3,927
UPDATED
Occupation, Government
or Court Order
• Notice
• Occupation
• 60 days
• Government/Court Order
• 60 days
• Relocation
• Occupation
• 1 month SAFMR
• 2 months SAFMR for elderly or disabled
• Government/Court Order
• 2 month SAFMR
• 3 months SAFMR for elderly or disabled
CVMC
9.65.050
Complexes of Any Age
Residential Rental Complex
3 or more Units
Long Term Tenancy
12 or more Months
Applies
to:
Withdrawal from
Market
• Applicability
• Does not apply if owner occupation, selling or
converting to another use
• Notice
• 60 days
• Relocation
• 2 months SAFMR
• 3 months SAFMR if elderly or disabled
• If returned to Rental Market within 2 years
• First Right of Refusal
• Tenant must provide forwarding address
• Property owner shall be liable for six (6) month’s
SAFMR
CVMC
9.65.060
Complexes of Any Age
Residential Rental Complex
3 or more Units
Long Term Tenancy
12 or more Months
Applies
to:
Demolition
• Notice
• 60 days
• Relocation
• 2 months SAFMR
• 3 months SAFMR if elderly or disabled
• First Right of Refusal
• Within 5 years
• Tenant must provide forwarding address
CVMC
9.65.070
Complexes of Any Age
Residential Rental Complex
3 or more Units
Long Term Tenancy
12 or more Months
Applies
to:
Substantial Remodel
• Defined in CVMC 9.65.030.K
• Notice
• 60 days
• Relocation
• 2 months SAFMR
• 3 months SAFMR if elderly or disabled
• First Right of Refusal
• Within 2 years
• Tenant must provide forwarding address
CVMC
9.65.080
Complexes of Any Age
Residential Rental Complex
3 or more Units
Long Term Tenancy
12 or more Months
Applies
to:
Current Market
4.1%
3.3%
3.1%
7.0%
3.5%
2.4%
3.5%
1.5%
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
8.0%
Spring 2018 Fall 2018 Spring 2019 Fall 2019 Spring 2020 Fall 2020 Spring 2021 Spring 2022 Vacancy Rate in Chula Vista
Average Rental Rates
$1,723 $1,787 $1,843
$2,006
$2,164 $2,216 $2,176
$2,377
$1,347 $1,393 $1,393 $1,510
$0
$1,000
$2,000
$3,000
2018 2019 2020 2021
Chula Vista San Diego National
• Occupation
• Intent to occupy by the owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents for at least 3 consecutive years. • Prohibit an owner from terminating a tenancy if the same owner or relative already occupies a unit or if there is a vacancy on the residential real property. • “Owner” has at least a 51% recorded ownership.
• Withdrawal from Market
• Criteria for land use change or converting to owner-occupancy • Notice of intent to withdraw provided 180 days before serving the notice to terminate the tenancy.
• Demolish or Substantially Remodel
• Require owner to obtain permits before issuing a notice to terminate a tenancy. • Rent Control
• Make unenforceable any lease exceeding limits in existing law.
Proposed Law AB-2713
Housing Providers Tenants
Stakeholder Positions
Type of Housing
Length of Tenancy
Breaches in Lease Terms
Ellis Act Provisions
Allowing Substantial Remodel
First Right if Refusal
Noticing
Relocation
Council Referral:
• Substantial Remodel – Defines substantial remodel and provides additional relocation assistance.
• Removal from Rental Market – Provides additional relocation assistance and penalties for returning to market within 2 years.
• Harassment/Retaliation – Provides 12 additional provisions, including quiet use & enjoyment.
• City Remedies & Enforcement – Defines criminal and civil penalties.
Provides City provisions to intervene.
Conclusion
• Until September 30, 2022
• Temporary moratorium on no-fault evictions with the following exemptions:
• Owner move in requires 60 day notice;
• Removal from market requires 120 day notice; and
• Health & safety related court or government orders follow state law.
Emergency Moratorium
Item 7.2 Staff Recommendation
ORDINANCE A
Adopt CVMC 9.65 to provide permanent “Residential
Landlord & Tenant Provisions”
OR
ORDINANCE B
Enact an Emergency Ordinance for a Temporary Moratorium on No-Fault Evictions