C:\Program Files\eSCRIBE\TEMP\18413854825\18413854825,,,Ordinance A - CVMC 9.65 Residential Landlord and Tenant Provisions.docxH:\Attorney\Ordinance-Standard-5-25-12.doc ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 9.65 TO THE CHULA VISTA MUNICIPAL CODE
TO ESTABLISH RESIDENTIAL LANDLORD AND TENANT
PROVISIONS
WHEREAS, prior to the COVID-19 pandemic, there existed a lack of affordable housing in the State of California, including San Diego County
(https://www.gov.ca.gov/2019/03/11/governor-newsom-announces-legislative-proposals-to- confront-the-housing-cost-crisis/) and which continues to exist to this day; and
WHEREAS, over 42% of the housing stock in the City of Chula Vista is rental housing and 44% of all Chula Vista renters pay more than 50% of their income towards housing costs (2011-2015 CHAS); and
WHEREAS, 47% of Chula Vista’s households are of lower income and earn 80% of the Area Median Income or less ($68,000 annual income for a family of four) and 46% of these households pay more than 50% of their income towards housing costs as renters and homeowners (2011-2015 CHAS); and
WHEREAS, the City’s COVID-19 Emergency Rental Assistance Program ( “ERAP”) via SBCS has received 7,339 ERAP applications, of which 6,189 were processed, through April 21, 2022; and
WHEREAS, Chula Vista residents, particularly those within low wage and service industries, have suffered loss or limited work opportunities and are experiencing unexpected loss of income. These households are at risk of maintaining housing and falling into homelessness ; and
WHEREAS, given existing income levels of Chula Vista residents and the existing high cost of housing in San Diego County prior to the COVID-19 pandemic, any further reductions in income and increased housing costs would exacerbate existing housing affordability issues — indeed a recent report shows that Chula Vista rents increased by 16% over the last year (https://www.cbs8.com/article/news/investigations/your-stories-8/skyrocketing-rent-hikes- across-san-diego-new-report-shows/509-ee7f4ae5-c360-4ea7-bb59-55c4cb5f86d7); and
WHEREAS, further economic impacts are anticipated (including high inflation, increased food and transportation costs, rising rents, and higher mortgage rates) leaving tenants vulnerable to eviction; and
WHEREAS, it in the interest of protecting the public health and welfare, the City Council of the City of Chula Vista finds that it is essential to avoid unnecessary housing displacement, to protect the City’s affordable housin g stock, and to prevent housed individuals from falling into homelessness; and
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WHEREAS, in August 2020, the California legislature adopted state residential eviction protections for tenants unable to pay rent due to the COVID -19 pandemic and preempted lo cal eviction protections (the state eviction protections were extended to residential tenancies through March 31, 2022); and
WHEREAS, displacement of residential tenants caused by eviction creates undue hardship on these tenants by making it difficult to follow public health orders and guidance of social distancing and isolation, and puts them at risk of homelessness due to the City’s documented shortage of affordable housing; and
WHEREAS, through “no-fault” evictions, tenants can be evicted and displaced from their homes despite satisfying monthly rental obligations and acting in good faith to comply with the terms of their lease; and
WHEREAS, a tenant’s sudden and immediate displacement caused by a “no-fault” eviction can have a profound impact on th e financial, emotional, and professional stability of a tenant’s life, which impacts are compounded by the ongoing COVID-19 pandemic; and
WHEREAS, the Covid-19 Pandemic continues to impact our communities and evictions have been associated with higher CO VID-19 transmission and mortality through overcrowded living environments, transiency, reduced access to healthcare, and challenges to comply with mitigation strategies; and
WHEREAS, the Council finds that adopting this Ordinance is necessary and appropr iate to address the threats to the public health, safety, and welfare of its citizens to ensure residents continue to have stable shelter and to protect residents from avoidable homelessness; and
WHEREAS, this Ordinance further limits the permissible rea sons for termination of a residential tenancy and provides additional tenant protections. City Council hereby declares and finds that that this Ordinance more protective than the State Tenant Protection Act of 2019 (AB 1482) and that this Ordinance shall apply rather than the Act.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 9.65 of the Chula Vista Municipal Code is added as follows:
Chapter 9.65
RESIDENTIAL LANDLORD AND TENANT ORDINANCE
Sections:
9.65.010 Title.
9.65.020 Findings and Purpose.
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9.65.030 Definitions.
9.65.040 Termination of Long Term Tenancies Prohibited Without Just Cause .
9.65.050 Requirements Upon Occupation of Rental Unit by Owner or Family Member or Government or Court Ordered Termination of a Long Term Tenancy .
9.65.060 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market .
9.65.070 Requirements Upon Complete Demolition of a Residential Rental Un it in a Residential Rental Complex .
9.65.080 Requirements Upon Remodel or Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex.
9.65.090 Tenant Harassment/Retaliation Prohibited.
9.65.100 Enforcement and Remedies.
9.65.110 Limitations on Application.
CHAPTER 9.65
9.65.010 Title.
This chapter shall be known as the Chula Vista Residential Landlord and Tenant Ordinance and may be referred to herein as the Residential Landlord and Tenant Ordinance.
9.65.020 Findings and Purpose.
A. Subject to the provisions of appliable law, the purpose of the Residential Landlord and Tenant Ordinance is to require just cause for termination of residential tenancies consistent with Civil Code section 1946.2, to further limit the reasons for termination of a residential tenancy, to require greater tenant relocation assistance in specified circumstances, and to provide additional protections.
B. In accordance with California Civil Code Section 1946.2(g)(1)(B), the City Council finds that the provisions of this chapter regulating just cause terminations of tenancies are more protective than California Civil Code Section 1946.2 for the following reasons:
1. The just cause for termination of a residential tenancy under this chapter is consistent with California Civil Code Section 1946.2.
2. This chapter provides additional tenant protections that are not prohibited by any other provisions of applicable law.
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C. This chapter shall not apply to the types of residential tenancies or circumstances specified in section
9.65.100.
9.65.030 Definitions.
Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings set forth herein:
A. “Bad Faith” means an intent to vex, annoy, harass, provoke or injure another person. This includes the intent of an Owner to induce a Tenant to vacate a Residential Rental Unit through unlawful conduct.
B. “City” means the City of Chula Vista.
C. "Disabled" means an individual with a disability, as defined in California Government Code Section 12955.3.
D. "Elderly" means an individual sixty-two (62) years old or older.
E. “Family Member” means the spouse, domestic partner, children, grandchildren, parents or grandparents of the residential unit Owner.
F. “Housing Service" means repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, pest control services, access to exterior doors, entry systems, and gates, utilities that are paid by the Owner, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, the right to have pets, and any other benefit, privilege or facility connected with the use or occupancy of any Residential Rental Unit .
Housing Services to a Residential Rental Unit shall include a proportionate part of services provided to common facilities of the building in which the Residential Rental Unit is contained.
G. “Long Term Tenancy” means the continuous and lawful occupation of a Residential Rental Unit for 12 months or more by a Tenant.
H. “Owner” means any Person, acting as principal or through an agent, having the right to offer a Residential Rental Unit for rent, and includes a predecessor in interest to the owner.
I. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
J. “Residential Rental Complex” means one or more buildings, located on a single lot, contiguous lots, or lots separated only by a street or alley, containing three or more Residential Rental Units rented or owned by the same Owner.
K. “Residential Rental Unit ” means any dwelling or unit that is intended for human habitation, Ordinance
including any dwelling or unit in a mobilehome park that is not a Mobilehome Residency Law (“MRL”) Tenancy defined by Civil Code Section 798.12 (or a tenancy governed by the MRL).
L. “Substantial Remodel” means, for a Residential Rental Unit, all the following criteria are met:
(1) any structural, electrical, plumbing, or mechanical system is being replaced or substantially modified; (2) the cost of the improvements (excluding insurance proceeds, land costs, and architectural/engineering fees) is equal to or greater than $40 per square foot of the Residential Rental Unit; (3) a permit is required from a governmental agency, or the abatement of hazardous materials, including lead -based paint, mold, or asbestos is required in accordance with applicable federal, state, and local laws and cannot be reasonably accomplished in a safe manner with the Tenant in place; and (4) it is necessary for the Residential Rental Unit to be vacant for more than sixty (60) days . Cosmetic improvements alone, including painting, decorating, flooring replacement, counter replacement, and minor repairs, or other work that can be performed safely without having the Residential Rental Unit vacated, do not qualify as replacement or Substantial Remodel.
M. “Tenancy” means the lawful occupation of a Residential Rental Unit and includes a lease or sublease.
N. “Tenant” means a tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled by written or oral agreement to the use or occupancy of any Residential Rental Unit.
9.65.040 Termination of Long Term Tenancies Prohibited Without Just Cause
A. Prohibition. An Owner of the Residential Rental Unit shall not terminate a Long Term Tenancy without just cause, which shall be stated in the written notice to terminate said Tenancy.
B. Just Cause Circumstances. “Just cause” for purposes of 9.65.040(A) above includes either at-fault just cause or no -fault just cause as follows:
1. “At-fault just cause ” is any of the following:
a. Default in payment of rent.
b. A breach of material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
c. Maintaining, committing, or permitting the maintenance or commission of a nuis ance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
d. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
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e. The Tenant had a written lease that terminated on or after the effective date of this chapter, or July 1, 2022 , if the lease is for a Tenancy in a mobilehome, and after a written request or demand from the Owner, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
f. Criminal activity by the Tenant at the Residential Rental Unit, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the property where the Residential Rental Unit is located , that is directed at any Owner, any agent of the Owner, or any other Tenant of the Residential Rental Unit or of the property where the Residential Rental Unit is located .
g. Assigning or subletting the premises in violation of the Tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
h. The Tenant’s refusal to allow the Owner to enter the Residential Rental Unit as authorized by Sections 1101.5 and 1954 of the Code of Civil Procedure, and Sections 13113.7 and 17926.1 of the Heal th and Safety Code.
i. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. A Tenant shall not be considered to have used the premises for an unlawful purpose solely on the basis of the fact that the Owner’s Residential Rental Unit is unpermitted, illegal, or otherwise unauthorized under applicable laws.
j. The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
k. When the Tenant fails to deliver possession of the Residential Rental Unit after providing the Owner written notice as provide in Section 1946 of the Civil Code of the Tenant’s intention to terminate th e hiring of the real property or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Pro cedure.
2. “No-fault just cause ” is any of the following:
a. Termination of Tenancy because of i ntent to occupy the Residential Rental Unit by the Owner or their spouse, domestic partner, children, grandchildren, parents or grandparents (collectively referred to as Family Member) . In such cases, the Ordinance
requirements of section 9.65.050 shall apply.
i. For leases entered into after the effective date of this chapter, or July 1, 2022 if the lease is for a Tenancy in a mobilehome, Section 9.65.040 B(2)(a) shall only constitute no-fault just cause if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, uni laterally decides to occupy the Residential Rental Unit.
ii. Addition of a provision allowing the Owner to terminate the lease as described in Section 9.65.404 (B)(2)(a) to a new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of Section 9.65.040(B)(1)(e).
b. Termination of tenancy because of Owner complying with any of the following:
i. An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Rental Unit.
ii. An order issued by a government agency or court to vacate the Residential Rental Unit.
iii. A local ordinance that necessitates vacating the Residential Rental Unit.
If it is determined by any government agency or court that the tenant is at fault for the c ondition or conditions triggering the order or need to vacate under this subsection, the Tenant shall not be entitled to relocation assistance as set forth in this chapter.
In such cases, where compliance with the above government or court order is required, section 9.65.050 shall apply.
c. Termination of Tenancy because of intent to withdraw the Residential Rental Unit from the rental market. In such case, the requirements of section 9.65.060 apply.
d. Termination of Tenancy because of i ntent to completely demolish the Residential Rental Unit to the ground, including removal of the foundation supporting the Residential Rental Unit. In such case, the requirements of section 9.65.070 apply.
e. Termination of Tenancy because of i ntent to Substantially Remodel the Residential Rental Unit. In such case, the requirements of section 9.65.080 apply.
C. Notice of Tenant Protection Provisions. An Owner of a Residential Rental Unit subject to this chapter shall provide written notice in no less than 12-point type to the Tenant as follows:
“California law limits the amount your rent can be increased. See Civil Code section 1947.12 Ordinance
for more information. Local law also provides that once a tenant has continually and lawfully occupied a rent al unit for 12 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. In some circumstances, tenants who are elderly (62 years or older) or disabled may be entitled to additional tenant protections. See Chula Vista Municipal Code chapter 9.65 for more information.”
For a Tenancy in a Residential Rental Unit subject to this chapter existing before the effective date of such, the notice required above shall be provided to the Tenant no later than 30 days after the effective date of this chapter, or as an addendum to the lease or rental agreement. For a Tenancy in a Residential Rental Unit subject to this chapter commenced or renewed on or after the effective date of this chapter, the notice required above shall be included as an addendum to the lease or rental agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant.
The provision of this notice shall be subject to Civil Code section 1632.
D. Notice and Opportunity to Cure Lease Violation. Before an Owner of a Residential Rental Unit issues a notice to terminate a Long Term Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to Code of Civil Procedure section 1161(3). If the violation is not cured within the time period set forth in the notice, a three -day notice to quit without an opportunity to cure may thereafter be serve d to terminate the Tenancy.
9.65.050 Requirements Upon Occupation of Rental Unit by Owner or Family or Government or Court Ordered Termination of a Long Term Tenancy
A. When an Owner terminates a Long Term Tenancy based on the occupation of a Residential Rental Unit by Owner or a Family Member or a government or court order, as specified in
9.65.040(B)(2)(a) or (b) , the Owner shall provide notice and relocation assistance to the Tenant(s) as follows:
1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of:
a. The Owner’s intent to terminate the tenancy based on occupation of a Residential Rental Unit by Owner or a Family Member or pursuant to government or court order of the Residential Rental Unit. Such notice shall be provided to the Tenant as follows:
(1) thirty (30) day’s -notice for an Owner or Family occupation of the Residential Rental Unit; and (2) sixty (60) day’s -notice for a government or court order. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to the City via email; and
b. The Tenant’s right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant’s rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any reloc ation assistance payment shall Ordinance
be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and
c. The Tenant’s right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty (30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed.
2. Relocation Assistance. The Owner shall, regardless of the tenant’s income, at the Owner’s option, do one of the following to assist the Tenant to relocate:
a. Provide a direct payment to the Tenant in an amount equal to one (1) month’s rent for an occupation by Owner or Family Member and two (2) months’ rent for government or court order using the rent amounts set forth in the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice t o terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to two (2) months’ rent for an occupation by Owner or Family Member and three (3) months’ rent for government or court order using the rent amounts set forth in the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or
b. Waive in writing the payment of rent in an amount equivalent to the direct payment s specified in subsection (A)(2)(a) above, prior to the rent becoming due.
B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection 9.65.050 (A)(1)(b)(i) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement.
C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant.
D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
E. If the Tenant fails to vacate after the expiration of the notice to terminate the Long Term Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession.
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F. If the Residential Rental Unit is returned to rental market, and offered for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the termination pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant’s desire to consider an off er to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed.
G. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9.40 of this Code shall apply.
H. An Owner’s failure to strictly comply with this section shall render the notice of termination void.
9.65.060 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market
A. Pursuant to Section 7060.1(c) of the Government Code, w hen an Owner terminates a Long Term Tenancy based on the withdrawal from the rental marke t, as specified in
9.65.040(B)(2)(c) above, of a Residential Rental Unit in a Residential Rental Complex from the rental market, the Owner shall provide notice and relocation assis tance to the Tenant as follows:
1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of:
a. The Owner’s intent to terminate the tenancy based on a withdrawal of the Residential Rental Unit from the rental market. Such notice shall be provided to the Tenant at least sixty (60) days prior to withdrawal of the Residential Rental Unit from the rental market.
The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to the City via email; and
b. The Tenant’s right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant’s rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to th e Tenant within fifteen (15) calendar days of service of the notice; and
c. The Tenant’s right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty (30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and (ii) must furnish the Owner with an address to which that offer is to be Ordinance
directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed.
2. Relocation Assistance. The Owner shall, regardless of the tenant’s income, at the Owner’s option, do one of the following to assist the Tenant to relocate:
a. Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S.
Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three (3) months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code i n which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or
b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above, prior to the rent becoming due.
B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement.
C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant.
D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession.
F. If the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, the Owner shall:
a. First offer the unit for rent or lease to the Tenant displaced from that unit by the withdrawal pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant’s desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. If the Tenant wishes to accept the offer to renew the Tenancy, the Tenant shall notify the Owner in writing within thirty (30) days of the Owner’s offer to renew the Tenancy.
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b. Should the property be placed on the rental market again within the two (2) year period, then property owner shall be liable for six (6) month’s rent to the last tenant of the Residential Rental Unit at the rental rate in place at the time the rental unit is re-rented as set forth U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located.
c. This section F does not apply if the property is rented to owner’s Family Members during the two year period, converted to another use, or otherwise sold.
G. This section shall not apply to mobilehome Tenants ; the provisions of Chapter 9.40 of this Code shall apply.
H. An Owner’s failure to strictly comply with this section shall render the notice of termin ation void.
9.65.070 Requirements Upon Complete Demolition of a Residential Rental Property in a Residential Rental Complex
A. When an Owner terminates a Long Term Tenancy based on the complete demolition , as specified in 9.65.040(B)(2)(d) above, of a Residential Rental Unit in a Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows:
1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of:
a. The Owner’s intent to terminate the tenancy based on a complete demolition of the Residential Rental Unit. Such notice shall be provided to the Tenant at least sixty (60) days prior to the complete demolition of the Residential Rental Unit. The Owner, at the same time it provides notice to the Tenant, shall also provide a copy of such notice to the City via email; and
b. The Tenant’s right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant’s rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocati on assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and
c. The Tenant’s right to receive an offer to renew the Tenancy in the event that new units are constructed on the property with in five (5) years, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty ( 30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that new units are constructed on the property; and (ii) must furnish the Owner with an Ordinance
address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed.
2. Relocation Assistance. The Owner shall, regardless of the tenant’s income, at the Owner’s option, do one of the following to assist the Tenant to relocate:
a. Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three (3) months of the U.S.
Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or
b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above. prior to the rent becoming due.
B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement.
C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts due to the Tenant.
D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession.
F. If the Residential Rental Unit is demolished and new units are constructed on the same property, and offered for rent or lease for residential purposes within five years of the date the Tenancy was terminated , the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the termination pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant’s desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed.
G. This section shall not apply to mobilehome Tenants ; the provisions of Chapter 9.40 of this Code shall apply.
H. An Owner’s failure to strictly comply with this section shall render the notice of termination void.
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9.65.080 Requirements Upon Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex
A. When an Owner terminates a Long Term Tenancy based on the Substantial Remodel , as specified in 9.65.040(B)(2)(e) above, of a Residential Rental Unit in a Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows :
1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of:
a. The Owner’s intent to terminate the Tenancy based on a Substantial Remodel of the Residential Rental Unit . Such notice shall be provided to the Tenant at least sixty (60) days prior to conducting the Substantial Remodel. The Owner, at the same time it provides notice to the Tenant, shall also provide a copy of such notice to the City via email; and
b. The Tenant’s right to relocation assistance or rent wa iver pursuant to this section.
If the Owner elects to waive the Tenant’s rent as provided in subse ction (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and
c. The Tenant’s right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty (30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed.
2. Relocation Assistance. The Owner shall, regardless of the tenant’s income, at the Owner’s option, do one of the following to assist the Tenant to relocate:
a. Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy . If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three (3) months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or Ordinance
b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above prior to the rent becoming due.
B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement.
C. The relocation assistance or rent waiver required by this section sh all be in addition to the return of any deposit or security amounts due to the Tenant.
D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
E. If the Tenant fa ils to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession.
F. If the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated based on the intent to conduct a Substantial Remodel of the Residential Rental Unit, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the intent to conduct a Substantial Remodel pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant’s desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. The Owner shall have the right to screen the Tenant using industry accepted methods for the new tenancy.
G. This section shall not apply to mobilehome Tenants ; the provisions of Chapter 9.40 of this Code shall apply.
H. An Owner’s failure to strictly comply with this section shall render the notice of termination void.
9.65.090 Tenant Harassment/Retaliation Prohibited
A. No Owner or such Owner's agent, contractor, subcontractor, or employee , alone or in concert with another, shall do any of the following in Bad Faith to harass or retaliate against a Tenant for exercising their rights under this chapter:
1. Interrupt, terminate, or fail to pr ovide housing services required by contract, by State, County or City laws, or any health or safety laws;
2. Fail to perform repairs and maintenance required by contract or by State, County or City laws, or any health or safety laws;
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3. Fail to exercise due diligence in completing repairs and maintenance once undertaken;
4. Abuse the Owner's right of access into a Residential Rental Unit as that right is provided by law. This includes entries for “inspections” that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry;
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 proh ibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS, occupancy by a minor child, or any other protected classification;
9. Take action to terminate any Tenancy including service of notice to quit or other eviction notice or bring any action to recover possession of a Residential Rental Unit based upon facts that the Owner has no reasonable cause to believe to be true or upon a leg al theory that is untenable under the facts known to the Owner. No Owner shall be liable under this section for bringing an action to recover possession unless or until the Tenant has obtained a favorable termination of that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a Tenant on behalf of an Owner to recover possession of a Residential Rental Unit;
10. Interfere with a Tenant's right to quiet use and enjoyment of a Residential Rental Unit as that right is defined by California law;
11. Refuse to acknowledge receipt of a Tenant's lawful rent payment;
12. Interfere with a Tenant's right to privacy. This includes entering or photographing portions of a Residential Rental Unit that are beyond the scope of a lawful entry or inspection.
B. No Owner shall retaliate against a Tenant because of the Tenant's exercise of rights under this chapter. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation.
C. This section sha ll not apply to MRL Tenancies under Civil Code Section 798.12 or mobilehome Tenants, as the provisions of Section 1940.2 of the Civil Code and Division 2, Part 2, Chapter 2.5 of the Civil Code (the Mobilehome Residency Law) apply.
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9.65.100 Enforcement and Remedies.
A. Guiding Principles. The City seeks to promote good relations between Owners and Tenants.
1. To further that goal, Owners and Tenants should treat each other with respect, listen to each other, and make good faith efforts to informally resolve issues. If Landlords and Tenants cannot informally resolve issues, dispute resolution and mediation should be used.
2. This chapter provides for various remedies, including City enforcement. Disputes should be settled as set forth in paragraph 1 above. However, if they are not able to be settled, the primary enforcement mechanism is otherwise expected to be the Private Remedies set forth in Section 9.65.100(E).
3. This chapter provides for City enforcement as set forth in Section 9.65.100(D). The City has the sole and unfettered discretion to determine if it and when it will engage in enforcement of this chapter. Owners and Tenants are encouraged to resolve disputes as set forth in paragraphs 1 and 2 above.
B. Violations/Failure to Comply. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter. Each day that a violation continues is deemed to be a new and separate offense.
C. No Waiver. Any waiver of the rights under this chapter shall be void as contrary to public policy.
D. City Attorney Enforcement. The City Attorney may pursue the following actions to enforce this chapter:
1. Alternative Remedies. The City Attorney may require Owner and Tenant to participate in education programs related to Landlord-Tenant issues, mediation, or an alternative dispute program.
2. Criminal Penalty. Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) or imprisonment for not more than six months, or by both a fine and imprisonment. At the sole discretion of the Cit y Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction.
3. Civil Action. The City, or the City Attorney on behalf of the People of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. The City may also pursue Ordinance
damages as set forth in 9.65.060(F)(b). The burden of proof in such cases shall be preponderance of the evidence.
1. Administrative Citations and Penalties. The City Attorney or an Enforcement Officer may issue administrative citations or civil penalties in accordance with Chapter 1.41 of this Code for violation of any of the provisions of this chapter. The City may also pursue damages as set forth in 9.65.060(F)(b). When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued.
4. Subpoena Authority. The City Attorney’s Office may issue subpoenas, including subpoena deuces tecum, for the investigation and prosecution of alleged violations of this chapter.
E. Private Remedies.
2. Civil Action. An aggrieved Tenant may institute a civil action for injunctive relief, direct money damages, and any other relief that the court deems appropriate, which such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, a t the discretion of the court. If the aggrieved Tenant is Elderly or Disabled, the court may award an additional penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court. A Tenant may also pursue damages as set forth in 9.65.060(F)(b).
3. Affirmative Defense. A violation of this chapter may be asserted as an affirmative defense in an unlawful detainer action.
4. Attorney’s Fees. The court may award reasonable attorney’s fees and costs to a Tenant who prevails in any action described in paragraphs 1 and 2 above.
F. Nonexclusive Remedies and Penalties. The remedies specified in this section are cumulative and in addition to any other remedies available under state and local law for violation of this chapter.
9.65.110 Limitations on Application.
A. Nothing in this chapter shall be construed as to prevent the lawful eviction of a Tenant by appropriate legal means.
B. This chapter shall not apply to the following types of residential tenancies or circumstances:
1. Transient and tourist hotel occupancy as defined in Civil Code section 1940(b).
2. Any residential occupancy by reason of concession, permit, right of access, license or other agreement for a period for 30 consecutive calendar days or less, counting portions of calendar days Ordinance
as full days, including Short-Term Rental occupancies as defined in Chula Vista Municipal Code Chapter 5.68.
3. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly as defined in Health and Safety Code section 1569.2, or an adult residential facility as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
4. Residential Property or Dormitories owned by the City, an institution of higher education, or a kindergarten and grades 1 to 12, inclusive.
5. Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental Unit.
6. Single-family Owner-occupied residencies, including both of the following:
a. A residence in which the Owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
b. A mobilehome.
7. A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
8. Residential Rental Unit, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
a. The Owner is not any of the following:
i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one member is a corporation.
iv. Management of a mobilehome park, as defined in Section 798.2 of the Civil Code.
b. The Tenants have been provided written notice that the Residential Rental Unit is exempt from this section using the following statement:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to just cause requirements of Section 1946.2 of the Civil Code and Chapter Ordinance
9.65 of the Chula Vista Municipal Code. This property meets the requirements of sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and section 9.65.110(B)(8) of the Chula Vista Municipal Code, and the Owner is not any of the following: (1) a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
For Tenancy existing before the effective date of this chapter, the notice required above may, but is not required to, be provided in the rental agreement. For a Tenancy commenced or renewed on or after the effective date of this chapter, the notice required above shall be provided in the rental agreement.
Addition of a provision containing the notice required above to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of section
9.65.110.
9. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093 or comparable federal statutes. This paragraph shall not include housing of a Tenant with a Section 8 Housing Choice Voucher.
10. This chapter shall not apply to a homeowner of a mobilehome, as defined in Civil Code section 798.9 or a Tenancy as defined in Civil Code Section 798.12.
C. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the Ci ty of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
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Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
Presented by Approved as to form by
_____________________________________ ____________________________________ Tiffany Allen Glen R. Googins
Deputy City Manager/ City Attorney
Director of Development Services