Item 6.2
Residential Tenant Protection Ordinance
Presented by:
Mark Barnard, Management Analyst
Gary Williams, LUTH Research
Megan McClurg, Deputy City Attorney
Stacey Kurz, Housing Manager
• September 14, 2021 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 #1
• City Council
(Apr. 12)
• Housing Advisory
Commission
(Apr. 19)
• Stakeholder
Meetings
(May 3 & 6)
• City Council
(May 17)
DRAFT
ORDINANCE #2 • Citywide Survey
• Joint Stakeholder
Meetings
(Jun. 2, Jul. 13,
Aug. 22)
• Draft Reviews
(Sept. & Oct.)
• City Council
(Oct. 25)
RECOMMENDATION
Stakeholder Input
CLASS B CLASS C
Stakeholder Concept /
Fact Finding
Draft
Ordinance
(1)
Draft
Ordinance
(2)
Ordinance #1
Presented to
Council 5/17
Due
Diligence Ordinance #2
Alliance of Californians for Community
Empowerment (ACCE) 12/1/21 1/13 2/23 5/3 & 5/6 6/2 & 7/13 8/22 Building Industry Association (BIA) 2/1 8/22
California Apartment Association (CAA) 12/3/21 1/12 2/17 5/3 & 5/6 6/2 & 7/13 8/22 Chula Vista Chamber of Commerce Policy
Committee 2/23
Pacific Southwest Association of Realtors (PSAR) 12/1/21 1/13 2/17 5/3 & 5/6 6/2 & 7/13 8/22 San Diego Association of Realtors (SDAR) 1/18 2/17 5/3 & 5/6 6/2 & 7/13 8/22 Southern California Rental Housing Association
(SCRHA) 12/2/21 1/12 2/17 5/3 & 5/6 6/2 & 7/13 8/22
Western Manufactured Housing Communities
(WMA) 1/18 5/3 8/22
Housing Advisory Commission (HAC) 12/8/21 1/31 4/19
Housing Providers / Landlords Tenants / Renters
Stakeholder Positions
Type of Housing
Length of Tenancy
Breaches in Lease Terms
Ellis Act Provisions
Allowing Substantial Remodel
First Right of Refusal
Noticing
Relocation
City of Chula Vista
Tenants and Landlords Survey
Whom Did We Survey?
7 8
Research
Methodology
Length of Interview
5 - 8 minutes
Target Audience
Tenants
• Must live in Chula Vista
• Must rent their primary residence
Landlords
• Owned property in Chula Vista that
they rented out to others
Sample Size
N = 271 Tenant Respondents
N = 89 Landlord Respondents who rent out
116 separate units
Luth hosted the survey which was
offered in both English and
Spanish.
Luth sent out email invites to
panelists on the SurveySavvy
panel who live in one of the Chula
Vista zip codes.
The City of Chula Vista and
partners used mass emails,
newsletters, website postings and
social media to send survey links
to residents and landlords in
Chula Vista.
Survey fielding occurred from July
6 – July 26, 2022
8 Tenant Results
9 10
The entire city of Chula Vista was
represented. The majority of tenant
respondents are in the 91910 and
91911 zip codes.
Zip Codes
QS3A: What zip code is the home or apartment you are currently renting? Tenants
100%
5%
41%
26%
17%
2%
8%
Total 91902 91910 91911 91913 91914 91915
Total n=271 Tenant Respondents
91910
91911
91914
91915
91902
91913
11 Single Family Detached
Homes are the most
common dwelling type
rented in the 91902,
91914 and 91915 zip
codes.
For the remaining zip
codes, a rental complex
with 11 or more units are
the most common
dwelling type.
Condo rentals are found
more in the 91914 and
91915 zip codes.
Type of Dwelling
Rented
Tenants
QR1: What type of property are you currently renting in Chula Vista? Total 91902 91910 91911 91913 91914 91915
Base: 271 13 112 71 47 6 22
Single Family Detached House 25% 31% 25% 20% 28% 33% 36% ADU (that is an Accessory
Dwelling Unit) of a Single
Family House
1% 2% 5%
Duplex 9% 8% 13% 8% 6%
Rental complex with 3-5 units 8% 15% 8% 13% 4% 17%
Rental complex with 6-10 units 10% 15% 10% 13% 9%
Rental complex with 11 or more
units
37% 23% 33% 44% 43% 17% 36%
Condominium 9% 8% 9% 3% 11% 33% 23%
12 Only one in ten tenant respondents
are renting a property that the
owner also lives on.
Owner Occupied
Tenants
10%
23%
7%
17%
4%
17%
9%
Total 91902 91910 91911 91913 91914 91915
Zip Code of Property
QR2: Does the owner also live on the property?
10% 12%
67%
8%
Total Single Family ADU Duplex
Dwelling Type
Base: 271 13 112 71 47 6 22
Base: 271 69 3 25
13 Single Family Homes, duplexes and
smaller 3 to 5 unit buildings have
tenant respondents who have lived
in them longer.
Length of Time Lived in
Residence by Unit
Type
Tenants
QR3: How long have you lived in this residence?
Total Single
Family
ADU Duplex 3-5
Units
6-10
Units
11+
Units
Condo
Base: 271 69 3 25 23 26 100 25
Less than 1 year 7% 6% 33% 4% 9% 4% 10% 4%
1 – 2 years 10% 7% 8% 9% 4% 13% 12%
2 – 3 years 15% 9% 8% 13% 15% 18% 28%
3 – 5 years 22% 13% 67% 28% 26% 38% 21% 20%
5 – 10 years 28% 41% 24% 13% 23% 25% 36%
10 years or more 18% 25% 28% 30% 15% 13%
Overall average length of
tenancy in years
5.8 7.2 2.3 7.0 6.7 5.8 4.8 3.8
Overall median length of
tenancy in years
4.0 6.0 3.0 5.0 4.0 3.0 3.0 3.0
14 One in five tenant respondents in
small buildings are paying less than
$1,000 per month for rent.
Renters of Single Family Homes
and Condos are paying the most for
rent.
Rent Paid
Tenants
Total Single
Family
ADU Duplex 3-5
Units
6-10
Units
11+
Units
Condo
Base: 271 69 3 25 23 26 100 25
One Bedroom $1482.7 $1266.3 $1600.0 $1675.0 $1354.3 $1395.0 $1548.3 $1400.0 Two Bedrooms $1985.9 $2158.3 - $1970.3 $1732.9 $1873.1 $1956.7 $2393.2 Three Bedrooms $2368.7 $2448.0 $3200.0 $2200.0 $1912.0 $1891.7 $2350.2 $2480.8 Four or more Bedrooms $3332.0 $3376.3 - $3066.7 - - - - QR5: What is your current rent amount?
Total Single
Family
ADU Duplex 3-5
Units
6-10
Units
11+
Units
Condo
Base: 271 69 3 25 23 26 100 25
$1,000 or less 4% 3% 22% 4% 3%
$1,001 to $1,499 11% 1% 4% 9% 23% 17% 8%
$1,500 to $1,999 29% 12% 67% 56% 30% 31% 39% 4%
$2,000 to $2,499 26% 30% 12% 26% 38% 20% 44%
$2,500 to $2,999 17% 26% 12% 13% 4% 14% 28%
$3,000 or more 13% 28% 33% 16% 7% 16%
Rent Paid
Average Rent Paid by Size
15 Tenant respondents in larger
buildings are much more likely to
have received a rent increase in
2022 but the increases are smaller
than average.
Rent Increase
Tenants
Total Single
Family
ADU Duplex 3-5
Units
6-10
Units
11+
Units
Condo
Base: 271 69 3 25 23 26 100 25
In 2022 41% 35% 33% 32% 35% 31% 54% 28%
In 2021 20% 17% 36% 17% 19% 19% 24%
2020 or Before 8% 7% 8% 18% 23% 2%
Never had an increase 31% 41% 67% 24% 30% 27% 22% 44%
Total Single
Family
ADU Duplex 3-5
Units
6-10
Units
11+
Units
Condo
Base: Had a rent increase 41 1 19 16 19 78 14 41
$50 or less 18% 10% 26% 19% 47% 15%
$51 to $99 9% 2% 100% 5% 6% 5% 14%
$100 to $149 34% 29% 47% 31% 26% 36% 29%
$150 to $199 13% 27% 5% 13% 10% 14%
$200 or more 28% 32% 16% 31% 21% 24% 57%
Mean increase 180.9 190.7 75.0 263.9 137.8 185.7 162.7 190.7 Date of Last Increase
Amount of Rent Increase
QR6: When was your most recent rent increase?
QR7: By how much did your rent increase?
16 One in ten Chula Vista tenant
respondents say they have received
an eviction notice or a termination
of tenancy in the past three months.
Received a
Termination of
Tenancy Notice
Tenants
26 0
11 8
3 0
4 Total 91902 91910 91911 91913 91914 91915
28 3 1 1 3 3
11 4
Total Single
Family
ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo
Base: 271 13 112 71 47 6 22
Base: 271 69 3 25 23 26 100 25
QR8: Have you received a termination of tenancy or an eviction notice in Chula Vista in the past three months?
17 The primary reason for an eviction
notice is for non-payment of rent,
however, many have also received
notices due to the owner or family
moving in and substantial
rehabilitation.
Reason for Eviction
Tenants
1 1
1 1
2 2
2 3
5 8
Failure to deliver possession
Demolition of property
Nuisance
Refusal of entry to landlord
Failure to vacate
Covid-related
Removal from rental market
Substantial rehabilitation
Owner or family moved in
Non-payment of rent
Number of Respondents
QR9: Why did you receive a termination of tenancy or an eviction notice? (multiple responses) Total n=271 Tenant Respondents; actual number of respondents shown in table Landlord Results
18 19
Zip Codes and
Dwelling Type of
Rentals
100%
7%
62%
36%
12% 9% 4%
Total 91902 91910 91911 91913 91914 91915
100%
79%
7%
20% 13% 10% 16% 18%
Total Single
Family
ADU Duplex 3-5 Units 6-10 Units 11+ Units Condo
Base: Landlords = 89
Landlords
QL1:Which of the following zip codes below are your properties in? (Multiple responses accepted) 20 Single Family Homes
Landlords
1%
2%
3%
4%
18%
71%
6 5
4 3
2 1
Number Owned
3%
7%
10%
29%
44%
7%
91915
91914
91913
91911
91910
91902
Zip Codes
Base: Landlords = 70 Base: SFH Units = 89
10%
36%
54%
Property Mgr Owner
Property Manager
Owner/Not a Property Mgr
Managed By
Base: SFH Units = 89
QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted) 21 DUPLEX
Landlords
5%
0%
5%
19%
71%
5 4
3 2
1 Number Owned
0%
0%
0%
13%
47%
3%
91915
91914
91913
91911
91910
91902
Zip Codes
Base: Landlords = 11 Base: Duplex Units = 21
14%
38%
48%
Property Mgr Owner
Property Manager
Owner/Not a Property Mgr
Managed By
Base: Duplex Units = 21
18 3
Base: Duplex Units = 21
Live at property
Do Not live at property
QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted) QL3: Continue to think about the properties you lease in the _____ area? Do you also live at f the following property? (Single response) 22 Total 3+ Units
Landlords
26%
12%
62%
3+
2 1
Number Owned
2%
8%
8%
31%
40%
8%
91915
91914
91913
91911
91910
91902
Zip Codes
Base: Landlords = 34 Base: 3-5 unit Units = 48
23%
38%
40%
Property Mgr Owner
Property Manager
Owner/Not a Property Mgr
Managed By
Base: 3-5 Units Units = 48
QL2: How many properties of the following types are you leasing in the _____ area? (Multiple responses accepted) QL4: Who manages the property/properties for each of the following in the _____ area? (One response per property accepted) 23 Termination of
Tenancy Notices
Total SFD/
Duplex
3+
Units
Base: Total Number of Units 157 117 40
Removal from rental market 17 10 7
Demolition of property 12 6 6
Substantial rehabilitation 22 10 12
Government order 9 4 5
Owner or family move-in 15 7 8
Landlords
QL6: Have delivered any termination of tenancy notices in the _____ area in the past three months for any of the following no-fault evictions?
Actual Number of No-Fault Evictions Reported
Eviction Process
QL7: Did you provide tenants with any of the following? (multiple responses accepted)
Total SFD/
Duplex
3+
Units
Base:# of No-Fault Eviction Units 34 20 14
Cash for Keys 10 5 5
Assistance in locating to
another rental unit
7 4 3
Moving assistance (physical) 5 3 2
Relocation assistance
(financial)
13 8 5
Other 0 0 0
None of the Above 10 6 4
Actual Number Provided for No-Fault Evictions
24 Number of Residents
Affected by No-Fault
Eviction
Total SFD/
Duplex
3+
Units
Removal from rental market
Number of Units Removed 17 10 7
Number of Residents Affected 111 50 61
Demolition of property
Number of Units Removed 12 6 6
Number of Residents Affected 80 29 51
Substantial rehabilitation
Number of Units Removed 22 10 12
Number of Residents Affected 125 46 79
Government order
Number of Units Removed 9 4 5
Number of Residents Affected 15 10 5
Owner or family move-in
Number of Units Removed 15 7 8
Number of Residents Affected 74 35 39
Landlords
Actual Number of Residents Affected
QL6: If yes, how many residents were affected?
25 Awareness of State
Law AB1482
Total SFD Owner
Managed
3+ Units
Base: 89 44 34
Yes 65% 59% 86%
No 35% 41% 14%
Landlords
QL8: Are you aware that as a landlord of any type of property, you must provide specific notification about State Law AB1482? (Landlord respondents can be both SFD Owner Managed and Own 3+ Units) • Originally enacted in 1985.
• Protects a property owner’s right to exit the rental business • Permits all jurisdictions to mitigate adverse impacts • Does not override protection from abusive evictions
• Rent control jurisdictions have explicit additional Ellis Act options Existing Law - Ellis Act
(Government Code 7060, et seq.)
Existing Law - Tenant Protection Act
of 2019 (AB-1482)
• Effective January 1, 2020.
• Defines and requires termination
reason for certain tenancies:
• At-Fault Just Cause – Based on the tenant’s
acts or failure to act.
• No-Fault Just Cause – Unrelated to tenant’s
acts or failure to act.
• Requires notifying tenant of
inclusion or exemption
• Mandates termination basis notice
& relocation assistance
• Allows jurisdictions to provide for
greater tenant protections.
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%)
Existing Law –
Harassment and Retaliation Prohibited
(Civil Code 1940.2 & 1942.5)
• Civil Code sections 1940.2 & 1942.5 prohibit harassment and retaliatory behavior against tenants
• Allow a tenant to pursue a private civil action for damages and penalties as a result of a landlord’s harassing or retaliatory behavior
• Provide an affirmative defense in an unlawful detainer action • Local jurisdictions may further regulate anti-harassment provisions • Assess & Evaluate Resources
• Outreach
• Data Collection
• Clarify Definitions
• Length of Tenancy
• Relocation Metric
• First Right of Refusal
• Clarify Enforcement Process
& Remedies
• Limitations on City Authority
May 17th Council Item 7.2
Table 1
Summary of Council Comments on May 17th & Action to Address May 17th Comment Action to Address
Assessment of Housing Staff Resources A separate action will be brought forward to Council regarding Housing resources and restructuring to address increasing emphasis on Housing matters.
Develop Outreach Plan City entered into a contract with NV5 /Ardurra in June 2022 for assistance in facilitating stakeholder meetings, inventorying available stakeholder resources and
developing an outreach strategy for initial ordinance
implementation and a long -term educational campaign.
An outline of the collaborative stakeholder outreach
opportunities is provided later in the staff report.
Tracking/Data Collection Added Ordinance requirements for landlords to provide data to be submitted to the City along with notice(s)
served to resident(s), to be more fully defined in the
Administrative Regulations. City staff will maintain no - fault noticing and work with CSA to establish data
collection for other tenant/landlord issues and
terminations.
How Would Tenancy be Validated? Ordinance provides definitions on qualifications for tenancy and tools for tenants to civilly pursue.
Length of Tenancy for Protections Removed the requirement that Just Cause is required only for Long-Term Tenanc ies. As a result, Just Cause is
required to terminate a tenancy of any length.
Review Relocation Metric of U.S.
Department of Housing and Urban
Development (HUD) Small Area Fair
Market Rent (SAFMR) to Ensure it
Reflects Current Rental Market
The SAFMR is updated in April of every year . While the City has seen a significant increase in rental rates in the past year, historically the Consumer Price Index (CPI)
increase for the San Diego area averages 2.5 -3.0%
annually. A survey, further discussed below was
conducted in July 2022 and sho wed average rents well
below the SAFMR.
However, to address concerns regarding increased
market rents, the Ordinance has been updated to provide relocation assistance for a specified number of months at the greater of the SAFMR for that zip code or actua l
contracted rent.
Strengthen Protections around First
Right of Refusal
Added requirement for landlord to include minimum
criteria for requalification of tenancy with first right of refusal noticing and greater specificity of timeframes.
Clarify Enforcement of Criminal Offenses Ordinance updated to specify that criminal penalties are authorized only in the case of the Owner’s interference with a Tenant’s occupancy involving (a) threat, fraud,
intimidation, etc.; (b) a public nuisance; (c) cutting off utilities; or restricting trade (including delivery services) to or from a Tenant.
Address Enforcement Process and Define
Remedies
Administrative Regulations will provide additional details for enforcement.
• Reorganization
• Clarifications and Stakeholder Concerns Addressed
• Length of Tenancy
• Relocation Assistance
• First Right of Refusal
• Return to Market
• Enforcement & Criminal Offenses
Ordinance Updates Since May
• Deleted definition for “Long Term
Tenancy”
• All affected housing types receive
benefits on day one of tenancy
Length of Tenancy
Relocation Assistance
U.S. Department of Housing and Urban Development Small
Area Fair Market Rent (April 2022)
San Diego County, CA Advisory Small Area FMRs By Unit Bedrooms ZIP Code Efficienc
y
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
Exhibit 2
Comparison of Survey Data vs. SAFMR
Greater of: (1) 2 months contracted rent or 3
months elderly/disabled; or (2) 2 months SAFMR
or 3 months elderly/disabled
• Residential Rental Complex re-rents units within 2 years of termination, shall offer the displaced tenant first, if:
a) Tenant advises Owner in writing within thirty (30)
days of the termination; and
(b) Tenant provides address.
• Owner has right to screen using industry accepted
methods and communicates minimum screening criteria,
per the Administrative Regulations.
First Right of Refusal
• Residential Rental Complex penalty for return to market after removal within 2 years of termination:
• Owner liable for greater of:
(i) six (6) month’s rent HUD SAFMR; or
(ii) six (6) months of actual then in effect contract rent. • Does not apply if the property is rented to Owner’s Family Member, converted to another non-rental use, or
otherwise sold or transferred.
Return to Market
• Mediation & Alternate Dispute Resolution
• Private Remedies for Tenant (civil action, affirmative defense) • City Enforcement (administrative, civil, criminal)
• Criminal penalty (misdemeanor: $1000 fine + up to 6 mo. Imprisonment, or infraction) • Owner interferes with a Tenant’s peaceful enjoyment, use, possession or occupancy of a Residential Rental Unit by (a) threat, fraud, intimidation, coercion, or duress; (b) maintenance or toleration of a public nuisance; (c) cutting off heat, light, water, fuel, Wi-Fi, or free communication by anyone by mail, email, telephone/cell phone, or otherwise; or (d) restricting trade (including the use of delivery services for goods or food) or tradespersons from or to any such Tenant.
Enforcement & Remedies
Comparison to State Regulations
Mobilehome Homeowner
Mobilehome Tenant (AB1482 applies to tenants of mobilehomes) Residential Rental Unit alienable separate from the title to any other dwelling unit that is not owned by a business entity 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 Single-family + ADU w/ owner occupying one unit
Duplex where Owner occupies one unit
Deed restricted affordable housing
Hotel
Rentals of 30 days or less
Medical facilities and care facilities
Residential Property or Dormitories owned by the City
EXEMPTED RESIDENTIAL PROPERTIES FROM CHULA VISTA ORDINANCE *Housing of Any Age
Comparison to State Regulations
IMPACTED HOUSING TYPES IN CHULA
VISTA State - Civil Code 1942.5 Chula Vista State Chula Vista State Chula Vista Single-family owned by business entity*
Single-family + ADU with both occupied by tenants*
Duplex with both units occupied by tenants*
Complex with 3 or more units*
ATTACHMENT 3
COMPARISON OF STATE LAW FOR HARASSMENT & NO-FAULT TERMINATIONS OF TENANCY AND LOCALLY PROPOSED PROTECTIONS Noticing for No-Fault Demolition/Ellis Act/Substantial
Remodel/Owner or Family-Move-InHarassment Substantial Remodel Prohibits
retaliatory
evictions due to
a tenant's
exercise of a
legal right.
Adds 12
harassment/
retaliatory
behaviors.
Defines
Substantial
remodel as: (1)
system is being
replaced or
substantially
modified; (2)
permit is required;
and (3) necessary
to be vacant for
least 30 days.
Defines substantial
remodel as: (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.
Tenancy < 12
months = 30 days
Tenancy ≥ 12
months = 60 days
Consistent with
State Law
*AB1482 (State Tenant Protection Act of 2019) exempts properties less than 15 years of age.
Single-family owned by Business Entity*
Single-family + ADU both Tenant
Occupied*
Duplex both units Tenant Occupied*
Complexes with 3 or more Units*
(Cont.) Comparison to State
Regulations
IMPACTED HOUSING TYPES IN CHULA
VISTA State Chula Vista State Chula Vista
State -
Government
Code 1942.5
Chula Vista
Single-family owned by business entity*
Single-family + ADU with both occupied by tenants*
Duplex with both units occupied by tenants*
Complex with 3 or more units*
From day one of tenancy, greater of: (1)
2 months contracted rent or 3 months
elderly/disabled; or (2) 2 months SAFMR
or 3 months elderly/disabled.
Notify owner within 30 days of
forwarding address
Owner notifies with minimum
criteria for qualifying
If re-rented within 2 years,
greater of: (1) 6 months
contracted rent; or (2) 6
months SAFMR
ATTACHMENT 3
COMPARISON OF STATE LAW FOR HARASSMENT & NO-FAULT TERMINATIONS OF TENANCY AND LOCALLY PROPOSED PROTECTIONS Relocation Assistance for No-Fault Demolition/Ellis Act/Substantial Remodel/Owner or Family-Move-In
First Right of Resfusal for No-Fault Demolition/Ellis
Act/Substantial Remodel/Owner or Family-Move-In
Penalty for Market Re-Entry after Ellis Act/Removal from Market
1 month
contracted
rent
From day one of tenancy, one (1) month
of actual then in effect contract rent
under Tenant’s lease.
None
Consistent with state law
None
Consistent with state law
Single-family owned by Business Entity*
Single-family + ADU both Tenant
Occupied*
Duplex both units Tenant Occupied*
Complexes with 3 or more Units*
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 and Retaliation – Provides 12 additional provisions, including quiet use & enjoyment.
• City Remedies & Enforcement – Defines criminal and civil penalties.
Provides City provisions to intervene.
Conclusion
• Administrative Regulations
• Enforcement Process
• Sample Forms
• Educational Campaigns
• Community Based Organizations
• Schools
• Mailers (Utilities/Conservation)
* Existing Contracts with CSA San Diego
& Ardurra
Next Steps
Item 6.2 Staff Recommendation
Adopt CVMC 9.65 to provide permanent
“Residential Tenant Protections”
As of March 1, 2023
• 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
Local Tenant Protections in CA
30+ jurisdictions in California have
passed additional Just Cause/Anti-
Harassment Ordinances
Rent Control
No Rent Control = 9
City Rent
Control
Relocation Assistance Owner Move-In
Requirement
Tenant Harassment
Berkeley Yes Relocation: $16,341 with additional $5,447 to low-income households. 36 Months Defines 5 types of retaliation.
East Palo Alto Yes Ellis Act requirements only and "powers reserved to the city council." 12 Months Defines 7 types of tenant harassment.
Prohibits 5 types of retaliation.
Glendale No Relocation: two times HUD fair market rent plus $1,000. No Timeline Specified Defines 5 types of retaliation.
Long Beach No Relocation: equal to one month’s rent or waive final month's rent.
No Timeline
Specified
Defines 13 types of tenant
harassment.
Los Angeles Yes Relocation: between $14,000 and $19,700. 24 Months Defines 17 types of tenant harassment.
Oakland Yes
Relocation: $6,500 for studios and one-bedroom apartments. $8,000 for two bedrooms, $9,875 for units with three or more bedrooms.
36 Months
Defines 22 types of tenant
harassment. Prohibits 3 types of
retaliation.
Santa Ana Yes Relocation: waive final three months rent or pay three months rent to each occupant. 24 Months
Defines 15 types of tenant
harassment. Prohibits 3 types of
retaliation.
Rent control can be a valid exercise of City’s police
power
• Must not be preempted by state law
• Must be reasonably related to counteracting a
public harm
• Must include mechanisms for rent adjustments
• Must in general balance landlord and public/tenant
interests
Rent Control/Stabilization