From: Joseph Raso <
Sent: Monday, April 24, 2023 9: 44 AM
To: John McCann < jmccann@chulavistaca. gov>; Joseph Raso < Earl Jentz < local@sduniontribune. com; Jose Preciado
jpreciado@chulavistaca. gov>; Carolina Chavez < cchavez@chulavistaca. gov>; Andrea Cardenas acardenas@chulavistaca. gov>; Alonso Gonzalez < agonzalez@chulavistaca. gov> Subject: Negative Side of Effects of The Tenant Protection Act Honorable Mayor and City Council.
Another communication to make sure you ( and other members of our community) are aware of the the devastating effects the Tenant Protection Act” is having your Chula Vista rental community. Attached below ( in PDF Form) is a copy of:
1) Ordinance Number 3527 of the Chula Vista
Municipal Code, ( commonly known as the
Tenant Protection Act).
2) Tenant Protection Ordinance Administrative Regulations. 3) Outline of negative side effects containing suggested modifications to eliminate hardships to Tenants caused that this ordinance.
Please study the Suggested Modifications closely. You will find the solutions to be simple with data verified by City Staff Please use your position on the Chula City Council to assist the those renters whose Landlord’ s are forced to drastically raise rents because of this poorly worded ordinance.
Warning:
External
Email
Please feel free to call me anytime at if you have
any questions
Thank You
Joseph A Raso
DocuSign Envelope ID: 60E8CD32- AFE8- 43CE- 993A- 32lA82C5C989 ORDINANCE NO. 3527
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 9. 65 TO THE CHULA VISTA MUNICIPAL CODE
TO ESTABLISH RESIDENTIAL TENANT PROTECTIONS
WHEREAS, prior to the COVID- 19pandemic, there existed a lack of affordable housing in the State of California, including San Diego County
https:// www. o 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 the loss of or limited work opportunities and are experiencing unexpected loss of income. These households are at risk of failing to maintain housing and falling into homelessness; and
WHEREAS, given existing income levels of Chula Vista residents and the existing high cost of housing in SanDiego County prior to the COVID- 19 pandemic, including in Chula Vista, any further reductions in income and increasedhousing costs would exacerbateexisting housing affordability issues; and
WHEREAS, a recent report shows that Chula Vista rents increased by 16% over the last year ( https:// www. cbs8. com/ article/ news/ investi at 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, it is essentialto avoid unnecessary housing displacement, to maintain the City' s affordable housing stock, and to prevent housed individuals from falling into homelessness; and DocuSign Envelope ID: 60E8CD32- AFE8- 43CE- 993A- 32lA82C5C989 Ordinance No. 3527
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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 local eviction protections ( the state eviction protections were extended to residential tenancies through March 31, 2022); and
WHEREAS, displacement of residential tenants causedby eviction createsundue 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 homelessnessdue 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 the financial, emotional, and professional stability of a Tenant' s life; and
WHEREAS, the Covid- 19 Pandemic continues to impact our communities and evictions have been associated with higher COVID- 19 transmission and mortality through overcrowded living environments, transiency, reduced access to healthcare, and challenges to comply with mitigation strategies; and
WHEREAS, the State of California has recognized the impact of evictions on individuals and established the State Tenant Protection Act of 2019 ( AB 1482; Civil Code section 1946. 2); and WHEREAS, the State Tenant Protection Act authorizes local jurisdictions to adopt requirements for just causeterminationof aresidentialtenancythataremoreprotectivethantheprovisionsin theStateTenant Protection Act of 2019; and
WHEREAS, this Ordinance is intended to addressthreats to the public health, safety, and welfare of the residents of Chula Vista, to ensure that residents continue to have stable housing, and to protect residents from avoidable homelessness; and WHEREAS, this Ordinance adopts requirements for just cause termination of a residential Tenancy that are more protective than the provisions in the State Tenant Protection Act of 2019, and provides additional tenant protections.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. The City Council of the City of Chula Vista finds as follows:
1. The just cause for termination of a residential tenancy under this local ordinance is consistent with the State of California' s Tenant Protection Act of 2019.
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2. This local ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, and provides additional tenant protections that arenot prohibited by any other provision of law.
3. This local ordinance is more protective than the provisions of the State of California' s Tenant Protection Act of 2019.
Section II. Chapter 9. 65 of the Chula Vista Municipal Code is added as follows:
Chapter 9. 65
RESIDENTIAL TENANT PROTECTION ORDINANCE
Sections:
9. 65. 010 Title and Purpose.
9. 65. 020 Promulgation of Administrative Regulations.
9. 65. 030 Definitions.
9. 65. 040 Residential Tenancies Not Subject to This Chapter.
9. 65. 050 Harassment and Retaliation Against Tenant Prohibited.
9. 65. 060 Just Cause Required for Termination of Tenancy.
9. 65. 070 Requirements Upon Termination of Tenancy.
9. 65. 080 Enforcement and Remedies.
9. 65. 090 Sunset Clause.
9. 65. 010 Title and Purpose.
A. Title. This chapter shall be known as the Chula Vista Residential Tenant Protection Ordinance and maybereferredto hereinastheResidentialTenantProtectionOrdinance.
B. Purpose. Subject to the provisions of applicable law, the purpose of the Residential Tenant Protection Ordinance is to require Just Cause for termination of residential tenancies consistent with Civil Code section 1946.2,tofurtherlimit thereasonsfor terminationof aresidentialtenancy,torequiregreatertenantrelocation assistancein specifiedcircumstances,andto provide additionaltenantprotections.Nothing in this chapter shall be construed as to prevent the lawful eviction of a tenant by appropriate legal means.
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9.65. 020 Promulgation of Administrative Regulations.
The City Manager is authorized to establish, consistentwith the terms of this chapter,Administrative Regulations necessaryto carry out the purposesof this chapter. Administrative Regulations shall be published on the City' s website, and maintained and available to the public in the Office of the City Clerk. Administrative Regulations promulgated by the City Manager shall become effective and enforceableunder the terms of this chapterthirty( 30) daysafter the dateof publication on the City' s website.
9. 65. 030 Definitions.
When used in this chapter, the following words and phrasesshall have the meaningsascribedto them below. Words and phrasesnot specifically defined below shall have the meaningsascribedto them elsewherein this Code, or shall otherwisebe defined by common usage. For definitions of nouns, the singularshallalsoincludetheplural; for definitionsof verbs,all verbconjugationsshallbeincluded.Any referenceto Statelaws,including referencesto any California statutesor regulations,is deemedto include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this Chapter.
AdministrativeRegulations"meansregulationsthatimplementthis chapterauthorizedby theCity Manager pursuant to Section 9. 65. 020.
BadFaith" or" in BadFaith" meanswith theintentto vex,annoy,harass,coerce,defraud,provokeor injure another person. This includes the intent of an Owner to induce a Tenant to vacate a Residential Rental Unit through unlawful conduct.
City" meanstheCity of ChulaVista.
City Attorney"meanstheCity Attorneyof theCity of ChulaVista,or theirdesignee.
City Manager"meanstheCity Managerof theCity of ChulaVista,or their designee.
County" meanstheCountyof SanDiego.
Disabled" means an individual with a disability, as defined in California Government Code Section 12955. 3.
Elderly" means an individual sixty- two ( 62) years old or older.
Enforcement Officer" means the Director of Development Services, a Code Enforcement Manager, any Code Enforcement Officer, the Building Official, any sworn Officer of the Police Department, the Fire Chief, the Fire Marshal, or any other City department head (to the extent responsible for enforcing provisions of this code), their respective designees, or any other City employee designated by the City Manager to enforce this chapter.
Family Member" means the spouse, domestic partner, children, grandchildren, parents or grandparents of the residential unit Owner.
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Housing Service" means servicesprovided by the Owner to the Tenant in connection with the use and occupancyof a Residential Rental Unit, either pursuant to contract or asrequired by law, including repairs, maintenance, and painting; providing light, heat, hot and cold water; window shadesand screens; storage; kitchen, bath, and laundry facilities and privileges; janitor services; pest control; elevator service; accessto exterior doors, entry systems, and gates; utility charges that are paid by the Owner; refuse removal; furnishings; parking; the right to have a specified number of occupants, and any other benefit, privilege, or facility connected with the use or occupancy of any Residential Rental Unit. Housing Services also includes the proportionate part of services provided to common facilities of the building in which the Residential Rental Unit is located.
Owner" ( including the term " Landlord") means any Person, acting as principal or through an agent, having the right to offer a Residential Rental Unit for rent. As the context may require, Owner" shall also include a predecessor in interest to the Owner.
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.
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 sameOwner.
Residential Rental Unit" means any dwelling or unit that is intended for human habitation, 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).
State" means the State of California.
Substantial Remodel" means improvements to a Residential Rental Unit meeting all of the following criteria:
1. Any structural, electrical, plumbing or mechanicalsystemis being replacedor substantially modified; and
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; and
3. A permit is required from a governmental agency, or the abatementof hazardousmaterials, including lead-based paint, mold, or asbestosis required in accordance with applicable federal, State, County, or City 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 in order to complete the improvements.
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Cosmetic improvements alone, including, but not limited to, 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 constitute a Substantial Remodel.
Tenancy" means the lawful occupation of a Residential Rental Unit and includes a lease or sublease.
Tenant" means a tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled by written or oral agreementto the useor occupancyof any Residential Rental Unit.
9. 65. 040 Residential Tenancies Not Subject to this Chapter.
This chapter shall not apply to the following types of residential tenancies or circumstances:
A. Single-family Owner-occupied residences, including a mobile home, in which the Owner- occupant rents or leasesno more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or ajunior accessory dwelling unit.
B. A property containing two separatedwelling 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 accessorydwelling unit or ajunior accessorydwelling unit.
C. A Residential Rental Unit that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
1. The Owner is not any of the following:
a. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. b. A corporation.
c. A limited liability company in which at least one member is a corporation. d. Management of a mobile home park, as defined in Section 798. 2 of the Civil Code.
2. 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 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. 040( C) 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." DocuSign Envelope ID: 60E8CD32- AFE8- 43CE- 993A- 32lA82C5C989 Ordinance No. 3527
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For a Tenancy existing before March 1, 2023, 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 March 1, 2023, 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. 060( B)( 5).
D. A homeowner in amobile home, asdefined in Civil Code section 798.9 or a tenancy as defined in Civil Code section 798. 12. This chapter shall also not apply to a non- owner Tenant of a mobile home. Instead, a non- owner Tenant of a mobile home shall retain the rights stated in the State Tenant Protection Act.
E. Transient and tourist hotel occupancy as defined in Civil Code section 1940(b).
F. Any residentialoccupancyby reasonof concession,permit,right of access,licenseor otheragreement for a period for 30 consecutivecalendardays or less, counting portions of calendardays as full days, includingShort-TermRentaloccupanciesasdefinedin ChulaVistaMunicipal CodeChapter5.68.
G. 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 andProcedurespublished by the StateDepartment of Social Services.
H. Residential Property or Dormitories owned by the City, an institution of higher education, or a kindergarten and grades 1 to 12, inclusive.
I. Housing accommodations in which the tenant sharesa bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental Unit.
J. Housing restricted by deed,regulatory restriction contained in an agreement with a government agency, or other recorded document asaffordable 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 agreementthat 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 exclusion shall not apply to a Tenant with a Section 8 Housing Choice Voucher and suchTenanciesshall be governedby this chapter.
9. 65. 050 Harassment and Retaliation Against Tenant Prohibited.
A. No Owner or such Owner' s agent, contractor, subcontractor, or employee, alone or in concert with another, shalI do any of the following in Bad Faith to a Tenant or with respect to a Residential Rental Unit, as applicable:
1. Interrupt, terminate, or fail to provide Housing Services required by contract or by law, including federal, State, County, or City laws;
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2. Fail to perform repairs and maintenancerequired by contract or by law, including federal, State, County, or City laws;
3. Fail to exercise commercially reasonable efforts and diligence to commence and complete repairs or maintenance;
4. Abuse the Owner' s right of lawful access into a Residential Rental Unit. 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 scopeof 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. Threatenthe Tenant, by word or gesture, with physical harm;
8. Violate any law that prohibits 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 possessionof a Residential Rental Unit basedupon facts that the Owner has no reasonable causeto believe to be true or upon a legal 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 possessionunless 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 State law;
11. Refuse to accept or acknowledge receipt of a Tenant's lawful rent payment, excluding circumstanceswhere an unlawful detainer or other civil action is pending that could be impacted by acceptanceof rent;
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.
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C. This section shall not apply to Mobile home Residency Law (" MRL") Tenancies under Civil Code section 798. 12 or mobile home Tenants because the provisions of Section 1940. 2 of the Civil Code and Division 2, Part 2, Chapter 2.5 of the Civil Code apply to such Tenancies.
9. 65. 060 Just Cause Required for Termination of Tenancy.
A. Prohibition. No Owner of a Residential Rental Unit shall terminate a Tenancy without Just Cause. A Just Cause basis for Termination of Tenancy includes both " At Fault Just Cause" and No- Fault Just Cause" circumstances as described below.
B. At Fault Just Cause. At Fault Just Cause means any of the following:
1. Default in payment of rent.
2. 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.
3. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph ( 4) of Section 1161 of the Code of Civil Procedure.
4. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
5. The Tenant had a written lease that terminated on or after the effective date of this chapter, 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. Addition of a provision allowing the Owner to terminate the Tenancy to allow for occupancy by the Owner or Owner' s Family Member as described in section 9. 65. 060( C)( 1), below, shall constitute a " similar provision" for the purposes of this subsection.
6. 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.
7. Assigning or subletting the premises in violation of the Tenant' s lease, as described in paragraph ( 4) of Section 1 l 61 of the Code of Civil Procedure.
S. 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 Health and Safety Code.
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9. 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.
10. 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.
11. When the Tenant fails to deliver possessionof the Residential Rental Unit after providing the Owner written notice as provided in Section 1946 of the Civil Code of the Tenant' s intention to terminate the 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 Procedure.
C. No Fault Just Cause. No Fault Just Cause means any of the following:
1. Intent to Occupy by Owner or Family Member. The Tenancy is terminated on the basis that the Owner or Owner' s Family Member intends to occupy the Residential Rental Unit. For leases entered into on or after July 1, 2020, Intent to Occupy by Owner or Family Member shall only be a No Fault Just Cause basis for termination 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 Family Member unilaterally decides to occupy the residential real property.
2. Compliance with Government or Court Order. The Tenancy is terminated on the basis of the Owner' s compliance with any of the following:
a. An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Rental Unit; or
b. An order issued by a government agency or court to vacate the Residential Rental Unit; or
c. 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 condition 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.
3. Withdrawal From the Rental Market. The Tenancy is terminated on the basis of the Owner' s decision to withdraw the Residential Rental Unit from the rental market.
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4. Substantial Remodel or Complete Demolition. The Tenancy is terminated because of the Owner' s decision to Substantially Remodel or completely demolish a Residential Rental Unit.
D. Notice to Tenant of Tenant Protection Provisions Required. 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 vent can be increased. See Civil Code section 1947. 12 for more information. Local law also provides an Owner 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. SeeChula Vista Municipal Code chapter 9. 65 for more information."
For a Tenancyin aResidentialRentalUnit subjectto this Chapterexistingbeforethe effectivedateof this Chapter,thenoticerequiredaboveshallbeprovidedto theTenantdirectly or asanaddendumto the leaseorrentalagreementnolaterthanMarch 1,2023.For aTenancyin aResidentialRentalUnit subject to this Chapter commenced or renewed on or after March 1, 2023, the notice required above shall be included asanaddendumto the leaseor rentalagreement,or asa written notice signedby the Tenant, with a copyprovided to the Tenant.
The provision of this notice shall be subject to Civil Code section 1632.
E. Reporting Requirements. Owners and Tenants shall provide City with information regarding termination of Tenancies at such time( s) and with such details as shall be required by City in the attendant Administrative Regulations.
9. 65. 070 Requirements Upon Termination of a Tenancy.
A. Requirements Upon Termination of a Tenancy for At Fault Just Cause. Before an Owner of a Residential Rental Unit issuesanotice to terminate a Tenancy for At Fault Just Cause that is a curable lease violation, the Owner shall first give written notice of the violation to the Tenant including a description of the violation ( or violations) and an opportunity to cure the violation pursuant to paragraph ( 3) of Section 1161 of the Code of Civil Procedure. 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 served to terminate the Tenancy.
B. Requirements Upon Termination of a Tenancy for No Fault Just Cause. Upon termination of a Tenancy for No Fault Just Cause, an Owner of a Residential Rental Unit shall provide notice and relocation assistance as follows:
1. Tenancy in Unit in a Residential Rental Complex. When an Owner terminates a Tenancy of a Residential Rental Unit in a Residential Rental Complex for No- Fault Just Cause, the Owner shall provide notice and relocation assistance to the Tenant as follows:
a. Notice to Tenant Required. The Owner shall give written notice to the Tenant at least 30 or 60 days prior to the proposed date of termination asrequired by Civil Code section 1946. 1, in no less than 12- point font of:
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i. Notice of Basis for No Fault Just Cause Termination. The Owner' s decision to terminate the Tenancy and a description of the basis for said termination. ii. Notice of Right to Relocation Assistance. The Tenant' s right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant' s rent, 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
iii. Notice of Right to Receive Future Offer. 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 Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: ( a) 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; ( b) furnish the Owner with an address or email address to which that offer is to be directed; ( c) and advise the Owner at any time of a change of address to which an offer is to be directed.
b. Notice to City Required. The Owner shall provide written notice to the City of the No Fault Just CauseTermination of Tenancy no later than three business (3) days after the date the Owner provides the required notice to the Tenant. Such notice to City shall be provided on a form approvedby City for such purpose and in the manner specified in the attendant Administrative Regulations. The City shall acknowledge receipt of the Owner' s notice to City within three (3) business days of City' s receipt of suchnotice. c. Relocation Assistance Required. The Owner shall, regardless of the Tenant' s income or length of Tenancy, at the Owner' s option, do one of the following to assistthe Tenant to relocate:
i. Provide a direct payment to the Tenant in an amount equal to the greater of: 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, or two ( 2) months of actual then in effect contract rent under Tenant' s lease. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to the greater of. 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 three ( 3) months of actual contract rent; or ii. Waive in writing and not collect the payment by Tenant of then due or future rent otherwise due under the lease in an amount equivalent to the direct payment described in ( i), above.
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2. Tenancy in Unit Not in a Residential Rental Complex. When an Owner terminates a Tenancy of a Residential Rental Unit that is not in a Residential Rental Complex for No- Fault Just Cause, the Owner shall provide notice and relocation assistance to the Tenant as follows:
a. Notice to Tenant Required. The Owner shall give written notice to the Tenant at least 30 or 60 daysprior to theproposed date of termination asrequired by Civil Code section 1946. 1, in no less than 12- point font of:
i. Notice of Basis for No Fault Just Cause Termination. The Owner' s decision to terminate the Tenancy and a description of the basis for saidtermination. ii. Notice of Right to Relocation Assistance. The Tenant' s right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant' s rent, 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
b. Notice to City Required. The Owner shall provide written notice to the City of the No Fault Just CauseTermination of Tenancy no later than three business (3) days after the datethe Owner provides the required notice to the Tenant. Suchnotice to City shall be provided on a form approved by City for such purpose and in the manner specified in the attendant Administrative Regulations. The City shall acknowledge receipt of the Owner' s notice to City within three (3) business days of City' s receipt of such notice. c. Relocation Assistance Required. The Owner shall, regardless of the Tenant' s income or length of Tenancy, at the Owner' s option, do one of the following to assistthe Tenant to relocate:
i. Provide a direct payment to the Tenant in an amount equal to one ( 1) month of actual then in effect contract rent under Tenant' s lease; or ii. Waive in writing and not collect the payment by Tenant of then due or future rent otherwise due under the lease in an amount equivalent to the direct payment described in ( i), above.
C. Additional Requirements Upon Termination of a Tenancy for No Fault Just Cause. Upon termination of a Tenancy for No Fault Just Cause, the following additional provisions shall also apply:
1. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment of relocation assistance to the Tenants, the Owner may make a single direct payment to all Tenants named on the rental agreement.
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2. The relocation assistanceor rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant.
3. Any relocation assistance or rent waiver to which a Tenant may be entitled to under this section shall be in addition to and shall not be credited against any other relocation assistancerequired by any other law.
4. 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 by Owner asdamagesin an action to recover possession.
5. If a Residential Rental Unit in a Residential Rental Complex is 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 No Fault Just Cause termination if the Tenant: ( a) 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( b) furnished the Owner with an addressor email addressto which that offer is to be directed. The Owner shall have the right to screen the Tenant using industry accepted methods and shall communicate such minimum screening criteria in the offer for the new Tenancy, subject to the terms of any attendant Administrative Regulations.
6. With regard to termination of a Tenancy of a Residential Rental Unit in a Residential Rental Complex on the basis of a withdrawal of the unit from the rental market, as described in Section 9. 65. 060( C)( 3), should the property that had been taken off the market be placed on the rental market again within two ( 2) years of the termination of the Tenancy, then the Owner shall be liable to Tenant for the greater of. ( i) 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; or ii) six ( 6) months of actual then in effect contract rent under the Tenant' s lease at time of termination. This section does not apply if the property is rented to Owner' s Family Member, converted to another non- rental use, or sold or otherwise transferred to a bona fide third- party during the two (2) yearperiod.
7. Among other remedies applicable to Owner' s failure to comply with the terms of this chapter, an Owner' s failure to strictly comply with this section shall render the notice of termination void.
9. 65. 080 Enforcement and Remedies.
A. Guiding Principles. The City seeksto promote good relations between Owners and Tenants, and in furtherance of such goal, provides the following guiding principles:
1. Owners and Tenants should treat each other with respect, listen to each other, and make good faith efforts to informally resolve issues. If Owners and Tenants cannot informally resolve issues, alternative dispute resolution and mediation programs should be voluntarily utilized.
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2. If disputes are not able to be settled despite the use of dispute resolution or mediation programs, the primary enforcement mechanism is otherwise expected to be the Private Remedies set forth in Section 9. 65. 080( D) below.
3. The City shall have the sole andunfettered discretion to determine if and when City will engagein City enforcement of this chapter. Owners and Tenantsare highly encouraged to independently resolve disputes as set forth in paragraphs 1 and 2 above.
B. General Provisions.
1. The enforcement mechanisms and remedies specified in this section are cumulative and in addition to any other enforcement mechanisms and remedies available under federal, State, County, and City law for violation of this chapter or Code.
2. It shall be unlawful for any Person to violate any provision or fail to comply with the requirementsof this chapter. Each day that a violation continuesis deemedto be a new and separate offense.
3. Any waiver of the rights under this chapter shall be void as contrary to public policy.
C. City Attorney Enforcement.
1. Alternative Remedies. The City Attorney may require Owner and Tenantto participate in education programs related to Owner- Tenant issues, mediation, or an alternative dispute resolution program.
2. 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. Civil penalties for violations of this chapter may be assessedat a rate not to exceed $5,000 per violation per day. When a violation occurs,it is not required that awarning or notice to curemust first be givenbefore an administrative citation or civil penalty may be issued.
3. Civil Action. The City, or the City Attorney on behalf of the People of the State of California, may seekinjunctive relief to enjoin violations of, or to compel compliance with, this chapter or seekany 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 damages as set forth in Section 9. 65. 070( C)( 6).
4. Criminal Violation. An Owner who interferes or facilitates interference 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, DocuSign Envelope ID: 60E8CD32- AFE8- 43CE- 993A- 32lA82C5C989 Ordinance No. 3527
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shall be guilty of a misdemeanor punishable by a fine of not more than $ 1, 000 or imprisonment for a period of not more than six months, or by both a fine and imprisonment. At the sole discretion of the City Attorney, such violation may, in the alternative, be cited and prosecuted as an infraction.
5. Subpoena Authority. The City Attorney shall have the power to issue subpoenasfor the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents or other items that may be relevant to the City Attorney' s investigation, enforcement action, or prosecution. The City Attorney may exercise such powers prior to or following the commencement of any civil, criminal, or administrative action to the fullest extent allowed by law.
D. Private Remedies.
1. Civil Action. An aggrieved Tenant may institute a civil action for injunctive relief, direct money damages, and any other relief allowed by law, including the assessmentof civil penalties in the amount of no less than $ 2, 000 and no more than $ 5, 000 per violation per day. If the aggrieved Tenant is Elderly or Disabled, additional civil penalties of up to$ 5,000 per violation per day may be assessed at the discretion of the court. A Tenant may also pursue damages as set forth in Section 9. 65. 070( C)( 6).
2. Affirmative Defense.A violation of this chaptermay be assertedasan affirmative defense in an unlawful detainer or other civil action.
3. Attorney' s Fees. The court may award reasonableattorney's feesand coststo aparty who prevails in any action described in paragraphs 1 and 2 above.
9. 65. 090 Sunset Clause.
This chaptershall remain in effect until January1, 2030, and as of that dateis repealedunless otherwiseextendedby theCity Council.
Section III. 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 deemedseverable, 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 City 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 IV. 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 V. Effective Date
This Ordinance shall take effect and be in force beginning March 1, 2023.
Section VI. Publication
The City Clerk shall certify to the passageand adoption of this Ordinance and shall cause the sameto be published or posted according to law.
SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
DocuSigned by: DocuSigned by:
a
FRa
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of November 2022, by the following vote:
AYES: Councilmembers: Cardenas, Padilla, and Casillas Salas NAYS: Councilmembers: Galvez
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: McCann
DocuSigned by:
062BFD7C0386456...
Mary Casillas Salas, Mayor
ATTEST:
DocuSigned by:
3074D104EAF342E...
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3527 had its first reading at aregular meeting held on the 25th day of October 2022, and its secondreading and adoption at a regular meeting of said City Council held on the 1st day of November 2022; andwas duly published in summary form in accordancewith the requirements of state law and the City Charter.
DocuSigned by:
11/ 9/ 2022 EI,30746104EAF342E
Dated Kerry K. Bigelow, MMC, City Clerk
ADMINISTRATIVE REGULATIONS
TENANT PROTECTION ORDINANCE
Effective April 20, 2023
HOUSING &
HOMELESS SERVICES
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Tenant Protection Regulations April 20, 2023
Contents
020 Promulgation of Administrative Regulations ........................................................................... 3 A. Purpose of Administrative Regulations .............................................................................. 3 B. Organization of Administrative Regulations ....................................................................... 3 C. Governing Terms in the Event of Conflict ........................................................................... 3 D. Capitalized Terms ................................................................................................................ 3 E. Effective Date of Administrative Regulations ..................................................................... 3 F. Summarized Guide for CVMC 9.65 Requirements ............................................................. 3 G. Questions Regarding Administrative Regulations .............................................................. 3 H. Notification of Updates ....................................................................................................... 3 030 Definitions ................................................................................................................................ 4 A. Family Member. .................................................................................................................. 4 B. Substantial remodel. ........................................................................................................... 4 040 Residential Tenancies Not Subject to CVMC 9.65 ................................................................... 4 A. Notice of Tenancy Exempt from CVMC 9.65 ...................................................................... 4 B. Form of Notice .................................................................................................................... 4 060 Just Cause Required for Termination of Tenancy .................................................................... 4 A. Notice of Tenancy Protected by CVMC 9.65 ....................................................................... 4 B. Form of Notice .................................................................................................................... 4 070 Requirements Upon Termination of Tenancy ......................................................................... 5 A. Owner Notice to City Regarding Termination .................................................................... 5
1. Notice Not Required ......................................................................................................... 5
2. Notice Required................................................................................................................ 5 B. Content of Notice ................................................................................................................ 5 C. Form of Notice .................................................................................................................... 5 D. Delivery of Notice ............................................................................................................... 5 E. Tenant Information to City ................................................................................................. 6 F. Right of First Return Upon Termination of Tenancy for No-Fault Just Cause .................... 6
1. Tenant Right to Return to Unit for Two Years ................................................................. 6
2. Owner Notice to Tenant of Offer to Return ..................................................................... 6
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3. Industry Screening Methods ............................................................................................ 7
4. Failure of Tenant to Accept Offer .................................................................................... 7 Appendices ...................................................................................................................................... 8 Appendix A Tenant Protection Ordinance Flow Chart (Guide Only) ........................................... i Appendix B Required Notice of Applicable Law for Properties EXEMPT FROM CVMC 9.65 [Section 9.65.040(C)(2)] ...............................................................................................................ii Appendix C Required Notice of Tenant Protections for Properties SUBJECT TO CVMC 9.65 [Section 9.65.060(D)] .................................................................................................................. iv Appendix D Mandatory Owner Notice to City Upon Residential Rental Complex No Fault Just Cause Termination of Tenancy ..................................................................................................... v Appendix E Voluntary Tenant Information Upon Residential Rental Complex Notice of No-Fault Just Cause Termination of Tenancy ............................................................................................ vi
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020 Promulgation of Administrative Regulations
A. Purpose of Administrative Regulations
In accordance with Chula Vista Municipal Code (“CVMC”) 9.65.020, these Administrative Regulations (the “Regulations”) are intended to clarify and facilitate implemen tation of Chapter 9.65.
B. Organization of Administrative Regulations
The section numbers of these Regulations correspond to the sections in CVMC 9.65. For example, Regulations section 070 below is intended to clarify or facilitate implementation of one or more provisions of CVMC 9.65.070.
C. Governing Terms in the Event of Conflict
To the extent of any conflict between these regulations and Chapter 9.65, the terms of Chapter 9.65 shall govern.
D. Capitalized Terms
Capitalized terms used herein shall have the same definitions provided in Chapter 9.65 except as otherwise provided.
E. Effective Date of Administrative Regulations
These Regulations, and any amendments thereto, are effective and enforceable in accordance with Chapter 9.65 thirty days after the date of publication of these Regulations on the City’s website. The Regulations and any amendments will be published at the following location: www.chulavistaca.gov/landlordtenant.
F. Summarized Guide for CVMC 9.65 Requirements
The Tenant Protection Ordinance requirements are summarized in Appendix A, which is intended to be a guide only.
G. Questions Regarding Administrative Regulations
Users are encouraged to seek t heir own legal counsel to aid in understanding the requirements of these Regulations and CVMC 9.65 . For any general questions regarding the Regulations, you may call (619) 691 -5047 or visit www.chulavistaca.gov/landlordtenant for Frequently Asked Questions (FAQs).
H. Notification of Updates
Individuals who wish to receive notifications related to the Ordinance and Regulations may sign up for the Tenant Protection Ordinance listserv at:
www.chulavistaca.gov/landlordtenant.
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030 Definitions
A. Family Member.
For purposes of CVMC 9.65.030, the term “children” in the definition of “Family Member” means all legal children of the residential unit Owner, including step children and adopted children.
B. Substantial remodel.
For purposes of Chapter 9.65, the City may rely on the City Building Official’s determination regarding compliance with the required criteria described in CVMC 9.65.030. 040 Residential Tenancies Not Subject to CVMC 9.65
A. Notice of Tenancy Exempt from CVMC 9.65
CVMC 9.65.040(C)(2) requires an Owner to provide notice to certain tenants whose tenancies are exempt from Chapter 9.65. In accordance with Civil Code section 1632, if the rental lease or agreement is negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, a translation of the CVMC 9.65.020(C)(2) notice must be provided in the same language in which the lease or agreement was negotiated.
B. Form of Notice
The form attached as Appendix B (provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) complies with the requirements of CVMC 9.65.040(C)(2) and may be used by Owners. A substantially equivalent form may also be used. 060 Just Cause Required for Termination of Tenancy
A. Notice of Tenancy Protected by CVMC 9.65
CVMC 9.65.060(D) requires an Owner to provide notice to certain tenants whose tenancies are protected by Chapter 9.65. In accordance with Civil Code section 1632, if the rental lease or agreement is negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, a translation of the CVMC 9.65.020(D) notice must be provided in the same language in which the lease or agreement was negotiated.
B. Form of Notice
The form attached as Appendix C (provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) complies with the requirements of 9.65.060(D) and may be used by Owners. A substantially equivalent form may also be used.
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070 Requirements Upon Termination of Tenancy
A. Owner Notice to City Regarding Termination
1. Notice Not Required
Owners are not required to notify City of At-Fault Just Cause terminations.
2. Notice Required
In accordance with 9.65.070(B), Owners of Residential Rental Unit(s) are required to notify City of No -Fault Just Cause terminations (intent to occupy by Owner or Family Member, compliance with a government or court Order, withdrawal from the rental market, substantial remodel or complete demolition) within 3 business days of such notice being served to the tenant. This mandatory information is intended to be used by the City in assessing available resources and for data collection purposes to track no-fault terminations of tenancy in the City.
B. Content of Notice
A CVMC 9.65.070(B) notice by Owner to City of a No -Fault Just Cause termination must contain the following information:
• Property Address;
• Owner name, phone and email;
• Number of total units within complex;
• Number of units vacant at time of noticing;
• Number of termination notices issued;
• Contracted rent at time of notice, for all terminated tenancies; and • Copy of all termination notices.
C. Form of Notice
The form attached as Appendix D complies with the requirements of CVMC 9.65.070(B) and may be used by Owners. A substantially equivalent form may also be used.
D. Delivery of Notice
Notice must be delivered to the City within three business days of the date the termination notice was issued to the Tenant. Such notice shall be provided via the methods identified in the table below. C onfirmation of delivery will be provided by City to Owner as noted in the table. In all cases, Owner is advised to retain a copy of such notice as proof of delivery.
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Acceptable No-Fault Termination of
Tenancy Delivery Formats
Delivery Confirmation
Hand delivery to City at:
City of Chula Vista
Housing & Homeless Services
276 Fourth Avenue
Chula Vista, CA 91910
Hand stamped & signed copy of delivery packet.
Web based form found at
www.chulavistaca.gov/landlordtenant
Email confirmation generated by form.
USPS Certified Mail to:
City of Chula Vista
Housing & Homeless Services
276 Fourth Avenue
Chula Vista, CA 91910
USPS Certified Mail Confirmation Receipt.
E. Tenant Information to City
Upon receipt of a termination of tenancy notice from an Owner, the City may mail a “Tenant Information Inquiry”, Appendix E, to the Tenant. The Tenant Information Inquiry is not required to be completed by Tenant. Any information voluntarily provided by Tenant is intended to be used by City to prescreen the Tenant for possible housing program eligibility or other available resources.
F. Right of First Return Upon Termination of Tenancy for No-Fault Just Cause
1. Tenant Right to Return to Unit for Two Years
Tenants who indicated a desire to consider an offer to renew the tenancy shall have the right to return to the unit that they were terminated from if the Residential Rental Unit in a Residential Rental Complex they were terminated from is offered for rent or lease for residential purposes within two (2) years of the date the Tenanc y was terminated. The Tenant must notify the Owner of their intent to accept an offer to rent or lease the Residential Rental Unit within 14 days of their receipt of the offer, and must enter into a new rental agreement or lease for the Residential Rental Unit within 45 days of their receipt of the offer.
2. Owner Notice to Tenant of Offer to Return
In accordance with 9.65.070(C)(5), an Owner shall first offer the Residential Rental Unit for rent or lease to the Tenant displaced from that unit by the No -Fault Just Cause termination if the Tenant advised the Owner of their prior desire to consider an offer to renew the Tenancy and provided a place to direct such offer. Such notice must inform the
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Tenant that : (1) the Tenant must notify the Owner of their intent to accept the offer within 14 days of their receipt of the offer; and (2) if the Tenant intends to accept the offer, the Tenant must enter into a new rental agreement or lease for the Residential Rental Unit within 45 days of their receipt of the offer.
3. Industry Screening Methods
In accordance with 9.65.070(C)(5), the Owner shall have the right to screen the Tenant using industry accepted methods and shall communicate such minimum screening criteria in the offer for t he new Tenancy. Such accepted screening criteria may include proof of identity, verification of employment and income, a review an applicant's rental history, credit history, and criminal background , and shall be consistent with screening criteria required for all other market rate units offered for rent by Owner.
4. Failure of Tenant to Accept Offer
If the Tenant has failed to accept the Owner’s offer to return or has failed to enter into a new rental agreement or lease for the offered unit within 45 days of the date of the offer, the Owner may consider the offer rejected.
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Appendices
(Page Intentionally Left Blank)
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Guidelines to CVMC 9.65 April 20, 2023
Appendix A
Tenant Protection Ordinance Flow Chart (Guide Only)
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Appendix B
Required Notice of Applicable Law for Properties
EXEMPT FROM CVMC 9.65 [Section 9.65.040(C)(2)]
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 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 9.65.040(C) 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.
Esta propiedad no está sujeta a los límites de alquiler impuestos por la Sección 1947.12 del Código Civil y no está sujeta a los requisitos de Causa Justa de la Sección 1946.2 del Código Civil y el Capítulo 9.65 del Código Municipal de Chula Vista. Esta propiedad cumple con los requisitos de las secciones 1947.12(d)(5) y 1946.2(e)(8) del Código Civil y la sección 9.65.040(C) del Código Municipal de Chula Vista, y el Propietario no es ninguno de los siguientes: (1) un fideicomiso de inversión en bienes raíces, según se define en la Sección 856 del Código de Rentas Internas; (2) una corporación; o (3) una sociedad de responsabilidad limitada en la que al menos un miembro es una corporación. (Spanish)
该物业不受《加州公民法典》(California Civic Code) 第 1947.12 条规定的租金限制，也不受 《加州公民法典》(California Civic Code)第 1946.2 条和《丘拉维斯塔市政法典》(Chula Vista Municipal Code) 第 9.65 章的正当理由要求的限制。该物业符合《加州公民法典》
(California Civic Code) 第 1947.12(d)(5) 和 1946.2(e)(8) 节以及《丘拉维斯塔市政法典》(Chula Vista Municipal Code) 第 9.65.040(C) 节的要求，业主不是以下任何人: (1) 房地产投资信托， 定义见 国内税收法典 (Section 856 of the Internal Revenue Code) 第 856 条； (2) 公司； (3) 至 少有一名成员是公司的有限责任公司。(Chinese)
Ang ari-arian na ito ay hindi napapailalim sa mga limistasyon sa upa/renta na ipinataw ng Seksyon 1947.12 ng Civil Code at hindi napapailalim sa mga kinakailangan ng Dahilan na Naaayon sa Pamantayan (Just Cause) Seksyon 1946.2 ng Civil Code at Chapter 9.65 ng Municipa l Code ng Chula Vista. Nakakatugon ang ari-arian na ito sa mga kinakailangan ng mga seksyon 1947.12(d)(5) at 1946.2(e)(8) ng Civil Code at seksyon 9.65.040(C) ng Municipal Code ng Chula Vista, at ang May-ari ay hindi alinman sa mga sumusunod: (1) isang rea l estate investment trust, gaya ng tinukoy sa Seksyon 856 ng Internal Revenue Code; (2) isang korporasyon; o (3) isang kompanyang limitado ang pananagutan (limited liability company) kung saan hindi bababa sa isang miyembro ay isang korporasyon. (Tagalog)
(Cont.)
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EXEMPT FROM CVMC 9.65 [Section 9.65.040(C)(2)]
Tài sản này không bị ảnh hưởng bởi các giới hạn tiền thuê theo Mục 1947.12 của Bộ luật Dân sự và không bị ảnh hưởng bởi các yêu cầu về Lý do Chính đáng của Mục 1946.2 của Bộ luật Dân sự và Chương 9.65 c ủa Bộ luật Thành phố Chula Vista. Bất động sản này đáp ứng các yêu c ầu của các mục 1947.12(d)(5) và 1946.2(e)(8) của Bộ luật Dân sự và mục 9.65.040(C) của Bộ luật Thành phố Chula Vista và Chủ sở hữu không phải là bất kỳ đối tượng nào sau đây : (1) công ty ủy thác đầu tư bất động sản, như được định nghĩa trong M ục 856 của Bộ luật Doanh thu Thuế Nội địa; (2) một tập đoàn; ho ặc (3) công ty trách nhi ệm hữu hạn trong đó có ít nh ất một thành vi ên là một tập đoàn. (Vietnamese)
본 부동산은 민법 1947.12항에 의해 부과된 임대료 제한의 적용을 받지 않으며 민법
1946.2항 및 출라 비스타 시법 9.65장의 정당한 사유 요건의 적용을 받지 않습니다. 본
부동산은 민법 1947.12(d)(5)항 및 1946.2(e)(8)항과 출라 비스타 시법 9.65.040(C)항의 요건을 충족하며 소유자는 다음 중 어느 것에도 해당 사항이 없습니다. : (1) IRS법의 856항에 정의된 부동산 투자 신탁 (2) 법인 또는 (3) 최소 한 명의 구성원이 있는 유한책임회사 (Korean)
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Appendix C
Required Notice of Tenant Protections for Properties
SUBJECT TO CVMC 9.65 [Section 9.65.060(D)]
California law limits the amount your rent can be increased. See Civil Code section 1947.12 for more information. Local law also provides 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 te nant protections. See Chula Vista Municipal Code chapter 9.65 for more information.
La ley de California limita la cantidad que puede aumentar su alquiler. Consulte la sección 1947.12 para obtener más información. La ley local también establece que el Pro pietario debe proporcionar una declaración de causa en cualquier notificación para rescindir un contrato de Arrendamiento. En algunas circunstancias, los Inquilinos de edad avanzada (62 años o más) o discapacitados pueden tener derecho a protecciones adici onales para Inquilinos. Consulte el capítulo 9.65 del Código Municipal de Chula Vista para obtener más información. (Spanish)
加州法律限制您可以增加的租金数额。有关详细信息，请参阅《加州公民法典》
(California Civic Code) 第 1947.12 节。当地法律还规定，业主必须在终止租赁的任何通知中 提供事由声明。在某些情况下，年长（62 岁或以上）或残疾的租户可能有权获得额外的
租户保护。有关详细信息，请参阅丘拉维斯塔市政法典(Chula Vista Municipal Code) 第 9.65 章。(Chinese)
Nililimitahan ng batas ng California ang halaga na maaaring itaas ng iyong upa/renta. Tingnan ang Civil Code seksyon 1947.12 para sa karagdagang impormasyon. Isinasaad rin ng lokal na batas na ang isang May -ari ay dapat magbigay ng pahayag ng dahilan sa anumang abiso/pabatid upang wakasan ang isang Pangungupahan (Tenancy). Sa ilang mga pagkakataon, ang Mga Nangungupahan na may edad na (62 taon o mas matanda) o may kapansana n ay maaaring may karapatan sa karagdagan mga proteksyon ng Nangungupahan. Tingnan Minicipal Code ng Chula Vista chapter 9.65 para sa karagdagang impormasyon. (Tagalog)
Luật pháp California giới hạn số tiền thuê nhà của bạn có thể bị tăng lên. Xem phần Bộ luật Dân sự 1947.12 để biết thêm thông tin. Lu ật pháp địa phương cũng quy đ ịnh rằng Chủ sở hữu phải đưa ra tuyên b ố về nguyên nhân trong b ất kỳ thông báo nào đ ể chấm dứt Hợp đồng thuê nhà.
Trong một số trường hợp, Người thuê nhà là người cao tuổi (62 tuổi trở lên) hoặc người khuyết tật có thể được hưởng các bi ện pháp b ổ sung bảo vệ Người thuê nhà. Xem B ộ luật Thành phố Chula Vista chương 9.65 để biết thêm thông tin. (Vietnamese)
캘리포니아 법은 임대료를 인상할 수 있는 금액을 제한합니다. 자세한 내용은 민법
1947.12항을참조하십시오. 또한 지방 법률에 따르면 소유주는 임대를 종료하기 위해 모든
통지에서 이유 진술을 제공해야 합니다. 경우에 따라 노인(62세 이상) 또는 장애가 있는
세입자는 추가적인 세입자 보호를 받을 수 있습니다. 자세한 내용은 출라 비스타 시법
9.65장을 참조하십시오. (Korean)
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Appendix D
Mandatory Owner Notice to City
Upon Residential Rental Complex
No Fault Just Cause Termination of Tenancy
Per Chapter 9.65 .070(B)(1)(b) of the Chula Vista Municipal Code (“Residential Landlord and Tenant Ordinance”), Residential Rental Complexes (three or more units) that serve a no -fault termination of tenancy notice to tenants due to removal from market, demolition or substantial remodel are REQUIRED to submit each termination of tenancy along with the information contained in this form, or a substantial equivalent within 3 business days of the termination notice being served to the tenant. This mandatory information shall be used by the City in assessing available resources and for data collection purposes to track no-fault terminations of tenancy in the City.
Complex Information
Complex Name: _____________________________________________ Complex Address: ___________________________________________ Chula Vista, ___________(zip code)
Owner Information
Owner Name: ______________________________________________ Owner Phone #: (_____)______-__________ Owner email: ________________________
Units Impacted
Number of Units in Complex: ________________
Number of Vacant Units: _______________
Number of Tenants Served a Termination Notice: _____________ Current contracted rent for each unit issued a termination of tenancy:
Unit # Contracted
Rent at time
of Notice
Unit # Contracted
Rent at time
of Notice
Unit # Contracted
Rent at time
of Notice
Unit # Contracted
Rent at time
of Notice
(Attach pages as needed)
Please return the complete form to: Or via email to:
City of Chula Vista - Housing & Homeless Services [email protected] 276 4th Avenue, Chula Vista, CA 91910
Questions: Please call the Housing Line at 619-691-5047.
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Appendix E
Voluntary Tenant Information
Upon Residential Rental Complex
Notice of No-Fault Just Cause Termination of Tenancy
The City is reaching out to you since you were identified as an impacted resident for a no -fault termination of tenancy. This voluntary information will be used for data collection purposes to track no-fault terminations of tenancy in the City and may be u sed by the City in assessing available resources.
Per Chapter 9.65 of the Chula Vista Municipal Code (“Residential Landlord and Tenant Ordinance”), Residential Rental Complexes ( three or more units) that serve a no -fault termination of tenancy notice to tenants due to removal from market, demolition or substantial remodel are required to submit information to the City regarding all impacted tenants.
Impacted Address
Address Unit # City, State Zip Code
Chula Vista, CA
Contact
Last Name, First Name, MI
Contact Phone Number Email Address
( ) -
Household Demographics
Total number of adult(s) in your existing household: ___________
Total number of minors (under the age of 18) in your existing household: ________
Last Name, First Name, MI Marital Status
❑Single ❑Married ❑Widowed ❑Divorced ❑Separated
Best Contact Phone
Number
❑ White ❑ Black/African American ❑ Hispanic/Latino ❑ Non-Hispanic
❑ Asian ❑ American Indian/Alaska Native ❑ Pacific Islander ❑Other ( ) -
1. What is your preferred language?
⃝ English
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⃝ Spanish
⃝ Other: ___________________
2. Are you receiving or have you ever received rental assistance from the City of Chula Vista or from another agency?
⃝ Yes
⃝ No
Household Income
List ALL occupants residing in the household, including the head of household:
Last Name, First Name, MI Marital Status
❑Single ❑Married ❑Widowed ❑Divorced ❑Separated
Best Contact Phone
Number
❑ White ❑ Black/African American ❑ Hispanic/Latino ❑ Non-Hispanic
❑ Asian ❑ American Indian/Alaska Native ❑ Pacific Islander ❑Other ( ) -
Address City, State Zip Code
Chula Vista, CA
1._______________________________ ______ _____________________________ Head of Household
$______________________________ ____________________________________ Monthly Income and Source(s)
2._______________________________ ______ _____________________________ Name, Age, and Relationship to Head of Household
$______________________________ ____________________________________ Monthly Income and Source(s)
3._______________________________ ______ _____________________________ Name, Age, and Relationship to Head of Household
$______________________________ ____________________________________ Monthly Income and Source(s)
4._______________________________ ______ _____________________________ Name, Age, and Relationship to Head of Household
$______________________________ ____________________________________ Monthly Income and Source(s)
(Use additional paper if you need more space)
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Certification
I certify that the above information provided is true and complete.
_______________________________________ _____________________ Head of Household Signature Date
Please return the complete form in person or by mail to:
City of Chula Vista – Housing & Homeless Services
276 4th Avenue
Chula Vista, CA 91910
Or via email: [email protected]
Questions: Please call the Housing Line at 619-691-5047 or email [email protected].