Public Comment - Raso redacted.pdf — Chula Vista City Council, September 12, 2023

Written communications
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157 MURRAY ST. CHULA VISTA, CA 91910
Honorable Mayor & City Council 09/ 12/ 23
As you probably know, I am here to educate you of
the devastating side effects the " Tenant Protection
Ordinance" has on the Homeless, Elderly, and Chula
Vista' s Rental Community. Additionally at the end of
this series of presentations we will inform you of a few very simply fixes.

In the presentation of 07/25/ 23 we pointed out the
5, 000.00 daily fines levied against unsuspecting
Landlords and/or tenants for simple paperwork errors.

The presentation of 08/ 08/ 23 made you aware of the
two Clauses within the Ordinance which does the most
financial harm to Chula Vista renters.

You have previously been provided with the data
compiled by City Staff which was used as a source for the creation of the " Tenant Protection Ordinance".

This evening we will delve into how City Staff' s
creation of "Administrative Regulations" to mitigate the

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negative side effects of " Tenant Protection Ordinance" has only made the matter worse. Let' s proceed.

In conversations with City Staff at City held
workshops, we were informed that the problems created
by the glitches and poor wording of the " Tenant
Protection Ordinance" would be addressed by the " Tenant Protection Ordinance Administrative Regulations".

Unfortunately, Staff' s efforts of " Clean Up" the
glitches in the " Ordinance" created several areas where the " Administrative Regulations" directly contradict the Tenant Protection Ordinance".

One Example: Page 6 Section E of the
Administrative Regulations" states quite plainly: " The Tenant Information Inquiry is not required to be
completed by Tenant." This regulation is a direct
contradiction to Clause 9.65. 060E of the " Tenant
Protection Ordinance" which plainly states: " Owners and Tenants shall provide City with information regarding
termination of Tenancies at such times) and with such
details as shall be required by city in the attendant
Administration regulations."
Some legal experts maintain this is a contradiction
because this clause in the Ordinance would not have
included the word " Tenants" if Council did not desire
information to be gathered from Landlords Tenants.

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Contradictions are addressed in page 4 section " C" of
the " Administrative Regulations" which states:

To the extent of any conflict between these regulations and Chapter 9.65, the terms of Chapter 9.65 shall
govern.
11V
The above clause " C" of the " Administrative
Regulations" brings Owners and Tenants back full circle to which good intention Owners and Tenants are faced
with huge fines. Landlords will be forced to drastically raise rents in an attempt to adhere to all clauses of the Tenant Protection Ordinance", poorly worded or not.

I applaud City Staff' s creation of the " Administrative Regulations" attempting to mitigate harm the " Ordinance" has brought upon our community. However, we all can
agree the most effective way to eliminate the devastating side effects this " Ordinance" has on most financially
vulnerable our community is not thru " Administrative
Regulations" but thru correcting the " Ordinance" itself.

In our future presentation we will document how City
Staff' s statements not to levy $ 5, 000.00 daily fines for inadvertent paper work errors is simply NOT true.

Thank You.
i * & -6 q/d6o

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ORDINANCE NO.

ORDINANCE OF THE CITY OF CI ULA VISTA ADDING
CHAPTER 9.65 TO THE CHULA VISTA MUNICIPAL CODE

TO ESTABLISH RESIDENTIAL LANDLORD AND TENANT

PROVISIONS
WHEREAS, prior to the COVID- 19 pandemic, there existed a lack of affordable housing in the State of California, including San Diego County
https:// www.gov.ca.gov/2019/03/ 1 1/ govemor-newsom- announces-legislative-pLoposals-toconfront-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% oftheir income towards housing costs as renters and homeowners 2011- 2015 CHAS); and
WHEREAS, the City' s COVID- 19 Emergency Rental Assistance Program (" ERAP") via SBCS has received 7,339 ERAP applications, of which 6, 189 were processed, through April 21, 2022; and
WHEREAS, Chula Vista residents, particularly those within low wage and service industries, have suffered loss or limited work opportunities and are experiencing unexpected loss of income. These households are at risk of maintaining housing and falling into homelessness; and
WHEREAS, given existing income levels of Chula Vista residents and the existing high cost of housing in San Diego County prior to the COVID- 19 pandemic, any further reductions in income and increased housing costs would exacerbate existing housing affordability issues indeed a recent report shows that Chula Vista rents increased by 16% over the last year https://ww-w cbs8 com/ article/news/investi attions/ your-stories- 8/ skyrocketinp,-rent-hikesacross- san-dieio-new-report-shows/ 509- ee7f4ae5- c360-4ea7-bb59- 55c4cb5f86d7); and WHEREAS, further economic impacts are anticipated (including high inflation, increased food and transportation costs, rising rents, and higher mortgage rates) leaving tenants vulnerable to eviction; and
WHEREAS, it in the interest of protecting the public health and welfare, the City Council of the City of Chula Vista finds that it is essential to avoid unnecessary housing displacement, to protect the City' s affordable housing stock, and to prevent housed individuals from falling into homelessness; and
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WHEREAS, in August 2020, the California legislature adopted state residential eviction protections for tenants unable to pay rent due to the COVID- 19 pandemic and preempted local eviction protections (the state eviction protections were extended to residential tenancies through March 31, 2022); and
WHEREAS, displacement ofresidential tenants caused by eviction creates undue hardship on these tenants by making it difficult to follow public health orders and guidance of social distancing and isolation, and puts them at risk of homelessness due to the City' s documented shortage of affordable housing; and
WHEREAS, through " no-fault" evictions, tenants can be evicted and displaced from their homes despite satisfying monthly rental obligations and acting in good faith to comply with the terms of their lease; and
WHEREAS, a tenant' s sudden and immediate displacement caused by a " no-fault" eviction can have a profound impact on the financial, emotional, and professional stability of a tenant' s life, which impacts are compounded by the ongoing COVID-19 pandemic; and WIHREAS, 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 Council finds that adopting this Ordinance is necessary and appropriate to address the threats to the public health, safety, and welfare of its citizens to ensure residents continue to have stable shelter and to protect residents from avoidable homelessness; and WHEREAS, this Ordinance further limits the permissible reasons for termination of a residential tenancy and provides additional tenant protections. City Council hereby declares and finds that that this Ordinance more protective than the State Tenant Protection Act of 2019 ( AB 1482) and that this Ordinance shall apply rather than the Act.

NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:

Section I. Chapter 9.65 ofthe Chula Vista Municipal Code is added as follows:

Chapter 9.65

RESIDENTIAL LANDLORD AND TENANT ORDINANCE
Sections:

9.65. 010 Title.

9.65. 020 Findings and Purpose.

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9. 65. 030 Definitions.

9.65.040 Termination of Long Term Tenancies Prohibited Without Just Cause.

9.65. 050 Requirements Upon Termination of a Long Term Tenancy for No Fault Just Cause, including Occupation by Owner or Family Member or Government or Court Order.

9.65. 060 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market.

9.65. 070 Requirements Upon Complete Demolition of a Residential Rental Unit in a Residential Rental Complex.

9.65. 080 Requirements Upon Remodel or Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex.

9.65. 090 Tenant Harassment/Retaliation Prohibited.

9.65. 100 Enforcement and Remedies.

9.65. 110 Limitations on Application.

CHAPTER 9.65

9.65.010 Title.

This chapter shall be known as the Chula Vista Residential Landlord and Tenant Ordinance and may be referred to herein as the Residential Landlord and Tenant Ordinance.

9.65.020 Findings and Purpose.

A- Subject to the provisions of appliable law, the purpose of the Residential Landlord and Tenant Ordinance is to require just cause for termination of residential tenancies consistent with Civil Code section 19462, to further limit the reasons for termination of a residential tenancy, to require greater tenant relocation assistance in specified circumstances, and to provide additional protections_ B. In accordance with California Civil Code Section 1946.2(gxl)(B), the City Council finds that the provisions of this chapter regulating just cause terminations of tenancies are more protective than California Civil Code Section 1946.2 for the following reasons:

1. The just cause for termination of a residential tenancy under this chapter is consistent with California Civil Code Section 1946.2.

2. This chapter provides additional tenant protections that are not prohibited by any other provisions ofapplicable law.

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C. This chapter shall not apply to the types of residential tenancies or circumstances specified in section

9.65. 100.

9.65.030 Definitions.

Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings set forth herein:

A " Bad Faith" means an intent to vex, annoy, harass, provoke or injure another person. This includes the intent of an Owner to induce a Tenant to vacate a Residential Rental Unit through unlawful conduct.

B. " City" means the City ofChula Vista.

C. " Disabled" means an individual with a disability, as defined in California Government Code Section 12955. 3-
D. " Elderly" means an individual sixty-two (62) years old or older.

E. " Family Member" means the spouse, domestic partner, children, grandchildren, parents or grandparents of the residential unit Owner.

F. " Housing Service" means repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, pest control services, access to exterior doors, entry systems, and gates, utilities that are paid by the Owner, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, the right to have pets, and any other benefit, privilege or facility connected with the use or occupancy of any Residential Rental Unit.

Housing Services to a Residential Rental Unit shall include a proportionate part of services provided to common facilities ofthe building in which the Residential Rental Unit is contained.

G. " Long Term Tenancy" means the continuous and lawful occupation of a Residential Rental Unit for 12 months or more by a Tenant.

H. " Owner" means any Person, acting as principal or through an agent, having the right to offer a Residential Rental Unit for rent, and includes a predecessor in interest to the owner.

I. " Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

J. " Residential Rental Complex" means one or more buildings, located on a single lot, contiguous lots, or lots separated only by a street or alley, containing three or more Residential Rental Units rented or owned by the same Owner.

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K. " 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).

L. " Substantial Remodel" means, for a Residential Rental Unit, all the following criteria are met:
1) any structural, electrical, plumbing, or mechanical system is being replaced or substantially modified; ( 2) the cost of the improvements ( excluding insurance proceeds, land costs, and architectural/ engineering fees) is equal to or greater than $40 per square foot ofthe Residential Rental Unit, ( 3) a permit is required from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos is required in accordance with applicable federal, state, and local laws and cannot be reasonably accomplished in a safe manner with the Tenant in place; and ( 4) it is necessary for the Residential Rental Unit to be vacant for more than sixty ( 60) days. Cosmetic improvements alone, including painting, decorating, flooring replacement, counter replacement, and minor repairs, or other work that can be performed safely without having the Residential Rental Unit vacated, do not qualify as replacement or Substantial Remodel.

M. "Tenancy" means the lawful occupation of a Residential Rental Unit and includes a lease or sublease.

N. " Tenant" means a tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled by written or oral agreement to the use or occupancy of any Residential Rental Unit.

9.65.040 Termination of Long Term Tenancies Prohibited Without Just Cause A. Prohibition. An Owner of the Residential Rental Unit shall not terminate a Long Term Tenancy without just cause, which shall be stated in the written notice to terminate said Tenancy.

B. Just Cause Circumstances. " Just cause" for purposes of 9.65. 040(A) above includes either at -fault just cause or no-fault just cause as follows:

1. " At -fault just cause" is any of the following:
a. Default in payment of rent.
b. A breach of material term of the lease, as described in paragraph ( 3) of Section 1161 ofthe Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. c. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph ( 4) of Section 1161 of the Code of Civil Procedure. d. Committing waste as described in paragraph (4) of Section 1161 of the Code ofCivil Ordinance

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Procedure.

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e. The Tenant had a written lease that terminated on or after the effective date of this chapter, or July 1, 2022, if the lease is for a Tenancy in a mobilehome, and after a written request or demand from the Owner, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
f Criminal activity by the Tenant at the Residential Rental Unit, including any common areas, or any criminal activity or criminal threat, as defined in subdivision ( a) of Section 422 of the Penal Code, on or off the property where the Residential Rental Unit is located, that is directed at any Owner, any agent of the Owner, or any other Tenant ofthe Residential Rental Unit or of the property where the Residential Rental Unit is located.
g. Assigning or subletting the premises in violation of the Tenant' s lease, as described in paragraph ( 4) of Section 1161 of the Code of Civil Procedure. h. The Tenant' s refusal to allow the Owner to enter the Residential Rental Unit as authorized by Sections 1101. 5 and 1954 ofthe Code of Civil Procedure, and Sections 13 113. 7 and 17926. 1 of the Health and Safety Code.
i. Using the premises for an unlawful purpose as described in paragraph ( 4) of Section 1161 of the Code of Civil Procedure. A Tenant shall not be considered to have used the premises for an unlawful purpose solely on the basis of the fact that the Owner' s Residential Rental Unit is unpermitted, illegal, or otherwise unauthorized under applicable laws.

The employee, agent, or licensee' s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph ( 1) of Section 1161 of the Code of Civil Procedure.
k. When the Tenant fails to deliver possession of the Residential Rental Unit after providing the Owner written notice as provide in Section 1946 of the Civil Code of the Tenant' s intention to terminate 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.

2. " No-fault just cause" is any of the following:
a. Termination of Tenancy because of intent to occupy the Residential Rental Unit by the Owner or their spouse, domestic partner, children, grandchildren, parents or Item 7.2
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grandparents ( collectively referred to as Family Member). In such cases, the requirements of section 9. 65. 050 shall apply.

For leases entered into after the effective date of this chapter, or July 1, 2022 if the lease is for a Tenancy in a mobilehome, Section 9.65. 040B( 2)( a) shall only constitute no-fault just cause ifthe tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the Residential Rental Unit. ii. Addition of a provision allowing the Owner to terminate the lease as described in Section 9. 65. 404(B)( 2)( a) to a new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of Section 9. 65. 040(B)( 1)( e). b. Termination of tenancy because of Owner complying with any ofthe following:
i. An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Rental Unit.
ii. An order issued by a government agency or court to vacate the Residential Rental Unit.
iii. A local ordinance that necessitates vacating the Residential Rental Unit.

If it is determined by any government agency or court that the tenant is at fault for the 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.

In such cases, where compliance with the above government or court order is required, section 9. 65. 050 shall apply.
c. Termination of Tenancy because of intent to withdraw the Residential Rental Unit from the rental market. In such case, the requirements of section 9.65.060 apply. d. Termination of Tenancy because of intent to completely demolish the Residential Rental Unit to the ground, including removal of the foundation supporting the Residential Rental Unit. In such case, the requirements of section 9.65. 070 apply. e. Termination of Tenancy because of intent to Substantially Remodel the Residential Rental Unit. In such case, the requirements of section 9. 65. 080 apply.

C. Notice of Tenant Protection Provisions. An Owner of a Residential Rental Unit subject to this chapter shall provide written notice in no less than 12 -point type to the Tenant as follows:

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California law limits the amountyour rent can be increased.. See Civil Code section 1947.12 for more information. Local lary also provides that once a tenant has continually and lawfully occupied a rental unitfor 12 months or more, a landlord must provide a statement of ceruse in any notice to terminate a tenancy. In some circumstances, tenants ivho are elderly' ( 62 years or older) or disabled may be entitled to additional tenantprotections. See Chula t'ista Municipal Code chapter 9.65 for more information. "
For a Tenancy in a Residential Rental Unit subject to this chapter existing before the effective date of such; the notice required above shall be provided to the Tenant no later than 30 days after the effective date ofthis chapter, or as an addendum to the lease or rental agreement. For a Tenancy in a Residential Rental Unit subject to this chapter commenced or renewed on or after the effective date ofthis chapter, the notice required above shall be included as an addendum to the lease or rental agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant.

The provision ofthis notice shall be subject to Civil Code section 1632.

D. Notice and Opportunity to Cure Lease Violation. Before an Owner of a Residential Rental Unit issues a notice to terminate a Long Term Tenancy for just cause that is a curable lease violation, the Owner shall first give notice ofthe violation to the Tenant with an opportunity to cure the violation pursuant to Code of Civil Procedure section 1161( 3). If the violation is not cured within the time period set forth in the notice, a three- day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy.

9.65.050 Requirements Upon 'Termination of a Long Term Tenancy for No Fault Just Cause, Including Occupation by Owner or Family Member or Government or Court Order
A. When an Owner terminates a Long Term Tenancy for no-fault just cause, as specified in

9.65. 040(B)( 2) above, the Owner shall provide notice and relocation assistance to the Tenant(s) as follows:

1. For no-fault just cause terminations based on 9.65. 040(B)( 2)( a) [ Occupation by Owner or Family Member] and ( b) [ Government or Court Order]:
a. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of:
i. The basis of the no- fault just cause termination at least sixty (60) days prior to the termination of the Tenancy. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to [ housing email address], and
ii. The Tenant' s right to relocation assistance or rent waver pursuant to this section- If the Owner elects to waive the Tenant' s rent as provided in subsection ( A)(2)( b) below, the notice shall state the amount of rent waived and that no rent is due for Item 7. 2
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the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice.
b. Relocation Assistance. The Owner shall, regardless of the tenant' s income, at the Owner' s option, do one of the following to assist the Tenant to relocate:
i. Provide a direct payment to the Tenant in an amount equal to one ( 1) month 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, as identified at [website link],- or
ink];
or
ii. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)( a) above, prior to the rent becoming due.

2. For no-fault just cause terminations based on 9. 65. 040(B)( 2)( c) [ Withdrawal from the Rental Market], ( d) [ Complete Demolition] and ( e) [ Substantial Remodel]:
a_ Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of .-
i. The basis of the no-fault just cause termination at least sixty (60) days prior to the termination of Tenancy. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to [housing email address]; and
ii. The Tenant' s right to relocation assistance or rent waver pursuant to this section. If the Owner elects to waive the Tenant' s rent as provided in subsection ( A)(2)( b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months ofthe Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice.
b. Relocation Assistance. The Owner shall, regardless of the tenant' s income, at the Owner' s option, do one of the following to assist the Tenant to relocate.- i.
elocate:
i. Provide a direct payment to the Tenant in an amount equal to one ( 1) month ofthe 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, as identified at [website link], or
ii. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection ( A)(2)( a) above, prior to the rent becoming due.

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c. The provisions of this subsection shall not apply to the termination of Tenancy of a Residential Rental Unit in a Residential Rental Complex; the provisions of 9. 65. 060 through 9.65. 080 of this chapter shall apply.

B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection ( A)(1)( b)( i) or (A)(2)( b)( i) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement.

C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant.

D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.

E. If the Tenant fails to vacate after the expiration of the notice to terminate the Long Term Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession.

F. If the Residential Rental Unit is returned to rental market, and offered for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the termination pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant' s desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed.

G. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9.40 of this Code shall apply.

H. An Owner' s failure to strictly comply with this section shall render the notice of termination void.

9.65. 060 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market
A. Pursuant to Section 7060. 1( c) of the Government Code, when an Owner terminates a Long Term Tenancy based on the withdrawal from the rental market, as specified in

9. 65.040(B)( 2)( c) above, of a Residential Rental Unit in a Residential Rental Complex from the rental market, the Owner shall provide notice and relocation assistance to the Tenant as follows:

1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of:
a. The Owner' s intent to terminate the tenancy based on a withdrawal of the Residential Rental Unit from the rental market. Such notice shall be provided to the Tenant at least Item 7. 2
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sixty ( 60) days prior to withdrawal of the Residential Rental Unit from the rental market.

The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to the City via email; and
b. The Tenant' s right to relocation assistance or rent waiver pursuant to this section. Ifthe Owner elects to waive the Tenant' s rent as provided in subsection ( A)(2)( b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen ( 15) calendar days of service of the notice; and
c. The Tenant' s right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: ( i) must notify the Owner in writing within thirty 30) days ofthe termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and ( ii) must furnish the Owner with an address to which that offer is to be directed; and ( iii) may advise the Owner at any time of a change of address to which an offer is to be directed.

2. Relocation Assistance. The Owner shall, regardless ofthe tenant' s income, at the Owner' s option, do one ofthe following to assist the Tenant to relocate:
a_ Provide a direct payment to the Tenant in an amount equal to two (2) months ofthe U.S.

Department ofHousing and Urban Development' s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three ( 3) months of the U.S. Department of Housing and Urban Development' s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or
b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)( a) above, prior to the rent becoming due.

B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)( a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement.

C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant.

D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.

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E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession.

F. If the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, the Owner shall:

First offer the unit for rent or lease to the Tenant displaced from that unit by the withdrawal pursuant to this chapter, ifthe Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant' s desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed.

If the Tenant wishes to accept the offer to renew the Tenancy, the Tenant shall notify the Owner in writing within thirty (30) days of the Owner' s offer to renew the Tenancy.

2. Should the property be placed on the rental market again within the two ( 2) year period, then property owner shall be liable for six ( 6) month' s rent to the last tenant of the Residential Rental Unit at the rental rate in place at the time the rental unit is re -rented as set forth U.S. Department of Housing and Urban Development' s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located.

3. This section F does not apply ifthe property' s rented to owner' s Family Members during the two year period, converted to another use, or otherwise sold.

G. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9.40 of this Code shall apply.

H. An Owner' s failure to strictly comply with this section shall render the notice of termination void.

9.65. 070 Requirements Upon Complete Demolition of a Residential Rental Property in a Residential Rental Complex
A. When an Owner terminates a Long Term Tenancy based on the complete demolition, as specified in 9. 65. 040(B)(2)( d) above, of a Residential Rental Unit in a Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows:

Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of:
a. The Owner' s intent to terminate the tenancy based on a complete demolition of the Residential Rental Unit. Such notice shall be provided to the Tenant at least sixty (60) days prior to the complete demolition of the Residential Rental Unit. The Owner, at the same time it provides notice to the Tenant, shall also provide a copy of such notice Item 7. 2
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to the City via email; and
b_ The Tenant' s right to relocation assistance or rent waiver pursuant to this section_ Ifthe Owner elects to waive the Tenant' s rent as provided in subsection (A)(2)( b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen ( 15) calendar days of service ofthe notice; and
c. The Tenant' s right to receive an offer to renew the Tenancy in the event that new units are constructed on the property within five (5) years, and that to exercise such right, the Tenant: ( i) must notify the Owner in writing within thirty ( 30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that new units are constructed on the property; and ( ii) must furnish the Owner with an address to which that offer is to be directed; and ( iii) may advise the Owner at any time of a change of address to which an offer is to be directed.

Department of Housing and Urban Development' s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or
b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)( a) above. prior to the rent becoming due_ B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)( a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement.

C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts due to the Tenant.

D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.

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F. If the Residential Rental Unit is demolished and new units are constructed on the same property, and offered for rent or lease for residential purposes within five years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the termination pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant' s desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed.

G. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9. 40 of this Code shall apply.

14. An Owner' s failure to strictly comply with this section shall render the notice of termination void.

9.65.080 Requirements Upon Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex
A. When an Owner terminates a Long Term Tenancy based on the Substantial Remodel, as specified in 9.65. 040(B)( 2)( e) above, of a Residential Rental Unit in a Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows:

1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of:
a. The Owner' s intent to terminate the Tenancy based on a Substantial Remodel of the Residential Rental Unit_ Such notice shall be provided to the Tenant at least sixty ( 60) days prior to conducting the Substantial Remodel. The Owner, at the same time it provides notice to the Tenant, shall also provide a copy of such notice to the City via email, and
b. The Tenant' s right to relocation assistance or rent waiver pursuant to this section.

Ifthe Owner elects to waive the Tenant' s rent as provided in subsection (A)(2)( b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months ofthe Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen ( 15) calendar days of service of the notice; and
c. The Tenant' s right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty (30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and ( ii) must furnish the Owner with an address to which that offer is to be directed; and ( iii) may advise the Owner at any time of a change of Item 7.2
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address to which an offer is to be directed.

2. Relocation Assistance. The Owner shall, regardless of the tenant' s income, at the Owner' s option, do one ofthe following to assist the Tenant to relocate:
a. Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S. Department of Housing and Urban Development' s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three ( 3) months of the U.S. Department of Housing and Urban Development' s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or b. Waive in writing the payment ofrent in an amount equivalent to the direct payment specified in subsection ( A)(2)( a) above prior to the rent becoming due.

C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts due to the Tenant.

D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.

E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount ofany relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession.

F. If the Residential Rental Unit is offered again for rent or lease for residential purposes within two ( 2) years of the date the Tenancy was terminated based on the intent to conduct a Substantial Remodel of the Residential Rental Unit, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the intent to conduct a Substantial Remodel pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty ( 30) days of the termination notice of the Tenant' s desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. The Owner shall have the right to screen the Tenant using industry accepted methods for the new tenancy.

G. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9.40 of this Code shall apply.

H. An Owner' s failure to strictly comply with this section shall render the notice of termination void.

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9.65.090 Tenant Harassment/Retaliation Prohibited
A. No Owner or such Owner's agent, contractor, subcontractor, or employee, alone or in concert with another, shall do any ofthe following in Bad Faith to harass or retaliate against a Tenant for exercising their rights under this chapter:

1. Interrupt, terminate, or fail to provide housing services required by contract, by State, County or City laws, or any health or safety laws;

2. Fail to perform repairs and maintenance required by contract or by State, County or City laws, or any health or safety laws;

3. Fail to exercise due diligence in completing repairs and maintenance once undertaken;

4. Abuse the Owner's right of access into a Residential Rental Unit as that right is provided by law. This includes entries for "inspections" that are not related to necessary repairs or services; entries excessive in number, entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry;

5. Abuse the Tenant with words which are offensive and inherently likely to provoke an immediate violent reaction;

6. Influence or attempt to influence a Tenant to vacate a rental housing unit through fraud, intimidation or coercion;

7. Threaten the Tenant, by word or gesture, with physical harm;

8. Violate any law that 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 possession of a Residential Rental Unit based upon facts that the Owner has no reasonable cause to believe to be true or upon a legal theory that is untenable under the facts known to the Owner. No Owner shall be liable under this section for bringing an action to recover possession unless or until the Tenant has obtained a favorable termination of that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a Tenant on behalf of an Owner to recover possession of a Residential Rental Unit;

10. Interfere with a Tenant's right to quiet use and enjoyment of a Residential Rental Unit as that right is defined by California law;
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11. Refuse to acknowledge receipt of a Tenant' s lawful rent payment;

12. Interfere with a Tenant' s right to privacy. This includes entering or photographing portions of a Residential Rental Unit that are beyond the scope of a lawful entry or inspection.

B. No Owner shall retaliate against a Tenant because of the Tenant's exercise of rights under this chapter. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation.

C. This section shall not apply to MRL Tenancies under Civil Code Section 798. 12 or mobilehome Tenants, as the provisions of Section 1940.2 of the Civil Code and Division 2, Part 2, Chapter 2. 5 of the Civil Code (the Mobilehome Residency Law) apply.

9.65.100 Enforcement and Remedies.

A. Guiding Principles. The City seeks to promote good relations between Owners and Tenants.

1. To further that goal, Owners and Tenants should treat each other with respect, listen to each other, and make good faith efforts to informally resolve issues. If Landlords and Tenants cannot informally resolve issues, dispute resolution and mediation should be used.

2. This chapter provides for various remedies, including City enforcement. Disputes should be settled as set forth in paragraph 1 above. However, ifthey are not able to be settled, the primary enforcement mechanism is otherwise expected to be the Private Remedies set forth in Section 9.65. 1 00(E).

3. This chapter provides for City enforcement as set forth in Section 9.65. 100(D). The City has the sole and unfettered discretion to determine if it and when it will engage in enforcement of this chapter. Owners and Tenants are encouraged to resolve disputes as set forth in paragraphs 1 and 2 above.

B_ Violations>N'ailure to Comply. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter. Each day that a violation continues is deemed to be a new and separate offense.

C. No Waiver. Any waiver of the rights under this chapter shall be void as contrary to public policy.

D. City Attorney Enforcement. The City Attorney may pursue the following actions to enforce this chapter:

1. Alternative Remedies. The City Attorney may require Owner and Tenant to participate in education programs related to Landlord -Tenant issues, mediation, or an alternative dispute Item 7. 2
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program.

2. Criminal Penalty. Any Person violating any of the provisions or failing to comply with any ofthe requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($ 1, 000) or imprisonment for not more than six months, or by both a fine and imprisonment. At the sole discretion of the City Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction.

3. Civil Action. The City, or the City Attorney on behalf of the People of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Civil penalties for violations ofthis 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 9. 65. 060(F)( 1). The burden of proof in such cases shall be preponderance ofthe evidence.

4. Administrative Citations and Penalties. The City Attorney or an Enforcement Officer may issue administrative citations or civil penalties in accordance with Chapter 1. 41 ofthis Code for violation of any of the provisions of this chapter. The City may also pursue damages as set forth in 9.65.060(F)( 1). When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued.

Subpoena Authority. The City Attorney' s Office may issue subpoenas, including subpoena deuces tecum, for the investigation and prosecution of alleged violations ofthis chapter.

E. Private Remedies.

Civil Action. An aggrieved Tenant may institute a civil action for injunctive relief, direct money damages, and any other relief that the court deems appropriate, which such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($ 5, 000), per violation, at the discretion of the court. If the aggrieved Tenant is Elderly or Disabled, the court may award an additional penalty of up to Five Thousand Dollars ($5, 000) per violation, at the discretion of the court. A Tenant may also pursue damages as set forth in 9.65. 060(F)( 1).

2. Affirmative Defense. A violation of this chapter may be asserted as an affirmative defense in an unlawful detainer action.

3. Attorney' s Fees. The court may award reasonable attorney' s fees and costs to a Tenant who prevails in any action described in paragraphs 1 and 2 above.

F. Nonexclusive Remedies and Penalties. The remedies specified in this section are cumulative Item 7. 2
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and in addition to any other remedies available under state and local law for violation of this chapter.

9.65. 110 Limitations on Application.

A. Nothing in this chapter shall be construed as to prevent the lawful eviction of a Tenant by appropriate legal means.

B. This chapter shall not apply to the following types ofresidential tenancies or circumstances:

1. Transient and tourist hotel occupancy as defined in Civil Code section 1940(b).

2. Any residential occupancy by reason of concession, permit, right of access, license or other agreement for a period for 30 consecutive calendar days or less, counting portions of calendar days as full days, including Short -Term Rental occupancies as defined in Chula Vista Municipal Code Chapter 5. 68.

3. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly as defined in Health and Safety Code section 1569.2, or an adult residential facility as defined in Chapter 6 ofDivision 6 of Title 22 ofthe Manual ofPolicies and Procedures published by the State Department of Social Services. 4_ Residential Property or Dormitories owned by the City, an institution of higher education, or a kindergarten and grades 1 to 12, inclusive.

5. Housing accommodations inwhich the tenant shares a bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental Unit.

6. Single-family Owner -occupied residencies, including both ofthe following:
a. A residence in which the Owner -occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or ajunior accessory dwelling unit. b. A mobilehome.

7. A property containing two separate dwelling units within a single structure in which the Owner OCCU"},'ieu ore of the units as the Owner' s principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.

8. Residential Rental Unit, that is alienable separate from the title to any other dwelling unit, provided that both ofthe following apply:
a. The Owner is not any ofthe following:

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i. A real estate investment trust, as defined in Section 856 ofthe Internal Revenue Code. ii. A corporation.
iii. Alimited liability company in which at least one member is a corporation. iv. Management ofa mobilehome park, as
definedmi
Section 798.2 ofthe Civil Code.
b. The Tenants have been provided written notice that the Residential Rental Unit is exempt from this section using the following statement:

This property is not subject to the rent limits imposed by Section 1947. 12 ofthe Civil Code and is not subject to just cause requirements of Section 1946.2 ofthe 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) ofthe Civil Code and section 9.65. 110(B)(8) ofthe Chula Vista Municipal Code, and the Owner is not any ofthe following: (1) a real estate investment trust, as defined in Section 856 ofthe Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." For Tenancy existing before the effective date of this chapter, the notice required above may, but is not required to, be provided in the rental agreement. For a Tenancy commenced or renewed on or after the effective date ofthis chapter, the notice required above shall be provided in the rental agreement.

Addition of a provision containing the notice required above to any new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of section

9.65. 110.

9. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families ofvery low, low, or moderate income as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093 or comparable federal statutes. This paragraph shall not include housing of a Tenant with a Section 8 Housing Choice Voucher.

10. This chapter shall not apply to a homeowner of a mobilehome, as defined in Civil Code section 798.9 or a Tenancy as defined in Civil Code Section 798. 12.

C. This chapter shall remain in effect only until January 1, 2030, and as ofthat date is repealed.

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Section H. Severability
If any portion ofthis Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the 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.

Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.

Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Deputy City Manager/ City Attorney
Director of Development Services
FiA 01 LAIIRIM

CITY OF HOUSING &

CHULAVISTA HOMELESS SERVICES
Effective April 20, 2023
01 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 11 Page
Tenant Protection Regulations April 20, 2023

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) j.............................................................................................................. 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 CauseTermination of Tenancy..................................................................................................... v Appendix E VoluntaryTenant Information Upon Residential Rental Complex Notice of No -Fault Just Cause Termination of Tenancy............................................................................................ vi 21 Page
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0 20 Promulgation ofAdministrative Regulations
A. Purpose ofAdministrative Regulations
In accordance with Chula Vista Municipal Code (" CVMC") 9. 65.020, these Administrative Regulations ( the " Regulations") are intended to clarify and facilitate implementation of Chapter 9. 65.

B. Organization ofAdministrative 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 ofAdministrative 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.eov/ 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 their 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.eov/ 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 listsery at:
www.chulavistaca. eov/ 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-Faultlust 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( 6) 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. Confirmation 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. 5 1 Page
Tenant Protection Regulations April 20, 2023
No -Fault Termination of Delivery Confirmation
Tenancy Delivery
Hand delivery to City at: Hand stamped & signed copy of delivery packet.

City of Chula Vista
Housing & Homeless Services
276 Fourth Avenue
Chula Vista, CA 91910
Web based form found at Email confirmation generated by form. www.chulavistaca. gov/ landlordtenant
USPS Certified Mail to: USPS Certified Mail Confirmation Receipt.

City of Chula Vista
Housing & Homeless Services
276 Fourth Avenue
Chula Vista, CA 91910
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 then 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 Tenancy 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 61 Page
Tenant Protection Regulations April 20, 2023
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 the 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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Tenant Protection , has on
the Homeless,, Elderly, and Chula
Vista' s Community as . whole.

W10- 11
i •. as a Counci.]
06/ 27/23 V3)

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Contents:

Previous Council' s Action:. 4
5, 000.00 Daily Fines Devastates Renters: . 4
Clauses Which Need Immediate Attention: . 5
Tenant Protection Ordinance' s" Glitches Are Not
Addressed in The " Tenant Protection
Ordinance Administrative Regulations" . 6
Regarding $5, 000.00 Fines For Inadvertent Errors: 7
Additional Harmful Clauses To Be
Addressed In The Future: . . 10
The Meer Threat of a $ 5, 000.00 Daily Fine
Reeks Havoc on Renters: . I 1
More Efficient Way To Differentiate Conscientious
Owners and/or Tenants From "Bad Actors": . 11
How "The Tenant Protection Ordinance"
Effects Our Tenants: 12
Regarding The Homeless Bridge Shelter: 13
City Staff Supplied Supporting Data With Conclusion: 14

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This updated communication is a continuation of our
efforts to inform you of...
1) The disastrous side effects the " Tenant Protection
Ordinance" has on the Homeless, Elderly, and Chula
Vista' s Rental Community as a whole.
2) Your responsibility as a Council Member to
mitigate any harm brought on to our community as a
result of the previous City Council' s actions.

Also included in this report is a simple proposal for a means to correct the situation.

If you feel I am inaccurate with these conclusions
please immediately call or E-mail so we can find some
common ground to solve this problems outlined herein.

Also included of this report is data supplied by City
Staff, as requested by the previous City Council, which was utilized to create The " Tenant Protection Ordinance".

For your convenience, this Report was also E-mailed to
you in PDF Form. To enable you confirm the accuracy of
the facts contained herein, you will also find attached to your E-mail PDF copies of:
1) Chapter 9.65 ofthe Chula Vista Municipal Code
Ordinance 3 527 ( commonly known as The
Tenant Protection Ordinance")

Page 3 of 15 ends

2) Administrative Regulations of the Tenant
Protection Ordinance.

Previous Council' s Action:

You might recall, every member of the previous City
Council had reservations when passing this Ordinance.

Council Member Jill Gavez voted against The " Tenant
Protection Ordinance" because she predicted the
Ordinance would force massive rent increases on our
community. The Ordinance certainly had that effect on
our tenants.

Being under extreme pressure to " Pass Something"
before the end of session, the record shows all remaining Council Members expressed their concern that the
Ordinance " wasn' t perfect" but held out hope the harmful side effects could be mitigated in the future. It is long past time to fine tune this Ordinance and correct those errors.
15,000.00 Daily Fines Devastates Renters:

The draconian $ 5, 000.00 fines The City Council has
authorized City Staff to levy on unsuspecting Owners

Page 4 of 15 ends

which must be passed on to tenants) can not help but be devastating to renters.

When you take the time to review the enclosed facts
gathered by City Staff, I am confident you, along with
your fellow Council Members, will adopt a plan to amend the " Tenant Protection Ordinance" in order to eliminate the harmful side effects this ordinance has on those
members of our community who can least afford.

Clauses Which Need Immediate Attention:

Clause 9.65.060E states i, fa tenant terminates their lease and moves away, " 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 Administration
Regulations."
Additionally, failure to comply or simple paperwork
errors results in Tenants and/or Owners subject $5,000.00 daily fines WITH NO OPPORTUNITY TO MAKE
CORRECTIONS. (See Clause below)
Clause 9.65.08002 States: " Civil penalties for violations of this chapter may be assessed at a rate not to exceed 5,000 per violation per day. When a violation occurs

Page 5 of 15 ends

is not ed that a warning or notice to cure must
first be given before an administrative citation or civil penalty may be issued."
417MI. 1. ` 11_ x__ _ _ _' _ . 1 •
I Film Wn, rip,
In my conversations with Staff, I was informed that
the problems created by the glitches and poor wording of the " Tenant Protection Ordinance" would be addressed by the " Tenant Protection Ordinance Administrative
Regulations" ( A copy of which has been E-mail to you) .

Unfortunately Staff' s efforts of " Clean Up" the
glitches of the " Tenant Protection Ordinance" created
several areas within the " Administrative Regulations"
which directly contradict the " Tenant Protection
Ordinance".

One Example: Page 6 Section E of the
Administrative Regulations" states: " The Tenant
Information Inquiry is not required to be completed by
Tenant." This regulation is a direct contradiction to
Clause 9.65.060E of the " Tenant Protection Ordinance"
which plainly states: " fawners and Tenants shall provide City with information regarding termination of

Page 6 of 15 ends

Tenancies at such time(s) and with such details as shall be required by city in the attendant Administration
Regulations."
Some legal experts maintain this is a contradiction
because this clause in the Ordinance would not have
included the word " Tenants" if Council did not desire
information to be gathered from Landlords Tenants.

Contradictions are addressed in page 4 section " C" of
the " Administrative Regulations" which states:

C. Governing Terms in the event of Conflict. To the
extent of any conflict between these regulations and
Chapter 9.65, the terms ofChapter 9.65 shall govern. "
The above clause of the " Administrative
Regulations" brings Owners and Tenants back full circle to which good intention Owners and Tenants are faced
with huge fines and will be forced to adhere to all clauses poorly worded or not) of the " Tenant Protection Act".

ISI 11 .

Staff has communicated on many occasions it is not
their intention to levy fines for inadvertent paper work errors. Three Points why that statement is simply NOT
true:

Page 7 of 15 ends

Point One
Chula Vista residents of Mobile Home parks must
pay the City a $ 12.00 annual fee if they want to receive Rent Protection from the owners of Mobil Home Parks
who raise space fees more than permitted by City
Ordinance. Mobil Home Park residents are informed the
funds are used to pay staff for enforcing the ordinance.

At a recent Housing & Homeless Commission
meeting, Staff informed those in attendance: "... the City is currently staffing up the Housing & Homeless Services Department by ten positions in order to enforce the Tenant Protection Act."
Considering Chula Vista' s policy for recouping funds
required to enforce Mobil Home Park ordinances, WE

ARE BEING VERY NAIVE IN BELIEVING WELL

MEANING OWNERS WOULD NOT FACE

SUBSTANTIAL FINES ( WHICH MUST BE PASSED

ON TO TENANTS) IN ORDER TO FUND STAFF
TIME FOR THE ENFORCEMENT OF THE " TENANT
PROTECTION ACT". In fact, our City Manager would
be remiss if a funding mechanism is not created to support a burgeoning enforcement staff.

Page 8 of 15 ends

Point Two:

If staff had no desire to levy fines for inadvertent
errors they would have not purposely inserted the five
words underlined below.

Clause 9.65.080C2: " Civil penalties for violations of
this chapter may be assessed at a rate not to exceed
5,000 per violation per day. When a violation occurs it is not rewired that a warning or notice to cure must
first be given before an administrative citation or civil penalty may be issued."
We have been informed by City Staff the five underlined words above were purposely added in order to ease
enforcement of the " Tenant Protection Act". Staff prefers not to be required to warn Owners and/or Tenants who are in violation of the Ordinance because it is difficult to
differentiate between an inadvertent error or willful
misconduct.

With that flawed logic, the CVPD might as well ticket
everyone driving down the road as opposed separating
speeders from drivers obeying traffic laws. Staff should realize the purpose of the " Tenant Protection Ordinance" is to PROTECT Tenants and NOT make staff's job easier by
indirectly forcing owners to drastically raise rents.

Page 9 of 15 ends

Point Three:

Staff continues to maintain that enforcement will be
concentrated on " Bad Actors" with no efforts to levy fines on Good Intention Owners and/or Tenants. However
many believe the five underlined words above were also
added as a precaution because there is simply is not
enough " Bad Actors" to generate sufficient income to
support the burgeoning Staff assembled to enforce The
Tenant Protection Act." Staff needs the option to levy
fines on well meaning Owners and/or Tenants who make
simple paper work errors.

To i i
Although there are additional clauses within in the
Tenant Protection Ordinance" which are harmful to the
community as a whole, Clauses 9. 65. 060E and

9.65.080C2 outlined above are the most financially
devastating to individual renters. If you desire, these additional flaws can be addressed in future
communications.

Page 10 of 15 ends

The Meer Threat of a J5,000.00 Dam Fine Reeks
Havoc on Renters:

Ironically, staff does not have to actually fine Owners to burden financial hardship on Chula Vista renters. The mere threat of $5, 000.00 daily fines for Owners and/or Tenants who make inadvertent paperwork errors ( without given an opportunity to correct said errors) is sufficient motive for prudent Owners to substantially raise rents to fund the possibility of future fines.

More Efficient Way To Differentiate Conscientious
Owners and/or Tenants From " Bad Actors":

The most efficient way to enforce " Tenant Protection
Ordinance" is to simply warn unsuspecting Owners and/or Tenants when they are in violation of the Ordinance. This can be accomplished by simply removing the following
underlined words of Clause 9. 65. 080C2: "... When a
violation occurs it is not reauired„ that a warning or notice to cure mustfirst be given before an administrative citation or civilpenalty may be issued. "
Once conscientious Owners and/ or Tenants are informed
of their violation, they will gladly come into compliance, while unscrupulous Owners and/or Tenants will attempt to

Page 11 of 15 ends

find a way to circumvent the law. This simplifies the process of identifying and levying fines against " Bad Actors".

Hove " The Tenant Protection Ordinance" Effects Our
Tenants:

On a personal note: In my fifty years as a Chula Vista
Property Owner and Landlord, I have consistently attempted to be a good steward of my responsibility to provide a
beautiful comfortable home for tenants at a very reasonable rent. Many renters have been with Mary and I for 10, 20, even 30 years.

When calculating rents, Mary & I annually evaluate the
projected expenses of each property then adjust rents
accordingly. On November 1, 2022 an increase of expenses forced a modest $ 25. 00 monthly rent increase on a few tenants effective January 1, 2023. Fortunately rent for most tenants remained unchanged. Ironically one tenant actually had their rent reduced by $25.00.

With the passage of this ordinance authorizing
5, 000.00 fines for simple paperwork errors the situation has drastically changed. We were forced to adjust some rents by as much a $ 220.00. In my half century of providing
Landlord services to our community, I HAVE NEVER seen
an action taken by the Chula Vista City Council more

Page 12 of 15 ends

Conclusion:
10) Approximate total monthly maximum rent increase levied on Chula Vista Renters if Landlords are forced to impound funds to the pay daily fines.. $ 10,979,255.00 (36,033 Rental Units multiplied by $304. 70) U. S. Department of Housing and Urban Development Small Area Fair Market Rent (April 2022) Efficient 1 2 3
Y
Bedroom Bedroom Bedroom Bedroom

1. 550 $ 2. 010 $ 2, 620 $ 3, 640 54, 450 Exhibit
1, 430 $ 1, 580 $ 2, 030 $ 2, 820 $ 3, 450 Comparison of SUMey Data vs, SAF%IR 1, 440 S1. F00 52, 050 52. 850 $ 3,450 s44w
2, 110 $ 2, 340 $ 3, 000 $ 4, 170 55, 100 53-5w

53. x;7
S_= 32
S?, 3o0$ 2, Si0 S3 350 Brom i 7:-
54, 65D $ 5, 700 SLyao 57F.i6='-.3fi4

52. 360 $ 2, 610 $ 33, 350 soma Si,483
4,650 $ 5, 700 sLsm
i. .- j'.IU S? 73 3 ti_i. _ : 797 5 sno
5a
b2o- ; 1, 802 2, 311 $ 3, 210 5;. 9_>7:
ao r

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Chula Vista City CouncilSeptember 12, 2023

Chula Vista City Council
September 12, 2023