Empower individuals & families ● Build community resilience ● Promote housing opportunities ● Enhance quality of life
HOUSING & HOMELESS
SERVICES
Item 8.1
Residential Tenant Protection Update
December 12, 2023
History of CA Tenant Protections
Assembly Bill 1482, Tenant
Protection Act of 2019
• Requires justification for
termination of tenancy,
disclosures, and established
annual rent cap
• Exempts certain property types
At-Fault Just Cause No-Fault Just Cause
Non-payment of rent
Non-compliance with lease terms
Nuisance
Commit Waste
Criminal activity
Illegal subletting
Refusal of entry to landlord
Using premises for unlawful activity
Failure to vacate after employment
Failure to deliver possession
Removal from rental market
Demolition of property
Substantial rehabilitation
Government order
Owner or family move-in
Examples of
Exempt
Properties
Single-family
non-business
entity
Duplex
in which Owner
occupies one unit
Council Referral 9/14/21
Substantial Remodel Claims
• Concerns over gaps in no fault terminations & harassment
Local Residential Tenant Protections
https://chulavistaca.gov/landlordtenant
Chula Vista Municipal Code (CVMC) 9.65
• Adopted November 1, 2022
• Exempt Properties – Identical to AB1482
with exception of property age
• Disclosures updated to add CVMC 9.65
Residential Tenant Protections CVMC 9.65
No-Fault Just Cause Terminations
• Non-exempt properties must notify City
• 3 or more (Residential Rental Complex) must
provide Relocation benefits = 2 or 3
(elderly/disabled) months greater of SAFMR or
current rent
• Residential Rental Complex Right of First Return
within 2 years & Penalties for returning to market
after withdrawal
Impact Dashboard
https://chulavistaca.gov/landlordtenant
from 3/1/23 - 12/12/23
Impact Dashboard
https://chulavistaca.gov/landlordtenant
Senate Bill 567 (effective April 1, 2024)
Amends State Civil Code Tenant Protection Provisions
• Increased requirements for owner/family move-in and
associated termination notices
• Increased requirements for demolition or substantial remodel termination notices
• Increases liability and expands enforcement authority Impacts to CVMC 9.65
Demolition & Substantial Remodel
State Chula Vista
Defines Substantial
remodel as: (1)
system is being
replaced or
substantially
modified; (2) permit
is required; and (3)
necessary to be
vacant for least 30
days.
Requires increased
information in
tenant notice
Defines substantial
remodel as: (1) system
is being replaced or
substantially modified;
(2) improvements $40
or more per square
foot;
(3) permit is required;
and (4) necessary to be
vacant for more than
sixty (60) days.
Tenant notice
requirements will
need to be updated.
Enforcement & Remedies
State Chula Vista
Authorizes the
Attorney General,
local city attorney,
and county counsel
to enforce Civil Code
provisions via
injunction. Civil
action liability for up
to 3 times the actual
damages, in addition
to punitive damages,
plus attorney fees
and costs.
Civil penalties for
violations may be
assessed at a rate not
to exceed $5,000 per
violation per day.
Penalties and
enforcement
mechanisms will
need to be updated.
Penalty structure to
identify minor &
major infractions.
Termination of Tenancy - Family-Move-In
State Chula Vista
Requires increased
information in
tenant notice and
new requirements
for intended
occupancy
Tenant notice
requirements and
intended occupancy
requirements will
need to be updated.
Other New State Laws Impacting
Landlords & Tenants in CV
Effective January 1, 2024
SB 267 “Ability Pay” in lieu of credit history
AB 1764 Receipt of screening fee by email
AB 1418 Prohibits jurisdiction from enacting crime free policy SB 712 Micromobility devices allowed in unit
Effective July 1, 2024
AB 12 Security Deposits limited to 1 month + first month Empower individuals & families ● Build community resilience ● Promote housing opportunities ● Enhance quality of life Next Steps
Amend CVMC 9.65 prior to April 1, 2024, to remain
consistent with state law and continue to provide
increased protections to tenants in Chula Vista.