Empower individuals & families ● Build community resilience ● Promote housing opportunities ● Enhance quality of life
HOUSING & HOMELESS
SERVICES
Item 7.2
Residential Tenant Protection Amendments
February 20, 2024
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
• Allows local jurisdictions to adopt
protections if they are more
restrictive
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 - 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
• 2 or more rented units on same property 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
• Right of First Return within 2 years / Penalties for
returning to market after withdrawal
Impact Dashboard
https://chulavistaca.gov/landlordtenant
from 3/1/2023 – 2/13/2024
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 • demolition or substantial remodel termination notices • Further defines owner and criteria for occupying
• Increases liability and expands enforcement authority • 9.65.030 Definitions
• Added “owner occupant” and “beneficial
owner” as it relates to the owner move-in
requirements
• 9.65.060 No-Fault Terminations
• Family/Owner move-in basis requires
occupancy within 90 days for 12 continuous
months
• Substantial Remodel doesn’t allow the Owner
to require the tenant to vacate on any days
where they could continue living in the unit
Amendments to CVMC 9.65
Compliance with SB567
• 9.65.070 Notice
• Additional noticing requirements
for Owner/Family move-in and
Substantial Remodel or Demolition
• Requires the Owner to offer the
unit to the Tenant who vacated if
the intended occupant fails to
timely move in or continuously
reside in the unit
Amendments to CVMC 9.65
Compliance with SB567
• 9.65.080 – Enforcement & Remedies
• Civil action award of 3 x actual damages and punitive damages • Civil penalties revert to CVMC 1.41 (up $2,500 per violation per day) • Except violations of 9.65.050 (Harassment & Retaliation), which remain at $5,000 per violation per day)
Amendments to CVMC 9.65
Adjusting Enforcement & Remedies
Empower individuals & families ● Build community resilience ● Promote housing opportunities ● Enhance quality of life Recommendation
Adopt Amendments to CVMC 9.65, effective April 1,
2024, to remain consistent with state law, update civil administrative penalties, and continue to provide
increased protections to tenants in complexes of 3 or
more units upon no-fault termination of tenancy.