CHAPTER 8. 60 JUST CAUSE TENANT PROTECTIONS.
Section 8. 60. 010 Findings and Purpose
Section 8. 60. 020 Definitions
Section 8. 60. 030 Just Cause Required for Terminating a Residential Tenancy; Just Cause Defined
Section 8. 60. 040 Notices to Terminate a Tenancy for Curable Lease Violations and No- Fault Just Cause
Section 8. 60. 050 Relocation Assistance; Specified Circumstances Section 8. 60. 060 Notice to Tenants of California Limits on Rent Increases
Section 8. 60. 070 Exclusions from Chapter
Section 8. 60. 080 Waiver of Rights Ineffective
Section 8. 60. 090 Violations and Enforcement
Section 8. 60. 010 Findings and Purpose.
In compliance with subdivision (g)(1)(B) of California Civil Code Section 1946.2, the City Council for the City of Buena Park finds and declares that:
A. The provisions of this chapter requiring "just cause" for termination of a residential tenancy are consistent with Section 1946.2 of the Civil Code; and B. The provisions of this chapter are more protective than Section 1946. 2 of the Civil Code by providing for higher relocation assistance and the imposition of civil penalties in specified circumstances, and by including additional tenant protections that are not prohibited by any other provision of law.
Section 8. 60. 020 Definitions.
Inadditionto thetermsandphasesotherwisedefinedinthischapter, thefoliowing terms shall have the meaning given:
Owner" includesany person, actingas principalor throughan agent, havingthe right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobilehome park, or the owner of a mobilehome or his or her agent.
Residential real property" includes any dwelling or unit that is intended for human habitation.
Tenancy" meansthe lawful occupationof residentialreal propertyand includes a lease or sublease, and " tenant" means an individual in lawful occupation of residential real property and includes a lease or sublease.
Section 8. 60. 030 Just Cause Required for Terminating a Residential Tenancy; Just Cause Defined.
A. Notwithstandingany other law, after a tenant has continuouslyand lawfully 608
ORDINANCE NO. 1721
occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real propertyfor 24 months, thenthis subdivisionshallonly applyif eitherof the followingaresatisfied:
1. All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
2. One or more tenants have continuouslyand lawfullyoccupied the residential real property for 24 months or more.
B. For purposes of this chapter, " just cause" includes either at- fault just cause or no- fault just cause:
1. " At-fault just cause" includes any of the following:
a. Default in the payment of rent.
b. A breach of a material term of the lease, as described in paragraph ( 3) of Section 1161 of the California 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 California Code of Civil Procedure.
d. Committing waste as described in paragraph ( 4) of Section 1161 of he California Code of Civil Procedure.
e. The tenanthada written leasethatterminatedonor after January 1, 2020, 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 chapter or any other provision of law.
f. Criminalactivityby the tenanton the residentialreal property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision a) of Section422of the CaliforniaPenalCode, on or off the residentialrealproperty, that is directed at any owner or agent of the owner of the residentialreal property. g. Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph ( 4) of Section 1161 of the California Code of Civil Procedure. h. Thetenant's refusalto allowtheownerto entertheresidentialrealproperty as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections 13113.7 and 17926.1 of the California Health and Safety Code. 609
ORDINANCE NO. 1721
i. Using the premises for an unlawful purpose as described in paragraph ( 4) of Section 1161 of the California Code of Civil Procedure. j. 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 California Code of Civil Procedure.
k. Whenthe tenantfails to deliverpossessionof the residentialrealproperty after providing the owner written notice as provided in Section 1946 of the California 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 landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph ( 5) of Section 1161 of the California Code of Civil Procedure.
2. " No-fault just cause" includes any of the following:
a. Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
For leases entered into on or after July 1, 2020, paragraph B)(2)(a) of thissection shallapplyunlessthe tenantagrees, 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, domesticpartner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property.
The addition of a provision allowing the owner to terminate the lease as described in paragraph ( B)( 2)( a) of this section to a new or renewed rental agreement or fixed- term lease constitutes a similar provision for the purposes of paragraph ( B)( 1)( e) of this section.
b. Withdrawalof the residentialreal propertyfrom the rental market. c. The owner complying with any of the following:
i. An order issued by a government agency or court relating to habitabilitythat necessitatesvacating the residential real property. ii. An order issued by a government agency or court to vacate the residential real property.
iii. A local ordinance that necessitates vacating the residential real property.
d. Intentto demolishor to substantiallyremodelthe residentialrealproperty.
For purposes of this chapter, " substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonablyaccomplishedin a 610
ORDINANCE NO. 1721
safe manner with the tenant in place and that requires the tenant to vacate the residential real propertyfor at least 30 days. Cosmeticimprovementsalone, includingpainting, decorating, andminorrepairs, or otherworkthatcanbe performedsafelywithouthaving the residential real property vacated, do not qualify as a substantial model. ii. Before an owner of residential real property issues a notice to terminate a tenancy for no-fault just cause described in paragraph ( B)( 2)( d) of this section, the owner shall have obtained all necessary permits for the demolition or remodeling work from all applicable governmental agencies. In the case of a permit issuedby the City, the permitissuancewill be conditioneduponthe ownerprovidinga complete list of all tenants whose tenancies will be terminated in connection with the permitted work.
Section 8. 60. 040 Notices to Terminate a Tenancy for Curable Lease Violations and No- Fault Just Cause.
A. Beforeanownerof residentialrealpropertyissuesa noticetoterminatea tenancy for just cause that is a curable lease violation, the owner shall first give notice of the lease violation to the tenant with an opportunity to cure the violation pursuant to paragraph ( 3) of Section 1161 of the California 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. If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall include written notice of the tenant' s right to relocation assistance or rent waiver pursuant to Section 8. 60. 050 of this chapter. If the owner elects to waive the rent for the final month( s) under paragraph ( A)( 2) of Section 8.60. 050, the notice shall state the amount of rent waived and that no rent is due for the final month ( or months) of the tenancy.
C. If an owner issues a notice to terminate a tenancy for no-fault just cause as describedin paragraph (B)(2)(d) of Section8.60.030 (intentto demolishor substantiallyremodel), the owner shall, in addition to complying with paragraph (B) of this section, include the following with the written notice as applicable:
A true and correct copy of all permits issued for demolition work;
2. A copy of all issuedpermitsfor remodelingworkand reasonablydetailed information regarding each of the following:
A descriptionof the scope of the substantialremodelingwork; An explanation for why the work cannot be reasonably
accomplished in a safe manner with the tenant in place, and; iii. An explanation for why the work requires the tenant to vacate for at least 30 days.
D. An owner's failure to strictly comply with this section shall render the notice of termination void.
611
ORDINANCE NO. 1721
Section 8. 60. 050 Relocation Assistance; Specified Circumstances.
A. For a tenancy for which just cause is required to terminate the tenancy under paragraph (A) of Section 8.60.030, if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph ( B)( 2) of Section
8. 60. 030 ( no- fault just cause), the owner shall, regardless of the tenant' s income, at the owner's option, do one of the following:
1. Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph ( B) of this section.
2. Waive in writing the payment of rent in an amount equal to that described in paragraph (B) of this sectionfor the final month, or monthsif applicable, of the tenancy prior to the rent becoming due.
B. The amount of relocation assistance or rent wavier shall be equal to one month of the tenant' s rent that was in effect when the owner issued the notice to terminate the tenancy; provided that, if the tenancy is terminated for no-fault just cause as described in paragraph (B)(2)(d) of Section8.60.030 (intentto demolishor substantiallyremodel), the amount of relocation assistance or rent waiver shall instead be equal to the greater of 4, 500 or two months of the tenant' s rent that was in effect when the owner issued the notice to terminate the tenancy.
C. Any relocation assistance required by this section shall be provided within 15 calendar days of service of the notice.
D. If a tenantfailsto vacateafterthe expirationof thenoticetoterminatethetenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section shall be recoverable as damages in an action to recover possession.
E. Notwithstanding the provisions of this section, 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 paragraph ( B)(2)( c) of Section 8.60. 030 owner compliance with court or government order), the tenant shall not be entitled to relocation assistance.
F. The relocationassistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
G. An owner's failure to strictly comply with paragraphs (A), (B) and ( C) of this section shall render the notice of termination void.
Section 8. 60. 060 Notice to Tenants of California Limits on Rent Increases.
An owner of residential real property that is subject to this chapter shall provide notice to the tenant as follows:
A. For any tenancy commenced or renewed on or after July 1, 2020, as an 612
ORDINANCE NO. 1721
addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
B. For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
C. The notification or lease provision shall be in no less than 12- point type and shall include the following:
California law limits the amount your rent can be increased. See Section 1947. 12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 monthsor more or at leastone of the tenants has continuouslyand lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information."
D. For a tenancy commenced or renewed after August 1, 2023, the final sentence of the written notice tenant or lease provision shall read as follows: " See Section 1946. 2 of the Civil Code and Chapter 8. 60 of the Buena Park Municipal Code for more information." An owner's failure to comply with this subparagraph (D) shall not be grounds for invalidatingthe notice or leaseor give riseto a penalty.
E. The provision of the notice shall be subject to Section 1632 of the California Civil Code.
Section 8. 60. 070 Exclusions from Chapter.
This chapter shall not apply to the following types of residential real properties or residential circumstances:
A. Transient and tourist hotel occupancy as defined in subdivision ( b) of Section 1940 of the California Civil Code.
B. Housingaccommodationsin a nonprofithospital, religiousfacility, extendedcare facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the CaliforniaHealthand SafetyCode, or an adult residentialfacility, as definedin Chapter6 of Division6 of Title 22 of the Manualof Policiesand Procedurespublishedby theCalifornia State Department of Social Services.
C. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
D. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residenceat the residential real property.
E. Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limitedto, an accessorydwellingunit or a junior accessorydwellingunit. 613
ORDINANCE NO. 1721
F. A property containing two separate dwelling 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 accessory dwelling unit or a junior accessory dwelling unit.
G. Housing that has been issued a certificate of occupancy within the previous 15 years.
H. Residentialreal property 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:
i. A real estate investment trust, as defined in Section 856 of he Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one member is a corporation.
2. Thetenantshavebeenprovidedwrittennoticethat the residentialproperty is exempt from this chapter 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 the just cause requirements of Section 1946. 2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: ( 1) a real estate investment trust, as defined by 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."
i. For a tenancy existing before July 1, 2020, the notice required under paragraph ( H)(2) of this section may, but is not required to, be provided in the rental agreement.
ii. For any tenancy commenced or renewed on or after July 1, 2020, the notice required by paragraph ( H)( 2) of this section must be provided in the rental agreement.
iii. For any tenancy commenced or renewed on or after August 1, 2023, the notice required by paragraph ( H)(2) of this section may reference this chapter and read as follows:
This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946. 2 of the Civil Code or Chapter8.60 of the Buena Park MunicipalCode. This property meets the requirements of Sections 1947. 12 ( d)( 5) and 1946. 2 ( e)( 8) of the Civil Code, and Section 8. 60. 070( H) of the Buena Park Municipal Code, and the owner is not any of the following: ( 1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; ( 2) a corporation; or ( 3) a limited liability 614
ORDINANCE NO. 1721
company in which at least one member is a corporation." iv. Addition of a provision containing the notice required under paragraph H)( 2) of this section to any new or renewed rental agreement or fixed- term lease constitutes a similar provision for the purposes of paragraph ( B)( 1)( e) of Section 8. 60. 030.
I. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housingfor persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code, or subject to an agreementthat provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code or comparable federal statutes.
Section 8. 60. 080 Waiver of Rights Ineffective.
Any waiver of the rights under this chapter shall be void as contrary to public policy.
Section 8. 60. 090 Violations and Enforcement.
Any owner of residential real property who intentionally violates this chapter when issuing an invalid termination notice pursuant to paragraph ( B)(2)(d) of Section 8.60.030 intentto demolishorsubstantiallyremodel) shallbe liableto thetenantfor a civilpenaltyin an amount not to exceed fifteen thousand dollars ($ 15, 000), and/ or reasonable attorney's fees and costs, each as determined by the court. A tenant may enforce the provisions of this chapter by means of a civil action.
SECTION 2. CEQA. This ordinance is exempt from the requirements of the California EnvironmentalQuality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a " project' and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. ( 14 Cal. Code Regs. § 15378( a).) Further, the ordinance is exempt from CEQA because there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. ( 14 Cal. Code Regs. § 15061( b)( 3).) The City Clerk may cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 3. SEVERABILITY. The City Council declares that, should any provision, section; paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competentjurisdiction, or by reasonof any preemptivelegislation, the remaining provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect.
SECTION 4. This ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code section 36937.
SECTION 5. The City Clerk of the City of Buena Parkshall certify to the passageof the ordinance and shall cause the same to be posted in the manner required by law. 615
ORDINANCE NO. 1721
PASSEDAND ADOPTED this 6th day of June 2023, by the following called vote:
AYES: COUNCILMEMBERS: Castaneda, Traut, Sonne, Brown
NOES: COUNCILMEMBERS: Ahn
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
I, Adria Jimenez, MMC, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introducedand passed at a regularmeeting of the City Council of the City of Buena Park held on the 6th day of June 2023. 616