Agenda Item A.5
CPMS CONSENT CALENDAR
Meeting Date: September 16, 2025
TO: Mayor and Councilmembers
SUBMITTED BY: Peter T. Imhof, Planning and Environmental Review Director PREPARED BY: Lucy Graham, Senior Housing Analyst
SUBJECT: Second reading, by title only, of a Tenant Protections Ordinance Amending Chapter 8. 19, Tenant Protections, of Title 8, Health and Safety, of the Goleta Municipal Code
RECOMMENDATION:
Conduct second reading (by title only) and waive further reading of Ordinance No. 25-__, entitled “An Ordinance of the City Council of the City of Goleta, California, A mending Chapter 8.19, Tenant Protections, o f Title 8, Health and Safety, of the Goleta Municipal Code, and Determining the Ordinance to be Exempt from CEQA.” BACKGROUND:
The Tenant Protection Act of 2019 (Assembly Bill [“AB”] 1482; Civil Code Sections 1946.2 and 1947.12) not only established statewide just cause eviction protections and rent stabilization for residential tenants, but it also authorized cities to enact more protective local regulations that supersede state law. In December 2023, Council adopted a Tenant Protections Urgency Ordinance (Chapter 8.19, Tenant Protections, of Title 8, Health and Safety, of the Goleta Municipal Code (GMC)), which was more protective than state law and went into effect immediately to protect the public health, safety, and welfare of the community. The ordinance created just cause requirements for termination of residential tenancy, payment of relocation assistance equal to two months’ rent in cases of no -fault just cause terminations of tenancy, a mandatory offer of a one -year lease, and a mandatory right of first refu sal for tenants in certain circumstances to re -rent the rental unit they previously vacated. At the same meeting in December 2023, Council also directed staff to return at a later date with a non -urgency ordinance with additional research and information. On March 5, 2024, Council considered adoption of a non - urgency Tenant Protections Ordinance on first reading and, following discussion, directed staff to return to Council following review by the Ordinance Review Committee.
Accordingly, in May 2025, staff presented select topic areas to the Ordinance Review Standing Committee (“Committee”) for discussion, and on September 2, staff presented 1 Meeting Date: September 16, 2025
proposed amendments to the ordinance , which were b ased on feedback received from the Committee and insights g arnered from implementation of the ordinance since adoption.
DISCUSSION:
At its September 2nd meeting, the City Council reviewed the draft amendments to Chapter
8.19, Tenant Protections, of the Goleta Municipal Code. The City Council heard public comment, discussed the amendments, and unanimously voted to introduce and conduct the first reading of the Ordinance , with minor amendments. The two amendments included correcting a typographical error in Section 8.19.060(B) and changing “ten years” to “five years,” regarding withdrawal of a housing unit from the rental market, in Section
8.19.040(C)(2).
The City Council now has the opportunity to conduct the second reading and adopt the Ordinance, included as Attachment 1 , which would then become effective on the thirty- first day after adoption.
FISCAL IMPACTS:
There is no direct fiscal impact associated with this item. Implementation would be carried out primarily by e xisting staff within the Planning and Environmental Review (PER) Department and the City Attorn ey’s Office. Staff will advise members of the public regarding protections under the ordinance. Through the City’s existing contract with the Rental Housing Mediation Program (RHMP) of the City of Santa Barbara, mediation staff would assist City residents in tenant-landlord disputes, so long as the City maintains its RHMP professional services contract.
The City Attorney’s Office and PER staff may experience an increased workload due to the enforcement of tenant protections, the review of landlord petitions for rent adjustments following substantial remodels, and potential harassment cases. If the City Attorney’s Office brings enforcement actions through administrative, civil, or criminal proceedings, or seeks injunctive relief, it would pursue recovery of costs, expenses, and attorneys’ fees as allowed by law.
ALTERNATIVES:
The Council could choose not to adopt the Ordinance amending GMC Chapter 8.19, Tenant Protections, at this time.
LEGAL REVIEW BY: Isaac Rosen, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENT:
2 Meeting Date: September 16, 2025
1. Ordinance No. 2 5-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 8.19, Entitled Tenant Protections, of Title 8, Health and Safety, of the Goleta Municipal Code, and Determining the Ordinance to be Exempt from CEQA”
3 ATTACHMENT 1
Ordinance No. 25-__, entitled “An Ordinance of the City Council of the City of Goleta, California, Amending Chapter 8.19, Entitled Tenant Protections, of Title 8, Health and Safety, of the Goleta Municipal Code, and Determining the Ordinance to be Exempt from CEQA”
4 Ordinance No.25-__ Tenant Protections Ordinance
ORDINANCE NO. 25-__
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF GOLETA, CALIFORNIA,
AMENDING CHAPTER 8.19, ENTITLED
TENANT PROTECTIONS , OF TITLE 8 ,
HEALTH AND SAFETY, OF THE GOLETA
MUNICIPAL CODE, AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS decent, safe, and sanitary housing is a human necessity and right; and
WHEREAS there is a shortage of housing units on the South Coast of Santa Barbara County (the “County”) and in the City of Goleta (the “City” or “Goleta”), particularly for households in the moderate- and lower-income categories; and
WHEREAS, according to the most recent data from the US
Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (CHAS) based on the 201 7-2021 American Community Survey (ACS) data, 47% of renter households in the City experience a cost burden of paying more than 30% of their income toward monthly housing costs; and
WHEREAS 71% of the cost-burdened renter households in the City are in the lower-income categories, earning less than 80% of area median income; and
WHEREAS, according to the City of Santa Barbara’s 202 5 Rent Survey for the South Coast, the median advertised rental rate for a two - bedroom apartment in Goleta was $4,183; and
WHEREAS the vacancy rate is less than 1%, according to 201 9- 2023 ACS data, making it difficult and expensive to find a housing unit; and
WHEREAS eviction creates hardships for individuals and
households of limited means, due to the shortage of housing and intense competition for such housing units in Goleta and the County as a whole, particularly for low -income households who may be unable to amass the large sums of money required for first month’s rent, security and utility deposits, and moving and storage expenses, placing them at an increased risk of homelessness; and
5 Ordinance No.25-__ Tenant Protections Ordinance
WHEREAS housing instability threatens the public peace, health, and safety as eviction from one’s home can lead to homelessness, increased residential mobility, loss of community, strain on household finances due to the necessity of paying rental application fees and security deposits, increased stress and anxiety, longer commute times and adverse traffic impacts if displaced workers cannot find affordable housing within the city in which they work, and disruption of the education of children in the home; and
WHEREAS recent high profile headlines highlighting mass termination of tenancies at apartment complexes, sometimes comprising hundreds of units each, in Isla Vista within the County and nearby Los Angeles, have drawn attention to an urgent need to protect tenants at a time of scarce rental inventory and low vacancy rates in the City and County; and
WHEREAS the California State Legislature passed the Tenant Protection Act of 2019 (“AB 1482”), codified in part in California Civil Code Section 1946.2 (“Section 1946.2”), which became effective by its own terms on January 1, 2020 and, with certain exceptions, established statewide just cause eviction protections and rent stabilization for residential tenants and authorized cities to enact more protective local regulations; and
WHEREAS, in October 2023, the California State Legislature adopted Senate Bill 567 (“SB 567”), amending sections of California Civil Code Section 1946.2 and Section 1947.12 (“Section 1947.12”) and adding new noticing requirements and enforcement mechanisms to the Tenant Protection Act of 2019, which took effect on April 1, 2024; and
WHEREAS the City wishes to provide stronger and more immediate tenant protections citywide than what is provided in state law, including AB 1482 and SB 567 , and enact local regulations to protect renters from displacement and homelessness and t hereby promote housing and neighborhood stability; and
WHEREAS City regulations are intended to provide additional tenant protections beyond state law requirements by making permanent the temporary protections provided under AB 1482, which would otherwise expire in 2030; and
WHEREAS current City regulations, enacted by Urgency Ordinance in December 2023, are more protective than the provisions of Civil Code Sections 1946.2 and 1947.12, because the City regulations provide additional protections and specific requirements for the exercise of no-fault just cause terminations of residential tenancies; and
6 Ordinance No.25-__ Tenant Protections Ordinance
WHEREAS the City intends to adopt regulations providing tenant protections that are consistent with and authorized by California law, and the City regulations shall be interpreted and applied based on the intent to comply with California law; and
WHEREAS the City Council finds and determines that regulating the relationship between residential landlords and tenants will increase certainty and fairness in the residential rental market, and be consistent with the tenant protections that exist in neighboring localities; and
WHEREAS said tenant protection measures are in line with the City’s General Plan policies that support affordable housing, including but not limited to HE 1.4 (Preserve Mobile Home Parks and Facilitate Mobile Home Park Ownership Opportunities), HE 1.5 (Limit Conversion of Rental Housing to Condominiums and Housing Units to Nonresidential Use) , and HE 3.1 (Affirmatively Further Fair Housing Opportunities); and
WHEREAS said tenant protection measures are also consistent with existing City regulations aimed at preserving rental stock and affordable housing, such as Goleta Municipal Code (GMC) Chapter 17.29 Demolition and Relocation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2. Environmental Assessment
Pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b)(5), the proposed Ordinance does not qualify as a "project" for the purposes of CEQA, because the Ordinance amendments do not result in direct or indirect physical changes in the environment. The Ordinance amendments proposed do not, by t hemselves, have the potential to cause a significant effect on the environment because the tenant protections enacted herein do not requi re or authorize any physical change to the environment . As such, the proposed Ordinance is exempt from CEQA review.
7 Ordinance No.25-__ Tenant Protections Ordinance
SECTION 3. Tenant Protections
Title 8 of the Goleta Municipal Code, Health and Safety, is amended in Chapter 8.19, Tenant Protections, to read in its entirety:
Chapter 8.19 Tenant Protections
Sections:
8.19.010 Purpose.
8.19.020 Applicability.
8.19.030 Definitions.
8.19.040 Just Cause for Termination of Residential Tenancy.
8.19.050 Mandatory Offer of Residential Lease.
8.19.060 Mandatory Right of First Refusal for Substantial Remodels.
8.19.070 Additional Tenant Protections.
8.19.080 Remedies.
8.19.010 Purpose.
The residential rental housing market on the South Coast of Santa Barbara County, including the City of Goleta, has experienced long-term low vacancy rates, partly due to an ongoing housing shortage in the City and on the South Coast generally, resulting in less security and stability in the housing choices of residential tenants due to rapid rent increases or eviction without caus e. Evictions and h ousing instability can lead to increased residential displacement and commute times, loss of community, interrupted education of children, financial strain, and temporary or prolonged homelessness. Procuring rental housing in the City or on the South Coast is difficult, particularly on short notice following eviction or whenever multiple households are evicted at the same time. This ordinance is necessary to protect the public health, safety, and general welfare by reducing the displacement of tenants in to a rental housing market which affords them few and expensive options.
8.19.020 Applicability.
This Chapter applies to all Rental Units except:
A. An Owner-occupied unit that is rented to a Tenant for less than one year.
B. A Rental Unit occupied by a Tenant under a sublease that has a term less than one year.
C. A Rental Unit where tenancy is an express condition of, or consideration for, employment under a written rental agreement or contract.
8 Ordinance No.25-__ Tenant Protections Ordinance
D. Transient and tourist hotel occupancy as defined in Civil Code Section 1940(b) , or Hotels and Motels as defined in Section
17.72.030 of the Goleta Municipal Code.
E. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
F. Housing accommodations rented by a medical institution, which are then subleased to a patient or patient’s family.
G. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
H. Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner, who maintains their principal residence at the Rental Unit.
I. Single-family Owner-occupied residences, including both of the following: (1) a residence in which the Owner-occupant ren ts or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit; or (2) a mobilehome.
J. 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 to reside there, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
K. Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.
L. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of extremely low, very low, low, moderate, or above-moderate income up to 200% area median income, as defined in Section 50093 of the Health and Safety Code or Section 17.73.010 of the Goleta Municipal Code.
M. Residential real property , including a mobilehome, 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 the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one
member is a corporation.
iv. Management of a mobilehome park, as defined in Civil Code 798.2.
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2. The Tenants have been provided written notice that the residential property is exempt from this section using the following statement:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the Just Cause requirements of Section 1946.2 of
the Civil Code or Section 8.19 of the Goleta Municipal
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 in Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
i. For tenancies existing before the effective date of this Chapter, the notice required under this Subsection (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
the effective date of this Chapter, the notice required under this Subsection (2) must be provided in the rental agreement.
iii. Addition of a provision c ontaining the notice required under Subsection (2) to any new or renewed rental
agreement or fixed -term lease constitutes a similar
provision for the purposes of Section 8.19.040(B)(5).
N. Dwelling units in a condominium, community apartment, planned development or stock cooperative, or in a limited equity stock cooperative as defined in the California Business and Professions Code.
O. Dwelling units acquired by the City of Goleta or any other governmental unit, agency, or authority and intended to be use d for a public purpose.
P. Lawfully operated short-term rentals (for 30 days or less).
8.19.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
A. “Early Tenant Alert Notice” means a written notice provided to a tenant at least 60 days prior to serving a no -fault Just Cause Notice of Termination of Residential Tenancy described in Section
8.19.040(E).
10 Ordinance No.25-__ Tenant Protections Ordinance
B. “Housing Displacement Informational Handout” mean s a document containing housing -program information, provided by the City and made available on the City website.
C. “Intended Occupant ” means the Owner of the residential real property or the Owner’s spouse, domestic partner, child, grandchild, parent, or grandparent, who intends to occupy the Rental Unit for a minimum of 12 continuous months as that person’s primary residence.
D. “Just Cause” means any of the permissible reasons to issue a notice to terminate residential tenancy, as further described in Section s
8.19.040(B) and 8.19.040(C).
E. “Landlord” means an owner , lessor, or sublessor, or the agent, representative, or successor of any of the foregoing person s or entities who receives, or is entitled to receive, rent for the use and occupancy of any Rental Unit or portion thereof.
F. “Owner” means the owner of record for a Rental Unit.
G. "“Percentage change in the cost of living "” means the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the region where the residential real property is located, as published by the United States Bureau of Labor Statistics. If a regional index is not available, the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations, shall apply.
H. “Qualified Tenant ” means a Tenant who has continuously and lawfully occupied a Rental Unit for 12 months or who otherwise qualifies as a Tenant meriting Just Cause eviction protection under Civil Code Section 1946.2, Subdivision (a).
I. “Rent” means the total consideration , including any bonus, benefit, or gratuity, charged or received by a Landlord in exchange for or connection with the use or occupancy of a Rental Unit and any separately charged amenities available to Tenants such as parking, storage, or other similar charges.
J. “Rent Increase” means any addition al rent charged to or paid by a Tenant for a Rental Unit.
K. “Rental Unit” means any dwelling unit in any real pro perty located within the City , regardless of zoning status, including the land and buildings appurtenant thereto and all housing services, privileges, and facilities, that is rented or available for rent for residential use or occupancy (regardless of whet her the unit is also used for other purposes).
L. “Residential Real Property” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.
M. “Substantially Remodel ” or “Substantial Remodel” means the replacement or substantial modification of any structural, electrical, 11 Ordinance No.25-__ Tenant Protections Ordinance
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 a ccordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the Tenant in place and that requires the Tenant to vacate the Rental Unit for at least 30 days. To qualify, the Substantial Remodel must be for the primary purpose of bringing the Rental Unit into compliance with applicable health and safety codes. A Substantial Remodel does not include cosmetic improvements, including painting, decorating, minor repairs, routine maintenance, or other work that can be performed safely without having the Rental Unit vacated.
N. “Tenant” means any renter, tenant, subtenant, lessee, or sublessee, or person entitled by written or oral agreement to occupy a Rental Unit to the exclusion of others.
O. “Termination of Re sidential Tenancy ” or “Terminate a Residential Tenancy” means, for purposes of this Chapter only, a termination of residential tenancy, as described in California Civil Code Sections 1946 to 1946.2, inclusive.
8.19.040 Just Cause for Termination of Residential Tenancy.
A. Just Cause Required.
1. Any Termination of Residential Tenancy of a Qualified Tenant requires Just Cause, which must be stated in full in a written notice as required by this Chapter. No Landlord of a Rental Unit shall Terminate a Residen tial Tenancy of a Qualified Tenant without complying with the requirements of this
Chapter.
2. Just Cause includes at-fault Just Cause or no-fault Just Cause as defined in Subsections 8.19.040(B) and 8.19.040(C).
B. At-Fault Just Cause.
At-Fault Just Cause includes any of the following:
1. Default in the payment of Rent.
2. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
3. Maintaining, committing, or permitting the maintenance o r commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
4. Committing waste as described in para graph (4) of Section 1161 of the Code of Civil Procedure.
5. The Tenant had a written lease that terminat ed on or after January 1, 2020, or January 1, 2022 , if the lease is for a tenancy in a mobilehome, and , after a written request or 12 Ordinance No.25-__ Tenant Protections Ordinance
demand from the Landlord, 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.
6. Criminal activity by t he Tenant on the 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 Rental Unit premises, that is directed at the Landlord for the Rental Unit; provided that criminal activity or criminal threat directed at a Tenant who is a victim of domestic violence shall not be the basis for at-fault or no-fault Just Cause eviction of the Tenant who is a victim of domestic violence.
7. Assigning or subletting th e Rental Unit in violation of the Tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
8. The Tenant’s refusal to allow the Landlord to enter the Rental Unit as authorized by Section 1101.5 and 1954 of the Civil Code, and Section 13113.7 and 17926.1 of the Health and Safety Code.
9. Using the Rental Unit for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
10. The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or licensee as described in paragraph (1) of Section 1161 of the Code of Civil
Procedure.
11. When the Tenant fails to deliver possession of the Rental Unit after providing the Landlord written notice as provided in Civil Code Section 1946 of the Tenant’s intention to terminate the hiring of the Rental Unit, 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 Code of Civil Procedure.
C. No-Fault Just Cause.
No-Fault Just Cause includes any of the following:
1. The Owner seeks in good faith to recover possession of the Rental Unit for use and occupancy by the Owner or the
Owner’s Intended Occupant.
i. For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, this sub-paragraph (C)(1) shall apply only if the Tenant agrees, in writing, to the Termination of Residential
Tenancy, or if a provision of the lease allows the Owner 13 Ordinance No.25-__ Tenant Protections Ordinance
to terminate the lease , if the Owner, or the Intended
Occupant, unilaterally decide (s) to occupy the Rental
Unit. Addition of a provision allowing the Landlord to
terminate the lease as described in this clause to a new or renewed rental agreement or fixed -term lease
constitutes a similar provision for the purposes of
Section 8.19.040(B)(5).
ii. This sub -paragraph (C) (1) does not apply if the
Intended Occupant occup ies a Rental Unit on the
property or if a vacancy of a similar unit already exists at the property.
iii. The written notice of Termination of Residential
Tenancy for a Just Cause pursuant to this sub -
paragraph (C)(1) shall contain the name or names and
relationship to the Owner of the Intended Occupant.
The written notice shall additionally include notification that the Tenant may request proof that the Intended
Occupant is an Owner or related to the Owner as
defined herein. The proof shall be provided upon
request and may include an operating agreement and
other non-public documents.
iv. Sub-paragraph (C)(1) appli es only if the Owner or
Intended Occupant moves into the Rental Unit within
90 days after the Tenant vacates and occupies the
Rental Unit as a primary residence for at least 12
consecutive months.
a. If the Intended Occupant fails to occupy the
Rental Unit within 90 days after the Tenant
vacates or fails to occupy the Rental Unit as
their primary residence for at least 12
consecutive months, the Owner shall offer the
unit to the Tenant who vacated it at the same
rent and lease terms in effect at the time the
Tenant vacated and shall reimburse the Tenant
for reasonable moving expenses incurred in
excess of an y relocation assistance that was
paid to the Tenant in connection with the written
notice.
b. If the Intended Occupant moves into the Rental
Unit within 90 days after the Tenant vacates but
dies before having occupied the Rental Unit as
a primary residence for 12 months, as required
by subclause (iv), this will not be considered a
failure to comply with this section or a material
violation of this section by the Owner as
provided in subdivision 8.19.080.
14 Ordinance No.25-__ Tenant Protections Ordinance
2. The Owner seeks in good faith to recover possession to permanently withdraw the Rental Unit from the rental market in accordance with applicable state law. If the Owner re-rents the Rental Unit within five (5) years from the date it is vacated, there shall be a rebuttable presumption that the Owner did not intend to permanently withdraw the Rental Unit from the rental market.
3. The Owner seeks in good faith to comply with any of the following:
i. An order issued by a government agency or court
relating to habitability that necessitates vacating the Rental Unit.
ii. An order issued by a government agency or court to
vacate the Rental Unit.
iii. A local ordinance that expressly requires vacating the Rental Unit.
4. The Owner seeks in good faith to recover possession to totally demolish or to Substantially Remodel the Rental Unit,
provided the Owner has done all of the following:
i. Obtained all permits necessary to carry out the
demolition or Substantial Remodel from applicable
governmental agencies.
ii. Given the Tenants an appropriate notice of
Termination of Residential Tenancy as required by
Section 8.19.040(E) , advising the Tenants of the
Owner’s intent to terminate the tenancy in reliance on
this subsection, which must include all of the following information:
a. A statement informing the tenant of the Owner’s
intent to demolish the Rental Unit or
Substantially Remodel the Rental Unit and
providing the reason why the work cannot be
reasonably accomplished in a safe manner with
the Tenant in place and why the work r equires
the Tenant to vacate the Rental Unit for at least
30 days.
b. The following statement:
"If the Substantial Remodel of your unit or
demolition of the property as described in this
notice of termination is not commenced or
completed, the Landlord must offer you the
opportunity to re -rent your unit with a rental
agreement containing the same terms as your
most recent rental agreement with the Owner at
the rental rate that was in effect at the time you
15 Ordinance No.25-__ Tenant Protections Ordinance
vacated. You must notify the Landlord within
thirty (30) days of receipt of the offer to re -rent
of your acceptance or rejection of the offer, and,
if accepted, you must reoccupy the unit within
thirty (30) days of notifying the Owner of your
acceptance of the offer.”
c. A description of the Substantial Remode l to be
completed, the approximate expected duration
of the Substantial Remodel, or if the property is
to be demolished, the expected date by which
the property will be demolished, together with
one of the following:
I. A copy of the permit or permits require d
to undertake the substantial remodel or
demolition.
II. Only if a notice is issued for the
abatement of hazardous materials,
including lead -based paint, mold, or
asbestos, in accordance with applicable
federal, state, and local laws, and if the
remodel does not require any permit, a
copy of the signed contract with the
contractor hired by the Owner to
complete the Substantial Remodel,
which reasonably details the work that
will be undertaken to abate the
hazardous materials.
d. A notification that, in accordance with Section
8.19.060, if the Tenant is interested in
reoccupying the Rental Unit following the
Substantial Remodel, the Tenant shall inform
the Landlord of the Tenant’s interest in
reoccupying the Rental Unit following the
Substantial Remodel and provide to the
Landlord the Tenant’s address, telephone
number, and email address.
iii. Filed with the Planning and Environmental Review
Department, within five (5) calendar days after service of the notice of Termination of Residential Tenancy, a
copy of the documents served on the Tenant and proof
of such service, signed by the Owner under penalty of
perjury, on the Tenant. The Owner shall maintain proof
of service to the City as evidence that the Owner has
complied with this section. The Owner ’s failure to
provide proof of service shall create a rebuttable
16 Ordinance No.25-__ Tenant Protections Ordinance
presumption that the Owner did not comply with this
section.
D. Relocation Assistance Payments Required.
1. The Landlord of a Rental Unit who issues a notice of Termination of Residential Tenancy based upon no-fault Just Cause shall , within 15 calendar days after service of the notice, make a relocation assistance payment to each
Qualified Tenant in an amount equal to two months’ Rent that was in effect when the Landlord issued the notice of
Termination of Residential Tenancy or eight thousand dollars ($8,000), whichever is greater.
2. When more than one Qualified Tenant occupies a Rental Unit, the Landlord shall divide the relocation assistance payment equally among the Qualified Tenants and make the divided relocation assistance payment to each Qualified Tenant.
3. The Landlord of the Rental Unit who chooses to serve an Early Tenant Alert Notice may elect to make one -half of the relocation assistance payment required by this Chapter t o each Qualified Tenant within 15 calendar days after service of the notice of Termination of Residential Tenancy , and the remaining one -half of the relocation assistance payment to each Qualified Tenant no later than the time that Qualified Tenant surrenders possession of the Rental Unit.
4. If a Qualified Tenant fails to vacate after the expiration of the notice of Termination of Residential Tenancy, the actual amount of any relocation assistance paid to the Qualified Tenant shall be recoverable as damages from that Qualified Tenant.
5. A Qualified Tenant is not entitled to relocation assistance , if any government agency or court determines that the tenant is at fault for the condition or conditions triggering an eviction order or need to vacate for reasons listed in but not limited to those in Section 8.19.040(B).
6. Any relocation assistance or rent waiver required by State law shall be credited against the relocation assistance payment required by this Chapter, but only to t he extent such credit is required by State law.
E. Notice Requirements.
1. The written notice of Termination of Residential Tenancy shall state in full the facts and circumstances constituting the at - fault Just Cause or no -fault Just Cause for Termination of Residential Tenancy.
2. A written notice of Termination of Residential Tenancy based upon no-fault Just Cause must be provided at least 60 days 17 Ordinance No.25-__ Tenant Protections Ordinance
before the date of termination and must inform each Qualified Tenant of their right to and the amount of a relocation assistance payment required by this Chapter , along with a Housing Displacement Informational Handout in a form
provided by the City.
3. Before a Landlord of a Rental Unit issues a notice of Termination of Residential Tenancy for Just Cause that is a curable lease violation, the Owner shall first give notice of the violation to each Qualified Tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three -day notice to quit without an opportunity to cure may thereafter be served in accordance with California law to terminate the tenancy.
8.19.050 Mandatory Offer of Residential Lease.
A. If a Tenant or prospective Tenant wishes to rent a Rental Unit from a Landlord and if the Landlord wishes to rent the Rental Unit to the Tenant or prospective Tenant, the Landlord must offer to the Tenant or prospective Tenant a written lease which has a minimum term of one year. The offer must be made in writing. The Landlord’s signing of a lease which has a minimum term of one year shall be considered an offer in writing.
B. If the Tenant or prospective Tenant accepts the offer of a written lease which has a minimum term of one year, this a cceptance must be in writing, dated, and signed by the Tenant. The Tenant or prospective Tenant’s signing of a lease signed by the Landlord, which has a minimum term of one year , will be considered an acceptance. The Tenant shall bear the burden of proving that they accepted the lease offer.
C. If the Tenant or prospective Tenant rejects the offer for a written lease which has a minimum term of one year, this rejection must be in writing and signed by the Tenant on a dated single-page form which is either:
1. made available through the City’s website; or
2. prepared by the Landlord or Tenant to communicate the rejection.
On or after the date the rejection is signed and deliver ed, the Landlord and Tenant or prospective Tenant may then enter into an agreement that provides for a rental term of less than one year. The Landlord shall have the burden of proving that the lease offer was made to the Tenant and whether the Tenant accepted or rejected the offer.
D. If the Landlord and Tenant enter into a written lease which has a minimum term of one year, such lease must set the Rent for the 18 Ordinance No.25-__ Tenant Protections Ordinance
Rental Unit at a rate or rates certain , and these rates shall not be otherwise modified during the initial term of such lease.
E. If both the Landlord and t he Tenant wish to continue the rental relationship, upon the expiration of the initial lease which has a minimum term of one year, a lease shall be offered again in accordance with the procedures of this section.
1. Leases with a term of one year shall be offered annually.
2. Leases with a term longer than one year shall be renewable at the expiration of each lease period for a minimum term of one year.
3. A Landlord shall offer annually a written lease with a minimum term of one year to a Tenant who rejected an initial offer of a written lease with a minimum term of one year but who has rented a unit from the Landlord for a period of at least twelve months.
F. If the Landlord does not wish to continue the rental relationship, then at the time t he Landlord delivers notice of such Termination of Residential Tenancy , the Tenant shall be offered a one -session conciliation meeting with the Landlord using a publicly funded housing mediation service, if available, or a qualified mediator of mutual choice and provided at mutual expense. The results of any conciliation meeting shall not be binding unless agreed to by the Landlord and Tenant. A Tenant need not participate in a conciliation meeting. The remedies available under this chapter shall not be affected by a Tenant’s inability or refusal to participate in conciliation.
G. If a Rental Unit is rented subject to a written lease that was in effect prior to December 20, 2023, when the lease in effect for such a unit expires, the ordinance codified in this Section shall then apply. If a Rental Unit is rented on or before March 19, 2024 without a written lease, within ninety days after the effective date of Ordinance 23- 18U, the Landlord shall offer a written lease to the Tenant in accordance with this Section . Except as specifically limited by this sub-paragraph (G), this Section 8.19.060 applies to any Rental Unit that is leased on or after the effective date of Ordinance 23-18U.
8.19.060 Mandatory Right of First Refusal for Substantial Remodels.
A. For Termination of Residential Tenancy pursuant to Section
8.19.040(C)(4), the Landlord shall provide the Tenant of the Rental Unit at the time of termination a written Right of First Refusal to re- occupy the Rental Unit when it is ready to be occupied, provided the following:
1. The Tenant must provide to the Landlord contact information, including address, telephone number, and email address, at which to receive a notification related to the Right of First Refusal to re-occupy the unit. The contact informa tion must be current as of the date the Tenant provided a response in 19 Ordinance No.25-__ Tenant Protections Ordinance
accordance with Section 8.19.040(C)(4)(ii)(d); provided, however, that the Tenant may update the contact information by sending written notice to the Landlord at the address of the Rental Unit, or other such address that the Landlord
designates to the Tenant in writing.
2. When the Rental Unit is ready for occupancy, the Landlord must make an offer to the Tenant to return and rent the Rental Unit under a written rental agreement containing substantially the same terms as the Tenant’s most recent rental agreement with the Landlord.
3. The Tenant must return to the Landlord a written acceptance of the offer to return to and rent the unit within thirty (30) days of receipt of the offer. If the Tena nt declines the offer or the offer expires, the Landlord may lease the Rental Unit to any applicant.
B. The written offer to re -occupy the unit shall include the rental price, the proposed terms, and any security deposit required. The rental price for the unit shall be set at no more than the total rental rate charged for the unit at the time of the notice of Termination of Residential Tenancy plus 5% plus the percentage change in the cost of living, as defined, over the year in which the Substantial Remodel occurs, or 10%, whichever is lower. Where applicable, the lease term offered shall be in accordance with Section 8.19.050.
1. If a Landlord contends that the limitation on the Rent increase herein will prevent the Landlord from receiving a fair and reasonable return with respect to the operation of the property as a Rental Unit, the Landlord may request approval of an increase in Rent by an amount greater than allowed by this Subsection (B), by filing a “Substantial Remodel Rent Petition” with the Planning a nd Environmental Review Department in compliance with Subsection (C). The City may adopt
administrative procedures and regulations specifying what information must be included within the “Substantial Remodel Rent Petition and additional administrative proc edures to effectuate the intent of this Section 8.19.060.
C. Substantial Remodel Rent Petition. In the event a Tenant seeks to exercise a Right of First Refusal, the Landlord may apply to increase the Rent more than that which is allowed by Subsection (B) by submitting a Substantial Remodel Rent Petition with the Planning and Environmental Review Department in accordance with the following:
1. The Landlord shall file the Substantial Remodel Rent Petition within thirty (30) days from receipt of the Tenant's writte n election to exercise the right of first refusal.
2. The Landlord shall mail a copy of the Substantial Remodel Rent Petition by first class mail, postage prepaid, to any 20 Ordinance No.25-__ Tenant Protections Ordinance
Tenant(s) who are seeking to exercise a right of first refusal under this Section 8.19.060, within five calendar days after the date the petition is filed with the Planning and Environmental Review Department. Landlord shall submit a proof of service to the City evidencing the date of mailing to the Tenant(s).
3. The Tenant(s) will have 30 days from the date of service of the Substantial Remodel Rent Petition to reply or provide additional materials to the City in response to the petition.
4. The Landlord shall be responsible for all costs associated with the City's review of the Substantial Remodel Rent Petition.
Upon receipt of a Substantial Remodel Rent Petition, the Planning and Environmental Review Department Director
shall determine the anticipated costs of review and if the employment of expert(s) will be necessary or appropriate for a proper analysis of the Landlord's request. The resulting figure shall be communicated to the Landlord, and the
Substantial Remodel Rent Petition shall not be processed until the Landlord has paid to the City the estimated cost of the complete analysis. The City will provide the Landlord with an invoice of all costs incurred after the review of the Substantial Remodel Rent Petition. Any unused portion of the advance payment for analysis shall be refunded to the
Landlord. If additional funds are required, payment wi ll be required before Landlord receives the determination on the Substantial Remodel Rent Petition from the City.
5. It shall be a rebuttable presumption that the annual net operating income earned by a Landlord on the Rental Unit immediately prior to the Sub stantial Remodel, in conjunction with any applicable Rent increases allowed under the Goleta Municipal Code , provide the landlord with a fair and
reasonable return with respect to the operation and
maintenance of their property. A Landlord shall have the burden to prove that the additional Rent increase requested is necessary to earn a fair and reasonable return with respect to the operation and maintenance of their Rental Unit after the Substantial Remodel.
6. The factors the Planning and Environmental Review Director may consider in deciding a Substantial Remodel Rent Petition include, but are not limited to:
i. Whether the work performed was a Substantial
Remodel as defined in this Chapter;
ii. Changes in the percentage change in the cost of living under this Chapter;
iii. The last Rent increase;
iv. The amount and quality of services provided by the
Landlord to the affected Tenant(s);
21 Ordinance No.25-__ Tenant Protections Ordinance
v. The completion of any capital improvements or
rehabilitation work related to the Rental Unit specified in the Substantial Remodel Rent Petition, and the cost
thereof, including materials, labor, construction
interest, permit fees, and other items the Planning and Environmental Review Director deems appropriate;
vi. Changes in property taxes or other taxes related to the Rental Unit;
vii. Changes in the Rent paid by the Landlord for the lease of the residential real property or land on which the
Rental Unit is located;
viii. Changes in the utility charges for the Rental Unit paid by the Landlord, and the extent, if any, of
reimbursement from the tenants;
ix. Changes in reasonable operating and maintenance
expenses; and
x. The need for repairs caused by circumstances other
than ordinary wear and tear.
7. The Planning and Environmental Review Director shall consider the Subs tantial Remodel Rent Petition and any information submitted by any aggrieved party, including any information submitted by the Landlord or affected Tenant(s).
The Planning and Environmental Review Director’s decision shall be emailed and sent by mail, with proof of mailing, to the subject property Landlord or the Landlord's designated
representative, and any impacted Tenant(s).
i. The decision of the Director Department may be
appealed to the Planning Commission pursuant to
Subsection (C)(8).
8. An appellant or a ggrieved party who wishes to contest the Planning and Environmental Review Director's decision on a Substantial Remodel Rent Petition may file a request for appeal of the decision to the Planning Commission, which will be heard in accordance with the proce dures set forth herein, as may be supplemented by administrative procedures and regulations adopted by the City.
i. An appellant or aggrieved party who files a request for appeal shall mail a copy of the request for appeal by
first class mail, postage prepa id, to the Tenant(s) who would be subject to the rent increase, within five
calendar days after the date the request for appeal is
filed.
ii. The request for appeal shall include, but is not limited to: a general statement specifying the basis for the
appeal a nd the specific aspect of the decision being
appealed, which shall be based upon an error in fact or 22 Ordinance No.25-__ Tenant Protections Ordinance
dispute of findings; and supporting evidence
substantiating the basis for the appeal.
9. Appeal Hearing.
i. The appellant shall be given the opportunity to testify, call witnesses and to present evidence concerning the
appeal. The Planning Commission may also hear
testimony and consider written evidence offered by the
affected Tenant(s), and the public.
ii. Planning Commission Decision. After considering all of the testimony and evidence submitted at the hearing,
the Planning Commission shall direct Planning and
Environmental Review staff to issue a written decision
denying, affirming or modifying the Director's decision that includes written findings in support of the Planning Commission’s decision. The written decision shall be
served by first -class mail, postage prepaid on the
appealing party, published on the City’s website, and
provided to any impacted Tenant(s).
iii. The decision of the Planning Commission to accept or reject an appeal application is final and not subject to further administrative appeal. Any party aggrieved by a final decision of the City in deciding a Substantial
Remodel Rent Petition may seek judicial review of the
decision.
8.19.070 Additional Tenant Protections.
A. The City Manager may adopt administrative procedures and regulations to implement the provisions of this Chapter.
B. A Landlord is prohibited from retaliating against a Tenant for lawfully and peaceably exercising their legal rights under Chapter 8.19 of this Code, state or federal law, or other applicable regulations. This includes but is not limited to the right to file a complaint with Code Compliance staff at the City or other responsible agency.
C. It is a violation of this Section for a Landlord to willfully engage in, aid, or incite a course of conduct that serves no lawful purpose, and which adversely affects a Tenant’s use or enjoyment of a Rental Unit, a housing opportunity, or housing -related services or facilities, including but not limited to the following:
1. Reducing or eliminating housing services required by a lease, contract, or law, including the elimination of parking if provided in the Tenant’s lease or contract, or access to common areas or amenities, except as necessary to comply with a court order or local or state law.
2. Imposing a new lease term unilaterally unless the change is authorized by law.
23 Ordinance No.25-__ Tenant Protections Ordinance
3. Failing to perform and timely complete necessary repairs and maintenance required by local or state law.
4. Failing to exercise due diligence in completing repairs and maintenance once undertaken or failing to follow appropriate industry repair, containment or remediation protocols
designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts.
5. Abusing the Landlord’s right of access into a Rental Unit as established and limited by California Civil Code Section 1954, including entering or photographing portions of a rental unit that are beyond the scope of lawful entry or inspection.
6. Threatening a Tenant, by word or gesture, with physical harm.
7. Misrepresenting to a Tenant that the Tenant is required to vacate a Rental Unit or enticing a Tenant to vacate a Rental Unit through intentional misrepresentation or the concealment or omission of a material fact. This includes misrepresenting a Tenant’s rights under this Chapter 8.19, this Code or applicable law.
8. Offering payments or other inducements to a Tenant to vacate more than once in any six-month period, after the Tenant has notified the Landlord in writing that the Tenant does not desire to receive further offers of payments or other inducements to vacate.
9. Threatening to report a Tenant or other person known to the Landlord to be associated with a Tenant to any local, state, or federal agency on the basis of their perceived or actual immigration status. The prohibition shall not be construed as preventing communication with such agencies regarding an alleged immigration violation.
10. Refusing to acknowl edge or accept receipt of lawful rent payments as set forth in a lease agreement or as established by the usual practices of the parties or applicable law.
11. Refusing to cash a rent check for over thirty -one (31) day s unless a written receipt for payment has been provided to the Tenant.
12. Engaging in activity prohibited by federal, state, or local housing anti-discrimination laws.
13. Retaliating, threatening, or interfering with tenant organizing activities, including formi ng or participating in tenant associations and unions.
14. Retaliating, threatening, or interfering with a Tenant’s right to petition the government for redress of grievances.
15. Interfering with a Tenant's right to privacy. This includes, but is not limited to: video or audio recording that captures the interior of a Tenant's bedroom, bathroom, changing room, 24 Ordinance No.25-__ Tenant Protections Ordinance
fitting room, dressing room, or the interior of any other area in which the occupant has a reasonable expectation of privacy with the intent to invade the p rivacy of a person or persons inside, entering or photographing portions of a Rental Unit that are beyond the scope of a lawful entry or inspection,
unreasonable inquiry into a Tenant's relationship status or criminal history, or unreasonable restrictions on or inquiry into overnight guests.
D. A Landlord, in the course of the leasing or offering to lease a Rental Unit, is prohibited from requesting information that violates a Tenant's right to privacy, including but not limited to residence or citizenship status or social security number, except as required by law or, in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy, provided the Landlord does not release such information except as required or authorized by law. A Landlord shall accept equivalent alternatives to information or documentation that does not concern immigration or citizenship status, e.g., an Individual Taxpayer Identification Number (ITIN).
E. Nothing in this Section shall be const rued as to prevent a Landlord from lawfully exercising the Landlord’s rights under Chapter 8.19 of this Code or applicable law.
F. Any provision of a lease or rental housing agreement that purports to waive any provision of this Chapter is void as against public policy.
8.19.080 Remedies.
A. Failure to comply with any provision of this Chapter shall render void a notice of Termination of Residential Tenancy, and any other notice by a Landlord to terminate a residential tenancy as described in California Civil Code Sections 1946 to 1946.2.
B. Failure to include all required information in the notices required by this Chapter shall be a defense to any unlawful detainer action.
C. Failure of a Landlord to comply with any of the provisions of this Chapter shall provide the Tenant with an affirmative defense in any legal action brought by the Landlord to collect Rent Increases made in violation of this Chapter.
D. Failure of a Landlord to plead and prove compliance with any of the provisions of this Chapter shall provide the Tenant a defense in any action to recover possession of the Rental Unit.
E. Any violation of this Chapter shall entitle the aggrieved Tenant to:
1. Actual damages according to proof.
2. Attorneys’ fees and costs.
3. Upon a sho wing that the Landlord has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive
damages for the benefit of the Tenant against the Landlord. 25 Ordinance No.25-__ Tenant Protections Ordinance
4. A Tenant may seek injunctive relief on behalf of Tenant or on behalf of other affected Tenants to enjoin a Landlord’s violation of this Chapter.
5. In case of any violation of Section 8.19.070, an aggrieved Tenant may institute civil proceedings against a Landlord for alleged violations of this Chapter, regardless of whe ther the Rental Unit remains occupied or has been vacated due to the alleged violation(s). A Tenant may be awarded actual
damages or a minimum amount of $1,000 per violation,
whichever is greater, at the discretion of the court, and the court may impose civil penalties up to $10,000 per violation, in addition to any other civil remedies authorized by law.
F. Remedies provided in this Section are in addition to any other existing legal remedies and not intended to be exclusive.
G. The City Attorney is authorized to enforce this Chapter through administrative, civil, or criminal action. The City Attorney is further authorized to bring actions for injunctive relief on behalf of the City.
The City Attorney shall s eek recovery of costs, expenses, and attorneys’ fees as allowed by law.
SECTION 4. Severability.
If any section, s ubsection, sentence, clause, or phrase of this Chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.
SECTION 5. Certification of City Clerk.
The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accordance with California Government Code section 36933.
SECTION 6. Effective Date and Termination.
This Ordinance shall take effect on the 31 st day following adoption by the City Council.
26 Ordinance No.25-__ Tenant Protections Ordinance
INTRODUCED ON the ___ day of ________, 2025.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2025.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ ISAAC ROSEN
CITY CLERK CITY ATTORNEY
27 Ordinance No.25-__ Tenant Protections Ordinance
STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ , City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 25-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the _______, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
28