City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2025-01192 6/24/2025
Ordinance Adding Section 5.156.015 to the Sacramento City Code, Relating to the Tenant Protection Program [Passed for Publication 06/17/2025; Published 06/20/2025] File ID: 2025-01192
Location: Citywide
Recommendation: Adopt an Ordinance adding section 5.156.015 to the Sacramento City Code, relating to the Tenant Protection Program.
Contact: Peter Lemos, Code & Housing Enforcement Chief, (916) 808-8183, [email protected], Community Development Department Presenter: Peter Lemos, Code & Housing Enforcement Chief, (916) 808-8183, [email protected], Community Development Department Attachments:
1-Description/Analysis
2-CAA Letter
3-Ordinance
Description/Analysis
Issue Detail: On August 13, 2019, the City Council adopted Chapter 5.156 of the City Code, known as the Tenant Protection and Relief Act. The Tenant Protection Program (Program) was established to assist residential tenants with increasing rental rates by establishing limits on annual rent increases and for long term tenants to provide protection from unwarranted lease termination.
On November 19, 2024, three amendments to chapter 5.156 were passed. These amendments were limited to Sacramento City Code sections 5.156.020, 5.156.080, and 5.156.150 and did not amend the just cause eviction protections codified in Sacramento City Code section 5.156.090.
The amendment to Sacramento City Code section 5.156.020 added “substantial repairs” to the list of definitions. The amendment to 5.156.080 added a requirement that all landlords subject to the chapter register all units on the rental housing registry by submitting a form made available by the city. The amendment to section 5.156.150 extended the sunset date from December 31, 2024, to
File ID: 2025-01192 6/24/2025
December 31, 2029.
On November 26, 2024, the City Attorney’s office received a letter from the California Apartment Association (CAA). This letter stated a concern that the November 19, 2024, amendments to Chapter
5.156, moved the code out of compliance with California Civil Code section 1946.2(i)(1). The amendment that most concerned the CAA was the addition of the definition for “substantial repairs” which they state is a substantive amendment to the “just cause” provisions of Sacramento City Code chapter 5.156. This letter is provided as Attachment 1-CAA Letter.
The Safe Habor Protection in Civil Code section 1946.2(i)(1)(A) states that a local ordinance requiring just cause for termination of a residential tenancy will apply in lieu of the State’s just cause protections if the ordinance was adopted on or before September 1, 2019. The City’s tenant just cause protections were adopted on August 13, 2019, a month prior to the deadline outlined by section 1946.2(i)(1)(A).
While the City did amend chapter 5.156 in 2024, it did not amend the provisions requiring just cause for termination of a residential tenancy, which were adopted in 2019, a month prior to the deadline.
The three amendments that were passed were limited to Sacramento City Code sections 5.156.020,
5.156.080, and 5.156.150, and left the just cause provision untouched.
Because the three amendments that were passed in 2024 did not amend the just cause eviction protections codified in Sacramento City Code section 5.156.090, the Safe Harbor Protection likely still applies to Chapter 5.156. The recommended ordinance amendment ensures compliance with Civil Code section 1946.2(i)(1) by adding an explicit finding that the ordinance is more protective than the state code, rather than potentially having to use the less protective provisions of California Civil Code section 1946.2.
Policy Considerations: The recommended action is consistent with the following Housing Element goals and policies:
· Goal 5: Protect residents at risk of displacement from their homes and their communities · Policy H-5.2 Strengthen Tenant Protections The City shall explore options to strengthen eviction prevention, limits on annual rent increases, and tenant relocation measures.
Economic Impacts: Academic studies show that rental regulation of units in a city can provide neighborhood stability for renters, particularly a city’s lowest-income residents.
Environmental Considerations: This report is an administrative activity that does not result in a direct or indirect physical change to the environment. Therefore, this action is exempt from environmental review under CEQA per the CEQA Guidelines section 15378(b)(5).
File ID: 2025-01192 6/24/2025
Sustainability: There are no sustainability considerations applicable to amending Sacramento City Code 5.156 related to tenant protection.
Commission/Committee Action: None
Rationale for Recommendation: The recommended amendment addresses an item that may need clarification within the Code to preserve the effectiveness of the program.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
November 26, 2024 Via Electronic Mail Only Susana Alcala Wood, City Attorney Sacramento City Attorney’s Office 915 I Street, Floor Four Sacramento, CA 95814 [email protected] RE: Guidance on Applicability of TPP Program Following Recent Amendments Dear City Attorney Alcala Wood: The California Apartment Association (CAA) is a non-profit trade organization providing services to rental housing providers across the state, and proudly represents over 3,000 housing providers in the greater Sacramento area. One of CAA’s key missions is to provide education and compliance materials to assist our members in understanding their rights and responsibilities under federal, state and local law, including Sacramento’s Tenant Protection Program (“TPP” or “the ordinance”). We recently reviewed amendments to the TPP adopted at the November 19th City Council meeting as part of our revision process for CAA’s educational materials for TPP and have discovered a potential issue on which we seek your assistance. As you know, in addition to extending the sunset date from December 31, 2024 to December 31, 2029, the City made two amendments to the ordinance that: (1) provide clarifying language regarding registration; and, (2) define “substantial repairs” to have the same meaning as “substantially remodel” under Civil Code 1946.2 (the state just cause eviction law, also known as AB 1482). Under Civil Code section 1946.2(i)(1)(B), AB 1482’s just cause requirements apply in lieu of a local ordinance requiring just cause for termination adopted or amended after September 1, 2019, unless the local ordinance is “more protective” than AB 1482, as defined, and the local government has made specific findings to that effect. CAA is seeking guidance as to the City’s position regarding the TPP’s application given that it has now been amended after September 1, 2019, including a substantive amendment to the TPP’s just cause provisions by adding a definition for “substantial repairs,” which is applicable to one of the no-fault grounds for terminating a tenancy. If it is the City’s position that the TPP applies in place of AB 1482 because it is more protective than AB 1482, it appears the City unintentionally omitted the required findings pursuant to Civil Code section 1946.2(i)(1)(B)(iii). Given the mandates found in paragraphs (2) and (3) of Civil Code section 1946.2(i), which provide that “[a] residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and this section,” and “[a] local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed,” CAA is concerned that, unless this issue is clarified, the TPP’s applicability to properties which would otherwise be subject to AB 1482 just cause will be in question. If it is the City’s position that TPP applies in place of AB 1482 on some other basis, we would ask you to please advise of this reason so that we can update our TPP educational materials accordingly.
CAA remains committed to expanding education and understanding of the TPP, and ensuring clarity as to the TPP’s applicability is foundational to that effort. Accordingly, CAA greatly appreciates the City’s guidance on this issue and looks forward to working with the City. Sincerely,
Whitney Prout Executive Vice President, Legal Affairs
Ordinance No.2025- Adopted on 1
1487168
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
AN ORDINANCE ADDING SECTION 5.156.015 THE SACRAMENTO CITY CODE, RELATING TO THE
TENANT PROTECTION PROGRAM
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Section 5.156.015 is hereby added to the Sacramento City Code to read as follows:
5.156.015 Findings.
The city council finds:
A. The provisions of this chapter requiring just cause for termination of a residential tenancy was adopted before September 1, 2019, in accordance with California Civil Code section 1946.2, subdivision (i)(1)(A).
B. In accordance with California Civil Code s ection 1946.2, subdivision (i)(1)(B), the provisions of this chapter requiring just cause for termination of a residential tenancy are more protective than California Civil Code section 1946.2 because it meets the following criteria:
1. The just cause for termination of a residential tenancy under t his chapter is consistent with California Civil Code section 1946.2.
2. This chapter further limits the reasons for termination of a residential tenancy.
Adopted by the City of Sacramento City Council on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
MAYOR
Attest:
Ordinance No.2025- Adopted on 2
1487168
City Clerk
Passed for Publication:
Published:
Effective: