Santa Monica City Council
January 23, 2024

2024 Tenant Protection
Ordinance

OVERVIEW
Amendments to Tenant Relocation
Code
Permanent Relocation for Economic
Displacement
SMMC 4.36.020(a)(5)
 Permanent relocation fee required if tenant chooses to move within 120 days of notice to increase rent by more than CPI+5% or 10% (whichever is less)
Would impact tenants in units not covered by rent control or Tenant Protection Act, including units built less than 15 years ago and single-family homes and condos owned by individuals Permanent Relocation for Other Reasons
SMMC 4.36.010(a)(6)-(8)
 Permanent relocation fee required in other constructive eviction situations
 Tenant chooses to leave after temporary relocation of at least 6 months
 Determination tenant was compelled to vacate because of harassment or illegal lockout
 Determination that unit is not habitable and cannot be made habitable
 Tenant chooses to leave unit that is not permitted and cannot or will not be permitted for residential use

OVERVIEW
Amendments to Buyout Offers and
Agreements Code
Expansion of Buyout Code to Non-Rent Controlled
Units
SMMC 4.57
 Move the buyout agreements code from the tenant
harassment code (SMMC 4.56.050) to its own
chapter
 Expand the code to apply to all units subject to either rent control or local just cause (Charter Article XXIII).  As of 2020, many tenants with just cause protections under Article XXIII also have rent increase protections under the Tenant Protection Act
Minimum Buyout Amount Requirement and
Defense for Non-Registration
SMMC 4.57.020(b)(7), (c)(3)
 Buyout agreements must be for at least the permanent
relocation fee amount
SMMC 4.57.020(e)
 Landlord’s failure to file an agreement may be raised as an affirmative defense to eviction
New Disclosure Language
SMMC 4.57.020(b)(7), (8)
 Written disclosure form must include new statements that:
 Offering payments to a tenant to vacate more than once in six months after the tenant has notified the landlord in writing that the tenant refuses to enter into buyout agreement or engage in negotiations may constitute bad faith tenant harassment.
 Tenant is entitled to at least the permanent relocation fee amount and what this amount is.

OVERVIEW
Amendments to Tenant Protection
Code
Evictions Based on Bad Faith Excessive Rent
Increases
SMMC 4.27.090
 Defense to eviction if the landlord, in bad faith, imposed an excessive rent increase to induce the tenant to vacate
through fraud, intimidation, or coercion in circumvention of any law requiring the landlord to have just cause to evict the tenant.
 Evidence of “bad faith” includes, an excessive increase imposed
 Within 6 months of an unsuccessful attempt to evict a tenant for cause
 Within 6 months of lawful complaints to landlord about habitability, safety, harassment, discrimination, or neighbor harassment;  In violation of price gouging protections, when those are in effect due to a state of emergency.

OVERVIEW
Amendments to Tenant Harassment
Code
Prohibited Activities
SMMC 4.56.020(a), (k), (m), (n),
 Add as harassment, when done in bad faith:
 Self-help eviction
 Refusal to accept rent
 Excessive or unlawful rent increase
 Retaliation
SMMC 4.56.020(f)
 Adds examples of unlawful intimidation and coercion:
 Buyout offers within 6 months of tenant saying in writing not interested
 Refusal to cooperate with request to replace lawful
occupant who no longer lives in the unit with subtenant as allowed by law
Potential Penalties
SMMC 4.56.040(c)
 Increases maximum potential civil penalty from $10,000 per violation to $20,000 per violation

OVERVIEW
Amendments to Housing
Discrimination Code
Housing Status as a Protected Classification
SMMC 4.28.030(a), (b), (c)
 Prohibits discrimination on the basis of “housing status”  Refusing to rent, denying access to common areas, evicting, or otherwise withholding a rental unit on the basis of housing status  Representing that a housing accommodation is not available to a person on the basis of housing status
 Making any statements that indicate a preference or limitation with respect to housing status
Housing Status Defined
SMMC 4.28.030(l)
 Defines “Housing status” to mean:
 Currently or formerly experiencing homelessness,
 Currently or formerly living in transitional, temporary, or shelter housing, or
 Lacking a residential rental housing history.
 If an applicant for housing accommodation lacks a rental history or landlord references, the landlord must offer the option, at the applicant’s discretion, of providing lawful verifiable alternative evidence that the applicant will be a reliable tenant, including but not limited to personal references. If the applicant elects to provide such evidence, the landlord shall provide the applicant a reasonable period of time to do so and shall consider the evidence in determining whether to offer the housing
accommodation to the applicant.

Section 8 Discrimination
SMMC 4.28.030(i)
 Unlawful “refusal to accept” a housing voucher includes  refusing to make repairs required by the Housing Authority after Housing Quality Standards inspection unless the
landlord demonstrates it would be economically infeasible to do so.

OVERVIEW
Charter Amendments
Evictions for Small Rental Debts
 Consider resolution to place on November 2024 ballot amendments to City Charter Section 1806 and 2304 to prohibit evictions for nonpayment of rent for less than 150% Fair Market Rent for an equivalent sized unit.

Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom Los Angeles-Long
Beach-Glendale Metro
Area Fair Market Rent
$1,777 $2,006 $2,544 $3,263 $3,600
150% of LA-Long
Beach-Glendale Metro
Area Fair Market Rents
$2,666 $3009 $3,816 $4,895 $5,400
Evictions for Tenants Performing Unpermitted
Work with Landlord’s Authorization
 Consider resolution to place on the November 2024 ballot amendments to Charter Sections 1806 and 2304 to prohibit evictions based on breach of lease, nuisance, or illegal use if:
 the basis for the eviction is that the tenant made physical alterations without a permit, the tenant had the landlord’s consent to make the alteration or it was allowed by lease, and tenant is unable to obtain a permit due to the landlord’s lack of cooperation;  the basis for the eviction is that the landlord received a notice of violation or citation for the unpermitted alteration but did not provide the tenant with a copy of the notice or citation; and  the basis for the eviction is that the landlord received a notice of violation or citation, the tenant is not able to appeal the notice or citation, seek a variance, or obtain a permit to legalize the work, and the tenant requested the landlord do one of the foregoing but the landlord refused.