City Council
Report
City Council Meeting: April 14, 2026
Agenda Item: 10.A
1 of 5
To: Mayor and City Council
From: Jing Yeo, Director, Administration
Subject: Introduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code Section 13.02.060 to Make Untenantable Conditions under California Civil Code Section 1941.1 subject to the City's Property Maintenance Code (Functioning Refrigerators & Stoves)
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect and Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading an Ordinance amending the text of the Santa Monica Municipal Code Chapter 13.02, Property Maintenance, to include language making violations of California Civil Code 1941.1 also violations of the Santa Monica Property Maintenance code.
Summary
The proposed ordinance would amend Santa Monica Municipal Code (SMMC) Chapter
13.02, Property Maintenance, to add language making violations of California Civil Code 1941.1 also violations of the Santa Monica Property Maintenance code. Civil Code Section 1941.1 establishes several conditions which, if present, may render a dwelling unit untenantable, or not fit for rental as a residential unit. Without a parallel provision in the Santa Monica Municipal Code to the State law, Code Enforcement is unable to efficiently and effectively enforce these provisions in State law.
Discussion
2 of 5
On September 26, 2023, the City Council adopted an amendment of the Santa Monica Municipal Code, creating Article 13, Neighborhood Preservation, which included chapters for Property Maintenance, Vacant Properties, and the Abatement of Nuisances. This Article contains most of the requirements which governs how properties are to be maintained to ensure that the health, safety, and welfare of the community is protected. Section 13.02.050 generally defines as a violation anything that constitutes a nuisance under state law (Civil Code section 3479), and Section 13.02.060 lists a number of specific conditions that constitute violations.
In addition to the dozens of specifically enumerated conditions that constitute violations under Section 13.02.060, subsection 13.02.060(q) incorporates all of the conditions of substandard buildings enumerated in California Health and Safety Code section 17920.3. Health and Safety Code section 17920.3 provides that a building is “substandard” when specified conditions exist to the extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public. Subsection “q” serves as a bridge to California Health and Safety Code Section 17920.3, and Code Enforcement uses this bridge frequently when issuing notices of violations or citations for conditions related to the habitability of a dwelling unit.
SMMC Section 13.02.060(r) further defines when conditions exist to the extent of rendering a unit uninhabitable. Specifically, Section 13.02.060(r)(2) provides that a building or structure is uninhabitable if the building qualifies as substandard under Health and Safety Code section 17920.3, and Section 13.02.060(r)(3) provides that a building or dwelling is uninhabitable if any condition in Health and Safety Code section 17920.3 exists to an extent that endangers life, limb, health, property, safety or welfare.
Because the requirement that a condition exists to the extent of endangering life, limb, health, property, safety or welfare is already incorporated in the definition of a substandard building in Health and Safety Code section 17920.3, there is currently some redundancy between subsections 13.02.060(r)(2) and (r)(3). 3 of 5
SMMC Section 4.36.100(a)(2) further provides that a landlord is required to provide temporary tenant relocation benefits when a condition exists that renders a unit uninhabitable and that the Building Officer can issue an order compelling compliance with this section; and SMMC Section 4.36.100(c)(3) provides that the Building Officer may issue an order requiring the payment of a meal per diem only if the unit is otherwise habitable except for inadequate kitchen facilities.
State law, California Civil Code section 1941.1 also contains provisions which may render a unit “untenantable”. To be “untenantable,” one of the characteristics listed in 1941.1 must be lacking. While there is a lot of similarity between Civil Code 1941.1 and Health and Safety Code 17920.3, there are differences. Not all untenantable conditions found in Civil Code 1941.1 are automatically dangerous to the health and safety of tenants.
On October 6, 2025, the Governor of California signed into law Assembly Bill 628 which amended Civil Code section 1941.1 to require landlords to provide and maintain working refrigerators and stoves in units with leases entered into, amended, or extended on or after January 1, 2026.
The proposed SMMC code amendment adds language to clarify that any condition listed in Health and Safety Code Section 17920.3 is a violation of the Municipal Code, whether or not the condition exists to the extent of endangering health and safety. The proposed amendment also makes untenantable conditions found in Civil Code 1941.1 violations of the Santa Monica Municipal Code, including the lack of properly functioning refrigerators or stoves.
Finally, the proposed amendment clarifies that any condition that violates either Health and Safety Code section 17920.3 or Civil Code section 1941.1 to the extent of 4 of 5
endangering life, limb, health, safety, property, or welfare of the public or an occupant renders a unit uninhabitable. This amendment clarifies the standard for a unit to be rendered uninhabitable such that relocation benefits pursuant to SMMC Section
4.36.100(a)(2) and (c)(3) may be required. This amendment will further serve as a bridge to the Civil Code and permit Code Enforcement to effectively and efficiently address untenantable conditions found in the Civil Code.
Environmental Review
The proposed amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15321 (Enforcement Actions by Regulatory Agencies) and Section 15061(b)(3) (Common Sense Exemption) of the CEQA guidelines. Section 15321 exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include the adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. Section 15061(b)(3) states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment”. The proposed Ordinance incorporates basic minimum standards for dwelling units that already exist under state law and clarifies the standard for deeming a dwelling unit uninhabitable, to enable more efficient and direct enforcement of these standards by the City. Therefore, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment, and the Ordinance is exempt from CEQA pursuant to Section 15321 and Section 15061(b)(3).
Past Council Actions
Meeting Date Description
September 26, 2023
(attachment A)
Adoption of an ordinance creating Article 13, Neighborhood Preservation, which includes Chapter 13.02, a
comprehensive property maintenance program.
5 of 5
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the proposed changes to the Code.
Prepared By: Daniel Mick, Code Enforcement Manager
Approved Forwarded to Council
Attachments:
A. ORD- Amend 13.02.060 to Incorporate Civil Code 1941.1 04.14.26 B. Attachment A - September 26, 2023 City Council Item 8.C C. PowerPoint Presentation