1 SANTA MONICA RENT CONTROL BOARD MEMORANDUM
TO: Santa Monica Rent Control Board
FROM: Jonathan Holub, Executive Director
FOR MEETING OF: June 25, 2026
RE: Public Hearing to Consider Proposed Tenant-Protection and Related Just-Cause Eviction Amendments to Article XVIII and Possible Recommendation to the City Council
Subject
The Board will conduct a public hearing regarding proposed tenant-protection and related just-cause eviction amendments to Article XVIII (Rent Control) of the Santa Monica City Charter and determine whether to recommend one or more of the proposed amendments to the Santa Monica City Council for placement on the November 2026 ballot.
Summary
At its April 9, 2026 meeting, the Board reviewed four proposed Charter amendments developed by the Charter Amendment Subcommittee and directed staff to return with the proposals for public hearing. Those proposals included three administrative amendments and one tenant-occupancy amendment.
At its May 14, 2026 meeting, the Board opened the public hearing on the proposed amendments and also heard a presentation from the City Attorney’s Office regarding additional tenant-protection proposals. Because the City Attorney’s Office proposals included several concepts for Article XXIII (Housing Policies) that may warrant parallel amendments to Article XVIII, the Board continued the public hearing and directed staff to reconvene the Charter Amendment Subcommittee to review the proposals and return with recommendations regarding next steps.
The Subcommittee met on May 26, 2026. The Subcommittee agreed that the three Boardoriginated administrative amendments should return separately for continued public hearing and possible recommendation to the City Council at the June 11 regular meeting. The Subcommittee also reviewed the tenant-protection and related just-cause eviction proposals and agreed that those items should return to the Board as an administrative item for discussion and possible direction regarding a public hearing at a future Board meeting.
At its June 11, 2026 meeting, the Board approved the three administrative Article XVIII amendments for recommendation to the City Council. The Board also reviewed the proposed tenant-protection and related just-cause eviction amendments and directed staff to return with those amendments for a public hearing and possible recommendation of one or Item 11.A
2 more proposed amendments to the City Council at a June 25, 2026 Board meeting, including a comparison table of other jurisdictions with similar existing provisions.
The proposed tenant-protection and related just-cause eviction amendments before the Board concern:
• small rental debts;
• added family and household members;
• family-member occupancy after tenant vacancy;
• affordable housing deed-restriction compliance provisions; and • Tenant Protection Act findings.
Staff recommends that the Board conduct the public hearing, receive public testimony, close the public hearing, discuss the proposed amendments, and determine whether to recommend one or more of the proposed amendments to the Santa Monica City Council for placement on the November 2026 ballot.
Discussion
In November 2026, the City of Santa Monica will hold a general municipal election. The Rent Control Board may recommend Charter amendments to the Santa Monica City Council for placement before voters. Staff’s current target is to have any Board-recommended Charter amendments ready for City Council consideration at its July 14, 2026 meeting.
The proposals now before the Board arise from both the Board’s prior work and the City Attorney’s Office presentation at the May 14 meeting. The Board’s original tenantoccupancy proposal focused on preventing termination of tenancies based on specified changes in household composition, including the addition of listed family members and minor children. The City Attorney’s Office presentation included a broader set of tenantprotection proposals, some of which were presented primarily for Article XXIII but may also be appropriate for parallel Article XVIII amendments.
Following the May 14 meeting, staff worked with the City Attorney’s Office to develop draft Article XVIII language for the tenant-protection proposals. The drafts attached to this report reflect that work, the Subcommittee’s May 26 discussion, and the Board’s June 11 direction.
The City Attorney’s Office proposal regarding just-cause protections for single-family homes is not included in this report because it does not require parallel Article XVIII action.
Small Rental Debts (Section 1806(a)(1))
Section 1806(a)(1) currently permits a landlord to terminate a rent-controlled tenancy when the tenant has failed to pay rent to which the landlord is entitled under the rental housing agreement and Article XVIII. The existing provision does not establish a minimum unpaidrent threshold before nonpayment may serve as a basis for termination.
The proposed amendment would retain nonpayment of rent as a just-cause basis for eviction, but would add a threshold requirement. Under the proposed language, a landlord could not terminate a rent-controlled tenancy for nonpayment unless the amount due 3 exceeds 150 percent of the fair market rent for the Los Angeles-Long Beach-Glendale metro area, as set annually by the United States Department of Housing and Urban Development, for an equivalent-sized rental unit.
The proposed language would also require the written notice to the tenant terminating tenancy to state the number of bedrooms in the tenant’s rental unit and 150 percent of the fair market rent amount for an equivalent-sized rental unit. This is intended to give tenants and landlords a clear reference point for determining whether the unpaid amount exceeds the threshold required before nonpayment may serve as a basis to terminate the tenancy.
The proposed amendment is intended to prevent displacement based on relatively small rental debts while preserving the ability to terminate a tenancy for larger unpaid rent amounts.
Added Family and Household Members (Section 1806(a)(2)) Section 1806(a)(2) currently permits termination of a tenancy where the tenant continues, after written notice to cease, to commit a material and substantial breach of an obligation or covenant of the tenancy. However, the existing provision also includes a limited protection for certain subleases. Specifically, a landlord may not terminate a tenancy based on a tenant’s sublease of the unit if the tenant continues to reside in the unit, the sublease replaces a departed tenant on a one-for-one basis, and the landlord has unreasonably withheld the right to sublease after written request by the tenant.
The added-household-members proposal is the principal area where the Board’s prior tenant-occupancy proposal and the City Attorney’s Office proposal overlap. Staff has prepared a hybrid version that uses the City Attorney’s Office structural format while preserving key policy choices from the Board’s original proposal, including separate protection for listed family members and minor children.
The proposed amendment would retain and reorganize the existing sublease protection as a separately identified category within Section 1806(a)(2). It would continue to protect certain replacement subleases where the tenant remains in the rental unit, the sublease replaces a departed tenant on a one-for-one basis, and the landlord has unreasonably withheld the right to sublease.
The proposal would also add new protections for occupancy by one or more listed family members or dependents of the tenant of the owner, even if the number of occupants exceeds the number permitted by the rental housing agreement. The listed family members would include the tenant’s spouse, domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, child, grandchild, sibling, aunt, uncle, cousin, niece, nephew, or dependent. The protection would apply so long as the additional person is not prohibited from occupying the unit by state or federal law or by an applicable affordable housing deed restriction. For listed family members, the proposed language would not require landlord approval or written notice to the landlord.
In addition, the proposal would preserve a separate protection for occupancy resulting from the birth, adoption, or change of legal custody of a minor child or children for whom the 4 tenant, or the tenant’s spouse or domestic partner who has filed an Affidavit of Domestic Partnership with the City, is the parent or legal guardian. This protection would also be subject to state or federal law and applicable affordable housing deed restrictions.
For non-family occupants, the proposal would add a separate request-and-approval framework. A landlord could not terminate a tenancy based on occupancy by an additional non-family occupant if the tenant of the owner continues to reside in the unit and the landlord has unreasonably withheld approval of the additional occupant after written request. The proposed language includes standards addressing when denial based on creditworthiness or financial criteria is unreasonable and preserves legitimate grounds for withholding approval, including where the landlord resides in the same rental unit, the proposed occupant is prohibited by law or deed restriction, or other legitimate grounds exist.
Finally, the proposal would provide that nothing in Section 1806(a)(2) permits occupancy in excess of any maximum allowable occupancy established by law.
Family-Member Occupancy After Tenant Vacancy (Section 1806(c)) Section 1806(c) currently provides limited protection for certain family members after a tenant vacates a rent-controlled unit due to death or incapacitation. Under the existing language, a landlord may not take action to obtain possession from the tenant’s spouse, child or children, or domestic partner who has filed an Affidavit of Domestic Partnership with the City, if that person lived in the unit for at least one year before the tenant vacated due to death or incapacitation, on the ground that the person is not authorized to occupy the unit.
The proposed amendment would expand this protection in two ways. First, it would broaden the list of covered family members to include the tenant’s spouse, child or children, domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, grandchild, sibling, aunt, uncle, cousin, niece, nephew, or dependent. The proposed language also clarifies that the covered family member or dependent must be related to the tenant of the owner. This clarification is intended to align the provision with the addedhousehold-member language in Section 1806(a)(2) and avoid uncertainty regarding whether family members of subtenants or other occupants may invoke the protection.
Second, the proposed language would no longer limit the protection to situations where the tenant vacates due to death or incapacitation. Instead, if a covered family member has lived in the unit for at least one year at the time the tenant vacates, the landlord would be prohibited from taking action to obtain possession from that covered family member on the ground that the family member is not authorized to occupy the unit.
The proposed amendment would preserve an exception where the reason the family member is unauthorized is that the family member is not qualified or authorized to occupy the rental unit under the terms of an applicable affordable housing deed restriction. This exception is intended to ensure that the expanded family-member occupancy protection does not override eligibility requirements for deed-restricted affordable housing.
Affordable Housing Deed-Restriction Compliance Provisions (Section 1806(a)(11), 1806(a)(12), and 1806(b))
5 Section 1806 currently lists ten just-cause grounds for termination of a rent-controlled tenancy and does not include a specific ground addressing tenant eligibility or certification requirements for units subject to affordable housing deed restrictions. The proposed affordable-housing amendments would add two just-cause grounds related to rental units subject to applicable affordable housing deed restrictions.
First, proposed Section 1806(a)(11) would allow termination where the tenant does not qualify for the rental unit under the terms of an applicable affordable housing deed restriction, or is causing a violation of the deed restriction, and the landlord seeks in good faith to recover possession in order to comply with the applicable deed restriction or guidelines, provided the landlord complies with all applicable regulations.
Second, proposed Section 1806(a)(12) would allow termination where the tenant of a rental unit subject to an affordable housing deed restriction has failed or refused to provide proof of income or other qualification for the rental unit, after written notice requesting such proof, where the deed restriction or applicable law requires the tenant to provide proof of income or other qualification in order to reside in the unit.
The proposed amendment would also revise Section 1806(b) so that the written notice required under proposed Section 1806(a)(12), for failure or refusal to provide proof of income or other qualification, is subject to the same reasonable-notice framework before service of a notice to terminate tenancy. Proposed Section 1806(a)(11) separately requires the landlord to comply with all applicable regulations when seeking to recover possession in order to comply with an affordable housing deed restriction or guidelines.
These provisions are intended to preserve the ability to enforce affordable housing eligibility requirements in deed-restricted units while incorporating notice and compliance safeguards.
Tenant Protection Act Finding (New Section 1822)
The proposed new Section 1822 would add a finding that Article XVIII is more protective than the provisions of California Civil Code section 1946.2. The finding states that Article XVIII limits the reasons for termination of a residential tenancy consistent with Civil Code section 1946.2, further limits the reasons for termination to a greater degree, provides higher relocation assistance amounts in conjunction with implementing provisions of the Santa Monica Municipal Code, and provides additional tenant protections not prohibited by law.
The proposed finding is intended to support continued application of the City’s local justcause framework to units subject to Article XVIII if the Board and City Council proceed with amendments to Article XVIII eviction provisions. This proposed section would not create a separate basis for eviction or a separate tenant claim; rather, it would state the City’s finding regarding the relationship between Article XVIII and Civil Code section 1946.2.
Relationship to Administrative Charter Amendments
The three Board-originated administrative amendments concerning commissioner term limits, registration fee framework, and petition decision timeline were considered separately by the Board through a continued public hearing at the June 11, 2026 meeting. At that 6 meeting, the Board voted to recommend those proposed amendments to the City Council for placement before voters at the November 2026 general election.
For process purposes, staff has treated the Charter amendment proposals in two tracks:
administrative amendments and tenant-protection amendments. The final ballot structure, including whether the amendments should be submitted as one measure or more than one measure, remains subject to City Attorney guidance.
Recommendation
Conduct the public hearing, receive public testimony, close the public hearing, discuss the proposed tenant-protection and related just-cause eviction Charter amendments, and determine whether to recommend one or more of the proposed amendments to the Santa Monica City Council for placement before voters at the November 2026 general election.
Attachment A: Proposed Amendment - Small Rental Debts (Clean) Attachment B: Proposed Amendment - Small Rental Debts (Redline) Attachment C: Proposed Amendment - Added Household Members (Clean) Attachment D: Proposed Amendment - Added Household Members (Redline) Attachment E: Proposed Amendment - Family-Member Occupancy After Tenant Vacancy (Clean)
Attachment F: Proposed Amendment - Family-Member Occupancy After Tenant Vacancy (Redline)
Attachment G: Proposed Amendment - Affordable Housing Deed Restrictions (Clean) Attachment H: Proposed Amendment - Affordable Housing Deed Restrictions (Redline) Attachment I: Proposed Amendment - Tenant Protection Act Findings (Clean) Attachment J: Proposed Amendment - Tenant Protection Act Findings (Redline) Attachment K: Jurisdiction Comparison Table
Proposed Amendment Concerning Small Rental Debts
Section 1806. Eviction
(a) No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless:
(1) The tenant has failed to pay the rent to which the landlord is entitled under the rental housing agreement and this Article, provided that the amount due exceeds 150% of fair market rent for the Los Angeles-Long Beach-Glendale metro area set annually by the U.S.
Department of Housing and Urban Development for an equivalent sized rental unit as that occupied by the tenant, and the written notice to the tenant terminating tenancy states the number of bedrooms in the tenant’s rental unit and 150% of the fair market rent amount for an equivalent sized rental unit.
Attachment A
Proposed Amendment Concerning Small Rental Debts (Redline) Section 1806. Eviction
(a) No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless:
(1) The tenant has failed to pay the rent to which the landlord is entitled under the rental housing agreement and this Article, provided that the amount due exceeds 150% of fair market rent for the Los Angeles-Long Beach-Glendale metro area set annually by the U.S.
Department of Housing and Urban Development for an equivalent sized rental unit as that occupied by the tenant, and the written notice to the tenant terminating tenancy states the number of bedrooms in the tenant’s rental unit and 150% of the fair market rent amount for an equivalent sized rental unit.
Attachment B
Proposed Amendment Concerning Added Household Members
Section 1806. Eviction
(a) No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless:
. . .
(2) The tenant has continued, after written notice to cease, to commit a material and substantial breach of an obligation or covenant of his or her tenancy which the landlord has not waived either expressly or impliedly through the landlord’s conduct and which the landlord is not estopped from asserting, other than the obligation to surrender possession upon proper notice. Notwithstanding any contrary provision in this Section, and notwithstanding any contrary provision in the rental housing agreement, a landlord shall not take any action to terminate a tenancy, and there shall be no grounds to take action to terminate any tenancy, based on:
(A) a tenant’s sublease of the unit if the following requirements are met:
(i) The tenant continues to reside in the rental unit.
(ii) The sublease replaces a departed tenant(s) under the rental agreement on a one-for-one basis.
(iii) The landlord has unreasonably withheld the right to sublease following written request by the tenant. If the landlord fails to respond to the tenant in writing within fourteen (14) days of receipt of the tenant’s written request, the tenant’s request shall be deemed approved by the landlord.
(B) occupancy of the rental unit by one or more additional persons in excess of the number of persons permitted by the rental housing agreement if each additional person is the spouse, domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, child, grandchild, sibling, aunt, uncle, cousin, niece, nephew, or dependent of the tenant of the owner, provided that the additional person is not prohibited from occupying the rental unit by state or federal law or by an applicable affordable housing deed restriction.
Attachment C
(C) occupancy of the rental unit by any number of persons in excess of the number of persons permitted by the rental housing agreement if the excess occupancy results from the birth, adoption, or change of legal custody of a minor child or children for whom the tenant, or the tenant’s spouse or domestic partner who has filed an Affidavit of Domestic Partnership with the City, is the parent or legal guardian, provided that the occupancy is not prohibited by state or federal law or by an applicable affordable housing deed restriction. (D) occupancy of the rental unit by one or more additional persons in excess of the number of persons permitted by the rental housing agreement and such additional person is not a family member or dependent of the tenant identified in subsection (B), if all of the following conditions are met:
(i) The tenant of the owner continues to reside in the rental unit; and
(ii) The landlord has unreasonably withheld approval of the additional occupant following written request by the tenant of the owner. If the landlord fails to respond to the tenant in writing within fourteen (14) days of receipt of the tenant’s written request for approval, the tenant’s request shall be deemed approved by the landlord.
A landlord’s denial of approval of an additional occupant shall be unreasonable if it is based on the additional
occupant’s lack of creditworthiness or financial criteria and the additional occupant will not be legally obligated to pay some or all of the rent to the landlord.
It shall not be unreasonable for a landlord to timely withhold approval of an additional occupant on the grounds that the landlord resides in the same rental unit as the tenant, that the proposed additional occupant is prohibited from
occupying the rental unit by state or federal law or by the terms of an applicable affordable housing deed restriction, or on any other legitimate grounds.
Nothing in this subsection (a)(2) shall permit occupancy in excess of any maximum allowable occupancy established by law.
Proposed Amendment Concerning Added Household Members (Redline) Section 1806. Eviction
(a) No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless:
. . .
(2) The tenant has continued, after written notice to cease, to commit a material and substantial breach of an obligation or covenant of his or her tenancy which the landlord has not waived either expressly or impliedly through the landlord’s conduct and which the landlord is not estopped from asserting, other than the obligation to surrender possession upon proper notice. Notwithstanding any contrary provision in this Section, and notwithstanding any contrary provision in the rental housing agreement, a landlord shall not take any action to terminate a tenancy, and there shall be no grounds to take action to terminate any tenancy, based on: a tenant’s sublease of the unit if the following requirements are met:
(A) a tenant’s sublease of the unit if the following requirements are met:
(i) The tenant continues to reside in the rental unit.
(ii) The sublease replaces a departed tenant(s) under the rental agreement on a one-for-one basis.
(iii) The landlord has unreasonably withheld the right to sublease following written request by the tenant. If the landlord fails to respond to the tenant in writing within fourteen (14) days of receipt of the tenant’s written request, the tenant’s request shall be deemed approved by the landlord.
(B) occupancy of the rental unit by one or more additional persons in excess of the number of persons permitted by the rental housing agreement if each additional person is the spouse, domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, child, grandchild, sibling, aunt, uncle, cousin, niece, nephew, or dependent of the tenant of the owner, provided that the additional person is not prohibited from occupying the rental unit by state or federal law or by an applicable affordable housing deed restriction.
Attachment D
(C) occupancy of the rental unit by any number of persons in excess of the number of persons permitted by the rental housing agreement if the excess occupancy results from the birth, adoption, or change of legal custody of a minor child or children for whom the tenant, or the tenant’s spouse or domestic partner who has filed an Affidavit of Domestic Partnership with the City, is the parent or legal guardian, provided that the occupancy is not prohibited by state or federal law or by an applicable affordable housing deed restriction. (D) occupancy of the rental unit by one or more additional persons in excess of the number of persons permitted by the rental housing agreement and such additional person is not a family member or dependent of the tenant identified in subsection (B), if all of the following conditions are met:
(i) The tenant of the owner continues to reside in the rental unit; and
(ii) The landlord has unreasonably withheld approval of the additional occupant following written request by the tenant of the owner. If the landlord fails to respond to the tenant in writing within fourteen (14) days of receipt of the tenant’s written request for approval, the tenant’s request shall be deemed approved by the landlord.
A landlord’s denial of approval of an additional occupant shall be unreasonable if it is based on the additional
occupant’s lack of creditworthiness or financial criteria and the additional occupant will not be legally obligated to pay some or all of the rent to the landlord.
It shall not be unreasonable for a landlord to timely withhold approval of an additional occupant on the grounds that the landlord resides in the same rental unit as the tenant, that the proposed additional occupant is prohibited from
occupying the rental unit by state or federal law or by the terms of an applicable affordable housing deed restriction, or on any other legitimate grounds.
Nothing in this subsection (a)(2) shall permit occupancy in excess of any maximum allowable occupancy established by law.
Proposed Amendment Concerning Family-Member Occupancy After Tenant Vacancy
Section 1806. Eviction
. . .
(c) Notwithstanding any contrary provision in this Section or in the rental housing agreement, if the spouse, child(ren), domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, grandchild, sibling, aunt, uncle, cousin, niece, nephew, and/or dependent of the tenant of the owner has lived in the unit for at least one year at the time the tenant vacates, the landlord is prohibited from taking any action to obtain possession of the unit from the tenant’s spouse, child(ren), domestic partner, parent, grandparent, grandchild, sibling, aunt, uncle, cousin, niece, nephew, or dependent on the ground that the covered family member is not authorized to occupy the unit, unless the reason for being unauthorized is that the family member is not qualified or authorized to occupy the rental unit under the terms of an affordable housing deed restriction.
Attachment E
Proposed Amendment Concerning Family-Member Occupancy After Tenant Vacancy (Redline)
Section 1806. Eviction
. . .
(c) Notwithstanding any contrary provision in this Section or in the rental housing agreement, if the tenant’s spouse, child(ren), and/or domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, grandchild, sibling, aunt, uncle, cousin, niece, nephew, and/or dependent of the tenant of the owner has have lived in the unit for at least one year at the time the tenant vacates due to death or incapacitation, the landlord is prohibited from taking any action to obtain possession of the unit from the tenant’s spouse, child(ren), and/or registered domestic partner, parent, grandparent, grandchild, sibling, aunt, uncle, cousin, niece, nephew, or dependent on the ground that the spouse, child(ren) and/or registered domestic partner covered family member is are not authorized to occupy the unit, unless the reason for being unauthorized is that the family member is not qualified or authorized to occupy the rental unit under the terms of an affordable housing deed restriction.
Attachment F
Proposed Amendment Concerning Affordable Housing Deed Restrictions Section 1806. Eviction
(a) No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless:
. . .
(11) The tenant does not qualify for the rental unit under the terms of an applicable affordable housing deed restriction, or is causing a violation of the affordable housing deed restriction, and the landlord seeks in good faith to recover possession of the rental unit in order to comply with the applicable affordable housing deed restriction or guidelines, provided the landlord complies with all applicable regulations. (12) The tenant of a rental unit subject to an affordable housing deed restriction has failed or refused to provide proof of income or other qualification for the rental unit, after written notice requesting such proof, where an applicable affordable housing deed restriction or applicable law requires the tenant to provide proof of income or other qualification in order to reside in the unit. (b) Any written notice as described in Subsections (a)(2), (3), (6) or (12) shall be served by the landlord a reasonable period prior to serving a notice to terminate tenancy and shall inform the tenant that a failure to cure may result in the initiation of eviction proceedings.
The Board may enact regulations regarding reasonable notice.
Attachment G
Proposed Amendment Concerning Affordable Housing Deed Restrictions (Redline) Section 1806. Eviction
(a) No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless:
. . .
(11) The tenant does not qualify for the rental unit under the terms of an applicable affordable housing deed restriction, or is causing a violation of the affordable housing deed restriction, and the landlord seeks in good faith to recover possession of the rental unit in order to comply with the applicable affordable housing deed restriction or guidelines, provided the landlord complies with all applicable regulations. (12) The tenant of a rental unit subject to an affordable housing deed restriction has failed or refused to provide proof of income or other qualification for the rental unit, after written notice requesting such proof, where an applicable affordable housing deed restriction or applicable law requires the tenant to provide proof of income or other qualification in order to reside in the unit. (b) Any written notice as described in Subsections (a)(2), (3), or (6) or (12) shall be served by the landlord a reasonable period prior to serving a notice to terminate tenancy and shall inform the tenant that a failure to cure may result in the initiation of eviction proceedings. The Board may enact regulations regarding reasonable notice.
Attachment H
Proposed Amendment Concerning Tenant Protection Act Findings Section 1822. Tenant Protection Act Finding
Whereas this Article limits the reasons for termination of a residential tenancy consistent with the provisions of California Civil Code section 1946.2; further limits the reasons for termination of a residential tenancy to a greater degree than California Civil Code section 1946.2; provides (in conjunction with implementing provisions of the Santa Monica Municipal Code) for higher relocation assistance amounts than California Civil Code section 1946.2; and provides additional tenant protections not prohibited by any other provision of law; this Article is found to be more protective than the provisions of California Civil Code section 1946.2, such that any rental unit subject to this Article is not subject to California Civil Code section 1946.2.
Attachment I
Proposed Amendment Concerning Tenant Protection Act Findings (Redline) Section 1822. Tenant Protection Act Finding
Whereas this Article limits the reasons for termination of a residential tenancy consistent with the provisions of California Civil Code section 1946.2; further limits the reasons for termination of a residential tenancy to a greater degree than California Civil Code section 1946.2; provides (in conjunction with implementing provisions of the Santa Monica Municipal Code) for higher relocation assistance amounts than California Civil Code section 1946.2; and provides additional tenant protections not prohibited by any other provision of law; this Article is found to be more protective than the provisions of California Civil Code section 1946.2, such that any rental unit subject to this Article is not subject to California Civil Code section 1946.2.
Attachment J
Attachment K – Page 1
Attachment K
Comparison of Proposed Amendments to Article XVIII of the Santa Monica Charter to Other Jurisdictions Proposed SM Amendment Similar Provisions in Other Jurisdictions (relevant excerpts)
1. Small rental debts — proposed Section 1806(a)(1)
(a) No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless:
(1) The tenant has failed to pay the rent to which the
landlord is entitled under the rental housing agreement and this Article, provided that the amount due exceeds 150% of fair market rent for the Los Angeles-Long Beach-Glendale metro area set annually by the U.S. Department of Housing and Urban Development for an equivalent sized rental unit as that occupied by the tenant, and the written notice to the tenant terminating tenancy states the number of bedrooms in the tenant’s rental unit and 150% of the fair market rent amount for an equivalent sized rental unit.
City of Los Angeles
MC § 165.03.A
… the landlord’s right to evict a tenant lawfully in possession of residential housing under this subsection is limited to defaults in payment where the amount due exceeds one month of fair market rent for the Los Angeles metro area set annually by the U.S. Department of Housing and Urban Development for an equivalent sized rental unit as that occupied by the tenant.
The written notice to the tenant required under Section 165.05 of this article shall state the number of bedrooms in the tenant’s rental unit.
County of Los Angeles
Los Angeles County Code § 8.52.090(D)(1)
…A Tenant may only be evicted for nonpayment of Rent if the Tenant's total rental debt owed exceeds a monetary threshold amount equal to two months of fair market rent for the Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area ("FMR"), set annually by the U.S.
Department of Housing and Urban Development ("HUD") for 0-4 bedroom Rental Units, dependent on the type of Rental Unit occupied by the Tenant and further outlined in the Department's procedures and guidelines and this Chapter. The written notice shall be served in accordance with California Civil Code sections 1946 through 1946.5 and California Code of Civil Procedure section 1161, and shall also state the fair market rental value of the Rental Unit and number of bedrooms in the Tenant's Fully or Partially Covered Rental Unit.
City of Berkeley
MC §13.76.130.A.1
…This subsection shall not constitute grounds where the amount of rent demanded is less than one month of fair market rent for a unit of equivalent size in the metro area OaklandFremont, CA HUD Metro FMR as determined by the U.S. Department of Housing and Urban Development for the fiscal year in which the rent is demanded.
City of Oakland
MC § 8.22.360.A.1
[No grounds for eviction]… where the amount of rent demanded is less than one (1) month of fair market rent for a unit of equivalent size in the Oakland metro area as determined by the U.S. Department of Housing and Urban Development.
Attachment K – Page 2
Proposed SM Amendment Similar Provisions in Other Jurisdictions (relevant excerpts)
2. Added family members — proposed Section
1806(a)(2)(B)
3. Minor children by birth, adoption, or legal custody — proposed Section 1806(a)(2)(C)
4. Non-family additional occupants — proposed Section
1806(a)(2)(D)
1806(a)(2): The tenant has continued, after written notice to cease, to commit a material and substantial breach of an obligation or covenant of his or her tenancy which the landlord has not waived either expressly or impliedly through the landlord’s conduct and which the landlord is not estopped from asserting, other than the obligation to surrender possession upon proper notice. Notwithstanding any contrary provision in this Section, and notwithstanding any contrary provision in the rental housing agreement, a landlord shall not take any action to terminate a tenancy, and there shall be no grounds to take action to terminate any tenancy, based on:
(B) occupancy of the rental unit by one or more additional persons in excess of the number of persons permitted by the rental housing agreement if each additional person is the spouse, domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, child, grandchild, sibling, aunt, uncle, cousin, niece, nephew, or dependent of the tenant of the owner, provided that the additional person is not prohibited from occupying the rental unit by state or federal law or by an applicable affordable housing deed restriction.
(C) occupancy of the rental unit by any number of persons in excess of the number of persons permitted by the rental housing agreement if the excess occupancy results from
the birth, adoption, or change of legal custody of a minor child or children for whom the tenant, or the tenant’s
spouse or domestic partner who has filed an Affidavit of Domestic Partnership with the City, is the parent or legal guardian, provided that the occupancy is not prohibited by state or federal law or by an applicable affordable housing deed restriction.
(D) occupancy of the rental unit by one or more additional persons in excess of the number of persons permitted by the rental housing agreement and such additional person is City of Pasadena
Pasadena City Charter, Article XVIII § 1806(B)
…a Landlord shall not endeavor to recover possession of a Rental Unit as a result of the addition to the Rental Unit of a Tenant's child, parent, grandchild, grandparent, brother or sister, other dependent relative, or the spouse or domestic partner (as defined in California Family Code Section 297) of such relatives, or as a result of the addition of the spouse or domestic partner of a Tenant, or as a result of the addition of the sole additional adult tenant, so long as the number of occupants does not exceed the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code as incorporated by California Health & Safety Code 17922.
City of East Palo Alto
MC § 14.04.160.A.B.2.ii(2)
The obligation to limit occupancy when the additional tenant who joins the occupants is: (A) a dependent child who joins the existing tenancy of a tenant of record or the sole adult tenant; or (B) the spouse, domestic partner, parents, children, brother or sister of the tenant of record, as long as the number of tenants in the unit does not exceed that permitted by the Uniform Housing Code. The landlord has the right to approve or disapprove a prospective additional tenant who is not a dependent child or the spouse, domestic partner, parents, children, brother or sister of the tenant of record, provided that the approval is not unreasonably withheld.
City of Oakland
MC § 8.22.360.A.2.b (relevant excerpt … note that Oakland does not specify family relationships, but governs additional occupants, generally) [No eviction if]…if the landlord has unreasonably refused a written request by the tenant to add [additional] occupant(s) to the unit, so long as the maximum number of occupants does not exceed the lesser of the amounts allowed by this Subsection 8.22.360 A.2.b. …landlord's reasonable refusal of the tenant's written request may be based on, but is not limited to, the ground that the landlord resides in the same unit as the tenant or the ground that the total number of occupants in a unit exceeds (or with the proposed additional occupant(s) would exceed) the maximum number permitted in the unit under state law and/or other local codes such as the Building, Fire, Housing and Planning Codes.
City of San Francisco
MC § 37.9.(a)(1)(F)(2)(B)
(relevant excerpt…note that the code sets forth maximum number of occupant limits in greater detail, similar to the CAO’s first proposal to the Board, those provisions not included here)
…[A] landlord shall not endeavor to recover possession of a rental unit as a result of the addition to the unit of a tenant's child, parent, grandchild, grandparent, brother or sister, or the spouse or domestic partner (as defined in Administrative Code Sections 62.1 through
62.8) of such relatives, or as a result of the addition of the spouse or domestic partner of a tenant, so long as the maximum number of occupants stated in Section 37.9(a)(2)(B)(i) and (ii) is not exceeded, if the landlord has unreasonably refused a written request by the tenant to add such occupant(s) to the unit.
Attachment K – Page 3
Proposed SM Amendment Similar Provisions in Other Jurisdictions (relevant excerpts) not a family member or dependent of the tenant identified in subsection (B), if all of the following conditions are met:
(i) The tenant of the owner continues to reside in the
rental unit; and
(ii) The landlord has unreasonably withheld approval of the additional occupant following written request by the tenant of the owner. If the landlord fails to respond to the tenant in writing within fourteen (14) days of receipt of the tenant’s written request for approval, the tenant’s request shall be deemed approved by the landlord.
A landlord’s denial of approval of an additional occupant shall be unreasonable if it is based on the additional
occupant’s lack of creditworthiness or financial criteria and the additional occupant will not be legally obligated to pay some or all of the rent to the landlord.
It shall not be unreasonable for a landlord to timely
withhold approval of an additional occupant on the
grounds that the landlord resides in the same rental unit as the tenant, that the proposed additional occupant is prohibited from occupying the rental unit by state or
federal law or by the terms of an applicable affordable housing deed restriction, or on any other legitimate
grounds.
Nothing in this subsection (a)(2) shall permit occupancy in excess of any maximum allowable occupancy established by law.
City of West Hollywood
MC § 17.52.010.2(c) & (d)
[No eviction based on…]
(c) Occupancy of the rental unit by one additional person in excess of the number of persons permitted by the rental agreement, if the additional person is the spouse, registered domestic partner, brother, sister, parent, grandparent, or non-dependent child or grandchild (by blood or adoption);
(d) In addition to any occupancy permitted under subsection (c), occupancy of the rental unit by any number of persons in excess of the number of persons permitted by the rental agreement, if the excess occupancy results from the birth, adoption, or change of legal custody of a minor child or children whom the tenant or head of household or his or her spouse or registered domestic partner is the parent or legal guardian. This subsection does not permit occupancy by a number of persons in a rental unit in excess of any maximum allowable occupancy established by the City's Housing Code…
5. Family-member occupancy after tenant vacancy —
proposed Section 1806(c)
(c) Notwithstanding any contrary provision in this Section or in the rental housing agreement, if the spouse, child(ren), domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, grandchild, sibling, aunt, uncle, cousin, niece, nephew, and/or dependent of the tenant of the owner has lived in the unit for at least one year at the time the tenant vacates, the landlord is prohibited from taking any action to obtain possession of the unit from the tenant’s spouse, child(ren), domestic partner, parent,
grandparent, grandchild, sibling, aunt, uncle, cousin, niece, nephew, or dependent on the ground that the covered family City of West Hollywood
MC § 17.52.010.3
Surviving Tenant. If the original tenant vacates the unit, an additional person who has occupied the unit pursuant to subsection (2) of this section [see above regarding occupancy] shall not be protected from eviction under this section unless the additional person lived in the unit with the tenant for at least one year and the tenant has died or become incapacitated. An individual added for medical purposes pursuant to subdivision (2)(e) of this section shall not be protected from eviction under this section.
Attachment K – Page 4
Proposed SM Amendment Similar Provisions in Other Jurisdictions (relevant excerpts) member is not authorized to occupy the unit, unless the reason for being unauthorized is that the family member is not qualified or authorized to occupy the rental unit under the terms of an affordable housing deed restriction.
6. Affordable housing deed-restriction compliance —
proposed Sections 1806(a)(11), 1806(a)(12), and 1806(b) (a) No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless:
(11) The tenant does not qualify for the rental unit under the terms of an applicable affordable housing deed restriction, or is causing a violation of the affordable housing deed restriction, and the landlord seeks in good faith to recover possession of the rental unit in order to comply with the applicable affordable housing deed restriction or guidelines, provided the landlord complies with all applicable
regulations.
(12) The tenant of a rental unit subject to an affordable housing deed restriction has failed or refused to provide proof of income or other qualification for the rental unit, after written notice requesting such proof, where an
applicable affordable housing deed restriction or applicable law requires the tenant to provide proof of income or other qualification in order to reside in the unit.
(b) Any written notice as described in Subsections (a)(2), (3), (6) or (12) shall be served by the landlord a reasonable period prior to serving a notice to terminate tenancy and shall inform the tenant that a failure to cure may result in the initiation of eviction proceedings. The Board may enact regulations
regarding reasonable notice.
City of West Hollywood
MC § 17.52.010.17
West Hollywood permits termination of tenancy in an inclusionary housing unit when the tenant’s income exceeds the City-determined maximum allowable income by more than 50% for at least two consecutive years, with the landlord relying on the tenant’s required income affidavit to determine income.
7. Tenant Protection Act finding — proposed Section 1822 / Article XXIII Section 2310 analogue
The proposed provision is intended to support continued application of Santa Monica’s local just-cause eviction framework by stating that Article XVIII is more protective than Civil Code section 1946.2.