1 City Council Meeting: July 14, 2026 Santa Monica, California RESOLUTION NUMBER 11785 (CCS)
City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
SUBMITTING TO THE VOTERS A MEASURE TO AMEND ARTICLES XVIII AND XXIII
OF THE CITY CHARTER TO REVISE REQUIREMENTS FOR OWNERS TO EVICT
TENANTS FOR BREACH OF A RENTAL AGREEMENT BASED ON THE ADDITION
OF NEW OCCUPANTS, REVISE PROTECTIONS FOR CERTAIN OCCUPANTS
REMAINING IN A RENTAL UNIT AFTER THE ORIGINAL TENANT VACATES,
EXPAND JUST CAUSE EVICTION PROTECTIONS TO SINGLE-UNIT DWELLINGS,
AND MODIFY REQUIREMENTS FOR GOOD FAITH OWNER MOVE IN EVICTIONS
FROM NON-RENT CONTROLLED RENTAL UNITS
WHEREAS, the City’s Rental Control Law (Article XVIII of the City Charter, also referenced as “RCCA”) and the City’s Housing Policies Law (Article XXIII of the City Charter, also referenced as “HPCA”) prohibit evictions of tenants except as enumerated in the law, generally excluding only tenants renting single-unit dwellings and condominiums; and
WHEREAS, landlords generally may evict tenants for substantial violations of rental agreements, except as limited by the RCCA and HPCA; and WHEREAS, the RCCA and the HCPA currently do not permit evictions for violations of provisions of rental housing agreements prohibiting subleasing, if specified conditions are met, including that the new occupant replaces a departed subtenant on a one-for-one basis (“the roommate replacement right”); and WHEREAS, even where a rental housing unit has bedrooms or space for additional occupants, existing law may permit eviction of a tenant for allowing family or other household members to move into the unit, if prohibited by the written lease agreement; and
WHEREAS, fair housing law may require landlords to allow tenants to live with 2 spouses, domestic partners, and minor children, but may not always or unambiguously require landlords to allow tenants to live with other family members or household members; and
WHEREAS, protecting tenants from eviction for living with family and household members within lawful and safe maximum occupancy limits would reduce homelessness and rent burden and keep families and households together without altering the character of Santa Monica’s residential neighborhoods; and
WHEREAS, studies show that housing stability leads to better education, health, and economic outcomes for adults and children; and
WHEREAS, even where tenants may be able to afford higher rent, they may struggle to afford “first, last, and deposit” as well as moving expenses necessary to move into a new rental unit; and
WHEREAS, the death, incapacitation, departure of or separation from a family or household member may further limit tenants’ capacity to find and qualify for a new residence, as well as to afford “first, last, and deposit” payment and moving expenses to move to a new residence; and
WHEREAS, protecting family and household members who lawfully reside in a unit from being evicted after a tenant vacates would promote housing stability and prevent homelessness; and
WHEREAS, the HPCA permits owners to evict tenants based on the owner’s good faith intent to occupy the unit or have a qualified family member occupy the unit, subject to certain limitations to ensure tenants are not unfairly displaced for this reason; and WHEREAS, Article XVIII, Section 1806(a)(8) was amended by Measure RC in 2022 to further regulate owner move in evictions from rent controlled rental units to ensure 3 that owner move in evictions are not used to circumvent just cause requirements, but the same amendments were not made to Article XXIII, Section 2304(a)(8); and WHEREAS, owners of single-unit dwellings are significantly more likely to evict tenants for owner-occupancy than owners of multi-family properties; and WHEREAS, the Santa Monica Rent Control Board (the “Board”) has heard input from the public on the feasibility and desirability of the additions and amendments to the RCCA discussed herein; and
WHEREAS, in light of the foregoing recitals, the Board has recommended the City Charter be amended to modify Article XVIII as set forth in the transmittal letter dated June 29, 2026 and attached hereto as Exhibit 1; and
WHEREAS, the City Council has considered and approved the Board’s recommendation because these amendments are in the public interest as they would strengthen tenant protections from unnecessary displacements; and WHEREAS, after consideration of the Board’s recommendation, the City Council desires the City Charter be amended at both Article XVIII and Article XXIII to maintain consistency of “just cause” for eviction protections that apply to both controlled and noncontrolled rental units in the City; and WHEREAS, in addition to the amendments recommended by the Board and parallel corresponding amendments that would align the HPCA with the RCCA so that the same just cause protections would apply to controlled and non-controlled units, the City Council has considered expanding the HPCA to extend just cause for eviction protections to cover single-unit dwellings and condominiums; and WHEREAS, there are a growing and significant number of single-unit dwellings and condominiums being used for residential rentals in the City; and 4 WHEREAS, other jurisdictions, including the City of Los Angeles, County of Los Angeles, Culver City, Beverly Hills, West Hollywood, Pasadena, Berkeley, San Francisco, Oakland, and East Palo Alto currently extend just cause for eviction protections to singleunit dwellings and condominiums, making Santa Monica an outlier with respect to comparable jurisdictions with robust tenant protections; and WHEREAS, tenants of single family homes are more likely to be evicted for owner move in than tenants in multi-unit dwellings; and
WHEREAS, to ensure tenants of non-rent controlled units have adequate protection against bad faith owner move in evictions, it is necessary to amend the HPCA to align with the 2022 amendments of the RCCA with respect to owner move-in evictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. At the General Municipal Election called for November 3, 2026, the following measure shall be submitted to the qualified electors of the City of Santa Monica:
MEASURE " ": Shall the City Charter be amended to
prohibit evictions when additional occupants move
into a unit, subject to legal limits; prohibit evictions of lawful occupants who remain after a tenant vacates;
extend existing eviction protections to tenants renting single-unit dwellings and condominiums; and require
for owner occupancy evictions from non-rent
controlled units, that the owner occupy the unit within 60 days after the tenant vacates and for at least 2
years thereafter?
Yes ________
No ________
SECTION 2. That the City Clerk shall file a certified copy of this resolution with the Board of Supervisors and with the county election department of the County of Los Angeles.
SECTION 3. That the City of Santa Monica recognizes additional costs may be 5 incurred by the County by reason of the addition of this measure to the ballot and agrees to reimburse the County for any additional costs.
SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with applicable law, a copy of the proposed measure. The City Attorney shall prepare an impartial analysis of the measure, which shall not exceed 500 words in length. The impartial analysis for each measure shall be filed by the date set by the City Clerk for the filing of primary arguments. In accordance with applicable law, not less than 10 calendar days before the City Clerk submits the official election materials for printing, the City Clerk shall make a copy of all applicable elections materials available for public examination in the City Clerk’s office.
SECTION 5. The City Council authorizes its members, as follows, to file written arguments for or against the measure described above and which is contained in Exhibit 2 to this Resolution, which Exhibit is incorporated by reference herein:
FOR: Councilmember Raskin
AGAINST:_______________
All written arguments filed by any person in favor of or against the measure, including any rebuttal arguments, shall be accompanied by the names and signatures of the persons submitting the argument as required by applicable law, and any names, signatures, and arguments may be filed until the time and date fixed by the City Clerk in accordance with applicable law, after which no change may be submitted to the City Clerk unless permitted by law.
SECTION 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit 2, together with the City Attorney impartial analysis, and any arguments for or against the measure, as well as any rebuttals, to be mailed to all qualified voters with the sample ballots. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not more than sixty ( 60) days before the General Municipal Election, shall cause the text of the measure to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election.
SECTION 7. The provisions of Resolution Numbers 11763 and 11764 are referred to and incorporated into this resolution for more particulars concerning the conduct of General Municipal Election to be held on November 3, 2026, and in all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
HE VON TONGELN
City Attorney
6 EXHIBIT 1
Rent Control Board
1685 Main Street, Rm. 202
Santa Monica, CA 90401
Phone: 310-458-8751
June 29, 2026
Mayor Caroline Torosis and Members of the City Council
1685 Main Street, Room 209
Santa Monica, CA 90401
Re: Proposed Charter Amendments Concerning Tenant- Protection and Related Just-Cause Eviction Provisions
Dear Mayor and Councilmembers,
At its June 25, 2026 meeting, following a public hearing, the Santa Monica Rent Control Board voted to recommend that the City Council place proposed amendments to Article XVIII of the City Charter before the voters at the November 2026 general election.
The proposed amendments would:
1. Establish a small-rental- debt threshold, based on the average of HUD Small Area Fair Market Rents for equivalent- sized units in residential ZIP Codes located wholly or partially within the City, before nonpayment of rent may serve as a basis to terminate a rent-controlled tenancy;
2. Expand and clarify protections against termination of tenancy based on the addition of certain family members, dependents, minor children, and non-family household members, subject to applicable law, affordable- housing deed restrictions, notice and approval requirements, and lawful occupancy limits;
3. Protect certain covered occupants who have resided in a rental unit for at least one year from being displaced solely because the tenant of the owner vacates;
4. Add just-cause grounds and related notice provisions to address compliance with applicable affordable housing deed restrictions; and
5. Add a finding that Article XVIII is more protective than California Civil Code section 1946. 2, in order to support continued application of the City’s local just-cause framework to rent-controlled units.
The Board believes these amendments are in the public interest because they would strengthen tenant stability, reduce displacement based on relatively small rental debts or reasonable household changes, preserve protections for long-term occupants in appropriate circumstances, and support consistent enforcement of affordable housing eligibility requirements while maintaining safeguards for landlords, deed-restricted housing, and lawful occupancy limits.
Attachment A contains the clean Board- recommended proposed Charter amendment language.
Attachment B contains a redline showing the proposed changes to current Article XVIII through strikeout and underline formatting. These attachments incorporate the revisions approved for recommendation by the Board at the June 25 public hearing and should be treated as the Board’ s recommended language.
The Board understands that final ballot structure and final measure language remain subject to City Attorney review and City Council consideration.
If there is anything the Board or staff can do to assist the Council in its consideration of these proposals, please let me know.
Sincerely,
Jonathan Holub, Executive Director
cc: Oliver Chi, City Manager
Heidi Von Tongeln, City Attorney
Romy Ganschow, Chief Deputy City Attorney
Jonathan Erwin- Frank, Deputy City Attorney
Denise Anderson- Warren, City Clerk
Kevin Mitchell, General Counsel
Rent Control Board Commissioners
ATTACHMENT A
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 the average of the Small Area Fair Market Rents set annually by the U.S. Department of Housing and Urban Development for equivalent sized rental units in the residential ZIP Codes located wholly or partially within the City of Santa Monica, and the written notice to the tenant terminating tenancy states the number of bedrooms in the tenant’s rental unit and the applicable average Small Area Fair Market Rent amount for an equivalent sized rental unit.
ATTACHMENT A
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 the tenant of the owner has continuously resided in the rental unit for at least one year before the additional person begins residing in the rental unit, and each additional person is the spouse, domestic partner who has led an Affidavit of Domestic Partnership with the City, parent, grandparent, child, grandchild, sibling, dependent of the tenant of the owner, or minor dependent of any additional person listed in this section, provided that the additional
ATTACHMENT A
person is not prohibited from occupying the rental unit by state or federal law or by an applicable affordable housing deed restriction.
The tenant of the owner shall give written notice to the landlord within fourteen (14) days after the additional person begins residing in the rental unit, and stating that the additional person is a family member or dependent covered by this subparagraph.
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 led 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 intends to create a household with the tenant of the owner notwithstanding the fact that the additional person is not a family member or dependent of the tenant identied in subsection (B), if all of the following conditions are met:
i) The tenant of the owner has continuously resided in the rental unit for at least one year before the additional person begins residing in the rental unit and 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 nancial criteria and the additional occupant will not be legally obligated to pay some or all of the rent to the landlord.
ATTACHMENT A
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.
ATTACHMENT A
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 a covered occupant has lived in the rental unit for at least one year at the time the tenant of the owner vacates, the landlord is prohibited from taking any action to obtain possession of the rental unit from the covered occupant on the ground that the covered occupant is not authorized to occupy the rental unit, unless the reason for being unauthorized is that the covered occupant is not qualied or authorized to occupy the rental unit under the terms of an applicable affordable housing deed restriction.
For purposes of this subsection, “covered occupant” means any remaining occupant of the rental unit who is a dependent of the tenant of the owner, was authorized to reside in the rental unit under subsection (a)(2)(B) or (D), was otherwise authorized to reside in the rental unit by law, or is the minor dependent of any such person.
ATTACHMENT A
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 qualication 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 qualication 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 A
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 B
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 the average of the Small Area Fair Market Rents set annually by the U.S. Department of Housing and Urban Development for equivalent sized rental units in the residential ZIP Codes located wholly or partially within the City of Santa Monica, and the written notice to the tenant terminating tenancy states the number of bedrooms in the tenant’s rental unit and the applicable average Small Area 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 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 the tenant of the owner has continuously resided in the rental unit for at least one year before the additional person begins residing in the rental unit, and each additional person is the spouse, domestic partner who has led an Affidavit of Domestic Partnership with the City, parent, grandparent, child, grandchild, sibling, dependent of the tenant of the owner, or minor dependent of any
ATTACHMENT B
additional person listed in this section, 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.
The tenant of the owner shall give written notice to the landlord within fourteen (14) days after the additional person begins residing in the rental unit, and stating that the additional person is a family member or dependent covered by this subparagraph.
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 led 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 intends to create a household with the tenant of the owner notwithstanding the fact that the additional person is not a family member or dependent of the tenant identied in subsection (B), if all of the following conditions are met:
i) The tenant of the owner has continuously resided in the rental unit for at least one year before the additional person begins residing in the rental unit and 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
nancial criteria and the additional occupant will not be
ATTACHMENT B
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.
ATTACHMENT B
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 tenant’s spouse, child(ren), and/or domestic partner who has led an Affidavit of Domestic Partnership with the City a covered occupant have has lived in the rental unit for at least one year at the time the tenant of the owner vacates the unit due to death or incapacitation, the landlord is prohibited from taking any action to obtain possession of the rental unit from the tenant’s spouse, child(ren), and/or registered domestic partner covered occupant on the ground that the spouse, child(ren) and/or registered domestic partner covered occupant are is not authorized to occupy the rental unit, unless the reason for being unauthorized is that the covered occupant is not qualied or authorized to occupy the rental unit under the terms of an applicable affordable housing deed restriction.
For purposes of this subsection, “covered occupant” means any remaining occupant of the rental unit who is a dependent of the tenant of the owner, was authorized to reside in the rental unit under subsection (a)(2)(B) or (D), was otherwise authorized to reside in the rental unit by law, or is the minor dependent of any such person.
ATTACHMENT B
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 qualication 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 qualication 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 B
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.
24 Exhibit 2
Section 1806(a)(2) of Article XVIII of the City Charter shall be amended to read as follows:
1806 Evictions.
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 except on one of the following grounds:
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 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 25 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 the tenant of the owner has continuously resided in the rental unit for at least one year before the additional person begins residing in the rental unit, and each additional person is the spouse, domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, child, grandchild, sibling, dependent of the tenant of the owner, or minor dependent of any additional person listed in this section, 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. The tenant of the owner shall give written notice to the landlord within fourteen (14) days after the additional person begins residing in the rental unit or within fourteen (14) days of a written request by the owner. The written notice shall state the name of the additional person and that the additional person is a family member or dependent covered by this subparagraph. A landlord shall not take any action to terminate any tenancy, and there shall be no grounds to take action to terminate any tenancy under this subsection on the basis that the tenant did not provide written notice to the landlord within fourteen (14) days after the additional person began residing in the rental unit, unless the landlord has made a written request for the name and relation of the additional person and the tenant has unreasonably failed to respond within fourteen (14) days.
C) Occupancy of the rental unit by any number of persons in excess of 26 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 if the tenant of the owner and such additional person intend to create a single household together, notwithstanding the fact that the additional person is not a family member or dependent of the tenant identified in subsection (B), and if all of the following conditions are met:
i) The tenant of the owner has continuously resided in the rental unit for at least one year before the additional person begins residing in the rental unit and 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 27 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.
Section 1806(c) of Article XVIII of the City Charter shall be amended to read as follows:
1806 Evictions.
c) Notwithstanding any contrary provision in this Section or in the rental housing agreement, if a covered occupant the tenant’s spouse, child(ren), and/or domestic partner who has filed an Affidavit of Domestic Partnership with the City have has lived in the unit for at least one year at the time the tenant of the owner vacates the unit due to death or incapacitation, the landlord is prohibited from taking any action to obtain possession of the unit from the covered occupant tenant’s spouse, child(ren), and/or registered domestic partner on the ground that the covered occupant is spouse, child(ren) and/or registered domestic partner are not authorized to occupy the rental unit, unless the reason for being unauthorized is that the covered occupant is not qualified or authorized to occupy the rental unit under the terms of an applicable affordable housing 28 deed restriction.
For purposes of this subsection, “covered occupant” means any remaining occupant of the rental unit who is a dependent of the tenant of the owner, was authorized to reside in the rental unit under subsection (a)(2)(B), (C), or (D), was otherwise authorized to reside in the rental unit by law, or is the minor dependent of any such person.
Section 2302(a) and (h) of Article XXIII of the City Charter shall be amended to read as follows:
2302 Definitions.
The following words or phrases as used in this Article shall have the following meanings:
a) Nonrentcontrolled rental units.
All residential rental units in the City of Santa Monica except those units that are subject to rent control pursuant to Article XVIII of this Charter or are single-family homes. h) Single-family home.
A property that has been developed with only one dwelling and any lawful accessory structures, or a lawfully created condominium, stock cooperative or similar unit that is part of a larger residential structure or complex.
Section 2304(a)(2) of Article XXIII of the City Charter shall be amended to read as follows:
2304 Just cause eviction—Notices to cease.
29 a) No landlord shall take action to terminate a tenancy in a nonrentcontrolled rental unit 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 the unit except on one of the following grounds:
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 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 30 excess of the number of persons permitted by the rental housing agreement if the tenant of the owner has continuously resided in the rental unit for at least one year before the additional person begins residing in the rental unit, and each additional person is the spouse, domestic partner who has filed an Affidavit of Domestic Partnership with the City, parent, grandparent, child, grandchild, sibling, dependent of the tenant of the owner, or minor dependent of any additional person listed in this section, 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. The tenant of the owner shall give written notice to the landlord within fourteen (14) days after the additional person begins residing in the rental unit or within fourteen (14) days of a written request by the owner. The written notice shall state the name of the additional person and that the additional person is a family member or dependent covered by this subparagraph. A landlord shall not take any action to terminate any tenancy, and there shall be no grounds to take action to terminate any tenancy under this subsection on the basis that the tenant did not provide written notice to the landlord within fourteen (14) days after the additional person began residing in the rental unit, unless the landlord has made a written request for the name and relation of the additional person and the tenant has unreasonably failed to respond within fourteen (14) days.
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 31 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 if the tenant of the owner and such additional person intend to create a single household together, notwithstanding the fact that the additional person is not a family member or dependent of the tenant identified in subsection (B), and if all of the following conditions are met:
i) The tenant of the owner has continuously resided in the rental unit for at least one year before the additional person begins residing in the rental unit and 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, 32 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.
Section 2304(a)(8)(iv) and 2304(a)(8)(v) of Article XXIII of the City Charter shall be amended to read as follows:
2304 Just cause eviction—Notices to cease.
a) No landlord shall take action to terminate any tenancy in a noncontrolled rental unit 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 except on one of the following grounds:
8) The landlord seeks to recover possession in good faith for use and occupancy by herself or himself, or her or his children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. For purposes of evictions under this Subsection:
iv) The landlord or enumerated relative must intend in good faith to move into the unit within thirty (30) sixty (60) days after the tenant vacates and to occupy the unit as a primary residence for at least one year two years, unless 33 extenuating circumstances exist. The City may adopt regulations governing the determination of good faith.
v) If the landlord or relative specified on the notice terminating tenancy fails to occupy the unit within thirty (30) sixty (60) days after the tenant vacates or fails to occupy the unit as a primary residence for at least two years, unless extenuating circumstances exist, the landlord shall:
A. Offer the unit to the tenant who vacated it.
B. Pay to said tenant all reasonable expenses incurred in moving to and/or from the unit.
Section 2304(c) of Article XXIII of the City Charter shall be amended to read as follows:
2304 Just cause eviction—Notices to cease.
c) Notwithstanding any contrary provision in this Section or in the rental housing agreement, if a covered occupant the tenant’s spouse, child(ren), and/or domestic partner who has filed an Affidavit of Domestic Partnership with the City have has lived in the unit for at least one year at the time the tenant of the owner vacates the unit due to death or incapacitation, the landlord is prohibited from taking any action to obtain possession of the unit from the covered occupant tenant’s spouse, child(ren), and/or registered domestic partner on the ground that the covered occupant is spouse, child(ren) and/or registered domestic partner are not authorized to occupy the rental unit, unless the reason for being unauthorized is that the covered occupant is not qualified or authorized to occupy the rental unit under the terms of an applicable affordable housing deed restriction.
34 For purposes of this subsection, “covered occupant” means any remaining occupant of the rental unit who is a dependent of the tenant of the owner, was authorized to reside in the rental unit under subsection (a)(2)(B), (C), or (D), was otherwise authorized to reside in the rental unit by law, or is the minor dependent of any such person.
Adopted and approved this 14th day of July, 2026.
Caroline Torosis, Mayor
I, Denise Anderson -Warren, Interim City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11785 ( CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 14th day of July, 2026, by the following vote:
AYES: Councilmembers Zernitskaya, Raskin, Hall,
Mayor Torosis
NOES: Councilmembers Snell, Negrete
ABSENT: Mayor Pro Tem Zwick
ATTEST:
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Denise Anderson -Warren, nterim City Clerk