ORDINANCE NUMBER 1159
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTOPOL ADDING CHAPTER 9.36,
JUST CAUSE EVICTION AND TENANT RELOCAITON, TO THE SEBASTOPOL MUNCIPAL CODE REGARDING
REGULATED UNITS
WHEREAS, secure and stable shelter is a basic necessity of life; and WHEREAS, displacement through eviction destabilizes the living situation of tenants, and impacts the health of City residents and businesses by disrupting the social ties and networks that are integral to citizens' welfare and the stability of communities within the City; and WHEREAS, displacement through eviction creates an undue hardship for tenants through additional relocation costs and the increased risk of homelessness; and WHEREAS, displacement through eviction can create undue hardship when tenants are evicted through no fault of their own; and
WHEREAS, housing instability threatens the public peace, health, and safety as eviction from one’s home can lead to prolonged homelessness; strain on household finances due to the necessity of paying rental application fees and security deposits; and stress and anxiety experienced by those displaced; and WHEREAS, the State of California has recognized the importance of regulating the ability of landlords to terminate tenancies, and previously enacted the Tenant Protection Act of 2019 which, among other things, requires landlords to have just cause to terminate a tenancy, and pay relocation assistance when landlords terminate the tenancies for no-fault just cause; and WHEREAS, the Tenant Protection Act of 2019 provides important baseline protections for many tenants, but does not apply to tenants living in rental units restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing (“Regulated Units”); and
WHEREAS, residents living in Regulated Units are very low, low, or moderate income. In Sebastopol, many Regulated Units are also reserved for seniors; and WHEREAS, residential rents have increased dramatically in Sonoma County over the last ten years and there are a shortage of Regulated Units; and
WHEREAS, the City’s adopted Housing Element and numerous laws recently adopted by the Legislature recognizes the shortage of Regulated Units in the Sebastopol and California respectively; and WHEREAS, because of the shortage of Regulated Units, when a tenant is displaced from a Regulated Unit it is very difficult for the tenant to find a new Regulated unit. If the tenant is not able to find a Regulated Unit, the tenant risks becoming homeless or having to move into a market rate unit where they will be extremely rent burdened and unable to afford other necessities; and Docusign Envelope ID: 72F83BFB-4582-4A4C-B8A9-108F3118A3D9 WHEREAS, when a tenant is displaced, they will face significant moving expenses, as well as costs associated with finding new housing, such as security deposits. These costs create a greater burden on tenants living in Regulated Units, all of whom have limited incomes; and WHEREAS, when a tenant is displaced through no fault of their own, the landlord should assist the tenant with these costs; and
WHEREAS, for these reasons, the residents of the Regulated Units in the City are disproportionately and severely impacted by displacement; and
WHEREAS, the City Council finds that the reasonable regulation of tenancy terminations in Regulated Units is necessary to protect the health, safety, and the general welfare of the public; and WHEREAS, the City Council desires to extend the protections of the Tenant Protection Act of 2019 to certain Regulated Units, to apply those protections from the first day of tenancy, and to require greater relocation assistance for those tenants of Regulated Units displaced for a no-fault, just cause; and WHEREAS, the City recognizes that the owners of Regulated Units often face many administrative and financial challenges for a variety of reasons, including the below-market rents they charge; and WHEREAS, the City believes it is appropriate to apply the protections in the proposed ordinance only to projects with at least forty (40) units; and
WHEREAS, larger complexes have greater administrative capacity and resources, including revenue, and therefore are less likely to suffer significant hardship when complying with the requirements of the Ordinance; and
WHEREAS, the City Council finds that the reasonable regulation of tenancy terminations in Regulated Units is necessary to protect the health, safety, and the general welfare of the public; and WHEREAS, this Ordinance is intended to promote stability and fairness within Regulated Units in the City during a period of extreme shortage of Regulated Units thereby serving the public peace, health, safety, and public welfare and to increase housing stability for very low-, low-, and moderate-income tenants occupying certain Regulated Units in the City; and
WHEREAS, an urgency ordinance that is effective immediately is necessary to avoid the immediate threat to public peace, health, and safety, as failure to adopt this Urgency Ordinance could result in the avoidable displacement and the related negative economic, health, and welfare impacts on the City’s residents and community members; and
WHEREAS, the City Council desires for the proposed ordinance to expire in approximately one (1) year; and
WHEREAS, the City Council may choose to extend the ordinance or adopt modified regulations after (1) year if the conditions at the time so warrant; and
WHEREAS, the California Constitution, Article XI, Section 7, provides cities with authority to enact ordinances to protect the health, safety, welfare and morals of their citizens, and the proposed ordinance is a permissible exercise of this authority.
Docusign Envelope ID: 72F83BFB-4582-4A4C-B8A9-108F3118A3D9 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEBASTOPOL DOES ORDAIN AS FOLLOWS:
1. Recitals. The above Recitals are true and correct and are made a part of this Ordinance.
2. Urgency Findings. The City Council of the City of Sebastopol hereby finds that there is a current and immediate threat to the public health, safety, and/or welfare and a need for immediate preservation of the public peace, health, or safety that warrants this urgency ordinance, which finding is based upon the facts stated in the Recitals above, and in the Staff Report dated November 4, 2025, as well as any oral and written testimony at the November 4, 2025 City Council meeting. The adoption and implementation of this Ordinance is an urgency measure necessary for the immediate preservation and protection of the public peace, health, and safety as detailed above, and as this Ordinance is an emergency response measure aimed at preventing displacement of the residents of certain Regulated Units, all of whom have limited incomes and many of whom are seniors. The facts constituting such urgency are all of those certain facts set forth and referenced in this Ordinance and the entirety of the record before the City Council.
3. Municipal Code Amendment. Chapter 9.36, Just Cause Eviction and Tenant Relocation, is hereby added to the Sebastopol Municipal Code to read as shown in Exhibit A, attached hereto and incorporated herein.
4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed the Ordinance, and each and every section, subsection, sentence, clause, phrase or portion not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional.
5. CEQA. The Sebastopol City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines. This ordinance establishes requirements for the termination of certain tenancies, and does not authorize any new development or use. It can be seen with certainty that the the ordinance has no potential for causing a significant effect on the environment.
6. Effective Date and Publication. Following adoption by at least a four-fifths (4/5) vote of the City Council, this Ordinance shall be effective immediately upon adoption pursuant to Government Code Section 36937(b). The City Clerk shall certify as to the adoption of this Urgency Ordinance and shall cause it to be published within fifteen (15) days of the adoption and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933.
Adopted at the Regular City Council Meeting of November 4, 2025.
VOTE:
Ayes: Councilmembers Carter, Maurer, Vice Mayor McLewis and Mayor Zollman Noes: None
Absent: Councilmember Hinton
Docusign Envelope ID: 72F83BFB-4582-4A4C-B8A9-108F3118A3D9 Abstain: None
APPROVED:
__________________________________
Mayor Stephen Zollman
ATTEST: ________________________________________________ Mary Gourley, Interim City Manager/City Clerk, MMC
APPROVED AS TO FORM: ______________________________________ Alex Mog, City Attorney
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EXHIBIT A
CHAPTER 9.36
JUST CAUSE EVICTION AND TENANT RELOCAITON.
9.36.010 Purpose & Findings
9.36.020 Definitions
9.36.030 Incorporation of the Act
9.36.040 Just Cause Eviction Protections for Regulated Units
9.36.050 Relocation Benefits
9.36.060 Application of Federal Law
9.36.070 Remedies & Enforcement
9.36.080 Expiration
9.36.010 Purpose & Findings
A. The purpose of this Chapter is protect the most vulnerable tenants in Sebastopol from arbitrary evictions by extending the protection of the Act to Regulated Units, regardless of date of construction, and commencing upon the first day of a lawful tenancy. This Chapter is also intended to recognize the challenges of owning and managing Regulated Units by limiting its application to large projects, which have the capacity to absorb the administrative and financial restrictions imposed herein. This Chapter is intended to provide tenant protections in addition to those in the Act.
B. This chapter is more protective than the Act in accordance with Civil Code Section 1946.2(i)(1)(B) because: 1) the just cause for termination of a residential tenancy under this Chapter is consistent with the Act, and 2) this Chapter provides for increased relocation assistance in certain circumstances as compared to the Act and provides additional tenant protections that are not prohibited by any other provision of law.
9.36.020 Definitions
A. “Act” means Civil Code Section 1946.2, as now existing and amended from time to time.
B. “Fair Market Rent” means the fair market rent as determined by the U.S. Department of Housing and Urban Development for a unit of equivalent size in the Santa Rosa-Petaluma, CA MSA for the fiscal year in which the rent is demanded.
Docusign Envelope ID: 72F83BFB-4582-4A4C-B8A9-108F3118A3D9 C. “Project” means all of the rental units within a building or buildings on a single legal parcel, or on multiple adjacent legal parcels under common ownership or control.
D. “Regulated Units” means a rental unit restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
E. “Rental Agreement” means an agreement, written, oral, or implied, between a owner and a tenant for the use and/or occupancy of a rental unit.
F. Terms not defined herein shall have the same meaning as in the Act.
9.36.030 Incorporation of the Act
The Act, as it now exists and as subsequently amended, is hereby incorporated into this Chapter, excluding only subdivision (g) thereof regarding local ordinance preemption, subject to the additional local changes contained herein. The Act shall apply within the City of Sebastopol as though fully set forth herein. No tenancy of any residential real property subject to the Act may be terminated except in accordance with the requirements of the Act.
9.36.040 Just Cause Eviction Protections for Regulated Units A. Application to Regulated Units. Notwithstanding Civil Code Sections 1946.2(e)(7) and 1946.2(e)(9), the Act shall apply to Regulated Units within the City of Sebastopol regardless of the date a certificate of occupancy was issued for the Regulated Unit, but only if the Regulated Unit is part of a Project with forty (40) or more rental units.
B. Commencement of Protection for Regulated Units. Notwithstanding Civil Code Section 1946.2(a), after a tenant has commenced lawful occupation of a Regulated Unit pursuant to a rental agreement, the owner of the Regulated Unit shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy in accordance with the requirements of the Act. This Section shall not be constructed to apply to any transient, as defined in Sebastopol Municipal Code Section 3.12.020.
9.36.050 Relocation Benefits
Docusign Envelope ID: 72F83BFB-4582-4A4C-B8A9-108F3118A3D9 If the owner of a Regulated Unit subject to Section 9.36.040(A) seeks to recover possession of the Regulated Unit where such recovery of possession is based on a no-fault just cause as defined in the Act, the amount of the relocation payment required by the Act shall be equal to three (3) times the monthly fair market rent for the Regulated Unit being vacated, or three (3) times the actual monthly rental rate for the Regulated Unit, whichever is greater. If the owner elects to waive last months' rent pursuant to Civil Code Section 1946.2(d)(2) in lieu of payment to the tenant, the owner shall pay the difference between the actual rent and the amount due under this Section to tenant no later than the date upon which tenant's last month rent would have been due but for the waiver.
9.36.060 Application of Federal Law
This Chapter shall not apply to the extent that application of this Chapter to a Regulated Unit would violate state or federal law or regulation.
9.36.070 Remedies & Enforcement
A. An owner of a rental unit’s failure to comply with any requirement of this Chapter may be asserted as an affirmative defense in an action brought by the Owner to recover possession of the rental unit. A tenant who prevails in a case for wrongful eviction due to the landlord’s noncompliance with this Chapter shall recover costs and reasonable attorney’s fees.
B. Whenever an owner violates the requirements of this Chapter, a tenant may institute a civil proceeding for money damages or injunctive relief, or both. Owners found to have violated this Chapter shall be subject to appropriate injunctive relief and shall be liable for damages, costs and reasonable attorney’s fees, and whatever other relief the court deems appropriate.
C. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude the City or any person from seeking any other remedies, penalties or procedures provided by law.
D. The City shall have the right and authority, but not the duty, to enforce the requirements of this Chapter.
9.36.090 Expiration
This Chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
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