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December 4, 2018 The Honorable Miguel Pulido Mayor, City of Santa Ana 22 Civic Center Plaza Santa Ana, CA 92701 Re: CAA Opposes `Just Cause' Eviction Policies Dear Mayor Pulido and Council Members: The California Apartment Association, Orange County Division, which represents more than 100,000 units throughout Orange County, applauds the city for being vigilant in exploring ways to promote ethical housing management practices throughout the City of Santa Ana. However, we are strongly opposed any form of `just cause' eviction policies on rental housing units. While well intentioned, `just cause' eviction ordinances can become the bane of neighborhood leaders seeking to rid a community from the impacts of a renter converting a home to a "gang house" or "drug den," where surrounding neighbors fear the prospect of testifying or offering declarations in support of an eviction proceeding. In addition to a myriad of unintended consequences, the State of California already has some of the most aggressive tenant rights laws in the nation. What are `Just Cause' Eviction Policies Most elected officials and members of the community are familiar with the concept of rent control and have a basic understanding of the ways in which it impacts the local economy. Less well known and understood is the companion to rent control, so-called "just cause" eviction. `Just cause' eviction ordinances take away a landlord's right to terminate a tenancy or refuse to renew a lease for any reason or no reason at all. The contents of this letter cover the effect of `just cause' eviction ordinances within neighborhoods, broader communities and local jurisdictions. `Just Cause' Eviction Policies are Unnecessary State Law Prohibits Retaliatory Evictions Both the common law and California Civil Code section 1942.5 prohibit a landlord from seeking to evict or otherwise taking adverse actions against a tenant because the tenant has engaged in a legally protected activity (which includes complaining about habitability issues). In fact, Civil Code Section 1942.5(a) provides greater protection than most `just cause' eviction ordinances because it establishes a presumption in favor of the tenant, stating that the landlord may not act to evict a tenant within 180 days after the tenant complains to the landlord or a government agency about habitability. The California anti -retaliation laws function as both a defense to an unlawful detainer action and as a basis for an affirmative lawsuit. California Apartment Association Orange County 23436Madero Road, Suite240 ` Mission Viejo, CA 92691 949.955.3695. caanet.org December 4, 2018 The Honorable Miguel Pulido Mayor, City of Santa Ana 22 Civic Center Plaza Santa Ana, CA 92701 Re: CAA Opposes `Just Cause' Eviction Policies Dear Mayor Pulido and Council Members: The California Apartment Association, Orange County Division, which represents more than 100,000 units throughout Orange County, applauds the city for being vigilant in exploring ways to promote ethical housing management practices throughout the City of Santa Ana. However, we are strongly opposed any form of `just cause' eviction policies on rental housing units. While well intentioned, `just cause' eviction ordinances can become the bane of neighborhood leaders seeking to rid a community from the impacts of a renter converting a home to a "gang house" or "drug den," where surrounding neighbors fear the prospect of testifying or offering declarations in support of an eviction proceeding. In addition to a myriad of unintended consequences, the State of California already has some of the most aggressive tenant rights laws in the nation. What are `Just Cause' Eviction Policies Most elected officials and members of the community are familiar with the concept of rent control and have a basic understanding of the ways in which it impacts the local economy. Less well known and understood is the companion to rent control, so-called "just cause" eviction. `Just cause' eviction ordinances take away a landlord's right to terminate a tenancy or refuse to renew a lease for any reason or no reason at all. The contents of this letter cover the effect of `just cause' eviction ordinances within neighborhoods, broader communities and local jurisdictions. `Just Cause' Eviction Policies are Unnecessary State Law Prohibits Retaliatory Evictions Both the common law and California Civil Code section 1942.5 prohibit a landlord from seeking to evict or otherwise taking adverse actions against a tenant because the tenant has engaged in a legally protected activity (which includes complaining about habitability issues). In fact, Civil Code Section 1942.5(a) provides greater protection than most `just cause' eviction ordinances because it establishes a presumption in favor of the tenant, stating that the landlord may not act to evict a tenant within 180 days after the tenant complains to the landlord or a government agency about habitability. The California anti -retaliation laws function as both a defense to an unlawful detainer action and as a basis for an affirmative lawsuit.