CORRESPONDENCE - 85B - Laserfiche WebLink

Home Browse Search

Just Cause Eviction Eviction Control Measures Throughout California Cities Most rental housing owners and managers are familiar with the concept of rent control and have a basic understanding of the ways in which it impacts their business. Less well known and understood is the companion to rent control, so-called "just cause" eviction. Though the "just cause" name may make these laws sound innocuous, they would be more aptly referred to as eviction control. In essence, just cause eviction ordinances take away a landlord's right to terminate the tenancy or refuse to renew a lease for any reason or no reason at all. These laws also generally require the landlord to pay relocation assistance to tenants whose tenancies are terminated through no fault of their own. Increasingly, these laws also limit the landlord's ability to change the terms of the tenancy, and they control who can live in the rental unit. This paper will discuss the effect of just cause eviction ordinances on the rental housing industry and will discuss the common themes seen in just cause eviction ordinances throughout California. I Typical Provisions in Just Cause Ordinances A. Applicability There is significant variation among just cause eviction ordinances on the issue of which units within the city are subject to the requirements of the ordinance. For example, the City of San Diego (which has just cause eviction but not rent control) applies to all unsubsidized rental units if the tenant has lived in the unit for two years or longer. By contrast, the City of Mountain View's just cause eviction protections apply only to properties with three or more units with a certificate of occupancy issued on or before April 5, 2017, without regard to how long the tenant has lived in the unit. The Costa -Hawkins Rental Housing Act, which places restrictions on the type of rental units local governments may subject to rent control and limits the provisions of rent control measures, does not govern just cause ordinances/eviction controls. As a result, in cities with rent control, it is common for both rent controlled and non -rent -controlled units to be subject to the city's just cause eviction rules. Therefore, owners and managers cannot assume they are exempt from a just cause eviction ordinance simply because they are not subject to rent control. B. Permissible Reasons for Eviction All just cause eviction ordinances list the reasons, or "causes," for which the landlord may terminate the tenancy. Most of the permitted causes relate to something that a tenant did or failed to do, but there are a limited number of "no fault" reasons that a tenancy may be terminated. The most common permissible reasons for eviction are: California Apartment Association www.coonet.org Revised 06/2017 — O 2017 — All Rights Reserved Cage 1 121