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Item 33 - Rent Stabilization Ordinance and Just Cause Eviction Ordinance
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Item 33 - Rent Stabilization Ordinance and Just Cause Eviction Ordinance
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8/17/2023 12:21:20 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
33
Date
9/21/2021
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<br />Ordinance No. NS - ____ <br />Page 2 of 22 <br /> <br />G. The housing rent burden and poverty faced by many residents in Santa Ana <br />threatens the health, safety, and welfare of its residents, particularly when <br />resulting in eviction and displacement. Studies have shown that evictions play an <br />impactful role in the lives of low income renter households and can also <br />contribute to poverty through disruptive effects such as job loss, adverse health <br />effects, and negative consequences for children. <br /> <br />H. Moreover, an eviction can remain on a renter’s credit history for at lea st seven <br />years, impacting one’s ability to rent and find employment opportunities . <br /> <br />I. Mobilehome Parks comprise approximately five percent (5.1%) of all housing in <br />Santa Ana. The city has 29 Mobilehome Parks containing 3,913 spaces. Six of <br />the Mobilehome Parks and one thousand twenty spaces in Santa Ana are <br />currently age-restricted to persons 55 years of age or older. <br /> <br />J. The City Council has received public testimony at multiple meetings from Santa <br />Ana residents who declared that they and their neighbors were unwilling to <br />register complaints against their landlords over unsuitable living conditions and/or <br />violations of their leases by landlords or management companies, based on a <br />fear of being evicted without just cause. <br /> <br />K. The California State Legislature adopted the Tenant Protection Act of 2019 (“AB <br />1482”), codified in part in California Civil Code section 1946.2 (“section 1946.2”), <br />which became effective by its own terms on January 1, 2020, and, with certain <br />exceptions, prohibits an owner of residential property from terminating a tenancy <br />without just cause. <br /> <br />L. AB 1482 provides that a local ordinance adopted after September 1, 2019 , <br />requiring just cause for termination of a residential tenancy shall supersede <br />California Civil Code section 1946.2 only if the ordinance is “more protective” <br />than section 1946.2. <br /> <br />M. In accordance with California Civil Code section 1946.2(g)(1)(B), the City Council <br />finds that the provisions of this Ordinance regulating just cause terminations or <br />tenancies are more protective than California Civil Code section 1946.2 for the <br />following reasons: <br /> <br />1. The just cause for termination of a residential tenancy under this Ordinance is <br />consistent with California Civil Code section 1946.2. <br /> <br />2. This Ordinance provides additional tenant protections that are no t prohibited <br />by any other provisions of applicable law. <br /> <br />N. The City Council finds and determines that regulating the relations between <br />residential landlords and tenants will increase certainty and fairness within the <br />EXHIBIT 4
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