Item 33 - Rent Stabilization Ordinance and Just Cause Eviction Ordinance

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Rent Stabilization Ordinance and Just Cause Eviction Ordinance September 21, 2021 Page 7 2 1 2 6 b. A change in the terms of the tenancy that is not the result of an express written agreement signed by both of the parties. c. A landlord shall not take any action to terminate a tenancy based on a tenant /resident’s sublease of the rental unit if certain requirements are met as described in the Ordinance. d. Eviction Protections for Victims of Domestic Violence, Elder or Dependent Adult Abuse, or Sexual Assault, Human Trafficking, or Stalking. 5. Adds a requirement that the owner must provide advance notice to the tenant of the ability to reoccupy the unit upon completion of repairs or the right of first refusal of a comparable unit. 6. Adds relocation assistance equal to three (3) months of the tenant’s rent if an owner issues a notice to terminate for no-fault just cause. 7. Adds retaliatory eviction and anti-harassment regulations. Enforcement In the interim period, the City of Santa Ana will not be responsible for the enforcement of the Ordinances. This is similar to how the State’s Tenant Protection Act of 2019 (AB 1482) is enforced. When a landlord accepts, receives, or retains any payment or payments in excess of the lawful rent pursuant to the Ordinance, the tenant/mobile home owner/ resident may file a civil suit against the landlord. A tenant/mobile home owner/resident may bring a civil suit in the court alleging that a landlord has violated any of the provisions of the Ordinance(s). A landlord found to violate the Ordinance(s) shall be liable to the tenant/mobile home owner/resident for all actual damages. Tenants/mobile home owners/residents and landlords of rental units or mobile homes may seek relief from the appropriate court in the City of Santa Ana to enforce any provision of the Ordinance(s) or its implementing regulations or to restrain or enjoin any violation of the Ordinance(s) and of the rules, regulations, orders, and decisions of the City. However, a consultant hired by the City will enforce and administer an owner’s right to a fair return process under the Rent Stabilization Ordinance as required in the Ordinance. Resolution to Conduct due Diligence and Research on Rent Control Board The Housing Ad Hoc Committee recommends adoption of a Resolution directing staff to conduct further study of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for tenants facing housing instability (Exhibit 5). These measures are to include the creation and operation of a Rent Control Board or similar body, a rent registry, and the related costs thereof. Due to the nature of this due diligence process, which could take staff from nine to 12 months to complete, the Committee determined that a resolution to conduct this due diligence would be the most effective method to adopt the Ordinances. On February 6,