HomeMy WebLinkAboutNS-3010 - Requiring Just Cause EvictionsORDINANCE NO. NS-3010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REQUIRING JUST CAUSE EVICTIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines, and
declares as follows:
A. At the City Council meetings on September 21, 2021, and October 5, 2021,
the City Council discussed the City of Santa Ana's ("Santa Ana" or "City")
ability to address just cause evictions.
B. Housing instability threatens the public peace, health, and safety as eviction
from one's home can lead to prolonged homelessness; increased residential
mobility; loss of community; strain on household finances due to the necessity
of paying rental application fees and security deposits; stress and anxiety
experienced by those displaced; increased commute times and traffic impacts
if displaced workers cannot find affordable housing within the city in which
they work; and interruption of the education of children in the home.
C. Eviction creates particular hardships for individuals and households of limited
means, given the shortage of affordable housing within the City of Santa Ana
and the region generally.
D. According to the May 2017 report by the California Housing Partnership
Corporation, median rent in Orange County, which includes Santa Ana, has
increased twenty-eight percent (28%) since 2000, while median renter
household income has declined by 9%, when adjusted for inflation.
Additionally, the May 2020 report by the California Housing Partnership
Corporation demonstrated that renters need to earn $42.23/hr, or, 3.2 times
the state minimum wage to afford an average monthly asking rent of $2,196
for a two -bedroom apartment in Orange County.
E. Orange County's lowest income renters spend eighty-one percent (81%) of
their income on rent, leaving very little to meet other basic human needs such
as food and health.
F. If Santa Ana renter -occupied households paid thirty percent (30%) of their
income on housing, renters would have an extra $176 million dollars of
disposable income (income minus housing costs) to spend in the community
each year, or $7,000 per household. Additionally, racial inequities would
decrease, as the yearly disposable income would increase by 14% for
Latinos, 13% for Asian or Pacific Islanders, and 7% for Whites.
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G. The housing rent burden and poverty faced by many residents in Santa Ana
threatens the health, safety, and welfare of its residents, particularly when
resulting in eviction and displacement. Studies have shown that evictions play
an impactful role in the lives of low income renter households and can also
contribute to poverty through disruptive effects such as job loss, adverse
health effects, and negative consequences for children.
H. Moreover, an eviction can remain on a renter's credit history for at least seven
years, impacting one's ability to rent and find employment opportunities.
I. Mobilehome Parks comprise approximately five percent (5.1 %) of all housing
in Santa Ana. The city has 29 Mobilehome Parks containing 3,913 spaces.
Six of the Mobilehome Parks and one thousand twenty spaces in Santa Ana
are currently age -restricted to persons 55 years of age or older.
J. The City Council has received public testimony at multiple meetings from
Santa Ana residents who declared that they and their neighbors were
unwilling to register complaints against their landlords over unsuitable living
conditions and/or violations of their leases by landlords or management
companies, based on a fear of being evicted without just cause.
K. The California State Legislature adopted the Tenant Protection Act of 2019
("AB 1482"), codified in part in California Civil Code section 1946.2 ("section
1946.2"), which became effective by its own terms on January 1, 2020, and,
with certain exceptions, prohibits an owner of residential property from
terminating a tenancy without just cause.
L. AB 1482 provides that a local ordinance adopted after September 1, 2019,
requiring just cause for termination of a residential tenancy shall supersede
California Civil Code section 1946.2 only if the ordinance is "more protective"
than section 1946.2.
M. In accordance with California Civil Code section 1946.2(g)(1)(B), the City
Council finds that the provisions of this Ordinance regulating just cause
terminations or tenancies are more protective than California Civil Code
section 1946.2 for the following reasons:
1. The just cause for termination of a residential tenancy under this
Ordinance is consistent with California Civil Code section 1946.2.
2, This Ordinance provides additional tenant protections that are not
prohibited by any other provisions of applicable law.
N. The City Council finds and determines that regulating the relations between
residential landlords and tenants will increase certainty and fairness within the
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residential rental market in the City and thereby serve the public peace,
health, and safety.
O. Pursuant to the City's police power, as granted broadly under Article XI,
section 7 of the California Constitution, and Santa Ana Charter section 200,
the Santa Ana City Council has the authority to enact and enforce ordinances
and regulations for the public peace, health, and welfare of the City and its
residents.
P. The City Council hereby adopts these regulations in order to address the
threats set forth below.
1. Housing, particularly affordable housing, is difficult to procure in this
region, including in Santa Ana. Evictions without just cause destabilize
the housing market and can result in the loss of affordable housing;
2. For the preservation of the public peace, health, and safety; the City
Council finds that it is necessary to adopt an ordinance regulating just
cause evictions, for all of the reasons set forth in the recitals above, which
are hereby incorporated by reference;
3. Without the imposition of this Ordinance, evictions without just cause may
result in the displacement of residential tenants who would be forced to
find new housing in an ever -more expensive housing market, and would
significantly increase the risk of residential tenants becoming homeless;
and,
4. There is a threat to the public peace, health, and safety of the City and its
community, thereby necessitating the enactment of this Ordinance in order
to ensure that tenants are not turned out of their homes without just cause.
Q. The Request for Council Action for this ordinance dated September 21, 2021,
shall be incorporated herein by this reference, and together with this
ordinance, any amendments or supplements, and oral testimony, shall
constitute the necessary findings for this ordinance.
R. The City Council finds, determines, and declares that the threat to the public
health, safety, and welfare of the City and its residents necessitates the
enactment of the ordinance.
Section 2. The recitals and statements of fact set forth in the preamble to this
ordinance are true and correct, constitute a substantive part of this ordinance, and are
incorporated herein by this reference.
Section 3. Sections 8-1993 through 8-1997 of the Santa Ana Municipal Code
are deleted in their entirety.
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Section 4. Division 4 is hereby added to Article X (Property Maintenance) of
Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code to read as
follows:
Division 4. — JUST CAUSE EVICTIONS
Section 8-1993 - Citation.
This Division shall be known as the "Just Cause Eviction Ordinance."
Section 8-1994 — Restrictions on Termination of Tenancy Without Just Cause
(a) Notwithstanding any other law, after a tenant has continuously and
lawfully occupied a residential real property for thirty (30) days, the Owner
of the residential real property shall not terminate the Tenancy without just
cause, which shall be stated in the written notice to terminate Tenancy.
1) The Owner shall post a notice on a form prescribed by the City,
providing information about the existence of this Division 4 of Article X
of Chapter 8 of the Santa Ana Municipal Code, including protections
related to immigration or citizenship status of tenant found under Civil
Code section 1940.35 and Code of Civil Procedure section 1161.4, as
may be amended. Notice must be posted in a conspicuous location on
the property. The notice shall be written in the language that the Owner
and tenant used to negotiate the terms of the Tenancy (e.g., Spanish,
Chinese, Tagalog, Vietnamese and Korean), as well as English.
2) In addition to all other notice requirements specified elsewhere in this
Division, the Owner of any residential real property or mobilehome
space, is required to provide written notice to tenants of their rights
under this Division as follows:
A. The notice required by this Division must be on a form
prescribed by the City and include the following information:
i. The existence and scope of this Division 4 of Article X of
Chapter 8 of the Santa Ana Municipal Code; and,
ii. The right to relocation assistance in limited
circumstances pursuant to subsection (d)(2) herein.
B. The Owner must provide tenant with the notice upon serving
any notice of change in terms of Tenancy.
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C. The Owner must provide the notice on or before the
commencement of all Tenancies initiated after the effective date
of this Division.
(b) For purposes of this section, "just cause" includes either of the following:
1) At -fault just cause, which is any of the following:
A. Default in the payment of rent.
B. A breach of a material term of the lease, as described in
paragraph (3) of Section 1161 of the Code of Civil Procedure,
including, but not limited to, violation of a provision of the lease
after being issued a written notice to correct the violation. A
"breach of a material term" shall not include:
i. The obligation to limit occupancy, provided that the
additional occupant who joins the tenant of the residential
real property thereby exceeding the limits on occupancy
set forth in the lease is:
A dependent under age 18, or
II. A replacement tenant who moved in after an
approved tenant vacated the residential real
property, so long as the addition does not exceed
the Uniform Housing Code.
i. The Owner shall have the right to approve
or deny the prospective additional or
replacement tenant, who is not a minor
dependent child, provided that the Owner
does not unreasonably withhold approval. If
the Owner fails to respond to the tenant in
writing with a description of the reasons for
the denial of the request within a
reasonable amount of time of receipt of the
tenant's written request, the tenant's
request shall be deemed approved by the
Owner if the lease is for a period of one (1)
year or less.
ii. A change in the terms of the Tenancy that is not the
result of an express written agreement signed by both of
the parties. An Owner is not required to obtain a tenant's
written consent to a change in the terms of the Tenancy if
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the change in the terms of the Tenancy is authorized by
this section, or if the Owner is required to change the
terms of the Tenancy pursuant to federal, State, or local
law. Nothing in this subsection shall exempt an Owner
from providing legally required notice of a change in the
terms of the Tenancy.
C. Maintaining, committing, or permitting the maintenance or
commission of a nuisance as described in paragraph (4) of
Section 1161 of the Code of Civil Procedure.
D. Committing waste as described in paragraph (4) of Section
1161 of the Code of Civil Procedure.
E. The tenant had a written lease that terminated on or after the
effective date of this Ordinance, and after a written request or
demand from the Owner, the tenant has refused to execute a
written extension or renewal of the lease for an additional term
of similar duration with similar provisions, provided that those
terms do not violate this section or any other provision of law.
F. Criminal activity by the tenant on the residential real property,
including any common areas, or any criminal activity or criminal
threat, as defined in subdivision (a) of Section 422 of the Penal
Code, on or off the residential real property, that is directed at
any Owner or agent of the Owner of the residential real property
or members of tenant's household or other tenants of the
residential real property. This at -fault, just cause provision shall
apply if the Owner has, within a reasonable time, reported the
criminal activity to law enforcement. Further, at -fault, just cause
eviction of a tenant under this provision shall only apply to that
tenant who committed the criminal activity described herein. If a
tenant is acquitted or found not guilty of the charges giving rise
to eviction, or if charges are not filed against the tenant within
the applicable statute of limitations period, the tenant shall be
offered the right to restore the Tenancy only if the same
residential real property is available.
G. Assigning or subletting the premises in violation of the tenant's
lease, as described in paragraph (4) of Section 1161 of the
Code of Civil Procedure.
i. Notwithstanding any contrary provision in this section, an
Owner shall not take any action to terminate a Tenancy
based on a tenant's sublease of the residential real
property if all the following requirements are met:
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I. The tenant requests permission from the Owner in
writing to sublease the residential real property;
II. The tenant continues to reside in the residential
real property as their primary residence;
III. The sublease replaces one or more departed
tenants under the lease on a one -for -one basis;
and
IV. The Owner fails to respond to the tenant in writing
within a reasonable amount of time of the receipt
of the tenant's written request. If the Owner fails to
respond to the tenant's written request, the
request shall be deemed approved by the Owner if
the lease is for a period of one (1) year or less. An
Owner's reasonable refusal of the tenant's written
request may be based on, but is not limited to, the
ground that the total number of occupants in a
residential real property exceeds the maximum
number of occupants as determined under Section
503(b) of the Uniform Housing Code or successor
provision.
H. The tenant's refusal to allow the Owner to enter the residential
real property as authorized by Sections 1101.5 and 1954 of the
Civil Code, and Sections 13113.7 and 17926.1 of the Health
and Safety Code.
I. Using the premises for an unlawful purpose as described in
paragraph (4) of Section 1161 of the Code of Civil Procedure.
J. The employee, agent, or licensee's failure to vacate after their
termination as an employee, agent, or a licensee as described
in paragraph (1) of Section 1161 of the Code of Civil Procedure.
K. When the tenant fails to deliver possession of the residential
real property after providing the Owner written notice as
provided in Section 1946 of the Civil Code of the tenant's
intention to terminate the hiring of the real property, or makes a
written offer to surrender that is accepted in writing by the
Owner but fails to deliver possession at the time specified in that
written notice as described in paragraph (5) of Section 1161 of
the Code of Civil Procedure.
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2) No-fault just cause, which includes any of the following:
ra
Intent to occupy the residential real property by the
Owner or their spouse, domestic partner, children,
grandchildren, parents, or grandparents.
ii. For leases entered into on or after the effective date of
this Ordinance, this subsection shall apply only if the
tenant agrees, in writing, to the termination, or if a
provision of the lease allows the Owner to terminate the
lease if the Owner, or their spouse, domestic partner,
children, grandchildren, parents, or grandparents
unilaterally decides to occupy the residential real property
for a period of at least 24 months, as affirmed by the
Owner in a written affidavit submitted to the City. Addition
of a provision allowing the Owner to terminate the lease
as described in this clause to a new or renewed rental
agreement or fixed -term lease constitutes a similar
provision for the purposes of subparagraph (E) of
paragraph (1).
B. Withdrawal of the residential real property from the rental
market for an anticipated period of at least 24 months, as
affirmed by the Owner in a written affidavit submitted to the City.
C.
A
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The Owner complying with any of the following:
An order issued by a government agency or court
relating to habitability that necessitates vacating
the residential real property.
II. An order issued by a government agency or court
to vacate the residential real property.
III. A local ordinance that necessitates vacating the
residential real property.
ii. If it is determined by any government agency or court
that the tenant is at fault for the condition or conditions
triggering the order or need to vacate under clause (i),
the tenant shall not be entitled to relocation assistance as
outlined in paragraph (3) of subdivision (d).
Intent to demolish or to substantially remodel the
residential real property.
The Owner shall provide advance notice to the
tenant of the ability to reoccupy the unit upon
completion of the repairs, or if requested by the
tenant, the right of first refusal to any comparable
vacant rental unit which has been offered at
comparable rent owned by the Owner; and
II. In the event the Owner seeks to rent the
remodeled unit within six (6) months following the
completion of the remodeling work, the evicted
tenant shall have the right of first refusal to
reoccupy and rent the unit, unless the Owner
provides a written waiver by the tenant of their
right to reoccupy the premises pursuant to this
subsection.
iii. For purposes of this subparagraph, "substantially
remodel' means the replacement or substantial
modification of any structural, electrical, plumbing, or
mechanical system that requires a permit from a
governmental agency, or the abatement of hazardous
materials, including lead -based paint, mold, or asbestos,
in accordance with applicable federal, State, and local
laws, that cannot be reasonably accomplished in a safe
manner with the tenant in place and that requires the
tenant to vacate the residential real property for at least
30 days. Cosmetic improvements alone, including
painting, decorating, and minor repairs, or other work that
can be performed safely without having the residential
real property vacated, do not qualify as a substantial
remodel.
(c) Before an Owner of residential real property issues a notice to terminate a
Tenancy for just cause that is a curable lease violation, the Owner shall
first give notice of the violation to the tenant with an opportunity to cure the
violation pursuant to paragraph (3) of Section 1161 of the Code of Civil
Procedure. If the violation is not cured within the time period set forth in
the notice, a three-day notice to quit without an opportunity to cure may
thereafter be served to terminate the Tenancy.
1) Any written notice to cease or correct must:
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A. Be dated and served upon the tenant, pursuant to at least one
of the methods authorized under California Code of Civil
Procedure Section 1162, as may be amended;
B. Inform the tenant that failure to cure may result in the initiation
of eviction proceedings;
C. Inform the tenant of the right to request a reasonable
accommodation;
D. Inform the tenant of the contact number for the Eviction Defense
Fund or the City if no such fund exists; and
E. Include a specific statement of the reasons for the written notice
to cease or correct with specific facts to help the tenant
determine the date(s), place(s), witness(es), and
circumstance(s) that support the reason(s) for the eviction.
(d)
1) For a Tenancy for which just cause is required to terminate the
Tenancy under subdivision (a), if an Owner of residential real property
issues a termination notice based on a no-fault just cause described in
paragraph (2) of subdivision (b), the Owner shall, regardless of the
tenant's income, at the Owner's option, do one of the following:
A. Assist the tenant to relocate by providing a direct payment to the
tenant as described in paragraph 3; or
B. Waive in writing the payment of rent for the final three (3)
months of the Tenancy, prior to the rent becoming due.
2) If an Owner issues a notice to terminate a Tenancy for no-fault just
cause, the Owner shall notify the tenant of the tenant's right to
relocation assistance or rent waiver and all other rights pursuant to this
section. If the Owner elects to waive the rent for the final three (3)
month of the Tenancy as provided in subparagraph (B) of paragraph
(1), the notice shall state the amount of rent waived and that no rent is
due for the final three (3) months of the Tenancy.
3)
A. The amount of relocation assistance or rent waiver shall be
equal to three (3) months of the tenant's rent that was in effect
when the Owner issued the notice to terminate the Tenancy.
Any relocation assistance shall be provided within 15 calendar
days of service of the notice.
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B. If a tenant fails to vacate after the expiration of the notice to
terminate the Tenancy, the actual amount of any relocation
assistance or rent waiver provided pursuant to this subdivision
shall be recoverable as damages in an action to recover
possession.
C. The relocation assistance or rent waiver required by this section
shall be credited against any other relocation assistance
required by any other law.
4) An Owner's failure to strictly comply with this section shall render the
notice of termination void.
(e) This section shall not apply to the following types of residential real
properties or residential circumstances:
1) Transient and tourist hotel occupancy as defined in subdivision (b) of
Section 1940 of the Civil Code.
2) Housing accommodations in a nonprofit hospital, religious facility,
extended care facility, licensed residential care facility for the elderly,
as defined in Section 1569.2 of the Health and Safety Code, or an
adult residential facility, as defined in Chapter 6 of Division 6 of Title 22
of the Manual of Policies and Procedures published by the State
Department of Social Services.
3) Dormitories owned and operated by an institution of higher education
or a kindergarten and grades 1 to 12, inclusive, school.
4) Housing accommodations in which the tenant shares bathroom or
kitchen facilities with the Owner who maintains their principal residence
at the residential real property.
5) Single-family Owner -occupied residences, including a residence in
which the Owner -occupant rents or leases no more than two units or
bedrooms, including, but not limited to, an accessory dwelling unit or a
junior accessory dwelling unit.
6) A duplex in which the Owner occupied one of the units as the Owner's
principal place of residence at the beginning of the Tenancy, so long
as the Owner continues in occupancy.
7) Housing that has been issued a certificate of occupancy within the
previous 15 years.
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8) Residential real property that is alienable separate from the title to any
other dwelling unit, provided that both of the following apply:
A. The Owner is not any of the following:
A real estate investment trust, as defined in Section 856
of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one member
is a corporation.
i. The tenants have been provided written notice that the
residential property is exempt from this section using the
following statement: "This property is not subject to the
just cause requirements of Santa Ana Municipal Code
Chapter 8, Article X, Division 4. This property meets the
requirements of Santa Ana Municipal Code section 8-
1994(e)(8) and the Owner is not any of the following: (1)
a real estate investment trust, as defined by Section 856
of the Internal Revenue Code; (2) a corporation; or (3) a
limited liability company in which at least one member is
a corporation."
ii. For a Tenancy existing before the effective date of this
Ordinance, the notice required under clause (i) may, but
is not required to, be provided in the rental agreement.
iii. For any Tenancy commenced or renewed on or after the
effective date of this Ordinance, the notice required under
clause (i) must be provided in the rental agreement.
iv. Addition of a provision containing the notice required
under clause (i) to any new or renewed rental agreement
or fixed -term lease constitutes a similar provision for the
purposes of subparagraph (E) of paragraph (1) of
subdivision (b).
9) Housing 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,
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low, or moderate income, as defined in Section 50093 of the Health
and Safety Code or comparable federal statutes.
(f) An Owner of residential real property subject to this section shall provide
notice to the tenant as follows:
1) For any Tenancy commenced or renewed on or after the effective date
of this Ordinance, as an addendum to the lease or rental agreement, or
as a written notice signed by the tenant, with a copy provided to the
tenant.
2) For a Tenancy existing prior to the effective date of this Ordinance, by
written notice to the tenant no later than thirty (30) days after the
effective date of this Ordinance, or as an addendum to the lease or
rental agreement.
3) The notification or lease provision shall be in no less than 12-point
type, and shall include the following: "The Santa Ana Municipal Code
provides that after all of the tenants have continuously and lawfully
occupied the property for at least thirty (30) days, an Owner must
provide a statement of cause in any notice to terminate a Tenancy.
See Division 4 of Article X of Chapter 8 of the Santa Ana Municipal
Code for more information."
(g) It shall be a defense to an action for possession of a rental unit under this
Division if a trier of fact determines that:
1) Both of the following provisions apply:
A. The tenant or tenant's household member is a victim of an act
or acts that constitute domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or stalking if the
domestic violence, elder or dependent adult abuse, sexual
assault, human trafficking, or stalking has been documented by
one of the following:
i. A temporary restraining order, emergency protective
order, or protective order issued within the last 180 days
pursuant to law that protects the tenant or a household
member from domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or
stalking; or
ii. The tenant or a member of their household has filed a
police report within the previous 180 days alleging that
they are a victim of domestic violence, elder or
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dependent adult abuse, sexual assault, human
trafficking, or stalking.
B. The notice to vacate is substantially based upon the act or acts
constituting domestic violence, elder or dependent adult abuse,
sexual assault, human trafficking, or stalking against the tenant
or their household member, including, but not limited to, an
action for possession based on complaints of noise,
disturbances, or repeated presence of police.
2) Notwithstanding this Section, an Owner may terminate the Tenancy if:
A. The tenant or the person protected by a court order or who filed
a police report allows the person against whom the protective
order has been issued or who was named in the police report as
committing an act of domestic violence, elder or dependent
adult abuse, sexual assault, human trafficking, or stalking, to
visit the rental property; or
B. The Owner reasonably believes the presence of the person
against whom the protective order has been issued or who was
named in the police report as having committed an act of
domestic violence, elder or dependent adult abuse, sexual
assault, human trafficking, or stalking poses a physical threat to
other tenants, guests, invitees, or to a tenant's right to quiet
enjoyment and the Owner previously gave the tenant a three (3)
day written notice to cease and correct this violation.
(h) It shall be a defense to a no fault just cause action for possession of a
rental unit under this Division if a person under the age of 21 is a resident
of the subject rental unit, or has a custodial or family relationship with a
tenant in the subject rental unit, and who is registered and actively
attending any level of school during a specified school term.
(i) Any sale of a mobilehome park shall be considered a change of use
pursuant to Government Code section 65863.7. Accordingly, at least sixty
(60) days prior to the sale of a mobilehome park, the Owner shall provide
notice of such proposed sale to the mobilehome park residents and
prepare a report on the impact of the sale of the mobilehome park,
including a replacement and relocation plan that adequately mitigates the
impact upon the ability of any displaced residents of the mobilehome park
to be sold to find adequate housing in a mobilehome park, as applicable,
pursuant to the requirements of Government Code section 65863.7.
Q) Any waiver of the rights under this section shall be void as contrary to
public policy.
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(k) For the purposes of this Division, the following definitions shall apply:
1) "Owner" and "residential real property" have the same meaning as
those terms are defined in Civil Code Section 1954.51.
2) "Tenancy' means the lawful occupation of residential real property or
mobilehome space and includes a lease or sublease, as such may be
subject to local ordinance pursuant to the terms of the Costa -Hawkins
Rental Housing Act, California Civil Code section 1954.50. et seq., and
the Mobilehome Residency Law, Civil Code section 798, et seq.
Section 8-1995 — Notice of Termination of Tenancy.
(a) When terminating a Tenancy either at -fault or no-fault, an Owner must
comply with all of the following:
1) The Owner must serve a written notice in accordance with Civil Code
sections 1946 through 1946.5, to the tenant that states that, in addition
to any information required by federal or State law, the Owner will
terminate the Tenancy, and that indicates at least one at -fault or no-
fault just cause reason as provided in section 8-1994(b); and
2) The Owner has not accepted and will not accept rent or any other
consideration in return for the continued use of the residential property
beyond the term of the terminated Tenancy in compliance with Civil
Code sections 1945 through 1946.5; and
3) The Owner qualifies the termination as at -fault or no-fault just cause,
as specified in section 8-1994(b); and
4) The Owner has submitted to the City, within five (5) days after service
of the notice of termination on the tenant, a true and accurate copy of
the Owner's written notice of termination, and proof of such service,
signed under penalty of perjury, on the tenant. The Owner shall
maintain proof of service to the City as evidence that the Owner has
complied with this section.
5) The Owner must provide the notice in the language that the Owner and
tenant used to negotiate the terms of the Tenancy, in addition to
English.
Section 8-1996 — Retaliatory Eviction and Anti -Harassment.
(a) Retaliatory Eviction.
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1) If the main intent of the Owner in terminating a Tenancy or refusing to
renew a Tenancy is retaliatory in nature, and if the tenant is not in
default as to the payment of rent, then the Owner may not terminate
the Tenancy or refuse to renew the Tenancy or cause the tenant to quit
involuntarily.
2) A tenant may assert retaliation affirmatively or as a defense to the
Owner's action regardless of the period of time which has elapsed
between the tenant's assertion or exercise of rights under this Article
and the alleged act of retaliation.
3) Retaliation against a tenant because of the tenant's exercise of rights
under this Article is prohibited. Retaliation claims may only be brought
in court and may not be addressed administratively. A court may
consider the protections afforded by this Article in evaluating a claim of
retaliation.
(b) Anti -Harassment. No Owner, or any person, acting as a principal or agent,
offering residential real property for rent, or any contractor, subcontractor or
employee of the Owner shall, with respect to residential real property under
any rental agreement or other Tenancy or estate at will, however created, do
any of the following:
1) Interrupt, terminate, or fail to provide housing services required by
rental agreement or by federal, State, County, or local housing, health,
or safety laws, or threaten to do so, or violate or threaten to violate
Civil Code section 789.3.
A. 'Interrupt, terminate, or fail to provide housing services' in this
provision does not include interruptions, terminations, or failure
to provide housing services as a result of interruptions, outages,
or terminations caused by events or actions outside of the
Owner's control, such as utility outages caused by natural
disaster. Further, this provision does not include stoppages,
outages, terminations, and interruptions properly noticed to
tenants as required by a signed rental agreement.
2) Take any of the following actions in bad faith:
A. Fail to perform repairs and maintenance required by rental
agreement or by federal, State, or local laws;
B. Fail to exercise due diligence in completing repairs and
maintenance once undertaken;
Ordinance No. NS-3010
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C. Fail to follow appropriate industry repair, containment, or
remediation protocols designed to minimize exposure to noise,
dust, lead, paint, mold, asbestos, or other building materials with
potentially harmful health impacts;
D. Conduct elective renovation or construction of unit for the
purpose of harassing a tenant;
E. Refuse to acknowledge or accept receipt of a tenant's lawful
rent payment as set forth in a rental agreement, by usual
practice of the parties, or in a notice to pay rent or quit;
F. Refuse to cash or process a rent check or other form of
acceptable rent payment for over thirty (30) days after it is
tendered;
G. Fail to maintain a current address for delivery of rent payments;
H. Violate a tenant's right to privacy without limitation, by
requesting information regarding residence or citizenship status,
protected class status, or social security number, except as
required by law or in the case of a social security number, for
the purpose of obtaining information for the qualifications for a
Tenancy;
I. Release information protected by the tenant's right to privacy
except as required or authorized by law; or
J. Request or demand an unreasonable amount of information
from tenant in response to a request for reasonable
accommodation.
3) Abuse the right of access into residential real property as established
by Civil Code section 1954 or other applicable law. This includes
entries for inspections that are not related to necessary repairs or
services; entries excessive in number; entries that improperly target
certain tenants or are used to collect evidence against the occupant or
otherwise beyond the scope of an otherwise lawful entry; entries or
demands for entry at times outside of normal business hours, unless
for health and safety reasons or if the tenant agrees otherwise; entries
contrary to a tenant's reasonable request to change the date or time of
entry; photographing or otherwise recording portions of a rental unit
that are beyond the scope of lawful entry or inspection; and
misrepresenting the reasons for accessing residential real property.
Ordinance No, NS-3010
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4) Influence or attempt to influence a tenant to vacate residential real
property through fraud, misrepresentation, intimidation or coercion,
which shall include threatening to report a tenant to the United States
Department of Homeland Security.
5) Threaten the tenant, by word or gesture, with physical harm, or abuse
tenant with words, either orally or in writing, which are offensive and
inherently likely to provoke an immediate violent reaction. This includes
words used during in -person conversations, through social media
postings or messages, or other communications.
6) Violate any law which prohibits discrimination based on race, gender,
sexual preference, sexual orientation, ethnic background, nationality,
religion, age, parenthood, marriage, pregnancy, disability, human
immunodeficiency virus (HIV)/ acquired immune deficiency syndrome
(AIDS), occupancy by a minor child, or source of income.
7) Take action to terminate any Tenancy including service of any notice to
quit or other eviction notice or bring any action to recover possession
of a rental unit based upon facts which the Owner has no reasonable
cause to believe to be true or upon a legal theory which is untenable
under the facts known to the Owner. No Owner shall be liable under
this subsection for bringing an action to recover possession unless and
until the tenant has obtained a favorable termination of that action.
8) Remove from the rental unit personal property, furnishings, or any
other items without the prior written consent of the tenant, except when
done pursuant to enforcement of a legal termination of Tenancy.
9) Provide false written or verbal information regarding any federal, State,
County, or local Tenant protections, including mischaracterizing the
nature or effect of a notice to quit or other eviction notice. False
information includes, without limitation, requesting or demanding a
tenant:
A. Sign a new rental agreement not in the tenant's primary
language if:
I. rental agreement negotiations were conducted in the
tenant's primary language;
ii. The existing rental agreement is in the tenant's primary
language; or
iii. Owner is otherwise aware that the new rental agreement
is not in tenant's primary language.
Ordinance No. NS-3010
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B. Enter into a rent repayment plan if the Owner states,
misrepresents, suggests, or implies, that the tenant should or
must do so to take advantage of tenant protection laws that do
not in fact require such plans.
10)Offer payments to:
A. A tenant to vacate more than once in six (6) months, after the
tenant has notified the Owner in writing that the tenant does not
desire to receive further offers of payments to vacate;
B. Attempt to coerce tenant to vacate accompanied with threats or
intimidation. This shall not include settlement offers in pending
eviction actions made in good faith and not accompanied with
threats or intimidation.
11)Communicate with tenant in a language other than tenant's primary
language for the purpose of intimidating, confusing, deceiving or
annoying tenant.
12)Interfere with a tenant's right to quiet use and enjoyment of a rental unit
as that right is defined by law.
13)Commit repeated acts or omissions of such significance as to
substantially interfere with or disturb the comfort, repose, peace, or
quiet of any person lawfully entitled to occupancy of such rental unit
and that cause, are likely to cause, or are intended to cause any
person lawfully entitled to occupancy of a rental unit to vacate such
rental unit or to surrender or waive any rights in relation to such
occupancy.
14)Remove a housing service for the purpose of causing the tenant to
vacate the residential real property. For example, taking away a
parking space knowing that a tenant cannot find alternative parking
and must move.
15)Interfere with the right of tenants to organize as tenants and engage in
concerted activities with other tenants for the purpose of mutual aid
and protection; provide property access to tenant organizers,
advocates, or representatives working with or on behalf of tenants
living at a property; convene tenant or tenant organization meetings in
an appropriate space accessible to tenants under the terms of their
rental agreement; or distribute and post literature informing other
tenants of their rights and of opportunities to involve themselves in
Ordinance No. NS-3010
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their project in common areas, including lobby areas and bulletin
boards.
16)Threatening or intimidating a tenant based on their immigration or
citizenship status or otherwise disclosing a tenant's immigration or
citizenship status in violation of California Civil Code section
1940.35(a) and California Code of Civil Procedure section 1161.4, as
may be amended.
Section 8-1997 — Violations.
It shall be unlawful for any person to violate or fail to comply with any provision of
the ordinance. The violation of any provision of this ordinance shall first be punished
through the use of an administrative citation, as provided in Santa Ana Municipal Code
section 1-21, et seq., prior to prosecution as a misdemeanor or infraction, as provided in
Santa Ana Municipal Code section 1-8.
Section 5. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility it will have a significant effect on the environment, and it is not a
"project," as defined in section 15378 of the State CEQA Guidelines.
Section 6. If any section, subsection, phrase,
any reason held to be unconstitutional, such decision
remaining portions of this ordinance. The City Couni
have passed this ordinance and each section, subs
irrespective of the fact that any one or more sections,
be declared invalid or unconstitutional.
or clause of this ordinance is for
shall not affect the validity of the
;il hereby declares that it would
action, phrase or clause thereof
subsections, phrases, or clauses
Section 7. The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
ADOPTED this 19rh day of October 2021.
Vicente Sarmiento
Mayor
Ordinance No. NS-3010
Page 20 of 21
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
l�
Ryan . H ge
Assist t Ci Attorney
AYES: Councilmembers: Hernandez, Lopez, Phan, Sarmiento (4)
NOES: Councilmembers: Bacerra, Mendoza. Penaloza (3)
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-3010 to be the original ordinance adopted by the City Council of the
City of Santa Ana on October 19, 2021.
Date: !/
Daisy Gomez
Clerk of the Council
City of Santa Ana
Ordinance No. NS-3010
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