HomeMy WebLinkAbout2023-070 - Call For General Municipal Election to be held on November 5, 2024RESOLUTION NO. 2023-070
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CALLING AND GIVING NOTICE OF A
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY OF SANTA ANA ON NOVEMBER 5, 2024 FOR THE
SUBMISSION OF A BALLOT MEASURE TO THE
QUALIFIED VOTERS PROPOSING A RENT
STABILIZATION AND JUST CAUSE EVICTION
ORDINANCE AND REQUESTING THE ORANGE COUNTY
BOARD OF SUPERVISORS TO CONSOLIDATE THIS
ELECTION WITH THE STATEWIDE GENERAL ELECTION
WHEREAS, on October 19, 2021, pursuant to the City of Santa Ana's police
powers under Charter Section 200 and Article XI, Section 7 of the California Constitution,
the Santa Ana City Council adopted Ordinance No. NS-3009 known as the Rent
Stabilization Ordinance ("RSO") and Ordinance No. NS-3010 known as the Just Cause
Eviction Ordinance ("JCEO"). At the time, these Ordinances were codified in Article X of
the Santa Ana Municipal Code in Division 4 (RSO) and Division 5 (JCEO);
WHEREAS, on October 19, 2021, the Santa Ana City Council also adopted
Resolution No. 2021-054 directing staff to (1) conduct further study of the regulatory
framework and infrastructure necessary to implement residential rent stabilization, just
cause eviction, and other protections for Santa Ana residents facing housing instability;
and (2) include the creation and operation of a Rent Board or similar body, a rent registry,
and the related costs thereof;
WHEREAS, on September 6, 2022, staff presented the Long -Term
Implementation Plan for the RSO and JCEO ("The Plan") to the City Council. The Plan
detailed various best practices based on findings from local sample jurisdictions in
California with similar ordinances;
WHEREAS, on September 6, 2022, the Santa Ana City Council adopted The Plan
and provided direction to staff to prepare amendments to the RSO and JCEO to
implement efficient and effective program services to rental property owners and tenants
and to promote long-term sustainability of the programs;
WHEREAS, On October 18, 2022, the City Council adopted Ordinance No. NS-
3027 which moved the RSO and JCEO from Article X of the Santa Ana Municipal Code
to Article XIX of the Santa Ana Municipal Code. Ordinance No. NS-3027 also amended
the RSO and JCEO to include provisions consistent with The Plan including, but not
limited to, creation of a Rental Housing Board and Rental Registry ("The Council
Ordinance");
Resolution No. 2023-070
Page 1 of 5
WHEREAS, on October 3, 2023, the Santa Ana City Council approved a first
reading of an ordinance (Ordinance No. NS-3052), amending the Council Ordinance to
require two-thirds approval by all Members of the City Council to make certain future
amendments to the Council Ordinance. A second reading was held on October 17, 2023;
WHEREAS, the City Council desires to place a measure on the ballot seeking
Santa Ana voter approval of an ordinance containing the same text as Ordinance No. NS-
3052; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council
is authorized to submit this measure to the voters at the November 5, 2024 General
Municipal Election; and;
WHEREAS, the City Council desires to consolidate the General Municipal Election
or the measure described herein with e Statewide Ueneral Election to be held on
November 5, 2024; and
WHEREAS, the specific terms of the measure to be considered by the qualified
voters is attached hereto as Exhibit "A" (the "Measure') and by this reference made an
operative part hereof, and in accordance with all applicable laws.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct and are hereby
incorporated by reference.
Section 2 Pursuant to the California Elections Code section 9222, and any
other applicable requirements of the laws of the State of California relating to charter
cities, the City Council, by majority vote, hereby calls and orders to be held in the City of
Santa Ana on Tuesday, November 5, 2024, a General Municipal Election for the purpose
of submitting the ballot Measure attached hereto as Exhibit "A" and incorporated herein
by reference to the qualified voters of the City of Santa Ana.
Section 3. The City Council hereby orders that the following ballot question for
the proposed Measure be submitted to the qualified electors of the City of Santa Ana, in
accordance with the California Elections Code:
MEASURE I Yes
Shall the measure adopting a Rent Stabilization and Just Cause
Eviction Ordinance be adopted? No
Resolution No. 2023-070
Page 2 of 5
Section 4. If the Measure receives a majority of the votes cast on it at the
election, the Measure shall be approved and adopted accordingly.
Section 5. The City Clerk, in coordination with the Orange County Registrar of
Voters, is authorized, instructed and directed to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election. The ballots to be
used at the election shall be in form and content as required by law.
Section 6. The City Council consents to the consolidation of the election on
this Measure with all other elections being held in the same territory on November 5,
2024, and to hold and conduct the consolidated election in the manner prescribed in
Election Code Section 10418. In accordance with Section 10403 of the Elections
Code, the Board of Supervisors of Orange County is hereby requested to consent to
consolidation of the election on this Measure with the Statewide General Election and
all other elections being held in the same territory on November 5, 2024, and to having
the Registrar of Voters render such election services to the City of Santa Ana as may be
requested by the City Clerk of said City, the County of Orange to be reimbursed in full
for such services as are performed.
Section 7. The election services requested by the City of the County Registrar
of Voters, or such other official as may be appropriate and which officer is hereby
authorized and directed to perform, if said Board of Supervisors consents, include: the
preparation, printing, and mailing of sample ballots and voter information guides; the
establishment or appointment of precincts, voting centers, and election officers; opening
and closing of voting centers, and making such publications as are required by law in
connection therewith; the furnishing of ballots, voting booths, and other necessary
supplies or materials for voting centers; the canvassing of the returns of the election and
the furnishing of the results of such canvassing to the City Clerk; and the performance of
such other election services as may be requested by the City Clerk.
Section 8. The precincts, ballot drop box locations and hours of operations, vote
center locations and hours of operations, vote -by -mail procedures and timing, and
election officers, and all other persons and procedures for the General Municipal Election
shall be the same as those utilized by the County of Orange.
Section 9. All ballots shall be tallied at a central counting place and not at the
precincts. Said central counting place shall be at a County center as designated by the
Registrar of Voters.
Section 10. The City Clerk is hereby directed to transmit a copy of the Measure
set forth in Section 2 above to the City Attorney, who shall prepare an impartial analysis
of the Measure in accordance with Section 9280 of the Elections Code not to exceed 500
words in length. The impartial analysis shall show the effect of the Measure on existing
law and the operation of the Measure. It shall also include a statement indicating whether
the Measure was placed on the ballot by a petition signed by the requisite number of
Resolution No. 2023-070
Page 3 of 5
voters or by the City Council. In the event the entire text of the Measure is not printed on
the ballot, or in the voter information portion of the sample ballot, there shall be printed
immediately below the impartial analysis, in no less than 10-font bold type, the following:
"The above statement is an impartial analysis of Ordinance or Measure _. If
you desire a copy of the ordinance or measure, please call the election official's
office at (714) 647-6520 and a copy will be mailed at no cost to you." The impartial
analysis shall be filed no later than the deadline for direct arguments.
Section 11. The full text of the Measure shall not be printed in the voter
information guide, and a statement shall be printed on the ballot pursuant to Elections
Code section 9223 advising voters that they may obtain a copy of this Resolution and the
Measure, at no cost, upon request made to the City Clerk.
All persons qualified to vote at municipal elections in the City on the
at the General Municipal Election
Section 13. In all particulars not recited in the Resolution, the election shall be
held and conducted as provided by law for holding general municipal elections in the City.
Section 14. Notice of the time and place of holding the election is hereby given,
and the City Clerk is authorized, instructed, and directed to give further or additional notice
of the election in the time, form, and manner as required by law.
Section 15. The City Clerk shall receive the canvass as it pertains to the election
and shall certify the results to the City Council, as required by law.
Section 16. Pursuant to California Elections Code Section 9295, this Resolution
and the attached Measure will be available for public examination for no fewer than ten
(10) calendar days prior to being submitted for printing in the voter information guide.
Section 17. The City Council finds and determines that this Resolution is not
subject to the California Environmental Quality Act (CEQA) pursuant to sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, as 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. Furthermore, the Resolution
falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section
15061(b)(3), excluding projects where "it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment."
Section 18. If any section, subsection, sentence, clause, phrase or provision of
this Resolution or the application thereof to any person or circumstances is held invalid
or unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City Council
Resolution No. 2023-070
Page 4 of 5
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or provisions thereof be declared
invalid or unconstitutional.
Section 19. This Resolution shall take effect immediately upon its adoption by a
majority of the City Council.
Section 20. The City Clerk is hereby directed to certify to the passage and
adoption of this Resolution and to file a certified copy of this Resolution with the Orange
County Board of Supervisors and the Registrar of Voters of Orange County at least eighty-
eight (88) days before the date of the election.
ADOPTED this 17th day of October. 2023.
Jessie Lopez
Mayor Pro Tem
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Byr =tA.
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Hernandez, Lopez, Phan, Vazquez (4)
NOES: Councilmembers Amezcua, Bacerra, Penaloza (3)
ABSTAIN: Councilmembers None_(0)
NOT PRESENT: Councilmembers None (0)
Resolution No. 2023-070
Page 5 of 5
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached
Resolution No. 2023-070 to be the original resolution adopted by the City Council of the
City of Santa Ana on October 17, 2023.
Date:
Wo
II
A
Resolution No. 2023-070
Page 6 of 5
101117fiG1
ORDINANCE NO. NS-XXXX
MEASURE"
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
SANTA ANA ADOPTING A RENT STABILIZATION AND
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THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS:
Section 1. The People of the City of Santa Ana hereby adopt a Rent
Stabilization and Just Cause Eviction Ordinance and it shall read as follows:
ARTICLE XIX. — RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE
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Section 8-3100 — Title
This Article shall be known in its entirety as the "City of Santa Ana Rent
Stabilization and Just Cause Eviction Ordinance" and, for the sake of convenience, as
the "Rent Stabilization and Just Cause Eviction Ordinance."
Sec. 8-3101. Reserved.
Section 8-3102 — Definitions
a) For purposes of this Article, the words and phrases shall be defined as set
forth herein, unless the context clearly indicates a different meaning is intended.
b) Words and phrases used in this Article, which are not specifically defined,
shall be construed according to their context and the customary usage of the language.
c) Words and phrases defined:
"Annual Allowable Rent Adjustment" means the limit on the Maximum
Allowable Rent Increase, which a Landlord may charge on any Rental Unit
each year.
"Capital Improvement" means an improvement, addition or major repair to
a Rental Unit that were paid for and completed after November 19, 2021
(the effective date of the first adopted Rent Stabilization Ordinance),
provided such new improvement, addition or major repair has a useful life
of five (5) years or more and that is required to be amortized over the
useful life of the improvement, such as: structural, electrical, plumbing, or
mechanism system, roofing, carpeting, draperies, stuccoing the outside of
a building, air conditioning, security gates, swimming pool, sauna or hot
tub, fencing, children's play equipment permanently installed, the
complete exterior painting of a building, and other similar improvements as
defined under the straight line depreciation provisions of the Internal
Revenue Code and the regulations issued pursuant thereto and
determined by the Rental Housing Board. Capital Improvement does not
include normal or routine maintenance, repair, replacements, and/or
deterioration resulting from an unreasonable delay in the undertaking of
completion or after a Notice of Violation by a government agency ordering
repairs.
"City" means the City of Santa Ana.
BaringOfficer" means a person who has been appointed y the
Program Administrator to perform the duties set forth in this Article.
"Housing Services" means those services provided and associated with
the use or occupancy of a Rental Unit including, but not limited to,
insurance, repairs, replacement, maintenance, effective waterproofing and
weather protection, painting, providing light, heat, hot and cold water,
elevator service, window shades and screens, laundry facilities and
privileges, janitorial services, utilities that are paid by the Landlord, refuse
removal, allowing pets, telephone, parking, storage, the right to have a
specified number of Tenants or occupants, computer technologies,
entertainment technologies, including cable or satellite television services,
and any other benefits, privileges or facilities connected with the use or
occupancy of such Rental Unit including a proportionate share of the
services provided to common facilities of the building in which such Rental
Unit is located and/or of the property on which such Rental Unit is located.
"Landlord" or "Owner' means an owner of record, lessor, sublessor or any
person, partnership, corporation, family trust, or any other business entity,
or any successor in interest thereto, offering for rent or lease any Rental
Unit or Mobilehome or Mobilehome Space in a Mobilehome Park in the
City and shall include the employee, agent or representative of the
Landlord if the agent or representative has the full authority to answer for
the Landlord and enter into binding agreements on behalf of the Landlord.
"Mediator" means a person whom the Program Administrator determines
meets all of the following criteria:
1) Has received forty (40) to eighty (80) hours of formal training in
mediation, including training in anti -racism, elimination of bias,
diversity, equity, inclusion, and cultural competency; and,
2) Has mediated Rent disputes and/or has had other experience or
training showing a capability to mediate the issues which arise in
landlord/tenant disputes.
"Mobilehome" means a structure designed for human habitation and for
being moved on a street or highway under permit pursuant to Section
35790 of the Vehicle Code. Mobilehome includes a manufactured home,
as defined in Section 18007 of the Health and Safety Code, and a
Mobilehome, as defined in Section 18008 of the Health and Safety Code,
but does not include a recreational vehicle, as defined in Section 799.29 of
this code and Section 18010 of the Health and Safety Code or a
commercial coach as defined in Section 18001.8 of the Health and Safety
Code.
"Mobilehome Space" means the rental of a spot for a Mobilehome within a
Mobilehome Park by a homeowner, as defined in Civil Code section
798.9, or a resident, as defined in Civil Code section 798.11.
"Mobilehome Park" means an area of land where two or more Mobilehome
Spaces are rented, or held out for rent, to accommodate Mobilehomes
used for human habitation.
"Net Operating Income" means the net revenue received by the Landlord
after paying the normal Operating Expenses (gross revenue less normal
operating expenses).
"Operating Expenses" means the costs of normal operations, including,
but not limited to, management, taxes, insurance, maintenance, repairs
and other recurring costs.
"Program Administrator" is a person designated by the City Manager to
administer the provisions of this Article.
"Rental Registry Fee" or "Fee" means the fee the City imposes on each
Rental Unit to cover the costs to administer the provisions of this Article.
'Rent' means all periodic compensation, including all non -monetary
consideration, that a Tenant provides to a Landlord concerning the use or
occupancy of a Rental Unit, including any amount included in the Rent for
utilities (unless separately billed to the Tenant by the utility company),
parking, storage, pets or for any other fee or charge associated with the
Tenancy for the use or occupancy of a Rental Unit and related Housing
Services. Rent includes, without limitation, the fair market value of goods
accepted, labor performed, or services rendered. With respect to
Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any
regulations of rent, fees, and costs included within the Mobilehome
3
Residency Law, Civil Code section 798, et seq., shall be incorporated into
the definition of Rent, as applicable.
"Rent Increase" means any additional Rent demanded of or paid by a
Tenant for a Rental Unit, including any reduction in Housing Services
without a corresponding reduction in the amount demanded or paid for
Rent; or a pro rata increase in costs of Housing Services apportioned to a
Rental Unit.
"Rental Agreement" means a lease, sublease, or other agreement, written,
oral or implied, between a Landlord and a Tenant for the use and/or
occupancy of a Rental Unit and for Housing Services. With respect to
Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any
regulations of rental agreements or leases within the Mobilehome
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the definition of Rental Agreement, as applicable.
"Rental Housing Board" or "Board" means the Rental Housing Board
established by Division 5 of this Article XIX of Chapter 8 of the Santa Ana
Municipal Code.
"Rental Registry" means the database or portal where Landlords register
Rental Units, update Rental Unit information, update Tenancy information,
submit notices, and pay the Rental Registry Fee.
"Rental Unit" means any building, structure, or part thereof, or any
Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or
available for rent for residential use or occupancy in the City, including the
land appurtenant thereto, together with all Housing Services in connection
with the use or occupancy thereof, including common areas and
recreational facilities held out for use by the Tenant, which is not exempt
pursuant to the exemptions set forth in this Article.
"Residential Real Property" or "Residential Property" means any housing
unit, including a room or group of rooms designed and intended for
occupancy by one or more persons, including a Rental Unit and a
Mobilehome or Mobilehome Space in a Mobilehome Park, offered for rent
or lease in the City.
"Tenancy" means the right or entitlement of a Tenant to use or occupy a
Rental Unit, including a Mobilehome or Mobilehome Space in a
Mobilehome Park.
"Tenant" means any renter, tenant, subtenant, lessee, sub -lessee,
roommate with Landlord's consent, or any other person or entity entitled
under the terms of a Rental Agreement, or by sufferance, or by state or
Iti
federal law, to the use or occupancy of any Rental Unit and (i) has the
legal responsibility for the payment of Rent for a Rental Unit or (ii) has
agreed to pay the Rent for a Rental Unit.
Section 8-3103 — Implementing Regulations, Policies and Procedures
(a) The City Manager or Program Administrator shall have the authority to
promulgate regulations, policies and procedures to implement the
requirements and fulfill the purposes of this Article. No person shall fail to
comply with such regulations, policies and procedures.
(b) The Santa Ana City Council shall not amend this Section without
approval by two-thirds (5/7) of all members of the City Council.
Section 8-3104 — Mobilehome Residency Law
The provisions of this Article shall not supersede the regulations of the state
Mobilehome Residency Law, Civil Code section 798, et seq., as applicable. If there is
any conflict between the terms of this Article and the Mobilehome Residency Law, the
Mobilehome Residency Law shall prevail.
Secs. 8-3105 - 8-3119. Reserved.
DIVISION 2. — JUST CAUSE EVICTIONS
Section 8-3120 — Restrictions on Termination of Tenancy without Just Cause
(a) 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. The provisions of this section
related to the termination of Tenants shall not apply to Mobilehomes or
Mobilehome Spaces in Mobilehome Parks subject to the termination
provisions of the Mobilehome Residency Law, Civil Code section 798.56,
as applicable.
1) The Owner shall post a notice on a form prescribed by the
City, providing information about the existence of this
Division 2 of Article XIX 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 A, 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 2 of
Article XIX 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.
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:
I. A dependent under age eighteen (18);
or
II. A replacement Tenant who moved in
after an approved Tenant vacated the
T
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 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.
►1
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.
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:
I. The Tenant requests permission from the Owner in
writing to sublease the Residential Real Property;
Il. The Tenant continues to reside in the Residential
Real Property as their primary residence;
III. The sublease replaces one (1) 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
2)
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.
No-fault just cause, which includes any of the following:
A.i. Intent to occupy the Residential Real Property by the Owner or their
spouse, domestic partner, children, grandchildren, parents, or
grandparents.
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 twenty-
four (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 twenty-four (24)
months, as affirmed by the Owner in a written affidavit submitted
to the City.
0
C. i. The Owner complying with any of the following:
I. 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.
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
D. i. Intent to demolish or to substantially remodel the Residential Real
Property.
i.l. 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 thirty (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
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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:
A. Be dated and served upon the Tenant, pursuant to at least one (1)
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 Program
Administrator; 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 (1) 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 fifteen (15) calendar days of service of the
notice.
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
is
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, lieensed residential care faeiiil
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 (2) 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 (1) 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 fifteen (15) years.
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:
i. 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 (1) member
is a corporation.
B. i. The Tenants have been provided written notice that the
Residential Property is exempt from this section using the
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following statement: "This property is not subject to the just cause
requirements of Santa Ana Municipal Code Chapter 8, Article XIX,
Division 2. This property meets the requirements of Santa Ana
Municipal Code section 8-3120(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."
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, 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 2 of Article
XIX of Chapter 8 of the Santa Ana Municipal Code for more information."
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(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 (1) of the following:
i. A temporary restraining order, emergency protective order,
or protective order issued within the last one hundred
eighty (180) days pursuant to law that protects the Tenant
or a household member from domestic violence, elder or
dependent,
or stalking; or
ii. The Tenant or a member of their household has filed a
police report within the previous one hundred eighty (180)
days alleging that they are a victim of domestic violence,
elder or 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.
3) The provisions of this Division shall not supersede any other applicable
state laws relating to victims of an act of domestic violence, sexual
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assault, stalking, human trafficking, abuse of an elder or a dependent
adult, or of other specified crimes, as provided for in Civil Code section
1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27.
(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 twenty-one (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.
(1) 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.
0) Any waiver of the rights under this section shall be void as contrary to public
policy.
(k) The Santa Ana City Council shall not amend the provisions of subsection (b)(1)
regarding at -fault just cause and subsection (b)(2) regarding no-fault just cause,
without approval by two-thirds (5/7) of all members of the City Council.
Section 8-3121 — 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 8-3120(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 8-3120(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, through the City's
Rental Registry portal. The Owner shall maintain proof of service to the
City as evidence that the Owner has complied with this section.
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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 8-3122 — Retaliatory Eviction and Anti -Harassment.
(a) Retaliatory Eviction.
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
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.
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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;
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
I 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
17
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.
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
enant 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:
IL
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.
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)lnterfere 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. .
19
15)lntertere 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
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
194U.35(a)and California Code -6T CivilProcedure section
may be amended.
Secs. 8-3123 - 8-3139. - Reserved.
DIVISION 3. — RENT STABILIZATION
Section 8-3140 — Prohibited Increases.
(a) Increases in Rent on Residential Real Property or Mobilehome Spaces
in the City of Santa Ana in excess of three percent (3%), or eighty
percent (80%) of the change in the Consumer Price Index, whichever is
less, and more than one Rent Increase in any twelve (12) month
period, are prohibited, unless expressly exempt under the Costa -
Hawkins Rental Housing Act codified in California Civil Code section
1954.50, et seq., or the Mobilehome Residency Law codified in
California Civil Code sections 798, et seq. If the change in the
Consumer Price Index is negative, no Rent Increase is permitted. The
term Consumer Price Index means, at the time of the adjustment
calculation completed by the City pursuant to subsection (b), the
percentage increase in the United State Consumer Price Index for all
Urban Consumers in the Los Angeles -Long Beach- Anaheim
Metropolitan Area published by the Bureau of Labor Statistics, not
seasonally adjusted, for the most recent twelve (12) month period
ending prior to the City's calculation pursuant to subsection (b). A
violation of this section occurs upon the service of notice or demand for
a prohibited increase in Rent. The Santa Ana City Council shall not
amend this Subsection to allow for increases in Rent on Residential
Real Property or Mobilehome Spaces in the City of Santa Ana in
excess of three percent (3%), or one hundred percent (100%) of the
change in the Consumer Price Index, without approval by two-thirds
(5/7) of all members of the City Council.
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(b) No later than June 30 each year, beginning with the year 2022, the City
shall announce the amount of allowable Rent Increase based on
subsection (a) herein, which shall be effective as of September 1 of
that year.
Section 8-3141 — Reasonable Rate of Return.
This ordinance allows for an annual adjustment of Residential Real Property or
Mobilehome Space Rent of up to three percent (3%), or eighty (80%) of the change in
the Consumer Price Index, whichever is less. A Consumer Price Index -based increase
is found and determined to provide a just and reasonable return on an Owner's
property, and has been adopted to encourage good management, reward efficiency,
and discourage the flight of capital, as well as to be commensurate with returns on
comparable investments, but not so high as to defeat the purpose of curtailing
excessive Rents and rental increases. Notwithstanding the foregoing, however, any
Owner of Residential Real Property or a Mobilehome Park who contends that the limit
on rental increases set forth in Section 8-3140 above will prevent the Owner from
receiving a fair and reasonable return on their property may petition for relief from the
cap set forth in section 8-3140 pursuant to the procedures set forth in this Division.
Section 8-3142 — Fair Return Petition for Rent Increase.
(a) A Landlord may submit a Fair Return Petition to the Program
Administrator in accordance with the procedures set forth in this Division requesting a
Rent Increase in excess of that provided in this Division in order to obtain a fair and
reasonable return on the Rental Unit.
(b) Standard of Review. All relevant factors shall be considered when
evaluating a Fair Return Petition, including, but not limited to, the following:
1) Changes in the Consumer Price Index for All Urban Consumers in
the Los Angeles -Long Beach -Anaheim Metropolitan Area published
by the Bureau of Labor Statistics;
2) The Rent lawfully charged for comparable Rental Units in the City;
3) The length of time since the last determination on a Fair Return
Petition, or the last Rent Increase if no previous Fair Return Petition
has been made;
4) The completion of any rehabilitation work related to the Rental Unit,
and the cost thereof, including materials, labor, construction
interest, permit fees, and other items deemed appropriate;
5) Changes in property taxes or other taxes related to the Rental Unit;
21
6) Changes in the Rent paid by the Landlord for the lease of the
Rental Unit;
7) Changes in the utility charges for the Rental Unit paid by the
Landlord, and the extent, if any, of reimbursement from the
Tenants;
8) Changes in reasonable Operating Expenses;
9) Changes in Net Operating Income;
10) The need for repairs caused by circumstances other than ordinary
wear and tear;
11) The amount and quality of Housing Services provided by the
Landlord to the Tenants;
12) Compliance with any existing Rental Agreement lawfully entered
into between the Landlord and Tenants; and
13) Landlord's substantial compliance with is Article and applicable
housing, health and safety codes.
Section 8-3143 — Capital Improvement Petition
(a) Effective July 1, 2023, or as modified by resolution of the City Council, a
Landlord may submit a Capital Improvement Petition to the Program Administrator in
accordance with the procedures set forth in this Division requesting a pass -through cost
to the Tenants to cover expenses incurred by the Landlord to complete Capital
Improvements for the Rental Unit pursuant to the following provisions:
1) The Capital Improvement was paid for and completed after
November 19, 2021 (the effective date of the first adopted Rent
Stabilization Ordinance);
2) The Capital Improvement was paid for and completed prior to the
filing of the Capital Improvement Petition;
3) A Capital Improvement Petition must be initiated by the Landlord
within two (2) years of completion of the Capital Improvement;
4) A Capital Improvement Petition shall not apply to Rental Units or
new Tenants whose initial Rent was established after the Landlord
completed the Capital Improvement;
5) The Landlord may not require a Tenant to pay any amount of any
cost that is attributable to any period of time that the Tenant was
not entitled to use and occupy the Rental Unit;
6) The Landlord may not require a Tenant to pay more than the
Tenant's share of the cost attributable to that Tenant's Rental Unit
that is permitted to be passed through to the Tenant;
7) If the Capital Improvement inures solely to the benefit of one or
more of the Rental Units, but to less than all, the surcharge shall be
22
so annualized, but shall be applied and/or prorated only with
respect to the one or more Rental Units actually so benefited;
8) Equipment otherwise eligible as a Capital Improvement will not be
considered if a "use fee" is charged (i.e. — coin operated washer
and dryers); and,
9) Pass through costs for Capital Improvements shall not be
considered Rent and shall not be increased when Rent Increases,
nor shall they be considered Rent for purposes of calculating a
Rent Increase.
(b) Calculating Capital Improvements. Any Capital Improvement pass -
through cost must be calculated according to the following:
1) Capital Improvement costs must be amortized over the useful life of
the Capital Improvement, not to exceed ten percent (10%) of the
current Rent; for the purposes of such computation, the current
Rent for any time period shall not include any Capital Improvement
pass -through amounts;
2) For mixed -use structures and Landlord -occupied Rental Units, only
the percent of residential square footage will be applied in the
calculations;
3) If a unit is occupied by an agent of the Landlord, this unit must be
included when determining the average costs per Rental Unit; and,
4) If the Landlord is reimbursed for Capital Improvements (i.e. —
insurance, court -awarded damages, subsidies, etc.), such
reimbursement must be deducted from the Capital Improvements
before costs are amortized and allocated among the Rental Units.
(c) Standard of review. All relevant factors shall be considered when
evaluating a Capital Improvement Petition, including the following:
1) Capital Improvement completed;
2) Landlord's Petition made within two (2) years of completion of
Capital Improvement;
3) Distinguished from ordinary repair or maintenance;
4) For the primary benefit, use, and enjoyment of the Tenant;
5) Permanently fixed in place or relatively immobile and appropriated
to the use of the Rental Unit;
6) No "use fee" or other charge imposed on Tenants for its use; and,
7) Cost -factored and amortized.
Section 8-3144 — Tenant Petition
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(a) Effective July 1, 2023, or as modified by resolution of the City Council, a
Tenant may submit a Petition to the Program Administrator in accordance with the
procedures set forth in this Division on any one (1) or more of the following grounds:
1) To request review of a Rent Increase in excess of the maximum
allowed Rent Increase;
2) To request a reduction in Rent based on decreased Housing
Services;
3) To request a reduction in Rent based on failure of the Landlord to
maintain a habitable premises, including health, safety, fire, or
building code violations;
4) To contest a Capital Improvement cost as an unauthorized or
excessive pass through; or,
5) Fo, a, jy other violation of tl i's Article by the Landlord.
(b) Tenant's time to file a Petition. Where applicable, a Tenant filing a Petition
under this Division shall do so within the following time limits:
1) Tenant receiving a notice of Rent Increase shall have thirty (30)
days after service of such notice to file a Petition for review of Rent;
2) In instances where notice is not provided as required, the Tenant
shall file a Petition for review of Rent within thirty (30) days after
Tenant knew of the alleged failure to comply with the requirements
of this Article; and,
3) For any other violation(s) of this Article by the Landlord, the Tenant
shall file a Petition within one hundred and eighty (180) days of the
alleged violation(s).
(c) Standard of Review. All relevant factors shall be considered when
evaluating a Tenant Petition, including the following:
1) Landlord allows violations of this Article or other applicable state
and local statutes to persist;
2) Any reduction of Housing Services, living space, or amenities;
3) Substantial deterioration of the Rental Unit other than as a result of
ordinary wear and tear;
4) Landlord's failure to provide adequate Housing Services;
5) Tenant provided Landlord with reasonable notice and opportunity to
correct the conditions that provide the basis for the petition; and,
6) Landlord's failure to comply substantially with this Article or
applicable housing, health and safety codes.
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(d) Restoration of Rent Decrease. Where a Rent decrease has been ordered
pursuant to this Division due to a decrease in Housing Services or failure to maintain
habitability, the amount of Rent decreased (return of excess Rent) may be restored in
accordance with procedures set out in the regulations when the former Housing
Services or maintenance levels are reinstated.
Section 8-3145 — Petition Process
A Landlord or a Tenant may file Petitions with the Program Administrator, as
provided in this Division. For purposes of this Petition process, the Landlord and each
Tenant of a Rental Unit that is the subject of a Petition shall be a "party" to the Petition.
The Program Administrator shall promulgate regulations regarding procedures for
Petitions filed under this Article. Petitions shall be governed by such regulations and by
the provisions of this Section. Petitions shall be available 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.
(a) Filing Petition. Upon the filing of a Petition, the Program Administrator
shall notify the petitioner of the acceptance or denial of the Petition based on the
completeness of the submission. The Program Administrator shall not assess the
merits of the Petition, and shall only refuse acceptance of a Petition that does not
include required information or documentation or comply with the requirements of this
Division.
(b) Filing Fee. Fees for the filing of any Petition shall be established by City
Council resolution in the City's Miscellaneous Fee Schedule.
(c) Prior Petition. Notwithstanding any other provision of this Division, no
Petition shall proceed if a decision has been made with regard to a prior Petition based
on the same or substantially the same grounds within the previous one hundred and
eighty (180) days.
(d) No Landlord Petition or upward adjustment of Rent shall be authorized
under this Division if the Landlord:
1) Has continued to fail to comply, after order of the Board, with any
provisions of this Article and/or orders or regulations issued
thereunder by the Board; or,
2) Has failed to bring the Rental Unit into compliance with the implied
warranty of habitability.
(e) Notice of Petition. As soon as possible after acceptance of a Petition, the
Program Administrator shall provide written notice to the Landlord, if the Petition was
filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt
of such a Petition. The written notice shall inform the parties of the Petition process, the
25
right to respond, and include a copy of the completed Petition and supportive
documents. Any response submitted by the responding party will be made available to
the petitioning party.
(f) Hearing Officer. An impartial Hearing Officer appointed by the Program
Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has
the following powers:
1) To make a determination on a Petition; and
2) Any other powers delegated to the Hearing Officer by the Board.
(g) Board Action in Lieu of Reference to Hearing Officer. The Board, on its
own motion, in the Board's sole discretion, may hold a hearing on a Petition without the
Petition first being heard by a Hearing Officer.
(h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing
by the Hearing Officer to be held on a date not more than sixty (60) days from the date
the Program Administrator accepts the Petition. With agreement of the parties, the
Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than
ten (10) days prior to the hearing, the Hearing Officer shall notify all parties as to the
time, date, and place of the hearing.
(i) Consolidation. All Landlord Petitions pertaining to Tenants in the same
building shall be consolidated for hearing, and all Petitions filed by Tenants occupying
the same building shall be consolidated for hearing, unless the Program Administrator
or Hearing Officer finds good cause not to consolidate such Petitions.
Q) Right of Assistance. All parties to a hearing may have assistance in
presenting evidence and developing their position from attorneys, legal workers, or any
other persons designated by said parties.
(k) Rules of Evidence. Formal rules of evidence shall not be applicable to
hearings on Petitions. At such a hearing, the parties may offer any documents,
testimony, written declarations, or other evidence that, in the opinion of the Hearing
Officer, is credible and relevant to the Petition. The Hearing Officer may consider the
results of inspections of the property in question and the results of any other
investigations conducted by or at the request of the Hearing Officer or Program
Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence
shall be excluded upon order by the Hearing Officer.
(1) Evidence. Any party may appear and offer such documents, testimony,
written declarations, or other evidence as may be pertinent to the proceeding. The
Hearing Officer may require either party to a Petition to provide any books, records, or
papers deemed pertinent, in addition to that information contained in the Petition and
Rental Registry. The Hearing Officer may request the City to conduct a current building
inspection if the Hearing Officer finds good cause to believe the current information
does not reflect the current condition of the Rental Unit. All documents required under
IW
this section shall be made available to the parties involved prior to the hearing. In cases
where information filed in a Petition or in additional submissions filed at the request of
the Hearing Officer is inadequate or false, no action shall be taken on said Petition until
the deficiency is remedied.
(m) Quantum of Proof. The party who files the Petition shall have the burden
of proof. No Petition shall be granted unless supported by the preponderance of the
evidence submitted at the hearing.
(n) Time for Decision. The policies and procedures adopted by the Board
shall provide for final action on any Petition within a reasonable time.
(o) Notice of Decision. The Hearing Officer shall make a determination on the
merits of the Petition and shall provide a written statement of decision, including findings
upon which the determination is based. The Hearing Officer's decision on a Petition
may be reasonably conditioned in any manner necessary to effectuate the purposes of
this Article. Additionally, the parties to the hearing shall also be notified of their right to
any appeal allowed by the Board and/or to judicial review of the decision pursuant to
this Division.
(p) Hearing Record. The record of the hearing shall include: the Petition; all
exhibits, papers, and documents required to be filed or accepted into evidence during
the proceedings; a list of participants present; a summary of all testimony accepted in
the proceedings; a statement of all materials officially noticed; all recommended
decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the
reasons for each final decision, order and/or ruling. All hearings shall be recorded.
(q) Appeal. Any person aggrieved by the decisions of the Hearing Officer
may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30)
days after receipt of the notice of the decision of the Hearing Officer. On appeal, the
Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the
Board elects to conduct a de novo hearing, Board review of the Hearing Officer's
decision shall be based on the hearing record without holding a new hearing. The
Board may consider additional evidence for good cause, including evidence which did
not exist at the time of the hearing or which could not be discovered using due diligence
by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition
shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of
the Santa Ana Municipal Code.
(r) Finality of Decision. The decision of the Hearing Officer shall be the final
decision of the Board in the event of no appeal to the Board. The decision of the
Hearing Officer shall not be stayed pending appeal; however, in the event that the
Board on appeal reverses or modifies the decision of the Hearing Officer, the Board
shall order the appropriate party to make retroactive payments, as applicable, to restore
the parties to the position they would have occupied had the Hearing Officer's decision
been the same as that of the Board.
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Section 8-3146 — Voluntary Mediation
(a) Voluntary mediation services shall be provided by the City. Upon request,
the Program Administrator shall appoint a Mediator and set a date for a mediation no
later than thirty (30) days after the acceptance of the subject Petition, unless the
Program Administrator determines that additional time is required under the
circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in
writing of the date, time, and place of the mediation hearing at least ten (10) days prior
to the mediation. This notice shall be served either in person or through ordinary mail or
electronic correspondence.
(b)
Mediators
as
It is the intent and purpose of mediation to provide a process in which
v assist disputants in reaching a voluntary agreement. Accordingly, except
civil or criminal, for failure to participate in the mediation process, and there shall be no
penalty, either civil or criminal, for failure to reach agreement with a disputant in the
mediation process.
(c) Mediation is a voluntary collaborative process wherein the Landlord and
Tenant(s) who have a disagreement can develop options, consider alternatives, and
develop a consensual agreement. The role of the Mediator is to facilitate open
communication to resolve a dispute in a non -adversarial and confidential manner.
(d) If the Landlord and Tenant agree to a resolution, the Mediator may assist
the parties in preparing a written settlement agreement for the signature of the Landlord
and the Tenant, provided that in doing so the Mediator confines the assistance to
stating the settlement as determined by the parties. Such agreement shall constitute a
legally enforceable contract.
(e) Should the parties fail to agree to a resolution, or the Mediator determines
that the parties have reached an impasse, the Mediator may refer the Petition back to
the Program Administrator to continue the Petition review process detailed in this
Division.
(f) All documents and results related to mediations and facilitations held
pursuant to this Article shall be kept confidential and shall be inadmissible as evidence
in any subsequent administrative or judicial proceeding.
(g) The Mediator and/or Program Administrator shall provide documentation and
translation services 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.
IR
Section 8-3147 — Exemptions
(a) Pursuant to the Costa -Hawkins Rental Housing Act, the provisions of this
ordinance regulating the amount of Rent that a Residential Real Property Owner may
charge shall not apply to the following: any Residential Real Property that has a
certificate of occupancy issued after February 1, 1995 (California Civil Code section
1954.52(a)(1)); and, any other provisions of the Costa -Hawkins Rental Housing Act
addressing exemptions, as applicable.
(b) Pursuant to the Mobilehome Residency Law, the provisions of this
ordinance regulating the amount of Rent that a Mobilehome Park Owner may charge for
a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to
a long term (more than one year) Rental Agreement (California Civil Code section
798.17); any newly constructed Mobilehome Space first offered for rent on or after
January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as
a person's primary residence that are not being leased to someone else (California Civil
Code section 798.21); and, any other provisions of the Mobilehome Residency Law
addressing exemptions, as applicable.
(c) Pursuant to the Tenant Protection Act of 2019, Civil Code section
1947.12(d), the provisions of this ordinance regulating the amount of Rent that a
Residential Real Property Owner may charge shall not apply to the following:
(1) 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, low, or moderate income, as defined in Section 50093 of the
Health and Safety Code or comparable federal statutes.
(2) Dormitories owned and operated by an institution of higher
education or a kindergarten and grades 1 to 12, inclusive, school.
(3) Housing that has been issued a certificate of occupancy within the
previous 15 years.
(4) 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:
i. A real estate investment trust, as defined in section 856
of the Internal Revenue Code.
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Q
ii. A corporation.
iii. A limited liability company in which at least one member
is a corporation.
The Tenants have been provided written notice that the
Residential Real Property is exempt from this section
using the following statement:
"This property is not subject to the Rent limits
imposed by Santa Ana Municipal Code section 8-
3140 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; a corporation; or
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 a 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.
(5) A property containing two separate dwelling units within a single
structure 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, and neither
unit is an accessory dwelling unit or a junior accessory dwelling
unit.
Section 8-3148 — Rent Increase Ineffective.
No Rent Increase shall be effective if the Owner:
(a) Fails to substantially comply with all provisions of this Division, including
but not limited to the failure to provide notices as required; or
(b) Fails to maintain the Residential Real Property or Mobilehome Space in
compliance with California Civil Code Sections 1941.1 et seq. and California Health and
Safety Code sections 17920.3 and 17920.10, except as to Mobilehomes and
Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks
Act, Health and Safety Code section 18200, et seq.; Manufactured Housing Act, Health
30
and Safety Code section 18000, et seq.; or the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as
applicable; or
(c) Fails to make repairs ordered by the City or court of competent
jurisdiction.
(d) No Rent Increases shall take effect for any Rental Unit unless the
Landlord has accurately completed the Rental Unit Registration.
Section 8-3149 — Notice Requirements.
(a) An Owner of any Residential Real Property or Mobilehome Space subject
to this provision shall, on or before the date of commencement of a Tenancy, give the
Tenant a written notice in a form prescribed by the City which must include the following
information:
(1) The existence and scope of this Division 3 of Article XIX of Chapter
8 of the Santa Ana Municipal Code; and
(2) The Tenant's right to respond to any Fair Return or Capital
Improvement Petition filed with the City by the Owner pursuant to
this Division.
(b) As part of any notice to increase Rent, an Owner must include:
(1) Notice of the existence of this Division 3 of Article XIX of Chapter 8
of the Santa Ana Municipal Code; and
(2) The Tenant's right to respond to any Fair Return or Capital
Improvement Petition filed with the City by the Owner pursuant to
this Division, unless such Rent Increase is pursuant to an approved
Fair Return Petition.
(3) No Rent Increase shall take effect until the requirements of this
Division have been met.
(c) The Owner must give notices to the Tenant in the language that the
Owner and Tenant used to negotiate the terms of the Tenancy (e.g., English, Spanish,
Chinese, Tagalog, Vietnamese, and Korean) as well as English.
(d) Any notices or documents required to be provided from a Landlord to a
Tenant by this Article or any other federal, state, or local law, including, but not limited
to, notice of Rent Increase and notice of eviction, shall be provided to the City through
the Rental Registry portal.
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Secs. 8-3150 - 8-3159. - Reserved.
DIVISION 4. — RENTAL REGISTRY AND RENTAL REGISTRY FEE
Section 8-3160 — Rental Registry
Effective July 1, 2023, or as modified by resolution of the City Council, the City
shall create a Rental Registry and all Landlords with Rental Units in the City of Santa
Ana shall complete and submit Registration Forms for each Rental Unit pursuant to
the following:
(a) Initial Registration. A Landlord must file an initial Registration Form with
the 6ity for each Rental Unit that is subjeet to the provisions of thus
Article. Registration of a Rental Unit shall not be complete until an Owner
has:
1) Completely and accurately provided a Registration Form; and,
2) Paid all fees owed to the City with respect to the Rental Unit
including Registration Fees imposed pursuant to this Article.
(b) Change of Ownership or Management.
1) Whenever a change in ownership of a Rental Unit occurs, the
Landlord shall provide the City with written notice of the change in
ownership, including the date of transfer, and the name, address
and contact information of the new Owner, within thirty (30) days
of the close of escrow.
2) The new Owner is required to file a Registration Form with the
City within sixty (60) days of such change. The new Owner's
Registration Form will only be accepted by the City if it is
accompanied by a copy of a written notification on a form
prescribed by the Program Administrator from the Landlord to all
Tenants advising the Tenants of the change in ownership of the
building and setting forth the name, address and contact
information of the new Owner and of the new Owner's property
manager or representative, and a declaration that the new Owner
served the written notification on all the Tenants.
3) Registration amendments also shall be required to be filed with
the City within sixty (60) days of a change of the property
management or authorized agent or if the address of the Owner
or authorized agent changes.
(c) Re -Registration Following a Vacancy. A Landlord shall, in the manner
described herein, re -register a Rental Unit with the City within thirty (30)
days after a vacancy has occurred and the Rental Unit is re -rented.
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(d) Claim of Exemption. Any Landlord that is claiming any exemption from
this Article must file a claim of exemption with the City. The Landlord
shall provide the City, on a form approved by the Program Administrator
and accompanied by supporting documentation, a written declaration
stating the facts which support the claim of exemption from the
provisions of this Article. If the written declaration and supporting
documents are not submitted by July 1 of each year for any Rental Unit,
that Rental Unit shall be deemed to be subject to the provisions of this
Article. If the Board determines that any Unit was incorrectly registered
as exempt due to any affirmative misrepresentation by the Owner, the
exemption for that Unit may be revoked retroactively, and the Unit will be
subject to any applicable enforcement measures.
(e) Termination of Exemption. Any time a Rental Unit that has been
exempted under the provisions of this Article loses its exempt status due
to termination of the conditions qualifying it for exemption, the Landlord
of such Rental Unit is required to file a Registration Form for said Rental
Unit within thirty (30) days of the change in status.
(f) Annual Requirement. For the subsequent years after the initial
Registration date, each Registration Form and claims of exemption(s)
must be annually filed on or before July 1 of each year. The Rental
Housing Board may modify the annual registration date.
(g) Contents of Registration Form. The Rental Registration Form shall
completely and accurately provide the following information from the
Landlord for each Rental Unit as of the date of filing the Registration
Form:
1) Address of each Rental Unit including identifying number or letter;
2) Number of bedrooms and bathrooms in the Rental Unit;
3) Name, current address, and contact information of current
Owners, authorized representatives and property managers;
4) Date of assumption of ownership by current Owners;
5) Current Rent;
6) Date and amount of last Rent Increase; and
7) Move -in date of current Tenant(s).
The Board and/or Program Administrator may adopt policies and
procedures that require additional information to be collected and
recorded in Registration Forms in furtherance of the objectives of this
Article.
(h) Affidavit. All Rental Registration Forms provided by Landlords in
accordance with this Division shall include an affidavit signed by the
Landlord declaring under penalty of perjury that the information provided
in the Rental Registration Form is true and correct.
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(i) Notices. Any notices or documents required to be provided from a
Landlord to a Tenant by this Article or any other federal, state, or local
law, including, but not limited to, notice of Rent Increase and notice of
eviction, shall be provided to the City through the Rental Registry portal.
(j) Proper Registration. Registration of a Rental Unit shall not be complete
until the Landlord has:
1) Paid all fees and penalties owed to the City with respect to the
Rental Unit, including the Rental Registry Fee, imposed pursuant
to this Article; and
2) Filed a complete and accurate Registration Form for that Rental
Unit including all information required by this Division and any
policies and procedures adopted by the Board and/or Program
Administrator.
(k) Commencing October 1, 2023, the City may commence enforcement
against any Landlord who fails to register a Rental Unit, or provide
current and accurate data regarding a Rental Unit, according to this
Division. Furthermore, no Landlord shall advertise for rent, demand or
accept Rent for a Rental Unit, or evict any Tenant from a Rental Unit, if
the Rental Unit Registration is not complete and accurate. In addition, no
petition, application, claim or request, and no Rent increases shall take
effect for any Rental Unit unless the Landlord has accurately completed
the Rental Unit Registration.
(1) The Santa Ana City Council shall not amend the Rental Registry without
approval by two-thirds (5/7) of all members of the City Council.
Section 8-3161 — Rental Registry Fee
Effective July 1, 2023, or as modified by resolution of the City Council, an
annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All
Landlords with Rental Units that are subject to this Article shall pay the Rental Registry
Fee as established by the City Council. The Rental Registry Fee is to fund the City's
cost to implement, administer, monitor, support, and enforce the provisions of this
Article.
(a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee
for each of the Landlord's Rental Units in the City. The amount of the
Fee shall be determined by resolution of the City Council adopted from
time to time and set forth in the City's Miscellaneous Fee Schedule. The
Fee shall not exceed the amount found by the City Council to be
necessary to administer the provisions of this Article, and the City
Council's findings in this regard shall be final. The Santa Ana City
Council shall not amend the provisions establishing the Rental Registry
Fee without approval by two-thirds (5/7) of all members of the City
Council.
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(b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental
Registry Fees shall be due and owing on July 1 each year, or within
thirty (30) calendar days of any subsequent changes to the Rental Unit.
(c) Late Payment. Any Landlord responsible for paying the Rental Registry
Fee who fails to pay the Fee by October 1, or within sixty (60) calendar
days of any mid -year due date, will be delinquent and shall, in addition to
the Fee, pay additional late charges, penalties of assessments as
determined by resolution of the City Council. The amount of Rental
Registry Fee and any penalty imposed by the provisions of this Article
shall be deemed a debt to the City.
(d) Pass Through to Tenants. After timely payment of the Rental Registry
Fee, the Landlord may pass through up to fifty percent (50%) of the Fee
to Tenants of the applicable Rental Unit, to be paid by the Tenant in
twelve (12) equal monthly installments. The Fee pass -through shall not
be considered part of the Rent in calculating any Rent Increase. If a
Landlord fails to timely pay the Fee and becomes delinquent, neither the
Fee nor any penalties can be passed through to the Tenant. In the event
a Tenant paid Registration Fee pass -through costs in excess of that
permitted by this Division, the Landlord shall reimburse the Tenant for
the Registration Fee pass -through cost overpayment.
1) No Pass -Through for Subsidized Tenants. No portion of the
Registration Fee may be passed through to Tenants who reside in
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, low, or moderate income, as defined in Section 50093 of the
Health and Safety Code or comparable federal statutes.
Section 8-3162 — Education and Outreach.
The Program Administrator shall have the authority to contract with community -
based organizations for them to assist in the education and outreach related to this
Article.
Secs. 8-3163 - 8-3179. - Reserved.
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DIVISION 5. — RENTAL HOUSING BOARD
Section 8-3180 — Rental Housing Board
There is hereby created and established a Rental Housing Board to perform the
functions designated in this Article. The composition of the Board and selection of
Board Members shall be based upon the following:
(a) Membership of Board. The Rental Housing Board shall consist of seven
(7) Board Members. Each City Councilmember shall appoint one (1)
Board Member, to be approved by the City Council, in an equitable order
based upon a random lottery process. The Board Members of the Rental
Housing Board shall be comprised of:
1) Three (3) Tenants, including at least one (1) Mobilehome Tenant;
2) Two (2) Landlords; and
3) Two (2) at -large Members with no financial interest in and no
ownership of income -generating rental housing.
(b) Chairperson. The Board shall elect annually one (1) of its Members to
serve in the capacity as Chairperson.
(c) Eligibility. Residents of the City are eligible to serve as members of the
Board.
(d) Full Disclosure of Holdings. Nominees for the position of Board Member
shall submit a verified statement listing all of their interests and dealings
in real property, including, but not limited to, ownership, sale or
management of real property during the previous three (3) years. The
Board may promulgate additional regulations.
(e) Conflict of Interest. Board Members shall be subject to the requirements
of the California Political Reform Act and other applicable state and local
conflict of interest codes. Accordingly, a Board member shall be
disqualified from participating in any hearing on an application, petition,
or appeal where the Board Member is either the Landlord or a Tenant
residing at the subject property, or has any other form of conflict of
interest.
(f) Training Required. All Board members shall attend training as
designated by the Program Administrator.
(g) Amendment of Rental Housing Board. The Santa Ana City Council shall
not amend this Section without approval by two-thirds (5/7) of all
members of the City Council.
Section 8-3181 — Rental Housing Board Member Term and Compensation
(a) Term. Board Members shall serve for a term of four (4) years or until their
respective successors are appointed or qualified, but in no event shall any persons be
36
eligible for reappointment who has served three (3) consecutive terms of four (4) years
each, irrespective of what seat or seats the Board Member is appointed to by the City
Council. However, the City Council may remove a Board Member at any time for any
reason.
(b) Compensation. Fifty dollars ($50.00) per meeting, plus fifty dollars
($50.00) per month automobile allowance.
Section 8-3182 — Rental Housing Board Powers and Duties
(a) The Rental Housing Board shall have the following powers and duties:
1) To hold regular meetings at least once each calendar month, or as
needed, as fixed by the by-laws of the Board.
2) Conduct hearings on petitions, applications, and appeals of
hearings determined by a Hearing Officer submitted by Landlords
or Tenants under this Article. Any fees for such hearings shall be
established by City Council resolution in the City's Miscellaneous
Fee Schedule.
3) Promulgate and implement policies and procedures for the
administration and enforcement of this Article. Make such studies,
surveys, and investigations, conduct such hearings, and obtain
such information as is necessary to carry out its powers and duties.
4) Review and assess yearly that sufficient number of staff are
employed, including a Program Administrator, Hearing Officers,
housing counselors and legal staff, as may be necessary to perform
its function efficiently in order to fulfill the purpose of this Article.
5) Any other duties as necessary to administer and enforce this
Article.
6) Such other duties as are designated by resolution of the City
Council.
Section 8-3183 — Rental Housing Board Policies and Procedures
The Board shall issue and follow such policies and procedures, including those
which are contained in this Article, as will further the purposes of the Article.
Section 8-3184 — Rental Housing Board Meetings
(a) The Board shall hold such regularly scheduled meetings as are necessary
to ensure the timely performance of its duties under this Article. All regular and special
meetings shall be called and conducted in accordance with state law.
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(b) Quorum. Four (4) members of the Board shall constitute a quorum for the
transaction of business.
(c) Voting. The affirmative vote of four (4) members of the Board is required
for a decision, including all motions, rules, regulations, and orders of the Board.
Section 8-3185 — Judicial Review
Any decision of the Rental Housing Board shall be final unless judicial review is
sought in a court of competent jurisdiction within thirty (30) days of the date of the
Board's decision. The Board decision shall take effect immediately unless provided
otherwise in the decision, regardless of whether a party seeks judicial review.
DIVISION 6. — ENFORCEMENT AND REMEDIES
Section 8-3200 — Violations
(a) It shall be unlawful for any person to violate or fail to comply with any
provision of this Article. The violation of any provision of this Article 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.
(b) Civil Action. Any aggrieved person, including the City and the People of
the State of California, may bring a civil action for damages for any violation of this
Article or the rules, regulations, orders and decisions of the Rental Housing Board. The
burden of proof in such cases shall be by a preponderance of the evidence. No
administrative remedy need be exhausted prior to filing a civil suit pursuant to this
section.
(c) Injunctive Relief. Any person who commits an act, proposes to commit an
act, or engages in any pattern and practice that violates this Division, or the policies,
procedures, regulations, rules, orders and decisions of the Rental Housing Board, may
be enjoined therefrom by any court of competent jurisdiction. An action for injunction
under this section may be brought by any aggrieved person, including the City and
People of the State of California. No administrative remedy need be exhausted prior to
filing an action for injunctive relief pursuant to this section.
(d) Affirmative Defense. A Landlord's failure to comply with any requirement
of this Article may be asserted as a complete affirmative defense in an unlawful detainer
or any other action brought by the Landlord to recover possession of the Rental Unit.
Additionally, any attempt to recover possession of a Rental Unit in violation of this
Article shall render the Landlord liable to the Tenant for damages in a civil action for
m
wrongful eviction. The prevailing party in an action for wrongful eviction shall recover
costs and reasonable attorneys' fees.
(e) Public Nuisance. In addition to other penalties provided by law, any
condition caused or permitted to exist in violation of any provision of this Article shall be
deemed a public nuisance and may be summarily abated as such by the City, and each
day such condition continues shall constitute a new and separate offense.
(f) Non -Exclusive. The remedies provided in this Article are not exclusive,
and nothing in this Article shall preclude any person from seeking any other remedies,
penalties or procedures provided by law, nor is exhaustion of remedies under this
section a prerequisite to the assertion of any other such right.
Secs. 8-3201 - 8.3299. - Reserved.
Section 2. To the extent that changes in state or federal law adopted after this
Ordinance, conflict with this Ordinance, the Santa Ana City Council shall be authorized
to make any changes and modifications necessary to conform to the changes in state or
federal law without presenting the matter for a vote of the People of the City of Santa
Ana.
Section 3. If approved by the voters, this Ordinance shall be codified in Article
XIX of Chapter 8 of the Santa Ana Municipal Code.
Section 4. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The People of the City of Santa Ana hereby
declare that they would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 5. Pursuant to California Elections Code Section 9222, this Ordinance
must approved by a majority of the eligible voters of the City of Santa Ana voting at the
General Municipal Election of November 5, 2024.
Section 6. In the event that this measure and any other measure relating to
rent stabilization, rent control, or just cause eviction shall appear on the General
Municipal Election ballot for November 5, 2024, the other measure(s) shall be deemed
to be in conflict with this measure. In the event that this measure receives a greater
number of affirmative votes, the provisions of this measure shall prevail in their entirety,
and the provisions of the other measure(s) shall be null and void. However, if this
measure is approved by the voters but superseded in whole or in part by another
conflicting measure approved by the voters at the same General Municipal Election, and
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such other conflicting measure is later found to be or held invalid, this measure shall be
self-executing and given full force and effect.
Section 7. This Ordinance shall become effective ten days (10) days after the
City Council has certified the results of the General Municipal Election by resolution.
Section 8. Following the City Clerk's certification that the qualified voters of
Santa Ana have approved this Ordinance, the Mayor shall sign this Ordinance and the
City Clerk shall cause the same to be entered into the book of original ordinances of
said City; and shall cause the same, or a summary thereof, to be published as required
by law.
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