City of San Diego Approves “No-Fault” Evictions Moratorium
Despite vocal opposition from REALTORS®, housing providers and several other stakeholders, the City of San Diego “No-Fault” evictions moratorium was approved by City Council and will take effect starting in May. The ordinance was first approved on April 4 and received a second and final vote on April 19. These regulations, which place significant restrictions on no-fault evictions, will remain in effect until September 30, 2022 or 60 days after the end of the local emergency declaration, whichever comes first.
Ordinance Summary:
- Eliminates lease terminations in most situations and impose new advance noticing requirements for the following:
- 6-months advance notice for withdrawing units from the rental market.
- 90-days advance notice for occupation of the unit by the owner or the owner's parent, child, grandparent or grandchild.
- Limit lease terminations for substantial renovation to only situations in which the work is in response to a government or court order or where an immediate health or safety risk exists. Require 60-day notice in these situations.
- Eliminate the ability of the owner to terminate the lease for the purpose of a transaction.
Resources:
No Fault Evictions Moratorium
City of Chula Vista: Proposed Evictions Restrictions - Action Alert Coming Soon!
You probably won’t be surprised to hear that the on-again, off-again debate over a potential anti-housing provider ordinance in the City of Chula Vista is back on. Despite Chula Vista Mayor Mary Salas sharing just last month that the issue is essentially put to rest, the City Council is now expected to consider a revised version of the ordinance at their May 3 meeting.
We’ll be issuing a call-for-action on this issue and need the support of every real estate professional, property owner and even tenant who will be impacted by this misguided proposal!
Summary Details (from Chula Vista Housing Advisory Commission Staff Report):
Just Cause/No-Fault Evictions
- Consistent with Civil Code Section 1946.2 for rentals with 1 or 2 units;
- Applicable to complexes with 3 units or more:
- Increased noticing requirements of 120 days or 365 days for elderly/disabled;
- Relocation assistance equivalent to 2 months of the U.S. Department of Housing and Urban Development Small Area Fair Market Rent (“HUD SAFMR”) for the zip code of the unit, reference Attachment No. 6 for current rates;
- First right of refusal for new residential units; and
- Additional tenant protections that are not prohibited by any other provision of law.
Ellis Act/Removal from Rental Market Evictions
- Consistent with state law for rentals with 1 or 2 units;
- Applicable to complexes with 3 units or more:
- Noticing consistent with state law of 120 days or 365 days for elderly/disabled; and
- Relocation assistance equivalent to 2 months of the HUD SAFMR at time of noticing.
Anti-Harassment/Retaliation
- Refines harassment and retaliation behaviors and the term “quiet use and enjoyment”; and
- Provides mechanisms for resolution.
Remedies and City Enforcement
- Specifies civil damages and City authority.
Resources:
City of Chula Vista Housing Advisory Commission Staff Report
Draft Ordinance