Government Affairs' Blog

Red Alert! Oppose the Chula Vista Evictions Ordinance

Written by Ryan Maxson, Vice President of Government and Public Affairs | May 12, 2022 12:06:47 AM
5/13 UPDATE: Chula Vista Staff Released Draft Ordinances to be Considered on Tuesday, May 17!

Once again, Chula Vista City leaders are set to consider proposals driven by a special interest group that will impose new regulations on housing providers in the city. The details were just released Friday, May 13 and are available as Item 7.2 at: https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda

The Greater San Diego Association of REALTORS® is urging members to TAKE ACTION TODAY to encourage the Chula Vista City Council to oppose these and any other regulations that would establish far-reaching restrictions on evictions and exorbitant penalties on housing providers that will only perpetuate our housing supply crisis!

Please do one or more of the following TODAY:

1. Attend the Chula Vista Council meeting scheduled for Tuesday, May 17 at 5p.m. and speak during Public Comment. The agenda will be available in coming days. 

2. Submit an "eComment" ahead of Tuesday evening's meeting, click on the below action button and provide a brief comment opposing these regulations! Draft remarks are included, but please edit and personalize as you see fit. 

Draft Comment

Please oppose these recent evictions proposals, which would place far-reaching restrictions on our housing providers! Many of these individuals, especially our mom-and-pop housing providers, have worked throughout the pandemic to support their tenants. These same individuals will be most impacted by the regulations and will be driven out of Chula Vista - only to be replaced by large scale investors. These proposals will prevent owners from renovating their property - creating blight in our communities - and would impose restrictive noticing requirements and costly relocation assistance. These actions will have long-term consequences for the supply of safe and affordable housing in Chula Vista. 

3. Email and/or call the Mayor and City Council Members using the above comment or talking points below!

Mayor Mary Casillas Salas | msalas@chulavistaca.gov | (619) 691-5044

Councilmember John McCann (District 1) | jmccann@chulavistaca.gov | (619) 691-5044

Councilmember Jill Galvez (District 2) | jmgalvez@chulavistaca.gov | (619) 691-5177

Councilmember Stephen Padilla (District 3) | spadilla@chulavistaca.gov | (619) 691-5044

Councilmember Andrea Cardenas (District 4) | acardenas@chulavistaca.gov | (619) 691-5044

TALKING POINTS

  • Fund have been available to support tenants struggling to make rental payments. Meanwhile, California is predicted to have a $46 billion budget surplus for the year, so our elected leaders should look to Sacramento for any additional resources that are needed. 

  • This is not an evictions issue - it's an inventory issue created by failed government policies.  

  • The special interest group working to advance this issue is ultimately pushing to have rent control in place. These policies will not only further restrict supply, but studies show they will most negatively impact the struggling tenants the proposal claims to protect!
  • This ordinance will have a devastating impact on our local Chula Vista housing providers, especially seniors, who rely on rental income to sustain their retirement and put food on the table. 

  • The majority of housing providers are independent, “mom-and-pop” housing providers, many of whom worked throughout the pandemic to support struggling tenants and ensure they had access to safe, clean housing.

  • Of note, according to a recent study by the Southern California Rental Housing Association, housing providers in San Diego and Riverside Counties lost approximately $3.8 billion in rental income during the pandemic. Despite the challenges and uncertainty of future rent payments, property managers supported their tenants in several ways, including:

    • 53% of housing providers negotiated temporarily reduced rental rates  

    • 47% of housing providers agreed to waive late fees and penalties 

    • 32% offered a payment plan 

    • 15% removed the penalty for early lease termination 

    • 11% offered rent forgiveness

  • This action is not necessary! The Mayor and City Council should instead work to bring together tenants and landlords to identify existing tools and resources available to support anyone struggling as a result of COVID.

SUMMARY OF KEY PROVISIONS:

Applicability
  • Put in place exemptions consistent with AB 1482 for single family homes, but only if certain noticing is provided to tenants.
    • Note: There is inconsistent messaging as to how this would impact a duplex where the owner is not occupying one of the units.
  • For residential complexes with 3 or more units, the below provisions would apply.
Owner / Family Member Occupation
  • Limited to the owner, spouse, domestic partner, children, grandchildren, parents or grandparents of the owner.
  • Noticing: 30-day noticing requirement for owner or family occupation and 60-days noticing for a government or court order.
  • Relocation Assistance: one-month rent for owner or family occupation and two months for government court order. One month added on to each for situations involving an elderly or disabled tenant. Rent is determined as the HUD small area fair market rents amount for the zip code.
Withdrawal from the Rental Market
  • Noticing: 60-day noticing requirement, which must be provided to the tenant and city on the same day.
  • Relocation Assistance: two-months rent provided to tenants. One month added for situations involving an elderly or disabled tenant. Rent is determined as the HUD small area fair market rents amount for the zip code.
  • Penalties/Other: If rental unit is offered again for rent within two years, and the tenant provided notice of a desire to return to the property, the owner must first offer the property for rent to the tenant. In addition, the owner is liable for six-months of rent payments to the former tenant in the amount of the HUD small area fair market rents amount for the zip code.
Complete Demolition
  • Noticing: 60-day noticing requirement, which must be provided to the tenant and city on the same day.
  • Relocation Assistance: two-months rent provided to tenants. One month added for situations involving an elderly or disabled tenant. Rent is determined as the HUD small area fair market rents amount for the zip code.
  • Penalties/Other: If rental units are developed on the property and available for rent within five years, and the tenant provided notice of a desire to return to the property, the owner must first offer the property for rent to the tenant.
Substantial Remodel
  • Noticing: 60-day noticing requirement, which must be provided to the tenant and city on the same day.
  • Relocation Assistance: two-months rent provided to tenants. One month added for situations involving an elderly or disabled tenant. Rent is determined as the HUD small area fair market rents amount for the zip code.
  • Penalties/Other: If rental unit is offered again for rent within two years, and the tenant provided notice of a desire to return to the property, the owner must first offer the property for rent to the tenant.
Penalties & Enforcement for Harassment/Retaliation
  • Establishes new civil and criminal penalties, including fines and imprisonment.
  • Civil penalties of up to $5,000 per violation per day.