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HomeMy WebLinkAboutItem 5.1 HAC Attachment 2 - Draft OrdinanceJanuary 25, 2022 Version Page 1 of 19 ORDINANCE NO. *DRAFT* ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER X.XX OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH RESIDENTIAL LANDLORD AND TENANT PROTECTION PROVISIONS NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter X.XX of the Chula Vista Municipal Code is added as follows: Chapter X.XX RESIDENTIAL LANDLORD AND TENANT PROTECTION ORDINANCE Sections: X.XX.010 Title. X.XX.020 Findings and Purpose. X.XX.030 Definitions. X.XX.040 Termination of Tenancies Prohibited Without Just Cause . X.XX.050 Requirements Upon Withdrawal of a Residential Rental PropertyResidential Rental Unit from the Rental Market . X.XX.060 Requirements Upon Complete Demolition of a Residential Rental PropertyResidential Rental Unit. X.XX.070 Requirements Upon Remodel or Substantial Remodel of a Residential Rental PropertyResidential Rental Unit. X.XX.080 Tenant Harassment/Retaliation Prohibited. X.XX.090 Enforcement and Remedies. X.XX.100 Limitations on Application. Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 2 of 19 CHAPTER X.XX X.XX.010 Title. This chapter shall be known as the Chula Vista Residential Landlord and Tenant Protection Ordinance and may be referred to herein as the Residential Landlord and Tenant Protection Ordinance. X.XX.020 Findings and Purpose. A. Subject to the provisions of appliable law, the purpose of the Residential Landlord and Tenant Protection Ordinance is to require just cause for termination of a residential tenancies consistent with Civil Code section 1946.2, to further limit the reasons for termination of a residential tenancy, to provide for higher tenant relocation assistance in specified circumstances, and to provide additional tenant protections. B. In accordance with California Civil Code Section 1946.2(g)(1)(B), the City Council finds that the provisions of this chapter regulating just cause terminations of tenancies are more protective than California Civil Code Section 1945.2 for the following reasons: 1. The just cause for termination of a residential tenancy under this chapter is consistent with California Civil Code Section 1946.2. 2. This chapter provides additional tenant protections that are not prohibited by any other provisions of applicable law. C. This chapter shall not apply to the types of residential tenancies or circumstances specified in section X.XX.100 below. X.XX.030 Definitions. Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings set forth herein: A. “Bad Faith” means an intent to vex, annoy, harass, provide or injure another person. This includes the intent of an Owner to induce a Tenant to vacate a Residential Rental PropertyResidential Rental Unit through unlawful conduct. A.B. “City” means the City of Chula Vista. Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 3 of 19 B.C. "Disabled" means an individual with a disability, as defined in California Government Code Section 12955.3. C.D. "Elderly" means an individual sixty-two (62) years old or older. D.E. “Housing Service" means repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, pest control services, access to exterior doors, entry systems, and gates, utilities that are paid by the Owner, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, the right to have pets, and any other benefit, privilege or facility connected with the use or occupancy of any Residential Rental PropertyResidential Rental Unit. Housing services to a Residential Rental PropertyResidential Rental Unit shall include a proportionate part of services provided to common facilities of the building in which the Residential Rental PropertyResidential Rental Unit is contained. E. “Individual Rental Unit” means the rental unit rented by the Tenant within the Residential Rental Property. F. “Owner” means any Person, acting as principal or through an agent, having the right to offer a Residential Rental PropertyResidential Rental Unit for rent, and includes a predecessor in interest to the owner. G. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. G.H. “Remodel” means work done by the Owner that changes the structure or appearance of the Residential Rental Unit. H.I. “Residential Rental PropertyUnit” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park. I. “Substantial Remodel” means, for an Individual Rental UnitResidential Rental Unit, all the following criteria are met: (1) any structural, electrical, plumbing, or mechanical system is being replaced or substantially modified; (2) the cost of the improvements (excluding insurance proceeds, land costs, and architectural/engineering fees) is equal to or greater than $40 per square foot of the Residential Rental Unitare at least 75% of the cost of newly constructed residential properties of the same number of units and type of construction; (3) a permit is required from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos is required in accordance with applicable federal, state, and local laws and cannot be reasonably accomplished in a safe manner with the Tenant in place; and (4) it is necessary for the Individual Rental UnitResidential Rental Unit to be vacant for more than sixty (60) days. Work that can be performed safely without having the Individual Rental Unit vacated for more than Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 4 of 19 60 days, including without limitation cosmetic improvements such as painting, decorating, flooring replacement, counter replacement, and minor repairs, does not qualify as a Substantial Remodel. J. Cosmetic improvements alone, including painting, decorating, flooring replacement, counter replacement, and minor repairs, or other work that can be performed safely without having the Individual Rental UnitResidential Rental Unit vacated, do not qualify as replacement or substantial modification. J.K. “Tenancy” means the lawful occupation of a Residential Rental PropertyResidential Rental Unit and includes a lease or sublease. K.L. “Tenant” means a tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled under the terms of a rental agreement to the use or occupancy of any Residential Rental PropertyResidential Rental Unit. X.XX.040 Termination of Tenancies Prohibited Without Just Cause A. Prohibition. Subject to applicable law, the Owner of the Residential Rental PropertyResidential Rental Unit shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy. B. Just Cause Circumstances. “Just cause” for purposes of X.XX.040(A) above includes either at -fault just cause or no -fault just cause as follows: 1. “At-fault just cause” is any of the following: a. Default in payment of rent. b. A breach of 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. 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 i n paragraph (4) of Section 1161 of the Code of Civil Procedure. e. The Tenant had a written lease that terminated on or after [DATE], or [DATE], if the lease is for a Tenancy in a mobilehome, 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 Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 5 of 19 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 at the Residential Rental PropertyResidential Rental Unit, 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 property where the Residential Rental PropertyUnit is located, that is directed at any Owner, any agent of the Owner, or any other Tenant of the Residential Rental Unit or of the property where the Residential Rental PropertyUnit is located. 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. h. The Tenant’s refusal to allow the Owner to enter the Residential Rental PropertyResidential Rental Unit as authorized by Sections 1101.5 and 1954 of the Code of Civil Procedure, 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. A Tenant shall not be considered to have used the premises for an unlawful purpose solely on the basis of the fact that the Owner’s Residential Rental Property Residential Rental Unit or Individual Rental Unit is unpermitted, illegal, or otherwise unauthorized under applicable laws. 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 d elivery possession of the Residential Rental PropertyResidential Rental Unit after providing the Owner written notice as provide 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. 2. “No-fault just cause” is any of the following: a. Intent to occupy the Residential Rental PropertyResidential Rental Unit by the Owner or their spouse, domestic partner, children, grandchildren, parents or grandparents. i. For leases entered into after [DATE], or July 1, 2022 if the lease is for a Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 6 of 19 Tenancy in a mobilehome, subsection B(2)(a) shall only constitute no - fault just cause if the tenant agrees, in writing, to the termination, or if a provision of the lease allows th e Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the Residential Rental PropertyResidential Rental Unit. ii. Addition of a provision allowing the Owner to terminate the lease as described in subsection (B)(2)(a) to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subsection (B)(1)(e). b. 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 Rental Property Residential Rental Unit. ii. An order issued by a government agency or court to vacate the Residential Rental Property Residential Rental Unit. iii. A local ordinance that necessitates vacating the Residential Rental PropertyResidential Rental Unit. If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering t he order or need to vacate under this subsection, the Tenant shall not be entitled to relocation assistance as outlined in section X.XX.XXX below. c. Withdrawal of the Residential Rental PropertyResidential Rental Unit from the rental market. In such case, the requirements of section X.XX.050 apply. d. Intent to completely demolish the Residential Rental PropertyResidential Rental Unit to the ground, including removal of the foundation supporting the Residential Rental PropertyResidential Rental Unit . In such case, the requirements of section X.XX.060 apply. e. Intent to Substantially Remodel the Residential Rental Property Residential Rental Unit. In such case, the requirements of section X.XX.070 apply. C. Notice of Tenant Protection Provisions. An Owner of a Residential Rental PropertyResidential Rental Unit subject to this chapter shall provide written notice in no less than 12-point type to the Tenant as follows: “California law limits the amount your re nt can be increased. See Civil Code Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 7 of 19 section 1947.12 for more information. Local law also provides that a landlord must provide a statement of cause in any notice to terminate a tenancy. See Chula Vista Municipal Code chapter X.XX for more information.” For a Tenancy in a mobilehome existing before [DATE], the notice required shall be provided to the Tenant no later than [one month after goes into effect, 2022], or as an addendum to the lease or rental agreement. For a Tenancy in a mobilehome commenced or renewed on or after July 1, 2022, the notice required above shall be included 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. For a non-mobilehome Tenancy existing [DATE], the notice required above shall be provided to the Tenant no later than [one month after goes into effect, 2022], or as an addendum to the lease or rental agreement. For a non-mobilehome Tenancy commenced or renewed on or [DATE], the notice required above shall be included 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. The provision of this notice shall be subject to Civil Code section 1632. D. Notice and Opportunity to Cure Lease Violation. Before an Owner of a Residential Rental PropertyResidential Rental Unit issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to Code of Civil Procedure section 1161(3). If th e 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. X.XX.050 Requirements Upon Withdrawal of a Residential Rental PropertyResidential Rental Unit from the Rental Market A. When an Owner issues a no-fault just cause termination notice based on the withdrawal of a Residential Rental PropertyResidential Rental Unit from the rental market as specified in X.XX.040(B)(2)(c) above , the Owner shall, as authorized by Section 7060.1(c) of the Government Code, provide notice and relocation assistance to the Tenant(s) as follows : 1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 - point font, of: a. The Owner’s intent to withdraw the Residential Rental Property Residential Rental Unit from the rental market. Such notice shall be provided to the Tenant at least 120 days prior to withdrawal of the Residential Rental PropertyResidential Rental Unit from the rental market, or if the Tenant is Elderly or Disabled, such notice shall be provi ded to the Tenant at least 365 days prior to withdrawal of the Residential Rental PropertyResidential Rental Unit from the rental market. The Owner, onat the same daytime it Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 8 of 19 provides notice to the Tenant, shall also provide the City notice of its intent to withdraw the Residential Rental Property Residential Rental Unit from the rental market; and b. The Tenant’s right to relocation assistance or rent waver pursuant to this section. If the Owner elects to waive the Tenant’s rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice; and . b.c. The Tenant’s right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within 30 days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed. 2. Relocation Assistance. The Owner shall, regardless of the tenant’s income, at the Owner’s option, do one of the following to assist the Tenant to relocate: a. Provide a direct payment to the Tenant in an amount equal to two months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental PropertyResidential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, as identified at [website link]; or b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above , prior to the rent becoming due. B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 9 of 19 the actual amount of any relocation assistance or rent waiver provided pursuant to this section shall be recoverable as damages in an action to recover possession. E.F. If the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the withdrawal pursuant to this chapter, if the Tenant has advised the Owner in writing within 30 days of the termination notice of the Tenant’s desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. F.G. This section shall not apply to mobilehome Tenants. The provisions of Chapter 9.40 of this Code shall apply. G.H. An Owner’s failure to strictly comply with this section shall render the notice of termination void. X.XX.060 Requirements Upon Complete Demolition of a Residential Rental Property A. When an Owner issues a no-fault just cause termination notice based on the complete demolition of a Residential Rental Property Residential Rental Unit as specified in X.XX.040(B)(2)(d) above: 1. Notice. The Owner shall provide the Tenant written notice, in no less than 12- point font, of: a. The Owner’s intent to withdraw the Residential Rental Property Residential Rental Unit from the rental market. Such notice shall be provided to the Tenant at least 120 days prior to withdrawal of the Residential Rental PropertyResidential Rental Unit from the rental market, or if the Tenant is Elderly or Disabled, such notice shall be provi ded to the Tenant at least 365 days prior to withdrawal of the Residential Rental PropertyResidential Rental Unit from the rental market. The Owner, at the same time it provides notice to the Tenant, shall also provide the City notice of its intent to completely demolish the Residential Rental Property Residential Rental Unit; and a. b. The Tenant’s right to relocation assistance or rent waver pursuant to this section. If the Owner elects to waive the Tenant’s rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 10 of 19 Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice; and. b.c. The Tenant’s right to receive an offer to renew the Tenancy in the event that new units are constructed on the property within five years, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within 30 days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that new units are constructed on the property; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed. 2. Relocation Assistance. The Owner shall, regardless of the tenant’s income, at the Owner’s option, do one of the following to assist the Tenant to relocate: a. Provide a direct payment to the Tenant in an amount equal to two months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental PropertyResidential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, as identified at [website link]; or b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above. prior to the rent becoming due. B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts due to the Tenant. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. E. If the 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 section shall be recoverable as damages in an action to recover possession. E.F. If the Residential Rental Unit is demolished and new units are constructed on the same property, and offered for rent or lease for residential purposes within five years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the termination pursuant to this chapter, if the Tenant has advised the Owner in writing within 30 days of the termination notice of the Tenant’s desire to consider an offer to renew the Tenancy and has furnished Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 11 of 19 the Owner with an address to which that offer is to be directed. F.G. This section shall not apply to mobilehome Tenants. The provisions of Chapter 9.40 of this Code shall apply. G.H. An Owner’s failure to strictly comply with this section shall render the notice of termination void. X.XX.070 Requirements Upon Remodel or Substantial Remodel of a Residential Rental PropertyResidential Rental Unit. A. When an Owner issues a no-fault just cause termination notice based on the Substantial Remodel of a Residential Rental PropertyResidential Rental Unit as specified in X.XX.040(B)(2)(e) above , the following requirements apply: 1. The Owner shall p rovide notice and relocation assistance to the Tenant(s) as follows: 1. Notice. The Owner shall provide the Tenant written notice, in no less than 12-point font, of: a. The Owner’s intent to withdraw terminate the Tenancy based on the intent to conduct a Substantial Remodel of the Residential Rental PropertyResidential Rental Unit from the rental market . Such notice shall be provided to the Tenant at least 120 days prior to withdrawal conducting the Substantial Remodel of the Residential Rental Property from the rental market , or if the Tenant is Elderly or Disabled, such notice shall be provided to the T enant at least 365 days prior to withdrawal of the Residential Rental PropertyResidential Rental Unit from the rental market. The Owner, at the same time it provides notice to the Tenant, shall also provide the City notice of its intent to conduct a Substantial Remodel the Residential Rental Property Residential Rental Unit; and b. The Tenant’s right to relocation assistance or rent waver pursuant to this section. If the Owner elects to waive the Tenant’s rent as provided in subsection (A)(1)(b)(ii) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice; and. b.c. The Tenant’s right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Tenancy was Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 12 of 19 terminated, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within 30 days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed. 2. Relocation Assistance. The Owner shall, regardless of the tenant’s income, at the Owner’s option, do one of the following to assist the Tenant to relocate: a. Provide a direct payment to the Tenant in an amount equal to two months of the U.S. Department of Housing and Urban Development’s Small Area Fair Market Rents Amount for the zip code in which the Residential Rental PropertyResidential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, as identified at [https://www.huduser.gov/portal/datasets/fmr/smallarea/index.htmlwebsi te link]; or b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(1)(b)(i) above. prior to the rent becoming due. 2. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. 3. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts due to the Tenant. 4. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. 5. If the 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 section shall be recoverable as damages in an action to recover possession. 5.6.If the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Tenancy was terminated based on the intent to conduct a Substantial Remodel of the Residential Rental Unit, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the intent to conduct a Substantial Remodel pursuant to this chapter, if the Tenant has advised the Owner in writing within 30 days of the termination notice of the Tenant’s desire to consider an offer to renew the Tenancy and has furnished the Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 13 of 19 Owner with an address to which that offer is to be directed. 6.7.This section shall not apply to mobilehome Tenants. The provisions of Chapter 9.40 of this Code shall apply. 7.8.An Owner’s failure to strictly comply with this section shall render the notice of termination void. B. In the event it is necessary for a Tenant to temporarily vacate their Individual Residential Unit during a Remodel or during a Substantial Remodel when the Owner has not initiated a termination of the Tenancy, the Owner shall provide notice and relocation assistance to the Tenant(s) as follows following requirements apply: 1. Notice. The Owner shall provide the Tenant reasonable written notice prior to the Remodel or Substantial Remodel , in no less than 12-point font, of: a. (i) An Owner must provide reasonable notice of the following to the Tenant prior to commencement of a Substantial Remodel : (a)Th the specific repairs or alterations to be made in the course of the Remodel or Substantial Remodel, including as to the Individual Rental Unit Residential Rental Unit ; (iib) the basis upon which the Tenant must temporarily vacate the Individual Rental UnitResidential Rental Unit ; and (iiic) an estimate of the amount of time the Individual Rental Unit Residential Rental Unit will need to be temporarily vacated and a date that the Tenant will be able to resume residence at the Individual Rental UnitResidential Rental Unit. .b. The Tenant’s right to temporary relocation assistance or rent waver pursuant to this section. If the Owner elects to waive the Tenant’s rent as provided in subsection (B)(2)(b) below, the notice shall state the amount of rent waived and that no such amount will be credited toward the next rental payment due. Any temporary relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice. 2. Temporary Relocation Assistance. If it is necessary for aThe Owner shall, regardless of the Tenant’s income, at the Owner’s option, do one of the following to assist the Tenant in temporarily relocating: a. to temporarily vacate their Individual Residential Unit for less than 30 days because of a Substantial Remodel, the Owner shall pay actual reasonable costs incurred byProvide a direct payment to the Tenant for lodging away from their Individual Rental Unit in, or an amount equal to the prorated daily amount of the one month’s Tenant’s rent in effect on the date the Tenant must temporarily vacate, whichever is less for the number of days the Tenant is unable to reside at the . The Tenant shall submit receipts to the Owner to support the costs incurred by Tenant for lodging away from their Individual Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 14 of 19 Rental Unit. Individual Residential Unit. Such payment shall be made to the Tenant. In the alternative, the Owner may waive in writing the payment of rent in an amount equivalent to the payment for daily lodging before the next rent payment is due. .b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (B)(2)(a) above prior to the next rent becoming due. 3. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (B)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. 4. If it is necessary for a Tenant vacate their Individual Rental Unit for 30 or more days because of a Substantial Remodel, the rental agreement between the Owner and Tenant shall remain in place, but the Tenant shall not be required to pay rent during the time it is necessary for the Tenant to vacate the Individual Rental Unit because of the Substantial Re During any required temporary vacancy, Tenant shall keep Owner informed of their address and contact information on no less than a monthly basis. The Tenant shall inform the Owner if they intend to terminate their Tenancy and not return to their Individual Rental UnitResidential Rental Unit. I.C. This section shall not apply to mobilehome Tenants. The provisions of Chapter 9.40 of this Code shall apply. X.XX.080 Tenant Harassment/Retaliation Prohibited No Landlord or such Landlord's agent, contractor, subcontractor, or employee, alone or in concert with another, shall do any of the following in Bad Faith to harass or retaliate against a Tenant for exercising their rights under this Chapter: A. No Owner shall, with respect to property used as a Residential Rental Property under any rental agreement or other Tenancy or tenancy at will, however created, do any of the following: 1. Interrupt, terminate, or fail to provide housing services required by contract, by State, County or City laws, or any health or safety laws; 2. Fail to perform repairs and maintenance required by contract or by State, County or City laws, or any health or safety laws; 3. Fail to exercise due diligence in completing repairs and maintenance once undertaken; Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 15 of 19 4. Abuse the Owner's right of access into a Residential Rental PropertyResidential Rental Unit as that right is provided by law. This includes entries for “inspections” that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; 5. Abuse the Tenant with words which are offensive and inherently likely to provoke an immediate violent reaction; 6. Influence or attempt to influence a Tenant to vacate a rental housing unit through fraud, intimidation or coercion; 7. Threaten the Tenant, by word or gesture, with physical harm; 8. Violate any law that prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS, occupancy by a minor child, or any other protected classification; 9. Take action to terminate any Tenancy including service of notice to quit or other eviction notice or bring any action to recover possession of a Residential Rental PropertyResidential Rental Unit based upon facts that the Owner has no reasonable cause to believe to be true or upon a legal theory that is untenable under the facts known to the Owner. No Owner shall be liable under this section for bringing an action to recover possession unless or until the Tenant has obtained a favorable termination of that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a Tenant on behalf of an Owner to recover possession of a Residential Rental PropertyResidential Rental Unit; 10. Interfere with a Tenant's right to quiet use and enjoyment of a Residential Rental PropertyResidential Rental Unit as that right is defined by California law; 11. Refuse to acknowledge receipt of a Tenant's lawful rent payment; 12. Interfere with a Tenant's right to privacy. This includes entering or photographing portions of a Residential Rental PropertyResidential Rental Unit that are beyond the scope of a lawful entry or inspection. B.A. No Owner shall retaliate against a Tenant because of the Tenant's exercise of rights under this chapter. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation. Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 16 of 19 X.XX.090 Enforcement and Remedies. A. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter. Each day that a violation continues is deemed to be a new and separate offense. B. Any waiver of the rights under this Chapter shall be void as contrary to public policy. C. City Attorney Enforcement. The City Attorney may pursue the following actions to enforce this chapter: 2.1. Criminal Penalty. Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) or imprisonment for not more than six months, or by both a fine and imprisonment. At the sole discretion of the City Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction. 3.2. Civil Action. The City, or the City Attorney on behalf of the people of the state of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. The burden of proof in such cases shall be preponderance of the evidence. 4.3. Administrative Citations and Penalties. The City Attorney or an Enforcement Officer may issue administrative citations or civil penalties in accordance with Chapter 1.41 of this Code for violation of any of the provisions of this chapter. When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued. 5.4. Alternative Remedies. The City Attorney may require Owner and Tenant to participate in education programs related to Landlord-Tenant issues, mediation, or an alternative dispute program. 6.5. Subpoena Authority. The City Attorney’s Office may issue subpoenas, including subpoena deuces tecum, for the investigation and prosecution of alleged violations of this chapter. D. Private Remedies. 1. Civil Action. An aggrieved Tenant may institute a civil action for injunctive relief, direct money damages, and any other relief that the court deems appropriate, which Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 17 of 19 such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved Tenant is Elderly or Disabled, the court may award an additional penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court. 2. Affirmative Defense. A violation of this chapter may be asserted as an affirmative defense in an unlawful detainer action. 3. Attorney’s Fees. The court may award reasonable attorney’s fees and costs to a Tenant who prevails in any action described in paragraphs 1 and 2 above. E. Nonexclusive Remedies and Penalties. The remedies specified in this section are cumulative and in addition to any other remedies available under state and local law for violation of this chapter. X.XX.100 Limitations on Application. A. Nothing in this chapter shall be construed as to prevent the lawful eviction of a Tenant by appropriate legal means. B. This chapter shall not apply to the following types of residential tenancies or circumstances: 1. Transient and tourist hotel occupancy as defined in Civil Code section 1940(b). 2. Any residential occupancy by reason of concession, permit, right of access, license or other agreement for a period for 30 consecutive calendar days or less, counting portions of calendar days as full days, including Short-Term Rental occupancies as defined in Chula Vista Municipal Code Chapter 5.68. 3. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly as defined in Health and Safety Code section 1569.2, 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. 4. Residential Property or Dormitories owned by the City, an institution of higher education, or a kindergarten and grades 1 to 12, inclusive. 5. Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental PropertyResidential Rental Unit. 6. Single-family Owner-occupied residencies, including both of the following: Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 18 of 19 a. A residence in which the Owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. b. A mobilehome. 7. 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. Housing that has been issued a certificate of occupancy within the previous 15 years unless the housing is a mobilehome. 8. Residential Rental PropertyResidential Rental Unit, including a mobilehome, 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 member is a corporation. iv. Management of a mobilehome park, as defined in Section 798.2 of the Civil Code. b. The Tenants have been provided written notice that the Residential Rental PropertyResidential Rental Unit is exempt from this section using the following statement: “This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to just cause requirements of Section 1946.2 of the Civil Code and Chapter X.XX of the Chula Vista Municipal Code. This property meets the requirements of sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and section X.XX.XXX of the Chula Vista Municipal Code, and the Owner is not any of the following: (1) a real estate investment trust, as defined in 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.” Draft Residential Landlord and Tenant Ordinance January 25, 2022 Version Page 19 of 19 For a Tenancy in a mobilehome existing before [DATE], the notice required above may, but is not required to, be provided in the rental agreement. For a Tenancy in a mobilehome commenced or renewed on or after [DATE], the notice required above shall be provided in the rental agreement. For a non-mobilehome Tenancy existing [DATE], the notice required above may, but is not required to, be provided in the rental agreement. For a non-mobilehome Tenancy commenced or renewed on or [DATE], the notice required above shall be provided in the rental agreement. Addition of a provision containing the notice required above to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of section X.XX.XXX below. 9. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093 or comparable federal statutes. This paragraph shall not include housing of a Tenant with a Section 8 Housing Choice Voucher. 10. This chapter shall not apply to a homeowner of a mobilehome, as defined in Civil Code section 798.9.