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Home My WebLink About2022-04-19 HAC Special Agenda Packet . Date:Tuesday, April 19, 2022 Time:6:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA The Housing Advisory Commission has transitioned back to holding live, in-person meetings. Public Comments: Public comments may be submitted to the Housing Advisory Commission in the following ways: •In-Person comments during the meeting. Join us for the Housing Advisory Commission meeting at the time and location specified on this agenda to make your comments. Please visit www.chulavistaca.gov/boardmeetings for current mask requirements and other safety protocols. •Submit an eComment. Visit www.chulavistaca.gov/boardmeetings, locate this meeting, and click on the comment bubble icon. Click on the item you wish to comment on, and then click on "Leave Comment." The commenting period will close one hour before the meeting. All comments will be made available to the Commission and the public. •Mail or email comments. Submit comments via email to HAC@chulavistaca.gov or by mail to Housing Advisory Commission, 276 Fourth Ave, Chula Vista, CA 91910. Please send comments early; written comments received within one hour of the meeting may not be distributed until the following day. Accessibility: Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a Civil Service Commission meeting by contacting the Office of the City Attorney Department Staff at HAC@chulavistaca.gov (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. 1.CALL TO ORDER 22.ROLL CALL Commissioners Bustamante, Cabral, Hoyos, Lisama, Merino, Paddock and Robinson Opeodu 3.CONSENT CALENDAR (Items 3.1 through 3.2) The Commission will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Commissioner, member of the public, or staff requests that an item be removed for discussion. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 3.1.Approval of Meeting Minutes Recommended Action: Commission approve minutes 3.2.WRITTEN COMMUNICATIONS Communication from Commissioner Bustamante requesting an excused absence from the January 31, 2022 Housing Advisory Commission meeting. Recommended Action: Commission approve the absence 4.PUBLIC COMMENTS Persons may address the Commission on any subject matter within the Commission’s jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Commission may schedule the topic for future discussion or refer the matter to staff. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 5.PRESENTATIONS 5.1.NEW HOUSING PROGRAM: OVERVIEW OF AN UPCOMING ACCESSORY DWELLING UNIT ASSISTANCE PROGRAM Presenter: Mark Barnard, Management Analyst 6.ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting or submit an electronic comment per the instructions on page one of this agenda. 6.1.CONSIDER ENTERING INTO AN AGREEMENT WITH KINGDOM CAUSE DBA CITY NET FOR HOMELESS BRIDGE SHELTER OPERATIONS Recommended Action: Commission provide an advisory recommendation to City Council on approving an agreement with Kingdom Cause dba City Net for operations and services at the Homeless Bridge Shelter 2022-04-19 HAC Agenda 2 of 3 66.2.CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Recommended Action: Commission provide an advisory recommendation to City Council on approving a Residential Landlord and Tenant Ordinance OTHER BUSINESS 7.STAFF COMMENTS 8.CHAIR'S COMMENTS 9.COMMISSIONERS' COMMENTS 10.ADJOURNMENT to the meeting of the Housing Advisory Commission on July 27, 2022. Materials provided to the Housing Advisory Commission related to any open-session item on this agenda are available for public review by contacting the Development Services Department at HAC@chulavistaca.gov. 2022-04-19 HAC Agenda 3 of 3 1 SPECIAL MEETING OF THE HOUSING ADVISORY COMMISSION Meeting Minutes January 31, 2022, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Commissioner Cabral, Commissioner Lisama, Commissioner Vikki Robinson Opeodu, Commissioner Paddock Absent: Commissioner Bustamante, Commissioner Hoyos, Commissioner Merino Also Present: Senior Management Analyst Dorado, Acting Housing Manager Kurz Others Present Management Analyst Barnard, Secretary Zepeda and Development Services Technician Ramos _____________________________________________________________________ 1. CALL TO ORDER A special meeting of the Housing Advisory Commission of the City of Chula Vista was called to order at 6:08 p.m. in Council Chambers, located at City Hall (building #A), 276 Fourth Avenue, Chula Vista, California 2. ROLL CALL Secretary Zepeda called the roll. 3. CONSENT CALENDAR (Items 3.1 through 3.2) 3.1 APPROVAL OF SPECIAL MEETING MINUTES OF DECEMBER 8, 2021 Moved by Commissioner Lisama Seconded by Commissioner Paddock 2 Commission approve minutes Yes (4): Commissioner Cabral, Commissioner Lisama, Vikki Robinson Opeodu, and Commissioner Paddock Result:Carried (4 to 0) 3.2 WRITTEN COMMUNICATIONS Moved by Vikki Robinson Opeodu Seconded by Commissioner Lisama Commission approve absence Yes (4): Commissioner Cabral, Commissioner Lisama, Vikki Robinson Opeodu, and Commissioner Paddock Result:Carried (4 to 0) 4. PUBLIC COMMENTS No public comments received 5. ACTION ITEMS 5.1 CONSIDERATION OF RECOMMENDING ADDING A PROPOSED LANDLORD AND TENANT ORDINANCE TO THE CHULA VISTA MUNICIPAL CODE Housing Manager Kurz requested input from commission on the proposed landlord and tenant ordinance before taking it to council. In October of 2021 city staff was given a referral by council to address certain issues that had been occurring. Over several months council heard from tenants regarding evictions that were occurring due to substantial rehab. Staff also heard from a few tenant advocacy groups and their concerns about potential loopholes in State Law. City Council directed staff to look specifically at substantial rehabilitation, removing properties from the rental market, harassment and retaliation and how the city can be more involved in the process. From a staff perspective, staff wanted to ensure stakeholders involvement in the process and evaluate what resources the city may need in order to enforce any ordinance. Kurz asked for input on the draft ordinance with hopes of presenting it to council in a February meeting. Deputy City Attorney McClurg continued by sharing an overview of State Law and the three main laws that currently apply to Chula Vista. 3 The first is the Ellis Act which relates to weather a landlord or owner can take a rental property off the rental market. The second main law is the anti-harassment provision in the Civil Code and identifies a few ways landlords are prohibited from discriminating against tenants. The third major provision is the Tenant Protection Act that requires landlords or owners to have a legal reason for terminating a tenancy that's been in place for at least a year and is divided into two sections, at fault termination or no fault termination. The Ellis Act and the Tenant Protection Act do allow local jurisdictions to provide their own protective measures. Management Analyst Barnard continued by presenting that there are currently thirty jurisdictions in California that have passed additional Just Cause/Anti-Harassment Ordinances, he also shared San Diego County trends and data provided by the City's fair housing provider CSA. Kurz shared the following alternative solutions, continued education for both tenants and landlords, city enforcement for business license, using statewide industry partners for tenant defense and dispute resolution/mediation. McClurg concluded by providing a brief overview of the draft ordinance which include twelve additional forms of harassment defined and you are not allowed to retaliate against tenants if they exercise their right under the ordinance. Ellis act provides one month of relocation assistance, but the draft ordinance increases that assistance to two months. She also explained that all the provisions in the ordinance would not apply to mobilehome parks as they fall under the city's municipal code under chapter 9.40 and the draft ordinance has further defines what a substantial remodel is. She concluded by requesting input from the commission. Commissioners asked some clarifying questions before hearing public comments. Thirty public comments were heard, twelve in support and eighteen in opposition, fifty emails were received in opposition and thirty-nine eComments received, five in support and thirty-four in opposition of the ordinance. City Attorney Googins provided guidance to the commission in regards to the recommendation that needs to be made in order for staff to proceed with presenting the ordinance to council. Kurz stated she was aware that more work was needed with stakeholders. In conclusion commissioners asked who would be enforcing this ordinance, clarification if mobilehomes are included in the ordinance, they need a clearer understanding of state law and how it protects tenants, and all agreed that more education is 4 needed for both landlords and tenants and perhaps mediation between the two. A ten minute recess was requested with meeting resuming at 9:04 p.m. Commission review Attachment 2, hear the presentation and provide an advisory recommendation to City Council 5.2 CONSIDERATION OF RECOMMENDING PROPOSED "THE RESIDENCES AT ESCAYA" AND "CASALAGO EASTLAKE" WORKFORCE HOUSING PROJECTS Housing Manager Kurz provided a brief background to the workforce housing projects that were presented to the commission back in December and she is requesting an advisory recommendation to move forward to council with the two projects, CasaLago and The Residences at Escaya. This project now has a third party reviewer, Mark Sawicki with RSG and engaged with an outside attorney to be able to assist with moving this forward. Back in October council adopted a policy that would allow staff to bring forward workforce housing and part of that process includes bringing the project forward to the commission for consideration of the application. Per the policy the maximum number of units that can be converted is 1911. If both of the projects are approved 272 units would be converted, that would leave around 1200 units to do additional projects. Senior Management Analyst Dorado continued by providing an overview of the properties and explained how the city does not have an existing affordable housing covenant due to the city's balance community's policy. Mr. Sawicki with RSG continued by sharing the financial analysis for Escaya. He shared that the recommended approach for cities is to proceed cautiously looking at these as it is a new program. Under the program, the city incurs minimal costs by abilities and administrative responsibilities in connection with membership in the JPA and monitoring the program. The city is not the bond issuer and provides no funding or credit enhancement, the acquisition bonds do not diminish the city's issuing capacity and they are backed solely by the project's revenues, this means it's a low risk for the city but also a high return opportunity and the city gets all of the equity upside after the bonds are paid off. The downside to the projects is that the city is foregoing property tax and the projects not being able to meet it's debt. Dorado continued by providing an overview of the CasaLago property with Mr. Sawicki sharing the financial analysis for the property. CasaLago is a much larger property meaning borrowing will be larger and it will need to rely on reserves, they would need the reserves 5 to pay debt service for at least the first four years and would begin to repay principal by year eight. City Attorney Googins shared with the commission that there is still work that needs to be done with the documents received and ensuring this project aligns with the city's housing policy. The chair and commissioners had some clarifying questions regarding the percentage amount of rent increases and if there are currently any other project like what is being proposed and how are they working out. In conclusion the commission gave consensus to staff to continue with the project and present to council. Commission review attachment 3, hear the presentation and provide an advisory recommendation to City Council OTHER BUSINESS 6. STAFF COMMENTS Housing Manger Kurz shared that the Emergency Rental Assistance Program (ERAP) has stopped accepting applications as the program has ended. Senior Management Analyst Dorado shared that the city applied for additional funding for the Emergency Rental Assistance Program and are waiting for a response=se from the State Treasury Department. 7. CHAIR'S COMMENTS Chair Cabral thanked everyone for coming and staying so late and welcomed the new commissioner. 8. COMMISSIONERS' COMMENTS None 9. ADJOURNMENT The meeting was adjourned at 10:00 p.m. Minutes prepared by: Monica Rodriguez, Secretary _________________________ Monica Rodriguez, Secretary Request for Excused Absence Form – 6/19 REQUEST FOR EXCUSED ABSENCE City of Chula Vista Boards, Commissions, and Committees Name: _________________________________________________ Date of Absence: _________________________________ Board/Commission/Committee: _________________________________________________________________________________ Chula Vista Municipal Code section 2.25.110 (C) allows board/commission/committee members, by a majority vote, to excuse a fellow board, commission, or committee member’s absence from a meeting for any of the reasons listed below. A member who is absent from three consecutive, regular meetings will be deemed to have vacated his or her membership, unless the member’s absence is excused by a majority vote of the other members. An absence is only recorded as “excused” upon receipt of a member’s request and majority vote of the board/commission/committee to excuse the absence. Accordingly, if you have been absent from a regular meeting, please complete and submit this form to the chair or secretary. Please indicate the reason for the absence: 1. Illness of the member, family member of the member, or personal friend of the member; 2. Business commitment of the member that interferes with the attendance of the member at a meeting; 3. Previously scheduled vacation of the member, notice of which was provided to the respective board or commission in advance of the meeting; 4. Attendance of the member at a funeral, religious service or ceremony, wedding, or other similarly significant event; 5. Unexpected, emergency situation that prohibits the member’s attendance; or 6. Other reason for which the member has given notice to the secretary of his or her unavailability at least seven days in advance of the meeting. OR The absence was not for any of the above-listed reasons. I understand that the absence will be recorded as unexcused. I certify the reason for the absence indicated above is true and correct. Member’s Signature: __________________________________________________________ Date: _____________________________ If completed by secretary or staff to board/commission/committee: Completed on member’s behalf by: _____________________________, per member’s Verbal Written request on: _________________. (date) (secretary/liaison’s name) Jennifer Bustamante January 31, 2022 Housing Advisory Commission Monica Rodriguez x 1/31/22 x v.003 Page | 1 City of Chula Vista Boards & Commissions Housing Advisory Commission April 19, 2022 Item No. 5.1 ITEM TITLE New Housing Program: Overview of an Upcoming Accessory Dwelling Unit Assistance Program Location: No specific geographic location. Recommended Action: Commission hear the presentation. SUMMARY In January 2022, the City of Chula Vista submitted a proposal for funding through the San Diego Association of Governments (“SANDAG”) Housing Acceleration Program (“HAP”) to create the City of Chula Vista Accessory Dwelling Unit (“ADU”) Assistance Program. In March 2022, the City received notification of award for the program in the amount of $180,719.68. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. DISCUSSION In 2019 the California State Assembly passed AB 671, which required local governments to include plans to incentivize and promote the creation of ADUs in the Housing Element of their General Plan. The City of Chula Vista’s 2021-2029 Housing Element outlines various housing policies to accommodate and promote the construction of affordable ADUs, particularly for special needs groups, seniors, and persons with disabilities. Housing Policies 2.11 and 2.12 within the Housing Element (pages H-52 and H-54, respectively) would be achieved by the creation of this ADU assistance program. These housing policies specifically listed exploration of permit ready ADUs as a goal to be completed withing 12 months of adopting the City’s June 2021 ADU Ordinance. In the Fall of 2021, SANDAG solicited applications for its HAP, which aims to fund planning activities that will accelerate housing production, facilitate implementation of the 6th Cycle Regional Housing Needs Assessment (“RHNA”), and build local jurisdictions’ capacity to compete for funding statewide through the California Department of Housing and Community Development (“HCD”) Prohousing Designation Program. The HAP program provides grants and technical assistance to local jurisdictions to accelerate housing production as well as promote equity and sustainability in housing planning and production. In late January 2022, the City submitted a HAP bid to establish the Chula Vista ADU Assistance program and received formal approval of the bid from the SANDAG Board of Directors on March 11, 2022. Page | 2 Proposed Program Overview The proposed ADU Assistance program will accomplish various goals defined in the City’s 2021-2029 Housing Element. The $180,719.68 in HAP funds will allow Chula Vista to establish a one-stop-shop webpage featuring: (1) pre-approved ADU designs; (2) property specific planning software; and (3) a list of ADU Frequently Asked Questions (“FAQs”), making ADU construction more affordable and streamlined. The following program elements will be implemented between Spring 2022 and June 2023 using SANDAG HAP and matching funds: • Creation and publication of pre-approved ADU plans. Pre-approved ADU plans will substantially reduce costs and reduce the overall permitting process timeline for homeowners interested in constructing ADUs. With the program’s implementation, we anticipate reducing the overall permitting for ADUs to under four months. The City of Encinitas, and other jurisdictions within the region, have implemented successful pre-approved ADU plan programs. Request for Qualifications (“RFQs”) for pre-approved plan creation are anticipated to be developed and released within approximately one month following a Notice to Proceed (“NTP”) from SANDAG. • Easily accessible webpage. The program will primarily be accessed through the City’s ADU webpage, which will become a one stop shop for ADU planning and permitting. This webpage will feature snapshots of the pre-approved plans, a link to the ADU planning software, a link to permitting fees, and a detailed list of FAQs developed by city staff. • Planning software application. The City will partner with a software developer to create an application that allows homeowners to explore where pre-approved plans can be placed on their property. The application will be user friendly and will include preprogrammed planning regulations like setbacks and zoning specific to the City of Chula Vista. • Deferred low-interest loans for ADU construction by low-income households. The program will include a pilot program with priority for existing participants of Chula Vista's First-Time Homebuyer Program to provide deferred low-interest loans for ADU construction. These properties are deed restricted for affordability, ensuring the pilot promotes ADU construction for low-income households. This portion of the program will use $200,000 in matching funds from the Chula Vista Housing Authority fund. Tonight’s action includes appropriations of funds for this purpose. The goal of this pilot program would be to provide more low-income housing opportunities near transit rich portions of the city, while also providing these homeowners with an extra source of income. The pilot program will be assessed for a potential future ADU loan program. While this portion of the program is not funded through HAP it was included in the city’s application as a promise of matching funds for overall program development. Future ADU Program Goals for Chula Vista Acceptance of the HAP funds will mark the first major step in creating a larger Chula Vista ADU program that will accomplish the ADU goals established in the 2021-2029 Chula Vista Housing Element. Future efforts of the City’s ADU programs may include assistance for converting garages into ADUS, and an amnesty fee offset for existing under-permitted ADUs. Overall, these actions and programs will advance the City’s ability to Page | 3 utilize ADUs as a source of affordable housing, putting the City on track to meet objectives of the mid-cycle ADU Production Evaluation described in the 2021-2029 Housing Element. Conclusion The proposed program will advance opportunities to provide housing options throughout the City of Chula Vista and will create a streamlined process for ADU construction. The acceleration of ADU construction through the City of Chula Vista ADU Assistance program will add to the City’s housing stock, while providing low-income households with additional income, and further City goals related to: • Housing Equity - The program’s pilot for the deferred low-interest loans will take place in households primarily located in Western portion of Chula Vista. Much of Western Chula Vista contains low-mod census tracts as defined by HUD. Many programs managed by the city, community organizations and school districts have focused efforts on providing equitable opportunity for families and individuals to access services and opportunities within this area of the city. The ADU Assistance program will further this effort to help revitalize some of the cities aging housing stock and provide opportunity to house individuals with an affordable new option, in areas with accessible transportation to services. • Sustainability - Since the ADU program would be piloted in homes in the western portion of the city, the first ADUs constructed under the program would be in the portion of the city with the highest concentration of transit coordinators, therefore reducing the need for more vehicles and the distance needed to travel by vehicle for the new residents residing in the ADUs. This will help the city accomplish many of the sustainability and carbon reduction goals establish in the Climate Action Plan adopted by the city in 2017. It is expected that City Council will take formal action to accept the funding in May 2022. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Housing Advisory Commissioner do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any Housing Advisory Commission Commissioner, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. Staff Contact: Mark Barnard, Management Analyst April 19, 2022 Presented by: Mark Barnard,Management Analyst I Housing Advisory Commission Item 5.1 ACCESSORY DWELLING UNITS (ADUs) ADUS OVERVIEW Accessory Dwelling Units Benefits: •Excellent way to increase production of housing units and housing density. •Creates a more affordable housing option in areas zoned residential. •Provides extra income to homeowners. Impediments to ADU Production: •Burdensome Permitting Process. •Expense (Can be up to $130,000+). CHULA VISTA ADU OBJECTIVES 2021-2029 Housing Element ADU Goals •Increase ADU production. •Permit Ready ADUs. •Garage conversions. •Amnesty for under permitted ADUs. •ADUs for special needs groups (seniors, low-income, persons w/disabilities, etc.). SANDAG HAP GRANT San Diego Association of Governments Housing Acceleration Program (HAP) Grant Award: $180,720 HAP Funding Will Provide: •ADU resource page on City website, including FAQs. •Pre-approved ADU plans for permit ready design and construction. •A property specific planning software. •A commitment of $200,000 in matching funds from the City. SANDAG HAP GRANT NEXT STEPS CLASS B CLASS CNext Steps: 1.May 10th City Council approval of HAP Grant Funds. 2.Summer 2022 website launch. 3.Fall 2022 pre-approved plan and software creation. 4.Future Program Activates: •Pilot loan program. •ADU amnesty fee offsets. •Garage conversions. Questions and Discussion Chula Vista ADU Program v.003 Page | 1 City of Chula Vista Boards & Commissions Housing Advisory Commission April 19, 2022 Item No. 6.1 ITEM TITLE Service Agreement: Consider Entering into an Agreement with Kingdom Cause dba City Net for Homeless Bridge Shelter Operations Location: Homeless Bridge Shelter - 205 27th Street, Chula Vista, 91911 Recommended Action: Commission provide an advisory recommendation to City Council on approving an agreement with Kingdom Cause dba City Net for operations and services at the Homeless Bridge Shelter. SUMMARY The City of Chula Vista desires to enter into a service provider agreement with Kingdom Cause dba City Net (“City Net” or the “Shelter Operator”), for up to three (3) years with a total budget of $5.7 million (the “Agreement”), to provide a year-round (365 days per year) bridge housing program for persons experiencing homelessness within the City of Chula Vista. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the CEQA State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. DISCUSSION The national homelessness crisis affects nearly every community. The potential causes of homelessness are varied and further complicated by the wide range of affected people including single adult men and women, families, single mothers with children, transitional age youth, seniors, and veterans. The complexity and diversity of its population creates significant challenges for the City of Chula Vista as it seeks ways to assist the homeless. This problem is further exacerbated for communities that lack safe sheltering options (beds) as clients navigate and attempt their transition into a more stable living situation. Unfortunately, unsheltered persons frequently occupy public spaces and other places not meant for human habitation, which poses a significant threat to the health and safety of these individuals who are already vulnerable to illness, crime, malnutrition, and harmful weather exposures (such as excessive heat, excessive cold, rain, and flooding). Thus, the establishment of emergency housing is of urgent necessity for the preservation of life, health, and property. Identifying shelter options to address the homelessness crisis has been a priority for the City for several years. In an effort to address the lack of available beds and housing options, the City created three programs: Page | 2 • “Chula Vista Seven” - a project consisting of seven scattered housing units designated for extremely low-income households [0 – 30% of area median income (“AMI”)], which are now occupied by previously homeless families, who are finding their way back to self-sufficiency. • Hotel/Motel Voucher Program - Understanding the critical need of emergency shelter beds, an alternative was created with voucher program funding, providing up to 28 days of a safe space for our Homeless Outreach Team (“HOT”) Team and clients to work together towards stabilization. • Tenant-Based Rental Assistance Program - For those requiring longer term housing assistance, HOME Investment Partnerships Program (“HOME”) funds were earmarked to provide up to twenty-four (24) months of rental assistance. Not only have these programs positioned the City of Chula Vista in the right direction but created a clear path of the future goals to develop a more permanent solution in the form of a Bridge Shelter and/or Permanent Supportive Housing. As these programs are fully operational and have proven to be a great resource and solution for many clients, City staff continued with its planning efforts on developing the first homeless bridge shelter in the City of Chula Vista. On October 26, 2021, the City Council by Resolution No. 2021-211 authorized the purchase of 65 Pallet Shelter Units for the purposes of developing the City’s first Homeless Bridge Shelter (“Shelter”) on a City-owned property located at 205 27th Street, Chula Vista, CA 91911. The Shelter will provide a year-round (365 days per year) bridge housing program for approximately sixty-five (65) persons, at a time, experiencing homelessness in the city (the “Program”). The Program will provide safe, bridge housing, as well as stabilization and supportive services, to prepare them for the most appropriate longer term or permanent housing interventions, contributing to the regional goals of ensuring instances of homelessness are rare, brief, and non-recurring. Contract Selection Process On October 25, 2021, the City of Chula Vista issued a Request for Proposals (“RFP”), seeking a contractor to operate the Shelter. The RFP was posted and made available on the PlanetBids website. At the RFP closing November 12, 2021, three proposals were received. A review was conducted of all proposals determined to be responsive and a source selection committee (inclusive of City staff, a non-profit community representative and a HAC commissioner with expertise in homeless services) evaluated, scored and ranked the responses based on the following criteria: • Operations and Supportive Services • Program Concept and Case Management Plan • Program Readiness • Organizational Experience and Capacity • Community Considerations and Projected Costs All three proposers were invited to meet with member of the source selection committee on March 2, 2022. Below is a summary of the final rankings. Organization Ranking Kingdom Cause dba City Net 1 Alpha Project (in partnership with SBCS) 2 Adjoin 3 Page | 3 After a comprehensive review and consideration, the source selection committee recommended the City of Chula Vista enter into negotiations and subsequently award the contract to City Net. Shelter Operator Experience City Net is an experienced operator in California for solutions like pallet shelter villages and has a comprehensive understanding of the associated costs and operational needs, such as staffing, security, and equipment. City Net has been the operator of several bridge housing and emergency housing options for people experiencing homeless, including COVID quarantine facilities, seasonal winter shelters, and emergency bridge housing solutions from encampment clearings. These sites have ranged from 25 residents to over 100, and have been in cities in Orange, Riverside, and Santa Barbara Counties. Some of these solutions have been enacted in weeks, under intense community, government, and media scrutiny. In each case City Net has been able to staff the sites, intake and manage clients, appease community concerns and fears, satisfy city council requirements and visions, and ultimately save the respective cities money. While City Net was recently contracted by the City of San Diego, they are new to the City of Chula Vista. To help mitigate and address this, City Net has included in its budget plan, a Community Engagement Specialist who will work exclusively on building rapport, relationships, and ownership with the local community, churches, community service organizations, and relevant partner agencies. Such work and focus will help City Net as an organization to build the bridges, ties, and trust that the operator of such a site will need to increase the overall cost-effectiveness, community buy-in, and overall project support and success, as it has seen in previous efforts when it employs this staff role and methodology. Program Description The Shelter is designed to provide safe housing, basic needs, and access in support of moving individuals out of homelessness and into permanent housing opportunities. Operations The Shelter will accommodate indoor, overnight sleeping for up to 65 individuals per evening. Operations at the Shelter are provided 24 hours a day, seven days a week, 365 days per year. To decrease the impact to the surrounding neighborhood, access to bed availability will be handled through a reservation-based system. No walk-ins for the Shelter, or services, will be permitted. The Shelter Operator will provide on-site staff to track daily bed inventory and communicate daily bed vacancies to City staff, City Net outreach staff and the Chula Vista HOT. Only the HOT and City Net outreach can refer individuals to open beds at the Shelter. The Shelter will offer priority to Chula Vista homeless residents who have long-term ties to the community, including other relevant criteria such as level of vulnerability, frequency of service use, and seniors 60 and older. Clients To ensure that the Shelter will meet the needs of the community in serving chronic and vulnerable homeless people, clients will be admitted with minimal, “low- threshold” requirements, so that chronic and vulnerable homeless people can easily enter and remain in shelter until they can find permanent housing. Each client will be screened for sex offender, arsonist and active felony warrant status before admission. As part of the bed reservation system, client screening will take place prior to arrival at the facility. The Program’s target population will be flexible in nature and the shelter may serve more than one sub-population at a time. The number of beds considered “available” may differ slightly at any given time depending on the population or sub-populations being served. Based on current need, the initial clients Page | 4 accessing the Shelter will include homeless single men and single women, 18 years of age and older. Special, alternate accommodations will be made for families who are experiencing homelessness. Services The Program will provide clients with access to a range of programs and supportive services provided by the City and City Net on-site at the Shelter. Case management services will be coordinated with partner agencies. Program Components The Program is housing-focused, which aims to resolve participants’ homelessness as quickly as possible while also meeting client’s basic needs. This includes appropriate 24-hour residential services and staffing which will conduct intakes, screenings, assessments, case conferencing, and includes the following basic elements and/or services: • A maximum of 65 beds for persons experiencing homelessness • At least two meals per day • Showers, wash stations, restrooms, laundry, and belongings storage for participants, in an environment compliant with the Americans with Disabilities Act (“ADA”) • Routine operating supplies, including but not limited to hygiene products • Janitorial and routine maintenance services • Waste removal and disposal services • Regularly laundered linens • Access to testing for communicable diseases provided directly by the City or County of San Diego (including but not limited to Hepatitis A). General Standards Other key operating elements, as more fully defined in the agreement in Attachment 1, include but are not limited to: • Adequate staffing and peer support with appropriate ongoing training for service delivery and data analysis. • 24-hour security and site control to ensure a safe environment at the Shelter for participants, volunteers, and others who may come in contact with the Shelter, including secure entry/exit for participants monitored by staff. • A designated point-of-contact who is available at all times to address issues that may arise at the Shelter and coordinate security issues with the Chula Vista Police Department. • Appropriate policies and procedures for Shelter operations, including intake and guidelines for community living, which will be displayed on-site at all times, and various means for participants to provide feedback to and input into the Shelter. • A written drug- and alcohol-free policy that is posted/displayed at the Shelter at all times, which will include and describe the disciplinary action to result from the illegal use, consumption, distribution, and/or possession of drugs and/or alcohol. • Required data entry, analysis and reporting in the Regional Task Force on Homelessness (“RTFH”)-approved Homeless Management Information System, (“HMIS”) of Program activities as required by RTFH. Conclusion Execution of an Agreement with City Net as the Shelter Operator would be for up to three (3) years with a total budget of $5.7 million and meet one of the highest priority goals for the City to address homelessness. Page | 5 By providing a year-round bridge housing program, the City is filling a large gap for those attempting to transition into a more stable living situation. The initial year of the Agreement would run from April 26, 2022 through April 26, 2023 with a combination of Emergency Solutions Grant (“ESG”) and Permanent Local Housing Agency (“PLHA”) funds as previously appropriated. FUNDING SOURCE YEAR 1 AMOUNT Emergency Solutions Grant $1,000,000 Permanent Local Housing Agency (PLHA) $949,992 TOTAL $1,949,992 The item is scheduled to be heard by City Council on April 26th and it is anticipated that the Shelter will open in Summer 2022. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Housing Advisory Commission members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any Housing Advisory Commission member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. Staff Contact: Angélica Davis, Senior Management Analyst HOUSING ADVISORY COMMISSION PRESENTATION April 26, 2022 ITEM 6.1 –HOMELESS BRIDGE SHELTER OPERATOR –CITYNET Angelica Davis, Sr Management Analyst TIMELIN E Operator April Award Site Improvement Grand Opening June Site Mar Clearance Groundbreaking May Unit Purchase Feb PROJECT OPERATOR •In operation since 2013 •Provides full client services and living amenities •Proven Track-Record •Staffing 24/7 •Goal and understanding that shelter is temporary support as transition into permanent housing. SOURCE FY 2022 FY 2023 FY 2024 ESG-CV $275,000 $1,950,000 $1,070,000 PHLA $0 $0 $1,000,000 TOTAL $275,000 $1,950,000 $2,070,000 USE FY 2022 FY 2023 FY 2024 Ramp-up $200,000 N/A N/A Operations $50,000 $1,756,950 $1,863,000 10%Contingency $25,000 $193,050 $207,000 TOTAL $275,000*$1,950,000 $2,070,000 PROGRAMATTIC FUNDING QUESTIONS and COMMENTS ITEM 6.1 –HOMELESS BRIDGE SHELTER v.003 Page | 1 City of Chula Vista Boards & Commissions Housing Advisory Commission April 19, 2022 Item No. 6.2 ITEM TITLE: Ordinance: Consideration of Establishing Residential Landlord and Tenant Provisions Location: No specific geographic location Recommended Action: Commission provide an advisory recommendation to City Council on approving a Residential Landlord and Tenant Ordinance. SUMMARY With the expiration of California’s COVID-19 related eviction moratorium in September 2021, several tenants’ rights groups began advocating for stronger tenant protections by local governments across the state. In response to reports of tenant harassment and some evictions within Chula Vista, the Alliance of Californians for Community Empowerment (“ACCE”) approached the City of Chula Vista requesting consideration of a local ordinance that would be more restrictive than existing State tenant protections, resulting in a City Council referral on September 14, 2021. The Housing Advisory Commission previously reviewed related item on December 8, 2021 and January 31, 2022. Tonight’s action presents a draft ordinance that is responsive to the City Council referral and provides an opportunity for final input prior to City Council action. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and NEPA. The activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site-specific project(s) and will not result in a direct or indirect physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. DISCUSSION Council Referral Regarding Tenant Protection Provisions During the September 14, 2021 City Council meeting, after several months of public comments regarding the eviction of tenants at two properties within the City of Chula Vista and requests by ACCE, the City Council made a referral to staff to review and address the following key areas of tenant protection law: • Substantial rehabilitation; • Removal from rental market; • Harassment/Retaliation; and Page | 2 • City Remedies & Enforcement. Staff developed a process for addressing the referral as reflected in Exhibit 1 and began due diligence to prepare a Draft Ordinance. Exhibit 1 Tenant Protection Referral Timeline Fact Finding Rental Housing Stock in Chula Vista In 2019, over 33,000 housing units were tenant occupied, equating to 42% of the city’s housing stock, as shown in Exhibit 2. Nearly half of these (48.5%) were provided in complexes with 10 or more units. Exhibit 2 Rental Housing in Chula Vista According to the 2019 U.S. Census Bureau American Community Survey, 48% of the City of Chula Vista’s housing stock was over 40 years of age. In the past five years, according to City building records, less than 70 multi-family market rate properties have undergone substantial rehabilitation (major structural or electrical improvements) which may have required tenants to vacate while work was completed. While it is unknown whether any of these resulted in evictions to tenants, the City of Chula Vista recognizes that the aging housing stock will necessitate additional renovations and substantial rehabilitation in the near future, particularly in the western part of the city. Page | 3 State Tenant Protections Housing provider/landlord and tenant rights around termination of tenancy in the City of Chula Vista currently rely on existing California state laws provided below: • The Ellis Act (1985) allows landlords to remove units from the rental market. The act requires 120-day notices for residents or 365-days’ notice for elderly and disabled residents in rent control jurisdictions that adopt specified regulations. It also allows local jurisdictions to enact more measures to mitigate the impacts on withdrawal of rental units from the market. • Civil Code 1942.5 (1988) prohibits retaliatory evictions. • Assembly Bill 1482 (“AB 1482”) California Tenant Protection Act (2019) established Civil Code Section 1946.2 prohibiting evictions without legally defined reasons (“just cause”). It also established Civil Code Section 1947.12 which prohibits increasing rent more than the Consumer Price Index (“CPI”) plus five percent (up to a maximum of ten percent). In California, over thirty (30) jurisdictions have adopted local ordinances providing tenant protections above and beyond state requirements, approximately nine (9) of which are in non-rent-controlled cities. These ordinances are primarily focused in three areas: 1) Just Cause ordinances defining more specific regulations for sanctioned evictions including displacement requirements, tenant relocation assistance, and a tenant’s first right of refusal for rental units reintroduced to the market in addition to those specified in Civil Code 1946.2; 2) Additional Ellis Act provisions requiring longer noticing periods and greater relocation assistance; and 3) Anti-Harassment ordinances that further define what can be considered inappropriate retaliation from landlords and specify behaviors that are considered tenant harassment. Local tenant protection ordinances vary widely across the state and can have major financial ramifications for both landlords and tenants. Example ordinances are summarized in a comparison matrix provided as Attachment No. 1. In February 2022, staff surveyed seven of the jurisdictions that have or are in process of adopting additional protections and are most similar to the City of Chula Vista (size of the jurisdiction and does not have rent control), reference Attachment No. 2 for a full summary. The survey asked these jurisdictions: (1) resources devoted to implementation of the ordinance; (2) the impact to rental units being remodeled or demolished; and (3) impacts to the number of fair housing complaints. Most of these jurisdictions had passed their ordinance within the last year or two, with Glendale’s 2019 ordinance being the oldest. Because of the recent implementation of these ordinances, and their concurrence with AB-1482 and COVID-19 emergency orders, there is not enough available data to fully measure their impacts. Additionally, City of Long Beach recently had their ordinance approved in February 2022. Long Beach’s ordinance was passed after a lengthy stakeholder process with their City Council approving an ordinance that closely resembles state laws. Locally, the City of San Diego has indicated that Council District 9 is currently drafting an ordinance; however, no outreach to stakeholders, citywide staff or the city attorney’s office has been conducted. No other jurisdictions with the San Diego region reported current efforts on permanent local tenant protections. Termination of Tenancy and Evictions in the City of Chula Vista Due to the short time frame between adoption of AB-1482 and the institution of COVID-19 pandemic-related eviction moratoriums, the true impacts of AB-1482 are relatively unknown. Tenant advocates are concerned that without additional local protections for known gaps in state law, tenants could remain susceptible to no cause/fault evictions. Page | 4 According to the City of Chula Vista’s Fair Housing Administrator, CSA, between July 2015 and June 2018, nearly 800 calls from Chula Vista residents were received. Of those, approximately 30% were related to notices to vacate or evictions. Another 8% reported some type of discrimination, harassment or retaliation and 22% on average indicated that they had rental issues that were related to but not limited to rental increases, illegal entry, quiet enjoyment, and property or lease issues, as summarized in Table 1. Data related to calls from 2019-2021 were not considered in this analysis due to changes in the CSA contract, reporting software and pandemic related issues. During the 2015-2018 period, on average 264 calls were received annually, which equates to less than 1% of all renters in the City (264 out of 33,190). While this is not a significant percent of renters, there may be various reasons including landlords/tenants not having rental concerns or tenants not understanding their rights or being aware of the services and resources available through CSA. Table 1 CSA San Diego Tenant/Landlord Calls (Fiscal Years 2015-2018) 2015-2016 2016-2017 2017-2018 TOTAL FOR PERIOD Total Clients Served 260 275 257 792 Call Issue Calls % of total Calls % of total Calls % of total TOTAL/AVERAGE% Discrimination 9 3% 9 3% 6 2% 24/3% Notice to Vacate 77 30% 76 28% 62 24% 215/27% Evictions 5 2% 10 4% 12 5% 27/3% Harassment 6 2% 8 3% 20 8% 34/4% Retaliation 3 1% 0 0% 1 0% 4/1% Rental Issues 49 19% 61 22% 67 26% 177/22% All other Issues 111 43% 111 40% 89 35% 311/39% Stakeholder Outreach In addition to the HAC meetings on December 8, 2021, and January 31, 2022, the following groups met with City staff between December 2021 and February 2022 to provide feedback on concepts and the Draft Ordinance: • Alliance of Californians for Community Empowerment (ACCE) • California Apartment Association (CAA) • Chula Vista Chamber of Commerce Policy Committee • Pacific Southwest Association of Realtors (PSAR) • San Diego Association of Realtors (SDAR) • Southern California Rental Housing Association (SCRHA) • Western Manufactured Housing Communities Association (WMA) Page | 5 Attachment No. 3 provides a summary of the stakeholder meetings and input received. The feedback is divided into the following categories: • Need for a local ordinance; • Comments specific to the concepts presented in December 2021; • Alternative means to address tenant protection; • A Draft Ordinance as presented in early January 2022; • Comments from the Housing Advisory Commission; and • Comments on a final draft as presented to stakeholders in late February 2022. Draft Ordinance The Draft Ordinance created by staff in response to the City Council referral underwent substantial revisions as the result of stakeholder input and was presented to the HAC on January 31, 2022, with the intent to be presented to Council in early March. The HAC indicated that they wanted staff to continue working with stakeholders to refine the ordinance, look at alternative dispute resolution models, concentrate on affordable housing production and return to the HAC prior to moving forward to Council. As a result of the HAC meeting, a final round of stakeholder meetings was held in late February in which all stakeholders (resident and housing provider representatives) requested that staff hold off on taking the Draft Ordinance forward. In general, landlords have contended from the beginning of the process that local regulations beyond state law are not necessary because a substantial/pervasive problem has not been identified and we have not yet seen what impacts AB-1486 will have on the rental industry, due to pandemic moratoriums on evictions. Resident advocates have contended that without some key elements being included in a local ordinance we are leaving tenants vulnerable to no-fault evictions. Attachment No. 4 highlights the remaining key areas of disagreement, comparing current state law to the proposed Chula Vista Draft Ordinance and stakeholder recommendations. On April 12, 2022 City Council approved an expansion of services contract with CSA San Diego to provide additional data collection and outreach/education to assist in future policy decisions around this topic. At that meeting staff was also directed to bring forward the Draft Ordinance to Council without further delay. The ordinance as presented tonight, in Attachment No. 5, incorporates input received by all stakeholders, provides track changes since the version from January 31st, and addresses the following main areas: • Just Cause/No-Fault Evictions o Consistent with Civil Code Section 1946.2 for rentals with 1 or 2 units; o 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 o Consistent with state law for rentals with 1 or 2 units; o 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. Page | 6 • Anti-Harassment/Retaliation o Refines harassment and retaliation behaviors and the term “quiet use and enjoyment”; and o Provides mechanisms for resolution. • Remedies and City Enforcement o Specifies civil damages and City authority. Conclusion Staff has held over 15 stakeholder meetings throughout the process including two public meetings through the Housing Advisory Commission, in addition to the City Council meeting on April 12th where public testimony was heard in relation to the expansion of services with CSA. The goal has continually been to bring forward a draft ordinance to be responsive to the original council referral to address no-fault evictions related to substantial rehabilitation; removal from rental market; harassment/retaliation; and City remedies and enforcement, for no-fault evictions. The Draft Ordinance as presented in Attachment No. 5 provides tools to clarify state law and provide additional protections for Chula Vista tenants will balancing other stakeholder and City resource concerns. Considerations in this process have included providing residents with additional protections for no-fault evictions, minimally impacting small landlords (“mom and pops”), defining substantial rehabilitation, allowing properties within the city to revitalize as needed due to age while providing resources for tenants to be able to move to a similar unit through longer noticing and additional relocation benefits, and addressing unintentional impacts throughout the process. Commission and public input into tonight’s Draft Ordinance will provide the final outreach prior to Council action. The item is currently scheduled to be heard by City Council on May 3rd. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the Housing Advisory Commissioner do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any Housing Advisory Commission Commissioner, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. ATTACHMENTS 1. Comparison of Local Tenant Protection Regulations 2. Tenant Protection Survey of Similar Jurisdictions 3. Summary of Stakeholder Input December 2021 – February 2022 4. Policy Recommendation Comparison 5. Draft Residential Landlord/Tenant Ordinance 6. HUD Small Area Fair Market Rent for Chula Vista Staff Contact: Stacey Kurz, Housing Manager April 19, 2022 Presented by: Stacey Kurz,Housing Manager Simon Silva, Deputy City Attorney Housing Advisory Commission Item 6.2 RESIDENTIAL TENANT LANDLORD PROVISIONS COUNCIL REFERRAL September 14th Council Referral, to address: •Substantial rehabilitation; •Removal from rental market; •Harassment/Retaliation; and •City Remedies & Enforcement. Staff goals, ensure: •Stakeholder involvement; and •Resources to enforce. PROCESS FOR RESPONDING •Tenants of Smith/Roosevelt (Summer/Fall 2021) •Council Referral (Sep.14) COUNCIL REFERRAL •Stakeholder Meetings (Dec. 1-3) •Housing Advisory Commission (Dec. 8) FACT FINDING •Stakeholder Meetings (Jan. 12- 18) •Housing Advisory Commission (Jan. 31) DRAFT ORDINANCE •Stakeholder Meetings (Feb. 17-23) •City Council (Apr. 12) •Housing Advisory Commission (Apr. 19) •City Council (May) RECOMMENDATION EXISTING LAWS Anti- Harassment (Civil Code section 1942.5) 2019 Tenant Protection Act (AB 1482) Ellis Act (Government Code section 7060, seq.) •Ability to “go out of the rental business” •Rent control Jurisdictions have explicit additional Ellis Act provisions •Prohibits retaliatory evictions •Rent control of 5% + CPI (max 10%) •Legal reason for termination of tenancy •60 day noticing (< 1yr. tenancy) •1-month rental assistance for no fault STAKEHOLDER MEETINGS CLASS B CLASS CStakeholderConcept / Fact Finding Draft Ordinance (1) Draft Ordinance (2) Alliance of Californians for Community Empowerment (ACCE)12/1/2021 1/13/2022 2/23/22 Building Industry Association (BIA)2/1/2022 California Apartment Association (CAA)12/3/2021 1/12/2022 2/17/22 Chula Vista Chamber of Commerce Policy Committee 2/23/22 Pacific Southwest Association of Realtors (PSAR)12/1/2021 1/13/2022 2/17/22 San Diego Association of Realtors (SDAR)1/18/2022 2/17/22 Southern California Rental Housing Association (SCRHA)12/2/2021 1/12/2022 2/17/22 Western Manufactured Housing Communities (WMA)1/18/2022 Housing Advisory Commission (HAC)12/8/2021 1/31/2022 STAKEHOLDER INPUT ON DRAFT ORDINANCE Tenants Housing Providers Need for Local Protections Length of Tenancy Type of Housing First Right of Refusal Substantial Rehabilitation Noticing Relocation Anti-Harassment Provisions STAKEHOLDER INPUT Alternative Solutions Education (Tenants and Landlords). City enforcement for business license re-issuance. Using statewide industry partners for tenant defense. Dispute Resolution/Mediation. WHO IS EXCLUDED •Transient and tourist hotel occupancy •Short term rental occupancies. •Housing in medical, religious, or residential care facilities. •Dorms owned by City or school. •Housing shared with the owner (shared bathroom or kitchen). •Single-family owner-occupied residencies. •Duplex with owner occupying one unit. •Any single-family residence on a separately titled lot. •Deed restricted/affordable housing. PROPOSED ORDINANCE o Prohibits retaliation against tenants for exercising their rights under this ordinance. o Prohibits harassing behavior. o Defines 12 forms of harassment largely pertaining to failing to make repairs, abusive and discriminatory conduct, tenant rights to privacy and quiet use and enjoyment. Anti- Harassment /Retaliation PROPOSED ORDINANCE Removal from Rental Market o Mobilehomes defer to CVMC 9.40. o Applicable to complexes with 3 units or more. o Notice requirement: 120 days or 365 days for elderly/disabled. o Relocation assistance: 2 months of the HUD Small Area Fair Market (SAFMR) rent amount by zip code at time of noticing or waive equivalent amount in rent. PROPOSED ORDINANCE No-Fault Just Cause Termination o Mobilehomes defer to CVMC 9.40. o Applicable to complexes with 3 units or more. o Substantial remodel defined. o Notice requirements for demolition or remodel. o Notice requirement: 120 days or 365 days for elderly/disabled. o Relocation assistance required for termination because of demolition or substantial remodel. o Relocation assistance: 2 months of the HUD Small Area Fair Market (SAFMR) rent amount by zip code at time of noticing or waive equivalent amount in rent. o Relocation assistance required if tenant must temporarily vacate for remodel. PROPOSED ORDINANCE Remedies & City Enforcement o Specifies City enforcement authority. o Identifies private remedies. o Adds alternative options RELOCATION BENEFITS San Diego County, CA Advisory Small Area FMRs By Unit Bedrooms (2022) ZIP Code Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 91902 $1,630 $1,810 $2,320 $3,220 $3,960 91910 $1,270 $1,400 $1,800 $2,520 $3,110 91911 $1,280 $1,420 $1,820 $2,530 $3,090 91913 $1,870 $2,070 $2,660 $3,690 $4,520 91914 $2,090 $2,310 $2,970 $4,120 $5,050 91915 $2,090 $2,310 $2,970 $4,120 $5,050 City Average $1,705 $1,887 $2,423 $3,367 $4,130 Regional Average $1,394 $1,542 $1,979 $2,748 $3,365 STAFF RECOMMENDATION •Commission ask clarifying questions. •Public comments. •Commission discussion on the proposed ordinance. •Provide an advisory recommendation to Council on adopting the ordinance. TENANT/LANDLORD QUESTIONS? Toll Free:1-800-954-0441 Email:outreach@c4sa.org https://www.c4sa.org/ RENTAL ASSISTANCE? Phone: (619) 420-3620 www.chulavistaerap.com 1 of 3 Attachment 1 COMPARISON OF LOCAL TENANT PROTECTION ORDINANCES City Just Cause Ordinance Rent Control Managed By Relocation Assistance Owner Move-in Requirement Substantial Rehab Definition Written Notice Requirement Right of Return and First Right of Refusal Exceptions Tenant Protection/ Harassment Berkeley 13.76.130 Yes Rent Stabilization Board Standard relocation for residents who have occupied unit for more than one year: $16,341 and an additional $5,447 to low-income households, disabled, elderly, families with children, or if residents have occupied the unit since before 1/1/1999. Relocation fees are to be divided among residents. Requires rental property to be occupied by owner or family for at least 36 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market. Rentals owned by government agency, hotels, section 8, hospital rentals, rooms rented in owner's home, dorms. 13.76.140 - Defines 5 types of retaliation. East Palo Alto 14.04.160 Rent Stabiliza tion Rent Stabilization Board Ellis Act requirements only and "powers reserved to the city council" (14.04.220) Requires rental property to be occupied by owner or family for at least 12 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Repairs must not cost less than 10 times the monthly rent and unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market. Hotels, care facilities, nonprofit housing, units shared with the landlord. 14.04.170 - Defines 7 types of tenant harassment. Prohibits 5 types of retaliation. Glendale 9.30.010 No N/A Landlord must pay two times HUD fair market rent plus $1,000. Fee is prorated among occupants. One half to be paid five days after notice is given, then one half paid five days after tenant vacates residence. Requires rental property to be occupied by owner or family. Timeline unspecified. Repairs must not cost less than 8 times the monthly rent and unit must be uninhabitable for more than 30 days Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market. Hotels, temporary homeless housing, hospitals, religious facilities, extended care facilities, dorms, nonprofit senior living, schools, rental properties with two or fewer unites. 9.30.060 - Defines 5 types of retaliation. 2 of 3 City Just Cause Ordinance Rent Control Managed By Relocation Assistance Owner Move-in Requirement Substantial Rehab Definition Written Notice Requirement Right of Return and First Right of Refusal Exceptions Tenant Protection/ Harassment Long Beach 8.99 No N/A Owner must pay relocation equal to one month or waive final month's rent. Payment must be made within 15 days of notice No specified timing for owner or owner family residency. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Not detailed in city ordinance. Hotels, nonprofit hospitals, dorms, rooms rented in owner's home, ADUs, housing with a certificate of occupancy in the last 15 years. (8.101.030) - Defines 13 types of tenant harassment. Los Angeles 151.09 & 151.30 Yes LA Housing and Community Investment Department Qualified tenants can receive between $14,000 and $19,700 with additional costs paid to other tenants. The amount varies depending on the number of units in the complex and owners property portfolio. Requires rental property to be occupied by owner or family, or taken off market for at least 24 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market. Unless the unit is re-offered more than two years later. Rental properties with two or fewer units, hotels, nonprofit housing cooperative, hospitals, LA Housing Authority housing. 151.33 - Defines 17 types of tenant harassment. Oakland 8.22.300 Rent Adjustm ent Progra m Rent Board $6,500 for studios and one bedroom apartments. $8,000 for two bedrooms, $9,875 for units with three or more bedrooms. Payment is divided equally among tenants. Low- income tenants, elderly, disabled tenants, and tenants with children are entitled to an additional $2,500. Requires rental property to be occupied by owner or family for at least 36 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Elderly and disabled tenants who give written notice of extension within 60 days of eviction notice can extend up to one year. Former tenant must be offered the same unit for the same price if it is returned to the market. Unless the unit is re-offered more than five years later. Hospitals/health facilities, nonprofit housing for short term substance treatment or homeless services. (8.22.600) - Defines 22 types of tenant harassment. Prohibits retaliation, differential treatment, and enacting late payment fees. 3 of 3 City Just Cause Ordinance Rent Control Managed By Relocation Assistance Owner Move-in Requirement Substantial Rehab Definition Written Notice Requirement Right of Return and First Right of Refusal Exceptions Tenant Protection/ Harassment Santa Ana NS-3010 Yes Rent Board For no fault, owner has option to waive final three months rent or pay three months rent to each occupant within 15 days. Requires rental property to be occupied by owner or family, or taken off market for at least 24 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market within six months. Hospitals, dorms, hotels, ADUs, rooms rented in owner's home, owner occupied duplex, housing with a certificate of occupancy in the last 15 years. NS-3010 Section 8 1996 - Defines 15 types of tenant harassment. Prohibits three types of retaliation. 1 of 3 Attachment 1 COMPARISON OF LOCAL TENANT PROTECTION ORDINANCES City Just Cause Ordinance Rent Control Managed By Relocation Assistance Owner Move-in Requirement Substantial Rehab Definition Written Notice Requirement Right of Return and First Right of Refusal Exceptions Tenant Protection/ Harassment Berkeley 13.76.130 Yes Rent Stabilization Board Standard relocation for residents who have occupied unit for more than one year: $16,341 and an additional $5,447 to low-income households, disabled, elderly, families with children, or if residents have occupied the unit since before 1/1/1999. Relocation fees are to be divided among residents. Requires rental property to be occupied by owner or family for at least 36 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market. Rentals owned by government agency, hotels, section 8, hospital rentals, rooms rented in owner's home, dorms. 13.76.140 - Defines 5 types of retaliation. East Palo Alto 14.04.160 Rent Stabiliza tion Rent Stabilization Board Ellis Act requirements only and "powers reserved to the city council" (14.04.220) Requires rental property to be occupied by owner or family for at least 12 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Repairs must not cost less than 10 times the monthly rent and unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market. Hotels, care facilities, nonprofit housing, units shared with the landlord. 14.04.170 - Defines 7 types of tenant harassment. Prohibits 5 types of retaliation. Glendale 9.30.010 No N/A Landlord must pay two times HUD fair market rent plus $1,000. Fee is prorated among occupants. One half to be paid five days after notice is given, then one half paid five days after tenant vacates residence. Requires rental property to be occupied by owner or family. Timeline unspecified. Repairs must not cost less than 8 times the monthly rent and unit must be uninhabitable for more than 30 days Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market. Hotels, temporary homeless housing, hospitals, religious facilities, extended care facilities, dorms, nonprofit senior living, schools, rental properties with two or fewer unites. 9.30.060 - Defines 5 types of retaliation. 2 of 3 City Just Cause Ordinance Rent Control Managed By Relocation Assistance Owner Move-in Requirement Substantial Rehab Definition Written Notice Requirement Right of Return and First Right of Refusal Exceptions Tenant Protection/ Harassment Long Beach 8.99 No N/A Owner must pay relocation equal to one month or waive final month's rent. Payment must be made within 15 days of notice No specified timing for owner or owner family residency. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Not detailed in city ordinance. Hotels, nonprofit hospitals, dorms, rooms rented in owner's home, ADUs, housing with a certificate of occupancy in the last 15 years. (8.101.030) - Defines 13 types of tenant harassment. Los Angeles 151.09 & 151.30 Yes LA Housing and Community Investment Department Qualified tenants can receive between $14,000 and $19,700 with additional costs paid to other tenants. The amount varies depending on the number of units in the complex and owners property portfolio. Requires rental property to be occupied by owner or family, or taken off market for at least 24 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market. Unless the unit is re-offered more than two years later. Rental properties with two or fewer units, hotels, nonprofit housing cooperative, hospitals, LA Housing Authority housing. 151.33 - Defines 17 types of tenant harassment. Oakland 8.22.300 Rent Adjustm ent Progra m Rent Board $6,500 for studios and one bedroom apartments. $8,000 for two bedrooms, $9,875 for units with three or more bedrooms. Payment is divided equally among tenants. Low- income tenants, elderly, disabled tenants, and tenants with children are entitled to an additional $2,500. Requires rental property to be occupied by owner or family for at least 36 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Elderly and disabled tenants who give written notice of extension within 60 days of eviction notice can extend up to one year. Former tenant must be offered the same unit for the same price if it is returned to the market. Unless the unit is re-offered more than five years later. Hospitals/health facilities, nonprofit housing for short term substance treatment or homeless services. (8.22.600) - Defines 22 types of tenant harassment. Prohibits retaliation, differential treatment, and enacting late payment fees. 3 of 3 City Just Cause Ordinance Rent Control Managed By Relocation Assistance Owner Move-in Requirement Substantial Rehab Definition Written Notice Requirement Right of Return and First Right of Refusal Exceptions Tenant Protection/ Harassment Santa Ana NS-3010 Yes Rent Board For no fault, owner has option to waive final three months rent or pay three months rent to each occupant within 15 days. Requires rental property to be occupied by owner or family, or taken off market for at least 24 months. Rehab must be required for code compliance or tenant safety and cannot be completed while the tenant resides on the premises. Unit must be uninhabitable for more than 30 days. Ellis Act 120 day notice requirement. Former tenant must be offered the same unit for the same price if it is returned to the market within six months. Hospitals, dorms, hotels, ADUs, rooms rented in owner's home, owner occupied duplex, housing with a certificate of occupancy in the last 15 years. NS-3010 Section 8 1996 - Defines 15 types of tenant harassment. Prohibits three types of retaliation. 1 of 2 Attachment 3 SUMMARY OF STAKEHOLDER OUTREACH MEETINGS 2 of 2 STAKEHOLDER INPUT RECEIVED Local Ordinance Needed Not Needed • Prevent statewide eviction trends. • Eliminate loopholes in state law. • Pro-active vs. reactive approach to non-compliant landlords. • Establish first-right-of-refusal to return to unit. • Greater tenant harassment protections. • Reactive without demonstrated need. • State law is adequate. • Unintended consequences: o Impact to other tenants; and o Disincentivizing development/remodels. • Creating loopholes for non-compliant tenants. Concepts (December 2021) Ellis Act • Relocation should be tied to economics means testing or fixed amounts. No Cause • Defining substantial rehabilitation is desirable but do not identify permit threshold. • Include first right of refusal to return but further work on rental rate on return. Alternatives • Education (Tenants and Landlords). • City enforcement for business license re-issuance. • Using statewide industry partners for tenant defense. • Dispute Resolution/Mediation Draft Ordinance (January 2022) • Ordinance should acknowledge landlord rights. • The number and scope of the harassment definitions too broad. • Just-Cause provisions should apply on day one of tenancy. • Relocation assistance payments needed to be rewritten to match industry practices (e.g., using one check for all tenants). • Landlords need to be able to terminate tenancy based on substantial remodel. This can be accomplished in a way that minimizes harm to tenants. • This will expose landlords to excessive litigation. • The ordinance is too biased towards tenants. • Consider whether appropriate to apply to mobile home renter. Housing Advisory Commission (January 31, 2022) • Commissioners indicated they would like to see greater emphasis on the following: • Production of affordable units where these issues are mitigated; • Alternative dispute resolution; and • Additional data. • Stakeholders provided similar feedback to individual meetings. Final Ordinance (February 2022) • Tenant advocates believe without a few key items the ordinance is not valuable: all housing types need to be covered, coverage needs to start on day 1 of tenancy, on substantial rehabilitation tenants need to return to unit at same rental rate. • All stakeholders agreed that the City should not move forward with the ordinance as currently drafted. 1 of 3 Attachment 4 POLICY RECOMMENDATION COMPARISON ISSUES EXISTING STATE LAW CV 3/1/22 DRAFT RECOMMENDATIONS RESIDENTS (ACCE) RECOMMENDATIONS LANDLORDS RECOMMENDATIONS General Comments/ Applicability Need for Local Ordinance Claim: Gaps in State law need to be addressed to protect tenants against no fault evictions. Claim: AB1486 has not been in place long enough for the industry to determine impact. Local regulations would create a solution for a problem that is not substantiated. Length of Tenancy Protections after 12 months of tenancy. Protections after 12 months of tenancy. Protections on Day one of tenancy. Protections after 12 months of tenancy. Just Cause/ No Fault Termination of Tenancy Types of Rental Complexes Covered All complexes. All complexes have basic protections. Residential Rental Complexes of 3 or more units have enhanced protections. All complexes have enhanced protections. Let state law govern. First Right of Refusal First right of refusal only for withdrawals from rental market in rent controlled jurisdictions per Ellis Act. No first right of refusal under Tenant Protection Act of 2019. Under Costa-Hawkins Act City must allow owner to set new rent amount after termination of tenancy. First right of refusal at market rate for up to two years for terminations based on substantial remodel, withdrawal from rental market and complete demolition of units in complexes of three or more. Tenant required to notify of forwarding address. First right of refusal/return at previous rental rate for all no- fault just-cause terminations of any unit. Let state law govern. 2 of 3 ISSUES EXISTING STATE LAW CV 3/1/22 DRAFT RECOMMENDATIONS RESIDENTS (ACCE) RECOMMENDATIONS LANDLORDS RECOMMENDATIONS Substantial Remodel Termination of Tenancy for Substantial remodel allowed if major repairs, permit or hazardous substance abatement, and rental unit must need to be vacant for more than 30 days. Termination of Tenancy for Substantial remodel allowed if major repairs; permit or hazardous substance abatement; cost of repairs is greater than $40 per square foot; and rental units must need to be vacant for more than 60 days. No termination of tenancy for substantial remodel. Let state law govern. Ability to terminate for substantial remodel must be available. Relocation Assistance One month’s existing rent for no-fault termination of tenancy. One month’s HUD SAFMR for no-fault termination of tenancy. Two month’s HUD SAFMR for demolition, removal from market, and substantial remodel of a unit in a complex of three or more units. Relocation payments of $7,000 per tenant. Let state law govern. Noticing for Tenants 30 days notice if renting for less than 12 months; 60 days notice if renting for 12 months or more. 120 notice required or 365 days notice required if tenant is elderly or disabled for withdrawals from rental 30 days notice if renting for less than 12 months; 60 days notice if renting for 12 months or more. 120 notice required or 365 days notice required if tenant is elderly or disabled for withdrawals from rental market, substantial remodel, and 120 day notice for every termination of tenancy + additional notice for elderly/disabled. Let state law govern. 3 of 3 ISSUES EXISTING STATE LAW CV 3/1/22 DRAFT RECOMMENDATIONS RESIDENTS (ACCE) RECOMMENDATIONS LANDLORDS RECOMMENDATIONS market in rent controlled jurisdictions per Ellis Act. demolition for units in complexes of three or more. Anti-Harassment Tenants Covered by Anti- Harassment All tenants. All tenants. All tenants. Mobilehomes and mobilehome owners should not be included. Anti-Harassment Provisions 4 kinds of harassment covered. Additional 12 kinds of harassment covered. Additional 25 kinds of harassment covered. Let state law govern. March 14, 2022 Version Page 1 of 21 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 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 ORDINANCE Sections: X.XX.010 Title. X.XX.020 Findings and Purpose. X.XX.030 Definitions. X.XX.040 Termination of Long Term Tenancies Prohibited Without Just Cause . X.XX.050 Requirements Upon Termination of a Long Term Tenancy for No Fault Just Cause. X.XX.060 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market . X.XX.070 Requirements Upon Complete Demolition of a Residential Rental Unit in a Residential Rental Complex . X.XX.080 Requirements Upon Remodel or Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex. X.XX.090 Tenant Harassment/Retaliation Prohibited. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 2 of 21 X.XX.100 Enforcement and Remedies. X.XX.110 Limitations on Application. CHAPTER X.XX X.XX.010 Title. This chapter shall be known as the Chula Vista Residential Landlord and Tenant Ordinance and may be referred to herein as the Residential Landlord and Tenant Ordinance. X.XX.020 Findings and Purpose. A. Subject to the provisions of appliable law, the purpose of the Residential Landlord and Tenant 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 require greater notice and tenant relocation assistance in specified circumstances, and to provide additional 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 19465.2 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, provokeide or injure another person. This includes the intent of an Owner to induce a Tenant to vacate a Residential Rental Unit through unlawful conduct. B. “City” means the City of Chula Vista. C. "Disabled" means an individual with a disability, as defined in California Government Code Section 12955.3. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 3 of 21 D. "Elderly" means an individual sixty-two (62) years old or older. 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 Unit. Housing Sservices to a Residential Rental Unit shall include a proportionate part of services provided to common facilities of the building in which the Residential Rental Unit is contained. F. “Long Term Tenancy” means the continuous and lawful occupation of a Residential Rental Unit for 12 months or more by a Tenant. F.G. “Owner” means any Person, acting as principal or through an agent, having the right to offer a Residential Rental Unit for rent, and includes a predecessor in interest to the owner. H. “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. “Residential Rental Complex” means one or more buildings, located on a single lot, contiguous lots, or lots separated only by a street or alley, containing three or more Residential Rental Units rented or owned by the same Owner. G.I. A. “Remodel” means work done by the Owner that changes the structure or appearance of the Residential Rental Unit. H.J. “Residential Rental Unit” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park. I.K. “Substantial Remodel” means, for an Residential 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 Unit; (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 Residential Rental Unit to be vacant Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 4 of 21 for more than sixty (60) days. Cosmetic improvements alone, including painting, decorating, flooring replacement, counter replacement, and minor repairs, or other work that can be performed safely without having the Residential Rental Unit vacated, do not qualify as replacement or substantial modification. J.L.“Tenancy” means the lawful occupation of a Residential Rental Unit and includes a lease or sublease. K.M. “Tenant” means a tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled under the terms of a rentalby written or oral agreement to the use or occupancy of any Residential Rental Unit. X.XX.040 Termination of Long Term Tenancies Prohibited Without Just Cause A. Prohibition. Subject to applicable law, the Owner of the Residential Rental Unit shall not terminate a Long Termthe 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 in para graph (4) of Section 1161 of the Code of Civil Procedure. e. The Tenant had a written lease that terminated on or after the effective date of this chapter[DATE], or July 1, 2022[DATE], if the lease is for a Tenancy in a mobilehome, and after a written reques t 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. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 5 of 21 f. Criminal activity by the Tenant at the Residential 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 Unit 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 Unit 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 Unit as authorized by Sections 1101.5 and 1954 of the Code of Civil Procedure, and Sections 13113.7 and 17926.1 of the Heal th 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 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 deliver y possession of the Residential 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 Unit by the Owner or their spouse, domestic partner, children, grandchildren, parents or grandparents. i. For leases entered into after the effective date of this chapter[DATE], or July 1, 2022 if the lease is for a 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 the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchil dren, parents, or grandparents, unilaterally decides to occupy the Residential Rental Unit. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 6 of 21 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 Unit. ii. An order issued by a government agency or court to vacate the Residential Rental Unit . iii. A local ordinance that necessitates va cating the Residential Rental Unit. 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 this subsection, the Tenant shall not be entitled to reloc ation assistance as outlined in section X.XX.XXX below. c. Withdrawal of the Residential Rental Unit from the rental market. In such case, the requirements of section X.XX.0 650 apply. d. Intent to completely demolish the Residential Rental Unit to the ground, including removal of the foundation supporting the Residential Rental Unit. In such case, the requirements of section X.XX.0 760 apply. e. Intent to Substantially Remodel the Residential Rental Unit . In such case, the requirements of section X.XX.0870 apply. C. Notice of Tenant Protection Provisions. An Owner of a Residential 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 rent can be increased. See Civil Code section 1947.12 for more information. Local law also provides that once a tenant has continually and lawfully occupied a rental unit for 12 months or more, a landlord must provide a statement of cause in any notic e to terminate a tenancy. In some circumstances, tenants who are elderly (62 years or older) or disabled may be entitled to additional tenant protections. See Chula Vista Municipal Code chapter X.XX for more information.” For a Tenancy in a mobilehome existing before July 1, 2022 [DATE], the notice required shall be provided to the Tenant no later than 30 days after the effective date of this chapter[one month after goes into effect, 2022], or as an addendum to the lease or rental agreement. For a Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 7 of 21 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 before the effective date of this chapter[DATE], the notice required above shall be provided to the Tenant no later than [one month after goes into effect, 2022]30 days after the effective date of this chapter, or as an addendum to the lease or rental agreement. For a non-mobilehome Tenancy commenced or renewed on or after the effective date of this chapter[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 Unit issues a notice to terminate a Long Term Tenancy for just cause that is a curable lease vi olation, 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 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. X.XX.050 Requirements Upon Termination of a Long Term Tenancy for No Fault Just Cause A. When an Owner terminates a Long Term Tenancy for no-fault just cause, as specified in X.XX.040(B)(2) above, the Owner shall provide notice and relocation assistance to the Tenant(s) as follows: 1. For no-fault just cause terminations based on X.XX.040(B)(2)(a) and (b): a. Notice. The Owner shall provide the Tenant written notice, in no less than 12-point font, of: i. The basis of the no -fault just cause termination at least 60 days prior to the termination of the Tenancy. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to [housing email address]; and ii. The Tenant’s right to relocation assistance or rent waiver 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. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 8 of 21 b. 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 one month 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 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. 2. For no-fault just cause terminations based on X.XX.040(B)(2)(a) and (b): a. Notice. The Owner shall provide the Tenant written notice, in no less than 12-point font, of : ii. The basis of the no -fault just cause termination at least 60 days prior to the termination of Tenancy. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to [housing email address]; and iii. The Tenant’s right to relocation assistance or rent waiver 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. b. 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: i. Provide a direct payment to the Tenant in an amount equal to one month 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 Unit is located when the Owner issued the notice to terminate the Tenancy, as identified at [website link]; or ii. 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. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 9 of 21 c. The provisions of this subsection shall not apply to the termination of Tenancy of a Residential Rental Unit in a Residential Rental Complex; the provisions of X.XX.060 through X.XX.080 of this chapter shall apply. 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)(1)(b)(i) or (A)(2)(b)(i) 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 Long Term 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. F. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9.40 of this Code shall apply. G. An Owner’s failure to strictly comply with this section shall render the notice of termination void. X.XX.0650 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market A. Pursuant to Section 7060.1(c) of the Government Code, wWhen an Owner terminates a Long Term Tenancy based on the withdrawal, as specified in X.XX.040(B)(2)(c) above, of a Residential Rental Unit in a Residential Rental Complex based on the withdrawalfrom the rental market,issues a no-fault just cause termination notice based on the withdrawal of a Residential 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 terminate the tenancy based on a withdrawal of the 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 Unit from the rental market., or iIf the Tenant is Elderly Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 10 of 21 or Disabled, then the date of withdrawal of the Residential Rent al Unit shall be extended to 365 days after the date of delivery of the notice , provided that the Tenant gives written notice of their entitlement to the Owner within 60 days of the date of delivery of the notice of intent to terminate the tenancy based on a withdrawal of the Residential Rental Unit from the rental market . such notice shall be provided to the Tenant at least 365 days prior to withdrawal of the Residential Rental Unit from the rental market. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to the City notice of its intent to withdraw the Residential Rental Unit from the rental marketvia email to [housing email address]; and b. The Tenant’s right to relocation assistance or rent waiver 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 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 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. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 11 of 21 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, 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. 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. If the Tenant wishes to accept the offer to renew the Tenancy, the Tenant shall notify the Owner in writing within 30 days of the Owner’s offer to renew the Tenancy. G. This section shall not apply to mobilehome Tenants. The provisions o f Chapter 9.40 of this Code shall apply. H. An Owner’s failure to strictly comply with this section shall render the notice of termination void. X.XX.0760 Requirements Upon Complete Demolition of a Residential Rental Property in a Residential Rental Complex A. When an Owner terminates a Long Term Tenancyissues a no-fault just cause termination notice based on the complete demolition , as specified in X.XX.040(B)(2)(d) above, of a Residential Rental Property Residential Rental Unit in a Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows as specified in X.XX.040(B)(2)(d) above : of a 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 terminate the tenancy based on a complete demolition ofwithdraw the Residential Rental Unit. from the rental market. Such notice shall be provided to the Tenant at least 120 days prior to withdrawal the complete demolition of the Residential Rental Unit. from the rental marketIf the Tenant is Elderly or Disabled, then the date of withdrawal of Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 12 of 21 the Residential Rental Unit shall be extended to 365 days after the date of delivery of the notice , provided that the Tenant gives written notice of their entitlement to the Owner within 6 0 days of the date of delivery of the notice of intent to terminate the tenancy based on complete demolition of the Residential Rental Unit., or if the Tenant is Elderly or Disabled, such notice shall be provided to the Tenant at least 365 days prior to wi thdrawal of the Residential Rental Unit from the rental market. The Owner, at the same time it provides notice to the Tenant, shall also provide a copy of such notice to the City via email to [housing email address];notice of its intent to completely demolish the Residential Rental Unit; and b. The Tenant’s right to relocation assistance or rent waiver 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 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 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. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 13 of 21 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. 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 the Owner with an address to which that offer is to be directed. G. This section shall not apply to mobilehome Tenants. The provisions of Chapter 9.40 of this Code shall apply. H. An Owner’s failure to strictly comply with this section shall render the notice of termination void. X.XX.0870 Requirements Upon Remodel or Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex. A. When an Owner terminates a Long Term Tenancy notice based on the Substantial Remodel, as specified in X.XX.040(B)(2)(e) above, of a Residential Rental PropertyResidential Rental Unit as specified in X.XX.040(B)(2)(e) above in a , the following requirements apply Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows :issues a no-fault just cause termination notice based on the Substantial Remodel of a Residential 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 terminate the Tenancy based on the intent to conduct a Substantial Remodel of the Residential Rental Unit . Such notice shall be provided to the Tenant at least 120 days prior to conducting the Substantial Remodel . If the Tenant is Elderly or Disabled, then the date of withdrawal of the Residential Rental Unit shall be extended to 365 days after the date of delivery of the notice, provided Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 14 of 21 that the Tenant gives written notice of their entitlement to the Owner within 60 days of the date of delivery of the notice of intent to terminate the tenancy based on a Substantial Remodel of the Residential Rental Unit., or if the Tenant is Elderly or Disabled, such notice shall be provided to the Tenant at least 365 days prior to withdrawal of the Residential Rental Unit from the rental market. The Owner, at the same time it provides notice to the Tenant, shall also prov ide a copy of such notice to the City via email to [housing email address]notice of its intent to conduct a Substantial Remodel the Residential Rental Unit; and b. The Tenant’s right to relocation assistance or rent waiver 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 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 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 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.html]; 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. 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. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 15 of 21 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. F. 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 Owner with an address to which that offer is to be directed. G. This section shall not apply to mobilehome Tenants. The provisions of Chapter 9.40 of this Code shall apply. H. An Owner’s failure to strictly comply with this section shall render the notice of termination void. I. 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 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) The specific repairs or alterations to be made in the course of the Remodel or Substantial Remodel, including as to the Residential Rental Unit; (ii) the basis upon which the Tenant must temporarily vacate the Residential Rental Unit; and (iii) an estimate of the amount of time the Residential Rental Unit will need to be temporarily vacated and a date that the Tenant will be able to resume residence at the Residential 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 Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 16 of 21 to the Tenant within 15 calendar days of service of the notice. 2. Temporary 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 in temporarily relocating: a. Provide a direct payment to the Tenant in an amount equal to the prorated daily amount of the Tenant’s rent in effect on the date the Tenant must temporarily vacate for the number of days the Tenant is unable to reside at the 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. C. 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. D. 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 Residential Rental Unit . C. This section shall not apply to mobilehome Tenants. The provisions of Chapter 9.40 of this Code shall apply. X.XX.0980 Tenant Harassment/Retaliation Prohibited A. No Owner Landlord or such OwnerLandlord'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: 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 March 14, 2022 Version Page 17 of 21 4. Abuse the Owner's right of access into a Residential 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 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 Unit; 10. Interfere with a Tenant's right to quiet use and enjoyment of a Residential 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 Unit that are beyond the scope of a lawful entry or inspection. B. 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. X.XX.10090 Enforcement and Remedies. A. Guiding Principles. The City seeks to promote good relations between Owners and Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 18 of 21 Tenants. 1. To further that goal, Owners and Tenants should treat each other with respect, listen to each other, and make good faith efforts to informally resolve issues. If Landlords and Tenant’s cannot informally resolve issues, dispute resolution and mediation should be used. 2. This chapter provides for various remedies, including City enforcement. Disputes should be settled as set forth in paragraph 1 above. However, if they are not able to be settled, the primary enforcement mechanism is otherwise expected to be the Private Remedies set forth in Section X.XX.0X0(E). 3. This chapter provides for City enforcement as set forth in Section X.XX.0X0(D). The City has the sole and unfettered discretion to determine if it and when it will engage in enforcement of this chapter. Owners and Tenants are encouraged to resolve disputes as set forth in paragraphs 1 and 2 above. A.B. 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. C. Any waiver of the rights under this Chapter shall be void as contrary to public policy. D. C. City Attorney Enforcement. The City Attorney may pursue the following actions to enforce this chapter: 1. 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. 1.2. 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. 2.3. 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 Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 19 of 21 violation per day. The burden of proof in such cases shall be preponderance of the evidence. 3.4. 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. 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. 4.5. 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. B.E. 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 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. C.F. 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.1100 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). Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 20 of 21 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 Unit. 6. Single-family Owner-occupied residencies, including both of the following: 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. 8. Residential 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. Draft Residential Landlord and Tenant Ordinance March 14, 2022 Version Page 21 of 21 b. The Tenants have been provided written notice that the Residential 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.” For a Tenancy in a mobilehome existing before July 1, 2022[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 July 1, 2022[DATE], the notice required above shall be provided in the rental agreement. For a non-mobilehome Tenancy existing before the effective date of this chapter[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 after the effective date of this chapter[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. C. This chapter shall remain in effect only until January 1, 2030 and as of that date is repealed. Attachment 6 San Diego County, CA Advisory Small Area FMRs By Unit Bedrooms ZIP Code Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 91902 $1,630 $1,810 $2,320 $3,220 $3,960 91910 $1,270 $1,400 $1,800 $2,520 $3,110 91911 $1,280 $1,420 $1,820 $2,530 $3,090 91913 $1,870 $2,070 $2,660 $3,690 $4,520 91914 $2,090 $2,310 $2,970 $4,120 $5,050 91915 $2,090 $2,310 $2,970 $4,120 $5,050 City Average $1,705 $1,887 $2,423 $3,367 $4,130 Regional Average $1,394 $1,542 $1,979 $2,748 $3,365 MeetingType MeetingDate AgendaItem Name CommentPositionHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Mindy SchenkWith these provisions you will be making it much harder for tenants to find adequate housing. You instead should be enticing property owners to want to own rental properties. You favor only the tenants and many rental owners are selling. Though you think you are protecting the renter, many people who are mom and pop entities who have saved their entire lives are being forced to sell and as a result less rentals available...leading to only corporate rental communities which do not favor the tenant. There numerous cases of TERRIBLE TENANTS WHO DO NOT PAY AND DESTROY PROPERTIES yet with your legislation you protect the Tenant punish the Rental Owner! STOP PUNISHING the Owner of Rental Properties! Please DO NOT PASS THIS PROVISION. PROTECT ALL OF YOUR CONSTITUENTS!!! OpposeHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Matt RuaneRental housing stakeholders are willing to work on collaborative solutions, but what has been proposed ignores the realities of operating rental housing. The ordinance as drafted is complicated and cumbersome. Laws and remedies already exist that protect against bad actors; this ordinance is a broad‐brush approach that will impact all rental providers.No study has been done to evaluate the unintended consequences on existing rental housing or how it will impact future development of housing in Chula Vista. OpposeHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Terri Carlson Hi, I want to make a comment of the proposed rental ordinance. COME ON GUYS!! Havent I suffered enough?? I have 2 ‐1br condos I bought years ago. Im retired with a disability(Im also old). IM NOT RICH!! I need to sell my condo to survive. One of the people in my unit is older. You guys made me eat rent during the pandemic and now you want me to give a years noƟce to get her out???REALLY?? Why are MY issues of needing the money from this condo to survive not important?? Im just at a loss!! Enough is enough!! If you guys force me to give a years notice and the value of my condo goes down in a year from giving a years noticeIm going to sue the city for every penny I lose in value. STOP only thinking of the tenant and finally from elderly owners that need to sell our units to survive. 3 years help for tenants is ENOUGH!!Thank you! Terri Carlson OpposeHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Ward Fitzpatrick This ordinance is a solution in search of a problem. The Mayor blames rental housing providers for lack of housing supply and rising costs. Laws already exist that protect against bad actors. No study has been done to evaluate the unintended consequences on existing rental housing or how it will affect future development of housing in Chula Vista.Rental housing providers are willing to work on collaborative solutions but what has been proposed ignores the realities of operating rental housing. Oppose Housing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS LAs the landlord of an apartment complex in Pacific Beach, and landlord of single family homes in Chula Vista, I can tell you that ordinances like this do more harm than good. My family has managed and owned rentals in San Diego county for over 50 years. Making it so difficult for landlords to do business will have a detrimental negative effect on our community. What we need are landlord protection laws! CA has a lot to learn. It's obvious that this state is going to learn through consequences... with excessive numbers of homeless and low income families, higher crime, and local landlords opting to business is better states. OpposeHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Scott TaylorI urge you to consider opposing this provision. This could actually drive rent prices even higher by scaring away landlords with more risk. Less landlords in the area would then cause even less available rentals which would cause higher demand and higher rent prices. Technology makes out of state investing much easier so why would a landlord want to OpposeHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Feng Feng oppose 6.2OpposeHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Jorge JimenezThis bill will have far reaching un‐intended consequences for years to come. The rental market will not recover from this measure. Make rentals more affordable by developing more properties and offering solutions that work for all parties involved. OpposeHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Don EklundI am rental owner in Chula Vista west of the 805. Our properties are older, but we have always taken pride in offering our tenants a clean, safe and well‐maintained complexes with affordable rents for the hard‐working ciƟzens of Chula Vista. This ordinance was prepared by a reaction by the mayor and a few tenants at two rental complexes, less than 1% of Chula Vistas over 30,000 rental households. If passed it will affect every tenant and rental property owner in the city with unnecessary higher costs and no provisions to produce or maintain existing affordable housing in Chula Vista. The ordinance will refine Substantial Remodel where rental owner will not improve their older properƟes therefore leading to substandard housing for generaƟons to come.Please oppose this Ordinance. Oppose Housing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS AuroraAll these irrational, punitive restrictions on housing providers are already having detrimental consequences. The quesƟon should be, WHY is there a housing shortage?Not how to steal from well‐intended housing providers?All the refugees, the whole‐house AirBnb, and the rising cost of labor and materials(inflaƟon) are the TRUE reason for the so called shortages.I repeat what Mr. Fitzpathick said: No study has been done to evaluate the unintended consequences on existing rental housing or how it will affect future development of housing in Chula Vista.The desperate, irrational demands from the Mayor are going to keep pushing the sales of properties but the tenants will not qualify to purchase them. Other investors will and they will increase rents creating a new 'rental market value'. Is this what we want? Let the Mayor know that a rushed ordinance will do more harm than good to the people she claims to want to help. OpposeHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Silvia SaldivarI ask committee members to recommend this ordinance to the city council. The statewide laws do not go far enough to protect renters from unnecessary unjust evictions and leaves room for local governments to pass stronger protections. We need to step up as a community of mostly working class people of color and protect folks most in need. Landlords are using loopholes in the current weak laws to evict a tenant in 60 days for a reason like remodeling, and getting a new tenant who can pay double or triple the rent. This is inviting speculators and flippers into our community, and pushing out the folks who have lived their whole life here, or are just trying to make an honest living. Without stronger protections we will see alot of families ending up on the street, just because their landlord maybe wanting to fix the bathroom or kitchen sink. Prices are already increasing, tenants are receiving rent increases, and have been receiving them during the pandemic, and if we do not close these loopholes we will only keep seeing the displacement of families and children. This is not something new or rushed, many other cities in california already have this, the city of san diego has just passed a moratorium on these evictions because they see the abuse from landlords giving out these notices, but the city of chula vista renters do not have those protections. Please recommend this ordinance because many families can not wait. This is not new, and can prevent alot of harm. Support Housing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Gilberto M. VeraI am the Senior Attorney of the Housing Team at Legal Aid Society of San Diego. Since late July 2021, the number one issue Chula Vista tenants are calling us for assistance is with no‐fault evictions. Some landlords and real estate speculators are exploiting loopholes in the state protections to evict good tenants who are current with their rent and obligations under the lease. These landlords and real estate speculators are using substantial remodel, and withdrawing the units from the rental market, to avoid state tenant protections and displace good tenants. Due to vagueness in the state laws, it is very difficult to defend against pretextual substantial remodel evictions. Often the alleged remodels are only superficial and used as an excuse to evict tenants who are protected by statewide rent increase limits. After evicting tenants, these landlords and real estate speculators re‐renting the vacant units at a higher amount and avoid the statewide rent increase limit protection. Additionally, displacement of tenants is contributing to Chula Vista and our regions unhoused population, which has shown to be a costly issue to resolve. Please do not be confused by comments from the opposition about bad tenants who do not pay their rents or destroy property. The proposed ordinance does not protect bad tenants. It protects good tenants from being displaced by bad landlords looking to extract wealth from the Chula Vista community at the costs of displacing tenants. SupportHousing Advisory Commission Special Meeting 4/19/2022 PUBLIC COMMENTS Gabriel Guzman We need to protect our residents and not allow for residents to be evicted by the usage of loopholes. Myself and my family are facing eviction because the landlord is using a loopholes. We need to follow San Diego's lead. SupportHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONSChris ‐Frustrated tenantThe state rent control has placed a maximum 5% rent increase in a 12 month period. That means that if the rent is $2,000 it can only increase by $100 in a year. Everything else has increased by 150%.I have to mention that while I struggled due to lack of business in my field I used the tax payers help (sƟmulus, EDD) to pay my bills.Meanwhile, I heard many of my peers bragging about how their income was twice their per‐pandemic paycheck and were using the moratorium (loophole) to not pay their rent. They were traveling, funding their hobbies, etc. A friend's family each got the bonuses, they still told the owner that they did not have a job and could not pay the rent. They also were rude, loud, did not care about respecting the rules and many of the neighbors were complaining.Why am I to be responsible if I now see that those using the moratorium loophole received help to pay off what they owed, are protected from being taken to court and on top of that are going to be protected for being disrespecƞul tenants.I fell behind once the extra help stopped, but SBCS denied me the assistance. Yet many that wasted their money and refused to be respectful are getting all the rewards. What is the message I am supposed to receive from this? Oppose Housing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Sandra Santollo Please support this ordinance. We need stronger protections against eviction and harassment. Legal aid programs are so busy, and turning away certain cases because of how many people are calling in. This is only to stop an eviction where the tenant did nothing wrong, it does not stop any landlord from evicting a tenant at fault. Please recommend this, and protect families from homelessness. SupportHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Eduardo Saldivar As a lifelong resident of Chula Vista I support this motion and think more needs to be done to address the increasingly difficult renter landscape in our city. COVID May be on a downturn but the rent prices, evictions for gentrification and landlord harassment of tenants is on the rise. Please help the working class families and not the opportunistic people using this chaotic time to turn a quick Buck by evicting families in order flip a house and gentrify our city. There needs to be protection against no fault evictions immediately. This is a step in the right direcƟon.HOUSING IS A HUMAN RIGHT SupportHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Robin DeatonI am a single unit landlord of a modest 1 bedroom unit that I personally occupied, but have been renting out for a while. I did not sell when I moved away, because I wanted the option of living in my unit someday when I retire. I have worked hard my whole life, and saved money so that I could mortgage a 1 bedroom unit. This ordinance is unfair to owners like me who are just ordinary people and not wealthy investors. It takes away my right to flexibility regarding my personal real estate and my living needs. Furthermore, to require ordinary citizens like me to foot the bill of relocation assistance is to assume that I have deep pockets and should provide personal funding. This ordinance is one‐sided, and places unfair burden on ordinary owners like me. Please recommend to oppose it. OpposeHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS Gabriel Guzman I am in support of passing this ordinance to protect the tenants within our community. I am personally here received a 60 day notice and the landlord is using one of the many loopholes to be able to do so. We are trying to recover from this pandemic, it is time to protect our community, we need to follow San Diego's lead!!! SupportHousing Advisory Commission Special Meeting 4/19/2022CONSIDERATION OF ESTABLISHING RESIDENTIAL LANDLORD AND TENANT PROVISIONS CarlosHello, Mi name is Carlos. I rent and don wan problem. I don wan to have to liv next to the person next dor. They smok marijuana, they are loud and not frenly. I talk to owner but the owner don wan problems with city. Becas tha person next dor is protected. I can no chainge house becas it to much mony. Help me hav goud nex dor person. tank yu Oppose