Duarte Municipal Code Ch. 9.71 Permit Required for No-Fault Just Cause Demolition and/or Substantial…

(a) PURPOSE. This chapter protects tenants from pretextual evictions in which landlords invoke substantial renovation or demolition of a unit as "just cause" under Civil Code §§ 1946.2, 1947.12, and 1947.13 as adopted by Assembly Bill 1482 (the Tenant Protection Act of 2019, the "Act"), and as may be subsequently amended, by requiring an evicting landlord show a government-approved demolition and/or remodeling permit to the tenant prior to initiating an eviction for demolition or substantial remodel of a residential real property.

(Ord. No. 898, § 3, 6-9-2020)

(a) "Just Cause" shall have the same meeting as in Civil Code § 1946.2, as may be amended.

(b) "Owner" shall have the same meeting as in Civil Code § 1946.2, as may be amended.

(c) "Residential real property" shall have the same meeting as in Civil Code § 1946.2, as may be amended.

(d) "Tenancy" shall have the same meaning as in Civil Code § 1946.2, as may be amended.

(Ord. No. 898, § 3, 6-9-2020)

This permit disclosure requirement applies only if a tenant has met the criteria of Civil Code § 1946.2(a), as may be hereafter amended, which presently requires the tenant to have continuously and lawfully occupied a residential real property for at least twelve months, and if any additional adult tenants are added to a lease before an existing tenant has continuously and lawfully occupied the residential real property for twenty-four months, then this temporary prohibition shall only apply if either of the following are satisfied:

1. All of the tenants have continuously and lawfully occupied the residential real property for twelve months or more; or

2. One or more tenants have continuously and lawfully occupied the residential real property for twenty-four months or more.

(Ord. No. 898, § 3, 6-9-2020)

"No-fault just cause" shall be as defined in Civil Code § 1946.2(b)(2), as may be amended, which presently includes an intent to demolish or to "substantially remodel" a residential real property.

For purposes of this chapter, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least thirty days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial modification.

(Ord. No. 898, § 3, 6-9-2020)

Before an owner of residential real property issues a notice to terminate a tenancy for a no-fault just cause eviction based on demolition or a substantial remodel of a residential unit, the owner shall have obtained all necessary permits for the substantial remodel and/or demolition from all applicable government agencies. All termination notices for no-fault just cause eviction described in this chapter shall include a copy of all issued permits, which permits must then be in effect, and not be expired or revoked. To the extent not otherwise reflected on the face of the permit or permits, the owner shall include information regarding each of (i) the scope of the substantial remodeling work, (ii) why it cannot be reasonably accomplished in a safe manner with the tenant in place, and (iii) why it requires the tenant to vacate for at least thirty days.

(Ord. No. 898, § 3, 6-9-2020)

The provisions of this chapter shall not apply to the following types of residential real properties or residential circumstances:

1. Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code.

2. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.

3. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.

4. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.

5. Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.

6. A duplex in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.

7. Housing that has been issued a certificate of occupancy within the previous fifteen years.

8. Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:

a. The owner is not any of the following:

(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.

(ii) A corporation.

(iii) A limited liability company in which at least one member is a corporation.

b. (i)

The tenants have been provided written notice that the residential property 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 the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."

The notice required under clause (i) may, but is not required to, be provided in the rental agreement.

(ii) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph 8.b.(i), above.

9. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.

(Ord. No. 898, § 3, 6-9-2020)