Hermosa Beach Municipal Code Ch. 8.69 Evictions Based on Intent to Demolish or Substantially Remodel…

Contents:

8.69.010 Definitions.

8.69.020 Requirements.

8.69.030 Applicability.

8.69.040 Remedies.

(Ord. # 21-1434U §2, adopted 06/22/2021, effective 06/22/2021)

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this section.

(Ord. # 21-1434U §2, adopted 06/22/2021, effective 06/22/2021)

Residential real property means any dwelling or unit that is intended for human habitation.

Effective on: 6/22/2021

Substantially remodel means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a government 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 30 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 rehabilitation.

Effective on: 6/22/2021

Tenancy means the right to lawfully occupy residential real property and includes a lease or sublease.

Effective on: 6/22/2021

Before an owner of residential real property may terminate a lawful tenancy to demolish or substantially remodel residential real property pursuant to the Tenant Protection Act of 2019 (California Civil Code Section 1946.2) the owner shall first secure all permits necessary to demolish or substantially remodel the residential real property.

To the extent applicable, the owner must provide relocation assistance in accordance with the California Civil Code Section 1946.2 for a no-fault just cause eviction.

These requirements are in addition to and do not supersede any other obligation the owner may have under applicable local, state, and federal law. No other legal remedies available to owners are affected by this Chapter.

(Ord. # 21-1434U §2, adopted 06/22/2021, effective 06/22/2021)

Effective on: 6/22/2021

This Chapter shall apply to tenancy termination notices, notices to quit and other eviction notices, and the unlawful detainer actions based on such notices, served or filed on or after July 1, 2021; but, where the time to vacate the property has not passed.

This Chapter shall not apply to the residential real properties or circumstances described in California Civil Code Section 1946.2(e).

(Ord. # 21-1434U §2, adopted 06/22/2021, effective 06/22/2021; Ord. # 21-1437 §2, adopted 10/26/2021, effective 11/25/2021; Ord. # 21-1438U §2, adopted 10/26/2021, effective 10/26/2021)

Effective on: 11/25/2021

This Chapter may be asserted as an affirmative defense in an unlawful detainer proceeding. An owner’s failure to comply with this Chapter does not constitute a criminal offense.

(Ord. # 21-1434U §2, adopted 06/22/2021, effective 06/22/2021)

Effective on: 6/22/2021