Imperial Beach Municipal Code Ch. 9.90 Just Cause for Termination of a Residential Tenancy Ordinance

A. Title. This chapter shall be known as the Just Cause for Termination of a Residential Tenancy Ordinance and may be referred to herein as the Just Cause Ordinance.

B. Purpose. Subject to the provisions of applicable law, the purpose of this Just Cause Ordinance is to require just cause for termination of residential tenancies consistent with California Civil Code Section 1946.2, to further limit the reasons for termination of a residential tenancy, to require greater tenant relocation assistance in specified circumstances, and to provide additional regulations. Nothing in this chapter shall be construed as to prevent the lawful eviction of a tenant by appropriate legal means.

C. Intent and Severability. This chapter is intended to supplement any applicable State and Federal law and provide further protection for certain tenants. Any provisions of applicable State or Federal law that provide greater or additional protections for tenants than this chapter shall apply. If this chapter does not apply to a tenant, then applicable State law shall apply. If any provision of this chapter is invalidated, any applicable State and Federal law shall apply in place of the invalidated provision.

(Ord. 2025-1253, 2/19/2025)

The City Manager is authorized to establish, consistent with the terms of this chapter, Administrative Regulations necessary to carry out the purposes of this chapter. Administrative Regulations shall be published on the City's website and maintained and available to the public in the Office of the City Clerk. Administrative Regulations promulgated by the City Manager shall become effective and enforceable under the terms of this chapter 30 days after the date of publication on the City's website.

(Ord. 2025-1253, 2/19/2025)

When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this code or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to State laws, including references to any State statutes or regulations, is deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this chapter.

"Administrative Regulations"

means regulations that implement this chapter authorized by the City Manager pursuant to Section 9.90.020.

"City Attorney"

means the City Attorney of the City of Imperial Beach, or designee.

"City Manager"

means the City Manager of the City of Imperial Beach, or designee.

"City"

means the City of Imperial Beach.

"County"

means the County of San Diego.

"Disabled"

means an individual with a disability, as defined in California Government Code Section 12955.3.

"Elderly"

means an individual 62 years old or older.

"Enforcement Officer"

means the Director of the Community Development Department, any Code Enforcement Officer, the Building Official, any sworn deputy of the San Diego Sheriff's Department, the Fire Chief, the Fire Marshal, or any other City department head (to the extent responsible for enforcing provisions of this code), their respective designees, or any other City employee designated by the City Manager to enforce this chapter.

"Family member"

means the sibling, spouse, domestic partner, children, grandchildren, parents, or grandparents of the residential unit owner.

"Intended occupant"

means the owner of the residential rental unit or the owner's spouse, domestic partner, child, grandchild, parent, or grandparent.

"Occupant owner"

means any of the following:

An owner who is a natural person that has at least a 25% recorded ownership interest in the property.

An owner who is a natural person who has any recorded ownership interest in the property if 100% of the recorded ownership interest is divided among owners who are related to each other as family members.

An owner who is a natural person whose recorded interest in the property is owned through a limited liability company or partnership.

"Owner" (including the term "landlord")

means any person, acting as principal or through an agent, having the right to offer a residential rental unit for rent. As the context may require, "owner" shall also include a predecessor in interest to the owner.

"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 or contiguous lots, containing 15 or more residential rental units rented or owned by the same owner.

"Residential rental unit"

means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.

"State"

means the State of California.

"Substantial remodel"

means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the tenant to vacate the residential real property for at least 30 consecutive days:

The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency.

The abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable Federal, State, and local laws.

"Tenancy"

means the lawful occupation of a residential rental unit and includes a lease or sublease.

"Tenant"

means a tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled by written or oral agreement to the use or occupancy of any residential rental unit.

(Ord. 2025-1253, 2/19/2025)

This chapter shall not apply to the following types of residential tenancies or circumstances:

A. Single-family owner-occupied residences, including a mobilehome, 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 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.

C. A residential rental unit that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:

1. The owner is not any of the following:

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

b. A corporation.

c. A limited liability company in which at least one member is a corporation.

d. Management of a mobilehome park, as defined in Section 798.2 of the California Civil Code.

2. The tenants have been provided written notice that the residential rental unit is exempt from this section using the following statement:

For a tenancy existing before March 22, 2025, the notice required above may, but is not required to, be provided in the rental agreement. For a tenancy commenced or renewed on or after March 22, 2025, 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 9.90.050(B)(5).

D. A homeowner in a mobilehome, as defined in California Civil Code Section 798.9 or a tenancy as defined in California Civil Code Section 798.12 which is subject to the protections of Mobilehome Residency Law.

E. Transient and tourist hotel occupancy as defined in California Civil Code Section 1940(b).

F. 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 Imperial Beach Municipal Code Chapter 19.04.

G. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly as defined in California 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 California Department of Social Services.

H. Residential property or dormitories owned by the City, an institution of higher education, or a kindergarten and grades 1 to 12, inclusive.

I. 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.

J. 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 California 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 California Health and Safety Code Section 50093 or comparable federal statutes. This exclusion shall not apply to a tenant with a Section 8 Housing Choice Voucher and such tenancies shall be governed by this chapter.

K. Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.

(Ord. 2025-1253, 2/19/2025)

A. Prohibition. After a tenant has continuously and lawfully occupied a residential rental unit for 12 months, no owner of a residential rental unit shall terminate a tenancy without just cause. A just cause basis for termination of tenancy includes both "at-fault just cause" and "no-fault just cause" circumstances as described below.

B. At-Fault Just Cause. At-fault just cause means any of the following at fault just cause reasons as specified in Civil Code 1946.2 (b)(1):

1. Default in payment of rent.

2. A breach of material term of the lease, as described in paragraph (3) of Section 1161 of the California 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.

3. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.

4. Committing waste as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.

5. The tenant had a written lease that terminated on or after the effective date of this chapter, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. Addition of a provision allowing the owner to terminate the tenancy to allow for occupancy by the owner or owner's family member as described in subsection (C)(1), below, shall constitute a "similar provision" for the purposes of this subsection.

6. 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 California 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 where the residential rental unit is located.

7. Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.

8. The tenant's refusal to allow the owner to enter the residential rental unit as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections 13113.7 and 17926.1 of the California Health and Safety Code.

9. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.

10. 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 California Code of Civil Procedure.

11. When the tenant fails to deliver possession of the residential rental unit after providing the owner written notice as provided in Section 1946 of the California 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 California Code of Civil Procedure.

C. No-Fault Just Cause. No-fault just cause means any of the following:

1. Intent to Occupy. Intent to occupy the residential rental unit by the owner or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum of 12 continuous months as that person's primary residence.

a. For leases entered into on or after March 22, 2025, if the lease is for a tenancy in a mobilehome, intent to occupy shall only be a no-fault just cause basis for termination 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 the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subsection (B)(5) above.

b. This subsection does not apply if the intended occupant occupies a rental unit on the property or if a vacancy of a similar unit already exists at the property.

c. Intent to occupy shall only be a no-fault just cause basis for termination if the intended occupant moves into the residential rental unit within 90 days after the tenant vacates and occupies the residential rental unit as a primary residence for at least 12 consecutive months.

2. Compliance with Government or Court Order. The tenancy is terminated on the basis of the owner's compliance with any of the following:

a. An order issued by a government agency or court relating to habitability that necessitates vacating the residential rental unit; or

b. An order issued by a government agency or court to vacate the residential rental unit; or

c. A local ordinance that necessitates vacating 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 relocation assistance as set forth in this chapter.

3. Withdrawal From the Rental Market. The tenancy is terminated on the basis of the owner's decision to withdraw the residential rental unit from the rental market.

4. Substantial Remodel or Demolition. The tenancy is terminated because of the owner's intent to substantially remodel or demolish a residential rental unit. The owner may not require the tenant to vacate the residential rental unit on any days where a tenant could continue living in the residential rental unit without violating health, safety, and habitability codes and law.

D. Notice to Tenant of Tenant Protection Provisions Required. An owner of a residential rental unit subject to this chapter shall provide written notice to the tenant as follows:

"California law limits the amount your rent can be increased. See California Civil Code section 1947.12 for more information. Local law also provides that after a tenant has continuously and lawfully occupied the property for 12 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Imperial Beach Municipal Code Chapter 9.90 for more information."

E. Reporting Requirements. Owners and tenants shall provide City with information regarding termination of tenancies at such time(s) and with such details as shall be required by City in the attendant administrative regulations.

F. Owner Acknowledgement. When an owner applies for a City of Imperial Beach business license to operate, the owner will be required to acknowledge that he or she has read and will abide by this chapter if applicable to the residential rental unit.

G. Copy to Tenant. For a tenancy in a residential rental unit subject to this chapter commenced or renewed on or after March 22, 2025, the owner must provide a copy of this chapter to the tenant upon entering into the lease.

(Ord. 2025-1253, 2/19/2025)

A. Requirements Upon Termination of a Tenancy for At-Fault Just Cause. Before an owner of a residential rental unit issues a notice to terminate a tenancy for at-fault just cause that is a curable lease violation after a tenant has continuously and lawfully occupied a residential rental unit for 12 months, the owner shall first give written notice of the violation to the tenant including a description of the violation (or violations) and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the California Code of Civil Procedure. 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.

1. Notice to City Required. The owner shall provide written notice to the City of the at-fault just cause termination of tenancy no later than three business days after the date the owner provides the required notice to the tenant. Such notice to City shall be provided on a form approved by City for such purpose and in the manner specified in the attendant administrative regulations.

B. Requirements Upon Termination of a Tenancy for No-Fault Just Cause. Upon termination of a tenancy for no-fault just cause after a tenant has continuously and lawfully occupied a residential rental unit for 12 months, an owner of a residential rental unit shall provide notice and relocation assistance as follows:

1. Termination of a Tenancy in Unit in a Residential Rental Complex for Substantial Remodel or Demolition. When an owner terminates a tenancy of a residential rental unit in a residential rental complex for no-fault just cause for a substantial remodel or demolition, the owner shall provide notice and relocation assistance to the tenant as follows:

a. Notice to Tenant Required. The owner shall give written notice to the tenant prior to the proposed date of termination as required by State law. Such notice shall include any applicable State law requirements, including, but not limited to, California Code of Civil Procedure Section 1162 and California Civil Code Section 1946.1:

i. Notice of Basis for No-Fault Just Cause Termination. The owner's decision to terminate the tenancy and a description of the basis for said termination;

ii. Notice of Right to Relocation Assistance. The tenant's right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the tenant's rent, 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 or the last day of legal occupancy, whichever comes first; and

iii. Notice of Substantial Remodel or Demolition. The following statement must be included in the written notice:

"If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within 30 days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within 30 days of notifying the owner of your acceptance of the offer."

The written notice shall additionally contain a description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:

(A) A copy of the permit or permits required to undertake the substantial remodel or demolition; or

(B) If the substantial remodel is due to abatement of hazardous materials and does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.

The written notice shall additionally indicate that if the tenant is interested in reoccupying the residential rental unit following the substantial remodel, the tenant shall inform the owner of the tenant's interest in reoccupying the residential rental unit following the substantial remodel and provide to the owner the tenant's address, telephone number, and email address.

b. Notice to City Required. The owner shall provide written notice to the City of the no-fault just cause termination of tenancy no later than three business days after the date the owner provides the required notice to the tenant. Such notice to City shall be provided on a form approved by City for such purpose and in the manner specified in the attendant administrative regulations.

c. Relocation Assistance Required. 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, AND one month of actual then in effect contract rent under tenant's lease. If the tenant is elderly or disabled, then the direct payment shall be 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, AND one month of actual then in effect contract rent under tenant's lease; or

ii. Waive in writing and not collect the payment by tenant of then due or future rent otherwise due under the lease in an amount equivalent to the direct payment described in (i), above.

d. Return of Deposit Required. Unless otherwise provided by State law, the owner shall return to tenant the tenant's full deposit within the timeframe specified by State law.

e. Notice of Chapter 9.90 Required. The owner shall provide a full copy of this chapter to tenant with the notice.

2. Termination of a Tenancy in Unit in a Residential Rental Complex for a No-Fault Just Cause Reason Other than Substantial Remodel or Demolition. When an owner terminates a tenancy of a residential rental unit in a residential rental complex for no-fault just cause other than substantial remodel or demolition, the owner shall provide notice and relocation assistance to the tenant as follows:

a. Notice to Tenant Required. The owner shall give written notice to the tenant prior to the proposed date of termination as required by State law. Such notice shall include any applicable State law requirements, including, but not limited to, California Code of Civil Procedure Section 1162 and California Civil Code section 1946.1:

i. Notice of Basis for No-Fault Just Cause Termination. The owner's decision to terminate the tenancy and a description of the basis for said termination; and

ii. Notice of Right to Relocation Assistance. The tenant's right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the tenant's rent, 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 no later than the last day of legal occupancy; and

iii. Notice of Intended Occupant. If the tenancy is being terminated on the basis of intent to occupy under Section 9.90.050(C)(1), above, the written notice must identify the name or names and relationship to the occupant owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an occupant owner or related to the occupant owner. The proof shall be provided upon request and may include an operating agreement and other non-public documents.

b. Notice to City Required. The owner shall provide written notice to the City of the no-fault just cause termination of tenancy no later than three business days after the date the owner provides the required notice to the tenant. Such notice to City shall be provided on a form approved by City for such purpose and in the manner specified in the attendant administrative regulations.

c. Relocation Assistance Required. The owner shall, regardless of the tenant's income, provide the relocation assistance required per State law under Civil Code Section 1946.2.

d. Notice of Chapter 9.90 Required. The owner shall provide a full copy of this chapter to tenant with the notice.

3. Tenancy in Unit Not in a Residential Rental Complex. When an owner terminates a tenancy of a residential rental unit that is not in a residential rental complex for no-fault just cause, the owner shall provide notice and relocation assistance to the tenant as follows:

a. Notice to Tenant Required. The owner shall give written notice to the tenant prior to the proposed date of termination as required by State law. Such notice shall include any applicable State law requirements, including, but not limited to, California Code of Civil Procedure Section 1162 and California Civil Code Section 1946.1:

i. Notice of Basis for No-Fault Just Cause Termination. The owner's decision to terminate the tenancy and a description of the basis for said termination.

ii. Notice of Right to Relocation Assistance. The tenant's right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the tenant's rent, the notice shall state the amount of rent waived and that no rent is due for the final corresponding month 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

iii. Notice of Intended Occupant. If the tenancy is being terminated on the basis of intent to occupy under Section 9.90.050(C)(1), above, the written notice must identify the name or names and relationship to the occupant owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an occupant owner or related to the occupant owner. The proof shall be provided upon request and may include an operating agreement and other non-public documents.

iv. Notice of Substantial Remodel or Demolition. If the tenancy is being terminated on the basis of a substantial remodel or demolition under Section 9.90.050(C)(4), above, the following statement must be included in the written notice:

"If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within 30 days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within 30 days of notifying the owner of your acceptance of the offer."

The written notice shall additionally contain a description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:

(A) A copy of the permit or permits required to undertake the substantial remodel or demolition; or

(B) If the substantial remodel is due to abatement of hazardous materials and does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.

The written notice shall additionally indicate that if the tenant is interested in reoccupying the residential rental unit following the substantial remodel, the tenant shall inform the owner of the tenant's interest in reoccupying the residential rental unit following the substantial remodel and provide to the owner the tenant's address, telephone number, and email address.

b. Notice to City Required. The owner shall provide written notice to the City of the no-fault just cause termination of tenancy no later than three business days after the date the owner provides the required notice to the tenant. Such notice to City shall be provided on a form approved by City for such purpose and in the manner specified in the attendant administrative regulations.

c. Relocation Assistance Required. The owner shall, regardless of the tenant's income, provide the relocation assistance required per State law under Civil Code Section 1946.2.

d. Notice of Chapter 9.90 Required. The owner shall provide a full copy of this chapter to tenant with the notice.

C. Additional Requirements Upon Termination of a Tenancy for No-Fault Just Cause. Upon termination of a tenancy for no-fault just cause, the following additional provisions shall also apply:

1. 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.

2. Any relocation assistance or rent waiver to which a tenant may be entitled to under this chapter shall be in addition to and shall not be credited against any other relocation assistance required by any other law.

3. 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 may be recoverable by owner as damages in an action to recover possession.

4. If the tenancy is being terminated on the basis of an intended occupant move in under Section 9.90.050(C)(1) and the intended occupant fails to move into the residential rental unit within 90 days after the tenant vacates, or fails to occupy the residential rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written notice. If the intended occupant moves into the unit within 90 days after the tenant vacates but dies before having occupied the unit as a primary residence for 12 months, this will not be considered a failure to comply with this section or a material violation of this section by the owner.

a. For a new tenancy commenced during the time periods described above, the unit shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served.

5. Among other remedies applicable to owner's failure to comply with the terms of this chapter, an owner's failure to strictly comply with this section shall render the notice of termination void.

(Ord. 2025-1253, 2/19/2025)

A. General Provisions.

1. The enforcement mechanisms and remedies specified in this section are cumulative and in addition to any other enforcement mechanisms and remedies available under Federal, State, County, and City law or ordinance for violation of this chapter or code.

2. 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.

3. Any waiver of the rights under this chapter shall be void as contrary to public policy.

B. Remedies.

1. A tenant claiming a violation of this chapter may file an action against an owner in a court of competent jurisdiction.

2. A tenant may seek injunctive relief, equitable relief, and money damages, including punitive damages, in a civil action against an owner for a violation of this chapter.

3. A tenant may raise, as an affirmative defense, any violation or noncompliance with this chapter in any action by an owner to recover possession of a residential rental unit.

4. Any attempt by an owner to recover possession of a residential rental unit or any actual recovery of possession of a residential rental unit in violation of this chapter shall render the owner liable to the tenant in a civil action for all of the following:

a. Actual damages; and

b. In the court's discretion, reasonable attorney's fees and costs;

c. Upon a showing that owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.

5. The City may at its own discretion enforce this chapter under Chapters 1.12 and 1.22 of this code, including civil and criminal remedies.

(Ord. 2025-1253, 2/19/2025)

This chapter shall remain in effect until January 1, 2030, and as of that date is repealed unless otherwise extended by the City Council.

(Ord. 2025-1253, 2/19/2025)