Long Beach Municipal Code Ch. 8.102 Temporary Prohibition of Demolition and Substantial No-Fault Notices…

On July 6, 2021, the Long Beach City Council directed the City Manager to undertake a study and prepare a report exploring the feasibility of, and costs associated with, establishing a renovation administration program in the City to ensure landlords can invest in renovation work without subjecting tenants to either untenantable housing conditions during renovation work or the forced permanent displacement of the tenant due to said renovation work. In advance of the presentation of the report to the Council and potential action taken by the Council as a result thereof, this Chapter will temporarily prohibit no-fault notices and evictions based on certain demolition or substantial remodel permits through March 17, 2022.

(ORD-22-0007 § 1, 2022; ORD-21-0039(Emerg.) § 1, 2021; ORD-21-0022(Emerg.) § 1, 2021)

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

A. Owner. The term "owner" is any person, acting as principal or through an agent, offering residential real property for rent, and includes a predecessor in interest to the owner.

B. Residential rental property. The term "residential rental property" is any dwelling or unit that is intended or used for human habitation and which is offered or is currently being utilized for rental purposes.

(ORD-22-0007 § 1, 2022; ORD-21-0039(Emerg.) § 1, 2021; ORD-21-0022(Emerg.) § 1, 2021)

Through March 17, 2022, the owner of residential rental property shall not issue a notice to terminate a lawful tenancy, or otherwise move to terminate a lawful tenancy, based upon: (i) a permit issued by the City of Long Beach on or after July 6, 2021; and (ii) otherwise on the authority provided by Section 8.99.020(b)(2)(D) of the Long Beach Municipal Code, unless the termination is required to comply with an order issued by a government agency or court requiring that the residential rental real property be vacated; or to comport with due process, federal, or state law, which situation or circumstance shall be stated with particularity in the written notice of termination of tenancy. This Chapter may be asserted as an affirmative defense by a tenant in any unlawful detainer action brought by an Owner against a tenant. Any notice issued in violation of this Chapter shall be null and void. This Chapter shall not apply to any termination notices issued on or after March 18, 2022.

(ORD-22-0007 § 1, 2022; ORD-21-0039(Emerg.) § 1, 2021; ORD-21-0022(Emerg.) § 1, 2021)

If any provision of this Chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Chapter which can be implemented without the invalid provisions, and to this end, the provisions of this Chapter are declared to be severable. The City Council hereby declares that it would have adopted this Chapter and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.

(ORD-22-0007 § 1, 2022; ORD-21-0039(Emerg.) § 1, 2021; ORD-21-0022(Emerg.) § 1, 2021)