Long Beach Municipal Code Ch. 8.98 Temporary Prohibition of No-Fault Notices and Evictions

On October 8, 2019, Assembly Bill 1482 ("AB 1482"), the Tenant Protections Act of 2019, was passed to address a key cause of California's affordable housing crisis by preventing rent gouging and arbitrary evictions. AB 1482 becomes effective on January 1, 2020.

The City of Long Beach is experiencing a housing affordability crisis, which is driving homelessness and displacement of residents to an unprecedented scale. Approximately fifty-one percent (51%) the City's renters are rent burdened, paying over thirty percent (30%) of their income on rent. Approximately twenty-seven percent (27%) of renters are severely rent burdened, paying over fifty percent (50%) of their income on rent. No renter protections presently exist for the approximately 69,000 households in the City that will be covered by AB 1482 beginning on January 1, 2020.

Escalating real estate values provide an incentive to landlords to evict long-term, lower-income tenants, without cause, to raise rents and attract wealthier tenants, before AB 1482 becomes effective. Tenants have reported experiencing an increase of no-fault eviction notices and threats of eviction. Therefore, it is imperative that the City implement temporary strategies to keep people housed.

This Chapter will temporarily prohibit no-fault notices and evictions through December 31, 2019, for residential real property that will be covered by AB 1482 beginning on January 1, 2020.

(ORD-19-0029(Emerg.) § 1, 2019)

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 real property. The term "residential real property" is any dwelling or unit that is intended or used for human habitation.

(ORD-19-0029(Emerg.) § 1, 2019)

A. Through December 31, 2019, the owner of residential rental property shall not issue a notice to terminate a lawful tenancy, or otherwise move to terminate a lawful tenancy, without at-fault just cause, unless the termination is required to comply with an order issued by a government agency or court necessitating vacating the residential real property or to comport with due process, federal, or state law, which shall be stated in the written notice of termination of tenancy. This prohibition shall also apply to an owner's action that constitutes constructive eviction under California law. An owner's failure to comply with this Chapter shall render any notice of termination of tenancy void. This Chapter may be asserted as an affirmative defense in an unlawful detainer action. An owner's failure to comply with this Chapter does not constitute a criminal offense.

B. At-fault just cause is the following:

1. Default in the payment of rent.

2. A breach of a 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 a 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. Criminal activity by the tenant on the residential real property, 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 residential real property against the owner of the residential real property.

5. 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.

6. The tenant's refusal to allow the owner to enter the residential real property 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.

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

8. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure.

9. When the tenant fails to deliver possession of the residential real property 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 the written notice as described in paragraph (5) of Section 1161 of the California Code of Civil Procedure.

10. Tenant received all or a portion of a relocation payment pursuant to Chapter 8.97 and tenant remains in possession of the unit after lease termination without having returned the entirety of the relocation payment received to landlord on or before the date which is ten (10) days after the lease terminated.

C. This Chapter shall not apply to any of the following residential real property or residential circumstances:

1. Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the California 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 (2) 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 (1) 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 (15) years.

8. Residential real property that is alienable separate from the title to any other dwelling unit, provided that 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 (1) member is a corporation.

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.

10. Residential real property encumbered by enforceable loan covenants in existence prior to November 5, 2019, to the extent compliance with this Chapter would necessarily result in a breach of such covenants.

(ORD-19-0029(Emerg.) § 1, 2019)

This Chapter shall apply to tenancies where the tenant remains in possession and the eviction lawsuit has not been adjudicated.

(ORD-19-0029(Emerg.) § 1, 2019)

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 article 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-19-0029(Emerg.) § 1, 2019)