Maywood Municipal Code Ch. 17 Tenant Protections

Footnotes:

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Editor's note— Ord. No. 23-11, § 1, adopted Oct. 25, 2023, amended Ch. 17 in its entirety, in effect repealing and reenacting said Ch. 17 to read as set out herein. The former Ch. 17, §§ 8.17.010—8.17.090, pertained to just cause and retaliatory evictions and derived from Ord. No. 08-11, § 1, adopted Oct. 28, 2008.

In accordance with California Civil Code Section 1946.2(g)(1)(B), the City Council finds the provisions of this Chapter 17, regulating, among other things, just cause terminations of tenancies are more protective than California Civil Code Section 1946.2 for the following reasons: (i) The just cause for termination of a residential tenancy under this Chapter is consistent with California Civil Code § 1946.2; and (ii) This chapter provides additional tenant protections that are not prohibited by any other provisions of applicable law.

(Ord. No. 23-11, § 1, 10-25-2023)

This chapter shall apply to all rental units within the City, unless otherwise exempt pursuant to the provisions of Chapter 21 of Title 8 of this Code or State or federal law. This chapter shall be known as the "Tenant Protection Ordinance."

(Ord. No. 23-11, § 1, 10-25-2023)

A. "Administrative Procedures, Regulations and Guidelines" means the administrative procedures, regulations and guidelines adopted by the City Manager pursuant to Section 8-17.15 of this Chapter.

B. "Buyout agreement" means a written agreement between a landlord and a tenant as provided in Section 8-17.09 by which a tenant, typically in consideration for monetary payment, agrees to vacate a rental unit.

B. "City" means the city of Maywood.

C. "Code" means the city of Maywood Municipal Code.

D. "Department" means the Building and Planning Department or other department designated by the City Manager to administer the provisions of this chapter.

E. "Director" means the Director of Building and Planning or designee.

F. "Ellis Act" means California Government Code Sections 7060 through 7060.7.

G. "Housing services" means all services provided by the landlord related to the use or occupancy of a rental unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the landlord to the tenant with use or occupancy of a rental unit. Services to a rental unit shall include a proportionate part of services provided to common facilities of the building or residential complex in which a rental unit is contained.

H. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any rental unit for rent or entitled to receive rent for the use and occupancy of a rental unit, and the agent, representative, or successor of any of the foregoing.

I. "Landlord's family member" means a spouse, brother, sister, children, grandchildren, parents, or grandparents of a landlord, provided the is a natural person whose name is on the title of the property and not a corporation or partnership. A natural person is required to have at least fifty-one (51) percent ownership in the rental property.

J. "Rent" means the sum of all periodic payments and all nonmonetary consideration demanded or received by a landlord from a tenant for the use or occupancy of a rental unit, including tenant's access to and use of housing services. "Rent" includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. "Rent" does not include any of the following: security deposits, utility charges billed separately to the tenant by the utility company, and pass-through fees and charges authorized pursuant to Chapter 20 (Rental Stabilization) of Title 8 of this Code.

K. "Rental agreement" means an agreement, oral, written, or implied, between a landlord and tenant for the use or occupancy of a rental unit and related housing services.

L. "Rental complex" means one (1) or more buildings used in whole or in part for residential purposes, located on a single lot, contiguous lots, or lots separated only by a street or alley.

M. "Rental unit" means any dwelling unit, as defined under California Civil Code Section 1940(c), located in the City and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including, and accessory dwelling units.

N. "Tenancy" means the lawful right or entitlement of a tenant to use or occupy a rental unit. This includes a lease or a sublease.

O. "Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a rental agreement, to the use or occupancy of any rental unit.

(Ord. No. 23-11, § 1, 10-25-2023)

A. No landlord shall terminate a tenancy of an occupied rental unit if at least one (1) tenant has continuously and lawfully occupied the rental unit for twelve (12) months or more unless the landlord can demonstrate either a just-cause or no-fault just cause termination.

B. When terminating a tenancy either just cause or no-fault just cause, a landlord must comply with all of the following:

1. The landlord must serve a written notice to the tenant in accordance with California Civil Code Sections 1946 and 1946.5 that states the landlord will terminate the tenancy, indicates at least one (1) for-cause or no-fault reason for termination in reasonable detail, and includes any other information required by federal or state law; and

2. The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the rental unit beyond the term of the terminated tenancy in compliance with California Civil Code Sections 1945 through 1946.5; and

3. The landlord qualifies the termination as just cause or no-fault just cause, as specified in this section; and

4. If the termination is a no-fault just cause termination, the landlord has provided the tenant with the notice of relocation assistance required by Maywood Municipal Section 8-17.08; and

5. The landlord has submitted to the department, within five (5) days after service of the notice of termination on the tenant, a true and accurate copy of the landlord's written notice of termination, and proof of such service, signed under penalty of perjury, on the tenant. The landlord shall maintain proof of service to the department as evidence that the landlord has complied with this section.

(Ord. No. 23-11, § 1, 10-25-2023)

A. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a rental unit, the termination qualifies as a just cause termination.

1. Failure to pay rent. Tenant failed to pay rent within three (3) days of written notice being served on tenant by landlord demanding payment as provided in paragraph (2) of California Code of Civil Procedure Section 1161.

2. Violation of material term of rental agreement. Tenant violated a material term of the rental agreement as provided in California Code of Civil Procedure Section 1161(3), after receiving written notice to cease, and did not cure such violation within ten (10) days after receiving written notice from the landlord of such violation.

3. Waste. A tenant committed waste as described in California Code of Civil Procedure Section 1161(4).

4. Nuisance or illegal purpose. Tenant has maintained, committed, or permitted the maintenance or commission of a nuisance at the rental unit or used the rental unit for an illegal purpose as provided in California Code of Civil Procedure Section 1161(4) including:

a. Any crime or act of violence committed by a tenant of a rental unit which involves use of a gun or a deadly weapon, or inflicts serious bodily injury and for which a police report has been filed; or

b. Any threat of violent crime or violence, which includes any statement made by a tenant, or at the tenant's request, by the tenant's agent, to any person who is on the property where the rental unit is located, threatening to commit a crime or violence which will result in death or serious bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety; or

c. Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages the rental unit beyond normal wear and tear and that condition has not been promptly abated or repaired after written notice to the tenant from the landlord and the passage of a reasonable cure period.

It shall be an affirmative defense to an action for possession of a rental unit under this Section 8-17.05(A)(4) if a court determines that: (i) the tenant or the tenant's household member is a victim of an act or acts that constitute domestic violence or sexual assault or stalking; and (ii) the notice of termination is substantially based upon the act or acts constituting domestic violence or sexual assault or stalking against the tenant or a tenant's household member, including but not limited to an action for possession based on complaints of noise, disturbances, or repeated presence of police.

5. Failure to sign substantially similar lease. The tenant has refused to execute a written extension or renewal of a rental agreement upon expiration of a prior rental agreement, after written request or demand from the landlord, but only if the provisions are substantially similar and the additional term is of similar duration to the prior written rental agreement, and is consistent with federal, state, and local laws. For purposes of this subsection, the landlord's written request or demand must be received no later than sixty (60) days before final day of tenancy of the prior rental agreement.

6. Assignment or subletting in violation of lease. The tenant has assigned or sublet the rental unit in violation of the rental agreement, as provided in California Code of Civil Procedure Section 1161(4). Notwithstanding any contrary provision in this section, a landlord shall not take any action to terminate a tenancy based on a tenant's sublease of the rental unit if all the following requirements are met:

a. The tenant requests permission from the owner in writing to sublease the rental unit;

b. The tenant continues to reside in the rental unit as their primary residence;

c. The sublease replaces one (1) or more departed tenants under the lease on a one-for-one basis; and

d. The landlord fails to respond to the tenant in writing within forty-five (45) days of the receipt of the tenant's written request. If the landlord fails to respond to the tenant's written request, the request shall be deemed approved by the landlord if the lease is for a period of one (1) year or less. A landlord's reasonable refusal of the tenant's written request may be based on, but is not limited to, the grounds that the total number of occupants in a residential real property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision.

7. Refuse access. Tenant's refusal, after landlord has provided a written request, to allow the landlord reasonable access to the rental unit for the purpose of making necessary repairs or improvements in accordance with California Civil Code Sections 1101.5 and 1954 and California Health and Safety Code Sections 13113.7 and 17926.1.

8. Failure to vacate after termination of employment. Tenant was employed by the landlord to serve as a resident manager or other employee, was provided with the rental unit as part of or as a condition of the employment and the employment has been terminated. This provision shall not apply to any tenant whose tenancy in the building or complex housing the rental unit commenced prior to assuming managerial responsibilities or whose status as a tenant commenced prior to their status as a resident manager.

9. Failure to vacate after termination of lease. When the tenant fails to deliver possession of the rental unit after: (a) providing the landlord written notice as provided in Civil Code Section 1946 of the tenant's intention to terminate a lease; or (b) making a written offer to surrender, that is accepted in writing by the landlord, but the time specified in that written notice as described in Code of Civil Procedure Section 1161(5) has expired.

10. Criminal activity by the tenant on the rental unit, including any common areas, or any criminal activity or criminal threat, as defined in Section 422(a) of the California Penal Code, on or off the rental unit, that is directed at any landlord or agent of the landlord of the rental unit. Further, at-fault just cause eviction of a tenant under this provision shall only apply to that tenant who committed the criminal activity described herein. If a tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the tenant within the applicable statute of limitations period, the tenant shall be offered the right to restore the tenancy only if the same rental unit is available.

(Ord. No. 23-11, § 1, 10-25-2023)

A. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a rental unit, the termination qualifies as a no-fault termination.

1. A landlord seeks in good faith to recover possession in order to imminently: (a) demolish the rental unit; or (b) withdraw the rental unit permanently from rental housing use pursuant to the Ellis Act and other applicable state laws. In the case of any amendment to the Ellis Act, or any other provision of state law which amendment is inconsistent with this paragraph, this paragraph shall be deemed to be amended to be consistent with state law, and to the extent it cannot be so amended shall be interpreted to be effective as previously adopted to the maximum extent possible.

2. A landlord seeks in good faith to recover possession of a rental unit for the use and occupancy by landlord or landlord's family member as the principal residence only once for that person for each rental complex of the landlord. Said rental unit must be occupied as the principal residence within ninety (90) days of the tenant household vacating the rental unit, and the rental unit must continue to be occupied as the principal residence of landlord or landlord's family member for at least three (3) years, as affirmed by the landlord in a written affidavit submitted to the City.

a. A landlord must provide the tenant sixty (60) days' written notice that the landlord intends to terminate the tenancy pursuant to this subsection.

b. Owner-occupancy disclosure.

i. Not less than sixty (60) days prior to the final date of the tenancy, in addition to any notice required by California Civil Code Section 827, the landlord must disclose to the department the name(s) of the eligible individual(s) who will occupy the rental unit, and the relationship of said individual(s) to the landlord. The information shall be provided on a form approved by the City and under penalty of perjury.

ii. The department may contact landlord during the three-year occupancy time frame to confirm that the landlord or landlord's family member resides in the recovered rental unit(s), and may obtain written verification of residency, signed by the landlord under penalty of perjury.

c. A landlord may not terminate a tenancy under this section if any of the following apply, unless the landlord or landlord's family member who will reside in the dwelling unit is similarly situated as the tenant or tenant's household members who are being displaced:

i. Any tenant in the rental unit has continuously resided in the rental unit for at least five (5) years, and a member of tenant's household is either: (A) sixty (60) years of age or older; or (B) disabled as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code;

ii. Any tenant in the rental unit is terminally ill as certified by a treating physician licensed to practice in the state of California; or

iii. Any tenant in the rental unit is a low-income tenant (low-income tenant means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5).

d. The Landlord may only recover possession of a unit once in a thirty-six (36) month period under this section.

e. Tenant's right of first return.

i. If a landlord or landlord's family member ceases occupation of the rental unit within three (3) years after the final date of tenancy, the tenant of a rental unit is entitled to receive notice of the first right to return to rent the same unit at the rent previously charged plus any annual rent increases allowed under Chapter 21 of Title 8 of this Code.

ii. Nothing in this section shall be construed to relieve the landlord of the obligation to directly contact the former tenant and to advise the tenant that the recovered rental unit will again be offered for rent.

B. All no-fault terminations of tenancy are eligible for relocation assistance.

(Ord. No. 23-11, § 1, 10-25-2023)

A. Before a landlord of rental unit issues a notice to terminate a tenancy for cause that is a curable lease violation, the landlord shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to California Code of Civil Procedure Section 1161(3). If the violation is not cured within the time period set forth in the notice, a three (3) day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.

B. Any written notice to cease or correct must:

(1) Be dated and served upon the tenant, pursuant to at least one (1) of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended from time to time;

(2) Inform the tenant that failure to cure may result in the initiation of eviction proceedings;

(3) Inform the tenant of the right to request a reasonable accommodation;

(4) Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tenant determine the date(s), place(s), witness(es), and/or circumstance(s) that support the reason(s) for the termination of the tenancy.

(Ord. No. 23-11, § 1, 10-25-2023)

A. Permanent relocation assistance. When relocation assistance must be paid to tenants who are evicted from their rental unit pursuant to Section 8-17.06, the landlord must make the relocation assistance payment in accordance with this section. The landlord must provide written notice to the tenant of the tenant's entitlement to permanent relocation assistance at the same time the landlord serves a notice of termination of tenancy.

1. The landlord shall pay a relocation assistance amount equal to three (3) times the tenant's monthly rent in effect when the landlord served the notice to terminate the tenancy.

2. If any tenant residing in the rental unit from which the tenants are to be displaced includes a qualified tenant, then all tenants living in the rental unit are collectively entitled to additional relocation assistance as follows:

a. The landlord shall pay an additional relocation assistance amount equal to one (1) times the tenant's monthly rent in effect when the landlord served the notice to terminate the tenancy.

b. For purposes of this subsection, "qualified tenant" means any tenant who: (i) is sixty (60) years of age or older, disabled, as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code; or (ii) has one (1) or more dependent children under the age of eighteen (18) residing in the rental unit; or (iii) meets the income limits for a "lower-income household" as defined in California Health and Safety Code Section 50079.5; or (iv) Has continuously resided in the rental unit for five (5) years or more.

The tenant shall notify landlord within ten (10) days of receiving the termination of tenancy notice, if any of the tenants living in the rental unit from which the tenants are to be displaced includes a qualified tenant, along with any reasonable proof of eligibility.

3. Permanent relocation assistance payments must be paid directly to the tenant.

a. If a rental unit is occupied by two (2) or more tenants, then each tenant of the rental unit shall be paid a pro-rata share of the relocation assistance payment.

b. Landlord shall pay one-half (½) of the relocation assistance due no later than fifteen (15) days following service of the termination of tenancy and the balance due no later than five (5) business days after the tenant has vacated the rental unit. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided pursuant to this chapter shall be recoverable as damages in an action to recover possession.

(Ord. No. 23-11, § 1, 10-25-2023)

A. Temporary untenantable conditions resulting from the activities described in this Section 8-17.09 are not a valid basis for a no-fault just cause eviction under Section 8-17.06.

B. Landlords must mitigate untenantable conditions, including those resulting from the activities described in paragraph C below, either through actions to ensure that tenants can safely remain in their rental unit during the work or through the temporary relocation of tenants to comparable alternative housing accommodations. These two (2) mitigation measures should not be regarded as mutually exclusive but rather as complementary approaches that might be appropriate to different stages of the construction. Untenantable conditions and/or an untenantable dwelling include the conditions described paragraph C below, in Cal. Civil Code § 1941.1 and any other condition that makes the rental unit incapable of being safely occupied.

C. The activities described below will be subject to the mitigation requirements of Section 8-17.09:

1. Substantial rehabilitation consisting of 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. 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. The landlord is required to secure building permits from the City.

2. Work performed in order to comply with housing, health, building, or safety laws of the state or this code, including but not limited to work performed to correct existing untenantable conditions. The landlord is required to secure building permits from the City.

3. Tenant is required to temporarily vacate a rental unit upon the order of any government officer or agency.

4. Fumigation occurs that cannot be completed when a rental unit is occupied.

D. In order to mitigate temporary untenantable conditions, described in Section 8-17.09.B and C, a landlord must:

1. Provide mitigation measures that will meet the standards set forth in applicable housing, health, building and safety laws, unless temporary relocation benefits are provided;

2. Provide for protection of tenant's personal property during construction;

3. Provide for reasonable alternative parking for a tenant otherwise entitled to parking;

4. Provide for protection of tenants to exposure at any time to toxic or hazardous materials including, but not limited to, lead-based paint and asbestos;

5. Take reasonable steps to prevent the disruption of major systems during construction;

6. Provide for the safe storage of construction equipment and materials;

7. Provide for the safe ingress and egress of tenant and tenant's guests;

8. Conform to permitted construction hours under this code or project permits;

9. Post a notification to tenants thirty (30) days prior to commencement of construction or, as soon as practicable in the event of an emergency and in no event less than twenty-four (24) hours prior, in an easily observable location at or near tenant entrances, including on the door of each affected rental unit, which notice shall state the expected duration of the construction work and briefly describe the nature of the work, and shall remain posted throughout the course of construction.

E. Temporary relocation.

1. If the activities described in Section 8-17.09.B and C will make the rental unit an untenantable dwelling or will expose the tenant at any time to toxic or hazardous materials including, but not limited to, lead-based paint and asbestos, the landlord shall provide tenant with the following temporary relocation assistance during the temporary displacement period:

(a) Relocation to a motel or hotel accommodation or a short-term rental which is safe, sanitary, comparable to the tenant's sleeping arrangement, and unless otherwise agreed upon by the landlord and tenant, within a reasonable distance of the tenant's rental unit, and contains standard amenities such as a telephone and television;

(b) Reasonable compensation for meals, if the temporary accommodation lacks cooking facilities;

(c) Reasonable compensation for laundry, if tenant's rental unit included laundry facilities inside the rental unit and the temporary accommodation does not include laundry facilities inside the unit;

(d) Reasonable accommodation for pets that were permitted in tenant's rental unit under the terms of the rental agreement or by law if the temporary accommodation does not accept pets;

(e) Any costs related to relocating the tenant to temporary housing accommodations, regardless of whether those costs exceed rent paid by the tenant for tenant's rental unit; and

(f) Any costs related to returning tenant to his/her rental unit, if applicable.

2. Unless otherwise agreed upon by landlord and tenant, the landlord shall make payment directly to the motel or hotel as required under Section 8-17.09.E.1.a. The landlord shall pay for lodging in the motel or hotel, even if the cost of such lodging is more expensive than the tenant's existing rent calculated on a daily basis. All other compensation under Section 8-17.09.E.1 shall be payable directly to the tenant, unless otherwise agreed upon by the landlord and tenant.

3. The landlord shall have the option, in lieu of providing tenant relocation in accordance with Section 8-17.09.E.1.a of providing the tenant with comparable housing at any time during the period of the displacement, subject to the following:

(a) Such housing shall be comparable to the tenant's rental unit in location, size, number of bedrooms, furnishings, appliances, accessibility, type and quality of construction, proximity to services and institutions upon which the displaced tenant depends, and amenities, including the allowance for pets should the tenant have pets permitted under the rental agreement or by law.

(b) If the landlord provides comparable housing at any time during the period of displacement, the tenant shall be entitled to remain at that same comparable housing unit throughout the period of displacement.

(c) The landlord shall pay all costs associated with the temporary housing, including rent, even if the temporary housing is more expensive than the tenant's existing rental unit.

(d) If the temporary housing is unfurnished, the landlord shall provide essential furnishings and household items or pay reasonable moving costs for the tenant to move essential furniture and household items to and from the rental unit and the temporary housing.

(e) The landlord and tenant may agree that the tenant will occupy a non-comparable replacement unit provided that the tenant is compensated for any reduction in accommodations, amenities, and services.

4. A landlord and tenant may mutually agree to allow the landlord to pay the tenant a per diem amount for each day of temporary relocation in lieu of providing temporary replacement housing. The agreement shall be in writing and signed by the landlord and tenant and shall contain the tenant's acknowledgment that he/she received notice of his/her relocation rights under this Section 8-17.09.E and that the tenant understands his/her rights. The amount of the per diem payment shall be determined periodically by a resolution of the City Council.

5. The temporary housing required by this Section 8-17.09.E shall be available to tenant within 24-hours of service or posting of any order or notice to vacate. In the event the tenant is not required to immediately vacate, temporary housing shall be available to tenant as of the date the tenant actually vacates.

6. The displacement and relocation of a tenant pursuant to this Section 8-17.09.E shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy his or her rental unit upon the completion of the work necessary for the rental unit to comply with housing, health, building or safety laws or any governmental order and the tenant shall retain all rights of tenancy that existed prior to the displacement.

7. A tenant that is relocated for thirty (30) days or more shall not be responsible for any rent due on the rental unit from which it was relocated during the period of relocation and failure to pay rent during this period shall not constitute relinquishment of tenancy rights.

8. Temporary relocation payments as described in this section will be made on a pro-rata basis to the tenant.

9. If the temporary displacement is for thirty (30) days or less, the landlord must provide the tenant a per-diem payment. If the temporary displacement is for thirty-one (31) days or more, the landlord must provide the tenant with comparable temporary accommodations or if agreed to by the landlord and tenant, a per diem payment.

10. The landlord shall provide written notice, before the tenant is temporarily displaced advising the tenant of the right to reoccupy the rental unit under the existing terms of tenancy once the work which necessitated the displacement is completed and the projected completion date of such work. Unless the landlord provides the temporary replacement housing, the tenant shall provide the landlord with the address to be used for the notifications required to be provided by the landlord under this Section 8-17.09.E. When the date on which the rental unit will be available for re-occupancy is known, or as soon as possible thereafter, the landlord shall provide written notice to the tenant by personal delivery, or registered or certified mail. If it became necessary to temporarily relocate the tenant for over thirty (30) days and the tenant has a separate tenancy agreement with a third party housing provider, the landlord shall give the tenant a minimum of thirty (30) days written notice to reoccupy the rental unit. In all other cases, the landlord shall give the tenant a minimum of seven (7) days written notice to reoccupy, unless the landlord gave the tenant written notice of the date of re-occupancy prior to the start of temporary relocation.

11. A copy of all written notices to tenant required by this Section 8-17.09.E shall be filed with the Department within five (5) business days after providing such notice to tenant.

12. Nothing in this Section 8-17.09 shall be construed as authorizing a landlord to require a tenant to vacate a unit, except as permitted under federal, state, or local law.

13. The remedies under this Section 8-17.09 are cumulative and in addition to any other remedies available under federal, state, or local law.

F. Option to voluntarily terminate tenancy.

1. If the temporary untenantable conditions of a rental unit are projected to persist for thirty (30) days or more, the tenant of that rental unit shall have the option to voluntarily terminate the tenancy pursuant to a tenant buyout agreement in accordance with the provisions of Section 8-17.10, and the return of any security deposit that cannot be retained by the landlord under applicable law.

2. If the temporary untenantable conditions of a rental unit continue for thirty (30) days longer than the projected completion date of the work, as set forth in the written notice to tenant required by Section 8-17.10.E.9, the tenant's option to voluntarily terminate the tenancy pursuant to a tenant buyout agreement in accordance with the provisions of Section 8-17.10 shall be renewed.

G. Any action brought by a tenant for a violation of this section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this section.

H. The amount of the per diem payment and other reasonable compensation described in this section shall be determined periodically by a resolution of the City Council.

I. The timing of any payments and notices and any other matters to effectuate the provisions of this Section 8-17.09 shall be set forth in the Administrative Procedures, Regulations and Guidelines.

(Ord. No. 23-11, § 1, 10-25-2023)

A. Landlord's disclosure prior to buyout offer. At the time a proposed buyout agreement is provided, the landlord shall provide each tenant in the rental unit a written disclosure, on a form approved by the department, in English and in the tenant's primary language if other than English translated at the landlord's expense, that shall include all of the following:

1. A statement that the tenant has a right not to enter into buyout negotiations or a buyout agreement;

2. A statement that the tenant may choose to consult with an attorney before entering into a buyout agreement;

3. A statement that the tenant may rescind the buyout agreement for up to thirty (30) days after it is fully executed;

4. A statement that the tenant may contact the department for information about other buyout agreements in the tenant's neighborhood and other relevant information;

5. Any other information required by the department consistent with the purpose and provisions of this section; and

6. A space for each tenant to sign and write the date the landlord provided the tenant with the disclosure.

B. Requirement for buyout agreements. The buyout agreement shall:

1. Be in writing in English and the language in which the buyout agreement was negotiated if other than English translated at the landlord's expense. The landlord shall give each tenant a copy of the proposed buyout agreement at least forty-five (45) days before it is executed by the parties.

2. Include the following statement in bold letters in at least 12-point boldface type in close proximity to the space reserved for the signature of the tenant:

a. "You may cancel this buyout agreement in writing at any time before the thirtieth day after all parties have signed this buyout agreement."

b. "You have a right not to enter into a buyout agreement."

c. "You may choose to consult with an attorney before signing this buyout agreement. The City of Maywood Building and Planning Department may also have information about other buyout agreements in your neighborhood."

C. Rescission of buyout agreement. A tenant shall have the right to rescind a buyout agreement for up to thirty (30) days after its execution by all parties. In order to rescind a buyout agreement, the tenant must hand-deliver, email, or send by certified mail return receipt requested, a statement to the landlord indicating that the tenant has rescinded the buyout agreement.

D. Filing of buyout agreement and disclosure notice. The landlord shall provide the tenant a copy of the fully executed buyout agreement within ten (10) days of execution. Landlord shall also file with the department a copy of the executed buyout agreement, along with proof of service to the tenant of the disclosure notice as required in this section, within ten (10) days after the buyout agreement is executed by all parties.

(Ord. No. 23-11, § 1, 10-25-2023)

A. No landlord may terminate a tenancy or refuse to renew a tenancy or otherwise cause a tenant to vacate a rental unit, if the landlord's intent in termination of the tenancy or refusal to renew the tenancy is retaliatory in nature, and if the tenant is not in default as to the payment of rent.

B. A tenant may assert retaliation affirmatively or as a defense to the landlord's action regardless of the period of time which has elapsed between the tenant's assertion or exercise of rights under this chapter and the alleged act of retaliation.

C. Retaliation against a tenant because of the tenant's exercise of rights under this chapter or Chapter 21 of Title 8 (Rental Stabilization) is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation.

(Ord. No. 23-11, § 1, 10-25-2023)

No landlord, or any person, acting as a principal or agent, or any contractor, subcontractor or employee of the landlord shall engage in harassment of any tenant of any rental unit that is subject to the provisions of Chapter 21 of Title 8 of this Code under any rental unit agreement, which includes the following conduct done with an intent to vex, annoy, injure or intimidate a tenant:

1. Interrupt, terminate reduce or fail to provide housing services required by a rental agreement or by federal, state, or local housing, health or safety laws, or threaten to do so, or violate California Civil Code Sections 789.3 and 1940.2, except when necessary to comply with a court order or local or state law;

2. Fail to perform repairs and maintenance required by a rental agreement or by federal, state, or local housing, health, or safety laws;

3. Conduct elective renovation or construction of rental unit for the purpose of harassing a tenant;

4. Request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation.

5. Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow applicable industry repair, containment or remediation requirements designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;

6. Abuse the landlord's right of access into an rental unit as that right is specified in California Civil Code Section 1954. This includes entries for "inspections" that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain tenants or are used to collect evidence against the tenant or otherwise beyond the scope of an otherwise lawful entry;

7. Abuse the tenant with words which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in-person conversations, through social media postings or messages, or other communications;

8. Influence or attempt to influence a tenant to vacate an rental unit through fraud, intimidation or coercion (examples of such influence or attempts include, but are not limited to, the following: excessive rent increases, baseless threats to evict, threats to report immigration status, threats to report a tenant to the United States Department of Homeland Security, terminating a tenancy on a fraudulent basis of owner-occupancy, excessive and baseless entries by landlord);

9. Threaten the tenant, by word or gesture, with physical harm, or repeatedly mistreat an occupant of a rental unit during in-person conservations, through social media postings or messages, or other communications, with language, verbal or written, that a reasonable person would consider likely to cause fear or provoke an immediate violent reaction.

10. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child, immigration status, source of income, gender identity, gender expression, or any other class expressly protected by a local, state, or federal law;

11. Take action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of an rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a judgment in the tenant's favor in that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a tenant on behalf of a landlord to recover possession of a rental unit;

12. Interfere with a tenant's right to quiet use and enjoyment of the rental unit as that right is defined by California law;

13. Refuse to acknowledge or accept receipt of a tenant's lawful rent payment as set forth in the rental agreement or as established by the usual practice of the parties or applicable law, or in a notice to pay rent or quit;

14. Interfere with a tenant's right to privacy, including, but not limited to, entering or photographing portions of a rental unit that are beyond the scope of a lawful entry or inspection, requesting information about residence or citizenship status, protected class status, or social security number, or requiring any statement, representation, or certification concerning these matters, except as required by law or in the case of a social security number, for the purpose of obtaining information to determine qualification for tenancy, or releasing such information except as required or authorized by law;

15. Remove from the rental unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to enforcement of a legal termination of tenancy or as otherwise authorized by law;

16. Offer payments to a tenant to vacate more than once in six (6) months, after the tenant has notified the landlord in writing that the tenant does not desire to receive further offers of payments to vacate;

17. Attempt to coerce a tenant to vacate with offers of payment to vacate which are accompanied with threats or intimidation. This shall not include settlement offers made in good faith and not accompanied by threats or intimidation in pending eviction actions;

18. Refuse to cash or process a rent check or other form of acceptable rent payment for over thirty (30) days after it is tendered;

19. Engage in repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy;

20. Retaliate, threaten, or interfere with the right of a tenant to: organize and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or distribute and post literature informing other tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards, informing other tenants of their rights and of opportunities to involved themselves in organized tenant activities;

21. Disclose or threaten to disclose to any person or entity information about the immigration status of a tenant in retaliation for engaging in legally protected activities or to influence them to vacate;

22. Prohibit entry by the tenant into the tenant's rental unit absent a judicial order permitting repossession by the landlord or a declaration by a local official that the building or unit is unsafe;

23. Solicit a tenant for sexual conduct in exchange for protection from eviction or make other quid pro quo sexual demands on a tenant; and

24. Retaliate against or threaten a tenant for inquiring with, or seeking assistance from, a government or social services agency.

25. Provide false written or verbal information regarding any federal, state, or local tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice.

26. Fail to maintain a current address, in addition to any electronic payment methods, for delivery of rent payments;

27. Offer payments to: (a) A tenant to vacate, including a buyout agreement offer, more frequently than once every six (6) months, after the tenant has notified the landlord in writing that the tenant does not desire to receive further offers of payments to vacate; or (b) Attempt to coerce the tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.

(Ord. No. 23-11, § 1, 10-25-2023)

A. Mandatory notices to tenants. Landlords must provide to each tenant, prior to or at the time of agreeing to rent or lease a rental unit, a notice of tenant rights under this chapter. The department shall publish a form notice of tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances:

1. When entering into a rental agreement, by including a copy of the form notice as an exhibit or attachment to the written rental agreement;

2. When renewing a rental agreement; and

B. If the rental agreement is negotiated or written in a language other than English, the landlord must also provide the form notice of tenant rights in English and the language in which the rental agreement was negotiated or written.

(Ord. No. 23-11, § 1, 10-25-2023)

A. Enforcement authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.

B. The Department may collect data regarding residential evictions in the city, in an effort to help the city better understand rental housing and its impacts on renters and housing providers, and inform the need to develop and implement additional ordinances or policies regarding residential housing.

(Ord. No. 23-11, § 1, 10-25-2023)

A. The City Manager and City Attorney shall take all actions necessary to implement this Tenant Protection Ordinance and effectuate the intent of the City Council in adopting this Tenant Protection Ordinance, including the preparation of informational materials and forms.

B. To implement and enforce this chapter, the City Manager may adopt administrative procedures, regulations and guidelines consistent with the provisions of this chapter. These administrative procedures, regulations and guidelines shall have the force and effect of law and may be relied upon by the parties to determine their rights and responsibilities under this chapter. Such administrative procedures, regulations and guidelines shall be posted at City Hall or on the City's website or made available by the City when so adopted.

(Ord. No. 23-11, § 1, 10-25-2023)

Any landlord who violates any provision of this chapter, or department's procedures and guidelines, is subject to an administrative citation and fine as provided for in Section 6-4.30 of this Code.

(Ord. No. 23-11, § 1, 10-25-2023)

Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates this chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, any tenant, or any other person or entity acting on behalf of the tenant, who will fairly and adequately represent the tenant's interest, including the city.

(Ord. No. 23-11, § 1, 10-25-2023)

A. Civil liability. Any tenant, or any other person or entity acting on behalf of the tenant, who will fairly and adequately represent the tenant's interest, including the city, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction, against the landlord or any person, acting as a principal or agent, of landlord or any contractor, subcontractor or employee of the landlord, for violation of this chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this chapter. The court may award reasonable attorneys' fees and costs to a landlord who prevails in any such action if the court determines that the tenant's action was frivolous.

B. Defense to eviction. A Tenant may assert as an affirmative defense a landlord's failure to comply with the provisions of this chapter in any action by a landlord to recover possession of a rental unit.

C. Each violation of any provision of this chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

D. The above remedies are not exclusive and do not preclude the city or any tenant from seeking other remedies or penalties provided by applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this chapter.

(Ord. No. 23-11, § 1, 10-25-2023)

Nothing in this chapter shall be construed to prevent the lawful eviction of a tenant by appropriate legal means.

(Ord. No. 23-11, § 1, 10-25-2023)