Montebello Municipal Code Ch. 9.70 Rental Property

This chapter shall be known as the eviction data collection Ordinance of the city.

(Ord. No. 2437, § 2, 4-28-2021)

This chapter is enacted for the purpose of collecting data regarding residential evictions in the city, in an effort to help the city better understand rental housing and its impacts on renters. The data collected by this ordinance may be used by the city to develop and implement additional ordinances or policies regarding residential housing.

(Ord. No. 2437, § 2, 4-28-2021)

Wherever they appear in this chapter, the following defined terms shall have the meanings provided in this section, unless it is apparent from their context that a different meaning is intended:

"City" means the city of Montebello.

"Housing Services" means all services provided by the landlord related to the use or occupancy of a rental unit, including but not limited to, insurance, repairs, replacement, maintenance, painting, utilities, heat, water, elevator service, laundry facilities, recreational areas and/or pools, janitorial service, refuse removal, furnishings, parking, storage, and security services.

"Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive rent of the use and occupancy of any rental unit or portion thereof, and the representative, agent, or successor of such owner, lessor, or sublessor. For purposes of this chapter, a landlord does not include an individual whose primary residence is the same rental unit as the tenant.

"Notice of Termination" means the written notice from a landlord to a tenant informing the tenant of the termination of its tenancy in accordance with California Civil Code Section 1946.1 and California Code of Civil Procedure Section 1162, as amended.

"Rent(s)" is 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.

"Rental Unit(s)" means any dwelling units as defined in California Civil Code section 1940, subsection (c), including joint living and work quarters, located in the city and used or occupied in consideration of payment of rent. This definition applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live workspaces, mobile homes rented by the owner of a mobile home to a tenant, and accessory dwelling units. For purposes of compliance with this chapter, rental unit does not mean any dwelling unit in which the landlord or any member of his/her immediate family occupies one of the dwelling units on the property containing the rental unit and it is necessary for the landlord or any member of his/her immediate family to use either a bathroom or kitchen facility common with the tenant.

"Tenant" means a person entitled, by written or oral agreement, or by sufferance, to the use or occupancy of any rental unit.

(Ord. No. 2437, § 2, 4-28-2021)

No landlord may terminate a residential tenancy of a tenant occupying a rental unit, recover possession of a rental unit or otherwise endeavor to recover possession of a rental unit in the city unless the landlord can demonstrate all of the following:

1. The landlord served a written notice of termination on the tenant, in accordance with California Civil Code Section 1162, setting forth the reason for termination of the tenancy; 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, 1946, and 1946.1; and

3. The landlord has submitted to the city of Montebello, c/o Housing Division, 1600 W. Beverly Blvd., Montebello, CA 90640 via certified mail return receipt requested within five calendar days after service on the tenant, a true and accurate copy of the notice of termination, with proof of such service on the tenant(s) attached.

a. Evidence of proof of service may include receipt of delivery of the notice by the tenant or a sworn statement by the landlord executed under penalty of perjury under the laws of the State of California that confirms service of the notice of termination to the tenant.

b. Landlord shall maintain proof of service to the city as evidence that landlord has complied with this Subsection (3) of Section 9.70.040.

(Ord. No. 2437, § 2, 4-28-2021)

The city will accept copies of all notices of termination received in accordance with Section 9.70.040 and, upon written request of a tenant who verifies residency in the rental unit that is the subject of the notice of termination, and/or upon the written request of the landlord who submitted the notice of termination, will endeavor to provide confirmation to the requesting party that such notice of termination was received; however, the city assumes no responsibility for errors or omissions in its response, and the city's response or lack thereof shall in no way create a city duty, impose an obligation on the city with respect to the requirements of this chapter, or otherwise lead to legal or equitable liability on behalf of the city.

(Ord. No. 2437, § 2, 4-28-2021)

A. A tenant may challenge the validity of a landlord's legal action to terminate a tenancy based on a landlord's failure to comply with any or all of the requirements included in subsections (1) through (3) of Section 9.70.040, including the landlord's failure to provide the city with a true and accurate copy of the notice of termination with proof of service. This failure will invalidate, nullify and avoid the effect of a notice of termination. If a notice of termination is invalidated, the tenant will be entitled to costs and reasonable attorneys fees to invalidate the notice of termination.

B. In a suit for unlawful detainer, a landlord's failure to comply with any or all of the requirements included in subsections (1) through (3) of Section 9.70.040, including the landlord's failure to provide the city with a true and accurate copy of the notice of termination with proof of service, shall constitute an affirmative defense.

(Ord. No. 2437, § 2, 4-28-2021)