Article I — JUST CAUSE EVICTIONS AND TENANT PROTECTION

SEC. 27-1. CITATION.

This article shall be known as the “Just Cause Eviction and Tenant Protection Ordinance.”

(Ord. No. 3012)

SEC. 27-2. RESTRICTIONS ON TERMINATION OF TENANCY WITHOUT JUST CAUSE.

(A) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 30 days, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.

(B) For purposes of this article, “just cause” includes either at-fault just cause or no-fault just cause.

(Ord. No. 3012)

SEC. 27-3. AT-FAULT JUST CAUSE.

At-fault just cause includes any of the following:

(A) Default in the payment of rent.

(B) (1) A breach of a material term of the lease, as described in Cal. Code of Civil Procedure, Section 1161(3) including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.

(2) A "breach of a material term" shall not include:

  (a)  1. The obligation to limit occupancy, provided that the additional occupant who joins the tenant of the residential real property thereby exceeding the limits on

occupancy set forth in the lease is a dependent under age 18, or a replacement tenant who moved in after an approved tenant vacated the residential real property, so long as the additional replacement tenant does not exceed the limits set forth in the Uniform Housing Code.

    2. The owner shall have the right to approve or deny the prospective additional or replacement tenant, who is not a minor dependent child, provided that the

owner does not unreasonably withhold approval. If the owner fails to respond to the tenant in writing with a description of the reasons for the denial of the request within a reasonable time from receipt of the tenant's written request, the tenant's request shall be deemed approved by the owner.

    3.  Notwithstanding any other provision of this article, and notwithstanding any contrary provision of a rental agreement, an owner shall take no action to

terminate a tenancy based on the tenant's sublease of the unit if all of the following conditions are met:

      a. The original tenant continues to reside in the unit;

      b. The sublessee replaces a departed tenant, who had a right to occupy the rental unit under a rental agreement, on a one-for-one basis; and

       c. The landlord has unreasonably withheld approval of the new tenant after a request was made by the tenant or, if no such request was made, the owner

failed to provide the tenant with a reasonable opportunity to correct the violation.

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

(D) Committing waste as described in Cal. Code of Civil Procedure, Section 1161(4).

(E) The tenant has refused to execute an extension of a written lease. This ground for termination of a tenancy applies only if:

(1) The owner requests or demands that the tenant execute a written extension of a written lease previously entered into between the tenant and the owner;

(2) The owner makes that request within 30 days before or after the termination of that lease; and

(3) The written extension of the lease is for a similar duration as the previous written lease and includes substantially identical terms and conditions. The addition of

a provision allowing the owner to terminate the lease to allow for the occupancy of the owner, or the owner's spouse, domestic partner, child, grandchild, parent, or grandparent constitutes a similar lease provision for the purposes of this subsection (E).

(F) Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in Cal. Penal Code, Section 422(a), on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property or members of tenant’s household or other tenants of the residential real property. This at-fault just cause provision shall apply if the owner has, within a reasonable time, reported the criminal activity to law enforcement. 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 residential real property is available.

(G) (1) Assigning or subletting the premises in violation of the tenant’s lease, as described in Cal. Code of Civil Procedure, Section 1161(4).

(2)  Notwithstanding any contrary provision in this section, an owner shall not take any action to terminate a tenancy based on a tenant’s sublease of the residential

real property if all the following requirements are met:

  (a) The tenant requests permission from the owner in writing to sublease the residential real property;

  (b) The tenant continues to reside in the residential real property as their primary residence;

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

  (d) The owner fails to respond to the tenant in writing within a reasonable amount of time of the receipt of the tenant’s written request. If the owner fails to

respond to the tenant’s written request, the request shall be deemed approved by the owner if the lease is for a period of one year or less.

An owner’s reasonable refusal of the tenant’s written request may be based on, but is not limited to, the ground 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.

(H) The tenant’s refusal to allow the owner to enter the residential real property as authorized by Cal. Civil Code, Sections 1101.5 and 1954, and Cal. Health and Safety Code, Sections 13113.7 and 17926.1.

(I) Using the premises for an unlawful purpose as described in Cal. Code of Civil Procedure, Section 1161(4).

(J) 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 Cal. Code of Civil Procedure. This ground for termination does not apply if the occupant's employment or status as agent or licensee began while the occupant was a tenant.

(K) When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Cal. Civil Code, Section 1946 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 Cal. Code of Civil Procedure, Section 1161(5).

(Ord. No. 3012, 3049, 3058)

SEC. 27-4. NO-FAULT JUST CAUSE.

No-fault just cause includes any of the following:

(A) The intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.

(1)  For leases entered into on or after the effective date of this article, this subsection shall apply only if the tenant agrees, in writing, to the termination; or if a

provision of the lease allows the owner to terminate the lease because the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the residential real property for a period of at least 24 months, commencing within 90 days of the termination of tenancy as affirmed by the owner in a written affidavit submitted to the city within five business days of serving a tenant with a notice of termination on the affected tenant.

(2)  For leases entered into before the effective date of this article, an owner may terminate a tenancy so that the unit may be occupied by the owner, or their

spouse, domestic partner, children, grandchildren, parents, or grandparents without first obtaining the tenant's written permission and without a lease provision expressly providing for such a basis for termination. The owner or qualifying relative must intend in good faith to occupy the real property as their primary residence for a period of at least 24 months, as affirmed by the owner in a written affidavit submitted to the city within five business days of service of the notice on the affected tenant.

(3) The affidavit required by subsections (A)(1) and (A)(2) must be on a form provided by the city and must, in addition to being submitted to the city, be provided to

the tenant contemporaneously with the termination notice. The affidavit must include the following information.

(a) A statement that the owner or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents, intends in good faith to occupy the unit as to which the tenancy is to be terminated and to reside in that unit as their principal place of residence for a minimum of 24 months, commencing within 90 days of the termination of the tenancy;

  (b) The name, and the relationship to the owner, of the person for whose occupancy in the unit the tenancy is being terminated; and

  (c) The address of the owner or owner's spouse's domestic partner's, child's, grandchild's, parent's, or grandparent's principal place of residence as of the date

when the tenant was served the notice of termination.

(B) Withdrawal of the residential real property from the rental market under, and subject to, the provisions of the Ellis Act.

(C) (1) The owner complying with an order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.

(2)  Exception. 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,

then the tenant shall not be entitled to relocation assistance as outlined in section 27-6(C).

(D) Intent to demolish or to substantially remodel the residential real property. For purposes of this section, “substantially remodel” means 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 and that requires the tenant to vacate the residential real property for at least 30 days. 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 a substantial remodel. A tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without the violation of health, safety, and habitability legal requirements.

(1) A written notice terminating a tenancy for a just cause pursuant to this Section27-4(D) shall include all of the following information:

  (a) A statement informing the tenant of the owner's intent to demolish the property or substantially remodel the rental unit property.

  (b) The following statement:

“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 thirty (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 thirty (30) days of notifying the owner of your acceptance of the offer.”

  (c) 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:

    1. A copy of the issued permit or permits required to undertake the substantial remodel or demolition.

    2.   If the remodel 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.

  (d) A notification that if the tenant is interested in re-occupying the rental unit following the substantial remodel, the tenant shall in inform the owner of the tenant's

interest in re-occupying the rental unit following the substantial remodel and provide to the owner the tenant's address, telephone number, and email address.

(2) The owner shall provide 60 days advance written notice to the tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the

tenant, the right of first refusal to any comparable vacant rental unit which has been offered at comparable rent owned by the owner; and

(3)  In the event the owner seeks to rent the remodeled unit within six months following the completion of the remodeling work, the evicted tenant shall have the

right of first refusal to reoccupy and rent the unit, unless the owner provides a written waiver by the tenant of their right to reoccupy the premises pursuant to this subsection.

(4) An owner's failure to strictly comply with this section shall render a notice of termination of a tenancy void and shall be an affirmative defense to an unlawful

detainer action.

(Ord. No. 3012, 3041, 3042, 3049, 3058)

SEC. 27-5. JUST CAUSE CURABLE LEASE VIOLATION.

(A) Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to Cal. Code of Civil Procedure, Section 1161(3). 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.

(B) Any written notice to cease or correct must:

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

(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)  Inform the tenant of the contact number for the city; and

(5)  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 eviction.

(Ord. No. 3012)

SEC. 27-6. NO-FAULT JUST CAUSE TENANT RELOCATION ASSISTANCE.

(A) For a tenancy for which just cause is required to terminate the tenancy under this article, if an owner of residential real property issues a termination notice based on a no-fault just cause as defined in section 27-4, the owner shall, regardless of the tenant’s income, provide a direct payment to the tenant as described in subsection (C) below.

(B) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant’s right to relocation assistance and all other rights pursuant to this section.

(C) The amount of relocation assistance shall be equal to: (i) two months of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy, or (ii) $5,000, whichever is greater. Any relocation assistance shall be provided within 15 calendar days of service of the notice.

(1)   If a 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 subsection shall be recoverable as damages in an action to recover possession.

(2) The relocation assistance required by this section shall be credited against any other relocation assistance required by any other law.

(D) An owner’s failure to strictly comply with this section shall render the notice of termination void.

(Ord. No. 3012)

SEC. 27-7. EXEMPTIONS.

This article shall not apply to the following types of residential real properties or residential circumstances:

(A) Transient and tourist hotel occupancy as defined in Cal. Civil Code, Section 1940(b), and properties that have obtained a City of Oxnard short term vacation rental permit and are operating in compliance with that permit and regularly remitting the required transit occupancy tax demonstrating active use as a vacation rental property.

(B) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Cal. 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 State Department of Social Services.

(C) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.

(D) Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.

(E) Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two bedrooms.

(F) A duplex 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.

(Ord. No. 3012)

SEC. 27-8. DEFINITIONS.

For the purposes of this article, the following definitions shall apply:

(A) “Owner” and “residential real property” - Have the same meaning as those terms are defined in Cal. Civil Code, Section 1946.2.

(B) “Tenancy” - The lawful occupation of residential real property, including accessory dwelling units, or mobile home spaces that are not subject toChapter 24, Mobile Home Parks, of the Oxnard City Code, and includes a lease or sublease, as such may be subject to local ordinance.

(Ord. No. 3012)

SEC. 27-9. NOTICES.

(A) Notice of existence of this chapter.

(1) The owner shall post a notice providing information about the existence of this ~, including protections related to immigration or citizenship status of tenant

found under Cal. Civil Code, Section 1940.35 and Cal. Code of Civil Procedure, Section 1161.4, as may be amended. Notice must be posted in English, Purepecha, Mixteco, Otomi, Tagalog, Zapoteco, Nahuatl, and Spanish in a conspicuous location on the property.

(2)  In addition to all other notice requirements specified elsewhere in this article, the owner of any residential real property is required to provide written notice to

tenants of their rights under this article as follows:

  (a) The notice required by this article must include the following information:

    1. The existence and scope of this article; and

    2. The right to relocation assistance in limited circumstances pursuant tosection 27-6.

  (b) The owner must provide tenant with the notice upon serving any notice of change in terms of tenancy.

  (c) The owner must provide the notice on or before the commencement of all tenancies initiated after the effective date of this chapter.

(B) Notice of termination of tenancy. When terminating a tenancy either at-fault or no-fault, an owner must comply with all of the following:

(1) The owner must serve a written notice in accordance with Cal. Civil Code, Sections 1946 through 1946.5, to the tenant that states that, in addition to any

information required by federal or State law, the owner will terminate the tenancy, and that indicates at least one at-fault or no-fault just cause reason; and

(2) The owner has not accepted and will not accept rent or any other consideration in return for the continued use of the residential property beyond the term of the

terminated tenancy in compliance with Cal. Civil Code, Sections 1945 through 1946.5; and

(3) The owner qualifies the termination as at-fault or no-fault just cause; and

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

(5) When the owner and tenant have entered into a written lease, the owner must provide the notice in the language used in the lease, in addition to English. When

the owner and tenant have not entered into a written lease, the owner must provide the notice in the language that the owner and tenant used to negotiate the terms of the tenancy, in addition to English.

(C) Notice as addendum to lease or rental agreement. An owner of residential real property subject to this section shall provide notice to the tenant as follows:

(1)  For any tenancy commenced or renewed on or after the effective date of this article, as an addendum to the lease or rental agreement, or as a written notice

signed by the tenant, with a copy provided to the tenant.

(2) The owner must provide the notice in the language that the owner and tenant used to in the lease, in addition to English.

(3)  For a tenancy existing prior to the effective date of this article, by written notice to the tenant no later than 30 days after the effective date of this article, or as an

addendum to the lease or rental agreement.

(4) The notification or lease provision shall be in no less than 12-point type, and shall include the following: “The Oxnard City Code provides that after all of the

tenants have continuously and lawfully occupied the property for at least 30 days, an owner must provide a statement of cause in any notice to terminate a tenancy. In addition, Oxnard City Code provides tenants evicted for no-fault just cause with the right to relocation payments. See Chapter 27 of the Oxnard City Code for more information.”

(5) Owners must provide the notice to tenants in writing if the application and lease are processed in writing, electronically if the application or lease are processed electronically, or both if both methods are utilized. The provision of the notice shall be subject to Cal. Civil Code, Section 1632.

(Ord. No. 3012, 3049)

SEC. 27-10. ADDITIONAL TENANT PROTECTIONS.

(A) The city manager may adopt administrative procedures and regulations to implement the provisions of this article. Any regulation intended to clarify the meaning of any provision of this article, or to add substantive (as opposed to merely procedural) details necessary to its implementation, shall not become effective unless approved by resolution of the city council. If approved by the city council, the regulation shall be published in an appropriate location, along with any other regulations implementing this article, on the city's website. Any presentation to the city council pursuant to this subsection (A) shall include:

(1) A succinct statement of why the regulation is necessary or desirable;

(2) A succinct statement of what the regulation would do;

(3) A succinct statement of how the proposed regulation is consistent with the intent of the ordinance provision to which it relates; and

(4) The complete text of the proposed regulation.

(B) It is illegal for an owner or representative to retaliate against a tenant for lawfully and peaceably exercising their legal rights, including but not limited to, the right to file a complaint with code compliance. No owner may take any action increasing any rental amount, reducing any service, causing the tenant to involuntarily quit the premises, or discriminating against the tenant because of the tenant's use of any remedy provided by this article.

(C) Any provision of a rental housing agreement that purports to waive any provision of this article is void as against public policy.

(D) An owner's failure to comply with any requirement of this article is an affirmative defense in an unlawful detainer or other action brought by the owner to recover possession of the rental unit.

(Ord. No. 3012, 3049, 3058)

SEC. 27-11. VIOLATIONS.

(A) It shall be unlawful for any person to violate or fail to comply with any provision of this article. The violation of any provision of this chapter shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction as provided in section 1-10.

(B) Any person whose rights pursuant to this article have been violated shall have the right to file an action for injunctive relief and damages. Whoever is found to have violated this article shall be subject to appropriate injunctive relief and shall be liable for damages, costs, and reasonable attorney fees. Treble damages shall be awarded for willful failure to comply with the relocation payment obligations established by this article. Any action pursuant to this article shall be a civil matter and adjudicated through civil court.

(Ord. No. 3012)

SEC. 27-12. SUNSET.

This article shall automatically sunset on December 31, 2030.

(Ord. No. 3012)

SEC. 27-13. FEE ESTABLISHED.

Owners subject to this article shall pay the just cause eviction fee as established by city council resolution. The just cause eviction program fee is to implement and enforce the provisions of this article.

(Ord. No. 3058)