Pasadena Municipal Code Ch. 9.75 Tenant Protection

The purpose of this chapter is to assist existing tenants in good standing.

(Ord. 6992 § 1 (part), 2004)

For purposes of this chapter, the following words and phrases shall have the following meaning:

A. "Disabled person" means any person who is receiving benefits from a federal, state, or local government, or from a private entity on account of a permanent disability that prevents the person from engaging in regular, full-time employment.

B. "Displaced tenant" means any tenant who vacates a rental housing unit in the city for any of the reasons set forth in Section 9.75.060.

C. "Family member" means the landlord's spouse, grandparents, grandchildren, brother, sister, father-in-law, mother-in-law, daughter-in-law, son-in-law, children, or parents.

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

E. "Minor child" mean any person younger than eighteen years of age.

F. "Senior citizen" means any person sixty-two years of age or older.

G. "Tenant" means any tenant, subtenant, lessee, sublessee, or any other person occupying a rental housing unit pursuant to a rental housing agreement.

H. "Tenant in good standing" means a tenant that, as of the date of eviction, is in compliance with all terms and conditions of the lease, written or unwritten, including but not limited to the following: (i) all rent and financial obligations under the lease; (ii) all restrictions on use of the premises have been complied with and there has been no unauthorized sublet or transfer; (iii) the unit is in good condition excepting for normal wear and tear; (iv) all other covenants and obligations; and (v) for rental units owned or operated by educational institutions, in addition to the terms and conditions listed in (i), (ii), (iii), (iv) above, all educational standards, codes of conduct, community rules, and other policies may be set forth in leases with students, faculty members, and staff members.

I. "Unit" or "rental unit" means any residential housing unit excluding single family residents and condominium units.

(Ord. 6992 § 1 (part), 2004)

(Ord. No. 7307, § 2, 8-21-2017)

A. The provisions of this chapter are applicable to multifamily, rental units. Single-family residences and condominiums are exempt from the provisions of this chapter.

B. Pursuant to state law, board and care facilities and other state licensed care facilities are exempt from the provisions of this chapter.

(Ord. 6992 § 1 (part), 2004)

(Ord. No. 7307, § 3, 8-21-2017)

A. The requirements set forth in this chapter shall not apply to any tenant whose tenancy is terminated based on any violation of the express or implied terms of a lawful rental housing agreement entered into between the landlord and the tenant.

B. The requirements set forth in this chapter shall not apply if rental unit is rendered not habitable as a result of an earthquake or other natural disaster.

C. The requirements set forth in this chapter shall not apply if the eviction is a result of the tenant having caused such physical damage to the unit, that the unit is not habitable.

(Ord. 6992 § 1 (part), 2004)

(Ord. No. 7307, § 4, 8-21-2017)

Landlords or property owners shall be required to provide to each existing tenant, a one- page information sheet, which outlines the provisions of this chapter. The information sheet will be multi-lingual, with languages to be determined at the sole discretion of the city. The sheet shall also include, but not be limited to the following information: links to appropriate web-sites, housing and community development division, and city's housing mediation contractor. The city's housing department shall prepare the information sheet.

(Ord. 6992 § 1 (part), 2004)

A. For all tenants in good standing living in households at or below 140% of the median income, by household size, landlord shall pay a relocation allowance equal to two and one-half (2½) months fair market rents as established by the U.S. Department of Housing and Urban Development ("HUD") for a rental unit of a similar size. In addition to the relocation allowance, landlord shall also pay a moving expense allowance in the amount of $1,306.00 for adult households or $3,935.00 for households with dependents, disabled, or senior members. The amounts listed are adjusted for FY 2019 and will continue to be adjusted as provided in paragraph C below.

B. For all tenants in good standing, who meet the income eligibility requirements of paragraph A above, and who have maintained continuous tenancy for a period of 10 years or more shall be entitled to enhanced relocation allowance and moving expenses. The total amount of relocation allowance to be paid by the landlord to the tenant is based on the length of the tenancy. For each year after the 10th anniversary, the amount of the base relocation allowance shall be increased by 10%, and shall increase each year thereafter until reaching the maximum of 200% of the base relocation allowance on the 20th anniversary of the tenancy.

C. The relocation allowance and moving expense allowance provided for in this section shall be automatically increased every year in accordance with changes in the HUD fair market rents. The moving expense allowance provided in this section shall be adjusted annually in accordance with the Consumer Price Index (for Los Angeles-Long Beach) pursuant to Section 1.08.060.

D. The relocation allowance provided for in this section shall be triggered if any of the following circumstances occur:

1. Demolition. A landlord or property owner seeks to recover possession of the unit for purpose of demolition.

2. Permanent Removal of Unit from the Rental Market. The landlord seeks to remove the rental unit permanently from the rental housing market.

3. Occupancy by Landlord or Landlord's Family Member. The landlord seeks to vacate the rental unit for the sole purpose of making the unit available for occupancy by the landlord or a family member of the landlord. In this circumstance, the amount of relocation and moving expense allowance which landlord is obligated to pay to the tenant shall be equal to one-half of the relocation allowance and moving expense allowance provided for in this chapter.

4. Government Order to Vacate. The landlord seeks to recover possession of the rental unit in order to comply with a governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates vacating the rental unit as a result of a significant or extended violation of housing, health, building or safety laws of the state of California or the City of Pasadena which would result in a constructive eviction.

5. Change in Ownership. There is a change in ownership of the rental unit and, at any time within 18 months of the change in ownership, the landlord notifies the tenant that at some specific date after the change in ownership, the tenant's tenancy is being terminated, the tenant is being evicted, and/or there is going to be a large rent increase. For purposes of this chapter, a "large rent increase" means any rent increase exceeding the Cost of Living Increase ("CPI") plus five percent (5%) within the 12-month period prior to the notice of the rent increase.

6. Non-Exclusive Remedy. Nothing in this chapter limits the rights of the city or tenant to recover from the landlord any relocation allowance or moving expense allowance or placement assistance or any other assistance provided to assist eligible renters and/or other city costs incurred for the correction/abatement of distressed properties which the city is legally entitled to recover.

E. Landlord's non-renewal and/or termination of tenancy under any of the circumstances described in subsection (C) above, shall not exempt landlord from the obligation to pay relocation allowance and moving expense allowance as provided for in this chapter to any displaced tenant in good standing.

F. Upon request of landlord, city, or city consultant, tenant shall provide the following documentation to determine eligibility for relocation allowance and moving expense allowance:

1. A signed certification of household members and household income on a form acceptable to the city;

2. Documentation of income (e.g., paystubs, public benefits statements, employer verification);

3. Any other documentation as may be reasonably requested by landlord, city, or city consultant.

G. The relocation allowance and moving expense allowance provided for in this chapter shall be available to those students, faculty members, and/or staff members, of any educational institution, living in housing provided by that same educational institution, if such student, faculty member, and/or staff member is able to demonstrate, with evidence acceptable to the city, that their tenancy was terminated by the landlord on a date that is more than 365 days after the date on which the student, faculty member, and/or staff member discontinued enrollment in the institution as a student or discontinued employment as a faculty member and/or staff member at the educational institution. For cases in which the educational institution enters into separate leases with individuals sharing a rental unit as roommates, the following relocation allowance and moving expense allowance shall apply per person: (i) Relocation allowance—Twice the HUD fair market rent for a studio unit; and (ii) Moving expenses—$1,200.00.

(Ord. 6992 § 1 (part), 2004)

(Ord. No. 7307, § 5, 8-21-2017; Ord. No. 7347, § 2, 6-10-2019)

A. If a landlord is required to temporarily recover possession of a rental housing unit in order to comply with housing, health, building, safety laws of the state of California or the city of Pasadena, or if a tenant is required to vacate a unit upon the order of any government officer or agency, the landlord shall not be required to pay the relocation allowance as defined in this chapter, but shall provide temporary relocation benefits to the displaced tenant as provided for in this section.

B. Landlord shall pay tenant an amount based on a daily rate equal to two (2) times the daily pro-rata portion of the rental rate of the tenant's unit. For each day that temporary housing is required tenant shall not be required to pay rent.

C. Landlord shall pay the actual costs of moving and storage if tenant is required to remove personal property from the rental unit. Landlord may select a storage facility within a five (5) mile radius of tenant's rental unit.

D. The displacement and relocation of a tenant pursuant to this section shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy his/her unit upon the completion of the work necessary for the 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.

E. Should temporary relocation exceed 120 days, landlord may opt to terminate tenancy. Landlord shall however be required to comply with Section 9.75.060 of this chapter including paying all relocation fees.

(Ord. 6992 § 1 (part), 2004)

A. Any landlord who fails to provide relocation assistance and moving expense allowance as required by this section shall be liable in a civil action to the tenant to whom such assistance is due for damages in the amount of the relocation fee and the moving expense fee the landlord has failed to pay, a civil penalty in the amount of five hundred dollars and reasonable attorney's fees and costs as determined by the court. The court may also award punitive damages in a proper case. The tenant and/or the city, may enforce the provisions of this chapter by means of a civil action.

B. No landlord shall attempt to secure from a tenant any waiver of any provision of this chapter. Any agreement, whether written or oral, whereby any provision of this chapter is waived, shall be deemed against public policy and shall be void.

(Ord. 6992 § 1 (part), 2004)

(Ord. No. 7307, § 6, 8-21-2017)