Redlands Municipal Code Ch. 9.38 Permit Required

9.38.010: PURPOSE:¶

This chapter protects tenants from pretextual evictions in which property owners invoke substantial renovation or demolition of a unit as "just cause" under Civil Code §§ 1946.2, 1947.12, and 1947.13 as adopted by Assembly Bill 1482 (the Tenant Protection Act of 2019, the "Act"), and as may be subsequently amended, by requiring evicting property owners show a government-approved demolition and/or remodeling permit to the tenant prior to initiating an eviction for demolition or substantial remodel of residential real property. (Ord. 2942 § 2, 2022)

Exceptions & meaning →

9.38.020: DEFINITIONS:¶

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

JUST CAUSE:	Shall have the same meaning as in Civil Code § 1946.2, as may be amended.
OWNER:	Shall have the same meaning as in Civil Code § 1946.2, as may be amended.
RESIDENTIAL REAL PROPERTY:	Shall have the same meaning as in Civil Code § 1946.2, as may be amended.
SUBSTANTIALLY REMODEL:	The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a government 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 substantial rehabilitation.
TENANCY:	Shall have the same meaning as in Civil Code § 1946.2, as may be amended. (Ord. 2942 § 2, 2022)

Exceptions & meaning →

9.38.030: NOTICE OF EVICTION BASED ON INTENT TO DEMOLISH OR SUBSTANTIALLY REMODEL…¶

Before an owner of residential real property issues a notice to terminate a tenancy for a no- fault just cause eviction based on demolition or a substantial remodel of residential real property, the owner shall have obtained all necessary permits for the substantial remodel and/or demolition from all applicable government agencies. All termination notices for no-fault just cause eviction described in this chapter shall include a copy of all issued permits, which permits must then be in effect, and not be expired or revoked. The owner shall include reasonably detailed information in the termination notice regarding each of (i) the scope of the work, (ii) why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and (iii) why the work requires the tenant to vacate for at least thirty (30) days. These requirements are in addition to and do not supersede any other obligation the owner may have under applicable local, state, and federal law. No other legal remedies available to owners are affected by this chapter. (Ord. 2942 § 2, 2022)

Exceptions & meaning →

9.38.040: RELOCATION PAYMENTS:¶

To the extent applicable for a no-fault just cause eviction for intent to demolish or substantially remodel residential real property under California Civil Code § 1946.2(b)(2)(D), the owner must provide relocation assistance in the form of: (i) a rent waiver equal to two months of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy; or (ii) a payment of four thousand five hundred dollars ($4,500), whichever is greater. The direct payment of four thousand five hundred dollars ($4,500) shall be paid to the tenant in two payments. The first payment shall be two-thirds (2/3) of the rental assistance to be paid within fifteen (15) calendar days after the notice of termination is served on the tenant and the second payment shall be one-third (1/3) of the rental assistance to be paid when the tenant vacates the residential real property. The notice of termination shall state the terms of the applicable rental assistance. (Ord. 2942 § 2, 2022)

Exceptions & meaning →

9.38.050: EXCLUSIONS:¶

The provisions of this chapter shall not apply to the types of residential real properties or residential circumstances described in California Civil Code § 1946.2(e). (Ord. 2942 § 2, 2022)

Exceptions & meaning →

9.38.060: APPLICATION:¶

This chapter shall apply to notices of terminations issued on or after the effective date of this chapter and to tenancies: (1) where the tenant remains in possession; and (2) the period of notice required for notices of termination under California Civil Code §§ 1946.1 and 1946.2 have not expired as of the effective date of this chapter. (Ord. 2942 § 2, 2022)

Exceptions & meaning →

9.38.070: ENFORCEMENT AND PENALTIES:¶

An owner's failure to comply with this chapter shall render any notice of termination of tenancy issued void. The requirements of this chapter may be asserted by the tenant as an affirmative defense in an unlawful detainer proceeding. In addition to any other remedies available in law and equity, any owner of residential real property who intentionally violates this chapter when issuing an invalid termination notice pursuant to this chapter shall be liable in a civil action to the tenant for a civil penalty in an amount of up to fifteen thousand dollars ($15,000) and/or reasonable attorney's fees and costs, each as determined by the court. (Ord. 2942 § 2, 2022)

Exceptions & meaning →