§98.0702 Definitions

For the purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Buyout agreement means an agreement where the landlord pays the tenant money or other consideration to vacate the residential rental property . A buyout agreement does not include an agreement to settle a pending unlawful detainer action.

Buyout offer means any discussion or bargaining, whether oral or written, between a tenant and a landlord regarding the possibility of entering into a buyout agreement . A counteroffer by the tenant does not end discussion or bargaining of a buyout offer .

Commission means the San Diego Housing Commission.

Disabled means any person with a disability as defined in California Government Code section 12955.3, as may be amended.

Ch. Art. Div. 9 8 7 1

San Diego Municipal Code (3-2024)

Chapter 9: Building, Housing and Sign Regulations

Dwelling unit has the same meaning as in San Diego Municipal Code section 113.0103, as may be amended.

Family trust means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child (by blood or adoption), parent, grandparent, or grandchild (by blood or adoption).

Landlord means an owner and any person, acting as principal or through an agent, who has the right to offer residential rental property for rent, and includes a predecessor in interest to the landlord .

Lease means any lease, sublease, or agreement, written or oral, for the use and occupancy of residential rental property .

Natural person includes a natural person who is a settlor or beneficiary of a family trust ; or if the residential rental property is owned by a limited liability company or partnership, a natural person with a 25 percent ownership in the residential rental property .

Non-profit transitional housing means temporary housing operated by a non-profit organization for up to 24 months with supportive services to individuals and families with the goal of interim stability and support to successfully move to and maintain permanent housing, which may cover housing costs and accompanying supportive services for program participants.

Owner means a natural person that has at least a 25 percent recorded ownership interest in the residential rental property ; a natural person who has any recorded ownership interest in the residential rental property if 100 percent of the recorded ownership is divided among owners who are related to each other as sibling, spouse, domestic partner, child (by blood or adoption), parent, grandparent, or grandchild (by blood or adoption); or a natural person whose recorded interest in the residential rental property is owned through a limited liability company or partnership.

Residential rental property means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.

Retaliation means any threat or any other adverse action against a tenant for exercising or attempting to exercise any right guaranteed under this Division.

Ch. Art. Div. 9 8 7 2

San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

(3-2024)

Section 8 means residential rental property in which the tenant receives tenant-based housing assistance under Section 8 of the United States Housing Act of 1937, also known as the Housing Choice Voucher Program.

Senior means any person 62 years old or older.

Tenancy means the lawful right or entitlement of a tenant to continuously use or occupy a residential rental property for more than 30 days. A tenancy does not include a lease for a fixed-term of three months or less, including any extensions or renewals of that lease for a fixed-term of three months or less.

Tenant means a tenant, subtenant, lessee, sublessee, or any other natural person entitled to lease any residential rental property .

(“When Tenants’ Right to Know Regulations Apply” added 3–30–2004 by O-19269 N.S.)

(Retitled to “Definitions” and amended 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)

(Amended 2-27-2024 by O-21769 N.S.; effective 3-28-2024.)