§98.0703 Exemptions

This Division shall not apply to the following types of residential rental properties or residential circumstances:

• (a) transient and tourist hotel occupancy as defined in California Civil Code section 1940(b), as may be amended;

• (b) short-term residential occupancy, as defined in and subject to Chapter 5, Article 10, Division 1 of this Code, as may be amended;

• (c) housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other document as affordable housing for persons and families of very low, low, or moderate income, as defined in California Health and Safety Code section 50093, as may be amended;

• (d) housing subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in California Health and Safety Code section 50093, as may be amended, or comparable federal statutes. This exemption shall not include Section 8 ;

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Chapter 9: Building, Housing and Sign Regulations

(3-2024)

• (e) mobilehomes subject to the Mobilehome Residency Law (California Civil Code sections 798-799.11), as may be amended;

• (f) housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in California Health and Safety Code section 1569.2, as may be amended, an adult residential facility, as defined in Title 22, Division 6, Chapter 6 of the Manual of Policies and Procedures published by the California Department of Social Services, as may be amended, or non - profit transitional housing ;

• (g) dormitories owned and operated by an institution of higher education or an institution offering instruction to any grade from kindergarten through 12;

• (h) r esidential rental property in which the tenant shares bathroom or kitchen facilities with the landlord who maintains their principal residence at the residential rental property ;

• (i) single-family residence occupied by the landlord as the landlord’s principal place of residence, including both of the following:

  • (1) a residence in which the landlord -occupant rents or leases no more than two bedrooms, two accessory dwelling units, or two junior accessory dwelling units, as defined in section 113.0103; and

  • (2) a mobilehome.

• (j) a property containing two separate dwelling units within a single structure in which the landlord occupies one of the dwelling units as the landlord’s principal place of residence at the beginning of the tenancy , so long as the landlord continues in occupancy;

• (k) housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome; and

• (l) residential rental property , including a mobilehome, that is alienable separate from the title to any other dwelling unit , provided that both of the following apply:

  • (1) The landlord is not any of the following:

• (A) a real estate investment trust, as defined in California Internal Revenue Code section 856, as may be amended;

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San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

(3-2024)

• (B) a corporation;

• (C) a limited liability company in which at least one member is a corporation; or

• (D) management of a mobilehome park, as defined in California Civil Code section 798.2, as may be amended.

• (2) The tenants have been provided written notice that the residential rental property is exempt from this Division using the following statement:

This property is not subject to the just cause requirements of Chapter 9, Article 8, Division 7 of the San Diego Municipal Code. This property meets the requirements of San Diego Municipal Code section 98.0703(l) and the landlord is not any of the following: (1) a real estate investment trust, as defined by California Internal Revenue Code section 856; (2) a corporation; (3) a limited liability company in which at least one member is a corporation; or (4) management of a mobilehome park, as defined in California Civil Code section 798.2.

For a tenancy existing before January 1, 2024, the notice required above may be provided in the lease . For a tenancy commenced or renewed on or after January 1, 2024, the notice required above shall be provided in the lease .

(“Exemptions” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)