Sebastopol Municipal Code Ch. 9.36 Just Cause Eviction and Tenant Relocation

A. The purpose of this chapter is protect the most vulnerable tenants in Sebastopol from arbitrary evictions by extending the protection of the Act to regulated units, regardless of date of construction, and commencing upon the first day of a lawful tenancy. This chapter is also intended to recognize the challenges of owning and managing regulated units by limiting its application to large projects, which have the capacity to absorb the administrative and financial restrictions imposed herein. This chapter is intended to provide tenant protections in addition to those in the Act.

B. This chapter is more protective than the Act in accordance with Civil Code Section 1946.2(i)(1)(B) because: (1) the just cause for termination of a residential tenancy under this chapter is consistent with the Act, and (2) this chapter provides for increased relocation assistance in certain circumstances as compared to the Act and provides additional tenant protections that are not prohibited by any other provision of law. (Ord. 1160 § 2 (Exh. A), 2025; Ord. 1159 § 3 (Exh. A), 2025)

“Act” means Civil Code Section 1946.2, as now existing and amended from time to time.

“Fair market rent” means the fair market rent as determined by the U.S. Department of Housing and Urban Development for a unit of equivalent size in the Santa Rosa-Petaluma, CA, MSA for the fiscal year in which the rent is demanded.

“Project” means all of the rental units within a building or buildings on a single legal parcel, or on multiple adjacent legal parcels under common ownership or control.

“Regulated units” means a rental unit restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or 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 Section 50093 of the Health and Safety Code or comparable federal statutes.

“Rental agreement” means an agreement, written, oral, or implied, between an owner and a tenant for the use and/or occupancy of a rental unit.

Terms not defined herein shall have the same meaning as in the Act. (Ord. 1160 § 2 (Exh. A), 2025; Ord. 1159 § 3 (Exh. A), 2025)

The Act, as it now exists and as subsequently amended, is hereby incorporated into this chapter, excluding only subdivision (g) thereof regarding local ordinance preemption, subject to the additional local changes contained herein. The Act shall apply within the City of Sebastopol as though fully set forth herein. No tenancy of any residential real property subject to the Act may be terminated except in accordance with the requirements of the Act. (Ord. 1160 § 2 (Exh. A), 2025; Ord. 1159 § 3 (Exh. A), 2025)

A. Application to Regulated Units. Notwithstanding Civil Code Sections 1946.2(e)(7) and 1946.2(e)(9), the Act shall apply to regulated units within the City of Sebastopol regardless of the date a certificate of occupancy was issued for the regulated unit, but only if the regulated unit is part of a project with 40 or more rental units.

B. Commencement of Protection for Regulated Units. Notwithstanding Civil Code Section 1946.2(a), after a tenant has commenced lawful occupation of a regulated unit pursuant to a rental agreement, the owner of the regulated unit shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy in accordance with the requirements of the Act. This section shall not be constructed to apply to any transient, as defined in SMC 3.12.020. (Ord. 1160 § 2 (Exh. A), 2025; Ord. 1159 § 3 (Exh. A), 2025)

If the owner of a regulated unit subject to SMC 9.36.040(A) seeks to recover possession of the regulated unit where such recovery of possession is based on a no-fault just cause as defined in the Act, the amount of the relocation payment required by the Act shall be equal to three times the monthly fair market rent for the regulated unit being vacated, or three times the actual monthly rental rate for the regulated unit, whichever is greater. If the owner elects to waive last month’s rent pursuant to Civil Code Section 1946.2(d)(2) in lieu of payment to the tenant, the owner shall pay the difference between the actual rent and the amount due under this section to tenant no later than the date upon which tenant’s last month rent would have been due but for the waiver. (Ord. 1160 § 2 (Exh. A), 2025; Ord. 1159 § 3 (Exh. A), 2025)

This chapter shall not apply to the extent that application of this chapter to a regulated unit would violate State or Federal law or regulation. (Ord. 1160 § 2 (Exh. A), 2025; Ord. 1159 § 3 (Exh. A), 2025)

A. An owner of a rental unit’s failure to comply with any requirement of this chapter may be asserted as an affirmative defense in an action brought by the owner to recover possession of the rental unit. A tenant who prevails in a case for wrongful eviction due to the landlord’s noncompliance with this chapter shall recover costs and reasonable attorney’s fees.

B. Whenever an owner violates the requirements of this chapter, a tenant may institute a civil proceeding for money damages or injunctive relief, or both. Owners found to have violated this chapter shall be subject to appropriate injunctive relief and shall be liable for damages, costs and reasonable attorney’s fees, and whatever other relief the court deems appropriate.

C. The remedies provided in this chapter are not exclusive, and nothing in this chapter shall preclude the City or any person from seeking any other remedies, penalties or procedures provided by law.

D. The City shall have the right and authority, but not the duty, to enforce the requirements of this chapter. (Ord. 1160 § 2 (Exh. A), 2025; Ord. 1159 § 3 (Exh. A), 2025)

This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. (Ord. 1160 § 2 (Exh. A), 2025; Ord. 1159 § 3 (Exh. A), 2025)