Union City Municipal Code Ch. 5.50 Residential Landlord and Tenant Relations

The purposes of this chapter are to regulate relations between residential landlords and tenants and to protect tenants from arbitrary, discriminatory, or retaliatory evictions. This legislation is designed to preserve the public peace, health and safety, and advance the housing policies of the City.

(Ord. 839-17 § 4, 2017)

"Landlord"

means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any rental unit or portion thereof, and includes any legal entity or other individuals, employees, agents, contractors, and subcontractors that comprise or represent the landlord.

"Notice of termination"

means a written notice that includes all of the components identified in Section 5.50.060.

"Owner-occupied residence"

means a single dwelling unit in which an individual retains no less than a fifty percent ownership interest in the individual unit, and resides in that unit as his or her permanent residence no less than ten months of any calendar year.

"Rental unit"

means any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant. A rental unit includes a single-family home.

"Tenant"

means any renter, tenant, subtenant, lessee, or sublessee of a rental unit, or any group of renters, tenants, subtenants, lessees, sublessees of a rental unit, or any other person entitled to the use or occupancy of such rental unit, or any successor of any of the foregoing.

(Ord. 839-17 § 4, 2017)

A. The provisions of this chapter shall apply to all rental units within the City, including where a notice to vacate/quit any such rental unit has been served as of the effective date of the ordinance codified in this chapter but where any such rental unit has not yet been vacated or an unlawful detainer judgment has not been issued as of the effective date of the ordinance codified in this chapter, except that this chapter shall not apply to the following types of units:

1. Dwelling units in hotels, motels, and lodging rooming house, and boardinghouses, as those terms are defined in Title 18 of this Code, as long as the tenant(s) in a given dwelling unit do not reside in that unit for more than thirty consecutive days. Terminating a tenancy or requiring an occupant to move, or to check out and reregister before the expiration of thirty days' occupancy is prohibited if a purpose is to avoid the effects of this chapter.

2. The entirety of a single owner-occupied residence, when the owner-occupant rents or leases two or fewer bedrooms.

3. Dwelling units in nonprofit cooperatives owned, occupied, and controlled by a majority of the residents.

4. Each dwelling unit where the rent is controlled, regulated, or restricted by a local, State or Federal government unit, agency, or authority, when the control, regulation, or restriction would preempt local regulation of landlord and tenant relations. This exemption includes, but is not limited to, those dwelling units restricted by a recorded encumbrance on title pursuant to the Federal low income housing tax credit program. This exemption applies unless and until such restrictions, regulations, or controls of residential rents are released or no longer preempt local regulation of the landlord and tenant relationship; this exemption does not apply whenever a dwelling unit may be leased or rented for fair market value.

5. Housing accommodations in any nonprofit hospital, convent, monastery, extended care facility, asylum, residential care or adult day health care facility for the elderly which is licensed for such purpose where such license is required.

6. Rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing at its inception.

7. Housing units owned by any government unit, agency, or authority, including, but not limited to, any division or department of a local, State, or Federal government.

B. The provisions of this chapter may not be waived, and any term of any lease, contract, or other agreement which purports to waive or limit a tenant's substantive or procedural rights under this chapter are contrary to public policy, unenforceable, and void.

(Ord. 839-17 § 4, 2017)

No landlord may terminate a residential tenancy of a rental unit, recover possession of a rental unit or otherwise endeavor to recover possession of a rental unit in the City unless the landlord can demonstrate all of the following:

A. That the landlord possesses a valid business license pursuant to Chapter 5.08 of this Code and has properly registered the rental unit pursuant to Section 5.50.090; and

B. That the landlord has provided the tenant with a notice of tenant rights in accordance with Section 5.50.070; and

C. That the landlord served a notice of termination pursuant to Section 5.50.060; and

D. That the landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the rental unit beyond the term of the terminated tenancy in compliance with California Civil Code Sections 1945, 1946 and 1946.1; and

E. The existence of one of the following grounds for termination:

1. Failure to Pay Rent. The tenant has failed to pay rent to which the landlord is legally entitled pursuant to the lease or rental agreement within three days of receiving written notice from the landlord demanding payment in accordance with California Code of Civil Procedure Section 1161.2. However, this subsection shall not constitute grounds for eviction where tenant has withheld rent pursuant to applicable law.

2. Breach of Rental Agreement. The tenant has violated a material term of the rental agreement.

3. Tenant Illegal Activities. Tenant has used the rental unit for an illegal purpose, including, but not limited to, the unlawful distribution of a controlled substance as contemplated by California Civil Code Section 3486, or the unlawful use, manufacture, or possession of weapons and ammunition as contemplated by California Civil Code Section 3486.

4. Violations of Applicable Health and Safety Code. Tenant created or is maintaining a dangerous and unsanitary condition as described in the Union City Municipal Code or applicable Federal and State law, and that condition has not been promptly abated or repaired as contemplated by applicable law.

5. Tenant Rejected Written Lease Extension. Tenant failed to execute a written extension of an existing rental agreement.

6. Unit Will be Substantially Renovated. The landlord, after having obtained all necessary permits from the City to imminently begin and diligently complete the permitted work, seeks in good faith to undertake substantial repairs or planned capital improvements or other necessary rehabilitation that will temporarily remove the rental unit from the rental market because the rental unit will imminently become unfit for human habitation.

7. Landlord Returning from Deployment. Landlord has rented or leased the entirety of a single rental unit during the landlord's deployment by any United States Armed Forces, and once the deployment has concluded, landlord returns immediately to the rental unit as his or her residence that the landlord usually occupies for use during offduty time.

8. Landlord Condominium Conversion. Landlord is converting the rental unit(s) to a condominium in accordance with Chapter 17.84 of the Union City Municipal Code.

9. Landlord Will Remove Unit from Market. Landlord will, within sixty days, demolish the unit or otherwise remove the unit from any residential rental use or purpose for a minimum of a five-year period. Removal of the unit from the market includes a landlord's election to sell the unit to a bona fide purchaser. If the landlord terminating tenancy seeks to return the unit to the residential rental market prior to the expiration of the five-year period, the landlord shall comply with subsection F.

10. Landlord Will Move into Unit. Landlord, or one of landlord's parents or children, will, within sixty days, move into and reside in the housing unit as his or her permanent residence no less than ten months of any calendar year, for no less than two years from the termination of tenancy. If a landlord seeks to return the unit to the residential rental market prior to the expiration of the two-year period, the landlord shall comply with subsection F.

F. For a termination of tenancy pursuant to subsection (E)(6), (9) or (10) the tenant is entitled to the right to return. The landlord must notify the tenant, upon notice of termination of tenancy, of the right to receive an offer to return to and rent the rental unit when the landlord returns the rental unit to the rental market. The tenant is entitled to receive an offer to return and rent the rental unit upon the following circumstances: (1) the tenant has provided to the landlord a current mailing address at which to receive an offer of the right to return; and (2) the tenant delivers to the landlord an affirmative written acceptance of the offer to return to and rent the unit within thirty days of delivery by the landlord of the offer to return. For purposes of this subsection, "deliver" and "delivery" include deposit with the United States Postal Service of a sealed, addressed envelope, with first-class postage paid. Except as otherwise provided in this chapter, a tenant's right to return shall terminate after five years.

(Ord. 839-17 § 4, 2017)

A. No landlord may do any of the following in bad faith, with ulterior motive, or without honest intent:

1. Interrupt, fail to provide, or threaten to interrupt or fail to provide any housing services under the rental agreement, including, but not limited to, utility services and other amenities and services agreed to by contract;

2. Fail to perform repairs or maintenance required by contract or by State, County, or local housing, health, or safety laws;

3. Fail to exercise due diligence to complete repairs and maintenance once undertaken, including the failure to follow industry-appropriate safety standards and protocols;

4. Abuse or otherwise improperly use landlord's right to access the property;

5. Remove personal property of the tenant(s) from the rental unit;

6. Influence or attempt to influence the tenant(s) to vacate the unit by means of fraud, intimidation, or coercion (including, but not limited to, threats based on immigration status);

7. Offer payment or any other consideration, in return for the tenant(s) vacating the unit, more often than once every six months;

8. Threaten the tenant(s) by word or gesture with physical harm;

9. Interfere with the tenant(s) right to quiet use and enjoyment of the rental unit;

10. Refuse to accept or acknowledge receipt of lawful rent from the tenant(s);

11. Refuse to cash a rent check for over thirty days;

12. Interfere with the tenant(s) right to privacy;

13. Request information that violates the tenant(s) right to privacy;

14. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the tenant(s) comfort, repose, peace, or quiet enjoyment, and that cause, are likely to cause, or are intended to cause the tenant(s) to vacate the unit; or

15. Retaliate against the tenant(s) for the tenant(s) exercise of rights under this chapter or State or Federal law.

B. Nothing in this section prohibits the lawful eviction of a tenant by appropriate legal means.

(Ord. 839-17 § 4, 2017)

In order terminate a residential tenancy of a rental unit or otherwise endeavor to recover possession of a rental unit, a landlord must send the tenant a notice of termination that contains the reason for termination of the tenancy in accordance with Section 5.50.040(E). This requirement is in addition to any other notice requirements imposed by local, State or Federal law.

(Ord. 839-17 § 4, 2017)

A. Landlords must provide to each tenant in a rental unit a notice of tenant rights under this chapter in the three predominant languages spoken in the City. Each notice shall include a proof of service. The City shall provide notices for landlord use. The use of the City provided forms shall be prima facie evidence that the landlord has provided the proper notice. The notice shall contain the information and be in substantially the same form as follows:

The City of Union City regulates the relationship between most landlords and tenants within the City. Generally, a landlord may only terminate your tenancy for specific reasons, which are set forth in Chapter 5.50 of the Union City Municipal Code. Examples of such reasons include, but are not limited to, a failure to pay rent on time as agreed to in the rental contract. In addition to State and Federal Laws, Chapter 5.50 of the Union City Municipal Code creates certain rights for landlords and tenants. Visit the City of Union City website for more information.

B. Landlords must provide tenants with the notice of tenant rights in accordance with subsection A of this section in the following circumstances:

1. Within sixty days of the effective date of the ordinance codified in this chapter;

2. When entering a lease or rental agreement;

3. When renewing a lease or rental agreement;

4. With a notice of termination;

5. At such times as required by the City of Union City, which may include, but is not limited to, when this chapter is significantly amended.

(Ord. 839-17 § 4, 2017)

A. Whenever a landlord retaliates against a tenant for the exercise of any rights under this chapter or engages in activities prohibited under this chapter, the tenant may institute a civil proceeding for money damages or injunctive relief, or both. This section creates a private right of action to enforce all terms, rights, and obligations under this chapter.

B. Any tenant who receives a notice of termination may bring a civil action against the landlord to contest the validity of each necessary component and pre-condition for service of the notice of termination as required by this chapter and to request injunctive relief to halt the termination of tenancy.

1. A landlord's inability to demonstrate compliance with any individual component of or pre-condition to serve a notice of termination as required by this chapter will invalidate, nullify, and avoid the effect of a notice of termination. If a notice of termination is invalidated, the tenant(s) will be entitled to costs and reasonable attorney fees incurred to invalidate the notice of termination.

2. If a landlord can demonstrate compliance with each pre-condition to serve the notice of termination to the tenant(s) by a preponderance of the evidence, the notice of termination will be deemed valid and the landlord is entitled to costs and reasonable attorney fees incurred to defend the notice of termination.

C. Any tenant may bring a civil action to determine the applicability of this chapter to the tenancy, including, but not limited to, a determination of whether the dwelling unit is a rental unit.

(Ord. 839-17 § 4, 2017)

A. A landlord shall register each rental unit within the City. The registration shall be on forms provided by the City and shall include the name and mailing address of the owner or owners of the rental unit as well as any other information deemed necessary by the City.

B. For the sole purpose of reimbursing the City for the reasonable costs of maintaining property registration records and related administrative systems required by this chapter, the landlord of each rental unit shall pay a fee in an amount to be set by the City for each rental unit.

(Ord. 839-17 § 4, 2017)