HomeMy WebLinkAboutCorrespondence - Non-Agenda
Orozco, Norma
From:Nathaniel Greensides <mynci90@gmail.com>
Sent:Tuesday, July 06, 2021 2:57 PM
To:eComment
Subject:Non-Agenda Item City Council Meeting July 6 2021
Evicting Santa Ana’s residents’ affordability and community stability
No incentives exist for landlords to act in good faith nor does recourse exist for landlords who utilize shoddy tactics to
get tenants to leave. Improperly served notices don’t necessarily result in the court (en)forcing a landlord to actually
learn and follow the law. Even when an eviction notice is legally posted and served to tenants, the eviction case filed in
court can allege something completely unrelated to the notice served. Unless a tenant knows how to navigate the
processes of our court system, there exists no mechanism to put Landlords and their eviction attorneys in their place.
Landlords and their attorneys are literally bankrolling off of fear and ignorance. These eviction attorneys are happy to
take payment from landlords who hardly check (if at all) what exactly an eviction attorney is filing on the Landlord’s
behalf. The Landlord’s attorney has no incentive to file a case on actual grounds – eviction attorneys are literally
profiting off of both tenant and Landlord (LL) ignorance (i.e. defendant failure to respond to the court filed complaint
within 5 days of being served).
Currently, as of July 2021 anyway, hardly any tenant attorneys exist in Santa Ana and OC at large. Of the tenant
attorneys that do exist, those who are willing to take on a case on a tenant’s behalf are currently only doing so for easy
wins – banking on the LL’s ignorance of current inability to evict based on nonpayment of rent. Currently, courts are NOT
processing UDs based on pandemic related non-payment of rent given that the federal and state governments have
attempted to alleviate the issue of non-payment of rent during the pandemic with programs that are hardly distributing
any money to both tenants and LLs at all.
Thus we have this system wherein LLs and their attorneys serve eviction notices with fake reasons – supposed
“substantial repairs”, breaking specific and arbitrary portions of the lease such as regarding keeping the grass green (one
particular case I worked on with a tenant is particularly egregious because the grass has been dead for over two years
due to the landlord failed to pay the landscaping company… the landlord of this single family home which is being
rented to a family of six is only pursuing the eviction now because they want to sell the home), and asinine procedural
loopholes (such as claiming the eviction is based on the tenants not having provided a COVID-19 declaration while
simultaneously making no note whatsoever regarding the eviction notice due to supposed “substantial repairs” which
was provided as evidence or worse, in retaliation for simply requesting proof).
After the notice – with fake cause – expires, the landlord proceeds with filing a case in court. But like I said, courts aren’t
even bothering to proceed with cases relating to pandemic related non-payment of rent, especially with the protections
relating to such having been extended to the end of September 2021. Of course, the court clerk is happy to take
anyform so long as the basic info is filled and court filing fee is included. The clerk doesn’t and isn’t required to check
that the listed reason for filing the eviction with the court matches actually the evidence attached. The LL can thus state
on the court eviction form some reason not even related to the notice or non-payment of rent, and the tenant is now
even more afraid of becoming homeless.
At this point, the tenant and their family either have already moved after simply having received a notice with a fake
reason, or they now are too intimidated to attempt to navigate court systems of law. Seeing as virtually no tenant
attorneys exist, and those tenant attorneys which do exist aren’t taking complicated cases, and seeing as a tenant has
absolutely nowhere else to move to because the rent is way too high and the financial costs of moving definitely isn’t
zero dollars – the social costs are even more heavy upon families whose children must now suddenly change their school
in the middle of the school year – the tenant navigates self-filing a response, and either finds a way to pay the court fees
1
on top of their living expenses or navigates the court fee waiver process. Then boom, the LL/the eviction attorney
request a trial by judge without even reading the tenant response. Had there been no response, the LL and the eviction
attorney would have requested a default judgement and the family would have an eviction on their record – and thus
would have ended their chance at finding new housing.
The court sets a trial date, and the tenant now has to schedule time off work, learn how to navigate current virtual court
date technologies, possibly navigate making requests for interpreters for non-native English speakers, and ensure that
they don’t miss any notices on top of having to look for a new place to live should the court rule against them.
This is not just. Let’s recap:
A LL serves a notice with the fake reason. The tenant has nowhere to move to. The eviction attorney isn’t held to any
standard except knowing the basic process of how to file forms with the court. The court eviction forms allow for
loopholes for eviction cases to proceed in scenarios not related to non-payment of rent while actually being based in
non-payment of rent or LL desire to increase rents above and beyond the legal limit. There exists no mechanism for the
court to see that any particular landlord is egregiously pursuing evictions on multiple residents (even of the same
building in some scenarios) and community members who in many instances have been paying their rents on time for
many many years.
In one of the cases I worked, the tenants found a new place to live, but it’s not available til mid month July. They
informed the LL's eviction attorney who then submitted a stipulation judgement to the court. The court failed to
consider how the eviction notice was not only asserting a fake reason of “substantial repairs”, but also that the form
UD101 states that the tenant failed to provide a declaration to the landlord of inability to pay rent due to the pandemic
(which is abhorrently false and seemingly unrelated to the eviction notice). The tenants did in fact provide the letter to
the landlord and management. But the court doesn’t care. The court cares about the fact that the eviction attorney sent
a stipulated judgement to the court without the unit address listed of the stipulated judgement and the judge even
offers to handwrite it in for this eviction attorney – a supposed professional – as a result of the eviction attorney's own
error.
The tenants are to move into their new apartment mid-month after forking up far too much of their own savings on top
of having remained current on rent all throughout the pandemic. They don’t qualify for any local programs regarding
rent relief having paid rent all throughout the pandemic. The stipulated judgement requires they vacate the unit no later
than one day after their move-in date of their new apartment – this means they have literally less than 24 hours to get
everything out of the old unit and into the new unit. Their new rent is $1800; their old rent was $1400. The LL of the old
property has been painting the building and recent postings for the newly vacated units are starting at $1800. The LL has
also unnecessarily installed new floors in many units. Neither of these things constitutes substantial repairs – maybe a
modest rent increase at most… but not an eviction.
The tenants accepted the stipulated judgement and the LL agrees to not pursue damages after they vacate. The tenants
are simply happy to move on with their lives and not have an eviction on their record (albeit with one more hearing at
the end of the month to prove to the judge that they moved out).
Just like the rental units of former tenants in far too many scenarios, the space for the notion that tenants are more than
a rent check to a landlord – whether corporate or individual – remains vacant.
It’s time for that to change.
2
P.O. Box 555 • Tustin • CA • 92781 Web: OCICE.org Email: rev.srederus@yahoo.eom
40 � 3 Ift k5b 4K
Mayor Vicente Sarmiento, Council Members: Thai Viet Phan, David Penaloza, Jessie Lopez.
Phil Bacerra, Johnathan Ryan Hernandez, Nelida Mendoza
cc: Kristine Ridge, Nabil Saba, William Galvez
Dear Mayor Sarmiento and Council Members,
This letter is in regard to the destruction of trees taking place daily by Southern California
Edison in Southern California.
We at the Orange County Interfaith Coalition for the Environment, OCICE, a 501c3 non-
profit, write to you in appreciation of Santa Ana's planting and care for our growing urban
forest, and to express a deep concern about the unnecessary cutting down of mature trees
in Orange County by Southern California Edison. They are daily destroying hundreds of
oxygen -rich groves in our local areas.
Though we recognize the importance of safety and protection from fires, there must be a
balance between safety and the destruction of needed tree canopy. Trees promote multiple
health and environmental benefits and reach maturity at significant cost to the city budget
over many years.
For some time now, SCE has been encouraging homeowners to have their mature trees cut
down, and they offer to do the job at no expense. This way, SCE isn't on the hook to
regularly trim back residential tree limbs that grow toward electric lines. This is a benefit
to SCE at the expense of the trees and the wellbeing of the environment.
A gross violation of tree life became apparent to OCICE recently when SCE cut down as
many as 15 or more large mature trees on Santa Clara St. along the side of Santa Ana
Cemetery, leaving all the tree stumps without planting other smaller trees in their place.
For every tree SCE destroys, they should be required to put up another more appropriate
one in its place. They should also be required to pay a fine for the removal of a mature and
healthy tree when it is not absolutely necessary. Many of the trees they destroyed were
Canary Island Pines - all trees healthy and productive contributors of shade and oxygen,
where now the sun beats down on drying stumps.
Rev. Susan Chamberlain, OCICE President, called Mr. William Galvez of the Public Works
Agency (PWA) on May 11 to inform him of SCE's actions. He indicated that he would look
into the matter. To date, we have not had any response in spite of repeated phone calls to
the agency.
In fact, the most recent edition of the City of Santa Ana's Designated Tree Species Guide
(March 2021) issued by the PWA, states the following policies:
• It is the City of Santa Ana's Tree Removal Policy to deny removal of any tree on
the City's Designated Species list and to make repairs to the hardscape.
• It is the City of Santa Ana's Tree Removal Policy to deny removal of any tree
species that is not on the City of Santa Ana Designated Species list and not causing
significant infrastructure damage.
• It is the City of Santa Ana's Tree Removal Policy to approve removal of any tree
species that is not in the City of Santa Ana Designated Species Guide and causing
significant infrastructure damage and to make repairs to the hardscape.
• It is the City of Santa Ana's Tree Removal Policy to remove a tree if it is dead,
diseased beyond repair or a hazard to the public.
• It is the City of Santa Ana's Tree Removal Policy to place a notice on any tree that
is approved for removal by the policy prior to scheduling removal.
• It is the City of Santa Ana's Tree Removal Policy to bring appeals to this policy to
the Environmental Transportation and Advisory Commission for their decision.
Since the Canary Island Pines are listed in the Designated Tree Species Guide, the City
through the PWA, should have been informed of and should have denied the removal of
these trees on city property by SCE. Furthermore, since SCE did not seek or get city
approval to remove the trees, the city should fine SCE appropriately, not only for the value
of the trees that were removed, but also impose a punitive fine for not seeking city
approval.
In the budget for the 2019-20 fiscal year, Santa Ana spent over $4 million on an urban
forest. If Santa Ana wishes to be known as a Tree City and a supporter of the environment,
it should monitor the city-wide destruction of trees by SCE as well as many home owners,
encouraging the protection and maintenance of local trees.
We recommend that the city's Climate Action Plan of 2015 be updated and include a public
and private role in creating a healthy urban forest in Santa Ana. A robust tree canopy
reduces carbons, provides shade and cover in high temperatures, and adds to the beauty
and values of our communities.
We welcome further communication regarding our requests and collaboration with the
city s tree projects. We can arrange a virtual or in -person contact with the council at
your/their convenience.
Respectfully Submitted,
Rev. Susan Chamberlain, President, OC Interfaith Coalition for the Environment, OCICE
Margo Finlayson, Co -Chair, Climate Reality, Orange County Ca. Chapter
Vladimir Goren, President, People and Trees, Santa Ana, Ca.
Virginia Bernal, Citizens' Climate Lobby, Santa Ana, Ca. Chapter
Ed Mauer, Rep., Sierra Sage, Sierra Club OC
Larry Mein, former ETAC Commissioner, Ward 3
Tristan Miller, Vice -Chair, Climate Reality, OC, Ca. / S.A. Ward 3 resident
GREAT FUTURES START HERE.
Z/
HOPS & GIR18 CLAM
ar earrta u.rar..m
P.O. Box 152
June 28, 2021
Santa Paula, CA 93061-0152
Honorable Mayor Vicente Sarmiento & City Council
Tel: 805-525-7910
City of Santa Ana
Fax: 805-525-0573
20 Civic Center Plaza,
w .baclubscv.or¢
Santa Ana, CA 92701
Fed Tax ID#95-2497853
Chief Executive officer
Subject: Selection of a Franchise Waste Hauler for Residential and
Jan Marholin
Commercial Solid Waste Management Services
Officers
Helen McGrath
Dear Mayor Sarmiento,
President
Heidi Juarez
On behalf of the Boys & Girls Club of Santa Clara Valley, I am pleased to
Vice President
endorse Athens Services as an outstanding provider of integrated solid waste
Victoria Kopasz
management services. We are a local non-profit and every penny that we save
Secretory
goes directly to our programs for our youth. We are 93% Hispanic and and all
Amy Fonzo•
of our youth are Title 1 youth with free lunch. By having Athens Services
Treasurer
donate their Waste Hauler services to our Boys & Girls clubs it allows us to
Board of Directors
provide more services to our local youth.
Athens is a local family -owned company that has been in the waste services
Scott Beylik
Amy Fukutomi
industry for over 60 years. They are committed to providing innovative,
Keith Gurrola
consistent, and quality environmental services to the cities and communities
Patty Harrison-
they serve. This attention to detail is evident in their everyday service and
Captain * Kuredjian
willingness to always go the extra mile. Athens Services has been a great
An Larson
n
Pamela Lindsay
community partner and supports our organization every year.
Gary Nasalroad•
Even as the COVID-19 pandemic impacted all facets of life since March
John Marquez
2020, Athens has continued to provide seamless service focusing on the safety
Theresa 8obledo
of their staff and our community. During this time, Athens has shown extreme
Connie Tushla
Berta Vassaur
flexibility and worked to provide creative and effective solutions to all their
Ernie Villegas
customers, including local organizations, further highlighting their
commitment.
Based on their premier level of service and their great partnership with the
Santa Paula Chamber of Commerce, I encourage you to consider selecting
Advisory Board
Athens Services to be the City of Santa Ana's residential and commercial
Harold Edwards
Ginger Gherardi
solid waste service provider.
Mirla Hernandez
Brianne McGrath
Monica McGrath
Sincerely,
Mike Mobley
Sheila Tate
Dorcas Thille
Jan Marholin, CEO
•indicates service as
Boys &Girls Club of Santa Clara Valley
past president
Orozco, Norma
From: Lauren Freeman <lauren@intuitivedigital.com>
Sent: Wednesday, June 23, 2021 1:27 PM
To: Lopez, Jessie
Subject: Santa Ana should phase out fossil fuels and fast track clean energy solutions
Dear City Councilmember Lopez,
Our community is being impacted on a daily basis by environmental hazards like lead and fossil fuels. We need to treat
this like the emergency it is and put in place protections for all Santa Ana residents. The resolution brought forward by
Councilmember Lopez is a good first step and roadmap for actions our community can take to resolve these pressing
issues.
Fossil fuels don't just exacerbate climate change, but also poison people. Study after study has shown that extracting,
transporting, refining, and burning fossil fuels harms environmental and human health —and new evidence shows that
toxic air pollution from fossil fuels also makes people more vulnerable to poor outcomes from COVID.
We must phase out fossil fuels from our daily lives —whether it's gas stoves causing asthma, tailpipes blanketing our
streets with smog, or gas stations poisoning water supplies and spreading cancerous chemicals like benzene. It's clear
we must start moving to clean energy systems.
But it's not just fossil fuels that are harming our community. Many neighborhoods in Santa Ana suffer from
disproportionately high levels of lead in their soil, which can lead to serious developmental and health issues. The city
must do more and protect our residents.
Addressing these issues won't just improve our health, it will also improve our local economy. The Biden administration
is investing money in green infrastructure buildout, and we need to make sure we have shovel ready jobs prepared.
What's more, cleaning up environmental pollution and converting our energy systems are massive job opportunities that
could bring family -wage jobs to thousands of people in Santa Ana.
I'm writing to you today to ask you to please pass the climate and public health emergency resolution that calls for an
end to fossil fuel expansion, clean renewable energy choices that save money, actions that will reduce lead and other
environmental toxins in our neighborhoods, family -wage jobs, and an endorsement of the Fossil Fuel Non -Proliferation
Treaty initiative. We can reduce pollution that is cooking the planet and poisoning our communities while improving the
quality of life for every Santa Ana resident.
Please please pass this resolution and commit to taking local action to explore policies that stop fossil fuel expansion,
speed up the clean energy transition, reduce local pollution, and empower our local community and economy.
Thank you,
Lauren Freeman, 97202
Orozco, Norma
From: Cesar Quiroz <info@emaiLactionnetwork.org>
Sent: Thursday, June 10, 2021 11:25 AM
To: Lopez, Jessie
Subject: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
Council Member Jessie Lopez,
I am writing to urge the Mayor and the Garden Grove City Council to follow the Surplus Land
Act by giving super -priority to the Trust for Public Land's proposal as the City engages in the
90-day good faith negotiations." This land is owned by us, the public and we believe the City
is still trying to monetize this land by asserting that this land is worth $90 million and therefore
negating the Surplus Land Act. We do not want to pay for this land twice. Losing Willowick is
irreversible. Follow the Surplus Land Act and give super -priority to Trust for Public Land's
proposal. It is the only proposal that both follows the law and aligns with the community's
vision. The Surplus Land Act process is a public process for publicly -owned land. I urge you
to make the 90-day negotiation process transparent to the public by explaining publicly how
the City is prioritizing proposals.
Cesar Quiroz
quirozcesar2200@yahoo.com
2074 s pacific ave
Santa Ana . California 92704
Orozco, Norma
From: jaime ceja <info@emaiLactionnetwork.org>
Sent: Wednesday, June 09, 2021 7:23 PM
To: Lopez, Jessie
Subject: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
Council Member Jessie Lopez,
I am writing to urge the Mayor and the Garden Grove City Council to follow the Surplus Land
Act by giving super -priority to the Trust for Public Land's proposal as the City engages in the
90-day good faith negotiations." This land is owned by us, the public and we believe the City
is still trying to monetize this land by asserting that this land is worth $90 million and therefore
negating the Surplus Land Act. We do not want to pay for this land twice. Losing Willowick is
irreversible. Follow the Surplus Land Act and give super -priority to Trust for Public Land's
proposal. It is the only proposal that both follows the law and aligns with the community's
vision. The Surplus Land Act process is a public process for publicly -owned land. I urge you
to make the 90-day negotiation process transparent to the public by explaining publicly how
the City is prioritizing proposals.
Jaime cela
jaimecejaOO@yahoo.com
2227 w 14th st
santa ana, California 92706
Orozco, Norma
From: Astrid Zamora <info@emaiLactionnetwork.org>
Sent: Wednesday, June 09, 2021 7:18 PM
To: Lopez, Jessie
Subject: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
Council Member Jessie Lopez,
I am writing to urge the Mayor and the Garden Grove City Council to follow the Surplus Land
Act by giving super -priority to the Trust for Public Land's proposal as the City engages in the
90-day good faith negotiations." This land is owned by us, the public and we believe the City
is still trying to monetize this land by asserting that this land is worth $90 million and therefore
negating the Surplus Land Act. We do not want to pay for this land twice. Losing Willowick is
irreversible. Follow the Surplus Land Act and give super -priority to Trust for Public Land's
proposal. It is the only proposal that both follows the law and aligns with the community's
vision. The Surplus Land Act process is a public process for publicly -owned land. I urge you
to make the 90-day negotiation process transparent to the public by explaining publicly how
the City is prioritizing proposals.
Astrid Zamora
zamorastrid@gmaii.com
11731 Reva Drive
Garden Grove, California 92840
Orozco, Norma
From: Christian Lopez <info@email.actionnetwork.org>
Sent: Monday, June 07, 2021 7:51 PM
To: Lopez, Jessie
Subject: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
Council Member Jessie Lopez,
I am writing to urge the Mayor and the Garden Grove City Council to follow the Surplus Land
Act by giving super -priority to the Trust for Public Land's proposal as the City engages in the
90-day good faith negotiations." This land is owned by us, the public and we believe the City
is still trying to monetize this land by asserting that this land is worth $90 million and therefore
negating the Surplus Land Act. We do not want to pay for this land twice. Losing Willowick is
irreversible. Follow the Surplus Land Act and give super -priority to Trust for Public Land's
proposal. It is the only proposal that both follows the law and aligns with the community's
vision. The Surplus Land Act process is a public process for publicly -owned land. I urge you
to make the 90-day negotiation process transparent to the public by explaining publicly how
the City is prioritizing proposals.
Christian Lopez
lopezchristian520@gmaii.com
12312 9th st
Garden Grove . California 92840
Orozco, Norma
From: Wendy Garcia <info@emaiLactionnetwork.org>
Sent: Monday, June 07, 2021 7:09 PM
To: Lopez, Jessie
Subject: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
Council Member Jessie Lopez,
I am writing to urge the Mayor and the Garden Grove City Council to follow the Surplus Land
Act by giving super -priority to the Trust for Public Land's proposal as the City engages in the
90-day good faith negotiations." This land is owned by us, the public and we believe the City
is still trying to monetize this land by asserting that this land is worth $90 million and therefore
negating the Surplus Land Act. We do not want to pay for this land twice. Losing Willowick is
irreversible. Follow the Surplus Land Act and give super -priority to Trust for Public Land's
proposal. It is the only proposal that both follows the law and aligns with the community's
vision. The Surplus Land Act process is a public process for publicly -owned land. I urge you
to make the 90-day negotiation process transparent to the public by explaining publicly how
the City is prioritizing proposals.
Wendy Garcia
wgarciab23@gmail.com
2222 S. Center St. Apt. B
Santa Ana, California 92704
Orozco, Norma
From: Ashley Vu <info@emaiLactionnetwork.org>
Sent: Monday, June 07, 2021 6:47 PM
To: Lopez, Jessie
Subject: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
Council Member Jessie Lopez,
I am writing to urge the Mayor and the Garden Grove City Council to follow the Surplus Land
Act by giving super -priority to the Trust for Public Land's proposal as the City engages in the
90-day good faith negotiations." This land is owned by us, the public and we believe the City
is still trying to monetize this land by asserting that this land is worth $90 million and therefore
negating the Surplus Land Act. We do not want to pay for this land twice. Losing Willowick is
irreversible. Follow the Surplus Land Act and give super -priority to Trust for Public Land's
proposal. It is the only proposal that both follows the law and aligns with the community's
vision. The Surplus Land Act process is a public process for publicly -owned land. I urge you
to make the 90-day negotiation process transparent to the public by explaining publicly how
the City is prioritizing proposals.
Ashley Vu
ashleyyvuu@gmaii.com
2510 W. Chandler Ave.
Santa Ana, California 92704
Orozco, Norma
Subject: FW: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
From: Zurisadai Aranda <info@email.actionnetwork.org>
Sent: Thursday, July 1, 2021 3:55 PM
To: Lopez, Jessie <JessieLopez@santa-ana.org>
Subject: Make Willowicka Publicly Accessible Park with 100%Affordable Housing
Council Member Jessie Lopez,
I am writing to urge the Mayor and the Garden Grove City Council to follow the Surplus Land
Act by giving super -priority to the Trust for Public Land's proposal as the City engages in the
90-day good faith negotiations." This land is owned by us, the public and we believe the City is
still trying to monetize this land by asserting that this land is worth $90 million and therefore
negating the Surplus Land Act. We do not want to pay for this land twice. Losing Willowick is
irreversible. Follow the Surplus Land Act and give super -priority to Trust for Public Land's
proposal. It is the only proposal that both follows the law and aligns with the community's
vision. The Surplus Land Act process is a public process for publicly -owned land. I urge you to
make the 90-day negotiation process transparent to the public by explaining publicly how the
City is prioritizing proposals. Please consider this action for the well-being of our community,
thank you.
Zurisadai Aranda
arandazuri01 CDgmail.com
727 North Gunther Street
Santa Ana, California 92703
Orozco, Norma
From: Sandra Salazar <Sandrasalazar2044@gmaiLcom>
Sent: Saturday, July 03, 2021 12:51 PM
To: eComment
Subject: Santa Ana: Pass a climate and public health emergency resolution
Categories: Correspondence
Dear Santa Ana City Council and Mayor Sarmiento,
Our community is being impacted on a daily basis by environmental hazards like lead and fossil fuels. We need to treat
this like the emergency it is and put in place protections for all Santa Ana residents. The resolution brought forward by
Councilmember Lopez is a good first step and roadmap for actions our community can take to resolve these pressing
issues.
Fossil fuels don't just exacerbate climate change, but also poison people. Study after study has shown that extracting,
transporting, refining, and burning fossil fuels harms environmental and human health —and new evidence shows that
toxic air pollution from fossil fuels also makes people more vulnerable to poor outcomes from COVID.
We must phase out fossil fuels from our daily lives —whether it's gas stoves causing asthma, tailpipes blanketing our
streets with smog, or gas stations poisoning water supplies and spreading cancerous chemicals like benzene. It's clear
we must start moving to clean energy systems.
But it's not just fossil fuels that are harming our community. Many neighborhoods in Santa Ana suffer from
disproportionately high levels of lead in their soil, which can lead to serious developmental and health issues. The city
must do more and protect our residents.
Addressing these issues won't just improve our health, it will also improve our local economy. The Biden administration
is investing money in green infrastructure buildout, and we need to make sure we have shovel ready jobs prepared.
What's more, cleaning up environmental pollution and converting our energy systems are massive job opportunities that
could bring family -wage jobs to thousands of people in Santa Ana.
I'm writing to you today to ask you to please pass the climate and public health emergency resolution that calls for an
end to fossil fuel expansion, clean renewable energy choices that save money, actions that will reduce lead and other
environmental toxins in our neighborhoods, family -wage jobs, and an endorsement of the Fossil Fuel Non -Proliferation
Treaty initiative. We can reduce pollution that is cooking the planet and poisoning our communities while improving the
quality of life for every Santa Ana resident.
Please please pass this resolution and commit to taking local action to explore policies that stop fossil fuel expansion,
speed up the clean energy transition, reduce local pollution, and empower our local community and economy.
Thank you,
Sandra Salazar, 92801-6118
Orozco, Norma
From: Troy Munn <troy.munn@hotmail.com>
Sent: Saturday, July 03, 2021 10:36 AM
To: eComment
Subject: Protect Santa Ana from lead and other environmental toxins
Categories: Correspondence
Dear Santa Ana City Council and Mayor Sarmiento,
Our community is being impacted on a daily basis by environmental hazards like lead and fossil fuels. We need to treat
this like the emergency it is and put in place protections for all Santa Ana residents. The resolution brought forward by
Councilmember Lopez is a good first step and roadmap for actions our community can take to resolve these pressing
issues.
Fossil fuels don't just exacerbate climate change, but also poison people. Study after study has shown that extracting,
transporting, refining, and burning fossil fuels harms environmental and human health —and new evidence shows that
toxic air pollution from fossil fuels also makes people more vulnerable to poor outcomes from COVID.
We must phase out fossil fuels from our daily lives —whether it's gas stoves causing asthma, tailpipes blanketing our
streets with smog, or gas stations poisoning water supplies and spreading cancerous chemicals like benzene. It's clear
we must start moving to clean energy systems.
But it's not just fossil fuels that are harming our community. Many neighborhoods in Santa Ana suffer from
disproportionately high levels of lead in their soil, which can lead to serious developmental and health issues. The city
must do more and protect our residents.
Addressing these issues won't just improve our health, it will also improve our local economy. The Biden administration
is investing money in green infrastructure buildout, and we need to make sure we have shovel ready jobs prepared.
What's more, cleaning up environmental pollution and converting our energy systems are massive job opportunities that
could bring family -wage jobs to thousands of people in Santa Ana.
I'm writing to you today to ask you to please pass the climate and public health emergency resolution that calls for an
end to fossil fuel expansion, clean renewable energy choices that save money, actions that will reduce lead and other
environmental toxins in our neighborhoods, family -wage jobs, and an endorsement of the Fossil Fuel Non -Proliferation
Treaty initiative. We can reduce pollution that is cooking the planet and poisoning our communities while improving the
quality of life for every Santa Ana resident.
Please please pass this resolution and commit to taking local action to explore policies that stop fossil fuel expansion,
speed up the clean energy transition, reduce local pollution, and empower our local community and economy.
Thank you,
Troy Munn, V1X 5C7
Orozco, Norma
From: Morgan Turner <info@email.actionnetwork.org>
Sent: Saturday, June 26, 2021 8:02 PM
To: eComment
Subject: Willowick needs to be green space and afforable housing!
Categories: Correspondence
Council Member City Council,
I am a resident of Orange County writing to urge the Mayor and the Garden Grove City
Council to follow the Surplus Land Act by giving super -priority to the Trust for Public Land's
proposal as the City engages in the 90-day good faith negotiations." This land is owned by
the public and we believe the City is still trying to monetize this land by asserting that this land
is worth $90 million and therefore negating the Surplus Land Act. We do not want to pay for
this land twice. Losing Willowick is irreversible, and having green spaces in this area for
nature and community recreation is absolutely vital. Please follow the Surplus Land Act and
give super -priority to Trust for Public Land's proposal. It is the only proposal that both follows
the law and aligns with the community's vision. The Surplus Land Act process is a public
process for publicly -owned land. I urge you to make the 90-day negotiation process
transparent to the public by explaining publicly how the City is prioritizing proposals. This is
an opportunity to make a decision that will have a permanent impact on this area, and I dearly
hope you will choose the community over monetary interests. People need access to
affordable housing in a green space!
Thank you
Morgan Turner
msmorganturner@gmaii.com
16521 Los Verdes Lane
Huntington Beach, California 92649
Orozco, Norma
From: Friday Bahena<Friday.Bahena.462762427@p2a.co>
Sent: Thursday, June 24, 2021 8:52 AM
To: eComment
Subject: Defund the Police to Invest in Youth and Housing NOW!
Categories: Correspondence
Dear Santa Ana City Representatives,
The residents of Santa Ana need long-term solutions to address the compound effects of the pandemic.
I am calling on Santa Ana City representatives to break from the historical prioritization of policing in city
budgets and invest in robust social services for Santa Ana youth and residents, not more policing and
suppression. Unfortunately, Santa Ana Police Department receives the largest portion of city revenues. The city
budget must prioritize the rights of residents to live, remain, and thrive in their neighborhoods.
You should start by shifting resources to demonstrate to residents where their values truly lie and begin with the
following:
1. Invest in housing: The city must increase the tenant legal defense fund to protect their residents from
eviction. The city must establish and sustain a safety net for families to work towards a full recovery financially
and improving food and housing security including rental assistance, universal income regardless of
immigration status, free child care.
2. Invest in youth: City council must redirect youth suppression spending into healthy youth development
services, programs and resources, such as mental health counselors, youth reentry programs, expungement
clinics, teen mom programs, and food cards for young people who don't have access to food.
We are watching your next decision and hope that you make the right choice.
Kind Regards,
Friday Bahena
1708 Kellogg Dr
Anaheim, CA 92807
Orozco, Norma
From: Lauren Freeman <lauren@intuitivedigital.com>
Sent: Wednesday, June 23, 2021 1:27 PM
To: eComment
Subject: Santa Ana should phase out fossil fuels and fast track clean energy solutions
Categories: Correspondence
Dear Santa Ana City Council and Mayor Sarmiento,
Our community is being impacted on a daily basis by environmental hazards like lead and fossil fuels. We need to treat
this like the emergency it is and put in place protections for all Santa Ana residents. The resolution brought forward by
Councilmember Lopez is a good first step and roadmap for actions our community can take to resolve these pressing
issues.
Fossil fuels don't just exacerbate climate change, but also poison people. Study after study has shown that extracting,
transporting, refining, and burning fossil fuels harms environmental and human health —and new evidence shows that
toxic air pollution from fossil fuels also makes people more vulnerable to poor outcomes from COVID.
We must phase out fossil fuels from our daily lives —whether it's gas stoves causing asthma, tailpipes blanketing our
streets with smog, or gas stations poisoning water supplies and spreading cancerous chemicals like benzene. It's clear
we must start moving to clean energy systems.
But it's not just fossil fuels that are harming our community. Many neighborhoods in Santa Ana suffer from
disproportionately high levels of lead in their soil, which can lead to serious developmental and health issues. The city
must do more and protect our residents.
Addressing these issues won't just improve our health, it will also improve our local economy. The Biden administration
is investing money in green infrastructure buildout, and we need to make sure we have shovel ready jobs prepared.
What's more, cleaning up environmental pollution and converting our energy systems are massive job opportunities that
could bring family -wage jobs to thousands of people in Santa Ana.
I'm writing to you today to ask you to please pass the climate and public health emergency resolution that calls for an
end to fossil fuel expansion, clean renewable energy choices that save money, actions that will reduce lead and other
environmental toxins in our neighborhoods, family -wage jobs, and an endorsement of the Fossil Fuel Non -Proliferation
Treaty initiative. We can reduce pollution that is cooking the planet and poisoning our communities while improving the
quality of life for every Santa Ana resident.
Please please pass this resolution and commit to taking local action to explore policies that stop fossil fuel expansion,
speed up the clean energy transition, reduce local pollution, and empower our local community and economy.
Thank you,
Lauren Freeman, 97202
Orozco, Norma
From: Nio Gonzalez <gonzalezniomi@gmail.com>
Sent: Wednesday, June 23, 2021 12:18 PM
To: eComment
Subject: Protect Santa Ana from lead and other environmental toxins
Categories: Correspondence
Dear Santa Ana City Council
Our community is being impacted on a daily basis by environmental hazards like lead and fossil fuels. We need to treat
this like the emergency it is and put in place protections for all Santa Ana residents. The resolution brought forward by
Councilmember Lopez is a good first step and roadmap for actions our community can take to resolve these pressing
issues.
Fossil fuels don't just exacerbate climate change, but also poison people. Study after study has shown that extracting,
transporting, refining, and burning fossil fuels harms environmental and human health —and new evidence shows that
toxic air pollution from fossil fuels also makes people more vulnerable to poor outcomes from COVID.
We must phase out fossil fuels from our daily lives —whether it's gas stoves causing asthma, tailpipes blanketing our
streets with smog, or gas stations poisoning water supplies and spreading cancerous chemicals like benzene. It's clear
we must start moving to clean energy systems.
But it's not just fossil fuels that are harming our community. Many neighborhoods in Santa Ana suffer from
disproportionately high levels of lead in their soil, which can lead to serious developmental and health issues. The city
must do more and protect our residents.
Addressing these issues won't just improve our health, it will also improve our local economy. The Biden administration
is investing money in green infrastructure buildout, and we need to make sure we have shovel ready jobs prepared.
What's more, cleaning up environmental pollution and converting our energy systems are massive job opportunities that
could bring family -wage jobs to thousands of people in Santa Ana.
I'm writing to you today to ask you to please pass the climate and public health emergency resolution that calls for an
end to fossil fuel expansion, clean renewable energy choices that save money, actions that will reduce lead and other
environmental toxins in our neighborhoods, family -wage jobs, and an endorsement of the Fossil Fuel Non -Proliferation
Treaty initiative. We can reduce pollution that is cooking the planet and poisoning our communities while improving the
quality of life for every Santa Ana resident.
Please please pass this resolution and commit to taking local action to explore policies that stop fossil fuel expansion,
speed up the clean energy transition, reduce local pollution, and empower our local community and economy.
Thank you,
Nio Gonzalez
Orozco, Norma
From: Dorian Romero <dorian@saascoalition.org>
Sent: Monday, June 21, 2021 8:58 AM
To: eComment
Subject: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
Categories: Correspondence
Council Member City Council,
I am writing to urge the Mayor and the Garden Grove City Council to follow the Surplus Land
Act by giving super -priority to the Trust for Public Land's proposal as the City engages in the
90-day good faith negotiations." This land is owned by us, the public and we believe the City
is still trying to monetize this land by asserting that this land is worth $90 million and therefore
negating the Surplus Land Act. We do not want to pay for this land twice. Losing Willowick is
irreversible. Follow the Surplus Land Act and give super -priority to Trust for Public Land's
proposal. It is the only proposal that both follows the law and aligns with the community's
vision. The Surplus Land Act process is a public process for publicly -owned land. I urge you
to make the 90-day negotiation process transparent to the public by explaining publicly how
the City is prioritizing proposals.
Dorian Romero
dorian@saascoalition.org
1308 N Broadway, Apt A
Santa Ana, California 92706
Orozco, Norma
From:
Irma Contreras <irmacon777@gmail.com>
Sent:
Saturday, June 19, 2021 5:30 PM
To:
eComment
Cc:
jamesmendez583@gmail.com
Subject:
City of Santa Ana Community Services for Special Needs
Attachments:
City of Santa Ana (Community Services for Special Need)-a.pdf
Categories: Correspondence
Please see the attached document.
James Mendez
Date: June 19, 2021
To: City of Santa Ana City Council
From: James Mendez
Re: Support Community Services for Special Needs Consumers in the City of
Santa Ana
My name is James Mendez. Although I am not a resident of the City of Santa Ana, my father,
Victor Mendez, is a resident of City of Santa Ana. I have been Regional Center consumer since
birth due to my autism. I have been informed through my father that there is an agenda in
consideration for community services for our special needs consumers in Santa Ana. Since I have
been fortunate to have been provided occupational therapy both private and public services, and
excellent public school (Irvine Unified School District) along with private education (Halstrom
School) to help me in advance myself, it is important that as a Regional Center consumer share
their experience to others how these services are essential for special need consumer to succeed.
These services should not be only be for a certain group of families that can afford or be a
financial hardship for families in order to receive quality occupational and education services. It
may appear that in the beginning it is costly to the City of Santa Ana the Community Services for
Special Needs, but in the long run it will be productive for the City of Ana and the consumers
because the consumers will pursue higher education such as I did in being accepted at UCLA
PATHWAY PROGRAM and gain working skills experience by volunteering in their community.
Thank you for your attention and consideration in fundingthe community services for our special
needs consumers in Santa Ana.
Orozco, Norma
From: Ayan Ortega <info@email.actionnetwork.org>
Sent: Thursday, June 24, 2021 11:55 AM
To: eComment
Subject: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
Categories: Correspondence
Council Member City Council,
I am writing in support of the Rise Up Willowick Coalition to urge the Mayor and the Garden
Grove City Council to follow the Surplus Land Act by giving super -priority to the Trust for
Public Land's proposal as the City engages in the 90-day good faith negotiations." This land
is owned by us, the public and we believe the City is still trying to monetize this land by
asserting that this land is worth $90 million and therefore negating the Surplus Land Act. We
do not want to pay for this land twice. Losing Willowick is irreversible. Follow the Surplus
Land Act and give super -priority to Trust for Public Land's proposal. It is the only proposal
that both follows the law and aligns with the community's vision. The Surplus Land Act
process is a public process for publicly -owned land. I urge you to make the 90-day
negotiation process transparent to the public by explaining publicly how the City is prioritizing
proposals.
Ayan Ortega
bmortega.la@gmaii.com
2601 E. Victoria St.
Compton, California 90220
Orozco, Norma
From: Paola Padilla <info@email.actionnetwork.org>
Sent: Thursday, June 17, 2021 4:38 PM
To: eComment
Subject: Make Willowick a Publicly Accessible Park with 100% Affordable Housing
Categories: Correspondence
Council Member City Council,
I am writing to urge the Mayor and the Garden Grove City Council to follow the Surplus Land
Act by giving super -priority to the Trust for Public Land's proposal as the City engages in the
90-day good faith negotiations." This land is owned by us, the public and we believe the City
is still trying to monetize this land by asserting that this land is worth $90 million and therefore
negating the Surplus Land Act. We do not want to pay for this land twice. Losing Willowick is
irreversible. Follow the Surplus Land Act and give super -priority to Trust for Public Land's
proposal. It is the only proposal that both follows the law and aligns with the community's
vision. The Surplus Land Act process is a public process for publicly -owned land. I urge you
to make the 90-day negotiation process transparent to the public by explaining publicly how
the City is prioritizing proposals.
Paola Padilla
traveljunkie3329@icloud.com
714 N Raitt St
Santa Ana, California 92703
10
The City Council of the City of Santa Ana does hereby enact the following Ordinance, which
may be referred to as: "City of Santa Ana Community Preservation, Rent Stabilization, Tenants'
Rights Act"
SECTION 1 Title and Purpose
SECTION 2 Findines
SECTION 3 Definitions
SECTION 4 Exemptions
SECTION 5 Additional Homeowner Protections
SECTION 6 Just Cause for Eviction Protections; Family Protections
SECTION 7 Stabilization of Rents
SECTION 8 RENT INCREASES PURSUANT TO ANNUAL RENT ADJUSTMENT
SECTION 9 INITIAL RENTS FOR NEW TENANCIES
SECTION 10 NOTICE OF RIGHTS UNDER THIS RAPT R
SECTION 11 TENANT BUYOUT NOTIFICATION PROGRAM
SECTION 12 Santa Ana Rent Board
SECTION 13 PETITIONS FOR INDIVIDUAL RENT ADJUSTMENT- BASES
SECTION 14 PETITIONS FOR INDIVIDUAL RENT ADJUSTMENT- PROCEDURES
SECTION 15 REGULATION OF LEASES IN MOBILEHOME PARKS
(INAPPLICABLE TO COVERED RENTAL UNITS RENTAL UNITS OR DWELLING
UNITS)
SECTION 16 JUDICIAL REVIEW
SECTION 17 NON-WAIVERABILITY
SECTION 18 REMEDIES
SECTION 19 INJUNCTIVE AND OTHER CIVIL RELIEF
SECTION 20 SEVERABILITY
SECTION 21 CONFLICTING CHARTER PROVISIONS
SECTION 22 CODIFICATION
SECTION 23 DUTY TO DEFEND
SECTION 24 CEOA COMPLIANCE
SECTION 25 MATORITYAPPROVAL, FFFECTIV DAT , FXFCUTION
SECTION 1 Title and Purpose
This Ordinance shall be known as the City of Santa Ana Community Preservation, Rent
Stabilization, Tenants' Rights Act. The purpose of the Ordinance is to promote neighborhood
and community stability, healthy housing, and affordability for renters in the City of Santa Ana
by regulating excessive rent increases and arbitrary evictions to the maximum extent permitted
under California law, while ensuring Landlords a fair return on their investment and guaranteeing
fair protections for renters, Mobilehome Owners, homeowners, and businesses.
It is the further purpose of this Ordinance to stabilize the rate of Mobilehome Park space rentals
to:
1. Prevent exploitation of a shortage of vacant Mobilehome Park spaces should it occur;
2. Prevent excessive and unreasonable Mobilehome Park space rent increases while still assuring
Mobilehome Park owners' right to a fair return;
3. Provide a process for ensuring Mobilehome Park owners a fair, just and reasonable rate of
return on their parks in cases where the guaranteed annual space rent increase provided by this
chapter proves insufficient;
4. Assist in protecting affordable housing to help provide a variety of housing types within a
range of costs affordable to the low- and very low-income households; and
5. Rectify the disparity of bargaining power that exists between Mobilehome Owners or
Prospective Mobilehome Owners and Mobilehome Park owners.
SECTION 2 Findings
The People of the City of Santa Ana find and declare as follows:
(a) A shortage of decent, safe, affordable, and sanitary housing exists in the City of Santa Ana,
which has resulted in a quickly gentrifying city that is pushing out valuable, long-term residents.
Because of this shortage of moderately priced rental space, the freedom of contract and the
ability of tenants to bargain in the setting of rents have become illusory.
(b) The City of Santa Ana's housing vision affirms and supports a vibrant Santa Ana that
comprises a socially and economically diverse community of renters and homeowners.
(c) Notwithstanding this vision, however, high rental costs also make it increasingly difficult, if
not impossible, for renting households in the City of Santa Ana to become first-time
homeowners. According to national studies, Orange County has the second lowest
homeownership rate in the country.' According to recent reports by the Southern California
Association of Governments (SCAG), the City of Santa Ana has a homeownership rate of just
over forty-six percent (46%), compared to a homeownership rate of over fifty-two percent (52%)
in Orange County generally per 2018 statistical data2.
(d) The Novel Coronavirus (A.K.A. COVID-19) has further exacerbated the precarity of the
local rental and housing economy. As a result of the pandemic caused by COVID-19, on March
4, 2021, the State of California declared a State of Emergency and instituted shutdown orders.
Even though the State of California has eased the shelter -in -place orders as of May 2021, the
physical, economic, and psychological impacts of the COVID-19 pandemic continue to persist
on the low-income residents of Santa Ana, who were among the hardest hit by this disease. In
California, although Latinos make up about thirty-nine percent (39%) of the total population,
they constitute about fifty-five percent (55%) of the total confirmed COVID-19 cases'. The city
of Santa Ana, with a majority Latino population, has had a total of over 44,500 confirmed
COVID-19 cases, experiencing the highest COVID-19 cases in Orange County'.
(e) Due to shelter -in -place orders, many businesses shut down and many workers experienced
significant reduction of work hours and job loss. A majority of Latinos work in occupations such
as food preparation and service, maintenance, and hospitality, have experienced negative
economic impacts. According to the December 2020 report from California Latino Economic
Institute, in California, about ten percent (10%) of Latinos are unemployed, a six percent (6%)
increase from 2019. Further, nearly two-thirds (63%) of Latinos reported experiencing
significant loss of employment income. This has resulted in many tenants being unable to pay
their rent. Estimates are that of the 40 million renters in the US, 20 million of those renters
expressed no -confidence in being able to pay their rent, placing them at risk of eviction and
displacements.
(f) Eviction has been a risk for many tenants in Santa Ana, who are largely Latino and work in
occupations most impacted by the COVID-19 pandemic. The COVID-19 pandemic has
highlighted the existing health disparities that have existed within low-income communities like
Santa Ana due to social and structural determinants of health. Evictions and housing instability
have been strongly associated with prevalent chronic conditions such as high -blood pressure and
diabetes, as well as worsened mental health conditions including anxiety and depression, which
'Half of us rent: L.A.-Orange County homeownership rate 2nd lowest in U.S., July 27, 2017
httns'//www_ncreaieterrnm/2017/n7/77/Inc_anoalcc_nranaP_ ..,,.,r.._h...,,o,L,
(accessed May 13, 2021)
'Profile of the City of Santa Ana, SCAG, p3, May 2019,
httns://scae.ca.eov/sites/main/fles/file-attachments/santaana local prof le pdf?1606012682
COVID Racial Data Dashboard, h_hgs://covidtracking cnm/race/dashboard (accessed May 1, 2021)
COVID-19 Case Counts and Testing Figures I Novel Coronavirus (COVID-19),
hgps7//occovid 19 ochealthinfn com/cQroaaylrL s-in-o (accessed May 1, 2021)
' 20 Million Renters Are at Risk of Eviction; Policymakers Must Act Now to Mitigate Widespread Hardship
httns://wwwasneninstitute org/blog-posts/20-million-rep ers-ar -a -risk-of- vic ion/ (accessed May 13, 2021)
M
are known to weaken the immune system. Many of these chronic conditions have been defined
as comorbidities during the COVID-19 pandemic, making people more susceptible to contracting
the virus'.
(g) People who contract the COVID-19 virus and face high healthcare costs that may put them at
risk of future evictions'. In this way, evictions perpetuate cycles of economic and housing
instability', making it a threat to public health prior to and during the COVID-19 pandemic.
Evictions and displacement have imposed life threatening consequences on people, which have
only intensified during this current COVID-19 pandemic. A recent study conducted by the
UCLA Fielding School of Public Health, highlighted the dire consequences that people can face
after being evicted. This study noted the association between evictions and COVID-19 incidence
and mortality. Specifically, the UCLA study found a 5.4 times increase in COVID-19 mortality
rates within states that lifted their eviction moratoriums compared to states that did not between
March and September of 2020'.
(h) Accordingly, tenants should not have to worry constantly about losing their home for no
reason. Common-sense protections against unfair evictions are needed in the City of Santa Ana
to protect long-time and low-income residents from landlords who try to game the system to take
advantage of all-time high rents.
(i) The City of Santa Ana is the second (2nd) largest of the 34 cities in Orange County. In 2019,
the City of Santa Ana's estimated population of 332,794 represented approximately 10 percent of
Orange County's total population, ranking the City of Santa Ana as the second most populated
city in Orange County behind Anaheim. According to the American Community Survey (2019),
the City of Santa Ana has approximately 79,024 housing units. Multi -family housing comprises
40.4 percent of all housing, of which 10 percent are duplexes, triplexes, and fourplexes.
0) The People of the City of Santa Ana recognize the value of homeownership, and specifically
the value of local ownership of rental housing. As such, the Ordinance seeks to balance tenant
protections with the rights and interests of residents in the City of Santa Ana who own their
homes.
'Eviction, Health Inequity, and the Spread of COVID-19: Housing Policy as a Primary Pandemic Mitigation
Strategy httos://www.ncbi.nlm.nih.aov/nmc/articles/PMC7790520 (accessed May 11, 2021)
' Can Medicaid Expansion Prevent Housing Evictions? Stps://nubmed.ncbi.nlm-nih oovd31479379/ (accessed May
13, 2021)
' Desmond, Matthew, Evicted: Poverty and Profit in the American City, 2016
httns://books, aooele.com/books?hl=en&Ir—&id=-OYZCQAAOBAJ&oi=fnd&no—PA 158&ots=lbJ4AijImA&si e—ha
89Rg8YvVWkI JPAqkn FHFOPBF#v—onel2ageeq -L--fals
' Leifheit, et al., Expiring Eviction Moratoriums and COVID-19 Incidence and Mortality, 2020
httPS7//12apers.ssm.com/`sQ]3/papers.cfm9abstract id= 739 76
5
(k) According to the U.S. Census Bureau's 2015-2019 American Community Survey 5-Year
Estimates, residents in the City of Santa Ana have a median household income of just over
$66,145, compared to a median income of more than $90,234 for Orange County. According to
the May 2017 report by the California Housing Partnership Corporation, median rent in Orange
County, which includes the City of Santa Ana, has increased 28%i0 since 2000, while median
renter household income has declined by 9%, when adjusted for inflation. Additionally, the May
2020 report by the California Housing Partnership Corporation revealed that renters need to earn
3.2 times the state minimum wage to afford a base median rent of $2,196 for a two -bedroom
apartment in Santa Ana. Moreover, Orange County's lowest -income renters spend 81 % of their
income on rent, leaving very little to meet other basic human needs such as food, health, and
other needs".
(1) Reports from prominent rental sites where residents commonly search for vacant apartment
units show even higher median rents for available units in Santa Ana, especially compared to its
median household income. Santa Ana's average rents are consistently higher than neighboring
cities which have median household salaries larger than that of Santa Ana, such as Los Angeles,
Glendale, Long Beach, Tustin, Irvine, and Orange. As of March 2021, a report on Rent Jungle
states that the median rent in Santa Ana is $1,975. Apartmentlist.com's national survey of over
45,000 renters in its annual "Renter Confidence Survey" has determined that Santa Ana has the
lowest overall renter satisfaction of all Orange County cities with a "D" rating. Moreover, renters
rated the City an "F" in its "affordability" category12.
(m) According to the 2019 American Community Survey, 54% of Santa Ana Residents are
renters. Tenants United Santa Ana conducted a survey with over 1,000 residents about rent
increases from 2015 — 2018 in Santa Ana's Lacy neighborhood. Based on this survey, the
average rent increase in 2018 ranged between 8% and 12% from the previous year. The
percentage of Santa Ana residents who experienced a rent increase in 2018 jumped to 70.6%,
which is a major increase from 53.4% in the previous year.
(n) Renter households are more likely to be low-income than the households of families who
own their homes. Data from the 2019 American Community Survey (5-year estimates) reveals
that almost seventy percent of renter households (68.8%) earn less than 80 percent (80%) of the
"The California Housing Partnership "ORANGE COUNTY RENTERS IN CRISIS: A CALL FOR ACTION",
May 2017
hitns7//lpO8d9lkdOcO3rlxhmhtvdpr-wi)enOne netdna-ssl com/wo-content/ul)loads/2017/05/Oran e County 2017 nd
f (accessed May 13, 2021)
" Ibid. "ORANGE COUNTY 2020: Affordable Housing Needs Report", May 2020,
h_ ttns://1nO8d9lkdOc03rlxhmblysdpr-w}2engine netdna-esl com/wn-content/unloads/2020/06/Orange 'on i g Nee s
Report 2020-HNRidf (accessed May 13, 2021)
"Apartment List Renter Confidence S ury v https://www.apartmentlist.com/survey (accessed May 13, 2021)
0
Area Median Income (AMI)", the low-income threshold as defined by the U.S. Housing and
Urban Development Department".
(o) A household is rent -burdened if it spends more than 30 percent (30%) of its gross income on
housing costs. According to the 2019 American Community Survey (5-year estimates),
approximately sixty percent (54.8%) of all renter households in the City of Santa Ana are
low-income and rent burdened, which is approximately 22,661 households in the City of Santa
Ana. Approximately 28.9% of Santa Ana renter households spend 50% or more of their
household income on rent15.
(p) The increasing housing rent burden and poverty faced by many residents in the City of Santa
Ana threatens the health, safety, and welfare of its residents by forcing them to choose between
paying rent and providing food, clothing, and medical care for themselves and their families.
(q) According to the official Orange County Affordable Housing List, there are only 28
deed -restricted government affordable housing buildings available in Santa Ana.16 Further, fifty
percent of these deed -restricted buildings are currently unavailable for rent due to a long
WaitliSt17.
(r) The State of California's Housing Element Law (Gov. Code §§65863, 65590-65589.8, and
§§65751-65761 (including the State of California's Housing Accountability Act, Gov. Code
§65589.5, §65598.6, as those sections may be amended), requires that the City of Santa Ana
encourage the production of a variety of housing types; and identify adequate sites for affordable
housing for persons at extremely low- very -low, low-, and moderate -income levels. Further,
Government. Code §§65863, 8899.50, as those sections may be amended, require that all
jurisdictions in California affirmatively further fair housing in their cities.
(s) The City of Santa Ana has a Regional Housing Needs Allocation (RHNA) of 3,095 housing
units for 2021-2029. This total is divided into four income groups: very -low, (which includes
extremely -low), low-, moderate-, and above -moderate income. This number includes 586 units
for very -low, 362 units for low-, 523 units for moderate-, and 1,624 units for above -moderate
" US Census, United States Housing: Financial Characteristics, 2019
httns'//data census gov/cedsci/table9a=llnited°/20S at °/ 0Houcing&taming&g=010000011 Rtid—A SSTIY
019.S2503 (accessed May 13, 2021)
14 See US Housing and Urban Development, 2020 Income Limits
https://www.hed.ca.gov/vrants-fmdin2/income-limits/state-and-federal-income-limits/does/income-limits-2020 pdf
(accessed May 13, 2021)
" SCAG, Pre -Certified Local Housing Data for the City of Santa Ana, Angus 2020
httnc_//scaa.ca.gov/sites/main/files/file-atta hm nts/santa na he 09 0 ndf?1603255144 (accessed May 13, 2021)
16 See O.C. Affordable Rental Housing List, Orange County Housing Authority, December 10, 2019, available at
bU://www.ochonsing.org/civicax/filebank/blobdload aspx9RlobiD=39906 (last accessed on December 14, 2019).
" Orange County, California - Waiting List, May 10, 2021) https://www.ochousine ore/applicants/ (accessed May
13, 2021
7
income households]$. Given the challenges in meeting the existing and projected housing needs
of lower -income residents in the City of Santa Ana, the regulation of rents is a vital tool to
maintain the affordability of a significant portion of the housing supply within a reasonable
period. Further, according to an Urban Displacement study from the University of California
Berkeley (2018), the income needed to afford an average two -bedroom apartment in Santa Ana is
$72,52019. To rent, a minimum wage worker would need to work 25 hours per day to afford to
rent in the City of Santa Ana.
(t) The American Community Survey Reports states many low-income residents in the City of
Santa Ana experience overcrowding, overpayment, or both20. Approximately thirty (30%)
percent of residents in the City of Santa Ana live in overcrowded conditions, according to the
U.S. Department of Housing and Urban Development this means that there is more than one (1)
person -per -room. Approximately seventeen percent (17.3%) of homeowners in Santa Ana live in
overcrowded conditions, as compared to almost forty-one (40.7%) percent of renters in the City
of Santa Ana. Approximately forty-six (46.3%) percent of residents in the City of Santa Ana
overpay for their housing. The prevalence of housing overpayment in the City of Santa Ana is far
greater among renters as 58.5 percent of residents overpay in housing costs, compared to 32
percent of homeowners in the City of Santa Ana.
(u) In the academic year of 2019-2020, there were approximately 51,587 students in the Santa
Ana Unified School District 2' Of this number, the Santa Ana Unified School District average
reported enrollment numbers of 43,665 students. According to the district, 40,539
students-87%--come from low-income families. Additionally, 5,995 students, or 12.9%,
identified as homeless.22 Moreover, 40,513 of the Santa Ana Unified School District's 51,587
students, or 79% were eligible for a free or reduced lunch.23 Evictions and displacement impose
an especially high burden on school -aged children and their families, including increased
absences from school and other educational disruption that can have long-lasting effects such as
"City of Santa Ana, General Plan Housing Element Update (April 9, 2021)
httns://www.santa-ana org/general-plan/horsing-element-ilnda e 0 1 (accessed May 13, 2021)
19 Preventing DIsplacement in 2018,
bllw//wwwrrbandisnlaeem ntor /cites/defa� Ilt/fi�ges/senate hearing 022118 mzuk final12ddf(accessed May
13,2021)
21 City of Santa Ana General Plan Housing Element 2014-2021, p20
httvs://wwwsanta-ana.or sites/default/files/Documents/2014-202ISantaAnaHE HCDSubmittal Nov2013 Fiilluaoc
umy ent ndf (accessed May 13, 2021)
21 See California Department of Education: District Profile: Santa Ana Unified, available at
httns://www.cde.ca goyZSJprofiJeZdetails aspa9cd2=30666700000000 (last accessed on December 14, 2019).
" Id. at Accountability Reports, California School Dashboard Report (Santa Ana Unified), available at
httns //ww�w.cde agov/cdnrofile/details asp "9 s=40666700000000 (last accessed on December 14, 2019).
23 Id. at California Department of Education: District Profile: Santa Ana Unified, available at
https://w,�de ca go_(v ,sdnrofile/details asnxycds=30666700000000 (last accessed on December 14, 2019).
impacts on mental and physical health, as well as school and social hardships for the children
and their families.24
(v) Additionally, homelessness in Orange County is rising at a rapid pace. The most recent
Point -In -Time Count & Survey, a federally mandated snapshot, conducted in July 2019, showed
that there are approximately 6,860 homeless persons in the county. This is an increase of over
2,000 homeless persons over the past two years. Santa Ana is the city with the largest population
of homeless individuals in Orange County at 1,769 persons. This makes up more than 25% of
Orange County's homeless population. Approximately 700 people previously resided at the
Santa Ana Riverbed, until Orange County Sheriffs evicted hundreds of these homeless
individuals in early 2018.
(w) According to findings published in 2018 by the National Law Center on Homelessness and
Poverty, "[flaws that stabilize rents and prevent unjust evictions ... directly address the
underlying causes of housing instability and homelessness."" The People of the City of Santa
Ana seek to promote the development of affordable housing, and to provide robust and effective
services to residents experiencing chronic homelessness. The People of the City of Santa Ana
further recognize that policies designed to prevent individuals and families from losing their
housing by stabilizing housing costs and prohibiting unjust evictions are critical tools for
addressing homelessness in the City of Santa Ana.
(x) The California Legislature has found that some landlords report (or threaten to report) their
tenants' immigration status in order to harass or intimidate those tenants 26 Other landlords carry
out such reports or threats as a way of retaliating against tenants who have reported habitability
issues, or who have exercised other tenant rights. Reports and threats based on immigration
status are also used to pressure tenants into leaving their homes, a problem that is particularly
salient in rapidly gentrifying cities such as Santa Ana, where some landlords might be motivated
to illicitly push out lower- and moderate -income tenants in favor of more lucrative projects.
Tenants United Santa Ana has received notice of such reports and threats being made by
landlords against tenants in Santa Ana. Arrest by ICE can lead to detention and deportation,
ripping families and communities apart. For more than a century, the U.S. Supreme Court has
recognized deportation as a deprivation of liberty that "may result ... in loss of both property
and life, or of all that makes life worth living." Ng Fung Ho v White, 259 U.S. 276 (1922).
24 See Eviction's Fallout: Housing, Hardship, and Health, (Feb. 2015), Social Forces, available at
hU://nlihc.or2/sites/default/files/DesmondKimbro Evictions Fallout SF2015 pdf,
hhUiZ/www.ed-data.org/district/Orange/Santa-Ana-Unified & htt2s://www.sansd.ns/Page/5 (last accessed November
26, 2019)
2' National Law Center on Homelessness and Poverty, Protect Tenants, Prevent Homelessness, March 2018),
available athtti)s://www.nlchp.org/ProtectTenants2O] (last accessed November 26, 2019).
26 See also Immigrant Tenant Protection Act of 2017 (AB 291) Fact Sheet, Office of Assemblymember David Chin,
available at httn://nonorofithousina ore/wncontent/unloads/AB-291-Immigrant-Tenant Protection Fact Sheet ndf
(last accessed November 25, 2019). `!
7
(y) Landlords have greater incentives to induce tenants in rent -stabilized units to vacate. In
jurisdictions with rent stabilization ordinances, many landlords offer cash buyouts in exchange
for tenants vacating rental units. Many of these buyout negotiations are not conducted fairly and
landlords sometimes employ high-pressure tactics or intimidation to induce tenants to sign
agreements. Legislation is needed to promote fairness in buyout negotiations and agreements by
requiring landlords to provide tenants with a statement of rights and allowing tenants a 30-day
period during which they may rescind the buyout agreement in order to give tenants sufficient
time to seek advice. This Legislation will help ensure that the City of Santa Ana meets its goals
to increase opportunities for extremely -low, very -low, low-, and moderate -income individuals
and families to find diverse and quality housing in the City of Santa Ana.
(z) Furthermore, tenants who are displaced by landlord actions are subject to serious adverse
impacts. Such actions can include evictions, which impose unfair burdens on tenants when they
are evicted through no fault of their own. The financial impacts of displacement include, but are
not limited to, packing, moving, temporary housing, application for new housing, and storage
costs, as well as lost wages and time due to taking time off work. Additionally, landlords often
require that prospective tenants pay the equivalent of three months' rent up front to secure a
lease —generally representing the first and last month's rent, and a security deposit. The total
accumulated cost imposed on a displaced household generally exceeds $10,000 and can
frequently reach $20,000 or greater. Tenants who are seniors, persons with disabilities, or have
children incur even higher costs due to their particular circumstances. School -aged children who
are evicted from their homes often miss school; transitioning to new schools also interrupts their
education. Low- and moderate -income tenants cannot afford such sudden and costly expenses,
and they often experience homelessness as a direct consequence of eviction, which itself imposes
further financial, social, health, and emotional costs. The severe financial impacts of
displacement on tenants pose a threat to the public health, safety, and welfare of the residents in
the City of Santa Ana.
(aa) The City of Santa Ana does not currently restrict rental increases or grounds for eviction. In
a recent poll of 1,000 Santa Ana residents conducted by Tenants United Santa Ana, 45% said that
they either have been recently evicted or know someone who has recently been evicted.
Residents have been unfairly evicted so that landlords can take advantage of the current housing
shortage in Santa Ana and raise rents. Many tenants do not understand what their rights are in an
eviction case and how they may get help if they believe their landlords are violating their rights.
Gentrification is rapidly rising in Santa Ana, with an estimated dozens of new luxury buildings
developed in the last five years, and landlords can currently evict tenants to make way for newer
buildings without any compensation to the renter. According to data from Eviction Lab, in 2016,
Santa Ana was ranked number 16 of 57 in the most evictions by any city in the state of
California.
10
(bb) The Consumer Price Index (CPI) is an accepted measure of the general change over time in
prices and therefore the cost of living and doing business. Since 1984, increases in the CPI (All
items, All Urban Consumers, Los Angeles -Long Beach -Anaheim region) have been generally
under four (4%) percent per year, with the latest increase at 1.5% for February 2021. Meanwhile,
the counties of Los Angeles and Orange are in the midst of a rapid increase in rent index. The
cost of renting in Los Angeles and Orange counties rose at a 5.8% annual rate in June 2019 vs.
4.7% a year earlier. Wage increases have trailed rather than stimulated general cost increases. A
cap on rent increases tied to the change in the CPI generally will protect low -wage tenants
without limiting landlords' fair return on investment.
(cc) Since the mid-2000s, residents in the City of Santa Ana have proactively expressed their
concerns to the City Council regarding displacement, gentrification, and rising rents in the City
of Santa Ana. During this same period, residents in the City of Santa Ana held educational
forums for residents on the issues of rent control and just cause eviction protections.
(dd) Advocates for and members of the tenant community in the City of Santa Ana have
advocated City Council to set emergency protections due to a rapid spike in evictions and rent
increases due to the just cause and rent cap protections under Civil Code sections 1946.2 and
1947.12, respectively. Housing advocates in the City of Santa Ana saw the rush by landlords to
evict tenants or raise their rents ahead of the protections before they became law.17 There have
been active discussions in Santa Ana City Council meetings regarding rent control since 2015. In
2016, there was a discussion about the City of Santa Ana attaching a potential rent stabilization
ordinance to the sanctuary city ordinance for the City of Santa Ana. In 2017, multiple advocates
have commented in City Council meetings about the need for this Ordinance. In late 2017 and
through the rest of 2018, members of the Santa Ana City Council have heard remarks, met with
several individuals, and actively discussed the implications of such rent caps and potential just
cause eviction ordinances. The City Council was split in favoring the potential new ordinance.
After hearing the possibility of rent caps as early as Fall 2017, several landlords in the City of
Santa Ana increased the rent in anticipation of this potential Ordinance.
(cc) In unusual cases where a cap on rent increases poses difficulty for a particular landlord, the
legal requirement for a fair return is satisfied so long as an adequate process is established for the
landlord to seek an individualized adjustment. Courts in California have long upheld the
constitutionality of the maintenance of net operating income (MNOI) standard in these
individualized determinations. The MNOI standard typically indexes increases to those found in
the CPI, including indexing the MNOI standard at less than 100% of the change in the CPI. One
" See Santa Ana Residents Say Landlords are Evicting Them Ahead of New State Law, City Council Balks on
Emergency Tenant Protections Voice of O.C.,
https://v0iceofoc.ore/2019/11/santa-ana-residents-say-landlords-are-evictine-them-ahead-of-new-state-law city coup
cil-balks-on-emergency-tenant-protections/ (Last accessed on May 17, 2021).
11
reason is that such indexing accounts for the fact that a landlord's return on investment is not
limited to the revenue from rent rolls, but also includes increases to the landlord's equity in the
property and overall appreciation of the property. Another reason is that a major component of
the CPI is determined by increases in housing costs, which are often driven by speculation rather
than maintenance costs, and thus these costs unduly influence the rise in the overall CPI. Over
the last 40 years, the change in the CPI for the Los Angeles -Long Beach -Anaheim region for
"All items less shelter" was approximately 80% of the change in the CPI for "All items." The
People of the City of Santa Ana find that indexing the MNOI standard at 80% of the change in
the CPI for "All items" is reasonable and will guarantee that landlords will obtain a fair rate of
return on their investments.
(ff) The Tenant Protection Act of 2019 (AB 1482) caps the statewide rent increases to 5% in
addition to CPI, which will not greatly benefit Santa Ana residents who are experiencing
displacement even with increases at or below this level due to the high levels of low income
renters who live in Santa Ana. Additionally, the Tenant Protection Act excludes many Santa Ana
residents from just cause eviction protection, including new tenants who have resided in a new
apartment for less than a year. Furthermore, it currently exempts rent stabilization to renters
living in mobile home parks, duplexes, and triplexes, who comprise 18.5 percent of Santa Ana's
population per the 2019 American Community Survey (ACS).
(ee) In the City of Santa Ana, Mobilehome Parks comprise approximately 5.2 percent of all
housing in the City of Santa Ana. There are twenty-nine Mobilehome Parks containing three
thousand nine hundred thirteen spaces. Six of the Mobilehome Parks and one thousand twenty
spaces in the City of Santa Ana are currently age -restricted to persons 55 years of age or older.
(gg) There exist substantial differences in the rent charged for space in the Mobilehome Parks in
the City of Santa Ana. In April 2019, the City of Santa Ana conducted a phone survey to assess
Mobilehome Park rents. The seven Mobilehome Parks surveyed had monthly rents between $594
and $2,200. In April 2019, the City of Santa Ana obtained data from the Santa Ana Housing
Authority on assisted Mobilehome Owners and found that monthly rents in nine Mobilehome
Parks ranged from $550 to $1,400.
(hh) In the City of Santa Ana Assessment of Existing Conditions of Mobilehome Parks, all but
two of the surveyed seven main Mobilehome Parks in the City of Santa Ana have consistently
adjusted rents each year. Some of these monthly rents reach up to $1550 per month28
(ii) The Mobilehome Parks in the City of Santa Ana are currently experiencing drastic increases
in rent. For example, there are 34 spaces at Bali Hi Mobilehome Lodge (Bali Hi), an age
" See Staff Report filed a Santa Ana City Council on May 21, 2019, citing City of Santa Ana Mobilehome Parks
Assessment of Existing Conditions and Policy Options, p. 65A-12 to 65A-13, available at
https //santaana.uanicus com/MetaViewer bhp?view id-2&clin id=2346&meta id=89043, last visited on
December 13, 2019.
12
restricted 55+ park, where Mobilehome Owners and Residents experienced a 15.5%-34.5%
increase in the monthly rent effective June 1, 2019.29 This spike in rent is an increase in excess of
$200 per month for some Mobilehome Owners and Residents. Another 105 spaces received a
rent increase of up to 12%, posing a significant impact for low-income residents on a fixed
income. A representative of the Bali Hi park owner stated the owners were very unlikely to halt
any further rent increases and if the residents couldn't afford the rent increases, they could leave.
1;amberaf
r.
(jj) Housing costs continue to escalate in Orange County and Mobilehome Parks serve as an
important affordable housing option for residents in the City of Santa Ana.
(kk) Since a Mobilehome is affixed to the property on which it resides, it is generally not
cost-effective to move it, often resulting in the Homeowner losing the Mobilehome if he or she
cannot pay the rent imposed by the landlord.
(11) More than 100 local jurisdictions have enacted mobilehome rent control ordinances in
California. In Santa Ana, there are 29 mobilehome parks. Mobilehome Owners and Residents of
Bali Hi and Kona Kai have recently advocated to the City Council about unaffordable rent
increases. Of these speakers, many were veterans, disabled residents, and residents who are on
fixed incomes, such as Social Security.
(mm) Absent the adoption of this Ordinance, because of the economic conditions and recognized
housing shortage in Southern California, significant rent increases will continue to affect a
substantial number of Mobilehome residents in the City of Santa Ana and constitute a threat to
their public health, safety, and welfare. It will also cause a particular hardship for seniors, of
which over half live in age -restricted Mobilehome Parks, persons living on fixed incomes, and
other vulnerable persons living in Mobilehome Parks in the City of Santa Ana.
(nn) Manufactured housing and Mobilehomes can provide housing opportunities that are
affordable to households earning lower and moderate incomes. Further, Mobilehomes provide an
important form of affordable housing for a substantial number of Mobilehome Owners/Residents
who reside in the City of Santa Ana. The majority of Mobilehome Owners/Residents are
fifty-five years of age or older. The majority of Mobilehome Owners own the Mobilehomes that
they occupy and many of these Mobilehome Owners have substantial loan payments to meet in
addition to Rent payments.
29 ibid.
13
(oo) The General Plan for the City of Santa Ana recommends that the City of Santa Ana
maintain and preserve its existing stock of affordable housing of which Mobilehome Park spaces
are typically an example.30 It is in the City of Santa Ana's interest to preserve Mobilehomes as
affordable housing and facilitate the displacement of residents affected by Mobilehome Park
conversions. To this end, protections against Mobilehome Park conversions are necessary to
protect what is for many, their most prized and valued asset. To illustrate the need for protections
regarding Mobilehome Park conversions, Mobilehome Owners of the City of Santa Ana cite the
efforts of their neighbors at the Green Lantern Village and Mobilehome Park, who have since
March 2017 been fighting to prevent their Mobilehome Park from being converted to another
use.
(pp) Studies undertaken in surrounding areas have shown that typical moving costs for Mobile
homes from one Mobilehome Park to another (if vacant spaces could be located) can be several
thousands of dollars, depending upon the age and size of the Mobilehome. In many instances,
removal requires a separation of the Mobilehome unit from appurtenances, which have been
made permanent, thus causing severe damage and depreciation in value to the Mobilehome.
(qq) Mobile homes and manufactured housing have represented an affordable form of shelter to
the residents of the City of Santa Ana with low- and modest incomes. Because senior citizens
often own Mobile homes, persons on fixed incomes, and persons of low- and moderate -income,
rent increases for these spaces can have significant impact on these individuals and families.
(rr) It is desirable to provide Prospective Mobilehome Owners/Residents of Mobilehomes with
the understanding that Landlords not require multi -year lease that would render protections under
this Ordinance meaningless.
(ss) The City of Santa Ana does not currently restrict rental increases or grounds for eviction.
Further, many tenants do not understand what their rights are in an eviction case and how they
may get help if they believe their landlord violated their rights.
(tt) The Costa -Hawkins Rental Housing Act (California Civil Code Section 1954.50, et seq.),
currently limits the applicability of local rent stabilization policies, including prohibiting local
jurisdictions from applying rent stabilization to certain residential rental properties. This
Ordinance intends to comply with the Costa -Hawkins Rental Housing Act and all other
applicable state and federal laws. However, if the California Legislature repeals, amends, or if a
court invalidates the Costa -Hawkins Rental Housing Act, this Ordinance will apply to residential
rental properties that the Costa -Hawkins Rental Act had previously exempted from local rent
stabilization.
"See Santa Ana Housing Element, 2014-2021, Housing Supply and Diversity, Goal 2, H.E. 2.3 and 2.4, available at
h!U2si//www.santa-ana.or2/sites/default/files/Documents/04 PolicvFramework web ndf, last visited on November
26, 2019.
14
(on) The City of Santa Ana finds that the protections provided in this Ordinance are more
restrictive, or provide greater benefits, than those set forth in California Civil Code sections
1946.2 and 1947.12, in areas relating to annual rent increases, evictions, relocation assistance for
displaced Tenants, protection against harassment, discrimination of Tenants and residential
applicants. The Ordinance further provides other Tenant protections not subject to preemption or
otherwise precluded by any other provision of law.
(vv) Because of the numerous concerns noted herein related to the adverse impacts that result
from a lack of affordable housing within the City of Santa Ana, the People of the City of Santa
Ana determine that it is in the interest of its residents to preserve the public health, safety and
general welfare to adopt this Ordinance. Accordingly, the People of Santa Ana seek to put into
place, among other things, just cause for eviction, rent stabilization, and a process to resolve
disputes between landlords and tenants and to ensure that landlords continue to receive a fair rate
of return.
SECTION 3 Definitions
Unless further defined elsewhere in this Chapter, the following words or phrases as used in this
Chapter shall have the meaning provided below when used in this Chapter whether plural or
singular:
(a) Annual General Adjustment. The Annual General Adjustment is the percentage by which
the Rent for existing tenancies in Covered Rental Units may be increased each year, subject to
the limitations of this Chapter.
(b) Base Rent. The Base Rent is the reference point from which the lawful Rent shall be
determined and adjusted in accordance with this Chapter.
(1) Tenancies commencing on or before February 25, 2020. The Base Rent for tenancies
that commenced on or before February 25, 2020, shall be the Rent in effect on February
25, 2020.
(2) Tenancies commencing after February 25, 2020. The Base Rent for tenancies that
commenced after February 25, 2020, shall be the initial rental rate charged upon initial
occupancy, provided that amount is not a violation of this Chapter or any provision of
state law. The term "initial rental rate" means only the amount of Rent actually paid by
the Tenant for the initial tern of the tenancy.
(c) Buyout Agreement. A written agreement where a Landlord pays a Tenant money or offers
other consideration to voluntarily vacate a Rental Unit covered by this Chapter. The term
"Buyout Agreement" includes an agreement to settle a pending unlawful detainer action if the
15
action was filed within 120 days after Buyout Negotiations commenced. In all other instances, an
agreement to settle a pending unlawful detainer action shall not be a "Buyout Agreement."
(d) Buyout Negotiations. Any discussion or bargaining, whether oral or written, between a
landlord and tenant regarding the possibility of entering into a Buyout Agreement.
(e) Buyout Offer. An offer, written or oral, by a Landlord to a Tenant to pay money or other
consideration to vacate a Rental Unit covered by this Chapter.
(f) Change of Use. A Use of the Park for a purpose other than the rental, or the holding out for
rent, of two or more Mobilehome sites to accommodate Mobilehomes used for human habitation,
and does not mean the adoption, amendment, or repeal of a Park rule or regulation. A Change of
Use may affect an entire Park or any portion thereof and includes conversion to a condominium,
stock cooperative, planned unit development, or any form of ownership wherein spaces within
the park are to be sold.
(g) City Council. The City Council of the City of Santa Ana.
(h) Comparable Housing. Housing in an apartment complex or condominium that is similar in
size, number of bedrooms and amenities to the Mobilehome that is being displaced and is located
in a community that has similar access to community amenities such as shopping, medical
services, recreational facilities, schools, and transportation, or a comparable Mobilehome in a
Comparable Mobilehome Park.
(i) Comparable Mobilehome Park. A Mobilehome Park that is similar in condition, age, size,
and amenities to the Mobilehome Park that is being closed and is located within a community
similar to that in which the Mobilehome Park that is being closed is located and has similar
access to community amenities such as shopping, medical services, recreational facilities,
schools, and transportation.
0) Covered Rental Unit. All Rental Units not specifically exempted under Section 4
(Exemptions — Fully Exempt) or Section 5 (Additional Homeowner Protections) herein, or
California Civil Code Section 1954.52, as may be amended.
(k) Custodial Relationship. With respect to a child and a Tenant/Resident, that the
Tenant/Resident is the legal guardian of the child, or has a court -recognized caregiver
authorization affidavit for the child, or has provided full-time custodial care of the child pursuant
to an agreement with the child's legal guardian or court -recognized caregiver and has been
providing that care for at least one year or half of the child's lifetime, whichever is less.
16
(1) Educator. A person who works at a school in the City of Santa Ana as an employee or an
independent contractor of the school or of the governing body that has jurisdiction over the
school, including, without limitation, all teachers, classroom aides, administrators, administrative
staff, counselors, security guards, cafeteria workers, community relations specialists, child
welfare, and attendance liaisons, and learning support consultants.
(m) Fair Return. A Fair Return shall be determined by using the maintenance of net operating
income (MNOI) standard as outlined in Section 13 herein.
(n) Hearing Officer. An official appointed by the Rent Board to conduct an investigation or
administrative hearing pursuant to this Chapter.
(o) Homeowner. A person or entity, such as a mortgagor or a lender, who has an interest in a
home of at least 50% ownership interest.
(p) Mobilehome Owner. A person who owns their Mobilehome and who has a tenancy in a
Mobilehome Park under a Rental Agreement.
(q) Housing Services. Housing Services include, but are not limited to, repairs, maintenance,
painting, providing light, hot and cold water, elevator service, window shades and screens,
storage, kitchen, bath and laundry facilities and privileges, janitor services, Utility Charges that
are paid by the Landlord, refuse removal, furnishings, telephone, parking, the right to have a
specified number of occupants, and any other benefit, privilege, arrangement or facility provided
or contracted for in connection with the use or occupancy of any Rental Unit. Housing Services
to a Rental Unit shall include a proportionate part of services provided to common facilities of
the building in which the Rental Unit is contained.
(r) Individual Rent Adjustment. An adjustment to the otherwise lawful Rent that is authorized
by a Hearing Officer or the Rent Board pursuant to this Chapter.
(s) Immigration or Citizenship Status. For purposes of this chapter, "immigration or
citizenship status" includes a perception that the person has a particular immigration or
citizenship status, or that person is associated with a person who has, or is perceived to have, a
particular immigration or citizenship status.
(t) Landlord. An owner, lessor, sublessor or any other person entitled to receive Rent for the use
and occupancy of any Rental Unit, or an agent, representative, predecessor, or successor of any
of the foregoing.
(u) Landlord's Family Member. A Landlord's parent, child, spouse or registered domestic
partner, parent(s) (age 62 or over), child or children, brother, or sister.
17
(v) Legal Owner. Any person or entity having a legal interest in a Mobilehome, such as a lender
or mortgagor.
(w) Management. Management means the owner of a Mobilehome Park or an agent or
representative authorized to act on his behalf in connection with matters relating to a Tenancy in
the Park.
(x) Mobilehome. Mobilehome is a structure designed for human habitation and for being moved
on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome
includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a
Mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided
in subdivision (b), does not include a recreational vehicle, as defined in Section 799.29 of the
California Civil Code and Section 18010 of the Health and Safety Code or a commercial coach
as defined in Section 18001.8 of the Health and Safety Code. Mobilehome, for purposes of this
Chapter, other than California Civil Code Section 798.73, also includes trailers and other
recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other
than motor homes, truck campers and camping trailers, which are used for human habitation if
the occupancy criteria of either of the following are met, as follows: (1) The trailer or other
recreational vehicle occupies a Mobilehome site in the park, on November 15, 1992, under a
Rental Agreement with a term of one month or longer, and the trailer or other recreational
vehicle occupied a Mobilehome site in the park prior to January 1, 1991. (2) The trailer or other
recreational vehicle occupies a Mobilehome site in the park for nine or more continuous months
commencing on or after November 15, 1992. Mobilehome does not include a trailer or other
recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing
with California Civil Code section 799.20).
(y) Mobilehome Park. An area of land where two or more Mobilehome sites are rented, or held
out for rent, to accommodate Mobilehomes for human habitation.
(z) New Construction. The term new construction means newly constructed spaces initially held
out for rent after January 1, 1990.
(aa) Notice of Intent to Withdraw. An intention of the Landlord to Withdraw a Covered Rental
Unit or Rental Unit/Dwelling from the rental market, per Government Code section 7060, et seq.,
as may be amended. The Notice of Intent to Withdraw shall contain the following: statements,
under penalty of perjury on the form and in the number prescribed by the Rent Board, stating
that the Landlord intends to evict to demolish the Covered Rental Unit, Rental Unit or Dwelling,
or to remove the Covered Rental Unit, Rental Unit/Dwelling from rental housing use, the address
or location of the Covered Rental Unit, Rental Unit/Dwelling, the number of Covered Rental
Unit(s), Rental Unit(s)/Dwelling(s) to be demolished or removed from rental housing use, the
names of the Tenants of each Covered Rental Unit, Rental Unit/Dwelling, the date on which the
18
Covered Rental Unit, Rental Unit/Dwelling will be withdrawn from rental housing use and the
rent applicable to that Covered Rental Unit, Rental Unit/Dwelling.
(bb) Notice of Intention to Re -Rent Withdrawn Accommodations. An intention to re -rent a
Covered Rental Unit, or Rental Unit/Dwelling. This Notice must contain the following
information:
(1) The names and mailing addresses of all owners or Landlords of the Covered Rental
Unit, or Rental Unit/Dwelling;
(2) A statement that said owners or Landlords intend to re -rent the accommodations;
(3) The addresses of those accommodations.
(cc) Occupant. A person who is entitled to use and occupy any Rental Unit at the permission of
the Landlord or Tenant.
(dd) Park Owner. A person or entity that owns a Mobilehome Park or a person or entity
authorized to act on behalf of the owner of a Mobilehome Park.
(cc) Petition. A petition for an Individual Rent Adjustment pursuant to this Chapter.
(ff) Primary Residence. The Occupant's usual place of return. To classify a unit as an
Occupant's Primary Residence does not require that the Occupant be physically present in the
unit at all times or continuously but does require that the unit be the Occupant's usual place of
return. Factors that are indicative of Primary Residence include but are not limited to:
(1) The Occupant carries on basic living activities at the subject premises for extended
periods;
(2) The subject premises are listed with public agencies, including but not limited to
federal, state and local taxing authorities, as the Occupant's primary residence;
(3) Utility Charges and other charges and fees associated with usage of the structure are
billed to and paid by the Occupant at the subject premises;
(4) The Occupant does not file for a Homeowner's tax exemption for any different
property;
(5) The Occupant is not registered to vote at any other location; and
(6) Ownership is held in the name of the occupant claiming Primary Residence and not
held by a Limited Liability Corporation or other corporate or business entity structure.
(gg) Proper1y. All Rental Units on a parcel or lot or contiguous parcels or contiguous lots under
common ownership.
(hh) Prospective Mobilehome Owner. A person who is not currently a resident in a Park but
who is a prospective Mobilehome space resident who desires the use of a Mobilehome space and
19
who has presented himself/herself to the Park owner/Management as such, or who is a current
Resident in a Park who desires to occupy another Mobilehome space in that Park.
(ii) Qualified Tenant. Any tenant who satisfies any of the following criteria on the date of
service of the written notice of termination described in California Civil Code Section 1946: has
attained age 62; is a Tenant/Resident with a disability as defined in California Government Code
sections 12926, 12955.3, et seq., as those code sections may be amended; or is a person residing
with and on whom is legally dependent (as determined for federal income tax purposes) one or
more minor children.
Oj) Recognized Tenant Organization. Any group of Tenants residing in Rental Units in the
same building or in different buildings operated by the same management company, agent or
Landlord, who choose to be so designated. This shall also include any other at -large organization
that represents the interest of Tenants.
(kk) Relocation Assistance. Financial assistance in the amounts set forth in Section 6 or
amounts set forth by the Rent Board pursuant to Section 12.
(11) Rent. All periodic payments and all non monetary consideration including, but not limited to,
the fair market value of goods, labor performed or services rendered to or for the benefit of the
Landlord under a Rental Housing Agreement, as defined in this Section, concerning the use or
occupancy of a Rental Unit and premises, including all payment and consideration demanded or
paid for parking, utilities, pets, furniture, subletting and security deposits for damages and
cleaning.
(mm) Rent Board. The term "Rent Board" refers to the Santa Ana Rent Board established by
this Chapter.
(nn) Rental Agreement. The Agreement between the Management and the Mobilehome Owner
establishing the terms and conditions of a Park Tenancy. A lease is a Rental Agreement.
(oo) Rental Housing Agreement. An agreement, oral, written, or implied, between a Landlord
and Tenant, or a Landlord and a Tenant for use or occupancy of a Rental Unit and for Housing
Services. For the purpose of this Chapter, the terms "Rental Housing Agreement' and "Lease"
are interchangeable.
(pp) Rental Housing Fee. The fee described in Section 12 herein.
(qq) Rental Unit or Dwelling. Any building, structure, or part thereof, or land appurtenant
thereto, or any other rental property rented or offered for rent for residential purposes, whether or
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not such units possess a valid Certificate of Occupancy for use as rental housing, 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, which is offered or available for rent.
(rr) Resident. A person who lawfully occupies a Mobilehome.
(ss) School. Any state -licensed child care center, state -licensed family day care, and/or any
public, private, or parochial institution that provides educational instruction for students in any or
all of the grades from kindergarten through twelfth grade.
(tt) School Year. First day of instruction for the Fall Semester through the last day of instruction
for the Spring Semester, as posted on the Santa Ana Unified School District website for each
year, or, if a student does not attend a Santa Ana Unified School District school, as posted on the
applicable school's website or confirmed through a letter from that institution.
(uu) Single -Family Home. A detached building containing a single residential dwelling unit
separately alienable from any other dwelling unit.
(vv) Tenant. A Tenant, subtenant, lessee, sublessee or any other person entitled under the terms
of a Rental Housing Agreement or this Chapter to the use or occupancy of any Mobilehome,
Covered Rental Unit, or Rental Unit. This includes occupants of residential hotels against whom
violations of California Civil Code section 1940.1 have occurred.
(ww) Tenancy. (1) In a Covered Rental Unit or Rental Unit, the legal right of a Tenant or any
other original Occupant who took possession of the Covered Rental Unit or Rental Unit for the
use or occupancy of the Covered Rental Unit or Rental Unit subject to the terms of the Rental
Housing Agreement. (2) In a Mobilehome Park, Tenancy is the right of a Mobilehome Owner to
the use of a site within a Mobilehome Park on which to locate, maintain, and occupy a
Mobilehome, site improvements, and accessory structures for human habitation, including the
use of the services and facilities of the Park.
(xx) Utility Charges. Any charges for gas, electricity, water, garbage, sewer, telephone, cable,
internet, or other service relating to the use and occupancy of a Rental Unit.
(yy) Written Notice to Cease or Correct. A written notice provided by a Landlord that gives a
Tenant an opportunity to cure an alleged violation or problem prior to initiating legal proceedings
to terminate tenancy. Any Written Notice to Cease or Correct must:
(1) Be dated and served upon the Tenant, pursuant to at least one of the methods
authorized under California Code of Civil Procedure Section 1162, as may be amended;
(2) Provide the Tenant a reasonable period to cure the alleged violation or problem;
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(3) Inform the Tenant that failure to cure may result in the initiation of eviction
proceedings;
(4) Inform the Tenant of the right to request a reasonable accommodation;
(5) Inform the Tenant of the contact number for the Rent Board; and
(6) Include a specific statement of the reasons for the Written Notice to Cease or Correct
with specific facts to help the Tenant determine the date(s), place(s), witness(es), and
circumstance/circumstances that support the reason(s) for the eviction.
SECTION 4 Exemptions
(a) All sections of this Chapter apply to all Rental Units and Dwellings except as provided by the
Costa -Hawkins Rental Housing Act of 1995 (California Civil Code section 1954.52, as may be
amended), and as specifically exempted under subsection (b) Fully Exempt and subsection (c)
Partially Exempt, and Section 5. Upon repeal or modification of the Costa -Hawkins Rental
Housing Act of 1995, at California section 1954.52, as may be amended, Rental Units and
Dwellings no longer covered by that Act shall fall within the scope of this Chapter. At such time,
the Rental Board promptly shall issue guidance for implementing the state legislative change.
(b) Fully Exempt (Exempt from Both Rent Stabilization and Just Cause for Eviction). The
following Rental Units are exempt from all provisions of this Chapter:
(1) Units in hotels, motels, inns, tourist homes and rooming and boarding houses which
are rented to transient guests for a period of fewer than thirty (30) days, unless the Owner
violates California Civil Code section 1940.1, to avoid tenancy status. In those
circumstances, the specific Rental Units where such violations have taken place shall not
be exempt;
(2) Rental Units in any hospital, religious facility, extended medical care facility, asylum,
non-profit home for the aged, or dormitory owned and operated by an accredited
institution of higher education.
(c) Partially Exempt (Rent Stabilization and Anti -Conversion Protections Applvl. The
following Rental Units are exempt from Section 6 (Just Cause for Eviction Protection), but no
other provisions of this Chapter: Mobilehomes that are owned by the Mobilehome Owners.
SECTION 5 Additional Homeowner Protections
Homeownership is of great importance to the residents of the City of Santa Ana. In addition to
the Rental Units exempted in Section 4(a) of this Chapter, the following Rental Units are also
exempt from all provisions of this Chapter, unless specifically protected by Section 6, Just
Cause Eviction Protections; Family Protections. This is the case with Single -Family
Owner -Occupied Homes where the Owner does not occupy the Property as follows:
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(a) Single -Family Owner -Occupied Homes. Single -Family Homes as specified in California
Civil Code Section 1954.52(a)(3)(A), except if the single-family dwelling is not owner -occupied,
the protections contained in Section 6, Just Cause Eviction Protections; Family Protections,
herein apply.
(b) Temporary Rentals Allowed. A homeowner who is the Primary Resident of a Single -Family
Home may create a temporary tenancy. The temporary Tenant must be provided, in writing at the
inception of the tenancy, the length of the tenancy and a statement that the tenancy may be
terminated at the end of the temporary tenancy and relocation shall not be provided. This
subsection only applies to tenancies lasting less than twelve consecutive months, and no
individual may have more than a single temporary tenancy within a 36-month period.
SECTION 6 Just Cause for Eviction Protections; Family Protections
A. General Provisions.
When terminating a Tenancy of a Tenant occupying a Covered Rental Unit or the Tenancy of a
Tenant who rents a Mobilehome, a Landlord must comply with all of the following:
1. The Landlord must serve a written notice in the language of the tenant (e.g., English,
Spanish, Chinese, Korean, Vietnamese, or Tagalog). The Landlord must serve this written
notice to the Tenant/Resident using one of the three following methods:
(a) by delivering the written notice to the Tenant/Resident personally;
(b) if the Tenant/Resident is absent from his or her place of residence, and from
his or her usual place of business, by leaving a copy of the notice with some
person of suitable age and discretion at either place, and sending a copy of the
notice through certified mail addressed to the Tenant/Resident at his or her place
of residence; or
(c) via certified mail to the Tenant/Resident. The written notice must advise the
Tenant/Resident that, in addition to any notice requirements required by federal or
state law, the Landlord will terminate the Tenant's/Resident's Tenancy because of
at least one Tenant Fault or No -Fault reason. In the case of a curable lease
violation, before a Landlord for a Covered Rental Unit, or Rental Unit/Dwelling
issues a notice to terminate a Tenancy for Tenant Fault that is a curable lease
violation, the Landlord shall first serve a written notice upon the Tenant/Resident
with an opportunity to cure the violation pursuant to paragraph (3) of Section
1161 of the Code of Civil Procedure, as may be amended. If the Tenant/Resident
fails to cure the violation within the time set forth in the notice, the Landlord may
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thereafter serve upon the Tenant/Resident a three-day notice to quit without an
opportunity to cure to terminate the Tenancy; and
2. The Landlord specifies the termination as Tenant Fault or No -Fault, as specified in this
Section; and
3. Within five days (5) after service of the notice of Termination, the Landlord has
submitted to the Rent Board via a transmittal method authorized by the Rent Board, a true
and accurate copy of the Landlord's written notice of termination, and if applicable, a
Written Notice to Cease and Correct, and proof of such service on the Tenant. The
Landlord shall maintain proof of service to the Rent Board as evidence that the Landlord
has complied with this Section.
B. Termination of Tenancy for Tenant Fault.
No landlord shall take action to terminate any tenancy, including but not limited to making a
demand for possession of a Covered Rental Unit or a Resident who rents a Mobilehome,
threatening to terminate a tenancy verbally or in writing, serving any notice to quit or other
eviction notice, or bringing any action to recover possession or be granted recovery of possession
of a rental unit unless:
1. Default in the Payment of Rent. After being provided written notice of the identity and
mailing address of the Landlord, and the amount of Rent due, the Tenant or Resident has
failed to pay Rent to which the Landlord is legally entitled pursuant to any written or oral
Lease or Rental Housing Agreement and under the provisions of state or local law, unless
the Tenant has withheld Rent pursuant to applicable law, and said failure has continued
after service on the Tenant or Resident of a written notice setting forth the amount of
Rent then due and requiring it to be paid, within a period, specified in the notice, of not
less than three days, excluding weekends and holidays, as provided for in California
Code of Civil Procedure section 1161(2), as may be amended.
2. Breach of Lease. The Tenant/Resident, after receiving a Written Notice to Cease or
Correct, has continued to substantially violate any of the materials terms of the Lease or
Rental Housing Agreement, except the obligation to surrender possession on proper
notice as required by law, and provided that such terms are reasonable and legal and have
been accepted in writing by the Tenant/Resident; and provided further that, where such
terms have been accepted in writing by the Tenant/Resident subsequent to the initial
creation of the Tenancy, the Landlord shall have first notified the Tenant/Resident in
writing that he or she need not accept such terms.
3. Maintaining, committing, or permitting, the maintenance or commission of a nuisance,
within a 12-month period, at the Covered Rental Unit or on the Rental Unit/Dwelling as
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described in paragraph (4) of Section 1161 of the California Code of Civil Procedure, as
may be amended. If a Tenant or Resident engages in conduct that constitutes a nuisance,
the Landlord must provide the Tenant or Resident with a Written Notice to Cease or
Correct. The Landlord must serve the Written Notice to Cease or Correct within five
business days before serving a notice to terminate Tenancy. For purposes of this
subsection, reasonable time shall mean not less than five business days. Provided,
however, that where it is not reasonable that the time to abate the nuisance can be
accomplished within five business days, the Tenant or Resident shall notify the Landlord
either orally or in writing that he or she has taken steps to abate the nuisance and is
diligently pursuing abatement. The Written Notice to Cease or Correct shall inform the
Tenant or Resident (i) that the failure to abate the nuisance may result in the Landlord's
initiating an eviction proceeding, (ii) the right to request reasonable accommodation and
(iii) the contact number for the Rent Board. The Written Notice to Cease or Correct shall
also include sufficient details allowing a reasonable person to comply and shall also
include any information necessary to determine the date, time, place, witnesses present
and other circumstances concerning the reasons for the Written Notice to Cease or
Correct. If the Tenant or Resident creates the same or substantially similar nuisance
within 12 months from the date the Tenant or Resident received the initial Written Notice
to Cease or Correct, the Landlord need not serve a further written Warning Notice to
Cease, but may then take action to terminate the Tenancy.
4. The Tenant/Resident had a written Lease or Rental Housing Agreement that terminated
on or after January 1, 2020, and after a written request or demand from the Landlord, the
Tenant/Resident has refused to execute a written extension or renewal of the Lease or
Rental Housing Agreement for an additional term of the same or substantially similar
provisions, provided that those terms do not violate this Section or any other provision of
law.
5. Termination of a Tenancy for Engaging in Criminal Activity, including Drug -related
Criminal Activity. A Landlord may initiate an action to terminate a Tenancy (as provided
under State law) without providing a written Notice to Cease or Correct if all of the
following are met:
(a) The Tenant/Resident has:
(1) Engaged in criminal activity, including drug -related criminal activity,
in or near the Tenant's or Resident's Covered Rental Unit, or Rental
Unit/Dwelling; or
(2) Has engaged in or threatened violent or abusive behavior to other
members of the Tenant's household or to other Tenants/Residents; or
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(3) Has permitted the rental unit to be used for, or to facilitate criminal
activity, including drug related criminal activity that threatens the health,
safety, or right to peaceful enjoyment of the property by other members of
the Tenant's or Resident's household or by other Tenants.
(b) The Landlord has within a reasonable time reported the criminal activity or the
violent or abusive behavior to law enforcement.
(c) Law enforcement has investigated the criminal activity or violent or abusive
behavior and has advised the Landlord there is probable cause that the Tenant or
Resident engaged in criminal activity or violent or abusive behavior as reported
by the Landlord.
(d) Notwithstanding the foregoing, if there is more than one Tenant or Resident in
a Covered Rental Unit, Rental Unit/Dwelling, Section 6(B)(5)(c) shall apply only
to that Tenant or Resident or those Tenants or Residents for which the law
enforcement investigation determines there is probable cause that the Tenant(s) or
Resident(s) engaged in criminal activity or violent or abusive behavior.
6. Refusing Access to the Covered Rental Unit, or Rental Unit/Dwelling. The
Tenant/Resident, after Written Notice to Cease and a reasonable time to cure, continues to
refuse the Landlord reasonable access to the Covered Rental Unit, or Rental
Unit/Dwelling, so long as the Landlord is not abusing the right of access under California
Civil Code section 1954, as may be amended.
7. The Tenant's or Resident's use of the Covered Rental Unit, or Rental Unit/Dwelling for
an unlawful purpose as described in paragraph (4) of Section 1161 of the California
Code of Civil Procedure, as may be amended. A person who illegally sells a controlled
substance in the Covered Rental Unit, Rental Unit/Dwelling, or on the property where the
Covered Rental Unit, or Rental Unit/Dwelling is located to further that illegal purpose, is
deemed to have committed the illegal act in the Covered Rental Unit, or Rental
Unit/Dwelling, or on the property where the Covered Rental Unit, or Rental
Unit/Dwelling is located, in accordance with California Code of Civil Procedure section
1161(4), as may be amended.
8. The employee, agent, or licensee's failure to vacate after their termination as an
employee, agent, or licensee from the Covered Rental Unit or Rental Unit/Dwelling as
described California Code of Civil Procedure section 1161(1), as may be amended.
9. When the Tenant/Resident fails to deliver possession of the Covered Rental Unit or
Rental Unit/Dwelling after providing the Landlord written notice as provided in Section
1946 of the California Civil Code, as may be amended, of the Tenant's/Resident's
F
intention to terminate the hiring of the Covered Rental Unit, or makes a written offer to
surrender that is accepted in writing by the Landlord, but fails to deliver possession at the
time specified in that written notice as described in California Code of Civil Procedure
section 1161(5), as may be amended.
10. Notwithstanding Section 6(B) Nos. 1-9, above, the following violations of Leases or
Rental Housing Agreements shall not be grounds for evictions:
(a) The obligation to limit occupancy, provided that the additional
Tenant/Resident who joins the occupants of the unit thereby exceeding the limits
on occupancy set forth in the Rental Housing Agreement is a dependent child to
join the existing Tenancy of a Tenant of record, the sole additional adult
Tenant/Resident, or is a replacement Tenant/Resident who moved in after an
approved Tenant/Resident vacated the Covered Rental Unit or Rental Unit or
Dwelling, so long as the addition does not exceed the Uniform Housing Code.
The Landlord, however, has the right to approve or disapprove the prospective
additional or replacement Tenant/Resident, who is not a minor dependent child,
provided that the Landlord does not unreasonably withhold approval. If the
Landlord fails to respond to the Tenant/Resident in writing with a description of
the reasons for the denial of the request within seven (7) days of receipt of the
Tenant's/Resident's written request, the Tenant's/Resident's request shall be
deemed approved by the Landlord; or
(b) A change in the terms of the Tenancy that is not the result of an express
written agreement signed by both of the parties. The Tenant/Resident must
knowingly consent, without threat or coercion, to each change in the terms of the
Tenancy. A Landlord is not required to obtain a Tenant's/Resident's written
consent to a change in the terms of the tenancy if the change in the terms of the
Tenancy is authorized by this Chapter, or if the Landlord is required to change the
terms of the Tenancy pursuant to federal, state, or local law. Nothing in this
paragraph shall exempt a Landlord from providing legally required notice of a
change in the terms of the Tenancy.
(c) Notwithstanding any contrary provision in this Section, a Landlord shall not
take any action to terminate a Tenancy based on a Tenant's/Resident's sublease of
the Covered Rental Unit or Rental Unit/Dwelling if all the following requirements
are met:
i. The tenant requests of the Landlord in writing to sublease the rental unit;
and
27
ii. The Tenant/Resident continues to reside in the Covered Rental Unit or
Rental Unit/Dwelling as his or her Primary Residence; and
iii. The sublease replaces one or more departed Tenants or Residents under
the Rental Housing Agreement on a one -for -one basis; and
iv. The Landlord fails to respond to the Tenant or Resident within seven
(7) calendar days of the receipt of the Tenant's or Resident's written
request. If the Landlord fails to respond to the Tenant's or Resident's
written request, then the Tenant's or Resident's request shall be deemed
approved by the Landlord. A Landlord's reasonable refusal of the Tenant's
or Resident's written request may not be based on the proposed additional
occupant's lack of creditworthiness, if that person will not be legally
obligated to pay some or all of the Rent to the Landlord. A Landlord's
reasonable refusal of the Tenant's or Resident's written request may be
based on, but is not limited to, the ground that the total number of
occupants in a Covered Rental Unit or Rental Unit/Dwelling exceeds the
maximum number of occupants as determined under Section 503(b) of the
Uniform Housing Code as incorporated by California Health & Safety
Code Section 17922, as described below:
a. `Every residential rental unit must have at least 120 square feet;
other rooms used for living must be at least 70 square feet; and any
room used for sleeping must increase the minimum floor area by
50 square feet for each occupant in excess of two. Different rules
apply in the case of `efficiency units"' (See 1997 Uniform Housing
Code section 503(b), and Health and Safety Code section 17958.1,
as may be amended.)
b. "The standard shall be two occupants per bedroom plus one
additional occupant."
(d) Eviction Protection for Victims of Domestic Violence, Elder or Dependent
Adult Abuse, or Sexual Assault, Human Trafficking, or Stalking. It shall be a
defense to an action for possession of a unit under, Section 6(B) Nos. 1-10, if the
trier of fact determines that:
i. The Tenant/Resident or Tenant's/Resident's household member is a
victim of an act or acts that constitute domestic violence, elder or
dependent adult abuse, sexual assault, human trafficking, or stalking if: (i)
The domestic violence, elder or dependent adult abuse, sexual assault,
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human trafficking, or stalking has been documented by one of the
following:
a. By a temporary restraining order, emergency protective order or
protective order issued within the last 180 days pursuant to law
that protects the Tenant/Resident or Tenant's/Resident's household
member from domestic violence, elder or dependent adult abuse,
sexual assault, human trafficking, or stalking; or
b. There is a written report, within the last 180 days, by a peace
officer stating that the Tenant/Resident, or a member of the
Tenant's/Resident's household has filed a report alleging that he or
she is a victim of domestic violence, elder or dependent adult
abuse, sexual assault, human trafficking, or stalking, or
c. Documentation from a qualified third party based on information
received by that third party while acting in his or her professional
capacity to indicate that the Tenant, Resident, or Tenant's or
Resident's household member is seeking assistance for physical or
mental injuries or abuse resulting from an act of domestic violence,
sexual assault, stalking, human trafficking, elder abuse, or
dependent adult abuse, as provided in California Code of Civil
Procedure section 1161.3(a)(1)(C), (D), and (E).
ii. The Tenant/Resident or the notice to vacate is substantially based upon
the act or acts constituting domestic violence, elder or dependent adult
abuse, sexual assault, human trafficking, or stalking against the
Tenant/Resident or a Tenant's/Resident's household member, including but
not limited to an action for possession based on complaints of noise,
disturbances, or repeated presence of police.
iii. Notwithstanding Section 6(B)(d)(1) and (2), a Landlord may terminate
the Tenancy of a Tenant or Resident or a member of Tenant's or Resident's
household if (i) either:
a. the Tenant or Resident allows the person against whom the
protective order has been issued or who was named in the police
report as committing an act of domestic violence, elder or
dependent adult abuse, sexual assault, human trafficking, or
stalking, to visit the rental property; or
29
b. the Landlord reasonably believes the presence of the person
against whom the protective order has been issued or who was
named in the police report as having committed an act of domestic
violence, elder or dependent adult abuse, sexual assault, human
trafficking, or stalking poses a physical threat to other Tenants,
Residents, guests, invitees, or to a Tenant's or Resident's right to
quiet enjoyment and the Landlord previously gave the Tenant or
Resident a three day Written Notice to Cease and Correct this
violation.
iv. Tenant Protections during Foreclosure. The protections found at 42
U.S.C. section 143711(o)(7), and Pub.L. No. 111-22, fit. VII, §702, 123
Star. 1632, 1660-61 (2009) (known as the Protecting Tenants In
Foreclosure Act), as amended and California Code of Civil Procedure
sections 1161a, 116lb, 1161c, et seq., as amended (known as the
California Homeowner Bill of Rights Act) shall apply with equal force
and effect. In addition, notwithstanding anything to the contrary in
Sections 4 or 5 herein, a Landlord who obtains title through foreclosure to
Property containing Rental Units subject to this Chapter may not bring an
action to recover possession of the Rental Unit from a Tenant whose
Tenancy commenced on or before the date that the Landlord obtained title,
unless the reason for the eviction is based upon the grounds set forth in
Section 6(B). To recover possession of the Rental Unit from a Tenant, the
Landlord must comply with all of the requirements and provisions of this
section, including, without limitation, the payment of Relocation
Assistance pursuant to this Section.
C. A Landlord may initiate an action to terminate a Tenant's or Resident's Tenancy from the
Covered Rental Unit, Rental Unit/Dwelling without providing a Written Notice to Cease or
Correct if:
1. A member of Tenant's or Resident's household or a guest or invitee of the Tenant or
Resident engages in the activity or behavior set forth in this subsection at Section
6(C)(1-4);
2. The Landlord within a reasonable time has reported the activity or behavior to law
enforcement;
3. Law enforcement has investigated the activity or behavior and has advised the
Landlord that there is probable cause that a member of the Tenant's or Resident's
household, or a guest, or an invitee of the Tenant or Resident has engaged in activity or
behavior as reported by the Landlord; and
30
4. The Tenant or Resident fails to demonstrate to the Landlord that they removed the
person(s) who engaged in the activity or behavior, or had been removed from the
Tenant's or Resident's household, but the Tenant or Resident has permitted such person to
return to the Tenant's or Resident's household.
Notwithstanding the foregoing, if there is more than one Tenant or Resident in the
Covered Rental Unit, Rental Unit/Dwelling, this subsection at Section 6(C)(1-4) shall
apply only to that Tenant or Resident or those Tenants or Residents to which Section
6(C)(1-4) applies.
D. For purposes of this subsection, criminal activity includes, but shall not be limited to,
prostitution as defined in Penal Code section 647(b), as may be amended, criminal street gang
activity as defined in Penal Code section 186.20 and following, as may be amended, assault and
battery, as defined in Penal Code sections 240 and 242, as may be amended, burglary as defined
in Penal Code section 908, as may be amended, sexual offenses as defined in Penal Code
sections 261 and following and 286, as may be amended, or any other behavior that involves the
imminent or actual threat of the health or safety of the Landlord or other Tenants or Residents or
actual property damage in excess of $5,000.
1. For purposes of this subsection, drug related criminal activity, includes, but shall not be
limited to, the illegal manufacture, sale, distribution, use or possession with the intention
to manufacture, sell, or distribute, or use a controlled substance as defined in Section 102
of the Controlled Substances Act [21 USC section 802, as may be amended] or as defined
in Health and Safety Code section 11350, except as may be permitted under federal, state,
and local law.
2. For purposes of this subsection, abusive or violent behavior includes verbal as well as
physical abuse or violence, or actions that are prohibited under California Penal Code
section 273.5 or Family Code section 6320, et seq., as may be amended, including the use
of racial epithets or other language, written or oral that is customarily used to intimidate.
3. For purposes of this subsection, threatening refers to oral or written threats or physical
gestures that communicate to a reasonable person an intent to abuse or an intent to
commit violence.
The past criminal history of a Tenant or Resident, or of the Tenant's or Resident's guest or
invitee, shall not be a factor in determining whether the Tenant or Resident has violated Section
D. If the Tenant or Resident, or the guest or invitee of the Tenant or Resident is acquitted from
the charges, or the charges are dismissed or reduced, then the Tenancy shall be restored, and the
Tenant or Resident is permitted to return to the Covered Rental Unit or Rental Unit/Dwelling.
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E. No -Fault Just Cause. If a Landlord can show any of the following circumstances with
respect to a termination of Tenancy in a Covered Rental Unit, or Rental Unit/Dwelling, the
termination qualifies as a No -Fault termination. No-fault termination of tenancy may only apply
to month -to -month tenancies or once a fixed -term tenancy has ended.
1. Intent to occupy the Covered Rental Unit, or Rental Unit/Dwelling by the Landlord or
Landlord Family Member, provided that to use this section, the Landlord must be a
natural person. The Landlord seeks in good faith, honest intent, and without ulterior
motive to recover possession for:
(a) The Landlord's own use and occupancy as the Landlord's principal residence
for a period of at least 36 consecutive months commencing within three months of
vacancy; or
(b) The principal residence of the Landlord's Family Member. Provided that the
Landlord's Family Member must be: (1) an elder adult, aged 60 or over, or a
person with a disability; (2) must move into the Covered Rental Unit, Rental
Unit/Dwelling for the Landlord's Family Member is located within the same
building as the Landlord's principal residence within sixty (60) days from the date
the Tenant/Resident surrendered possession of the Covered Rental Unit, or Rental
Unit/Dwelling; and (3) The Landlord's Family Member, who is an elder adult,
aged 60 or over, or a person with a disability has occupied the Covered Rental
Unit, or Rental Unit/Dwelling for as his or her principal residence for a period of
at least thirty-six (36) consecutive months.
The Landlord shall confirm to the Tenant/Resident in writing and file a copy of said
notice with the Rent Board that no other unit in the Covered Rental Unit, Rental
Unit/Dwelling is vacant. Provided, however, if there is a comparable unit in the Covered
Rental Unit, Rental Unit/Dwelling, then this shall not serve as a basis to terminate the
Tenancy of the Tenant/Resident. It shall be a rebuttable presumption that the Landlord
has acted in bad faith where the Landlord or the Landlord's Family Member fails to move
into the Covered Rental Unit, Rental Unit/Dwelling within sixty (60) days from the date
that the Tenant or Resident surrendered possession of the Covered Rental Unit, Rental
Unit/Dwelling; or occupy the Covered Rental Unit, Rental Unit/Dwelling as his or her
principal residence for a period of at least thirty-six (36) consecutive months. In the case
where either the Rent Board, or in the event of an eviction proceeding, a court has made a
specific finding of bad faith by the Landlord, the tenancy of the displaced
Tenant/Resident shall be restored, or the Tenant/Resident shall have the right of first
refusal to return to the Covered Rental Unit, Rental Unit/Dwelling. In the circumstances
where the Landlord is unable to restore the Tenant to his or her Tenancy, the Landlord
32
shall have provided relocation assistance to the displaced Tenant or Resident as required
by this Section.
2. For Leases entered into on or after July 1, 2020, clause (i) shall apply only if the
Tenant/Resident agrees, in writing, to the termination, or if a provision of the Lease
allows the owner to terminate the Lease if the Landlord, which must be a natural person,
or Landlord Family Member, unilaterally decides to occupy the Covered Rental Unit, or
Rental Unit/Dwelling. Addition of a provision allowing the owner to terminate the Lease
as described in this clause to a new or renewed Rental Housing Agreement or fixed -term
Lease constitutes a similar provision for the purposes of this subsection.
3. Removal of the Covered Rental Unit, or Rental Unit/Dwelling pursuant to government
order. To use this ground as a basis to evict the Tenant/Resident from the Covered Rental
Unit, Rental Unit/Dwelling, the Landlord's termination of Tenancy must incorporate or
attach the following:
(a) An order issued by a government agency or court relating to habitability that
necessitates vacating the Covered Rental Unit, or Rental Unit/Dwelling; or
(b) An order issued by a government agency or court to vacate the Covered Rental
Unit, or Rental Unit/Dwelling; or
(c) A local ordinance that necessitates vacating the Covered Rental Unit, or
Rental Unit/Dwelling.
If it is determined by any government agency or court that the Tenant is at fault for the
condition or conditions triggering the order or need to vacate under Section 6, the Tenant
shall not be entitled to relocation assistance as outlined in Section 6(G).
4. Vacation of Unpermitted Covered Rental Unit, Rental Unit/Dwelling. The Landlord
seeks in good faith to recover possession of an unpermitted Covered Rental Unit, or
Rental Unit/Dwelling to end the unpermitted use. The Landlord shall have provided
relocation assistance as required by this Section.
5. Ellis Act Removal. The Landlord seeks in good faith to recover possession of the
Covered Rental Unit, or Rental Unit/Dwelling to remove the building in which the
Covered Rental Unit is located permanently from the residential rental market under the
Ellis Act and, having complied in full with the Ellis Act and this Section.
6. Intent to demolish or to substantially remodel the Covered Rental Unit, or Rental
Unit/Dwelling. A Landlord is not permitted to terminate the Tenancy of a
Tenant/Resident under this section unless the Landlord has first obtained all permits from
the City of Santa Ana to undertake substantial repairs which are necessary to bring the
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Covered Rental Unit, or Rental Unit/Dwelling into compliance with applicable codes and
laws affecting the health and safety of Tenants or Residents in the Covered Rental Unit,
or Rental Unit/Dwelling provided that the Landlord complies with all of the following:
(a) The repairs cost not less than the product of ten (10) times the amount of the
monthly Rent times the number of Covered Rental Units, Rental Unit/Dwelling
upon which such work is performed. For purposes of this subsection, the monthly
Rent for each Covered Rental Unit, Rental Unit/Dwelling shall be the average of
the preceding twelve-month period; and
(b) The repairs necessitate the relocation of the Tenant or Resident household
because the work will render the Covered Rental Unit, Rental Unit/Dwelling
uninhabitable for a period of not less than thirty (30) calendar days; and
(c) The Landlord gives advance notice to the Tenant or Resident of the ability to
reoccupy the unit upon completion of the repairs at the same Rent charged to the
Tenant or Resident before the Tenant or Resident vacated the Covered Rental
Unit, Rental Unit or Dwelling, or if requested by the Tenant or Resident, the right
of first refusal to any comparable vacant Covered Rental Unit, Rental Unit, or
Dwelling which has been offered at comparable Rent owned by the Landlord; and
(d) In the event the Landlord files a petition under the Ordinance within six (6)
months following the completion of the work, the Tenant or Resident shall be a
party to such proceeding as if he or she were still in possession of the Covered
Rental Unit, Rental Unit or Dwelling, unless the Landlord shall submit with such
application a written waiver by the Tenant or Resident of his or her right to
reoccupy the premises pursuant to this subsection; and
(e) The Landlord shall have provided relocation assistance as required by Section
6(G); and
(f) If the Landlord owns other vacant units in Santa Ana, the Landlord must make
the vacant unit available to the Tenant/Resident at the same Rent.
7. For a Tenancy that a Landlord is required to terminate because of Tenant Fault under
Section 6(B), if an owner of residential real property issues a No -Fault termination notice
as described in Section 6(C), the owner shall, regardless of the Tenant's/Resident's
income, at the Landlord's option, do all of the following:
(a) Assist the tenant to relocate by providing a direct payment to the
Tenant/Resident as described in this Section; and
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(b) Waive in writing the payment of rent for the final three months of the
Tenancy, prior to the Rent becoming due.
8. If a Landlord issues a notice to terminate Tenancy for no-fault just cause, the Landlord
shall notify the Tenant/Resident of the Tenant's/Resident's right to relocation assistance
or Rent waiver pursuant to this section. If the Landlord elects to waive the Rent for the
final month of the Tenancy as provided, the notice shall state the amount of Rent waived
and inform the Tenant/Resident that no Rent is due for the final month of the Tenancy.
9. A Landlord's failure to strictly comply with this subdivision shall render the notice of
termination void.
F. Defense to termination for Educators and Students.
1. The following additional provision shall apply to a Landlord who seeks to recover a
Covered Rental Unit or a Rental Unit/Dwelling that is occupied by a Tenant/Resident
who is an educator or a Tenant/Resident who has students in elementary, junior high, or
high school.
(a) It shall be a defense to an eviction under Section 6 until the end of the school
year if a child under the age of 21 or any educator resides in the unit, the child or
Educator is a Tenant/Resident in the Covered Rental Unit/Rental Unit or
Dwelling, or has a Custodial or family relationship with a Tenant in the Covered
Rental Unit/Rental Unit or Dwelling, the Tenant or Resident has resided in the
unit for 12 months or more, and the effective date of the notice of termination of
Tenancy falls during the School Year. The Tenant or Resident may petition the
Rent Board to extend the defense, and the Rent Board may grant an extension
upon a showing of unusual hardship to the Tenant or Resident stemming from the
Tenant's or Resident's protected status under this section.
(b) Within 30 days of personal service by the Landlord of a written request, or, at
the Landlord's option, a notice of termination of Tenancy under this Section, the
Tenant/Resident must submit a statement with supporting evidence to the
landlord, if the Tenant/Resident claims to be a member of the class protected from
eviction by this Section. The Landlord's written request or notice shall contain a
warning that a Tenant's/Resident's failure to submit a statement within the 30-day
period shall be deemed an admission that the Tenant/Resident is not protected
from eviction by this Section, The Landlord shall file a copy of the Landlord's
request or notice with the Rent Board within 10 days of service on the tenant. A
Tenant's/Resident's failure to submit a statement within the 30-day period shall be
deemed an admission that the Tenant/Resident is not protected from eviction by
this Section. A Landlord may challenge a Tenant's/Resident's claim of protected
35
status either by requesting a hearing with the Rent Board or, at the Landlord's
option, through commencement of eviction proceedings, including service of a
notice of termination of tenancy. In the Rent Board hearing or the eviction action,
the Tenant/Resident shall have the burden of proof to show protected status.
G. Ellis Act Provisions —Statement of Purpose and Effect
California Government Code Sections 7060, et seq. (the "Ellis Act") permits the City of Santa
Ana, among other things, to require landlords to provide all tenants with 120 days' notice, or one
year if the tenants lived in the accommodations for at least one year and are more than 62 years
of age or disabled, when rental units subject to this Chapter are to be withdrawn from the rental
market. The Ellis Act also permits the City of Santa Ana to impose other restrictions, conditions
and requirements upon the property. It is the purpose of this section, to implement provisions of
the Ellis Act. The Rent Board may develop forms and regulations to assist in the implementation
of these provisions.
There continues to be a low vacancy rate for rental units in the City of Santa Ana, and the
withdrawal of residential rental property from rent or lease will exacerbate the rental housing
shortage and make it more difficult for tenants displaced by the withdrawal to obtain replacement
housing. Because of the rental housing shortage, it is essential that Tenants be afforded
substantial advance notice to enable them to obtain replacement housing, and that they receive
other protections available under law.
In any action by a landlord to recover possession of a rental unit subject to the Ordinance, the
tenant may raise as an affirmative defense the failure of the landlord to comply with the
requirements of Sections 6(G)(1) through 6(G)(6) as well as the failure of the landlord to
comply with any other requirement of this Chapter.
1. Ellis Act Provisions —Required Notice.
Notwithstanding any provision of this chapter to the contrary, if a Landlord desires to
demolish rental units subject to the Ordinance, or otherwise withdraw the units from
rental housing use, then the following provisions shall apply:
A. Notice of Intent to Withdraw. The Landlord shall notify the Rent Board of
an intention to withdraw a Covered Rental Unit, or Rental Unit/Dwelling from
rental housing use due to removal of the Covered Rental Unit, or Rental
Unit/Dwelling from the rental housing market altogether, or the
demolition/substantial of the Covered Rental Unit, or Rental Unit/Dwelling, as
provided for in Section 6 of this Ordinance. This Notice of Intent to Withdraw
shall contain the following: statements, under penalty of perjury on the form and
in the number prescribed by the Rent Board, stating that the Landlord intends to
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evict to demolish the Covered Rental Unit, Rental Unit or Dwelling, or to remove
the Covered Rental Unit, Rental Unit/Dwelling from rental housing use, the
address or location of the Covered Rental Unit, Rental Unit/Dwelling , the
number of Covered Rental Unit(s), or Rental Unit(s)/Dwelling(s) to be
demolished or removed from rental housing use, the names of the Tenants of each
Covered Rental Unit, or Rental Unit/Dwelling, the date on which the Covered
Rental Unit, or Rental Unit/Dwelling will be withdrawn from rental housing use
and the rent applicable to that Covered Rental Unit, Rental Unit/Dwelling.
The Rent Board shall have the authority to promulgate forms and procedures to
assist in the implementation of this subdivision.
B. Recordation of Non -Confidential Memorandum and Extension of the Date
of Withdrawal from Rental Housing Use. The Landlord shall record with the
County Recorder a memorandum summarizing the provisions of the Notice of
Intent to Withdraw, other than those provisions that are confidential. Information
respecting the name or names of the Tenants, the Rent applicable to any Covered
Rental Unit, Rental Unit/Dwelling , and the total number of units is confidential
information and shall be treated as confidential information by the Rent Board
for purposes of the Information Practices Act of 1977, as contained in Chapter 1
(commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the
California Civil Code, as amended.
The Landlord shall submit a copy of the memorandum filed with the County
Recorder to the Rent Board concurrently with the Notice of Intent to Withdraw,
with a certification that actions have been initiated as required by law to terminate
any existing Tenancies.
The date on which the Covered Rental Unit or Rental Unit/Dwelling are to be
withdrawn from rental housing use shall be at least 120 days from the date of the
delivery to the Rent Board in person, via email, or by first-class mail of the
Notice of Intent to Withdraw.
If the Tenant is a Qualified Tenant and has lived in his or her accommodations for
at least one year prior to the date of delivery to the Rent Board of the Notice of
Intent to Withdraw the Covered Rental Unit, Rental Unit/Dwelling, pursuant to
Subsection A of this section, then the date of withdrawal of the accommodations
of that Tenant shall be extended to one year after the date of delivery of that
Notice to the Rent Board. This extension shall take place, if and only if, the
Tenant gives written notice of his or her entitlement to an extension to the
Landlord within 60 days of the date of delivery to the Department of the Notice of
Intent to Withdraw. In that situation, the following provisions shall apply:
37
1. The Tenancy shall be continued on the same terms and conditions as
existed on the date of delivery to the Department of the Notice of Intent to
Withdraw, subject to any adjustments otherwise available under the
Ordinance.
2. No party shall be relieved of the duty to perform any obligation under
the lease or rental agreement.
3. The Landlord may elect to extend the date of withdrawal on any other
rental units up to one year after the date of delivery to the Department of
the Notice of Intent to Withdraw, subject to Subparagraphs 1. and 2.
4. Within 30 days of the notification by the Tenant to the Landlord of his
or her entitlement to an extension, the Landlord shall give written notice to
the Rent Board of the claim that the Tenant is entitled to stay in the
accommodations for one year after the date of delivery to the Rent Board
of the Notice of Intent to Withdraw.
5. Within 90 days of the date of delivery to the Rent Board of the Notice
of Intent to Withdraw, the Landlord shall give written notice to the Rent
Board and the affected Tenant of the Landlord's election to extend the date
of withdrawal and the new date of withdrawal under Subparagraph 3.
C. Notice to the Tenants of Pending Withdrawal. Within five days of delivery
to the Department of the Notice of Intent to Withdraw with the certification
required under Subsection B of this section, and a copy of the memorandum
recorded by the County Recorder, the Landlord shall notify, by delivery in person,
via email, or by first-class mail, each affected Tenant of the following:
1. That the Rent Board has been notified pursuant to Subsection A., including the
date of the delivery to the Rent Board of the Notice of Intent to Withdraw;
2. That the Notice delivered to the Rent Board specified the name and the amount
of Rent paid by the Tenant as an occupant of the accommodations;
3. The amount of Rent the Landlord specified in the notice to the Rent Board;
4. Notice to the Tenant of his or her rights under Paragraph (3) of Subdivision (b)
of Government Code Section 7060.2; and
5. Notice to the Tenant stating the following:
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(a) If the Tenant is a Qualified Tenant, and has lived in his or her
accommodations for at least one year prior to the date of delivery to the
Rent Board of the Notice of Intent to Withdraw, then the tenancy shall be
extended to one year after the date of delivery to the Department of the
Notice of Intent to Withdraw, provided that the tenant gives written notice
of his or her entitlement to the landlord within 60 days of the date of
delivery to the Department of the Notice of Intent to Withdraw;
(b) The extended Tenancy shall be continued on the same terms and
conditions as existed on the date of delivery to the Rent Board of the
Notice of Intent to Withdraw, subject to any adjustments otherwise
available under this Chapter; and
(c) No parry shall be relieved of the duty to perform any obligation under
the lease or rental agreement during the extended Tenancy.
2. Ellis Act Provisions- Notification to Rent Board of Intent of Landlord to Re -Rent
Unit
A. If a Landlord desires to offer for rent or lease a Covered Rental Unit or Rental
Unit/Dwelling that was the subject of a Notice of Intent to Withdraw pursuant to
the provisions of Subsection 6(G) (1)(A-C), the Landlord must file with the Rent
Board a Notice of Intention to Re -Rent Withdrawn Accommodations on a form
prescribed by the Rent Board. This Notice must contain the following
information:
1. The names and mailing addresses of all owners or Landlords of the
Covered Rental Unit, or Rental Unit/Dwelling;
2. A statement that said owners or Landlords intend to re -rent the
accommodations;
3. The addresses of those accommodations.
B. Except as provided in Section 6, subsection (G)(5) of this Chapter, the
Landlord shall not offer for rent or lease any Covered Rental Unit or Rental
Unit/Dwelling from which a Tenant or lessee was displaced for a period of thirty
days following the filing of the Notice of Intention to Re -Rent Withdrawn
Accommodations with the Rent Board.
3. Ellis Act Provisions —Civil Penalties For Offering Units for Rent Within Two
Years of Withdrawal
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If a Covered Rental Unit, Rental Unit/Dwelling that was the subject of a Notice of Intent
to Withdraw pursuant to the provisions of Section 6(G)(1), subsections (A)-(C) is offered
for rent or lease within two years of the date of withdrawal of the Covered Rental Unit or
Rental Unit/Dwelling from the rental market:
A. The Landlord shall be liable to any Tenant or lessee who was displaced from
the Covered Rental Unit or Rental Unit/Dwelling for actual and exemplary
damages. Any action by a Tenant or lessee pursuant to this section shall be
brought within three years of withdrawal of the Covered Rental Unit or Rental
Unit/Dwelling from rent or lease. Nothing in this section precludes a Tenant from
pursuing any alternative remedy available under the law; and
B. The City may institute a civil proceeding against any Landlord who has again
offered a Covered Rental Unit or Rental Unit/Dwelling for rent or lease subject to
this section, for exemplary damages for displacement of tenants or lessees. Any
action by the City pursuant to this section shall be brought within three years of
the withdrawal of the rental unit from rent or lease.
C. Any Landlord who offers a Covered Rental Unit or Rental Unit/Dwelling for
rent or lease shall first offer the unit for rent or lease to the Tenant or lessee
displaced from that unit by the withdrawal pursuant to this chapter. If the Tenant
has advised the Landlord in writing within 30 days of the displacement of the
Tenant's desire to consider an offer to renew the tenancy and has furnished the
Landlord with an address to which that offer is to be directed, that Tenant or
former Tenant may advise the Landlord at any time during the eligibility of a
change of address to which an offer is to be directed. If the Landlord re -offers the
Covered Rental Unit or Rental Unit/Dwelling for rent or lease pursuant to this
section of a desire to consider an offer to renew the tenancy, then the Landlord
shall offer to reinstate a rental agreement or lease on terms permitted by law to
that displaced Tenant This offer shall be deposited in the United States mail, by
registered or certified mail with postage prepaid, addressed to the displaced tenant
at the address furnished to the Landlord as provided for in this section, and shall
describe the terms of the offer. The displaced Tenant shall have 30 days from the
deposit of the offer in the mail to accept the offer by personal delivery of that
acceptance or by deposit of the acceptance in the United States mail by registered
or certified mail with postage prepaid.
4. Ellis Act Provisions -- Withdrawal of Covered Rental Unit, Rental Unit/Dwelling -
Five Years
(a) For all tenancies commenced during the time periods described in [insert], the
Covered Rental Unit, Rental Unit/Dwelling shall be offered and rented or leased
K11
at the lawful rent in effect at the time any notice of intent to withdraw the Covered
Rental Unit, Rental Unit/Dwelling is filed with the City of Santa Ana, plus the
provisions of annual adjustments.
(b) The provisions of subsection (a) shall apply to all tenancies commenced during
either one of the following time periods:
(i) The five-year period after any notice of intent to withdraw the rental unit
is filed with the City of Santa Ana, whether or not the notice of intent is
rescinded or the withdrawal of the rental unit is completed pursuant to the
notice of intent.
(ii) The five-year period after the Covered Rental Unit, Rental Unit/Dwelling
is withdrawn.
(c) This section shall prevail over any conflicting provision of law authorizing the
landlord to establish the rental rate upon the initial hiring of the Covered Rental
Unit, Rental Unit/Dwelling.
5. Ellis Act Provisions -- Withdrawal of Covered Rental Unit, Rental Unit/Dwelling -
Ten Years
A landlord who offers a Covered Rental Unit, Rental Unit/Dwelling for rent or
lease within 10 years from the date on which they are withdrawn, and with are
subject to this section, shall first offer the unit to the Tenant displaced from that
Covered Rental Unit, Rental Unit/Dwelling by the withdrawal, if that Tenant
requests the offer in writing within 30 days after the Landlord has notified the
City of Santa Ana of an intention to offer the Covered Rental Unit, Rental
Unit/Dwelling again for residential rent or lease. The Landlord of the Covered
Rental Unit, Rental Unit/Dwelling shall be liable to any tenant who was displaced
by that action for failure to comply with this section, for punitive damages in an
amount which does not exceed the contract rent for six months, and the payment
of which shall not be construed to extinguish the Landlord's obligation to comply
with this section.
6. Ellis Act Provisions - Units Not Withdrawn from the Rental Market Under
California Civil Code section 1946.2(h)(2)(B)
(a) For purposes of California Civil Code section 1946(b)(2)(B) the following shall
not be deemed "withdrawals from the rental market":
(i) Selling the Unit.
(ii) Withdrawing the Covered Rental Unit, Rental Unit/Dwelling from the
rental market for less than five (5) years.
(iii) Converting the Covered Rental Unit, Rental Unit/Dwelling to a hotel,
short-term rental, or any other use that involves human habitation in
exchange for money paid to a Landlord.
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(iv) Withdrawing only a portion of the Covered Rental Unit, Rental
Unit/Dwelling from the rental market. All rental units at the property must
be withdrawn.
7. Ellis Act Provisions —Regulation of Property on Re -Offer for Rent or Lease After
Withdrawal
If a Landlord desires to offer for rent or lease a rental unit which was the subject of a
Notice of Intent to Withdraw pursuant to the provisions of Section 6(G)(1), subsections
(A)-(C) , the following regulations apply:
A. If a Covered Rental Unit or Rental Unit/Dwelling that was removed from rental
housing use pursuant to the provisions of Section 6(G)(1), subsections (A)-(C) is offered
for rent or Lease during either:
1. The five-year period after the Notice of Intent to Withdraw the accommodations
is filed with the Rent Board pursuant to Section 6(G)(1), subsections (A)-(C),
whether or not the Notice of Intent is rescinded or the withdrawal of the
accommodations is completed pursuant to the Notice of Intent; or
2. The five-year period after the accommodations are withdrawn; then the
accommodations shall be offered and rented or leased at the lawful rent in effect
at the time any Notice of Intent to Withdraw the accommodations was filed with
the Department, plus annual adjustments available under Section 8 of this
Chapter.
B. Subsection A. of this section shall prevail over any conflicting provision of law
authorizing the Landlord to establish the rental rate upon the initial hiring of the Covered
Rental Unit, Rental Unit/Dwelling.
8. Ellis Act Provisions —Re -Rental Rights of Displaced Tenants
If a Landlord desires to offer for rent or lease a rental unit that was the subject of a Notice
of Intent to Withdraw pursuant to the provisions of 6(G)(1), subsections (A)-(C) the
following regulations apply:
A. A Landlord who offers accommodations for rent or lease within two years
from the date of withdrawal shall first offer to rent or lease each unit to the Tenant
or Tenants displaced from the Covered Rental Unit or Rental Unit/Dwelling by
the withdrawal, provided that the Tenant or Tenants advised the landlord in
writing within 30 days of displacement of his or her desire to consider an offer to
renew the tenancy, and provided the landlord with an address to which that offer
is to be directed. That Tenant or Tenants may advise the Landlord at any time
42
during the period of eligibility of a change of address to which an offer is to be
directed.
If a landlord again offers accommodations for rent or lease pursuant to the
provisions of this subsection, and the Tenant or lessee has advised the Landlord
pursuant to this subsection of a desire to consider an offer to renew the tenancy,
then the Landlord shall offer to reinstitute a rental agreement or lease on terms
permitted by law to that displaced Tenant or lessee.
A Landlord who re -offers rental or lease accommodations to a previously
displaced Tenant pursuant to the provisions of this subsection shall deposit the
offer in the United States mail, by registered or certified mail with postage
prepaid, addressed to the displaced Tenant or Tenants at the address furnished to
the Landlord as provided in this subsection, and shall describe the terms of the
offer. The displaced Tenant or Tenants shall have 30 days from the deposit of the
offer in the mail to accept the offer by personal delivery of that acceptance, via
email to the Landlord, or by deposit of the acceptance in the United States mail.
B. A Landlord who offers accommodations for rent or lease not exceeding five
years from the date of withdrawal shall first offer to rent or lease each unit to the
Tenant or Tenants displaced from that accommodation by the withdrawal,
provided that the Tenant or Tenants requests the offer in writing within 30 days
after the Landlord has notified the Rent Board of an intention to offer the
accommodations again for residential rent or lease pursuant to the requirements of
Section 6(G (2). The Landlord shall be liable to any Tenant or Tenants who were
displaced by that action for failure to comply with this subsection, for punitive
damages in an amount that does not exceed the contract Rent for the Covered
Rental Unit or Rental Unit/Dwelling for six months.
9. Ellis Act Provisions —Reporting Requirements.
(a) Not later than the last day of the third and sixth calendar months following the
month in which notice is given to the Rent Board, and thereafter not later than
December 31 of each calendar year for a period of five years, beginning with the
year in which the six-month notice is given, the Landlord of any Covered Rental
Unit, Rental Unit/Dwelling which contains or formerly contained one or more
Rental Units which a Tenant or Tenants vacated pursuant to California Civil Code
1946.2(b)(2)(B) shall notify the Rent Board in writing, under penalty of perjury,
for each such unit:
1. Whether the unit has been demolished;
2. If the unit has not been demolished, whether it is in use;
3. If it is in use, whether it is residential use;
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4. If it is in residential use, the date the tenancy began, the name of the
Tenant(s), and the amount of rent charged.
If the Covered Rental Unit, Rental Unit/Dwelling has been demolished, and one or more
new units constructed on the lot, the Landlord shall furnish the information required by
items (2), (3), and (4) for each new unit. The Rent Board shall maintain a record of the
notices received under this section and all notices received under this section for each
Covered Rental Unit, Rental Unit/Dwelling withdrawn from the rental market pursuant to
California Civil Code section 1946.2(b)(2)(B).
(b) The Rent Board shall notify each person who is reported as having become a
tenant in a vacated or new unit subject to the reporting requirements of Subsection
(a) that it maintains the records described in Subsection (a), and that the rent o the
unit may be restricted pursuant to Section 3.
10. Ellis Act Provisions —Rental of Replacement Units
A. Replacement Units Subject to this Chapter. If a building containing a
Covered Rental Unit, Rental Unit/Dwelling that was the subject of a Notice of
Intent to Withdraw pursuant to the provisions of Section 6(G), subsections
(A)-(C) is demolished and rental units are constructed on the same property and
offered for rent or lease within five years of the date the Covered Rental Unit,
Rental Unit/Dwelling that was the subject of the Notice of Intent to Withdraw was
withdrawn from rent or lease, the Landlord may establish the initial rental rate for
the newly constructed rental units. The provisions of this Chapter and other
provisions of this Chapter shall apply to the newly constructed rental units.
This section shall not apply to demolished buildings containing four or fewer
rental units, if the Landlord of the building, whose name appears on legal title to
the property, is a natural person and resided in the building for three consecutive
years prior to demolition, or if the building is not yet demolished, for three
consecutive years prior to filing an application for exemption. To obtain this
exemption, an owner must apply to the Rent Board for exemption pursuant to the
provisions of Subdivision 3 of Subsection C. of this section.
B. Exemption from the Ordinance with Replacement Affordable Units. An
owner who replaces the number of demolished rental units with an equal number
of affordable housing units, not to exceed 20% of the total number of newly
constructed rental units, may apply to the Rent Board for an exemption of the
newly constructed rental units from the provisions of this Chapter. The affordable
housing units must be located in the newly constructed accommodations. The
Rent Board shall issue an exemption where it finds all of the following to exist:
44
1. The Landlord executed and recorded a covenant and agreement, in a form
satisfactory to the Rent Board, guaranteeing that the replacement
affordable housing units, affordable for households with an income at or
below 80% of Area Median Income as established by the U.S. Department
of Housing and Urban Development for the Los Angeles -Long
Beach -Anaheim primary metropolitan statistical area, shall remain
affordable for 30 years from the date the covenant and agreement is
recorded. The covenant and agreement contains provisions as required by
the Department to ensure the effective administration and enforcement of
this subsection.
2. The replacement affordable housing units shall be reasonably dispersed
throughout the newly constructed accommodations and shall not be
segregated in a portion of the accommodations dedicated to affordable
housing units.
3. The replacement affordable housing units shall be comparable to the
market rate units and contain, on average, the same number of bedrooms,
bathrooms and square footage as the market rate units. The replacement
affordable housing units shall be comparable in architectural style to the
average of the market rate units. Units that are used to qualify for a density
bonus pursuant to the provisions of either California Government Code
Section 65915 et seq., as may be amended, or Santa Ana Municipal Code
and Charter Section XVLI, Sections 41-600 to 41-263, as may be
amended, or are used to satisfy any inclusionary zoning or replacement
affordable housing requirement, or are used to qualify for any other public
benefit or incentive, may be used to qualify as replacement affordable
housing units pursuant to the provisions of this subsection.
11. Ellis Act Provisions -- Applicability to Successors in Interest
(a) This Section shall apply to all successors in interest of a Landlord who has
withdrawn a Covered Rental Unit, Rental Unit/Dwelling from rent or lease. The
City of Santa Ana shall record a notice with the county recorder which shall
specifically describe the real property where the rental unit is located, the dates
applicable to the constraints and the name of the Landlord of record upon the real
property. The notice shall be indexed in the grantor -grantee index.
(b) A person who acquires title to the real property subsequent to the date upon which
the Covered Rental Unit, Rental Unit/Dwelling has been withdrawn from rent or
lease, as a bona fide purchaser for value, shall not be a successor in interest for the
purposes of this section if the notice prescribed by this section has not been
recorded with the county recorder at least one day before the transfer of title.
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12. Ellis Act Provisions - Complete Defense to Unlawful Detainer
a. If a Landlord seeks to displace a Tenant from a Covered Rental Unit, Rental
Unit/Dwelling under California Civil Code 1946.2(b)(2)(B) through unlawful
detainer proceeding, the Tenant may appear and answer or demur pursuant to
Section 1170 of the California Code of Civil Procedure and may assert by way of
defense that the Landlord has not complied with the applicable provisions of this
chapter in addition to any other defense the Tenant may raise.
b. In accordance with Hilaly v. Allen, 36 Cal. App. 5th Supp. 12, 24 (2019), it shall
be a complete defense to eviction under California Civil Code section
1946.2(b)(2)(B) , if a landlord, changes the terms of tenancy in a manner not
otherwise available under this Section of an eligible elderly or disabled tenant,
after the Rent Board receives notice of the Landlord's intent to withdraw.
13. Ellis Act Provisions-- Amendments to the Ellis Act.
This section is enacted principally to exercise specific authority provided for by Chapter
12.75 of Division 7 of Title 1 of the California Government Code, originally enacted by
Stats. 1985. Ch. 1509, Section 1 (The Ellis Act, California Government Code Sections
7060 et seq.) In the case of any amendment to Chapter 12.75 or any other provision of
State law which amendment is inconsistent with this Section, this Section shall be
deemed to be amended to be consistent with state law, and to the extent it cannot be so
amended, it shall be interpreted to be effective as previously adopted to the maximum
extent possible.
C. Application for Exemption from this Chanter.
1. Hardship Exemption. The Rent Board shall have the authority to grant an exemption from
the provisions of this section in cases of undue financial hardship arising from detrimental
reliance on the provisions of this article prior to the enactment of this section as duly established
to the satisfaction of the Rent Board. A Landlord claiming hardship must file a written
application for exemption with the Rent Board on forms provided by the Rent Board within 90
days of the effective date of this section, and the owner must demonstrate that the hardship
existed as of the date that the ordinance enacting this section was adopted by Council.
2. Replacement Affordable Housing Unit Exemption. A Landlord may, at any time, apply for
exemption pursuant to the provisions of Subsection B. of this section, but must do so by written
application on a form provided by the Rent Board. If the Rent Board issues an exemption while
there are tenants residing in rental units that are subject to the provisions of the this Chapter, each
of the units shall continue to be subject to the provisions of this Chapter until all tenants in a unit
voluntarily vacate the unit, or have their tenancies terminated pursuant to the provisions of
Section 6of this Chapter.
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3. Owner Occupancy Exemption. An Landlord, whose name appears on legal title to the
Covered Rental Unit, Rental Unit/Dwelling, may file an application for exemption from the
Chapter on the grounds that the Landlord is a natural person who occupied the demolished
building, which consisted of four or fewer rental units, for three years prior to the demolition of
the building. If the building has not yet been demolished, an owner may file an application for
exemption from Section 6(G), subsection (6) on the grounds that the building to be demolished
consists of four or fewer rental units, and that the Landlord occupied the building for three
consecutive years prior to filing an application for exemption. A Landlord may, at any time,
apply for exemption, but must do so by written application on a form provided by the Rent
Board. If the Rent Board issues an exemption while there are tenants residing in units that are
subject to the provisions of this Chapter, each of the units shall continue to be subject to the
provisions of this Chapter until all tenants in a unit voluntarily vacate the unit, or have their
tenancies terminated pursuant to the provisions of Section 6 of this Chapter.
4. Verification of Information. Information submitted in any written application to the
Department for any of the exemptions outlined in this section, will be subject to verification and
approval by the Department.
D. Appeals. A Landlord who is denied an exemption from this Chapter for an application filed
pursuant to the provisions of Subsection C. of this section may appeal the denial by requesting a
hearing before the Rent Board. The appeal must be filed in writing and received by the Rent
Board within 15 calendar days of the date of mailing the denial decision. The appeal must be on
a form provided by the Rent Board and identify the grounds for appeal. If the Rent Board does
not receive an appeal from a decision to deny an exemption within the 15-day appeal period, the
decision will be final.
The Rent Board's hearing shall be held within 30 days of receiving the appeal and will follow the
procedures that shall be established by the Rent Board. The Landlord may present proof at the
hearing of entitlement to an exemption, and a Rent Board representative shall explain the reason
for the denial of the exemption application.
The Rent Board shall issue a written decision of the appeal, and it has the authority to affirm,
modify, or reverse its decision. The Rent Board may, upon a showing of good cause, or where
further investigation is warranted, grant a continuance of the hearing.
E. Authority of Rent Board. The Rent Board shall be responsible for carrying out the
provisions of this section and shall have the authority to promulgate and administer policies,
rules, and regulations to effectuate the purposes of this section.
H. Relocation Assistance.
(1) A Landlord who seeks to recover possession in an eviction proceeding based on a
no-fault reason in Sections 6(E), 6(F), or 6(G), shall provide Relocation Assistance to
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affected Tenant/Resident households in an amount equal to three (3) times the current
Fair Market Rent for a similar Rental Unit in Orange County as determined by the U.S.
Department of Housing and Urban Development. Tenant/Resident households with at
least one Qualified Tenant shall be entitled to an additional payment equal to one (1)
times the current Fair Market Rent for a similar Rental Unit/Dwelling as determined by
HUD as part of their Relocation Assistance. To the extent permitted by law, the
Relocation Assistance required herein shall be a minimum amount. Relocation assistance
amounts should reflect the true costs paid by Tenant/Resident households to leave a
home, including the costs to take time off of work or school to pack up belongings and
move, and the costs associated with finding a new home, including, but not limited to, a
new security deposit and first and last month's rent. The best way to determine the
appropriate relocation amounts is to conduct a study of the housing market. The City
should adopt the relocation amounts implemented by the City of Los Angeles, a
bordering jurisdiction, until it can conduct a housing study that supports higher relocation
amounts for the City of Santa Ana. The Board may increase the amounts of Relocation
Assistance pursuant to its powers under law. The Landlord shall also waive the affected
Tenant's/Resident's payment for the final month of rent, in an amount equal to at least
three months' worth amount of rent.
(2) The Landlord shall notify the affected Tenants of their rights under this subsection, if
any, at the time of the service of any notice terminating the tenancy. The Relocation
Assistance shall be paid to Tenant households who vacate a Covered Rental Unit or
Rental Unit/Dwelling within the earlier of 15 calendar days of the notice from (2), or no
later than the time that they vacate the Covered Rental Unit or Rental Unit/Dwelling.
(3) The Board shall issue rules and regulations to effectuate this subsection including but
not limited to the procedures for establishing and facilitating payment of the Relocation
Assistance, including rules for determining whether a Tenant meets the criteria for a
Qualified Tenant, and rules to ensure the reasonably timely payment of any applicable
Relocation Assistance.
I. Posting of Notice. For every Property containing Covered Rental Units subject to this Chapter,
the Landlord shall post a notice on a form prepared and authorized by the Rent Board, providing
information about the existence of this Chapter. Notice must be posted in a conspicuous location
in the lobby of the Property, near a mailbox used by all Tenants, or in or near a public entrance to
the Property. The notice shall be written in English, Spanish, Chinese, Tagalog, Vietnamese and
Korean, and in any other languages as required by the Rent Board.
J. Retaliation is Barred. No Landlord may threaten to bring, or bring an action to recover
possession, cause the Tenant to quit the unit involuntarily, serve any Written Notice to Cease or
notice of termination of tenancy, decrease any services or increase the Rent where the Landlord's
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dominant motive is retaliation against the Tenant for the Tenant's assertion or exercise of rights
under this Chapter. Such retaliation shall be a defense to an action to recover possession, or it
may serve as the basis for an affirmative action by the Tenant for actual and punitive damages
and injunctive relief. A Tenant may assert retaliation affirmatively or as a defense to the
Landlord's action regardless of the period of time which has elapsed between the Tenant's
assertion or exercise of rights under this Chapter and the alleged act of retaliation. The Rent
Board may address retaliation issues further in its rules and regulations consistent with the intent
of this subsection to prevent unlawful retaliation. The Rent Board shall maintain records of
complaints received regarding violations of this Chapter, and shall upon the request of the
Tenant, make certified copies of the records of complaints initiated by Tenant.
K. Harassment is Prohibited. No Landlord or such Landlord's agent, contractor, subcontractor,
or employee shall do any of the following, in bad faith:
1. Interrupt, terminate, or fail to provide housing services required by contract or by State,
County, or municipal housing, health or safety laws, or threaten to do so;
2. Fail to perform repairs and maintenance required by contract or by State, County or
municipal housing, health, or safety laws, or threaten to do so.
3. Fail to exercise due diligence in completing repairs and maintenance
once undertaken or fail to follow appropriate industry repair,
containment or remediation protocols designed to minimize exposure to
noise, dust, lead paint, mold, asbestos, or other building materials with
potentially harmful health impacts;
4. Abuse the Owner's right of access into a rental housing unit as that right
is provided by law;
5. Remove from the Rental Unit personal property, furnishings, or any other
items without the prior written consent of the Tenant, except when done
pursuant to the procedure set forth in Civil Code section 1980, et seq.
(disposition of Tenant's property after termination of tenancy).
6. Influence or attempt to influence a Tenant to vacate a Rental Unit through
fraud, intimidation or coercion. This includes threatening to report a
Tenant or other person known to the Owner to be associated with a
Tenant to any local, state, or federal agency on the basis of their
perceived or actual immigration status.The prohibition shall not be
construed as preventing communication with such agencies regarding an
alleged immigration violation;
7. Offer payments to a Tenant to vacate more than once in six (6) months,
after the Tenant has notified the Owner in writing the Tenant does not
desire to receive further offers of payments to vacate;
8. Attempt to coerce a Tenant to vacate with offer(s) of payments to vacate
which are accompanied with threats or intimidation. This shall not
include settlement offers made in good faith and not accompanied with
threats or intimidation in pending eviction actions;
9. Threaten the Tenant or their guests, by word or gesture, with
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physical harm;
10. Substantially and directly interfere with a Tenant's right to quiet use and
enjoyment of a rental housing unit as that right is defined by California
law;
11. Refuse to accept or acknowledge receipt of a Tenant's lawful rent
payment, except as such refusal may be permitted by state law after a
notice to quit has been served on the Tenant and the time period for
performance pursuant to the notice has expired;
12. Refuse to cash a rent check or money order for over thirty (30) days
unless a written receipt for payment has been provided to the Tenant,
except as such refusal may be permitted by state law after a notice to quit
has been served on the Tenant and the time period for performance
pursuant to the notice has expired;
13. Interfere with a Tenant's right to privacy. This includes, but is not limited
to: video or audio recording that captures the interior of a Tenant's unit,
entering or photographing portions of a Rental Unit that are beyond the
scope of a lawful entry or inspection, unreasonable inquiry into a Tenant's
relationship status or criminal history, and unreasonable restrictions on or
inquiry into overnight guests;
14. Request information that violates a Tenant's right to privacy, including but
not limited to residence or citizenship status or social security number,
except as required by law or, in the case of a social security number, for
the purpose of obtaining information for the qualifications for a tenancy,
or not release such information except as required or authorized by law.
This includes a refusal to accept equivalent alternatives to information or
documentation that does not concern immigration or citizenship status,
e.g. an Individual Taxpayer Identification Number (ITIN);
15. Unilaterally impose or require an existing tenant to agree to new material
terms of tenancy or a new rental agreement, unless: (1) the change in the
terms of the tenancy is authorized by the Rent Adjustment Ordinance or
California Civil Code Sections 1946.2(f),1947.5, or 1947.12, or required
by federal, state, or local law or regulatory agreement with a government
agency; or (2) the change in the terms of the tenancy was accepted in
writing by the Tenant after receipt of written notice from the Owner that
the Tenant need not accept such new term as part of the rental
agreement;
16. Removing a housing service for the purpose of causing the Tenant to
vacate the Rental Unit:
17. Engage in conduct that violates California Civil Code Section
789.3, including but not limited to an illegal lockout and utility
shutoff;
18. Violate the Unruh Civil Rights Act (California Civil Code 51 et seq. );
19. Commit elder financial abuse as defined by California Welfare
and Institutions Code 15610.30 et seq. of a Tenant;
20. Misrepresent to a Tenant that they are required to vacate a Rental Unit or
otherwise entice a Tenant to vacate a Rental Unit through
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misrepresentations or concealment of material facts;
21. Force a Tenant to vacate their Rental Unit and re -register in order to avoid
classification as a tenant under Civil Code 1940.1. Forced vacation can
be implied from the totality of the circumstances;
22. Other repeated acts or omissions of such significance as to substantially
interfere with or disturb the comfort, repose, peace or quiet of any person
lawfully entitled to occupancy of such dwelling unit and that cause, are
likely to cause, or are intended to cause any person lawfully entitled to
occupancy of a dwelling unit to vacate such dwelling unit or to surrender
or waive any rights in relation to such occupancy.
Such harassment noted above taken by the Landlord, Landlord's agent, contractor,
subcontractor, or employee shall be a defense to an action to recover possession, or it may serve
as the basis for an affirmative action by the Tenant for actual and punitive damages and
injunctive relief. The Rent Board may address harassment issues further in its rules and
regulations consistent with the intent of this subsection to prevent unlawful harassment.
L. Threats on the basis of immigration or Citizenship Status are Prohibited. The Landlord
shall post in all common areas of the Covered Rental Unit, or Rental Unit/Dwelling a notice
from the Rent Board advising all Tenants/Residents that the protections found at California Civil
Code section 1940.35(a), and California Code of Civil Procedure section 1161.4, as may be
amended, shall apply with equal force and effect to their Tenancies. The Landlord's violation of
this provision shall function as an affirmative defense to any eviction under Section 6 of this
Chapter.
M. Notice to Speci Basis for TeEMination. Any notice purporting to terminate tenancy on any
of the bases specified in this section must state with specificity the basis on which the Landlord
seeks to terminate the tenancy.
N. Landlord Compliance with this Chapter. In any action brought to recover possession of a
Covered Rental Unit or Rental Unit/Dwelling, the Landlord shall allege compliance with this
Chapter.
O. Failure to Comply. A Landlord's failure to comply with any requirement of this section,
including without limitation the failure to serve any of the required notices to the Rent Board, is
a complete affirmative defense in an unlawful detainer or other action brought by the Landlord to
recover possession of the Covered Rental Unit or Rental Unit/Dwelling.
SECTION 7 Stabilization of Rents
(a) Rents Stabilized. Upon the effective date of this Chapter, no Landlord shall charge Rent for
Covered Rental Units/Mobilehomes/Mobilehome Park spaces in an amount that exceeds the sum
of Base Rent plus any lawful Rent increases actually implemented pursuant to this Chapter.
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(b) Rent Increases Regulated. No Landlord shall increase Rent for Covered Rental
Units/Mobilehomes/Mobilehome Park spaces except as authorized by this Chapter. Rent
increases shall be limited to those permitted by Section 8 (Rent Increases Pursuant to Annual
General Adjustment) and Section 13 (Petition for Individual Rent Adjustment -Bases). To the
extent permitted by Section 9 of this Chapter, a Landlord may set the initial Rent for a new
tenancy (See section entitled initial Rents for New Tenancies).
(c) Notice of the Existence of this Chapter Required at Commencement of Tenancy The
Landlord of any Covered Rental Units/Mobilehomes/Mobilehome Park spaces is required to
comply with the following notice requirements at the commencement of any Tenancy:
(1) On or before the date of commencement of a Tenancy, the Landlord must give the
Tenant/Mobilehomc Owner/Resident a written notice in a form prescribed by the Rent Board
which must include the following information:
(A) The existence and scope of this Chapter; and
(B) The Tenant's/Mobilehome Owner's/Resident's right to Petition and organize against certain
Rent increases.
(2) The Landlord must give the initial notice to the Tenant/Mobilehome Owner/Resident in the
language that the Landlord and Tenant/Resident/Mobilehome Owner used to negotiate the terms
of the tenancy (i.e., English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.)
SECTION 8 RENT INCREASES PURSUANT TO ANNUAL RENT ADJUSTMENT
Annual General Adjustment. No later than June 30th each year, beginning with the year 2022,
the Rent Board shall announce the amount of the Annual General Adjustment, which shall be
effective as of September Ist of that year. The Annual General Adjustment is the percentage by
which the Rent for existing tenancies in Covered Rental Units may be increased each year,
subject to the limitations of this Chapter.
(1) The Annual General Adjustment shall be equal to eighty percent (80%) of the percentage
increase in the Consumer Price Index (CPI) (All Items, All Urban Consumers for Los
Angeles -Long Beach -Anaheim, California area, or any successor designation of that index that
may later be adopted by the U.S. Bureau of Labor Statistics) as reported and published by the
U.S. Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending as of
March of the current year. The Annual General Adjustment shall be rounded to the nearest
one -quarter of a percent. The first Annual General Adjustment shall be in accordance with
Subparagraph 6 of this section.
(2) Rent Increases Generally. Floor and Ceiling.
Subparagraph 1 of this subsection notwithstanding, a Landlord may impose an annual Rent
increase for any Covered Rental Unit or Mobilehome, as allowed in this Section, only after
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providing at least thirty (30) days' written notice to the Tenant of the Rent Increase pursuant to
California Civil Code section 827, as may be amended. A Landlord may not impose an annual
Rent Increase, unless the Covered Rental Unit or Mobilehome is registered with the Rent Board
and not delinquent in registration payments pursuant to Rent Board regulations. This Section
shall limit annual Rent as follows:
A. If the change in CPI is three percent (3%), or higher, the annual maximum allowable
Rent Increase will be equivalent to 80% of the percentage increase in CPI or three
percent (3%), whichever is lower;
B. If the change in CPI is between one percent (1%) and three percent (3%), the
maximum allowable Rent increase will be equal to 80% of the percentage increase in
CPI.
C. If the change in CPI is negative, no rent increase is permitted.
D. Where a Tenant, Mobilehome Owner, or Resident has already paid Rent in excess of
three percent (3%) above the Rent charged on February 25, 2020, the Landlord shall
credit the Tenant, Mobilehome Owner, or Resident the balance of the overpayment. The
Landlord may either: (a) pay the Tenant, Mobilehome Owner, or Resident the balance of
the overpayment directly in one lump sum, or (b) give the Tenant, Mobilehome Owner, or
Resident a credit against the Rent otherwise due from the Tenant, Mobilehome Owner, or
Resident to the Landlord over a six-month period. For any Covered Rental Unit or
Mobilehome where the Landlord has not increased the Rent for a particular Tenant,
Mobilehome Owner, or Resident by the maximum allowable rate of three percent (3%) of
the Rent charged on February 25, 2020, the Landlord may only increase the Rent for that
particular Tenant, Mobilehome Owner, or Resident, following the effective date of this
Ordinance by an amount that when added to the amount of any Rent increase noticed on
or after February 25, 2020, does not exceed three (3%) of the monthly Rent charged on
February 25, 2020, or of the initial Rent charged, if the tenancy began after February 25,
2020.
(3) No Banking, A Landlord who refrains from imposing an annual rent increase or any portion
thereof may not accumulate said increase and impose that amount on the Tenant's/Resident's
subsequent rent increase anniversary dates.
(4) One Rent Increase Per Year. No more than one rent increase may be imposed on a Tenant
household in any twelve-month period following the effective date of the Ordinance.
(5) Postine. As soon as the Landlord is aware of the maximum allowable rent as posted by the
Rent Board, the Landlord shall post it for each Covered Rental Unit or Rental Unit/Dwelling, or
Mobilehome space.
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(6) Notice of Rent Increase Required. Allowable rent increases pursuant to the Annual General
Adjustment shall become effective only after the Landlord provides written notice to the
Tenant/Resident/Mobilehome Owner in the manner prescribed by law.
(7) Notice Required to Increase Rent or Change Other Terms of Tenancy. As part of any
notice to increase Rent or change any terms of tenancy, a Landlord must include:
A. Notice of the existence of this Article; and
B. The right to Petition against any rent increase in excess of the Annual Rent
Adjustment unless such rent increase is pursuant to an approved Petition.
C. No Rent Increase shall take effect until the requirements of this subsection have been
met.
(8) Conditions Under Which Rent Increase Not Effective. No rent increase shall be effective
if the Landlord:
A. Has failed to substantially comply with all provisions of this Article and all rules and
regulations promulgated by the Board, including but not limited to the failure to provide
notices as required by Section 9; or
B. Has failed to maintain the Rental Unit in compliance with California Civil Code
Sections 1941.1 et seq. and California Health and Safety Code Sections 17920.3 and
17920.10; or
C. Has failed to make repairs ordered by a Hearing Officer, the Board, or the City.
(9) Notices of Rent Increase. Landlords of Covered Rental Units and Mobilehome Parks, as
defined in Section 3, subdivisions (f) and (t), under this Chapter, excepting those that are exempt
pursuant to Rent Board regulation, or are described in Section 4, subdivision (a), and Section 5
of this Ordinance, shall file with the Rent Board within ten (10) business days after the Landlord
has served a Tenant/Resident/Mobilehome Owner with a notice of a rent increase, a copy of such
notice with a proof of service, including time and date of service, using, absent extraordinary
circumstances, the appropriate method of filing notification to be determined by the Rent Board,
via regulation. If a Landlord fails to file the notice of rent increase and corresponding proof of
service with the Rent Board as provided for in this Section, the rent increase shall be deemed null
and void.
(10) Security Deposits.
(A) Security Deposit Cannot be Increased During the Tenancy.
(B) At the inception of a Tenancy at a Covered Rental Unit, Rental Unit/Dwelling, or
Mobilehome, a Landlord may set the security deposit in accordance with California Civil
Code section 1950.5, et seq., as amended. However, where a Landlord demands, accepts,
or retains any payment as a security deposit within the meaning of California Civil Code
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section 1950.5, et seq., as amended, the security deposit shall not be increased during the
tenancy.
(C) Notwithstanding Section 10, subdivision (B) where a pet is not a service animal or
assistance animal, which includes emotional support animals, and where pets prohibited
or limited under the Rental Housing Agreement, a landlord may file a petition for an
upward increase of the security deposit if the tenant provides written consent to the
security deposit increase in exchange for being allowed to have pet or pets. If an increase
in the security deposit is granted, in no event shall the total security deposit exceed the
limitations provided in Civil Code Section 1950.5, et seq., as amended. Nothing in this
section shall abrogate any rights afforded by Local, State, or Federal law, including but
not limited to, the Fair Housing Act and California Fair Employment and Housing Act.
(11) Security Deposit as Rent Overcharges.
(A) Section 3, subdivision (ii) defines security deposit as Rent. Where a Landlord or Park
Owner has demanded, accepted, increased, or retained a security deposit, in violation of
this Section, there exists a Rent Increase. A Tenant/Resident/Mobilehome Owner may
file a petition for Rent overcharges with the Rent Board.
(B) California Civil Code section 1950.5 et seq., as amended, establishes a Landlord's
obligation to return a security deposit. Where a Landlord retains a security deposit in
violation of California Civil Code section 1950.5 et seq., as amended, such an act shall
constitute a Rent overcharge and a Tenant may bring a petition for Rent overcharges
pursuant to Sections 13 and 14, with the Rent Board.
SECTION 9 INITIAL RENTS FOR NEW TENANCIES
(a) Setting of Initial Rents Without Restriction. To the extent required by state law, Landlords
may set the initial Rent for new Tenant without regulation by this Chapter.
(b) Restrictions on Initial Rent for New Tenancies. To the maximum extent permitted by state
law, the initial Rent for new tenancies shall be subject to the restrictions of this Chapter. The
Rent Board shall issue rules and regulations to govern the restrictions on the initial Rent for new
tenancies where such restrictions are permitted by state law. However, in the case of
Mobilehomes, a Park Owner is prohibited from raising Rent upon re -rental or re -lease of a
Mobilehome on -site to a Prospective Mobilehome Owner/or current Mobilehome Owner. This
includes Mobilehome spaces that are New Construction as defined in Civil Code section 798.7,
or as exempted in accordance with Civil Code section 798.45.
(c) Rent Increases After Setting an Initial Rent. After the Landlord sets an initial Rent
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pursuant to this section, the Landlord may only increase the Rent in accordance with this
Chapter. The Landlord may not increase Rent based on cost increases, capital improvements, or
other circumstances that arose before the new Tenancy began.
SECTION 10 NOTICE OF RIGHTS UNDER THIS CHAPTER
In addition to all other notice requirements specified elsewhere in this Chapter, the Landlord of
any Covered Rental Unit or Rental Unit/Dwelling, is required to provide written notice to
Tenants/Residents/Mobilehome Owners of their rights under this Chapter as follows:
(a) Contents of Notice. The notice required by this Section must be on a form prescribed by the
Board and include at least the following information:
(1) The existence and scope of this Article;
(2) Tenant(s)'/Resident(s)'/Mobilehome Owner(s)'right to Petition, including a
description of the bases on which a Tenant/Resident/Mobilehome Owner may file a
Petition; and
(3) Where applicable, information about the applicability of the Ellis Act to the
Tenant(s)' Tenancy; and
(4) Tenant(s)'/Resident(s)'/Mobilehome Owner(s)' right to Relocation Assistance.
(b) Notice Required for Change in Terms of Tenancy. The Landlord must provide
Tenant/Resident with the notice upon serving any notice of rent increase or any other notice of
change in terms of Tenancy.
(c) Notice Required at Commencement of New Tenancy. The Landlord must provide the
notice on or before the commencement of all tenancies initiated after the effective date of this
Article.
(d) Language of Notice. The Landlord must give the notice to the Tenant/Resident or
Mobilehome Owner in the language that was used to negotiate the terms of the Tenancy (i.e.,
English, Spanish, Chinese, Korean, Vietnamese, and Tagalog.)
SECTION 11 TENANT BUYOUT NOTIFICATION PROGRAM
(a) Purpose. The Tenant Buyout Notification Program provides for regulation, monitoring and
enforcement of voluntary vacancies of Covered Rental Units, or Rental Unit/Dwelling subject to
this Chapter occurring pursuant to a Buyout Agreement. To promote fairness during buyout
negotiations and agreements, this section requires Tenants/Residents be informed of their rights
under this Chapter before executing a Buyout Agreement. The Rent Board may promulgate
regulations to implement this section.
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(b) Disclosure Notice. Before entering into Buyout Negotiations or making a Buyout Offer, the
Landlord shall provide the Tenant(s)/Resident(s) with a notice that shall be written in the primary
language of the Tenant/Resident (e.g., English, Spanish, Chinese, Tagalog, Vietnamese, and
Korean) on a form prepared and authorized by the Rent Board, which shall be dated and signed
by the Landlord and the Tenant(s)/Resident(s). The written disclosure, on a form developed and
authorized by the Rent Board, shall include the following:
(1) A statement that the Tenant/Resident has a right not to enter into a Buyout Agreement
or Buyout Negotiations;
(2) A statement that the Tenant/Resident may choose to consult with an attorney before
entering into a Buyout Agreement or Buyout Negotiations;
(3) A statement that the Tenant/Resident may rescind the Buyout Agreement for up to 45
days after the Buyout Agreement is fully executed;
(4) A statement that the Tenant/Resident may visit the Rent Board for information about
other Buyout Agreements in the Tenant's neighborhood;
(5) A list of Tenants'/Residents' rights organizations and their contact information;
(6) A statement that information about Tenants'/Residents' rights is available with the
Rent Board, through its counseling telephone number, and on its website;
(7) If the Landlord is an entity, the names of all people within that entity who will be
conducting the Buyout Negotiations, as well as the names of all people within that entity
who will have decision -making authority over the terms of the Buyout Agreement;
(8) Any other information required by the Rent Board consistent with the purposes and
provisions of this Section;
(9) A space for the Tenant/Resident to sign and write the date the landlord provided the
tenant with the disclosure; and
(10) Information provided by the Mayor's Office regarding the impact of the buyout on
the tenant's eligibility for the City's affordable housing programs.
The Landlord shall retain a copy of each signed disclosure form for five years, along with a
record of the date the landlord provided the disclosure to each tenant and the method of service
that the Landlord used (regular mail, electronic mail, hand delivery, etc.)
(c) Notification of the Rent Board. After providing the disclosures required by section (b) and
before commencing Buyout Negotiations, the Landlord shall file a declaration executed under
penalty of perjury with the Rent Board, on a form prepared by the Rent Board that provides the
following information:
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(1) The Landlord's name, business address, business email address, and business
telephone number;
(2) The name of each Tenant/Resident (if known) with whom the landlord intends to
enter into Buyout Negotiations;
(3) The address of the Covered Rental Unit that may be the subject of the Buyout
Negotiations, along with the Assessor's Parcel Number (lot and block) of the building
where the Covered Rental Unit is located; and
(4) The date the Landlord provided each Tenant/Resident with the disclosure required by
section (b), and the method of service that the landlord used.
The Rent Board shall make the information included on this form publicly available, except that
the Rent Board shall redact all information regarding the identity of the Tenants/Residents.
(d) Requirements for Buyout Agreements. Every Buyout Agreement shall:
(1) Be in writing. The Buyout Agreement may be executed no sooner than 30 days after
Buyout Negotiations commence. The Landlord shall give each Tenant/Resident a copy of
the Buyout Agreement at the time the tenant executes the Buyout Agreement.
(2) Include the following statement in bold letters in a size equal to at least 14-point type in
close proximity to the space reserved for signature of the Tenant(s)/Resident(s). "You, the
Tenant/Resident, may cancel this Buyout Agreement at any time on or before the 45th
day after all parties have signed this Buyout Agreement. To cancel this Buyout
Agreement, mail or deliver a signed and dated notice stating that you, the
Tenant/Resident, are cancelling this Buyout Agreement, or words of similar effect. The
notice shall be sent to: (Name of Landlord) at (Address of
Landlord). If you do not cancel this Buyout Agreement by the 45th day after all parties
have signed the Buyout Agreement, the landlord will be required to file a copy of the
Buyout Agreement with the Rent Board no later than the 59th day after all parties signed
the Buyout Agreement. If the Landlord does not file the Buyout Agreement by the 59th
day, you may file a copy, and you shall also have the option to void any language in the
Buyout Agreement in which you have waived your rights or released claims. Any
provision of this Buyout Agreement that purports to excuse the Landlord from filing the
Buyout Agreement by the 59th day, or that purports to limit, restrict, or prevent you from
filing a copy or exercising these options if the landlord has not filed by the 59th day, shall
be void and unenforceable." Immediately after this statement, there shall be a line for
each tenant to affix his or her initials.
(3) A Buyout Agreement that does not satisfy all of the requirements of this subsection shall
not be effective and may be rescinded by the Tenant/Resident at any time. A Buyout
Agreement that does not include the initials of each Tenant/Resident next to each of the
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statements described in subsection (d)(2), shall not be effective and may be rescinded by
the Tenant/Resident at any time.
(e) Rescission of Buyout Agreements. A Tenant/Resident shall have the right to rescind a
Buyout Agreement for up to and including 45 days after its execution by all parties. To rescind a
Buyout Agreement under this subsection, the tenant must, on or before the 45th day following
the execution of the Buyout Agreement by all parties, hand deliver, email, or place in the mail a
statement to the Landlord indicating that the Tenant/Resident has rescinded the Buyout
Agreement.
(f) Filing of Buyout Agreements. The Landlord shall file a copy of the Buyout Agreement with
the Rent Board no sooner than the 46th day after all parties execute the Buyout Agreement, and
no later than 59 days after the Buyout Agreement is executed by all parties. After the 59th day,
either the Landlord or the Tenant/Resident may file a copy of the Buyout Agreement. However,
regardless of whether any party files the Buyut Agreement after the 59th day, if the Landlord has
not filed a copy by the 59th day, any provision of the Buyout Agreement in which the
Tenant/Resident waived their rights or released claims shall not be effective and shall be void at
the option of the Tenant/Resident and the Tenant/Resident shall be entitled to all remedies
authorized by law; provided, however, that said remedies shall not include the displacement of a
subsequent Tenant/Resident in the Covered Rental Unit.
(g) Posting of Buyout Agreements. The Rent Board shall create a searchable database with
information received from filings under subsection (f). The database shall be accessible to the
public at the Rent Board and shall include a copy of all filings received under subsection (f).
Before posting a copy of any filing received under subsection (f) on its database, the Rent Board
shall redact all information regarding the identity of the Tenants/Residents. The party who filed
the Buyout Agreement shall inform the Rent Board whether the Buyout Agreement concerned an
unlawful detainer action. If so, the Rent Board shall also redact from the posted Buyout
Agreement any information concerning the unlawful detainer action that may be confidential
under California Code of Civil Procedure section 1161.2.
(h) Affirmative Defense. A violation of this section may be asserted as an affirmative defense
in an unlawful detainer action.
(i) Private Right of Action. A Tenant may bring a private right of action against a Landlord
who violates a provision of this section and recover damages and a penalty of $1,000.
SECTION 12 Santa Ana Rent Board
(a) Composition. There shall be an appointed Santa Ana Rent Board comprised of City
residents as set forth in this Section. The Rent Board shall consist of seven (7) members
appointed by the City Council. Membership of the Rent Board shall consist of at least four (4)
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members who are Tenants/Mobilehome Owners/Residents as those terms are defined under this
Chapter; at least two (2) members of the community who neither own nor manage a Rental Unit
or Property as that term is defined under this Chapter; (1) member who is either a Landlord or
manages a Rental Unit or Property as that term is defined under this Chapter, but no more than
two (2) Landlords or persons who manage a Rental Unit, Dwelling or Property, shall sit on the
Rent Board at any given time. The City Council shall take steps to ensure that the makeup of the
Rent reflects the population of the City of Santa Ana regarding racial, gender, and
socioeconomic diversity.
(b) Eligibility and Appointment. The City Council shall appoint Members to the Rent Board at
a public meeting. The City Council shall make documentation regarding eligibility and
appointment publicly available. Members who have lived in the City for at least thirty (30) days
and who are between the ages of 16 to 70 years of age are eligible to serve as members of the
Rent Board. In the case of youth who seek to apply to the Rent Board, they shall be enrolled and
attending school, as well as be a resident of the City of Santa Ana. All prospective members
under the age of 18 shall provide written proof of parental or guardian permission to qualify for
appointment. Should any member cease to reside within the City of Santa Ana, cease to be a
student enrolled and attending a school, or exceed the age limit for their respective class of
membership, his/her office shall automatically be vacated. Applicants for membership on the
Board shall submit an application to the City Council. The application shall include a statement
under penalty of perjury of the applicant's interest and dealings in real property, including, but
not limited to, ownership, trusteeship, sale, or management, or investment in and association
with partnerships, corporations, joint ventures, syndicates engaged in ownership, sale, or
management of real property during the three years immediately before the applicant's
application.
(c) Initial Board Appointed. Upon adoption of this Article, the City Council shall empanel a
seven (7) member Board, with each Councilmember appointing one Board member.
(d) Term of Office. Rent Board members shall serve terms of four (4) years. Rent Board
members shall serve a maximum of two full terms, provided that where a member of the City
Council is replaced either via a duly noticed and held election, or due to removal, the newly
elected or replacement City Council member shall either retain the existing Rent Board member
for his or her district, or appoint another Rent Board Member to serve out the remainder of the
term of the Rent Board member he or she replaces.
(e) Vacancies. If a vacancy occurs on the Rent Board, a person qualified to fill such a vacancy
shall be appointed by the City Council in accordance with this Chapter.
(f) Powers and Duties. The Rent Board shall have the following powers and duties:
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(1) Set Rents at fair and equitable levels to achieve the purposes of this Chapter.
Notwithstanding any other provision of this Chapter, the Rent Board shall have the
authority to adopt regulations authorizing Rent increases and/or adjustments required by
state or federal law.
(2) Establish rules and regulations for administration and enforcement of this Chapter,
including rules and regulations for absenteeism and recommendations to the City Council
for removal from the Rent Board, if warranted.
(3) Determine and publicize the Annual General Adjustment pursuant to this Chapter.
(4) Establish qualifications and provide training for Hearing Officers who will conduct
hearings on matters arising from disputes concerning the provisions of this Chapter.
(5) Appoint Hearing Officers to conduct hearings on Petitions for Individual Rent
Adjustment pursuant to this Chapter.
(6) Adjudicate Petitions pursuant to this Chapter and issue decisions with orders for
appropriate relief pursuant to this Chapter.
(7) Establish procedures and timelines for hearings on Petitions, including determining
the timelines and procedures for appeals to the Rent Board.
(8) Administer oaths and affirmations and subpoena witnesses and relevant documents.
(9) Establish a budget for the reasonable and necessary implementation of the provisions
of this Chapter, including without limitation the hiring of necessary staff, and charge fees
as set forth herein in an amount sufficient to support that budget. The budget may include
expenditures to advance the policies herein.
(10) Hold public hearings and receive public comment.
(11) Conduct studies, surveys, investigations, and hearings, and obtain information to
further the purposes of this Chapter.
(12) Report annually to the City Council on the status of Rental Units subject to this
Chapter. Reports shall be made available to the public and include, but not be limited to:
(a) a summary of the numbers of Written Notices to Cease served pursuant to this
Chapter, including the bases upon which they were served,
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(b) a summary of any and all Petitions submitted to and/or decided by a Hearing
Officer and/or the Rent Board pursuant to this Chapter, including the bases on
which the Petitions were submitted and the determinations on the Petitions,
(c) a summary of all evictions pursuant to Section 6, and
(d) Buyout Agreements pursuant to Section 11.
(13) Publicize through reasonable and appropriate means the provisions of this Chapter,
including without limitation the rights and responsibilities of Landlords and
Tenants/Residents, and where applicable, Mobilehome Owners.
(14) Establish a schedule of penalties that may be imposed for noncompliance with this
Chapter or with rules and regulations promulgated under this Chapter.
(15) Pursue civil remedies as provided by this Chapter in courts of appropriate
jurisdiction.
(16) Intervene as an interested parry in any litigation brought before a court of
appropriate jurisdiction by a Landlord or Tenant with respect to Rental Units subject to
this Chapter.
(17) Any other duties necessary to administer and enforce this Chapter.
(g) Rules and Regulations. The Rent Board shall issue and follow such rules and regulations as
will further the purposes of the Chapter.
(h) Meetings. The Rent Board shall hold regularly scheduled meetings as necessary to ensure the
performance of its duties under this Chapter. All regular and special meetings shall be called and
conducted in accordance with state law.
(i) Quorum. Four (4) Board Members shall constitute a quorum for the Rent Board.
0) Voting. The affirmative vote of four (4) Board Members of the Rent Board is required for a
decision, including on all motions, regulations, and orders of the Rent Board.
(k) Compensation. Notwithstanding Section 2-325 of Article IV of the Santa Ana City Charter
and Municipal Code, each Board Member shall receive for every meeting attended fifty dollars
($50.00), plus twenty dollars ($20.00) per month, for an auto allowance. In no event shall any
Commissioner receive in any twelve (12) month period more than three thousand six hundred
dollars ($3,600.00) for services rendered. The City Council may from time -to -time, increase the
Rent Board's compensation.
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(1) Financing. The Rent Board shall finance its reasonable and necessary expenses, including
without limitation and engage any staff as necessary to ensure implementation of this Chapter.
The Rent Board shall accomplish this by charging Landlords an annual Rental Housing Fee as
set forth herein, in amounts deemed reasonable by the Rent Board in accordance with applicable
law, which shall not exceed the reasonable expenses for financing the Rent Board, as approved
and authorized by the City Council. The Rent Board is also empowered to request and receive
funding when and if necessary from any available source including the City for its reasonable
and necessary expenses.
(1) Rental Housing Fee. All Landlords shall pay a Rental Housing Fee on an annual
basis. The first Rent Board convened after the effective date of this Chapter shall
determine the amount of the Rental Housing Fee. The amount of the Rental Housing Fee
may differ between Covered Rental Units or Rental Units/Dwelling subject to the entirety
of this Chapter and those that are partially exempt. Following a duly noticed public
hearing, the Rent Board may adjust the amount of the Rental Housing Fee to ensure full
funding of its reasonable and necessary expenses, in accordance with all applicable law.
(2) City to Advance Initial Funds. During the initial implementation of this Chapter, the
City shall advance all necessary funds to ensure the effective implementation of this
Chapter, until the Rent Board has collected Rental Housing Fees sufficient to support the
implementation of this Chapter. The City may seek a reimbursement of any advanced
funds from the Rent Board after the Rental Housing Fee has been collected.
(m) Registration. Within thirty (30) days, after the initial Rent Board meeting, the Rent Board
shall require the registration of a Covered Rental Unit/Mobilehome, which shall be re -registered
annually, at all times deemed appropriate by the Board. The initial registration shall include the
Rent in effect on February 25, 2020, the date of the adoption of the Ordinance codified in this
Chapter, the address of the Covered Rental Unit/Mobilehome, the name and address of the
Landlord, the housing services provided to the Covered Rental Unit/Mobilehome, and any other
information deemed relevant by the Rent Board. If the Landlord has willfully and knowingly
failed to register a Covered Rental Unit/Mobilehome, the Rent Board may authorize the Tenant/
Mobilehome Owner/ Resident of such a non -registered Covered Rental Unit/Mobilehome to
withhold all or a portion of the Rent for the Covered Rental Unit/Mobilehome until the Covered
Rental Unit/Mobilehome is properly registered. After a Covered Rental Unit/Mobilehome is
properly registered, the Rent Board and/or a hearing examiner shall determine what portion of
the withheld Rent is owed to the Landlord for the period when the Covered Rental
Unit/Mobilehome was not properly registered. Whether or not the Rent Board allows such
withholding, no Landlord who has failed to register properly shall at any time increase rents for
Covered Rental Units/Mobilehomes until such spaces are properly registered.
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(n) Integrity and Autonomy of Rent Board. The Rent Board shall be an integral part of the
government of the City, but shall exercise its powers and duties under this Chapter independent
from the City Council, City Manager, and City Attorney, except by request of the City Council.
The Rent Board may request the services of the City Attorney, who shall provide them pursuant
to the lawful duties of the office in Article VII of the Santa Ana City Charter and Municipal
Code.
(o) Conforming Regulations. If a court of competent jurisdiction declares as invalid or
unenforceable any portion of this Chapter, or state or federal legislation renders any portion of
this Chapter invalid or unenforceable, the Rent Board and not the City Council shall have
authority to enact replacement regulations consistent with the intent and purpose of the
invalidated provision and applicable law. Such replacement regulations shall supersede
invalidated or unenforceable provisions of this Chapter to the extent necessary to resolve any
inconsistency. The subject matter of such replacement regulations shall be limited to the matters
addressed in this Chapter.
(p) Designation of Replacement Rent Board. In the event the establishment of the Board
under this section is determined to be invalid for any reason by a court of competent jurisdiction,
the City Council shall designate one or more agencies, departments, Rental Boards, or
commissions, including but not limited to, the Community Development Commission within the
City of Santa Ana, to perform the duties of the Rent Board prescribed by this Chapter.
(q) Conflict of Interest. The Rent Board shall not necessarily disqualify elected Rent Board
Members from exercising any of their powers and duties on the grounds of a conflict of interest
solely based on their status as a Landlord, realtor, developer, or Tenant, Resident, or Mobilehome
Owner. However, the Rent Board shall disqualify a Member from ruling on a Petition either if
the Board Member is the Landlord of the Property or a Tenant, Resident, or Mobilehome Owner
residing in the Property that is involved in the Petition. The provisions of the Political Reform
Act, California Government Code Sections 87100 et seq., as well as the Conflict of Interest
Provisions under Santa Ana Municipal Code and Chapter, Article II, Section 2-156, shall also
apply.
(r) Interim Authority for Implementation. During the time from the effective date of this
Chapter until the election of the Board Members and establishment of the Rent Board, the City
Council shall enforce the terms of this Chapter, assuming the powers and duties of the Rent
Board on an interim basis and making available public guidance to those affected by its
provisions.
SECTION 13 PETITIONS FOR INDIVIDUAL RENT ADJUSTMENT- BASES
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A Landlord or a Tenant/Mobilehome Owner/Resident may file a Petition with the Rent Board
seeking adjustment, either upward or downward, of the Rent for any given tenancy in accordance
with the standards set forth in this section, and using the procedures set forth in Section 14 herein
and implementing regulations. A Petition shall be on a form provided by the Rent Board and, if
made by the Landlord, shall include a declaration by the Landlord that the Covered Rental Unit,
or Mobilehome Park, if applicable, complies with all requirements of this Chapter.
(a) Petition for Upward Adjustment — Fair Return. To effectuate the purposes of this Chapter
and the requirements of law, a Landlord may file a Petition for an upward adjustment of the Rent
to ensure a Fair Return. It is the intent of this Chapter that individual upward adjustments in Rent
be granted only when the Landlord demonstrates that such adjustments are necessary to provide
the Landlord with a Fair Return. The Rent Board may promulgate regulations to review Petitions
filed pursuant to this subsection in accordance with law and the purposes of this Chapter.
(1) Prerequisites. No upward adjustment of Rent shall be authorized by a Hearing
Officer or the Rent Board under this subsection if the Landlord:
(A) Has continued to fail to comply, after order of the Rent Board or other
authority, with any provisions of this Chapter or orders or regulations issued
thereunder; or
(B) Has failed to maintain the Covered Rental Unit/Mobilehome Park in
compliance with California Civil Code Sections 798 et seq., 1941.1 et seq. and
California Health and Safety Code Sections 17920.3 and 17920.10, as may be
amended.
(b) Fair Return Standard.
(1) Presumption of Fair Base Year Net Operating Income. It shall be presumed that
the net operating income received by the Landlord in the base year provided a fair return.
(2) Fair Return. A Landlord has the right to obtain a net operating income equal to the
base year net operating income adjusted by eighty percent (80%) of the Consumer Price
Index (CPI), as defined in this Section herein, since the base year. It shall be presumed
this standard provides a fair return. The Base Year CPI shall be the annual CPI for
calendar year 2020. The "current year" CPI shall be the annual CPI for calendar year
preceding the calendar year the application is filed.
(3) Base Year.
(A) For the purposes of making fair return determinations pursuant to this section,
the base year means the 2020 calendar year.
(B) In the event that a determination of the allowable Rent is made pursuant to
this section, if a subsequent petition is filed, the base year shall be the year that
was considered as the "current year" in the prior petition.
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(4) Adjustment of Base Year Net Operating Income. The Rent Board will grant an
adjustment of the Base Year, if the Landlord can demonstrate no fair return in the Base
Year as set forth in this section based on at least one of the following findings:
(A) Exceptional Expenses in the Base Year. The Landlord's operating expenses
in the base year were unusually high or low in comparison to other years. In such
instances, adjustments may be made in calculating operating expenses so the base
year operating expenses reflect average expenses for the Covered Rental
Unit/Mobilehome Park over a reasonable period. The following factors shall be
considered in making such a finding:
(i) Extraordinary amounts were expended for necessary maintenance and
repairs.
(ii) Maintenance and repair was below accepted standards to cause
significant deterioration in the quality of services provided.
(iii) Other expenses were unreasonably high or low notwithstanding the
application of prudent business practices.
(B) Exceptional Circumstances in the Base Year. The gross income during the
base year was disproportionately low due to exceptional circumstances. In such
instances, adjustments may be made in calculating base year gross rental income
consistent with the purposes of this Chapter. The following factors shall be
considered in making such a finding:
(i) If the gross income during the base year was lower than it might have
been because some residents were charged reduced Rent.
(ii) If the gross income during the base year was significantly lower than
normal because of the destruction of the premises and/or temporary
eviction for construction or repairs.
(iii) The pattern of Rent increases in the years prior to the base year and
whether those increases reflected increases in the CPI.
(iv) Base period Rents were disproportionately low in comparison to the
base period Rents of other Rental Units in the City.
(v) Other exceptional circumstances.
(5) Calculation of Net Operating Income.
(A) Net Operating Income. Net operating income shall be calculated by
subtracting operating expenses from gross rental income.
(B) Gross Rental Income.
(i) Gross rental income shall include:
(I) Gross rents calculated as gross rental income at one hundred
percent occupancy, adjusted for uncollected Rents due to vacancy
and bad debts to the extent such vacancies or bad debt are beyond
the control of the Landlord. Uncollected Rents in excess of three
percent (3%) of gross rent shall be presumed to be unreasonable
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unless established otherwise by the Landlord and shall not be
included in computing gross income.
(II) All other income or consideration received or receivable in
connection with the use or occupancy of the Rental Unit, except as
provided in Clause (ii) of this section.
(ii) Gross rental income shall not include:
(I) Utility Charges for charges for sub -metered gas, electricity or
water.
(II) Charges for refuse disposal, sewer service, and, or other
services which are either provided and solely on a cost pass -through basis
and/or are regulated by state or local law.
(III) Charges for laundry services.
(IV) Storage charges.
(6) Operating Expenses.
(A) Included in Operating Expenses. Operating expenses shall include the
following:
(i) Reasonable costs of operation and maintenance.
(ii) Management Expenses. It shall be presumed that management
expenses have increased by the percentage increase in Rents or the CPI,
whichever is greater, between the base year and the current year unless the
level of management services has either increased or decreased
significantly between the base year and the current year.
(iii) Utility Costs. Utility Costs except utility where the consideration of
the income associated with the provision of the utility service is regulated
by state law and consideration of the costs associated with the provision of
the utility service is preempted by state law.
(iv) Real Property Taxes. Property taxes are an allowable expense, subject
to the limitation that property taxes attributable to an assessment in a year
other than the base year or current year shall not be considered in
calculating base year and/or current year operating expenses.
(v) License and registration fees. License and registration fees required by
law to the extent these expenses are not otherwise paid or reimbursed by
Tenants.
(vi) Landlord -performed labor. Landlord -performed labor compensated at
reasonable hourly rates. However, no landlord -performed labor shall be
included as an operating expense unless the Landlord submits
documentation showing the date, time, and nature of the work performed.
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There shall be a maximum allowed under this provision of five percent
(5%) of gross income unless the Landlord shows greater services were
performed for the benefit of the residents.
(vii) Costs of Capital Replacements. Costs of capital replacements plus an
interest allowance to cover the amortization of those costs where all of the
following conditions are met:
(I) The costs, less any insurance proceeds or other applicable
recovery, are averaged on a per unit basis for each Rental Unit
actually benefited by the improvement.
(II) The costs are amortized over a period of not less than thirty-six
months.
(III) The costs do not include any additional costs incurred for
property damage or deterioration that result from any unreasonable
delay in undertaking or completing any repair or improvement.
(IV) The costs do not include costs incurred to bring the Covered
Rental Unit/Mobilehome Park into compliance with a provision of
the Santa Ana Municipal Code or state law where the original
installation of the improvement did not comply with code
requirements.
(V) At the end of the amortization period, the allowable monthly
Rent is decreased by any amount it was increased because of the
application of this provision.
(VI) The amortization period shall be in conformance with a
schedule adopted by the Rent Board unless it is determined that an
alternate period is justified based on the evidence presented in the
hearing.
(viii) Legal Expenses. Attorneys' fees and costs incurred in connection
with successful good faith attempts to recover Rents owing, successful
good faith unlawful detainer actions not in derogation of applicable law,
and legal expenses necessarily incurred in dealings with respect to the
normal operation of the Property. Reasonable fees, expenses, and other
costs incurred in the course of successfully pursuing rights under or in
relationship to this Chapter and regulations adopted pursuant to the
Chapter including costs incurred in the course of pursuing successful
Petitions. Said expenses shall be amortized over a five-year period, unless
the Rent Board concludes that a different period is more reasonable.
Allowable legal expenses which are of a nature that does not recur
annually shall be amortized over a reasonable period of time. At the end of
the amortization period, the allowable monthly Rent shall be decreased by
any amount it was increased because of the application of this provision.
(ix) Interest Allowance for Expenses that are Amortized. An interest
allowance shall be allowed on the cost of amortized expenses; the
allowance shall be the interest rate on the cost of the amortized expense
equal to the "average rate" for thirty-year fixed rate on home mortgages
plus two percent. The "average rate" shall be the rate Freddie Mac last
published in its weekly Primary Mortgage Market Survey (PMMS) as of
the date of the initial submission of the petition. In the event that this rate
is no longer published, the Rent Board shall designate by regulations an
index that is most comparable to the PMMS index, which shall be used.
(B) Exclusions from Operating Expenses. Operating expenses shall not include
the following:
(i) Mortgage principal or interest payments or other debt service costs.
(ii) Any penalties, fees or interest assessed or awarded for violation of any
provision of this chapter or of any other provision of law.
(iii) Land lease expenses.
(iv) Political contributions and payments to organizations that are
substantially devoted to legislative lobbying purposes.
(v) Depreciation.
(vi) Any expenses for which the Landlord has been reimbursed by any
utility rebate or discount, Security Deposit, insurance settlement, judgment
for damages, settlement or any other method or device.
(vii) Unreasonable increases in expenses since the base year.
(viii) Expenses associated with the provision of master -metered gas and
electricity services.
(ix) Expenses which are attributable to unreasonable delays in performing
necessary maintenance or repair work or the failure to complete necessary
replacements (e.g., a roof replacement may be a reasonable expense, but if
water damage occurred as a result of unreasonable delays in repairing or
replacing the roof, it would not be reasonable to pass through the cost of
repairing the water damage).
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(C) Adjustments to Operating Expenses. Base year and/or current operating
expenses may be averaged with other expense levels for other years or amortized
or adjusted by the CPI or may otherwise be adjusted, in order to establish an
expense amount for that item which most reasonably serves the objectives of
obtaining a reasonable comparison of base year and current year expenses.
Grounds for such adjustments include, but are not limited to:
(i) An expense item for a particular year that is not representative.
(ii) The base year expense is not a reasonable projection of average past
expenditures for that item in the years immediately preceding or following
the base year.
(iii) The current year expense is not a reasonable projection of
expenditures for that item in recent years or of future expenditures for that
item.
(iv) A particular expense exceeds the normal industry or other comparable
standard for the area, the Landlord shall bear the burden of proving the
reasonableness of the expense. To the extent that it is found that the
expense is unreasonable it may be adjusted to reflect the normal industry
standard.
(v) A base year expense is exceptionally low by industry standards and/or
on an inflation adjusted basis is exceptionally low relative to current year
expenses although the level or type of service has not changed
significantly.
(vi) An increase in maintenance or management expenses is
disproportionate to the percentage increase in the CPI, while the level of
services has not changed significantly and/or is not justified by special
circumstances.
(7) Rent Increases for Periods Preceding Date that a Landlord Implemented Rent
Increases Pursuant to this Section. In the event that the period for determining the
allowable Rent increase pursuant to this section exceeds 120 days, the Landlord may
recover increases that would have been permitted if the Rent increase decision had been
made within 120 days. The allowance for these increases may be amortized or may be
factored into the prospective allowable increase in order to avoid undue hardship on the
Tenant.
(8) Assurance of a Fair Return. It shall be presumed that the MNOI standard provides a
fair return. Nothing in this Chapter shall preclude the Rent Board or Hearing Officer from
granting an increase that is necessary in order to meet constitutional fair return
requirements.
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(9) Effective Date of Individual Rent Adjustment. Rent increases authorized pursuant
to this subsection shall become effective only after the Landlord provides the Tenant
written notice of such Rent increase pursuant to state law.
(c) Petition for Downward Adjustment — Failure to Maintain Habitable Premjc c
(1) Failure to maintain a Covered Rental Unit, or Rental Unit/Dwelling, or Mobilehome
Park or common area in a Mobilehome Park in compliance with governing health and
safety and building codes, including, but not limited to, California Civil Code Sections
798 et seq., 1941.1, et seq., and California Health and Safety Code Sections 17920.3 and
17920.10, constitutes an increase in Rent. A Tenant/Mobilehome Owner/Resident may
file a Petition with the Rent Board to adjust the Rent downward based on a loss in rental
value attributable to the Landlord's failure to maintain the Rental Unit in habitable
condition.
(2) A Petition filed by a Tenant/Mobilehome Owner/Resident under this subsection must
specify the conditions alleged to constitute the failure to maintain the Covered Rental
Unit, Rental Unit/Dwelling, or Mobilehome Park in habitable condition. The Petition
must also demonstrate that the Tenant/Mobilehome Owner/Resident provided the
Landlord with reasonable notice and opportunity to correct the conditions that form the
basis for the Petition.
(d) Petition for Downward Adjustment — Decrease in Housing Services or Maintenance. A
decrease in Housing Services, Service Reduction, or maintenance, or deterioration of a Covered
Rental Unit, Rental Unit/Dwelling, or Mobilehome Park beyond ordinary wear and tear, without
a corresponding reduction in Rent, is an increase in Rent. A Tenant/Mobilehome Owner/Resident
may file a Petition to adjust the Rent downward based on a loss in rental value attributable to a
decrease in Housing Services or maintenance or deterioration of the Covered Rental
Unit/Mobilehome Park. The Petition must specify the circumstances alleged to constitute a
decrease in Housing Services or maintenance, and demonstrate that the Landlord was provided
with reasonable notice and an opportunity to correct in like manner to Petitions filed pursuant to
Subsection (c)(2) herein.
(e) Petition for Downward Adjustment — Unlawful Rent. If a Landlord demands or retains
Rent in excess of the lawful Rent pursuant to this Chapter, a Tenant/Mobilehome
Owner/Resident may file a Petition to adjust the Rent to its lawful level. If the Rent Board grants
such a Petition, the Landlord shall be ordered to return any excessive Rent charged to the
Tenant/Mobilehome Owner/Resident in violation of this Chapter.
SECTION 14 PETITIONS FOR INDIVIDUAL RENT ADJUSTMENT- PROCEDURES
The Rent Board shall promulgate regulations regarding procedures for Petitions filed under this
Chapter. The resulting regulations and the provisions of this section shall govern the Petitions
brought under this section.
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(a) Hearing Officer. A Hearing Officer appointed by the Rent Board shall conduct a hearing to
act upon the Petition, and shall have the power to administer oaths and affirmations, and to
render a final decision on the merits of the Petition, subject to the provisions of this Chapter.
(b) Notice. The Rent Board shall notify the Landlord, if the Tenant/Mobilehome
Owner/Resident, or the Tenant/Mobilehome Owner/Resident filed the Petition, if the Petition
was filed by the Landlord, of the receipt of such a Petition and provide a copy thereof.
(c) Time of Hearing. Each party to a Petition shall receive sufficient advance notice of the
bases, theories, and relevant documents to be presented by the other party(ies), and of the time,
date, and place of any hearing regarding the Petition.
(d) Developing the Record. The Hearing Officer may require either party to a Petition to
provide any books, records, and papers deemed pertinent. If the Hearing Officer finds good cause
to believe that a building or other inspection would assist in resolving the issues raised by the
Petition, the Hearing Officer may conduct an inspection and/or request the City to conduct an
inspection. The Tenant/Mobilehome Owner/Resident may request the Hearing Officer to order
such an inspection prior to the date of the hearing. All documents required under this subsection
shall be made available to the parties involved prior to the hearing. The parties to the hearing
may be present during the inspection.
(e) Open Hearings. All hearings conducted pursuant to this section shall be open to the public
unless prohibited by state or federal law.
(f) Right of Assistance. All parties to a hearing conducted pursuant to this section may have
assistance in presenting evidence and developing their position from attorneys, legal workers, or
any other persons designated by said parties.
(g) Hearing Record. The Rent Board shall make available for inspection and copying any
official record that shall constitute the exclusive record for decision on the issues at the hearing.
The record of the hearing, or any part of one, shall be obtainable for the reasonable cost of
copying, without cost. All hearings shall be audio or video recorded, as ordered by the Hearing
Officer, and any party to the Petition may receive a copy of the recording upon payment of a
reasonable cost.
(h) Quantum of Proof and Notice of Decision. No Petition for Individual Rent Adjustment,
whether upward or downward, shall be granted unless supported by the preponderance of the
evidence submitted prior to and at the hearing. All parties to a hearing shall be sent a notice of
the decision and a copy of the findings of fact and law upon which said decision is based. At the
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same time, parties to the proceeding shall also be notified of their right to appeal to the Rent
Board and/or to judicial review.
(i) Consolidation. Whether submitted by a Landlord or Tenant/Mobilehome Owner/Resident, all
Petitions pertaining to Covered Rental Units, Rental Unit/Dwelling, or Mobilehomes at the same
Property/Mobilehome Park may be consolidated for hearing upon a showing of good cause.
0) Appeal. Any person aggrieved by the decision of the Hearing Officer may appeal to the full
Rent Board for review within 30 days of the Hearing Officer's decision. On appeal, the Rent
Board shall affirm, reverse, or modify the decision of the Hearing Officer. The decision on
appeal shall be based on the hearing record, and the Rent Board may hear and/or find facts in
addition to those presented to the Hearing Officer.
(k) Finality of Decision. The decision of the Hearing Officer shall be the final decision of the
Rent Board, unless an aggrieved party has timely sought an appeal to the Rent Board. The
decision of the Rent Board on appeal shall be final unless an aggrieved party has timely sought
judicial review pursuant to law.
(1) Time for Decision. The Rent Board shall make a final decision on any Petition within a
reasonable time. Decisions decreasing Rent shall remain in effect until the Landlord has
corrected the defect warranting the decrease. The Rent Board shall by regulation, establish
procedures for making prompt compliance determinations.
(m) Fair Return Guaranteed. The Rent Board shall not apply any provision of this Chapter to
prohibit the Rent Board from granting an Individual Rent Adjustment that the Landlord
demonstrates to be necessary to provide the Landlord with a fair return.
SECTION 15 REGULATION OF LEASES IN MOBILEHOME PARKS
(INAPPLICABLE TO COVERED RENTAL UNITS, RENTAL UNITS OR DWELLING
UNITS)
State law, including the Mobilehome Residency Law at California Civil Code Section 798, et
seq., governs many aspects of agreements to rent Mobilehomes. This section supplements the
provisions of the State Mobilehome Residency Law.
A. Every Mobilehome Owner/Legal Owner and every Prospective Mobilehome Owner in a
Mobilehome Park subject to the provisions of this Chapter shall have the option to reject a Rental
Agreement offered for the lease of a Mobilehome, and to reject a Rental Agreement offered for
the lease of the site of the Mobilehome, and shall be entitled to accept a Rental Agreement for a
term of 12 months or less, including a month -to -month agreement, pursuant to the provisions of
state law and Subsection C of this Section.
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B. Neither a Mobilehome Owner/Legal Owner nor a Prospective Mobilehome Owner shall be
required to sign a lease or Rental Agreement that is exempt from the provisions of this Chapter.
Neither a Mobilehome Owner nor a Prospective Mobilehome Owner shall be required to sign a
Rental Agreement in excess of 12 months.
C. A Prospective Mobilehome Owner who rejects an offered Rental Agreement in excess of 12
months duration shall be entitled instead to accept a Rental Agreement for a term of 12 months
or less from the date the offered Rental Agreement was to have begun. Where the Prospective
Mobilehome Owner elects to have a Rental Agreement for a term of 12 months or less, including
a month -to -month Rental Agreement, the Rental Agreement shall contain the same rental
charges, terms and conditions as the rejected Rental Agreement during the first 12 months,
except for options, if any, contained in the offered Rental Agreement to extend or renew the
Rental Agreement.
D. Before any Rental Agreement in excess of 12 months is executed by a Prospective
Mobilehome Owner, the Prospective Mobilehome Owner shall: (i) be offered the option of a
Rental Agreement for a term of 12 months or less; and (ii) be informed both orally and in writing
that a lease or Rental Agreement in excess of 12 months shall not be subject to the terms and
provisions of this Chapter.
E. A notice, which conforms to the following language and printed in at least 12-point boldface
type if the Rental Agreement is printed, or in capital letters if the Rental Agreement is typed,
shall be presented to the Prospective Mobilehome Owner at the time of presentation of a Rental
Agreement creating a Tenancy with a term greater than twelve months:
IMPORTANT NOTICE TO PROSPECTIVE MOBILEHOME OWNER REGARDING THE
PROPOSED RENTAL AGREEMENT FOR . PLEASE TAKE NOTICE
THAT THIS RENTAL AGREEMENT CREATES A TENANCY WITH A TERM IN EXCESS
OF 12 MONTHS. BY SIGNING THIS RENTAL AGREEMENT, YOU ARE EXEMPTING
THIS TENANCY FROM THE PROVISIONS OF THE ORDINANCE OF THE CITY OF
SANTA ANA FOR THE TERM OF THIS RENTAL AGREEMENT. THE ORDINANCE
(SANTA ANA MUNICIPAL CODE CHAPTER XX, ARTICLE X) AND THE STATE
MOBILEHOME RESIDENCY LAW (CALIFORNIA CIVIL CODE SECTION 798, et seq.)
GIVE YOU CERTAIN RIGHTS, INCLUDING THE RIGHT TO A TENANCY OF 12
MONTHS OR LESS THAT IS NOT EXEMPT FROM THE PROVISIONS OF THE
ORDINANCE. BEFORE SIGNING THIS RENTAL AGREEMENT, YOU MAY WANT TO
SEE A LAWYER. IF YOU SIGN THE RENTAL AGREEMENT, YOU MAY CANCEL THE
RENTAL AGREEMENT BY NOTIFYING THE PARK MANAGEMENT IN WRITING OF
THE CANCELLATION WITHIN 72 HOURS OF YOUR EXECUTION OF THE
AGREEMENT. IT IS UNLAWFUL FOR A MOBILEHOME PARK OWNER OR ANY
AGENT OR REPRESENTATIVE OF THE OWNER TO DISCRIMINATE OR RETALIATE
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AGAINST YOU BECAUSE OF THE EXERCISE OF ANY RIGHTS YOU MAY HAVE
UNDER THE ORDINANCE OF THE CITY OF SANTA ANA, OR BECAUSE OF YOUR
CHOICE TO ENTER INTO A RENTAL AGREEMENT THAT IS SUBJECT TO THE
PROVISIONS OF THAT ORDINANCE.
F. The Notice described in Subsection E. of this Section shall contain a place for the Prospective
Mobilehome Owner to acknowledge receipt of the notice and shall contain an acknowledgment
signed under penalty of perjury by the person offering the Rental Agreement that the notice has
been given to the Prospective Mobilehome Owner in accordance with the previous subsection.
A copy of the notice executed by the person offering the rental agreement shall be provided to
the Prospective Mobilehome Owner.
G. A Prospective Mobilehome Owner may cancel a Mobilehome rental agreement by notifying
Management of the Park in writing of the cancellation within 72 hours of the execution of the
agreement.
H. Vacancy Control. A Park Owner is prohibited from raising Rent upon re -rental or re -lease of
a Mobilehome on -site to a Prospective Mobilehome Owner/or current Mobilehome Owner. This
includes Mobilehome spaces that are New Construction as defined in Civil Code section 798.7 or
exempted in accordance with Civil Code section 798.45.
I. Prospective Mobilehome Owner rights. Any person who is a Prospective Mobilehome Owner
as defined in Section 3, subdivision (ee), must be offered the option of renting a Mobilehome
space in a manner that will permit the Prospective Mobilehome Owner to receive the benefits of
this Chapter which includes, but it not limited to, rental of a Mobilehome space on a
month -to -month basis, and a new base Rent as set forth in Subsection (H) of this Section. Such a
person cannot be denied the option of a tenancy of twelve months or less in duration. The Park
Owner/Management shall inform the Prospective Mobilehome Owner of their options under this
clause.
Protections Regarding Mobilehome Park Change of Use
J. _Application and Relocation Impact Report. Before the Change of Use of a Mobilehome
Park, the Park Owner shall file with the Rent Board an application to convert the Mobilehome
Park. After the application has been submitted, the Park Owner shall submit within 15 calendar
days of filing the application for Change of Use, the Mobilehome Owner/Resident questionnaires
from the affected Mobilehome Park, and a relocation impact report (RIR). The application for
the Change of Use must be made simultaneously with any applications necessary to facilitate the
intended future use (e.g., subdivision, demolition, and zoning change.) The Park Owner's
application for Change of Use shall also comply with California Government Code sections
66427.4 and 65863.7, as may be amended. The Park Owner shall file this application on a form
provided by the Rent Board. The Park Owner may not post any notice or any other indicators of
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any proposed Change of Use of the Mobilehome Park until and unless (1) the Planning
Commission has approved the Park Owner's application for Change of Use and (2) the Park
Owner has signed and filed the certificate accepting the conditions of approval adopted by the
Planning Commission.
K. Mobilehome Owne Megal Owner Questionnaire A confidential Mobilehome
Owner/Resident Questionnaire shall be sent to each Mobilehome Owner/Legal Owner of the
Mobilehome Park on a form provided to the Park Owner as soon as the application for Change of
Use has been filed. The form shall require the following information for each Mobilehome space
in the Mobilehome Park:
1. The registered Mobilehome Owner and Legal Owner of the Mobilehome;
2. The identity, ages, number, and any mental or physical disability or special needs of
the Mobilehome Owner/Legal Owner occupying the Mobilehome;
3. The date of manufacture of the Mobilehome, the name of the manufacturer, the size of
the Mobilehome, the number of bedrooms in the Mobilehome, any special amenities in
the Mobilehome, including but not limited to, equipment needed because of the medical
condition, age, or disability of any Mobilehome Owner/Resident in the Mobilehome;
4. Any improvements or renovations to the Mobilehome or improvements to the
Mobilehome space made by the current Mobilehome Owner/Resident, including but not
limited to, a new roof, porches, patios, awnings, pop -out rooms, recreational equipment,
barbecue equipment, landscaping, etc., whether such improvements are moveable and the
costs of such improvements;
5. The purchase price paid by the current Mobilehome Owner/Legal Owner of the
Mobilehome and the amount and terms of any remaining mortgage or loan on the home;
6. Any special circumstances that would limit the area to which the Mobilehome
Owner/Legal Owner is able to relocate; and
7. Whether the residents receive any means -tested local, state, or federal government
benefit or qualify as extremely low-, very -low, or low- income persons or families under
the standards issued by Section 50093 of the California Health and Safety Code, as may
be amended, or other comparable federal statute or regulation.
The questionnaire shall be kept separately from the rest of the application materials and shall be
included in the RIR sent to each Mobilehome Owner/Resident and shall be included in the RIR
sent to each Mobilehome Owner/Legal Owner. The identity of each Mobilehome
Owner/Resident and his or her responses shall be kept confidential and used only to determine
the amount of relocation assistance to be provided to a particular Mobilehome Owner/Legal
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Owner. If the Park Owner fails to submit questionnaires containing sufficient information, the
Rent Board may seek the information directly from the residents.
L. Contents of the Relocation Impact Report.
The RIR shall include the following information:
1. A description of any proposed new use for the site;
2. A proposed timetable for the Change of Use of the Mobilehome Park;
3. A legal description of the Mobilehome Park slated for Change of Use;
4. The number of spaces in the Mobilehome Park slated for Change of Use; and
5. For each space in the Mobilehome Park slated for Change of Use, which shall be kept
confidential by the City of Santa Ana:
a. The size, number of bedrooms, manufacturer and date of manufacture of the
Mobilehome on the space.
b. The names and ages of the Mobilehome Owner/Resident/Legal Owner/Occupants
of the Mobilehome and their length of residency in the Mobilehome Park;
c. Any special needs or disabilities of the Mobilehome Owner/Resident/Legal
Owner/Occupant and related special equipment, modifications or improvements
to the Mobilehome known to the Park Owner;
d. The value that the Mobilehome would have if the Mobilehome Park were not
being closed, the depreciated replacement value of the Mobilehome and its value
if it is to be removed from the Mobilehome Park and cannot be relocated to a
space in a Comparable Mobilehome Park. The values of the Mobilehome may be
determined by appraisals by a qualified appraiser mutually agreed upon by the
affected Mobilehome Owner/Legal Owner/Residents/Occupants and the Park
Owner from a list of appraisers to be supplied by the Rent Board. The cost of the
appraisals shall be paid by the Park Owner;
e. Any improvements to the Mobilehome, including but not limited to, patios,
porches, pop -out rooms and any recent major improvements to the Mobilehome,
including, but not limited to, a new roof or new siding;
f. Any information available to the Park Owner concerning any
disability/disabilities or special needs of the Mobilehome Owners/Residents/Legal
Owners;
g. Two sets of mailing labels for both the Mobilehome Owner/Residents/Legal
Owners of each Mobilehome.
h. The purchase price paid for the Mobilehome Park by the Park Owner and any
amount incurred to make capital improvements to the Mobilehome Park.
i. An appraisal of the Mobilehome Park if continued in use as a Mobilehome Park
and an appraisal of the Mobilehome Park if used for the highest and best use
permitted by the zoning of the site or any new zoning being requested by the Park
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Owner, subject to the approval of the Rent Board. The cost of the appraisals shall
be paid by the Park Owner.
j. Whether the Park Owner has offered to sell the Mobilehome Park to the
Mobilehome Owners/Residents/Legal Owners and the terns of any such offer(s).
k. The purchase price of comparable Mobilehomes in Comparable Mobilehome
Parks.
1. The cost of Comparable Housing, including the purchase of comparable
condominiums and comparable Mobilehomes in a Comparable Mobilehome Park
and the cost of moving into a comparable apartment, including such items as first
and last month's rent, security deposits and higher rent or mortgage payments at
Comparable Housing.
in. A list of comparable Parks within a 50 mile radius and for each such Park, the
space rents and the qualifications for residence in each Park (e.g., age restrictions,
whether pets are allowed, whether the Park has any vacant space and will accept
homes being relocated, and if so, any restrictions, such as size or age, on the
relocated homes that would be accepted.)
n. Estimates from two moving companies approved by the Rent Board, and qualified
to move Mobilehomes on public streets and highways, of the cost of moving each
Mobilehome in the Mobilehome Park, including the cost of permits and tearing
down and setting up the Mobilehome at the new location, including the cost of
any upgrades to comply with applicable building, plumbing, electrical and health
and safety codes and the cost of moving any improvements, including, but not
limited to, patios, porches and pop -out rooms.
o. Proposed measures to mitigate the adverse impacts of the Mobilehome Park
Conversion on the Mobilehome Owners/Residents/Legal Owners/Occupants of
the Mobilehome Park. The proposed measures shall sufficiently provide a realistic
opportunity to relocate displaced residents to a comparable Mobilehome Park or
Comparable Housing, as well as properly compensate the Mobilehome
Owners/Residents/Occupants of the Mobilehome Park, if their home is not being
moved.
p. Identification of a relocation assistance specialist to assist the Mobilehome
Owners/Residents/Legal Owners/Occupants in finding and moving to relocation
spaces and Comparable Housing, The relocation specialist shall be mutually
selected by the affected Mobilehome Owners/Residents/Legal Owners/Occupants
and the Park Owner, subject to approval by the Rent Board and shall be paid by
the Park Owner. The identification of a relocation assistance specialist shall
include proposed measures to ensure that the Change of Use does not result in the
unmitigated reduction of the affordable housing stock in the City of Santa Ana.
The relocation assistance specialist shall be in charge of the following duties that
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include, but do not limit, preparing and distributing the questionnaire, notifying
residents, developing the impact report, and other duties as assigned.
M. Hearin¢ Procedures.
1. An application shall be deemed complete within 30 days unless written notice is given from
the Planning Commission specifying the information that must be supplied to make the
application complete. This information supplied to the Planning Commission may come from
individual residents or residents' association of the affected Mobilehome Park.
2. The Planning Commission, at a duly noticed public hearing, shall set a hearing on an
application within 60 days of the date the Planning Commission deems the application to be
complete.
3. 30 days before hearing, the Park Owner must verify to the Planning Commission that the
Mobilehome Owner/Legal Owner of the Mobilehomes in the Mobilehome Park have been given
the required notice of the application.
4. A copy of the RIR must be provided to residents at least 30 days before the hearing.
5. At least 30 days mailed notice of the hearing on the application shall be given to each affected
Mobilehome Owner/Legal Owner.
6. The application shall be heard by the Planning Commission for the City of Santa Ana. The
Park Owner shall pay all appropriate fees associated with the application as set by the Planning
Commission.
7. The Planning Commission shall approve the application only if the mitigation measures
proposed by the Park Owner are adequate to mitigate the adverse impacts on the displaced
Mobilehome Owner/Legal Owners, and the Planning Commission shall condition its approval of
the application on compensation for lost homes that is sufficient enough to relocate to a
comparable Mobilehome Park or Comparable Housing, including, but not limited to, the
following, provided that such conditions do not exceed the reasonable costs of relocation:
a. For Mobilehome Owners/Legal Owners whose Mobilehomes can be relocated to a
space in a Comparable Mobilehome Park:
(1) The cost of physically relocating the Mobilehome within 35 miles of the
Mobilehome Park that is closing.
(2) The cost of moving the personal property of the Mobilehome Owner/Legal
Owner in the Mobilehome.
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(3) The cost of staying overnight in a temporary lodging facility for the number of
nights required to move and set up the Mobilehome in the new Park.
(4) The costs incurred to move into the new Park, such as first and last month's
rent and security deposits.
(5) For those Mobilehome Owners/Legal Owners who qualify as extremely low-,
very -low, or low-income, as defined by California Health and Safety Code
section 50093, as may be amended, or other comparable federal statute or
regulation, or who are receiving a means -tested local, state, or federal benefit, a
lump sum based on consideration of the difference between higher rent at the new
park for one year and the Mobilehome Park that is closing.
(6) For those Mobilehome Owners/Legal Owners who are disabled, a lump sum
based on consideration of the cost of obtaining any assistance necessary to move,
such as help with packing or other physical tasks that the Mobilehome Owner/
Legal Owner cannot do without assistance and to offset the cost of replacing any
special equipment that cannot be moved and is used because of the Mobilehome
Owner's/ Legal Owner's disability.
b. For Mobilehome Owners/Legal Owner whose Mobilehomes cannot be relocated to a
space in a Comparable Park:
(1) A lump sum based on consideration of the cost of moving to and purchasing
or renting Comparable Housing, including but not limited to, the cost of
purchasing a comparable Mobilehome in a Comparable Mobilehome Park, the
cost of moving personal property from the Mobilehome in the closing
Mobilehome Park to Comparable Housing, payment of first and last month's rent
and any security deposit at the Comparable Housing, the loss of investment in the
Mobilehome that cannot be relocated and any remaining loan payments that must
be made even though the Mobilehome Owner/Legal Owner cannot continue to
live in the Mobilehome.
(2) If the Mobilehome Owner/Legal Owner is disabled, an additional sum
towards the cost of obtaining any assistance needed to enable the Mobilehome
Owner/Legal Owner to move.
(3) If the Mobilehome Owner/Legal Owner are low-income persons or a
low-income family as defined by Section 50093 of the California Health and
Safety Code, as may be amended, or other comparable federal statute or
regulation, or who are receiving a means -tested local, state, or federal benefit, an
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additional sum to partially offset any higher rent at the Comparable Housing
during the first year at the new location.
c. Acceptance of Conditions Required. The Planning Commission's approval of a Change
of Use application shall not be valid and effective until the Park Owner has filed a
certificate of acceptance of the conditions of approval with the Planning Commission. d.
Appeals. Any aggrieved person may appeal the Planning Commission's decision to
approve or deny a Change of Use application to the City Council by filing a written
notice of appeal with the City Clerk within 30 days of the date the Hearing Officer's
decision becomes final. The appeal shall be in the form specified by the City Council and
shall be accompanied by a filing fee specified in the municipal fee schedule.
N. Relocation Notice,
No Mobilehome Owner/Legal Owner shall be required to remove his or her Mobilehome and no
Resident shall be required to vacate a Mobilehome until all of the following has occurred:
(A) The Park Owner has given at least two (2) years notice of termination of tenancy,
which may be reduced to no less than 180 days' notice of closure required by California
Civil Code section 798.56 upon agreement of Park Owner and two-thirds (2/3) of Park
Residents over the age of 18;
(B) That the applicable termination of tenancy notice of either two years or six (6) month
period has elapsed;
(C) The Planning Commission has issued a decision approving the closure is final; and
(D) The Park Owner has provided the relocation assistance required by the authorized
City of Santa Ana official as a condition of Change of Use.
O. Expiration and Extension of Approval of Change of Use
Change of Use approvals shall expire one (1) year after the date they are issued. The City
Council, or its designee, may upon request, grant extensions of time based on a showing that
good faith progress has been made toward fulfilling the conditions of approval or some
intervening event not the fault of the Park Owner has prevented timely compliance with the
conditions of approval.
P. Provisions to Prevent Evictions Before Determination of Relocation Assistance
1. Any Mobilehome Owner/Legal Owner already renting a space in the Mobilehome Park on the
date the Park Owner files an application for Conversion is filed shall be eligible for relocation
assistance.
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2. No Park Owner shall require any Mobilehome Owner/Legal Owner to waive his or her rights
to relocation assistance as a condition of renting a space in the Mobilehome Park. It shall be
against public policy to subvert any provisions of this Chapter by coercing the waiver of any
rights or privileges created or protected thereby. Any provision of a lease agreement which
purports directly or indirectly to waive or require waiver of the rights of a Mobilehome
Owner/Legal Owner under this section or which requires prior consent to the conversion,
closure, or cessation of use of land as a Mobilehome Park shall be null, void, and unenforceable.
3. Mobilehome Owners/Legal Owners eligible for relocation assistance shall be entitled to the
assistance required by the Rent Board as a condition of Change of Use even if they vacate from
the Mobilehome Park before the Rent Board's final determination concerning required relocation
assistance.
Q. Additional Protections
1. Right of Negotiated Purchase: In the event a Park Owner notifies Mobilehome
Owners/Legal Owners/Residents of a proposed Park conversion, the Mobilehome Owner/Legal
Owner/Residents shall have the right to negotiate purchasing the Park. If the Mobilehome
Owner/Legal Owner/Resident so acts, then all action on the conversion is halted for 180 days
and the City of Santa Ana shall assign a mediator to facilitate purchase negotiations.
a. Right of First Refusal: In the event of a Park conversion, the Mobilehome
Owner/Legal Owner/Resident shall have the right of first refusal to purchase/lease/rent
the housing at the Park premises after conversion.
2. Denial of Permit for Coercion: A permit for Park conversion may be denied where there
is is substantial or credible evidence that the Park Owner has coerced Mobilehome Owners/Legal
Owners/Residents to publicly support or approve closure, proposed conversion of a Mobilehome
Park to another use, or cessation of the use of land as a Mobilehome Park, or to refrain from
publicly opposing the same, or to forego any assistance to which they might be entitled.
3. Rights of Mobilehome Owners/Legal Owners/Residents/Tenants: Mobilehome
Owners/Legal Owners/Residents/Tenants in a Park proposed for conversion have the following
rights:
a. Right to terminate a lease or rental agreement, without penalty, upon 60 days'
notice to the Landlord.
b. No increase in rent until the termination of a lease/rental agreement, or until 12
months after the date of issuance of the final public report, or expiration of Lease,
whichever is longer.
C. No unjust eviction during tenancy.
d. No coercion or retaliatory action against such Mobilehome Owner/Legal
Owner/Tenant/Resident, including pressure to support, or refrain from opposing, a
conversion project.
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SECTION 16 JUDICIAL REVIEW
A Landlord or Tenant aggrieved by any action or decision of the Rent Board may seek judicial
review in Superior Court within the State of California regarding this Chapter and its
implementing regulations. No action or decision by the Rent Board shall go into effect until any
statutory period for such review has expired.
SECTION 17 NON-WAIVERABILITY
Any provision of a Rental Housing Agreement, whether oral or written, which purports to waive
any provision of this Chapter established for the benefit of the Tenant, shall be deemed to be
against public policy and shall be void.
SECTION 18 REMEDIES
In addition to any other remedies provided by law, Landlords, Tenants/Mobilehome
Owners/Residents covered by this Chapter shall have the following remedies for violations of
this Chapter.
(a) Landlord's Demand for or Retention of Excessive Rent. When a Landlord demands,
accepts, receives, or retains any payment or payments in excess of the lawful Rent pursuant to
this Chapter and the regulations promulgated hereunder, including in violation of the provisions
ensuring compliance with habitability standards and maintenance of Housing Services, the
Tenant/Mobilehome Owner/Resident may file a Petition pursuant to Sections 13 and 14
(Petitions and Procedures for Individual Rent Adjustments) or file a civil suit against the
Landlord. A Landlord who demands, accepts, receives, or retains any payment of Rent in excess
of the lawful Rent shall be liable to the Tenant in the amount by which the payment or payments
have exceeded the lawful Rent. In such a case, the Rent shall be adjusted to reflect the lawful
Rent pursuant to this Chapter and its implementing regulations.
(b) Civil Remedies. A Tenant/Mobilehome Owner/Resident may bring a civil suit in the courts
of the state alleging that a Landlord has violated any of the provisions of this Chapter or the
regulations promulgated hereunder, including that the Landlord has demanded, accepted,
received, or retained a payment or payments in excess of the lawful Rent. In a civil suit, a
Landlord found to violate this Chapter shall be liable to the Tenant/Mobilehome Owner/Resident
for all actual damages, including but not limited to the damages described in Subsection (a)
herein. A prevailing Tenant/Mobilehome Owner/Resident in a civil action brought to enforce this
Chapter shall be awarded reasonable attorney's fees and costs as determined by the court.
Additionally, upon a showing that the Landlord has acted willfully or with oppression, fraud, or
malice, the Tenant/Mobilehome Owner/Resident shall be awarded treble damages. No
administrative remedy need be exhausted prior to filing suit pursuant to this subsection.
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(c) Additional Relief for Landlord's Violation of Eviction Rules. If it is shown that the event
which the Landlord claims as grounds to recover possession under Section 6(G) is not initiated
within two (2) months after the Tenant/Mobilehome Owner/Resident vacates the Rental Unit or
if applicable, the Mobilehome, or it is shown that the Landlord's claim was false or in bad faith,
the Tenant/Mobilehome Owner/Resident shall be entitled to regain possession of the Rental Unit
at the same Rent that was lawfully in effect when the Tenant/Homeowner/Resident vacated, in
addition to the relief described in Subsection (b) herein.
(d) Defense to Action to Recover Possession. A Landlord's failure to comply with any of the
provisions of this Chapter or regulations promulgated hereunder may be raised as an affirmative
defense in an unlawful detainer or other action brought by the Landlord to recover possession of
the Rental Unit, or if applicable, the Mobilehome. Any and all violations of this Chapter by the
Landlord shall constitute such an affirmative defense, including but not limited to the demand or
retention of payment in excess of the lawful Rent, failure to serve any of the notices required
pursuant to this Chapter on the Tenant/Mobilehome Owner/Resident, or the Rent Board, or
failure to conform such notices to the requirements of this Chapter, failure to pay the Rental
Housing Fee, failure to pay any required Relocation Assistance, and a decrease in Housing
Services, Service Reduction, or maintenance without a corresponding reduction in Rent. It is the
intent of this Chapter to construe this subsection to the broadest extent permissible under the law
to ensure maximum compliance with this Chapter and avoid unlawful evictions.
(e) Rent Board or City Attorney Enforcement Action. If the Tenant/Mobilehome
Owner/Resident fails to bring a civil or administrative action to enforce the
Tenant's/Mobilehome Owner's/Resident's rights under this Chapter, the Rent Board or the City
Attorney may bring such an action or settle the claim on the Tenant's/Mobilehome
Owner's/Resident's behalf. If the Rent Board or City Attorney brings such an action, the
Tenant/Mobilehome Owner/Resident shall be provided the right to opt in or out of the action. In
the case of an opt -in, the Tenant/Mobilehome Owner/Resident on whose behalf the Rent Board
acted is barred from bringing a separate action against the Landlord in regard to the same
violation, and the Rent Board or City Attorney shall be entitled to recuperate the costs it incurred
from any monetary recovery from the Landlord, with the remainder to go to the
Tenant/Mobilehome Owner/Resident against whom the violation has been committed. In the case
of an opt -out, the Tenant/Mobilehome Owner/Resident shall retain all rights relating to his or her
right to private action. The Rent Board or City Attorney may take other such enforcement action
as necessary to ensure compliance with this Chapter.
(f) Remedies Not Exclusive. The remedies available in this Chapter are not exclusive and may
be used cumulatively with any other remedies in this Chapter or otherwise available at law.
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(g) Jurisdiction. The appropriate court in the jurisdiction in which the Rental Unit is located
shall have jurisdiction over all actions brought under this Chapter.
SECTION 19 INJUNCTIVE AND OTHER CIVIL RELIEF
The Rent Board, Tenant(s), Mobilehome Owner(s), Resident(s), and Landlords of Rental Units
or Mobilehomes may seek relief from the appropriate court in the appropriate jurisdiction where
the affected Rental Unit is located to enforce any provision of this Chapter or its implementing
regulations or to restrain or enjoin any violation of this Chapter and of the rules, regulations,
orders, and decisions of the Rent Board.
SECTION 20 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be
invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Chapter. The City Council hereby declares
that it would have passed the Ordinance and each section, subsection, clause or phrase thereof
irrespective of the fact that one or more other sections, subsections, clauses or phrases may be
declared invalid or unconstitutional. This Chapter shall be liberally construed to achieve the
purposes of this Chapter and to preserve its validity.
SECTION 21 CONFLICTING CHARTER PROVISIONS
This Chapter is not intended to revise, repeal, or supersede any other provisions of the Santa Ana
City Municipal Code and Charter regarding matters not addressed herein. As such, this Chapter
shall have the effect of amending the Santa Ana City Municipal Code and Charter as necessary
for the Rent Board to exercise its authority and fulfill its responsibilities as specifically identified
herein, but this Chapter shall not otherwise amend the Santa Ana City Municipal Code and
Charter with respect to the powers and limitations of other boards and commissions.
SECTION 22 CODIFICATION
The City Clerk and the City Attorney shall take all necessary steps to ensure the proper and
efficient codification of this Chapter into the Santa Ana City Municipal Code and Charter. This
authority shall include making any necessary revisions to the numbering and revising or
substituting any references herein to other provisions of the Santa Ana Municipal Code or State
law, and similar non -substantive items. In exercising this authority, the City Clerk and City
Attorney shall not alter the substantive provisions of this Chapter, nor take any action that
contradicts the express terms and purpose of this Chapter.
SECTION 23 DUTY TO DEFEND
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The City Attorney shall take all steps necessary to zealously defend against any legal challenges
to the validity of this Chapter. If the City Attorney is unable or unwilling to defend, an interested
third party may intervene to defend. Any third party that defends this Chapter shall be entitled to
court awarded attorney's fees and costs.
SECTION 24 CEQA COMPLIANCE
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to
sections of the CEQA Guidelines, taken together and each as a separate and independent basis,
including, but not limited to: Section 15378 (regulatory actions), Section 15060(c)(2) (no direct
or reasonably foreseeable indirect physical change in the environment), and Section 15061(b)(3)
(no significant environmental impact). The legislation contains no provisions modifying the
physical design, development, or construction of residential or nonresidential structures.
Accordingly, it can be seen with certainty that there is no possibility that it: (1) may have a
significant effect on the environment or (2) would result in any physical changes to the
environment.
SECTION 25 MAJORITY APPROVAL, EFFECTIVE DATE, EXECUTION
This Ordinance shall be effective only if approved by a majority of the voters voting thereon and
shall go into effect ten (10) days after the vote is declared by the City Council. The Mayor and
City Clerk are hereby authorized to execute this Ordinance to give evidence of its adoption by
the voters.
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SUMMARY OF ORDINANCE
a. Rent stabilization
Caps rent increases at 3% or 80% of CPI (rate of inflation), whichever is
lower.
1. i.e. rent that is $1000 could have a maximum of $30 increase, but
if CPI is 3% that year, rent could only be increased a total of $24.
ii. Exemptions
1. Per Costa Hawkins: Single-family residence, condominiums,
section 8 housing, government buildings, non-profit buildings,
commercial properties, and any buildings built after 1995.
2. Rented mobile homes.
a. Make note: owners of mobile homes renting land
underneath will have rent control
3. Affordable housing units
iii. Rent rollback: for any rent increases above 3% since Feb 25 2020, the
landlord will have to revert rent increases above 3% since then.
1. i.e., if there was an increase of 7% in April 2020, this increase
would be reduced to 3%
b. Rent board
i. Set annual rental fee, enforce ordinance
ii. Each member of city council out of pool of applicants who apply
iii. Has open meetings for public comment
c. Just cause
I. Tenant -at -fault evictions include committing a crime in the unit or
creating a disturbance. This ordinance adds some protections when the
tenant is at -fault ensuring proper notification in the language of the tenant-,
allowing the tenant an opportunity to remedy the issue if it is regarding
mess around the unit or noise.
ii. No-fault evictions include:
1. Intent of Landlord to occupy the unit
2. If moving in a family member into a covered unit
3. If the landlord or government removes the rental unit from the
rental market, giving 120 day notice to tenant or one year if
they've lived there for at least 12 months, older than 62, or
disabled
4. Intent to demolish or substantially remodel the unit
5. Mobile home park conversion
iii. Relocation assistance for no-fault evictions:
Landlord pays tenant 3x the market -rate rent + additional
assistance according to income bracket [i.e., extremely low
income]
2. For Mobile home park conversion, the landlord also has to pay for
moving all mobile homes. If there is no comparable mobile home
park to move all the mobile homes, the park owner has to pay first
and last month's rent and the security deposit for comparably
priced housing.
iv. If the tenant feels that the landlords eviction has not been legally
executed, they can bring it to the rent board meeting, where they will
review the case, there could be legal counsel provided by the city
attorney, and if the landlord has acted in bad faith, they will have to pay
the tenant treble damages
V. Exemptions- anyone who works in a school (teacher, janitor, etc) and a
student up to the age of 21 cannot be evicted for a no-fault eviction during
the school year.
vi. Just cause protections apply to all properties which receive rent control
and some property types excluded from rent control such as rented
mobile homes and single-family residences (not when -owner occupied).
d. Specific mobile home protections
i. Right to reject a lease or rent agreement longer than 12 months (because
then it would be subject to state laws exempting it from ordinance
protections)
ii. Rent stabilization (for land underneath)
iii. Anti -conversion protections - park owner has to do extensive relocation
impact assessment which needs to be reviewed and approved by
Planning Commission
1. All mobile home owners will receive relocation assistance if park is
approved for conversion, in addition to paying for the cost of
moving the mobile home
iv. Vacancy Control - space rent subject to Santa Ana rent caps, if someone
moves their mobile home, the mobile home owner cannot charge more for
the space.