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Tenant Protection Ordinance

On-line Submissions: Landlords and property managers can now submit a Notice to Terminate Tenancy with Just Cause using our simple online form.

 The following documents are available for the Tenant Protection Ordinance:



Tenant Protection Ordinance News


Watch our PSA for more information about the Tenant Protection Ordinance
:

PSA

Ordinance Overview


On May 9, 2017, the City Council adopted the 
Tenant Protection Ordinance.  Additionally, the City Council adopted an Urgency Ordinance making the new regulations effective immediately.  

The Tenant Protection Ordinance outlines landlord responsibilities and tenant rights regarding notices to terminate.  Under the Tenant Protection Ordinance, landlords of multifamily dwellings, guesthouses and unpermitted units will only be authorized to terminate tenancy under one of the following 12 listed cause
s (also view this flyer in Spanish and Vietnamese): 

Just Cause Reasons on Tenant Actions

1. Nonpayment of rent

2. Material or habitual violation of the lease

3. Damage to the apartment

4. Refusal to agree to a similar or new rental agreement

5. Disorderly behavior disturbing the peace

6. Refuse access to the apartment when requested in accordance to law

7. Unapproved holdover subtenant

Just Cause Reasons Based on Landlord Decision or Consequence of Action

8. Substantial rehabilitation of the apartment

9. Removal or apartments from the rental market under the Ellis Act

10. Owner move-in

11. City code enforcement actions requiring a moveout

12. Convert an unpermitted apartment for permitted use




Council Actions

On Tuesday, November 14, 2017, the City Council took action on the following agenda items summarized below:

Amendment to the Tenant Protection Ordinance (TPO):  

  • Include dependent child; foster child; minor in the tenant's care; spouse or domestic partner; or parent of a tenant under exempted categories of additional family members allowed under TPO's Just Cause reason for material or habitual rental agreement violation; and
  • Reduce the maximum occupancy limit for adults to the number allowed by the rental agreement or two adults per bedroom, whichever is greater. 

Revised Apartment Rent Ordinance (ARO) and Regulations:

  • Retain the limit on annual general increases as 5% with no banking;
  • Implement a capital improvement pass through petition process for specified capital improvements;
  • Defer action on Ratio Utility Billing System (RUBS) to March 2018 with additional research from staff;
  • Continue to exclude duplexes from the ARO;
  • Allow tenant buyout agreements; and
  • Maintain the rent registry as recommended by staff.  

Staffing Plan and Associated Fee Increase:

  • Approve Phase I and Phase II of the proposed staffing plan for the Rental Rights and Referrals Program with a fee increase effective on January 1, 2018.

The second reading of the Tenant Protection Ordinance and Apartment Rent Ordinance took place Tuesday, November 28, 2017, and Council approved the changes above so the ordinances will go into effect on December 28, 2017. In the weeks following, staff will begin implementing a plan to reach out to constituents with informational materials and opportunities for additional assistance and education.

Please refer to the following documents approved through these meetings:


Upcoming Action Items

The Housing & Community Development Commission held a special meeting on October 5, 2017 to discuss the Tenant Protection Ordinance and the revised Apartment Rent Ordinance.  The amended Tenant Protection Ordinance and memorandum are available for review.  The memo outlining the changes to the draft Apartment Rent Ordinance and Regulations is available for review. The report includes proposed staff changes to the Ordinance as a result of feedback received during the public comment period.  The draft Apartment Rent Ordinance (ARO) and Regulations were available for public review and comment from August 14, 2017 to September 22, 2017.

The most up-to-date versions of the Apartment Rent Ordinance and Regulations have been published.

The following public meetings will be hosted by the Housing Department to discuss the draft documents: 

 Date

Time

Location

 Topics
 Housing & Community Development Commission Meeting
November 9, 2017
5:45 p.m.
City Hall Wing Rooms 119-120
200 E Santa Clara St
 Adding duplexes to the Apartment Rent Ordinance
 City Council Meeting
November 14, 2017 
 1:30 p.m.  

City Hall Council Chambers

200 E Santa Clara St

 Amendment to the Tenant Protection Ordinance Memo

Revised Apartment Rent Ordinance and Regulations Memo

Staffing Plan and Associated Fee Increase Memo
  

 City Council Meeting
November 28, 2017
1:30 p.m.
 City Hall Council Chambers
200 E Santa Clara St
 Final adoption of ordinances: