The City of Pasadena has adopted the Pasadena Fair and Equitable Housing Charter Amendment (Measure H), which limits rent increases and restricts evictions in the City of Pasadena. The law has two main parts: rent control and eviction protections. This article summarizes the eviction protection provisions of the Ordinance.
Exemptions
Almost all tenants in Pasadena are covered by eviction protections. The only exceptions are for tenants:
● In hotels/motels if they have been there for less than 30 days
● In hospitals, medical facilities, treatment/recovery programs, asylums, monasteries, convents,
educational dorms, and non-profit homes for the elderly
● In units owned by a non-profit under a tax credit program
● In units owned by a government program that specifically bars municipal rent regulation
● Who share a bathroom or kitchen facilities with their landlord in their landlord’s primary residence,
and who have a special “temporary tenancy” contract
Just Cause Required for Evictions
Landlords are only permitted to evict a tenant for one of the reasons below, which must be stated in the notice:
● Failure to pay rent
● Breach of contract
● Subtenant not on the lease is the only resident
● Nuisance
● Illegal purpose (this does not include occupancy or code violations)
● Refusal to sign a new lease with the same terms and duration as the previous lease
● Refusal to give access to the landlord for repairs or to show the unit to potential buyers after getting proper notice
● Owner or owner’s family move-in
● Withdrawal of the rental unit from the market
● Government order to vacate the unit
A landlord can also temporarily displace a tenant if substantial repairs are needed to bring the unit into compliance with health and safety codes. If they do this they must obtain documentation from the city that the repairs are necessary, and pull construction permits first. Landlords must also offer the tenant another unit that they own at the same or lower rent or pay temporary relocation assistance. Landlords also must allow the tenant to move back into the original unit at the same rent when repairs are complete.
Relocation Assistance
Pasadena has a Tenant Protection Ordinance which applies to all rental units within the City of Pasadena other than Single Family units. In essence, the Pasanda Tenant Protections provide Relocation Assistance Fees to tenants who are at or below 140% of the area median income and who are displaced through no-fault evictions. The required relocation allowance fees are 2½ times the fair market rent as established by HUD plus a moving allowance.
Pasadena tenants who have occupied a covered rental unit for 10 years or more are entitled to the above base relocation assistance plus 10% for each year the tenant has resided in the rental over 10 years. If the reason for the no-fault termination of tenancy is due to owner or qualified family member occupancy, then the amount of relocation assistance fees required to paid are reduced by 50%.
Any landlord who fails to provide the proper relocation assistance fees and moving expense allowance may be sued for damages (the unpaid relocation and moving fees plus interest), a $500 civil penalty and reasonable attorney’s fees and costs as determined by the court. In addition, a tenant cannot waive rights under the ordinance and any agreement to the contrary is deemed void as against public policy.
Please contact Lynx Legal with any questions regarding the above, or if you are ready to start a case. We can be reached at 888-441-2355 or info@lynxlegal.com. You can also schedule a telephonic consultation on our website. Our experienced staff is standing by to answer any questions or complete the intake necessary to start your case.