On August 1, 2022, the Pomona City Council adopted an urgency ordinance related to rent stabilization and eviction control. The Ordinance limits the reasons why a landlord may evict a tenant and requires relocation payments to tenants for certain no-fault evictions. Here is a summary of the eviction protection and relocation payment provisions of the Ordinance.
All units within the City of Pomona are covered under the Ordinance’s just cause for eviction protection provisions. This includes accessory dwelling units and unpermitted units.
Allowable Reasons for Eviction
The Ordinance provides several just cause reasons for evictions, which are:
- Failure to pay rent;
- The tenant’s violation of a material term of the lease agreement where the tenant failed to cure the violation within ten days of receiving written notice of the violation;
- The tenant continues, after receiving lawful written request, to refuse to allow reasonable access to the unit;
- The tenant (or a guest) is causing damage or a nuisance to the rental unit or common area, or otherwise interfering with the comfort, safety, or enjoyment of any other resident at the property;
- The tenant (or a guest) is using the unit or common areas for an illegal purpose, such as committing a crime, or threatening violent crime;
- The landlord seeks to demolish the rental unit;
- An Ellis Act eviction, where the landlord seeks to remove the unit permanently from the rental housing market;
- The landlord seeks to perform work on the unit which costs at least eight times the amount of the monthly rent and the work will render the rental unit uninhabitable for at least thirty days;
- Owner/relative move ins;
- The landlord seeks to recover the rental unit to comply with a government agency’s order to vacate; and;
- The landlord seeks in good faith to recover possession of the rental unit to comply with a contractual agreement relating to the qualifications of tenancy with a government entity, where the tenant is no longer qualified.
Contents of Termination Notice
The termination notice must include (1) a lawful just cause reason for the termination; (2) written notice of the tenant’s right to relocation assistance and (3) the relocation payment, if applicable. In addition, the landlord must provide a copy of the notice of termination to the City of Pomona along with a proof of service indicating service on the tenant. A landlord’s failure to comply with these requirements renders the termination of tenancy notice void, and any landlord non-compliance provides a defense in an unlawful detainer action.
If the termination is based on a No-Fault reason listed in the Ordinance, the Landlord must pay a relocation fee in the amount of two times tenant’s current Rent in effect, plus one thousand dollars. The Landlord may deduct all past due rent owed by tenant during the previous twelve months, and any amounts paid by the Landlord for damage cause by the tenant, cleaning, or other purposes served by a security deposit, if the security deposit is insufficient to cover the amount due. There are various exceptions to the obligation to pay a relocation fee as specified in the Ordinance.
Please contact Lynx Legal with any questions regarding the above, and for all your eviction needs. We can be reached at 888-441-2355 or email@example.com. You can also schedule a telephonic consultation on our website. Our experienced professionals are standing by to answer any questions or complete the intake if you are ready to start a case.