In November 2022, the City of Santa Ana adopted a Rent Stabilization and Just Cause Eviction Ordinance, which limits rent increases and the reasons allowed for an eviction for specified rental properties in the City. Here is a summary of the eviction control limitations the Ordinance imposes on landlords with rental properties covered by the Ordinance.
All landlords in the City of Santa Ana are required to register their rental unit(s) or claim their rental unit(s) exempt from the Ordinance.
Tenant Notification Requirement
On or before a tenancy commences the landlord must give the tenant a written notice, in a form prescribed by the City, with information on the existence and scope of the Ordinance. A rent increase or eviction cannot take effect until the notice of the Ordinance has been provided.
The following properties are exempt from the Just Cause provisions of the Ordinance:
· Transient and tourist hotel occupancy
· Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, or an adult residential facility
· Dormitories owned and operated by an educational institution
· Housing accommodations in which the Tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the rental property
· Single-family owner-occupied residences including a residence in which the owneroccupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit
· A duplex in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy
· Housing that has been issued a certificate of occupancy within the previous 15 years
· Residential Real Property that is alienable separate from the title to any other dwelling unit, provided that: (1) the owner is not a real estate investment trust, corporation, or limited liability company in which at least one member is a corporation, and (2) the Tenants have been provided written notice that the Residential Property is exempt from the Ordinance
· Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families with very low, low, or moderate income
· Housing that is subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income
Just Cause Requirements For Eviction
Under the Just Cause Eviction protections of the Ordinance, tenants can only be evicted for the following reasons:
· Failure to pay rent
· Material breach of rental agreement
· Maintaining, committing, or permitting a nuisance
· Committing waste
· Failure to sign a substantially similar lease
· Committing criminal activity on the property or off the property that is directed at the owner, members of the tenant’s household or other tenants of the property
· Assigning of subletting the premises in violation of the lease agreement.
· Refusing to allow owner to access premises
· Using premises for an unlawful purpose
· Failure to vacate after termination
· Failure to move out after providing written notice
· Intent to occupy by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents
· Withdrawal of the residential real property from the rental market
· Government or court order
· Intent to demolish or substantially remodel the residential real property.
If an owner issues a termination notice based on a no-fault just cause, the owner must assist the tenant to relocate by providing either a direct payment or a rent waiver equal to three months of the tenant’s rent that was in effect when the owner issued the notice to terminate the Tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.
The relocation assistance or rent waiver is credited against any other relocation assistance required by any other law. If the owner provides a rent waiver, the notice must state the amount of rent waived and that no rent is due for the final three (3) months of the Tenancy. If a tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided is recoverable as damages in an action to recover possession.
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 firstname.lastname@example.org. 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.