You can now add two more to the ever-growing list of cities incorporating their own rent control ordinances.
Pomona’s Urgency Ordinance
On August 1st, the Pomona City Council adopted a rent control ordinance with just cause eviction requirements and a rent increase cap. It is effective immediately, but a permanent version of the ordinance is expected to be drafted within the next 60 to 90 days. The current ordinance includes:
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- Rent increases capped at 4% or the change in the CPI, whichever is less.
- Tenant protected “Just Cause” evictions – there are new requirements a rental property owner must follow to qualify for no-fault tenant terminations. This includes submitting your notice of termination served on the tenant to the city of Pomona within five calendar days of that service along with proof of service by certified, return receipt requested mail.
- Relocation fees are required for no-fault evictions in the amount of two times the tenant’s rent plus $1,000.00.
- Petitioning Rent Increases: There is now a process for rental property owners to petition for rent increases above the limit and for tenants to also contest rent increases. A “hearing officer” will make a determination within 20 calendar days after the hearing.
- Violations: Each violation of this Urgency Ordinance can result in fees of $1,000.00.
I strongly suggest that you read the ordinance in its entirety by visiting the city of Pomona’s website at https://www.pomonaca.gov.
The Burbank Tenant Protection Urgency Ordinance
(from the city of Burbank website)
On September 12, 2023, the Burbank City Council adopted tenant protections for certain residential tenancies in the city of Burbank; requiring permits for demolition or substantial remodel and increasing the relocation assistance payment to three months for tenants impacted by no-fault just cause notices for substantial renovations only.
Requirements for Demolition/Substantial Remodel
The Burbank Tenant Protection Urgency Ordinance requires the following for no-fault, just cause evictions with the intent to demolish or substantially remodel a property based the AB 1482 definition of substantial remodel noted below:
- Securing building permits (for a substantial remodel), demolition permits (for a demolition), and/or any required abatement permits;
- Plan check submittal to the City’s Building Division, if required; Visit the City of Burbank Building Division website for more information on permits, and plan check submittal at https://www.burbankca.gov/web/communitydevelopment/building-safety.
- Providing copies of the building, demolition, and/or hazardous material abatement permit(s) to the tenant;
- Providing the tenant with a written, detailed account of the scope of work, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work cannot be completed within thirty (30) days.
AB 1482 Substantial Remodel Definition
Intent to demolish or to substantially remodel the residential real property. “Substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.
Relocation Assistance for No-Fault Notices Related to Substantial Remodel
No-fault notices to vacate related to substantial remodel given September 12, 2023, and later, fall under the Tenant Protection Urgency Ordinance adopted by City Council on September 12, 2023. If an owner of residential real property issues a termination notice based on a “no-fault just cause” for substantial remodel, the owner shall provide relocation assistance in the amount of three (3) months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy.
Please read the ordinance on the city’s website at www.burbankca.gov/tenantprotections.
Patricia Harris is Senior Editor of the AOA Buyers Guide.