(a)
No landlord shall, with respect to property used as a residential
rental unit under any rental housing agreement or other tenancy or
estate at will, however created, do any of the following:
(1)
Interrupt or terminate any utility service furnished to the
rental unit by any means whatsoever including, but not limited to,
the cutting of wires, the removal of fuses, the switching of breakers,
and the non-payment of utility bills.
(2)
Prevent the tenant from gaining reasonable access to the rental
unit by changing the locks or using a bootlock or by any other similar
method or device.
(3)
Removal without replacement within a reasonable time period,
doors or windows of the rental unit.
(4)
Remove from the rental unit personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code.
(b)
No landlord shall, with respect to property used as a controlled
rental unit under any rental housing agreement do any of the following:
(1)
Bring any judicial action to recover possession of a controlled rental unit or recover possession of a controlled rental unit unless authorized by and in accordance with City Charter Section 1806 and the regulations promulgated thereunder.
(2)
Take any other action to recover possession of a controlled rental unit unless authorized by and in accordance with City Charter Section 1806 and the regulations promulgated thereunder. For purposes of this subsection, other action includes, but is not limited to, the service or delivery of written notices or demands and the communication of oral notices or demands.
(c)
Nothing in this Section shall be construed as to prevent the
lawful eviction of a tenant by appropriate legal means, nor shall
anything in this subsection apply to occupancies defined by subdivision
(b) of Civil Code Section 1940.
(d)
For purposes of this Section, the terms landlord, tenant, rent,
rental housing agreement, rental unit, and controlled rental unit
shall be defined as set forth in Article XVIII of the City Charter.
(e)
For purposes of this Section, utility service includes, but
is not limited to, water, heat, light, electricity, gas, telephone,
garbage collection sewage, elevator, or refrigeration.
(Prior code § 4810; added by Ord. No. 1262CCS, adopted 11/9/82; amended by Ord. No. 2575CCS § 2, adopted 5/22/18)
(a)
This Section shall apply to all residential rental units in
the City of Santa Monica, including those residential rental units
exempt from the provisions of Article XVIII pursuant to City Charter
Section 1801(c).
(b)
No landlord shall evict a tenant of a residential rental unit during the period commencing on May 1, 1984, and ending on August 31, 1984, unless the landlord establishes one of the grounds for eviction set forth in subsections (a) through (g) of City Charter Section 1806. As used in this subsection, eviction shall mean any action to recover possession of a residential rental unit, including service of notice of termination of tenancy, whenever served, to be effective during the time period covered by this subsection. Nothing in this subsection shall prohibit a landlord, to the extent otherwise permitted by law, from serving a notice of termination of tenancy during the time period covered by this subsection to take effect after August 31, 1984, or from evicting a tenant pursuant to the terms of a written lease, other than one for a month-to-month tenancy, which expires by its own terms during the time period covered by this subsection, or from evicting a tenant where notice of termination of tenancy is both served and is to be effective prior to May 1, 1984.
(c)
For any residential rental unit not subject to Article XVIII
of the City Charter, no landlord may increase the rent or other charges
for the residential rental unit during the period from May 1, 1984
to August 31, 1984, by an amount greater than seven percent of the
rent in effect on April 30, 1984. Nothing in this subdivision shall
prohibit a landlord from serving a notice of increased rent to take
effect after August 31, 1984, or from establishing the rent for a
residential rental unit first rented after May 1, 1984; provided that,
once rented, this subsection shall apply.
(d)
A tenant may raise any violation of this Section as an alternative
defense to any action filed by a landlord to recover possession of
a residential rental unit occupied by that tenant.
(e)
For purposes of this Section, the term "landlord" includes any
sublessor and the term "tenant" includes any subtenant.
(f)
Notwithstanding subsection (b), nothing in this Section shall prohibit the owner of a residential rental unit to evict a tenant for the purpose of occupancy by the owner of such residential rental unit if the owner commences the eviction within thirty days of acquiring title to the residential rental unit.
(Prior code § 4811; amended by Ord. No. 1305CCS, adopted 4/10/84; Ord. No. 2575CCS § 3, adopted 5/22/18)
In addition to any other protections provided in the Municipal
Code, the City Charter, or the laws of the State of California, no
eviction for purposes of conversion or sale incident to conversion
or for personal occupancy by the landlord or owner or relative of
the landlord or owner shall be allowed in any condominium or stock
cooperative unit unless the unit had first been created or converted
from an apartment or other rental unit on or before April 10, 1979,
or the Rent Control Board has issued a removal permit or declared
a vested right for said unit. As used herein, a unit shall be deemed
created or converted on the date the unit is first sold as a condominium
or stock cooperative unit. As used herein, an eviction shall mean
any action to recover possession of a residential rental unit, including
service of notice of termination of tenancy. This Section shall apply
with respect to any unlawful detainer action for which judgment has
not been entered prior to the effective date of the ordinance codified
in this Section.
(Prior code § 4812; added by Ord. No. 1318CCS, adopted 10/23/84; amended by Ord. No.
2575CCS § 4, adopted 5/22/18)
(a)
No property or rental units therein which have been withdrawn
pursuant to the Ellis Act, Government Code Section 7060 et seq., shall
be subsequently occupied unless an occupancy permit is obtained in
accordance with the provisions of this Section.
(b)
An occupancy permit for commercial occupancy of a property or
any rental unit therein shall be granted by the Planning Director
if the following findings are made:
(c)
An occupancy permit for residential occupancy of a property
or any rental unit therein may be granted:
(1)
By the Planning Director, if the Planning Director finds that
no more than one unit on the property will be occupied by owners of
the property. In such situation, other units on the property may be
occupied, provided such occupants do not have any ownership interest
in the property and do not pay rent as defined in Section 1801(f)
of the City Charter.
(2)
By the Planning Director, if the Planning Director finds that
the property or rental unit therein is to be used for multifamily
rental housing, and the Rent Control Board has certified that the
owner has complied with the requirements set forth in Government Code
Sections 7060.2 and 7060.4 and with applicable regulations promulgated
by the Rent Control Board.
(3)
If the property is to be used as a cooperative apartment as defined in Section 9.54.010, a subdivision map is obtained in accordance with Chapter 9.54 of Article 9 of this Code, and a conditional use permit is obtained in accordance with the requirements of Section 9.04.16.02.010, except that subsections (a), (b), (e), (h), and (i)(2) shall not apply, and except that the requirements regarding a Tenants' Notice of Intent to Convert and Tenant Relocation Assistance Plan contained in subsection (c) shall not apply.
(4)
By the Planning Director, if the Planning Director finds that
the property is owned as an undivided interest in land and is coupled
with the exclusive right of occupancy of four or fewer units located
thereon, whether such right is contained in the form of a written
or oral agreement, when such right does not appear on the face of
the deed.
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The Planning Director shall make a written report to the Planning
Commission and the City Council within five days of approving or conditionally
approving an occupancy permit pursuant to this Section. Any decision
of the Planning Director approving, conditionally approving, or denying
an occupancy permit may be appealed to the Planning Commission in
accordance with the provisions in Part 9.04.20.24 of Article 9 of
this Code. Any decision of the Planning Commission may be further
appealed to the City Council in accordance with the same provisions.
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This Section shall not apply to occupancy of any portion of
a property withdrawn pursuant to the Ellis Act following lawful demolition
of that portion of the property, nor shall it apply to an entire property
withdrawn pursuant to the Ellis Act following lawful demolition of
the entire property.
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(Prior code § 4812a; added by Ord. No. 1466CCS, adopted 2/14/89; amended by Ord. No. 2048CCS § 1, adopted 7/8/02; Ord. No. 2311CCS § 2, adopted 5/11/10; Ord. No. 2575CCS § 5,
adopted 5/22/18)
(a)
For purposes of this Section, the following terms shall have
the following meanings:
(1)
"Custodial relationship" means, with respect to a child and
a person, that the person is a legal guardian of the child, or has
a court-recognized caregiver authorization affidavit for the child,
or that the person has provided full-time custodial care of the child
pursuant to an agreement with the child's legal guardian or court-recognized
caregiver and has been providing that care for at least one year or
half of the child's lifetime, whichever is less.
(2)
"Educator" means any person who works at a school in Santa Monica
as an employee or independent contractor of the school or of the governing
body that has jurisdiction over the school, including, without limitation,
all teachers, classroom aides, administrators, administrative staff,
counselors, social workers, psychologists, school nurses, speech pathologists,
custodians, security guards, cafeteria workers, community relations
specialists, child welfare and attendance liaisons, and learning support
consultants.
(3)
"Family relationship" means that the person is the parent, grandparent,
brother, sister, aunt, or uncle of the child or educator, or the spouse
or domestic partner of such relations.
(4)
"School" means any State-licensed child care center, State-licensed
family day care, and/or any public, private, or parochial institution
that provides educational instruction for students in any or all of
the grades from kindergarten through twelfth grade.
(5)
"School year" means the first day of instruction through the
last day of instruction on the Santa Monica-Malibu Unified School
District District Calendar.
(b)
It shall be a defense to any eviction instituted pursuant to Charter Sections 1806(a)(8), 1806(a)(9), 1806(a)(10), 2304(a)(8), and 2304(a)(9) if:
(1)
A child under the age of eighteen or any educator resides in
the unit;
(2)
The child or educator is a tenant in the unit or has a custodial
or family relationship with a tenant in the unit;
(3)
The tenant has resided in the unit for twelve months or more;
and
(4)
The effective date of the notice of termination of tenancy falls
during the school year.
(Added by Ord. No. 2575CCS § 6, adopted 5/22/18)
(a)
For purposes of this Section, the following terms shall have
the following meanings:
(1)
"Endeavors to evict" means any attempt to begin the termination
of tenancy or eviction process, such as notices to terminate tenancy,
notices to pay rent or quit, notices to quit, and filing of unlawful
detainer cases in court.
(b)
Landlords shall email to the Santa Monica City Attorney's Office
(CAO) at EMReports@santamonica.gov unredacted copies of any notices
of any endeavors to evict (pandemic-related or not), including a termination
notice or a summons and complaint for unlawful detainer, within two
days of serving such notice or summons and complaint on a tenant.
(c)
Landlords shall also provide the CAO, by emailing to EMReports@santamonica.gov
the following information within three days of its availability to
landlord: (1) whether tenant obtained a fee waiver; (2) whether tenant
has legal representation; (3) whether landlord has legal representation;
and (4) outcome of the endeavor to evict.
(d)
This Section shall be enforceable as a misdemeanor pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code with a fine for each violation of this Section up to a maximum of one thousand dollars. Violations of this Section do not result in an affirmative defense for the tenant in an unlawful detainer action.
(Added by Ord. No. 2712CCS § 1, adopted 8/23/22; amended
by Ord. No. 2716CCS § 3, 9/13/22)
(a)
No landlord shall serve notice of an amendment to a lease's
attorney's fees provision without including a separate notice that
includes the following statement:
"The attorney's fees provisions in tenant protection laws such
as the City's Tenant Harassment Code and its Housing Anti-Discrimination
Code that allow a prevailing tenant to pursue his or her own attorneys
fees from the landlord (fee shifting) cannot be waived by a tenant
or changed by a landlord's amendments to a lease. Any such lease amendments
or provisions are null and void with respect to the fee-shifting in
tenant protection laws."
(b)
This Section shall be enforceable as a misdemeanor pursuant to Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica Municipal Code with a fine for each violation of this Section up to a maximum of one thousand dollars.
(Added by Ord. No. 2716CCS § 4, adopted 9/13/22)
(a)
The following terms as used in this Section have the following
meanings:
(1)
"Protected period" means September 1, 2022 through January 31,
2023.
(2)
"Protected period rent" means rent that became due between September
1, 2022 and January 31, 2023.
(3)
"Financial distress" means lacking sufficient funds to pay the
rent while foregoing or without foregoing adequate food, shelter,
healthcare, childcare, necessary transportation, or other life necessities
for oneself or one's dependents.
(4)
"Rent controlled residential tenant" means a tenant in a controlled
rental unit as that term is defined in Section 1801(c) of the Charter
of the City of Santa Monica.
(b)
From September 1, 2022 until September 1, 2023, no landlord who has increased a rent controlled residential tenant's rent by more than three percent above the maximum allowable rent in place prior to September 1, 2022, shall evict a rent controlled residential tenant whose rent was so increased for nonpayment of protected period rent if nonpayment was due to the tenant's COVID-19 related financial distress. This eviction moratorium shall not apply to tenants for which their landlord who had previously given notice of a rent increase that exceeds three percent from September 1, 2022, and thereafter, who shall have modified that notice so that it does not exceed three percent and/or accepts an increase not to exceed three percent, during the protected period. As set forth in subsection (e) below, a tenant who has repaid unpaid rent prior to September 1, 2023, is permanently protected from eviction for nonpayment during the protected period.
(c)
If a rent controlled residential tenant whose rent was increased as described in subsection (b) is unable to pay protected period rent due to COVID-19 related financial distress, the tenant shall provide notice and documentation to the landlord within thirty days after rent is due. A tenant's self-certification of inability to pay due to financial distress is sufficient to meet this notice and documentation requirement.
(d)
The protections provided in this Section shall constitute an
affirmative defense for a tenant in any unlawful detainer action brought
pursuant to California Code of Civil Procedure Section 1161, as amended,
and any other civil action seeking repayment of rental debt. To qualify
for the affirmative defense, a tenant must provide notice and documentation
of inability to pay due to financial distress. A tenant may provide
notice and documentation, including self-certification, at any time
prior to judgment against the tenant. A tenant who does not provide
notice and documentation within thirty days after rent is due but
does provide notice and documentation prior to judgment against them
in an unlawful detainer matter, is eligible for the affirmative defense.
Notice and documentation shall create a rebuttable presumption that
nonpayment was due to the tenant's COVID-19 related financial distress.
(e)
A rent controlled residential tenant protected from eviction
by this Section shall have until September 1, 2023, to repay protected
period rent that was not paid due to COVID-19 related financial distress.
A tenant may repay covered protected period rent in any number of
payments or in a lump sum at any time before September 1, 2023. A
tenant who so repays covered protected period rent shall be permanently
protected from eviction for nonpayment of that rent.
(Added by Ord. No. 2717CCS § 1, adopted 9/13/22)
(a)
"Excessive rent increase"
"Landlord"
"Rental housing agreement"
"Rental unit"
"Tenant"
For purposes of this Section, the following terms shall have
the following meanings:
means an increase raising the rent to an amount that is substantially
in excess of market rates for comparable units within the City of
Santa Monica.
means a current or former owner, lessor, sublessor or any
other person entitled to receive rent for the use and occupancy of
any rental unit, or an agent, representative, or successor of any
of the foregoing.
means an agreement, oral, written or implied, between a landlord
and tenant for use or occupancy of a rental unit and for housing services.
means any building, structure, or part thereof, or land appurtenant
thereto, or any other rental property rented or offered for rent for
living or dwelling house units, together with all housing services
connected with use or occupancy of such property such as common areas
and recreational facilities held out for use by the tenant.
means a tenant, subtenant, lessee, sublessee or any other
person entitled under the terms of a rental housing agreement to the
use or occupancy of any rental unit.
(b)
It shall be an affirmative defense to an unlawful detainer brought on the basis of non-payment of rent which seeks to recover possession of a rental unit that is not a controlled rental unit as defined by City Charter Section 1801, that the landlord imposed an excessive rent increase in bad faith with the intent to influence the tenant to vacate through fraud, intimidation, or coercion in circumvention of any law requiring the landlord to have just cause to evict a tenant. Evidence of "bad faith" includes, but is not limited to, an excessive rent increase imposed:
(1)
Within six months of an unsuccessful attempt to evict a tenant
for a "just cause."
(2)
Within six months of the tenant's complaints to the landlord
or its agents, a government agency, or law enforcement regarding habitability,
safety concerns, tenant harassment, discrimination, or neighbor to
neighbor harassment.
(3)
When price gouging protections, including Penal Code 396 and Section 4.32.160 et seq., bar rent increases in excess of a particular amount during a state of emergency.
(Added by Ord. No. 2776CCS, 2/13/24)
