(a)
Findings. Pursuant to Civil Code Section 1946.2(g)(1)(B), the city
council hereby makes the following binding findings within this chapter
that this chapter is more protective than the provisions of Civil
Code Section 1946.2 because:
(1)
The just causes for termination of a residential tenancy under this
chapter are consistent with Civil Code Section 1946.2, and such provisions
relating to just cause are incorporated by reference into this chapter;
and
(2)
This chapter provides additional tenant protections that are not
prohibited by any other provision of law. Specifically, this chapter
applies eviction protections to residential real properties that have
received certificates of occupancy within the previous fifteen years,
provides for higher relocation assistance amounts than those available
to tenants covered by Civil Code Section 1946.2, and requires certain
minimum lease terms.
(b)
Intent. As provided in Civil Code Section 1946.2(g)(2), a residential
real property shall not be subject to both a local ordinance requiring
just cause for termination of a residential tenancy and Civil Code
Section 1946.2. This chapter incorporates Civil Code Section 1946.2
by reference with the intent that the protections of Civil Code Section
1946.2 be extended to apply to residential tenants covered by Civil
Code Section 1946.2, as well as to residential real properties that
have been issued certificates of occupancy within the previous fifteen
years; to increase the amount of relocation benefits available to
tenants; and that those provisions of this chapter which differ from
Civil Code Section 1946.2 supplement and are more protective of residential
tenants than Civil Code Section 1946.2.
(Ord. 3215-23 § 1)
When used in this chapter, these terms mean the following:
for purposes of this chapter is defined as the at-fault causes
set forth in Civil Code Section 1946.2(b)(1) and the no-fault causes
set forth in Civil Code Section 1946.2(b)(2).
means any person, acting as principal or through an agent,
having the right to offer residential real property for rent, and
includes a predecessor in interest to the owner.
means all periodic payments and all nonmonetary consideration,
including, but not limited to, the fair market value of goods, labor
performed or services rendered to or for the benefit of the tenant
under a rental agreement concerning the use and occupancy of a residential
real property and all attendant housing services, including all payments
and consideration demanded or paid for parking, utility charges (if
included in the rental amount paid by the tenant to the owner), pets,
furniture and other benefits, privileges or facilities connected with
the use or occupancy of the residential real property.
means any dwelling unit that is intended for human habitation,
including any dwelling or unit in a mobile home park that is not owner-occupied.
However, residential real property as used in this chapter
shall not include residential real properties
or residential circumstances referenced in Civil Code Section 1946.2(e)(1)
through (6) and (8).
means the lawful occupation of residential real property
and includes a lease or sublease.
means any individual or household who lawfully occupies residential
real property including a subtenant.
(Ord. 3215-23 § 1)
(a)
This chapter adopts and incorporates by reference Civil Code Section
1946.2 in the Municipal Code in its entirety and as such statute may
be amended from time to time, except for Civil Code Section 1946.2(e)(7),
which is specifically excluded, and except for any other provisions
that directly conflicts with this chapter.
(b)
It is expressly intended that this chapter shall apply to residential
real property regardless of when the certificate of occupancy has
been issued, including residential real property for which a certificate
of occupancy has been issued within the previous fifteen years.
(Ord. 3215-23 § 1)
(a)
Notice to Terminate Tenancy. Owners shall provide tenants written notice of the relocation assistance available to the tenant pursuant to Section 19.71.050 for any no-fault just cause eviction as defined in Civil Code Section 1946.2(b)(2) no less than thirty days prior to the issuance of a notice of termination, unless the eviction is required by an order issued by a government agency and necessitates vacating the residential real property in a time sensitive manner.
(b)
An owner's failure to strictly comply with this section shall render
the notice of termination void.
(Ord. 3215-23 § 1)
(a)
For a tenancy for which just cause is required to terminate the tenancy
under Civil Code Section 1946.2(b)(2) (no-fault just cause), the owner
shall be obligated to provide the tenant with relocation assistance
in accordance with this section.
(b)
The amount of relocation assistance provided to tenants for a no-fault
just cause eviction shall be equal to two times the tenant's monthly
rent that was in effect when the owner issued the notice of intent
to terminate the tenancy.
(c)
The owner shall provide one-half of the relocation assistance owed to the tenant within fifteen calendar days of service of the notice to terminate the tenancy. The remaining one-half of the relocation assistance may be provided either: (1) in the form of a waiver of rent equivalent to one month towards the final month of tenancy, so long as the tenant has not previously paid the final month's rent; or (2) a payment in cash or money order paid no later than the date the tenant vacates the residential real property. If the owner elects to waive the rent for the final month of tenancy, then the notice of relocation benefits provided pursuant to Section 19.71.040 shall state the amount of rent waived and that no rent is due for the final month of the tenancy.
(Ord. 3215-23 § 1)
(a)
One-Year Lease Term. If a prospective tenant or existing tenant identified under subsection (e) and (f) of this section wishes to rent residential real property from an owner and if said owner wishes to rent said residential real property to said prospective tenant, the owner must offer to the prospective tenant a written lease which has a minimum term of one year. Such offer must be made in writing. If the prospective tenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing. Signing a lease which has a minimum term of one year will be considered an offer if signed by the owner, and an acceptance if countersigned by the prospective tenant. If the prospective tenant rejects the offer for a written lease which has a minimum term of one year, such rejection must be in writing. Writing shall be defined as written notice or email. This written notice shall include, but is not limited to, the length of rental term offered and rental rate. Acceptance or denial of this offer shall include signature of both tenant and owner, which signature maybe via electronic signatures.
(b)
Shorter Lease Term. If said prospective tenant or existing tenant identified under subsection (e) of this section rejects the offer for a written lease which has a minimum term of twelve months as provided in subsection (a) of this section, said owner and said prospective tenant may then enter into a written lease that provides for a term of fewer than 12 months, including a month to month lease term.
(c)
Tenant Selected Lease Term. If owner offers an upfront menu of lease
terms to tenant prior to lease acceptance, that shall satisfy this
section. The menu of term options shall allow the tenant the choice
of the minimum number of options as follows: one month, three months, six months, twelve months. This chapter shall not cap the maximum term length that may be offered by the owner through this style of lease term offer. The menu of term options can be presented to the tenant digitally through a rental software or rental website, or through a written form where the tenant selects the term length when applying for the residential real property. If the owner offers this style of a menu of term options, the owner is not required to comply with subsections (a) and (b) of this section.
(d)
Rejection. It is the tenant's responsibility to accept or reject
the offer of a written lease in writing within five calendar days
of service of the written offer. If the tenant or prospective tenant
rejects the offer for a written lease which has a minimum term of
one year, then the owner and tenant or prospective tenant may enter
into an agreement, oral or written, that provides for a rental term
of less than one year. Failure to accept or reject shall allow owner
to offer a lease to another tenant.
(e)
Renewal of Lease. If both the owner and tenant wish to continue the rental relationship, upon the expiration of a written lease or rental agreement which has a term other than month to month, a written lease shall be offered again in accordance with the procedures set forth in subsections (a) through (c) of this section. The owner shall have no obligation to re-offer a tenant a one-year lease term if the tenant has previously rejected such offer(s) in accordance with the procedures set forth in subsections (a) through (c) of this section and has a written lease with a term of fewer than six months.
(f)
Existing Month to Month Tenancies. Within one hundred twenty days of the effective date of the ordinance codified in this chapter, any existing month to month tenant renting residential real property as of the effective date of this chapter may request a written lease with a minimum term of one year, provided such tenant has not previously received a written notice of lease or rental agreement violation pursuant to Code of Civil Procedure Section 1161 and such violation remains uncured. The tenant shall make such a request in writing, as defined in subsection (a) of this section. The owner shall, upon receipt of such notice, offer to said tenant a written lease on terms substantially similar to those of the existing rental arrangement (except as to length of term) in accordance with the procedures set forth in this section, as applicable.
(g)
Good Faith. This chapter requires the exercise of good faith, which
shall mean honestly and without fraud, collusion or deceit. It shall
further mean that the written lease is not being utilized as a method
of circumventing any of the provisions of this chapter. An example
of good faith is when the owner offers in writing a lease which has
a minimum term of one year, that lease is substantially similar to
the written rental agreement for a period of less than one year.
(h)
Exemptions. This section shall not apply to the following:
(1)
Residential real property that is exempt from the just cause eviction
protections set forth in Civil Code Section 1946.2, except for Civil
Code Section 1946.2(e)(7), because it is expressly intended that this
section shall apply to residential real property regardless of when
the certificate of occupancy has been issued including residential
real property for which a certificate of occupancy has been issued
within the previous fifteen years.
(Ord. 3215-23 § 1)
(a)
An owner of residential real property subject to this chapter shall
provide written notice to the tenant as follows:
(1)
For any tenancy commenced or renewed on or after the effective date
of the ordinance codified in this chapter, as an addendum to the lease
or rental agreement, or as a written notice signed by the tenant,
with a copy provided to the tenant.
(2)
For any tenancy existing prior to the effective date of the ordinance
codified in this chapter, by written notice to the tenant no later
than sixty days after the effective date of said ordinance, or as
an addendum to the lease or rental agreement.
(b)
On or before June 15, 2023, the director of community development shall develop sample language for the lease provision as well as a sample written notice referenced in subsection (a) above. Owners may use either the sample language for the lease provision or the sample written notice to comply with the requirements of subsection (a) above. In addition, the lease provision or written notice shall be in lettering no less than twelve point type.
(c)
Manner of Notice. Owners must provide the notice to tenants in writing
if the application and lease are processed in writing, electronically
if the application and/or lease are processed electronically, or both
if both methods are utilized. The provision of the notice shall be
subject to Civil Code Section 1632.
(d)
Posting Requirement. Owners must prominently display in lettering no less than twelve point type a poster that summarizes the ordinance codified in this chapter and the Tenant Protection Act of 2019 (Assembly Bill 1482), and provides contact information for the city of Sunnyvale Housing Division. The postings must be placed in conspicuous areas under the owner's control where all tenants can easily see and read such postings. On or before June 15, 2023, the director of community development shall develop a sample posting that the owners may use to comply with the requirements of this subsection (d). The posting shall be available on the city of Sunnyvale Housing Division's Internet Web site so that it is accessible to any member of the public.
(Ord. 3215-23 § 1)
An owner is prohibited from retaliating against a tenant for
lawfully and peaceably exercising their legal rights. No owner may
take any action increasing any rental amount, reducing any service,
causing the tenant to involuntarily quit the premises, or discriminating
against the tenant because of the tenant's use of any remedy provided
by this chapter.
(Ord. 3215-23 § 1)
Any waiver or purported waiver by a tenant of their rights under this chapter prior to the time when such rights may be exercised, except a rejection of a written lease which has a minimum term of one year in accordance with the procedures set forth in Section 19.71.060 (Requirement to offer written lease—Minimum lease terms) shall be void and unenforceable as contrary to public policy.
(Ord. 3215-23 § 1)
In the event of a violation of this chapter, a residential tenant
may institute a civil proceeding for injunctive relief, money damages,
and whatever other relief the court deems appropriate. The remedy
available under this section shall be in addition to any other existing
remedies which may be available to the residential tenant under local,
county, state or federal law. In addition, this chapter grants a defense
to eviction to any unlawful detainer actions in violation of this
chapter.
(Ord. 3215-23 § 1)
