The purposes of this Article are to: preserve the stability
of housing, neighborhoods, and the community; maintain social and
economic diversity; avert homelessness; and effectuate the City of
Santa Monica’s housing policies. This Article will achieve those
purposes by protecting tenants against arbitrary, unreasonable, discriminatory
and retaliatory evictions, while recognizing the rights of rental
property owners, and will thereby preserve the public health, safety
and welfare.
(Approved by the voters at the 11/2/2010 election)
Whereas, there is a severe shortage of affordable rental housing
in Santa Monica and the cost of market rate rental housing continues
to soar; and
Whereas, tenants living in uncontrolled units currently have
no protections against unjust evictions, including evictions based
on relatively minor and correctable violations of rental agreements;
and
Whereas, while many landlords treat tenants fairly, others arbitrarily
and unjustly evict tenants; and
Whereas, some unjust evictions are based on relatively minor
and correctable rental agreement violations; and
Whereas, other unjust evictions are undertaken without a stated
cause but are actually motivated by discriminatory intent; and
Whereas, without just cause protections, many tenants are afraid
to assert their rights; and
Whereas, once evicted, many Santa Monica residents cannot find
replacement housing within the City; and
Whereas, unjust eviction thus forces many tenants out of the
City, causing them to lose both their homes and their community; and
Whereas, for many tenants, particularly those who are elderly,
disabled or very ill, the consequences can be devastating, both physically
and emotionally, and can even threaten their lives; and
Whereas, in addition to harming the tenants, these circumstances
also injure the City as a whole because community stability and diversity
are lost; and
Whereas, adopting Charter provisions that will require just
cause to evict tenants from uncontrolled units, require warning notices
for rental agreement violations and protect elderly, disabled and
terminally ill tenants from owner occupancy evictions will protect
both tenants and the community and will effectuate City policies that
require preserving affordable and fair housing and stemming the tide
of homelessness; and
Whereas, these Charter provisions will not unfairly impact landlords
who will remain able to evict tenants for nonpayment of rent, unaddressed
rental agreement violations, and will also be able to evict even the
most vulnerable tenants for owner occupancy if the proposed owner
occupant is elderly, disabled or terminally ill.
Therefore, the electorate of the City of Santa Monica hereby
enacts this Charter amendment, prohibiting a landlord from terminating
a tenancy without good or just cause.
(Approved by the voters at the 11/2/2010 election)
The following words or phrases as used in this Article shall
have the following meanings:
All residential rental units in the City of Santa Monica
except those units that are subject to rent control pursuant to Article
XVIII of this Charter or are single-family homes.
An 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.
All periodic payments and all nonmonetary consideration including,
but not limited to, the fair market value of goods or services rendered
to or for the benefit of the landlord under an agreement concerning
the use or occupancy of a rental unit and premises including all payment
and consideration demanded or paid for parking, pets, furniture, subletting
and security deposits for damages and cleaning.
An agreement, oral, written or implied, between a landlord
and tenant for use or occupancy of a rental unit and for housing services.
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.
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.
All rental units on a parcel or lot or contiguous parcels
or contiguous lots under common ownership.
A property that has been developed with only one dwelling
and any lawful accessory structures, or a lawfully created condominium,
stock cooperative or similar unit that is part of a larger residential
structure or complex.
(Approved by the voters at the 11/2/2010 election)
This Article shall not apply to the following types of rental
units:
(1)
Rental
units in hotels, motels, inns, tourist homes and rooming and boarding
houses which are rented primarily to transient guests for a period
of less than fourteen (14) days.
(2)
Rental
units in any hospital, convent, monastery, extended medical care facility,
asylum, non-profit home for seniors, or dormitory owned and operated
by an institution of higher education.
(3)
Rental
units which a government unit, agency or authority owns, operates,
manages, or in which governmentally subsidized tenants reside only
if applicable Federal or State law or administrative regulation specially
exempt such units from municipal control.
(4)
Where
a unit is actually used for purposes of providing, on a nonprofit
basis, child care of other residential social services in accordance
with applicable laws. This exemption shall expire when the use upon
which exemption is based ceases. This exemption shall only apply to
units as they become vacant. This exemption shall not be construed
to authorize the eviction of any tenant. The City may adopt regulations
to determine whether a unit qualifies for an exemption under this
Section.
(Approved by the voters at the 11/2/2010 election)
(a)
No
landlord shall take action to terminate a tenancy in a nonrentcontrolled
rental unit including, but not limited to, making a demand for possession
of a rental unit, threatening to terminate a tenancy, serving any
notice to quit or other eviction notice or bringing any action to
recover possession or be granted recovery of possession of the unit
except on one of the following grounds:
(1)
The tenant has failed to pay the rent to which the landlord is entitled
under the rental housing agreement.
(2)
The tenant has continued, after written notice to cease, to commit
a material and substantial breach of an obligation or covenant of
his or her tenancy which the landlord has not waived either expressly
or impliedly through the landlord’s conduct and which the landlord
is not estopped from asserting, other than the obligation to surrender
possession upon proper notice. Notwithstanding any contrary provision
in this Section, and notwithstanding any contrary provision in the
rental housing agreement, a landlord shall not take any action to
terminate a tenancy based on a tenant’s sublease of the unit
if the following requirements are met:
(i)
The tenant continues to reside in the rental unit.
(ii)
The sublease replaces a departed tenant(s) under the rental
agreement on a one-for-one basis.
(iii)
The landlord has unreasonably withheld the right to sublease
following written request by the tenant. If the landlord fails to
respond to the tenant in writing within fourteen (14) days of receipt
of the tenant’s written request, the tenant’s request
shall be deemed approved by the landlord.
(3)
The tenant has continued, after written notice to cease, to commit
or expressly permit a nuisance in, or cause substantial damage to,
the rental unit; or to create a substantial interference with the
comfort, safety, or enjoyment of the landlord or other occupants or
neighbors of the same.
(4)
The tenant is convicted of using or expressly permitting a rental
unit to be used for any illegal purpose.
(5)
The tenant, who had a rental housing agreement which had terminated,
has refused, after written request or demand by the landlord, to execute
a written extension or renewal thereof for a further term of like
duration and in such terms as are not inconsistent with or violative
of any provisions of this Article and are materially the same as in
the previous agreement with the exception of any lawful change in
the amount of rent.
(6)
The tenant has continued to refused, after written notice, to grant
the landlord reasonable access to the rental unit for the purposes
of making necessary repairs or improvements required by the laws of
the United States, the State of California or any subdivision thereof
or for the purpose of showing the rental housing to any prospective
purchaser or mortgagee.
(7)
The tenant holding over at the end of the term of the rental housing
agreement is a subtenant not approved by the landlord or, in the case
of a deed restricted or some other affordable unit, is an unqualified
subtenant or a tenant who is otherwise ineligible to occupy the unit.
(8)
The landlord seeks to recover possession in good faith for use and
occupancy by herself or himself, or her or his children, parents,
grandparents, brother, sister, father-in-law, mother-in-law, son-in-law,
or daughter-in-law. For purposes of evictions under this Subsection:
(i)
A “landlord” shall be defined as a natural person who
has at least a fifty (50) percent ownership interest in the property.
(ii)
No eviction may take place if any landlord or enumerated relative
already occupies one unit on the property, or if a vacancy already
exists on the property and the vacant unit is comparable to the unit
for which eviction is sought. Where the vacant unit is determined
not to be comparable, thereby permitting eviction under this Subsection,
the evicted tenant or tenants shall be first given the right to occupy
the vacant unit. The City may promulgate regulations defining when
a unit is comparable for purposes of this paragraph.
(iii)
The notice terminating tenancy shall contain the name, address
and relationship to the landlord of the person intended to occupy.
(iv)
The landlord or enumerated relative must intend in good faith
to move into the unit within thirty (30) days after the tenant vacates
and to occupy the unit as a primary residence for at least one year.
The City may adopt regulations governing the determination of good
faith.
(v)
If the landlord or relative specified
on the notice terminating tenancy fails to occupy the unit within
thirty (30) days after the tenant vacates, the landlord shall:
(vi)
A landlord may not evict a tenant pursuant to this Subsection
if the tenant (A) has resided in the unit for at least five years
and is either at least 62 years old or disabled; or (B) is certified
as being terminally ill by the tenant’s treating physician.
For purposes of this subsection, “disabled” means a person
who is receiving benefits from a federal, state, or local government,
or from a private entity, on account of a permanent disability that
prevents the person from engaging in regular, full-time employment.
Notwithstanding the above, a landlord may evict a tenant who
qualifies for the exemption if the landlord or enumerated relative
who will occupy the unit also meets the criteria for this exemption.
(9)
The landlord intends to withdraw all rental-units in all buildings
or structures on a parcel of land from the rental market.
(b)
Any written notice as described in Subsections (a)(2), (3) or (6) shall be served by the landlord a reasonable period prior to serving a notice to terminate tenancy and shall inform the tenant that a failure to cure may result in the initiation of eviction proceedings.
(c)
Notwithstanding
any contrary provision in this Section or in the rental housing agreement,
if the tenant’s spouse, child(ren), and/or domestic partner
who has filed an Affidavit of Domestic Partnership with the City have
lived in the unit for at least one year at the time the tenant vacates
the unit due to death or incapacitation, the landlord is prohibited
from taking any action to obtain possession of the unit from the tenant’s
spouse, child(ren), and/or registered domestic partner on the ground
that the spouse, child(ren) and/or registered domestic partner are
not authorized to occupy the unit.
(d)
Notwithstanding
the above provisions, possession shall not be granted if it is determined
that the eviction is in retaliation for the tenant reporting violations
of this Article, or for exercising rights granted under this Article.
(e)
In
any notice purporting to terminate tenancy the landlord shall state
the cause for the termination, and in any action brought to recover
possession of a nonrentcontrolled rental unit, the landlord shall
allege and prove compliance with this Section.
(f)
Failure
to comply with any requirement of this Section may be asserted as
an affirmative defense in an action brought by the landlord to recover
possession of the unit. Additionally, any attempt to recover possession
of a unit in violation of this Article shall render the landlord liable
to the tenant for actual and punitive damages, including damages for
emotional distress, in a civil action for wrongful eviction. The tenant
or the City may seek injunctive relief and money damages for wrongful
eviction. The prevailing party in an action for wrongful eviction
shall recover costs and reasonable attorneys’ fees.
(Approved by the voters at the 11/2/2010 election)
The City Council may exercise its broad authority to protect
community health, safety and welfare by, among other things, adopting
ordinances, resolutions or regulations to implement and effectuate
the provisions of this Article, including, but not limited to, provisions
relating to exemptions, just cause, notices, comparability of units,
and good faith. Additionally, the City Council may create any administrative
mechanisms it deems necessary for this Article’s implementation.
(Approved by the voters at the 11/2/2010 election)
Any provision in a rental agreement that purports to waive or
modify any provision of this Article is contrary to public policy
and is void.
(Approved by the voters at the 11/2/2010 election)
If any provision of this Article or application thereof to any
person or circumstances is held invalid, this invalidity shall not
affect other provisions or applications of this Article which can
be given effect without the invalid provision or application, and
to this end the provisions of this Article are declared to be severable.
This Article shall be liberally construed to achieve the purposes
of this Article and to preserve its validity.
(Approved by the voters at the 11/2/2010 election)
Failure to comply with any requirement of this Section may be
asserted as an affirmative defense in an action brought by the landlord
to recover possession of the unit. Additionally, any attempt to recover
possession of a unit in violation of this Article shall render the
landlord liable to the tenant for actual and punitive damages, including
damages for emotional distress, in a civil action for wrongful eviction.
The tenant or the City may seek injunctive relief and money damages
for wrongful eviction. The prevailing party in an action for wrongful
eviction shall recover costs and reasonable attorneys’ fees.
(Approved by the voters at the 11/2/2010 election)
Any landlord violating this Article shall be guilty of a misdemeanor.
Any person convicted of a misdemeanor under the provisions of this
Article shall be punished by a fine of not more than five hundred
($500.00) dollars or by imprisonment in the county jail for a period
not exceeding six months, or by both such fine and imprisonment.
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CERTIFICATE
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CERTIFICATE
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WHEREAS, the City of Santa Monica, for years last past, has
been and now is a city containing more than three thousand five hundred
(3,500) inhabitants, as ascertained by the last preceding census taken
under the authority of the Congress of the United States or of the
Legislature of the State of California; and
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WHEREAS, on the 4th day of December, 1945, at a municipal election
duly and regularly held on that day in that City under and in accordance
with the provisions of Section 8 of Article XI of the Constitution
of the State of California, the electors of said City did duly choose
and elect
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BEN A. BARNARD
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JEAN LESLIE CORNETT
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SAMUEL J. CRAWFORD
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JOHN W. FISHER
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MARK T. GATES
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MARTIN GOODFRIEND
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ELLETT. HARDING
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MARSHALL HICKSON
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CHARLES EDWIN HILLS
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LOUIS E. MAHONEY
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FLORINE S. MAULE
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HOWARD P. McCONNELL
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EARL NITTINGER
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MILAN E. RYAN
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VIVIAN I. WILKEN
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who are all electors of said City and eligible as candidates
under said section, a Board of fifteen (15) Freeholders to prepare
a Charter for the government of said City; and
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WHEREAS, the result of said election of Freeholders was duly
declared by the legislative body of the City of Santa Monica on the
11th day of December, 1945, and said electors thereafter duly qualified
as such Freeholders in accordance with law;
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BE IT KNOWN that in pursuance of the provisions of said Constitution
and within the period of one year after the result of said election
was so declared, the Board of Freeholders has prepared and does now
propose the foregoing Charter as the Charter for the government of
the City of Santa Monica; and
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BE IT FURTHER KNOWN that said Board of Freeholders hereby requests
said legislative body of the City of Santa Monica to cause the publication
of said proposed Charter as provided in said Constitution and does
hereby fix and designate Tuesday, the 5th day of November, 1946, as
the date for the election at which the proposed Charter shall be submitted
to the qualified electors of the City of Santa Monica for their ratification
and adoption;
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IN WITNESS WHEREOF, we, the duly elected, qualified and undersigned
Freeholders of the City of Santa Monica, County of Los Angeles, State
of California, have hereunto set our hands at the City of Santa Monica,
County of Los Angeles, State of California, this 15th day of August,
1946.
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SAMUEL
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JEAN LESLIE CORNETT, Secretary
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BEN A. BARNARD
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JOHN W. FISHER
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MARK T. GATES
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MARTIN
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ELLETT. HARDING
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MARSHALL
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CHARLES
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LOUIS E. MAHONEY
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FLORENCE
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HOWARD
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EARL NITTINGER
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MILAN
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VIVIAN
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Freeholders of the City of Santa Monica, County of Los Angeles,
State of California.
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ATTEST:
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JEAN LESLIE CORNETT,
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Secretary of the Board of Freeholders
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(Approved by the voters at the 11/2/2010 election)
