In compliance with subdivision (g)(1)(B) of California Civil Code Section 1946.2, the city council for the city of Buena Park finds and declares that:
A. 
The provisions of this chapter requiring "just cause" for termination of a residential tenancy are consistent with Section 1946.2 of the Civil Code; and
B. 
The provisions of this chapter are more protective than Section 1946.2 of the Civil Code by providing for higher relocation assistance and the imposition of civil penalties in specified circumstances, and by including additional tenant protections that are not prohibited by any other provision of law.
(Ord. 1721 § 1, 2023)
In addition to the terms and phases otherwise defined in this chapter, the following terms shall have the meaning given:
"Owner"
includes 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, except that this term does not include the owner or operator of a mobilehome park, or the owner of a mobilehome or his or her agent.
"Residential real property"
includes any dwelling or unit that is intended for human habitation.
"Tenancy"
means the lawful occupation of residential real property and includes a lease or sublease, and "tenant" means an individual in lawful occupation of residential real property and includes a lease or sublease.
(Ord. 1721 § 1, 2023)
A. 
Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for twelve months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for twenty-four months, then this subdivision shall only apply if either of the following are satisfied:
1. 
All of the tenants have continuously and lawfully occupied the residential real property for twelve months or more.
2. 
One or more tenants have continuously and lawfully occupied the residential real property for twenty-four months or more.
B. 
For purposes of this chapter, "just cause" includes either at-fault just cause or no-fault just cause:
1. 
"At-fault just cause" includes any of the following:
a. 
Default in the payment of rent.
b. 
A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the California Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
c. 
Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
d. 
Committing waste as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
e. 
The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this chapter or any other provision of law.
f. 
Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the California Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property.
g. 
Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
h. 
The tenant's refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of the California Civil Code, and Sections 13113.7 and 17926.1 of the California Health and Safety Code.
i. 
Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the California Code of Civil Procedure.
j. 
The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the California Code of Civil Procedure.
k. 
When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the California Civil Code of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the California Code of Civil Procedure.
2. 
"No-fault just cause" includes any of the following:
a. 
Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.
i. 
For leases entered into on or after July 1, 2020, subsection (B)(2)(a) of this section shall apply unless the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property.
ii. 
The addition of a provision allowing the owner to terminate the lease as described in subsection (B)(2)(a) of this section to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subsection (B)(1)(e) of this section.
b. 
Withdrawal of the residential real property from the rental market.
c. 
The owner complying with any of the following:
i. 
An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
ii. 
An order issued by a government agency or court to vacate the residential real property.
iii. 
A local ordinance that necessitates vacating the residential real property.
d. 
Intent to demolish or to substantially remodel the residential real property.
i. 
For purposes of this chapter, "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 thirty 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 a substantial model.
ii. 
Before an owner of residential real property issues a notice to terminate a tenancy for no-fault just cause described in subsection (B)(2)(d) of this section, the owner shall have obtained all necessary permits for the demolition or remodeling work from all applicable governmental agencies. In the case of a permit issued by the city, the permit issuance will be conditioned upon the owner providing a complete list of all tenants whose tenancies will be terminated in connection with the permitted work.
(Ord. 1721 § 1, 2023)
A. 
Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the lease violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the California Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
B. 
If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall include written notice of the tenant's right to relocation assistance or rent waiver pursuant to Section 8.60.050 of this chapter. If the owner elects to waive the rent for the final month(s) under subsection (A)(2) of Section 8.60.050, the notice shall state the amount of rent waived and that no rent is due for the final month (or months) of the tenancy.
C. 
If an owner issues a notice to terminate a tenancy for no-fault just cause as described in subsection (B)(2)(d) of Section 8.60.030 (intent to demolish or substantially remodel), the owner shall, in addition to complying with subsection B of this section, include the following with the written notice as applicable:
1. 
A true and correct copy of all permits issued for demolition work;
2. 
A copy of all issued permits for remodeling work and reasonably detailed information regarding each of the following:
a. 
A description of the scope of the substantial remodeling work;
b. 
An explanation for why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and
c. 
An explanation for why the work requires the tenant to vacate for at least thirty days.
D. 
An owner's failure to strictly comply with this section shall render the notice of termination void.
(Ord. 1721 § 1, 2023)
A. 
For a tenancy for which just cause is required to terminate the tenancy under subsection A of Section 8.60.030, if an owner of residential real property issues a termination notice based on a no-fault just cause described in subsection (B)(2) of Section 8.60.030 (no-fault just cause), the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:
1. 
Assist the tenant to relocate by providing a direct payment to the tenant as described in subsection B of this section.
2. 
Waive in writing the payment of rent in an amount equal to that described in subsection B of this section for the final month, or months if applicable, of the tenancy prior to the rent becoming due.
B. 
The amount of relocation assistance or rent wavier shall be equal to one month of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy; provided that, if the tenancy is terminated for no-fault just cause as described in subsection (B)(2)(d) of Section 8.60.030 (intent to demolish or substantially remodel), the amount of relocation assistance or rent waiver shall instead be equal to the greater of four thousand five hundred dollars or two months of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy.
C. 
Any relocation assistance required by this section shall be provided within fifteen calendar days of service of the notice.
D. 
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 pursuant to this section shall be recoverable as damages in an action to recover possession.
E. 
Notwithstanding the provisions of this section, if it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under subsection (B)(2)(c) of Section 8.60.030 (owner compliance with court or government order), the tenant shall not be entitled to relocation assistance.
F. 
The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law.
G. 
An owner's failure to strictly comply with subsections A, B and C of this section shall render the notice of termination void.
(Ord. 1721 § 1, 2023)
An owner of residential real property that is subject to this chapter shall provide notice to the tenant as follows:
A. 
For any tenancy commenced or renewed on or after July 1, 2020, 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.
B. 
For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
C. 
The notification or lease provision shall be in no less than twelve-point type and shall include the following:
"California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for twelve months or more or at least one of the tenants has continuously and lawfully occupied the property for twenty-four months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information."
D. 
For a tenancy commenced or renewed after August 1, 2023, the final sentence of the written notice tenant or lease provision shall read as follows: "See Section 1946.2 of the Civil Code and Chapter 8.60 of the Buena Park Municipal Code for more information." An owner's failure to comply with this subsection D shall not be grounds for invalidating the notice or lease or give rise to a penalty.
E. 
The provision of the notice shall be subject to Section 1632 of the California Civil Code.
(Ord. 1721 § 1, 2023)
This chapter shall not apply to the following types of residential real properties or residential circumstances:
A. 
Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the California Civil Code.
B. 
Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the California Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the California State Department of Social Services.
C. 
Dormitories owned and operated by an institution of higher education or a kindergarten and grades one to twelve, inclusive, school.
D. 
Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
E. 
Single-family owner-occupied residences, including a residence in which the owner-occupant 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.
F. 
A property containing two separate dwelling units within a single structure 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, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
G. 
Housing that has been issued a certificate of occupancy within the previous fifteen years.
H. 
Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
1. 
The owner is not any of the following:
a. 
A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
b. 
A corporation.
c. 
A limited liability company in which at least one member is a corporation.
2. 
The tenants have been provided written notice that the residential property is exempt from this chapter using the following statement:
"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
a. 
For a tenancy existing before July 1, 2020, the notice required under subsection (H)(2) of this section may, but is not required to, be provided in the rental agreement.
b. 
For any tenancy commenced or renewed on or after July 1, 2020, the notice required by subsection (H)(2) of this section must be provided in the rental agreement.
c. 
For any tenancy commenced or renewed on or after August 1, 2023, the notice required by subsection (H)(2) of this section may reference this chapter and read as follows:
"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code or Chapter 8.60 of the Buena Park Municipal Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code, and Section 8.60.070(H) of the Buena Park Municipal Code, and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
d. 
Addition of a provision containing the notice required under subsection (H)(2) of this section to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subsection (B)(1)(e) of Section 8.60.030.
I. 
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 of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the California Health and Safety Code or comparable federal statutes.
(Ord. 1721 § 1, 2023)
Any owner of residential real property who intentionally violates this chapter when issuing an invalid termination notice pursuant to subsection (B)(2)(d) of Section 8.60.030 (intent to demolish or substantially remodel) shall be liable to the tenant for a civil penalty in an amount not to exceed fifteen thousand dollars, and/or reasonable attorney's fees and costs, each as determined by the court. A tenant may enforce the provisions of this chapter by means of a civil action.
(Ord. 1721 § 1, 2023)