This chapter is consistent with the Tenant Protection Action
of 2019, Assembly Bill 1482 (2019-2020), which is generally codified
in Sections 1946.2, 1947.12, and 1947.13 of the California
Civil Code
("AB 1482"). It is the City's intent that its residential tenants
be afforded the strongest protections available under the law. This
chapter is more protective than AB 1482's just cause eviction provisions
set forth in Section 1946.2 of the California
Civil Code.
As authorized by subsection (g) of Section 1946.2, this chapter
provides for higher relocation assistance amounts and additional tenant
protections for "no-fault just cause" evictions based on a property
owner's intent to "substantially remodel" or demolish the residential
real property. In all other respects, this chapter is identical to
Section 1946.2 of the California
Civil Code, as amended from time
to time or replaced by a successor statute.
If any other governmental entity (including, without limitation,
the United States Government, the State of California, and the County
of Los Angeles) adopts stronger tenant protections that apply to residential
tenants in the City of Claremont, then the stronger tenant protections
shall prevail, and the City shall not enforce conflicting tenant protections
in this chapter.
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If an owner of residential real property issues a termination
notice based on a "no-fault just cause" (as defined in subsection
(b)(2) of Section 1946.2 of the California
Civil Code, as amended
from time to time or replaced by a successor statute), the owner shall
provide relocation assistance in accordance with AB 1482's just cause
eviction provisions set forth in subsection (d) of Section 1946.2
of the California
Civil Code, as amended from time to time or replaced
by a successor statute, provided however, the amount of relocation
assistance shall be increased to at least equal to three months of
the tenant's rent that was in effect when the owner issued the notice
to terminate the tenancy.
An owner's failure to strictly comply with this section shall
render the notice of termination void and shall be an affirmative
defense to an unlawful detainer action.
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If any provision of this chapter is found to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, that
invalidity shall not affect the remaining provisions of this chapter
which can be implemented without the invalid provisions, and to this
end, the provisions of this chapter are declared to be severable.
The City Council hereby declares that it would have adopted this chapter
and each provision thereof irrespective of whether any one or more
provisions are found invalid, unconstitutional or otherwise unenforceable.
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