This chapter shall be known as the "Rent Stabilization Ordinance"
of the City of Ojai.
(§ 1, Ord. 937, eff. April 27, 2023)
The City Council of the City of Ojai finds:
(a)
Rents
throughout the Ventura County region continue to rise as market pressures,
such as increasing real estate costs, lead to a decrease of the affordability
and stability of the housing stock. As a result, it is increasingly
difficult for tenants to find adequate, safe, and habitable housing
at reasonable rents.
(b)
The
purposes of this chapter are to promote long-term stability and certainty
for tenants in the rental market while providing landlords an ability
to receive a fair and reasonable return with respect to the operation
of their property. This chapter regulates rents and requires landlords
to register rental property, establishes an administrative hearing
process, and provides for procedures and guidelines for the implementation
of this chapter.
(c)
The
City Council hereby finds that a comprehensive rent stabilization
ordinance is required to protect tenants from unreasonable and excessive
rents, to protect tenants from involuntary displacement, to keep rents
within the City at a moderate level and at the same time to ensure
a just and reasonable return to landlords.
(§ 1, Ord. 937, eff. April 27, 2023)
The Ojai Municipal Code.
The Community Development Director of the City of Ojai, or
his or her designee.
Any dwelling unit as defined in California Civil Code Section
1940(c), including joint living and work quarters, located within
the jurisdictional boundaries of the City of Ojai and used for human
habitation in consideration of payment of rent, whether or not such
use is legally permitted.
Any action to terminate a tenancy, lease or rental agreement,
including, but not limited to, the following: serving any notice attempting
to terminate any tenancy, lease or rental agreement, threatening to
terminate any tenancy, lease or rental agreement, demanding possession
of a rental unit, or serving any notice to quit or vacate or any other
eviction notice. Termination of tenancy shall have the same meaning.
An owner, lessor, or sublessor who receives or is entitled
to receive rent for the use and occupancy of any rental unit or portion
thereof, and the representative, agent, or successor of such owner,
lessor, or sublessor.
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 residential real property, including,
but not limited to, all payment and consideration demanded or paid
for parking, pets, furniture, and subletting
Any rental unit that is not exempt from the City's rent stabilization provisions under Section 11-1.08.
The legal right of a tenant to the use or occupancy of the
rental unit.
A person entitled, by a rental agreement, or by sufferance,
or by this Code or State or Federal law, to the use or occupancy of
any rental unit.
(§ 1, Ord. 937, eff. April 27, 2023)
Increases in rent for any rental unit in the City in excess
of 4%, and more than one rent increase in any 12 month period, are
prohibited, unless expressly exempt under this Code, the Costa-Hawkins
Rental Housing Act codified in California Civil Code Section 1954.50,
et seq., or any other applicable law.
(§ 1, Ord. 937, eff. April 27, 2023)
This chapter allows for an annual adjustment of rent for any rental unit of up to 4%. The City finds such an increase provides a just and reasonable return on a landlord's property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rents and rental increases. Notwithstanding the foregoing, however, any landlord who contends that the limit on rental increases set forth in this chapter above will prevent a landlord from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in Section 11-1.04 under the procedures set forth in Section 11-1.06 and under applicable law.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
If a landlord desires to increase the rent for a rental unit in an amount greater than allowed in Section 11-1.04, and the landlord contends that the limitations on rent increases in Section 11-1.05 will prevent the landlord from receiving a fair and reasonable return with respect to the operation of the property containing the rental unit, the landlord may file a rent adjustment application with the Community Development Department to request an increase in rent beyond the amount permitted under Section 11-1.04.
(b)
The
landlord shall mail a copy of the rent adjustment application by first
class mail, postage prepaid, to all tenants whose rents are the subject
of the application within five calendar days after the date the application
is filed with the Community Development Department. Within 10 calendar
days after the date the petition is filed, the landlord shall file
a proof of service signed under penalty of perjury stating that a
copy of the petition was mailed to all such tenants.
(c)
The
tenant(s) will then have 30 days from the date of receiving the rent
adjustment application to reply or provide additional materials to
the City in response to the application.
(d)
The
landlord shall be responsible for all costs associated with the City's
review of the rent adjustment application. Upon receipt of a rent
adjustment application, the Community Development Department shall
determine the anticipated costs of review and if the employment of
expert(s) will be necessary or appropriate for a proper analysis of
the landlord's request. If the Director so determines, the Director
shall also determine the anticipated costs of employing such expert(s).
The resulting figure shall be communicated to the landlord, and the
rent adjustment application shall not be processed until the landlord
has paid to the City the estimated cost of the complete analysis.
The City will provide the landlord with an invoice of all costs incurred
after the review of the rent adjustment application. Any unused portion
of the advance payment for analysis shall be refunded to the landlord.
If additional funds are required, payment will be required before
owner receives the determination on the rent adjustment application
from the City.
(e)
It shall be a rebuttable presumption that the annual net operating income earned by a landlord on the date the ordinance adopting this chapter took effect and rent increases allowed under Sections 11-1.04 and 11-1.05, provide the landlord with a fair and reasonable return with respect to the operation of their property. A landlord shall have the burden to prove that the additional rent increase is necessary to earn a fair and reasonable return with respect to the operation of their property.
(f)
The
factors the Community Development Director may consider in deciding
a fair return petition include, but are not limited to:
(1)
Changes in the Consumer Price Index for All Urban Consumers in the
Oxnard-Thousand Oaks-Ventura Metropolitan Area published by the Bureau
of Labor Statistics;
(2)
The length of time since the last determination by the Community
Development Director on a rent increase application, or the last rent
increase if no previous rent increase application has been made;
(3)
The completion of any capital improvements or rehabilitation work
related to the rental unit specified in the rent adjustment application,
and the cost thereof, including materials, labor, construction interest,
permit fees, and other items the City Manager deems appropriate;
(4)
Changes in property taxes or other taxes related to the rental unit;
(5)
Changes in the rent paid by the landlord for the lease of the residential
real property or land on which the rental unit is located;
(6)
Changes in the utility charges for the rental unit paid by the landlord,
and the extent, if any, of reimbursement from the tenants;
(7)
Changes in reasonable operating and maintenance expenses;
(8)
The need for repairs caused by circumstances other than ordinary
wear and tear;
(9)
The amount and quality of services provided by the landlord to the
affected tenant(s).
(g)
The
Community Development Director shall hold a noticed public hearing
within 60 days of the date the application is deemed complete, including
proof of service of the rent adjustment application on the applicable
tenant(s), to consider the rent adjustment application and any information
submitted by any person, including any information submitted by the
landlord or affected tenants. A rent adjustment application shall
be decided by the Community Development Director within 60 calendar
days of the public hearing. The decision shall be emailed and sent
by mail, with proof of mailing to the subject property landlord, the
landlord's designated representative(s) for the rent adjustment application,
the applicable tenant(s), and the designated representative of the
tenant(s), if any.
(h)
The decision of the Community Development Department may be appealed to the Planning Commission pursuant to Section 11-1.16.
(i)
All
rent adjustments approved by the Community Development Director pursuant
to this section may be imposed by the landlord only after the landlord
has provided written notice to the tenant of the rent increase for
the rental unit in accordance with California Civil Code Section 827
and other applicable law.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
If
a tenant contends that a proposed or actual rent increase is not in
compliance with this chapter or that there has been a reduction in
housing services, the tenant may file a petition with the Community
Development Director. The tenant shall mail a copy of the petition
by first class mail, postage prepaid, to the landlord within five
calendar days after the date the petition is filed. Within 10 calendar
days after the date the petition is filed, the tenant shall file a
proof of service signed under penalty of perjury stating that a copy
of the petition was mailed to the Landlord. The petition shall include
a statement indicating the basis on which the tenant contends that
a proposed or actual rent increase or a proposed or actual reduction
in housing services is in violation of this chapter, together with
any evidence that the tenant wants the Director to consider.
(b)
The
tenant shall bear the burden of proving by a preponderance of the
evidence at the hearing that the rent increase or reduction in housing
services is not in compliance with this chapter.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
This
chapter shall not apply to any dwelling units expressly exempt from
rent stabilization ordinances under any applicable provision of State
or Federal law, including any unit exempted under the Costa-Hawkins
Rental Housing Act, Civil Code Section 1954.50, et seq.
(b)
Under
the Costa-Hawkins Rental Housing Act, this chapter shall not apply
to any dwelling unit that has a certificate of occupancy or equivalent
permit for residential occupancy issued after February 1, 1995. For
this purpose, certificate of occupancy is the certificate first issued
before the property is used for any residential purpose.
(c)
This
chapter shall not apply to any dwelling unit that is alienable separate
from the title to any other dwelling unit or is a subdivided interest
in a subdivision, as specified in California Business and Professions
Code Section 11004.5(b), (d) and (f), subject to the provisions of
Civil Code Section 1954.52.
(d)
Any
dwelling unit for which the landlord receives Federal, State, or local
housing subsidies, including, but not limited to, Federal Housing
Assistance Vouchers issued under Section 8 of the United States Housing
Act of 1937 line 9 (42 U.S.C. Section 1437f).
(e)
This
chapter shall not apply to any dwelling unit for which rental rates
are separately governed by deed restriction or contract with the City
or another government or non-profit entity, such as any affordable
units required under a development agreement.
(f)
This
chapter shall not apply to any dwelling unit for which rental rates
are separately regulated by applicable law, such as density bonus
affordable units for which rental rates are governed by Government
Code Section 65915, et seq., and applicable City law.
(§ 1, Ord. 937, eff. April 27, 2023)
No rent increase shall be effective if the landlord:
(a)
Fails
to substantially comply with all provisions of this chapter, including,
but not limited to, the failure to provide notices as required; or
(b)
Fails
to maintain the rental unit in compliance with California Civil Code
Section 1941.1 et seq. and California Health and Safety Code Sections
17920.3 and 17920.10; or
(c)
Fails
to make all repairs as ordered by the City or any final non-appealable
order or any court of competent jurisdiction.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
A
landlord of any rental unit subject to this chapter shall, on or before
the date of commencement of a tenancy, give the tenant a written notice
in a form prescribed by the City which must include the following
information:
(b)
As
part of any notice to increase rent, a landlord must include:
(1)
Notice of the existence of this chapter of the City Code; and
(2)
The tenant's right to respond to any rent adjustment application filed with the City by the landlord pursuant to Section 11-1.06, unless such rent increase is pursuant to an approved rent adjustment application.
|
No rent increase shall take effect until the requirements of
this chapter have been met.
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(c)
When
the landlord and tenant have entered into a written lease, the landlord
must give notices to the tenant in the language used in the lease.
When the landlord and tenant have not entered into a written lease,
the landlord must give notices to the tenant in the language that
the landlord and tenant used to negotiate the terms of the tenancy.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
It is unlawful for any person to violate or fail to comply with any provision of this chapter. The violation of any provision of this chapter shall first be punished through the use of a civil citation, prior to prosecution as a misdemeanor, infraction, or civil injunction as provided in City Code Title 1, Chapter 6, Article 1 (Administrative Citations).
(b)
Any
landlord who intentionally demands, accepts or retains any payment
in violation of the provisions of this chapter shall be liable in
a civil action to the tenant from whom such payment is demanded, accepted,
or retained for damages in the sum of three times the amount by which
the payment demanded, accepted, or retained exceeds the maximum amount
which could be lawfully demanded, accepted, or retained together with
reasonable attorneys' fees and costs as determined by the court.
(c)
The City Attorney is authorized to bring a civil action and/or proceeding for violation of this chapter, or any guideline or rule promulgated pursuant to Section 11-1.14 of this chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this chapter.
(d)
Criminal penalty. Any person lawfully convicted of violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, which shall be punishable as provided in Section 1-2.02 of this Code and other applicable law.
(e)
Separate violation. Each separate day, or any portion thereof,
during which any violation of this chapter occurs or continues, constitutes
a separate violation.
(§ 1, Ord. 937, eff. April 27, 2023)
Any tenant aggrieved by a violation of this chapter may bring
a civil suit in an appropriate State or Federal court to enforce this
chapter. Before commencing a civil suit to enforce this chapter, the
tenant shall provide at least 30 days' notice and a demand that the
person or company alleged to have committed a violation of this chapter
correct, repair, replace, or otherwise rectify the alleged violations
under this chapter. A landlord found to be in violation of this chapter
shall be liable to the aggrieved tenant for damages and for tenant's
attorneys' fees and costs. Tenants are not required to exhaust their
administrative remedies under this chapter prior to filing suit pursuant
to this section.
(§ 1, Ord. 937, eff. April 27, 2023)
Any waiver of rights under this chapter shall be void as contrary
to public policy.
(§ 1, Ord. 937, eff. April 27, 2023)
The City Manager may adopt administrative procedures and regulations
to implement the provisions of this chapter. The Director is also
authorized to administer and enforce this chapter, which may include
promulgating guidelines, procedures, and rules consistent with the
provisions of this chapter. These guidelines shall have the force
and effect of law and may be relied upon by parties to determine their
rights and responsibilities under this chapter. In administering and
enforcing this chapter, the Director may also issue subpoenas pursuant
to California Government Code Section 53060.4 and may report noncompliance
therewith to the judge of the Superior Court.
(§ 1, Ord. 937, eff. April 27, 2023)
Landlords subject to this chapter shall pay a rent stabilization
ordinance implementation fee, and any related registration, appeal,
or application fees as may be established by City Council resolution.
The rent stabilization program fee is to fund the City's costs to
implement and enforce the provisions of this chapter.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
A
landlord or an affected tenant who wishes to contest the Director's
decision on a rent adjustment application, or a landlord or tenant
who wishes to contest the Director's decision on a tenant petition
for non-compliance, or a landlord or tenant who wishes to contest
any other Director's decision under this chapter may file a request
for appeal of the Director's decision, which will be heard in accordance
with the procedures set forth in this section.
(1)
Appeals shall be submitted in writing on a request for appeal form
and filed with the Community Development Director within 15 calendar
days after the decision date identified in the notice of decision.
If the filing deadline falls on a weekend, holiday, or other day when
City Hall is officially closed, the filing deadline will extend to
the following City Hall business day.
(2)
The request for appeal shall specifically state the pertinent facts
and the basis for the appeal. A landlord who contends the requirements
of this chapter would effectuate an unconstitutional taking of property
or otherwise have an unconstitutional application to the property
must pursue that claim via an appeal to the Director.
(3)
A landlord who files a request for appeal shall do the following:
(i)
Mail a copy of the request for appeal by first class mail, postage
prepaid, to all tenants who would be subject to a rent increase, or
the tenant who filed the petition for noncompliance, as applicable,
within five calendar days after the date the request for appeal is
filed with the Community Development Director.
(ii)
Within 10 calendar days after the date the request for appeal is
filed with the Director, the landlord shall file a proof of service
signed under penalty of perjury stating that a copy of the request
for appeal was mailed to all such tenants.
(4)
A tenant who files a request for appeal shall do the following:
(i)
Mail a copy of the request for appeal by first class mail, postage
prepaid, to the landlord or landlord's agent within five calendar
days after the date the request for appeal is filed with the Director.
(ii)
Within 10 calendar days after the date the request for appeal is
filed with the Director, the tenant shall file a proof of service
signed under penalty of perjury stating that a copy of the request
for appeal was mailed to the landlord or landlord's agent.
(5)
The request for appeal shall include:
(i)
A general statement, specifying the basis for the appeal and the
specific aspect of the decision being appealed, and shall be based
upon an error in fact or dispute of findings.
(ii)
Supporting evidence substantiating the basis for the appeal.
(iii)
Any other documentation or information the appealing party wants
the Planning Commission to consider.
(b)
Hearing procedure.
(1)
A hearing on a request for appeal will be scheduled before the Planning
Commission for a date no sooner than 15 days and no later than 60
days after receipt of the request for appeal and proof of service
in compliance with the requirements this section, unless the Planning
Commission determines that good cause exists for an extension of time.
(2)
Upon setting the hearing date, the Planning Commission shall send
written notice to the appealing party of the date, time and place
set for the hearing.
(3)
If the landlord is the appealing party, upon receipt of the notice
setting the date, time and place of the hearing, the landlord shall,
in the case of a request for appeal of a rent adjustment application,
post such notice in a conspicuous place at the affected property including
the rental units that are the subject of the appeal. Such notice shall
be placed on a written instrument that is at least 11 inches in width
and 17 inches in length, and shall be placed not less than four feet
above ground level in the common area, at the entry or entries to
the building or units, or other similar location or locations as necessary
to provide tenants a reasonable opportunity to view the notice and
be advised of the hearing. Within five calendar days of receipt of
the notice of hearing, the landlord shall personally deliver a copy
of the notice to each tenant in the affected rental units. In the
case of landlord's request for appeal of a tenant petition for noncompliance,
the Planning Commission shall send a copy of the notice setting the
date, time and place of the hearing to the tenant concurrently with
sending the notice to the landlord.
(4)
If the tenant is the appealing party, the Planning Commission shall
send a copy of the notice setting the date, time and place of the
hearing to the landlord concurrently with sending the notice to the
tenant.
(5)
At the hearing, the appealing party shall be given the opportunity
to testify, call witnesses and to present evidence concerning the
appeal. The Planning Commission may also hear testimony and consider
written evidence offered by the tenants in the affected rental units
and, if a tenant is the appealing party, hear testimony and consider
written evidence offered by the landlord.
(6)
The Planning Commission may continue the hearing and request additional
information from the landlord, affected tenants, or petitioning tenant,
as applicable, prior to issuing a written decision.
(7)
All hearings conducted by the Planning Commission shall be open to
the public.
(c)
Hearing continuance. The Planning Commission may grant a
continuance of the hearing date upon a request and a showing of good
cause. The request must be made in writing and be received by the
Planning Commission at least five business days prior to the hearing
date. If the landlord is the party requesting an extension, the landlord
must personally deliver a copy of the request to the affected tenant(s).
In no event shall the continuance be longer than 15 calendar days
from the originally scheduled hearing date.
(d)
Planning Commission decision. After considering all of the
testimony and evidence submitted at the hearing, within 20 calendar
days after the conclusion of the hearing, the Planning Commission
shall issue a written decision denying, affirming or modifying the
Director's decision and shall adopt written findings in support of
that decision. The written decision shall be served by first-class
mail, postage prepaid on the appealing party. If the landlord is the
appealing party and the appeal concerned a rent adjustment application,
the landlord shall post such notice in a conspicuous place at the
property containing the affected rental units and within five calendar
days of receipt of the written decision, the landlord shall personally
deliver a copy of the written decision to each tenant in the affected
rental units. If a tenant is the appealing party or if the landlord
is the appealing party and the appeal concerned a tenant petition
for noncompliance, the Planning Commission shall serve a copy of the
written decision on the landlord and the tenant concurrently.
(e)
Judicial review of Planning Commission decision. Any person
directly aggrieved by a Planning Commission decision pertaining to
a request for appeal of a Director's decision on a rent adjustment
application, may seek judicial review in the Superior Court pursuant
to California Government Code Section 53069.4 and/or California Code
of Civil Procedure Sections 1094.5 and 1094.6.
(§ 1, Ord. 937, eff. April 27, 2023)
This chapter shall be known as the "Just Cause Eviction and
Tenant Protection Ordinance" of the City of Ojai.
(§ 1, Ord. 937, eff. April 27, 2023)
The City Council hereby finds that the City's just cause eviction
and tenant protection provisions are more protective of tenants than
the Tenant Protection Act of 2019 (AB 1482). In the event of any conflict
between this chapter and applicable State law, the more restrictive
requirements shall apply to the maximum extent of the City's power
to impose more restrictive requirements under applicable law.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
In
this chapter, the term "eviction" shall mean a landlord attempt to
recover possession of a rental unit by initiating an unlawful detainer
action against a tenant or requiring a tenant to vacate a unit. Termination
of tenancy shall have the same meaning.
(b)
Notwithstanding
any other law, if a tenant has continuously and lawfully occupied
a rental unit for 30 days, the landlord shall not terminate the tenancy
without just cause, which shall be stated in the written notice to
terminate tenancy, as described in this chapter. If any additional
adult tenant has been added to the lease before an existing tenant
had continuously and lawfully occupied the rental unit for 30 days,
then this subsection shall only apply if either of the following are
satisfied:
(§ 1, Ord. 937, eff. April 27, 2023)
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 Section 1161(3)
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. A "breach of a material term" shall
not include:
(1)
The obligation to limit occupancy, provided that the additional occupant
who joins the tenant of the rental unit thereby exceeding the limits
on occupancy set forth in the lease is dependent under age 18, or
a replacement tenant who moved in after an approved tenant vacated
the rental unit, so long as the addition does not exceed the Uniform
Housing Code.
(i)
The landlord shall have the right to approve or deny the prospective
additional or replacement tenant, who is not a minor dependent child,
provided that the landlord does not unreasonably withhold approval.
If the landlord fails to respond to the tenant in writing with a description
of the reasons for the denial of the request within a reasonable amount
of time of receipt of the tenant's written request, the tenant's request
shall be deemed approved by the landlord if the lease is for a period
of one year or less.
(2)
A change in the terms of the tenancy that is not the result of an
express written agreement signed by both of the parties. A landlord
is not required to obtain a tenant's written consent to a change in
the terms of the tenancy if the change in the terms of the tenancy
is authorized by this section, or if the owner is required to change
the terms of the tenancy pursuant to Federal, State, or local law.
Nothing in this subsection shall exempt a landlord from providing
legally required notice of a change in the terms of the tenancy.
(c)
Maintaining,
committing, or permitting the maintenance or commission of a nuisance
as described in Section 1161(4) of the California Code of Civil Procedure.
(d)
Committing
waste as described in Section 1161(4) of the California Code of Civil
Procedure.
(e)
The tenant had a written lease that terminated on or after the effective date of this chapter, and after a written request or demand from the landlord, 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 section or any other provision of law. If the tenant had a written lease that terminated on or after the effective date of the ordinance codified in this chapter, and after a written request or demand from the landlord, the tenant has refused to execute a written extension or renewal of the lease for an additional term of non-similar duration and/or with non-similar lease provisions, then the cause for eviction will be no-fault just cause under Section 11-2.05 below.
(f)
Criminal
activity by the tenant on the rental unit, including any common areas,
or any criminal activity or criminal threat, as defined in Section
422(a) of the California Penal Code, on or off the rental unit, that
is directed at any landlord or agent of the landlord of the rental
unit. Further, at-fault just cause eviction of a tenant under this
provision shall only apply to that tenant who committed the criminal
activity described herein. If a tenant is acquitted or found not guilty
of the charges giving rise to eviction, or if charges are not filed
against the tenant within the applicable statute of limitations period,
the tenant shall be offered the right to restore the tenancy only
if the same rental unit is available.
(g)
Assigning
or subletting the premises in violation of the tenant's lease, as
described in Section 1161(4) of the California Code of Civil Procedure.
Notwithstanding any contrary provision in this section, a landlord
shall not take any action to terminate a tenancy based on a tenant's
sublease of the rental unit if all the following requirements are
met:
(1)
The tenant requests permission from the owner in writing to sublease
the rental unit;
(2)
The tenant continues to reside in the rental unit as their primary
residence;
(3)
The sublease replaces one or more departed tenants under the lease
on a one-for-one basis; and
(4)
The landlord fails to respond to the tenant in writing within a reasonable
amount of time of the receipt of the tenant's written request. If
the landlord fails to respond to the tenant's written request, the
request shall be deemed approved by the landlord if the lease is for
a period of one year or less. A landlord's reasonable refusal of the
tenant's written request may be based on, but is not limited to, the
ground that the total number of occupants in a residential real property
exceeds the maximum number of occupants as determined under Section
503(b) of the Uniform Housing Code or successor provision.
(h)
The
tenant's refusal to allow the landlord 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 Section 1161(4)
of the California Code of Civil Procedure.
(j)
The
employee, agent, or licensee's failure to vacate after being terminated
as an employee, agent, or a licensee, as described in Section 1161(1)
of the California Code of Civil Procedure.
(k)
When
the tenant fails to deliver possession of the rental unit after providing
the landlord written notice as provided in California Civil Code Section
1946 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 Section 1161(5) of
the California Code of Civil Procedure.
(§ 1, Ord. 937, eff. April 27, 2023)
No-fault just cause, which includes any of the following:
(a)
Good
faith intent to occupy the rental unit as a primary place of residence
by the landlord or the landlord's spouse, domestic partner, children,
grandchildren, parents, or grandparents.
(1)
For leases entered into on or after the effective date of this chapter,
this subsection shall apply only if the tenant agrees, in writing,
to the termination, or if a provision of the lease allows the landlord
to terminate the lease if the landlord, or their spouse, domestic
partner, children, grandchildren, parents, or grand-parents unilaterally
decides to occupy the rental unit for a period of at least 24 months,
as affirmed by the landlord in a written affidavit submitted to the
City.
(b)
Withdrawal
of the rental unit from the rental market subject to the provisions
of the Ellis Act.
(c)
The
landlord complying with any of the following:
(1)
An order issued by a government agency or court relating to habitability
that necessitates vacating the residential real property.
(2)
An order issued by a government agency or court to vacate the residential
real property.
(3)
A local ordinance that necessitates vacating the rental unit.
(4)
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 this chapter, the tenant shall not be entitled
to relocation assistance as outlined in this chapter.
(d)
Intent to demolish or to substantially remodel the rental unit.
(1)
For purposes of this subsection, "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 30 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 substantial rehabilitation.
(2)
No "just cause" eviction for "substantial remodel" or demolition
shall be effective unless building permits were first secured from
the City, and, included with the notice of termination of the tenancy,
the tenant was provided with copies of the building permit(s) and
with a written detailed account explanation of the scope of work,
why the work cannot be reasonably accomplished in a safe manner with
the tenant in place, and why the work cannot be completed in 30 days
and requires the tenant to vacate the rental unit for that duration.
(3)
The landlord shall provide 60 days advance written notice to the
tenant of the ability to reoccupy the unit upon completion of the
repairs, or if requested by the tenant, the right of first refusal
to any comparable vacant rental unit which has been offered at comparable
rent owned by the landlord.
(4)
In the event the landlord seeks to rent the remodeled rental unit
within 12 months following the completion of the remodeling work,
the evicted tenant shall have the right of first refusal to reoccupy
and rent the unit, unless the landlord provides a written waiver by
the tenant of their right to reoccupy the premises pursuant to this
subsection.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
Before
a landlord of rental unit issues a notice to terminate a tenancy for
just cause that is a curable lease violation, the landlord shall first
give notice of the violation to the tenant with an opportunity to
cure the violation pursuant to Section 1161(3) 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)
Any
written notice to cease or correct must:
(1)
Be dated and served upon the tenant, pursuant to at least one of
the methods authorized under California Code of Civil Procedure, Section
1162, as may be amended;
(2)
Inform the tenant that failure to cure may result in the initiation
of eviction proceedings;
(3)
Inform the tenant of the right to request a reasonable accommodation;
(4)
Inform the tenant of the contact number for the City; and
(5)
Include a specific statement of the reasons for the written notice
to cease or correct with specific facts to help the tenant determine
the date(s), place(s), witness(es), and/or circumstance(s) that support
the reason(s) for the eviction.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
If
a landlord issues a notice to terminate a tenancy for no-fault just
cause, the landlord shall notify the tenant of the tenant's right
to relocation assistance or rent waiver pursuant to this section.
If the landlord elects to waive the rent for the final month of the
tenancy as provided in this chapter, the notice shall state the amount
of rent waived and that no rent is due for the final month of the
tenancy.
(b)
The
amount of relocation assistance shall be equal to: (i) two months
of the tenant's rent that was in effect when the landlord issued the
notice to terminate the tenancy; or (ii) $5,000, whichever is greater.
Any relocation assistance shall be provided within 15 calendar days
of service of the notice.
(1)
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 subsection shall be recoverable
as damages in an action to recover possession.
(2)
The relocation assistance or rent waiver required by this subsection
shall be credited against any other relocation assistance required
by any other law.
(c)
A
landlord's failure to strictly comply with this subsection shall render
the notice of termination void.
(§ 1, Ord. 937, eff. April 27, 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 Section 1940(b) of the California Civil Code for which the landlord has registered the transient occupancy with the City under Ojai Municipal Code Section 8-1.414 and is in compliance with all applicable provisions of the Ojai Municipal 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 12, inclusive, school.
(d)
Housing
accommodations in which the tenant shares bathroom or kitchen facilities
with the landlord who maintains their principal residence at the rental
unit.
(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
duplex 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.
(g)
(h)
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.
(i)
Residential
real property occupied by the landlord, or their spouse, domestic
partner, children, grandchildren, parents, or grandparents for at
least six months before a fixed-length tenancy of up to six months,
and for which the landlord, or their spouse, domestic partner, children,
grandchildren, parents, or grandparents have a good faith intent to
reoccupy the unit after conclusion of the tenancy, as affirmed by
the landlord in a written affidavit submitted to the City.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
The
City Manager may adopt administrative procedures and regulations to
implement the provisions of this chapter.
(b)
Once
established by the City Council, all landlord with rental units shall
pay the tenant protection program fee, as established by City Council
resolution. The tenant protection program fee is to fund the City's
cost to implement and enforce the provisions of this chapter.
(c)
It
is illegal for a landlord or representative to retaliate against a
tenant for lawfully and peaceably exercising their legal rights, including,
but not limited to, the right to file a complaint with code compliance.
No landlord 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.
(d)
Any
provision of a rental housing agreement that purports to waive any
provision of this chapter is void as against public policy.
(e)
A
landlord's failure to comply with any requirement of this chapter
is an affirmative defense in an unlawful detainer or other action
brought by the landlord to recover possession of the rental unit.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
Notice of the existence of this chapter. The landlord shall
post a notice providing information about the existence of this chapter,
including protections related to immigration or citizenship status
of tenant found under California Civil Code, Section 1940.35 and California
Code of Civil Procedure, Section 1161.4, as may be amended. Notice
must be posted in English and Spanish in a conspicuous location on
the property.
(1)
In addition to all other notice requirements specified elsewhere
in this chapter, the owner of any rental unit is required to provide
written notice to tenants of their rights under this chapter as follows:
(b)
Notice of termination of tenancy. When terminating a tenancy
either at-fault or no-fault, a landlord must comply with all of the
following:
(1)
The landlord must serve a written notice in accordance with California
Civil Code, Sections 1946 through 1946.5, to the tenant that states
that, in addition to any information required by Federal or State
law, the landlord will terminate the tenancy, and that indicates at
least one at-fault or no-fault just cause reason; and
(2)
The landlord has not accepted and will not accept rent or any other
consideration in return for the continued use of the rental unit beyond
the term of the terminated tenancy in compliance with California Civil
Code, Sections 1945 through 1946.5; and
(3)
The landlord qualifies the termination as at-fault or no-fault just
cause; and
(4)
The landlord has submitted to the City, within five days after service
of the notice of termination on the tenant, a true and accurate copy
of the landlord's written notice of termination, and proof of such
service, signed by the landlord under penalty of perjury, on the tenant.
The landlord shall maintain proof of service to the City as evidence
that the landlord has complied with this section.
(5)
When the landlord and tenant have entered into a written lease, the
landlord must provide the notice in the language used in the lease,
in addition to English. When the landlord and tenant have not entered
into a written lease, the landlord must provide the notice in the
language that the landlord and tenant used to negotiate the terms
of the tenancy, in addition to English.
(c)
Notice as addendum to lease or rental agreement. A landlord
of rental unit(s) subject to this section shall provide 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)
The landlord must provide the notice in the language that the landlord
and tenant used to in the lease, in addition to English.
(3)
For a tenancy existing prior to the effective date of this article,
by written notice to the tenant no later than 30 days after the effective
date of the ordinance codified in this chapter, or as an addendum
to the lease or rental agreement.
(4)
The notification or lease provision shall be in no less than 12 point
type, and shall include the following:
"The Ojai Municipal Code provides that after all of the tenants
have continuously and lawfully occupied the property for at least
30 days, an owner must provide a statement of cause in any notice
to terminate a tenancy. In addition, Ojai Municipal Code provides
tenants evicted for no-fault just cause with the right to relocation
payments. See Title 11 of the Ojai Municipal Code for more information."
(5)
The landlord must provide the notice to tenants in writing if the
application and lease are processed in writing, electronically if
the application or lease are processed electronically, or both if
both methods are utilized. The provision of the notice shall be subject
to California Civil Code, Section 1632.
(§ 1, Ord. 937, eff. April 27, 2023)
(a)
It
is unlawful for any person to violate or fail to comply with any provision
of this chapter. The violation of any provision of this chapter shall
first be punished through the use of a civil citation, prior to prosecution
as a misdemeanor, infraction, or civil injunction as provided in City
Code Chapter 6, Article 1 (Administrative Citations).
(b)
Any
person whose rights pursuant to this chapter have been violated shall
have the right to file an action for injunctive relief and damages.
Before commencing a civil suit to enforce this chapter, the person
shall provide at least 30 days' notice and a demand that the person
or company alleged to have committed a violation of this chapter correct,
repair, replace, or otherwise rectify the alleged violations under
this chapter. Whoever is found to have violated this chapter shall
be subject to appropriate injunctive relief and shall be liable for
damages, costs, and reasonable attorney fees. Treble damages shall
be awarded for willful failure to comply with the relocation payment
obligations established by this chapter. Any action pursuant to this
chapter shall be a civil matter and adjudicated through civil court.
(c)
The City Attorney is authorized to bring a civil action and/or proceeding for violation of this chapter, or any guideline or rule promulgated pursuant to Section 11-2.09 of this chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this chapter.
(d)
Criminal penalty. Any person lawfully convicted of violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, which shall be punishable as provided in Section 1-2.02 of this Code and other applicable law.
(e)
Remedies cumulative.
(1)
The remedies, violations, and penalties set forth in this chapter
are cumulative and in addition to all other remedies, violations,
and penalties set forth in this Code, or in any other City, County,
State or Federal ordinance, laws, rules or regulations.
(2)
The City's decision to pursue or not pursue enforcement of any kind
shall not affect a tenant's rights to pursue civil remedies in accordance
with this chapter.
(§ 1, Ord. 937, eff. April 27, 2023)
