A. 
The purpose of this chapter is to promote neighborhood and community stability, healthy housing, and relations between housing providers and tenants and to protect tenants from arbitrary, discriminatory, or retaliatory evictions, while allowing housing providers a fair and reasonable return on their investment. This legislation is designed to advance the housing policies of the city.
B. 
The city council finds that: (1) the just cause protections for termination of a residential tenancy under this chapter are consistent with Civil Code Section 1946.2; (2) this chapter provides for greater tenant protections than currently exist in the city by including just cause protections for certain rental units not otherwise covered by Civil Code Section 1946.2, higher relocation assistance amounts, and other additional tenant protections not prohibited by any other provision of law; and (3) this chapter is more protective than the provisions of Civil Code Section 1946.2.
(Ord. 2026-001, 3/2/2026)
Unless the particular provision or the context otherwise requires, the following definitions shall govern the interpretation and application of this chapter:
"At-fault eviction"
means action by a housing provider to terminate a tenancy based upon the grounds set forth in Civil Code Section 1946.2(b)(1), as amended.
"Housing provider"
means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any rental unit, and the agent, representative, or successor of any of the foregoing.
"No-fault eviction"
means action by a housing provider to terminate a tenancy based upon the grounds set forth in Civil Code Section 1946.2(b)(2), as amended.
"Rental unit"
means any dwelling unit in the city of San Pablo (regardless of zoning status), including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing related services connected with the use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant, including parking facilities.
"Tenant"
means a tenant, subtenant, lessee, sublessee, or other person entitled by written or oral rental agreement to the use or occupancy of a rental unit.
"Tenant household"
means one or more tenants who occupy an individual rental unit.
"Termination notice"
refers to a formal written notice provided by a housing provider to a tenant that informs the tenant of the housing provider's intent to terminate the tenancy. The notice must comply with applicable state laws, including California Civil Code Sections 1946.1 and 1946.2.
(Ord. 2026-001, 3/2/2026)
A. 
Applicability. The provisions of this chapter shall apply to all rental units in the city of San Pablo, except as otherwise set forth in subsection B of this section.
B. 
Exemptions. This chapter shall not apply to:
1. 
The types of residential real properties and residential circumstances enumerated in Civil Code Section 1946.2(e), as amended; provided, however, that this chapter shall apply to all condominiums, duplexes, accessory dwelling units, and junior accessory dwelling units in the city of San Pablo (regardless of the date that such property received its certificate of occupancy) and not otherwise exempt under this subsection B. This exemption includes all single-family residences, provided that the owner of such single-family residence 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; or
c. 
A limited liability company in which at least one member is a corporation.
Single-family homes not meeting the criteria for exemption set forth immediately above shall be subject to the provisions of this chapter (regardless of the date that such property received its certificate of occupancy).
2. 
An unlawful detainer action solely for nonpayment of rent originally due from March 1, 2020, through June 30, 2022, to the extent prohibited by California Code of Civil Procedure Section 1179.05 or any successor statute.
3. 
Any rental of a space or lot in a mobile home park, as defined by California Civil Code Section 798 et seq.
4. 
Any rental unit that has not been continuously and lawfully occupied by a tenant for 12 months or more.
(Ord. 2026-001, 3/2/2026)
A. 
A housing provider may not terminate, or take any action to terminate, a tenancy without just cause, including making a demand for possession of a rental unit, threatening to terminate a tenancy verbally or in writing, serving a notice to quit or other eviction notice, or initiating any legal action to recover possession of a rental unit unless the housing provider can demonstrate:
1. 
That the housing provider served a termination notice to the tenant in accordance with Section 9.70.070; and
2. 
That the termination qualifies as a just cause termination, whether at-fault or no-fault, in compliance with Civil Code Section 1946.2(b), as amended, and this chapter.
(Ord. 2026-001, 3/2/2026)
The only at-fault just causes for eviction shall be those enumerated in Civil Code Section 1946.2(b)(1), as amended, including but not limited to:
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 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 Code of Civil Procedure.
D. 
Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
E. 
The tenant had a written lease that terminated on or after January 1, 2020, or January 1, 2022, if the lease is for a tenancy in a mobile home, 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 section 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 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 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 Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
I. 
Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the 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 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 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 owner, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
(Ord. 2026-001, 3/2/2026)
Any tenant household subject to a no-fault eviction shall be entitled to relocation assistance. No-fault evictions, for purposes of this section, shall be those no-fault just causes for eviction enumerated in Civil Code Section 1946.2(b)(2), as amended.
A. 
The amount and form of relocation assistance shall be:
1. 
A direct payment equal to two months' rent;
2. 
A rent waiver for the final two months of tenancy, provided the tenant is not in arrears; or
3. 
A combination of direct payment equal to one month's rent and a rent waiver for the final month's tenancy.
B. 
The housing provider shall provide written notice to the tenant specifying the form of relocation assistance being offered at the time the termination notice is served.
C. 
If the housing provider elects to waive rent and the tenant fails to vacate the unit as required, the housing provider may recover the waived rent as damages in an unlawful detainer action.
D. 
Nothing in this section shall preclude the city of San Pablo from administratively adopting or enforcing more protective relocation assistance requirements, including higher payment amounts or expanded eligibility, as authorized by the California Civil Code. Any additional relocation assistance requirements adopted by the city shall not conflict with the minimum standards set forth in Civil Code Section 1946.2(d), as amended.
Other relocation assistance provisions are regulated by Chapter 8.05, Tenant Relocation Assistance, In the event of a conflict between this chapter and Chapter 8.05, the provision offering greater tenant protection shall prevail.
(Ord. 2026-001, 3/2/2026)
A. 
Any termination notice provided to tenants must contain the following information:
1. 
The just cause reason for termination of the tenancy, as set forth in either Section 9.70.050 or Section 9.70.060;
2. 
If the notice is for a no-fault eviction described in Section 9.70.060 above, an explanation of the right to and amount of relocation assistance payments; and
3. 
If the notice is for a no-fault eviction under Civil Code Section 1946.2(b)(2)(D) (intent to substantially remodel), the housing provider must have obtained all necessary permits prior to serving the termination notice. The notice shall include:
a. 
A copy of the permit(s);
b. 
A detailed scope of work;
c. 
An estimated timeline for completion; and
d. 
A statement of the tenant's right of first refusal to return to the unit upon completion of the remodel.
(Ord. 2026-001, 3/2/2026)
In addition to this chapter, the Ellis Act (Government Code Sections 7060, et seq.) governs a housing provider's withdrawal of a rental unit from the rental market. This chapter shall be interpreted and applied in a manner that does not conflict or interfere with the provisions of the Ellis Act.
(Ord. 2026-001, 3/2/2026)
A. 
Right of Return and Right of First Refusal.
1. 
All tenants displaced based on a termination of tenancy for a no-fault eviction under Civil Code Section 1946.2(b)(2)(A) (owner move in) shall retain all rights and remedies set forth in Civil Code Section 1946.2(b)(2)(A). More specifically, if the intended occupant (a) fails to occupy the rental unit within 90 days after the tenant vacates or (b) fails to occupy the rental unit as their primary residence for at least 12 consecutive months, the housing provider shall offer the rental unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the termination notice.
2. 
All tenants displaced based on a termination of tenancy for a no-fault eviction under Civil Code Section 1946.2(b)(2)(D) (substantial remodel) shall have the right of first refusal to return to the unit if the rental unit is returned to the rental market by the housing provider or a successor housing provider within one year of displacement of the tenant or such longer period as required by state law. The rental amount shall be the lawful rent in effect at the time the rental unit is offered for re-occupancy, and the tenant shall have no right to return to the rental unit at the prior rental amount that was in effect at the time of tenant's initial displacement.
B. 
Retaliation Prohibited. It shall be unlawful for a housing provider to retaliate against a tenant in response to a tenant exercising any of tenant's rights under this chapter or any other laws, including but not limited to filing or participating in a complaint regarding unsafe living conditions, requesting repairs, reporting building code violations to the city or any other governmental agency, pursuing legal action, or forming, joining, or participating in a tenant organization. For purposes of this section, retaliation includes, but is not limited to, serving an eviction notice or taking other action to recover possession of a rental unit, increasing rent, eliminating or reducing services or amenities to a rental unit, or otherwise interfering with tenant's rights under an applicable lease agreement.
(Ord. 2026-001, 3/2/2026)
A. 
Defense to action to recover possession. Failure of a housing provider to comply with any of the provisions of this chapter shall provide the tenant with an affirmative defense in any legal action brought by the housing provider to recover possession of the Rental Unit.
B. 
Defense to action to collect rent. Failure of a housing provider to comply with any of the provisions of this chapter shall provide the tenant with an affirmative defense in any legal action brought by the housing provider to collect rent.
C. 
Injunctive relief. A tenant may seek injunctive relief on their own behalf and on behalf of other affected tenants to enjoin a housing provider's violation of this chapter.
D. 
Damages. A tenant my bring a civil action to recover actual damages, treble damages upon a showing that the housing provider has acted willfully or with oppression, fraud or malice and punitive damages, as well as attorneys' fees and costs at the court's discretion.
E. 
Remedies are nonexclusive. Remedies provided in this chapter are in addition to any other existing legal remedies and are not intended to be exclusive.
F. 
Discretionary enforcement by city. In addition to any other remedies provided by this chapter or by other law, the city attorney may also enforce the provisions of this chapter by means of a civil action or injunctive relief.
G. 
Housing provider rights. Nothing in this chapter shall be deemed to interfere with the right of a housing provider to file an action against a tenant or non-tenant third party for the damage done to the housing provider's property.
(Ord. 2026-001, 3/2/2026)
The requirements of this chapter may not be waived, and any term of any lease, contract, or other agreement which purports to waive or limit the substantive or procedural rights created under this chapter are contrary to public policy, unenforceable, and void.
(Ord. 2026-001, 3/2/2026)