HomeMy WebLinkAbout2023-04 - Tenant ProtectionsURGENCY ORDINANCE NO.2023-04
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA AMENDING TITLE 9 (LICENSES AND BUSINESS REGULATIONS) OF
THE COSTA MESA MUNICIPAL CODE BY ADDING CHAPTER II (REGULATION OF
CERTAIN BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT
PROTECTIONS) AND DECLARING THE ORDINANCE TO BE AN EMERGENCY
MEASURE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION
WHEREAS, The California Legislature adopted the Tenant Protection Act of 2019
(Civil Code section 1946.2, et seq., the "Act") which, as of January 1, 2020, provides "just
cause" eviction protections to qualifying tenants of certain residential real property, and
amended the Act pursuant to SB 567 in 2023 to add additional requirements to take effect
on April 1, 2024; and
WHEREAS, The Act, in subsection (g)(1)(B) ((i)(1)(B) of Civil Code Section 1946.2
as amended), states that a local ordinance requiring "just cause" for landlords to terminate
a residential tenancy is valid and will prevail over the Act so long as the just cause eviction
protections in the local ordinance are consistent with the Act and, so long as the ordinance,
as supported by binding legislative findings of the local government, is "more protective" than
the Act by: further limiting the reasons for terminating a residential tenancy, providing for
higher relocation assistance, or providing additional tenant protections that are not otherwise
prohibited by law; and
WHEREAS, The City of Costa Mesa ("City") is a California General Law city with
broad "police powers" vested in municipalities by California's Constitution, pursuant to which
the City may make and enforce laws necessary to protect and preserve the health, safety,
and general welfare of its residents; and
WHEREAS, Pursuant to this broad authority and express authorization in the Act, the
City Council for the City of Costa Mesa ("City Council") finds it necessary and appropriate
to adopt a local ordinance establishing "just cause" eviction protections that are both
consistent with the just cause protections of the Act and "more protective" than the Act in
specified circumstances; and
and
WHEREAS, Approximately sixty percent (60%) of Costa Mesa residents are renters;
Urgency Ordinance No. 2023-04 Page 1 of 16
WHEREAS, Within the last year, Costa Mesa's Code Enforcement team received
fourteen complaints regarding residential evictions, ten of which were reportedly due to
substantial rehabilitation, two reported that owners did not want to make requested repairs,
so evicted the tenants instead, and two complaints did not contain sufficient information to
determine the reported cause of the eviction. In the past 90-days, Legal Aid received thirty
housing related complaints. From July 1 to October 16, 2023, 44 units have reported
evictions to the City Manager's Office, 41 of which were "no fault," affecting well over 50
tenants. In the ten-day period between October 17, 2023 and October 27, 2023 the City
has received reports of 23 more no fault evictions affecting over 85 individuals. Three of
these no-fault evictions have left 14 Costa Mesa residents —10 of them children — homeless.
Over 63 households have requested assistance from the City in the past four months; and
WHEREAS, Rental Property Owners and Managers have been accelerating no-fault
evictions, in an apparent effort to avoid additional state law requirements scheduled to take
effect in April 2024, particularly with respect to alleged rehabilitation needs and converting
rental units to family use; and
WHEREAS, A substantial housing crisis already exists in Costa Mesa, especially for
middle and lower -income families who are being most heavily affected by no fault evictions,
sometimes after decades of tenancy; and
WHEREAS, Enacting the additional tenant protections in this ordinance to those
contained in the Tenant Protection Act on an urgency basis is necessary to protect the
significant number of tenants who are being evicted from their homes through no fault of
their own and will receive little or no protection from state law for an additional five months;
and
WHEREAS, Based upon all matters presented to it in connection with its
consideration of this ordinance, the City Council finds and declares that the legislative
findings and declarations made herein are true, correct, and binding, and that all legal
prerequisites to the adoption of this ordinance have been duly performed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 9 (LICENSES AND BUSINESS REGULATIONS) of the Costa
Mesa Municipal Code is hereby amended by adding Chapter II (REGULATION OF
CERTAIN BUSINESSES, ARTICLE 24 (JUST CAUSE RESIDENTIAL TENANT
PROTECTIONS) to read as follows:
Urgency Ordinance No. 2023-04 Page 2 of 16
CHAPTER II
ARTICLE 24.
Section 9-400
Section 9-401
Section 9-402
Residential
Section 9-403
Lease
Section 9-404
Section 9-405
Rent
Section 9-406
Section 9-407
Section 9-408
JUST CAUSE RESIDENTIAL TENANT PROTECTIONS.
Findings and Purpose
Definitions
Just Cause Required for Terminating a
Tenancy; Just Cause Defined
Notices to Terminate a Tenancy for Curable
Violations and No -Fault Just Cause
Relocation Assistance; Specified Circumstances
Notice to Tenants of California Limits on
Increases
Exclusions from Article
Waiver of Rights Ineffective
Violations and Enforcement
Section 9-400 Findings and Purpose.
In compliance with subdivision (g)(1)(B) of California Civil Code Section
1946.2 ((i)(1)(B) of section 1946.2 of the California Civil Code effective April 1,
2024), the City Council for the City of Costa Mesa finds and declares that:
A. The provisions of this Article 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 Article 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.
Section 9-401 Definitions.
In addition to the terms and phases otherwise defined in this Article, the
following terms shall have the meaning given:
"Fair Market Rent" shall mean the Department of Housing and Urban
Development Final Fair Market Rents Documentation System for the Santa Ana -
Anaheim -Irvine, CA HUD Metro FMR Area, FMRs for All Bedroom Sizes, for the
fiscal year in which the action is taken.
Urgency Ordinance No. 2023-04 Page 3 of 16
"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 mobile home park, or the owner of a mobile home 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.
Section 9-402 Just Cause Required for Terminating a Residential
Tenancy; Just Cause Defined.
A. Notwithstanding any other law, after a tenant has continuously and
lawfully
occupied a residential real property for 12 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 24 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 12 months or more.
2. One or more tenants have continuously and lawfully occupied the
residential real property for 24 months or more.
B. For purposes of this Article, "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.
Urgency Ordinance No. 2023-04 Page 4 of 16
c. Maintaining, committing,
commission of a nuisance as described
California Code of Civil Procedure.
or permitting the maintenance or
in paragraph (4) of Section 1161 of the
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, or January 1, 2022, if the lease is for a tenancy in a mobilehome, 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 Article 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 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 ownerwritten 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.
n
Urgency Ordinance No. 2023-04 Page 5 of 16
2. "No-fault just cause" includes any of the following:
a.(i) Intent to occupy the residential real property by the owner or their
spouse, domestic partner, children, grandchildren, parents, or grandparents for a
minimum of 12 continuous months as that person's primary residence.
(ii) For leases entered into on or after July 1, 2020, or July 1, 2022, if the
lease is for a tenancy in a mobilehome, clause (i) shall apply only if 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 the owner's spouse, domestic partner,
children, grandchildren, parents, or grandparents, unilaterally decides to occupy the
residential real property. Addition of a provision allowing the owner to terminate the
lease as described in this clause to a new or renewed rental agreement or fixed -
term lease constitutes a similar provision for the purposes of subparagraph a of
paragraph B.1.
(iii) This subparagraph does not apply if the intended occupant occupies a
rental unit on the property or if a vacancy of a similar unit already exists at the
property.
(iv) The written notice terminating a tenancy for a just cause pursuant to this
subparagraph shall contain the name or names and relationship to the owner of the
intended occupant. The written notice shall additionally include notification that the
tenant may request proof that the intended occupant is an owner or related to the
owner as defined in subclause (ii) of clause (viii). The proof shall be provided upon
request and may include an operating agreement and other non-public documents.
(v) Clause (i) applies only if the intended occupant moves into the rental unit
within 90 days after the tenant vacates and occupies the rental unit as a primary
residence for at least 12 consecutive months.
(vi) (1) If the intended occupant fails to occupy the rental unit within 90 days
after the tenant vacates or fails to occupy the rental unit as their primary residence
for at least 12 consecutive months, the owner shall offer the 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
written notice.
(11) If the intended occupant moves into the rental unit within 90 days
after the tenant vacates, but dies before having occupied the rental unit as a primary
residence for 12 months, as required by clause (vi), this will not be considered a
failure to comply with this section or a material violation of this section by the owner
as provided in section 9-408.
(vii) For a new tenancy by someone other than the "intended occupant"
commenced during the time periods described in clause (v), the accommodations
shall be offered and rented or leased at the lawful rent in effect at the time any
notice of termination of tenancy is served.
(viii) As used in this subparagraph B.2.a:
(1) "Intended occupant" means the owner of the residential real
property or the owner's spouse, domestic partner, child, grandchild, parent, or
grandparent, as described in clause (i).
Urgency Ordinance No. 2023-04 Page 6 of 16
(II) "Owner" means any of the following:
(a) An owner who is a natural person that has at least a 25-
percent recorded ownership interest in the property.
(b) An owner who is a natural person who has any recorded
ownership interest in the property if 100 percent of the recorded
ownership is divided among owners who are related to each other as
sibling, spouse, domestic partner, child, parent, grandparent, or
grandchild.
(c) An owner who is a natural person whose recorded interest
in the property is owned through a limited liability company or
partnership. a
(III) For purposes of subclause (II), "natural person" includes any
of the following:
(a) A natural person who is a settlor or beneficiary of a family
trust.
(b) If the property is owned by a limited liability company or
partnership, a natural person with a 25-percent ownership interest in
the property.
(IV) "Family trust" means a revocable living trust or irrevocable
trust in which the settlors and beneficiaries of the trust are persons who are
related to each other as sibling, spouse, domestic partner, child, parent,
grandparent, or grandchild.
(V) "Beneficial owner" means a natural person or family trust for
whom, directly or indirectly and through any contract arrangement,
understanding, relationship, or otherwise, and any of the following applies:
(a) The natural person exercises substantial control over a
partnership or limited liability company.
(b) The natural person owns 25 percent or more of the equity
interest of a partnership or limited liability company.
(c) The natural person receives substantial economic benefits
from the assets of a partnership.
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.
property.
(iii) A local ordinance that necessitates vacating the residential
real
Urgency Ordinance No. 2023-04 Page 7 of 16
rej
(i) Intent to demolish or to substantially remodel the residential real
property.
(ii) For purposes of this subparagraph, "substantially remodel"
means either of the following that cannot be reasonably accomplished in a safe
manner that allows the tenant to remain living in the place and that requires the
tenant to vacate the residential real property for at least 30 consecutive days:
(1) The replacement or substantial modification of any structural, electrical,
plumbing, or mechanical system that requires a permit from a governmental
agency.
(11) The abatement of hazardous materials, including lead -based paint, mold,
or asbestos, in accordance with applicable federal, state, and local laws.
(iii) For purposes of this subparagraph, a tenant is not required to
vacate the residential real property on any days where a tenant could continue living
in the residential real property without violating health, safety, and habitability codes
and laws. 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 remodel.
(iv) A written notice terminating a tenancy for a just cause
pursuant to this subparagraph shall include all of the following information:
(1) A statement informing the tenant of the owner's intent to demolish the property
or substantially remodel the rental unit property.
(11) The following statement:
"If the substantial remodel of your unit or demolition of the property as described
in this notice of termination is not commenced or completed, the owner must offer
you the opportunity to re -rent your unit with a rental agreement containing the
same terms as your most recent rental agreement with the owner at the rental
rate that was in effect at the time you vacated. You must notify the owner within
thirty (30) days of receipt of the offer to re -rent of your acceptance or rejection of
the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of
notifying the owner of your acceptance of the offer."
(III) A description of the substantial remodel to be completed, the approximate
expected duration of the substantial remodel, or if the property is to be
demolished, the expected date by which the property will be demolished, together
with one of the following:
Urgency Ordinance No. 2023-04 Page 8 of 16
(i) A copy of the permit or permits required to undertake the substantial
remodel or demolition.
(ii) Only if a notice is issued pursuant to subclause (II) of clause (ii) of this
subsection d. and the remodel does not require any permit, a copy of the signed
contract with the contractor hired by the owner to complete the substantial
remodel, that reasonably details the work that will be undertaken to abate the
hazardous materials as described in subclause (II) of clause (ii).
(IV) A notification that if the tenant is interested in reoccupying the rental unit
following the substantial remodel, the tenant shall inform the owner of the tenant's
interest in reoccupying the rental unit following the substantial remodel and
provide to the owner the tenant's address, telephone number, and email address.
C. Before an owner of residential real property issues a notice to terminate a
tenancy for no-faultjust cause described in paragraph 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.
D. An owner of residential property who has issued a notice to terminate a
tenancy for any no-fault just cause as provided in this Article shall provide notice in writing
to the City of Costa Mesa, City Manager [or his or her designee], at 77 Fair Drive, Post
Office Box 1200, Costa Mesa, California 92628-1200 within 72 hours of issuing the notice
to terminate the tenancy to the tenant. The notice shall be provided using a form prepared
by the City and available on its website.
Section 9-403 Notices to Terminate a Tenancy for Curable Lease
Violations and No -Fault Just Cause.
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 9-404 of this Article. If the owner elects to waive
the rent for the final month(s) under paragraph A.2. of Section 9-404, the notice
shall state the amount of rent waived and that no rent is due for the final month
(or months) of the tenancy.
Urgency Ordinance No. 2023-04 Page 9 of 16
C. An owner's failure to strictly comply with section 9-402 or this section shall
render the notice of termination void.
Section 9-404 Relocation Assistance; Specified Circumstances.
A. For a tenancy for which just cause is required to terminate the tenancy
under paragraph A. of Section 9-402, if an owner of residential real property issues
a termination notice based on a no-fault just cause described in paragraph B.2 of
Section 9-402 (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 paragraph C. of this section.
2. Waive in writing the payment of rent in an amount equal to that
described in paragraph C. of this section prior to the rent becoming due.
B. If an owner issues a notice to terminate a tenancy for no-fault just cause, the
owner shall notify the tenant in the written termination notice of the tenant's right to
relocation assistance or rent waiver pursuant to this section. If the owner elects to
waive the rent for the final month of the tenancy as provided in subparagraph 2 of
paragraph A, the notice shall state the amount of rent waived and that no rent is
due for the final month of the tenancy as provided in paragraph C. of this section.
C. The amount of relocation assistance or rent wavier shall be equal to one
month of the Fair Market Rental rate for a unit of similar size, or one month of the
tenant's rent that was in effect when the owner issued the notice to terminate the
tenancy, whichever is greater, with any difference owing to the tenant to be paid
within 15 calendar days of service of the Notice to Terminate the Tenancy.
D. Any relocation assistance required by this section shall be provided within
15 calendar days of service of the notice to terminate the tenancy.
E. 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.
F. 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 paragraph B.2.c of Section
9-402 (owner compliance with court or government order), the tenant shall not be
entitled to relocation assistance or rent waiver.
G. The relocation assistance or rent waiver required by this section shall be
credited against any other relocation assistance required by any other law.
Urgency Ordinance No. 2023-04 Page 10 of 16
H. An owner's failure to strictly comply with paragraphs A., B., C. and D. of this
section shall render the notice of termination void.
Section 9-405 Notice to Tenants of California Limits on Rent
Increases.
An owner of residential real property that is subject to this Article 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 12-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 12 months or more or at least one of the tenants
has continuously and lawfully occupied the property for 24 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 November 7, 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 Title 9, Chapter II, Article 24 of the
Costa Mesa Municipal Code for more information."
E. The provision of the notice shall be subject to Section 1632 of the
California Civil Code.
F. An owner's failure to comply with any provision of this section shall
render the written termination notice void.
Section 9-406 Exclusions from Article.
This Article shall not apply to the following types of residential real properties
or residential circumstances:
Urgency Ordinance No. 2023-04 Page 11 of 16
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 1 to 12, 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 15
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:
(i) A real estate investment trust, as defined in Section 856 of the
Internal Revenue Code.
(ii) A corporation.
(iii) A limited liability company in which at least one member is a
corporation.
(iv) Management of a mobilehome park, as defined in Section 798.2.
2.(i) The tenants have been provided written notice that the residential
property is exempt from this Article using the following statement:
Urgency Ordinance No. 2023-04 Page 12 of 16
"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."
(ii) (1) Except as provided in subclause (11), for a tenancy existing before
July 1, 2020, the notice required under clause (i) may, but is not required
to, be provided in the rental agreement.
(11) For a tenancy in a mobile home existing before July 1, 2022, the
notice required under clause (i) may, but is not required to, be provided
in the rental agreement.
(iii) (1) Except as provided in subclause (11), for any tenancy commenced
or renewed on or after July 1, 2020, the notice required under clause (i)
must be provided in the rental agreement.
(11) For any tenancy in a mobile home commenced or renewed on or
after July 1, 2022, the notice required under clause (i) shall be provided
in the rental agreement.
(iv) Addition of a provision containing the notice required under clause
(i) to any new or renewed rental agreement or fixed -term lease
constitutes a similar provision for the purposes of subparagraph a of
paragraph 1 of subdivision S.
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.
J. This Article shall not apply to a homeowner of a mobile home, as defined
in Section 798.9.
Section 9-407 Waiver of Rights Ineffective.
policy.
Any waiver of the rights under this Article shall be void as contrary to
public
Urgency Ordinance No. 2023-04 Page 13 of 16
Section 9-408 Violations and Enforcement.
A. An owner who attempts to recover possession of a rental unit in material
violation of this Article shall be liable to the tenant in a civil action for all of the
following:
1. Actual damages.
2. In the court's discretion, reasonable attorney's fees and costs.
3. Upon a showing that the owner has acted willfully or with oppression,
fraud, or malice, up to three times the actual damages. An award may also be
entered for punitive damages for the benefit of the tenant against the owner.
B. The Attorney General, in the name of the people of the State of
California, and the city attorney in the name of the city, may seek injunctive relief
based on violations of this section.
C. The City may enforce the provisions of this Article pursuant to Title 1,
Chapter II of the Costa Mesa Municipal Code.
SECTION 2. CEQA. This ordinance is exempt from the requirements of the
California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is
not a "project" and has no potential to result in a direct or reasonably foreseeable indirect
physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the ordinance
is exempt from CEQA because there is no possibility that the ordinance or its implementation
would have a significant negative effect on the environment. (14 Cal. Code Regs. §
15061(b)(3).) The City Clerk may cause a Notice of Exemption to be filed as authorized
by CEQA and the State CEQA Guidelines.
SECTION 3. SEVERABILITY. The City Council declares that should any
provision, section; paragraph, sentence or word of this ordinance be rendered or declared
invalid by any final court action in a court of competent jurisdiction, or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and
words of this ordinance shall remain in full force and effect.
SECTION 4. Emergency Declaration/Effective Date. The City Council declares this
Ordinance to be an emergency measure, to take effect immediately upon adoption pursuant
to California Government Code sections 36934 and 36937(b). The facts constituting the
emergency are as set forth above in the recitals of this ordinance and as follows: A glaring
shortage of rental housing exists in the City of Costa Mesa. As new tenant protections have
been approved by the State, but will not take effect until April 2024, a large acceleration of
no-fault evictions is occurring throughout the City, but primarily in areas where moderate -
income to low-income tenants reside. The economic burdens on tenants of no-fault
evictions in this time of high inflation and housing shortages is creating a public housing and
health crisis resulting in irreparable harm to the residents within the City. An emergency
measure is necessary to protect the public by implementing additional tenant protection
provisions immediately rather than having to wait a minimum of forty-five days for such
protections to take effect.
Urgency Ordinance No. 2023-04 Page 14 of 16
SECTION 5. The City Clerk of the City of Costa Mesa shall certify to the passage
and adoption of this ordinance and shall cause the same to be published in the manner
required by law.
Urgency Ordinance No. 2023-04 Page 15 of 16
PASSED, APPROVED, AND ADOPTED this 71 day of November 2023.
ATTEST:
Brenda Green, dty Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
John Stephens, Mayor
APPROVED AS TO FORM:
Kimberly Hall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the
above and foregoing Urgency Ordinance No. 2023-04 was introduced and passed at a regular
meeting of the City Council held on the 7th day of November, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, MARR, REYNOLDS, HARLAN, AND
STEPHENS.
NOES: COUNCIL MEMBERS: HARPER.
ABSENT: COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of
Costa Mesa this 8t' day of November, 2023.
Urgency Ordinance No. 2023-04 Page 16 of 16