HomeMy Public PortalAbout10. Adoption of an Ordinance Imposing a Temprorary Moratorium on No-Fault, Sustantial Remodel Evictions1►0
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1997 -
File #: 4446
TO: CITY COUNCIL
Claremont City Council
Agenda Report
FROM: ADAM PIRRIE, CITY MANAGER
DATE: NOVEMBER 8, 2022
SUBJECT:
Item No: 10.
Reviewed by:
City Manager: AP
Finance Director: NB
SECOND READING AND ADOPTION OF AN ORDINANCE IMPOSING A TEMPORARY
MORATORIUM ON NO-FAULT, SUBSTANTIAL REMODEL EVICTIONS FOR CERTAIN
RESIDENTIAL TENANCIES IN THE CITY OF CLAREMONT (FUNDING SOURCE: GENERAL
FUND)
SUMMARY
On January 1, 2020, the California Tenant Protection Act of 2019 (AB 1482) established an annual
rent increase cap of five percent plus inflation or ten percent, whichever is lower. AB 1482 also
prohibits evictions without 'Just cause" (as defined). However, AB 1482 contains numerous
exceptions. One of those exceptions allows owners to evict tenants in order "to demolish or to
substantially remodel" a rental unit. This report refers to these as "substantial remodel evictions."
After the tenancy is terminated, the owner can raise rent on the newly remodeled unit in excess of AB
1482's rent cap.
Several Claremont residents who are long-time renters in large apartment complexes report that their
landlords are threatening to evict them when the County of Los Angeles's eviction moratorium
expires so that they can "substantially remodel" their units and raise rents. Unless extended, the
County's eviction moratorium will expire on December 31, 2022. The County could also terminate the
moratorium earlier if it so desires.
At its October 25, 2022 meeting, the City Council, following public testimony, adopted an urgency
ordinance placing an immediate moratorium on no-fault evictions due to substantial remodeling, and
placed a temporary ordinance imposing the same conditions on first reading. Tonight the temporary
ordinance is on the agenda for second reading and adoption, and if adopted will take effect in 30
days. Both ordinances are set to expire on June 30, 2023. While the temporary ordinances are in
effect, options for permanent tenant protection measures will be explored.
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Below is a restatement of the many types of residential rental properties outlined in the October 25
staff report as exempt from AB 1482's tenant protections. These are also exempt from the proposed
ordinance. Exempt residential rental properties include:
• Residential real property that is alienable separate from any other dwelling unit (e.g., single-
family homes, condominiums, etc.), provided the owner is not a real estate investment trust,
corporation, or an LLC where a member is a corporation and the owner has provided notice to
the tenant(s) that the unit is not subject to AB 1482's protections.
• A tenant renting a room in an owner -occupied unit where kitchen or bathroom facilities are
shared.
• Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) where the
owner lives in one of the units.
• Duplexes where the owner lives in one of the units.
• Housing subject to affordability covenants.
The proposed temporary eviction moratorium ordinance would also provide an exemption for
complexes with twenty or fewer residential rental units in the City of Claremont.
RECOMMENDATION
Staff recommends that the City Council waive further reading and adopt AN UNCODIFIED
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA,
ESTABLISHING A TEMPORARY MORATORIUM ON CERTAIN "NO FAULT" RESIDENTIAL
EVICTIONS DUE TO A PROPERTY OWNER'S INTENT TO SUBSTANTIALLY REMODEL THE
TENANT'S UNIT IN THE CITY OF CLAREMONT.
ALTERNATIVES TO RECOMMENDATION
In addition to the recommendation, there are the following alternatives:
A. Do not adopt the ordinance.
B. Request additional information and direct staff to return the ordinance for a new first reading at
a future meeting.
FINANCIAL REVIEW
The staff cost to prepare this report is estimated at $2,156. The legal costs to prepare these
ordinances are estimated to be $7,500. These costs are included in the operating budget of the
Administrative Services Department.
ANALYSIS
On January 1, 2020, the California Tenant Protection Act of 2019 (AB 1482) established an annual
rent increase cap of five percent plus inflation or ten percent, whichever is lower, and prohibited
evictions without just cause. However, even when tenants are not "at fault," AB 1482 allows owners
to terminate tenancies for a number of reasons, including:
• Intent to occupy the residential real property by the owner;
• Withdrawal of the residential real property from the rental market;
• An order issued by a government agency; or
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• Intent to demolish or substantially remodel the residential real property.
It is important to note that many types of residential properties are exempt from AB 1482. These
exemptions are discussed in more detail in the next section of this report.
AB 1482 Exemptions
Many types of residential properties are exempt from AB 1482. In accordance with AB 1482, the
following properties would also be exempt from the proposed City Council ordinance (i.e. the
moratorium would not apply to these types of residences):
• A tenant renting a room in owner -occupied unit where kitchen or bathroom facilities are
shared.
• Accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs) where the owner
lives in one of the units.
• Duplexes where the owner lives in one of the units.
• Residential real property that is alienable separate from any other dwelling unit (e.g., single
family homes, condominiums, etc.), provided the owner is not a real estate investment trust,
corporation, or an LLC where a member is a corporation and the owner has provided notice to
the tenant(s) that the unit is not subject to AB 1482's protections.
• Housing subject to affordability covenants.
A full list of the properties exempt from AB 1482 can be found in Section 1946.2(e) of the California
Civil Code.
Temporary Eviction Moratorium Ordinance
Unless extended, the County's eviction moratorium (which was implemented in response to the
COVID-19 pandemic) will expire on December 31, 2022. The County also could terminate the
moratorium earlier if it so desires. Several Claremont residents who are long-time renters in large
apartment complexes report that their landlords are threatening to evict them when the County of Los
Angeles's eviction moratorium expires so that they can "substantially remodel" their units and raise
rents.
Moratorium
In response to these concerns, at its regular meeting of October 11, 2022, the City Council directed
staff to draft an ordinance that would impose a temporary moratorium on no-fault evictions due to
substantial remodeling. Staff prepared a draft urgency ordinance and a regular ordinance, both of
which were considered at the October 25, 2022 regular City Council meeting. The urgency ordinance
was adopted and went into effect immediately. The regular ordinance was placed on first reading.
Tonight is the proposed second reading and adoption of the regular ordinance. If adopted, the regular
ordinance will take effect in 30 days. Both the urgency ordinance and the regular ordinance will
expire on June 30, 2023 (i.e., 6 months after the anticipated effective date of the regular ordinance).
The interim time period will be used to research options for permanent tenant protection measures.
Exemptions
The temporary eviction moratorium ordinance will not apply to any property that is exempt from AB
1482. (See previous section of this report and California Civil Code § 1946.2(e).)
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The temporary eviction moratorium ordinance also would not apply to residential tenancies in
complexes with twenty or fewer rental units. The purpose of this exception is to respond to concerns
raised by the community about impacts to small landlords (and in particular, "mom and pop"
landlords). City staff has not received any reports that tenants in small apartment complexes,
duplexes, condominiums, or single family homes are being threatened with substantial remodel
evictions.
The temporary eviction moratorium ordinance also would not apply to substantial remodel evictions
where the work is necessary to either bring the property into compliance with applicable codes and
laws affecting health and safety of tenants of the building, or under outstanding notice of code
violation(s) affecting the health and safety of tenants of the building. In those circumstances, the
property owner could not terminate the tenancy until the landlord has: (1) secured all necessary
building permits for the work; (2) provided copies of those permits to the tenant(s); and (3) provided
the tenant(s) with a written detailed account 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
within 30 days.
Effect of Moratorium on Evictions in Progress
The temporary eviction moratorium ordinance will apply to all non-exempt residential rental units,
including where a notice to vacate or to quit the rental unit has been served prior to the effective date
of the ordinance, but where an unlawful detainer judgment has not been issued as of the effective
date of this ordinance.
LEGAL REVIEW
The ordinances being considered by the City Council have been reviewed and approved as to form
by the City Attorney.
RELATIONSHIP TO CITY PLANNING DOCUMENTS
Staff has evaluated the agenda item in relationship to the City's strategic and visioning documents
and finds that it applies to the following City Planning Documents: Council Priorities and General
Plan.
CEQA REVIEW
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) under State
CEQA Guidelines Section 15060(c)(2). The adoption of this ordinance will not result in a direct or
reasonably foreseeable indirect physical change in the environment, and is further and independently
exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061
(b)(3), in that it can be seen with certainty there is no possibility the adoption of this ordinance will
have a significant effect on the environment.
PUBLIC NOTICE PROCESS
The agenda and staff report for this item have been posted on the City website and distributed to
interested parties. If you desire a copy, please contact the City Clerk's Office.
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Submitted by:
Prepared by:
Adam Pirrie
City Manager
Attachment:
Temporary Eviction Moratorium Ordinance
Shelley Desautels
City Clerk
Reviewed by:
Katie Wand
Assistant to the City Manager
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ATTACHMENT
ORDINANCE NO. 2022-
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLAREMONT, CALIFORNIA ESTABLISHING A TEMPORARY MORATORIUM ON
CERTAIN "NO FAULT" RESIDENTIAL EVICTIONS DUE TO A PROPERTY OWNER'S
INTENT TO SUBSTANTIALLY REMODEL THE TENANT'S UNIT IN THE CITY OF
CLAREMONT
WHEREAS, effective January 1, 2020, the Tenant Protection Act of 2019,
Assembly Bill 1482 ("AB 1482") added Sections 1946.2, 1947.12, and 1947.13 to the
California Civil Code; and
WHEREAS, subject to certain exceptions, AB 1482: (1) limits rent increases over
the course of any 12-month period to 5% plus the "percentage change in the cost of living"
(as defined), or 10%, whichever is lower (the "Rent Stabilization Provisions"); and (2)
prohibits an "owner" (as defined) of "residential real property" (as defined) from
terminating a tenancy without "just cause" (as defined) (the "Eviction Control Provisions");
and
WHEREAS, AB 1482's Rent Stabilization Provisions and Eviction Control
Provisions are intended to "help families afford to keep a roof over their heads, and...
provide California with important new tools to combat our state's broader housing and
affordability crisis;" and
WHEREAS, AB 1482's Rent Stabilization Provisions do not apply to "a new
tenancy in which no tenant from the prior tenancy remains in lawful possession of the
residential real property" (Civ. Code § 1947.12(b)); and
WHEREAS, AB 1482's Eviction Control Provisions expressly permit a landlord to
evict a tenant in order to "substantially remodel" the rental unit (Civ. Code §
1946.2(b)(2)(D)(i)) (hereafter "Substantial Remodel Evictions"); and
WHEREAS, AB 1482's Eviction Control Provisions define "substantially remodel"
to mean:
"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"
(Civ. Code § 1946.2(b)(2)(D)(ii)); and
Ordinance No. 2022-
Page 2
WHEREAS, AB 1482, therefore, permits a landlord to evict a tenant to
"substantially remodel" the rental unit and then raise rents above AB 1482's rent caps
when a new tenancy begins; and
WHEREAS, AB 1482's Eviction Control Provisions expressly authorize local
agencies (like the City of Claremont) to adopt ordinances that are "more protective" than
AB 1482's Eviction Control Provisions, in which case, the "more protective" local
ordinance will apply to non-exempt residential real property (Civ. Code § 1946.2(g)(1)(B));
and
WHEREAS, like many cities in Los Angeles County, the City of Claremont is
experiencing a housing affordability crisis and a humanitarian crisis of homelessness that
would be exacerbated by the displacement of renters; and
WHEREAS, after the adoption of AB 1482 in October of 2019, the Los Angeles
County region saw an increase in the amount of evictions purporting to qualify as
Substantial Remodel Evictions; and
WHEREAS, in Claremont specifically, numerous tenants of residential real
property have recently reported that their landlords are threatening to evict them for the
alleged purpose of substantially remodeling their units; however, with few exceptions, the
City has not received applications for permits (e.g., building permits, grading permits, and
the like) for remodeling work in those units; and
WHEREAS, the City is concerned that, without "more protective" local eviction
control provisions, some landlords will exploit the Substantial Remodel Eviction exception
to evict tenants and raise rent in a manner that is not consistent with AB 1482; and
WHEREAS, since March of 2020, the United States, the State of California, the
County of Los Angeles, and the City of Claremont have all been in an ongoing state of
emergency due to the COVID-19 pandemic that has resulted in severe financial hardship
for many of Claremont's residents; and
WHEREAS, this City is concerned that displacing tenants from habitable
residences during the COVID-19 emergency and/or as they recover from the COVID-19
emergency will result in some tenants becoming unsheltered because they cannot find
and/or afford replacement housing; and
WHEREAS, a temporary moratorium on no-fault, "substantial remodel" evictions
while the City Council considers permanent local protections will prevent further
homelessness and displacement.
Ordinance No. 2022-
Page 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLAREMONT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals
The City Council finds the foregoing recitals and their findings to be true and
correct, and hereby incorporates such recitals and their findings into this ordinance.
SECTION 2. Environmental Review
The City Council finds and determines that the adoption of this Ordinance is
exempt from the California Environmental Quality Act (CEQA) under State CEQA
Guidelines Section 15060(c)(2), in that the adoption of this Ordinance will not result in a
direct or reasonably foreseeable indirect physical change in the environment, and is
further and independently exempt from the California Environmental Quality Act under
State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is
no possibility the adoption of this Ordinance will have a significant effect on the
environment.
SECTION 3. Findings of Fact
The City Council has the power to enact an ordinance, not in conflict with general
laws, as necessary to protect public peace, health, and safety, via exercise of the powers
provided to cities in Article XI, Section 7, of the California Constitution, and in compliance
with Government Code sections 36931 through 39637. The adoption of this Ordinance is
furthers the preservation of the public peace, health, and safety in at least the following
respects:
A. Since March of 2020, international, national, state, and local health and
governmental authorities have been responding to an outbreak of respiratory
disease caused by a novel coronavirus named "SARS-CoV-2" and the disease it
causes has been named "Coronavirus Disease 2019," abbreviated COVID-19
("COVID-19" ):
1. On March 4, 2020, the Governor of the State of California declared a State
of Emergency in response to COVID-19.
2. On March 4, 2020, the Health Officer of Los Angeles County determined
that the COVID-19 outbreak has created an imminent and proximate threat
to the public health of in Los Angeles County and declared a Local Health
Emergency, and the Los Angeles County Board of Supervisors concurrently
proclaimed the existence of a local emergency for the County of Los
Angeles.
Ordinance No. 2022-
Page 4
3. On March 11, 2020 the World Health Organization (WHO) publicly
characterized COVID-19 as a pandemic.
4. On March 13, 2020, the President of the United States declared a National
Emergency due to the continuing spread and the effects of COVID-19.
5. On March 14, 2020, the Director of Emergency Services for the City of
Claremont proclaimed the existence of a local emergency due to the spread
and potential further spread of COVID-19, which the City Council for the
City of Claremont ratified at a special meeting on March 19, 2020.
B. According to the Center on Budget and Policy Priorities (a nonpartisan
research and policy institute) ("CBPP"), the COVID-19 pandemic has resulted in
"economic fallout" that "caused significant hardship." (CBPP's COVID Hardship
Watch — "Tracking the COVID-19 Economy's Effects on Food, Housing, and
Employment Hardships,,, II ttII //www cb1!D1!D.Ding/Mites/defauftffilles/8.1 2Q!Dov.II, f-)
CBPP reports:
"In the early months of the crisis, tens of millions of people lost
their jobs. While employment began to rebound within a few
months, unemployment remained high throughout 2020.
Improving employment and substantial relief measures helped
reduce the very high levels of hardship seen in the summer of
2020. Nonetheless, considerable unmet need remained near
the end of 2021, with 20 million households reporting having
too little to eat in the past seven days and 10 million households
behind on rent. In early 2022, some 3 million fewer people are
employed than before the pandemic, though steady progress
has been made, including in recent months."
(1d. )
C. Independent of the COVID-19 crisis, the City of Claremont is experiencing
a housing affordability crisis, which is driving homelessness and displacement of
residents to an unprecedented scale.
D. When a household spends more than 30 percent of its income on housing
costs (i.e., is "rent burdened"), it has less disposable income for other necessities
such as health care. In the event of unexpected circumstances, such as loss of
income or health problems, households with a burdensome housing cost are more
likely to become homeless. In Claremont, approximately 52.4% of renter -
households use more than 30% of their incomes to cover housing costs, and of
those renter -households, approximately 44.2% spend 35 percent or more of their
income on housing costs. (2014-2019 ACS 5-Year Estimates.)
Ordinance No. 2022-
Page 5
E. As the cost of housing in Southern California continues to rise,
homelessness has become more prevalent. In the 2020 Greater Los Angeles
Homeless Street Count, 17 unsheltered individuals were counted in Claremont.
That number increased to 26 individuals in 2022.
F. The Greater Los Angeles Homeless Street Counts do not include
individuals who live with relatives or friends, in nearby hotels, or in other transitional
housing. The Claremont Unified School District reported that, as of July 2021,
there were 125 children that fit into the latter category (although the School District
includes some neighborhoods outside Claremont).
G. One of the most effective ways to address the homeless crisis is to prevent
individuals and families from becoming homeless in the first place. To that end,
the City has programs to assist families threatened with homelessness. For
example, the City's Department of Human Services is responsible for overseeing
the City Senior and Family Emergency Fund. This fund helps Claremont families
and seniors through initial crises. Once resolved, Human Services Department
staff works with the recipients to connect with agencies to assist them in obtaining
ongoing financial support.
H. Starting in April of 2020, Claremont's residential tenants were generally
protected from evictions by a variety of temporary COVI D-1 9-related governmental
measures, such as: (1) the California Judicial Council's temporary emergency
measures which effectively provided for a moratorium on all evictions; (2) the State
of California's eviction moratorium (ultimately codified through Assembly Bill 3088
(2020), Senate Bill 91 (2021), and Assembly Bill 81 (2021)); and (3) the County of
Los Angeles' Tenant Protections Resolution. However, with the exception of the
County's Tenant Protections Resolution, those measures have now expired or
have been lifted. The County can terminate its tenant protections at any time.
Unless the County extends its Tenant Protections Resolution, it is due to
automatically expire December 31, 2022.
I. The City has determined, both through direct residential tenant complaints
and through information available on a regional basis, that tenants throughout the
Los Angeles County region have reported experiencing a surge of eviction notices
and threats of eviction premised on AB 1482's Substantial Remodel Eviction
exception. In response to such threats and notices, other Los Angeles County
cities, including the County of Los Angeles and the Cities of Los Angeles, Long
Beach, South Pasadena, and Pomona, have adopted urgency ordinances or are
actively considering urgency ordinances aimed at protecting tenants from
illegitimate Substantial Remodel Evictions and/or increasing the amount of tenant
relocation assistance landlords must provide for Substantial Remodel Evictions.
Ordinance No. 2022-
Page 6
J. Starting in or around the summer of 2022, numerous residential tenants in
Claremont reported that their landlords were threatening to evict them after the
County of Los Angeles's tenant protections expire for the alleged purpose of
substantially remodeling their units. Many of these tenants provided public
comment at the City Council's regular meeting on October 11, 2022. However, with
few exceptions, the City has not received applications for permits (e.g., building
permits, electrical permits, plumbing permits, and the like) for remodeling work in
those units. This raises questions about the legitimacy of the property owners'
reliance on the AB 1482's Substantial Remodel Eviction exception.
K. At its regular meeting on October 11, 2022, the City Council expressed a
desire to study, develop, and consider adopting "more protective" local standards
for Substantial Remodel Evictions to ensure these evictions fully comply with AB
1482. The City Council directed staff to prepare ordinances that, if adopted, would
impose a temporary moratorium on Substantial Remodel Evictions in qualifying
residential units in the City of Claremont while the City Council studies, develops,
and considers permanent local protections, such as corroboration that the work on
the unit meets AB 1482's definition of "substantial remodel" and a requirement
provide a higher amount of tenant relocation assistance that what is required by
AB 1482.
SECTION 4. Temporary Moratorium on Certain "No Fault" Evictions
A temporary moratorium on no-fault evictions of certain residential tenants is
hereby approved, adopted, and imposed as follows:
A. Moratorium. During the period this moratorium is in effect, a landlord shall not
terminate the tenancy of a residential tenant based on an intent to "substantially
remodel" the residential real property, as "substantially remodel" is defined in
Section 1946.2(b)(2)(D) of the California Civil Code.
For ease of reference, as of the effective date of this Ordinance, Section
1946.2(b)(2)(D)(ii) defines "substantially remodel" as follows: "`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."
Ordinance No. 2022-
Page 7
B. Exceptions.
1. This moratorium shall not apply to the termination of a tenancy if the tenant
does not qualify for the protections of Assembly Bill 1482 (2019-2020) ("AB
1482"), as codified in Section 1946.2(a) of the California Civil Code.
For ease of reference, as of the effective date of this Ordinance, Section
1946.2(a) applies to the following tenants:
a. A tenant who "has continuously and lawfully occupied a residential
real property for 12 months"; and
b. 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 moratorium shall only apply if
either of the following are satisfied:
i. "All of the tenants have continuously and lawfully occupied
the residential real property for 12 months or more"; or
ii. "One or more tenants have continuously and lawfully
occupied the residential real property for 24 months or more."
2. This moratorium shall not apply to any type of residential real property or
residential circumstance that is exempt from AB 1482's just cause eviction
requirements, as codified in Section 1946.2(e) of the California Civil Code.
For ease of reference, as of the effective date of this Urgency Ordinance,
these exceptions include, without limitation, any of the types of housing
listed below. To the extent this list conflicts with Section 1946.2(e) of the
California Civil Code, Section 1946.2(e) shall prevail.
a. Units that were built within the past 15 years (Civ. Code §
1946.2(7));
b. Single family homes and condominiums unless the owner is one
of the following-
(i) a real estate investment trust, as defined in Section 856 of
the Internal Revenue Code;
(ii) a corporation; or
(iii) a limited liability company in which at least one member is
a corporation;
Ordinance No. 2022-
Page 8
And the tenants have been provided notice that the unit are
not subject to AB 1482's rent limits and just cause eviction
requirements. (Civ. Code § 1946.2(8))
c. Affordable housing for persons and families of very low, low, or
moderate income, including housing subject to an agreement that
provides housing subsidies for affordable housing. (Civ. Code §
1946.2(9))
d. Room rentals where the property owner lives in the unit (Civ. Code
§ 1946.2(e)(4));
e. An accessory dwelling unit (ADU) or a junior accessory dwelling
unit (JADU) where the property owner lives on site in one of the units
Civ. Code § 1946.2(e)(5)(A)); and
f. A duplex where the owner lives in one of the units (Civ. Code §
1946.2(e)(6)); and
g. Dormitories (Civ. Code § 1946.2(e)(3)).
3. This moratorium shall not apply to terminations of tenancies so the property
owner can perform work that meets AB 1482's definition of "substantial
remodel" and is necessary to either to bring the property into compliance
with applicable codes and laws affecting health and safety of tenants of the
building, or under an outstanding notice of code violations affecting the
health and safety of tenants of the building. A tenancy shall not be
terminated pursuant to this exception unless and until all of the following
prerequisites have been met:
(a) Building permits (and/or any other applicable permits) have been
secured from the City of Claremont;
(b) The tenant has been provided with copies of the permit(s); and
(c) The tenant has been provided with a written detailed account 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 within 30 days.
4. This moratorium shall not apply to residential tenancies in a complex with
twenty (20) or fewer rental units.
Ordinance No. 2022-
Page 9
C. Affirmative Defense. If a landlord initiates an unlawful detainer (eviction) action
against a residential tenant in the City of Claremont who is protected by this
Ordinance, the tenant may assert this Ordinance as an affirmative defense in that
action.
SECTION 5. Relationship to AB 1482
The City Council of the City of Claremont finds and declares that this Ordinance is
more protective than Section 1946.2 of the Civil Code. Consistent with AB 1482 and, as
authorized by subsection (g) of Section 1946.2, this Ordinance will temporarily prohibit
certain no-fault evictions to allow the City time to study, develop, and consider adoption
of permanent requirements, such as higher relocation assistance amounts and additional
tenant protections for "no-fault just cause" evictions based on a property owner's intent to
"substantially remodel" or demolish the residential real property.
It is the City's intent that its residential tenants be afforded the strongest protections
available under the law. If any other governmental entity (including without limitation, the
United States Government, the State of California, and the County of Los Angeles) adopts
stronger tenant protections that apply to residential tenants in the City of Claremont, then
the stronger tenant protections shall prevail, and the City shall not enforce conflicting
tenant protections in this Ordinance.
SECTION 6. Effective Date.
This Ordinance shall take effect thirty (30) days after its adoption in accordance
with Government Code Section 36937. The provisions of this Ordinance shall apply to all
residential rental units not specified in Section 4 to be exempt, including where a notice
to vacate or to quit any such rental unit has been served prior to, as of, or after the
effective date of this Ordinance, but where an unlawful detainer judgment has not been
issued as of the effective date of this Ordinance.
SECTION 7. Term of Moratorium
This moratorium shall be in effect until the earlier of: (1) the date a permanent
ordinance addressing 'Just cause" evictions adopted by the City Council of the City of
Claremont goes into effect; (2) the date this Ordinance is rescinded or terminated by the
City Council of the City of Claremont; or (3) June 30, 2023.
SECTION 8. Expiration or Termination
If the term of this Ordinance is not extended, then it shall automatically expire at
11.59 p.m. on its last day without further action of the City Council.
Ordinance No. 2022-
Page 10
SECTION 9. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or
portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or
ineffective by any court of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this Ordinance or any part thereof. The City
Council hereby declares that it would have adopted this Ordinance and each section,
subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance
irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To
this end, the provisions of this Ordinance are declared to be severable.
SECTION 10. Posting of Ordinance.
The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to
its passage and adoption. The City Clerk shall cause a summary of this Ordinance to be
published or posted as required by law.
PASSED, APPROVED AND ADOPTED this day of , 2022.
Mayor, City of Claremont
ATTEST:
City Clerk, City of Claremont
APPROVED AS TO FORM:
City Attornpq, City of Claremont