Tenant Protections for Chula Vista Start on March 1st, 2023.
Starting from March 1, the Tenant Protection Ordinance of the City of Chula Vista will take effect. Its aim is to eliminate the loopholes for no-fault eviction, but some argue that it could bring about unintended repercussions for landlords. In addition to constraining no-fault evictions, the ordinance also offers greater relocation support to tenants and shields them from landlord harassment and retaliation.
Last fall, the Chula Vista City Council passed the new law following reports from tenants that their landlord was forcing them to leave the property for remodeling and subjecting them to harassment to vacate the premises.
According to the ordinance, if a landlord issues a no-fault eviction notice to a tenant, they must file that notice with the city within three business days.
According to the Legal Aid Society of San Diego, the overall goal of the ordinance is to prevent displacement of tenants who are not at fault, especially those who are susceptible to becoming homeless.
Opposers of the ordinance, such as the Southern California Rental Housing Association, warned it could have unintended consequences for landlords such as having them fined or leave them vulnerable to face criminal charges for communicating with their tenants.
What is The Residential Tenant Protection Ordinance?
The Residential Tenant Protection Ordinance, also known as CVMC section 9.65, was adopted by the Chula Vista City Council on November 1, 2022. This ordinance was designed to enhance the existing statewide protections and provide additional safeguards for tenants in specific cases of no-fault evictions within the City of Chula Vista. To understand the distinctions between state and local law for each type of property, you can review the comparison of state law and CVMC 9.65.
It should be noted that as per CVMC section 9.65.060(D), landlords who fall under the jurisdiction of CVMC 9.65 are obligated to inform their existing tenants about the protections offered by CVMC 9.65 on or before March 1, 2023, as well as to tenants who sign new leases or renew their leases on or after March 1, 2023.
Which properties are subject to CVMC 9.65?
As per CVMC 9.65.060(D), if a residential rental unit falls under the jurisdiction of CVMC 9.65 and is already in existence before March 1, 2023, the landlord must provide a Notice to Tenants Subject to CVMC 9.65 or an equivalent notice to the tenant(s) either directly or as an addendum to the lease or rental agreement by no later than March 1, 2023.
On the other hand, for residential rental units subject to CVMC 9.65 that are commenced or renewed on or after March 1, 2023, the notice must be included as an addendum to the lease or rental agreement, or provided as a written notice that the tenant(s) must sign, with a copy of the notice provided to the tenant(s). (see CVMC 9.65.060(D))
Which properties are exempt?
If the owner of a single-family home or condominium falls under the exemption criteria of CVMC 9.65.040(C) and is not included in the entities identified in CVMC 9.65.040(C)(1), they are still required to provide a Notice to Tenants Exempt from CVMC 9.65 or an equivalent notice to their tenant(s).
For residential tenancies that already exist before March 1, 2023, the notice may be provided in the rental agreement but it is not mandatory. For residential tenancies that commence or renew on or after March 1, 2023, the notice must be included in the rental agreement. Additionally, adding a provision that contains the notice to any new or renewed rental agreement or fixed-term lease is considered a similar provision for the purposes of section (see CVMC 9.64.040(C)).
Filed under: News and Updates