CHULA VISTA TENANT PROTECTIONS BEGIN
Ordinance stricter than state law on landlords’ ability to evict renters
A new law that shields renters from eviction goes into effect today in Chula Vista, making it the first city in the county to enact protections that are stricter than those allowed under state law.
The City Council last October passed a landlord-tenant ordinance aimed at safeguarding good tenants from no-fault evictions by landlords acting in bad faith.
The protections will cover several thousand units across the city of nearly 300,000 residents. Of the 79,000 units that make up its housing stock, more than 42 percent are rentals, according to 2019 city data. Apartment buildings with 10 or more units make up most of the rentals.
Both the city of San Diego and the county had no-fault eviction moratoriums that were enacted during the pandemic but have since expired. Tenants and advocates have been urging officials to adopt permanent ordinances. Such was the case in Chula Vista where the City Council began considering a local law in May after reports of tenant harassment and evictions.
The South County city joins a growing number of communities that are limiting when and how landlords can evict renters.
Bell Gardens approved rent control and a just-cause eviction ordinance in September. The city of Los Angeles, which has the second-largest inventory of regulated housing in the U.S., adopted a package of tenant protections last month.
Locally, San Diego city officials have proposed renter protections that, in some cases, would go above and beyond state law. Imperial Beach and National City have enacted ordinances protecting renters, but their emergency laws only cover trailer parks.
Here’s a breakdown of the ordinance’s components and what some think about the rules.
What are no-fault evictions?
Landlords can evict tenants for no reason, even when a renter is abiding by their lease. California has numerous exceptions, however.
Assembly Bill 1482, passed in
2019, allows them in situations where landlords intend to occupy their property, remove it from the rental market or make a substantial remodel.
No-fault evictions have become among the most common reasons why tenants have sought help from attorneys, advocacy groups and elected officials, said Gilberto Vera, an attorney with the Legal Aid Society of San Diego.
How does the ordinance differ from state law?
Chula Vista’s law imposes stricter requirements for property owners pursuing no-fault causes. These are some of the major differences:
• Chula Vista landlords must provide tenants with relocation payments worth up to two months’ rent and three months if the renter is a senior citizen or disabled. State law requires assistance worth one month’s rent.
• Anyone qualifies for relocation aid, even if a renter has one day of tenancy. The state requires one year of tenancy.
• When serving a no-fault eviction, landlords have three days to notify the city and list its reasons.
• The local law applies to all properties regardless of age, while state law exempts those that are 15 years old or newer. Chula Vista does exempt some property types, such as mobile homes.
• Not everything qualifies as a substantial remodel. Chula Vista’s law defines one as requiring improvements of $40 or more per square foot, and one that necessitates vacancy for more than 60 days. That means a 1,000square-foot apartment unit would need repairs worth $40,000. State law allows for remodels that require vacancy for at least 30 days.
• Chula Vista also classifies more actions as harassment or retaliation. The city prohibits landlords from refusing rent payments, committing fraud to influence someone to vacate their unit, or verbally abusing someone “to provoke an immediate violent reaction.”
Why was the ordinance adopted?
City officials and the Legal Aid Society of San Diego said the ordinance is a tool to prevent displacement and keep tenants who abide by their lease housed.
No-fault evictions “contribute to homelessness because the people who are most vulnerable, who are being displaced are elderly tenants, disabled tenants, longterm tenants,” said Vera, who is working with Chula Vista to help educate the community about the new ordinance.
The new law will also allow Chula Vista to start collecting local data about evictions, which could help guide officials in creating future policies.
Oftentimes, tenant advocates seek data to make their case for stronger protections, but “no one collects it,” said Vera. “That’s something we’re advocating other cities start collecting as well and showing the importance of having this data to make informed decisions on your housing policies.”
What property owners think
Housing providers and the Southern California Rental Housing Association have voiced opposition to Chula Vista’s ordinance.
The Association has stated that it is unnecessary because of AB 1482 and cities should wait to see how the state law plays out.
Landlords fear they will be forced to sell their properties, making way for big corporations to gentrify areas and offer units above the market rate.
Don Eklund, a longtime landlord with multiple buildings in Chula Vista, said the new rules will delay and make renovations more expensive, especially for mom-and-pop housing providers.
“I have a 1939 house and the tenants have been there 40 years. They’re seniors,” he said. “Eventually, I’ll have to ask them to leave (to make substantial repairs). I have to move them out for 60 days. That’s an expensive process.”