The City Of Glendale Just Cause And Retaliatory Eviction Ordinance

The City of Glendale recently enacted the Just Cause and Retaliatory Eviction Ordinance.  The ordinance prohibits eviction of a tenant unless the landlord has a just cause to do so, provides for relocation benefits to tenants that receive large rent increases and vacate as a result, requires tenants to be offered a one-year lease, and prohibits landlords from retaliating against tenants.

Which properties are covered under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

The City’s ordinance applies to almost all buildings with three or more units. Glendale, Cal. Mun. Code § 9.30.020.  The following properties are exempt:

• Properties that have two or fewer units (like undivided single family homes or duplexes).
• Rooms or accommodations in hotels, boarding houses, or lodging houses which are rented to transient guests for a period of less than thirty consecutive days.
• Rooms or accommodations in a hospital, convent, monastery, church, religious facility, extended care facility, asylum, or non­profit home for the elderly.
• Dormitories owned and operated by an institution of higher education, high school, or elementary school.
• Units within a common interest development, except when the rental unit’s landlord owns 50% or more of the units in the common interest development.
• Units owned or operated by any government agency or whose rent is subsidized under programs such as Section 8.
• Units that require intake, case management, or counseling as part of the occupation.
• Units that are subject to an agreement for density bonus housing, inclusionary housing, or an affordable housing, restricting the rental rate that may be charged for that unit. 

Can tenants waive their rights under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

No.  Any provision in a lease or rental agreement that waives a tenants rights under the ordinance is against public policy and void.  Glendale, Cal. Mun. Code § 9.30.110.

RENT INCREASE REGULATION UNDER THE CITY OF GLENDALE JUST CAUSE AND RETALIATORY EVICTION ORDINANCE

Does the City of Glendale Just Cause and Retaliatory Eviction Ordinance have a rent control provision?

No.  The City of Glendale does not have a rent control law that caps the amount a tenant’s rent can be raised annually.  But, the ordinance has provisions that attempt to regulate unfair and above-market rent increases in the following ways:

• Tenants who live in a building with at least five units must be offered a one-year lease renewal any time a landlord serves a rent increase notice; and 
• Tenants who live in a building with three or more units with a certificate of occupancy before February 1, 1995, who are served a rent increase of 7% or more are eligible for relocation assistance (see sections below on amounts) if they decide to move out due to the increase and vacate within fourteen days of the service of the rent increase.  Glendale, Cal. Mun. Code § 9.30.022.

Does the City of Glendale Just Cause and Retaliatory Eviction Ordinance permit a landlord to “bank” rent increases?

Yes. Landlords can choose to defer annual rent increases of up to 7% per year for a maximum of three consecutive years (or 21% maximum deferral).  Glendale, Cal. Mun. Code § 9.30.033(B). If a landlord banks rent increases and then raises the rent at a later time to more than 15%, the tenant may choose to vacate and receive relocation assistance.  Id.  Relocation assistance under these conditions only apply to tenants who live in a unit that has a certificate of occupancy dated before February 1, 1995.  Glendale, Cal. Mun. Code § 9.30.033(C).

Does my tenancy fall under the State of California Tenant Protection Act of 2019 for purposes of rent control?

Because the City of Glendale does not have a rent control ordinance, the California Tenant Protection Act of 2019 (“California Rent Control”) applies to all units in Glendale that meet the requirements of state rent control.  In general, your tenancy may fall under state rent control if you live in a multi-unit building that is at least fifteen years old and you have resided in the unit for at least one year.  Please read our guide to determine if your unit is covered by State of California Rent Control  rent ceiling protections.

EVICTION PROTECTIONS UNDER THE CITY OF GLENDALE JUST CAUSE AND RETALIATORY EVICTION ORDINANCE

Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

The just-cause eviction protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City of Glendale that are not covered by the City of Glendale Just Cause and Retaliatory Eviction Ordinance, and that otherwise meet the requirements of state rent control.  In general, the city’s  just-cause for eviction protections apply to most buildings that have three or more units.  If your Glendale building has less than three units (for example, is a single family home or duplex) or is one of the other exempt units under the City’s ordinance, please read our guide to determine if your unit is covered by the State of California Rent Control  just-cause for eviction protections.

What are the just-cause reasons for eviction under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

A landlord must have a just-cause reason to terminate a tenancy in Glendate if the unit is covered (typically properties with three or more units).  Glendale, Cal. Mun. Code § 9.30.030.  If a landlord does not have one of the permissible reasons for eviction, they cannot force a tenant out of their home.

The following are the for-fault reasons for eviction:

• The tenant has failed to pay the rent.
• The tenant has violated the lease or rental agreement after having been given notice of a violation by the landlord.
• The tenant has permitted or committed a nuisance, damaged the unit or the property, or interfered with the comfort, safety, or enjoyment of the other residences within a 1,000 foot radius of the boundary line of the property.
• The tenant is using the unit for any illegal purpose, or has carried out an illegal act within a 1,000 feet radius of the boundary line of the property.
• The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.
• The tenant has refused the landlord reasonable access to the unit.

The following are the no-fault reasons for eviction:

• The landlord seeks in good faith to recover possession of the unit to demolish it or the building, or plans to perform work on the building or unit that will render the unit uninhabitable for at least thirty days, and the work costs at least eight times the amount of the monthly rent multiplied by the number of rental units being worked on.
• The landlord seeks in good faith to recover possession of the property for their own occupancy, for the landlord’s spouse, children, grandchildren, parents or grandparents occupancy, or for the occupancy of a resident manager. (Owner, relative, or resident manager move-in eviction).
• The landlord seeks in good faith to recover possession of the property for the occupancy of tenants who require case management or counseling as part of their tenancy.
• The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use pursuant to state law.
• The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency’s order to vacate.
• To comply with a contractual agreement relating to the qualifications of the tenancy with a government entity, where the tenant is no longer qualified.
• The tenant continues to smoke in a non-smoking unit or in common areas where smoking is prohibited.  Id.

Is adding an occupant to a unit a just-cause for eviction under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

No. However, landlords have a right to approve or disapprove an additional occupant, unless it is a dependent child that is moving into the unit.  Id.  Additional occupants cannot be unreasonably denied by the landlord.  Id.  The ordinance is silent on the procedure that a tenant must follow to seek approval by the landlord and what recourse a tenant has if the request is unreasonably denied. 

What requirements must be met by the landlord to evict a tenant through an owner, relative, or resident manager move-in under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

The owner must be a natural person (not a corporation, partnership, limited partnership, association, or trust company).  Id.  The ordinance is silent on what percent of the property the landlord must own, the timeframe the owner has to occupy the unit after the tenant vacates, how long the owner must live in the property, and whether a tenant has a right to reoccupy the unit if it is offered for re-rental.  Other than for a resident manager move-in, the ordinance is silent on whether an existing available vacant unit prevents the owner or relative from moving into an occupied unit.

A resident manager move-in eviction is allowed only when no vacant units are available for occupancy.  Id.  If a resident manager already lives at the property, a landlord will not be able to perform a resident manager move-in eviction on any other unit and can only evict the existing resident manager to replace them with a new one.  Id.

How much notice am I entitled to for an owner, relative, or resident manager move-in eviction under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

If you have resided in the unit for a year or more, you are entitled to a sixty days’ written notice.  Cal. Civ. Code § 1946.1.​  If you have resided in the unit for less than a year, you are entitled to a thirty days’ written notice.  Id. 

Is a tenant protected from an owner, relative, or resident manager move-in eviction under the City of Glendale Just Cause and Retaliatory Eviction Ordinance if they are elderly or disabled?

No.  Unfortunately, the City of Glendale’s ordinance is silent on whether a tenant has protections from an owner, relative, or resident manager move in based on a tenant’s age or disability.

What requirements must be met by the landlord to evict a tenant through an Ellis Act eviction under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

There are no additional requirements to the state law under the City’s ordinance that provide guidance regarding procedures a landlord must follow to remove their property from the rental market in Glendale.  Generally, all units in a building must be removed or demolished, even the unoccupied units, and the building will have strict re-rental restrictions.

How much notice am I entitled to for an Ellis Act eviction under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

Tenants are entitled to a 120-Day notice unless they are a protected tenant, which would entitle the tenant to a one-year extension.  Cal. Gov. Code § 7060.4.

Am I protected from an Ellis Act eviction under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

Generally, tenants are not protected from an Ellis Act eviction, but a tenant may be entitled to a longer notice period if they are elderly or disabled.  Id.  If you are at least 62 years old or are disabled as defined in Government Code Section 12955.3 and have resided in your rental unit for at least one year you may be entitled to a one-year extension.  Id.  To request the extension you must give your landlord a written notice within 60 days of their notice of intent to withdrawal being filed.  Id.

RELOCATION ASSISTANCE UNDER THE CITY OF GLENDALE JUST CAUSE AND RETALIATORY EVICTION ORDINANCE

When is a tenant entitled to relocation benefits under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

Most tenants who live in a building with at least three units who are evicted for a no-fault reason or who have been served a rent increase of 7% or more are eligible for relocation assistance, as detailed below.  Glendale, Cal. Mun. Code § 9.30.035.

Are some tenants exempt under the City of Glendale Just Cause and Retaliatory Eviction Ordinance from receiving relocation assistance after they are evicted for a no-fault reason?

Yes, some tenants are exempt from receiving relocation assistance after a no-fault eviction.  Tenancies that are exempt from this provision are the following:

• Properties with two or fewer units (like undivided single family homes or duplexes).
• Accessory dwelling units (like permited in-law units, backyard structures, converted garages, or basements).
• Units where, prior to entering into the tenancy, the landlord provided the tenant with written notice that the landlord applied with the city or has been approved by the city to subdivide the property and covert the unit into condominiums, a stock cooperative, or community apartment, and that the tenant would need to relocate as a result.
• Resident managers who are evicted so that a new resident manager may move into the unit.
• When a government agency’s order requires the tenant to vacate due to hazardous conditions caused by a natural disaster or act of God.
• When the tenant has already received relocation assistance from a government agency due to the eviction that is the same or greater than that provided by the ordinance.

Glendale, Cal. Mun. Code § 9.30.035.

How much relocation assistance is a tenant entitled under the City of Glendale Just Cause and Retaliatory Eviction Ordinance when they are evicted for a no-fault reason?

For no-fault evictions, tenants are entitled to a relocation payment of two times the fair market rent as established by HUD for a comparable unit in Los Angeles County, plus an additional $1,000.  Glendale, Cal. Mun. Code § 9.30.035.

Are some tenants exempt under the City of Glendale Just Cause and Retaliatory Eviction Ordinance from receiving relocation assistance when a large rent increase forces them to vacate?

Yes.  A tenant that receives a rent increase of 7% or more is only eligible for relocation assistance (as detailed below) when the building they live in has at least three units and has a certificate of occupancy issued before February 1, 1995.  Glendale, Cal. Mun. Code § 9.30.035.

How much relocation assistance is a tenant entitled under the City of Glendale Just Cause and Retaliatory Eviction Ordinance when they are forced to move because of a large rent increase?

When a tenant vacates because of a substantial rent increase of 7% or more, the landlord is required to pay the following relocation amounts:

• For three and four unit properties, the tenant shall receive three times the tenant’s actual rent, regardless of how long they resided in the unit.
• For properties with five or more units, the amount will depend on the tenant’s household income and length of tenancy.  
  • For tenants who have lived at the unit for three years or less, the tenant shall be paid three times the rent amount after the rent increase.
  • For tenants who have a household income below the Area Median Income (AMI) for Los Angeles County, the tenant shall be paid the product of the number of years they resided in the unit multiplied by the rent proposed.
    • For tenants who occupied a unit for 0-3 years, the tenant shall be paid three times the rent amount after the rent increase.
    • For tenants who occupied a unit for 3-4 years, the tenant shall be paid four times the rent amount after the rent increase.
    • For tenants who occupied a unit for 4-5 years, the tenant shall be paid five times the rent amount after the rent increase.
    • For tenants who occupied a unit for more than 5 years, the tenant shall be paid six times the rent amount after the rent increase. 

Glendale, Cal. Mun. Code § 9.30.035.

Do all tenants in the unit receive relocation benefits under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

Tenants should be aware that relocation payments are per unit, not per tenant.  If there is more than one tenant in the unit, each tenant will be entitled to a pro-rata share of the payment.  Glendale, Cal. Mun. Code § 9.30.035.

When are the relocation benefits paid to a tenant under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

When a tenant must vacate due to a no-fault eviction, half of the relocation must be paid to the tenant within five business days after the service of the termination notice, and the other half must be paid within five business days after the tenant vacates.  Glendale, Cal. Mun. Code § 9.30.035.

When a tenant vacates due to a large rent increase, half of the relocation must be paid to the tenant within five business days following the tenant’s written notice of their intention to vacate, and the other half must be paid within five business days after the tenant vacates.  Id.  If the tenant does not vacate the unit, they must return the relocation payments to the landlord.  Id.

If a tenant lives in an illegal or unpermitted unit are they eligible for relocation assistance under the City Glendale Just Cause and Retaliatory Eviction Ordinance?

Yes.  As long as the tenancy meets all other requirements under the ordinance to receive relocation assistance, the landlord is required to pay relocation regardless of whether the rental unit was created in violation of any provision of law.  Glendale, Cal. Mun. Code § 9.30.035.

TENANTS HAVE A RIGHT TO A ONE-YEAR LEASE UNDER THE CITY OF GLENDALE JUST CAUSE AND RETALIATORY EVICTION ORDINANCE

When must the landlord offer a tenant a one-year written lease under the City Glendale Just Cause and Retaliatory Eviction Ordinance?

The ordinance requires a landlord to offer a one-year written lease renewal if they serve a rent increase notice to a tenant that lives in a building with at least five units.  Glendale, Cal. Mun. Code§ 9.30.025.  Glendale landlords are not required to offer a one-year lease to existing tenants who are behind on rent.  Id.

In addition, all new and prospective tenants must be offered a one-year written lease at the inception of their tenancy.  Id. 

Which tenants are not entitled to a written one-year lease offer by the landlord under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

The following tenants are not entitled to a written one-year lease offer from their landlord:

1. Tenants that live in a property with less than five units.
2. A subtenant that rents from a master tenant.
3. Tenants that are corporations.
4. Tenants that are the resident manager, provided a written rental agreement or contract exists. 
5. Tenants who are behind on rent when their original lease expires. 

Glendale, Cal. Mun. Code§ 9.30.025.

How much notice is a tenant entitled to under the City of Glendale Just Cause and Retaliatory Eviction Ordinance for a one-year written lease offer from their landlord?

A landlord must provide an offer of a new one-year lease term to a tenant at least ninety days before the expiration of the existing lease.  The notice must be in writing, must offer a minimum of a one-year term, state the proposed rent increase, and provide information about relocation assistance for certain rent increases. Glendale, Cal. Mun. Code§ 9.30.025.

How long does a tenant have to respond to the one-year lease offer under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

Once a tenant receives a timely one-year renewal offer, they will have sixty days to respond to the landlord that they accept the offer or that they reject the offer and plan to vacate or want to negotiate for a shorter term.  Tenants must respond to the landlord’s offer in writing, otherwise the response will be deemed a rejection of the offer.  Signing the lease is considered a written response. Glendale, Cal. Mun. Code§ 9.30.025.

What happens if a landlord does not offer a one-year lease to an eligible tenant under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

If a landlord does not offer a one year lease to a tenant that is entitled to the offer, the landlord will be prohibited from increasing the rent until they present the tenant with a written one-year lease.  Glendale, Cal. Mun. Code§ 9.30.025.

LANDLORD RETALIATION IS PROHIBITED UNDER THE CITY OF GLENDALE JUST CAUSE AND RETALIATORY EVICTION ORDINANCE

What is retaliation under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

Tenants are protected from retaliation by their landlord when the tenant asserts or exercises their rights under any local, state, or federal law.  Glendale, Cal. Mun. Code § 9.30.060.

It is presumed to be retaliation when a landlord threatens to evict a tenant, actually evicts the tenant, causes the tenant to quit a rental unit involuntarily, serves any notice to quit or notice of termination of tenancy, decreases any services, or increases the rent within 180 days of the tenant’s assertion or exercise of rights under the law, request or demand for mediation or arbitration, or for the tenant’s participation in a lawsuit.  Id.

Retaliation shall be a defense to an unlawful detainer (an eviction lawsuit).  Id.

PENALTIES FOR A LANDLORD WHO VIOLATES THE LAW

Can I sue my landlord for a wrongful eviction under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

A tenant who sues their Glendale landlord for a wrongful eviction in violation of the ordinance can seek recovery of attorney fees from the landlord.  Glendale, Cal. Mun. Code §9.30.050

Can I sue my landlord for retaliation under the City of Glendale Just Cause and Retaliatory Eviction Ordinance?

Yes, a tenant can sue their landlord for actual and punitive damages, and/or injunctive relief.

Glendale, Cal. Mun. Code §9.30.060.

Also, a landlord that violates this provision may be punished by a fine of up to $250 for the first violation, and up to $500 for the second violation within one year.  Glendale, Cal. Mun. Code §9.30.070.  If a landlord violates the law for a third time in one year, the landlord will be guilty of a misdemeanor.  Id. The City of Glendale Just Cause and Retaliatory Eviction Ordinance is relatively new.  Tenants who have questions about the law or who believe their landlord has violated the ordinance should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney.