Pasadena Fair And Equitable Housing Charter Amendment
The City of Pasadena Fair and Equitable Housing Charter Amendment protects tenants from unjust evictions without a cause and from unreasonable rent increases. The law also provides relocation benefits for tenants who are evicted for a no-fault reason, regulates buyouts, and prohibits harassment of tenants.
Pasadena Tenant Lawyers
Tobener Ravenscroft LLP is the leading tenant rights law firm in California and has been in business for over twenty years. The firm serves tenants in Pasadena and focuses on wrongful evictions, intractable repair issues, landlord harassment, tenant discrimination, landlord sexual harassment, and landlord-caused injuries.
Just-Cause Eviction Protection Under The City Of Pasadena Fair And Equitable Housing Charter Amendment
What Units Have Just-Cause Eviction Protection Under The Pasadena Fair And Equitable Housing Charter Amendment?
Almost all units in Pasadena have just-cause eviction protection under the Pasadena Fair and Equitable Housing Charter Amendment.
Tenants sharing a bathroom or kitchen with the homeowner do not have just-cause eviction protection. Pasadena, Cal., Code of Ord., Art. XVIII § 1805.
If an owner wishes to temporarily rent out their primary residence for less than twelve months, the tenancy will not have just-cause eviction protection. Id. This only applies to single-family homes, and the owner can only do this for twelve months in any thirty-six-month period. Id.
Tenancies for less than thirty days in hotels and rooming and boarding houses also do not have just-cause eviction protection. Pasadena, Cal., Code of Ord., Art. XVIII § 1804. Additionally, hospitals, convents, monasteries, extended medical care facilities, asylums, non-profit homes for the aged, dormitories, drug treatment programs, below-market-rate units, and government units do not have just-cause eviction protection. Id.
Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The Pasadena Fair And Equitable Housing Charter Amendment?
The eviction protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in Pasadena that are not covered by the Pasadena Fair And Equitable Housing Charter Amendment and that otherwise meet the requirements of state rent control eviction protections. If your Pasadena unit is one of the exempt buildings under the City’s law, please read our guide to determine if your unit is covered by California Rent Control eviction protections.
What Are The Just Causes For Eviction Under The Pasadena Fair And Equitable Housing Charter Amendment?
- Failure to pay rent
- Substantial and continuous breach of lease after a written notice to cease, except as to lawful subleasing and roommate replacement
- Continuing nuisance after a written notice to cease
- Using or permitting use of the unit for an illegal purpose
- Refusing to sign a written lease that is of like duration and has materially the same terms as the previous lease
- Failure to provide access to the unit
- Removing an unapproved subtenant in sole possession of the unit
- Temporary eviction for necessary and substantial repairs
- Owner or relative move-in
- Withdrawal of all the units from the rental market under the Ellis Act
- Vacating a unit to comply with a government order.
Pasadena, Cal., Code of Ord., Art. XVIII § 1806.
Can I Replace A Roommate Or Add A Family Member Under The Pasadena Fair And Equitable Housing Charter Amendment?
The Pasadena Fair and Equitable Housing Charter Amendment specifically allows tenants to do a one-for-one roommate replacement or add a family member. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(a)(2). Tenants seeking to replace a roommate should give the landlord fourteen days’ advance notice. Id. The landlord cannot unreasonably withhold consent for the new roommate. Id. It is unlawful for the landlord to deny a new roommate based on credit score. Id. A landlord can refuse the addition of a roommate if the total number of occupants will exceed the maximum number of occupants allowed under Section 503(b) of the Uniform Housing Code. Id. A landlord cannot evict a tenant for adding a child, parent, grandchild, grandparent, brother or sister, dependent relative, spouse, or domestic partner, so long as the number of occupants does not exceed the maximum number of occupants as determined under Section 503 (b) of the Uniform Housing Code. Id.
What Are The Requirements For Temporarily Removing A Tenant For Repairs Under The Pasadena Fair And Equitable Housing Charter Amendment?
To temporarily evict a tenant for repairs under the Pasadena Fair and Equitable Housing Charter Amendment, the landlord must show that the repairs are substantial and necessary to bring the unit into compliance with applicable codes and laws affecting health and safety. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(a)(8). The Landlord must first obtain all necessary permits. Id. The City of Pasadena must confirm that the repairs necessitate the tenant vacate for more than thirty days. Id.
While the work is being done, the landlord must either provide a vacant unit owned by the landlord or relocation assistance. Id. The vacant unit must be offered at the same or lower rent. Id. After the work is completed, tenants shall have the right to return to their unit at their same rent. Id.
What Are The Requirements For An Owner Or Relative Move-In Under The Pasadena Fair And Equitable Housing Charter Amendment?
Under the Pasadena Fair and Equitable Housing Charter Amendment, a landlord may recover a unit as their own primary residence or for the landlord’s spouse, domestic partner, children, grandchildren, parents, or grandparents. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(a)(9). To do this, the landlord must have a fifty percent ownership in the property as a natural person. Id. An owner or relative move-in is not allowed if the owner or relative already occupies a unit on the property or if a comparable unit is available or becomes available before the tenant moves out. Id. The owner- or relative-move-in eviction notice must provide the name, address, and relationship. Id. Landlords must provide relocation assistance to the displaced tenants. Id.
The owner or relative must move into the unit within sixty days and occupy the unit as a primary residence for at least thirty-six consecutive months. Id. If the owner or relative fails to occupy within sixty days and remain for at least thirty-six months, the tenant must be offered the right to return at the same rent. Id. The landlord must also pay all the tenant’s reasonable moving expenses. Id.
Owner- and relative-move-in evictions are not allowed on tenants who have lived in the unit for at least five years and who are at least sixty years old, disabled, or terminally ill. Id. Disability is a physical or mental impairment that if left untreated would limit a major life activity. This will not apply where the owner or relative who is moving in is also in one of these protected categories. Id.
What Are The Requirements For An Ellis Act Eviction Under The Pasadena Fair And Equitable Housing Charter Amendment?
An Ellis Act eviction means that the landlord is withdrawing the building from the rental market and going out of the landlord business. This means that all tenants in the building must be evicted, not just one unit.
Tenants are entitled to a 120-day notice for an Ellis eviction. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(a)(10). This will be extended to one year where a tenant in a household is senior or disabled. Id. “Disability” is a physical or mental impairment that if left untreated would limit a major life activity. Pasadena, Cal., Code of Ord., Art. XVIII § 1803(f). “Senior” is not defined under the Pasadena Fair and Equitable Housing Charter Amendment for purposes of an Ellis Act eviction, but presumably is sixty-two years or over. Landlords must pay relocation assistance to the displaced tenants. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(b). If the unit is returned to the rental market, the landlord must offer the unit back to the displaced tenant at the same rent. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(c).
What Rights Do Tenants Have When Displaced By Government Order Under The Pasadena Fair And Equitable Housing Charter Amendment?
Landlords must pay relocation assistance or offer any vacant units in any building at the same or lower rent. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(a)(11). Once a unit has been repaired, tenants shall also be given the right to reoccupy their old unit at the same rent. Id.
Allowable Rent Increases Under The City Of Pasadena Fair And Equitable Housing Charter Amendment
What Units Have Rent-Ceiling Protection Under The Pasadena Fair And Equitable Housing Charter Amendment?
Most units built before February 1, 1995, have rent limitations under the Pasadena Fair and Equitable Housing Charter Amendment. Pasadena, Cal., Code of Ord., Art. XVIII § 1804.
Tenants sharing a bathroom or kitchen with the homeowner do not have rent caps. Pasadena, Cal., Code of Ord., Art. XVIII § 1805.
If an owner wishes to temporarily rent out their primary residence for less than twelve months, the tenancy will not have rent caps. Id. This only applies to single-family homes, and the owner can only do this for twelve months in any thirty-six-month period. Id.
Tenancies for less than thirty days in hotels and rooming and boarding houses also do not have rent caps. Pasadena, Cal., Code of Ord., Art. XVIII § 1804. Additionally, hospitals, convents, monasteries, extended medical care facilities, asylums, non-profit homes for the aged, dormitories, drug treatment programs, below-market-rate units, and government units do not have rent caps. Id.
Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The Pasadena Fair And Equitable Housing Charter Amendment?
The rent-ceiling protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units Pasadena that are not covered by the Pasadena Fair And Equitable Housing Charter Amendment and that otherwise meet the requirements of state rent control. If your Pasadena unit is one of the exempt buildings under the City’s law, please read our guide to determine if your unit is covered by California Rent Control rent caps.
How Much Can A Landlord Increase The Rent On Units Covered By The Pasadena Fair And Equitable Housing Charter Amendment?
The annual allowable rent increase is equal to 75% of the Consumer Price Index for All Items, All Urban Consumers, Los Angeles-Riverside-Orange County region as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending in March. Pasadena, Cal., Code of Ord., Art. XVIII § 1808. A landlord may only increase the rent one time each year. Id. If the landlord fails to increase the rent by the annual allowable rent, the landlord forever waives that year’s rent increase. Id. A rent increase is void if the notice does not mention the existence of the Pasadena Fair and Equitable Housing Charter Amendment and the right to file a petition to challenge the rent increase. Id. For a rent increase to be effective, the landlord must have registered the unit with the Pasadena Rental Housing Board and have complied with all City of Pasadena orders to repair the unit. Id. When a rental unit becomes vacant, the landlord can set the rent to market rate. Pasadena, Cal., Code of Ord., Art. XVIII § 1809.
Under The Pasadena Fair And Equitable Housing Charter Amendment, Can A Landlord Petition For A Rent Increase Above The Annual Allowable Amount?
If a landlord believes the property is not making a “fair return” under the rent caps of the Pasadena Fair and Equitable Housing Charter Amendment, the landlord may petition for a larger increase. Pasadena, Cal., Code of Ord., Art. XVIII § 1813. As a prerequisite to filing the petition, the landlord must ensure that the property is in good repair and that the landlord is in compliance with all rules in the Pasadena Fair and Equitable Housing Charter Amendment. Id.
To determine whether the landlord is making a fair return, the Pasadena Rental Housing Board will review the gross rental income and operating expenses. Id. Operating expenses include repair and maintenance costs, utility expenses, property taxes, license fees, legal fees, and rent registration fees. Id. Operating expenses do not include mortgage payments, fines, political contributions, depreciation, security deposits, repair costs caused by unreasonable delays in maintenance, and settlements and judgments. Id.
Under The Pasadena Fair And Equitable Housing Charter Amendment, Can A Tenant Petition For A Rent Decrease?
If a landlord fails to maintain a unit or the common areas in good repair, reduces services, or unlawfully increases the rent, a tenant may file a petition with the Pasadena Rental Housing Board for a rent decrease. Pasadena, Cal., Code of Ord., Art. XVIII § 1814.
Are Tenants Entitled To Relocation Assistance Under The Pasadena Fair And Equitable Housing Charter Amendment?
In Pasadena, tenants are owed relocation assistance when displaced due to necessary and substantial repairs, an owner or relative move-in, an Ellis Act eviction, a government order to vacate, or a tenant’s inability to pay a rent increase above five percent. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(b). Half of the relocation is due within ten days of the eviction notice and half is due when the tenant vacates. Id. The landlord may elect to pay the second half to an escrow account until the tenant vacates. Id. The amount of the relocation is published by the Pasadena Rental Housing Board and is available here. Note that an additional relocation payment is owed to households with at least one tenant who is sixty years old or older, disabled, terminally ill, or nineteen years old or younger. Id.
Are Landlords Required To Pay Interest On Security Deposits In Pasadena?
Yes. Landlords are required to pay interest on security deposits in Pasadena. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(f). The Pasadena Rental Housing Board sets the annual percentage.
Buyouts Under The City Of Pasadena Fair And Equitable Housing Charter Amendment
What Are The Requirements For Tenant Buyouts In Pasadena?
Before offering money to a tenant to give up a rent-controlled tenancy, a landlord must have the tenant sign a disclosure of rights form provided by the Pasadena Rental Housing Board. Pasadena, Cal., Code of Ord., Art. XVIII § 1810.
Any agreement to pay a tenant to move must give the tenant 45 days to cancel without penalty. Id. The agreement must also inform the tenant that they do not have to enter into a buyout and have the right to legal advice. Id. Within sixty days of execution, the landlord must provide a copy of the buyout agreement to the Pasadena Rental Housing Board. Id.
If a tenant is forced to vacate pursuant to a noncompliant buyout agreement, the tenant can sue the landlord for actual damages and a $1,000 penalty. Id.
Retaliation And Harassment Under The City Of Pasadena Fair And Equitable Housing Charter Amendment
Is Landlord Retaliation Prohibited Under The Pasadena Fair And Equitable Housing Charter Amendment?
A landlord may not threaten to bring an eviction action, cause a tenant to move involuntarily, serve an eviction notice, decrease services, interfere with quiet enjoyment, or increase the rent in retaliation for a tenant asserting rights under the Pasadena Fair and Equitable Housing Charter Amendment. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(g). A tenant may sue a landlord who retaliates for actual and punitive damages and injunctive relief. Id.
Is Landlord Harassment Prohibited Under The Pasadena Fair And Equitable Housing Charter Amendment?
A landlord in Pasadena cannot do any of the following in an attempt to unlawfully increase rent or create a vacancy in order to increase rent: threaten to bring an eviction action, cause a tenant to move involuntarily, serve an eviction notice, decrease services, interfere with quiet enjoyment, unilaterally change the terms of the lease, refuse to accept or acknowledge rent, illegally collect rent, or interfere with the right to organize. Pasadena, Cal., Code of Ord., Art. XVIII § 1806(h). Any tenant who has suffered harassment may sue the landlord for actual and punitive damages and injunctive relief. Id.
Penalties For A Landlord Who Violates The Law
Under The Pasadena Fair And Equitable Housing Charter Amendment, Can A Tenant Sue A Landlord For Wrongful Eviction Or Illegal Collection Of Rents?
A tenant may sue their landlord for any violation of the Pasadena Fair and Equitable Housing Charter Amendment, including for collection or attempt to collect unlawful rent increases. Pasadena, Cal., Code of Ord., Art. XVIII § 1817. The landlord will be liable to the tenant for all actual damages plus attorney fees and costs. Id. Triple damages are available if the jury finds that the landlord acted willfully or with oppression, fraud, or malice. Id. Injunctive relief to return to the unit is available to tenants who were wrongfully displaced by an owner- or relative-move-in eviction, an Ellis Act eviction, a demolition or substantial repair eviction, or a government order eviction. Pasadena, Cal., Code of Ord., Art. XVIII § 1818.
When Should I Call A Tenant Rights Lawyer?
Tenants should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney if they have any questions about their local laws or if they believe their landlord has violated the City Of Pasadena Fair and Equitable Housing Charter Amendment.
