The City of Pomona Rent Stabilization and Tenant Protection Ordinance 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.
Pomona 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 Pomona and focuses on wrongful evictions, intractable repair issues, landlord harassment, tenant discrimination, landlord sexual harassment, and landlord-caused injuries.
What Units Are Covered By The Rent Caps And Just-Cause Eviction Protection Of The City Of Pomona Rent Stabilization And Tenant Protection Ordinance?
All units built before February 1, 1995, have eviction protection and rent caps under the City of Pomona Rent Stabilization and Tenant Protection Ordinance except single-family homes, condominiums, government-subsidized units, and units with tenants paying with Section 8 vouchers. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-571
Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The City Of Pomona Rent Stabilization And Tenant Protection Ordinance?
The rent caps and eviction protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in Pomona that are not covered by the City Of Pomona Rent Stabilization And Tenant Protection Ordinance and that otherwise meet the requirements of state rent control rent caps and eviction protections. If your Pomona 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 limits and eviction protections.
Allowable Rent Increases Under The City Of Pomona Rent Stabilization And Tenant Protection Ordinance
What Is The Annual Allowable Rent Increase For Tenancies Covered By The City Of Pomona Rent Stabilization And Tenant Protection Ordinance?
No landlord or landlord agent may request, receive, or retain rent for a unit covered by City of Pomona Rent Stabilization & Tenant Protection Ordinance in excess of the annual percent change in the consumer price index for the Los Angeles-Long Beach-Anaheim metropolitan area. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-573. The maximum increase is four percent. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-574(a). Only one increase is allowed per year. Id. When a unit becomes vacant, the rent may be increased to market rate. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-574(b). A landlord may not increase the rent at all if the unit is in poor repair as defined by Civil Code section 1941.1. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-574(d).
May A Landlord Petition For A Larger Rent Increase Under The City Of Pomona Rent Stabilization And Tenant Protection Ordinance?
If a landlord believes that the rents caps under the City of Pomona Rent Stabilization and Tenant Protection Ordinance are preventing the landlord from receiving a fair and reasonable return, the landlord may file a petition requesting a hearing. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-577(a). The landlord has the burden of proving by a preponderance of the evidence that the landlord is unable to obtain a fair and reasonable return. Id.
A hearing is held before a hearing officer. Id. Relevant factors include increases in the landlord’s utilities rates, property taxes, insurance, advertising, interest rates, government fees, services, employee costs, and normal repair and maintenance. Id. The hearing officer will also consider upgrades and additions to amenities and services, rental income rolls, tenant testimony and witnesses, and expert witnesses. Id.
May A Tenant Petition For Reduced Rent If The Landlord Has Overcharged, Decreased Services, Or Failed To Maintain?
Under the City of Pomona Rent Stabilization and Tenant Protection Ordinance, a tenant may petition for an adjustment in rent based on a decrease in housing services, failure to maintain, or unlawful rent. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 §§ 30-574(c), 30-577(c)(1). The tenant has the burden of proof by a preponderance of the evidence. Id. In the discretion of the hearing officer, a landlord may be issued a fine of up to $1,000 per violation of the City of Pomona Rent Stabilization and Tenant Protection Ordinance. Id at 30-577(c)(2).
Just-Cause Eviction Protection Under The City Of Pomona Rent Stabilization And Tenant Protection Ordinance
What Are The Just Causes For Eviction For Units Covered By The City Of Pomona Rent Stabilization And Tenant Protection Ordinance?
A landlord must have a just-cause reason to terminate a tenancy in Pomona. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-575(b). 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 just-cause reasons for eviction:
- Failure to pay rent.
- Failure to cure a material violation of the lease after a ten-day notice.
- Failure to permit access to the unit as required by Civil Code section 1954.
- Maintaining a nuisance, causing damage, or creating an unreasonable interference with the comfort, safety, or enjoyment of other residents.
- Criminal activity, including a threat of a crime.
- Good faith intent to demolish the rental unit.
- Intent to remove all units on the parcel from the rental market pursuant to the Ellis Act.
- Intent to perform work on the building or buildings that costs eight times the amount of the monthly rent and requires the tenant to vacate for more than thirty days.
- Good faith intent to move in a resident manager, an owner, or an owner’s spouse, domestic partner, children, grandchildren, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law.
- Good faith intent to recover possession of the rental unit in order to comply with a government order to vacate.
- Good faith intent to recover possession of the rental unit in order to comply with a contractual agreement relating to the qualifications of tenancy with a governmental entity, where tenant is no longer qualified. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-575(c)-(d)
What Are The Requirements Of An Owner Move-In, A Resident Manager Move-In, Or A Relative Move-In Under The City Of Pomona Rent Stabilization And Tenant Protection Ordinance?
The landlord must issue an owner move-in, a resident manager move-in, or a relative move-in on the most recent tenant, unless another unit is needed for medical necessity or number of bedrooms. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-575(d)(2). For a resident manager eviction, the landlord must take advantage of a vacant unit. Id. This requirement does not appear to apply to an owner move-in or a relative move-in. Id.
A landlord may not evict for an owner move-in, a resident manager move-in, or a relative move-in a unit with a tenant of ten or more years who is sixty-two or over, disabled, or terminally ill. Id. Disability means a physical or mental impairment that if left untreated would limit a major life activity. Id.
The owner, family member, or resident manager must move into the rental unit as a primary residence within three months and stay for twelve months. Id.
Are Landlords Required To Pay Relocation Assistance To Tenants Under The City Of Pomona Rent Stabilization And Tenant Protection Ordinance?
For tenants covered by the City of Pomona Rent Stabilization and Tenant Protection Ordinance, a landlord must provide relocation assistance for the following evictions: demolition, Ellis Act, repairs except damage caused by act of God, owner move-in, relative move-in, and government order to vacate except damage caused by act of God. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-576(a).
Households with a tenant who is sixty-two or older, disabled, or a minor, dependent child are entitled to the following relocation:
- Tenancy of less than three years: $12,998
- Tenancy of three years or more: $15,377
- Low-income household: $15,377
- Landlords qualifying for reduced relocation: $11,960
Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-576(b).
Low-income is defined as eighty percent or below area median income (AMI), as adjusted for household size, as defined by the U.S. Department of Housing and Urban Development. Disability is a physical or mental impairment that if left untreated would limit a major life activity.
Households without a tenant who is not sixty-two or older, disabled, or a minor, dependent child are entitled to the following relocation:
- Tenancy of less than three years: $6,164
- Tenancy of three years or more: $8,074
- Low-income household: $8,074
- Landlords qualifying for reduced relocation: $5,926
Id.
Landlords qualify for the reduce relocation where all the following are met: the building has four or fewer units, the landlord has not paid a reduced relocation in the last three years, the landlord owns no more than four residential units plus a single-family home on a separate lot in City of Pomona, and any eligible relative for whom the landlord is recovering possession does not own any residential property in the City of Pomona. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-576(c).
The landlord can deduct from the relocation any back rent owed within the last twelve months and for any damage caused by the tenants beyond ordinary wear and tear if the security deposit is insufficient. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-576(b).
The landlord shall pay one-half of the relocation assistance no later than five business days following service of the notice and the other half no later than five days after the tenant vacates. Id. For units with more than one tenant, the relocation will be split equally among the tenants. Id.
Penalties For A Landlord Who Violates The Law
Can A Tenant Sue For Wrongful Eviction Under The City Of Pomona Rent Stabilization And Tenant Protection Ordinance?
A tenant who has been wrongfully evicted in violation of the City of Pomona Rent Stabilization and Tenant Protection Ordinance may sue a landlord for civil remedies, including loss of the value the rent-controlled unit, emotional distress, moving costs, and relocation assistance. Pomona, Cal. City Code, Ch.30, Art.8, Div. 4 § 30-579. A prevailing tenant in a civil action shall be awarded attorney fees and costs. Id.
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 Pomona Rent Stabilization and Tenant Protection Ordinance.
