The City of Baldwin Park Rent 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.
Just-Cause Eviction Protection Under The City Of Baldwin Park Rent Ordinance
Which Units In The City Of Baldwin Park Have Just-Cause Eviction Protection?
All rental units in the City of Baldwin Park have just-cause eviction protection under the Baldwin Park Rent Ordinance, except affordable housing units. Baldwin Park, Cal. Code §§ 117.01, 117.08. This includes any building, structure, or part thereof offered for rent for living. Id. Boarding houses, shared housing, illegal units, and single-family homes are all covered. Id.
Baldwin 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 Baldwin and focuses on wrongful evictions, intractable repair issues, landlord harassment, tenant discrimination, landlord sexual harassment, and landlord-caused injuries.
Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The City of Baldwin Park Rent Ordinance?
The eviction protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in Baldwin Park that are not covered by the City of Baldwin Park Rent Ordinance and that otherwise meet the requirements of state rent control eviction protections. If your Baldwin Park 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 Baldwin Park Rent Ordinance?
A landlord must have a just-cause reason to terminate a tenancy in Baldwin Park. Baldwin Park, Cal. Code § 117.08(A). 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:
(1) Failure to pay rent.
(2) Material and substantial breach of lease after a written notice to cease, except as to a one-on-one replacement of a roommate.
(3) Committing or permitting a nuisance, causing substantial damage, or creating a substantial interference after a written notice to cease.
(4) Using the unit for an illegal purpose.
(5) Refusing to sign a lease with substantially similar terms after written request.
(6) Refusing to provide access.
(7) Remaining occupant is a subtenant not approved by the landlord.
(8) Owner or relative move-in.
(9) Compliance with a government order to vacate.
(10) Withdrawing units from the rental market pursuant to the Ellis Act. Id.
What Are The Requirements For An Owner-Move-In Or Relative-Move-In Eviction Under The Baldwin Park Rent Ordinance?
For both an owner-move-in or relative-move-in, the landlord must be a natural person and at least a 50% owner. Baldwin Park, Cal. Code § 117.08(A)(8). The landlord can move in a child, parent, grandparent, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. Id. The eviction notice must have the name, address, and relationship to the landlord of the person intending to occupy. Id. The owner or relative must move into the unit within thirty days and occupy the unit for at least a year. Id. If the owner or relative fails move in within thirty days or occupy the unit for one year, the landlord shall offer the unit back to the tenant who vacated and pay all reasonable moving expenses. Id.
What Are The Requirements Under The Baldwin Park Rent Ordinance For Removing Rental Units From The Rental Market?
A landlord can only remove units from the rental housing market if the landlord shows (1) that the property cannot make a fair return, (2) that the units cannot feasibly be made habitable, or (3) that the property will be developed with multifamily dwelling units with at least 15% affordable housing. Baldwin Park, Cal. Code § 117.09(B).
If a withdrawn rental unit is offered for rent or lease within five years after the eviction, the unit may only be re-rented at the prior rent. Baldwin Park, Cal. Code § 117.10.
Are Tenants Entitled To Relocation Payments And Moving Expenses Under The Baldwin Park Rent Ordinance?
A landlord is required to pay medium-income households moving allowance for the following no-fault evictions: demolition, removal of a unit from the rental market, owner or relative move in, or government order to vacate. Baldwin Park, Cal. Code § 117.11(D). Relocation is also owed where there is a change in ownership of the rental unit and, at any time within eighteen months of the change in ownership, the landlord notifies the tenant that at some specific date after the change in ownership, the tenant’s tenancy is being terminated, the tenant is being evicted, or there is going to be a rent increase more than CPI plus 5%. Id. For purposes of the relocation payments, a medium-income household means 140% of the median income established by HUD. Baldwin Park, Cal. Code § 117.11(A)
The relocation allowance shall be two and a half months of the fair market rent as established by HUD for a rental unit of similar size. Id. In addition to the relocation allowance, the landlord shall also pay a moving expense allowance in the amount of $1,306 per household or $3,935 for households with tenants who are dependents, disabled, or seniors. Id.
Long-term tenants in occupancy for at least ten years are entitled to enhanced relocation. Id. The total amount of relocation to be paid by the landlord to a long-term tenant is based on the length of the tenancy. Id. For each year after ten years, the amount of the base relocation allowance shall be increased by 10%, until reaching a maximum of 200%. Id.
Allowable Rent Increases Under The City Of Baldwin Park Rent Ordinance
What Units Have Rent Caps Under The Baldwin Park Rent Ordinance?
All residential rental units in Baldwin Park built prior to January 1, 1995, have rent caps, unless the unit falls under one of the below exceptions. Baldwin Park, Cal. Code § 117.01.
The following do not have rent increase limits:
(1) Single-family homes and condominiums. This includes single-family homes with a lawful accessory dwelling unit. Single-family homes with illegal second units are subject to rent caps.
(2) Mobile homes in parks built before 1990.
(3) Single structures with two separate dwelling units in which an owner occupies.
(4) Rental units in hotels, motels, inns, tourist homes and rooming and boarding houses that are rented primarily to transient guests for a period of less than thirty days.
(5) Rental units in any hospital, convent, monastery, extended medical care facility, asylum, non-profit home for the aged, or dormitory owned and operated by an institution of higher education.
(6) Government owned or subsidized units, including affordable housing and Section 8.
(7) Rental units and dwellings constructed after October 2020.
(8) Nonprofit supported housing.
Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The City Baldwin Park Rent Ordinance?
The rent-ceiling protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units Baldwin Park that are not covered by the City of Baldwin Park Rent Ordinance and that otherwise meet the requirements of state rent control. If your Baldwin Park 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.
What Is The Maximum A Landlord Can Raise The Rent Each Year Under The Baldwin Park Rent Ordinance?
For units covered under the Baldwin Park Rent Ordinance, a landlord can only increase the rent by the annual percent change in the Consumer Price Index for All Urban Consumers. Baldwin Park, Cal. Code § 117.04. However, the maximum increase per year is 5% and the minimum is 1%. Id.
Landlords are not entitled to the annual rent increase if the unit has not been properly registered or if the unit has an open notice of violation due to disrepair. Baldwin Park, Cal. Code § 117.07.
Is It Possible For A Landlord To Request A Higher Rent Increase Under The Baldwin Park Rent Ordinance?
Landlords have the option to petition the City of Baldwin Park for a larger increase in rent, which can be pursued through two avenues. First, a landlord may seek a larger increase by demonstrating that a unit is not currently generating “fair and reasonable rent.” Baldwin Park, Cal. Code § 117.06. Alternatively, they can present any “just cause” warranting an increase. Baldwin Park, Cal. Code § 117.14. Additionally, landlords can petition for a 50% pass-through of capital improvements. Baldwin Park, Cal. Code § 117.12.
Penalties For A Landlord Who Violates The Law
Can A Tenant Sue For Wrongful Eviction Under The Baldwin Park Rent Ordinance?
A tenant can sue a landlord in civil court for any attempt to recover possession of a unit in violation of the Baldwin Park Rent Ordinance. Baldwin Park, Cal. Code § 117.08(G). The landlord will be liable to the tenant for actual and punitive damages, including damages for emotional distress. Id. The tenant may also seek injunctive relief and money damages. Id. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorney fees. Id.
Can A Tenant Sue A Landlord Under The Baldwin Park Rent Ordinance For An Illegal Rent Increase?
A landlord or landlord agent who demands or receives any illegal rent in violation of the Baldin Park Rent Ordinance is liable to a tenant in a civil action for all payments illegally demanded or received. Baldwin Park, Cal. Code § 117.20(A)(1). This will be tripled on a showing that the landlord acted willfully or with oppression, fraud or malice. Id. The tenant will be entitled to reasonable 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 Baldwin Park Rent Ordinance.
