5-4 4 RESIDENTIAL TENANT PROTECTIONS

CHAPTER 4
RESIDENTIAL TENANT PROTECTIONS

SECTION:

5-4-100: Adoption of Civil Code Section 1946.2 by Reference Related to Terminations of Tenancy

5-4-101: Purpose of Chapter and Relationship to AB 1482

5-4-103: “Just Cause” Required for “No-Fault” Evictions

5-4-104: Relocation Assistance Required for “No-Fault” Evictions

5-4-100: ADOPTION OF CIVIL CODE SECTION 1946.2 BY REFERENCE RELATED TO TERMINATIONS OF TENANCY:

This chapter adopts and incorporates by reference California Civil Code Section 1946.2 in this Code in its entirety, as modified herein, and as such statute may be amended from time to time, except for any provisions that directly conflict with this chapter. [Added by Ord. No. 23-3,999, eff. 9/12/23]

5-4-101: PURPOSE OF CHAPTER AND RELATIONSHIP TO AB 1482:

This chapter is consistent with the Tenant Protection Action of 2019, Assembly Bill 1482 (2019-2020), which is generally codified in Sections 1946.2, 1947.12, and 1947.13 to the California Civil Code (“AB 1482”). It is the City’s intent that its residential tenants be afforded the strongest protections available under the law. This chapter is more protective than AB 1482’s just cause eviction provisions set forth in Section 1946.2 of the California Civil Code.

As authorized by subsection (g) of Section 1946.2, this chapter provides for higher relocation assistance amounts and additional tenant protections for “no-fault just cause” evictions based on a property owner’s intent to “substantially remodel” the residential real property. In all other respects, this chapter is identical to Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute.

If any other governmental entity (including without limitation, the United States Government, the State of California, and the County of Los Angeles) adopts stronger tenant protections that apply to residential tenants in the City of Burbank, then the stronger tenant protections shall prevail, and the City shall not enforce conflicting tenant protections in this chapter. [Added by Ord. No. 23-3,999, eff. 9/12/23]

5-4-102: APPLICABILITY OF CHAPTER:

The tenant protections in this chapter apply to tenants and owners of real property that are subject to AB 1482’s just cause eviction provisions set forth in subsection (a) of Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute. [Added by Ord. No. 23-3,999, eff. 9/12/23]

5-4-103: “JUST CAUSE” REQUIRED FOR “NO-FAULT” EVICTIONS:

A. AB 1482 Requirements. An owner of residential real property shall not terminate a tenancy that is subject to this chapter without just cause, which shall be stated in the written notice to terminate tenancy, unless the termination of the tenancy fully complies with AB 1482’s just cause eviction provisions set forth in Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute.

B. Heightened Requirements for Evictions Based on Intent to Demolish or Substantially Remodel the Residential Real Property. An owner of residential real property shall not terminate a tenancy that is subject to this chapter based on the owner’s intent to “demolish or to substantially remodel the residential real property” (as described and defined in subsection (b)(2)(D) of Section 1946.2 of the California Civil Code, as amended from time to time or replaced with a successor statute) unless and until all of the following additional requirements have been met by or before a tenant has received a written notice terminating tenancy for just case pursuant to this chapter:

1. Building permits (for a substantial remodel) have been secured from the City of Burbank, demolition permits (for a demolition) have been secured from the City of Burbank, and/or any required permits (for abatement of hazardous materials) have been secured from a local, state, or federal agency;

2. The tenant has been provided with copies of the building, demolition, and/or any required hazardous material abatement permit(s); and

3. The tenant has been provided with a written detailed account of the scope of work, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work cannot be completed within thirty (30) days.

C. Failure to Comply. An owner’s failure to strictly comply with this section shall render a notice of termination of a tenancy void and shall be an affirmative defense to an unlawful detainer action. [Added by Ord. No. 23-3,999, eff. 9/12/23]

5-4-104: RELOCATION ASSISTANCE REQUIRED FOR “NO-FAULT” EVICTIONS:

If an owner of residential real property issues a termination notice based on a substantial remodel “no-fault just cause” (as defined in subsection (b)(2)(D) of Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute), the owner shall provide relocation assistance in accordance with AB 1482’s just cause eviction provisions set forth in subsection (d) of Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute, provided however, the amount of relocation assistance shall be increased to at least equal to three (3) months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy.