SAN DIEGO RESIDENTIAL EVICTION BAN AND RENT INCREASE CAP
GUIDE TO THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO RESIDENTIAL JUST CAUSE EVICTION ORDINANCE AND RENT INCREASE CAP: WHAT TENANTS AND LANDLORDS NEED TO KNOW
Updated on February 12, 2024
The contents of this document do not have the force and effect of law. This document is intended only to provide clarity for the public regarding existing requirements under the law or agency policies. This Fact Sheet is intended to provide accurate, general information regarding legal rights relating to housing in California. Yet because laws and legal procedures are subject to frequent change and differing interpretations, Legal Aid Society of San Diego cannot ensure the information in this Fact Sheet is current nor be responsible for any use to which it is put. Do not rely on this information without consulting an attorney or the appropriate agency about your rights in your particular situation. Please do not hesitate to call us to obtain the most up to date information regarding your situation.
This presentation was funded in whole or in part by the American Rescue Plan Act funds provided by the County of San Diego.
On January 31, 2024, the Board of Supervisors passed an ordinance prohibiting residential evictions without just cause, effectively halting evictions other than those that threaten the “imminent health and safety” of occupants or other tenants. The ordinance only protects tenants who have suffered Economic Loss impacted by flooding caused by rains as of January 22, 2024, and only in certain Zip Codes.
The ordinance only applies in the “Flood Affected Area.” The Flood Affected area includes Residential Units located in the following Zip Codes: 92113 (San Diego), 91977 (Spring Valley), 91950 (National City), 92114 (San Diego), 92102 (San Diego), 92115 (San Diego), 91945 (Lemon Grove), 92118 (Coronado), 92104 (San Diego), 92105 (San Diego), and 92111 (San Diego).
If you do not live in these zip codes, you likely are not protected by the ordinance.
Economic Loss is reduced income, increased expenses, or other personal economic consequences directly or indirectly caused by the Flood, including, but not limited to, lost work hours, damage to a Tenant’s property or to a Tenant’s Residential Unit, or a need to relocate because of damage to a Tenant’s Residential Unit or building. Economic Loss includes any loss caused by a Landlord in the course of improperly evicting or requiring the relocation of a Tenant.
NO! Under the ordinance, a landlord cannot terminate a residential tenancy without Just Cause; landlords are also prohibited from engaging in the following behavior:
- Serving a notice of termination of tenancy on a Tenant who the Landlord (or any person or combination of persons within the definition of Landlord) knows or reasonably should have known has suffered Economic Loss of any sort caused by the Flood;
- Filing or serving an unlawful detainer lawsuit, ejectment action, or other action on a Tenant who the Landlord (or any person or combination of persons within the definition of Landlord) knows, or reasonably should know, has suffered Economic Loss of any sort caused by the Flood to recover possession of a Residential Unit;
- Evicting a Tenant or requiring a Tenant to vacate a residential unit, including by seeking the entry of an eviction judgment or by causing or permitting a writ of possession to be executed, where the Landlord (or any person or combination of persons within the definition of Landlord) knows, or reasonably should know, has suffered Economic Loss of any sort caused by the Flood;
- Taking any other action in reliance on a notice of termination of tenancy thatexpired or attempting to induce a tenant to vacate based on such a noticewhere the Landlord (or any person or combination of persons within thedefinition of Landlord) knows, or reasonably should know, has sufferedEconomic Loss of any sort caused by the Flood. Any such notice oftermination of tenancy served or expiring from January 24, 2024, through theend of this ordinance’s term shall be deemed invalid and insufficient tosupport an action in unlawful detainer; or
- Representing to a Tenant who the Landlord (or any person or combination of person within the definition of Landlord) knows, or reasonably should know, has suffered Economic Loss of any sort caused by the Flood that the Tenant is required to move out of their unit by law
Yes. Under the ordinance, a landlord may still be able to evict a tenant who has suffered Economic Loss and is living in the Flood Affected Area if the landlord has “just cause” to evict.
Under the ordinance, to establish just cause to evict, there must be a showing that:
- An “imminent health or safety threat” exists when an act or omission by a Tenant creates an immediate and serious threat to a person’s health or safety, taking into account:
- (1) any public health or safety risk caused by the eviction; and
- (2) all other remedies available to the landlord and other occupants of the property, against the nature and degree of health
- and safety risk posed by the tenant’s activity.
- What IS NOT Imminent health or safety threat?
- Acts or omissions of a Tenant responsive to the Flood (including but not limited to acts or omissions regarding leaving a Residential Unit for flood repairs) shall not constitute an imminent health or safety threat.
- “Imminent health or safety threat” is a very fact-specific inquiry.
- The Partial Eviction Ban does not list the types of evictions that can still occur;
- The Partial Eviction Ban requires landlords to establish “just cause” by specifically alleging facts showing there is “imminent health or safety threat” to other tenants or occupants of the same property.
- Types of evictions that could occur under the “imminent health or safety threat”:
- Nuisance
- Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property
- Waste
- substantially or permanently diminished the market value of the property as a whole.
- Some damage to the property, without evidence of its impact on market value, is not enough.
- Criminal activity on the property
- Using the Unit for unlawful purpose
- Nuisance
The landlord must still allege facts demonstrating an “imminent health or safety threat.”
The Partial Eviction Ban went into effect on January 30, 2024, and will expire 60 days after, on March 30, 2024.
Yes, the ordinance is retroactive to January 22, 2024, and applies to all eviction notices served as of January 22nd through the expiration of the ordinance.
It depends. If your landlord filed the eviction case (Unlawful Detainer) before January 22, 2024, then the ordinance likely will not stop your eviction case even if you suffered Economic Loss and live in a Flood Affected Area.
It depends as the language is not clear. If a notice was served before January 24, 2024, and expires on or before March 30, 2024, the ordinance may stop your eviction case if you suffered Economic Loss and live in a Flood Affected Area.
Your landlord is normally responsible for paying for your hotel. As mentioned above,your landlord has an un-waivable duty to provide habitable housing. This duty continueseven if there is damage to the unit that requires the tenant to temporarily vacate in orderto safely repair the unit. The damage to the unit DOES NOT automatically terminate thetenancy. As such, your landlord has a continued duty to provide alternative habitablehousing until the termination of a tenancy which cannot happen until a court ordered isentered against the tenant in favor of the landlord.
You can ask your landlord to pay for the hotel when you tell them that you need to leave your home because of bad conditions. In the alternative, your landlord can temporarily let you move into another vacant unit if one is available, at their discretion.
If your landlord refuses to pay for the hotel and you must pay for it yourself, keep all your receipts. This includes all receipts for your hotel stay and any food you buy or other expenses you have while you are out of your home. You should ask your landlord to reimburse you for all these costs. If your landlord refuses, you can bring a small claims action (if the amounts are $12,500 or less), or contact an attorney to assist in filing a civil action.
If you have renters’ insurance, please contact your insurance carrier as the policy may cover temporary housing.
You can call your local law enforcement department, on the non-emergency line, to report that your landlord has illegally locked you out of your home.
In July 2022 , California Attorney General Rob Bonta issued legal guidance about stepslaw enforcement officers should take to prevent and respond to unlawful lockouts andself-help eviction. In the guidance, the Attorney General explained that Landlords tryingto “evict” tenants by changing the locks on rental properties, shutting off water orelectricity, or removing tenants’ personal property is a violation of California law. TheAttorney General reiterated that the only lawful way to evict a tenant is to file a case incourt, prevail, and a sheriff lockout occurs. Attorney General Bonta emphasized that,when called to resolve a dispute between a landlord and tenant, law enforcement havea legal responsibility to intervene to prevent illegal evictions.
Additionally, you should contact a private tenant attorney to assist you in filing a wrongful eviction lawsuit due to the illegal lockout. If you cannot find an attorney, you can file a case in small claims court. You should maintain records of any communications between you and the landlord regarding the illegal lockout.
Yes. The Partial Eviction Ban also caps rent increases on Eligible Properties from January 22, 2024 to March 30, 2024.
If a notice of rent increase was lawfully provided to a Tenant prior to January 22, 2024, this section does not apply and the Partial Eviction Ban will not prevent any such rent increase from taking effect.
Under the Partial Eviction Ban, rent cannot be increased any amount greater than the Consumer Price Index (CPI) for the previous year.
- "Change in CPI":
- This refers to the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the San Diego area, as published by the United States Bureau of Labor Statistics
- The current CPI is 5.3%.
- Eligible Properties:
- Refers to all residential properties except those exempted under the Statewide rent cap (California Civil Code § 1947.12)
- Exempted Properties:
- Housing built within the past 15 years;
- Deed restricted affordable housing;
- Single-family homes or condos (“SFH”), unless the landlord is a corporation, and LLC with a corporation as a member, or a real estate investment trust;
- No automatic exemption- must provide notice of exemption
- As of July 1, 2020, SFH EXEMPTION NOTICE MUST BE PROVIDED WITH THE INITIAL LEASE; OR
- At the lease renewal if the tenancy was in place before 7/1/2020
- Vacant units where landlord is setting initial rent for new tenancy for a new tenant.
The Partial Eviction Ban does not absolve a tenant of the responsibility to pay rent.
This depends on the situation and the other resources that are being provided by your landlord. If your landlord is paying for your hotel and all other out-of-pocket expenses, then it is likely that you should pay rent while you are out of the unit.
If your landlord has unlawfully refused to provide you alternative housing, or your alternative housing is being paid by renters’ insurance, you likely do not have an obligation to pay your rent. It is possible your landlord may still serve you a nonpayment of rent eviction notice. If you receive an eviction, please contact an attorney as soon as possible for advice or give us a call for assistance. See the last FAQ.
We recommend you do not sign any document agreeing to vacate without consulting an attorney. You may be waving valuable rights as a tenant
Yes. The Partial Eviction Ban applies to covered residential tenants, regardless of the type of unit they live in or how long they have lived there.
Yes. The Partial Eviction Ban applies regardless of legal status for all covered residential tenants.
If the landlord attempts to remove you in violation of the ordinance, you may raise it a defense in an eviction lawsuit, file a lawsuit against the landlord requesting money damages, mental or emotional distress damages, injunctive relief, and other relief the court deems appropriate.
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