Sample Just Cause Ordinance | I. E. Tenants Union

This is a draft of some renter protections we submitted to the City of Perris. The city's staff is currently (this is posted 12/172024) a menu of renter protections for renters. The city counsel will give the staff instructions on what to add for renter protections in the City of Perris. We included the ordinance from the City of Pasadena as an example which is also included.

If you would like to encourage your city (in the IE) to adopt renter protections the IE Tenants' Union would be happy to help.

Sample Just Cause Ordinance

Legislative purpose

The council finds and/or declares

there is an increasing demand for rental housing
an increasing number of residential rental housing units have substandard living conditions and reduced services.
tenants are fearful of eviction and, as a result, fail to complain about substandard living conditions
circumstances are disruptive to a stable living environment and have a detrimental effect on the substantial numbers of renters in the city, particularly senior citizens, those with low or moderate incomes and persons on fixed incomes.
that there is a growing shortage of, but increasing demand for, housing in the city
council finds that tenants are entitled to a contractual relationship with a landlord that offers some assurance of stability under the terms of a written lease so as to minimize displacement of tenants into a rental housing market which affords them few and expensive options.
Requiring relocation benefits for rent increases over seven (7) percent in a twelve (12) month period will help mitigate the impact to tenants who have to vacate their rental unit when they are unable to afford high rent increases.
that in order to protect the health, safety and welfare of the citizens of the city and to ensure that all residents of the city have a safe, habitable, well-maintained and stable housing environment, without the fear of reprisal, the city council enacts this chapter, and encourages property owners to provide well-maintained living units and discourage retaliatory evictions.

Definitions

Unless the context otherwise requires, the terms defined in this chapter shall have the following meanings and govern the construction of this chapter.

“Base rent” means the rental amount, including any amount paid to the landlord for parking, storage, utilities, water, garbage or any other fee or charge associated with a residential property required to be paid by the tenant to the landlord.

“Eviction” means any action taken by the landlord to remove a tenant involuntarily from a rental unit and terminate the tenancy, whether pursuant to a notice to quit, or by judicial proceedings, or otherwise.

“Landlord” means any person, partnership, corporation, family trust or other business entity offering for rent or lease any residential property in this city. With respect to any tenancy, “landlord” shall also be deemed to mean any person, partnership, corporation, family trust, or other business entity that is a predecessor in interest or successor in interest to that tenancy, as applicable.

“Lease year” means the year during which the one (1) year lease is in effect.

“Non-relocation rent increase” means a rent increase of seven (7) percent or less than the rent that was in place at any time during the twelve (12) month period preceding the effective date of the rent increase.

“Rent” means a fixed periodic compensation paid by a tenant at fixed intervals to a landlord for the possession and use of residential property, including any amount paid to the landlord for parking, storage, utilities, water, garbage, or any other fee or charge associated with the tenancy. “Rent” includes costs associated with a ratio utility billing system which allocates the property’s actual utility bill to the tenant based on an occupant factor, square footage factor or any other similar factors.

“Rental complex” means one (1) or more buildings used in whole or in part for residential purposes, located on a single lot, contiguous lots, or lots separated only by a street or alley.

“Rent increase” means any upward adjustment of the rent.

“Rental unit” means a dwelling unit available for rent in the city together with the land and appurtenant buildings thereto and all housing services, privileges and facilities provided in connection with the use or occupancy thereof, which unit is located in the structure or complex containing a multiple dwelling, boarding house or lodging house. The term “rental unit” shall not include the following: rooms or accommodations in hotels, boarding houses or lodging houses which are rented to transient guests for a period of less than thirty (30) consecutive days; housing accommodations in a hospital, convent, monastery, church, religious facility, extended care facility, asylum, nonprofit home for the aged; dormitories owned and operated by an institution of higher education, or a high school or elementary school; rental units located on a parcel containing two (2) or fewer dwelling units; rental units within a common interest development, except when the rental unit’s landlord owns fifty (50) percent or more of the units in the common interest development; rental units owned or operated by any government agency or whose rent is subsidized by any government agency, including, but not limited to, subsidies under the federal government’s Housing Choice Voucher Program (Section 8); rental units that require intake, case management or counseling as part of the occupation, and an occupancy agreement; or rental units subject to a covenant or agreement, such as a density bonus housing agreement, inclusionary housing agreement or an affordable housing agreement, with a government agency, including the city, the housing authority, the state of California, or the federal government, restricting the rental rate that may be charged for that unit.

“Tenant” means a person entitled by a written or oral agreement to occupy a rental unit to the exclusion of others, and actually occupy said rental unit.

Evictions

Notwithstanding California Civil Code Section 1946, a landlord may bring an action to recover possession of a rental unit as defined herein only upon one (1) of the following grounds:

The tenant has failed to pay the rent to which the landlord is entitled.
The tenant has violated a lawful obligation or covenant of the tenancy and has failed to cure such violation after having received written notice thereof from the landlord, other than a violation based on:
The obligation to surrender possession upon proper notice; or
The obligation to limit occupancy when the additional tenant who joins the occupants is a dependent child who joins the existing tenancy of a tenant of record or the sole additional adult tenant. The landlord has the right to approve or disapprove the prospective additional tenant, who is not a minor dependent child, provided that the approval is not unreasonably withheld.
The tenant is permitting to exist a nuisance in, or is causing damage to, the rental unit, or the appurtenances thereof, or to the common areas of the rental complex, or creating an unreasonable interference with the comfort, safety or enjoyment of any other residents of the rental complex within a one thousand (1,000) foot radius extended from the boundary line of the rental complex.
The tenant is using, or permitting a rental unit, the common areas of the rental unit or rental complex containing the rental unit, or an area within a one thousand (1,000) foot radius from the boundary line of the rental complex, to be used for any illegal purpose.

The term “illegal purpose” as used herein, includes, but is not limited to violations of the provisions of Divisions 10 through 10.7 of the California Health and Safety Code.

A person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.
The tenant has refused the landlord reasonable access to the unit for the purposes of making repairs or improvements, or for any reasonable purpose as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee.
The landlord seeks in good faith to recover possession so as to:

1. Demolish the rental unit; or

2. Perform work on the building or buildings housing the rental unit or units; and:

Such work costs not less than the product of eight (8) times the amount of the monthly rent times the number of rental units upon which such work is performed. For purposes of this section, the monthly rent shall be the average of the preceding twelve (12) month period; and
The work necessitates the eviction of the tenant because such work will render the unit uninhabitable for a period of not less than thirty (30) calendar days, except that if the landlord seeks to recover possession for the purposes of converting the rental unit into a condominium, cooperative or community apartment, the landlord must comply with the notice requirements of Government Code Section 66427.1.

H. The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by:

The landlord or the landlord’s spouse, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or parents provided the landlord is a natural person. However, a landlord may use this ground to recover possession for use and occupancy by the landlord, landlord’s spouse, child, parent, in-laws or grandparents only once for that person in each rental complex of the landlord.
Tenants that require an occupancy agreement and intake, case management or counseling as part of the tenancy.

I. The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use pursuant to state law.

J. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a government agency’s order to vacate, or any other order that necessitates the vacating of the building, housing or rental unit as a result of a violation of this code or the city’s building and safety code, or any other provision of law.

K. The landlord seeks in good faith 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 the tenant is no longer qualified.

L. The tenant has continued to smoke, as defined in Section 8.52.030 of this code, in any one (1) or more of the following places, after the landlord’s verbal or written warning to stop smoking:

In a rental unit that the landlord had designated as a non-smoking unit; or
In a common area, as defined in Section 8.52.030 of this code, where smoking is prohibited under Section 8.52.080 of this code.

Required information on notice to quit or other written notice of termination

Prior to or at the same time as the written notice of termination set forth in Civil Code Section 1946, or a three (3) days’ notice described in Code of Civil Procedure Sections 1161 and 1161(a), is served on the tenant of the rental unit:

The landlord shall serve on the tenant a written notice setting forth the reasons for the termination with specific facts to permit a determination of the date, place and circumstances concerning the reason. This notice shall be given in the manner prescribed by California Code of Civil Procedure Section 1162 and may be combined with a written notice of termination of tenancy or as a separate written notice. For purposes of Eviction Section (G), at the time that the landlord serves the notice to vacate, the landlord shall also serve the permit to demolish the unit or the permit for capital improvements, along with any construction estimates and schedule for performing the work.
The landlord shall serve on the tenant a written notice setting forth tenant’s right to relocation assistance as described in subsection A of the Section Required Payment of Relocation Fee, where the termination of tenancy is based on the grounds set forth in subsection G, H, I or J of the Eviction Section.

Required payment of relocation fee

If the termination of tenancy is based on the grounds set forth in subsection G, H, I or J of Evictions Section, then the landlord shall pay a relocation fee in the amount of the product of two (2) times the amount of fair market rent as established by the U.S. Department of Housing and Urban Development for a rental unit of similar size of that being vacated in Riverside County during the year the unit is vacated, plus one thousand dollars ($1,000.00).
The relocation fee shall be paid to the tenant or tenants as follows:
The entire relocation fee shall be paid to a tenant who is the only tenant in a rental unit; or
If a rental unit is occupied by two (2) or more tenants, then each tenant of the unit shall be paid a pro-rata share of the relocation fee.
Landlord may deduct from the relocation fee payable any and all past due rent owed by tenant during the twelve (12) months prior to termination of tenancy and may deduct from the relocation fee any amounts paid by the landlord for any extraordinary wear and tear or damage cause by the tenant, cleaning, or other purposes served by a security deposit as defined by the rental agreement, to the extent the security deposit is insufficient to provide the amounts due for such costs. After taking into account any adjustments in the amount of the relocation assistance provided herein, the landlord shall pay the relocation fee as follows:
If the relocation fee is being paid pursuant to subsection A of this section, then the landlord shall pay one-half (1/2) of the relocation assistance no later than five (5) business days following service of the notice to a tenant of the termination and one-half (1/2) of the relocation assistance no later than five (5) business days after the tenant has vacated the rental unit.
If the relocation assistance is being paid pursuant to subsection B of this section, then the landlord shall pay one-half (1/2) of the relocation fee no later than five (5) business days following receipt of written notice that the tenant intends to vacate the rental unit and one-half (1/2) of the relocation fee no later than five (5) business days after the tenant has vacated the rental unit. If the tenant ultimately fails to vacate the rental unit, the tenant shall reimburse relocation fee to the landlord, unless the parties agree otherwise.
Subsection A of this section shall not apply in any of the following circumstances:
The tenant received written notice, prior to entering into a written or oral tenancy agreement, that an application to subdivide the property for condominium, stock cooperative or community apartment purposes was on file with the city or had already been approved, whichever the case may be, and that the existing building would be demolished or relocated in connection with the proposed new subdivision, and the termination of tenancy is based on the grounds set forth in subsection G or I of Evictions Sectio.
The tenant received written notice, prior to entering into a written or oral agreement to become a tenant, that an application to convert the building to a condominium, stock cooperative or community apartment project was on file with the city or had already been approved, whichever the case may be, and the termination of tenancy is based on the grounds set forth in subsection G or I of Evictions Sectio.
The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by a resident manager, provided that the resident manager is replacing the existing resident manager in the same unit. For the purposes of this exception, a resident manager shall not include the landlord, or the landlord’s spouse, children or parents.
The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency’s order to vacate the building housing the rental unit due to hazardous conditions caused by a natural disaster or act of God.
The tenant receives, as part of the eviction, relocation assistance from another government agency, and such amount is equal to or greater than the amount provided for by Section Required payment of relocation fee.
Subsection B of this section shall not apply, and a relocation fee shall not be required to be paid, as to any rental unit that received a certificate of occupancy after February 1, 1995.
The requirement to pay relocation assistance is applicable to all rental units, regardless of whether the rental unit was created or established in violation of any provision of law.
Nothing in this subsection relieves the landlord from the obligation to provide relocation assistance pursuant to any other provision of local, state or federal law. If a tenant is entitled to monetary relocation benefits pursuant to any other provision, of local, state or federal law, then such monetary benefits shall operate as a credit against monetary benefits required to be paid to the tenant under this subsection.
Where applicable, written notice of tenant’s entitlement to relocation assistance shall be provided by the landlord at the same time that the landlord provides notice of termination of tenancy from a rental unit. Where a landlord issues a notice of a proposed rent increase, the landlord shall provide a written notice of the tenant's potential entitlement to relocation assistance at the same time that the landlord provides notice of a rent increase and, if applicable, written lease offer or lease renewal offer.
Text of Notice. The notice of potential eligibility to relocation assistance shall state:

“NOTICE: Under Title , Chapter of the City of Perris Municipal Code, a landlord must provide qualifying tenants this notice of the tenant’s eligibility for relocation assistance at the same time the landlord provides a notice of termination of tenancy or when a landlord provides a notice of a rent increase that will increase the rent to an amount more than seven percent (7%) during a twelve (12) month period and the tenant elects to not remain in the residential unit. Landlords are permitted to bank deferred rent increases, so a rent increase may be more than seven percent (7%) during a twelve(12) month period, but not more than fifteen percent (15%) over a twelve (12) month period, depending on the amount of prior deferred rent increases, before triggering relocation benefits. Unless part of a written lease renewal offer, the tenant shall have fourteen (14) days to elect to vacate the unit and exercise relocation benefits. Qualifying Tenants are entitled to relocation assistance as follows:

For rental units located on a parcel containing three (3) or four (4) dwelling units, the product of three (3) times the amount of the actual rent;

2. For rental units located on a parcel containing five (5) or greater dwelling units:

If the tenant has occupied the unit for three (3) years or less, the product of three (3) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord; or:
When the overall household income is equal to or less than the Area Median Income (AMI) for Riverside County as determined by the United States Department of Housing and Urban Development, plus 30% of the AMI amount (i.e., 130% of AMI or less), then:

i. If the tenant has occupied the unit for more than three (3) years but not more than four (4) years, the product of four (4) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord;

ii. If the tenant has occupied the unit for more than four (4) years but not more than five (5) years, the product of five (5) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord; or

iii. If the tenant has occupied the unit for more than five (5) years, the product of six (6) times the amount of the rent after the rent increase set forth in the rent increase notice by the landlord.”

Under Civil Code Section 1942.5 and City of Perris Municipal Code Section Titled Retaliation prohibited, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights.

Affirmative defense and remedies

A. Defense to Action to Recover Possession. Failure of a landlord to comply with any of the provisions of this chapter shall provide the tenant with a defense in any legal action brought by the landlord to recover possession of the rental unit or to collect rent.

B. Injunctive Relief. A tenant may seek injunctive relief on his or her own behalf and on behalf of other affected tenants to enjoin the landlord’s violation of this chapter.

C. Money Damages. A landlord may seek money damages for a tenant’s failure to reimburse relocation assistance if the tenant ultimately fails to vacate the residential property following a landlord-caused termination where a landlord provides a proposed rent increase that raises the rent, or proposed multiple rent increases that cumulatively raise the rent, to an amount more than seven (7) percent greater than the rent at any time during a twelve (12) month period.

D. Remedies Are Nonexclusive. Remedies provided in this section are in addition to any other existing legal remedies and are not intended to be exclusive.

E. Cost Recovery. The prevailing party in an action for wrongful eviction and/or failure to pay relocation assistance or reimburse relocation assistance shall recover costs and reasonable attorneys’ fees.

City of Pasadena Charter Amendment Passed by Voters:

The City of Pasadena recently passed a charter amendment that created a whole battery of rental protections and I believe should serve as a model of what cities can do. The creation of a rental board and the rent stabilization in Pasadena’s ordnance goes to the limit of the Costa Hawkins restrictions. Here is a link to their ordinance. A city council can pass these ordinances without a charter amendment. The charter amendment process was used because the city failed to address rent stabilization to the satisfaction of the majority of voters in the city. The renter protections include:

Rent Control:

To the extent allowed by State law, rent increases are limited to 75% of inflation every year after a tenancy is established.
75% of inflation typically works out to around 2-3% each year. This means the amount of time it would take for the rent to double is about 35 years.
This does not set rents for new tenancies.
If a landlord can prove that their operating expenses have increased, they can petition for a special one-time rent increase.
If a tenant can prove that the services provided or quality of their unit has decreased, they can petition for a special one-time rent decrease.

Eviction Protections:

Landlords would only be able to evict tenants after providing a reason ("just cause").
Some allowed reasons for evictions are "at fault" just causes like non-payment of rent, breach of lease, and refusal to give access for necessary repairs.
Other reasons for evictions are "no fault" just causes like the landlord permanently removing the unit from the rental market, or a government order to vacate the unit.
If a tenant is evicted for a "no fault" reason, landlords pay relocation assistance to help them move, and if the landlord has a comparable unit available, the tenants being displaced would have first choice of that unit.

Established a Rental Board:

A rental board appointed by city council, but otherwise independent of it, implements the provisions of the charter amendment.
The rental board has seven tenant members (one from each district of Pasadena) and four "at-large" members.
The rental board is salaried, so that low-income tenants can afford to participate on it.
The rental board salaries are paid by a per-unit flat fee on any landlords renting out residential units in Pasadena.

Created a Rental Registry:

A rental registry was created which keeps track of all the rental units in the city and the history of the rent charged at that rental unit.
This data helps housing advocates, local government, and the rental board make informed decisions about housing policy.
It also allows tenants to verify that a unit is legal before signing a lease, and see if the landlord has a history of frequent rent increases.

The Just Cause for Eviction section of the Pasadena Charter Amendment:

JUST CAUSE FOR EVICTION PROTECTIONS

Just Causes for Eviction: No Landlord shall take action to terminate any tenancy, or endeavor to recover possession of a Rental Unit, including but not limited to making a demand for possession of a Rental Unit, threatening to terminate a tenancy orally or in writing, serving any Written Notice to Cease or other eviction notice, or bringing any action to recover possession, or be granted recovery of possession of a Rental Unit unless at least one of the following conditions exists:
Failure to Pay Rent. The Tenant has failed, after receiving a Written Notice to Cease, to pay the Rent to which the Landlord is legally entitled under the Rental Housing Agreement, this Article, state, and any other local law. This condition does not include a failure to pay any separately charged fees.
Breach of Lease. The Tenant has continued, after Written Notice to Cease, to substantially violate any of the material terms of the rental agreement, except the obligation to surrender possession on proper notice as required by law, and provided that such terms are reasonable and legal and have been accepted in writing by the Tenant or made part of the rental agreement; and provided further that, where such terms have been accepted by the Tenant or made part of the rental agreement subsequent to the initial creation of the tenancy, the Landlord shall have first notified the Tenant in writing that he or she need not accept such terms or agree to their being made part of the rental agreement.
Notwithstanding any contrary provision in this Section, a Landlord shall not take any action to terminate a tenancy based on a Tenant's sublease of the unit if the following requirements are met:

(i) The Tenant continues to reside in the Rental Unit as his, her or their primary residence.

(ii) The sublease replaces one or more departed Tenants under the Rental Housing Agreement on a one-for-one basis.

(iii) The Landlord has unreasonably withheld the right to sublease following written request by the Tenant. If the Landlord fails to respond to the Tenant in writing within fourteen (14) days of receipt of the Tenant's written request, the Tenant's request shall be deemed approved by the Landlord. A Landlord's reasonable refusal of the Tenant's written request may not be based on the proposed additional occupant's lack of creditworthiness, if that person will not be legally obligated to pay some or all of the Rent to the Landlord. A Landlord's reasonable refusal of the Tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a Rental Unit exceed the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code as incorporated by California Health & Safety Code Section 17922.

Protections for Families. Notwithstanding any contrary provision in this Section, a Landlord shall not endeavor to recover possession of a Rental Unit as a result of the addition to the Rental Unit of a Tenant's child, parent, grandchild, grandparent, brother or sister, other dependent relative , or the spouse or domestic partner (as defined in California Family Code Section 297) of such relatives, or as a result of the addition of the spouse or domestic partner of a Tenant, or as a result of the addition of the sole additional adult tenant , 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 as incorporated by California Health & Safety Code 17922. The Rent Board shall promulgate regulations that will further protect families and promote stability for school-aged children.

(3) Nuisance. The Tenant has continued, after the Landlord has served the Tenant with a Written Notice to Cease, to commit or expressly permit a nuisance in, or cause substantial damage to the Rental Unit or to the unit's appurtenances, or to the common areas of the Property containing the Rental Unit, or is creating an unreasonable interference with the comfort, safety, or quiet enjoyment of any of the other residents or immediately adjacent neighbors of the Property.

(4) Illegal Purpose. The Tenant is using or permitting a Rental Unit, the common areas of the Property, or an area within a 300 foot radius from the boundary line of the Property to be used for any illegal purpose. The term "illegal purpose" as used in this subsection includes, but is not limited to, clear and convincing evidence of violations of any of the provisions of Division 10, Chapter 6 (commencing with Section 11350) and Chapter 6.5 (commencing with Section 11400) of the California Health and Safety Code, and does not include the use of housing accommodations lacking a legal approved use or which have been cited for occupancy or other housing code violations.

(5) Refusal to Execute New Lease. The Tenant, who had a Rental Housing Agreement which terminated on or after the effective date of this Article, has refused, after written request or demand by the Landlord to execute a written extension or renewal thereof for a further term of like duration with terms which are materially the same as in the previous Agreement and provided that such terms do not conflict with any provision of this Article or any other provision of law.

(6) Failure to Give Access. The Tenant, after receiving proper notice, has refused the Landlord reasonable access to the Rental Unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by law, or for the purpose of showing the Rental Unit to any prospective purchaser or mortgagee.

The Board shall promulgate regulations for the repair and improvement of Rental Units to ensure the least amount of disruption for the Tenant. Unless due to a documented emergency affecting a Tenant's health and/or safety or as required by state law, all repair or improvement work will be scheduled in compliance with applicable Board regulations. In the event that a Tenant refuses access to the Rental Unit for repairs, a Landlord must show that written notice was provided to the Tenant and all necessary repair or improvement work was scheduled in compliance with all applicable Board regulations to terminate tenancy under this subsection.
The notice requesting access shall inform the Tenant that if he or she is unable to comply because of a disability, he or she may request a change in the Landlord's policies or practices or other reasonable accommodation to the Tenant's disability.

(7) Subtenant in Sole Possession. The person in possession of the Rental Unit at the end of a lease term is a subtenant not approved by the Landlord.

(8) Necessary and Substantial Repairs Requiring Temporary Vacancy. The Landlord, after having obtained all necessary permits from the City of Pasadena, and having provided written notice to the Tenant, seeks in good faith to undertake substantial repairs that are necessary to bring the Rental Unit into compliance with applicable codes and laws affecting the health and safety of Tenants of the building, provided that:

As independently confirmed by the City of Pasadena, the repairs necessitate that the Tenant vacate the Rental Unit because the work will render the Rental Unit uninhabitable for a period of not less than thirty (30) days, and

The Landlord gives advance notice to the Tenant of the Tenant's right to elect one or both of the following:

(i) The right of first refusal to any vacant Rental Unit owned by the Landlord at the same or lower Rent, provided that the unit is of comparable or superior material living condition and convenience for the Tenant, if such comparable or superior vacant unit exists.

(ii) The first right of return to reoccupy the unit upon completion of the repairs at the same Rent charged to the Tenant before the Tenant temporarily vacated the Rental Unit to the extent allowed by state law.

(iii) In the event that the Tenant elects to accept an offer to move to a comparable vacant Rental Unit at the same or lower Rent, the Tenant is not eligible for any Relocation Assistance pursuant to Section 1806(b) herein, however the length of tenancy shall continue to be calculated from the date the Tenant first entered into a Rental Housing Agreement at the Property.

(C) In the event the Landlord files a Petition for Individual Rent Adjustment within six (6) months following the completion of the work, the Tenant shall be party to such proceeding as if he or she were still in possession, unless the Landlord submits with such application a written waiver by the Tenant of his or her right to reoccupy the premises pursuant to this subsection.

(9) Owner Move-In. The Landlord seeks, after providing 6 months written notice to the Tenant, to recover possession of the Rental Unit in good faith for use and occupancy as a Primary Residence by the Landlord, Landlord's spouse, domestic partner, children, grandchildren, parents, or grandparents.

As used in this subsection, "Landlord" shall only include a Landlord that is a natural person and has at least a fifty percent (50%) recorded ownership interest in the Property.
No eviction may take place under this subsection if the same Landlord or enumerated relative already occupies a unit on the Property, or if a vacancy already exists on the Property. If a comparable unit does become vacant and available before the recovery of possession, the Landlord shall rescind the notice to vacate and dismiss any action filed to recover possession of the premises.

(C) Any notice terminating tenancy pursuant to this subsection shall contain the name, address and relationship to the Landlord of the person intended to occupy the Rental Unit, and the rights pursuant to Subparagraph (E) herein.

(D) The Landlord or enumerated relative must intend in good faith to move into the Rental Unit within sixty (60) days after the Tenant vacates and to occupy the Rental Unit as a Primary Residence for at least thirty-six (36) consecutive months. The Rental Board may adopt regulations governing the determination of good faith.

(E) If the Landlord or relative specified on the notice terminating tenancy fails to occupy the Rental Unit within sixty (60) days after the Tenant vacates or fails to occupy the Rental Unit as a Primary Residence for at least thirty-six (36) consecutive months, the Landlord shall:

(i) Offer the Rental Unit to the Tenant who vacated it at the same Rent in effect when the Tenant vacated; and

(ii) Pay to said Tenant all reasonable expenses incurred in moving to and from the Rental Unit.

(F) Eviction Protection for Elderly or Disabled Tenant. A Landlord may not evict a Tenant pursuant to this subsection if the Tenant has resided in the Rental Unit for at least five (5) years and is either: (1) at least sixty (60) years or older, (2) Disabled; and/or (3) is certified as being terminally ill by the Tenant's treating physician. Notwithstanding the above, a Landlord may evict a Tenant who qualifies for the exemption herein if the Landlord or enumerated relative who will occupy the Rental Unit also meets the criteria for this exemption and no other units are available.

(G) Notwithstanding Section 1806(a)(9)(F), at all times a Landlord may request a reasonable accommodation if the Landlord or enumerated relative is Disabled and another unit in Pasadena is necessary to accommodate the person's disability.

(10) Withdrawal of the Unit Permanently from Rental Market. To the extent required by California Government Code Section 7060 et seq., the Landlord may seek in good faith to recover possession to withdraw all Rental Units of an entire Property from the rental market. The Landlord first must have filed the requisite documents with the Rental Board initiating the procedure for withdrawing Rental Units from rent or lease under California Government Code Section 7060 et. seq. and all regulations passed by the Rental Board, with the intention of completing the withdrawal process and going out of the rental business or demolition of the Property. If demolition is the purpose of the withdrawal, then the Landlord must have received all needed permits from the City of Pasadena before serving any notices terminating a tenancy based on Subsection (a)(10) herein. Tenants shall be entitled to a minimum of 180-day notice or one (1) year in the case Tenants are defined as senior or Disabled. Notice times may be increased by regulations if state law allows for additional time.

(11) Government Order. The Landlord seeks in good faith to recover possession of the Rental Unit in order to comply with a governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates the vacating of the building housing the Rental Unit as a result of a violation of the Pasadena Municipal Code or any other provision of law. To the extent allowed by state law, the Landlord must give advance notice to the Tenant of the Tenant's right to elect one or both of the following:

The right of first refusal to any vacant Rental Unit owned by the Landlord at the same or lower Rent, provided that the unit is of comparable or superior material living condition and convenience for the Tenant, if such comparable or superior vacant unit exists.
The first right of return to reoccupy the unit if and when it is found to be in compliance with the order at the same Rent charged to the Tenant before the Tenant temporarily vacated the Rental Unit.

(i) In the event that the Tenant elects to accept an offer to move to a comparable vacant Rental Unit at the same or lower Rent, the Tenant is not eligible for any Relocation Assistance pursuant to Section 1806(b) herein, however the length of tenancy shall continue to be calculated from the date the Tenant first entered into a Rental Housing Agreement at the Property.

(b) Relocation Assistance. A Landlord seeking to recover possession under Subsections (a)(8)-(11) above shall provide Relocation Assistance. The Landlord shall provide a minimum of fifty percent (50%) of the required Relocation Assistance within ten (10) days of service of any written notice of termination pursuant to Subsections (a)(8)-(11) to the Tenant(s). The Landlord may elect to pay the remaining Relocation Assistance owed to a Tenant pursuant to this subsection to an escrow account no later than twenty-eight (28) days prior to the expiration of the written notice of termination, to be disbursed to the Tenant upon certification of vacation of the Rental Unit. The escrow account shall provide for the payment prior to vacation of all or a portion of the monetary relocation benefits for actual relocation expenses incurred or to be incurred by Tenant prior to vacation, including but not limited to security deposits, moving expense deposits and utility connection charges. The Landlord may also disburse the remaining Relocation Assistance directly to the Tenant no later than twenty-eight (28) days prior to the expiration of the notice of termination.

The Landlord shall notify the affected Tenants of their rights under this subsection, if any, at the time of service of the notice to quit.
The Rental Board shall issue rules and regulations to effectuate this subsection including but not limited to rules and regulations setting forth the procedures for establishing the amount of Relocation Assistance applicable to any given Tenant household, and for the reasonably timely payment of any applicable Relocation Assistance.
A Landlord shall provide Relocation Assistance to any Tenant household who is displaced from a Rental Unit due to inability to pay Rent increases in excess of 5 percent plus the most recently announced Annual General Adjustment in any twelve-month period. The Landlord must provide Relocation Assistance to such Tenant households no later than the date that they vacate the Rental Unit. The Board shall issue rules and regulations to further effectuate this subdivision, including but not limited to the procedures and forms for establishing and facilitating payment of Relocation Assistance, an appeal process, if any, and rules to ensure the reasonably timely payment of any applicable Relocation Assistance. The Board may reduce the threshold triggering Relocation Assistance to Rent increases lower than 5 percent plus the most recently announced Annual General Adjustment in any twelve-month period if it determines that the lower threshold is necessary to further the purposes of this Article.
Right of Return and First Right of Refusal. All Tenants whose tenancy is terminated on a basis enumerated in Subsections (a)(8)-(11) herein shall have the first right of refusal to return to the Rental Unit if that Rental Unit is returned to the market by the Landlord or a successor Landlord to the maximum extent permitted by state law. Rent for the Rental Unit shall be the Rent lawfully paid by the Tenant at the time the Landlord gave notice of termination based upon Subsections (a)(8)-(11) herein to the maximum extent permitted by state law. The Rental Board shall decide on a timeline and procedures for the subsequent notification of the former Tenant of the return of their Rental Unit to the market.
Required Notice for Withdrawal of Rental Units From Rental Housing and Regulation of Property on Re-Offer of Rent or Lease After Withdrawal. Within 180 days of the first meeting of the Rental Board, the Rental Board shall adopt regulations, in the manner specified by California Government Code Section 7060.5, that implement all of the provisions set forth in California Government Code Section 7060 et seq. Such regulations shall be updated from time to time to ensure consistency with California Government Code Section 7060 et seq. and to ensure that the maximum protections authorized by law are afforded to Tenants of Rental Units.
Posting of Notice. For every Property containing Rental Units subject to this Article, the Landlord shall post a notice on a form prepared and authorized by the Rental Board, providing information about the existence of this Article. Notice must be posted in a conspicuous location in the lobby of the Property, near a mailbox used by all Tenants, or in or near a public entrance to the Property. The notice shall be written in English and Spanish, and in any other languages as required by the Rental Board.
Security Deposits. No Landlord shall increase a security or other deposit originally required from a Tenant as a condition of continued occupancy of a Rental Unit subject to this Article. Landlords shall pay interest annually on all Security Deposits held for at least one year for his or her Tenants. The interest rate to be paid on Security Deposits shall be set annually by the Rental Board every October. A Tenant shall be given the unpaid accrued interest within the timeframe outlined in California Civil Code Section 1950.5.
The interest rate shall be based on the average of the interest rates on savings accounts paid on October 1 of the previous year, by at least five Federal Deposit Insurance Corporation (FDIC) insured banks with branches in Pasadena. The Rental Board shall adopt the rate by October 1 of each year. The interest rate established by the Rental Board shall be the rate in effect from January 1 through December 31 of the subsequent year.

(H) Retaliation is Barred. No Landlord may threaten to bring, or bring, an action to recover possession, cause the Tenant to quit the Rental Unit involuntarily, serve any Written Notice to Cease or notice of termination of tenancy, decrease any services, interfere with the Tenant's quiet enjoyment of the Rental Unit and common areas, or increase the Rent where the Landlord's dominant motive is retaliation against the Tenant for the Tenant's assertion or exercise of rights under this Article, including creating and/or associating with Recognized Tenants Organizations or individuals involved with tenant advocacy. Such retaliation shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the Tenant for actual and punitive damages and injunctive relief. A Tenant may assert retaliation affirmatively or as a defense to the Landlord's action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Article and the alleged act of retaliation. However, there is a presumption of retaliation if Tenant engages in protected activity described herein in the twelve (12) months immediately preceding the issuance of a Written Notice to Cease. The Rental Board may address retaliation issues further in its rules and regulations consistent with the intent of this subsection to prevent unlawful retaliation.

Harassment is Prohibited. No Landlord may threaten to bring, or bring, an action to recover possession, cause the Tenant to quit the Rental Unit involuntarily, serve any Written Notice to Cease or notice of termination of tenancy, change the terms of lease without express written agreement from the Tenant, decrease any services, refuse to accept or acknowledge receipt of a Tenant's lawful Rent pursuant to this Article, or interfere with the Tenant's quiet enjoyment of the Rental Unit and common areas as part of an attempt to increase the Rent above the maximum allowable Rent permitted under this Article, either by obtaining such excessive Rent from the Tenant or by creating a vacancy and increasing the Rent for a new Tenant. Tenants are also protected from harassment for creating and/or associating with Recognized Tenant Organizations or individuals involved with tenant advocacy. Such harassment shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the Tenant for actual and punitive damages and injunctive relief. The Rental Board may address harassment issues further in its rules and regulations consistent with the intent of this subsection to prevent unlawful harassment.

(i) Notice to Specify Basis for Termination. Any notice purporting to terminate tenancy on any of the bases specified in this section must state with specificity the basis on which the Landlord seeks to terminate the tenancy.

(j) Landlord Compliance with this Article. In any action brought to recover possession of a Rental Unit subject to this Article, the Landlord shall allege compliance with this Article.

(k) Filing Termination Notices with Rental Board. The Landlord shall file with the Rental Board a copy of any notice terminating tenancy, including but not limited to a Written Notice to Cease, within three (3) days after serving the notice on the Tenant. The notice must be accompanied by a form summarizing the protections afforded to the Tenant by this Article, which will be prepared by the Rental Board.

(l) Failure to Comply. A Landlord's failure to comply with any requirement of this section, including without limitation the failure to serve any of the required notices to the Rental Board or to pay Relocation Assistance in subsection (b), is a complete affirmative defense in an unlawful detainer or other action brought by the Landlord to recover possession of the Rental Unit.