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Rent stabilization newsletter – May 2023

Posted on May 31, 2023


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News and Update

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Noticing Requirements

The City of Santa Ana’s Rent Stabilization and Just Cause Eviction Ordinance (“Ordinance”) provides local requirements on how a property owner/landlord/property manager (collectively, “Owner”) must provide certain notice to tenants. In general, Owners must notify tenants of the existence of the Ordinance and their rights under the Ordinance, and must follow procedures outlined under State and local laws when serving any notice to a tenant.*

What are some common types of notices?

  • Notice to Cease or Correct – Under the Ordinance, before an Owner issues a notice to terminate a tenancy for just cause that is a curable lease violation, the Owner must first give notice of the violation to the tenant with an opportunity to cure the violation.
  • Notice to Pay Rent or Quit – Under California law, an Owner may issue a notice to pay rent or quit if the tenant has not paid rent.
  • Notice to Quit – Under California law, an Owner may issue a notice to quit if the tenant commits waste or a nuisance at the property.
  • Notice to Terminate Tenancy for Just Cause – If an Owner wants a tenant to move out, they must provide a written notice. Under the Ordinance, after a tenant has continuously and lawfully occupied the property for at least thirty (30) days, the Owner cannot terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.
  • Notice of a Change in Terms of Tenancy – An Owner’s ability to change the terms of a tenancy depends on the tenancy type, the terms of the tenant’s lease or rental agreement, and the nature of the change.

Are Owners required to inform tenants of their rights under the Ordinance?

Yes. Owners are required to provide written notice of the Ordinance and tenants’ rights at commencement of a lease, as part of any notice of change in terms of tenancy, or at termination of tenancy. The notice shall be written in the language that the Owner and tenant used to negotiate the terms of the tenancy. The template notice is available on the City’s  website in English, Spanish, Vietnamese, Chinese, Tagalog, and Korean.

What does the Ordinance say about noticing requirements for a termination of tenancy?

When terminating a tenancy for either at-fault just cause or no-fault just cause, an Owner must comply with all of the following:

  • The Owner must serve a written notice in accordance with California Civil Code.
  • The Owner must qualify the termination as at-fault just cause or no-fault just cause and indicate at least one at-fault just cause or no-fault just cause reason in the notice.
  • The Owner may not accept rent payment beyond the term of the terminated tenancy.
  • The Owner must submit a copy of the notice of termination and proof of service to the City within five (5) days after service to the tenant.
  • The Owner must provide the notice in the language that the Owner and tenant used to negotiate the terms of the tenancy, in addition to English.

When terminating a tenancy for no-fault just cause, the Owner must notify the tenant of their right to relocation assistance or rent waiver in an amount equal to three (3) months of the tenant’s rent.

Are Owners required to inform tenants if there is a change in Ownership under the Ordinance?

Yes. Whenever a change in ownership of a rental unit occurs, the new Owner must inform tenants of the change in ownership of the building and provide contact information of the new Owner and relevant representatives.

At least sixty (60) days prior to the sale of a Mobilehome Park, the Owner shall provide notice of such proposed sale to the Mobilehome Park residents and prepare a report on the impact of the sale of the Mobilehome Park.

What if noticing requirements under the Ordinance are not met?

Under the Ordinance, an Owner’s failure to strictly comply with the noticing provisions shall render a notice of termination void. Additionally, no rent increase may be effective if the Owner fails to provide notice as required.

Self-help resources

The California Tenants Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities includes helpful information on noticing requirements under California law.

View booklet 

*Please be advised, information provided herein referencing the City’s Ordinance is not exhaustive and should not be interpreted as legal advice. The City of Santa Ana does not provide legal advice regarding the Ordinance or any other laws. Members of the public, property owners, and tenants should confer with legal counsel of their choosing if further guidance is needed. The City of Santa Ana reserves all rights and remedies.

Resource Spotlight – 2-1-1 Orange County

2-1-1 Orange County (“211OC”) operates a comprehensive information and referral system for residents of Orange County. 211OC provides a resource database of health and human services and support, accessible 24 hours a day, 7 days a week online and through their multi-lingual hotline, connecting people quickly and effectively to existing programs and disaster response information.

211OC connects people of all income levels and language and cultural backgrounds to resources tailored to their needs and circumstances, taking into account accessibility, eligibility requirements and other factors through live assistance from highly-trained and certified Information & Referral Specialists or through their searchable online resource database. Dial 2-1-1 on your mobile device, or visit 211OC.org.

Serving our Residents

City staff serves the public on a daily basis by responding to telephone and email inquiries about the Rent Stabilization and Just Cause Eviction Ordinance and general landlord/tenant issues. Since the inception of the Rent Stabilization Program in November 2021, staff members have spoken with over 2,000 individuals. Persons contacting the City include landlords, tenants, real estate brokers, prospective tenants and prospective property owners. The most common topics of concern are evictions and allowable rent increases.

Know your rights

If you believe the owner or property manager for your rental unit or mobilehome may not be in compliance with the Ordinance, or you need assistance interpreting the Ordinance, please reach out to one of the City’s community partners:

Fair Housing Council of Orange County

2021 E. 4th Street, Suite 122
Santa Ana, CA 92705
Phone: 714-569-0823 Option 4

Community Legal Aid SoCal

2101 North Tustin Avenue
Santa Ana, CA 92705
Phone: 714-571-5200

Public Law Center

601 Civic Center Drive West
Santa Ana, CA 92701
Phone: 714-541-1010 x 303

Latino Health Access

450 W 4th Street
Santa Ana, CA 92701
Phone: 714-542-7792

Please be advised, the City does not recommend or endorse any particular law firm or agency, but leaves it up to tenants to determine their best course of action and chosen representation, if necessary.

Contact us:

20 Civic Center Plaza
Santa Ana, CA 92702
Email: rso@santa-ana.org 
Tel: (714) 667-2209
Fax: (714) 547-5411

Quick links:

Our Website

Read the Ordinance

Frequently Asked Questions

If you have any difficulty connecting with the links in this Newsletter, enter the following website address into an internet browser to explore the City’s website – www.santa-ana.org/renter-protections

 

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