Tenant Protections For Substantial Repairs
On November 15, 2023, the City of South Pasadena adopted an amended Just Cause for Eviction Ordinance that addresses the issue of substantial remodel evictions. This permanent ordinance went into effect on December 15, 2023. See below to learn more. For additional information, please contact Leah Demarest, Senior Planner for Housing Programs, at ldemarest@southpasadenaca.gov or (626) 403-7217.
Amended Just Cause for Eviction Ordinance
The amended Just Cause for Eviction Ordinance(PDF, 425KB) revises Article X of Title 17 of the South Pasadena Municipal Code (SPMC) in the following ways:
- Reorganizes the Article and adds headings and section numbers.
- Removes “substantially remodel” as a “no-fault just cause” for terminating a tenancy.
- Adds a “Tenant Protections for Necessary and Substantial Repairs” section. This new section (Section 17.111):
- Provides a definition of “Necessary and Substantial Repairs;”
- States that “Necessary and Substantial Repairs” are not a valid basis for a “no-fault just cause” termination of a tenancy;
- Establishes requirements for a landlord to mitigate temporary untenantable conditions resulting from Necessary and Substantial Repairs, including provision of temporary relocation assistance; and
- Establishes a tenant’s option to voluntarily terminate tenancy under specified circumstances pursuant to a tenant buyout agreement.
4. Adds a “Tenant Buyout Agreements” section. This new section (Section 17.112) will set forth provisions to ensure the protection of tenants in the negotiation and execution of a proposed buyout agreement.
5. Adds a new section (Section 17.116) to allow the City Manager to adopt administrative procedures, regulations, and guidelines for the implementation of the provisions.
Notice of Option to Voluntarily Terminate Tenancy(PDF, 307KB)
SPMC Section 17.112 requires a landlord to provide notice of a tenant's option to voluntarily terminate their tenancy pursuant to a tenant buyout agreement at the time the landlord provides notice of the commencement of Necessary and Substantial Repairs as set forth in SPMC Section 17.111(a)(2).
Landlords must use this form: Notice of Option to Voluntarily Terminate Tenancy(PDF, 307KB)
Tenant Buyout Disclosure Notice
SPMC Section 17.112(b) requires a landlord to provide each tenant in the rental unit a written disclosure in the primary language of the tenant at the same time a proposed buyout agreement is provided.
Landlords must use this form:Tenant Buyout Disclosure Notice(PDF, 288KB)
About Substantial Remodel Evictions
What is the issue?
In April 2023, South Pasadena community members raised concerns to the City Council about the eviction of tenants by property owners to renovate and raise the rents in their properties.
Under South Pasadena’s original Just Cause for Eviction Ordinance, substantial remodel was a no-fault just cause for a property owner to evict a tenant.
How was substantial remodel defined?
Under South Pasadena’s original Just Cause for Eviction ordinance, “substantially remodel” was defined as the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit, or the abatement of hazardous materials in accordance with federal, state, and local laws.
It also must be work that cannot be done safely with the tenant in the unit and that requires the tenant to leave the unit for at least 30 days.
How does the amended ordinance define substantial remodel?
In the amended Just Cause for Eviction Ordinance, Necessary and Substantial Repairs include an owner’s undertaking in good faith of substantial repairs that are necessary to bring the residential real property and/or rental unit into compliance with housing, health, building or other applicable codes and laws and/or codes and laws affecting the health and safety of tenants of the building; replacement or substantial modification of any structural, electrical, plumbing or mechanical system that requires a permit from a governmental agency; and the abatement of hazardous materials, including lead-based paint, mold or asbestos, in accordance with federal, state and local laws. Necessary and Substantial Repairs do not include cosmetic improvements.
Necessary and Substantial Repairs shall not be a valid basis for a no-fault just cause eviction.
Community Meetings
The City of South Pasadena hosted a Community Meeting on Saturday, October 7, 2023. Community Development Department staff provided a brief presentation, and then South Pasadena renters, property owners, and interested community members were invited to provide additional input on what they would like to see in an amended Just Cause for Eviction Ordinance to address the issue of substantial remodel evictions.
Click here to view a video recording of meeting.
Click here(PDF, 855KB) to view the PowerPoint slides.