5.14.060 No-fault termination of tenancy.
(1) No-Fault Termination of Tenancy. If a landlord can show any of the following circumstances with respect to a termination of tenancy in a rental unit, the termination qualifies as a no-fault termination:
(a) A landlord seeks in good faith to recover possession in order to imminently:
(i) Demolish the rental unit.
(ii) Withdraw the rental unit permanently from rental housing use pursuant to the Ellis Act and other applicable state laws.
(A) Amendments to the Ellis Act. In the case of any amendment to the Ellis Act, or any other provision of state law which amendment is inconsistent with this section, this section shall be deemed to be amended to be consistent with state law, and to the extent it cannot be so amended shall be interpreted to be effective as previously adopted to the maximum extent possible.
(b) A landlord seeks in good faith to recover possession of a rental unit for the use and occupancy by landlord or landlord’s family member as the principal residence. Said rental unit must be occupied as the principal residence within 90 days of the tenant household vacating the rental unit, and the rental unit must continue to be occupied as the principal residence of landlord or landlord’s family member for at least three years, unless extenuating circumstances exist.
(i) If the rental agreement was entered into on or after the effective date of this chapter, this subsection shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the rental agreement allows the landlord to terminate the rental agreement if the landlord or landlord’s family member unilaterally decides to occupy the rental unit.
(ii) A landlord must provide the tenant 60 days’ written notice that the landlord intends to terminate the tenancy.
(iii) Owner-Occupancy Disclosure.
(A) Not less than 60 days prior to the final date of the tenancy, in addition to any notice required by California Civil Code Section 827, the landlord must disclose to the department the name(s) of the eligible individual(s) who will occupy the rental unit, and the relationship of said individual(s) to the landlord.
(B) The department may contact landlord during the three-year occupancy period to confirm that the landlord or landlord’s family member resides in the recovered rental unit(s), and may obtain written verification of residency.
(iv) A landlord may not terminate a tenancy under this subsection if any of the following apply, unless the landlord or landlord’s family member who will reside in the dwelling unit is similarly situated as the tenant or tenant’s household members who are being displaced:
(A) The tenant has continuously resided in the rental unit for at least five years, and a member of tenant’s household is either: (1) 62 years of age or older; or (2) disabled as defined in California Government Code Section 12955.3 or handicapped as defined in California Health and Safety Code Section 50072;
(B) The tenant or member of tenant’s household is terminally ill as certified by a treating physician licensed to practice in the state of California; or
(C) The tenant is a low-income household (“low-income household” means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5).
(v) Tenant’s Right of First Return.
(A) If a landlord or landlord’s family member ceases occupation of the rental unit within three years after the final date of tenancy, the tenant of a rental unit is entitled to receive notice of the first right to return to rent the same rental unit at the rent previously charged plus any annual rent increases allowed under Chapter 5.13 CMC.
(B) Nothing in this section shall be construed to relieve the landlord of the obligation to directly contact the former tenant and to advise the tenant that the recovered rental unit will again be offered for rent.
(c) A landlord seeks in good faith to recover possession to comply with any of the following: (i) an order issued by a government agency or court relating to habitability that necessitates vacating the rental unit; (ii) an order issued by a government agency or court to vacate the rental unit; or (iii) a local ordinance that necessitates vacating the rental unit. If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or for the need to vacate under this subsection, the tenant shall not be entitled to relocation assistance.
(2) All no-fault terminations of tenancy are eligible for relocation assistance. (Ord. 737 § 2 (Exh. A), 2023).