The City of Bell Gardens Rent Stabilization and Tenant Eviction Protections Ordinance protects tenants from unjust evictions without a cause and from unreasonable rent increases. The law also provides relocation benefits for tenants who are evicted for a no-fault reason and protects tenants from retaliation and harassment.
Just Cause Eviction Under The City Of Bell Gardens Rent Stabilization And Tenant Eviction Protections Ordinance
What Units Are Covered By The Bell Gardens Tenant Eviction Protections Ordinance?
All units in Bell Gardens have just-cause eviction protection. Bell Gardens, Cal. Mun. Code § 5.63.030(A). Eviction protections do not take effect until a tenant has continuously occupied the unit for twelve months or more. Id. Illegal units and accessory dwelling units are specifically covered, as are mobilehomes rented out by a mobilehome owner. Bell Gardens, Cal. Mun. Code § 5.63.020(N)
Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The Bell Gardens Tenant Eviction Protections Ordinance?
The eviction protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in Bell Gardens that are not covered by the Bell Gardens Tenant Eviction Protections Ordinance and that otherwise meet the requirements of state rent control eviction protections. Since all units have eviction protections in the city it is unlikely that a tenant in Bell Gardens is covered by California Rent Control eviction protections.
What Are The Just Causes For Eviction In Bell Gardens?
A landlord must have a just-cause reason to terminate a tenancy. If a landlord does not have one of the permissible reasons for eviction, they cannot force a tenant out of their home.
The following are the for-fault reasons for eviction:
- Failure to pay rent
- Continued violation of material term of rental agreement after a ten-day written notice to cease
- Waste
- Nuisance or illegal purpose.
- Failure to sign substantially similar lease after at least sixty days advanced notice before the expiration of the original lease
- Assignment or subletting in violation of lease
- Refusal to permit access
- Failure to vacate after termination of employment
- Failure to vacate after tenant gave notice to vacate or agreed to vacate in writing
Bell Gardens, Cal. Mun. Code § 5.63.030(C).
The following are the no-fault reasons for eviction:
- Intent to demolish in good faith
- Withdrawing all the rental units on the parcel from the rental market pursuant to the Ellis Act
- Owner move-in or family member move-in
- Government agency, court order, or ordinance requiring the unit to be vacated.
Bell Gardens, Cal. Mun. Code § 5.63.020(D).
What Are The Requirements In Bell Gardens For An Owner-Move-In Or Relative-Move-In Eviction?
Absent extenuating circumstances, an owner or relative must move into the unit as a principal residence within ninety days and continuously occupy the unit for three years. Bell Gardens, Cal. Mun. Code § 5.63.020(D)(2).
If the rental agreement was entered into after October 12, 2022, an owner-move-in or relative-move-in eviction is only allowed in Bell Gardens if the lease allows for it or if the tenant later agrees to it in writing. Id.
A landlord must provide a sixty-day notice for an owner-move-in or relative-move-in eviction. Id. Before the expiration of the notice, the landlord must disclose to the City of Bell Gardens the names of the owner or family members who will occupy the rental unit. Id. The City of Bell Gardens may contact the landlord during the three-year occupancy to confirm that the landlord or landlord’s family member resides in the unit. Id.
A landlord may not terminate for an owner-move-in or relative-move-in eviction in Bell Gardens if any tenant in the household has continuously resided in the rental unit for at least five years and is sixty-two or older, disabled, terminally ill, or low income. Id. Disabled is defined as a physical or mental impairment that if left untreated would limit a major life activity. Id. Low income is defined by Section 8, which generally means a family’s income may not exceed 50% of the median income for Los Angeles County. Id. However, an eviction will still be allowed if the owner or relative moving in is also in one of these protected categories. Id.
A displaced tenant shall have the right to return at the same rent If the landlord or family member does not remain in the unit for the three years. Id. The onus is on the landlord to inform the tenant that the unit is available. Id.
Are Tenants Entitled To Monetary Relocation Assistance For Permanent No-Fault Eviction Under The Bell Gardens Tenant Eviction Protections Ordinance?
Tenants who are displaced for an Ellis Act eviction, demolition eviction, owner-move-in or relative-move-in eviction, or a government-compliance eviction are entitled to statutory relocation. Bell Gardens, Cal. Mun. Code § 5.63.020(E).
For permanent displacements, the landlord must pay the household three times the tenant’s monthly rent. Bell Gardens, Cal. Mun. Code § 5.63.040(A). An additional month’s rent is required where any tenant in the household has resided in the unit for five years or more or is sixty-two years or older, disabled, under the age of eighteen, or low income. Id. Disabled is defined as a physical or mental impairment that if left untreated would limit a major life activity. Id. Low income is defined by Section 8, which generally means a family’s income may not exceed 50% of the median income for Los Angeles County. Id.
Half of the relocation is due within fifteen days of the eviction notice and the balance no later than five business days after the tenant has vacated. Id. If a tenant fails to timely vacate, the landlord may seek reimbursement of the relocation payment in any unlawful detainer action. Id.
Relocation payments are not required to be paid to tenants who caused the issues leading to the displacement. Id.
Are Tenants Entitled To Monetary Relocation Assistance For Temporary Displacements Under The Bell Gardens Tenant Eviction Protections Ordinance?
A landlord must provide temporary relocation assistance to tenants who are displaced for repairs that will make the rental unit untenantable, such as lead, mold or asbestos abatement. Bell Gardens, Cal. Mun. Code § 5.63.040(B).
If for less than thirty days, the landlord must pay a per-diem equal to the Federal General Services Administration per-diem rate. Id. If for more than thirty days, the landlord has the option of providing comparable temporary accommodations. Id. If the temporary accommodation is in a hotel, the accommodation must be safe, sanitary, and a reasonable distance from the tenant’s unit. Id.
What Are The Requirements For A Tenant Buyout Agreement In Bell Gardens?
Before presenting a buyout offer, a landlord must provide a written notice that states that the tenant does not have to engage in buyout negotiations, that the tenant has the right to consult a lawyer, and that the tenant may cancel a buyout thirty days after signing it. Bell Gardens, Cal. Mun. Code § 5.63.050.
Once a buyout is agreed upon, the proposed agreement must be presented to the tenant at least forty-five days before it is signed. Id. The agreement must prominently include statements in bold and large type that the tenant may cancel the agreement within thirty days after all parties have signed, that entering into the agreement is optional, and that consulting with an attorney is advisable. Id. To cancel the buyout agreement, the tenant needs to send written notice to the landlord within thirty days of execution. Id. Once the buyout agreement is fully executed, the landlord is required to provide the tenant a copy within ten days and file a copy with the City of Bell Gardens within ten days. Id.
Can A Landlord Retaliate Against A Tenant For Asserting Bell Gardens Tenant Protections?
A landlord may not terminate a tenancy, refuse to renew a tenancy, or cause a tenant to vacate in retaliation for the tenant asserting rights under the Bell Gardens Tenant Eviction Protections Ordinance. Bell Gardens, Cal. Mun. Code § 5.63.060(A).
What Types Of Landlord Harassment Are Illegal In Bell Gardens?
No landlord or landlord agent in Bell Gardens can do any of the following:
- Interrupt, terminate, or fail to provide housing services
- Do any of the following actions in bad faith:
- Fail to perform repairs and maintenance required by rental agreement or by federal, state, or local laws;
- Fail to exercise due diligence in completing repairs and maintenance once undertaken;
- Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
- Conduct elective renovation or construction of rental unit for the purpose of harassing a tenant;
- Refuse to acknowledge or accept receipt of a tenant’s lawful rent payment as set forth in a rental agreement, by usual practice of the parties, or in a notice to pay rent or quit;
- Refuse to cash or process a rent check or other form of acceptable rent payment for more than thirty days;
- Fail to maintain a current address, in addition to any electronic payment methods, for delivery of rent payments;
- Request information that violates a tenant’s right to privacy, including, but not limited to, residency or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of determining the tenant’s qualifications for a tenancy;
- Release information protected by the tenant’s right to privacy except as required or authorized by law; or
- Request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation.
- Abuse the right of access into a rental unit.
- Influence or attempt to influence a tenant to vacate a rental unit through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a tenant to the United States Department of Homeland Security.
- Threaten the tenant, by word or gesture, with physical harm, or repeatedly mistreat an occupant of a rental unit during in-person conversations, through social media postings or messages, or other communications, with language, verbal or written, that a reasonable person would consider likely to cause fear or provoke an immediate violent reaction.
- Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, HIV/AIDS, occupancy by a minor child, or source of income.
- Take action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a favorable termination of that action.
- Remove from the rental unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to enforcement of a legal termination of tenancy.
- Provide false written or verbal information regarding any federal, state, or local tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice.
- Offer payments to:
- A tenant to vacate, including a buyout agreement offer, more frequently than once every six months, after the tenant has notified the landlord in writing that the tenant does not desire to receive further offers of payments to vacate.
- Attempt to coerce the tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.
- Interfere with a tenant’s right to quiet use and enjoyment of a rental unit as that right is defined by law.
- Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy.
- Interfere with the right of tenants to organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or distribute and post literature in common areas, including lobby areas and bulletin boards, informing other tenants of their rights and of opportunities to involve themselves in organized tenant activities.
Bell Gardens, Cal. Mun. Code § 5.63.060(B).
What Units Are Covered By The Bell Gardens Rent Stabilization Ordinance?
All units built before February 1, 1995, have rent caps under the Bell Gardens Rent Stabilization Ordinance, except single-family home, condominiums, government-owned housing, below-market-rate units, parcels with three or fewer units where one unit has been continuously occupied by a 25% owner, hotels, boarding and rooming houses, hospitals, religious faculties, and extended elder or medical care. Bell Gardens, Cal. Mun. Code § 5.62.030. Mobilehomes rented by the owner of the mobile home are specifically covered by rent caps. Id.
Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The City Of Bell Gardens Rent Stabilization Ordinance?
The rent-ceiling protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in Bell Gardens that are not covered by the City of Bell Gardens Rent Stabilization Ordinance and that otherwise meet the requirements of state rent control. If your Bell Gardens unit is one of the exempt buildings under the City’s law, please read our guide to determine if your unit is covered by California Rent Control rent caps.
How Much Can A Landlord Raise The Rent Under The Bell Gardens Rent Stabilization Ordinance?
For units covered by the Bell Gardens Rent Stabilization Ordinance, a landlord can raise the rent by 50% of the annual consumer price index for all urban consumers of the Los Angeles-Long Beach-Anaheim, California. Bell Gardens, Cal. Mun. Code § 5.62.040. Only one rent increase is allowed per year, and a landlord cannot bank unused increases. Id. When unit is vacant, the landlord can increase the rent to market rate. Id.
Can A Landlord Ever Increase The Rent Above The Annual Allowable Amount Under The Bell Gardens Rent Stabilization Ordinance?
A landlord is allowed to pass through 50% of capital improvement costs. Bell Gardens, Cal. Mun. Code § 5.62.060. Examples of capital improvements include air conditioning, security gates, swimming pools, fencing, play equipment, electrical, plumbing, mechanical, and removal of lead, mold or asbestos. Id. Capital improvements cannot include regular maintenance, repairs from wear, or deferred maintenance. Id.
Landlords may ask for a larger increase by filing an Application for Rent Increase. Id. The landlord must show that property is no longer making a fair return. Id. The following is considered in reviewing the application: inflation, the rent history, income of expenses, property taxes, prior applications for rent increase, capital improvements, housing services, and the physical condition of the building. Id.
Can A Tenant Ever Get A Rent Decrease Under The Bell Gardens Rent Stabilization Ordinance For A Landlord’s Failure To Maintain?
A tenant can file a Tenant Application for Adjustment to have the rent reduced for unlawful rent or fees, repair issues, or decreased in housing services. Bell Gardens, Cal. Mun. Code § 5.62.070. Prior to filing an application for adjustment with the department, a tenant shall complain in writing to the landlord and give a reasonable opportunity for the landlord to correct the issues. Id.
Under The Bell Gardens Tenant Eviction Protections Ordinance, Can A Tenant Sue A Landlord For Wrongful Eviction, Harassment, And Retaliation?
Tenants in Bell Gardens may institute a civil action for wrongful eviction, harassment, or retaliation in violation of the Bell Gardens Tenant Eviction Protections Ordinance. Bell Gardens, Cal. Mun. Code §§ 5.63.060(C), 5.63.100. Damages include injunctive relief, actual damages, emotional distress damages, statutory damages, and attorney fees and costs. Id. A prevailing landlord can only recover attorney fees and costs if the court determines that the tenant’s action was frivolous. Id. Statutory damages are up to $1,000 for each violation of the Bell Gardens Tenant Eviction Protections Ordinance. Id.
Can A Tenant Sue A Landlord For Illegally Collecting Rent Under The Bell Gardens Rent Stabilization Ordinance?
Under the Bell Gardens Rent Stabilization Ordinance, a tenant may bring a civil action for illegal rent increase. Bell Gardens, Cal. Mun. Code § 5.62.140. Damages include injunctive relief, restitution, civil penalties, and attorney fees and costs. Id. A prevailing landlord can only recover attorney fees and costs if the court determines that the tenant’s action was frivolous. Id. Civil penalties are up to $1,000 for each violation of the Bell Gardens Rent Stabilization Ordinance. Id.
Tenants should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney if they have any questions about their local laws or if they believe their landlord has violated the City of Bell Gardens Rent Stabilization and Tenant Eviction Protections Ordinance.
