The City Of East Palo Alto Rent Stabilization And Just Cause For Eviction Ordinance

The City of East Palo Alto Rent Stabilization and Just Cause for Eviction Ordinance regulates how much a landlord can increase a tenant’s rent and prohibits eviction of a tenant unless the landlord has a proper just cause.  The law also covers what types of evictions require relocation payments and prohibits landlords from harassing their tenants.

Which Units Have Limitations On Rent Increases Under The City Of East Palo Alto Rent Stabilization And Just Cause For Eviction Ordinance?

Properties with at least two units that were built before January 1, 1988, have rent increase limits under the ordinance.  East Palo Alto, Cal. Mun. Code §14.04.050.

The following units do not have rent caps:

• Single-family homes
• Units constructed after January 1, 1988
• Owner-occupied units where the landlord does not rent more than two additional units on the property and where the landlord or their relative has occupied the unit as their principal place of residence for at least one year
• Owner-occupied units where the tenant shares a bathroom or kitchen with the landlord
• Rooms in a motel, hotel, rooming house, or boarding house that are rented to guests for less than thirty days
• Nonprofit housing projects with rent caps
• Units in a nonprofit cooperative that are owned, occupied, and controlled by a majority of the residents
• Units with voucher assistance, such as Section 8
• Units in hospitals, skilled nursing facilities, health or care facilities, convalescent homes, or nonprofit homes for the elderly.  Id.

Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The City Of East Palo Alto Rent Stabilization And Just Cause For Eviction Ordinance?

The rent-ceiling protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City of East Palo Alto that are not covered by the City of East Palo Alto Rent Stabilization And Just Cause For Eviction Ordinance and that otherwise meet the requirements of state rent control.  If your East Palo Alto unit is one of the exempt buildings under the City’s ordinance, please read our guide to determine if your unit is covered by California Rent Control rent caps.

How Much Can A Landlord Increase The Rent Under The City East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

Rent increases are limited to 80% of the annual percent change in the Consumer Price Index for all urban consumers for the San Francisco-Oakland-San Jose area but cannot be more than 10% in any twelve-month period.  East Palo Alto, Cal. Mun. Code §14.04.100.  

Landlords can seek a larger increase by filing a Fair Return Petition.  East Palo Alto, Cal. Mun. Code §14.04.120.  The landlord must show that the property is no longer making a fair return due to an increase in operating expenses or a decrease in income.  Id.

Where a landlord is failing to repair or failing to provide services, a tenant may seek a downward adjustment in rent by filing a Decrease in Services Petition.  East Palo Alto, Cal. Mun. Code §14.04.130.

Which Units Have Eviction Protections Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

All units in East Palo Alto have eviction protections except the following:

• Owner-occupied units where the tenant shares a bathroom or kitchen with the landlord
• Rooms in motels, hotels, rooming houses, or boarding houses that are rented to guests for less than thirty days
• Units in nonprofit cooperatives 
• Units in hospitals, skilled, health or care facilities, convalescent homes, or nonprofit homes for the elderly

East Palo Alto, Cal. Mun. Code §14.04.050.

Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The City Of East Palo Alto Rent Stabilization And Just Cause For Eviction Ordinance?

The eviction protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City of East Palo Alto that are not covered by the City of East Palo Alto Rent Stabilization and Just Cause for Eviction Ordinance and that otherwise meet the requirements of state rent control eviction protections.  If your East Palo Alto unit is one of the exempt buildings under the City’s ordinance, please read our guide to determine if your unit is covered by California Rent Control eviction protections.

What Are The Just-Cause Reasons For Eviction Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

Landlords in the City of East Palo Alto must have a just-cause reason to evict a tenant. East Palo Alto, Cal. Mun. Code §14.04.160.  If a landlord does not have a permissible reason, they cannot force a tenant out of their home.  Here are the just causes: 

1. Failure to pay rent

2. Continued, material breach of a lease agreement after the tenant is provided a notice to correct

3. Creating a nuisance, causing substantial damage to the property beyond normal wear and tear, or refusing to pay for repairs after written notice

4. Refusing to sign a new lease that is substantially identical to the tenant’s prior lease 

5. Disorderly conduct such as disturbing the peace and quiet of other tenants or the landlord

6. Refusal to provide the landlord reasonable access to the unit

7.  Substantial repairs required to bring the unit into compliance with applicable health and safety codes.  

8. Demolition of the property 

9. Ellis Act eviction 

10. Owner or relative move-in 

11. Failure of the tenant to vacate after a temporary rental agreement ends

12. Compliance with government order to vacate

13. Compliance with government agreement or regulation that requires a tenant to vacate because the tenant no longer qualifies under the agreement or regulation

14. Unapproved subtenant who holds over after the primary tenant moves out 

East Palo Alto, Cal. Mun. Code §14.04.160.

What Are The Requirements For A Substantial Repairs Eviction Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

A landlord must comply with the following requirements:

• The landlord has obtained all necessary permits. 
• Repair costs are not less ten times the monthly rent. 
• The work will render the unit uninhabitable for of more than thirty days.
• The landlord informs the tenant of their right to either move to a comparable vacant unit at a comparable rent or to move back to the original unit at the same rent. 
• If the landlord files for a rent adjustment within six months after completion of the work, the tenant must be included in the process unless the tenant waives the right to reoccupy the unit.  

East Palo Alto, Cal. Mun. Code §14.04.160(A)(7).

What Are The Requirements For An Owner Or Relative Move-In Eviction Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

An owner must comply with the following requirements:

• The owner or their relative (parents, children, brother/sister, or spouse/domestic partner) must move into the property within two months of the tenant vacating and live in the unit for at least one year as their principal place of residence.
• The owner must already live in the building to do a relative move-in, or the owner must do simultaneous owner move-in and relative move-in evictions. 
• The owner must have at least a 50% ownership interest in the property. 
• There musts be no vacant comparable units available for the landlord or their relative to move into. 

East Palo Alto, Cal. Mun. Code §14.04.160(A)(10).

Do I Have Protections From An Owner Or Relative Move-In Eviction Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

Tenants should note that the law is silent on protections from an owner or relative move-in due to age or disability. 

How Much Notice Am I Entitled To For An Owner Or Relative Move-In Eviction Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

If you have lived in the unit for at least one year, you are entitled to a sixty-day written notice.  Cal. Civ. Code § 1946.1.​  If you have lived in the unit for less than a year, you are entitled to a thirty-day written notice.  Id.  

What Are The Requirements For An Ellis Act Eviction Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

An Ellis Act eviction means that the landlord is withdrawing the building from the rental market and is going out of the landlord business.  This means that all tenants in the building must be evicted, not just one unit. 

A landlord must provide a 120-day notice for an Ellis Act eviction. East Palo Alto, Cal. Mun. Code §§ 14.08.050(6)-(8).  Tenants who are at least sixty-two years old or are disabled are entitled to a one-year notice.  Id. 

If within two years, a landlord offers the unit for rent, the evicted tenant shall have the right to return at the same rent and can sue the landlord for their actual and exemplary damages.  East Palo Alto, Cal. Mun. Code §14.08.040(A).  If the landlord re-rents within five years, the evicted tenant may return to the unit at the same rental rate, plus any allowable rent adjustment, and may sue the landlord for their actual damages.  East Palo Alto, Cal. Mun. Code §14.08.040(B).  If the landlord re-rents within ten years of the withdraw, the landlord must offer to rent to the tenant and if they fail to do so, the tenant may sue the landlord for their general damages and punitive damage, an amount not to exceed six months of the contract rent. East Palo Alto, Cal. Mun. Code §14.08.040(C).

Are There Protections From An Ellis Act Eviction For School-Aged Children Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

Tenants with children under the age of eighteen can extend the time to vacate if the move out date falls within the school year.  East Palo Alto, Cal. Mun. Code §14.08.060(B). The tenant must notify the landlord of this protection within thirty days of receiving the vacate notice.  Id.  Tenants who have received a school-year extension are required to move out within twenty-one days of the end of the school year. Id. 

When Is A Tenant Entitled To Permanent Relocation Benefits Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

The ordinance only provides relocation assistance for Ellis Act and demolition evictions.  East Palo Alto, Cal. Mun. Code §14.08.060(A).  The ordinance is silent on relocation for other types of no-fault evictions such as an owner-move-in eviction. 

Each adult tenant in a unit is entitled to the relocation payment in an Ellis Act or demolition eviction.  Id.  If the tenant has lived in the unit for less than two years, they are entitled to $7,500, and if the tenant has lived in the unit for more than two years, they are entitled to $10,000.  Id. 

Households that are low-income (defined in Health & Safety Code Section 50079.5) are entitled to an additional $2,500.  Households with a tenant who is a minor dependent, disabled, at least sixty-two years old, or terminally ill are also to an additional $2,500.  Id.  Disability is a physical or mental impairment that if left untreated would limits a major life activity.   

When Is A Tenant Entitled To Temporary Relocation Benefits Under The City Of East Palo Alto Rent Stabilization And Just Cause for Eviction Ordinance?

Tenants who are displaced for repairs necessary to comply with housing, health, building, or safety laws, or due to a government order are entitled to temporary relocation assistance.  East Palo Alto, Cal. Mun. Code §14.02.130.

Tenants must be offered alternate housing within fifteen miles of their unit.  Id.  The alternate housing can be a unit the landlord owns, a unit the landlord does not own, or a hotel/motel.  Id.  During displacement, the tenant must continue to pay their rent while the landlord pays for the alternate housing directly to the provider.  Id.  The landlord must also pay for the tenant’s storage and pet boarding, if needed.  Id. 

What Happens In The Case of A Fire In The City Of East Palo Alto?

If a tenant is forced to vacate their home due to fire or other disaster, the landlord must offer the unit back within thirty days of completing repairs.  East Palo Alto, Cal. Mun. Code §14.12.020.  The tenant has thirty days to accept the offer and must move back into the unit within forty-five days of receiving the landlord’s offer.  Id.  Tenant can sue the landlord for their actual damages and for punitive damages if the landlord fails to offer the unit back.  Id. 

Are Tenants Protected From Harassment Under The City Of East Palo Alto Rent Stabilization And Just Cause For Eviction Ordinance?

All tenants in East Palo Alto are protected from landlord harassment unless the tenant lives in a hospital, state licensed care facility, convent/monastery, extended care facility, school dormitory, retirement home, or housing owned, managed, or operated by the government. East Palo Alto, Cal. Mun. Code §14.02.030.

Landlords and their agents and employees cannot do any of the following in bad faith:

1. Interrupt, terminate or fail to provide housing services or threaten to interrupt, terminate or fail to provide housing services required by contract or by state, county or local housing health or safety laws
2. Fail to perform repairs or maintenance, or threaten to fail to perform repairs or maintenance required by contract or by state, county or local housing, health or safety laws
3. Fail to exercise due diligence in completing repairs or maintenance once undertaken or 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
4. Abuse the right of access or threaten to abuse the right of access
5. Influence or attempt to influence a tenant to vacate a unit through threats, fraud, intimidation or coercion.
6. Attempt to coerce the tenant to vacate with offers to vacate that are accompanied with threats or intimidation
7. Threaten the tenant, by word or gesture, with physical harm
8. Violate any law which prohibits discrimination based on actual or perceived race, gender, gender orientation, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or minor or student/nonstudent occupancy status
9. Interfere with a tenant’s right to quiet use and enjoyment, or threaten to interfere with a tenant’s right of quiet use and enjoyment
10. Refuse to accept or acknowledge receipt of a lawful rent payment
11. Refuse to cash a rent check for more than thirty days
12. Call or threaten to call immigration authorities
13. Request information or documentation that violates Civil Code Section 1940.3, including but not limited to, immigration or citizenship status
14. Other 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 the unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a unit to vacate or to surrender or waive any rights in relation to the occupancy
15. For tenancies beginning after June 1, 2014, charge for the parking required by the city as a part of city development  

East Palo Alto, Cal. Mun. Code §14.02.100(A)-(O).

Are Tenants Protected From Retaliation Under The City Of East Palo Alto Rent Stabilization And Just Cause For Eviction Ordinance?

A landlord also cannot evict tenants or take other negative actions against a tenant because they exercised their rights under the ordinance.  East Palo Alto, Cal. Mun. Code §14.04.170.

Penalties For A Landlord Who Violates The Law 

Can A Tenant Sue Their Landlord For Violation Of The City Of East Palo Alto Rent Stabilization And Just Cause For Eviction Ordinance?

Tenants may sue for a wrongful eviction for an illegal owner or relative move-in. East Palo Alto, Cal. Mun. Code §14.04.180 (C).  If the landlord or their relative does not move into the unit within two months of the tenant vacating or does not live in the unit for at least one year as their principal place of residence, the tenant shall have the right to move back to the unit.  In addition, if the landlord is found to have acted willfully or to have made intentional misrepresentations, the tenant shall be entitled to an award of damages of $5,000 or the damages allowed under California Civil Code Section 1947.10, whichever is greater.  Id. Tenants shall also be entitled to reasonable attorney fees and costs.  East Palo Alto, Cal. Mun. Code §14.04.180 (F).

Tenants may sue for their actual damages when their landlord illegally demands or retains excessive rent in violation of the ordinance. East Palo Alto, Cal. Mun. Code §14.04.180 (B).  If the landlord is found to have acted willfully or intentionally, the tenant shall be entitled to an award of $5,000 or the damages allowed under California Civil Code Section 1947.11, whichever is greater. Id. 

Tenants can also sue for actual damages, punitive damages, and injunctive relief for harassment or retaliation.  East Palo Alto, Cal. Mun. Code §14.02.170.  A prevailing tenant is entitled to their reasonable attorney fees and costs.  East Palo Alto, Cal. Mun. Code §14.04.180 (F)

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 East Palo Alto Rent Stabilization and Just Cause Eviction Ordinance.