Tenancy Termination Notices

BACKGROUND

On March 12, 2024, the City Council adopted Ordinance No. 1696 requiring owners to provide a copy of notices required by the Tenant Protection Act of 2019 to the City of Laguna Beach.

OVERVIEW

The ordinance includes the following provisions:

Effective April 12, 2024.
Landlords or property owners must submit a copy of a tenancy termination notice to the City within three days.
These notices will become a publicly searchable record on the City of Laguna Beach's website.

KEY PROVISIONS

1. Submission of Eviction Notices: Property owners and landlords must submit a copy of any notice to terminate tenancy to the City of Laguna Beach within three calendar days of issuing an eviction notice to a tenant. This requirement aims to ensure that the city is informed of all eviction notices, promoting accountability and adherence to legal standards.

2. Consequences for Non-Compliance: Failure to submit the required notice will serve as an affirmative defense in unlawful detainer actions and may result in the City withholding building permit inspections for substantial remodels. This measure is intended to enforce compliance and protect tenant rights.

3. Tenant Access to Information: Tenants can use the Tenancy Termination Notice portal to verify that their property owner or landlord has submitted the necessary eviction notice. This portal provides tenants with the assurance that their eviction process is being monitored for legal compliance.

4. Demolition and Substantial Remodels: Property owners must provide detailed information to tenants regarding any intended demolitions or substantial remodels. This includes the scope of work, estimated duration, and relevant permits or contracts. Such transparency helps tenants understand their rights and the timeline of any significant property changes.

"With this ordinance, we are taking a decisive step toward greater fairness and transparency in our housing practices," said Mayor Sue Kempf. "Our goal is to uphold the rights of tenants while ensuring that property owners adhere to clear and consistent standards. This ordinance reflects our commitment to creating a balanced and just community for all Laguna Beach residents."

"This ordinance adds important safeguards protecting the rights of tenants and ensuring transparency in the eviction process," said Councilmember Bob Whalen, who spearheaded the effort. "By requiring timely submission of eviction notices and providing tenants with access to critical information, we are fostering a more equitable and accountable housing environment in Laguna Beach. Our community deserves to be informed and supported, and this ordinance is a crucial step in that direction."

LEGISLATION

The City's ordinance supplements the provisions Assembly Bill (AB) 1482 - the Tenant Protection Act of 2019 - and Senate Bill (SB) 567 - the Homeless Prevention Act of 2023.

UPCOMING COMMUNITY WORKSHOP ON ORDINANCE

An upcoming community workshop will be held in-person on Tuesday, June 18, 2024, to provide an overview of the new ordinance with the community.

If you're going:

What: Community Workshop on Tenancy Termination Ordinance

When: Tuesday, June 18, 2024, from 3:00 p.m. to 4:00 p.m.

Where: City Council Chambers - 505 Forest Avenue, Laguna Beach

For more information on the Ordinance, please contact Jennifer Savage, Housing Program Coordinator, at (949) 715-1141 or jsavage@lagunabeachcity.net.

FAQs

Did the City of Laguna Beach adopt local tenant protection requirements?

No, the City did not adopt local tenant protection laws. The State of California laws govern tenant evictions and rent rates in the City of Laguna Beach.
How do tenants know that an owner actually intends to demolish or substantially remodel a unit?
Tenants should look for specific language and copies of permits.

Owners are required to provide written notice to tenants informing them of the:
- Intent to demolish or substantially remodel the property;
- A description of the substantial rehabilitation to be completed;
- Approximate estimated duration of the substantial rehabilitation or the expected date the property is to be demolished; and,
- Copy of the building permit or permits required to undertake the substantial remodel or demolition; or if permits are not required, a copy of the contract to complete the work.
For these purposes, “substantial remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 consecutive days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as a substantial model.
What did the City of Laguna Beach adopt locally?

On March 12, 2024, the Laguna Beach City Council adopted an Ordinance requiring notice and reporting requirements for tenant evictions (Ordinance No. 1696) for demolitions and substantial remodels to supplement noticing requirements in Assembly Bill 1482 and Senate Bill 567.
What does the Laguna Beach Ordinance do for tenants?

Tenants may use the Look Up Notices to check that their property owner or landlord submitted the required notice to the City of Laguna Beach.

Failure to submit the notice to the City shall be an affirmative defense to a cause of action for unlawful detainer.
What does the Laguna Beach Ordinance require property owners and landlords to do?

Effective April 12, 2024, property owners or landlords must submit a copy of any notice to terminate tenancy due to demolition or substantial remodel to the City of Laguna Beach within 3 calendar days after giving an eviction notice to a tenant.
What happens if landlords/property owners do not submit the copy of the notice to the City?
Failure to submit the notice to the City shall:
- Be an affirmative defense to a cause of action for unlawful detainer.
- Result in the City withholding building permit inspections for substantial remodels.
Where can I find legal assistance?
Legal assistance may be available through:
- Community Legal Aid So Cal
  Advocates for Justice in Orange and Los Angeles Counties
  
  https://www.communitylegalsocal.org/
  
  Call toll-free at 800-834-5001 or locally at 714-571-5200
- Seaside Legal Services
Orange County nonprofit public interest law firm that provides professional legal help free of charge to people who cannot afford counsel

http://www.seasidelegalservices.org/

949-494-9411
- Public Law Center
The Public Law Center is a nonprofit law firm providing free legal services to low-income residents in Orange County.

https://www.publiclawcenter.org/

714-541-1010
- Fair Housing Council of Orange County
Services provided by the Fair Housing Council of Orange County include fair housing enforcement and education, landlord/tenant counseling, mediation and homebuyer HUD counseling which includes first-time homebuyer education and mortgage default counseling.

Services are available to low-to-moderate income clients free-of-charge and to others for a moderate donation. Services are available in English, Spanish and Vietnamese.

phone: 714/569-0823 or 800/698-FAIR
fax: 714/835-0281
info@fairhousingoc.org
Where do I find more information on the State of California laws for evictions and rent rates?
More information is available at the following resources:
- Consumer Alert from the California Office of the Attorney General
- The California Office of the Attorney General’s webpage for Landlord-Tenant Issues
- Tenant Protections website
Where do landlords/property owners submit the copy of the notice of tenancy termination?

Landlords and/or property owners may submit a copy of the Notice of Tenancy Termination to using the Submit Notice button.

More FAQs

June 18, 2024 Workshop Materials

Laguna Beach, CA

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