Long Beach City Council Adopts Urgency Ordinance, Effective February 18th, Requiring Issuance of Per

Industry News,

On Tuesday, February 18th, the Long Beach City Council adopted an urgency ordinance voiding all pending Notices to Vacate for Substantial Remodel issued between January 1, 2020 and February 17, 2020.  As of the February 18th, the effective date of the ordinance, the ordinance requires owners to: (1) obtain all necessary permits from all applicable governmental agencies before serving any renter with a Notice to Vacate for Substantial Remodel per A.B. 1482, (2) include a copy of all issued permits with the Notice, and (3) include reasonably detailed information about planned substantial remodeling work and why such work cannot be completed within 30-days while a renter remains in the unit. This means that if an owner has issued a Notice to Vacate for Substantial Remodel between January 1st and February 17th, that Notice is now void, and the owner would have to reissue a notice in compliance with the new requirements set forth in the ordinance.

Assembly Bill 1482, the statewide rent control and renter protection law, allows owners to evict for a “no-fault” just-cause if the owner intends to substantially remodel a rental unit. A “no-fault” eviction is not based on any actions of the renter, but rather due to the owner’s actions or desire to have the renter vacate. Additionally, Assembly Bill 1482 defines Substantial Remodel as “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 safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 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 substantial rehabilitation.”

If you have any questions related to the ordinance’s impact on your property or specific tenancies, please consult with an attorney.

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