Oxnard Adopts Rent Control and Just Cause Eviction Ordinances – Effective June 4th
This Tuesday, May 3rd the Oxnard City Council adopted two ordinances: one establishing rent control with an annual rent “cap” of 4% and another instituting just cause eviction requirements and relocation fees equal to two-months’ rent or $5,000, whichever is greater. The ordinances go into effect 30 days after adoption, on June 4, 2022. We encourage members with properties in the City of Oxnard to review the full details of the two ordinances.
Rent Control Ordinance
The rent control ordinance includes, but is not limited to, the following provisions:
Annual Rent Cap: Limits rent increases to one rent increase per 12-month period not to exceed 4%.
Fair Return Petition Process: Provides owners with a Fair Return Petition Process to seek a rent increase beyond the 4% cap. The cost of the petition process is the responsibility of the owner.
Exemption: The ordinance does not apply to residential real property that has a certificate of occupancy issued after February 1, 1995, single family homes where the owner is not a real estate investment trust, as defined in section 856 of the Internal Revenue Code, a corporation, or a limited liability company in which at least one of the members is a corporation and the owner provides the renter with written notice as specified in the ordinance.
In addition, duplexes are also exempt under the following limited circumstance: “a property containing two separate dwellings units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.”
Notice Requirements: Owners must provide written notice to renters including on or before the start of a tenancy, in a form prescribed by the City, relative to the existence and scope of the ordinance and a renter’s right to respond to a fair return petition filed by the owner. There are also specific written notice requirements that must be provided with any notice of a rent increase. Written notices must be provided in the same language as the lease. Where there is no written lease, the written notice must be provided in the language that the owner and renter used to negotiate the terms of the lease. Notices required at the beginning of tenancy and for rent increases will be available on the Apartment Association of Greater Los Angeles’ website very soon.
Violations: Subject to civil citations prior to prosecution as a misdemeanor, civil action, and related damages.
Expiration: December 31, 2030
“Just Cause” Eviction Regulations Ordinance
The “just cause” eviction ordnance includes, but is not limited to, the following provisions:
Just Cause Eviction Requirements: After a renter has continuously and lawfully occupied a residential real property for thirty (30) days, the renter cannot be evicted without “just cause”, based on one of the grounds listed in the ordinance, such as due to non-payment of rent or nuisance.
Relocation Fees: where a renter is evicted for “no-fault” reasons (e.g., owner move-in, substantial remodel, etc.), the owner must pay the renter relocation fees equal to “two months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy, or $5,000, whichever is greater.” The relocation fee is to be paid within 15 calendar days of service of notice.
Exemptions: the ordinance provides for limited exemptions including “single-family Owner-occupied residences, including a residence in which the Owner-occupant rents or leases no more than two bedrooms” and a duplex where the “Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy.”
Notice Requirements: There are several notice requirements including written notice informing renters of the existence of the ordinance and written notices of a tenancy termination. There are also specific written notice requirements that must be provided with any three (3) day notices, including three (3) day notices to “perform or quit.” This new, City of Oxnard specific three (3) day notice form is available on the Apartment Association’s website.
Posting Requirements: Owners are required to post signs in a conspicuous location on the property regarding the existence of the ordinance, including protections related to immigration or citizenship status of the renter found under California Civil Code section 1940.35 and California Code of Civil Procedure section 1161.4. The notice must be posted in English, Purépecha, Mixteco, Otomi, Tagalong, Zapoteco, Nahuati, and Spanish.
Violations: Civil citations prior to prosecution as a misdemeanor. Willful failure to comply with relocation payment obligations subject to treble damages.
Expiration: December 31, 2030
This article is for informational purposes only. If you have any questions regarding your property or specific tenancies and the requirements of any local law changes described herein, please consult with an attorney.