CHAPTER 4
RESIDENTIAL TENANT PROTECTIONS
SECTION:
5-4-100: Adoption of Civil Code Section 1946.2 by Reference Related to Terminations of Tenancy
5-4-101: Purpose of Chapter and Relationship to the Tenant Protection Act
5-4-102: Applicability of Chapter
5-4-103: “Just Cause” Required for “No-Fault” Evictions
5-4-104: Relocation Assistance Required for “No-Fault” Evictions
5-4-105: Retaliation Prohibited
5-4-100: ADOPTION OF CIVIL CODE SECTION 1946.2 BY REFERENCE RELATED TO TERMINATIONS OF TENANCY:
This chapter adopts and incorporates by reference California Civil Code Section 1946.2 in this Code in its entirety, as modified herein, and as such statute may be amended from time to time, except for any provisions that directly conflict with this chapter. [Added by Ord. No. 23-3,999, eff. 9/12/23; amended by Ord. No. 24-4,014, eff. 8/30/24.]
5-4-101: PURPOSE OF CHAPTER AND RELATIONSHIP TO THE TENANT PROTECTION ACT:
This chapter is consistent with the Tenant Protection Action of 2019, Assembly Bill 1482 (2019-2020), which is generally codified in Sections 1946.2, 1947.12, and 1947.13 to the California Civil Code, as amended by Senate Bill 567 (2023-2024) (“Tenant Protection Act”). It is the City’s intent that its residential tenants be afforded the strongest protections available under the law. This chapter is more protective than the Tenant Protection Act’s just cause eviction provisions set forth in Section 1946.2 of the California Civil Code.
As authorized by subsection (i) of Section 1946.2, this chapter provides for higher relocation assistance amounts for all “no-fault just cause” evictions and additional tenant protections relating to anti-retaliation. In all other respects, this chapter is identical to Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute.
If any other governmental entity (including without limitation, the United States Government, the State of California, and the County of Los Angeles) adopts stronger tenant protections that apply to residential tenants in the City of Burbank, then the stronger tenant protections shall prevail, and the City shall not enforce conflicting tenant protections in this chapter. [Added by Ord. No. 23-3,999, eff. 9/12/23; amended by Ord. No. 24-4,014, eff. 8/30/24.]
5-4-102: APPLICABILITY OF CHAPTER:
The tenant protections in this chapter apply to tenants and owners of real property that are subject to the Tenant Protection Act’s just cause eviction provisions set forth in Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute. [Added by Ord. No. 23-3,999, eff. 9/12/23; amended by Ord. No. 24-4,014, eff. 8/30/24.]
5-4-103: “JUST CAUSE” REQUIRED FOR “NO-FAULT” EVICTIONS:
A. Tenant Protection Act Requirements. An owner of residential real property shall not terminate a tenancy through “no-fault” of the tenant that is subject to this chapter without just cause (as defined in subsection (b)(2) of Section 1946.2 of the California Civil Code), which shall be stated in the written notice to terminate tenancy, unless the termination of the tenancy fully complies with the Tenant Protection Act’s just cause eviction provisions set forth in Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute.
B. Failure to Comply. An owner’s failure to strictly comply with this section shall render a notice of termination of a tenancy void and shall be an affirmative defense to an unlawful detainer action. In addition to any other remedy authorized by this Code, the City Attorney’s Office may seek injunctive relief based on violations of this section. [Added by Ord. No. 23-3,999, eff. 9/12/23; amended by Ord. No. 24-4,014, eff. 8/30/24.]
5-4-104: RELOCATION ASSISTANCE REQUIRED FOR “NO-FAULT” EVICTIONS:
A. Relocation Assistance. If an owner of residential real property issues a termination notice based on a “no-fault just cause” (as defined in subsection (b)(2) of Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute), the owner shall provide relocation assistance in accordance with the Tenant Protection Act’s just cause eviction provisions set forth in subsection (d) of Section 1946.2 of the California Civil Code, as amended from time to time or replaced by a successor statute, provided however, the relocation assistance shall be increased to an amount no less than three (3) months of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy.
B. Failure to Comply. An owner’s failure to strictly comply with this section shall render the notice of termination void and shall be an affirmative defense to an unlawful detainer action. In addition to any other remedy authorized by this Code, the City Attorney’s Office may seek injunctive relief based on violations of this section. [Added by Ord. No. 23-3,999, eff. 9/12/23; amended by Ord. No. 24-4,014, eff. 8/30/24.]
5-4-105: RETALIATION PROHIBITED:
No owner may threaten to bring, or bring, an action to recover possession, cause the tenant to quit a rental unit involuntarily, serve any notice to quit or notice of termination of tenancy, decrease any services or increase the rent where the owner’s intent is to retaliate against the tenant for the tenant’s assertion or exercise of rights under this chapter or under state or federal law; for the tenant’s request or demand for, or participation in mediation or arbitration under any public or private mediation program; or for the tenant’s participation in litigation. Such retaliation shall be a defense to an action to recover possession of the rental unit, or it may serve as the basis for an affirmative action by the tenant for actual and punitive damages and/or injunctive relief. Additionally, such retaliation shall be punishable as administrative citations pursuant to Burbank Municipal Code section 1-1-108.1. [Added by Ord. No. 24-4,014, eff. 8/30/24.]