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San Diego Passes Limited No-Fault Eviction Moratorium

Over the strong objections of local rental housing providers and the California Apartment Association, the San Diego City Council took the first step toward limiting “no fault” evictions, passing a “no fault” eviction ban on a 5-1 vote (Councilmember Cate was the sole dissenter). The ordinance is expected to take effect 30 days following a second hearing to ratify the ordinance, which is slated for April 18. The new ordinance extends noticing periods and imposes new limits on terminating a tenancy for owner or family member move-ins, removal of a unit from the rental market, and substantial improvements. The original proposal called for an indefinite ban on these tenancy terminations; however, when that proposal failed to advance, Council President Sean Elo Rivera was forced to include a Sept. 30, 2022, sunset date to the ordinance. CAA members and local housing providers spoke out against this ordinance, sending over 2,000 letters to city councilmembers, sending in comments for the public record, and calling in to the meeting to oppose the ordinance. CAA maintains its opposition to the ordinance as both unnecessary and likely illegal -- as noted in CAA’s legal analysis to the city attorney, which points to the ordinance's inconsistency with state law and case law on extending notice requirements. Rental housing providers sent City Council a strong message that San Diego rental housing providers are engaged and will work against any future efforts to limit their ability to provide quality housing to San Diego residents. CAA is eager to hear from rental housing providers about how they are impacted by this new ordinance, which will take effect in mid-May. Share your concerns with Melanie Woods, CAA’s vice president of public affairs for the San Diego region, at mwoods@caanet.org. CAA is hopeful to share the first-hand feedback with the city on the negative effects of this ordinance. CAA will continue advocating on behalf of the rental housing industry and provide more information as updates become available.


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