Santa Ana’s Eviction Ordinance is Unsafe for Everyone

BY MERCEDES SHAFFER

Santa Ana’s Just Cause Eviction Ordinance states that, “Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat…on or off the residential real property, that is directed at any Owner or agent of the Owner or other tenants of the residential real property (is cause for eviction). This at-fault, just cause provision shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at-fault, just cause eviction of a tenant under this provision shall only apply to that tenant who committed the criminal activity described herein.”

In other words, if a tenant commits a crime, you can only evict that tenant, not their family or roommates. Did the city council think things through when they adopted this ordinance? Under these conditions, it would take a tremendous amount of time and resources for a property owner to enforce that the offender does not return to the property to “visit” or live with their family or roommates. This person is, after all, a criminal and does not abide by the rules, so this puts the owner and other residents at risk and makes the residential housing in Santa Ana unsafe for everyone.

Typically, if a resident commits a crime, everyone living in the unit is evicted. So, what if the crime is committed by a minor? Under this rule, does the property manager only evict the minor, and if so, where would the minor live? What if the crime is committed by the “head-of-the-household” and the remainder of the tenants wouldn’t qualify financially to pay the rent on their own? How does this work financially?

There are no stipulations in place to protect the property owner’s safety or financial security. The city council created this law without requiring the remaining tenants to prove that they qualify financially to pay the rent on their own, nor do they have to sign an agreement that they will forbid the criminal from entering their premises. This places the burden on the property owner to assure that the tenant who committed the crime does not return, which could have grave consequences for innocent residents if the evicted tenant is a drug dealer, rapist, gang member, is physically abusive or someone who has threatened to kill a resident, family member, or property manager. Common sense tells you that the criminal is going to return to the property if his or her family, or roommates/friends still live in the building, and they have nothing to lose if they are caught housing the evicted criminal.

One of the city’s stated reasons for adopting this ordinance is that “The City Council finds and determines that regulating the relations between residential landlords and tenants will increase certainty and fairness within the residential market within the city and thereby serve the public peace, health and safety.”

I don’t believe the ordinance achieves its stated purpose. Instead, I think the ordinance makes Santa Ana a safe haven for families and friends of criminals and fosters unsafe communities. It also unfairly takes away the ability of housing providers to run their own business and is likely to drive away investment in Santa Ana. What do you think?

If you think this is unjust, write the Santa Ana city councilmembers and let them know.

If you have questions or comments, I can be reached by phone or text at 714.330.9999, by email at InvestingIn TheOC@gmail.com, or visit my website at www.InvestingInTheOC.com.

About the Author: Mercedes Shaffer is a real estate agent with Pacific Sotheby’s International Realty and specializes in helping clients buy and sell real estate and perform 1031 Exchanges. DRE 02114448.

SPONSORED BY APARTMENT ASSOCIATION OF ORANGE COUNTY ID# 980470

Dear AAOC Members,

Elections have consequences. The ideological composition of a city council or board of supervisors can change entirely based upon the outcome in just one race. A narrow city council or board majority that supports property rights, small business, and the rental-housing industry can very easily be flipped, and suddenly the new majority is ideologically supportive of rent control, just cause eviction, rent boards, or other forms of expanded regulation of our industry.

One of the ways the Apartment Association of Orange County (AAOC) works to prevent the spread of anti-property rights and anti-business policies is through its engagement in the election process. The AAOC Political Action Committee (AAOC PAC) identifies, supports, and promotes elected officials and candidates who share the values of the rental-housing industry, and who are committed to working collaboratively and respectfully with rental housing providers to address issues when they arise.

AAOC members also have an important role to play in this process – as investors in AAOC’s efforts to elect pro-property rights and pro-business candidates to office. While many contribute to the PAC as part of their annual membership renewal, there are many who also make additional contributions during election season. These “above and beyond” contributions provide AAOC with the extra resources needed to impact critical local, county, and state legislative races.

Can AAOC count on you to make an additional, election year contribution today? We need to ensure the election of candidates who will stand strong against calls for rent control, just cause eviction, and other damaging policies. Your generous contribution of $250 or more can help make that possible.

Checks payable to AAOC PAC can be sent to 525 Cabrillo Park Drive, Suite 125, Santa Ana, CA 92701. You can also contribute online at www.AAOC.com.

Thank you for your thoughtful consideration and generous support.

Sincerely, David J. Cordero Executive Director