O
n November 8, 2016, voters in the Bay Area expanded the reach of rent and eviction control throughout the greater Bay Area. On December 30, 2016, the Richmond “Fair Rent, Just Cause for Eviction and Homeowner Protection Ordinance” went into effect, rolling back rents to July 21, 2015, and requiring “just cause” for most evictions in the city.
Which Units are Covered by the Richmond Ordinance?
As in other cities, there are two aspects to the ordinance: eviction control and rent control. Eviction control effectively applies to any property rented for residential use, except for units rented within the owner’s own residence, and “second dwelling” units. “Second dwelling” units are a type of unit which are added to, or derived from, preexisting construction, sometimes called “in-law” units. Rent control generally covers the same units as are covered by eviction control, with the added exemption of single family homes, per State law. It is noteworthy that “second dwelling units” are only exempt from eviction and rent control if the owner resides in the “primary” structure.
PHOTO: BILL WILLIAMS, CC BY 2.0
What Types of Evictions are Allowed in Richmond?
Richmond now has many of the same “just causes” for eviction that exist in Berkeley and Oakland. Below are the causes, and their noteworthy differences: Nonpayment of rent: No special requirements. Breach of Lease: This most closely resembles Berkeley, in that changes to terms of tenancy are unenforceable against the tenant unless the tenant previously agreed to them. Richmond is more permissive for subletting to family members, and prohibits denying sublessees on the basis of their creditworthiness, if the sublessee would not pay rent directly to the rental property owner. Nuisance: As in Berkeley and Oakland, Richmond requires a written warning before terminating for nuisance. Richmond does not define exactly what a “nuisance” is, but a nuisance caused by a third party can be attributed to a tenant if the tenant “expressly permitted” the nuisance. Failure to Give Access: Richmond goes further than Berkeley and Oakland, preventing eviction if the tenant had “good cause” to refuse access, or if the access request was unreasonable. However, showing the property to prospective buyers and inspections by the City of Richmond remain permitted grounds for access. The Richmond ordinance directs the Rent Board to create regulations for the process of rental property owners entering units for repairs, which are regulations that neither Berkeley nor Oakland have. Richmond also prohibits use of “lock boxes” on occupied units, without defining what a “lock box” is, although it presumably refers to the removable security lock commonly used by realtors. Temporary Vacancy for Substantial Repairs: Richmond is very similar to Berkeley in its requirement for offering a replacement unit to the tenant, if available, and a mandatory minimum 30-day notice for repairs that can be completed in less than 60 days. However, unlike Oakland, Richmond does not require rent board permission if the repairs continue for more than 60 days, and does not set forth any other special notice requirements or instructions in that case. Owner/Relative Move-In: Richmond combines elements from Oakland and Berkeley in regulating owner and relative move-ins (OMI). As in Oakland, qualified relatives include the rental property owner’s spouse, children, parents, or grandparents. Similar to Berkeley, Richmond requires that the owner have at least 50% ownership in the property, and creates a protected class of tenants who are over 62 years old, disabled, ebrha.com
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JANUARY 2017
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RENTAL HOUSING 17