Eviction Moratorium & Rent Cap Guidance

On January 30, 2024, the County Board of Supervisors passed a Temporary Eviction Moratorium and Rent Cap Ordinance in response to flooding. It went into effect immediately in affected zip codes and will remain in effect for 60 days. Housing providers may not terminate tenancy or evict tenants who they know or should know have experienced an Economic Loss as a result of flooding without Just Cause, which is defined as an imminent health and safety threat. Rent increases in the affected areas will be limited to no more than 5.3%. SCRHA has created the guidance below for members to assist with compliance. Please note that SCRHA is still seeking clarification on definitions and other specific requirements. The page will be updated as more information and clarity are made available.  

Read on for the specific areas impacted as not all properties in the County are subject to the ordinance. Please note that the definitions and other specifics listed below (non-italicized portions) are as written in the ordinance, which can be accessed by clicking on the title below. 

AN URGENCY ORDINANCE TO PROHIBIT Residential Evictions Without Just Cause AND TO ENACT A DELAY ON CERTAIN RESIDENTIAL RENT INCREASES  (Ordinance No. 10887)

Key Definitions

"Change in CPI" means the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the San Diego area, as published by the United States Bureau of Labor Statistics.

*SCRHA note: The Bureau of Labor Statistics does not provide April reports for San Diego. SCRHA pointed out this error, but no edits were made by the Board of Supervisors. San Diego adheres to March reports. The Rent Cap will be 5.3% for affected properties.

“Economic Loss” means reduced income, increased expenses, or other personal economic consequences directly or indirectly caused by the Flood, including, but not limited to, lost work hours, damage to a Tenant’s property or to a Tenant’s Residential Unit, or a need to relocate because of damage to a Tenant’s Residential Unit or building. Economic Loss includes any loss caused by a Landlord in the course of improperly evicting or requiring the relocation of a Tenant.

*SCRHA note: Unfortunately, there is no requirement for a tenant to communicate an economic loss a landlord may not be aware of, such as job loss or lost work hours. It is strongly recommended that you communicate with all your affected residents.

“Flood Affected Area” refers only to areas that have been particularly devastated by the Flood. Specifically, the Flood Affected Area is limited to the following areas: All Residential Units located in the geographic boundaries of the following United States Postal (ZIP) Codes: 92113 (San Diego), 91977 (Spring Valley), 91950 (National City), 92114 (San Diego), 92102 (San Diego), 92115 (San Diego), 91945 (Lemon Grove), 92118 (Coronado), and 92104 (San Diego), 92105 (San Diego), and 92111 (San Diego).

“Imminent health or safety threat” exists when an act or omission by a Tenant creates an immediate and serious threat to a person’s health or safety, taking into account (1) any public health or safety risk caused by the eviction, and (2) all other remedies available to the landlord and other occupants of the property, against the nature and degree of health and safety risk posed by the tenant’s activity. Acts or omissions of a Tenant responsive to the Flood (including but not limited to acts or omissions regarding leaving a Residential Unit for flood repairs) shall not constitute an imminent health or safety threat.

*SCRHA note: This definition requires a housing provider to weigh any risk that may result from a tenant’s eviction and to exhaust all options prior to evicting or terminating tenancy.

Important: For the ordinance to apply, a Residential Unit must be in a Flood Affected Area and the term “Tenant” only applies to a resident of a Flood Affected Area. See the ordinance for a full list of definitions.

Prohibition of Residential Evictions Without Just Cause

 “Just cause” requires a showing that there is an imminent health or safety threat, as defined above.

(This section does not apply to any eviction where a fully legally compliant notice of eviction has been served or an unlawful detainer action has been filed prior to January 22, 2024.)

In the absence of just cause, no Landlord may lawfully terminate a residential tenancy. Landlords may not:

(1) Serve a notice of termination of tenancy on a Tenant who the Landlord (or any person or combination of persons within the definition of Landlord) knows or reasonably should have known has suffered Economic Loss of any sort caused by the Flood;

(2) File or serve an unlawful detainer lawsuit, ejectment action, or other action on a Tenant who the Landlord (or any person or combination of persons within the definition of Landlord) knows, or reasonably should know, has suffered Economic Loss of any sort caused by the Flood to recover possession of a Residential Unit;

(3) Evict a Tenant or require a Tenant to vacate a residential unit, including by seeking the entry of an eviction judgment or by causing or permitting a writ of possession to be executed, where the Landlord (or any person or combination of persons within the definition of Landlord) knows, or reasonably should know, has suffered Economic Loss of any sort caused by the Flood;

*SCRHA note: Consult with your Unlawful Detainer attorney if you have a case pending or are expecting a Sheriff’s lockout.

(4) Take any other action in reliance on a notice of termination of tenancy that expired or attempt to induce a tenant to vacate based on such a notice where the Landlord (or any person or combination of persons within the definition of Landlord) knows, or reasonably should know, has suffered Economic Loss of any sort caused by the Flood. Any such notice of termination of tenancy served or expiring from January 24, 2024 through the end of this ordinance’s term shall be deemed invalid and insufficient to support an action in unlawful detainer; or

*SCRHA note: This ordinance renders legally served notices null and void for affected properties/tenants if they expire during the moratorium. Once the ordinance expires, housing providers will need to re-serve termination notices. Again, check with your legal counsel prior to taking any action.

(5) Represent to a Tenant who the Landlord (or any person or combination of persons within the definition of Landlord) knows, or reasonably should know, has suffered Economic Loss of any sort caused by the Flood that the Tenant is required to move out of their unit by law.

Important: If a housing provider has Just Cause to evict or terminate tenancy because a tenant is an imminent health and safety threat, they will need to document specifics in the relevant notice. Housing providers should use the appropriate 3-Day Notice or Termination of Tenancy Notice for the jurisdiction in which the property is located. When describing the violation (imminent health & safety threat), include specific facts: the date, place, witnesses, and circumstances concerning the reason for eviction.

Rent Increase for Affected Areas

(a) During the term of this ordinance, no Landlord may increase a Tenant’s rent by any amount greater than the CPI for the previous year.

*SCRHA note: The rent cap for affected properties is 5.3%. Properties exempt from AB 1482/Tenant Protection Act are exempt from this rent cap (see (c) below). However, anti-price gouging rules are in place countywide, limiting rent increases to no more than 10% regardless of exemptions.

(b) Just cause, as defined in Section 3 of this ordinance, does not include a Tenant’s failure to pay any increase in rent made during the term of this ordinance.

(c) A residential real property that is exempt from the rent limits imposed by Civil Code section 1947.12 is exempt from this section.

(d) This section does not apply when a unit lawfully becomes vacant and the Landlord sets the initial rent for a new tenancy for a new Tenant.

*SCRHA note: Anti-price gouging rules also prevent setting initial rents at more than 10% over the last rental amount charged. Check with your legal counsel about the limited exemptions to Penal Code 396.

(e) This section does not apply to any rent increase from taking effect for which notice was lawfully provided to a Tenant prior to January 22, 2024.

Term of the Ordinance

This ordinance shall remain effective for 60 days after its effective date. However, any action by a Landlord during the term of this ordinance in violation of this ordinance’s provisions shall continue to be unlawful and subject to this ordinance’s provisions after the ordinance’s expiration.

*SCRHA note: This ordinance passed as an urgency measure and therefore went into effect immediately on January 30, 2024. It will remain effective for 60 days after its effective date. Out of an abundance of caution, SCRHA is advising the end date of the ordinance to be March 31, 2024. SCRHA will monitor and oppose any attempts to extend the ordinance in its current form.