It is found and declared that there is an increasing demand for rental housing in the city of Glendale which has resulted in a critically low vacancy factor. In addition, an increasing number of residential rental housing units have substandard living conditions and reduced services. Tenants who have complained about substandard living conditions and/or a reduction in services have been threatened with eviction, and oftentimes have been evicted. Other tenants are fearful of eviction and, as a result, fail to complain about substandard living conditions. This circumstance is disruptive to a stable living environment and has a detrimental effect on the substantial numbers of renters in the city, particularly senior citizens, those with low or moderate incomes and persons on fixed incomes.

It is further found and declared that in order to protect the health, safety and welfare of the citizens of Glendale and to ensure that all residents of the city have a safe, habitable, well-maintained and stable housing environment, without the fear of reprisal, the city council enacts this chapter, and encourages property owners to provide well-maintained living units and discourage retaliatory evictions. It is vitally important that landlords provide for the care, upkeep and maintenance of residential rental units so that they meet and continue to meet minimum housing standards, particularly for those members of the community on limited or fixed incomes who are least able to protect themselves from retaliation, are least able to find replacement housing and who will accept substandard conditions due to the fear of termination of their tenancy. (Ord. 5326 (part), 2002)

Unless the context otherwise requires, the terms defined in this chapter shall have the following meanings and govern the construction of this chapter.

"Eviction" means any action taken by the landlord to remove a tenant involuntarily from a rental unit and terminate the tenancy, whether pursuant to a notice to quit, or by judicial proceedings, or otherwise.

"Landlord" means any person, partnership, corporation, family trust or other business entity offering for rent or lease any residential property in this city.

"Rental complex" means one or more buildings used in whole or in part for residential purposes, located on a single lot, contiguous lots, or lots separated only by a street or alley.

"Rental unit" means a dwelling unit available for rent in the city of Glendale together with the land and appurtenant buildings thereto and all housing services, privileges and facilities provided in connection with the use or occupancy thereof, which unit is located in the structure or complex containing a multiple dwelling, boarding house or lodging house.

The term "rental unit" shall not include the following: rooms or accommodations in hotels, boarding houses or lodging houses which are rented to transient guests for a period of less than sixty (60) days; housing accommodations in a hospital, convent, monastery, church, religious facility, extended care facility, asylum, non-profit home for the aged; dormitories owned and operated by an institution of higher education, or a high school or elementary school; rental units located on a parcel containing two or fewer dwelling units; rental units owned or operated by any government agency or whose rent is subsidized by any government agency, including but not limited to Section 8 housing subsidies; rental units that require intake, case management or counseling as part of the occupation, and an occupancy agreement; or when the landlord complies with Section 9.30.032 of this chapter.

"Tenant" means a person entitled by a written or oral agreement or by sufferance to occupy a rental unit to the exclusion of others, and actually occupy said rental unit. (Ord. 5340 § 1, 2003: Ord. 5326 (part), 2002)

Notwithstanding California Civil Code Section 1946, a landlord may bring an action to recover possession of a rental unit as defined herein only upon one of the following grounds:

A. The tenant has failed to pay the rent to which the landlord is entitled.

B. The tenant has violated a lawful obligation or covenant of the tenancy and has failed to cure such violation after having received written notice thereof from the landlord, other than a violation based on:

1. The obligation to surrender possession upon proper notice; or

2. The obligation to limit occupancy when the additional tenant who joins the occupants is a dependent child who joins the existing tenancy of a tenant of record or the sole additional adult tenant. The landlord, has the right to approve or disapprove the prospective additional tenant, who is not a minor dependent child, provided that the approval is not unreasonably withheld.

C. The tenant is permitting to exist a nuisance in, or is causing damage to, the rental unit, or the appurtenances thereof, or to the common areas of the rental complex, or creating an unreasonable interference with the comfort, safety or enjoyment of any other residents of the rental complex within a one thousand (1,000) foot radius extended from the boundary line of the rental complex.

The term "nuisance" as used herein includes, but is not limited to, any gang-related crime, any documented activity commonly associated with illegal drug dealing, including complaints of noise, steady traffic day and night to a particular unit, barricaded units, sighting of weapons, drug loitering as defined in California Health and Safety Code Section 11532, or other drug related circumstances brought to the attention of the landlord by other tenants, persons within the community, law enforcement agencies or prosecutorial agencies. For purposes of this subdivision, gang-related crime is any crime in which the perpetrator is a known member of a gang, or any crime motivated by gang membership in which the victim or intended victim of the crime is a known member of a gang.

D. The tenant is using, or permitting a rental unit, the common areas of the rental unit or rental complex containing the rental unit, or an area within a one thousand (1,000) foot radius from the boundary line of the rental complex, to be used for any illegal purpose.

The term "illegal purpose" as used herein, includes, but is not limited to violations of the provisions of Division 10 through 10.7 of the California Health and Safety Code.

E. A person in possession of the rental unit at the end of a lease term is a sub-tenant not approved by the landlord.

F. The tenant has refused the landlord reasonable access to the unit for the purposes of making repairs or improvements, or for any reasonable purpose as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee.

G. The landlord seeks in good faith to recover possession so as to:

1. Demolish the rental unit; or

2. Perform work on the building or buildings housing the rental unit or units; and:

a. Such work costs not less than the product of eight (8) times the amount of the monthly rent times the number of rental units upon which such work is performed. For purposes of this section, the monthly rent shall be the average of the preceding twelve (12) month period; and

b. The work necessitates the eviction of the tenant because such work will render the rentable unit uninhabitable for a period of not less than thirty (30) calendar days, except that if the landlord seeks to recover possession for the purposes of converting the rental unit into a condominium, cooperative or community apartment, the landlord must comply with the notice requirements of Government Code Section 66427.1.

H. The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by:

1. A resident manager, provided that no alternative vacant unit is available for occupancy by a resident manager; except that where a building has an existing resident manager, the owner may only evict the existing resident manager in order to replace him or her with a new manager.

2. The landlord or the landlord's spouse, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, children, or parents provided the landlord is a natural person. However, a landlord may use this ground to recover possession for use and occupancy by the landlord, landlord's spouse, child, parent, in laws or grandparents only once for that person in each rental complex of the landlord.

3. Tenants that require an occupancy agreement and intake, case management or counseling as part of the tenancy.

I. The landlord seeks in good faith to recover possession in order to remove the rental unit permanently from rental housing use pursuant to state law.

J. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a government agency's order to vacate, or any other order that necessitates the vacating of the building, housing or rental unit as a result of a violation of this code or the Glendale building and safety code, or any other provision of law. (Ord. 5340 § 2, 2003: Ord. 5326 (part), 2002)

K. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a contractual agreement relating to the qualifications of tenancy with a governmental entity, where the ten ant is no longer qualified. (Ord. 5383 (part), 2004: Ord. 5340 § 2, 2003: Ord. 5326 (part), 2002)

A. Offering One (1)-Year Written Lease. A rental unit shall be exempt from this chapter, if a landlord, willing to rent a rental unit to a tenant or prospective tenant, offers in good faith in writing to the tenant or prospective tenant a written lease which has a minimum term of one (1) year, and:

1. The tenant or prospective tenant accepts in writing the offer of a written lease which has a minimum term of one (1) year. Signing the lease will be considered an acceptance; or

2. The tenant or prospective tenant rejects the offer for a written lease either in writing, or by his or her failure to accept the offer of the lease within thirty (30) days of the offer, provided that a lease with a term of one year has been offered to the tenant. The landlord and tenant or prospective tenant may then enter into a written rental agreement that provides for rental terms substantially similar to the lease which has a minimum term of one (1) year, but for a period of less than one (1) year. Every written rental agreement shall contain the following notice, in at least eight (8) point bold face type and circumscribed by a box, immediately above the space for tenant's signature: "This rental unit is exempt from Chapter 9.30 of the Glendale Municipal Code, Just Cause Eviction, because of the landlord's offer of a written lease which has a term of one (1) year."

3. In the event of an existing tenant, the terms of the written lease shall be substantially similar to the then existing rental terms.

B. Rent. If the landlord and tenant enter into a written lease which has a minimum term of one (1) year, such lease must set the rent for the rental unit at a rate or rates certain and these rates shall not be otherwise modified during the term of such lease, unless agreed upon by mutual written agreement.

C. Renewal of Leases. If the landlord wishes to continue the landlord/tenant relationship, then at least ninety (90) days prior to the expiration of the written lease, the landlord shall notify those tenants identified in the lease or in a separate writing provided to the landlord of such expiration and offer in good faith in writing to the tenants a written lease which has a minimum term of one (1) year. Within thirty (30) days of receipt of such written offer, tenant shall either notify landlord in writing of his/her acceptance of the offer of a written lease, as set forth in sub-section (A)(l) of this section or reject the offer. If tenant rejects the offer of a written lease which has a minimum term of one (1) year, the landlord and tenant may then enter into an agreement, oral or written, that provides for a rental term of less than one (1) year, which rental unit shall continue to be an exempt rental unit. If the landlord wishes to continue the landlord/tenant relationship, but without offering a written lease which has a minimum term of one (1) year, then that rental unit shall be subject to the provisions of this chapter.

D. Termination. If the landlord wishes to terminate the rental relationship, then at least ninety (90) days prior to the expiration of the written lease, the landlord shall notify tenant in writing of his/her intent not to renew. Such notice shall be set forth in a writing separate from the lease.

E. Good Faith. The good faith requirement in this section shall mean honestly and without fraud, collusion or deceit. It shall further mean that the written lease is not being utilized as a method of circumventing any of the provisions of this chapter. An example of good faith is when the landlord offers in writing a lease which has a minimum term of one (1) year, that lease is substantially similar to the written rental agreement for a period of less than one (1) year.

F. Notice. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the tenant may give such notice by sending a copy by certified or registered mail addressed to the agent of the landlord to whom the tenant has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally.

G. Nonwaiver. Any waiver or purported waiver by a tenant of rights under this title prior to the time when such rights may be exercised, except a rejection of a one (1) year lease offered in accordance with this section, shall be void as contrary to public policy. (Ord. 5383 (part), 2004: Ord. 5340 § 3, 2003)

A. If the termination of tenancy is based on the grounds set forth in subsections G, H, I or J of Section 9.30.030, then the landlord shall pay a relocation fee in the amount of the product of two (2) times the amount of the fair market rent as established by the U.S. Department of Housing and Urban Development for a rental unit of similar size of that being vacated in Los Angeles County during the year the unit is vacated, plus one thousand dollars ($1,000.00).

B. The fee shall be paid as follows:

1. The entire fee shall be paid to a tenant who is the only tenant in a rental unit; or

2. If a rental unit is occupied by two (2) or more tenants, then each tenant of the unit shall be paid a pro-rata share of the relocation fee.

C. This section shall not apply in any of the following circumstances:

1. The tenant received written notice, prior to entering into a written or oral tenancy agreement, that an application to subdivide the property for condominium, stock cooperative or community apartment purposes was on file with the city or had already been approved, whichever the case may be, and that the existing building would be demolished or relocated in connection with the proposed new subdivision, and the termination of tenancy is based on the grounds set forth in subsections G or I of Section 9.30.030.

2. The tenant received written notice, prior to entering into a written or oral agreement to become a tenant, that an application to convert the building to a condominium, stock cooperative or community apartment project was on file with the city or had already been approved, whichever the case may be, and the termination of tenancy is based on the grounds set forth in subsection G or I of Section 9.30.030.

3. The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by a resident manager, provided that the resident manager is replacing the existing resident manager in the same unit. For the purposes of this exception, a resident manager shall not include the landlord, or the landlord's spouse, children or parents.

4. The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency's order to vacate the building housing the rental unit due to hazardous conditions caused by a natural disaster or act of God.

5. The tenant receives, as part of the eviction, relocation assistance from another government agency, and such amount is equal to or greater than the amount provided for by Section 9.30.035.

D. The landlord shall perform the acts described in this subsection within fifteen (15) days of service of a written notice of termination described in California Civil Code Section 1946; provided, however, the landlord may in its sole discretion, elect to pay the monetary relocation benefits to be paid to a tenant pursuant to this subsection to the landlord's attorney or to an escrow account to be disbursed to the tenant upon certification of vacation of the rental unit. The escrow account shall provide for the payment prior to vacation of all or a portion of the monetary relocation benefits for actual relocation expenses incurred or to be incurred by the tenant prior to vacation, including but not limited to security deposits, moving expense deposits and utility connection charges.

E. The requirement to pay relocation assistance is applicable to all rental units, regardless of whether the rental unit was created or established in violation of any provision of law.

F. Nothing in this subsection relieves the landlord from the obligation to provide relocation assistance pursuant to any other provision of local, state or federal law. If a tenant is entitled to monetary relocation benefits pursuant to any other provision, of local, state or federal law, then such monetary benefits shall operate as a credit against monetary benefits required to be paid to the tenant under this subsection. (Ord. 5383 (part), 2004: Ord. 5340 § 4, 2003)

Prior to or at the same time as the written notice of termination set forth in Civil Code Section 1946, or a three (3) days' notice described in Code of Civil Procedure Sections 1161 and 1161(a), is served on the tenant of the rental unit:

A. The landlord shall serve on the tenant a written notice setting forth the reasons for the termination with specific facts to permit a determination of the date, place and circumstances concerning the reason. This notice shall be given in the manner prescribed by California Code of Civil Procedure Section 1162 and may be combined with a written notice of termination of tenancy or as a separate written notice.

B. The landlord shall serve on the tenant a written notice setting forth tenant's right to relocation assistance as described in subsection A of Section 9.30.035, where the termination of tenancy is based on the grounds set forth in subsections G, H, I or J of Section 9.30.030. (Ord. 5383 (part), 2004: Ord. 5340 § 5, 2003: Ord. 5326 (part), 2002)

In any action by a landlord to recover possession of a rental unit, the tenant may raise as an affirmative defense any violation or noncompliance with the provisions of this chapter. (Ord. 5326 (part), 2002)

A. No landlord 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 landlord'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 including, but not limited to a program mandated by law or offered by the Glendale Apartment Association Landlord Tenant 12/12 Rent Disclosure 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.

B. In an action against the tenant, evidence of the assertion or exercise by the tenant of rights under this chapter or under state or federal law within one hundred eighty (180) days prior to the alleged act of retaliation shall create a rebuttable presumption that the landlord's act was retaliatory. "Presumption" means that the court must find the existence of the facts presumed unless and until its nonexistence is proven by a preponderance of the evidence. A tenant may assert retaliation affirmatively or as a defense to the landlord's action without the presumption regardless of the period of time which has elapsed between the tenant's assertion or exercise of rights under this chapter and the alleged act of retaliation. (Ord. 5340 § 6, 2003: Ord. 5326 (part), 2002)

In addition to the affirmative defense or any other rights of a tenant under law, a violation of the provisions of Section 9.30.060 which deal with retaliatory eviction shall be punishable as an infraction as follows:

1. A fine not exceeding two hundred and fifty dollars ($250.00) for the first violation;

2. A fine not exceeding five hundred dollars ($500.00) for a second violation within one (1) year;

3. Notwithstanding any provision to the contrary, a third violation of Section 9.30.060 in any one (1) year period shall constitute a misdemeanor punishable as set forth under Section 1.20.010A. (Ord. 5383 (part), 2004: Ord. 5340 § 7, 2003: Ord. 5326 (part), 2002)

The requirements of this chapter and the availability of the remedies hereunder shall be applicable to notices to quit or terminate tenancy, which notice(s) were served on or after August 20, 2002. (Ord. 5326 (part), 2002)

If any provision of this chapter is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this chapter which can be given affect without the invalid provisions and therefore the provisions of this chapter are severable. The council declares that it would have enacted each section, paragraph and sentence notwithstanding the invalidity of any other section, paragraph or sentence. (Ord. 5326 (part), 2002)