Landlords Get Ready: San Diego Residential Tenant Protection Ordinance Will Exceed AB 1482 Requirements

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More than 3 years ago, the State legislature adopted the Tenant Protection Act of 2019, commonly referred to as Assembly Bill (“AB”) 1482, which – among other things – generally prohibits landlords from terminating residential tenancies in the absence of “just cause.”[1] While AB 1482 created strong tenant protections, those protections were not applicable in the City of San Diego due to the City’s own “just cause” eviction ordinance. The City ordinance, which was adopted in 2004, was considerably weaker than AB 1482, but nevertheless took precedent over the State statute.[2] All this is about to change, however. The City is presently poised to adopt the “Residential Tenant Protections Ordinance to Prevent Displacement and Homelessness”[3] (“SD Tenant Protection Ordinance”).

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FOOTNOTES

[1] A prior article on AB 1482 can be found here.

[2] AB 1482 does not apply where a local just cause eviction ordinance was in effect as of September 1, 2019. (Civil Code Section 1946.2(g)(1)(A).)

[3] Prior to becoming effective, the SD Tenant Protective Ordinance will be subject to a second City Council vote, which is anticipated to occur on May 16, 2023.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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