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Councilmember Sean Elo-Rivera (District 9)

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Housing & Tenant Protections

 

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UPDATE: The Tenant Protection Ordinance was signed into law by Mayor Gloria on May 25th, 2023. The ordinance will go into effect on June 24th, 2023. The final language of the ordinance can be found HERE. 

Tenants have a right to live in their home without fear of displacement if they are abiding by their lease terms. Strengthening tenant protections is a critical step the City can take to address San Diego’s housing and homelessness crises. Reducing evictions, especially “no-fault” evictions, can help reduce the number of residents falling into homelessness, as well as prevent the negative and lifelong impacts from a lease termination. 

The Problem 

Evictions in San Diego are increasing and are currently at a five-year high, which correlates with an increase in homelessness. In 2019, California Assembly Bill 1482 strengthened eviction protections statewide, but the bill does not apply in San Diego because of a provision that limits its applicability to jurisdictions without just-cause ordinances. The City of San Diego's Tenants’ Right to Know Ordinance, adopted in 2004, provides fewer protections than AB 1482 and has resulted in San Diegans being more vulnerable to unnecessary evictions. 

The Solution 

Mayor Todd Gloria and Council President Sean Elo-Rivera have proposed a new tenant protection law to bring San Diego up to the standards set by AB 1482. In a few key areas, the proposed protections go above and beyond Statewide standards, including: 

  • Protections apply on Day 1 of a lease, with a narrow exemption for short term leases. 
  • Financial assistance when a tenants' lease is terminated through no fault of their own. Currently, no financial assistance is required. 
  • Accountability measures to make sure bad actors can’t get away with violating these protections. 

The Proposal

In addition to San Diego meeting Statewide standards, Mayor Gloria and Council President Elo-Rivera are proposing additional protections, including:

1. Offers protections beginning on day one of tenancy (with exemptions for fixed term leases of three months or less);

2. If evicted through no fault of your own, you are entitled to 2 months' rent relocation assistance or 3 months' rent if you are a senior or a person with disabilities.

3. Strengthens protections for when a substantial remodel can and can’t be used for a no-fault termination;

4. Ensures tenants have more noticing when substantial renovations will happen;

5. Requires education and resources for tenants provided at move-in by the City;

6. Provides tenants more options for temporary relocation;

7. Provides accountability measures allowing attorney fees, exemplary damages, and a process for buyout agreements, creating additional legal resources for tenants.

Additional Information

Where can I read the final language for the ordinance? 

Read the final language HERE

Who can I contact for more information? 

Maya Rosas, Deputy Chief of Staff & Director of Strategic Initiatives

Office of Council President Sean Elo-Rivera

Email: SeanEloRivera@sandiego.gov   

RESOURCES

City of San Diego Residential Tenant Protections

The City of San Diego (City) provides protections for residential tenants facing potential eviction. These protections include help to relocate to a different residence if a tenant is evicted, in certain circumstances. Strong protections for residential renters are intended to help prevent homelessness and to promote housing and neighborhood stability. City law includes these protections.

For Additional Resources, visit www.sdhc.org/housing-opportunities/tenant-protections