Santa Barbara City Zoning Code
Title 26
Housing Regulations
§ 26.04.010 Mobilehome and Recreational Vehicle Parks - Residents' Rights.
All tenancies in any mobilehome or permanent recreational vehicle park (as defined in Title 28) within the City of Santa Barbara existing on the effective date of the ordinance adopting this section or created thereafter shall be protected by the provisions of Chapter 2.5 (Sections 798 through 799.6) of the California Civil Code regardless of whether said park is registered with the State of California as a "mobilehome park" or a "recreational vehicle park."
(Ord. 4269, 1984)
§ 26.20.010 Findings and Purposes.
The City Council finds and determines that, in order to effectively study the number of notices to quit which are given to tenants in the City of Santa Barbara, it is necessary that landlords who issue a notice to quit to a tenant send a report of the notice to quit to the City. The City Council finds that the requirement for such a report would not materially affect a landlord's ability to regain possession of the leased property pursuant to California law.
(Ord. 4244, 1983; Ord. 4291, 1984)
§ 26.20.020 Definitions.
"Landlord and Rental Unit,"
when used in this chapter, shall be construed as defined herein. Other words and phrases used herein shall have the meaning stated elsewhere in this code.
Landlord.
An owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.
Rental Unit.
A residential unit, as defined in Chapter 28.04 or Section 30.300.180 of this code, rented or offered for rent for living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. This term shall include a dwelling unit in a condominium or similar project. The term shall not include:
1.
A dwelling unit on a lot with four or fewer dwelling units, provided one such dwelling unit is occupied by a record owner of the property.
2.
A single-unit residential structure where there is only one such structure on the lot.
3.
Housing accommodations in hotels and boarding houses, provided that at such time as an accommodation has been occupied by one or more of the same tenants for 60 days or more, such accommodation shall become a rental unit subject to the provisions of this chapter.
4.
A dwelling unit in a nonprofit or limited equity stock cooperative while occupied by a share-holder tenant of the stock cooperative.
5.
Housing accommodations in any hospital; state licensed community care facility; convent, monastery, extended medical care facility; asylum; fraternity or sorority house; or housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school for occupancy by its students or teachers.
6.
Housing accommodations which a governmental agency, or authority owns, operates, or manages, or as to which rental or mortgage assistance is paid pursuant to 24 C.F.R. 882 ("HUD Section 8 Federal Rent Subsidy Program") or a similar federal rental assistance program.
7.
Housing accommodations operated by an organization exempt from federal income tax is under Section 501(c)(3) of the Internal Revenue Code provided that the gross income derived therefrom does not constitute unrelated business income as defined in Section 512 of the Internal Revenue Code, or a nonprofit public benefit corporation under California Corporations Code Section 5110 et seq., whose principal purpose is to provide low or moderate income housing.
(Ord. 4244, 1983; Ord. 4291, 1984; Ord. 5459, 2008; Ord. 5798, 2017)
§ 26.20.030 Notices to Quit.
Prior to or at the same time as the written notice of the landlord's intention to terminate the tenancy required by Code of Civil Procedure §1161 is served on the tenant of a rental unit, the landlord shall file with the City Clerk an executed statement in the form provided by resolution of the City Council.
(Ord. 4244, 1983; Ord. 4291, 1984)
§ 26.20.040 Enforcement.
In any action by a landlord to recover possession of a rental unit, the tenant may raise as an affirmative defense any failure by the landlord to comply with the requirements of Section 26.20.030.
The affirmative defense provided for by this section shall be null and void upon the execution and filing with the City Clerk of a Rental Housing Data Collection Form regarding the unit which is the subject of the action.
(Ord. 4244, 1983; Ord. 4291, 1984)
§ 26.30.010 Findings and Purpose.
The City Council finds and declares that:
A.
Arbitrary discrimination in rental housing exists in the city.
B.
The existence of such discrimination poses a substantial threat to the public health and welfare of a large segment of the community.
C.
Such discrimination cuts across all racial, ethnic, and economic lines, but falls most heavily on minority and single-parent families with children.
D.
It is consistent with the Housing Element of the General Plan to promote and ensure open and free choice of housing without discrimination.
E.
Because housing is a fundamental necessity of life, it is against the public policy of the city to discriminate in rental housing on any arbitrary basis.
(Ord. 4268, 1984; Ord. 4446, 1987)
§ 26.30.020 Definitions.
For the purposes of this chapter, certain terms are defined as follows:
Bedroom.
As defined in Chapter 28.04 of this code.
Infant.
A child less than one year of age.
Landlord.
An owner, lessor, or sublessor (including any person, firm, corporation, partnership, association, trust, estate or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the authorized agent, representative or successor of any of the foregoing.
Minor Child.
A natural person under the age of 16 years.
Person.
An individual, firm, partnership, joint venture, association, corporation, estate or trust.
Rental Unit.
A dwelling unit, as defined in Chapter 28.04 of this code, rented or offered for rent for living or dwelling purposes, the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. This term shall include a dwelling unit in a condominium or similar project.
Senior Adult.
A person 62 years of age or older.
Source of Income.
For purposes of this part, "source of income" is as defined under FEHA.
Unruh Act.
The Unruh Civil Rights Act, California Civil Code Sections 51 et seq., as construed by the California Supreme Court and Courts of Appeal.
FEHA.
The California Fair Employment and Housing Act, California Government Code Section 12900-12996, as construed by the California Supreme Court and Courts of Appeal.
(Ord. 4268, 1984; Ord. 4446, 1987; Ord. 5459, 2008; Ord. 5798, 2017; Ord. 5872, 2019)
§ 26.30.030 Prohibited Activities.
It is unlawful for a person to do or attempt to do any of the following acts, where the act constitutes harassment or discrimination on a basis prohibited by the Unruh Act or FEHA, including harassment or discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, pregnancy and childbirth, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (as those terms are defined by the California Fair Employment and Housing Act — Government Code Section 12900-12996), or political affiliation (as defined by California Labor Code Section 1102):
A.
Refuse to rent or lease a rental unit, refuse to negotiate for the rental or lease of a rental unit, or otherwise deny to or withhold from any person or persons a rental unit.
B.
Discriminate against any person in the terms, conditions, or privileges of the rental or lease of a rental unit, or in the provision of services, facilities or benefits in connection therewith. However, nothing in this chapter shall preclude any person from imposing reasonable restrictions on the use of common areas, facilities, and services which are necessary to protect the health and safety of a tenant.
C.
Represent to any person that a rental unit is not available for inspection, rental, or lease when such is, in fact, available.
D.
Make, print, or publish, or cause to be made, printed, or published any notice, statement, sign, advertisement, application, or contract with regard to a rental unit offered by that person that indicates any preference, limitation, or discrimination.
E.
Include in any rental agreement or lease for a rental unit, a clause or condition providing that as a condition of continued tenancy, the tenants shall remain childless or shall not bear children or otherwise not maintain a household with a person of a certain age.
F.
Refuse to rent after making a bona fide offer, or to refuse to negotiate for the rental of, or otherwise make unavailable or deny, rental unit to any person.
G.
Discriminate by means of arbitrary occupancy standards. This subsection shall not prohibit enforcement of an occupancy standard in compliance with Section 26.30.035 of this Code.
H.
Charge additional rent for persons living in a rental unit.
I.
Discriminate by means of arbitrary income restrictions. There is a rebuttable presumption of discrimination where a landlord refuses to rent to a person who can demonstrate by prior rental history or by other means that he or she is able to pay the required rent.
(Ord. 4268, 1984; Ord. 4446, 1987; Ord. 5872, 2019)
§ 26.30.035 Occupancy Standards Permitted; Limitations.
It is unlawful for a person to enforce an occupancy limit unless it satisfies all of the following criteria:
A.
It is uniformly imposed on all comparably-sized rental units on the premises.
B.
It is conspicuously posted on the premises or contained in a written policy, rule or notice which is given to each tenant and prospective tenant.
C.
Minor children are not counted in enforcing the occupancy standard, except that:
1.
No provision of this chapter shall be construed to require a landlord to accept occupancy of a rental unit by more than two persons (including minor children) per bedroom; and
2.
No provision of this chapter shall be construed to authorize occupancies in violation of the floor-area standards of Section 503(b) of the Uniform Housing Code.
D.
It does not apply to infants.
(Ord. 4446, 1987)
§ 26.30.040 Exemptions.
Nothing contained in this chapter shall apply to or be construed to apply to or affect:
A.
Senior facilities.
1.
A housing project or development where the landlord has publicly established and implemented a policy of renting exclusively to senior adults and their spouses. Deviance from or abandonment of that policy shall automatically terminate this exemption and subject the owner to all the provisions of this chapter.
2.
A state-licensed residential care facility for the elderly.
B.
Nursing homes. A state licensed nursing home, convalescent home, or community care facility.
C.
Owner-occupied unit. A rental unit occupied by the owner.
D.
Subleases. A rental unit occupied by a tenant who subleases any portion of that accommodation to another tenant.
E.
Government housing. A rental unit owned, operated or managed by a governmental agency.
(Ord. 4268, 1984; Ord. 4446, 1987)
§ 26.30.050 Penalties/Remedies.
A.
Criminal. A violation of this chapter shall constitute an infraction.
B.
Civil. Any person who violates the provisions of this chapter shall be liable: (1) to each party injured by such violation for actual damages sustained by such person, costs and reasonable attorneys' fees; and (2) for civil penalties pursuant to Section 1.28.050 of this code. In addition, the court may award punitive damages.
C.
Injunctive relief.
1.
Any person who commits, or proposes to commit, an action in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction.
2.
Any action for injunctive relief under this chapter may be brought by the City Attorney, by an aggrieved person, by other law enforcement agencies, by the District Attorney or by any person or entity which will fairly and adequately represent the interests of the protected class.
(Ord. 4268, 1984; Ord. 4446, 1987)
§ 26.40.010 Mandatory Offer of Residential Lease.
A.
Offer. If a tenant or prospective tenant wishes to rent a rental unit from a landlord and if the landlord wishes to rent the rental unit to the tenant or prospective tenant, the landlord must offer to the tenant or prospective tenant a written lease which has a minimum term of one year. The offer must be made in writing. The landlord's signing of a lease which has a minimum term of one year shall be considered an offer in writing.
B.
Acceptance. If the tenant or prospective tenant accepts the offer of a written lease which has a minimum term of one year, this acceptance must be in writing, dated and signed by the tenant. The tenant or prospective tenant's signing of a lease signed by the landlord which has a minimum term of one year will be considered an acceptance. The tenant shall bear the burden of proving that they accepted the lease offer.
C.
Rejection. If the tenant or prospective tenant rejects the offer for a written lease which has a minimum term of one year, this rejection must be in writing and signed by the tenant on a dated single-page form which is either: (1) prepared by the City Attorney and made available through the City's website; or (2) prepared by the landlord or tenant to communicate the rejection. On or after the date the rejection is signed and delivered, the landlord and tenant or prospective tenant may then enter into an agreement, oral or written, that provides for a rental term of less than one year. The landlord shall have the burden of proving that the lease offer was made to the tenant.
D.
Rent. If the landlord and tenant enter into a written lease which has a minimum term of one 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.
E.
Renewal of leases. If both the landlord and the tenant wish to continue the rental relationship, upon the expiration of the initial written lease which has a minimum term of one year, a lease shall be offered again in accordance with the procedures of this section:
1.
Leases with a term of one year shall be offered annually.
2.
Leases with a term longer than one year shall be renewable at the expiration of each lease period for a minimum term of one year.
3.
A landlord shall offer annually a written lease with a minimum term of one year to a tenant who rejected an initial offer of a written lease with a minimum term of one year but who has rented a unit from the landlord for a period of at least twelve months.
F.
Non-renewal of leases. If the landlord does not wish to continue the rental relationship, then at the time the landlord delivers notice of such termination, the tenant shall be offered a one-session conciliation meeting with the landlord using the Santa Barbara Rental Housing Mediation Board, if available, or a qualified mediator of mutual choice and provided at mutual expense. The results of any conciliation meeting shall not be binding unless agreed to by the landlord and tenant. A tenant need not participate in a conciliation meeting. The remedies available under this chapter shall not be affected by a tenant's inability or refusal to participate in conciliation.
G.
Applicability. This section shall not apply to:
1.
A unit which is rented on the effective date of the ordinance codified in this chapter, provided that:
a.
If the unit is rented subject to a written lease, when the lease in effect for such a unit expires, the ordinance codified in this chapter shall then apply; and
b.
If the unit is rented without a written lease, within 90 days after the effective date of the ordinance codified in this chapter, the landlord shall offer a written lease to the tenant in accordance with this section;
2.
An owner-occupied unit that is rented to a tenant for less than one year; or
3.
A rental unit occupied by a tenant who subleases that unit to another tenant for less than one year;
4.
A rental unit where tenancy is an express condition of, or consideration for employment under a written rental agreement or contract; or
5.
Lawfully operated vacation rentals.
(Ord. 5885, 2019)
§ 26.40.020 Remedies.
A.
Defense to Action to Recover Possession. Failure of a landlord to comply with any of the provisions of this chapter shall provide the tenant with a defense in any legal action brought by the landlord to recover possession of the rental unit.
B.
Defense to Action to Collect Rent. Failure of a landlord to comply with any of the provisions of this chapter shall provide the tenant with a defense in any legal action brought by the landlord to collect rent increases made in violation of this chapter.
C.
Injunctive Relief. A tenant may seek injunctive relief on his or her own behalf and on behalf of other affected tenants to enjoin the landlord's violation of this chapter.
D.
Remedies Are Non-Exclusive. Remedies provided in this section are in addition to any other existing legal remedies and are not intended to be exclusive.
(Ord. 5885, 2019; Ord. 6140, 1/30/2024)
§ 26.40.030 Definitions.
The following words and phrases used in this chapter shall have the meaning indicated in this section unless the context or usage clearly requires a different meaning.
Landlord.
An owner, lessor, or sublessor, or the agent, representative, or successor of any of the foregoing persons or entities who receives, or is entitled to receive, rent for the use and occupancy of any rental unit or portion thereof.
Rent.
The consideration, including any bonus, benefit, or gratuity demanded or received by a landlord for or in connection with the use or occupancy of a rental unit and any separately charged amenities available to tenants such as parking, storage or other similar charges.
Rent Increase.
Any additional rent demanded of or paid by a tenant for a rental unit.
Rental Unit.
A dwelling unit in the City of Santa Barbara with the land and appurtenant buildings thereto and all housing services, privileges, and facilities supplied in connection with the use or occupancy thereof, except, the term "rental unit" does not include:
1.
Any tenancy, occupancy, housing accommodation, or dwelling exempted from Chapter 26.50 of this Code under Section 26.50.030.
2.
A rental unit occupied by a tenant who subleases the unit to a subtenant for a period less than one year.
3.
A tenancy where the owner of the rental unit is renting the unit to the tenant as an express condition of, or consideration for employment under a written rental agreement.
4.
Lawfully operated vacation rentals.
Tenant.
A person or persons entitled by written or oral agreement to occupy a rental unit to the exclusion of others.
(Ord. 5885, 2019; Ord. 6140, 1/30/2024)
§ 26.50.010 Just Cause for Residential Evictions.
A.
The owner of a rental unit shall not terminate the tenancy of a qualified tenant unless the owner is able to prove just cause, which must be stated in full in the notice of termination.
B.
Just cause includes at-fault just cause or no-fault just cause as defined in Section 26.50.070.
C.
Just cause also includes at-fault just cause as defined in Civil Code Section 1946.2(b)(1) and no-fault just cause as defined in Civil Code Section 1946.2(b)(2) as adopted by Section 2 of Chapter 290 of 2023 California Statutes.
D.
If there is a conflict in a definition of just cause under subsection B and subsection C the definition under subsection C will be applied unless the definition under subsection B is more protective of tenant rights.
E.
Termination of tenancy includes any attempt by an owner to recover possession of a rental unit, including any attempt to recover possession of the rental property for expiration of a lease, choosing not or failing to offer a renewal of a lease, or recovery of possession through a court proceeding. This subsection is declarative of existing law.
(Ord. 5979, 2020; Ord. 6139, 1/23/2024)
§ 26.50.020 Relocation Assistance Payments for No-Fault Just Cause Evictions.
A.
The owner of a rental unit who issues a termination notice based upon no-fault just cause shall make a relocation assistance payment to each qualified tenant in an amount established by resolution of the City Council, or one month's rent plus one dollar, whichever is greater.
B.
When more than one qualified tenant occupies a rental unit, the owner shall divide the relocation assistance payment equally among the qualified tenants and make the divided relocation assistance payment to each qualified tenant.
C.
Any relocation assistance or rent waiver required by State law shall be credited against the relocation assistance payment required by this chapter, but only to the extent such credit is required by State law.
(Ord. 5979, 2020)
§ 26.50.030 Applicability.
This chapter applies to all rental units except:
A.
Transient and tourist hotel occupancy as defined in Civil Code Section 1940(b).
B.
Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
C.
Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
D.
Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the rental unit.
E.
Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
F.
A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
G.
Housing that has been issued a certificate of occupancy within the previous 15 years.
H.
A rental unit that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
1.
The owner is not any of the following:
a.
A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
b.
A corporation.
c.
A limited liability company in which at least one member is a corporation.
2.
a.
The tenants have been provided written notice that the residential property is exempt from this section using the following statement:
"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
b.
For a tenancy existing before the effective date of this chapter, the notice required under subsection (H)(2)(a) of this section may, but is not required to, be provided in the rental agreement.
c.
For any tenancy commenced or renewed on or after the effective date of this chapter, the notice required under subparagraph a. must be provided in the rental agreement.
d.
Addition of a provision containing the notice required under subsection (H)(2)(a) to any new or renewed rental agreement or fixed-term lease constitutes similar other terms for the purposes of Section 26.50.070(B)(1)(e).
I.
Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. This exception does not apply to tenancies assisted by Section 8 Housing Choice Vouchers where the housing is not otherwise restricted by deed, regulatory restriction contained in an agreement with a government agency, or recorded document or agreement requiring the owner to offer housing at below market rent.
(Ord. 5979, 2020; Ord. 6139, 1/23/2024)
§ 26.50.040 Just Cause Eviction Notice Requirements.
A.
The written notice to terminate tenancy shall state in full the facts and circumstances constituting the at-fault just cause or no-fault just cause for termination.
B.
A written notice to terminate tenancy based upon no-fault just cause shall be accompanied by a supplemental notice informing each qualified tenant of their right to and the dollar denominated amount of a relocation assistance payment required by this chapter.
C.
Before the owner of a rental unit issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to each qualified tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
D.
A written notice to terminate tenancy based upon a no-fault just cause eviction shall be accompanied by a supplemental notice informing each qualified tenant of the right of first refusal under Section 26.50.055 and the owner's obligations under subsection C of Section 26.50.055. The notice shall advise the tenant of the owner's contact information and of the tenant's obligation to provide the tenant's contact information to owner.
E.
In addition to the requirements of this section, a written notice of termination must contain all of the information required by Civil Code Section 1946.2 as adopted by Section 2 of Chapter 290 of 2023 California Statutes.
(Ord. 5979, 2020; Ord. 6139, 1/23/2024; Ord. 6179, 4/29/2025)
§ 26.50.050 Relocation Assistance Payment Requirements.
A.
The owner of a rental unit who issues a termination notice based upon no-fault just cause shall make the relocation assistance payment required by this chapter to each qualified tenant within 15 calendar days after service of the notice.
B.
The owner of a rental unit who issues an early tenant alert notice may elect to make one-half of the relocation assistance payment required by this chapter to each qualified tenant within 15 days after service of the subsection A notice, and the remaining one-half of the relocation assistance payment to each qualified tenant no later than the time that qualified tenant surrenders possession of the rental unit.
C.
If a qualified tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance paid to the qualified tenant shall be recoverable as damages from that qualified tenant.
D.
A qualified tenant is not entitled to relocation assistance if any government agency or court determines that the tenant is at fault for the condition or conditions triggering an eviction order or need to vacate under Section 26.50.070 B.2.c.
(Ord. 5979, 2020)
§ 26.50.055 Right to Re-Rent Following No-Fault Just Cause Eviction.
A.
The provisions of this section are additional to the rights to re-rent provided to tenants under subsections (b)(2)(A)(vi) and (b)(2)(D)(iv) of Civil Code Section 1946.2 as adopted by Section 2 of Chapter 290 of 2023 California Statutes.
B.
A qualified tenant subject to a no-fault just cause termination of tenancy shall have a right of first refusal to re-rent the rental unit or a comparable new rental unit at the same property for a period of two years following the termination of tenancy, provided that the tenant has kept the owner notified of the tenant's contact information according to the notice provided under Section 26.50.040(D).
C.
An owner seeking to rent a unit to which a person has a right of first refusal to re-rent under subsection (B) shall:
1.
Have given the supplemental notice required by Section 26.50.040(D).
2.
Offer each qualified tenant having a right of first refusal with respect to a unit a rental agreement in compliance with Section 26.40.010 of this Code. The offer shall be in the form of a written lease and shall remain open for acceptance for a period of not less than 30 days.
3.
For a re-rental following a no-fault just cause termination of tenancy on the grounds of a substantial remodel of the unit, establish the rental price for the unit at no more than gross rental rate charged for the unit at the time of the notice of termination of tenancy plus five percent plus the change in the cost of living, or 10%, whichever is lower, of the gross rental rate charged for the unit at the time of the notice of termination of tenancy. For purposes of this paragraph, a no-fault just cause termination of tenancy shall be deemed for all purposes to be a temporary interruption of the tenant's rights to the unit and the exercise of the right of first refusal to be a continuation of the pre-existing lease subject to the rent increase authorized by this paragraph. The change in cost of living means the percentage change, for the year in which the substantial remodel occurs, in the California Consumer Price Index for All Urban Consumers for All Items (CPI-U) as published by the California Department of Industrial Relations, unless the United States Bureau of Labor Statistics publishes a CPI-U for a metropolitan area that includes Santa Barbara County, in which case the CPI-U published by the Bureau of Labor Statistics will be used.
4.
For a tenancy not subject to subsection (c)(3), establish the rental price in accordance with Civil Code Section 1954.53 when applicable.
(Ord. 6139, 1/23/2024; Ord. 6179, 4/29/2025)
§ 26.50.060 Remedies.
A.
Failure to provide each of the notices required by this chapter shall be a defense to any unlawful detainer action.
B.
Failure to include all required information in the notices required by this chapter shall render the notice void and be a defense to any unlawful detainer action.
C.
Failure to make a relocation assistance payment in a timely manner shall be a defense to any unlawful detainer action.
D.
Failure by an owner to plead and prove compliance with this chapter shall be a defense to any unlawful detainer action.
E.
Any violation of this chapter shall entitle the aggrieved tenant to actual damages according to proof and costs and attorney's fees.
F.
The City Attorney is authorized to enforce this chapter through administrative, civil, or criminal action. The City Attorney is further authorized to bring actions for injunctive relief on behalf of the City. The City Attorney shall seek recovery of costs, expenses, and attorney's fees as allowed by law.
G.
An owner who attempts to terminate a tenancy in material violation of this chapter shall be liable to the tenant in a civil action for all the following:
1.
Actual damages.
2.
In the court's discretion, reasonable attorney's fees and costs.
3.
Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.
(Ord. 5979, 2020; Ord. 6139, 1/23/2024)
§ 26.50.070 Definitions.
Early Tenant Alert Notice.
An additional written notice of no-fault just cause termination of a tenancy provided at least 60 days before the notice of termination required by Section 26.50.040(A).
Just Cause.
At-fault just cause and no-fault just cause, as follows:
1.
At-fault just cause, which is any of the following:
a.
Default in the payment of rent.
b.
A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
c.
Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
d.
Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
e.
The tenant had a written lease that terminated on or after the effective date of this chapter, and after a written offer from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of the same duration and with similar other terms, provided that those terms do not violate this chapter or any other provision of law.
f.
Criminal activity by the tenant on the rental unit, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the rental unit, that is directed at any owner or agent of the owner of the rental unit; provided that criminal activity or criminal threat directed at a tenant who is a victim of domestic violence shall not be the basis for at-fault or no-fault just cause eviction of the tenant who is a victim of domestic violence.
g.
Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
h.
The tenant's refusal to allow the owner to enter the rental unit as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
i.
Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
j.
The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
k.
When the tenant fails to deliver possession of the rental unit after providing the owner written notice as provided in Civil Code Section 1946 of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
2.
No-fault just cause is any of the following:
a.
The owner seeks in good faith to recover possession of the rental unit for use and occupancy by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents if a provision of the lease allows the owner to terminate the lease when the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the rental unit for a minimum of 12 continuous months as that person's primary residence. This subsection does not apply if the intended occupant occupies a rental unit on the property or if a vacancy of a similar unit already exists at the property. The written notice terminating a tenancy for a just cause pursuant to this subparagraph shall contain the name or names and relationship to the owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an owner or related to the owner. The proof shall be provided upon request and may include an operating agreement and other non-public documents. This subsection applies only if the intended occupant moves into the rental unit within 90 days after the tenant vacates and occupies the residential unit as a primary residence for at least 12 consecutive months. If the intended occupant fails to occupy the rental unit within 90 days after the tenant vacates or fails to occupy the rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written notice. However, if the intended occupant moves into the rental unit within 90 days after the tenant vacates but dies before having occupied the rental unit as a primary residence for 12 months, this will not be considered a failure to comply with this section or a material violation of this section by the owner.
b.
The owner seeks in good faith to recover possession to permanently withdraw the rental unit from the rental market. The notice of termination must be filed with the Community Development Department when it is given to the tenant and must specify the intended use of the unit and the lot on which the rental unit is located.
c.
The owner seeks in good faith to comply with any of the following:
i.
An order issued by a government agency or court relating to habitability that necessitates vacating the rental unit.
ii.
An order issued by a government agency or court to vacate the rental unit.
iii.
A local ordinance that expressly requires vacating the rental unit.
d.
The owner seeks in good faith to recover possession to totally demolish or to substantially remodel the rental unit, provided the owner has done all of the following:
i.
Obtained all permits necessary to carry out the demolition or substantial remodel from the applicable governmental agencies.
ii.
For a proposed substantial remodel, obtained a written opinion supported by a detailed explanation and signed under penalty of perjury from an independent construction expert, who holds a current and valid California Contractors State License Board license with classifications in A, B, or B-2, as applicable to the proposed work, stating that the work cannot be reasonably accomplished in a safe manner with the tenant in place and that the proposed work requires the tenant to vacate the rental unit for at least consecutive 30 days. The person preparing the report may not be the owner, the licensed contractor retained to perform the work, or otherwise be financially interested in the work other than payment for preparation of the report. The report must be filed concurrently with the building permit application for the proposed work.
iii.
Served the tenants with a copy of the permits along with a written notice stating the reason for the termination, the type and scope of work to be performed, why the work cannot be reasonably accomplished in a safe manner with the tenant in place, and why the work requires the tenant to vacate the residential real property for at least 30 consecutive days. The copy and notice shall be contained in or served concurrently with the notice of termination required by Section 26.50.040.
iv.
Filed with the Community Development Department a copy of the written opinion signed under penalty of perjury from the construction expert and the documents served on the tenant under subsection 2.d.iii.
Owner.
An owner as defined in Civil Code Section 1954.51. For purposes of subsection (2)(a) under the definition for "just cause" above, owner also has the meaning defined in Civil Code Section 1946.2(a)(2)(viii)(II).
Qualified Tenant.
A tenant who has continuously and lawfully occupied or had the legal right to occupy a rental unit for 12 months.
Rent.
The total consideration charged or received by an owner in exchange for the use or occupancy of a rental unit.
Rental Unit.
Any unit in any real property, regardless of zoning status, including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing services connected with use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant.
Substantially Remodel.
The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable Federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the rental unit for at least 30 consecutive days. Substantial remodeling does not include cosmetic improvements, including painting and decorating, minor repairs, routine maintenance, or other work that can be performed safely without having the rental unit vacated. For purposes of this subsection, a tenant is not required to vacate a rental unit on any days where a tenant could continue living in the rental unit without violating health, safety, and habitability codes and laws.
Tenant.
Any renter, tenant, subtenant, lessee, or sublessee, or person entitled by written or oral agreement to occupy a rental unit, or any successor of any of the foregoing.
(Ord. 5979, 2020; Ord. 6107 §2, 2023; Ord. 6139, 1/23/2024; Ord. 6153, 5/21/2024; Ord. 6179, 4/29/2025)
§ 26.50.080 Completion of Substantial Remodel Work.
An owner who has recovered possession of a rental unit for purposes of substantial remodel must not re-rent the unit until all permitted work has been completed and the Chief Building Official or his or her authorized representative has inspected the work and confirmed in writing that the permitted work has been completed.
(Ord. 6139, 1/23/2024)
§ 26.50.090 Additional Limitation on No-Fault Just Cause Eviction for Demolition or Substantial Remodel.
An owner who acquires property having five or more rental units shall not commence a no-fault just cause eviction of any qualified tenant to demolish or substantially remodel a unit for a period of one year following the owner's acquisition of the property.
(Ord. 6179, 4/29/2025)
§ 26.50.100 Additional Requirements and Limitations Applicable to Just Cause Evictions to Permanently Remove a Rental Unit from the Rental Market.
A.
This section applies to no-fault just cause evictions to recover possession to permanently withdraw a rental unit from the rental market.
B.
An owner shall not withdraw from the rental market less than all of the rental units from a property. Notices of termination shall be given concurrently to all tenants, provided, however, that eviction dates stated in the notices may vary to coincide with the termination dates of leases or rental agreements of affected tenants.
C.
Property that has been withdrawn from the rental market pursuant to this chapter may not be used for residential rent purposes for a period of five years following the date of the last eviction under subsection B.
(Ord. 6207, 1/27/2026)
§ 26.60.010 Tenant Protections.
A.
It is a violation of this section for an owner or the owner's agent, contractor, subcontractor, or employee, to willfully engage in, aid, or incite a course of conduct that adversely affects a tenant's use or enjoyment of a rental unit, housing opportunity, or housing-related services or facilities, that serves no lawful purpose, and includes, but is not limited to, the following:
1.
Reducing or eliminating housing services required by a lease, contract, or law, including the elimination of parking if provided in the tenant's lease or contract, or access to common areas or amenities, except as necessary to comply with court order or local or State law, or to lawfully create an accessory dwelling unit or additional housing.
2.
Failing to perform and timely complete necessary repairs and maintenance required by local or State law.
3.
Failing to exercise due diligence in completing repairs and maintenance once undertaken or failing to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts.
4.
Abusing the owner's right of access into a rental housing unit as established and limited by California Civil Code Section 1954, including entering or photographing portions of a rental unit that are beyond the scope of lawful entry or inspection.
5.
Threatening a tenant, by word or gesture, with physical harm.
6.
Misrepresenting to a tenant that the tenant is required to vacate a rental unit or enticing a tenant to vacate a rental unit through intentional misrepresentation or the concealment or omission of a material fact. This includes misrepresenting a tenant's rights under Chapters 26.40 and 26.50 of this Code.
7.
Offering payments or other inducements to a tenant to vacate more than once in any six months, after the tenant has notified the owner in writing that the tenant does not desire to receive further offers of payments or other inducements to vacate.
8.
Threatening to report a tenant or other person known to the owner to be associated with a tenant to any local, State, or Federal agency on the basis of their perceived or actual immigration status. The prohibition shall not be construed as preventing communication with such agencies regarding an alleged immigration violation.
9.
Inquiring as to the immigration or citizenship status of a tenant, prospective tenant additional tenant, occupant, or prospective additional occupant of a rental unit, or requiring any of these people to make any statement, representation, or certification concerning their immigration or citizenship status.
10.
Refusing to acknowledge or accept receipt of lawful rent payments as set forth in a lease agreement or as established by the usual practices of the parties or applicable law.
11.
Engaging in activity prohibited by Federal, State, or local housing antidiscrimination laws.
12.
Retaliating, threatening, or interfering with tenant organizing activities, including forming or participating in tenant associations and unions.
13.
Retaliating, threatening, or interfering with a tenant's right to petition the government for redress of grievances.
14.
Interfering with a tenant's right to privacy. This includes, but is not limited to: video or audio recording that captures the interior of a tenant's bedroom, bathroom, changing room, fitting room, dressing room, or the interior of any other area in which the occupant has a reasonable expectation of privacy with the intent to invade the privacy of a person or persons inside, entering or photographing portions of a rental unit that are beyond the scope of a lawful entry or inspection, unreasonable inquiry into a tenant's relationship status or criminal history, and unreasonable restrictions on or inquiry into overnight guests.
B.
An owner or an owner's agent, contractor, subcontractor, or employee, in the course of the leasing or offering to lease a rental unit, is prohibited from requesting information that violates a tenant's right to privacy, including, but not limited to, residence or citizenship status or social security number, except as required by law or, in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy, or not release such information except as required or authorized by law. This includes a refusal to accept equivalent alternatives to information or documentation that does not concern immigration or citizenship status, e.g., an individual taxpayer identification number (ITIN).
C.
An owner or an owner's agent, contractor, subcontractor, or employee is prohibited from retaliating against a tenant because of the tenant's exercise of rights under this section or Chapter 26.40 or 26.50 of this Code.
D.
Nothing in this section shall be construed as to prevent an owner or an owner's agent, contractor, subcontractor, or employee from lawfully exercising the owner's rights under Chapter 26.40 or 26.50 of this Code.
E.
As used in this chapter, owner has the same meaning as defined in Section 26.50.070 and includes landlord as defined in Section 26.40.030 of this Code.
(Ord. 6139, 1/23/2024)
§ 26.60.020 Civil Enforcement.
A.
An aggrieved tenant under this chapter may institute civil proceedings as provided by law against an owner or an owner's agent, contractor, subcontractor, or employee alleged to have violated the provisions of this chapter, regardless whether the rental unit remains occupied or has been vacated due to the alleged violation.
B.
A tenant prevailing in court may be awarded:
1.
Actual damages or a minimum amount of $1,000 per violation, whichever is greater.
2.
In the court's discretion, reasonable attorney's fees and costs.
3.
Upon a showing that the owner has acted with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.
C.
The court may impose civil penalties up to $10,000 per violation, tenant relocation, and other appropriate relief.
D.
Injunctive relief and any other remedy provided by law.
(Ord. 6139, 1/23/2024)
§ 26.80.010 Establishment and Purpose.
In accordance with Santa Barbara Charter Section 1215, the City Council hereby establishes the City of Santa Barbara Local Housing Trust Fund ("SBLHTF"), for the purpose of utilizing and leveraging locally generated dollars for the production and preservation of affordable housing units.
(Ord. 6138, 1/23/2024)
§ 26.80.020 Definitions.
The following definitions shall apply to the interpretation of this chapter:
Area Median Income or AMI.
The most recent applicable county median family income published by the State of California Department of Housing and Community Development ("HCD").
Eligible Project.
Projects that are considered eligible and in compliance with the California Department of Housing and Development guidelines.
Extremely Low Income Households.
Shall have the definition given in California Health and Safety Code Section 50106.
HCD Guidelines.
As adopted by HCD to implement, interpret and make specific Health and Safety Code (HSC) Sections 50842.1, 50842.2, 50843.5 and 54006(f) which governs the Local Housing Trust Fund Program.
HCD or Department.
The State of California Department of Housing and Community Development.
Lower Income Households.
Shall have the definition given in Health and Safety Code Section 50079.5.
Matching Funds.
Funds to the SBLHTF that are provided on an ongoing basis from both private and public contributions or public sources and that are not otherwise restricted for housing use under Federal or State law.
Moderate Income Households.
Shall have the definition given in Health and Safety Code Section 50093.
Very Low Income.
Shall have the definition given in Health and Safety Code Section 50105.
(Ord. 6138, 1/23/2024)
§ 26.80.030 Funding Sources.
SBLHTF shall receive funding from the sources set forth below. SBLHTF may also receive funding from any other legally available source.
A.
Matching Funds. The SBLHTF shall receive matching funds in the amount of $2,883,548, that was allocated by the City Council on December 6, 2022, from the General Fund and specifically dedicated to a local housing trust fund.
B.
Ongoing Revenue. All inclusionary housing in-lieu fees collected under Sections 28.43.030, 28.43.070, 28.43.130, and 30.160.070 in the Municipal Code shall be deposited in the Local Housing Trust Fund as a dedicated and continuous source for operations of the Fund for a minimum of the required first five years of the Fund's existence.
C.
City Council may allocate funds as ongoing revenue and matching funds to the SBLHTF to provide additional funding as needed.
(Ord. 6138, 1/23/2024)
§ 26.80.040 Eligible Uses of SBLHTF.
A.
Monies deposited in the SBLHTF shall be used to secure program funds under the applicable HCD Guidelines and statutes. Program funds and matching funds shall be used for payment of predevelopment costs, acquisition, construction, or rehabilitation of eligible projects. Monies in the SBLHTF not used as matching funds or as ongoing revenue sources, may be used in accordance with the priorities identified by the Council approved Housing Element and financing strategy to construct, acquire, rehabilitate, or subsidize very low, lower, and moderate income housing.
B.
Administrative expenses of up to five percent of program funds and matching funds are permitted.
C.
At least 30% of program funds and matching funds shall be expended on assistance to extremely low income households.
D.
No more than 20% of program funds and matching funds, shall be expended on assistance to moderate income households.
E.
The remaining program funds and matching funds may be expended on assistance to lower income housing.
F.
Expenditures from the SBLHTF shall be controlled, authorized, and paid in accordance with general City budgetary policies. Execution of contracts related to the use or administration of SBLHTF monies shall be in accordance with requirements expressly contained in the City's Charter, the Municipal Code, and City policy.
(Ord. 6138, 1/23/2024)
§ 26.80.050 Administration of funds.
A.
Applications for funding shall be in a form approved by the Community Development Director and shall specify the eligible project and the number of extremely low, very low, lower, and moderate income housing units to be included in the project. The application shall include all documentation and information deemed necessary by the Director for the evaluation of the application for compliance with State HCD requirements and City Council priorities. The application process will not require a request for proposal or a NOFA application. Application requirements will be based upon compliance with the State HCD requirements and the requirements of the established City of Santa Barbara Affordable Housing Policies and Procedures Handbook. Once reviewed for compliance, the Community Development Director will then forward the application to the City Council for consideration of financial assistance from the SBLHTF.
B.
The SBLHTF shall be administered by the Finance Director and applications for funding shall be submitted to the Community Development Director as described in subsection (A) of this section.
C.
Not later than July 31st of each year, the City shall provide the HCD with an annual report which contains the information required by the Guidelines, as may be amended from time to time. Additionally, revenues collected, funds committed, expenditures made, and any decisions made as to requests for reductions or exceptions shall be forwarded by the Finance Director and the Community Development Director and presented to the City Council.
(Ord. 6138, 1/23/2024)
