Housing & Community Services Division (2024)

ORDINANCE NO. 24-3

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE CHAPTER 19.40 “RESIDENTIAL TENANT PROTECTION PROGRAM” TO INCREASE “JUST CAUSE” EVICTION PROTECTIONS, EXPAND THE CITY’S RENT REGISTRY, AND ESTABLISH A RENT STABILIZATION PROGRAM

PLEASE TAKE NOTICE that on March 5, 2024, in the Concord City Council Chamber, located at 1950 Parkside Drive, Concord, CA, at 6:30 p.m., or as soon thereafter as the matter may be heard, the Concord City Council will consider adoption of the above-entitled Ordinance.

Summary: The Ordinance amends the Concord Municipal Code Chapter 19.40 to increase “just cause” eviction protections, expand the City’s rent registry, and establish a rent stabilization program. Highlights include:

• Imposes Rent Stabilization on multi-family rental complexes of two or more units built before February 1, 1995, and mobile homes that are rented out, subject to the exceptions below.
• Imposes Just Cause for Eviction on most Dwelling Units, subject to the exceptions below.
• The following are exempt from Rent Stabilization but are subject to Just Cause for Eviction.
  • Single Family Homes and certain Condominiums.
  • Units Exempted by State or federal law, including the Costa Hawkins Act.
  • Affordable Housing units restricted by the City/other governmental agency to very low, low, or moderate income tenants, if any are subject to (i) enforceable annual 5% rent caps or (ii) for certified over income Tenants rent increases up to thirty percent (30%) of the household monthly income so long as State law caps are not exceeded.

• The following are exempt from both Rent Stabilization and Just Cause for Eviction:
  • Hotels/motels.
  • Institutional facilities.
  • Dormitories owned and operated by schools.
  • Government owned housing.
  • Shared housing (Tenants and Owner-occupants share bathroom/kitchen facilities).
  • Emergency shelters, and homeless shelters as defined in Code Section 18.200.070.
  • Residential facility/ies, as defined in Code Section 18.20.020.
  • Accessory Dwelling Units.
  • Duplexes where the Owner occupies one of the units.
• Units subject to Rent Stabilization are subject to the following:
  • Annual rent increases are capped at the lesser of 3% or 60% of CPI.
  • An annual City Council review of the rent increase cap.
  • Rents must be “rolled back” to April 4, 2023 rates, but may be increased by 2.52% for calendar year 2023 (2.52% is 60% of the April 2023 CPI).
  • Landlord “fair return” petitions are allowed via a hearing officer process.
  • Tenant rent petitions are allowed via a hearing officer process.
  • Tenants and Landlords may file lawsuits without using the hearing officer process.
  • Vacancy decontrol is preserved.
  • Rent banking is prohibited.
• Units subject to Just Cause for Eviction are subject to the following:
  • Tenants may only be evicted for “no fault” or “at fault” just cause reasons.
  • “No fault” just cause evictions consist of:
    • Owner move-ins.
    • Ellis Act evictions.
    • Compliance with government orders.
    • Intent to demolish/substantially remodel the unit.
  • Only “no fault” just cause evictions trigger relocation payments and moving stipends:
    • Single family homes/condominiums:
      • For permanent relocations, relocation assistance in the amount of two (2) months of the Tenant’s then-current rent plus a moving stipend in the amount of $2,000.
      • No payment for temporary relocations.
    • All other units:
      • For permanent relocations, relocation assistance in the amount of three times the HUD FMR Rent for the most similar unit type based on the number of bedrooms (one additional month if any lower-income tenant, disabled tenant, senior tenant, terminally ill tenant, and any tenant whose household contains school-aged children lives in the unit) plus a moving stipend of $3,000.
      • For temporary relocations, per diem payments or (at the Landlord’s election) temporary housing.
• Fully implements the Ellis Act.
• For all rented Dwelling Units subject to either Rent Stabilization and/or Just Cause for Eviction, Landlord must register those units with the City and pay associated fees.

Note: The above summarizes only Ordinance highlights. Reading the entire Ordinance may be necessary to obtain a complete understanding thereof. In the event of any inconsistency between this summary and the Ordinance, the Ordinance shall prevail. A certified copy of the full text of the Ordinance is posted for viewing at the Concord City Clerk’s Office at 1950 Parkside Drive, Concord, CA and at the following website: https://www.cityofconcord.org/309/Housing-Community-Services; a copy may be obtained based on City’s actual costs.

Introduced: February 13, 2024, Adopted: March 5, 2024

NOTICE IS HEREBY GIVEN per Government Code Section 36933 that the Concord City Council adopted the foregoing Ordinance by the following vote:

AYES: Councilmembers - D. Aliano, L. Nakamura, C. Obringer, E. Birsan
NOES: Councilmembers - L. Hoffmeister
ABSTAIN: Councilmembers - None
ABSENT: Councilmembers - None

Prepared by Susanne Meyer Brown, City Attorney
Dated: March 7, 2024

Clickhere to view the complete ordinance.

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