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Rental Board Backs Strong Ellis Act Tenant Protections

Board recommends City Council adopt comprehensive safeguards for renters forced out when buildings leave rental market

Published on Friday, November 22, 2024 | 6:03 am
 

The Pasadena Rental Housing Board voted unanimously Thursday to recommend the City Council adopt comprehensive tenant protections under the Ellis Act, which allows landlords to remove properties from the rental market.

The action would implement requirements under Article XVIII of the City Charter (Measure H), though the Board itself cannot enact the protections directly since they must be adopted by the City Council for enforcement.

The protections would give displaced tenants the right to return to their units and maintain their previous rent levels if buildings return to the market within specified timeframes.

Under the proposed protections, if adopted by the Council, tenants would have the right to return to their units if brought back to market within 10 years of withdrawal. They could return at their previous rent plus allowed annual adjustments if units return within 5 years.

Additionally, tenants could seek actual and exemplary damages if units return to market within 2 years, and could receive punitive damages up to six months’ rent if proper notice of right to return isn’t provided within the 10-year period.

The recommendations specify that landlords must record official notice documents to enable a 120-day notice requirement for all tenants before withdrawing units. Senior or disabled tenants can request an extension to one year if they notify the landlord within 60 days of receiving the withdrawal notice.

Notably, if demolished rental units are replaced with new construction within 5 years, the new units would be subject to rent stabilization despite usual exemptions under state law.

All Ellis Act evictions also would still require payment of relocation benefits to tenants.

“The Ellis Act doesn’t have anything to do with renovations. It doesn’t have anything to do with upgrading housing stock so that it’s more habitable,”  Board Chair Ryan Bell said during discussion. “It is very specifically and narrowly about removing units permanently from the market.”

The Rent Stabilization Department would create a comprehensive Ellis Act procedures packet if the protections are approved.

The recommendations will first go to the City Council’s Legislative Committee before consideration by the full Council. If adopted, the department would oversee implementation, including maintaining records of tenants’ rights to return notices.

During public comment, speakers expressed both support and opposition to the proposed protections, with discussion focusing on balancing property owners’ rights with preventing displacement of tenants.

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