Board of Supervisors — 2023-04-06

Urgency Ordinance on Just Cause for Residential Evictions

• Staff proposed an urgency ordinance requiring landlords to obtain permits and provide notice before evicting tenants for renovations.
• Public testimony supported immediate adoption with amendments for retrospective application and a tenant right of return.
• Property owners argued against emergency passage, citing financial burdens on small landlords and requesting exemptions.
• The Board adopted the urgency ordinance with Legal Aid amendments after confirming its immediate applicability to new notices.

Agenda Item 1: Urgency Ordinance on Just Cause for Residential Evictions (Chapter 44, Article 4/Article Six)

Discussion and Staff Presentation

• The Board considered a proposed urgency ordinance to amend Chapter 44 of the Santa Barbara County Code by adding provisions establishing "just cause" requirements for residential evictions. Staff representatives presented an overview of existing county relocation assistance laws and the state Tenant Protection Act of 2019, noting that local jurisdictions may enact more protective measures regarding substantial remodeling. The proposed ordinance would require landlords to demonstrate good faith, provide early notice of renovation plans, obtain all necessary permits prior to serving a termination notice, and serve tenants with copies of permits and the scope of work. Staff presented two procedural options: adopting an urgency ordinance effective immediately or introducing the ordinance for a first reading with a future hearing date.

Public Comment

• Numerous members of the public testified in support of the urgency ordinance, citing immediate threats of mass evictions at specific properties due to renovations. Speakers emphasized the need for protections against displacement under the guise of improvements and urged the inclusion of amendments suggested by the Legal Aid Foundation. These requested amendments included applying the ordinance retrospectively to tenants who had received eviction notices but not yet been physically removed, and establishing a "right of return" provision allowing displaced tenants to return to their original units at previous lease terms once renovations were complete. Speakers highlighted concerns regarding the impact on low-income families, communities of color, Section 8 voucher holders, and individuals with disabilities.
• Conversely, representatives from the Santa Barbara Association of Realtors and property owners expressed concern that the ordinance would place an undue financial burden on small landlords owning one to four units. They argued for exemptions for smaller properties or limitations to complexes with five or more units. These speakers also suggested subjecting the ordinance to the normal legislative process rather than passing it as an emergency measure. Legal representatives noted the need to clarify the ordinance's application to all stages of the eviction process, including unlawful detainer lawsuits filed after notices were served.

Board Member Comments and Clarifications

• Board members discussed the systemic nature of the housing crisis, noting that supply alone does not guarantee affordability if investment properties dominate the market. The Board acknowledged the urgency of the situation facing tenants at specific locations and the necessity of addressing loopholes in current state law. During the hearing, the Board sought clarifications on permit requirements, confirming that permits must be obtained prior to giving notice for substantial rehabilitation if the work triggers a permit requirement. Staff confirmed that as an urgency ordinance, the measure would apply immediately to notices sent after the effective date and to unlawful detainer actions initiated after adoption, but not to notices already served prior to adoption. The Board reviewed amendments suggested by the Santa Barbara Legal Aid Foundation; staff confirmed some were incorporated while others were considered for inclusion in the final version. It was noted that passing the item as an urgency ordinance requires a four-fifths vote, whereas a standard ordinance would require only a majority vote.

Motions, Decisions, and Vote Outcome

• A motion was made to adopt the urgency ordinance with the amendments discussed during the hearing, including those suggested by Legal Aid. The motion was seconded. Following further discussion regarding the technicalities of the language and the broader housing context, the Board proceeded to a vote.
• Outcome: The motion passed.