Ellis Act Evictions Under the Baldwin Park Rent Ordinance
Under the Baldwin Park Rent Ordinance, landlords are permitted to evict all tenants from a rental property and remove the property from the residential rental housing market. Baldwin Park Municipal Code § 129.08(a)(10). Despite being a lawful just cause for eviction, the landlord must follow strict rules following an Ellis Act eviction. As with Baldwin Park Owner Move-In & Relative Move-In evictions, the landlord’s failure to comply with the Baldwin Park Rent Ordinance may result in the tenant having a claim for wrongful eviction.
What is an Ellis Act Eviction?
California law allows landlords to remove a residential rental property from the housing market permanently. California Government Code § 7060, et seq. The Ellis Act permits landlords to simultaneously evict all tenants from the property to remove the property from the rental market. The Ellis Act is generally used to change the building’s use into condominiums, tenancies in common for personal use, or for the landlord’s personal use.
What Restrictions Are Placed on the Property Following an Ellis Act Removal?
In addition to allowing the landlord to evict all tenants form the building, an Ellis Act removal engenders restrictions that last up to five years. Chiefly, if the landlord desires to re-rent a unit at the property within five years after performing the Ellis Act eviction, the landlord must offer and rent the unit at the rent in effect at the time the Ellis Act eviction occurred. Baldwin Park Municipal Code § 129.10. The landlord is allowed to increase the rent by any annual adjustments previously available. Id.
Can a Baldwin Park Landlord Invoke the Ellis Act on Only Some Units at the Property?
No, the landlord cannot perform a partial Ellis Act eviction. Every unit at the property must receive Ellis Act termination of tenancy notices simultaneously.
How Much Notice Must Landlords Provide Baldwin park Tenants When Invoking the Ellis Act?
Ellis Act evictions require 120 days’ notice. California Government Code § 7060.4. However, tenants who have lived in the unit for at least a year prior to the Ellis Act notice date, and are either sixty-two years of age or older, disabled, have a minor child residing in the unit, or are low-income are entitled to one year notice. Id.
Tenants entitled to one year notice must serve their landlord with written notice of their entitlement to an extension within sixty days of the date the landlord officially informs the government of the Ellis Act eviction. Id.
Baldwin Park Rent Ordinance Relocation Payments & Moving Expenses for Ellis Act Evictions
Relocation Payments & Moving Expenses for Low-Income Tenants
For Baldwin Park tenants in good standing and living in households at or below 140% of the median income, by household size, are entitled to a relocation payment equal to two and a half months fair market rent as established by HUD for a comparable unit. Baldwin Park Municipal Code § 129.11. Additionally, landlords shall pay a moving expense of $1,306 for adult households, or $3,935 for households with dependents, disabled, or senior occupants. Id. These amounts are adjusted annually. Id.
Enhanced Relocation Payments & Moving Expenses for Long Term Low-Income Tenants
Under the Baldwin Park Rent Ordinance, low-income tenants who have continuously resided at the property for at least ten years are entitled to enhanced relocation payments and moving expenses. Baldwin Park Municipal Code § 129.11. For each year after the 10thanniversary, the amount of the base relocation payment, as specified above, shall be increased by 10%. Id. This increase maxes out at 200% of the base relocation payment on the 20thanniversary of the tenancy. Id.
My Former Landlord May Have Violated the Baldwin Park Rent Ordinance & Ellis Act, Do I have a Claim?
Yes, you may have a claim for wrongful eviction, which could entitle you to money damages. Read more here or contact Astanehe Law to discuss the Baldwin Park Rent Ordinance, Baldwin Park Rent Control, Baldwin Park Owner Move-In wrongful evictions, Baldwin Park Ellis Act wrongful evictions, or California Rent Control (AB 1482) with a tenant attorney today.
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