Codified at Chapter 5.156 of the Sacramento Municipal Code, the Sacramento Tenant Protection Act protects Sacramento tenants by limiting rent increases, limiting evictions, and provides several enforcement mechanisms for a deprivation of rights.  The Sacramento Tenant Protection Act requires landlords to have just cause for eviction when evicting a Sacramento tenant in a covered unit.  Rent increases on Sacramento tenants in covered units are also protected from rent increases above the annual rent adjustment amount, presently 9% from July 1, 2021, until June 30, 2022.  Where a Sacramento tenant suffers a deprivation of any right under the Sacramento Rent Ordinance, they have an actionable claim against their landlord.

The Sacramento Tenant Protection Act

What Units Does the Sacramento Tenant Protection Act Cover?

The Sacramento Tenant Protection Act covers all units leased for residential use under a lease agreement in the City of Sacramento.  Sacramento Municipal Code § 5.156.020.  Leases may be written, verbal, or implied by landlord and tenant conduct.  However, the Sacramento Tenant Protection Act exempts certain units, including:

  • Units in hotels, motels, inns, tourist homes, or room and board homes rented to guests for fewer than thirty (30) days, or other transient occupancies as defined in Civil Code section 1940(b);
  • Units in hospitals, medical care facilities, residential care facilities, asylums, group homes for seniors or the disabled, transitional housing programs for the unhoused, converts or monasteries owner and operated by a religious organization, frat and sorority houses, and dormitories owned and operated by accredited higher education institutions;
  • Units with income-based rent that are owned and operated or subsidized by a government entity or subject to a government affordable housing contract leased to families with an income of 120% of the area median income or below;
  • Units in which the tenant shares a bathroom or kitchen with the property owner;
  • Units that were built after February 1, 1995, as specified on the Certificate of Occupancy (“CO”), or, where no CO exists, the final inspection date;
  • Units in single-family homes, condominium complexes, or stock cooperatives; and,
  • Units that the landlord or the landlord’s immediate family occupancy as their primary residence.  Sacramento Municipal Code § 5.156.030.

Does the Sacramento Tenant Protection Act Cover Mobile Homes?

Yes, mobile homes that are rented – but not the space where the mobile home is located – are covered by the Sacramento Tenant Protection Act if the mobile home was built or manufactured on or before February 1, 1995.  Sacramento Tenant Protection Program Administrative Procedures § 1.05.

Does the Sacramento Tenant Protection Act Protect Subtenants?

Yes, the Sacramento Tenant Protection Act protects subtenants, and any person lawfully residing in the rental unit, provided they have resided in the rental unit for at least twelve (12) months.  Sacramento Tenant Protection Program Administrative Procedures § 1.06.

Does the Sacramento Tenant Protection Act Apply to Property Managers?

Yes, the Sacramento Tenant Protection Act applies to property managers.  Sacramento Municipal Code § 5.156.020.  Under the law, landlord means any person with more than 50% ownership of the unit, or is entitled to collect rent, including their agents or representatives.

Are Sacramento Tenants Charged Any Fees Relating to the Sacramento Tenant Protection Act?

No, Sacramento tenants are not charged any fees relating to the Sacramento Tenant Protection Act.  Landlords, however, must pay a program fee.  Sacramento Municipal Code § 5.156.080.

May Landlords Pass Any Portion of Their Sacramento Tenant Protection Program Fee to Sacramento Tenants?

No, landlords may not pass any portion of their Sacramento Tenant Protection Program Fee to Sacramento tenants.  The fee applies to landlords, and passing on the costs to Sacramento tenants constitutes an unlawful rent increase.  Sacramento Municipal Code §§ 5.156.040, 5.156.050, and 5.156.080.

May Sacramento Tenants Waive Provisions of the Sacramento Tenant Protection Act?

No, any waive of the Sacramento Tenant Protection Act is void as against public policy.  Sacramento Municipal Code § 5.156.100.

How Does California Rent Control Impact the Sacramento Tenant Protection Act?

California Rent Control provides statewide eviction regulation and excessive rent increase protections for California tenants.  California Civil Code §§ 1946.2, 1947.12.  California Rent Control allows for cities to continue enforcing local rent ordinances.  However, California Rent Control applies where local law is silent.  Therefore, California Rent Control will still cover units in Sacramento buildings that are at least fifteen (15) years old but built after February 1, 1995.  For more information about The California Tenant Protection Act of 2019 (“California Rent Control”) click here.

The Sacramento Tenant Protection Act’s Rent Control Protections

The Sacramento Tenant Protection Act’s rent control protections (“Sacramento Rent Control”) keep Sacramento tenants housed by limiting rent increases to the annual rent adjustment, as specified by the City of Sacramento.  Sacramento tenants in covered units may only receive an annual rent increase at or below the annual rent adjustment.

Under the Sacramento Tenant Protection Act, How Much Can A Landlord Increase the Rent?

As stated above, the City of Sacramento announces the annual rent adjustment annually.  The landlord may only increase the rent once per year and the annual rent increase must not be greater than the annual rent adjustment.  Sacramento Municipal Code § 5.156.050.

Effective July 1, 2021, the annual rent adjustment for units covered by the Sacramento Tenant Protection Act is 9%.

The Sacramento Tenant Protection Act’s annual rent adjustment may never exceed ten percent (10%).  However, the landlord may petition the City of Sacramento for permission to increase the rent in excess of the annual rent adjustment.

How Many Days’ Notice Must Sacramento Tenants Receive for a Sacramento Tenant Protection Act Rent Increase?

Sacramento tenants receive only thirty days’ notice for rent increases that are less than ten percent (10%).  California Civil Code § 827.  Where the landlord successfully petitions the City of Sacramento for a rent increase above ten percent (10%), the Sacramento tenant must receive at least ninety (90) days’ notice.  Please note that any rent increase served within the preceding twelve months of the rent increase is included in calculating rent increase percentages relating to required notice periods.

Does the Sacramento Tenant Protection Act Permit Rent Increase Banking?

No, the Sacramento Tenant Protection Act does not permit landlords to bank rent increases to save for later use.

Can Sacramento Tenants Petition the City of Sacramento for a Lower Annual Rent Adjustment?

No, the Sacramento Tenant Protection Act does not permit Sacramento tenants to petition the City of Sacramento for a lower annual rent adjustment.

Can Sacramento Landlords Petition the City of Sacramento for a Higher Annual Rent Adjustment?

Yes, the Sacramento Tenant Protection Act does permit landlords to petition the City of Sacramento for a higher annual rent adjustment.  Sacramento Municipal Code § 5.156.060.  However, the City of Sacramento may only allow the landlord to increase a Sacramento tenant’s rent above the annual rent adjustment where the landlord demonstrates, by a preponderance of the evidence, that the increase is necessary to provide a fair rate of return on the property.

What Factors Will the Sacramento Tenant Protection Program Consider When Determining a Rent Increase Petition?

In determining whether the landlord is obtaining a fair rate of return on the property, the City of Sacramento considers:

  • Property taxes;
  • Unavoidable maintenance and operating expenses;
  • Planned or completed capital improvement costs to the rental unit, but only when necessary for compliance with the Sacramento City Code provisions affecting health and safety.  These costs shall be amortized over the improvement’s useful life;
  • Substantial deterioration of the unit, other than normal wear and tear or due to neglect;
  • The pattern of rent increases or decreases during the Sacramento tenant’s occupancy;
  • Changes in the number of Sacramento tenants occupying the unit;
  • Changes in the costs of Housing Services; and,
  • Any failure to comply with the rental housing agreement, proving Housing Services, or comply with applicable laws and regulations.  Sacramento Municipal Code § 5.156.060.

The City of Sacramento is not permitted to consider:

  • The landlord’s income taxes;
  • The cost of debt service, unless a change in ownership occurs; or,
  • Cost increases for the rental unit that arose before the Sacramento tenant’s occupancy.

Must Sacramento Tenants Receive Notice of the Landlord’s Rent Increase Petition?

Yes, Sacramento tenants will receive notice of the landlord’s Rent Increase Petition prior to the hearing date.  When the landlord files a Rent Increase Petition, every Sacramento tenant that may be affected by the petitioned rent increase must receive a Notice to Tenants of Rent Increase Petition.  The City of Sacramento will notify any affected Sacramento tenant of the hearing date and location at least ten (10) days in advance.

May Sacramento Tenants Oppose the Landlord’s Rent Increase Petition?

Yes, Sacramento tenants may oppose the Rent Increase Petition.  At least five (5) days before the hearing, they must file an Opposition Statement to the Sacramento Tenant Protection Program in person, by fax, or via email.  Alternatively, Sacramento tenants may submit the Opposition Statement at the hearing.  Additionally, any Sacramento tenant that attends the hearing will be allowed to inspect all evidence filed by the landlord at the hearing.

The Hearing Examiner will conduct a hearing at the scheduled time to determine whether to approve or deny the landlord’s petition.  Following the hearing’s conclusion, the Hearing Examiner has thirty (30) days to render a written decision supported by findings of fact.  The Decision will be accessible on the Tenant Protection Program’s website.

Can Sacramento Tenants Appeal A Sacramento Tenant Protection Program’s Adverse Decision?

Yes, any Sacramento tenant that does not prevail when opposing their landlord’s Rent Increase Petition that the Sacramento Tenant Protection Program decides may appeal by filing a Writ of Administrative Mandamus in the California Superior Court.

The Sacramento Tenant Protection Act’s Eviction Protections

The Sacramento Tenant Protection Act’s eviction protections keep Sacramento tenants housed by regulating evictions.  Under the Sacramento Tenant Protection Act, a landlord may only evict a Sacramento tenant that has resided in their home for at least a year with just cause for eviction.  Just cause for eviction means that a landlord can only terminate a tenancy for reasons enumerated in the Sacramento Tenant Protection Act.  When terminating a tenancy, the landlord must provide written notification to the Sacramento tenant of the just cause reason for the termination of tenancy.  A termination of tenancy that fails to comply with the Sacramento Tenant Protection Act’s just cause for eviction protections is unlawful and void.

Under the Sacramento Tenant Protection Act, What Are the Just Cause Reasons A Landlord Can Terminate A Tenancy?

The Sacramento Tenant Protection Act contains seven (7) just cause reasons allowing a landlord to terminate a tenancy.  Unless the landlord asserts a written termination of tenancy notice asserting a lawful just cause, they are not permitted to demand the Sacramento tenant vacate their home, threaten to terminate the Sacramento tenant’s tenancy, serve a notice to quit or other eviction notice, or initiate an eviction action.  Sacramento Municipal Code § 5.156.090(A).  Any tenant disputing a termination of tenancy notice filed under the Sacramento Tenant Protection Act may file a petition for a hearing with the Sacramento Tenant Protection Program.  Sacramento Municipal Code § 5.156.090(B).

Under the Sacramento Tenant Protection Act, the just cause reasons to terminate a tenancy are:

  • Failure to pay rent;
  • Breach of a lease agreement;
  • Criminal and nuisance activity;
  • Failure to allow the landlord lawful access to the unit for at least three days following written notice; as required by California Civil Code section 1954;
  • Necessary and substantial repairs requiring the Sacramento tenant’s temporary displacement;
  • Owner Move-In Eviction/Relative Move-In Eviction; and,
  • Ellis Act Eviction.  Sacramento Municipal Code § 5.156.090(A).

Failure to pay rent

For termination of tenancy notices based on the Sacramento tenant’s alleged failure to pay rent, the landlord must wait three (3) days following the Sacramento tenant’s receipt of the notice to pay rent or quit before moving forward with an eviction.  Sacramento Municipal Code § 5.156.090(A)(1).

Breach of The Lease Agreement

For termination of tenancy notices based on the Sacramento tenant’s alleged breach of the lease agreement, the landlord will only be permitted to file an eviction action in court where the Sacramento tenant continues breaching the lease agreement after being provided with:

  • A written notice to cease;
  • A reasonable period to cure the alleged violation of the lease agreement; and,
  • A notice that the Sacramento tenant’s failure to cure the alleged breach of the lease agreement may result in an eviction lawsuit.  Sacramento Municipal Code § 5.156.090(A)(2).

Please note that the alleged breach must be a material term of the agreement.  Sacramento Tenant Protection Program Administrative Procedures § 1.07.

Necessary & Substantial Repairs

The landlord may temporarily terminate a tenancy to perform any necessary and substantial repairs, provided they obtain all permits necessary to perform the work prior to serving the notice.  Sacramento Municipal Code § 5.156.090(A)(5).  The Sacramento tenant must receive one-hundred-and-twenty (120) days advanced written notice, and the landlord must act in good faith.  The repairs must be substantial, and necessary to bring the Sacramento tenant’s unit into compliance with applicable local and state laws affecting health and safety, provided that the work will take at least thirty (30) days and, before the temporary displacement occurs, the landlord offers the Sacramento tenant a choice of reoccupying the unit for the same rent when the work is complete or occupying a comparable unit at the same rent, if available.  Remodeling or expanding the rental unit is not a necessary and substantial repair.  Sacramento Tenant Protection Program Administrative Procedures § 1.08.

Please note that, in addition to serving a notice of termination of tenancy on the Sacramento tenant, the landlord must file a Notice of Substantial Repairs, supporting documentation, and a copy of the termination notice served on the Sacramento tenant with the Sacramento Tenant Protection Program within thirty (30) calendar days of the termination notice’s date. Sacramento Tenant Protection Program Administrative Procedures § 1.08.  Following the completion of work, the landlord must notify the Sacramento Tenant Protection Program of the work’s completion and submit a Rental Housing Registry Form.

Sacramento Owner Move-In Eviction/Relative Move-In Eviction

Sacramento tenants who receive a tenancy termination for an owner move-in must be provided at least one-hundred-and-twenty (120) days’ advanced written notice.  Sacramento Municipal Code § 5.156.090(A)(6).  The landlord must seek to recover possession of the unit to use as their, or an immediate family members’, primary residence for at least twelve (12) months.  Immediate family members are the landlord’s spouse, domestic partner, parent, grandparent, sibling, child, and grandchild.  Sacramento Municipal Code § 5.156.020.  Please note that an in-law cannot be a qualified tenant for purposes of a relative move-in eviction unless the owner’s spouse is also a property owner.  Sacramento Tenant Protection Program Administrative Procedures § 1.08.  To assert an owner move-in or relative move-in, the landlord must be a natural person with at least 51% ownership of the unit.  Sacramento Municipal Code § 5.156.090(A)(6).

In addition to serving a notice of termination on the Sacramento tenant, the landlord must also file a Landlord Notice of Intent for Owner Move-In and a copy of the termination of tenancy notice served on the Sacramento tenant within thirty (30) calendar days of the termination notice’s date.  Sacramento Tenant Protection Program Administrative Procedures § 1.08.

Where a Sacramento tenant vacates their home before the initial one-hundred-and-twenty-day (120) notice, and the landlord decides not to perform the owner move-in/relative move-in eviction, the landlord must notify the Sacramento Tenant Protection Program and attempt to notify the prior tenant.  The landlord must allow the Sacramento tenant the option to re-rent the unit at their prior rental rate.

Where a landlord fails to move into a rental unit or reside in the rental unit for a year, the displaced Sacramento tenant suffers a wrongful eviction and may file a civil lawsuit against the landlord.

Sacramento Ellis Act Eviction

To invoke the Ellis Act and terminate a tenancy, the landlord must:

  • Provide the Sacramento tenant with at least one-hundred-and-twenty (120) days advanced written notice to the Sacramento tenant;
  • Seek in good faith to recover every unit at the property to withdraw the entire property from the rental market for at least one year; and,
  • Have already filed a Rental Unit Withdrawal Notice with the City of Sacramento.  Sacramento Municipal Code § 5.156.090(A)(7).After recovering possession of the units at the property, only the landlord and their immediate family members may occupy the property, provided the landlord does not charge any rent.  Sacramento Tenant Protection Program Administrative Procedures § 1.08.

Criminal Activity

For termination of tenancy notices based on the Sacramento tenant’s alleged criminal activity, the alleged criminal activity must violate a local, state, or federal criminal law.  Sacramento Municipal Code § 5.1566.090(A)(3).  Please note that this applies to criminal activity the Sacramento tenant allegedly performs in the property’s common areas.

Nuisance Activity

For termination of tenancy notices based on the Sacramento tenant’s alleged nuisance activity, the alleged nuisance activity must disturb the peace, quiet, comfort, or safety of the property’s other tenants in violation of a local or state nuisance law.  Sacramento Municipal Code § 5.156.090(A)(3).  The Sacramento tenant must continue engaging in the nuisance activity following the landlord serving notice to cease.  Please note that this applies to nuisance activity the Sacramento tenant allegedly performs in the property’s common areas.

Money Damages for Landlord Violations of the Sacramento Tenant Protection Act

Sacramento tenants suffering a deprivation of any right under the Sacramento Tenant Protection Act may initiate a civil lawsuit for money damages against their landlord.  Sacramento Municipal Code § 5.156.120.  This includes Sacramento tenants suffering harassment, retaliation, and constructive or wrongful evictions.

To discuss the Sacramento Tenant Protection Act, Sacramento Ellis Act Evictions, Sacramento Owner Move-In Evictions and Relative Move-In Evictions, or California Rent Control (AB 1482), contact Astanehe Law, including by phone or email to speak with a tenant attorney.