Owner Move-In Evictions & Relative Move-In Evictions Under the Pomona Rent Ordinance
Under the Pomona Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in or relative move-in eviction, which requires the owner or a qualified relative to reside in the recovered home following the Pomona tenant’s displacement. Despite being a lawful just cause for eviction, the owner, or their qualified relative, must comply with the Pomona Rent Ordinance’s strict rules governing this eviction method. Their failure to comply with the Pomona Rent Ordinance when performing an owner move-in or relative move-in may result in the Pomona tenant being able to bring a claim for wrongful eviction in court for money damages.
Owner Move-In & Relative Move-In Evictions Defined Under the Pomona Rent Ordinance
An owner move-in eviction occurs where the landlord seeks to recover possession of the Pomona tenant’s home in good faith for their use and occupancy. Pomona Urgency Ordinance No. 4320 § 6(d)(2). A relative move-in eviction occurs where the landlord seeks to recover possession of the Pomona tenant’s home in good faith for their spouse, registered domestic partner, children, grandchildren, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law, as their primary place of residence. Additionally, the landlord may recover the Pomona tenant’s home for a resident manager to reside as their primary place of residence. Further, the landlord may recover a Pomona tenant’s home for a tenant requiring an occupancy agreement and intake, case management, or counseling as part of their tenancy.
Under the Pomona Rent Ordinance, the landlord may not effectuate a resident manager move-in eviction where an alternative vacant unit is available for occupancy.
How Long Must the Landlord or Qualified Relative Reside in the Unit Following An Owner Move-In or Relative Move-In Eviction?
Following a Pomona tenant’s displacement from their home due to an owner move-in or relative move-in eviction, the landlord or qualified relative must reside in the unit as their primary residence for at least twelve (12) months. Pomona Urgency Ordinance No. 4320 § 6(d)(2)(b).
Following an Owner Move-In or Relative Move-In Eviction, How Long Can the Landlord or Qualified Relative Wait Before Actually Moving into a Pomona Tenant’s Former Home?
Three (3) months. Pomona Urgency Ordinance No. 4320 § 6(d)(2)(b). The landlord or qualified relative must move into and occupy, as their primary residence, a unit recovered from a Pomona tenant pursuant to the Pomona Rent Ordinance’s owner move-in or relative move-in eviction law within three (3) months.
Which Pomona Tenants are Protected from an Owner Move-In or Relative Move-In Eviction?
Under the Pomona Rent Ordinance, a landlord may not perform an owner move-in or relative move-in eviction on the following Pomona tenants:
- The Pomona tenant has resided continuously in their home for at least ten (10) years and is either:
- Sixty-two (62) years old; or,
- Disabled as defined by Title 42 U.S.C. section 423 (SSI/SSDI disabled) or handicapped as defined by California Health & Safety Code section 50072;
- The Pomona tenant is terminally ill as certified by a treating physician licensed in the State of California.
In a rather unique limitation, the Pomona Rent Ordinance considers the seniority of the tenancy itself in protecting from owner move-in and relative move-in evictions. Under the law, landlords must recover possession from the most recent tenant in the building that occupies the unit size the landlord or qualified relative requires for their occupancy. Where that tenant is protected, the landlord may skip to the next most senior tenant that is not protected. However, where the landlord or qualified relative has a certified medical necessity, they may disregard the Pomona Rent Ordinance’s seniority requirement.
Relocation Assistance for No-Fault Evictions Under the Pomona Rent Ordinance
Under the Pomona Rent Ordinance, landlords must provide relocation assistance for no-fault evictions, including owner move-in evictions, relative move-in evictions, Ellis Act evictions, and demolition evictions. Pomona tenants are entitled to relocation assistance of two (2) times the current rent, plus an additional one thousand dollars ($1,000.00). The landlord must tender one-half (1/2) of relocation assistance to the Pomona tenant no later than five (5) business days following service of a notice of termination of tenancy on the Pomona tenant, and one-half (1/2) of the remaining relocation assistance no later than five (5) business days after the Pomona tenant vacates their home.
Pomona tenants in unlawful or unpermitted units are still entitled to relocation assistance. Pomona Urgency Ordinance No. 4320 § 7(e).
When serving a no-fault termination of tenancy notice on a Pomona tenant, the landlord must provide notice of the right to relocation assistance. Such notice shall be substantially consistent with the following: “Pursuant to the requirements of Section 7 of the City’s Urgent Rent Control Measures, a landlord must provide qualifying tenants this notice of the tenant’s eligibility for relocation assistance at the same time the landlord provides a notice of termination of tenancy. Qualifying tenants are entitled to a relocation fee in the amount of two (2) times Tenant’s current Rent in effect, plus one thousand dollars ($1,000.00).”
Certain Pomona tenants are not entitled to relocation assistance, they are:
- The Pomona tenant received written notice, before leasing the unit, that an application to subdivide the property for condominiums or other type of property, was on file with the City of Pomona, or had been approved, and that the landlord planned to demolish the building;
- The Pomona tenant received written notice, before leasing the unit, that an application to convert the building into condominiums was on file with the City of Pomona or had been approved;
- The landlord seeks to recover the Pomona tenant’s rental unit for use and occupancy by a resident manager, provided the resident manager is replacing the existing resident manager in the same unit. Please note that a resident manager cannot include the landlord, or their spouse, children, or parents;
- The landlord seeks in good faith to recover possession of the unit to comply with a government agency’s order to vacate the building and unit due to hazardous conditions created by a natural disaster or act of God; or,
- The tenant receives relocation assistance from another government agency as part of the eviction, and such an amount is equal to or greater than the amount provided under the Pomona Rent Ordinance.
My Former Landlord Violated the Pomona Rent Ordinance, Do I have a Claim?
Yes, you may have a claim for wrongful eviction, which could entitle you to money damages. Read more here. To discuss the Pomona Rent Ordinance, Pomona Ellis Act Evictions, Pomona Owner Move-In Evictions, Pomona Rent Control, Pomona wrongful evictions, or California Rent Control (AB 1482) with a tenant attorney, contact Astanehe Law.
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