Pomona Rent Control

The Pomona Urgency Ordinance’s rent control protections (“Pomona Rent Control”) protect tenants by limiting rent increases to reasonable amounts per year.  For units covered by the law, Pomona Rent Control limits rent increases to no more than four percent (4%) or the change in the Consumer Price Index, whichever less. California Rent Control may protect Pomona tenants not covered by Pomona Rent Control or the Pomona Rent Ordinance.  Click here to learn about the tenant rights provided by California Rent Control (AB 1482).

Am I Covered Under Pomona Rent Control?

Pomona Rent Control covers Pomona tenants in all units except:

• Units with a certificate of occupancy issued after February 1, 1995;
• Single-family homes containing just one unit and condominiums;
• Units in stock cooperatives and community apartment projects, as specified in California Business and Professions Code section 11004.5(b), (d), and (f); and,
• Units subsidized by the government, including Section 8.  Pomona Urgency Ordinance No. 4320 § 2(b).

What is the Maximum Rent Increase Permitted Under Pomona Rent Control?

For units covered under Pomona Rent Control, landlords may not request or receive rent above the maximum amount permitted by law.  Pomona Urgency Ordinance No. 4320 § 2(a).  Pomona Rent Control limits annual rent increases to no more than four percent (4%) or the change in the Consumer Price Index, whichever less.  Pomona Urgency Ordinance No. 4320 § 5(a).  Rent increases failing to comply with Pomona Rent Control are null and void. Please note that the landlord may petition the City of Pomona for relief from Pomona Rent Control. Pomona Urgency Ordinance No. 4320 § 8(a). If the City of Pomona grants the landlord’s petition, the landlord will be permitted to increase the Pomona tenant’s rent in an amount greater than the limitations imposed by Pomona Rent Control. The City of Pomona will only grant a petition where the landlord proves, by a preponderance of the evidence at a hearing, that they are unable to earn a fair and reasonable return due to Pomona Rent Control.

If I Am Covered Under Pomona Rent Control, Can My Landlord Serve Multiple Rent Increases Per Year? 

No, landlords may only serve one rent increase in twelve months where the Pomona tenant is covered under Pomona Rent Control.  Pomona Urgency Ordinance No. 4320 § 5(a)(3).

Does Pomona Rent Control Limit the Initial Rent Set for New Tenancies?

No, Pomona Rent Control does not limit the initial rent landlords may charge Pomona tenants at the inception of their tenancies.  Pomona Urgency Ordinance No. 4320 § 5(b).  Landlords may set initial rent without restriction when beginning a new tenancy in a formerly vacant unit.  However, Pomona Rent Control applies to Pomona tenants in covered units after the landlord sets the rent and the tenancy begins.

If I Am Covered Under Pomona Rent Control, Can My Landlord Increase the Rent if my Unit is Uninhabitable?

Pomona tenants in units covered under Pomona Rent Control are protected from rent increases when facing uninhabitable conditions.  Specifically, Pomona Rent Control forbids rent increases to such units where the landlord fails to maintain or repair habitability issues in violation of California Civil Code section 1941.1.  Pomona Urgency Ordinance No. 4320 § 5(d).  Pomona tenants facing rent increases despite living in uninhabitable conditions may petition City of Pomona to invalidate the unlawful rent increase and obtain the return of any unlawfully collected rent.

If I Am Covered Under Pomona Rent Control, Can I Lower My Rent for Uninhabitable Conditions or Other Decreases in Housing Services?

Yes, Pomona tenants living in units covered under Pomona Rent Control may petition the City of Pomona to lower their rent when living in uninhabitable conditions or suffering some other loss of service, such as the loss of use of their garage space.  If the tenant is successful, the City of Pomona will order the landlord to decrease the Pomona tenant’s rent until the landlord rectifies the repair issues or restores the decreased or lost housing service.

The Pomona Rent Ordinance’s Eviction Protections

The Pomona Urgency Ordinance also contains a provision requiring just cause when attempting to terminate a Pomona tenant’s tenancy.  These provisions regulate why a landlord may evict a tenant and require relocation payments to Pomona tenants for certain no-fault evictions.  Pomona tenants forced from their home in violation of this provision have suffered a wrongful eviction, and may recover money damages in a civil lawsuit.

Am I Covered Under the Pomona Rent Ordinance’s Just Cause for Eviction Protections Provisions?

All units within the City of Pomona are covered under the Pomona Rent Ordinance’s just cause for eviction protection provisions.  Pomona Urgency Ordinance No. 4320 § 4.  Accessory dwelling units and unpermitted units are covered.

What Are the Just Causes for Eviction Under the Pomona Rent Ordinance?

 The Pomona Rent Ordinance provides x just cause reasons for evictions.  Under the law, Pomona tenants may only be required to vacate their homes where the landlord serves valid written notice terminating the tenancy expressly stating a just cause reason for the termination.  The just cause reasons for terminating a tenancy specified in the Pomona Rent Ordinance are:

1. The Pomona tenant failed to pay rent within three (3) days of receiving written notice from the landlord demanding payment;
2. The Pomona tenant violated a material term of the lease agreement and failed to cure the violation within ten (10) days after receiving written notice from the landlord of the violation;
3. The Pomona tenant continues, after receiving lawful written request, to refuse to allow reasonable access to the landlord in accordance with California Civil Code section 1954;
4. The Pomona tenant, or their guest, is causing damage or a nuisance to the rental unit or common area, or otherwise interfering with the comfort, safety, or enjoyment of any other resident at the property. Nuisance includes creating unsanitary conditions, gang-related crime, drug dealing, noise complaints, steady traffic to and from the unit, barricaded units, displaying weapons, or drug loitering;
5. The Pomona tenant, or their guest, is using the unit, or common areas, for an illegal purpose, such as committing a crime, or threatening violent crime;
6. The landlord seeks to demolish the rental unit;
7. The landlord seeks to perform an Ellis Act Eviction, and remove the unit permanently from the rental housing market;
8. The landlord seeks to perform work on the unit or building, and:
   1. The work costs not less than eight (8) times the amount of the monthly rent times the number of rental units upon which such work is performed;
   2. The work will render the Pomona tenant’s rental unit uninhabitable for at least thirty (30) days.
9. The landlord seeks to recover the rental unit to perform an owner move-in or relative move-in eviction;
10. The landlord seeks to recover the rental unit to comply with a government agency’s order to vacate; and,
11. The landlord seeks in good faith to recover possession of the rental unit to comply with a contractual agreement relating to the qualifications of tenancy with a government entity, where the tenant is no longer qualified. Pomona Urgency Ordinance No. 4320 § 6.

What Must Landlords Serve Pomona Tenants When Terminating A Tenancy Covered Under the Pomona Rent Ordinance?

Landlords must serve the following on Pomona tenants when terminating a tenancy covered under the Pomona Rent Ordinance:

• 30/60 day written notice of termination of tenancy stating a lawful just cause reason for the termination;
• Relocation payment, if applicable;
• Written notice of the Pomona tenant’s right to relocation assistance.

Additionally, the landlord must submit a copy of the notice of termination to the City of Pomona along with a proof of service indicating service on the tenant.  Pomona Urgency Ordinance No. 4320 § 6(b)(4).

A landlord’s failure to comply with these requirements renders the termination of tenancy notice void.  The Pomona tenant need not vacate their unit until the landlord serves a valid termination of tenancy notice complying with the law.  Further, any landlord non-compliance shall oprate as a defense in an unlawful detainer (eviction) action based on the invalid termination of tenancy notice.

Does the Pomona Rent Ordinance’s Just Cause for Eviction Protections Provisions Apply to Termination of Tenancy and Eviction Notices Served Before But Take Effect August 1, 2022?

For Pomona tenants facing termination of tenancy notices and eviction notices served before August 1, 2022, but taking effect after that date, the notice is not valid so long as the Pomona tenant has not vacated their rental unit.  Pomona Urgency Ordinance No. 4320 § 6(a).

If I Am Covered Under the Pomona Rent Ordinance, What Happens if My Landlord Accepts Rent After the Termination of Tenancy Notice Expires?

Where a Pomona tenant remains in their home after a termination of tenancy notice expires and pays rent, the termination of tenancy notice becomes invalid by virtue of the landlord accepting the Pomona tenant’s tender of rent.  Pomona Urgency Ordinance No. 4320 § 6(b)(2).

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 Pomona 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

A Pomona 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:

1. 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;
2. 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;
3. 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;
4. 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,
5. 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.

May Pomona Tenants Waive Their Rights Under the Pomona Rent Ordinance?

No, Pomona tenants may not waive their rights under the Pomona Rent Ordinance.  Pomona Urgency Ordinance No. 4320 § 13.  Should a Pomona tenant happen to enter into a waiver, the waiver will be found to be void.

What Damages May Pomona Tenants Recover for Landlord Violations of the Pomona Rent Ordinance?

The Pomona Rent Ordinance contains a private right of action for landlord violations, such as unlawful rent increases and wrongful evictions.  Pomona Urgency Ordinance No. 4320 § 10.  Under the law, a prevailing tenant may recover their attorney fees and court costs.

Alternatively, Pomona tenants may file a petition with the City of Pomona to invalidate an unlawful rent increase.  Pomona Urgency Ordinance No. 4320 § 8.  Here, the Pomona tenant bears the burden of proving, by a preponderance of the evidence at a hearing, that the proposed rent increase violates the Pomona Rent Ordinance.

To discuss the Pomona Rent Ordinance, Pomona Ellis Act Evictions, Pomona Owner Move-In Evictions, Pomona wrongful evictions, Pomona Rent Control, or California Rent Control (AB 1482) with a tenant attorney, contact Astanehe Law.

Last updated: September 3, 2022

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