Title
Ordinance Adding Section 5.156.015 to the Sacramento City Code, Relating to the Tenant Protection Program [Passed for Publication 06/17/2025; Published 06/20/2025]
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FileID
File ID: 2025-01192
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Location
Location: Citywide
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Recommendation
Recommendation: Adopt an Ordinance adding section 5.156.015 to the Sacramento City Code, relating to the Tenant Protection Program.
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Contact
Contact: Peter Lemos, Code & Housing Enforcement Chief, (916) 808-8183, plemos@cityofsacramento.org, Community Development Department
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Presenter
Presenter: Peter Lemos, Code & Housing Enforcement Chief, (916) 808-8183, plemos@cityofsacramento.org, Community Development Department
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Attachments
Attachments:
1-Description/Analysis
2-CAA Letter
3-Ordinance
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Description/Analysis
Issue Detail
Issue Detail: On August 13, 2019, the City Council adopted Chapter 5.156 of the City Code, known as the Tenant Protection and Relief Act. The Tenant Protection Program (Program) was established to assist residential tenants with increasing rental rates by establishing limits on annual rent increases and for long term tenants to provide protection from unwarranted lease termination.
On November 19, 2024, three amendments to chapter 5.156 were passed. These amendments were limited to Sacramento City Code sections 5.156.020, 5.156.080, and 5.156.150 and did not amend the just cause eviction protections codified in Sacramento City Code section 5.156.090.
The amendment to Sacramento City Code section 5.156.020 added “substantial repairs” to the list of definitions. The amendment to 5.156.080 added a requirement that all landlords subject to the chapter register all units on the rental housing registry by submitting a form made available by the city. The amendment to section 5.156.150 extended the sunset date from December 31, 2024, to December 31, 2029.
On November 26, 2024, the City Attorney’s office received a letter from the California Apartment Association (CAA). This letter stated a concern that the November 19, 2024, amendments to Chapter 5.156, moved the code out of compliance with California Civil Code section 1946.2(i)(1). The amendment that most concerned the CAA was the addition of the definition for “substantial repairs” which they state is a substantive amendment to the “just cause” provisions of Sacramento City Code chapter 5.156. This letter is provided as Attachment 1-CAA Letter.
The Safe Habor Protection in Civil Code section 1946.2(i)(1)(A) states that a local ordinance requiring just cause for termination of a residential tenancy will apply in lieu of the State’s just cause protections if the ordinance was adopted on or before September 1, 2019. The City’s tenant just cause protections were adopted on August 13, 2019, a month prior to the deadline outlined by section 1946.2(i)(1)(A).
While the City did amend chapter 5.156 in 2024, it did not amend the provisions requiring just cause for termination of a residential tenancy, which were adopted in 2019, a month prior to the deadline. The three amendments that were passed were limited to Sacramento City Code sections 5.156.020, 5.156.080, and 5.156.150, and left the just cause provision untouched.
Because the three amendments that were passed in 2024 did not amend the just cause eviction protections codified in Sacramento City Code section 5.156.090, the Safe Harbor Protection likely still applies to Chapter 5.156. The recommended ordinance amendment ensures compliance with Civil Code section 1946.2(i)(1) by adding an explicit finding that the ordinance is more protective than the state code, rather than potentially having to use the less protective provisions of California Civil Code section 1946.2.
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Policy Considerations
Policy Considerations: The recommended action is consistent with the following Housing Element goals and policies:
• Goal 5: Protect residents at risk of displacement from their homes and their communities
• Policy H-5.2 Strengthen Tenant Protections The City shall explore options to strengthen eviction prevention, limits on annual rent increases, and tenant relocation measures.
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Economic Impacts
Economic Impacts: Academic studies show that rental regulation of units in a city can provide neighborhood stability for renters, particularly a city’s lowest-income residents.
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Environmental Considerations
Environmental Considerations: This report is an administrative activity that does not result in a direct or indirect physical change to the environment. Therefore, this action is exempt from environmental review under CEQA per the CEQA Guidelines section 15378(b)(5).
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Sustainability
Sustainability: There are no sustainability considerations applicable to amending Sacramento City Code 5.156 related to tenant protection.
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Commission/Committee Action
Commission/Committee Action: None
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Rationale for Recommendation
Rationale for Recommendation: The recommended amendment addresses an item that may need clarification within the Code to preserve the effectiveness of the program.
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FinancialConsiderations
Financial Considerations: Not applicable.
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LocalBusinessEnterprise(LBE)
Local Business Enterprise (LBE): Not applicable.
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