FAQ - City of San Diego Tenant Protection Ordinance
When did the ordinance go into effect?
The ordinance went into effect on June 24, 2023. There are specific deadlines for certain notifications. Read more below.
Does this apply to properties outside of the City of San Diego?
No. Only City of San Diego properties are subject to the ordinance. This includes La Jolla and San Ysidro. Other jurisdictions do not fall under the ordinance. Click here for a map of City of San Diego zip codes.
Are single-family homes and condos exempt from the ordinance?
Yes. SCRHA fought hard to ensure the same exemptions that exist in state law for AB 1482 are maintained in this ordinance. While the exemption language for the ordinance is slightly different than state law, the definition for the exemption is the same.
(l) residential rental property, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: (1) The landlord is not any of the following:
(A) a real estate investment trust, as defined in California Internal Revenue Code section 856, as may be amended; (B) a corporation; (C) a limited liability company in which at least one member is a corporation; or (D) management of a mobilehome park, as defined in California Civil Code section 798.2, as may be amended.
(2) The tenants have been provided written notice that the residential rental property is exempt from this Division using the prescribed statement.
What do I have to provide to my residents in order to comply?
The ordinance requires mandatory notification to residents. The language is prescriptive and must be provided in writing in no less than 12-point font. Housing providers must also provide residents with a copy of the Tenant Protection Guide when providing the notice. Click here for more information on the proper forms to use and the deadlines to serve notifications to your residents.
How long do I have to comply with the ordinance?
Housing providers whose properties are subject to the ordinance have until September 21, 2023, to provide the mandatory notification and copy of the Tenant Protection Guide to residents for tenancies created prior to June 24, 2023.
For tenancies commenced or renewed on or after June 24, 2023, the notification must be provided and acknowledged by the tenant via the rental agreement or an accompanying addendum with a copy of the Tenant Protection Guide.
For exempt properties, SCRHA recommends providing the notification at your earliest convenience. For a tenancy commenced or renewed on or after January 1, 2024, the exemption notification must be included in the lease.
Do I have to print the Tenant Protection Guide?
At this time, the San Diego City Attorney’s Office has opined that the Tenant Protection Guide must be provided in hard copy format since the notice required that it accompanies must be in written format. SCRHA is working to clarify if there are exceptions for online digital/electronic platforms such as NAA Click & Lease.
I heard that affordable housing properties are exempt. Is this true?
Yes, affordable housing is exempt. This applies to deed restricted housing or housing subject to an agreement that provides housing subsidies for individuals and families of specific incomes. This exemption DOES NOT include the Section 8 Housing Voucher Program. Click here to see a full list of exemptions.
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