Important Update on San Diego Tenant Ordinance Forms

City of San Diego Tenant Protection Forms Delayed: Confusion Looms Without Creation of Required Guide

The City of San Diego Residential Tenant Protection Ordinance (TPO) goes into effect on June 24. SCRHA has drafted the necessary forms to comply with the ordinance and will make those available very soon. Unfortunately, one requirement of the ordinance is that the mandatory notification be accompanied by a Tenant Protection Guide that has yet to be created by the San Diego Housing Commission. However, housing providers have 90 days from the ordinance’s effective date to provide the notification and guide to existing residents. (see ordinance language below)

Sadly, there is no such grace period for newly created or renewed tenancies. Moreover, the City has not provided a timeline as to when the guide might be available. SCRHA has contacted the City for guidance on how members should proceed absent the guide that the City is responsible for creating and maintaining.

Out of an abundance of caution, SCRHA is making the necessary forms available to members, however, they will refer to the Tenant Protection Guide not being available and provided at a later date.

SCRHA will provide an update as soon as possible on this vital compliance matter.

§98.0705 Notice to Tenant of Residential Tenant Protections

(a) A landlord of residential rental property subject to this Division shall provide written notice in no less than 12-point font to the tenant, and in a manner that complies with California Civil Code section 1632, as may be amended, that states as follows:

California law limits the amount your rent can be increased. See California Civil Code section 1947.12 for more information. Local law also provides that a landlord shall provide a statement of cause in any notice to terminate a tenancy. In some circumstances, tenants who are seniors (62 years or older) or disabled may be entitled to additional tenant protections. See Chapter 9, Article 8, Division 7 of the San Diego Municipal Code for more information.

(b) A landlord of residential rental property subject to this Division shall include a copy of the Tenant Protection Guide with the written notice required by section 98.0705(a). The Commission shall prepare and make available on the Commission’s website a Tenant Protection Guide, which shall include educational information and resources for the tenant to understand their rights under this Division and state law, including the rights to quiet enjoyment and habitability of the residential rental property.

(c) For a tenancy in a residential rental property subject to this Division existing before June 24, 2023, the notice required by section 98.0705(a) and the Tenant Protection Guide required by section 98.0705(b) shall be provided to the tenant directly or as an addendum to the lease within 90 days of June 24, 2023.

(d) For a tenancy in a residential rental property subject to this Division commencing or renewed on or after June 24, 2023, the notice required by section 98.0705(a) and the Tenant Protection Guide required by section 98.0705(b) shall be included in the lease, or as a written notice signed by the tenant at the time the lease is signed, with a copy provided to the tenant.