Important Update on San Diego Tenant Protection Ordinance
Please Take Action and Speak Up on April 25!
The City of San Diego released its draft Tenant Protection Ordinance, which goes to full the City Council this Tuesday, April 25 at 2:00 p.m. Here is the just-released agenda and staff report. More information on SCRHA’s position can also be found in a previous eblast.
Hearing Details: Please join us at the hearing to have your voice heard!
- Date: Tues. April 25, 2023; 2:00 p.m.
- In-Person Location: City Hall 12th Floor, 202 C Street, San Diego, 92101
- From 12:45 p.m.-1:45 p.m., swing by our booth outside of City Hall for talking points, and to secure a seat early and fill out a speaker slip indicating you wish to speak on Item 330.
- To join virtually: Join by Zoom OR Telephone at 1-669-254-5252; Webinar ID: 160-114-3486
- To speak, “raise your hand” on Zoom or dial *9 when the clerk reaches item 330 and calls on speakers to enter the queue. Unmute yourself or dial *6 by phone when your name is called.
- eComment: Click here to submit eComment on Item 330.
Suggested talking points:
- We appreciate the community-based collaboration to date with Mayor Gloria and Council President Elo Rivera.
- We support the many positives in the latest TPO, especially issues that have been brought into greater consistency with state law, including At-Fault definitions, most No-Fault definitions, and property owner exemptions.
- However, we do have some concerns that we ask to be addressed. For example:
- Substantial Remodel Definitions - while the definition is consistent with state law, the permitting requirements are not. Some abatement work does not require a permit. We need to make sure that these rules aren't punitive for more affordable, older housing stock and that new requirements don’t delay abatement work needed to ensure safe living conditions.
- Definition of Retaliation - the definition is very vague and seems to be an automatic lawsuit for a property owner who terminates tenancy after a tenant refuses a buyout agreement.
- Buyout Agreements - we’re concerned these are being regulated to a point that will diminish this as an option for tenants who often benefit. Getting signed disclosures from every tenant, regardless of whether they are being offered a buyout is overkill and nothing in the draft requires tenants to sign the disclosure.
- Relocation Assistance - the City should consider means testing so that assistance is prioritized for renters who truly need it, not high-income earners. The state’s eviction moratorium provided a framework for this approach.
- We hope the Council will consider these recommendations, which we believe will help ensure greater housing equity for all.
We hope to see you at the hearing to speak in person or virtually and help advance SCRHA’s advocacy. Thank you for your continued support!
*Message below originally sent Tuesday, April 18
Draft San Diego TPO Just In!
SCHRA just received the first copy of the proposed City of San Diego Tenant Protection Ordinance (TPO). We are pleased to report it contains many positives that we have been advocating for at City Hall since October – like consistency with state law. That said, there are a few concerns that we will be working to address in the coming days.
First, let’s start with the positives:
Overall, significant improvements have been made since SCRHA first entered the debate. Still, this is a draft for City Council consideration, and we believe it will require further clarifications to help protect both renters and rental housing providers to ensure greater equity for all.
Chief among our concerns are the following:
- Substantial Remodel Definitions: Proposed permitting requirements are cumbersome and may conflict with State Law definitions related to abatement of hazardous materials that don’t always require a permit. Also, the changes could delay time-sensitive, substantial abatement work needed to ensure safe living conditions. SCRHA supports consistency with AB 1482 definitions and definitions that aren’t punitive to owners of older housing stock.
- First Right of Return: As written, this is an area of concern and one that doesn’t end with the adoption of the ordinance. The City must craft administrative regulations to go with such requirements which means more hurdles and possible pitfalls for housing providers.
- Buyout Agreements: SCRHA is concerned that these agreements are being regulated to a point that will diminish this as an option for tenants who often benefit from such agreements. Moreover, the vague definition of “retaliation” in the ordinance could mean housing providers will find themselves in violation of the law for terminating tenancy at no-fault after a tenant has declined an offer.
- Relocation Assistance: In its current form, 2 months relocation assistance at contract rent would be required, and 3 months for renters who are senior or experience disabilities. While we are pleased that SCRHA’s recommendation for using contract rent instead of HUD rates is included, we continue to press for a framework that contains means testing so property owners don’t pay excessive amounts to high-income earners.
We are working around-the-clock to address concerns and will have up-to-date information soon! In the meantime, please reach out to us if you have questions or feedback as we represent you at City Hall!
*Message below originally sent Friday, April 14
SCRHA has received word that the draft language for the City of San Diego Tenant Protection Ordinance may be available for stakeholder review in the coming days. We are eagerly awaiting the draft document so we can thoroughly evaluate the ordinance and provide you with the necessary talking points to make your voice heard at the Council Hearing, currently slated for April 25. SCRHA is also planning a live webinar a few days prior to the hearing to go over the details and suggested talking points. More info coming soon!
In the meantime, you are encouraged to contact the Mayor and Council President and ask them for a fair and balanced solution. Please see the message below that SCRHA sent earlier this week for their contact information. Also, if you would like to learn more about speaking at a Council Meeting (in-person or virtually) or how to submit written comment, click here. SCRHA will send additional details once the hearing date and docket information is finalized.
Thank you for staying engaged!
Message Below First Published April 11, 2023
This Just In: New San Diego TPO Framework!Since day one, SCRHA has been at the forefront of the City of San Diego Tenant Protection Ordinance (TPO) discussions and a lead resource for City Hall, working closely with Mayor Todd Gloria and Council President Sean Elo-Rivera's office to help ensure a balanced solution that protects both renters and property owners.The last time SCRHA was updated, only seven components remained under consideration that go beyond state law, some of which are not yet final. While we are optimistic about the latest framework, the devil is in the details, and the final language will be critical.
In the interim, please take action and reach out to Mayor Gloria and Elo-Rivera to tell them we need a balanced solution that protects both tenants and property owners:
Mayor Todd GloriaMayorToddGloria@sandiego.gov619-236-6330
Council President Sean Elo-RiveraSeanEloRivera@sandiego.gov619-236-6699
SCRHA at the TableWhile much progress has been made since a TPO discussion framework was released in October, there is more work to be done and we continue to advocate for our members daily. Since October, our representatives have:
- Held almost daily conversations with the Mayor and Council President's office to ensure they have the most relevant, accurate information
- Proposed solutions to a number of issues that have since been incorporated into the latest framework
- Advocated for the creation of the TPO working group, which brought all parties together to ensure a more balanced solution
- Brought a knowledgeable attorney member into discussions to further advance key priorities
Next StepsSCRHA will continue representing our members as the final language is negotiated, and we will send out the final language, expected in the next couple of days, with our recommendations and next steps for member action!Thank you for your ongoing support, and we look forward to continuing to work with you to advocate for a TPO that works for everyone.