National Housing Law Project Section 8 Housing

TO: California Housing Advocates

FROM: National Housing Law Project

RE: 90-day Notice for Termination of Tenant-Based Section 8 Assistance in California

DATE: June 2001

California Civil Code section 1954.535 requires an owner to provide a 90 day notice to a tenant of a termination or failure to renew a government contract. This statue is applicable to Section 8 tenant-based contracts for units in rent control and non-rent control jurisdictions. During the 90 day period, the tenant’s portion of the rent cannot be increased.

The statue provides in pertinent part as follows:

Where an owner terminates or fails to renew a contract or recorded agreement with a governmental agency that provides for rent limitations to a qualified tenant, the tenant or tenants who were the beneficiaries of the contract or recorded agreement shall be given at least 90 days' written notice of the effective date of the termination and shall not be obligated to pay more than the tenant's portion of the rent, as calculated under the contract or recorded agreement to be terminated, for 90 days following receipt of the notice of termination of [sic] nonrenewal of the contract

Attached to this packet are the following:

1. NHLP Memorandum Re: Does California Civil Code section 1954.535 which requires an owner to provide a 90 day notice to a tenant of a termination or failure to renew a government contract apply to federally assisted tenant-based contracts for units in non-rent control jurisdictions? (May 5, 2001)

2. NHLP Memorandum Re: SB 1098 and Rent Control Jurisdictions (June 6, 2001)
   
3. Demurrer

Michael McGinnis v. Ronakee Austin, Case No. VCM083390 (Solano County Court of the State of CaliforniaVallejo-Benicia Municipal Court, Demurrer by Defendant Ronakee Austin to Plaintiff's Complaint in Unlawful Detainer; Notice of Hearing on Demurrer; Points and Authorities in Support of Demurrer, March 15, 2001)

4. Trial Brief

Anza Management Company v. Annette Osborne, Case No. 01U00296 (Superior Court of California County of Los Angeles, Trial Brief, March 28, 2001)

5. Summary Judgment

Barrantes v. Frenette, Case No. 01B02324 (California Superior Court Los Angeles, Motion by Defendant for Summary Judgment, May 9, 2001)

6. Trial Court Order
   Anza Management Company v. Annette Osborne, Case No. 01U00296 (Superior Court of California County of Los Angeles, Trial Brief, March 28, 2001) (Section 8 tenant resided in non-rent control jurisdiction)
   
7. City of Napa, City Attorney's Memorandum, Re: Applicability of Sentant Bill 1098 in Non-Rent Control Jurisdictions (August 8, 2000)
   
8. Notice to Tenants regarding 90 day notice and form letter for tenant to advise landlord of 90 day notice. (Prepared by Legal Services of Northern California)
   
9. Letter to PHA advising it of the 90 day notice provision and requesting implementation (Prepared by Legal Services of Northern California)
   
10. Partial List of California Housing Authorities that are advising Section 8 tenant-based landlords that they must give tenant a 90 day notice when terminating the Section 8 subsidy.
    
11. Additional Information:

A. California Leads the Way: First State to Provide Non-Project-Based Section 8 Tenants a 90-Day Notice of Contract Termination, 30 HOUS. L. BULL. 19 (Feb. 2000)

B. California's 90-Day Notice Requirement for Termination of Section 8 Contracts Precludes Rent Increases During 90-Day Term to All California Jurisdictions, 30 HOUS. L. BULL. (Aug. 2000).

C. California Section 8 Tenants Are Entitled to a 90-day Notice of Lease Termination, 31 HOUS. L. BULL. 117 (May 2001)

D. Wasatch Property Management v. Degrate, (Civ. No. D0 39656, Calif. Court of Appeals, 4^th District 1, Nov. 19, 2002). Click here for the brief. Click here for the opinion.