Costa Mesa considers cracking down on unfair evictions, drafting rental protections

In Costa Mesa — where nearly 60% of residents are renters — the threat of eviction looms large, as apartment dwellers fear being displaced from their homes and cast out into an inhospitable housing market. But city leaders hope to change that.

The City Council is considering drafting an ordinance that would enhance protections for renters against unfair or unlawful evictions by landlords. The council members Tuesday directed staff to research eviction trends, look into programs and laws in other cities and return with findings, possible ordinance language and a budget proposal for enforcement.

Costa Mesa has the second highest percentage of renters in the county at 59% (Midway City tops the list at 72%) and is ranked fourth for evictions, according to a report issued earlier this year by Orange County United Way.

City Atty. Kimberly Hall Barlow said City Hall has received multiple complaints from people who’ve been evicted by landlords using false pretenses, such as repairs or remodeling, to force a turnover that will allow them to raise rents.

California’s Tenant Protection Act of 2019 requires just cause for terminating rental agreements, including failure to pay, breach of terms, nuisance and criminal activities. It also caps rent increases at 10% or 5% above the change in cost of living from year to year, whichever is lower, for tenants who’ve lived on a property for a certain length of time.

Some landlords, however, exploit the rules by telling tenants they’re planning to renovate a unit and forcing them to move out, simply to re-rent the same unit at a higher rate without having made the renovations.

“There’s been a pretty significant turnover in Orange County, as I understand it, and in a lot of other communities,” Barlow said. “It’s easier to kick somebody out and rent out the unit at a much higher rate than it is to increase the rent.”

A local ordinance, she said, could institute protections that go even further than the state statute by potentially lengthening the notification period or paying relocation expenses.

Costa Mesa renters spoke in favor of such action, sharing their experiences with landlords who evicted them with little or no reason or used the threat of eviction to avoid making improvements to a property.

One public speaker, who identified herself only as “Silvia,” said she was given two months’ notice to vacate by the property owner, who wanted to renovate the building and increase rates.

“He didn’t give us an option to relocate or move back,” she said, describing the perils of finding a home for herself, two daughters and grandchildren. “It’s really stressful for me to find a place to go with all my family.”

Councilman Manuel Chavez, who represents west side Costa Mesa’s District 4, said conflicts between landlords and tenants and incidents involving eviction are common.

“I’ve lost track of how many people have contacted me because they’re being evicted in my district,” he said. “And it’s always the same story — my apartment is asking me to leave because it’s being rehabilitated. [Then there’s] me, who’s lived here my entire life, who walks into the building and sees the exact same paint and the same issues.”

Councilwoman Andrea Marr said she hoped a new policy might address a serious need.

“Housing is an existential crisis, and we’re not going to see massive improvements in things we want to in our community if we don’t make sure that people are in their homes, stay in their homes and are not subject to abuse,” she said.