Skip to content

Rent Control Board considers new threshold to prevent eviction for unpaid rent

Santa Monica City Hall exterior with architectural details, Santa Monica California
The Rent Control Board will hold a public hearing on tenant protection amendments on June 25, 2025.

The Santa Monica Rent Control Board will hold a public hearing Wednesday on a package of proposed tenant-protection amendments to the city's rent control charter, including a measure that would bar landlords from evicting tenants over unpaid rent balances.

The hearing, set for June 25, is the latest step in a months-long process that could send multiple charter amendments to voters in November 2026.

Nonpayment Threshold

The centerpiece of the nonpayment proposal would establish a minimum debt threshold before a landlord could move to terminate a rent-controlled tenancy. Under the proposed language, a landlord could not pursue eviction for nonpayment unless the amount owed exceeds 150% of the fair market rent for an equivalent-sized unit in the Los Angeles-Long Beach-Glendale metropolitan area, as set annually by the U.S. Department of Housing and Urban Development.

The fair market rent is not the amount paid by the tenant and individual tenants could fail to pay rent for different amounts of time depending on the difference between their actual rent and the HUD number.

Current Santa Monica rent control rules allow landlords to terminate tenancies for any unpaid rent to which they are entitled.

The proposal would also require that eviction notices specify the number of bedrooms in the tenant's unit and the applicable 150% fair market rent figure — giving both parties a clear reference point before proceeding.

Comparable thresholds exist in other California cities, though Santa Monica's proposed standard is notably higher. Los Angeles city code sets its threshold at one month's fair market rent, while Berkeley and Oakland both use a single month's equivalent as well. Los Angeles County's threshold is two months' fair market rent.

Household Composition

The board will also consider proposed amendments that would limit a landlord's ability to evict tenants based on changes in household composition.

Under existing rules, landlords can seek eviction if tenants violate lease obligations — which can include having additional occupants. The proposed changes would add new categories of protected occupancy.

For listed family members — including spouses, domestic partners, parents, grandparents, children, grandchildren, siblings, aunts, uncles, cousins, nieces, nephews and dependents — landlords could not terminate a tenancy solely because those relatives moved in, even if their presence exceeds the number of occupants permitted in the lease. Tenants would not be required to seek landlord approval before adding such family members.

A separate provision would protect tenants from eviction when additional occupancy results from the birth, adoption or change of legal custody of a minor child.

For non-family occupants, the proposal would establish a request-and-approval framework. A landlord could not deny an additional occupant if the tenant remains in the unit and the landlord has unreasonably withheld approval after receiving a written request. The proposed language specifies that denying approval based on an occupant's creditworthiness or financial qualifications would be considered unreasonable if that person will not be legally obligated to pay rent. Landlords could legitimately deny requests if they share the unit with the tenant, if the proposed occupant is prohibited by law or deed restriction, or on other legitimate grounds. A landlord who fails to respond within 14 days would be deemed to have approved the request.

All three provisions would be subordinate to state and federal law and applicable affordable housing deed restrictions.

Family Members After Vacancy

The board will also consider expanding protections for family members who remain in a unit after the primary tenant leaves. Current law protects spouses, children and domestic partners who lived in the unit at least one year — but only when the tenant vacates due to death or incapacitation.

The proposed amendment would broaden that protection in two respects: expanding the list of covered relatives to include parents, grandparents, grandchildren, siblings, aunts, uncles, cousins, nieces, nephews and dependents; and removing the requirement that the original tenant vacated due to death or incapacitation. Under the new language, any covered family member who has lived in the unit at least one year when the tenant vacates would be protected from eviction on the grounds of unauthorized occupancy.

Affordable Housing Units

Two additional just-cause eviction grounds are proposed for units subject to affordable housing deed restrictions. One would allow eviction where a tenant does not qualify under deed restriction terms, or is causing a violation, and the landlord is acting in good faith to comply with the restriction. A second would allow eviction where a tenant has refused to provide required proof of income or eligibility after written notice.

A fifth proposal would add a new charter finding declaring that Article XVIII provides greater tenant protections than the California Tenant Protection Act of 2019, which is codified in Civil Code section 1946.2. The finding is intended to preserve the local just-cause framework's applicability to rent-controlled units.

The board approved three separate administrative charter amendments — covering commissioner term limits, the registration fee framework and petition timelines — at its June 11 meeting and has already forwarded those to the City Council. Staff's current target is to have any board-recommended charter amendments ready for City Council consideration at its July 14 meeting.

Comments

Sign in or become a SMDP member to join the conversation.

Sign in or Subscribe