Imperial Beach has new eviction protections going into effect this week, but some residents said they don’t go far enough.
Building upon an existing state law, the new rule details specific renovations to a unit that could be safely performed without evicting a tenant and, in the event of a substantial remodel, requires landlords to provide relocation assistance to evicted renters.
Last month, Imperial Beach City Council decided in a narrow 3-2 vote to make the change which will go into effect March 22.
“In my opinion this didn’t go far enough, but it went as far as we could,” Mayor Paloma Aguirre said during the meeting to adopt the new protections, adding that she herself was “evicted overnight” earlier in her life. “I know what it is to be displaced.”
She said that keeping people in their homes and reducing evictions is key to lowering the unhoused population in Imperial Beach.
The changes followed several months of public comments and a petition that garnered 1,700 signatures from residents, pushing for more protections from evictions.
The State Tenant Protection Act is a California law that has been in effect since 2020. It defines when landlords can pursue evictions, including the ability for landlords to evict a current renter if there are plans to “demolish or substantially remodel the unit.”
In the state law, substantial improvements are any renovation or project that requires a permit or is unsafe to perform while a tenant is still living in the space.
Imperial Beach’s new rule requires two months of relocation payments for renters displaced due to substantial improvement projects. Renters who are elderly or disabled must receive three months of relocation payments. This is an increase from the one month of rent that state law already requires landlords to pay tenants who face no-fault evictions.
The law exempts smaller owners, or anyone with fewer than 15 rental units, from the increased relocation payments.
The city rule also clarified what renovation projects do not fall under the “substantial improvement” the state requires to allow an eviction. Among these are painting, decorating, flooring replacement and cabinet, counter or window replacement projects within the unit.
Councilmembers who opposed the changes said that they would like to help protect renters in Imperial Beach, but that local rules could open them to lawsuits.
“I wish we could help everybody but it’s just not possible when you look at the responsibility we have to the entire city,” Councilmember Jack Fisher said.
Councilmember Carol Seabury said that eviction protections should be left to the state. She said that the city does not have enough funds to deal with lawsuits.
Brenda Bautista, an Imperial Beach resident who says she has been to every city council meeting since last May, said in the meeting late last month that she has experienced eviction from a corporation that intended to do significant remodeling.
She said that while she is able to get a job if she needs to cover the costs of finding a new apartment, many of her elderly neighbors may not be.
While many residents in Imperial Beach spoke out in support of the new ordinance, some residents have said it does not go far enough in protecting renters.
Gil Vera, Deputy Director of the Legal Aid Society of San Diego, shared that his parents rent out the other half of their duplex, which is how he defines a small landlord. He said it was disheartening that the council defined smaller landlords as anyone owning fewer than 15 units. Any property owner with that many units is “not a small-time landlord,” but one that can generate significant revenue off of their properties, Vera said.
He said he has personally spoken with many of the community members who have advocated for change. By this definition of a small landlord, the same community members who have campaigned for change would not be protected by the new ordinance, according to Vera.
“Everyday we continue to see people to be displaced, and it’s really disheartening knowing that our governments could do more and it’s a choice–it’s a choice,” Vera said during the meeting last month.
