City Of Pasadena Reinforces That Arbitrary Evictions and Predatory Rent Increases Are Prohibited

PASADENA, Calif.- As highlighted in an earlier City of Pasadena press release on January 16, 2025, Pasadena's robust eviction and rent increase protections remain in effect during the ongoing local declared emergency related to the winds and fire. These protections, created by the Pasadena Fair and Equitable Housing Charter Amendment (Article XVIII), include civil, criminal, and administrative remedies for those who violate the City Charter. Additionally, as previously indicated in an earlier press release on January 13, 2025, price gouging also remains illegal during the declared local emergency.

• Eviction Protections: Under Article XVIII, landlords may only evict a tenant for "just cause." Failure to articulate one of the just cause grounds listed in Article XVIII invalidates any eviction notice issued. Failure to comply with Article XVII's notice requirements creates an affirmative defense to an eviction lawsuit.

Rent Increase Protections: Rent may only be increased once every 12 months. Currently, the maximum rent increase is 3.0%.Tenants may challenge improper rent increases via petition. Landlords cannot raise rent if they have failed to follow to city rules, keep units habitable, or make required repairs.

Anti-Harassment Protections: Landlords cannot harass or retaliate against tenants for exercising their legal rights, including participation in tenant advocacy activities. Such retaliation is a defense to eviction.

• Enforcement: Violators may be subject to civil, criminal, and administrative enforcement mechanisms. Tenants, the Pasadena Rental Housing Board, or the City Attorney/City Prosecutor's office may, and will enforce Article XVIII. In a civil suit, a landlord is liable to a tenant for actual damages, as well as reasonable attorney's fees and costs. Additionally, upon a showing that a landlord has acted willfully or with oppression, fraud, or malice, the tenant will be awarded treble damages.

If a tenant declines to bring a civil or administrative action, the Rental Housing Board or the City Attorney may bring such an action or settle the claim on the tenant's behalf. Violations of Article XVIII are also punishable administratively by way of a fine. In addition to administrative penalties, any person who violates Article XVIII may be prosecuted for a misdemeanor or an infraction in accordance with the Pasadena Municipal Code, in the discretion of the City Attorney or City Prosecutor, or their assistants.

• Defense to Action to Recover Possession: A landlord's failure to comply with any of the provisions Article XVIII, or the established regulations , may be raised as an affirmative defense in an unlawful detainer or other action brought by the Landlord to recover possession of the Rental Unit. Any and all violations constitute an affirmative defense to such an action.
• Price Gouging: As further detailed in the City's January 13, 2025 press release, the anti-rent gouging provisions of California Penal Code section 396 remain in effect. Landlords may not charge rent that is more than 10% higher than the amount charged before the emergency declaration. State law further prohibits landlords from evicting tenants in order to charge rent that is higher than the amount they could have charged the previous tenants.

Penalties can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. During the current emergency, in particular, the public should be aware that violations of the law regarding the protections under the City Charter and anti-price gouging will not be tolerated, and will be pursued as appropriate.

If you suspect you have been the victim of price gouging that occurred in the City of Pasadena, please report it to the Pasadena Police Department at 626-744-4241.