Tenant Protections

What are Tenant Protections in Cudahy? 

The city of Cudahy has adopted Tenant Protections to provide tenants eviction protections within the City boundaries. Under the Just Cause Eviction protections of the Ordinance, tenants can only be evicted for one of the "just cause" reasons as summarized below in two categories: At-Fault and No-Fault reasons. 

What is the definition of “Just Cause?” Any eviction for serious or repeated violations of the terms of a lease agreement or occupancy agreement, or for violation of applicable federal, state or local laws or other good cause.

ALL RESIDENTIAL RENTAL UNITS ARE COVERED BY THIS ORDINANCE.


HIGHLIGHTS 


At-Fault Reasons for Evictions 


CMC Section 5.14.050

When a tenant has broken the rental agreement in one or more of the following ways:

  • Failure to pay rent,
  • Material breach of rental agreement,
  • Committing waste,
  • Maintaining, committing, or permitting a nuisance,
  • Committing criminal activity on the property or off the property that is directed at the owner, members of the tenant’s household, or other tenants of the property,
  • Using premises for an unlawful purpose,
  • Failure to sign a substantially similar lease,
  • Assigning of subletting the premises in violation of the lease agreement,
  • Refusing to allow owner to access premises,
  • Failure to vacate after termination of employment, or
  • Failure to move out after providing written notice to terminate the lease.

No-Fault Reasons for Evictions



CMC Section 5.14.060

A tenant who has not broken the rental agreement can still have their lease terminated for the following reasons:

  • Intent to demolish or substantially remodel the residential real property,
  • Withdrawal of residential real property from the rental market per State Law (Ellis Act),
  • Intent to occupy in which the owner or their family member want to move into the residential real property, or
  • Government or court order.

* All no-fault evictions are eligible for relocation assistance.

Relocation Assistance 


CMC Section 5.14.070
  • If no-fault eviction, the landlord must provide tenant(s) relocation assistance equal to 3x the tenant rent in effect at the time of the termination notice plus 1 additional month’s rent for certain qualified tenants (low-income, seniors, disabled, families with minor children, tenancy of 5 years or more).
     
     
  • Temporary relocation assistance is to be provided for tenant(s) who are temporarily displaced due to repairs, rehabilitation, and health and safety concerns at per diem or comparable accommodations.

Buyout Agreements 


CMC Section 5.14.080

The landlord must provide disclosure notice of tenant rights:

  • Has right NOT to enter into buyout negotiations or agreement,
  • May consult with an attorney,
  • May rescind agreement up to 30 days after signing, and
  • May contact the Department for information.

The agreement must be in a language that the tenant understands, and a final copy must be sent to the tenant and City. 


Retaliatory Eviction and Anti-Harassment 


CMC Section 5.14.090

Tenants are protected from retaliatory evictions and landlord harassment.

Landlord and agents cannot:

  • Fail to provide services that violate laws or lease,
  • In bath faith, fails to do repairs, accept rent, ask for information that violates right to privacy,
  • Abuse right to access,
  • Try to influence tenant to vacate through misrepresentation or intimidation,
  • Threaten the tenant with physical harm or language to induce fear or provoke violence,
  • Violate discrimination laws, or
  • Interfere with rights of tenant to organize. 

Notices to Tenants 


CMC Section 5.14.100

Property owners are required to provide written notice of the ordinance and tenants’ rights at:

  • Commencement of a lease, or
  • Renewal of lease. 

The notice shall be written in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English and in a form prescribed by the City.