9.65.040 Residential tenancies not subject to this chapter.
This chapter shall not apply to the following types of residential tenancies or circumstances:
A. Single-family Owner-occupied residences, including a mobile home, in which the Owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
B. A property containing two separate dwelling units within a single structure in which the Owner occupied one of the units as the Owner’s principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
C. A Residential Rental Unit that is alienable is separate from the title to any other dwelling unit; provided, that both of the following apply:
1. The Owner is not any of the following:
a. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
b. A corporation.
c. A limited liability company in which at least one member is a corporation.
d. Management of a mobile home park, as defined in Civil Code Section 798.2.
2. The Tenants have been provided written notice that the Residential Rental Unit is exempt from this section using the following statement:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to Just Cause requirements of Section 1946.2 of the Civil Code and Chapter 9.65 of the Chula Vista Municipal Code. This property meets the requirements of sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and section 9.65.040(C) of the Chula Vista Municipal Code, and the Owner is not any of the following: (1) a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
For a Tenancy existing before March 1, 2023, the notice required above may, but is not required to, be provided in the rental agreement. For a Tenancy commenced or renewed on or after March 1, 2023, the notice required above shall be provided in the rental agreement. Addition of a provision containing the notice required above to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of CVMC 9.65.060(B)(5).
D. A homeowner in a mobile home, as defined in Civil Code Section 798.9 or a tenancy as defined in Civil Code Section 798.12. This chapter shall also not apply to a nonowner Tenant of a mobile home. Instead, a nonowner Tenant of a mobile home shall retain the rights stated in the State Tenant Protection Act.
E. Transient and tourist hotel occupancy as defined in Civil Code Section 1940(b).
F. Any residential occupancy by reason of concession, permit, right of access, license or other agreement for a period for 30 consecutive calendar days or less, counting portions of calendar days as full days, including Short-Term Rental occupancies as defined in Chapter 5.68 CVMC.
G. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly as defined in Health and Safety Code Section 1569.2, or an adult residential facility as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
H. Residential Property or Dormitories owned by the City, an institution of higher education, or a kindergarten and grades one to 12, inclusive.
I. Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental Unit.
J. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code Section 50093, or subject to an agreement that provides housing subsidies for affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code Section 50093 or comparable federal statutes. This exclusion shall not apply to a Tenant with a Section 8 Housing Choice Voucher and such Tenancies shall be governed by this chapter. (Ord. 3527 § 2, 2022).