If a landlord can show any of the following circumstances with respect to a termination of tenancy, the termination will qualify as a no fault termination:
A. Landlord seeks in good faith to recover possession in order to imminently:
1. Demolish the rental unit.
2. Remove the rental unit permanently from rental housing use pursuant to State law.
B. Subject to § 15.09.320.B.2, landlord seeks in good faith to recover possession of the rental unit for use and occupancy by:
1. (a) Landlord or landlord's spouse, registered domestic partner, children, grandchildren, parents, or grandparents, as a primary place of residence. The rental unit must be occupied as the primary residence within three months of the tenant household vacating the rental unit, and the rental unit must continue to be occupied as the primary residence for at least three years. However, landlord may use this § 15.09.320.B.1 to qualify as a no fault termination only once for a particular person in all rental units in Culver City owned by the landlord.
(b) If the rental agreement was entered into on or after July 1, 2020, this § 15.09.320.B.1 shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the rental agreement allows the landlord to terminate the rental agreement if the landlord, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the rental unit.
2. A landlord may not recover possession of a rental unit pursuant to the provisions of § 15.09.320.B.1 if:
(a) Any tenant in the rental unit has continuously resided in the rental unit for at least ten years, and a member of tenant's household is either: (i) 62 years of age or older; or (ii) disabled as defined in Title 42 United States Code § 423 or handicapped as defined in Cal. Health and Safety Code § 50072;
(b) Any tenant in the rental unit or member of tenant's household is terminally ill as certified by a treating physician licensed to practice in the State of California;
(c) Any tenant in the rental unit is a low-income tenant (low-income tenant means a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to § 8 of the United States Housing Act of 1937, or as otherwise defined in Cal. Health and Safety Code § 50079.5; or
(d) The rental unit is the primary residence of a school-aged (grades Pre-K-12) child enrolled in a school located in the public school district to which the rental unit is assigned, and the notice of termination requires that the rental unit be vacated during the current school term.
3. A landlord may recover possession of a rental unit pursuant to the provisions of § 15.09.320.B.1 if the rental unit has the same number of bedrooms needed by the landlord or the landlord's eligible relative, and only if it is the most recently occupied rental unit in the rental complex, and the tenant of that rental unit is not protected from termination of tenancy pursuant to the provisions of § 15.09.320.B.2. However, a landlord may recover possession of a different rental unit if required because of a medical necessity of landlord or landlord's eligible relative, as certified by a treating physician licensed to practice in the State of California.
C. Landlord seeks in good faith to recover possession of the rental unit in order to comply with a deed restriction, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of extremely low, very low, low, or moderate income, or an agreement that provides housing subsidies for affordable housing for persons and families for extremely low, very low, low, or moderate income, as defined in this code or comparable State or federal statutes.
D. Landlord seeks in good faith to recover possession of the rental unit in order to comply with a government agency's order to vacate, or any other order that necessitates the vacating of the rental unit or the building housing the rental unit, as a result of a violation of this code or any other provision of law.
(Ord. No. 2020-015 § 2)