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Imperial Beach renters scramble

Hawaiian Gardens and Sussex Gardens inhabitants fear remodel evictions

Tenants of Hawaiian Gardens received a 90-day eviction notice on their doors.
Tenants of Hawaiian Gardens received a 90-day eviction notice on their doors.

The notices to vacate keep coming for tenants of Hawaiian Gardens and Sussex Gardens, neighboring apartment groups on Imperial Beach Boulevard.

Over 100 low-income, elderly and disabled tenants are facing eviction, and many showed up at last week's city council meeting, pleading for help.

"We almost have to stop eating, to pay rent," said Maria Cerda, a senior who struggles to afford her unit. "A few years ago a two-bedroom apartment was about $2,000. Now, I just went to see one, and it's $2,800."

Sussex Gardens – close neighbor of Hawaiian Gardens


That high cost of rent and low inventory makes the "loophole" of a repair eviction a boon to landlords who can then raise rents for the next tenant. Renters make up 70 percent of Imperial Beach. 

Landlords see any new regulation as hurting Imperial Beach's "improvement trajectory," saying the market will correct. "Rent costs are a function of housing costs," said John Becker, who pointed to the high cost of living in California. Taking control of private property through rent control "is simply theft," he added.

On November 5, after a massive campaign by the real estate industry, voters rejected statewide rent control, so residents are asking the city of Imperial Beach to help them by passing a ban on "substantial remodel" evictions. 

Currently, 25 percent of IB residents are coming to Legal Aid for help with an eviction, said Gil Vera, deputy director of Legal Aid Society San Diego. Thirteen percent seek help with no-fault evictions, which arose during the pandemic after a new tenant protection law was passed, prior to which "you didn't need a reason to evict," he said. 

"Now that you need a reason, that's why you see an increase especially in substantial remodel evictions."

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Vera said the strategy can be used to displace an entire building — "as we've seen today."

Legal Aid can help people individually, not as a group of tenants, he said. "The services are available, but they're constrained by the laws that exist." Some cities, for example, have passed laws protecting against remodel evictions. Chula Vista and San Diego both have tenant protection laws that are stricter than the state's — though last month Chula Vista announced that it might loosen its ordinance.

About a week ago, tenants of Hawaiian Gardens received a 90-day eviction notice on their doors from the company "that just bought the apartments for extensive renovations," said resident Alberto Fernandez. "For families like mine, this news is terrifying. For many of our elderly neighbors, it's a crisis."

Joshua Lopez, another resident of Hawaiian Gardens, said some tenants had asked for basic maintenance only to be evicted "on grounds that extensive remodeling needs to take place."

Under state law, landlords must comply with all state and local requirements when evicting a tenant to conduct a substantial remodel of a unit, as not all repairs meet the definition of the term.

To be a substantial remodel, the landlord must "replace or substantially modify a structural, electrical, plumbing or other system in the unit in a way that requires a permit, or abate hazardous materials." 

In addition, the work must not be able to be done safely with tenants in the unit, and must require a tenant to leave for at least 30 consecutive days. Cosmetic renovations don't count. There may also be special protections for protected groups such as seniors.

As of April 1, 2024, the eviction notice must include the work to be done, copies of required permits, and a notice that if the remodel is not started or completed, the tenant may re-rent the unit at the same rent and terms as when they left. 

Some tenants have also seen their utilities skyrocket. "Not only did they raise rent twice in a matter of months, the utilities began to fluctuate wildly when new management took over, said Sandra DeLario.

"The only assistance they gave us was three months, which is no time. The last month of rent we don't have to pay. It may amount to a deposit on a new home — or maybe not with today's rents."

Vera said fear was a common theme among clients facing eviction. And for a lot of them, "sticker shock" in the rental market because they've been in the same home for decades.

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Tenants of Hawaiian Gardens received a 90-day eviction notice on their doors.
Tenants of Hawaiian Gardens received a 90-day eviction notice on their doors.

The notices to vacate keep coming for tenants of Hawaiian Gardens and Sussex Gardens, neighboring apartment groups on Imperial Beach Boulevard.

Over 100 low-income, elderly and disabled tenants are facing eviction, and many showed up at last week's city council meeting, pleading for help.

"We almost have to stop eating, to pay rent," said Maria Cerda, a senior who struggles to afford her unit. "A few years ago a two-bedroom apartment was about $2,000. Now, I just went to see one, and it's $2,800."

Sussex Gardens – close neighbor of Hawaiian Gardens


That high cost of rent and low inventory makes the "loophole" of a repair eviction a boon to landlords who can then raise rents for the next tenant. Renters make up 70 percent of Imperial Beach. 

Landlords see any new regulation as hurting Imperial Beach's "improvement trajectory," saying the market will correct. "Rent costs are a function of housing costs," said John Becker, who pointed to the high cost of living in California. Taking control of private property through rent control "is simply theft," he added.

On November 5, after a massive campaign by the real estate industry, voters rejected statewide rent control, so residents are asking the city of Imperial Beach to help them by passing a ban on "substantial remodel" evictions. 

Currently, 25 percent of IB residents are coming to Legal Aid for help with an eviction, said Gil Vera, deputy director of Legal Aid Society San Diego. Thirteen percent seek help with no-fault evictions, which arose during the pandemic after a new tenant protection law was passed, prior to which "you didn't need a reason to evict," he said. 

"Now that you need a reason, that's why you see an increase especially in substantial remodel evictions."

Sponsored
Sponsored

Vera said the strategy can be used to displace an entire building — "as we've seen today."

Legal Aid can help people individually, not as a group of tenants, he said. "The services are available, but they're constrained by the laws that exist." Some cities, for example, have passed laws protecting against remodel evictions. Chula Vista and San Diego both have tenant protection laws that are stricter than the state's — though last month Chula Vista announced that it might loosen its ordinance.

About a week ago, tenants of Hawaiian Gardens received a 90-day eviction notice on their doors from the company "that just bought the apartments for extensive renovations," said resident Alberto Fernandez. "For families like mine, this news is terrifying. For many of our elderly neighbors, it's a crisis."

Joshua Lopez, another resident of Hawaiian Gardens, said some tenants had asked for basic maintenance only to be evicted "on grounds that extensive remodeling needs to take place."

Under state law, landlords must comply with all state and local requirements when evicting a tenant to conduct a substantial remodel of a unit, as not all repairs meet the definition of the term.

To be a substantial remodel, the landlord must "replace or substantially modify a structural, electrical, plumbing or other system in the unit in a way that requires a permit, or abate hazardous materials." 

In addition, the work must not be able to be done safely with tenants in the unit, and must require a tenant to leave for at least 30 consecutive days. Cosmetic renovations don't count. There may also be special protections for protected groups such as seniors.

As of April 1, 2024, the eviction notice must include the work to be done, copies of required permits, and a notice that if the remodel is not started or completed, the tenant may re-rent the unit at the same rent and terms as when they left. 

Some tenants have also seen their utilities skyrocket. "Not only did they raise rent twice in a matter of months, the utilities began to fluctuate wildly when new management took over, said Sandra DeLario.

"The only assistance they gave us was three months, which is no time. The last month of rent we don't have to pay. It may amount to a deposit on a new home — or maybe not with today's rents."

Vera said fear was a common theme among clients facing eviction. And for a lot of them, "sticker shock" in the rental market because they've been in the same home for decades.

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