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Stockton Tenants Facing Retaliation for Reporting Habitability Issues: Sue Your Landlord

Stockton tenants are entitled to habitable homes.  Not only does California law require landlords to make repairs, but the Stockton Residential Rental Unit Inspection and Maintenance Ordinance, codified at Chapter 8.32 of the Stockton Municipal Code, also ensures Stockton tenants obtain repairs when living with intractable habitable issues.  To eliminate blighted housing and enhance the quality of life for Stockton tenants, the Ordinance prohibits retaliation for requesting repairs, specifies standards for handling repairs, and provides relocation for displacements caused by repair work.

Where a Stockton tenant suffers landlord retaliation for reporting uninhabitable conditions to Stockton Code Enforcement – resulting in a Notice of Violation – the tenant has a legal claim for money damages.  The Stockton tenant may sue the landlord in court.  Suffering landlord retaliation for reporting uninhabitable conditions in your home?  Contact Astanehe Law today!

Does the Stockton Residential Rental Unit Inspection and Maintenance Ordinance Cover My Unit?

The Stockton Residential Rental Unit Inspection and Maintenance Ordinance covers all residential rental units in the City of Stockton, including rooming and boarding houses with three (3) units or more on one site.  Stockton Municipal Code § 8.32.030.  The Ordinance also covers parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.

The Stockton Residential Rental Unit Inspection Maintenance Ordinance exempts units in the following buildings:

Hotels, motels, bed and breakfasts, and similar occupancies;

Newly constructed buildings with four (4) or more rental units that are not yet five (5) years old, as measured from the date the certificate of occupancy is issued by the City of Stockton Building Division; and,

Subsidized residential rental units that the government annually inspects.  Stockton Municipal Code §§ 8.32.030, 8.32.120.

Please note that the exemption for newly constructed buildings and subsidized units does not apply where the landlord fails any inspection required by the Stockton Residential Rental Unit Inspection and Maintenance Ordinance.  Stockton Municipal Code § 8.32.120.

Does the Stockton Residential Rental Unit Inspection and Maintenance Ordinance Protect Subtenants?

Yes, subtenants and any person occupying a rental unit is covered under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance.  Stockton Municipal Code § 8.32.040.

Does the Stockton Residential Rental Unit Inspection and Maintenance Ordinance Apply to Property Managers?

Yes, the Stockton Residential Rental Unit Inspection and Maintenance Ordinance applies to property managers.  Stockton Municipal Code § 8.32.040.  Specifically, the Ordinance applies to property owners and any person, entity, or group that oversees the day-to-day property operations, including handling applications, repairs, and collecting rent.

What Does the Stockton Residential Rental Unit Inspection and Maintenance Ordinance Require? 

To comply with the Stockton Residential Rental Unit Inspection and Maintenance Ordinance, the landlord must:

Permit the City of Stockton to inspect their rental units at least once every four (4) years, except if the rental unit is covered under the self-certification program or exempt from the Ordinance; and,

Maintain covered rental units in a habitable condition that complies with applicable State Housing Law, and the Stockton Municipal Code, including the Uniform Code for the Abatement of Dangerous Buildings, and the City of Stockton’s maintenance standards checklist.  Stockton Municipal Code §§ 8.32.050, 8.32.070.

The landlord is permitted to patriciate in the self-certification program where they maintain the rental unit and no existing violations of state or Stockton law exist.  Stockton Municipal Code § 8.32.060.   Under the self-certification program, the landlord will be able to conduct property inspections to satisfy the Stockton Residential Rental Unit Inspection and Maintenance Ordinance, and certify that the unit complies with the law.  Where the City of Stocktonreceives a complaint, and determines the complaint is valid, the landlord can no longer participate in the self-certification program.  They will also be assessed a penalty, charged an inspection fee, and ineligible to re-apply for the self-certification program until the rental unit passes inspection or twelve (12) months.  Alternatively, the landlord may participate in a four (4) hour course, pays all penalties and fees due, and corrects all outstanding violations.  If the landlord or property manager is disqualified from self-certification three times, they become prohibited from participating in the self-certification program for four (4) years.

Will I Receive a Notice Before the City of Stockton Inspects My Home? 

Yes, before a City inspection, the City of Stockton will notify your landlord and you.  Stockton Municipal Code § 8.32.080.  The City of Stockton must post a notice of inspection at the rental unit at least twenty-one (21) calendar days before the inspection. In addition, where the code enforcement officer cancels or re-schedules the inspection, they must provide the Stockton tenant with written notice at least five (5) business days before the inspection.  They also must re-post a notice with the new inspection date at the rental unit.

What Happens Where A Stockton Tenant Refuses to Allow the Code Enforcement Officer Entry to Inspect Under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance?

Where a Stockton tenant refuses to allow a Stockton Code Enforcement Officer entry to inspect a rental unit under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance, the City Attorney may obtain a warrant from court forcing the tenant to acquiesce to the inspection.  Stockton Municipal Code § 8.32.080.

Do Stockton Tenants Owe Any Fees Under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance?

No, Stockton tenants do not owe any fees under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance.  Stockton Municipal Code § 8.32.090.  Only property owners are responsible for paying the residential rental unit inspection fee, a reinspection fee, delinquency fee, and any other fee or penalty that may be assessed under the Ordinance.  A landlord or property manager charging a Stockton tenant a fee under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance is unlawful and likely retaliatory conduct entitling the Stockton tenant to money damages.

Common Habitability Issues Addressed by the Stockton Residential Rental Unit Inspection and Maintenance Ordinance

Common habitability issues the Stockton Residential Rental Unit Inspection and Maintenance Ordinance seeks to address include:

Lack of heat;

Rodent and other vermin infestations;

Hot and Cold running water;

Functioning sewage systems with no sewage overflows;

Functioning electrical system;

Well maintained windows, including equipped with window screens;

Functional water heater;

Plumbing in working order;

Sinks, bathtubs, toilets, and shower surrounds in good, working condition;

No visible mold;

All mechanical equipment (appliances, venting systems, thermostats, and air conditioning units) in good, working order; and,

Flooring in good condition and free of trip hazards.

What Happens Where the Landlord Fails to Keep the Stockton Tenant’s Rental Unit in a Habitable Condition?

When the City of Stockton’s code enforcement officer inspects a Stockton tenant’s rental unit and determines that code violations exist, the officer will issue a written notice of violation ordering the landlord to repair all habitability issues at the property.  Stockton Municipal Code § 8.32.130.

How Long Must Stockton Tenants Wait for Repairs to Uninhabitable Units?

The repair time will depend on the type and severity of habitability issues in the Stockton tenant’s unit and the property.  Stockton Municipal Code § 8.32.130.  Specifically, the City of Stockton may order repairs as soon as twenty-four (24) hours to as long as one-hundred-and-twenty (12) days, all depending on the severity of the repair issue.  Further, the landlord or property manager may request an extension of time from the City of Stockton to allow additional time to make repairs.  However, the City of Stockton will only grant additional time where the landlord makes substantial demonstrable progress towards correcting the violation.

Must the Landlord Provide Relocation Assistance Where Repair Work Requires Stockton Tenant Relocation?

Yes, Stockton tenants must receive relocation payments where repair work addressing habitability issues cited in a notice of violation requires tenant displacement.  Stockton Municipal Code § 8.32.150.  Under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance, Stockton tenants must receive relocation assistance as outlined in the Stockton Relocation Benefits for Displaced Tenants Ordinance, which are an amount equal to the lower of either:

Two times the Stockton tenant’s current rent; or,

An amount equal to the Stockton tenant’s monthly rent at their new home.  Stockton Municipal Code § 1.52.030.

Where the Stockton tenant is required to vacate within seventy-two (72) hours or less time, the Stockton tenant is entitled to relocation assistance as follows:

A base relocation payment, as specified above;

The reasonable and actual costs for up to two (2) weeks of temporary housing;

Moving expenses; and,

The cost to store personal property for up to two (2) weeks.  Stockton Municipal Code § 1.52.040.

Who is Responsible for Paying Stockton Tenant Relocation Payments Under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance?

Under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance, property owners are responsible for paying relocation payments to Stockton tenants displaced from their rental units due to unsafe or hazardous living conditions.  Stockton Municipal Code § 1.52.020.

When Citing a Rental Unit, Will the City of Stockton Provide Notice of a Stockton Tenant’s Right to Relocation Payments Under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance?

Yes, the City of Stockton will provide both the landlord and Stockton tenant with a notice summarizing the Stockton tenant’s right to relocation benefits.  Stockton Municipal Code § 1.52.080.  Please note that the City’s failure to provide this notice does not relieve the property owner of their obligation to provide relocation payments.

Are There Any Circumstances Where Stockton Tenants are not Entitled to Collect Relocation Benefits? 

Yes, Stockton tenants are not entitled to collect relocation payments under the Stockton Residential Rental Unit Inspection and Maintenance Ordinance when:

The Stockton tenant caused or substantially contributed to the unsafe or hazardous living conditions giving rise to the Notice of Violation, as determined by the City of Stockton;

The rental unit becomes unsafe or hazardous as a result of an earthquake, flood, fire, or other natural disaster unrelated to safety or code violations;

The Stockton tenant refuses to move into a habitable unit, as determined by the city, available to the tenant within sixty (60) days following the vacate date.  Stockton Municipal Code § 1.52.070.

How Stockton Tenants Fight Back Against Landlord Abuse of the Stockton Residential Rental Unit Inspection and Maintenance Ordinance?

The Stockton Residential Rental Unit Inspection and Maintenance Ordinance prohibits retaliation.  Stockton Municipal Code § 8.32.180.  Where a landlord evicts a Stockton tenant for exercising their rights under the law, the tenant has a retaliatory eviction claim and may file a civil lawsuit against their landlord.

Additionally, Stockton tenants may contact the City Attorney by phone.

To discuss the Stockton Residential Rental Unit Inspection and Maintenance Ordinance, the Stockton Relocation Benefits for Displaced Tenants Ordinance, Stockton Ellis Act Evictions, Stockton Owner Move-In Evictions,  or California Rent Control (AB1482), contact Astanehe Law, including by phone or email, to speak with a tenant attorney.