How to Use it

Just cause eviction controls exist in many cities around the nation and are established by city councils or through ballot initiatives.

 

JCEC vary. Most ordinances:

  • Apply only to owners of a building or complex that has more than a certain number of dwelling units (typically five or more units);
  • Protect tenants who are in danger of eviction by a bank as part of a foreclosure case against the landlord; and
  • Protect tenants who are low and fixed income, people of color, students, physically disabled, elderly (over 60), or have catastrophic illness.

Some Jurisdictions with JCEC

  • Los Angeles
  • West Hollywood
  • San Francisco
  • Chicago
  • Seattle
  • New Jersey
  • New York
  • Washington D.C.

Strong JCEC ordinances feature:

  • Enforcement mechanisms.   To be effective, enforcement must be tough and vigilant.  The ordinance must include measures that apply strict penalties to landlords who illegally evict tenants.  This can include fines to the city, money paid to the tenant(s), and reinstatement of the evicted tenant(s).
  • Expedited process to deal with unjust evictions.  Once an eviction is issued, tenants do not have much time to fight the eviction, usually only 30 days.  A strong ordinance will offer safety nets for tenants until their cases can be reviewed.
  • Community awareness.   Community awareness is critical to ensure the success of JCEC.  Ways of increasing community activity includes: Grassroots Organizing.   Residents need to know their rights as tenants and the increased need for maintaining such controls.  Grassroots educational campaigns are a vehicle for building a base of informed and organized tenants.  Workshops.   This can include offering legal expertise and how-to seminars.

Examples of Actions that can Lead to a Just Cause Eviction

  • Failure to pay rent.
  • Use of premises for illegal purposes.
  • Failure to follow rules and regulations the landlord has drawn up for tenants in the building.
  • Failure to meet obligations toward the property as required by state law (e.g. creating a nuisance, causing substantial damage, disturbing the neighbor's peace and quiet, or failing to keep unit clean and safe).
  • Owner permanently removes apartment from the housing market.
  • Landlord takes apartment for use by immediate family members.