Santa Ana | Rent Rules and Historic Homes

Santa Ana Rent Stabilization, Just Cause Eviction and Historic Homes: What Applies When You Replace an Existing Home

Most multiplex sites in Santa Ana already hold a home. Two sets of City rules decide what happens to it. The Rent Stabilization and Just Cause Eviction Ordinance, in Chapter 8 of the Municipal Code, limits rent increases and sets what an owner owes a tenant when a home is torn down or rebuilt. Chapter 30 protects historic buildings and districts. This page covers both, as of Supplement 33 Update 1, and how they decide whether state laws such as SB 9 can be used. The Santa Ana overview sums up the guide.

The Rent Stabilization Ordinance

Article XIX of Chapter 8 is titled the City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance (Section 8-3100). The current text comes from Ordinances NS-3027 of October 18, 2022, NS-3052 of October 17, 2023 and NS-3073 of November 5, 2024. Its definitions refer to "November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance)." A rental unit is any building or part of one offered for rent for people to live in, with the land and services that go with it (Section 8-3102).

The rent cap is in Section 8-3140: "Increases in Rent on Residential Real Property or Mobilehome Spaces in the City of Santa Ana in excess of three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less, and more than one Rent Increase in any twelve (12) month period, are prohibited." The index is the federal consumer price index for the Los Angeles-Long Beach-Anaheim area. If it falls, no increase is allowed. The City announces the figure by June 30 each year, effective September 1. Its Rent Stabilization page says "2.87 percent is the maximum allowable rent increase for the period of September 1, 2026 through August 31, 2027."

That cap is tighter than the statewide one. Civil Code 1947.12, the state Tenant Protection Act, allows "5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower." The state law does not apply to housing under a local rent control law "that restricts annual increases in the rental rate to an amount less than" the state cap, so units under Santa Ana's ordinance follow the City cap.

Which Homes Are Exempt

Source: Santa Ana Municipal Code Section 8-3147 and Section 8-3120 (e), Supplement 33 Update 1; Civil Code 1954.52.

The exemptions matter most to a builder. Under the state Costa-Hawkins Act, which limits local rent control, Section 8-3147 (a) exempts "any Residential Real Property that has a certificate of occupancy issued after February 1, 1995." Civil Code 1954.52 says the same: an owner "may establish the initial and all subsequent rental rates" for a unit that "has a certificate of occupancy issued after February 1, 1995." So homes in a new Santa Ana multiplex are exempt from the 3 percent cap. They also fall under the 15-year exemption in the just cause rules for that period. An exempt owner must still file a claim of exemption each year: "If the written declaration and supporting documents are not submitted by July 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article" (Section 8-3160 (d)).

Ending a Tenancy to Demolish or Rebuild

Once a tenant has "continuously and lawfully occupied a Residential Real Property for thirty (30) days," the owner may end the tenancy only for just cause, a reason listed in the ordinance (Section 8-3120 (a)). The list has two groups. At-fault causes include unpaid rent and serious lease breaches. No-fault causes are the owner or close family moving in, taking the property off the rental market for at least 24 months by affidavit, a government order, and "Intent to demolish or to substantially remodel the Residential Real Property."

A substantial remodel means "the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit," or hazardous material removal, "that cannot be reasonably accomplished in a safe manner with the Tenant in place and that requires the Tenant to vacate the Residential Real Property for at least thirty (30) days." Cosmetic improvements "do not qualify as a substantial remodel." After a remodel, the owner must offer the tenant the chance to move back, and "In the event the Owner seeks to rent the remodeled unit within six (6) months following the completion of the remodeling work, the evicted Tenant shall have the right of first refusal."

Every no-fault notice carries a payment. The owner must, "regardless of the Tenant's income," either pay relocation assistance or waive rent, and "The amount of relocation assistance or Rent waiver shall be equal to three (3) months of the Tenant's Rent." A payment is due "within fifteen (15) calendar days of service of the notice." The notice must name the just cause and be filed with the City "within five (5) days after service" through the Rental Registry portal (Section 8-3121). "An Owner's failure to strictly comply with this section shall render the notice of termination void." It is also a defense to a no-fault eviction if a resident under 21 is enrolled in school during the term (Section 8-3120 (h)).

The rental registry is a separate duty. Section 8-3160 requires landlords to register each rental unit and file again each year, and says no landlord may "evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate." The City's Rental Registry page lists the fee as $100.00 per unit from June 1 to July 31, 2026, rising to $104.00 on August 1, and the adopted FY 2026-27 fee schedule lists $104.00 per unit. A landlord who pays on time may pass up to half the fee to the tenant in 12 monthly payments (Section 8-3161 (d)).

How Tenants and Rent Control Limit State Housing Laws

Several state laws refuse to apply where tenants live or rents are controlled, so Santa Ana's ordinance can decide whether they are available.

• SB 9. Government Code 65852.21 bars an SB 9 project that would demolish or alter "Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power" or "Housing that has been occupied by a tenant in the last three years." Santa Ana repeats this and requires a sworn statement; "The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement" (Sections 41-2109 (f) and 41-2115 (e)).
• SB 684 and SB 1123 maps. Government Code 66499.41 bars demolition of rent-controlled housing and of "Housing occupied by tenants within the five years preceding the date of the application."
• SB 79. The City's SB 79 page says that once the law applies in Orange County, sites with more than two homes under the ordinance that tenants occupied in the past seven years are exempt.
• Inclusionary housing. A project under the City's affordable housing ordinance "that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide on-site inclusionary units" (Section 41-1902 (f)).

In practice, a rented house is a poor SB 9 site for three years after the tenant leaves. A route that does not rely on those state laws, such as an R2 duplex or R3 apartments under the zoning code, remains open, with the relocation payment and notices above.

Historic Homes and Districts

Chapter 30 creates the "city register of historical properties." Since Ordinance NS-3097 of July 7, 2026, the Planning Commission designates properties by resolution at a public hearing (Section 30-1). A building may be listed if it is "fifty (50) or more years old" and meets one of six criteria, such as a distinct architectural style, the work of a notable architect, or a link to important events or people (Section 30-2). The owner must be notified of a nomination, and the designation is recorded with the county. Listed properties fall in one of three categories: Landmark, Key or Contributive (Section 30-2.2). A historic property includes a building listed on the federal, state or local register "as well as those contributing properties located in an historic district" (Section 30-1.5).

The City's Historic Preservation page says "The City of Santa Ana has three National Register Districts: Downtown Santa Ana (listed in 1984), French Park (listed in 1999), and Floral Park (listed in 2023)." French Park also has "zoning protection for its structures through Specific Development 19 (SD-19)," and the Heninger Park neighborhood has the same through SD-40. The City's SB 9 checklist says lots in "Heninger Park (SD40), French Park (SD19) or Floral Park neighborhoods do not qualify for an urban lot split or two-unit project."

Changes need approval. "No exterior physical modifications, other than those identified by the planning commission for administrative approval by city staff, shall be permitted with respect to an historic structure until the planning commission approves such request at a duly noticed public hearing and issues a certificate of appropriateness" (Section 30-6). A certificate of appropriateness is the approval that a change "does not substantially change the character and integrity of the historic property." Painting is not a modification. A listed building is a "qualified historical building or structure" under the state historical building code (Section 30-3).

Demolition takes longer, but the City must issue the permit at the end of the review. Under Section 30-7, the Planning Commission reviews every demolition application for a historic property and must explore alternatives: buyers who would restore or move it, relocation sites, and a City purchase. "After two hundred and forty (240) days, or at the conclusion of the environmental review period, whichever is longer, a demolition permit must be issued," after the owner provides archival photo documentation. A building the building official finds dangerous skips this review.

Historic status also changes the smaller rules. ADUs and junior ADUs on historic properties "shall conform to the United States Secretary of Interior's Official Standards for the Treatment of Historic Properties" (Section 41-194.4), and an ADU in a historic district needs no parking. Additions of up to 25 percent to a building on the local register need no added parking (Section 41-1309 (6)). Owners of listed properties may sign a Mills Act contract, a state program that lowers property taxes in return for preserving the building (Sections 30-28 and 30-29).

Historic Review Moved to the Planning Commission

The City page says "Effective July 2026, the Planning Commission now serves as the City's hearing body for Mills Act and Local Historic Register applications and other historic preservation matters," and the duties "previously held by the Historic Resources Commission have been reassigned." Chapter 30, as amended by Ordinance NS-3097, names the Planning Commission throughout. The City's Historic Preservation FAQ page still says a register property's exterior change, relocation or demolition "must first have that request reviewed by the HRC." The code controls. The same page set 2026 deadlines: August 10, 2026 for Mills Act contracts, and October 26, 2026 for register-only applications to reach the December 14, 2026 Planning Commission meeting.

The FY 2026-27 fee schedule lists a Historic Exterior Modification Application at $2,991, a Historic Property Preservation Agreement at $5,887, a Historic Register Categorization at $7,501 and a Historic Register Removal/Demolition at $7,052. Appeals of Planning Commission decisions go to the City Council within 10 calendar days (Section 30-8).

Where to Go Next

Related on VanPlex: the California rent and tenant rules page, the SB 9 page and the Santa Ana overview.

Frequently Asked Questions

Official sources (checked October 2026)