6.20.070 Exemptions.
A. Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this chapter regulating the amount of rent that a residential real property owner may charge shall not apply to the following: any residential real property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code Section 1954.52(a)(1)), and any other provisions of the Costa-Hawkins Rental Housing Act addressing exemptions, as applicable.
B. Pursuant to the Tenant Protection Act of 2019, California Civil Code Section 1947.12(d), the provisions of this chapter regulating the amount of rent that a residential real property owner may charge shall not apply to the following:
1. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low or moderate income, as defined in California Health and Safety Code Section 50093 or comparable federal statutes.
2. Dormitories owned and operated by an institution of higher education or a kindergarten and grades one (1) to twelve (12), inclusive, school.
3. Residential real property that is alienable, separate from the title to any other dwelling unit; provided, that both of the following apply:
a. The owner is not any of the following:
i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
ii. A corporation.
iii. A limited liability company in which at least one (1) member is a corporation.
b. At the time the tenancy is created:
i. The tenants have been provided written notice that the residential real property is exempt from this section using the following statement:
This property is not subject to the rent limits imposed by Larkspur Municipal Code Chapter 6.20, and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.
ii. For a tenancy existing before the effective date of this chapter, the notice required under subsection (b)(i) of this section may, but is not required to, be provided in the rental agreement.
iii. For a tenancy commenced or renewed on or after the effective date of this chapter, the notice required under subsection (b)(i) of this section must be provided in the rental agreement.
4. A property containing two (2) separate dwelling units within a single structure in which the owner occupied one (1) of the units as the owner’s principal place of residence at the beginning of the tenancy so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
C. The provisions of this chapter regulating the amount of rent that a residential real property owner may charge shall not apply to the following:
1. A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to transient guests for a period of less than thirty (30) days, and other transient occupancies as defined in California Civil Code Section 1940(b).
2. A unit in an institutional facility, including a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled; a rental unit in a transitional housing program that assists homeless persons as defined in California Civil Code Section 1954.12; a convent or monastery owned and operated by a religious organization; and a fraternity or sorority house affiliated with a college or university.
3. A unit that the owner or the owner’s immediate family occupied as their principal place of residence at the beginning of the tenancy so long as the owner or the owner’s immediate family continues in occupancy.
4. A unit permitted as an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). (Ord. 1067 § 2, 2023)