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Imperial Beach tenants march to City Council to stop 'renovictions'

Hawaiian Gardens and Swell Apartments intend to evict all of their tenants for a 'substantial remodel'.

IMPERIAL BEACH, Calif. — Tenants at two Imperial Beach apartment complexes are fighting to stay in their homes. The tenants held a rally and marched to the Imperial Beach City Council meeting to take their fight to local law makers.

Hawaiian Gardens and Swell Apartments served eviction notices to all of their tenants so that the new owners, two private equity firms, can renovate the apartments.

Hawaiian Gardens was sold to F&F Properties. Swell Apartments were sold to DMJ Equity 1 LLC. The more than 50 families in Hawaiian Gardens received 90-day notices to vacate. Tenants at Swell Apartments say they were told to expect to receive 60-day notices, as well.

The tenants tell CBS 8, if nothing is done to help keep them in their homes, most of them will be out on the streets with nowhere to go.

"A lot of them are on a fixed income so putting them out would essentially mean they're homeless," said Alberto Hernandez, a tenant.

WATCH RELATED: Imperial Beach tenants march to City Council to stop 'renovictions'

Tenants marched two blocks from their apartments to Wednesday's city council meeting where they urged the council to enact stronger tenant protections.

"I was walking my dog the other night and it really hit me. I've lived here 10 years and really loving it. This is my home and my daughter has gone to school here," said Alexandria's mother.

Her daughter, Alexandria, grew up at the Hawaiian Garden apartment complex and is now in the 8th grade. 

"I feel like I'm part of a big family here. As the captain of the middle school cheer squad and being involved in various clubs, I'm thankful for the opportunities to contribute. I can't imagine not having this incredible support system and can't imagine it being taken away," Alexandria said.

Their family and many others are struggling to find a place they can afford in IB.

"A lot of people don't know where they're gonna go. We were looking at other apartments and it's going to be $1,000 more than what we can afford here," said Robert, a tenant.

Susan Vanderlinden says she has lived in Hawaiian Gardens on Imperial Beach Blvd for more than 8 years.

"I'll be on the street. I'm on SSI. There's no place to go. I will be on the street. Me and my walker,” Vanderlinden said emphatically.

She's not alone, all of her neighbors and her neighbors at Swell Apartments next door are going through the same thing.

Jose Lopez is the Director for San Diego's Alliance of Californians for Community Empowerment or ACCE.

"Hawaiian Gardens received 90 day notices the same thing for substantial repair. It's also another corporate landlord that just bought the building. It's horrible. We're already in a huge housing crisis and things get worse because these corporations come in and displace people, just because they can," Lopez adds.

This year, the City of Imperial Beach enacted laws to make it harder to evict people or raise rents too high, increasing requirements to terminate a tenancy for substantial remodel. However, loopholes still exist, Lopez offered.

"There are cities that have stronger laws that don't allow somebody to evict a tenant to make repairs. They must relocate them temporarily and let them come back at the same price when repairs are done. That's what we're asking the city of Imperial Beach to do as well,” Lopez said.

As of writing, the properties new landlords only have to offer relocation assistance equal to one month’s rent to be paid within 15 days of service of the “No Fault” notice to terminate tenancy. The owner has the option of waiving, in writing, the last months rent instead of making relocation payment. This allows for the owner to "substantially remodel” the units, leaving the people who live here now, looking for somewhere to go soon.

Valerie Fernandez lives in Hawaiian Gardens with her husband and 3 children. She says she’s afraid of what will happen if the “renovictions” aren’t stopped.

"We don't have a clue where we could move. Rent is so high right now. A 2 bedroom is $2800. So, it would be a little bit of a struggle for me and my family," Fernandez shared.

"We have families here. We have disabilities people here, handicapped people here and now we're going to all be homeless. It's ridiculous," Vanderlinden finished.

F&F provided CBS 8 with the following statement:

"F&F Properties is going above and beyond what the law requires to ensure the smoothest of transitions. The Tenant Protection Act of 2019 was signed into law by Governor Gavin Newsom and Attorney General Rob Bonta, and supported by Senate Pro Temp Toni Atkins and many other policy makers to protect tenant rights by ensuring, among other things, that ample notice is given prior to move-out dates. Under that law, F&F is required to give 30 or 60 days’ notice to all but one tenant at this property; one tenant is entitled to 90 days’ notice. The amount of time is determined by how long a resident has lived at the property as well as their financial situation. F&F is giving 90 days’ notice to every tenant – all renters – at this location. Also under the law, F&F is required to pay or forgive rent for 1 month for any renter living at this location for more than a year. F&F is forgiving the last month’s rent for all tenants, including renters who are not entitled to any rent givebacks under the law. F&F also is going beyond what the law requires by actively working with residents who wish to move out now rather than in late-January and attempting to provide alternative housing options in its other communities. Additionally, all security deposits will be returned in full, which also is not required under the law."

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