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3C Presentation 2016 0906
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3C Presentation 2016 0906
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8/30/2016 4:18:10 PM
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8/30/2016 4:02:45 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/6/2016
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PERM
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_CC Agenda 2016 0906 CS + RG
(Amended)
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\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0906
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<br /> (b) After taking into account any adjustments in the amount of the relocation assistance under section 4-35-310(a) , the landlord shall pay one-half (½) of the applicable <br />relocation assistance payment when the tenant has informed the landlord in writing of the date <br />when the tenant will vacate the residential property and the other half upon certification that the <br />tenant has vacated the residential property on the date provided in the notice. (c) Nothing provided herein prohibits a landlord and a tenant from agreeing to relocation assistance different than as provided in this section, provided the landlord and tenant <br />provide to the Community Development Director written proof of the alternative relocation <br />assistance within twenty-one (21) days of the tenant’s vacating the residential property. <br /> 4-35-315 Notice of termination and notice of entitlement to relocation assistance. Landlord shall provide a written notice of termination to all tenants subject to termination <br />of tenancy from a residential property required by State law at least ninety (90) days prior to the <br />date a tenant must vacate the residential property. Written notice of tenant’s entitlement to <br />relocation assistance shall be provided by the landlord at the same time that the landlord provides notice of termination of tenancy from a residential property. Such notice of entitlement to relocation assistance shall be posted on the door to the residential property and sent certified <br />mail, or personally served upon tenant, and shall be provided in the three (3) predominant <br />languages spoken in the City. The City Manager or his designee shall determine the <br />predominant languages spoken in the City. 4-35-320 Text of notice. <br /> The notice of entitlement to relocation assistance shall state: <br /> <br /> NOTICE: Under Title 4, Chapter 35 of the San Leandro Municipal Code, a landlord must provide tenants that have occupied residential property under a valid lease or rental agreement with a landlord for five (5) consecutive years or more with ninety (90) days’ notice prior to <br />termination of tenancy. At the same time the landlord provides a qualifying tenant with notice of <br />termination of tenancy, the landlord must provide this notice of the tenant’s entitlement to <br />relocation assistance. Qualifying tenants are entitled to the following forms of relocation assistance: (a) A relocation fee which shall be the cash equivalent of two (2) months’ rent; (b) <br />Moving expenses which shall be the cash equivalent of one (1) month rent; and (c) One <br />Thousand Dollars ($1,000) for special-circumstances households. Special-circumstances <br />households include the following: (1)At least one (1) member is sixty-two (62) years of age or <br />older; (2) At least one (1) member qualifies as disabled as defined by Title 42, United States Code, section 423 or handicapped as defined by California Health and Safety Code Section <br />50072; or (3) Is a household with one (1) or more minor children (under eighteen (18) years of <br />age) who are legally dependent (as determined for federal income tax purposes). Under Civil <br />Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and <br />peaceably exercising his or her legal rights. <br />4-35-320 Retaliation prohibited. <br /> Commencement of eviction proceedings against a tenant for exercising his or her rights <br />under this Chapter shall be considered a retaliatory eviction. Under Civil Code Section 1942.5, it <br />is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights.
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