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10A Action Items 2017 0619
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10A Action Items 2017 0619
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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6/19/2017
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<br />influence a tenant to agree to relocation assistance different than as provided in this section in <br />bad faith by means of fraud, intimidation, or coercion (including, but not limited to, threats based <br />on immigration status). <br /> 4-37-315 Notice of termination and notice of entitlement to relocation assistance. <br /> 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 for landlord-caused terminations. Written <br />notice of tenant’s entitlement to 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. <br />For landlord-caused terminations where a landlord provides a proposed rent increase, or <br />proposed rent increases, that raise the rent to an amount more than fifteen percent (15%) greater <br />than the base rent during a twelve (12) month period and the tenant elects to not remain in the <br />residential property, the landlord shall provide a written notice of tenant’s entitlement to relocation assistance at the same time that the landlord provides notice of a rent increase. Such <br />notice of entitlement to relocation assistance shall be posted on the door to the residential <br />property and sent certified mail or first class mail, or personally served upon tenant, and shall be <br />provided in the three (3) predominant languages spoken in the City. The City Manager or his <br />designee shall determine the predominant languages spoken in the City. <br />4-37-320 Text of notice. <br /> The notice of entitlement to relocation assistance shall state: <br /> <br /> NOTICE: Under Title 4, Chapter 37 of the San Leandro Municipal Code, a landlord must provide tenants that have occupied residential property under a valid lease or rental agreement <br />with a landlord with ninety (90) days’ notice prior to termination of tenancy. At the same time <br />the landlord provides a qualifying tenant with notice of termination of tenancy, the landlord must <br />provide this notice of the tenant’s entitlement to relocation assistance. Qualifying tenants are <br />entitled to the following forms of relocation assistance: (a) A relocation fee which shall be the cash equivalent of three times the most current Fair Market Rents as published annually by the <br />U.S. Department of Housing and Urban Development (“HUD”) for the Oakland-Fremont, <br />California HUD Metro FMR Area in the Federal Register, or three times the monthly rent that <br />the tenant(s) is paying at the time the notice of the landlord-caused termination is delivered, <br />whichever amount is greater; and (b) One Thousand Dollars ($1,000) for special-circumstances households. Special-circumstances households include the following: (1) At least one (1) <br />member is sixty-two (62) years of age or older; (2) At least one (1) member qualifies as disabled <br />as defined by Title 42, United States Code, section 423 or handicapped as defined by California <br />Health and Safety Code Section 50072; or (3) Is a household with one (1) or more minor <br />children (under eighteen (18) years of age) who are legally dependent (as determined for federal income tax purposes). Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate <br />against a tenant for lawfully and peaceably exercising his or her legal rights. <br /> <br /> The notice of entitlement to relocation assistance for landlord-caused terminations where <br />a landlord provides a proposed rent increase, or proposed rent increases, that raise the rent to an amount more than fifteen percent (15%) greater than the base rent during a twelve (12) month <br />period and the tenant elects to not remain in the residential property shall state: <br />279
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