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10A Action Items 2017 0703
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10A Action Items 2017 0703
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6/27/2017 7:07:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
7/3/2017
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<br />the tenant(s) is paying at the time the notice of the landlord-caused termination is delivered, 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 Health and Safety Code Section 50072; or (3) Is a household with one (1) or more minor 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 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 a landlord provides a proposed rent increase, or proposed rent increases, that raise the rent to an amount more than fifteen twelve percent (125%) greater than the base rent during a twelve (12) month period and the tenant elects to not remain in the residential property shall state: <br /> <br /> NOTICE: Under Civil Code Section 827(b) a landlord must provide a tenant with thirty (30) days notice prior to a rent increase of ten percent (10%) or less and sixty (60) days notice of a rent increase of greater than ten percent (10%). Under Title 4, Chapter 37 of the San Leandro Municipal Code, a landlord must at the same time as a notice under Civil Code Section 827(b), 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 <br />cash equivalent of three times the most current Fair Market Rents as published annually by the U.S. Department of Housing and Urban Development (“HUD”) for the Oakland-Fremont, California HUD Metro FMR Area in the Federal Register, or three times the monthly rent that 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 <br />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 as defined by Title 42, United States Code, section 423 or handicapped as defined by California Health and Safety Code Section 50072; or (3) Is a household with one (1) or more minor children (under eighteen (18) years of age) who are legally dependent (as determined for federal <br />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. 4-37-325 Retaliation prohibited. Commencement of eviction proceedings against a tenant for exercising his or her rights 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 <br />her legal rights. Article 4 Enforcement <br />4-37-400 Failure to comply. <br /> A landlord’s failure to comply with any requirement of this Chapter may be asserted as an affirmative defense in an action brought by the landlord to recover possession of the residential property. Additionally, any attempt to recover possession of a residential property in <br />37
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