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File Number: 17-387 <br />I. Eligibility <br />A. Tenants are entitled to relocation assistance if the termination of tenancy is due to <br />“landlord-caused termination.” The Ordinance defines a “landlord-caused <br />termination” as any landlord-caused action, including a rent increase that is 12% or <br />greater than the base rent during a twelve-month period, which causes a tenant to <br />elect to not remain in his/her unit. Exceptions to “landlord-caused termination <br />include the following: <br />1) Tenant failure to pay rent <br />2) Tenant breach of rental contract <br />3) Tenant illegal activities <br />4) Failure to allow landlord access after legal notice <br />5) Residential property uninhabitable without landlord fault (e.g., tenant’s <br />negligence or willful misconduct, earthquake, fire, flood) <br />6) Lawful termination of employment where such employment by the landlord <br />was a condition of the lease (e.g., apartment property manager) <br />7) Temporary repairs where the landlord provides the tenant with short-term <br />alternative housing during the renovation period <br />8) Prior notice of renovations where the landlord notifies the tenant, before <br />entering into a lease, of his/her intent to remodel the property. To ensure <br />completion of the renovations, the landlord must renovate within one year of <br />tenant occupying the rental unit and must submit plans with the City at the <br />time he/she notifies the tenant of the termination of tenancy. <br />At its June 19 meeting the City Council added that a landlord may deduct tenant relocation <br />payment amounts required under California Health and Safety Code Sections <br />17975-17975.10 from the relocation assistance payment required by the City’s proposed <br />Ordinance. <br />B. All parcels containing rental properties that have five or more tenant-occupied <br />housing units fall under the Ordinance. Owner-occupied housing units, and specific <br />housing units such as detached single family homes, individual condos/townhomes, <br />duplexes, tri-plexes and four-plexes that are rented out are generally exempt from <br />the Ordinance. <br />C. Tenants with “special-circumstances household” members are entitled to additional <br />tenant relocation assistance (see “Tenant Relocation Assistance” section below). <br />“Special-circumstances household” is defined as “a tenant or anyone else <br />authorized by the landlord” to occupy the rental unit based on the following <br />characteristics: at least one resident is 62 years of age or older, or at least one <br />resident qualifies as a person with disabilities under State law, or at least one or <br />more residents is under 18 years of age. <br />D. Rental housing properties with recorded affordability restrictions are exempt from <br />this Ordinance. Such properties typically have entered into long-term affordability <br />agreements with the City, State and/or the federal government (e.g., City subsidy, <br />State/federal low income housing tax credit program) to serve lower income renters. <br />Staff also made minor changes to the definition of affordable rental housing <br />exemption for clarification purposes. <br />Page 2 City of San Leandro Printed on 6/27/2017 <br />28