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10A Action Items 2017 0703
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10A Action Items 2017 0703
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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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File Number: 17-387 <br />II. Relocation Assistance Amounts <br />A. Eligible tenants will receive the higher of three times the monthly rent that the tenant <br />is currently paying; or (2) three times the current Fair Market Rent for the <br />Oakland-Fremont metropolitan area. The U.S. Department of Housing and Urban <br />Development (HUD) annually publishes regional FMR limits by bedroom size. The <br />2017 FMRs are: $1,435 (Studio), $1,723 (1-Bedroom), $2,173 (2-Bedroom) and <br />$3,017 (3 Bedroom). <br /> <br />B. A special-circumstance household may receive an additional $1,000 per rental unit. <br />C. A landlord shall provide total relocation assistance to an eligible tenant in an <br />amount not to exceed $10,000. This cap per tenant household provides landlords <br />consistency and certainty that future relocation costs are not unlimited. <br /> <br />III. Relocation Assistance Payment Procedures <br />A. Landlord shall pay relocation to an eligible tenant in two installments: <br />1. Half within five days following notice delivered to a tenant of a <br />landlord-caused termination and the other half within 5 days of the tenant’s <br />last day of tenancy. <br />2. Where the landlord-caused termination involves a rent increase greater than <br />12% and the tenant elects to leave, landlord shall pay half within 5 days of <br />receiving written notice from tenant to vacate the unit and the other half no <br />later than 5 days before the last day of tenancy. <br />3. Landlords may deduct from the second relocation assistance payment <br />unpaid rent and/or damages in excess of the security deposit. <br />4. If a tenant receives any relocation payments and opts to return to the <br />apartment, then he/she shall reimburse the landlord for payments received. <br />5. Landlord and tenant are not prohibited under this Ordinance from coming to <br />their own mutually agreeable relocation terms. <br />6. Landlord may not unduly influence or negotiate in bad faith with a tenant to <br />agree to relocation assistance different from the requirements under this <br />Ordinance by means of fraud, intimidation, and/or coercion (e.g., threats over <br />immigration status). <br />IV. Notices <br />A. The proposed Ordinance establishes required text in the “notice of entitlement to <br />relocation assistance” that describes the amount of relocation assistance to which a <br />qualified tenant is eligible. <br />B. The text notice delivered to the tenant must be in English, Spanish and Chinese. <br />C. There are two types of relocation assistance notices under the proposed Ordinance: <br />1. For landlord-caused terminations not involving rent increases greater than <br />12%, a landlord must provide a “notice of entitlement to relocation <br />assistance” with the “notice of tenancy termination” at least 90 days prior to <br />the termination of tenancy. <br />Page 3 City of San Leandro Printed on 6/27/2017 <br />29
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