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File Number: 17-458 <br />Below are notable features of the proposed Ordinance based on the City Council Rules <br />Committee’s comments, and public input. Changes to the Ordinance per the July 24 Rules <br />Committee meeting are italicized below. <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 termination” <br />as any landlord-caused action, including a rent increase that is 12% or greater than the <br />base rent during a twelve-month period, which causes a tenant to elect to not remain in <br />his/her unit. Exceptions to “landlord-caused termination include the following: <br />1) Tenant failure to pay rent <br />2) Tenant breach of lease or 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 was a <br />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 entering <br />into a lease, of his/her intent to remodel the property. To ensure completion of <br />the renovations, the landlord must renovate within one year of tenant occupying <br />the rental unit and must submit plans with the City at the time he/she notifies the <br />tenant of the termination of tenancy. <br />B. All parcels containing rental properties that have two (2) or more tenant-occupied <br />housing units fall under the Ordinance. Per the July 24 City Council Rules <br />Committee recommendation, this changes the “residential property definition” back <br />to the Ordinance’s original definition that was presented to Council at its June 19, <br />2017 meeting. Therefore, detached single family homes and individual <br />condominium/townhome units would be exempt from the Ordinance, while duplexes <br />(where both units are rented out), tri-plexes and four-plexes would be subject to the <br />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 authorized <br />by the landlord” to occupy the rental unit based on the following characteristics: at least <br />one resident is 62 years of age or older, or at least one resident qualifies as a person <br />with disabilities under State law, or at least one or more residents is under 18 years of <br />age. <br />D. Rental housing properties with recorded affordability restrictions are exempt from this <br />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 />Page 2 City of San Leandro Printed on 8/28/2017 <br />411