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10A Action 2017 0905
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10A Action 2017 0905
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CM City Clerk-City Council - Document Type
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9/5/2017
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File Number: 17-458 <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 12%, <br />a landlord must provide a “notice of entitlement to relocation assistance” with <br />the “notice of tenancy termination” at least 90 days prior to the termination of <br />tenancy. <br />2. For landlord-caused termination due to rent increases greater than 12%, a <br />landlord must provide a “notice of entitlement to relocation assistance” with the <br />rent increase notice at least 60 days prior, per State law. <br />V. Prohibition of Retaliation <br />A. Under California Civil Code Section 1942.5, a landlord may not begin eviction <br />proceedings or other retaliatory actions against a tenant who “lawfully and peaceably <br />exercises his or her legal rights” under the Ordinance. <br />VI. Miscellaneous <br />A. Staff will prepare an annual report to the City Council assessing the Ordinance’s <br />effectiveness, and recommending changes as appropriate. <br />The implementation and administration of the proposed Ordinance is an outstanding issue. Staff <br />briefed the City Council Rules Committee on the need for part-time City or consultant staff to <br />monitor landlord notices of termination, address inquiries and concerns from both tenants and <br />landlords, develop and distribute outreach materials in multiple languages and provide technical <br />assistance. <br />Staff estimates the annual cost for Tenant Relocation Program administration is $50,000. Staff <br />proposed an annual $10 per rental unit fee charged to landlords on the business license tax to <br />offset administration costs related to the Tenant Relocation Program and the Rent Review <br />Ordinance (which costs approximately $50,000 annually). Staff assumes that the need for Tenant <br />Relocation Program administration would be similar to administrative needs for the Rent Review <br />Board in that there would be years of significant activity and years when there would be little to no <br />activity. The proposed Rental Unit Fee therefore would need to be evaluated annually, along with <br />the annual program report, and only charged during years when there are costs associated with <br />these programs. <br />At its July 24 meeting, the Rules Committee discussed program funding sources such as Real <br />Property Transfer Tax revenue or the staff proposed $10 per rental unit fee to be paid annually, as <br />needed, in conjunction with the Business License Tax. The Committee concurred with the City <br />Manager’s recommendation that program funding be discussed during the mid-year budget <br />review. <br />Previous Actions <br />·Staff provided City Council with an update on the status of the Tenant Relocation <br />Assistance Program on September 6, 2016. <br />·On June 19, 2017, the City Council reviewed and received public comments on the first <br />Page 4 City of San Leandro Printed on 8/28/2017 <br />413
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