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10A Action 2017 0918
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10A Action 2017 0918
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/18/2017
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File Number: 17-535 <br />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.Landlord may deduct tenant relocation payment amounts required under California <br />Health and Safety Code Sections 17975-17975.10 from the relocation assistance <br />payment required by the City’s proposed Ordinance. <br />D.A landlord shall provide total relocation assistance to an eligible tenant in an amount <br />not to exceed $7,000. Per the July 24 City Council Rules Committee <br />recommendation, this change reflects a decrease from the $10,000 cap in prior <br />versions of the proposed Ordinance. <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 landlord-caused <br />termination and the other half within 5 days of the tenant vacating the residential <br />property. <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 later <br />than 5 days following vacation by the tenant of the residential property. . <br />3.Landlords may deduct from the second relocation assistance payment unpaid <br />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 apartment, <br />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 />Page 3 City of San Leandro Printed on 9/12/2017
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