American Canyon Municipal Code Ch. 18.34 Tenant Relocation Assistance Where Apartments Are to Be Converted

(A) At the present time, there is a critically short supply of rental housing in the city, and, due to the extreme profitability in the current real estate market, of constructing condominiums or converting existing apartment projects to condominiums, stock cooperatives and to community apartment projects for sale, it is anticipated that the number of applications to construct condominiums or to convert existing apartment projects into condominiums, stock cooperatives and to community apartment projects will increase and will adversely impact the availability of existing rental housing and affordable housing units in the city, and will result in the removal of rental housing units and affordable housing units from the market. Tenants who face eviction due to conversion are experiencing serious difficulties in locating comparable replacement rental housing. These difficulties are particularly acute for elderly tenants and those with physical limitations, particularly the handicapped and disabled. In addition, families with minor dependent children face greater relocation difficulties than families without such children.

(B) Since the conversion of rental units to condominiums, stock cooperatives, and community apartment projects is a substantial cause of the rental housing and affordable housing shortage, the city council finds and declares that an emergency exists requiring the emergency enactment of the ordinance codified in this chapter and it would be just and proper for the subdividers who may enjoy the benefits of such conversions to assist tenants who are displaced by the conversion activity and who otherwise would be forced to bear the burdens of displacement without any assistance.

Ord. 2006-06 § 2, 2006

For purposes of this chapter, the definitions in Chapter 18.32 of the city's municipal

code ("the municipal code") and the following definitions shall apply: "Landlord" means an owner, lessor or sublessor, (including any person, firm, corporation, partnership or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing. "Notice of termination" means the notice of intention to terminate tenancy, whether given by a landlord or by a tenant, provided for by California Civil Code Section 1946. "Qualified tenant" means any tenant who satisfies any of the following criteria on the date said tenant gives or receives a notice of termination: a. Has attained age sixty-two; b. Is handicapped as defined in Section 55072 of the California Health and Safety Code; c. Is disabled as defined Title 42 United States Code 423; d. Is a person residing with and on whom is legally dependent (as determined for federal income tax purposes) one or more minor children; or e. Is a person whose income is within the low-income category as defined by the U.S. Department of Housing and Urban Development for its Section 8 program as confirmed by the State Department of Housing and Community Development in amendment to Section 6932 of Title 25 of the California Code of Regulations. "Rental unit" means each dwelling unit, efficiency dwelling unit, guest room, and suite in the city as defined in Section 19.04.030 of this code, together with the land and buildings appurtenant thereto, and all housing services, privileges, furnishings and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities. The term rental unit shall not include: 1. A one-family dwelling, except where three or more dwelling units are located on the same lot; 2. Housing accommodations in hotels, motels, inns, tourist homes and boarding and rooming houses, provided that, at such time as an accommodation has been occupied by one or more of the same tenants for sixty days or more, such accommodation shall become a rental unit subject to the provisions of this chapter; 3. Housing accommodations in any hospital, convent, monastery, extended medical care facility, asylum, nonprofit home for the aged, fraternity or sorority house, or housing accommodations owned, operated or managed by an institution of higher education, a high school or an elementary school for occupancy by its students; 4. Housing accommodations which a government unit, agency or authority owns, operates, or manages, or which are specifically exempted from municipal rent regulation by state or federal law or administrative regulation; 5. Mobilehome. "Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled to use or occupancy of a rental unit. Tenant does not include any person who: 1. Is residing in a conversion project and intends to purchase a unit in such project after conversion has been accomplished, or who intends to reside with such a purchaser; or 2. Received actual written notice, prior to entering into a written or oral agreement to become a tenant, that an application to convert the building to a condominium, stock cooperative or community apartment project was on file with the city or had already been approved, whichever the case may be.

Ord. 2006-06 § 2, 2006

In connection with the conversion of a building into a

condominium, stock cooperative or community apartment as those terms are defined in California Government Code and Business and Professions Code, the landlord shall provide relocation assistance to each tenant in accordance with Section 18.34.040. This section shall not apply where a subdivision map application for condominiums, stock cooperative or community apartment purpose was filed for approval with the city prior to the effective date of the ordinance codified in this chapter. A landlord's obligation to comply with Section 18.34.040 does not exist prior to the time the landlord gives the notice of intention to convert required by Government Code Section 66427.1.

Ord. 2006-06 § 2, 2006

Relocation assistance, where required by the preceding subsection, shall

be provided in accordance with the following provisions.

(A) Landlord's Responsibility.

(1) The landlord shall:

(a) Make available to each tenant, at no cost, a reasonably complete and current list of vacant and available rental units within a one and one-half mile radius of the building being converted, which units are comparable as to size and amenities to the unit occupied by the tenant; and

(b) Make a reasonable and good faith effort to assure that tenants without cars are driven, at no cost, and tenants with cars are assisted, in order to inspect replacement rental units; and

(c) Hire an ambulance or similar vehicle, at no cost to the tenant, and otherwise take reasonable steps to assist any disabled or handicapped tenant with relocation-related activities; and

(d)

(i) Pay a relocation fee of eight thousand dollars to qualified tenants and a three thousand two hundred dollar fee to all other tenants in order to assist the tenants in meeting costs of relocation, higher rents for replacement housing, and any related expenses. For the year beginning on the effective date of the ordinance codified in this chapter and all subsequent years, the fee amounts shall be automatically increased by the cost-of-living increase determined by the United States Labor Department for the San Francisco/Oakland/Bay Area. The adjusted amount shall be rounded to the nearest fifty-dollar increment.

(ii) This payment shall be made as follows:

(A) The entire fee shall be paid to a tenant who is the only tenant in a rental unit,

(B) If a rental unit is occupied by two or more tenants, any one of whom is a qualified tenant, then each tenant of the unit shall be paid a pro rata share of the eight thousand dollar fee,

(C) If a rental unit is occupied by two or more tenants, none of whom is a qualified tenant, then each tenant of the unit shall be paid a pro rata share of the three thousand two hundred dollar fee.

(iii) In no event shall the landlord be liable to pay more than eight thousand dollars to all tenants residing in a unit in which at least one qualified tenant lives, or to pay more than three thousand two hundred dollars to all tenants residing in a unit in which no tenant is a qualified tenant. If a tenant is entitled to monetary relocation benefits pursuant to city administrative agency action or any provision of local, state or federal law, then those benefits shall operate as a credit against any fee required to be paid to the tenant under this chapter.

(2) In lieu of the assistance provided for in subsection (A)(1)(a) of this section, the landlord may elect to relocate any tenant into a comparable replacement rental unit satisfactory to the tenant and pay all actual costs of relocating the tenant up to a maximum of eight thousand dollars per household. For the year beginning on this effective date of the ordinance codified in this chapter and all subsequent years, the fee amounts shall be automatically increased by the cost-of-living increase determined by the United States Labor Department for the San Francisco/Oakland Bay Area. The adjusted amount shall be rounded to the nearest fifty-dollar increment. A tenant may not unreasonably withhold approval of a replacement rental unit offered by the landlord. For purposes of this provision only, comparability shall be determined from the following factors: size; price; location; proximity to medical and recreational facilities, parks, community centers, shops, transportation, schools, churches and synagogues; and amenities.

(3) In lieu of the assistance provided for in subsection (A)(1)(a) of this section, if the tenant chooses, instead of relocating to a rental unit, to purchase a unit or single-family home in Napa County, the tenant may instead choose to receive the amount of fifteen thousand dollars per household from the landlord towards the relocation and costs associated with the purchase of the new unit or single-family home. For the year beginning on this effective date of said ordinance and all subsequent years, the fee amounts shall be automatically increased by the cost-of-living increase determined by the United States Labor Department for the San Francisco/Oakland Bay Area. The adjusted amount shall be rounded to the nearest fifty-dollar increment.

(4) In lieu of the assistance provided for in subsections (A)(1)(a) and (A)(3) of this section, all tenants shall have the exclusive right to purchase a converted unit for an amount which is ten percent below the market rate listing price for such unit. The exclusive right to purchase must be exercised within thirty days of the recordation of any final map establishing a community apartment project, condominium or stock cooperative.

(B) When Assistance Shall Be Provided.

(1) List of Available Rental Units. The landlord shall perform the acts described in subsection (A)(1)(a) of this section for the period beginning on or before the service of the one hundred eighty days' notice of intention to convert, until the date of termination set forth in the notice of termination.

(2) Transportation. The landlord shall perform the acts described in subsections (A)(1)(b) and (c) of this section for the period beginning on or before the service of the one hundred eighty days' notice of intention to convert described in Government Code Section 66427.1(c), until the date of termination set forth in the notice of termination.

(3) Monetary Assistance. The landlord shall perform the acts described in subsection (A)(1)(4) within fifteen days of service of the notice of termination.

(4) Replacement Housing. In lieu of the acts described in subsection (A)(1) of this section, the landlord may perform the acts described in subsection (A)(2) of this section within thirty days of service of the one hundred eighty days' notice of intention to convert described in Government Code Section 66427.1(c).

Ord. 2006-06 § 2, 2006

In an action by a landlord to recover possession of a rental unit, a tenant may raise

as an affirmative defense the failure of the landlord to comply with Section 18.34.040 of this chapter. In addition, any landlord who fails to provide monetary relocation assistance to a tenant as required by this chapter shall be liable in a civil action to the tenant to whom such assistance is due for damages in the amount the landlord has failed to pay, together with reasonable attorney fees and costs as determined by the court.

Ord. 2006-06 § 2, 2006

(A) This chapter shall apply to judicial proceedings to recover possession of a rental unit occupied by a qualified tenant commenced thirty-one days after the effect date of the ordinance codified in this chapter.

(B) This chapter, as amended herein, shall apply to judicial proceedings to recover possession of a rental unit occupied by a tenant commenced thirty-one days after the effect date of said ordinance.