East Palo Alto Municipal Code Ch. 14.12 Tenants Displaced by Disasters

For the purposes of this chapter:

"Capital improvements" means any item which is chargeable to a capital account with a useful life of at least two years, which has one or more of the following characteristics:

A. It is depreciable using the IRS straight-line method;

B. It prolongs the useful life of the rental structure;

C. It replaces another capital improvement.

"Disaster" means an unforeseen combination of circumstances which creates great damage, loss or destruction. It includes, but is not limited to, fires, floods, earthquakes, accidents, or any situation requiring immediate action to prevent bodily injury or the loss of life or property.

"Landlord" means an owner of record, lessor, sublessor or any other person or entity entitled to receive rent for the use or occupancy of any rental unit, or an agent, representative or successor of any of the foregoing.

"Rental unit" means any unit in any real property, including the land appurtenant thereto, rented or available for rent for residential use or occupancy, located in the city, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant.

"Tenant" means any renter, tenant, subtenant, leasee or subleasee of a rental unit, or successor to a renter's interest, or any group of tenants, subtenants, lessees, or sublessees of any rental unit, or any other person entitled to the use or occupancy of such rental unit.

(Ord. 221 § 2, 1998)

A. If a tenant is forced to vacate his/her unit due to fire or other disaster, the landlord shall, within thirty (30) days of completion of repairs to the unit, offer in writing to the tenant the same unit under the same terms and conditions as existed prior to his/her displacement.

B. The tenant shall have thirty (30) days from receipt of the landlord's offer to notify the landlord of acceptance or rejection of the offer and, if accepted, shall reoccupy the unit within forty-five (45) days of receipt of the landlord's offer.

C. However, the costs of capital improvements which are necessary to prepare the damage or destruction of the unit prior to re-renting the unit, which costs were not covered by insurance proceeds or by any other means such as not to cause an out-of-pocket loss to the landlord, may be passed through to the tenant by utilizing the capital improvement petition process as set forth in the rent stabilization and good cause for eviction ordinance and the rules and regulations promulgated thereunder. Any rent increase under this section requires that a thirty (30) day notice be served on the tenant.

D. Any landlord who attempts to re-rent a unit, but fails or refuses to follow the foregoing procedure by offering the displaced tenant a right of first refusal is liable to the displaced tenant for actual and punitive damages. This remedy is in addition to any other remedy available to the tenant under federal, state or local laws.

(Ord. 221 § 3, 1998)