Fairfield Municipal Code Art. XI Relocation Assistance for Displaced Tenants

The City Council finds that tenants who are required to vacate a residence because of unsafe or hazardous living conditions, or because of illegal use of the structure as a residence, oftentimes confront difficulties in finding temporary housing while the residence is being repaired, or difficulties in finding other permanent affordable housing. The difficulties create a financial hardship for the tenants. The City Council also finds that property owners who do not maintain rental properties and who allow the structures to become unsafe or hazardous should bear responsibility for the hardship their actions create for the tenants. Therefore, the City Council finds and declares it necessary to enact this Article XI to protect the public health, safety and welfare.

This Article is adopted under the authority of the police power delegated to the City by the California State Constitution Article XI, Section 7, and California Health and Safety Code section 17975 et seq. This article implements Program HO 5.1B of the City of Fairfield General Plan.

(Ord. No. 2009-18, § 1)

In this article:

(a)

Relocation assistance

means a relocation payment and the right of first refusal to reoccupy a residential structure.

(b)

Relocation payment

means:

(1)

One of the following:

A.

The immediate payment, in the form of a cashier’s check or money order, of two months’ fair market value rent for a unit of comparable size, as established by the most current Federal Department of Housing and Urban Development schedule of fair market rents and an amount, as determined by the Building Division of the Community Development Department, sufficient for utility service deposits; or

B.

The immediate payment, in the form of a cashier’s check or money order, of two months of the tenant’s actual rent at the time of relocation, if greater than the payment which would be due under subsection A, and an amount, as determined by the Building Division of the Community Development Department, sufficient for utility service deposits; or

C.

The immediate execution of a written, signed and dated agreement between the tenant and the property owner evidencing other arrangements of equal benefit agreeable to the tenant. Such an agreement shall at a minimum contain each of the following components:

The names of the occupants of the unit being vacated, and an indication of who is considered the head of household;

The address and number of the unit being vacated;

A statement indicating the amount of relocation payment to which the tenant is entitled, under subsection (1) A or (1) B above;

A statement that the tenant has waived the right to such relocation payment, and describing what, if any, alternative arrangements of equal benefit the landlord has agreed to provide the tenant, which is acceptable to the tenant in lieu of relocation payment; and

If known, the tenant’s forwarding address and telephone number.

(2)

When a tenant is required to vacate a structure with less than 30 days’ notice, relocation payment shall also include the immediate payment, in the form of a cashier’s check or money order, of one additional month’s fair market value rent as determined under subsection (1) A above, or the provision of alternative, safe and legal housing, in a rental unit of comparable fair market value to the rental unit to be vacated, for thirty (30) days after the vacation date at no cost to the tenant, whichever the tenant prefers.

(3)

Immediate execution of an agreement executed pursuant to subsection (b)(1) C of this section means execution of the agreement within 10 days after the date that the notice of eviction or other order is first mailed to the property owner and posted on the premises, or at least 20 days prior to the vacation date set forth in the notice of eviction or other order, whichever occurs later. If there are fewer than 10 days between the first posting and mailing of the notice of eviction or other order and the vacation date, the agreement shall be executed within 5 days after the notice is posted or mailed.

(4)

A relocation payment is a separate requirement and is in addition to the refund of any security deposit under California Civil Code section 1950.5 or the payment of interest accrued on the security deposit.

(c)

Right of first refusal

means the right of a tenant to re-occupy a residential structure on the site formerly occupied by the tenant, once the residential structure is repaired and becomes habitable, or once housing is redeveloped on the site.

(Ord. No. 2009-18, § 2)

(a) Relocation payment due. When a tenant receives a notice of eviction or other order requiring the tenant to vacate a structure rented for residential purposes due to unsafe or hazardous living conditions or due to illegal use of the structure as a residence, the owner of the structure is obligated to provide directly to each tenant a relocation payment as defined in section 27.1202.

(b) Proof of compliance.

(1) In order to provide proof of compliance by the property owner with section 27.1202(a) or section 27.1202(b) of this Article, the property owner shall provide to the Chief of Police, or his or her designee:

A. The names of the occupants of the unit being vacated, and an indication of who is considered the head of household;

B. The address and number of the unit being vacated;

C. If known, the tenant’s forwarding address and telephone number;

D. A copy of any cashier’s check or money order provided to the tenant(s);

E. A receipt for the cashier’s check or money order signed by the tenant(s).

(2) In order to provide proof of compliance by the property owner with section 27.1202(c) of this Article, the property owner shall provide to the Chief of Police, or his or her designee, a copy of a written agreement executed by the property owner and the tenant.

(3) The property owner shall comply with subsection (b) of this section within one business day of the property owner’s delivery of the relocation payment to the tenant or the execution of the written agreement.

(c) Right of first refusal. A tenant evicted or required to vacate a residential structure under this Article shall be given the right of first refusal to reoccupy a residential structure on the site once the structure becomes habitable, or once housing is redeveloped on the site.

(1) The property owner shall provide written notice advising the tenant of the right of first refusal upon delivery of the relocation payment to the tenant or execution of a written agreement pursuant to Section 27.1202(c) of this Article. The notice shall include the owner’s address and telephone number which the tenant may use to contact the owner and shall be signed by the tenant. The property owner shall provide to the Chief of Police, or his or her designee, a copy of the notice within one business day of the property owner’s delivery of the notice to the tenant.

(2) It is the tenant’s responsibility to provide the owner with contact information consisting of the tenant’s current address and/or telephone number to be used for future notification, and to provide updated contact information to the owner if there is any change in the information.

(3) Thereafter, when the structure, or a redeveloped structure on the same site, becomes habitable, the property owner shall give written notice to the tenant advising the tenant that the structure is ready for occupancy. The written notice shall be made by certified mail, return receipt requested.

(4) If the property owner cannot locate a previous tenant after two attempts over a period of two weeks, the property owner shall be deemed to have complied with the first right of refusal provision of this article, and the tenant’s right of first refusal is forfeited.

(Ord. No. 2009-18, §§ 3, 4)

A property owner is not required to provide relocation assistance if:

(a) The tenant is in default of rent at the time vacating the unit (except a tenant withholding rent under state law for correction of unsafe or hazardous conditions); or

(b) The tenant refuses to vacate after timely payment of the relocation payment; or

(c) The tenant has caused or substantially contributed to the conditions giving rise to the abatement; or

(d) The residential structure becomes unsafe or hazardous due to recent events that are beyond the control of the property owner, and the owner’s action or inaction did not contribute to the impact on the structure.

If repairs do not require the relocation of a tenant (thereby allowing the tenant to remain in residence while the repairs are undertaken), it is unlawful for a property owner to increase the amount of rent for any structure rented for residential purposes during the time that repairs are being made pursuant to a city order requiring repairs.

A violation of this Article shall be deemed an infraction for the first offense. A subsequent violation occurring within six months from the first offense shall be deemed a misdemeanor.

In addition to any other available remedy or penalty, the offense is subject to the remedies and penalties provided in Chapter 1.7 of this Code.

Nothing in this Article shall limit or preclude other remedies available to tenants under federal, state or local law.

(Ord. No. 97-17, § 2; Ord. No. 2009-18, § 5)