Hawthorne Municipal Code Ch. 9.72 Tenant Relocation Assistance

The provisions of this chapter are intended to provide relocation assistance to tenants facing eviction due to demolition or removal of their dwelling units, or eviction from a dwelling unit when the dwelling unit is being converted to condominiums.

(Ord. 1361 § 1, 1986)

For the purposes of this chapter, the following definitions shall apply:

"Landlord"

means an owner, lessor or sub-lessor, (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 intent to terminate tenancy when given by a landlord as required by California Civil Code Section 1946.

"Qualified tenant"

means any tenant who satisfies any of the following criteria on the date said tenant receives a notice of termination:

Age sixty-two or older;

Handicapped as defined in Section 50072 of the California Health and Safety Code;

Disabled as defined in Section 223 of the United States Social Security Act;

Person residing with their legal dependent (as determined for federal in-come tax purposes) minor child or children.

"Rental unit"

means each dwelling unit, whether it is a single-family home, apartment, townhouse, condominium or other building which is rented to a tenant for purposes of providing a dwelling. This does not include any housing accommodations in any hospital, convent, monastery, extended medical care facility, asylum or nonprofit home for the aged.

"Tenant"

means a tenant, subtenant, lessee, sublessee or any other person entitled to the use or occupancy of a rental unit. Tenant does not include any person who receives actual written notice prior to entering into possession of the rental unit, that the unit was to be demolished or removed within one year of the agreement creating the tenancy.

(Ord. 1361 § 1, 1986)

The landlord shall provide relocation assistance in accordance with Section 9.72.040 to each tenant in connection with the demolition, removal or conversion to a condominium of a building for any of the following purposes:

A. To construct a new condominium, apartment or other type of dwelling on the site;

B. To use the property for any commercial purpose;

C. To convert an existing apartment building to a condominium.

(Ord. 1361 § 1, 1986)

Relocation assistance, when required by the preceding section, shall be provided in accordance with the following provisions.

A. The landlord shall:

1. Make available to each tenant, at no cost, a reasonably complete and current list of vacant and available rental units within the city, which units are comparable as to size and amenities to the unit occupied by the tenant; and

2. Pay a relocation fee of two thousand five hundred dollars to qualified tenants and a one thousand dollar fee to all other tenants in order to assist such tenants in meeting cost of relocation, higher rents for replacement housing, and related expenses, which payment shall be made as follows. The entire fee shall be paid to a tenant who is the only tenant in a rental unit. When a rental unit is occupied by two or more tenants, any one of which is a qualified tenant, each tenant of the unit shall be paid a pro rata share of the two thousand five hundred dollar fee. When a rental unit is occupied by two or more tenants, none of whom is a qualified tenant, each tenant of the unit shall be paid a pro rata share of the one thousand dollar fee. In no event shall the landlord be liable to pay more than two thousand five hundred dollars to all tenants residing in a unit in which at least one qualified tenant lives, or to pay more than one thousand dollars to all tenants residing in a unit in which no tenant is a qualified tenant. Where a tenant is entitled to monetary relocation benefits pursuant to any local, state or federal law, such benefits shall operate as a credit against any fee required to be paid to the tenant under this section.

3. In lieu of the assistance provided for in subdivision 1 of this subsection, 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 two thousand five hundred dollars per household. 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,

B. When Assistance Shall be Provided.

1. List of available rental units shall be provided by the landlord before the service of the notice of termination and up until the date of termination as set forth in the notice of termination.

2. Monetary Assistance. The landlord shall provide the monetary assistance required by this chapter within fifteen days of service of the notice of termination.

3. Replacement Housing. In lieu of the acts described in subdivisions 1 and 2 of subsection A of this section, the landlord may provide the assistance described in subdivision 3 of subsection A of this section within fifteen days of the service of the notice of termination.

(Ord. 1361 § 1, 1986)

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 this chapter. In addition, any landlord who fails to provide monetary relocation assistance to a tenant as required in 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's fees as determined by the court.

(Ord. 1361 § 1, 1986)

Wilful violation of this chapter by a landlord shall be a misdemeanor.

(Ord. 1361 § 1, 1986)

This chapter shall not apply to a building which is to be demolished pursuant to a demolition order issued by the department of building and safety.

(Ord. 1361 § 1, 1986)