Inglewood Municipal Code § 8-123 Relocation assistance

(a) Temporary Relocation Assistance. If a tenant has vacated a rental unit in compliance with a governmental agency's order to vacate, or due to health or safety conditions, and regardless of whether the owner has served a notice to temporarily terminate a tenancy, the owner shall pay temporary relocation assistance to the displaced tenant household.

(1) The temporary relocation assistance shall be set by resolution of the Board. The amount may be based upon reasonable per diem rates, which may include safe and sanitary hotel, motel, or short-term rental accommodations; meal allowance if the temporary accommodations lack cooking facilities; laundry allowance if the rental property included laundry facilities and the temporary accommodations lack laundry facilities; and pet accommodations if the rental property allowed pets and the temporary accommodation does not accept pets, and costs associated with moving and storage.

(2) The temporary relocation assistance payment will be distributed on a pro-rata basis to the eligible tenant household.

(3) Nothing provided herein prohibits an owner and a tenant from agreeing to a temporary relocation assistance amount different than as provided in the Board resolution adopting temporary relocation assistance payment amounts, provided the owner informs the tenant in writing of the amount of the assistance to which the tenant is entitled to receive under this provision, and the owner and tenant submit to the program administrator written proof of the alternative relocation payment within three business days of executing the agreement.

(b) Permanent Relocation Assistance. An owner of a rental unit shall provide permanent relocation assistance to displaced tenants if the owner issues a termination notice based on any grounds authorized by Section 8-121, Subsections (a)(11) through (a)(14). The amount of proposed relocation assistance, including the breakdown and calculation of the total, shall be included in the termination notice.

(c) Permanent relocation assistance shall be calculated as follows:

(1) Base Relocation Assistance. The owner shall provide a base relocation assistance amount equal to three times the monthly rent in effect when the owner issued the notice to terminate the tenancy. For purposes of this calculation with respect to government-subsidized housing, only the portion of rent paid by the tenant(s) will be used. If one or more minor(s) reside in the rental unit, the base relocation assistance shall be increased by $2,000.

(2) Additional Relocation Assistance. In addition to the base relocation assistance, the owner shall pay an additional relocation assistance for any tenant whose status makes them eligible for such assistance as follows:

The owner shall pay only the highest additional relocation assistance for which any one tenant of that rental unit qualifies.

(d) The tenants shall provide proof of eligibility for the highest applicable additional relocation assistance status to the owner within ten days of receiving the notice. Either party may file an application with the program administrator to resolve any dispute over the appropriate amount of the base relocation assistance or the additional relocation assistance.

(e) Disputes. An owner or tenant may petition the program administrator for a determination of the correct amount of relocation assistance required under this Article at any time prior to the deadline for payment of relocation assistance. Disputes shall be resolved according to the procedures in Article 10, Section 8-135.

(f) Payment of Relocation Assistance.

(1) Distribution of Payment. If more than one adult tenant resides in the rental unit, division or distribution of the relocation assistance, including any monies for a minor, shall be determined by the tenants and communicated to the owner in writing, signed by all tenants on the lease, within ten calendar days of receiving notice of the relocation assistance amount. If tenants do not provide instructions, the owner may issue payment to all adult lessees on a joint check.

(2) Direct Payment. Any relocation assistance shall be provided within fifteen calendar days of service of the notice to terminate the tenancy or within fifteen days of a Hearing Officer's decision resolving any dispute over the relocation assistance amount, whichever occurs later. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided pursuant to this Article shall be recoverable as damages in an action to recover possession.

(3) Escrow Deposit. An owner may place relocation assistance required by this Article in an escrow account.

(A) The deposit must occur prior to service of a notice to terminate tenancy. All costs of an escrow opened pursuant to the provisions of this Section shall be borne by the owner. Escrow instructions shall be approved by the Department.

(B) The escrow instructions shall provide that monies deposited in the escrow account shall only be distributed to a displaced tenant in accordance with the instructions of the owner and that no monies deposited in escrow may be returned to the owner without the written approval of the Department.

(g) Strict Compliance Required. An owner's failure to strictly comply with this Section shall render the notice of termination void.

(h) If it is determined by any government agency, a Hearing Officer, the Rental Housing Board, or any court of competent jurisdiction that the tenant is at fault for the condition or conditions triggering an order or need to vacate a rental unit, as set forth in Section 8-121(a)(12), the tenant shall not be entitled to relocation assistance.

(Ord. 21-09 5-10-21)

(a) A buyout agreement may not pay to a tenant less than the tenant would be entitled to in relocation assistance under Section 8-123.

(b) Before making an offer to a tenant of a buyout agreement, an owner must give a tenant a written disclosure document, in a form set forth in an adopted regulation, setting forth the tenant's rights concerning the buyout agreement including the following:

(1) The right not to enter into the buyout agreement;

(2) The right to consult an attorney and the right to revise the buyout agreement before signing the buyout agreement;

(3) The right to consult the program administrator regarding the buyout agreement; and

(4) The right to rescind the buyout agreement any time up to thirty calendar days after the tenant has signed the buyout agreement.

(c) A buyout agreement that does not satisfy all the requirements of this Article and implementing regulations is not effective and the tenant may rescind the buyout agreement at any time, even after thirty calendar days from the date the tenant signed the buyout agreement. In order to rescind a buyout agreement, the tenant must hand deliver, email or place in the U.S. mail a statement to the owner that the tenant has rescinded the buyout agreement.

(d) The owner shall provide the tenant a copy of the buyout agreement when all the parties have signed and shall file the signed buyout agreement with the program administrator within three calendar days after all parties have signed.

(e) If a tenant rescinds a buyout agreement, the tenant must file a copy of the statement to rescind provided to the owner, with the Housing Protection Department within three calendar days.

(Ord. 21-09 5-10-21)