Moraga Municipal Code Art. 3 Rights of Tenants

A notice of intent to convert shall be delivered to each tenant. Evidence of receipt by each tenant shall be submitted with the tentative map. The form of the notice shall be approved by the planning department and must inform the tenants of all right provided under this article. The form shall contain at least the following information:

A. Name and address of current owner;

B. Name and address of the proposed subdivider;

C. Approximate date on which the tentative map is proposed to be filed;

D. Approximate date on which the final map or parcel map is to be filed;

E. Approximate date on which the unit is to be vacated by nonpurchasing tenants;

F. A detailed explanation of the tenant's right to purchase;

G. Tenant's right of notification to vacate;

H. The relocation assistance plan to be implemented;

I. Statement of no rent increases;

J. Provision for special cases;

K. Provision of moving expenses;

L. Deposit rebate;

M. Remodeling provisions;

N. Other information considered necessary by the planning director.

(Prior code § 8-4431)

As provided in Government Code Section 66427.1(b), a present tenant of a unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least ninety (90) days from the date of issuance of the Subdivision Public Report or commencement of sales, whichever date is later.

(Prior code § 8-4432)

Each nonpurchasing tenant not in default under the rental agreement or lease under which the unit is occupied shall have not less than one hundred eighty (180) calendar days from the approval date of the tentative subdivision map to find substitute housing and relocate. The tenant shall have an additional three months of relocation time for each year, or fractional part thereof, of occupancy up to an additional credit of one year and one hundred twenty (120) days for relocation. The subdivider shall notify each immediately before the time of final map approval of the anticipated date required to vacate the unit and when the one hundred twenty (120) day period begins. Evidence of receipt by each tenant shall be submitted before approval of the final map.

(Prior code § 8-4433)

A tenant's rent shall not be increased for two years from the time of filing the application for the tentative map or until the unit is sold or until the subdivision is denied or withdrawn, whichever occurs first. At the end of the two year period, rent increases are limited to a reasonable amount.

(Prior code § 8-4434)

A. The subdivider shall provide moving expenses equal to two times the monthly rent to a tenant household living in a unit at the time the tentative map is approved and shall pay the tenant at the time the tenant moves. A tenant is not eligible for moving expenses if he or she: (1) becomes a tenant after tentative map approval; (2) has given notice of intent to move before receiving the subdivider's notice of intent to convert; or (3) has been a resident of the project for less than ninety (90) days.

B. The subdivider shall provide each tenant with a monthly list of other rentals available in the central Contra Costa County area beginning from the time of tentative map approval until each tenant relocates or decides to purchase a unit.

(Prior code § 8-4436)

After the subdivider files the tentative map, he or she shall notify each prospective tenant in writing of the intent to convert before leasing or renting a unit.

(Prior code § 8-4437)

Every security, cleaning or other deposit made as a condition of tenancy shall be returned to the tenant within fourteen (14) days after termination of tenancy, unless it is shown that damage has occurred to the unit beyond the scope of repairs or remodeling contemplated in the conversion process, or .unless the landlord is otherwise entitled to the deposit.

(Prior code § 8-4438)

No remodeling planned as part of the conversion may be performed in a unit still occupied by a nonpurchasing tenant without his or her written permission.

(Prior code § 8-4439)

At the time of final map approval, each tenant household in which the head of household or spouse is age sixty (60) or older shall be offered a lifetime lease with reasonable annual rent increases. Starting rents shall be the rent at the time of filing the tentative map. Lease forms shall be submitted to the planning department for review before final map approval.

(Prior code § 8-4440)

At the time of final map approval, a tenant household which meets the income limits of the HUD Section 8 program will be considered a low and moderate income household and shall be offered, at minimum, a three year lease with reasonable annual rent increases. Starting rents shall be the rent at the time of filing the tentative map. Lease forms shall be submitted to the planning department for review before final map approval.

(Prior code § 8-4441)

The applicant or owner of a condominium unit within the project shall not discriminate in the sale or in the terms and conditions of sale of a dwelling unit against a person who is or was a lessee or tenant because that person opposed the conversion of the building into a condominium.

(Prior code § 8-4442)