Mountain View Municipal Code Div. 1 General

This Article shall be known as and may be cited to as the City of Mountain View Tenant Relocation Ordinance.

(Ord. No. 1.2026, § 3, 1/27/26.)

The purpose of this Article is to help mitigate the adverse health, safety and economic impacts experienced by residential tenants who are temporarily or permanently displaced from their residences due to a no-fault termination of tenancy, a demolition of a rental unit, a remodel or redevelopment of a rental unit, a termination of tenancy as a result of a government order, a conversion of a residential unit to a condominium unit, a withdrawal of the rental units from the rental market, or a change of use of real property from a residential use to a nonresidential use by requiring the property owner to mitigate the impact on these tenants consistent with this Article, Article XVII of the Mountain View Charter (Community Stabilization and Fair Rent Act), Article I of Chapter 46 of the Mountain View City Code (Mobile Home Rent Stabilization Ordinance) and state law. The protections provided by this Article apply to tenants of any residential building or structure. The protections of this Article do not apply to the rental of mobile home spaces from a park owner by mobile home owners, as such terms are defined in Mountain View Code Section 46.1.10, but do apply to the rental of the mobile home itself from a mobile home owner by a tenant.

(Ord. No. 1.2026, § 3, 1/27/26.)

For purposes of this Article, the following words, phrases and acronyms shall have the following meaning. The definitions in the Community Stabilization and Fair Rent Act or the Mobile Home Rent Stabilization Ordinance, whichever is applicable, shall apply to terms not otherwise defined in this section.

a. Affordable Rent. The maximum rent that may be charged to a household based on no more than thirty (30) percent of the household's gross household monthly income, according to the procedures set forth in the City's BMR program guidelines.

b. Application. An application required to be submitted to the city for any discretionary or ministerial approval of a land use change or improvement of real property that will result in a permanent displacement of a Residential Household, including, but not limited to a preliminary application.

c. Comparable. A residential unit is comparable to the existing unit if it is located in the City, is reasonably comparable in size number of bedrooms and bathrooms, contains similar accessibility features, proximity to services and institutions upon which the displaced tenant depends, and amenities, including the allowance of pets should the tenant have pets.

d. Consumer Price Index (CPI). Consumer Price Index refers to the Consumer Price Index for All Urban Consumers (CPI-U) for the metropolitan area of San Francisco-Oakland-Hayward, California, not seasonally adjusted (currently designated as Series ID: CUURS49BSA0) by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor designation of that index that may later be adopted by the U.S. Bureau of Labor Statistics.

e. CSFRA. Community Stabilization and Fair Rent Act.

f. Development Project. Development project means any development project, including a housing development project, that proposes to demolish one or more "protected units" as that term is defined by California Government Code section 66300.5(h), as may be amended or renumbered from time to time. However, this definition shall not apply to a project that meets all the criteria in California Government Code section 66300.6(b)(1)(C), as may be amended or renumbered from time to time.

g. Displace, Displaced or Displacement. The vacating of a rental unit (as defined below) as the result of any of the causes set forth in Section 46.2-1.20 (Permanent Relocation) or Section 46.2-1.25 (Temporary Relocation).

h. Eligible Residential Household. A Residential Household permanently Displaced provided the annual household income does not exceed one hundred twenty percent (120%) of the median household income for Santa Clara County, as adjusted for household size, according to the California Department of Housing and Community Development, as adjusted annually, plus five thousand dollars ($5,000.00).

i. Landlord. An owner, lessor or sublessor, or any other person entitled to receive rent for the use and occupancy of any rental unit, or the agent, representative, predecessor or successor of any of the foregoing. With respect to mobile homes, the landlord means the owner of the mobile home, which may or may not be the same as the owner of the mobile home space. In the context of an Application, Landlord includes the applicant.

j. Lower Income Household. A household with a household income that meets the definition of a low-income household in Section 50079.5 of the California Health and Safety Code, which generally correlates to eighty percent (80%) of the median income, subject to adjustments in accordance with Section 50079.5 of the California Health and Safety Code.

k. MHRSO. Mobile Home Rent Stabilization Ordinance.

l. Moving Costs. Moving costs shall be the reasonable actual costs incurred by the Tenant to move from the rental unit, as evidenced by an invoice or receipt of payment from a moving company licensed to do business, or the costs incurred by the tenant to perform a self-move, including any costs for rental of equipment and vehicles, and the purchase of moving supplies. Any Moving Costs owed to a Tenant shall not exceed the maximum amount set in the administrative guidelines issued by the Housing Director in accordance with Section 46.2-3.15, regardless of the actual amount incurred by the Tenant.

m. Permanent Relocation. The relocation of a Tenant due to permanent termination of tenancy, in which case the tenant is not expected to reoccupy the rental unit. Notwithstanding the intent to permanently terminate the tenancy, tenants subject to permanent relocation are eligible to reoccupy the original rental unit should the original rental unit be returned to the rental market as provided in Section 46.2-1.30.

n. Property. All rental units on a parcel or lot or contiguous parcels or contiguous lots or within a mobile home park under common ownership.

o. Rental Housing Agreement. An agreement, oral or written, or implied, between a landlord and tenant for use or occupancy of a Rental Unit and for housing services.

p. Rental Unit. Any building, structure or part thereof, or mobile home in a mobile home park, and land appurtenant thereto, or any other property rented or offered for rent for residential purposes, 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.

For purposes of this Article, a Rental Unit shall not include:

1. Rental units in hotels, motels, inns, tourist homes, and rooming and boarding houses which are rented primarily to transient guests, as defined in Section 33.1(d), for a period of fewer than thirty (30) days.

2. A room or any other portion of any Rental Unit which is occupied by the landlord or a member of the landlord's immediate family.

3. A mobile home space that is rented to a mobile homeowner except to the extent that such space is included as part of the rental of the mobile home.

q. Residential Household. Any person or group of persons entitled to use or occupy a Rental Unit to the exclusion of others.

r. Special-Circumstances Households. An Eligible Residential Household with any of the following characteristics:

1. At least one (1) member is sixty-two (62) years of age or older.

2. At least one (1) member qualifies as disabled as that term is defined in Section 423 of Title 42 of the United States Code or California Government Code Section 12955.3.

3. Is a household with one (1) or more minor children (nineteen (19) years of age or under) who are legal dependents of another household member (as determined for federal income tax purposes).

4. A Lower Income Household.

s. Substantial Rehabilitation. Repairs that are necessary to bring the Rental Unit into compliance with applicable codes and laws affecting the health and safety of tenants of the Rental Unit and which will render the Rental Unit uninhabitable while such repairs are occurring.

t. Temporary Relocation. The relocation of a Tenant due to Substantial Rehabilitation or other causes where the Tenant is expected to return to the Residential Unit upon completion of the rehabilitation.

u. Tenant. A tenant, subtenant, lessee, sublessee or any other person entitled to the use or occupancy of any Rental Unit.

v. Third-Party Agency. Relocation assistance specialist, agency and/or other third-party agency hired by the city and paid for by the landlord to assist with the relocation assistance process set forth in this Article.

(Ord. No. 1.2026, § 3, 1/27/26.)

a. When Permanent Relocation Assistance is Required. A landlord shall pay permanent relocation assistance as required by this section to an Eligible Residential Household whose tenancy is terminated or caused to be terminated under any of the following circumstances.

1. The landlord seeks in good faith to recover possession of the Rental Unit to withdraw all Rental Units on a single parcel or lot or all Rental Units owned by a landlord on the property from the rental housing market as provided in California Government Code § 7060, et seq., or other applicable law, if any.

2. The landlord has received all necessary permits from the City and intends, in good faith, to permanently remove the Rental Unit from use as a rental by demolishing it.

3. If a government enforcement agency issues an order requiring the Tenant(s) to vacate the Rental Unit, unless the agency determines that the Tenant substantially caused or created the condition that led to the order. However, if the landlord formally notifies the City in writing that they intend to fix the condition cited in the order, the Tenant shall instead be eligible for temporary relocation assistance under Section 46.2-1.25.

4. The landlord seeks to convert the rental building into a condominium, community apartment or stock cooperative, as those terms are defined in the California Government Code and Business and Professions Code.

5. A change of use of real property from a residential use to a nonresidential use that requires a permit or approval from the City.

6. The change from rental to ownership units where the units were rented out for a period of time after being approved for sale.

7. The landlord seeks to recover possession of the Rental Unit pursuant to Mountain View Charter Section 1705(a)(7) or Mountain View City Code Section 46.1.40(a)(7) ("Owner move-in").

b. Exemptions from Permanent Relocation

A landlord shall not be required to pay permanent relocation assistance if a tenancy is terminated for any of the following reasons.

1. When any portion of a mobile home park is being converted pursuant to Chapter 28 of this Code or California Government Code Section 65863.7, and the City has approved a closure impact report that mitigates relocation impacts on mobile home owners. However, mobile home Tenants who are not mobile home owners (as defined in Section 46.1.10) remain eligible for permanent relocation assistance pursuant to subsection (a) above.

2. When a Rental Unit must be vacated because it was damaged or destroyed by a fire, flood, earthquake, or other natural disaster, and the landlord did not cause or significantly contribute to the damage, as determined by the local enforcement agency.

3. Temporary displacement covered by Section 46.2-1.25 below due to Substantial Rehabilitation work, where the landlord is acting in good faith and has obtained all necessary permits from the City (or the State, if applicable).

4. The Residential Household has not paid rent as required by the rental housing agreement or was found to have committed an unlawful detainer pursuant to Subdivisions 2, 3, 4 or 5 of § 1161 of the California Code of Civil Procedure as evidenced by a final judgment of a court of competent jurisdiction.

c. Permanent Relocation Assistance Payment

1. When a landlord is required to provide relocation assistance under subsection (a) above, the landlord shall provide all of the following:

(a) A full refund of a Tenant's security deposit, except for funds that may be necessary to repair Tenant's damage to property in Rental Units that will be reoccupied.

(b) Unlimited access to a subscription service to a rental agency until the earlier of the Tenant securing alternative housing or the termination of the tenancy.

(c) Relocation support services provided by a Third-Party Agency, including personalized assistance that helps Tenants find replacement housing that fits their preferences, budget, location needs, and other requirements. This also shall include up to five (5) rounds of housing referrals based on a review of available rental listings, including internet listings, contact with property management companies, affordable housing opportunities (including wait-list opportunities), and other housing leads.

(d) The cash equivalent of three (3) months' rent, based on the median monthly rent for a Comparable Rental Unit as determined by the City of Mountain View based on a survey taken at least quarterly of apartment rents in Mountain View.

(e) An additional eight thousand dollars ($8,000.00) per Rental Unit for Special - Circumstances Households adjusted annually beginning in 2020 for inflation as calculated by the change in the Consumer Price Index. The adjustment shall be made at the beginning of each calendar year.

(f) Moving Assistance. The landlord may select either of the following forms of moving assistance: (i) professional moving services from a licensed moving company paid in full by the landlord; or (ii) reimbursement of the Tenant's Moving Costs, in which event the landlord shall reimburse the Tenant for Moving Costs within fourteen (14) days of receipt of invoices or other proof of expenses from the Tenant.

A landlord shall provide moving assistance to every Residential Household whose tenancy is terminated or caused to be terminated for any of the reasons enumerated in subsection (a) above, regardless of whether the household qualifies as an Eligible Residential Household.

2. Residential Households that received written notice, before entering into a written or oral rental agreement, that an application to convert or demolish their Rental Unit was already on file with or had been approved by the City and would result in their displacement, shall only be eligible for a sixty (60) day subscription to a rental agency.

3. If Tenants are eligible for relocation assistance or benefits under state or federal law, the Tenant's relocation assistance shall be consistent with whichever law provides the greatest level of benefit.

4. Relocation assistance shall be provided per Rental Unit, not per Tenant.

d. Comparable Replacement Unit in Lieu of Relocation Payment.

In lieu of paying the relocation assistance described in subsection (c) above, the Landlord may offer the displaced Tenant a Comparable replacement Rental Unit within the City of Mountain View, at a rent that does not exceed the amount the Tenant was paying for the unit from which the Tenant was displaced. If the Tenant accepts the replacement unit, the Tenant will only be entitled to moving assistance as described in subsection (c)(1)(f) above.

(Ord. No. 1.2026, § 3, 1/27/26.)

a. When Temporary Relocation Assistance is Required. A Landlord is required to provide temporary relocation assistance to all Tenants as required by this section under the following circumstances:

1. After having obtained all necessary permits from the City (or the State, if applicable), the Landlord seeks in good faith to undertake Substantial Rehabilitation of the Rental Unit.

2. A government enforcement agency issues an order requiring the Tenant(s) to vacate the Rental Unit, and the Landlord formally notifies the City in writing that they intend to promptly fix the condition cited in the order.

b. Temporary Relocation Assistance. A Landlord shall provide the following relocation assistance options for the Tenant to choose from, in addition to required moving assistance, whenever a Tenant is temporarily displaced.

1. Relocation Assistance Payment. A per diem payment equal to the difference in the Tenant's current per diem rent for the Rental Unit and the per diem rent for a Comparable Rental Unit based on the median monthly rent for a Comparable Rental Unit as determined by the city based on a quarterly survey of apartment rents in the city. During any time period that the Tenant is displaced temporarily from the Rental Unit, the Tenant shall not be responsible for payment of rent to the Landlord and if the Tenant has paid rent in advance, the Landlord shall provide a refund to the Tenant of the advance paid rent prior to the Tenant temporarily vacating the Rental Unit.

2. Temporary Relocation. Alternative accommodations at the Landlord's cost for the period of time during which the Tenant is displaced in a temporary accommodation, including at a Comparable Rental Unit, a short-term rental, hotel, motel or extended stay motel that is adequate in size for the Tenant's household, contains cooking facilities and on-site laundry facilities and is within a five-mile radius of the Rental Unit. If the Tenant accepts the Landlord's offer of Temporary Relocation to alternative accommodations, the Tenant shall continue to be responsible for payment of rent at the Rental Unit during the time that the Tenant is temporarily displaced.

3. Permanent Relocation to Comparable Unit. If available, a Comparable Rental Unit within the City of Mountain View at a rent that does not exceed the Tenant's rent for the Rental Unit from which the Tenant was displaced. Tenants electing permanent relocation to a Comparable Rental Unit are not eligible to return to the original Rental Unit after completion of any repairs or renovation. The Landlord shall not be required to provide this relocation assistance option if a Comparable Rental Unit is not available within the City of Mountain View.

4. Moving Assistance. Tenants receiving relocation assistance pursuant to subsections 1, 2 or 3 above are also entitled to moving assistance consisting of, at the Landlord's election, either: (i) the Landlord providing, at the Landlord's cost, professional moving services from a licensed moving company; or (ii) the Landlord reimbursing the Tenant's Moving Costs. If the Landlord elects to reimburse the Tenant for Moving Costs, the Landlord shall pay the Tenant the Moving Costs within fourteen (14) days of receipt of invoices or other proof of expenses received from the Tenant. If the Tenant elects relocation assistance pursuant to subsections 1 or 2 above, the required moving assistance shall be provided by the Landlord for both the Tenant's move out of the displacement Rental Unit and the Tenant's return to the displacement Rental Unit.

5. Duration of Temporary Relocation — Extension and Tenant Options. In the event the duration of the Temporary Relocation exceeds one hundred twenty (120) days, plus any approved extension, the Tenant shall be eligible for, at the Tenant's election, either continuation of the benefits set forth in this section until the Tenant is able to return to the Rental Unit or permanent relocation benefits pursuant to Section 46.2-1.20. The one hundred twenty (120) day temporary relocation period set forth in the sentence above may be extended by City staff for up to an additional sixty (60) days upon a showing of good cause by the Landlord. The administrative guidelines issued by the Housing Director under Section 46.2-3.15 shall define what constitutes good cause and establish the process for Landlords to request an extension. If the Tenant elects permanent relocation benefits, the permanent relocation benefits shall be in addition to any temporary benefits already received.

(Ord. No. 1.2026, § 3, 1/27/26.)

a. First Right of Return to Original Rental Unit. Except as stated otherwise in this Article, all Tenants shall have a first right of return to the Rental Unit from which the Tenant was displaced if that Rental Unit is returned to the market by the Landlord or successor Landlord. Rent for the Rental Unit shall be the rent lawfully paid by the Tenant at the time the Landlord gave notice of termination, as increased by any allowed annual general adjustments. The Landlord shall notify the Tenant and the City at least sixty (60) days in advance of the return of the Rental Unit to the market if the Tenant has provided the City and the Landlord with an address for such notice. The City shall provide the Landlord with the list of contact information for former Tenants, and any additional contact information received by the City, if any. The offer to the Tenant shall be deposited in the United States mail, by registered or certified mail with postage prepaid, as well as regular mail postage prepaid, addressed to the Tenant at the address furnished to the Landlord. The notice must include the following information:

1. The fact that the Rental Unit formerly occupied by the Tenant is being returned to the rental market.

2. The rent for the Rental Unit, which shall not exceed the lawful rent paid by the Tenant immediately prior to displacement as increased by any allowed annual general adjustments, if the Rental Unit is covered by the CSFRA or the MHRSO, or any rent increases allowed by California Civil Code 1947.12, if applicable.

3. Notice that if the Tenant wishes to reoccupy the Rental Unit, the Tenant must reply to the Landlord in writing within thirty (30) days of receipt of the notice.

4. If the Tenant chooses to reoccupy the Rental Unit, it will be held for the Tenant for sixty (60) days from the date of reply.

Within thirty (30) days of receipt of the notice of availability from the Landlord, the Tenant must notify the Landlord if they wish to reoccupy the Rental Unit by either personal delivery or depositing the Tenant's acceptance in the United States mail by registered or certified mail with postage prepaid and regular mail, postage prepaid. The Landlord must hold the Rental Unit vacant at no cost to the prior Tenant for sixty (60) days from the date the prior Tenant's written notice of its intent to reoccupy the Rental Unit is received. The rental agreement for the Rental Unit shall contain substantially the same terms at the same rent, subject to any allowed annual general adjustments, as the rental agreement prior to the Tenant's displacement, except where otherwise required by law.

b. Right of First Refusal for Replacement Units. Any Lower Income Household that has been Displaced by a Development Project shall have the right of first refusal to rent or purchase a new Comparable replacement Residential Unit in the Development Project, or in any Comparable replacement Residential Unit constructed on a site other than the one from which the Lower Income household was Displaced, affordable to the household at an Affordable Rent for the category which corresponds to their income or, if the new Residential Units are sold, at an affordable housing cost as defined by Section 50052.5 of the Health and Safety Code. For purposes of this subsection:

1. A household that is otherwise eligible for the right of first refusal under this subsection may be required to certify their household income and fulfill other eligibility requirements. If the household is no longer eligible because of an increase in household income, the Landlord shall not be excused of its obligation under any executed regulatory agreement to make the Residential Unit available to a Lower Income Household. The Landlord shall offer a Residential Unit at market rent or market price to that displaced Tenant who holds a right of first refusal but who is no longer eligible for an affordable unit.

A Tenant eligible for a right of first refusal pursuant to this subsection (b) may not waive that right and any such waiver in a buy out or move out agreement is void. In cases where a Landlord has constructed a housing development in which 100 percent of the residential units, exclusive of manager's units, are reserved for Lower Income Households, Tenants who were displaced from the property shall be granted a right of first refusal for a Residential Unit at the newly constructed building subject to their ability to meet income qualifications and other applicable eligibility requirements when the new residential units are ready for occupancy.

c. Where a Tenant has a right of first refusal pursuant to this section, the Landlord shall notify the former Tenant at least sixty (60) days in advance of the issuance of a temporary certificate of occupancy or certificate of occupancy for the building in which the unit is located, based on information provided by prior Tenants as included in the application, the addenda thereto, and any additional contact information received by the City. The notice must include the following information:

1. The fact that the new Residential Units have been completed.

2. The address of any Replacement Unit constructed on a site other than the one from which the Tenant was Displaced, if applicable.

3. Information on the square footage and number of bedrooms in the Residential Unit being made available.

4. Information on whether Residential Units are available for rent or for purchase.

5. Information on the former Tenant's entitlement to occupy the building based on the household income status.

6. A table listing income thresholds and the rent or purchase price based on household size.

7. Notice that if the Tenant wishes to claim a Residential unit in the new building, they must reply within thirty (30) days of receipt of the notice.

8. If available for rent, notice that if the prior Tenant chooses to claim a new Residential Unit for rent, it will be held for the prior Tenant for sixty (60) days from the date of reply.

9. If available for purchase, notice that if the prior Tenant chooses to claim a new Residential Unit for purchase, they must enter into a contract for purchase no later than ninety (90) days after the sales program begins.

d. In the case of rental of a new Rental Unit, within thirty (30) days of receipt of the notice of availability, a prior Tenant must notify the Landlord if they wish to rent the new Rental Unit. The Landlord must hold the Rental Unit vacant at no cost to the prior Tenant for sixty (60) days from the date the prior Tenant's written notice of its intent to occupy the Rental Unit is received. The Rental Housing Agreement for the new Rental Unit shall contain substantially the same terms as the Tenant's prior Rental Housing Agreement.

e. In the case of a prior Tenant's purchase of a new residential unit, the prior Tenant shall have the option to purchase a new residential unit at an affordable housing cost as defined by Section 50052.5 of the California Health and Safety Code for the income category which corresponds to their income and upon the same or more favorable terms and conditions that such residential units are initially offered to the general public. Such right shall run for at least ninety (90) days from the date the sales program begins so long as the prior Tenant is notified of their right to purchase in accordance with this section.

(Ord. No. 1.2026, § 3, 1/27/26.)