Mountain View Municipal Code Div. 2 Relocation Procedures

a. Unit Inventory.

1. As part of any development project Application that will result in Tenant displacement, the Landlord must submit a "Unit Inventory" to the City. This inventory must identify all affected Rental Units, including unpermitted units. For each affected Rental Unit, the Unit Inventory must include the occupancy status as of the date of Application, name(s) of the current or most recent occupants, the household size, number of bedrooms and square footage of each Rental Unit, whether the Tenant is eligible for a right of first refusal, and household income of the current or most recent occupants.

The household income shall be submitted on a City income verification form completed and signed by the occupants. If income cannot be verified, Landlord shall submit a statement signed under the penalty of perjury explaining that the household income is not known and could not be determined, despite good faith efforts.

If the Tenant is eligible for the right of first refusal, the Unit Inventory also shall include the Tenant's contact information as provided by the Tenant.

(a) If any vacant Rental Unit was occupied at any time within the five (5) years before the project Application is submitted, the Landlord must include in the Unit Inventory a full explanation of how and when the Rental Unit became vacant. This explanation must show that the Rental Unit was vacated through a lawful process.

If the Unit Inventory shows that a Rental Unit became vacant through an unlawful process, or the Landlord does not provide sufficient documentation to show that all previously occupied Rental Units became vacant lawfully, the City shall deny the permit Application unless doing so would violate State law or the Landlord identifies the former Tenants, and offers them a Right of First Refusal that complies with the requirements of Section 46.2-1.30.

Notwithstanding the foregoing, a Landlord is not required to document the vacancy process if they can show, with evidence submitted in the Unit Inventory, that the Rental Unit was already vacant when the Landlord bought the property, and that the Landlord has made good faith but unsuccessful efforts to get information about the former Tenant from the previous property owner.

(b) If a Rental Unit is occupied, the Unit Inventory must include a statement acknowledging that the Tenant must be provided with proper legal notices identifying a valid just cause for eviction of that Rental Unit under the CSFRA, the MHRSO or California Civil Code Section 1946.2 as applicable prior to any termination of the tenancy and that causing a Rental Unit to become vacant by unlawful means shall be a basis for voiding the entitlement and denial of the demolition permit, grading permit, and/or building permit.

2. Prior to issuance of any demolition, grading, or building permit, the Landlord must submit a First Addendum to the Unit Inventory. This addendum must include the current status of each affected Rental Unit, the last date each Rental Unit was occupied, and the last monthly rent charged for each Rental Unit.

For any Rental Unit previously reported as occupied, the Landlord must provide evidence sufficient to demonstrate that it became vacant lawfully and in full compliance with all applicable laws and submit a signed affirmation of this lawful vacancy. If any Rental Unit is found to have become vacant unlawfully, or the Landlord fails to provide evidence sufficient to demonstrate that it became vacant lawfully, the City shall deny the Application for the demolition, grading, or building permit, unless doing so would violate State law, and the project's entitlement may be voided, unless doing so would violate State law.

The requirements set forth in this subsection (2) shall be included as a condition of project approval.

3. Prior to issuance of a temporary certificate of occupancy or certificate of occupancy, the Landlord shall prepare and submit to the City a second addendum to the Unit Inventory. This addendum shall describe, for each current or former Tenant, how the Landlord has complied with the Right of First Refusal requirements, if applicable, set forth in Section 46.2-1.30. If the second addendum fails to demonstrate compliance with the Right of First Refusal requirements, the temporary certificate of occupancy or certificate of occupancy shall be withheld until compliance is demonstrated. The requirements set forth in this subsection (3) shall be included as a condition of project approval.

4. The Unit Inventory and each addendum thereto shall be signed under the penalty of perjury.

5. When submitting a Unit Inventory or addendum, the Landlord shall provide the following:

(a) For each Rental Unit where the Landlord claims the Tenant vacated in response to a termination notice that complies with State and/or local law, a copy of all termination notices and related documents provided to the Tenant.

(b) For each Rental Unit where the Landlord asserts the Tenant voluntarily vacated the Rental Unit, with no undue pressure, coercion, harassment, or misrepresentations of law or fact from the Landlord, a statement signed under the penalty of perjury describing how the Tenant vacated the Rental Unit, including any supporting documentation such as correspondence from the Tenant.

(c) If any relocation payments were required under this Article or other State or local laws, including without limitation California Government Code Sections 66300.5 and 66300.6, or if any relocation payments were voluntarily provided, a description and documentation of such relocation payments.

b. Informational Notice. Within 30 days after receiving a project Application, the City will send Tenants an informational notice about the Application. This notice is for informational purposes only and does not replace any notice the Landlord is required to provide under this Article.

c. Notice of Property Redevelopment.

1. Landlord required to provide notice of property redevelopment. Landlord shall provide a notice of property redevelopment ("Notice of Property Redevelopment") on a City pre-approved form to Residential Households residing on the property no later than one (1) year prior to the expected date upon which the Tenant must vacate the Rental Unit. The Notice of Property Redevelopment shall be personally delivered or served by mail, in the manner required by California Code of Civil Procedure § 1162. Landlord shall also provide a copy of the Notice of Property Redevelopment to the City. The Notice of Property Redevelopment shall not replace any notice obligations pursuant to California Civil Code Sections 1940.6 or 1946 or any requirements to give a Notice of Intent to Withdraw Rental Units pursuant to Section 46.2-2.20. The Notice of Property Redevelopment may be given concurrently with the Notice of Intent to Withdraw Rental Units at the Landlord's election, provided that both notices are given within the time period set forth in this paragraph.

2. Contents. The Notice of Property Redevelopment shall contain all of the following information.

(a) The name and address of the current Landlord and/or developer of the project on the property.

(b) If applicable, a description of the Application(s) that have been filed or approvals that have been granted related to the redevelopment of the property, a general time frame for the project approval and development and expected time frame for Tenants to vacate.

(c) An explanation of the relocation assistance available to Eligible Residential Households and Special-Circumstances Households, information on Eligible Residential Household incomes, special circumstances incomes and other qualifications for special circumstance households and the procedure for submitting claims for relocation assistance as well as an explanation of the Tenants right to return to the Rental Unit or right of first refusal for newly constructed residential units on the property.

(d) A statement that the Notice of Property Redevelopment does not constitute a notice of termination of tenancy, that the Tenant is not required to move until receiving a valid notice of termination of tenancy, and that the Tenant is entitled to reside in the residential unit until six (6) months prior to the issuance of a building permit or demolition permit.

(e) A statement that if the Tenants vacate the Rental Unit and construction does not occur, the Tenant has a right to re-rent the Rental Unit at the same rent paid prior to vacating the Rental Unit.

(f) Other information deemed necessary or desirable by the City.

3. Notice of Property Redevelopment Verification. Within fifteen (15) days of delivery of the Notice of Property Redevelopment to the Tenants, the Landlord shall submit to the Housing Department a duplicate copy of the Notice of Property Redevelopment given to each Residential Household and a declaration indicating that each notice was personally delivered or served by mail, in the manner required by California Code of Civil Procedure § 1162.

d. Notice to Third-Party Agency. Landlord shall provide the most current Unit Inventory at the time that the Notice of Property Redevelopment is given to the Tenant to the Third-Party Agency within fifteen (15) days of delivery of the Notice of Property Redevelopment to the Tenants

e. Update Notice. In addition to the Notice of Property Redevelopment, and the Notice of Intent to Withdraw Rental Units required by Section 46.2-2.20, if applicable, and any other notice required herein, the Landlord shall provide the Tenants with notice required by Government Code Section 66300.6(b)(3) (A) at least six (6) months in advance of the date the Tenants must vacate. If the start of construction for the property redevelopment is delayed for any reason, the Landlord shall provide the Tenants with written notice of such delay as soon as the Landlord becomes aware of such delay but in all events at least three (3) months prior to the date established for the Tenants to vacate the property in the original notice, which notice shall include the updated date by which the Tenant must vacate, which date may not be sooner than three (3) months after the date of the notice.

f. Payments Escrow Account. At least ten (10) days prior to serving a Notice of Property Redevelopment on any Tenant subject to displacement related to a development or building permit, including a demolition permit, the Landlord shall open an escrow account and deposit any relocation assistance funds owed to Eligible Residential Households pursuant to this Article into that account that will be used by the Third-Party Agency for relocation assistance payments to Eligible Residential Households. The amount of the deposit shall be determined by the Housing department and unused funds shall be returned to the Landlord after all relocation assistance has been paid as verified by the Third-Party Agency. Deposit of the relocation assistance funds into the escrow account shall be a condition of issuance of any demolition or building permit.

g. Tenant Claim Form. To qualify for relocation assistance, Tenants must complete a claim form and provide it to the Third-Party Agency who will determine their eligibility for relocation assistance. Residential Households must file a claim before the date to vacate as stated on the notice of termination in order to be eligible for relocation assistance payments.

1. After determination of eligibility, one-half of the relocation assistance required pursuant to this Article shall be paid to Eligible Residential Households within fifteen (15) days of the date the claim form is submitted to the Third-Party Agency, but in no event later than fifteen (15) days after the notice of termination is served on the Tenant and the remaining one-half shall be paid when the eligible residential household secures alternative housing as evidenced by a signed rental agreement or other documentation or vacates the Rental Unit, whichever occurs first.

2. For any Residential Household that the Third-Party Agency determines is not an Eligible Residential Household but is entitled to moving assistance, the Landlord shall provide the moving assistance in accordance with Section 46.2-1.25(b)(4) of this Article.

h. Fees. The Landlord shall pay a fee to the city for the cost of the assistance of the Third-Party Agency to provide relocation assistance pursuant to this Article in an amount set by resolution of the city council.

i. Verification of Compliance. Prior to issuance of demolition permits, building permits or other city permits that would result in the displacement of Tenants from a Rental Unit subject to this Article, the city must receive verification from the Third-Party Agency that all Eligible Residential Households who applied and qualified for assistance have received relocation assistance. This verification shall be submitted in a form acceptable to the city.

j. Notice of Termination. For all displacements, Landlord shall provide a written notice of termination to all Tenants subject to displacement pursuant to California Civil Code Section 1946 and Section 1946.1. The date to vacate shall not be prior to the city's determination that the Landlord has complied with this Article and pursuant to California Government Code Section 66300.6(b)(3) (A) shall not be earlier than six (6) months prior to the commencement of construction, which for purposes of this section includes the commencement of demolition.

(Ord. No. 1.2026, § 3, 1/27/26.)

When a tenancy is terminated for owner move-ins, government orders, or other displacements that do not require a City Application, the Landlord shall comply with the following relocation assistance procedures.

a. Notice of Termination.

1. Written Notice Required. The Landlord must provide a written notice of termination to all Tenants being displaced due to owner move-ins, government orders, and other no-fault terminations, including under California Civil Code Sections 1946 and 1946.1.

2. Timing of Move-Out Date. The vacate date in the notice shall not precede the date the City confirms that the Landlord has complied with requirements under this Article, unless termination is due to government order citing health and safety conditions that make continued occupancy unsafe. In the event termination is due to a government order citing an unsafe condition, the Landlord shall file a copy of the order with the City Housing Department within five (5) business days of delivering notice of termination to the Tenant.

3. Delivery of Notice. The notice must be personally delivered to the Residential Household or served by mail in accordance with California Code of Civil Procedure Section 1162.

4. Notice Content. The notice must clearly state the reason for the termination, inform the Tenants of their rights under this Article, and include any rights they may have under the CSFRA, MHRSO, or California Civil Code Section 1946.2, if applicable.

5. Copy of Notice to City. The Landlord shall file a copy of the termination notice with the City Housing Department within five (5) business days of delivering the notice to the Residential Household.

b. Notice to Third-Party Agency. Within five (5) business days of filing the notice of termination with the City, the Landlord must also provide the following information to the City-designated Third-Party Agency:

1. The address of each Rental Unit being vacated.

2. Number of bedrooms and bathrooms in each Rental Unit.

3. Names of all known household members.

4. Household income, based on information from the rental agreement and related documents.

5. Total number of household members, including children.

If there is no written rental agreement, the Landlord must provide the names of all persons they consider to be residents.

c. Tenant Claim Form. To receive relocation assistance, Tenants must complete and submit a claim form to the Third-Party Agency before the vacate date. The Third-Party Agency will review the claim, determine eligibility for relocation assistance, and notify the Landlord and the Tenant.

d. Relocation Assistance Payment. Within fifteen (15) days after receiving notification of eligibility from the Third-Party Agency, the Landlord shall pay the full relocation assistance amount directly to the Tenant. The Landlord shall submit proof of payment to the Third-Party Agency within five (5) business days after making payment. The Third-Party Agency shall provide the Landlord with a written acknowledgment of payment and shall send confirmation of payment to the City.

e. Fees. The Landlord shall pay a fee to the City for the cost of the assistance of the Third-Party Agency to provide relocation assistance pursuant to this Article in an amount set by resolution of the City Council.

f. Verification of Compliance. Within five (5) days of receiving confirmation of payment from the Third-Party Agency, the City shall review and verify the Landlord's compliance with this Article.

(Ord. No. 1.2026, § 3, 1/27/26.)

a. Purpose and Scope. Under California's Ellis Act (California Government Code §7060 et seq.), cities with rent stabilization laws (like Mountain View) are allowed to set rules for how property owners can remove Rental Units from the housing market. This section explains the rules, procedures, and Tenant protections that apply when: 1) a building containing Rental Units covered by the CSFRA is removed from the rental market, or 2) a mobile home park Landlord removes all mobile home Rental Units they own in that park from the market. These rules are designed to work in coordination with the tenant protections and relocation assistance already required under other parts of this Article, when applicable to the Rental Unit.

b. Definitions. For purposes of Sections 46.2-2.15 - 46.2-2.25, the following words and phrases shall have the following meaning. To the extent that terms used in Sections 46.2-2.15-46.2-2.25 are not defined below, the definitions in Section 46.2-1.15 or those in the CSFRA or the MHRSO, whichever is applicable, shall apply.

1. "Accommodations" shall mean either of the following:

(a) The residential Rental Units in any detached physical structure containing four (4) or more residential Rental Units.

(b) The residential Rental Units in any detached physical structure containing three (3) or fewer residential Rental Units plus the residential Rental Units in any other structure located on the same parcel of land under common ownership, including any detached physical structure described in subparagraph (a) above.

2. "Owner" shall mean only the person(s) or entity listed on the official property title who holds full legal and equitable ownership of the property, or their legal successor-in-interest. It shall not include the lessor, sublessor, agent, or representative of the owner.

With respect to mobile homes, "Owner" shall mean the owner of the mobile home, who may or may not be the same as the owner of the mobile home park.

Only the owner, as defined in this subsection, shall exercise the privileges and responsibilities set forth in Sections 46.2-2.15 - 46.2-2.25.

"Owner" shall include any successors and assigns.

3. "Withdraw or Withdrawal" shall mean the termination of all tenancies from all residential Rental Units on a particular property, or in the case of mobile homes, the termination of all tenancies from all mobile homes under common ownership or control located in a mobile home park, in compliance with the requirements of Sections 46.2-2.15 - 46.2-2.25. Withdrawal may be the result of the issuance of permits and approvals for redevelopment of the property or permits for demolition of the accommodations in which event the Landlord is also required to comply with any notice required by Section 46.2-2.10(a).

(Ord. No. 1.2026, § 3, 1/27/26.)

If an Owner plans to withdraw Rental Units subject to rent stabilization under CSFRA or the MHRSO from the market pursuant to the Ellis Act (California Government Code Section 7060 et seq.), the following provisions shall apply.

a. Notice to City of Intent to Withdraw Rental Units. No less than 120 days before the date the Accommodations will be withdrawn from the market, the Owner must submit a Notice of Intent to Withdraw Rental Units signed under the penalty of perjury to the City's Housing Department. The Notice must be submitted on a form provided by the Housing Department and shall include the following:

1. The total number of Accommodations on the property.

2. The total number of Accommodations to be withdrawn.

3. The address or location of the Accommodations to be withdrawn.

4. The name and address of all Tenants living in the Accommodations to be withdrawn.

5. The rental rate for each Accommodation to be withdrawn.

6. The date the Accommodations will be withdrawn from the market.

b. Public Record of Withdrawal. At the time the Owner files the Notice of Intent to Withdraw Rental Units with the Housing Department, the Owner shall:

1. Complete and notarize a summary (excluding tenant names, rent amounts, and total number of units) of the Notice of Intent to Withdraw Rental Units on a form provided by the Housing Department.

2. Record the form with the County Recorder and file a copy with the Housing Department.

c. Notice to Tenants of Termination. Concurrently with the delivery of the Notice of Intent to Withdraw Rental Units to the City, the Owner shall serve written "Notice of Termination" on all affected Tenants. The Notice shall include the following information:

1. A statement that all Accommodations on the property are being withdrawn from the rental market.

2. The date the owner filed the Notice of Intent to Withdraw Rental Units with the City.

3. The date the Accommodations will be withdrawn from the market.

4. The date the Tenant must vacate the Accommodation.

5. A statement that the Tenant may be eligible for relocation assistance.

6. Any other information required by the CSFRA or MHRSO.

7. The following information regarding extended protections for seniors and persons with disabilities:

• If a Tenant is a senior or disabled (as defined by California Government Code §12955.3) and has lived in the Accommodation for at least one year prior to the date of delivery of the Notice of Intent to Withdraw Rental Units, the date of termination may be extended to one year after date of delivery of the Notice of Intent to Withdraw Rental Units.

• To qualify for the above extended termination date, the Tenant must notify the owner of their senior or disabled status within sixty (60) days after the date the Notice of Intent to Withdraw Rental Units was filed with the City.

d. Move-Out Date.

1. The date a Tenant is required to vacate an Accommodation being withdrawn from the market shall not precede the date the City determines that the Owner has complied with this Article.

2. If the Owner is subject to the provisions of 46.2-1.30(a) (First Right of Return), the date to vacate in the Notice of Intent to Withdraw Rental Units shall be no earlier than six (6) months prior to the commencement of construction, which for purposes of this section includes the commencement of demolition, as opposed to the 120 days set forth in subsection (a) above.

(Ord. No. 1.2026, § 3, 1/27/26.)

If an Owner withdraws Rental Units from the market, and those Rental units were covered by the CSFRA or MHRSO, the following rules apply if the Rental Units are later offered for rent or lease again.

a. Re-renting Within 5 years. If an owner re-rents or re-leases a residential unit during either of the following time periods:

• Within five (5) years after filing a Notice of Intent to Withdraw Rental Units with the City, even if the notice is later canceled or the withdrawal is not completed.

• Within five (5) years after the Rental Units are officially withdrawn from the rental market.

Then, the unit must be rented at the same legal rent that was in place at the time the withdrawal Notice of Intent to Withdraw Rental Units was filed, plus any annual increases allowed under the CSFRA or MHRSO (whichever applies).

1. This subsection shall supersede other laws that would normally allow an owner to set a new rent for a new Tenant.

2. If the owner fails to comply with this subsection, the owner shall be liable to the affected Tenant for punitive damages in an amount up to six months' of the contracted rental rate.

b. Re-renting Within 2 years. If an owner re-rents or re-leases a residential unit within two (2) years after it was withdrawn from the rental market, the following provisions shall apply.

1. The displaced Tenant(s) may initiate a civil action under local or state law against the owner for compensatory and punitive damages. Any action initiated by a displaced Tenant pursuant to this paragraph shall be commenced within three (3) years after the date the Rental Unit was withdrawn from the rental market. This paragraph shall not be construed to prohibit a Tenant from pursuing any alternative remedy available under the law.

2. The City may initiate a civil proceeding against the owner for compensatory and punitive damages. Any action initiated by the City pursuant to this paragraph shall be commenced within three (3) years after the date the Rental Unit was withdrawn from the rental market.

3. The owner must first offer the Rental Unit to the Tenant who was displaced by the withdrawal in accordance with Section 46.2-1.30.

c. Re-renting Within 10 years. If an owner re-rents or re-leases a residential unit within ten (10) years after it was withdrawn from the rental market, the following provisions shall apply.

1. The owner shall deliver written notice of their intent to re-rent the Rental Unit(s) to the Housing Department. A copy of the notice also shall be mailed to all Tenants who were displaced by the withdrawal of the Rental Unit(s) at their last known address.

2. Upon written request by a displaced Tenant received within thirty (30) days after the owner has provided the required written notice of their intent to re-rent the unit(s), the owner must first provide the displaced Tenant the opportunity to return to their unit.

3. If a displaced Tenant expresses an interest in returning to their Rental Unit, the owner must offer a new rental or lease agreement on terms allowed by law and in accordance with Section 46.2-1.30

d. Public Record of Units Subject to this Section. The City shall record a notice with the County Recorder that clearly identifies any property subject to the rules and responsibilities set forth in this Section. The notice shall include: 1) a description of the property, 2) the dates applicable to any first right of return, and 3) the name of the property owner.

(Ord. No. 1.2026, § 3, 1/27/26.)