Redwood City Municipal Code § 42.7 Administrative Regulations

Footnotes:

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Editor's note— Ord. No. 2554, § 1(Exh. A), adopted Nov. 10, 2025, effective Jan. 1, 2026, repealed the former Ch. 42, §§ 42.1—42.11, and enacted a new Ch. 42 as set out herein. The former Ch. 42 pertained to relocation assistance, and derived from Ord. No. 2450, § 1, adopted July 23, 2018.

A. This Chapter shall be known and may be cited as the "Tenant Protection Ordinance."

B. The requirements established pursuant to this Chapter are adopted under the authority of California Constitution Article XI, Section 7, which provides: "A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws," and in accordance with the purpose set forth in the ordinance codified in this Chapter.

C. This Chapter shall apply to the extent permitted by the statutes and laws of the State of California.

D. Pursuant to Civil Code Section 1946.2(i)(2), a rental unit shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and Civil Code Section 1946.2. Therefore, to the extent a rental unit is covered by this Chapter, such rental unit will not be subject to Civil Code Section 1946.2.

(Ord. No. 2554, § 1(Exh. A), 11-10-25)

A. Findings. Pursuant to Civil Code Section 1946.2(i)(1)(B)(iii), the City Council finds that this Chapter is more protective than the provisions of Civil Code Section 1946.2 because:

1. The just causes for termination of a residential tenancy under this Chapter are consistent with Civil Code Section 1946.2.

2. This Chapter provides additional tenant protections that are not prohibited by any other provision of law, because it provides for higher relocation assistance amounts for eligible residential households than those available to tenants covered by Civil Code Section 1946.2, provides a right to return to tenants subject to no-fault evictions in certain circumstances, and requires certain minimum lease terms that are not otherwise required by Civil Code Section 1946.2 and that are intended to protect tenants during the first twelve (12) months of tenancy before they become eligible for just cause protections.

3. The protections of this Chapter are intended to remain in effect after the expiration of Civil Code Section 1946.2.

B. Purpose. The primary purposes of this Chapter include the following:

1. Minimum lease term requirements are intended to provide more stability for tenants through the encouragement of longer lease terms, provide flexibility for the tenant and the landlord (when they can agree on an alternative time-frame for renting the rental unit), and ensure there are no constraints on landlords raising rents at the end of the lease agreement and each time the lease agreement is renewed, other than those imposed by State law.

2. Just cause for eviction protections are intended to promote housing stability for tenants by limiting arbitrary evictions to the greatest extent allowable under the law and to avoid displacement of tenants subject to no-fault evictions by providing a right to return to the rental unit in certain circumstances.

3. The requirement to provide relocation assistance is intended to minimize disruption to tenants and their families caused by a need to relocate by addressing financial impacts. Securing replacement housing generally requires a significant amount of money for expenses related to a physical move, such as first month's rent and security deposits. Projects assisted with Federal and State funds are subject to requirements to provide relocation assistance to households displaced by those projects. The Housing Crisis Act of 2019 provides lower income tenants with relocation assistance consistent with Government Code Sections 7260 et seq., in the event of displacement due to development of the property. The Tenant Protection Act of 2019, also known as Assembly Bill (AB) 1482, requires that, for no-fault evictions, landlords provide tenants with either a waiver of their last month of rent or relocation assistance equal to one (1) month of the tenants' rent (Civil Code Section 1946.2(d)). While the State law sets a minimum amount of relocation assistance, it is not sufficient to properly support and assist lower income and special-circumstances households, as specified in this Chapter. While an unanticipated move may be challenging for any tenant, it is especially difficult for extremely low, very low and low income households.

(Ord. No. 2554, § 1(Exh. A), 11-10-25)

The following words and terms as used in this Chapter shall have the meaning respectively ascribed thereto:

A. "Application." Any application required to be submitted to the City for discretionary or ministerial approval of a land use change or improvement of real property that will result in a displacement of a residential household.

B. "Eligible Residential Household." A tenant who receives a notice of termination for a 'no-fault' just cause whose annual household income does not exceed eighty percent (80%) of the area median household income for San Mateo County as adjusted for household size according to the United States Department of Housing and Urban Development, as may be adjusted from time to time, and whose rent payments to the landlord remain current through the date of termination of the tenancy. The presumption of eligibility specified in the preceding sentence shall not apply where the landlord provides evidence that the tenant received written notice, prior to entering into a lease to become a tenant, that an application to convert their rental unit to another use or demolish their rental unit was on file with the City or had already been approved and would result in the termination of their tenancy.

C. "Landlord." An owner, lessor, or sublessor of property (including any person, firm, corporation, 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.

D. "Lease." An agreement, oral, written, or implied, between a landlord and a tenant for the use and occupancy of a rental unit.

E. "Primary Residence." A primary residence is a dwelling unit where a person has been physically present and that the person regards as home. A person may only have one (1) primary residence at any given time. Evidence of a person's primary residence includes, but is not limited to, documentation from income tax statements, copies of lease(s) or residential utility bills that shows the address and person's name, the person does not file a homeowner's tax exemption for a different property, the person is not registered to vote at any other location. If a property has multiple dwelling units, including an accessory dwelling unit or apartment complex, each dwelling and accessory dwelling shall be considered a separate residence subject to the primary residence requirement.

F. "Property." All rental units, and the common areas serving those rental units, on a parcel or lot or contiguous parcel or contiguous lots under common ownership.

G. "Rent." The consideration, including any bonus, benefit, or gratuity demanded or received by a landlord or for the benefit of a landlord in connection with the use or occupancy of a rental unit.

H. "Rental Unit." A habitable structure offered for rent and used as a place of permanent or customary and usual abode of a residential household. Rental units include a building, a group of buildings or a portion of a building used and/or designed as dwellings. A rental unit for purposes of this Chapter shall not include:

1. Transient and tourist hotel occupancy as defined in Civil Code Section 1940(b).

2. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Health and Safety Code Section 1569.2, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.

3. Dormitories owned and operated by an institution of higher education or a kindergarten and grades one (1) to twelve (12), inclusive, school.

4. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their primary residence at the rental unit.

5. Single-family owner-occupied residences, including both of the following:

a. A residence in which the owner-occupant rents or leases no more than two (2) units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.

b. A mobilehome.

6. A property containing two (2) separate dwelling units within a single structure in which the owner occupied one (1) of the units as the owner's primary residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.

7. Housing that has been issued a certificate of occupancy within the previous fifteen (15) years, unless the housing is a mobilehome.

8. Rental unit, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that the following applies:

a. The owner is not any of the following:

1. A real estate investment trust, as defined in the Internal Revenue Code Section 856.

2. A corporation.

3. A limited liability company in which at least one (1) member is a corporation.

4. Management of a mobilehome park, as defined in Civil Code Section 798.2.

5. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Health and Safety Code Section 50093, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Health and Safety Code Section 50093 or comparable Federal statutes.

I. "Residential Household." Any person or group of persons entitled to occupy a rental unit under a lease with the landlord.

J. "Special-circumstances Household." An eligible residential household (as defined in Section 42.3(B)) that has 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 defined by Title 42, United States Code, Section 423 or Government Code Section 12955.3.

3. A household with one (1) or more minor children (under eighteen (18) years of age) who are legally dependent (as determined for Federal income tax purposes).

4. A household that has occupied their rental unit as their primary residence for five (5) or more consecutive years.

K. "Tenancy." The lawful occupation of a rental unit, including, but not limited to, a lease.

L. "Tenant." A tenant, subtenant, lessee, sublessee, or any other person entitled to the use or occupancy of a rental unit, to the exclusion of others, under a lease with the landlord.

(Ord. No. 2554, § 1(Exh. A), 11-10-25)

A. One-Year Lease Term Upon Initial Lease. If a prospective tenant wishes to rent a rental unit from a landlord and the landlord wishes to rent the rental unit to the prospective tenant, the landlord must offer to the prospective tenant a written lease which has a minimum term of one (1) year. Offers must be made in writing. Signing of a lease which has a minimum term of one (1) year shall be considered an offer in writing. If the prospective tenant rejects the offer for a written lease which has a minimum term of one (1) year, such rejection must be in writing (which may include email or text message) and provided to landlord within fifteen (15) days of receipt of the landlord's offer.

B. Shorter Term. If a prospective tenant rejects the offer for written lease which has a minimum term of one (1) year, the landlord and the prospective tenant may enter into a written lease that provides for a term of less than one (1) year.

C. Rent. If the landlord and tenant enter into a written lease which has a minimum term of one (1) year, such lease must set the rent for the rental unit at a rate or rates certain and these rates shall not otherwise be modified during the initial term of such lease.

D. Notice of Tenant's Right to Minimum Lease Term.

1. Form. Landlords shall provide all prospective tenants with a notice summarizing the rights afforded by this Section. The notification shall be capitalized text in at least twelve (12) points in font size and shall state:

THE REDWOOD CITY CODE PROVIDES YOU WITH THE RIGHT TO MINIMUM LEASE TERMS. LANDLORDS MUST OFFER TENANTS THE OPTION TO ENTER INTO A ONE (1) YEAR WRITTEN LEASE. IT IS THE TENANT'S CHOICE WHETHER TO ENTER INTO SUCH A WRITTEN LEASE WITH A LANDLORD. FURTHER INFORMATION IS AVAILABLE ON THE CITY'S WEBSITE (WWW.REDWOODCITY.ORG).

EL CÓDIGO DE REDWOOD CITY LE DA EL DERECHO A TÉRMINOS MÍNIMOS DE CONTRATO DE ARRENDAMIENTO. LOS PROPIETARIOS DEBEN OFRECER A LOS INQUILINOS LA OPCIÓN DE ENTRAR EN UN CONTRATO DE ARRENDAMIENTO POR ESCRITO DE UN (1) AÑO. ES LA DECISIÓN DEL INQUILINO DE ENTRAR O NO ENTRAR EN DICHO CONTRATO CON EL PROPIETARIO. PARA MÁS INFORMACIÓN, VISITE EL SITIO WEB DE LA CIUDAD (WWW.REDWOODCITY.ORG).

2. Language. Landlord shall provide this notification in English and Spanish.

3. Manner. Landlord must provide this notice to prospective tenants in writing or electronically if the rental application and/or lease are processed electronically, or both if both methods are utilized.

E. Applicability. This Section shall apply to all rental units as defined in this Chapter except as set forth below:

1. A dwelling unit that serves as the owner's primary residence that is occupied as a short-term rental in accordance with Section 31.3 of the Redwood City Code.

2. A rental unit occupied by a tenant who subleases that unit to another tenant for less than one (1) year.

3. A rental unit where the tenancy is an express condition of, or consideration for, employment under a written lease or contract or a unit leased to a corporation.

(Ord. No. 2554, § 1(Exh. A), 11-10-25)

A. Just Cause for Eviction Required. Notwithstanding any other law, after a tenant has continuously and lawfully occupied a rental unit for twelve (12) months, the landlord shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the rental unit for twenty-four (24) months, then this Section 42.5 shall only apply if either of the following are satisfied:

1. All of the tenants have continuously and lawfully occupied the rental unit for twelve (12) months or more.

2. One (1) or more of the tenants have continuously and lawfully occupied the rental unit for twenty-four (24) months or more.

B. Just Cause Defined. For purposes of this Chapter, "just cause" means either of the following:

1. At-fault just cause, which means any of the following:

a. Default in the payment of rent.

b. A breach of a material term of the lease, as described in the Code of Civil Procedure Section 1161(3), including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.

c. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in the Code of Civil Procedure Section 1161(4).

d. Committing waste as described in the Code of Civil Procedure Section 1161(4).

e. The tenant had a written lease that terminated on or after January 1, 2020, or January 1, 2022, if the lease is for a tenancy in a mobilehome, and after a written request or demand from the landlord, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this Chapter or any other provision of law.

f. Criminal activity by the tenant on the property, including any common areas, or any criminal activity or criminal threat, as defined in the Penal Code Section 422(a), on or off the property that is directed at the landlord.

g. Assigning or subletting the rental unit in violation of the tenant's lease, as described in the Code of Civil Procedure Section 1161(4).

h. The tenant's refusal to allow the landlord to enter the rental unit as authorized by the Civil Code Sections 1101.5 and 1954, and the Health and Safety Code Sections 13113.7 and 17926.1.

i. Using the rental unit or any portion of the property for an unlawful purpose as described in the Code of Civil Procedure Section 1161(4).

j. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in the Code of Civil Procedure Section 1161(1).

k. When the tenant fails to deliver possession of the rental unit after providing the landlord written notice as provided in Civil Code Section 1946 of the tenant's intention to terminate the hiring of the rental unit, or makes a written offer to surrender the rental unit that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in the Code of Civil Procedure Section 1161(5).

2. No-fault just cause, which means any of the following:

a. Intent to occupy the rental unit by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum of twelve (12) continuous months as that person's primary residence.

i. For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, this Subsection (a) shall apply only if the tenant agrees, in writing to the termination, or if a provision of the lease allows the owner, or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents, to unilaterally decide to occupy the rental unit. Addition of a provision allowing the owner to terminate the lease as described in this Subsection (a) to a new or renewed lease or fixed-term lease constitutes a similar provision for the purposes of Section 42.5(B)(1)(e) above.

ii. This Subsection (a) does not apply if the intended occupant occupies a rental unit on the property or if a vacancy of a similar rental unit already exists at the property.

iii. The written notice terminating a tenancy for just cause pursuant to this Subsection (a) shall contain the name or names and relationship to the owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an owner or related to the owner as defined below. The proof shall be provided upon request and may include an operating agreement and other nonpublic documents.

iv. This Subsection (a) only applies if the intended occupant moves into the rental unit within ninety (90) days after the tenant vacates and occupies the rental unit as a primary residence for at least twelve (12) consecutive months.

v. If the intended occupant fails to occupy the rental unit within ninety (90) days after the tenant vacates or fails to occupy the rental unit as their primary residence for at least twelve (12) consecutive months (unless the cause of the intended occupant's failure to occupy the rental unit for twelve (12) consecutive months is because of the death of the intended occupant), the owner shall offer the rental unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant pursuant to this Chapter.

vi. If the intended occupant vacates or fails to occupy the rental unit during the time periods described in Clause (iv) of this Subsection (a) above, and a new tenancy commences during such time periods, the rental unit shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served.

vii. As used in this Subsection (a):

I. "Intended occupant" means the owner of the rental unit or the owner's spouse, domestic partner, child, grandchild, parent or grandparent.

II. "Owner" means any of the following: (a) an owner who is a natural person that has at least twenty-five percent (25%) recorded ownership interest in the property; (b) an owner who is natural person who has any recorded ownership interest in the property if one hundred percent (100%) of the recorded ownership interest is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild; or (c) an owner who is a natural person whose recorded interest in the property is owned through a limited liability company or partnership.

III. "Natural person" includes any of the following: (a) a natural person who is a settlor or beneficiary of a family trust; or (b) if the property is owned by a limited liability company or partnership, a natural person who is a beneficial owner with at least a twenty-five percent (25%) ownership interest in the property.

IV. "Family trust" means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.

V. "Beneficial owner" means a natural person or family trust for whom, directly or indirectly and through any contract arrangement, understanding, relationship, or otherwise, and any of the following applies: (a) the natural person exercises substantial control over a partnership or limited liability company; (b) the natural person owns twenty-five percent (25%) or more of the equity interest of a partnership or limited liability company; or (c) the natural person receives substantial economic benefits from the assets of the partnership.

b. Withdrawal of the rental unit from the rental market.

c. The landlord complying with any of the following:

i. An order issued by a government agency or court relating to habitability that necessitates vacating the rental unit; or

ii. An order issued by a government agency or court to vacate the rental unit; or

iii. A local ordinance that necessitates vacating the rental unit.

If it is determined by any government agency or court that the tenant is at fault for the conditions or conditions triggering the order or need to vacate under this Subsection (c), the tenant shall not be entitled to relocation assistance pursuant to this Chapter.

d. Intent to substantially remodel the rental unit.

i. The landlord, after having obtained all necessary permits from the City, seeks in good faith to undertake a substantial remodel of the rental unit. Where the landlord recovers possession under this Subsection (d), the tenant must be given the right of first refusal to re-occupy the rental unit upon completion of the substantial remodel, also known as the right to return. The landlord must reoffer the rental unit at the rent that was in effect when the tenancy was terminated plus any increase(s) allowed by the Tenant Protection Act of 2019 (Civil Code Section 1947.12), had the tenant continuously occupied the rental unit and must re-offer the rental unit with a lease that contains the same material terms as the lease that was in effect at the time the tenancy was terminated, except for any changes to terms required by Federal, State, or local laws. Where the landlord recovers possession under this subsection (d), the tenant shall be entitled to relocation assistance pursuant to the provisions of Section 42.6 of this Chapter.

ii. As used in this Subsection (d):

I. "Substantial remodel" or "substantially remodel" means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the rental unit and that requires the tenant to vacate the rental unit for at least thirty (30) consecutive days:

i. The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency; or

ii. The abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable Federal, State, and local laws.

For purposes of this Subsection (d), a tenant is not required to vacate the rental unit on any days where a tenant could continue living in the rental unit without violating health, safety, and habitability codes and laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the rental unit vacated, do not qualify as substantial remodel.

II. "Completion" and "completed and ready for reoccupancy" means when either:

i. A final building permit inspection has been conducted and approved by City Building Department staff; or

ii. If no permits are required, a letter from the licensed contractor that completed the substantial remodel work certifying that the substantial remodel is complete and the rental unit is ready for re-occupancy is submitted to the City.

iii. A written notice terminating a tenancy for just cause pursuant to this Subsection (d) shall include all of the following information:

I. A statement informing the tenant of the landlord's intent to substantially remodel the rental unit;

II. A description of the substantial remodel to be completed and the approximate expected duration of the substantial remodel together with one (1) of the following:

i. A copy of the permit or permits required to undertake the substantial remodel; or

ii. A signed contract with the licensed contractor hired by the landlord to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials if the substantial remodel is to abate hazardous material and does not require permits.

III. The following statement: "If the substantial remodel of your rental unit or the property as described in this notice of termination is not commenced or completed, the landlord must offer you the opportunity to re-rent your rental unit with a lease containing the same material terms as your most recent lease with the landlord at the rental rate that was in effect at the time you vacated. You must notify the landlord within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the landlord of your acceptance of the offer."

IV. The following statement "Once the substantial remodel of your rental unit as described in this notice of termination is completed, within ten (10) calendar days, the landlord must offer you the opportunity to re-rent your rental unit at the rent that was in effect when the tenancy was terminated plus any increase(s) allowed by the Tenant Protection Act of 2019 (Civil Code Section 1947.12), had you continuously occupied the rental unit and must reoffer the rental unit with a lease that contains the same material terms as the lease that was in effect at the time the tenancy was terminated, except for any changes to terms required by any federal, state or local laws. You must notify the landlord within thirty (30) calendar days of receipt of the offer to re-rent of your acceptance of the offer, and, if accepted, you must reoccupy the rental unit within thirty (30) calendar days of notifying the landlord of your acceptance of the offer."

iv. The tenant shall have the right to return to the rental unit upon completion of the substantial remodel.

I. Once the substantial remodel is completed and the rental unit is ready for re-occupancy, the landlord must notify the tenant within ten (10) calendar days and must offer the tenant the opportunity to re-rent the rental unit in the following manner:

i. This notice must be sent to the tenant via certified mail, and a copy of the notice and certified mail receipt must also be sent to the City Manager's Office.

ii. The offer to re-rent the rental unit must be at the rent that was in effect when the tenancy was terminated plus any increase(s) allowed by the Tenant Protection Act of 2019 (Civil Code Section 1947.12), had the tenant continuously occupied the rental unit and with a lease that contains the same material terms as the lease that was in effect at the time the tenancy was terminated, except for any changes to terms required by any Federal, State or local laws.

II. The tenant must notify the landlord within thirty (30) calendar days of receipt of the offer to re-rent of their acceptance of the offer in the following manner:

i. This notice must be sent to the landlord via certified mail, and a copy of the notice and certified mail receipt must also be sent to the City Manager's Office.

III. If the tenant accepts the offer to re-rent the unit, the tenant must reoccupy the rental unit within thirty (30) calendar days of notifying the landlord of the acceptance of the offer. The tenant must either sign a lease and/or pay the deposit prior to reoccupancy if the landlord provides a copy of the lease.

IV. Appeal for fair rate of return. A landlord required pursuant to Section 42.5(B)(2)(d)(iv) to offer the tenant a right to return to the rental unit upon completion of a substantial remodel may file an appeal with the City Clerk if offering the tenant the right to return at the rent as described in the Section 42.5(B)(2)(d)(iv)(I)(ii) would cause the landlord to be unable to obtain a fair rate of return on the property. The City Manager or their designee may adopt guidelines for determining the information necessary for filing any such appeal and the basis upon which any such appeal is granted or denied. If the City Manager or their designee determines that the right to return at the rent as described in the Section 42.5(B)(2)(d)(iv)(I)(ii) would result in the landlord being unable to obtain a fair rate of return on the property, the City Manager may waive the requirement that the landlord offer to re-rent the rental unit at the rent as described in the Section 42.5(B)(2)(d)(iv)(I)(ii) and allow a rent adjustment. The landlord must file the written appeal no later than ten (10) calendar days after the substantial remodel is completed. The City Manager or their designee will issue a decision within thirty (30) business days of receipt of the written appeal that contains all required information. The decision of the City Manager or their designee shall be the final decision of the City. Failure to appeal in writing within ten (10) calendar days after the substantial remodel is completed constitutes a waiver of the right to appeal. While the appeal is pending, the time period for offering the tenant the right to re-rent the rental unit in Section 42.5(B)(2)(d)(iv)(I) shall be tolled. The landlord shall notify the tenant of offer to re-rent the rental unit at the rent determined by the appeal decision no later than ten (10) calendar days following the date of notice of the appeal decision. The City shall collect the administrative fee from the landlord to process the appeal in an amount to be set by resolution of the City Council.

e. The landlord, after having obtained all permits, intends to demolish the rental units on the property.

i. A written notice terminating a tenancy for a just cause pursuant to this Subsection (e) shall include all of the following information:

I. A statement informing the tenant of the landlord's intent to demolish the rental unit; and

II. The following statement: "If the demolition of your rental unit or the property as described in this notice of termination is not commenced or completed, the landlord must offer you the opportunity to re-rent your rental unit with a lease containing the same terms as your most recent lease with the landlord at the rental rate that was in effect at the time you vacated. You must notify the landlord within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the rental unit within thirty (30) days of notifying the landlord of your acceptance of the offer."

ii. Tenants whose tenancy is terminated pursuant to this Subsection (e) shall be entitled to relocation assistance as provided in this Chapter unless the demolition is in connection with an application to develop the property for another use and the tenant is entitled to relocation assistance pursuant to Government Code Sections 66300.5 et seq.

C. Notice to Cure Required. Before a landlord issues a notice to terminate a tenancy for just cause that is a curable lease violation, the landlord shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to the Code of Civil Procedure Section 1161(3). If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.

D. Relocation Assistance. For a tenancy for which just cause is required to terminate the tenancy under Section 42.5(A), if the landlord issues a termination notice based on a no-fault just cause as described in Section 42.5(B)(2), the landlord shall provide relocation assistance in accordance with Section 42.6.

E. Termination Void. A landlord's failure to comply with any provision of this Section 42.5 shall render the written termination notice void.

(Ord. No. 2554, § 1(Exh. A), 11-10-25)

A. Requirement for Relocation Assistance.

1. If a landlord issues a termination notice based on a no-fault just cause described in Section 42.5(B)(2) to a tenant of a rental unit covered by this Chapter, the landlord shall, regardless of the tenant's income, at the landlord's option, do one (1) of the following:

a. Assist the tenant to relocate by providing a direct payment to the tenant as described in Subsection (3), below.

b. Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.

2. If a landlord issues a notice to terminate a tenancy for a no-fault just cause, the landlord shall notify the tenant of the tenant's right to relocation assistance or rent waiver pursuant to Section 42.6. If the landlord elects to waive the rent for the final month of the tenancy as provided in Section 42.6(A)(1)(b) above, the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.

3. The amount of relocation assistance or rent waiver shall be equal to one (1) month of the tenant's rent that was in effect when the landlord issued the notice to terminate the tenancy. Any relocation assistance under Section 42.6(A) shall be provided within fifteen (15) calendar days of service of the notice.

4. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to Section 42.6 shall be recoverable as damages in an action to recover possession.

5. The relocation assistance or rent waiver required by Section 42.6 shall be credited against any other relocation assistance required by Subsection (B) below and any other law.

6. A landlord's failure to strictly comply with Section 42.6 shall render the notice of termination void.

B. Relocation Assistance for Eligible Residential Households and Special Circumstances Households. If the tenant being displaced is an eligible residential household, the landlord shall be obligated to pay, in addition to the relocation assistance required pursuant to Subsection (A) above, relocation assistance in accordance with this Subsection (B). The landlord shall provide relocation assistance where required by this Section 42.6, to eligible residential households, as defined in Section 42.3(B), and to special circumstances households as defined in Section 42.3(J) in accordance with the following requirements, unless an alternative mitigation strategy as defined in Subsection (E) below, has been approved by the City:

1. 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 prior to undergoing renovation or demolition.

2. A sixty-day subscription to a rental agency service. The costs of a rental agency shall be fair and reasonable based on current market pricing.

3. The cash equivalent of three (3) months of Fair Market Rent shall be paid to the eligible residential household minus the amount paid pursuant to Subsection (A) above.

4. Special-circumstances households, as defined in Section 42.3(J), will be paid one (1) additional month of Fair Market Rent for a maximum of four (4) months' Fair Market Rent minus the amount paid pursuant to Subsection (A) above.

5. An administrative fee as set forth in Section 42.6(C)(5) below.

6. "Fair market rent" for purposes of this Subsection (B) shall mean the U.S. Department of Housing and Urban Development's Fair Market Rent calculation for San Mateo County for a similar sized unit with the same number of bedrooms as the tenant's rental unit as of the date of the notice of termination.

C. Process for Relocation Assistance Payments for Eligible Residential Households and Special-Circumstances Households.

1. Processing. The City shall determine a tenant's eligibility for relocation assistance pursuant to Subsection (B) above. Landlords shall pay administrative fees to the City for processing the relocation assistance application. The City may hire a third-party agency to assist with the relocation assistance process. The City shall provide bilingual assistance, as necessary, and an informational meeting with tenants, respond to questions, and verify tenant incomes and status of special-circumstances households.

2. Relocation Assistance Claims. Tenants requesting relocation assistance pursuant to Subsection (B) above must complete a relocation assistance application and submit such application to the City Manager or their designee. Tenants must file a complete relocation assistance application with the City Manager's Office within fifteen (15) calendar days of receiving the notice of termination. The City will review the relocation assistance application and issue an approval or denial within ten (10) business days of receiving the relocation assistance application.

If the relocation assistance application is denied, the tenant may appeal the City's denial. The tenant must file their appeal with the City Clerk in writing, including any additional information that the tenant believes is relevant for the appeal, within ten (10) calendar days of the date of notice of such denial. The City Manager or their designee will provide a determination on the appeal within ten (10) business days of receipt of the written appeal. The determination of the City Manager or their designee shall be a final decision of the City. Failure to appeal in writing within the prescribed time constitutes a waiver of the right to appeal.

3. Payments to Eligible Residential Households or Special Circumstances Residential Households. The landlord shall directly pay the relocation assistance payments to eligible residential households on or before the tenant's move-out date as stated in the notice of termination, and provide proof of payment to the City Manager's Office. Relocation assistance is paid per rental unit, not per tenant. If multiple households or individuals occupy a rental unit, relocation assistance shall be paid to the household or individual entitled to occupy a rental unit under lease with the landlord.

4. Relocation Assistance Pursuant to Other Laws. If tenants are eligible for relocation assistance or benefits under State or Federal law, tenant's relocation assistance shall be consistent with whichever law provides the greatest level of benefit.

5. Administrative Costs. The City shall collect the administrative fee from the landlord to process the relocation assistance application in an amount to be set by resolution of the City Council.

D. Notice of Termination Contents. A landlord who intends to displace one (1) or more tenant based on a no-fault just cause described in Section 42.5(B)(2) shall provide the City Manager's Office with a copy of the notice of termination within three (3) days of serving the notice of termination on the tenant. The notice of termination shall include all of the following:

a. The name and address of the current property owner;

b. The just cause upon which the tenancy is being terminated;

c. The current rent for the rental unit;

d. A description of the application(s) being filed and a general time frame to complete the work described in the application, if applicable;

e. A "Notice to Tenant" in a form provided by the City that includes an explanation of the relocation assistance available, including the relocation assistance available to eligible residential households and special-circumstances households, information on eligible residential household incomes and the procedure for submitting a relocation assistance application for eligible residential households;

f. Statements and information as required in Section 42.5(B)(2) for terminations relating to substantial remodel or demolition of the rental unit; and

g. Other information deemed necessary or desirable by the City Manager's Office.

E. Alternative Mitigation.

1. The landlord may request an alternative mitigation strategy that meets the goals of this Section. An alternative mitigation strategy may include, but shall not be limited to, providing other mitigation and concessions to tenants such as relocation of displaced tenants into similar apartments on-site or nearby, ongoing rent concessions or suitable notice and other elements of mitigation that would serve the goals and purposes of this Chapter. Prior to submitting any alternative mitigation strategy, a landlord shall discuss the strategy with existing tenants and make good faith efforts to arrive at an alternative mitigation strategy that is acceptable to existing tenants. Evidence of tenant agreement with an alternative mitigation strategy may be submitted to the City for review. With each such alternative submission, the landlord shall provide complete information as determined necessary by the Assistant City Manager or their designee.

2. After an alternative mitigation strategy is submitted, the landlord shall provide notice of the submission by regular and certified mail and posted on the door of each rental unit. Tenants shall have fourteen (14) days from the date notice is posted or mailed, whichever is later, to submit comments on the alternatives to the Assistant City Manager or their designee.

3. Alternative mitigation proposals shall be approved or denied by the Assistant City Manager. Within seven (7) days of the decision, the City shall provide notice of the decision to the landlord and all tenants. The landlord or tenants may appeal any decision of the Assistant City Manager or their designee to the City Manager within fourteen (14) days after notice is provided.

F. Mitigation Not Exclusive. Nothing in this Section shall be interpreted to interfere with the City's ability and/or obligation to require relocation assistance for displaced tenants who are not covered by this Chapter.

(Ord. No. 2554, § 1(Exh. A), 11-10-25)

The City Manager or their designee may, from time to time, promulgate regulations implementing the provisions of this Chapter, violations of which shall be considered a violation of this Chapter.

(Ord. No. 2554, § 1(Exh. A), 11-10-25)

A. Defense to Action to Recover Possession. Failure of a landlord to comply with any of the provisions of this Chapter shall provide the tenant with a complete affirmative defense in any legal action brought by the landlord to recover possession of the rental unit.

B. Defense to Action to Collect Rent. Failure of a landlord to comply with any of the provisions of this Chapter shall provide the tenant with a complete affirmative defense in any legal action brought by the landlord to collect rent.

C. Injunctive Relief. A tenant may seek injunctive relief on their own behalf and on behalf of other affected tenants to enjoin the landlord's violation of this Chapter.

D. Damages. A tenant may bring a civil action to recover actual damages, treble damages upon a showing that the landlord has acted willfully or with oppression, fraud or malice and punitive damages, as well as attorneys' fees and costs at the court's discretion.

E. Remedies are Nonexclusive. Remedies provided in this Chapter are in addition to any other existing legal remedies and are not intended to be exclusive.

F. Non-waivability. Any waiver or purported wavier by a tenant of his or her rights under this Chapter prior to the time when such rights may be exercised, except a rejection of an offered one-year lease in accordance with Section 42.4(A), shall be void as contrary to public policy.

(Ord. No. 2554, § 1(Exh. A), 11-10-25)

A. The requirements of this Chapter are an obligation of the landlord for a rental unit. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance.

B. The City Attorney shall be authorized to enforce the provisions of this Chapter by civil action and any other proceeding or method permitted by law.

C. The remedies provided for in this Chapter shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 2554, § 1(Exh. A), 11-10-25)