Richmond Municipal Code Ch. 6.36 Relocation Benefits

The Council of the City of Richmond finds and determines that:

A. Some rental units and rooms in Richmond are found to have severe code violations which threaten the life and safety of occupants and require the units or rooms to be vacated to allow for extensive repairs.

B. Such code violations are often caused by deferred maintenance, may breach the landlord's implied warranty of habitability and sometimes constitute constructive eviction of the tenant household from its residence.

C. Difficulty of finding replacement housing and incurring moving-related expenses creates a financial hardship for tenant households, particularly those who are low-income.

D. Temporary relocation due to fumigation also places a burden on tenant household for which they are not responsible; and although the length of relocation is usually short, the household is still faced with inconveniences and expenses.

E. The City's current relocation policy provides for City-funded relocation assistance and payments for government-assisted rehabilitation where state or federal funds are diminishing and largely unavailable. Moreover, such policy does not provide benefits for households displaced due to code enforcement activity.

F. The level of services and payments provided in this chapter are similar to those provided to those relocated as a result of government sponsored rehabilitation programs and are reflective of actual relocation costs likely to be incurred by displaced households.

G. The difference in payments between tenant households displaced from units and those displaced from rooms is based on difficulties in actual costs likely to be incurred.

H. The relocation payment obligations imposed on landlords by this Chapter partially mitigate the financial hardships faced by tenant households displaced in order to bring the property up to housing code or because of fumigation and have the additional purpose of encouraging landlords to maintain their residential properties in a habitable condition.

The purpose of this chapter is to provide relocation services and require property owners to make certain payments to residential tenant households relocated as a result of code enforcement activities and fumigation in order to alleviate hardships associated with such relocations; to facilitate the correction of code violations; and to protect the health, safety and welfare of residence of the City of Richmond.

A. "Relocation" means the required vacating of a residential unit or room by a tenant household and the moving into another unit or room as a result of repairs required by code enforcement activity.

B. "Rental unit or unit" means a dwelling containing a separate bathroom, kitchen, and living area which is the place of permanent or customary and usual abode of a household, including a single-family dwelling or unit in a multi-family or multi-purpose dwelling, a unit in a condominium or cooperative housing project.

C. "Room" means a space in a building which, for sleeping purposes, is occupied by a tenant for at least fourteen consecutive days, or is rented for a period of at least fourteen consecutive days.

D. "Household or tenant household" means one or more individuals entitled to the occupancy of a rental unit or room who share living expenses.

E. "Owner" means a person, persons, landlord, corporation, or any entity holding title to a property or his or her agent or assignee.

F. "Board of Appeals" means the hearing body established by Section 6.02.130 of this Municipal Code.

G. "City Manager" shall mean the City Manager of the City of Richmond or the City Manager's designee.

A. A tenant household shall be considered eligible for relocation assistance and payments pursuant to this Chapter if the City determined that the condition of a building is such that a household cannot safely occupy the unit or room while the unit is being rehabilitated and if such condition was not created by the tenant household occupying the unit or room or their guests or invitees.

B. A household relocated due to fumigation shall be eligible for relocation payments as specified in Section 6.36.080 and move-back option contained in Section 6.36.090A., but not for other types of relocation assistance provided by the City or owner.

A. The owner shall be responsible for providing relocation payments to the tenant household required to move because of code enforcement activities or fumigation. The owner is also responsible for making referrals to comparable housing.

B. The owner shall be responsible for providing such payments directly to the household to be displaced or already displaced.

C. In non-emergency situations, the owner shall make payments at least ten days in advance of the move to facilitate relocation. When it is uncertain as to when the unit to be rehabilitated will be ready for re-occupancy, advance payment can be a partial payment sufficient to allow relocation to take place. The advance payment shall be sufficient to cover a minimum of either the full amount of benefits, if the relocation is for less than 30 days, or the first month's benefits. The remaining amount owed pursuant to this chapter shall be made in a timely manner in order to prevent hardship to the tenant household.

D. In emergency situations, the owner shall be responsible for reimbursing the City for the payments made and costs incurred by the City pursuant to the provisions of this Chapter.

E. The owner shall not be responsible for the relocation of a tenant if the relocation is attributable to the criminal act of that tenant or a criminal act of a non-tenant third party who is the guest or invitee of said tenant.

A. The City shall assist households to be relocated as a result of code enforcement activities by providing information, referral, monitoring, and other relocation advisory assistance aimed at facilitating the household's move.

B. Whenever a building containing a residential rental unit or room or portion thereof is declared to be a substandard building pursuant to Articles VI and IX of the Municipal Code, the Building Official shall also determine whether the repairs necessary to abate the substandard or deficient conditions can be reasonably accomplished without vacation of such building, or portion thereof, by its occupants.

C. If the Building Official determines that vacation is necessary to repair a substandard or deficient building containing a residential rental unit or room, the Building Official shall mail or hand deliver a Notice of Necessity to Vacate Building and a summary of the provisions of this Chapter to the building's owner and to each affected household in the building.

D. Non-Emergency Relocations.

1. The issuance by the Building Official of a Notice of Necessity to Vacate Building shall not relieve the building owner of any legal obligations, including but not limited to any obligation to provide any notice imposed by any provisions of federal or state law or ordinance.

In addition to any other notices that may be required by law, the owner shall provide a written notice to the tenant household setting forth the reasons for the need to vacate, the right to reoccupancy following completion of repairs, and the estimated date for reoccupancy. If the building or unit is to be demolished rather than repaired, the notice shall so state.

Any such notice which the owner serves upon a tenant household shall refer to and shall be accompanied by a copy of this Chapter and the owner's estimate of the relocation amount the tenant is due. The owner shall send a copy of all such notices to the Building Official.

2. If the City or the tenant household disagrees with the owner's estimate, the City or the tenant household shall notify the owner in writing of the estimated amount of payments to which the tenant household is entitled pursuant to Richmond Municipal Code Section 6.36.080 within seven days after receipt of such notice. Failure to notify the owner shall not waive the right of the City or tenant household to recover the full amount of payment required by this chapter nor shall it relieve the owner of liability.

3. Within seven days after receipt of tenant's notice referred to in Subsection 2 above, or within 14 days of the notice to the tenant household, the owner shall either make such payment directly to the tenant household or file a written request for a hearing by the Board of Appeals describing the reasons for such request with the City Manager if the owner wishes to contest the estimated relocation payment amounts or the tenant household's eligibility for relocation payment. The tenant household shall not be required to vacate the premises in a non-emergency situation until payment is made.

E. Emergency Relocations.

1. Notwithstanding the procedure set forth above, the Building Official may authorize the immediate payment of relocation benefits by the City to tenant households if said Building Official determines that an emergency exists and that the public health, safety or welfare are endangered by the continued habitation of the standard building. The determination of the Building Official shall be in writing and shall be mailed or hand delivered, along with the Notice of Necessity to Vacate Building, to the owner and the tenants. The determination shall set forth the owner's responsibilities for, and the tenants' rights to, emergency relocation benefits.

2. Upon receipt of the Notice of Necessity to Vacate Building and the Building Official's determination, the tenant household must sign a request for relocation assistance from the Building Official in order to receive emergency relocation payments.

3. Within seven days after receipt of the Building Official's determination referred to in Subsection 1 above, the owner shall either reimburse the City for the payments made to affected tenant households or file a written request for a hearing by the Board of Appeals describing the reasons for such request with the City Manager if the owner wishes to contest the relocation payment amounts or the tenant household's eligibility for relocation payments.

F. In both emergency and non-emergency situations, when the owner or tenant household wishes to contest the relocation payment amounts or other determination by the Building Official, a hearing shall be scheduled before the Board of Appeals to consider the issues described in the hearing request. The Board of Appeals shall render its decision on any such appeal, and the Board's decision shall be final. All notices from the Board of Appeals shall be sent to both the owner and all tenant households affected by the appeal.

G. Nothing in this Section shall in any way preclude or limit any aggrieved party from seeking judicial review after such person has exhausted the administrative remedies provided by this section. However, it shall be conclusively presumed that a litigant has not exhausted his/her administrative remedies as to any issue which is not raised in the administrative proceedings authorized herein.

A. The City may make any of the payments required by Section 6.36.080 in emergency situations, or in situations where a tenant household required to relocate is unable to do so because the owner is unwilling or unable to pay for relocation costs, and recover all costs incurred as a result of making such payments. In order for the City to consider such payments, a request must be made by the tenant household to the Building Official.

1. In the above cases, the City shall mail, by certified mail, a written notice to the owner of the owner's obligation under this chapter to provide relocation assistance and, in nonemergency situations, the time limit within which any relocation payment or reimbursement is to be made.

2. The notice in non-emergency situations shall also specify that failure to make required payments shall result in the City making such payments on behalf of the owner and the consequences to the owner of the City's action.

3. The notice in emergency situations shall specify that failure to reimburse the City shall result in a lien being placed on the owner's property.

B. In both emergency and non-emergency situations, when the City makes relocation payments which are not reimbursed within the noticed time limit, the City shall bill the owner for the amount of payment, plus any administrative and other costs it would not have otherwise incurred. If the owner does not make payment within a thirty-day period, the City shall record a lien on the property from which the household was relocated with the County Recorder and provide notice of such lien to the property owner and to the County Assessor.

The relocation and other payments provided for by this chapter shall be made in accordance with the provisions set forth in the fee and payment schedule adopted by resolution by the City of Richmond.

(A) A household displaced by code enforcement or fumigation shall have the option of moving back into the unit or room from which it was required to move as soon as the unit is ready for occupancy.

(B) If a household wishes to avail itself of this option, it must inform the owner in writing of its current address at all times during the period of displacement.

(C) As a general rule, owners shall notify a relocated household at least thirty (30) days in advance by certified mail of the availability of the unit or room. Notice shall include a self-addressed envelope to the landlord and a written form with a space for the tenant household to indicate they do or do not wish to move back into the unit. If a shorter notice is given and the household indicates that it wishes to move back, the unit or room must be held vacant at no cost to the household for a period of thirty-five (35) days after the mailing of the notice of availability.

(D) Within five days of receipt of notice of availability of the unit or room, a household wishing to move back must personally notify the owner in writing if it wishes to move back.

(E) If a tenant household wishing to move back into the unit or room is required to pay a security deposit, the tenant must be permitted sufficient time to obtain a refund of any deposit paid to obtain housing during the period of relocation.

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.04 of the Richmond Municipal Code.

A. Any person or organization who believes that the provisions of this chapter have been violated shall have the right to file an action for injunctive relief and/or damages. Whoever is found to have violated this chapter shall be subject to appropriate injunctive relief and shall be liable for damages, costs and reasonable attorney's fees. Treble damages shall be awarded for willful failure to comply with the payment obligation established by this chapter.

B. Nothing in this chapter shall be deemed to interfere with the right of a property owner to file an action against a tenant or non-tenant third party for the damage done to said owner's property.

The provisions of this chapter shall not apply to property owned by the City of Richmond, the Housing Authority of the City of Richmond, or the Richmond Redevelopment Agency.

(Source: Ordinance No. 43-86 N.S.)