Chapter 21.05 — PROPERTY OWNER RELOCATION

OBLIGATIONS Section

• 21.05.001 Purpose

• 21.05.002 Findings

• 21.05.003 Definitions

• 21.05.004 Displacement

• 21.05.005 Exemptions

• 21.05.006 Owner relocation obligations

• 21.05.007 Notice to tenants

• 21.05.008 Emergency relocation assistance

• 21.05.009 Temporary relocation assistance

• 21.05.010 Long-term or permanent relocation assistance

• 21.05.011 Additional relocation obligations

• 21.05.012 Right to reoccupy

• 21.05.013 Rent maintenance

• 21.05.014 Private right of action

• 21.05.015 Public right of action

This is a chapter enacted to provide assistance to residential tenants who may be displaced from their current housing due to its substandard condition, violations of the housing codes, county code, fire codes or the unlawful existence, use or occupancy of the unit. (1966 Code, § 19A-1) (Ord. 774, § 1(part))

This chapter is enacted in recognition of the following facts and for the following reasons. (A) Some residential rental units and single room occupancy buildings in the County of San Benito have been found to have code violations, which threaten the health, life and safety, of occupants. Hazardous living conditions often require that the tenant vacate the structure to allow for repairs or demolition of the structure. (B) These code violations are often caused by the negligence, deferred maintenance, or the illegal use of the structure as a residence by the property owner. Code violations may breach the owner’s implied warranty of habitability, and could constitute constructive eviction of the tenant household from its residence. (C) The difficulty of finding affordable replacement housing and the burden of incurring moving-related expenses creates a financial hardship for tenant households, particularly those who are low-income. (D) Relocation benefits and assistance are necessary to ensure that displaced tenants secure safe, sanitary and decent replacement housing. (E) Property owners who fail to properly maintain residential rental properties, and/or create residential units illegally should bear responsibility for the hardships their actions (or lack of action) create for the tenant. Relocation is a necessary cost of code enforcement that should be the responsibility of the property owner, and the county should be reimbursed by the responsible owner for any of these costs that it incurs in the code enforcement process. (F) The requirement to pay relocation costs under this chapter will encourage property owners to correct code violations and protect the public health, safety and general welfare of the residents of the county. (G) The level of payments provided for in this chapter is reflective of the actual costs of relocation likely to be incurred by displaced tenant households, in particular, moving costs and the cost of first and last months’ rent, as well as other costs, both monetary and non-monetary, associated with involuntary dislocation. (1966 Code, § 19A-2) (Ord. 774, § 1(part))

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. BUILDING OFFICIAL. The officer designated by the county to enforce the county codes as well as designees of such person. CODE ENFORCEMENT ACTIVITIES. Activities initiated by the county to determine the condition of a building and require the property owner to make necessary repairs, to vacate the building or to take other action as necessary to bring the property into compliance with applicable state or local zoning, building or housing standards, including but not limited to standards contained in the San Benito County Code, the Uniform Fire Code, Uniform Housing Code and the Health and Safety Codes as adopted by the state, county and other technical codes adopted and enforced by the county for existing residential properties, including codes addressing dangerous or hazardous buildings. CODE ENFORCEMENT ACTIVITIES shall include drug nuisance abatement actions taken by the county pursuant to Cal. Health and Safety Code §§ 11570 et seq. The District Attorney’s Office may enforce the provisions of this chapter. DAY. Calendar day, unless otherwise specified. DECLARATION OF SUBSTANDARD. A declaration, notice or order executed by the Director of Planning or his or her designee under the authority of the San Benito County Code or other provision of law declaring that a property is substandard, unsafe and/or a public nuisance.

DIRECTOR OF PLANNING. The officer designated by the county to enforce the county codes as well as designees of such person. DISPLACEMENT. The state of removing from the usual or proper place. ENFORCEMENT ACTION. The issuance of a notice of summary abatement, notice of hearing on proposed abatement, administrative penalty, nuisance abatement order or other administrative action, or the filing of a civil complaint or criminal citation or complaint. NON-COMPLYING BUILDING OR UNIT. A building, room or rental unit in the county which has been found or determined by an authorized enforcement official of the county to be substandard, blighted, unsafe, a public nuisance, a drug nuisance or otherwise not in conformance with applicable state or local zoning, building or housing standards, including but not limited to standards contained in the San Benito County Codes, the Uniform Fire Code, Uniform Housing Code and the Health and Safety Codes as adopted by the county, and other technical codes adopted and enforced by the county for existing residential properties, including codes addressing dangerous or hazardous buildings. NON-COMPLYING CONDITION or NON- COMPLIANCE. Any physical condition or use with respect to the building, room or unit. NOTICE TO ABATE LIFE-THREATENING CONDITION. A notice and/or order to abate a substandard or non-complying condition issued by the county pursuant to its code enforcement activities, however the notice or order is denominated, that indicates on its face that a life-threatening condition is present. NOTICE TO VACATE. A notice and/or order, however denominated, issued by the county or a court of competent jurisdiction to a property owner and/or a tenant household pursuant to the county’s code enforcement activities requiring that a residential building, unit or room be vacated, either immediately or at some future specified time, as a result of a determination that the building, unit or room is substandard, blighted, unsafe or a public nuisance. NOTICE OF VIOLATION. A notice, including but not limited to, a compliance order, issued by the county stating that a unit, due to its substandard condition, is in violation of the housing, building or fire codes, or stating that a unit shall be vacated because its existence, use or occupancy is unlawful under state law or applicable county code. OWNER. Any person who owns legal title, in whole or in part, to a unit subject to this chapter. TENANT. Tenant in the singular or in the plural refers to a person or persons who rent or are otherwise in lawful tenancy of a unit under the terms of tenancy or with the knowledge or consent of the owner or the owner’s agent. UNIT. Any dwelling, room or space, which is the permanent or customary and usual residence from which a tenant is displaced. (1966 Code, § 19A-3) (Ord. 774, § 1(part))

A tenant is displaced for the purposes of this chapter if a unit must be vacated as provided in this section. (A) Following an enforcement action and either: (1) The owner or owner’s agent requests the vacation because the unit is being rehabilitated to bring it into compliance with the provisions of this code following the receipt by the owner or owner’s agent of a notice of violation; or (2) The unit is being rehabilitated to bring it into compliance with the provisions of this code cited in a notice of violation because substandard conditions interfere with the habitability of the unit and the county determines that the substandard condition affects the health and safety of the tenant. (B) Because the unit or the building which contains the unit has been ordered vacated either by the county or a court order due to the substandard condition of the unit or the unlawful existence, use or occupancy of the unit under state law or county code. (1966 Code, § 19A-4) (Ord. 774, § 1(part))

(A) An owner shall not be required to provide relocation assistance under this chapter if any of the following conditions are shown: (1) The property owner can demonstrate by clear and convincing evidence that the non-complying condition was created by the tenant household or the tenant household’s guests or invitees, and was not created by the property owner or the owner’s agent neglect from undertaking maintenance or repairs that would have prevented or rectified the non-complying condition; (2) The property owner can demonstrate by clear and convincing evidence that vacation on the unit or room was due primarily to a cause other than either: (a) The noncomplying condition;

(b) The county’s or court’s determination that the rental unit, room or building was a non-complying building or unit; or (c) The need to make repairs to rectify any non-complying condition. (3) The tenant constructed, used or occupied a unit whose existence, use or occupancy is unlawful, as cited in a notice of violation, without the actual or implied consent or knowledge of the owner or agent of the owner; (4) The property owner can demonstrate by clear and convincing evidence that the tenant household unreasonably prevented the owner or the owner’s agent from undertaking maintenance or repairs that would have prevented or rectified the non- complying condition; (5) All noncomplying conditions are corrected, as determined by the county, prior to the time the tenant household has taken definitive steps to move; (6) The notice to vacate, notice to abate life-threatening condition or declaration of substandard is rescinded or withdrawn by the county or the court or is overturned on appeal prior to the time the tenant household has taken definitive steps to move; (7) The property owner offers in writing to move the tenant household immediately into a replacement unit or room in the same building, and all of the following are true: (a) The replacement unit or room is at least substantially comparable in size, condition and amenities as the former unit or room; (b) The replacement unit or room complies with all applicable zoning, building and housing codes; (c) The replacement rent is no greater than the rent charged for the former unit or room; and (d) The offer was made prior to the time the tenant household had taken definitive steps to move. (8) The tenant household is required to vacate the unit or room due solely to damage resulting from a natural disaster, earthquake, fire, flood, civil disturbance or accident outside the control of the property owner, if: (a) The vacation is required within six months of such event; and (b) The property owner can demonstrate that such damage was not caused by the acts or the negligence of the property owner or by a preexisting condition in the building in violation of applicable building, housing, fire or other health and safety codes; (9) The tenants are displaced as a result of a lawful eviction; or (10) Tenants who have received relocation benefits and have re-rented a substandard structure within a 12-month period. (B) Any provision of a lease or rental agreement for a rental unit or room in which the tenant household agrees to modify or waive any of its rights under this chapter, including its rights to relocation payments, shall be void as contrary to public policy. (C) The owner shall have the burden of proving that any exemption in this section is applicable. (1966 Code, § 19A-5) (Ord. 774, § 1(part))

(A) When tenants are displaced, the owner of the unit shall provide relocation assistance to the tenants as specified in this chapter. (B) Any payments required under this chapter shall be made by the owner directly to the county or the tenant at the county’s discretion. (C) A county fund is available when the property owner’s whereabouts are unknown and the property owner is unavailable for contact. The property owner shall be required to reimburse the county for these relocation costs and shall be subject to a lien against its property for the costs incurred by the county for tenant relocation. (1966 Code, § 19A-6) (Ord. 774, § 1(part))

(A) A written summary of an owner’s obligation and a tenant’s rights under this chapter shall be attached to or included in any order to immediately vacate any unit or with any notice of violation and may be included with an enforcement action issued by the county. (B) The owner shall deliver the summary of an owner’s obligation and a tenant’s rights under this chapter to tenants of all units subject to the enforcement action by personal delivery, or registered or certified mail within 24 hours of the receipt by owner or owner’s agent of the enforcement action or the county notice or court order to vacate a unit. (C) In addition to the notices provided for in divisions (A) and (B) of this section, the county may post a copy of the

summary of tenants’ rights in a visible location on the building, property or unit subject to the notice of violation or court order to immediately vacate. (D) Any notice required by this chapter to be delivered to tenants shall contain the following notice translated in Spanish, in type of at least ten-point: “This Notice is Important. You May be Entitled to Relocation Assistance. Please have it translated. For more information, please call the Code Enforcement Officer at the County of San Benito, 3224 Southside Road, Hollister. Telephone (831) 637-5313.” (1966 Code, § 19A-7) (Ord. 774, § 1(part))

(A) The Director of Planning or his or her designee, or other authorized official, shall contact the property manager or the property owner, in the same manner in which the tenant is to report problems with the unit. If the owner can not explain why the tenant should not be relocated consistent with this chapter or how an immediate repair for the unit is possible, the Director shall order the relocation. The Director of Planning or other authorized official designated to enforce the county’s code enforcement activities, at his or her sole discretion, may authorize immediate payment of relocation benefits by the county in the amounts authorized by this chapter to an eligible tenant household if the director of planning or other authorized agent has determined that immediate vacation of the rental unit or room is necessary due to public health and safety concerns. The property owner shall be notified subsequently in writing of any relocation payments by the county under this section. Payments under this section to the tenant household may be provided in meal vouchers and prearranged lodging by the county with local hotels and restaurants at the county’s discretion. (B) The property owner shall be required to reimburse the county for these relocation costs, and any administrative cost associated with the relocation, and shall be subject to a lien against its property for this amount, as set forth above. (1) Where an owner is required by the county or a court order to have a unit vacated immediately, or where vacation is required to enable compliance with a notice of violation from the county with less than ten days notice because of imminent potential harm to the health and safety of tenants, the owner shall provide to the tenants the relocation assistance required by this section until such time as the tenants are able to reoccupy the unit or until the benefits set forth in §§ 21.05.009 or 21.05.010 are provided. (2) The owner, at the owner’s expense, shall provide the following relocation assistance and benefits under this section: (a) Alternative safe and legal temporary housing for the tenants at no additional rent or cost to the tenants than previously paid by the tenants or the advance payment of the fair market rent as established by the most current U.S. Department of Housing and Urban Development (HUD) schedule for fair market rents for a unit of comparable size in the same general area as the unit and other related costs for alternative safe and legal temporary housing for the tenants. (b) Any additional necessary employment or education transportation costs to the tenants arising as a result of the displacement. (c) If the alternative housing required in this section does not contain furnishings, furnishings appropriate for the tenants in the alternative housing is required. (d) Reasonable security for all of the tenants’ furnishings and other personal property remaining in the unit until the tenants reoccupy the unit. (3) (a) To the extent feasible, the owner shall provide any alternative housing required under this section in a location in the vicinity of the unit. (b) The relocation assistance required under this section shall be provided by the owner by the time of the displacement of the tenants. (1966 Code, § 19A-8) (Ord. 774, § 1(part))

(A) If tenants are displaced on a non-emergency basis, either because the existence, use or occupancy of a unit is unlawful or because of repair or rehabilitation of a unit, and the tenants are expected to be able to reoccupy the unit within 60 days from the date of displacement, the owner shall provide to the tenants the relocation assistance required by this section until such time as the tenants are able to reoccupy the unit or until the benefits set forth in this section are provided. (B) The owner, at the owner’s expense, shall provide the following relocation assistance and benefits under this section: (1) Alternative safe and legal temporary housing for the tenants at no additional rent or cost than previously paid by the tenants, or payment to the tenants of the difference between the rent paid on the unit and the fair market rent for alternative safe and legal temporary housing as established by the most current HUD schedule for fair market rents for a unit of comparable size in the same general area as the unit for the tenant for the first 30 days of displacement and related costs, and the full rent costs thereafter until such time as the owner’s obligation terminates under § 21.05.011; (2) Any additional necessary employment or education transportation costs to the tenants arising as a result of the

displacement; (3) Furnishings appropriate for the tenants in the alternative housing required in this section; and (4) Reasonable security for all of the tenants’ furnishings and other personal property remaining in the unit until the tenants reoccupy the unit. (C) To the extent feasible, the owner shall provide any alternative housing required under this section in a location in the vicinity of the unit. (D) The owner shall provide advance written notice of the short-term displacement to the tenants by personal service or by certified mail not less than ten business days prior to any non-emergency short-term displacement. Displacement shall not occur during any period for which rent was due and paid. (E) The relocation assistance required under this section shall be provided by the owner prior to the displacement of the tenants. (1966 Code, § 19A-9) (Ord. 774, § 1(part))

(A) If the owner anticipates that displacement shall continue or if displacement actually continues for more than 60 days, the owner shall provide to the tenants the relocation assistance required in this section. (B) The owner, at the owner’s expense, shall provide the following relocation assistance and benefits under this section: (1) Alternative safe and legal housing for the tenants at no additional rent or cost than previously paid by the tenants for a period of three months from the date of displacement, or payment to the tenants of replacement housing costs which shall be the greater of: (a) An amount equal to three months fair market rent for an alternative housing unit, as established by the most current HUD schedule for fair market rents for a unit of comparable size in the same general area as the unit; or (b) An amount equal to three months of the rental amount for the unit. (2) If the tenant elects not to reoccupy the unit or if the unit cannot lawfully be reoccupied, return to the tenants any security deposit or cleaning fee not permitted to be retained by the owner under applicable law within the period specified under applicable law. (3) Moving expenses of the tenants for any displacement under this section as set forth in a schedule established from time to time by resolution of the Board of Supervisors. (4) Any additional necessary employment or education transportation costs to the tenants arising as a result of the displacement for a maximum of three months from the date of displacement. (5) Reasonable security for all of the tenants’ furnishings and other personal property remaining in the unit for a maximum of three months from the date of displacement. (C) To the extent feasible, the owner shall provide any alternative housing required under this section in a location in the vicinity of the unit. (D) The relocation assistance required under this section shall be provided by the owner at least 30 days prior to the displacement of the tenants. (E) The relocation assistance required by §§ 21.05.008, 21.05.009 and 21.05.010 shall be cumulative. (1966 Code, § 19A-10) (Ord. 774, § 1(part))

(A) A displaced tenant and the owner may agree to alternatives to the relocation assistance required under this chapter only by a separate written agreement signed by the tenant and the owner which contains an acknowledgment by the tenant that the tenant has received a notice of the rights under this chapter and that the tenant understands those rights. (B) The relocation assistance required by the owner under this chapter shall be a separate requirement and obligation provided to tenants in addition to any other assistance, refunds or payments available under any other provisions of this code or other applicable law. (C) The relocation assistance required of the owner under this chapter shall not affect any rights of the owner under any other provisions of this code or other applicable law. (1966 Code, § 19A-11) (Ord. 774, § 1(part))

(A) To the extent that a unit can legally accommodate the displaced tenants, the tenants shall have the right to reoccupy

the unit from which the tenants were displaced when the substandard or otherwise unlawful conditions of the unit are corrected. (B) On or before the time the tenant vacates the unit, the owner shall provide written notice by personal delivery, or registered or certified mail, advising the tenant of the right to reoccupy the unit once the substandard or otherwise unlawful condition is corrected. The notice shall include a statement regarding the tenant’s obligation to provide the owner with the information requested in division (C) of this section and the consequences of the failure to do so. (C) Unless the owner has provided the alternative temporary housing, within seven days after vacating the unit the tenants shall provide the owner with their current address to be used for future notification by the owner. Failure to provide such information in writing to the owner shall terminate their right to reoccupy the unit. (D) As soon as possible after the unit is available for the tenants to reoccupy the unit, the owner shall provide written notice to the tenants by personal delivery, or registered or certified mail, advising the tenants of the availability of the unit. The owner shall make the unit available to the tenant for a period of 30 days following the date the tenants receive notice of the availability of the unit. The notice shall include the current address of the owner or owner’s agent to which the tenants must send a written statement of their desire to exercise the right to reoccupy the unit. The notice shall include a statement regarding the tenant’s obligation to provide the owner with the information requested in division (E) and the consequences of the failure to do so. (E) Within seven days after receipt of the notice of the availability of the unit, the tenants shall notify the owner in writing that the tenants are exercising the right to reoccupy the unit. Failure to so notify the owner shall terminate their right to reoccupy the unit. (1966 Code, § 19A-12) (Ord. 774, § 1(part))

(A) If tenants exercise the right to reoccupy a unit as provided in § 21.05.012 of this chapter, the owner shall not increase the amount of rent paid by the tenants prior to the date of their displacement for a period of 12 months after the date the tenants reoccupy the unit. (B) This section shall not apply to any unit for which rent is subsidized by any government agency. (1966 Code, § 19A-13) (Ord. 774, § 1(part))

(A) Tenants who are displaced may bring an action against an owner for damages, injunctive or declaratory relief or any other appropriate action, in a court of competent jurisdiction to enforce the provisions of this chapter. (B) Tenants who prevail in such an action shall be entitled to recover from the owner damages, including the relocation assistance provided for under this chapter; costs, including reasonable attorney fees; and such other relief as determined by the court. In addition to all other damages or other relief, the court may award the tenants a civil penalty of up to $1,000 for each violation of this chapter. (C) The remedies provided by this chapter are in addition to any other legal or equitable remedies and are not intended to be exclusive. (1966 Code, § 19A-14) (Ord. 774, § 1(part))

The District Attorney may criminally or civilly enforce the provisions of this chapter pursuant to §§ 1.03.002 and 1.03.003 of the county code. (1966 Code, § 19A-15) (Ord. 774, § 1(part)) CHAPTER 21.07: (RESERVED)