San Joaquin County Municipal Code Ch. 8 Relocation Benefits for Displaced Tenants

The Board of Supervisors hereby finds and declares:

(a) Some structures used as dwelling units in the unincorporated area of San Joaquin County are found to have severe violations of this title which threaten the life and safety of occupants and require the units or rooms to be vacated, pursuant to an abatement action by the County, to allow for extensive repairs or demolition.

(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) Tenants of substandard residential units or structures suffer financial and other hardship when required to vacate their housing because the owner fails to correct the substandard conditions. It is appropriate to require the owner to partially mitigate the tenant's hardship, since the hardship arises from the owner's failure to comply with the law and fulfill landlord obligations.

(d) Financial hardship arises because the tenant or owner generally needs a large sum of money to relocate, often including first and last month's rent and deposits for a new residence. Low-income tenants are generally unable to obtain such sums and, as a result, are at great risk of becoming homeless.

(e) Any actions and costs incurred by the County pursuant to this chapter to assist displaced tenants are reasonable enforcement activities to abate a violation of this division. The County shall be reimbursed for all time, services and materials needed to enforce this chapter consistent with Chapter 5 of this division.

(Ord. 4102 § 1 (part), 2001)

For the purposes of this chapter, the following definitions apply:

(a) "Date to vacate" means the date by which a tenant is required to vacate a unit or structure, pursuant to an order by an enforcement agency.

(b) "Displaced." A tenant is displaced, within the meaning of this chapter, if the tenant is ordered to move out of a residential unit or structure by a notice to vacate issued by an enforcement agency.

(c) "Enforcement agency" means an enforcement agency as defined in the Ordinance Code of San Joaquin County Section 8-5003.

(d) "Notice to vacate" means the written notice of an order to vacate by the enforcement agency to the owner and occupant posted on the affected property declaring that, due to failure to repair or maintain, the unit or structure is ordered to be vacated.

(e) "Owner" means the owner of the property at the time the notice to vacate is issued, as shown on the last equalized assessment roll, and any successor in interest.

(f) "Residential unit or structure" means any dwelling, apartment, room or place which is the place of permanent or customary and usual abode of any person or household. A residential unit or structure may also include non-traditional places of habitation for which compensation has been collected.

(g) "Tenant" means any resident of the affected residential unit or structure, including, but not limited to, tenants, lessees, boarders, and lodgers. The tenant may also be the owner of the subject property. "Tenant" does not include those persons excluded as "persons who hire" under California Civil Code Section 1940, subdivisions (b)(1) and (b)(2).

(Ord. 4102 § 1 (part), 2001)

Any tenant who is displaced from any leased, rented or occupied residential unit or structure, due to unsafe or hazardous conditions, as a result of a notice to vacate issued by an enforcement agency under Title 8 of the Ordinance Code of San Joaquin County, or any other applicable provision, shall be entitled, as set forth in this chapter, to receive the following relocation benefits from the owner:

(a) A sum equal to twice the established monthly rental rate for the unit being vacated by the displaced tenant. The relocation benefits shall be provided in addition to the return, as required by law, of any deposit held by the owner. In lieu of paying relocation benefits to the displaced tenant, the owner may elect to pay the relocation benefits to the enforcement agency, which agency shall assist in relocating the displaced tenant.

(b) As an alternative to providing the sum set forth in Section 5702 (a), the property owner may, with the consent of the tenant, provide or arrange for a habitable place of residence.

(Ord. 4102 § 1 (part), 2001)

(a) In the event the owner fails, neglects or refuses to provide tenant relocation benefits due pursuant to Section 8-5702, the County may, within budgetary limitations, make payment of such relocation benefits as the enforcement agency determines is necessary to assist the tenant to relocate up to the amount payable by the owner under Section 8-5702.

(b) Any displaced tenant who needs relocation benefits because an owner fails to provide benefits due hereunder shall apply to the enforcement agency for benefits no later than ten (10) days after the date to vacate. The enforcement agency shall grant benefits only if the enforcement agency determines that the tenant is eligible for benefits from the owner.

(c) Any displaced tenant or property owner who objects to the decision of the enforcement agency to grant or not grant benefits, may appeal the decision in writing to the relocation benefits committee. This committee shall consist of three members of the San Joaquin County Board of Housing Appeals, appointed by the Chairman of the Board of Housing Appeals. The appeal shall consist of a written notice containing a brief statement of the grounds for appeal and shall be filed with the Board of Housing Appeals within ten (10) days of the date of the enforcement agency's decision. The committee shall hold an informal hearing on the appeal within fifteen (15) days after the notice of appeal is received by the enforcement agency, and shall issue written findings within five (5) days after the hearing. Such findings shall be final.

(d) The County may recover from the owner any relocation benefits paid by the County pursuant to this chapter. The County shall also be entitled to recover from the owner the County's actual costs (direct and indirect costs), including attorney's fees, of enforcing the provision of benefits to the displaced tenant.

(e) The county may recover relocation and administrative costs in the manner set forth in Chapter 5 of this division.

(f) Any relocation and administrative costs paid by the County may also be made a personal obligation of the owner and may be placed as a special assessment on the property.

(g) Nothing contained in this chapter shall require the County to pay any relocation benefits to any tenant.

(Ord. 4102 § 1 (part), 2001)

(a) No owner is responsible for relocation benefits to any tenant who has caused or substantially contributed to the condition giving rise to the notice to vacate as determined by the enforcement agency.

(b) No owner is responsible for relocation benefits if the unit or structure became unsafe or hazardous during the tenancy (and no more than six (6) months prior to the notice to vacate) as a result of earthquake, flood, fire, act of the public enemy or other disaster not proximately caused by building, plumbing, electrical, mechanical, or fire code violations.

(Ord. 4102 § 1 (part), 2001)

The remedies hereunder are in addition to any other remedies available under law.

(Ord. 4102 § 1 (part), 2001)

Any notice to vacate issued to an owner or tenant shall be accompanied by a reference to the provisions of this chapter. Failure to provide such shall not relieve any person of the obligations imposed by this chapter.

(Ord. 4102 § 1 (part), 2001)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. The Board hereby declares that it would have passed this chapter and each section, subsection sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid, unconstitutional, or outside the jurisdiction and/or police powers of the County as to certain entities or persons.

(Ord. 4102 § 1 (part), 2001)