San Jose Municipal Code Part 11 Owner Relocation Obligations

For purposes of this part, the term "enforceable action" means the issuance of a notice of summary abatement; notice of hearing on proposed abatement, administrative penalty, nuisance abatement cease and desist order or other administrative action, or the filing of a civil complaint or criminal citation or complaint.

(Ords. 24447, 25711.)

For purposes of this part, the term "notice of violation," in addition to a notice so labeled, means a notice, including but not limited to, a compliance order issued by the city stating that a unit, due to its substandard condition, is in violation of the housing codes or fire codes or stating that a unit shall be vacated because its existence, use or occupancy is unlawful under state law or Title 20 or Title 24 of this Code.

(Ords. 24447, 25711.)

For purposes of this part, the term "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.

(Ord. 24447.)

For purposes of this part, the term "owner" means any person who holds legal title, in whole or in part, to a unit subject to this part.

(Ord. 24447.)

For purposes of this part, the term "unit" means any dwelling or room which is the permanent or customary and usual residence from which a tenant is displaced.

(Ord. 24447.)

A tenant is displaced for the purposes of this part if a unit must be vacated as provided in subsection A. or B.:

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 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 city determines that the substandard condition affects the health and safety of the tenant; or

B. Because the unit or the building which contains the unit has been ordered vacated either by the city or a court order due to the substandard condition of the unit or unlawful existence, use or occupancy of the unit under state law or Title 20 or Title 24 of this Code.

(Ords. 24447, 25711.)

A. When tenants are displaced, the owner of the unit shall provide relocation assistance to the tenants as specified in this part.

B. Any payments required under this part shall be made by the owner directly to the tenants.

(Ord. 24447.)

A. An owner shall not be required to provide relocation assistance under this part if any of the following conditions are demonstrated:

1. A tenant or a guest or invitee of the tenants:

a. Caused or substantially contributed to the substandard conditions cited in the notice of violation; or

b. 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; or

2. The tenants are displaced as a direct result of a natural disaster, as such term is defined in Government Code Section 8680.3; and

a. The city determines that the actions or omissions of the owner or owner's agent did not contribute to the disaster's impact on the unit; and

b. The tenants were not already entitled to relocation assistance under the provisions of this part at the time of the disaster; or

3. The tenants are displaced as a result of a lawful eviction.

B. The owner shall have the burden of proving that any exemption in this section is applicable.

(Ords. 24447, 25711.)

A. A written summary of an owner's obligation and a tenant's rights under this part 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 city.

B. The owner shall deliver the summary of an owner's obligation and a tenant's rights under this part to tenants of all units subject to the enforcement action by personal delivery, or registered or certified mail within twenty-four hours of the receipt by owner or owner's agent of:

1. The enforcement action; or

2. The city or court order to vacate a unit.

C. In addition to the notices provided for in paragraphs A. and B. of this section, the city 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 city order to immediately vacate.

D. Any notice required by this part to be delivered to tenants shall contain the following notice translated in Spanish, Vietnamese, Cambodian, Chinese, Korean, and Laotian 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 City of San José, (Address and Phone Number)."

(Ord. 24447.)

A. Where an owner is required by a city or a court order to have unit vacated immediately, or where vacation is required to enable compliance with a notice of violation from the city 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 Section 17.20.2100 or Section 17.20.2110 are provided.

B. The owner, at 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 to the tenants than previously paid by the tenants or the advance payment of the fair market rent as established by the most recent current U.S. Department of Housing and Urban Development 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.

2. Any additional necessary employment and education transportation costs to the tenants arising as a result of the displacement.

3. If the alternative housing required in this section does not contain furnishings, furnishings appropriate for the tenants in the alternative housing required in this section.

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 relocation assistance required under this section shall be provided by the owner by the time of the displacement of the tenants.

(Ord. 24447.)

A. If tenants are displaced on a nonemergency 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 sixty 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 Section 17.20.2110 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 thirty days of displacement and related costs and the full rent costs thereafter until such time as the owner's obligation terminates under Section 17.20.2110.

2. Any additional necessary employment and 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.

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 nonemergency 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.

(Ords. 24447, 25711.)

A. If the owner anticipates that displacement shall continue or if displacement actually continues for more than sixty 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 city council.

4. Any additional necessary employment and 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 thirty days prior to the displacement of the tenants.

E. The relocation assistance required by Sections 17.20.2090, 17.20.2100 and 17.20.2110 shall be cumulative.

(Ords. 24447, 25711.)

A. A displaced tenant and the owner may agree to alternatives to the relocation assistance required under this part 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 part and that the tenant understands those rights.

B. The relocation assistance required by the owner under this part 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 part shall not affect any rights of the owner under any other provisions of this Code or other applicable law.

(Ord. 24447.)

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 Section 17.20.2130.C. 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 thirty 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 Section 17.20.2130.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.

(Ords. 24447, 25711.)

A. If tenants exercise the right to reoccupy a unit as provided in Section 17.20.2130 of this part, the owner shall not increase the amount of rent paid by the tenants prior to the date of their displacement for a period of twelve months after the date the tenants reoccupy the unit.

B. This section shall not apply to any unit:

1. That is subject to the provisions of Chapter 17.22 or Chapter 17.23 of this Code; or

2. For which rent is subsidized by any government agency.

(Ord. 24447.)

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 part.

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 part; 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 one thousand dollars for each violation of this part.

C. The remedies provided by this part are in addition to any other legal or equitable remedies and are not intended to be exclusive.

(Ord. 24447.)