San Rafael Municipal Code Ch. 10.111 Relocation Assistance in Opportunity Zones

It is the purpose and intent of this chapter to help mitigate the adverse health, safety and economic impacts experienced by residents of rental housing who are displaced from their residences due to no fault terminations of their tenancies. This chapter requires a property owner to mitigate the impact on these residents by providing relocation assistance benefits to residents located within U.S. Census Tract 1122.01, which has been designated a "Qualified Opportunity Zone" by the 2017 Tax Cuts and Jobs Act.

(Ord. No. 1992, § 2, 3-15-2021)

For purposes of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall either have the meanings set forth in section 10.105.030 of this Code, or below, as applicable:

A. "Disabled" means a person with a disability, as defined in Section 12955.3 of the Government Code.

B. "Elderly" means a person sixty-two (62) years or older.

C. "Lease" means any contract between a tenant household and a landlord or property owner for a specified time, in return for a periodic payment.

D. "Minor child(ren)" means a person(s) who is eighteen (18) years or younger at the time the notice of relocation assistance is provided to the tenant household.

E. "No fault termination" shall have the meaning set forth in section 10.105.040(C) of this Code.

F. "Relocation assistance" means the payment issued to a tenant household which household will be evicted from a dwelling unit pursuant to a "no fault termination."

G. "Tenancy" means the use or occupancy of a dwelling unit by a tenant.

(Ord. No. 1992, § 2, 3-15-2021)

A. A tenant household shall be eligible for relocation assistance pursuant to this chapter if:

1. The tenant household has continually occupied a dwelling unit for a period of thirty (30) days or more; and

2. The tenant household occupies a dwelling unit located within U.S. Census Tract 1122.01, and shown in the shaded areas of Map 10.111.030.

Map 10.111.030 [Figure: Map 10.111.030]

B. A tenant household shall not be eligible to receive relocation assistance pursuant to this chapter if the tenant household is subject to a "for cause termination" pursuant to subsection (B) of section 10.105.040 of this Code.

C. A tenant household that is eligible to receive relocation assistance pursuant to this chapter shall not be eligible to receive relocation assistance pursuant to the provisions of section 14.16.279 of this Code.

(Ord. No. 1992, § 2, 3-15-2021)

If the termination of a tenancy subject to this chapter qualifies as a "no fault termination" pursuant to subsection (C) of Section 10.105.040 of this Code, the landlord of the dwelling unit subject to the no fault termination shall, regardless of the tenant household's income, provide relocation assistance in accordance with the provisions of this chapter.

(Ord. No. 1992, § 2, 3-15-2021)

Relocation assistance shall be subject to the following:

A. Calculation of Relocation Assistance. A tenant household that is eligible to receive relocation assistance pursuant to this chapter shall be entitled to a relocation assistance payment equal to the sum of the following:

1. First and Last Month's Rent. Payment for first and last month's rent shall be equal to two (2) times the greater of (1) the rent established by a lease between the landlord and the tenant household, or (2) the current Fair Market Rent published annually by the U.S. Department of Housing and Urban Development for the San Francisco, CA HUD Metro FMR Area, corresponding to the number of bedrooms in the subject dwelling unit; and

2. Security Deposit. Payment for a security deposit shall be established by city council resolution and based upon the number of bedrooms in the property; and

3. Moving Expenses. Payment for moving expenses shall be established by city council resolution and based on the number of bedrooms in the property; and

4. Per Diem. A per diem payment for each day remaining in the calendar month in which the tenancy is terminated. The per diem amount shall be established by city council resolution, to compensate for costs such as short-term rental accommodations, meals, and other related costs, and based upon tenant household size; and

5. Supplemental Payments. Tenant households that qualify for the supplemental payment categories set forth in this subsection shall receive up to one (1) supplemental payment. Supplemental payments shall be equal to one (1) month's rent calculated using the greater of (1) the monthly rent established by a lease between the landlord and the tenant household; or (2) the current Fair Market Rent published annually by the U.S. Department of Housing and Urban Development for the San Francisco, CA HUD Metro FMR Area, corresponding to the number of bedrooms in the subject dwelling unit.

Supplemental payment categories include:

a. Tenant households with minor child(ren). Households with at least one minor child(ren).

b. Tenant households with elderly individual. Households with at least one elderly individual.

c. Tenant households with disabled individual. Households with at least one disabled individual.

B. Notice of Relocation Assistance.

1. Not less than sixty (60) days before a tenancy is terminated pursuant to subsection (C) of section 10.105.040, the landlord shall provide a Notice of relocation assistance to the tenant household whose tenancy will be terminated.

2. The notice of relocation assistance may be provided along with or incorporated within the notice of termination required pursuant to section 10.105.050.

3. The notice of relocation assistance shall be in the same language and/or dialect as the rental agreement was negotiated.

4. The notice of relocation assistance shall contain the following:

a. The amount of the relocation assistance payment itemized in the manner set forth in subsections (1) through (4) of subsection (A) of section 10.111.050 regarding calculation of relocation assistance;

b. A statement informing the tenant household that it may submit evidence of eligibility for a supplemental payment pursuant to subsection (5) of subsection (A) of section 10.111.050 of this Code within twenty-one (21) days of receipt of the notice of relocation assistance.

c. The date by which the relocation assistance payment will be delivered to the tenant household; and

d. A copy of San Rafael Municipal Code Chapter 10.111.

C. Certification of Relocation Assistance and Administrative Fee. Within ten (10) days of issuance of a notice of relocation assistance pursuant to subsection (B) of section 10.111.050 of this chapter, the landlord shall submit to the city's community development department, a completed certification of relocation assistance on a form approved by the city along with an administrative fee in an amount set forth by separate resolution of the city council, which fee shall offset the costs in administering this chapter.

The certification of relocation assistance shall include the following information:

1. The address of each dwelling unit in the rental property that is subject to the no-fault termination;

2. The monthly rent for each of those dwelling units; and

3. The name of every person the landlord considers to be a resident under an oral lease, written lease, or other rental agreement.

D. Payment of Relocation Assistance.

1. Not less than thirty (30) days before the final date of the terminated tenancy, the landlord shall deliver, via certified mail or personal service, to the address of the terminated tenancy, the relocation assistance required by this chapter.

2. The relocation assistance payment shall be equal to the sum of the amounts required by subsections (1) through (4) of subsection (A) of section 10.111.050, and shall include the amount set forth in subsection (5) of subsection (A) of section 10.111.050 if the tenant household has provided timely evidence of eligibility for a supplemental payment. The owner must keep all such evidence and documents submitted by the tenant household confidential.

3. Relocation assistance shall be paid per tenant household, not per tenant.

4. Relocation assistance shall be paid via check or cashier's check made out to the person(s) who are named on the lease for the terminated tenancy.

E. Verification of Payment of Relocation Assistance. Before issuance of demolition permits, building permits or other city permits and/or entitlements that would result in no fault termination subject to Chapter 10.105 of this Code, the city must receive verification from the landlord of the property seeking said permits and/or entitlements that all relocation assistance required pursuant to this chapter has been paid. This verification shall be submitted in a form approved by the community development department.

(Ord. No. 1992, § 2, 3-15-2021)

Whenever any notice or other communication is required by this chapter to be served on, provided, given or delivered to, or filed with, any person, that notice or communication may be communicated by personal delivery, certified mail, first class mail, e-mail, or any other similar method that will provide a written record of the notice or communication.

(Ord. No. 1992, § 2, 3-15-2021)

Any attempt to recover possession of a rental unit in violation of this chapter shall render a landlord liable to the tenant for damages permitted by law in a civil action for wrongful eviction. A tenant may also seek injunctive relief and money damages for wrongful eviction and/or failure to pay relocation assistance, including failure to pay a supplemental payment where the tenant household has timely submitted evidence of eligibility for a supplemental payment pursuant to subsection (5) of subsection (A) of section 10.111.050 of this Code. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys' fees.

(Ord. No. 1992, § 2, 3-15-2021)

This chapter is intended to provide assistance to renters experiencing higher risks of displacement and renters affected by the opportunity zone designation authorized by the 2017 Tax Cuts and Jobs Act. At such time as the opportunity zone designation is lifted from Census Tract 1122.01 or the Act is amended so as to not provide its stated tax benefits to investments within Census Tract 1122.01, the provisions of this Chapter shall expire and become null and void. The city council shall repeal this chapter should it expire by the terms of this section.

(Ord. No. 1992, § 2, 3-15-2021)