St. Helena Municipal Code Ch. 8.32 Relocation Services and Payments for Residential Tenant Households

RELOCATION SERVICES AND PAYMENTS FOR RESIDENTIAL TENANT HOUSEHOLDS

Sections:

• 8.32.010 Findings.

• 8.32.020 Purpose.

• 8.32.030 Definitions.

• 8.32.040 Eligibility for relocation services and assistance.

• 8.32.050 Owner responsibilities. 8.32.060 Relocation payment procedures and appeal process. 8.32.070 City’s involvement in relocation payments. 8.32.080 Relocation and other payments. 8.32.090 Emergency relocations—Payments. 8.32.100 Move-back option. 8.32.110 Penalties. 8.32.120 Private right of action. 8.32.130 Notices.

The city council finds and determines that:

A. Some rental units and rooms in St. Helena have been found, or will be 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 preventing displacement, enforcing health and safety codes, and finding replacement housing and incurring moving-related expenses creates a financial hardship for tenant households, particularly those who are low-income.

D. The level of services and payments provided in this chapter is similar to that provided to tenant households displaced as a result of government-sponsored rehabilitation programs and is reflective of actual relocation costs likely to be incurred by displaced households.

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

F. 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 and have the additional purpose of encouraging landlords to maintain their residential properties in a habitable condition. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

The purposes of this chapter are to: (A) prevent displacement where possible; (B) provide relocation services; (C) require property owners to make payments to residential tenant households displaced as a result of code enforcement activities in order to alleviate hardships associated with such relocations; (D) facilitate the correction of code violations; and (E) protect the health, safety and welfare of the residents of St. Helena. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

“Code enforcement” or “code enforcement activity” shall mean an activity or activities initiated by the city to ascertain the condition of a building and requiring an owner to make necessary repairs to bring the property into compliance with applicable building and housing codes.

“Emergency relocations” shall mean when, in the opinion of the building official, any condition of the building or surrounding property causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of tenant households.

“Household” or “tenant household” shall mean one or more individuals entitled to the occupancy of a rental unit or room who share living expenses.

“Owner” shall mean a person, persons, landlord, corporation, or any entity holding title to a property or agent or assignee.

“Relocation” shall mean 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 to bring the property into code compliance where such repairs are undertaken because of code enforcement.

“Rental unit” or “unit” shall mean 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 a unit in a multifamily or multipurpose dwelling, a unit in a condominium or cooperative housing project.

“Room” shall mean a room in a hotel or boarding house or a rented room in a private dwelling occupied by a tenant who has paid for at least thirty (30) consecutive days of occupancy. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

A tenant household may be considered eligible for relocation assistance and payments pursuant to Sections 8.32.060, 8.32.070, 8.32.080, 8.32.090, and 8.32.100 if the city determines 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 such condition was not created by the tenant household occupying the unit or room. The owner shall have the burden of establishing that a tenant household is exempt from relocation assistance under this chapter. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

A. The owner shall make repairs within the time frame required by the city to remedy code violations that the city has determined are necessary to protect the health and safety of the tenants.

B. Neither the owner nor the city shall require the tenants to relocate as a result of code enforcement or code enforcement activity if the city determines that repairs can be made within a reasonable period of time without unreasonably endangering the health or safety of the tenants.

C. The owner shall be responsible for providing relocation payments to each tenant household displaced because repairs undertaken to bring the property into code compliance, as determined by the city, cannot be undertaken with the tenant household(s) in place.

D. The owner shall be responsible for providing such payments directly to the tenant household(s) to be displaced or already displaced.

E. The owner shall make payments required by this chapter at least ten (10) 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 reoccupancy, advance payment can be a partial payment sufficient to allow relocation of the affected tenant household to take place. The remaining amount owed pursuant to this chapter shall be made in a timely manner in order to prevent hardship to the tenant household.

F. Relocation payments shall not be required for repairs which are required as a result of any natural disaster or emergency not caused by the owner, including, but not limited to, a fire, earthquake or flood. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

A. The city, in conjunction with available housing assistance and tenant advocacy services, shall assist households displaced by 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 or deficient building pursuant to this 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. In deciding whether to order repairs or require vacation, the city shall give preference to repair of the building without requiring vacation; provided, that the city determines the violations are not so extensive or of such a nature that the health and safety of the affected tenant households or the public is substantially and immediately endangered, consistent with the requirements of Health and Safety Code Section 17980 et seq. or any successor statute(s).

C. Upon a written showing by any affected tenant that displacement would create extreme hardship, the city shall allow a deferral of the effective date of any order(s) of abatement consistent with Health and Safety Code

Section 17959.4 or any successor statute, except in cases in which the city determines that the violations are so extensive or of such a nature that the health and safety of the affected tenant households or the public is substantially and immediately endangered, consistent with Health and Safety Code Section 17980 et seq. or any successor statute(s), as applicable. The city manager may create and make available a form to be used by affected tenants to make the written showing required by this section.

D. If the city determines that relocation is necessary in order to bring the property into compliance with applicable code requirements or abatement orders, the owner shall provide written notice to each affected tenant household at least thirty (30) days in advance of the date of required relocation, unless the city orders an abatement that requires relocation in less than thirty (30) days, and in such case, the owner shall provide notice as soon as practicable prior to the effective date of the abatement order. Such notice shall include, but not be limited to, all of the following:

1. A summary of the repairs to be undertaken and the estimated duration of the relocation;

2. A statement that the tenant household is entitled to relocation benefits under this chapter;

3. A statement that the tenant household may appeal the determination to the city and request from the city a hardship deferral of the order to vacate;

4. A statement that such appeal and/or request may be made to the city manager; and the address and telephone number of the city manager;

5. A copy of this chapter.

The owner shall provide the city a copy of each notice provided under this section.

E. In addition to the notice provided by the owner, when the city issues a notice of abatement to the owner which requires vacation of the unit or building, the city shall provide written notice to affected tenant households either: (1) by posting a copy of the notice or order in a conspicuous place on the affected property and mailing the same by first class mail to each affected residential unit, or (2) by posting a copy of the order or notice in a conspicuous place on each affected residential unit. The notice required by this subsection shall include, but not be limited to, all of the following:

1. The city’s address and telephone number;

2. A statement that the tenant household may appeal the determination to the city and request from the city a hardship deferral of the order to vacate;

3. A statement that such appeal and/or request may be made to the city manager; and the address and telephone number of the city manager; and

4. A statement that a lessor (or owner) may not retaliate against a lessee (or tenant household) pursuant to Civil Code Section 1942.5.

Notwithstanding the foregoing, failure of an affected tenant household to receive the notice required by this section shall not invalidate the city’s notice of abatement to the owner requiring vacation of the unit or building.

F. The issuance by the building official of a notice of necessity to vacate the building shall not relieve the building owner of his or her obligation to provide any other notice of termination of tenancy imposed or required by any provision of state law or ordinance. Each tenant household which has been served with a notice of necessity to vacate building pursuant to this chapter shall: (1) submit a written request for relocation payment; (2) serve a copy of said written request for relocation payment on the owner, together with an estimate of the amount of payments to which the tenant household is entitled pursuant to Section 8.32.080 within twenty (20) days after receipt of such notice; and (3) retain a copy of the written request for its records. If payment is to be made in more than one installment, the tenant household shall notify the owner of the remaining amount owed. The city manager may create and make available a form to be used by tenant households under this section.

G. Within ten (10) days after receipt of the tenant’s notice referred to in subsection F of this section, the owner shall either make the initial payment of relocation benefits directly to the tenant household or file a written request for an appeal hearing before the city manager or designee 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 initial payment shall include:

1. The dislocation allowance pursuant to Section 8.32.080(A)(1).

2. Fixed moving and storage costs pursuant to Section 8.32.080(A)(2) or (B)(1).

3. The replacement housing payment pursuant to Section 8.32.080(A)(3) or (B)(2).

Except in cases where the city determines that the violations are so extensive or of such a nature that the health and safety of the tenant household or the public are substantially and immediately endangered (consistent with Health and Safety Code Section 17980 et seq. or any successor statute), the tenant household shall have the right to remain at the rental unit or room until such time as it has received the initial payment of relocation benefits to which it is entitled under this chapter.

Subsequent relocation payments shall be made on a monthly basis thereafter and shall be made at least seven days in advance of when the tenant household’s monthly rental payment is due. In lieu of monthly payments, the owner may make lump payments covering specified periods of time.

H. An appeal hearing shall be scheduled before the city manager or designee to consider the issues described in the appeal document within thirty (30) days of the filing of such appeal. The owner and all affected tenants shall be notified by mail of the time and place of the hearing at least ten (10) days before the date of hearing. The city manager or designee shall render a decision on any such appeal within ten (10) days after the close of the hearing. The decision of the city manager shall be final.

I. 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 or her administrative remedies as to any issue which is not raised in the administrative proceedings authorized herein. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

The city may, in its discretion, make any of the payments required by Section 8.32.080 in situations where the owner is unwilling or unable to pay for relocation costs and the tenant household is required to relocate due to code enforcement activity to bring the building into code compliance. The city shall recover from the owner all costs incurred as a result of making such payments. In order for the city to consider making such payments, a request must be made by the tenant household to the city manager within twenty (20) days from the owner’s refusal to make the required payments.

A. In the above cases, the city shall first mail, by certified mail, a written notice to the owner of the owner’s obligation under this chapter (1) to provide relocation assistance and payment and (2) the time limit within which payment is to be made. The notice shall also specify that failure to make required payments may result in the city making such payments on behalf of the owner and the consequences to the owner of the city’s action.

B. If within ten (10) days of receipt of said notice the owner continues to refuse to make the necessary payments, the city may make the required relocation payment to the tenant household. The city shall then 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 to the city within sixty (60) days, the city shall record a lien on the property from which the tenant household was displaced with the county recorder and provide notice of such lien to the owner and to the county assessor. The lien amounts shall accrue interest at a rate of ten percent (10%) per annum until the lien is discharged. The lien shall be subordinate to all existing special assessment liens previously imposed upon the property and shall be paramount to all other liens except for state, county and municipal taxes and special assessments. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

• A. Payments for Relocation from Rental Units. Tenant households displaced from rental units in order to bring the property into code compliance shall be eligible for the following payments:

  1. A one-time dislocation allowance of five hundred dollars ($500.00) to help defray incidental relocation expenses.

  2. The household’s choice of a fixed or actual moving and storage expense payment subject to the following requirements:

     • a. If a fixed payment is chosen, a payment of eight hundred dollars ($800.00) shall be made if both moving and storage of household goods are necessary. If no storage is required, the fixed payment shall be four hundred dollars ($400.00). No documentation is necessary to receive a fixed payment. In cases of disputes as to whether storage is required, the city shall be asked to make that determination. The city’s determination is final.

     • b. Payment for actual documented moving and storage expenses shall include both movement to the replacement unit(s) and movement back to the original unit. Payment shall not exceed the rates established by the California Public Utilities Commission.

  3. A replacement housing payment equal to the documented difference between the rent and utilities paid on the unit being rehabilitated and the lesser of:

     • a. Rent and utilities in the replacement unit; or

     • b. An amount equal to ten percent (10%) above the fair market rent guidelines maximum used for the Section 8 Existing Housing Program or its equivalent by bedroom size of the unit being rehabilitated. The rent differential payment shall be made until such time that the unit from which the household was displaced is available for occupancy.

  4. Payment of the required security deposit at the relocation unit, excluding any charges for damages to the relocation unit caused by tenant other than normal wear and tear.

  5. Payment of a daily food allotment of twenty-five dollars ($25.00) per person to the extent the relocated tenant household does not have access to cooking facilities during the time it temporarily occupies replacement housing.

• B. Payments for Relocation from Rental Rooms. Payments for relocation from rooms shall be as follows:

  1. Actual, documented moving and storage costs, not to exceed the rates established by the California Public Utilities Commission.

  2. A replacement housing payment equal to the lesser of:

     • a. The documented difference between rent and utilities on the room to be vacated and a replacement dwelling; or

b. The fair market rent guidelines maximum for a one-bedroom unit used for the Section 8 Existing Housing Program. The rent differential shall be paid until such time as the room from which the tenant household was displaced is available for occupancy.

3. Payment of the required security deposit at the relocation unit, excluding any charges for damages to the relocation unit caused by tenant other than normal wear and tear.

C. Payment to Multiple Households Occupying a Unit or Room. Payments for displacement from a unit occupied by more than one household shall be divided among the households according to amount of space occupied in the unit. Payments for displacement from a room shall be shared equally among the households. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

A. In the event of an emergency relocation, the city may order the immediate relocation of the tenant households without notice or hearing as provided in this chapter. The city shall provide relocation payments and services as provided in this chapter with the owner being responsible for payment pursuant to the procedures set forth in Sections 8.32.070 and 8.32.080. Prior to any emergency relocation, the city shall make reasonable attempts to contact the owner or his, her, or its management agent by telephone or in person to provide notice of the nature, timing, and extent of the emergency relocation, as well as the city’s intent to collect the relocation costs and attorney’s fees and that such costs and fees may be collected as a special assessment and the property may be sold after three years by the tax collector for unpaid delinquent assessments and that any special assessment for abatement costs and fees may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes pursuant to California Government Code Section 38773.5 or any successor statute.

B. When emergency relocation is necessary, it shall be ordered only by the city manager or his or her designee.

C. Notice of the emergency relocation shall be provided to the owner or other responsible parties as soon as practicable. Service of the notice shall be made either by personal delivery to the person to be notified or by deposit in the U.S. Mail to such person to be notified at the address shown upon the last tax roll or as shown upon some other public record pertaining to the matter to which such notice is directed. Service by mail shall be deemed effective at the time of deposit in the post office. The notice shall describe the condition that caused the emergency vacation and imminent and/or immediate danger to the health and safety of the tenant household(s) and/or public that resulted in the emergency vacation as well as the city’s intent to collect the relocation costs and attorney’s fees as a special assessment against the property subject to collection at the same time and in the same manner as is provided for the collection of ordinary property taxes pursuant to California Government Code Section 38773.5 or any successor statute. The notice shall also advise that a hearing to contest the need for the emergency vacation and the amount of the relocation payments may be requested within fifteen (15) days of the notice. If a timely request for a hearing is submitted, it shall be heard within fifteen (15) days of receipt of the request pursuant to the procedures set forth in Section 1.12.170. The decision of the hearing officer may be appealed to the city council pursuant to the terms of Section 1.12.180.

D. The costs and expenses of an emergency vacation shall be made a lien on the property and shall be collected pursuant to the procedure found in Sections 1.12.210 to 1.12.230. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

A. The relocation of a tenant household pursuant to this chapter shall not terminate the tenancy of the relocated household.

B. A tenant household displaced due to repairs or rehabilitation undertaken to bring a property into code compliance shall have the right to reoccupy the unit or room from which it was displaced as soon as the unit is ready for reoccupancy.

C. If a tenant 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.

D. As a general rule, owners shall notify a relocated tenant household at least thirty (30) days in advance by registered mail of the availability of the unit or room. If a shorter notice is given and the tenant household indicates that it wishes to move back, the unit or room must be held vacant at no cost to the tenant household for a period of thirty-five (35) days after the mailing of the notice of availability.

E. Within five days of receipt of notice of availability of the unit or room, a tenant household wishing to move back must personally notify the owner of its intent to reoccupy the rental unit or room.

F. A unit or room shall be deemed to be permanently surrendered and the tenancy terminated when the tenant household provides notice in writing to the owner that it does not intend to reoccupy the unit or room from which it was displaced or does not notify the owner of its intent to reoccupy the unit or room. If the owner has not made relocation payments as required by this chapter and the tenant has not timely notified the landlord of its intent to reoccupy the premises, then it shall be presumed that the surrender of the right of possession of the premises was involuntary, unless the owner has received a written notice from the tenant household permanently surrendering its right to occupy the premises. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

In addition to any other penalty or remedy available or imposed by law or in equity, 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 1.20. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

Any person or organization aggrieved by a violation of any provision of this chapter shall have the right to file an action for injunctive relief and/or damages. Treble damages shall be awarded for willful failure to comply with the payment obligation established by this chapter. The prevailing party in any court action under this chapter shall be entitled to reasonable attorneys’ fees. (Ord. 14-13 § 1 (Exh. A); Ord. 12-6 § 1)

All notices required by this chapter shall be provided in English and Spanish. (Ord. 14-13 § 1 (Exh. A)