10-1.704 Tenant Provisions.

1. Notice of Intent. As provided in Government Code 66427.1(a), a notice of intent to convert shall be delivered by the Subdivider to each tenant at least 60 days prior to filing of the Tentative Map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The form of the notice shall be in the form outlined in Government Code Section 66452.9 and approved by the Community Development Department and will inform the tenants of all rights provided under this article and state law.

2. Notice of Public Report. As provided in Government Code Section 66427.1(a), each tenant shall receive 10 days' written notice that an application for a public report will be or has been submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

3. Notice of Final Map Approval. As provided in Government. Code 66427.1(b), each tenant shall receive written notification within 10 days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

4. Tenant's Right to Purchase. As provided in Government Code §66427.1(d), any present tenant shall be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety (90) days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

5. Vacation of Units. Each tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit, shall be given one hundred eighty (180) days' written notice of intention to convert his or her unit prior to termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit and when the 180-day period will

begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail.

6. No Increase in Rents. The rents charged tenants resident when a completed tentative map application was accepted by the Community Development Department shall not be increased for two years from that acceptance time until the unit is sold or until the subdivision is denied, withdrawn or reverted to acreage. The increase in rent on a unit which has been vacated after receipt of the application by the Community Development Department shall not be subject to control.

After rent increases have been restricted by this subsection or any predecessor to it for at least two years, the owner may request the Community Development Department to grant a rent increase. Rents may be increased in accordance with the provisions of the following table:

AMOUNT AND TIMING OF INCREASE

Fair market rent is the average rent charged at the time the request for a rent increase is received in units comparable in size and quality to the affected unit, but for which rent increases are not regulated by this section. The burden of proving fair market rent shall rest entirely with the owner. (§1, Ord. 1630, eff. August 1, 1985)

7. Special Cases. Any non-purchasing tenant who is handicapped or has minor children in school or is age 60 or older and does not accept a lifetime lease, living in any unit prior to the time a completed tentative map

application has been accepted by the Community Development Department shall be given at least an additional six (6) months in which to find suitable replacement housing.

8. Moving Expenses. The subdivider shall provide moving expenses of two times the monthly rent to any tenant household living in any unit prior to the time a completed tentative map application has been accepted by the Community Development Department as provided in this section.

A tenant moving in after tentative map application will not be required to be provided with moving expenses. Eligible tenants will receive moving expenses within 14 days after they relocate, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert. The subdivider shall also provide each tenant with a monthly list of other rentals available in the Central Contra Costa area beginning from the time of tentative map application until each tenant relocates or decides to purchase a unit.

after they relocate, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert. The subdivider shall also provide each tenant with a monthly list of other rentals available in the Central Contra Costa area beginning from the time of tentative map application until each tenant relocates or decides to purchase a unit.

9. Notice to New Tenants. Beginning at a date not less than 60 days prior to the filing of the tentative map, the subdivider or his or her agent shall give notice of such filing in the form outlined in Government Code 66452.8(b) to each person applying after such date for rental of a unit prior to acceptance of any rent or deposit. If the subdivider or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice and who does not purchase his or her unit, an amount equal to two times monthly rent for moving expenses.

10. Senior Citizens. At the time of final map approval, all tenant households resident at the time a completed tentative map application was accepted by the Community Development Department in which the head of household or spouse is age 60 or older shall be offered a Lifetime Lease. Annual rent increases shall not exceed 75% of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in this index at the time rent increases are imposed. Starting rents shall be the rent at the time of tentative map application. Lease forms shall be submitted to the Community Development Department for review prior to final map approval.

11. Low- and Moderate-Income Tenant. At the time of final map approval, all tenant households resident upon acceptance by the City of a completed tentative map application, which meet the income limits of the HUD Section 8 program will be considered low- and moderate-income households and shall be offered at a minimum a three-year lease. Annual rent increases shall not exceed 75% of the latest annual average percentage increase of the Residential Rent Component of the Consumer Price Index, San Francisco-Oakland SMSA. Tenants shall be informed of the change in this index at the time rent increases are imposed. Starting rents shall be the rent at the time of tentative map application. Lease forms shall be submitted to the Community Development Department for review prior to final map approval. (§1, Ord. 1530, eff. April 22, 1982)