Article III — Tenant and Buyer Protection

The applicant for a condominium conversion shall comply with all the requirements of the Subdivision Map Act of the state regarding notice to tenants of the intent to convert and granting to such tenants the rights specified in the Subdivision Map Act, including, but not limited to, Sections 66427.1, 66452.8 and 66452.9 of the Government Code of the state regarding continuation of tenancy for one hundred eighty days before termination due to the conversion, measured from the notice of intention to convert. (County code § 8-6.501)

Any protected tenant, as defined in Section 16.64.050, shall be given no less than one hundred eighty days' written notice of intention to convert prior to the termination of tenancy due to the conversion, measured from the date of the approval of the tentative map of the conversion. (County code § 8-6.502)

As a condition of any condominium conversion approved pursuant to this chapter, the applicant shall comply with all the requirements of the Subdivision Map Act of the state regarding the grant to each tenant of the proposed condominium conversion project of an exclusive right to contract for the purchase of the dwelling unit occupied by the tenant upon the same or more favorable terms and conditions than those on which such unit will be initially offered to the general public, as required by subsection (d) of Section 66427.1 of the Government Code of the state. The right shall run for a period of not less than ninety days after the date of the issuance of the preliminary subdivision public report pursuant to Section 11018.2 of the Business and Professions Code of the state, unless the tenant gives prior written notice to the developer of the tenant's intention not to exercise the right to purchase or request an extended lease. (County code § 8-6.503)

No tenant shall be unjustly evicted from the date of the initial notice of intent to convert provided pursuant to subsection (a) of Section 66427.1 of the Government Code of the state through the dates specified in this article for the continuation of tenancy before termination due to the conversion. An unjust eviction shall be an eviction for other than one or more of the following reasons:

• A. The tenant has failed to pay the rent to which the landlord is entitled.

• B. The tenant has violated an obligation or covenant of the tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after receiving written notice thereof from the landlord.

• C. The tenant is committing or permitting to exist a nuisance in, or is causing damage to, the rental unit or to the appurtenances thereof or is creating an unreasonable interference with the comfort, safety or enjoyment of any of the other residents of the same or any other

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.64.210

§ 16.64.240

adjacent building.

• D. The tenant is using or permitting a rental unit to be used for any illegal purpose.

• E. The tenant, who had a written lease or rental agreement which terminated on or after December 30, 1982, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration with similar provisions and in such terms as are not inconsistent with or violative of any provision of this section.

• F. The tenant has refused the landlord reasonable access to the unit for the purpose of inspection, as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee.

• G. The person in possession of the rental unit at the end of the lease or rental term is a subtenant or assignee not approved by the landlord, where the lease or rental agreement requires approval by the landlord of any assignment or subtenancy.

• H. A developer shall not evict tenants nor force tenants to vacate their rental units for the purpose of avoiding the application of this chapter.

In no case shall any tenant be evicted because the tenant may be nonsupportive of the conversion proposal.

The intention of this section is to provide tenant protection in addition to, and not in lieu of, any and all tenant protections afforded by the laws of the state. This chapter shall not be construed to impair the rights of either landlords or tenants under preexisting leases, if such leases expressly authorize eviction due to conversion.

(County code § 8-6.504)

From the date of the initial notice of intent to convert provided pursuant to subsection (a) of Section 66427.1 of the Government Code of the state, through the dates specified in this article for the continuation of tenancy before termination due to the conversion, no tenant's rent shall be increased more frequently than once every twelve months nor at a rate greater than the rate of increase in the current Consumer Price Index for the San Francisco Region, on an annualized basis, for the same period. This limitation shall not apply if rent increases are provided for in written leases or contracts executed prior to the date of the initial notice. (County code § 8-6.505)

After the service of the notice of intention to convert pursuant to subsection (a) of Section 66427,1 of the Government Code of the state, any prospective tenant shall be notified in writing of the intent to convert prior to leasing any unit, as required by Section66452.8 of the Government Code. The provisions of this section concerning rent increase limitations shall not apply to any lease or rental agreement entered into after such tenant has received such notice. (County code § 8-6.506)

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City of West Sacramento, CA § 16.64.240

WEST SACRAMENTO CODE

§ 16.64.260

Each applicant shall propose and, after approval by the planning commission, shall implement a relocation assistance plan for each tenant who will be evicted as a result of the conversion. No such plan shall be approved unless it includes the following elements:

• A. A report to each tenant concerning the availability of housing comparable to the unit occupied by the tenant as defined in Section 16.64.050;

• B. A description of the standards the applicant will undertake to assure the successful relocation of each tenant;

• C. An unconditional offer to pay a relocation expense for each dwelling unit (to include the actual invoice amount provided by a moving company, any deposit less damages, and an amount equal to the last month's rent at the new residence) of not less than five hundred dollars; and

• D. Within a four-mile radius of the conversion project, that alternate comparable housing, as defined in Section 16.64.050, shall actually be found for all displaced tenants before they are required to move.

• (County code § 8-6.507)

The applicant shall propose an incentive program to assist protected tenants, as defined in Section 16.64.050, in the proposed project. Such incentives shall include one or more of the following:

• A. A shared equity program between the tenant and developer or lending institution;

• B. An inclusionary program which substantially writes down the cost of the unit;

• C. The use of mortgage bond money enabling the low income household to purchase;

• D. Additional relocation assistance;

• E. An extended lease program no less than six months in duration offered to the tenant;

• F. A below-market interest rate financing program;

• G. A short-term interest-free mortgage;

• H. A donation of use for units to the city housing authority for rental purposes, with the first right of tenancy to the existing tenant; and

• I. Other incentives proposed by the applicant to meet the intent of this section. (County code § 8-6.508)

• A. The applicant shall provide each condominium unit purchaser with a copy of the public report required by the Department of Real Estate of the state.

• B. The covenants, conditions and restrictions (CC&Rs), or equivalent document, shall contain

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.64.260

§ 16.64.260

on the first page thereof, in type as large as any type used in the CC&Rs, a notification in substantially the following words:

NOTICE

The terms of this document are legally binding. Read it carefully. A real estate broker is qualified to advise you on real estate matters. If you desire legal advice, consult an attorney.

• C. The applicant shall not discriminate in the sale or in the terms and conditions of sale of any dwelling unit against any person who is or was a tenant of any such dwelling unit because such person opposed the conversion of such building into a condominium.

• (County code § 8-6.509)

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City of West Sacramento, CA

SUBDIVISIONS

§ 16.64.270

§ 16.64.290