Westlake Village Municipal Code Ch. 6.7 Tenant Relocation Assistance

This chapter shall be known as the Tenant Relocation Assistance Ordinance of the City of Westlake Village.

(Ord. 29-V, Enacted, 10/13/82)

The City Council hereby finds that there presently exists in the City of Westlake Village a critical shortage of rental housing. Due to this shortage which creates an extremely low vacancy rate, adequate safe and decent rental housing is extremely difficult to find within the City.

This shortage is aggravated by the conversion of existing rental housing to condominiums, resulting in displacement of the decreased housing opportunities for existing tenants, particularly those in low to moderate income categories, senior citizens and the handicapped. Such conditions have a detrimental effect on the lives of a considerable number of residents of the City.

The provisions of this chapter are intended to protect tenants from the harsh results of sudden conversions while assuring owners of rental properties the opportunity to convert rental housing to condominiums.

(Ord. 29-V, Enacted, 10/13/82)

A. Condominium shall mean the same as defined in Section 783 of the California Civil Code.

B. Dwelling Unit shall mean a room or a group of two or more rooms designed, intended, or used for human habitation, except a mobilehome.

C. Household shall mean a tenant or a group of tenants, as the case may be, residing in a rental unit.

D. Owners shall mean the person or entity who possesses legal title to a condominium or proposed condominium project or an agent or representative authorized to act on such person or entity's behalf in connection with such project.

E. Rental unit shall mean a dwelling unit located in a structure or project, other than a mobilehome park, consisting of five (5) or more dwelling units which has been or will be converted to a condominium project.

F. Sale of a unit shall mean close of a bona fide escrow and recordation of a deed.

G. Tenancy shall mean the right or entitlement of a tenant to use or occupy a rental unit.

H. Tenant shall mean a person who has a tenancy.

(Ord. 29-V, Enacted, 10/13/82)

The owner of any apartment rental housing which has been or is proposed to be converted to a condominium project shall comply with the following conversion schedule in order to terminate the tenancy of any tenant:

A. The owner shall not terminate the tenancy of any existing tenant until thirty (30) days after the sale of the one hundredth (100th) vacant unit in the project, vacant units being those vacant on the effective date of this chapter as well as any previously occupied unit which is hereafter vacated voluntarily. For the purposes of this paragraph, the sale of three (3) or more units to any single purchaser shall be counted as a maximum of three units towards achievement of the one hundred minimum.

B. Article 6, Chapter 6 of this code shall apply to all units rented to existing tenants lawfully in possession of the unit.

C. Tenants shall vacate within thirty (30) days of receipt of written Notice to Vacate from the owner. Notice to Vacate shall not be given until after the owner has provided to the City documentation showing the close of bona fide escrows for all one hundred (100) vacant units as provided in paragraph A of this section.

(Ord. No. 29-V, Enacted, 10/13/82)

A. The owner shall pay to each household on or before the date the unit is vacated, the tenants of which voluntarily vacate prior to March 1, 1983, miscellaneous moving expenses in the amount of five hundred dollars ($500.00) plus the total cost of moving by a professional, moving company selected by the owner, including packing and unpacking and full cost of transportation for moves within a forty mile radius of the apartment project. For moves in excess of a forty mile radius, the tenant shall receive the foregoing moving expenses except that the tenant shall reimburse the owner for mileage costs attributable to the distance in excess of forty miles. Tenants shall schedule moving dates with the moving company at least thirty (30) days prior to vacation of the unit.

B. The owner shall pay to each household on or before the date the unit is vacated, the tenants of which vacate after March 1, 1983 the sum of $500.00 to cover moving expenses.

(Ord. No. 29-V, Enacted, 10/13/82)

A. The owner shall pay to each household on or before the date the unit is vacated, relocation benefits to compensate for anticipated increased future rent consisting of the greater of:

1. The sum of $1,000.00, or

2. A sum equal to the current monthly rental for the unit multiplied by the number of years or portion thereof of tenancy, except that the latter figure shall not be increased beyond February 28, 1983. Each tenant choosing this alternative must, at least fifteen (15) days prior to vacation of the unit, provide adequate supporting documentation to the owner showing the date tenancy commenced.

B. Should a tenant remain in the unit more than thirty (30) days after receipt of a Notice to Vacate, such relocation benefit shall be reduced by an amount equal to one month's rental for each subsequent month to tenancy.

(Ord. No. 29-V, Enacted, 10/13/82)

The owner shall assist tenants which elect to move prior to March 1, 1983, in finding a comparable replacement rental unit. Comparability shall be determined from the following factors: size, price, location, and amenities. For purposes of this chapter, a unit shall not be deemed "comparable" if such unit is located in a building for which an application for conversion purposes has been filed with any governmental agency. Such assistance shall include at a minimum the following:

A. Making available to such tenants a bimonthly report concerning the availability of comparable rental housing in the vicinity of the condominium project; and

B. Driving tenants without automobiles in order to inspect such comparable housing.

Tenants who elect to move after March 1, 1983, shall not be entitled nor have any claim to the additional assistance provided for in this Section 6.7.060.

(Ord. No. 29-V, Enacted, 10/13/82)

The provisions of this Chapter contained in Sections 6.7.030, 6.7.040, 6.7.050, and 6.7.060 are applicable only to those tenants whose tenancy has commenced prior to the effective date of this chapter and are not applicable to prospective tenants. All prospective tenants must be informed in writing by the owner prior to signing of a rental agreement or prior to occupancy, whichever occurs first, that the unit to be rented is a condominium and is not regulated by this chapter.

(Ord. No. 29-V, Enacted, 10/13/82)

The owner shall execute and record a covenant and agreement in a form satisfactory to the City obligating and binding the owner and its successors in interest to comply with the terms and conditions of this Chapter. The covenant and agreement shall be enforceable by the tenants and by the City.

(Ord. No. 29-V, Enacted 10/13/82)

The owner shall not perform or allow the performance of work in a rental unit associated with the conversion of such unit into a condominium apartment until such time as all of the tenants thereof have vacated the unit or one or more of the tenants has executed an agreement to purchase said unit. Nothing in this section shall prevent the owner from performing routine maintenance or other work required to maintain the unit in a habitable condition.

(Ord. No. 29-V, Enacted 10/13/82)

Tenants shall not obstruct or interfere with the marketing or sale of any vacant unit.

(Ord. No. 29-V, Enacted 10/13/82)

An application to convert within two years from the date the certificate of occupancy was issued for rental housing units constructed after the effective date of this Chapter shall not be approved unless the applicant files written evidence that all tenants were, prior to occupancy or signing a rental agreement, informed of the intent to file an application to convert.

(Ord. No. 29-V, Enacted 10/13/82)

Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than $500.00 or by imprisonment in the County Jail for a period of not more than six months, or by both. Each violation of any provision of this chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.

(Ord. No. 29-V, Enacted 10/13/82)