Does a Santa Monica landlord have to pay relocation?

City rule: landlords pay a permanent relocation fee when serving notice to withdraw a unit or recover it on listed Charter grounds. City rule: tenants leaving within 120 days of an increase above the lesser of CPI plus 5% or 10% get the permanent relocation fee.

Relocation payments in Santa Monica: the local rules

Santa Monica code What Santa Monica's code adds
Amount	Daily amounts set by the City Council. Applies: Temporary moves expected under 30 days, for code compliance, an uninhabitable unit, or a government order to vacate. § 4.36.100 · code text If it is anticipated that a tenant will be displaced for a period less than thirty days, the landlord shall pay the tenant relocation costs in the per diem amounts set by the City Council pursuant to subsection (e). Temporary housing or daily payments, prepaid weekly; landlord-chosen housing must be comparable, fully landlord-paid, with daily payments until move-in. Applies: Temporary moves expected to last 30 days or more, for code compliance, an uninhabitable unit, or a government order to vacate. § 4.36.100 · code text If it is anticipated that the displacement will be for a period of thirty days or greater, the landlord shall provide either temporary rental housing or per diem payments in accordance with subsection (c)(1) of this Section, prepaid by the landlord in weekly increments. Covers a safe, sanitary Santa Monica hotel or motel, meals if no kitchen, laundry if included, lawful pets if barred. Applies: Temporary moves expected under 30 days, for code compliance, an uninhabitable unit, or a government order to vacate. § 4.36.100 · code text The per diem amount shall be calculated to include compensation for the following: (A) Temporary relocation to a motel or hotel accommodation which is safe, sanitary, located in Santa Monica and contains standard amenities such as a telephone; (B) Meals, if the temporary accommodation lacks cooking facilities;
When it is paid	Within 24 hours after relocation becomes necessary, or at least 20 days before the move-out date, whichever is later. Applies: Temporary relocation benefits for code compliance, an uninhabitable unit, or a government order to vacate. § 4.36.100 · code text The relocation benefits required by this Section shall be paid within twenty-four hours of when any condition outlined in subsection (a) of this Section arises, or at least twenty days prior to the vacation date set forth in any order or notice to vacate, whichever is later. When the landlord serves the notice ending the tenancy. Applies: Permanent relocation fee: landlord withdraws the unit from rental, files to recover possession under Charter § 1806(a)(8)-(9) or § 2304(a)(8)-(9), or seeks a demolition/removal permit. § 4.36.020 · code text A relocation fee required pursuant to subsections (a)(1) through (a)(3) shall be due and payable to a tenant upon service by a landlord upon a tenant of a notice to terminate tenancy Within 2 working days after the tenant says they are giving up the tenancy. Applies: Leaving within 120 days of an increase above lesser of CPI+5% or 10% (exempt units: permitted amount plus surcharges), or after 6+ months' temporary relocation. § 4.36.020 · code text or within two working days of notice by a tenant upon a landlord of relinquishment of tenancy as set forth in subsections (a)(4) through (a)(6) Within 2 working days after the order is served on the landlord. Applies: Permanent relocation fee when the Code Enforcement Manager or Building Officer orders permanent relocation. § 4.36.020 · code text or within two working days of service of the order on the landlord as set forth in subsections (a)(7) and (a)(8). Landlord sends escrow instructions within 2 working days of the tenant's written request; escrow pays within 3 working days after. Applies: When the tenant asks for payment to a mover or replacement-housing provider. § 4.36.070 · code text Within two working days of the written request by the tenant, the landlord shall deliver written instructions to the escrow holder to distribute all or a portion of the permanent relocation fee to a third party providing moving or replacement housing to the tenant. The instructions shall direct the escrow holder to make the distribution within three working days Landlord sends escrow instructions within 2 working days of move-out; escrow pays within 3 working days after. Applies: Remaining permanent relocation fee, paid from escrow, counted from the day the tenant moves out. § 4.36.070 · code text Within two working days of the vacation of the rental housing unit, the landlord shall deliver written instruction to the escrow holder to distribute the amount of the remaining relocation fee to the displaced tenant or displaced tenants
When relocation is owed	Landlord must temporarily take back the unit to meet state or city housing, health, building, fire or safety laws. Applies: Triggers temporary relocation benefits. § 4.36.100 · code text The landlord is required to temporarily recover possession of a rental housing unit in order to comply with housing, health, building, fire or safety laws of the State of California or the City of Santa Monica The unit becomes uninhabitable and tenants must leave. Applies: Triggers temporary relocation benefits. § 4.36.100 · code text A rental housing unit has been rendered uninhabitable, necessitating the tenant(s) of the housing unit to no longer dwell within that unit A government officer or agency orders the tenant to move out. Applies: Triggers temporary relocation benefits. § 4.36.100 · code text A tenant is required to vacate a rental housing unit upon the order of any government officer or agency. Landlord files notice to take the unit off the rental market. Applies: Triggers the permanent relocation fee. § 4.36.020 · code text The landlord has filed a notice of intent to withdraw the tenant's rental housing unit from the rental housing market pursuant to Government Code Section 7060 et seq. Landlord files notice to recover possession under City Charter § 1806(a)(8), § 1806(a)(9), § 2304(a)(8) or § 2304(a)(9). Applies: Triggers the permanent relocation fee. § 4.36.020 · code text The landlord has filed a notice of intent to recover possession of the tenant's rental housing unit pursuant to Section 1806(a)(8), 1806(a)(9), 2304(a)(8), or 2304(a)(9) of the City Charter. Landlord applies for a permit to demolish or otherwise remove the unit from the rental market. Applies: Triggers the permanent relocation fee; not for a single-family home, but illegally converted units are included. § 4.36.020 · code text The landlord has filed an application for removal permit pursuant to City Charter Section 1803(t) to demolish or otherwise withdraw the tenant's rental housing unit from the rental housing market. Tenant leaves within 120 days after a rent increase above the permitted amount plus authorized surcharges. Applies: Triggers the permanent relocation fee; only for units the landlord got exempted from rent control rules. § 4.36.020 · code text The tenant elects to relinquish their tenancy within one hundred twenty days after service of a notice of rent increase that exceeds the sum of any increase that would have been permitted pursuant to City Charter Section 1805 and any surcharges authorized by the Rent Control Board Tenant leaves within 120 days after a rent increase above the lesser of CPI plus 5% or 10%. Applies: Triggers permanent relocation fee; measured from highest legal monthly rent, not temporary or discounted rent, whether all at once or over 12 months. § 4.36.020 · code text The tenant elects to relinquish their tenancy within one hundred twenty days after service of a notice of rent increase that exceeds the lesser of (1) the Consumer Price Index - All Urban Consumers, plus five percent; or (2) ten percent. Tenant gives up the unit after at least 6 months of temporary relocation, before moving back. Applies: Triggers the permanent relocation fee. § 4.36.020 · code text The tenant elects to relinquish their tenancy following a period of temporary tenant relocation under Section 4.36.100 that has lasted for at least six months, but before the tenant has returned to her or his rental unit. Code Enforcement Manager orders permanent relocation because the tenant was compelled to vacate by the landlord's violation of § 4.56.020, § 4.27.010, or Civil Code § 789.3 Applies: Permanent relocation fee § 4.36.020 · code text The Code Enforcement Manager issues an order for permanent relocation based on a determination that the tenant was compelled to vacate as a result of the landlord's violation of Section 4.56.020, Section 4.27.010, or California Civil Code Section 789.3. Building Officer orders permanent relocation because the unit is not habitable and cannot be made habitable. Applies: Triggers the permanent relocation fee. § 4.36.020 · code text The Building Officer issues an order for permanent relocation based on a determination that the rental housing unit is not habitable and cannot be made habitable Building Officer orders permanent relocation when the tenant leaves an unpermitted unit that can't or won't be permitted as housing. Applies: Triggers the permanent relocation fee. § 4.36.020 · code text or based on the tenant's election to relinquish a tenancy in a rental housing unit that is not permitted for residential use and cannot or will not be permitted for residential use.

Relocation payments in Santa Monica

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