Chapter 4.36 TENANT RELOCATION ASSISTANCE

A landlord shall pay a relocation fee to a tenant whose tenancy is terminated or caused to be terminated in any of the following circumstances.

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.

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.

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. For purposes of this subsection, a tenant's rental housing unit does not include a single-family home as defined in City Charter Section 2302 but does include any unit that was illegally converted to residential use.

(4)

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 following the granting to the landlord of an exemption from provisions governing controlled rental units as provided for by Charter Section 1801(c)(4).

(5)

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. For purposes of this subsection, the proposed rental increase, whether imposed as a single increase or payable periodically over a twelve-month period, shall be calculated based on the highest legal monthly rate of rent established as of the date of the notice of rent increase, not any temporary, promotional, or discounted rent.

(6)

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.

(7)

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.

(8)

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 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.

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 for one of the reasons set forth in subsections (a)(1) through (a)(3) 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) or within two working days of service of the order on the landlord as set forth in subsections (a)(7) and (a)(8).

§ 4.36.030 Notice to tenants being displaced.

A relocation fee required by subsections (a)(1) through (a)(3) shall be due and payable to a tenant whether or not the landlord actually utilizes the rental housing unit for the purposes described in that subsection.

(Prior code § 4851; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 1946CCS § 2, adopted 6/29/99; Ord. No. 2383CCS § 1, adopted 12/13/11; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18; Ord. No. 2615CCS § 1, adopted 9/24/19; Ord. No. 2776CCS, 2/13/24)

Any notice to terminate a tenancy which is served upon tenants for any of the reasons set forth in Section 4.36.020 or shall be accompanied by the following on the form provided by the City:

A written statement of the rights and obligations of tenants and landlords under this Chapter;

A written statement informing the tenants that the required relocation fee has been placed in an escrow account or other account approved by the City;

A written statement that the landlord has complied with Section 4.36.050. If the landlord has complied with Section 4.36.050 by obtaining City approval of a Displacement Plan, a copy of the Displacement Plan shall accompany the written statement.

Any notice of rent increase as described in Section 4.36.020(a)(4) or (a)(5) shall be accompanied by a written statement of the rights and obligations of tenants and landlords under this chapter on the form provided by the City.

§ 4.36.040 Amount of relocation fee—Permanent relocation.

A landlord shall provide the statements required under subsection (a) within two working days of notice by a tenant upon a landlord of relinquishment of a tenancy as set forth in Section 4.36.020(a)(4) through (a)(6).

(Prior code § 4852; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 1765CCS § 1, adopted 8/9/94; Ord. No. 2130CCS § 1, adopted 6/13/04; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18; Ord. No. 2776CCS, 2/13/24)

The amount of the permanent relocation fee payable pursuant to the provisions of this Chapter shall be established by City Council resolution.

If a tenant is evicted from more than one rental housing unit on a property, the tenant shall not be entitled to receive separate permanent relocation fees for each rental housing unit. The tenant shall receive a single relocation fee based on the combined total number of bedrooms in the rental housing units from which the tenant is being evicted. If one of the rental housing units is a bachelor or single unit, it shall be counted as a one-bedroom unit for purposes of determining the amount of the relocation fee (e.g., a tenant who is evicted from a bachelor rental housing unit and a one-bedroom rental housing unit would receive relocation benefits for a two-bedroom unit).

§ 4.36.050 Additional fee for required counseling.

Any tenant still in possession of a rental unit after the permanent relocation amounts have been updated pursuant to this Section, shall be entitled to the updated relocation amounts even if the landlord commenced the termination of the tenancy prior to the update. In the event that a landlord has already complied with the provisions of Section 4.36.060 based on the relocation amounts previously in effect, but has not yet received a written request from a tenant for distribution of the fee pursuant to Section 4.36.070, the landlord shall place in escrow the additional amount of relocation fee required by this Section within five working days of the effective date of the updated amount.

(Prior code § 4853; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 1518CCS, adopted 3/27/90; Ord. No. 1961 CCS § 2, adopted 11/16/99; Ord. No. 2234CCS § 1, adopted 6/12/07; Ord. No. 2240CCS § 1, adopted 10/28/07; Ord. No. 2383CCS § 2, adopted 12/13/11; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18; Ord. No. 2601CCS § 1, adopted 1/22/19; Ord. No. 2776CCS, 2/13/24)

For each rental housing unit from which tenants are displaced for any of the reasons set forth in Section 4.36.020(a), as soon as the relocation fee becomes due and payable pursuant to Section 4.36.020(b), the landlord shall pay a fee to the City in the amount of two hundred fifty dollars to be used by the City to pay for counseling or other assistance required by displaced tenants as a result of displacement.

§ 4.36.060 Deposit of relocation fee into escrow for permanent relocation.

In lieu of the fee required by subsection (a) of this Section, a landlord may prepare a Displacement Plan which must be approved by the Housing and Human Services Department prior to service of a notice to terminate tenancy. The Displacement Plan shall identify the special needs of the displaced tenants, identify the types of assistance that will be provided and include a commitment to pay for any such assistance. At the time of submitting the Displacement Plan to the City for review and approval, the landlord shall pay a fee to the City for such review and approval in the amount of one hundred dollars for each rental housing unit.

(Prior code § 4854; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18; Ord. No. 2776CCS, 2/13/24)

The permanent relocation fee required by this Chapter shall be placed in an escrow account prior to service by a landlord upon any tenant of a notice to terminate tenancy for one of the reasons set forth in Section 4.36.020(a)(1) through (a)(3) or within two working days of notice by a tenant upon a landlord of relinquishment of tenancy as set forth in Section 4.36.020(a)(4) through (a)(6) or within two working days of service of the order on the landlord as set forth in Section 4.36.020(a)(7) and (a)(8). All costs of an escrow opened pursuant to the provisions of this Section shall be borne by the landlord. Escrow instructions shall be approved by the City.

The escrow instructions shall provide that monies deposited in the escrow account shall only be distributed to displaced tenant in accordance with the instructions of the landlord and that no monies deposited in escrow may be returned to the landlord without the written approval of the City.

§ 4.36.070 Payment to displaced tenants of permanent relocation fee.

In lieu of deposit of the permanent relocation fee in an escrow account, a landlord may deposit the fee in another account approved by the City.

(Prior code § 4855; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18; Ord. No. 2776CCS, 2/13/24)

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 of delivery of the instructions.

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 of such rental housing unit. The instruction shall direct the escrow holder to make the distribution within three working days of delivery of the instructions.

The entire fee shall be paid to a tenant who is the only displaced tenant in a rental housing unit. If a rental housing unit is occupied by two or more displaced tenants, the permanent relocation fee shall be paid to all displaced tenants jointly. In no event shall a landlord be liable to pay a total amount more than the fee required by Section 4.36.040 of this Chapter for one rental housing unit, and the landlord shall have no responsibility or liability for disputes between displaced tenants over allocation of the relocation fee between such displaced tenants.

§ 4.36.080 Physical relocation in lieu of fee.

In the event the landlord has been required to commence a legal action to recover possession of the rental housing unit and a decision is rendered or a judgment has been entered in favor of the landlord prior to the tenant's vacation of the unit, the landlord may instruct the escrow holder to withhold from distribution to the displaced tenant or displaced tenants of such rental housing units any unsatisfied monetary award provided in such decision or judgment in favor of the landlord. Upon the judgment becoming final, the City shall authorize the escrow holder to return to the landlord the amount withheld. If no decision has been rendered or no judgment has been entered for a monetary award in favor of the landlord prior to the tenant's vacation of the unit, the landlord must authorize the distribution of the entire relocation fee in accordance with Section 4.36.070.

(Prior code § 4856; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 1518CCS, adopted 3/27/90; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18)

In lieu of the permanent relocation fee required by Sections 4.36.040 and 4.36.050, the landlord may, at the landlord's option, relocate the displaced tenant into a comparable replacement housing unit satisfactory to the tenant, in which event the landlord shall be liable only for the actual costs of relocating the tenant, except that this Section shall not abrogate any rights already created by Section 1806(a)(8)(ii) of the City Charter. A tenant shall not unreasonably withhold approval of a comparable replacement rental housing unit offered by the landlord.

§ 4.36.085 Prohibition against agreements limiting public participation.

If a tenant displaced for the reason set forth in Section 4.36.020(a)(2) elects to occupy a noncomparable vacant unit on the same property from which that tenant is being displaced, pursuant to the terms set forth in Section 1806(a)(8) of the City Charter, in lieu of the permanent relocation fee required by Sections 4.36.040 and 4.36.050, the landlord shall only be liable for the actual costs of relocating the tenant.

(Prior code § 4857; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18)

No landlord shall, with respect to property used as rental housing, any rental housing agreement or other tenancy or estate at will, however created, do any of the following:

Enter into an agreement with a tenant which prohibits or limits the tenant from participating in the City's public process, including speaking at a meeting of the City Council or any City Commission, submitting written comments to the City, or otherwise communicating with City elected officials, appointed officials, and employees on any subject.

Attempt to enforce an agreement such as described in subsection (a).

Withhold deposit of relocation fees into escrow or withhold payment of such fees or other payments otherwise owed to the tenant in an attempt to induce a tenant to enter into an agreement such as described in subsection (a).

(Added by Ord. No. 2452CCS § 1, adopted 1/14/14; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18)

§ 4.36.090 Remedies.

In any action by a landlord to recover possession of a rental housing unit for one of the reasons set forth in Section 4.36.020, the landlord shall allege and prove compliance with this Chapter.

Any landlord who fails to provide relocation assistance as required by Sections 4.36.040, 4.36.050, 4.36.070 and 4.36.100 or who violates Section 4.36.085 of this Chapter shall be subject to injunctive relief and be liable in a civil action to the tenant to whom such assistance is due for damages in the amount of the relocation fee the landlord has failed to pay, a civil penalty in the amount of five hundred dollars and reasonable attorneys' fees and costs as determined by the court. The court may also award punitive damages in a proper case as defined by Civil Code Section 3294. Any person, including the City, may enforce the provisions of this Chapter by means of a civil action.

Any person violating any of the provisions of or failing to comply with the requirements of this Chapter, including failure to comply with a relocation order issued by the Building Officer pursuant to Section 4.36.100, shall be guilty of an infraction which shall be punishable by a fine not exceeding two hundred fifty dollars, or a misdemeanor and upon conviction shall be punished by a fine of not greater than five hundred dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment.

§ 4.36.100 Temporary relocation mandated by code compliance or by government order.

Failure to comply with a relocation order shall be considered a strict liability offense; accordingly, the prosecution shall not be required to prove criminal intent or that the violator meant to violate any provision of this Chapter.

(e)

Any person convicted of violating any provision of this Chapter shall be required to reimburse the City its full investigative costs.

(f)

If a landlord fails or refuses to provide relocation benefits required by this Chapter, and the City chooses to pay such benefits to tenants in the landlord's place, the City shall have the right to recover such monetary outlays, plus any administrative fees incurred by the City, from the landlord as restitution in any criminal case filed pursuant to this Chapter or in any appropriate civil or administrative proceeding.

(g)

Unless otherwise specifically authorized, no landlord shall attempt to secure from a tenant any waiver of any provision of this Chapter. Any agreement, whether written or oral, whereby any provision of this Chapter is waived, shall be deemed against public policy and shall be void.

(h)

Any contractual term which violates Section 4.36.085 of this Chapter, whether written or oral, shall be deemed against public policy and shall be void.

(i)

Nonexclusive Remedies and Penalties. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

(Prior code § 4858; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 1939CCS § 1, adopted 4/13/99; Ord. No. 2234CCS § 2, adopted 6/12/07; Ord. No. 2452CCS § 2, adopted 1/14/14; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18)

A landlord is required to provide temporary relocation benefits to tenants as required by this Section when:

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; or

A rental housing unit has been rendered uninhabitable, necessitating the tenant(s) of the housing unit to no longer dwell within that unit; or

A tenant is required to vacate a rental housing unit upon the order of any government officer or agency.

A landlord's obligations under this subsection shall be self-executing; nonetheless, the Building Officer may issue a relocation order to the landlord to compel performance under this Section. No person shall fail to comply with any such relocation order.

These relocation benefits shall include both temporary housing as provided in subsection (c) of this Section and moving costs as provided in subsection (d) of this Section and shall be paid until such time temporary relocation benefits are no longer required by law, such as when legal tenancy is terminated or the tenant is returned to his/her dwelling unit which has been made habitable. Provision of temporary relocation benefits does not relieve the Landlord's obligation to provide permanent relocation benefits as required by this Chapter.

The type of temporary housing, required by this Section is dependent on the duration of the tenant's displacement. When the Building Officer or landlord determines the need for a tenant to vacate, he or she shall estimate the projected duration of the vacancy. That estimate will determine whether subsection (c)(1) or (c)(2) of this Section must be followed. If the Building Officer orders relocation, he or she shall provide notice to the landlord and all affected tenants of the relocation requirements and responsibilities pursuant to this Section. This notice may include a copy of this Section and the City Council's resolution regarding per diem rates. The landlord shall facilitate the Building Officer's provision of tenant notification by providing forwarding contact information for affected tenants if the tenants vacated the premises prior to the Building Officer's order. If the landlord determines that the provisions of this code require a tenant to vacate, the landlord shall provide notice of the estimated relocation period to affected tenants and relocation benefit requirements and responsibilities established by this Section.

Relocation Less Than Thirty Days. 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). 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;

(C)

Laundry, if the rental property included laundry facilities; and

(D)

Accommodations for lawful pets if the temporary accommodation does not accept pets.

The landlord shall have the option, in lieu of providing tenant relocation costs in accordance with this subsection, of providing the tenant with comparable housing pursuant to subsection (c)(2) for the period of the displacement or temporary placement in a safe and sanitary hotel/motel located in Santa Monica or within reasonable proximity to Santa Monica as set forth by administrative regulations, if the relocation is estimated to be five days or less. If the relocation extends beyond five days, the tenant shall be entitled to the per diem or comparable housing, unless the tenant explicitly agrees to extend his/her stay in the hotel/motel. The tenant shall remain responsible to pay to the landlord rent which falls due for the tenant's existing unit during the period of displacement.

Relocation Thirty Days or Greater. 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. If the landlord elects temporary rental housing, such housing shall be comparable to the tenant's existing housing, as determined by the Director. However, a landlord's election of temporary rental housing shall not be revocable by the landlord, once the tenant moves into the temporary housing. In cases where the landlord elects temporary rental housing, the landlord must provide per diem payments in accordance with subsection (c)(1) of this Section until such time the displaced tenant is housed in temporary rental housing. The landlord shall pay all costs associated with the temporary housing, including rent, even if the temporary housing is more expensive than the tenant's existing unit. The tenant shall remain responsible to pay rent to the landlord for the tenant's existing unit during the period of displacement.

Inadequate Kitchen Facilities. The Building Officer may only order a meal per diem when an otherwise habitable rental housing unit has inadequate kitchen facilities.

(4)

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.

(5)

If the landlord or the Building Officer determines that the actual relocation period will be longer than a landlord has paid for, or than projected by the landlord or the Building Officer, the landlord must notify the affected tenant as soon as the determination is made and promptly pay the tenant the amount owed and remain current on such payments. If a tenant's actual vacancy period is shorter than the period the landlord has paid for, the tenant must repay any overpaid amount to the landlord within thirty days of receiving written notice from the landlord of the overpayment. The landlord must make a good faith effort to monitor the necessity of the tenant's continued displacement and provide the tenant with advance notice of any changes to the anticipated relocation period.

(6)

The landlord shall ensure that temporary relocation of a tenant does not exceed the estimated relocation period as determined by the Building Officer pursuant to this Section. Should a longer period be necessary, the landlord shall request an extension from the Building Officer and demonstrate good cause for such an extension.

(7)

The landlord and the tenant may mutually agree upon a housing type or relocation benefit other than what is required by this Section. The landlord is required to inform the tenant, in writing, of the statutorily required temporary relocation benefits prior to entering into such an agreement. The landlord may not coerce any tenant into such an agreement. Any such coercion may constitute unlawful tenant harassment, subject to the remedies set forth in Chapter 4.56 of this Code.

Moving costs shall consist of all actual reasonable costs of moving, including transportation of personal property, packing and unpacking, insurance of personal property while in transit, compensation for any damage occurring during moving, necessary storage of personal property, disconnection and reconnection of utility services related to the move and any other additional costs attributable to a tenant's special needs, including needs resulting from disability or age.

(e)

The City Council shall periodically establish by resolution reasonable per diem rates for the following items of temporary relocation expenses required under this Section. These rates shall be adjusted annually for inflation by the percentage change in the Consumer Price Index ("CPI") commencing on July 1, 2007 and on July 1st of each year thereafter.

§ 4.36.110 Applicability of relocation assistance requirements as provided in this Chapter.

Hotel accommodations;

Meal allowance;

Laundry allowance;

Pet accommodations.

The displacement and relocation of a tenant pursuant to this Section or Section 8.100.030 shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy his or her unit upon the completion of the work necessary for the unit to comply with housing, health, building or safety laws, any governmental order, or the unit is otherwise restored to a habitable condition, the tenant shall retain all rights of tenancy that existed prior to the displacement.

(g)

Upon receiving a relocation order from the City or when any condition outlined in subsection (a) of this Section exists, the landlord is required to promptly obtain any required permits and/or approvals from the City and/or other regulatory agency who has jurisdiction over the required work, promptly commence the necessary work to restore the affected unit(s) to a habitable condition, diligently work towards completion of the work and return all affected tenants to their units.

(h)

If a displaced tenant's behavior causes the tenant to be removed or evicted, for cause, from his or her temporary housing accommodations, the landlord may request and the Director may grant early termination of temporary relocation obligations with respect to that tenant. The Director may develop criteria that would aid in reviewing such requests.

(i)

A landlord or tenant who disputes a notice or order regarding temporary relocation benefits may request a hearing pursuant to the procedures set forth in Chapter 6.16. Any such hearing request shall be filed with the Building Officer within five business days of the notice or order on a form provided by the Building Officer.

(j)

An appeal shall not automatically stay the underlying relocation order. However, the Building Officer or the Hearing Examiner on appeal may grant a written request to stay the relocation order. Any such request to stay the relocation order shall be considered as soon as practicable. The Hearing Examiner may choose to make any preliminary inquiries necessary, including holding a preliminary in-person or telephonic hearing, to receive preliminary facts. However, if the Building Officer rejects a landlord's written request to stay a relocation order pending an appeal and the landlord ultimately prevails in overturning the Building Officer's relocation order, the City shall reimburse the landlord any actual reasonable housing, moving and storage costs incurred by the landlord as required by Section 4.36.100, which shall begin to accrue on the first business day after the date the City receives a written stay request. The landlord may not recover other costs, such as attorney's fees or court costs, from the City.

(Prior code § 4859; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 1939CCS § 2, adopted Ord. No. 1946CCS § 3, adopted 6/29/99; Ord. No. 2234CCS, adopted 6/12/07; Ord. No. 2380CCS § 1, adopted 11/22/11; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18)

A tenant shall be entitled to the relocation benefits established by this Chapter pursuant to Section 4.36.100.

The landlord shall comply with the requirements contained in Sections 4.36.030, 4.36.040, 4.36.050 and 4.36.060 within five days of the effective date of any ordinance codified in this Chapter or any update of the fee amount pursuant to Section 4.36.040 in the event that a notice to terminate tenancy for one of the reasons set forth in Section 4.36.020(a) has already been served on a tenant or a notice to terminate tenancy pursuant to Section 4.36.020(b) has already been served on a landlord. In the event that on the effective date of any such amendment or update, a landlord has complied with the provisions of Section 4.36.060 previously in effect, but has not yet received a written request from a tenant for distribution of the fee pursuant to Section 4.36.070, the landlord shall place in escrow the additional amount of relocation fee required by Section 4.36.040 within five working days of the effective date of the amendment or update.

Nothing in this Chapter shall limit the amount of the relocation fee that the City Council may require under Government Code Section 65863.7.

§ 4.36.120 Applicability of Chapter to certain situations.

An administrative citation's fine amount shall be doubled, when the citation is issued in connection with a landlord's commencement of construction work without first obtaining all necessary governmental permits and that the work necessitated the relocation of a tenant.

(Prior code § 4860; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 2240CCS § 2, adopted 10/23/07; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18)

Notwithstanding Section 4.36.110 and 4.36.100(c), the requirements set forth in this Chapter shall not apply to any tenant whose tenancy is terminated pursuant to a lawful notice to terminate tenancy pursuant to Section 1806(a) of the City Charter served on or before June 10, 1986.

No landlord shall be required to pay temporary relocation benefits pursuant to Section 4.36.100 if the displacement and relocation of the tenant is the result of an earthquake or other natural disaster, terrorist attack, or other incident occurring or substantially initiated off of the property from which relocation is required, but not caused by the landlord, as determined by the Fire Marshal or Building Officer (such as vehicle accident, criminal activity, public utility failure or adjacent building failure). However, to the extent that any person, other than the landlord, causes tenant relocation pursuant to Section 4.36.100, such person shall be responsible for the provision of temporary relocation benefits, as required by Section 4.36.100.

The displacement and relocation of a tenant for repair and retrofitting pursuant to Municipal Code Chapters 8.60, 8.64, 8.68, 8.72, 8.76, and 8.80 shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy the unit upon the completion of the repairs and retrofitting and shall retain all rights of tenancy that existed before the displacement.

§ 4.36.130 Coordination with other relocation requirements.

No landlord shall be required to provide temporary relocation benefits pursuant to Section 4.36.100 to a tenant if that tenant or his or her guest or invitee was entirely or primarily responsible for causing the condition that necessitated the temporary relocation. In such cases, the landlord's responsibility to provide temporary relocation benefits to other non-responsible tenants remains.

(e)

If a tenant elects to remain in his/her unit (including day, evening, and/or night time hours) following an order directing temporary relocation, said tenant shall not receive relocation benefits. However, the tenant's right to relocation benefits shall not be affected by the tenant's limited access to the unit to retrieve personal belongings.

(f)

If a tenant interferes, obstructs or delays an owner's ability to conduct necessary repairs to restore a unit to habitable status, the owner's obligation to provide relocation benefits to that tenant may be lifted by order of the Building Officer or Director.

(Prior code § 4861; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 1765CCS § 2, adopted 8/9/94; Ord. No. 1837CCS § 1, adopted 1/23/96; Ord. No. 1874CCS, adopted 2/25/97; Ord. No. 1962CCS § 3, adopted 11/16/99; Ord. No. 2130CCS § 2, adopted 6/13/04; Ord. No. 2234 § 4, adopted 6/12/07; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18)

In the event that a landlord is required by any other governmental body to provide relocation benefits to a tenant who receives a notice to terminate tenancy for one of the reasons set forth in Section 4.36.020, such benefits shall be off-set against the amount of relocation benefits required by Section 4.36.040. This Chapter shall not apply to any relocation plan approved by agreement by the Rent Control Board on or before June 24, 1986.

(Prior code § 4862; amended by Ord. No. 1515CCS, adopted 2/27/90; Ord. No. 2512CCS § 1, adopted 4/26/16; Ord. No. 2537CCS § 8, adopted 3/28/17; Ord. No. 2585CCS § 1, adopted 8/28/18)

§ 4.36.140 Security deposit for temporary relocation.

The Director may require the landlord to furnish security to the City sufficient to ensure the timely and faithful performance of all work included within the scope of a permit and the payment of all relocation assistance necessitated by the temporary displacement of the tenants, if any, based on an analysis of the following factors: size of project, duration of project, potential for impact on tenant safety, and invasiveness of project. If required, any of the following or similar instruments are acceptable forms of security:

A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public monies;

An instrument of credit from one or more financial institution subject to regulation by the State or Federal government or a letter of credit issued by such a financial institution;

Bond or bonds by one or more duly authorized corporate sureties;