The City recognizes that rental multifamily housing units are
an important component of the housing that is available to residents
of the City, and that the conversion of rental multifamily housing
to other uses results in adverse impacts to tenants such as difficulty
in finding suitable, affordable, and accessible housing, resulting
in homelessness and a strain on City resources in addressing such
issues.
It is the purpose and intent of this chapter to allow the conversion
of rental multifamily housing units to other uses, while providing
tenants of such housing units adequate protections as a means to prevent
homelessness and other serious impacts to public health and welfare.
(Ord. 1986 § 2, 2019)
For the purposes of this chapter, the following words and phrases
shall have the meaning ascribed to them by this section:
means a room or suite of two or more rooms with a single
kitchen in a multifamily dwelling, occupied or suitable for occupancy
as a residence for one family, and which is offered for rent or lease
for periods of longer than 28 days.
means a person who has a physical or mental disability that
makes achievement of a major life activity difficult, as defined by
the California Fair Housing and Employment Act (FEHA) California Government
Code section 12926, as amended.
means an individual who is at least 62 years of age.
(Ord. 1986 § 2, 2019)
Each approved application for any permit, license or entitlement for the conversion of any rental multifamily housing unit or units to any use other than rental multifamily housing, shall be conditioned upon the provision of the tenant assistance components described in Section 5.85.040 of this chapter, subject to the conditions provided. Each tenant assistance component specified herein shall be provided to each tenant residing in the property subject to the conversion at the time the application is submitted and for each tenant who resided therein during the period one year immediately prior to the application.
(Ord. 1986 § 2, 2019)
The following are the required tenant assistance components
to be imposed as a condition of approval for any approved conversion:
A.
Relocation
assistance required. The applicant shall be required to pay each tenant
an amount equal to three month's rent paid by the tenant, plus one
additional month for each year over three years the tenant resided
in the unit.
B.
Applicability
period. During the pendency of the conversion application, the year
immediately prior to the date of the application, and the period of
time between the approval of an application for the conversion and
the date the tenant is required to vacate consistent with the provisions
of this chapter, no tenant shall be required to vacate the premises
unless the tenant is afforded the rights and benefits provided in
this chapter.
C.
Increase in rent. During the period identified in subsection B of this section, rent shall not be increased more than once every 12 months in an amount that does not exceed an amount equal to the cost of living for such 12 month period as determined by the City Manager or the City Manager's designee.
D.
Tenant
notification requirements. Each tenant shall receive at least 90 days'
notice for any rent increase or for any eviction or non-renewal of
lease without cause. Tenants who are senior citizens or persons with
a disability shall receive no less than 180 days' notice for any rent
increase or for any eviction or non-renewal of lease without cause.
The applicant shall also notify the City of each eviction, rent increase,
or non-renewal of lease within 10 days of such notice being provided
to any tenant.
E.
Duties
of applicant. At the time the application is submitted, and before
the application will be accepted as complete, the City shall be provided
the following:
1.
A list of the names of all tenants covered under the terms of subsection B above and their addresses and relevant contact information; and
2.
Documentation
acceptable to the City Manager that each tenant received a letter
that adequately describes and explains the rights provided under the
provisions of this chapter.
(Ord. 1986 § 2, 2019)
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter may be subject to penalties and other enforcement action as authorized by Chapter 1.01 of this Code.
(Ord. 1986 § 2, 2019)
