The Council of the City of Stockton finds and determines that:
A.
Some
residential rental units in Stockton have severe code violations which
threaten the life, health, and safety of tenants and require the units
or rooms to be vacated to allow for extensive repairs. Such code violations
are often caused by deferred maintenance, which may constitute a breach
of the landlord's implied warranty of habitability. Tenants of substandard
residential units or structures suffer financial hardship when required
to vacate their housing, because the owner fails to correct the substandard
conditions.
B.
It is
appropriate to require the owner to partially mitigate the tenants'
hardship, since the hardship arises from the owner's failure to comply
with the law and fulfill a landlord's obligations to the tenants.
Financial hardship arises, because the tenant generally needs a large
sum of money to relocate, often including temporary housing, first
and last month's rent, deposits, moving expenses, storage expenses,
and utility deposits for a new residence. Low-income tenants are generally
unable to obtain such sums and, as a result, are at great risk of
becoming homeless.
(Prior code § 1-092)
Any tenant who is displaced from any residential unit as a result
of a notice and order to vacate and pay relocation benefits due to
unsafe or hazardous living conditions, issued by an authorized City
official, shall be entitled to receive relocation benefits from the
owner as specified in this chapter.
(Prior code § 1-093)
The relocation benefits shall be an amount equal to twice the
established monthly rental rate paid by the tenant for the unit being
vacated or the monthly amount paid by the tenant for the new unit
where the tenant moves, whichever is less. The relocation benefits
shall include an administrative fee per unit set by the City Council
to cover the City's cost of administering these benefits. If the tenant
is currently receiving general relief assistance from the County,
the City may reimburse the County for its administrative expenses
in the amount of $300.00 per unit. This amount shall be added to the
amount owed by the owner.
(Prior code § 1-094)
If the notice and order to vacate and pay relocation benefits requires the tenant to move out in 72 hours or less time, the tenant shall be entitled to the reasonable and actual cost for temporary housing (up to two weeks), moving expenses and the cost to store personal property (up to two weeks), while the tenant finds another place to live, in addition to the relocation benefits specified in Section 1.52.030.
(Prior code § 1-095)
A.
Any
displaced tenant who needs relocation benefits may apply to the City
Revitalization Department for benefits not later than 60 days after
the date to vacate specified in the notice. In order for the tenant
to be eligible for relocation benefits from the City, the tenant must
have rented a new habitable unit within 60 days after the date to
vacate. The City may recover from the owner the amount the City pays
in relocation benefits, emergency relocation benefits, and any amounts
paid to the County plus the City's administrative fee.
B.
The
City shall notify the owner by mail of the amount of relocation benefits
due. Any amounts due and unpaid from the owner 10 days after the notice
is mailed shall constitute a personal obligation of the owner, and
a lien may be recorded against the property. The remedies herein are
cumulative and in addition to any other remedies available under law.
C.
Nothing
contained in this chapter shall require the City to pay any relocation
benefits to any tenant.
(Prior code § 1-096)
An owner may appeal the determination that relocation benefits are owed within 10 days after the date the notice and order to vacate and pay relocation benefits is first mailed to the owner or posted on the premises following the same procedures set forth in Sections 1.44.070 through 1.44.130.
(Prior code § 1-097)
A.
No relocation
benefits shall be payable by the owner or City to any tenant who has
caused or substantially contributed to the condition giving rise to
the order to vacate as determined by the Revitalization Director.
B.
No relocation
benefits shall be payable by the owner or City if the unit or structure
became unsafe or hazardous as a result of an earthquake, flood, fire,
or other natural disaster not proximately caused by building, plumbing,
electrical, mechanical, or fire code violations.
C.
No relocation
benefits shall be payable by the owner or City to any tenant who refuses
to move into a habitable unit that the City determines is available
for that tenant within the 60 days following the date to vacate.
(Prior code § 1-097; Ord. 012-07 § 1)
Any notice and order to vacate and pay relocation benefits issued
to an owner or tenant shall be accompanied by information of the relocation
benefits contained herein. Failure to provide such information shall
not relieve any person of the obligations imposed by this chapter.
(Prior code § 1-099)
The provisions of this chapter shall not apply to property owned
by the City, the Stockton Redevelopment Agency, the San Joaquin Housing
Authority, the County, the State, or any other governmental agency.
(Prior code § 1-100)
