Any tenant who is displaced from any unit or structure which is leased, rented, or occupied for habitable dwelling purposes as a result of a notice issued by the Director under this chapter due to unsafe or hazardous living conditions, or Chapter 16.22 of this Code, or any other applicable provision, shall be entitled to receive relocation benefits from the owner as specified in this Article.
(SCC 1707 § 1, 2022)
A.
The
relocation benefits required hereunder shall be payable within 10
calendar days after the date the order to vacate is first mailed to
the owner or posted on the premises, or at least 20 calendar days
prior to the vacation date set forth in the order to vacate, whichever
occurs later.
B.
If
there are fewer than 10 calendar days between the first posting or
mailing of the order to vacate and the vacation date, the relocation
benefits shall be payable within 24 hours after the notice is posted
or mailed. The Director shall attempt to provide telephonic or written
notice to the owner to notify the owner benefits are payable immediately.
Failure to provide the notice as specified herein shall not relieve
the owner of any obligations imposed by this article.
C.
If
a tenant is entitled to relocation benefits under this article, the
Director shall provide either telephonic or written notice to the
tenant of their entitlement to the benefits. Written notice may be
satisfied by posting a written notice on the premises stating tenants
may be entitled to relocation benefits.
(SCC 1707 § 1, 2022)
The relocation benefits shall be made available by the owner
or designated agent to the tenant in each residential unit and shall
be a sum equal to two months of the established fair market rent for
the area as determined by the Department of Housing and Urban Development.
In addition, the relocation payment shall include an amount, as determined
by the Director, sufficient for utility service deposits. The relocation
benefits shall be paid in addition to the return, as required by law,
of any deposit held by the owner. The relocation benefits shall be
payable on a per residential unit basis.
(SCC 1707 § 1, 2022)
B.
Subsection (A) of this section shall not apply when relocation benefits are payable fewer than 10 days after the date the order to vacate is first mailed and posted on the premises, if the owner or designated agent makes the payment no later than 10 days after the order is first mailed and posted.
(SCC 1707 § 1, 2022)
A.
No
relocation benefits shall be payable by the owner to any tenant who
has caused or substantially contributed to the condition giving rise
to the order to vacate as determined by the Director, nor shall any
relocation benefits be payable to a tenant if any guest or invitee
of the tenant has caused or substantially contributed to the condition
giving rise to the order to vacate, as determined by the Director.
The Director shall make the determination whether a tenant, tenant's
guest, or invitee caused or substantially contributed to the condition,
giving rise to the order to vacate at the same time the order to vacate
the tenants is made.
B.
No
relocation benefits shall be payable by the owner if the Director
determines the unit or structure became unsafe or hazardous as a result
of a fire, flood, earthquake, or other event beyond the control of
the owner or the designated agent and the owner or designated agent
did not cause or contribute to the condition.
(SCC 1707 § 1, 2022)
A.
In the event the owner fails, neglects, or refuses to pay a displaced tenant relocation benefits pursuant to this article, except in the situations described in Section 16.20.520, the Director may, within budgetary limitations, advance relocation payments as the Director determines is necessary to assist the displaced tenant to relocate. The amount of benefits payable under this section are to be determined by the Director based on the facts and circumstances presented.
B.
Any
displaced tenant who needs relocation benefits because an owner fails
to pay benefits due hereunder, shall apply to the Director for benefits
no later than 15 calendar days after the vacation date. The Director
shall grant benefits only upon a determination that the tenant is
eligible for benefits from the owner and shall take into consideration
the amount needed by the tenant to secure alternative housing and
the amount of the tenant's income.
C.
Any displaced tenant who has vacated his premises based on the Director's order to immediately vacate the premises due to conditions rendering it immediately dangerous to the life, limb, property, or safety of the public or the tenants may request temporary housing and living expenses as provided in subsection (A) of this section. Temporary benefits may be paid to the tenant in the sole discretion of the Director and only in cases in which the facts and circumstances presented indicate a tenant is substantially likely to be entitled to receive other relocation benefits. The Director shall have sole discretion to determine the amount, type, and duration of the temporary benefits. The Director's decision is final and not appealable. Notwithstanding the finality of the Director's decision, any displaced tenant or his representative who has been denied temporary relocation benefits shall be entitled to meet with the Director to present facts demonstrating temporary relocation benefits should be paid.
D.
The Director may recover from the owner any amount paid to a tenant pursuant to this Article, with the exception of payments made pursuant to Section 16.20.520. The Director shall also be entitled to recover from the owner an additional amount equal to one-half the amount so paid, but not to exceed $10,000, as a penalty for failure to make timely payment to the displaced tenant and Director's actual costs (including direct and indirect costs) of administering the provision of benefits to the displaced tenant.
E.
Any itemized amounts paid by the Director, except pursuant to Section 16.20.520, and any applicable penalties and administrative costs may also be placed as a lien against the property by the Director by recording the lien in the County's recorder's office.
F.
If the Director elects to advance relocation payments to displaced tenants when the owner or designated agent fails, neglects, or refuses to pay relocation payments to displaced tenants, shall prior to instituting any action to collect from the owner or designated agent relocation benefits paid pursuant to this article, or to impose a lien therefor, send to the owner or designated agent by first-class mail, postage prepaid, at the owner's address as shown on the last equalized assessment roll, an itemized accounting of all benefits paid by the Director to the owner's tenants, and any penalties or costs the Director is seeking to recover as authorized herein. If the owner or designated agent contends not all of the benefits are chargeable to the owner or designated agent because the recipients were not displaced tenants, no benefits were payable pursuant to Section 16.20.520, or on other grounds, the owner or designated agent shall submit a written appeal pursuant to Section 16.20.305(C) to the Director within 20 days after receipt by the owner or designated agent of the itemized accounting. The Director, or the Director's designee, shall hold an administrative hearing for the purpose of determining whether the amount of benefits paid are chargeable to the owner or designated agent, and any penalties or costs the Director may recover pursuant to this article. The Director shall provide an administrative appeal process for any appeal of a decision of the Director or the Director's designee. The final decision of the local appellate body shall be subject to Section 1094.5 of the Code of Civil Procedure. If the owner fails to obtain a more favorable decision than set forth in the itemized accounting, the owner or designated agent shall be liable to the Director for the costs of the administrative hearing and appeal, not to exceed $5,000. The failure to receive the itemized accounting shall not relieve the owner of any obligation to the County.
H.
Nothing
contained in this article shall require the Director to pay any relocation
benefits to any tenant, or assume any obligation, requirement, or
duty of the owner pursuant to this Section.
(SCC 1707 § 1, 2022)
Notwithstanding Sections 16.20.505 and 16.20.525 of this article, if there are fewer than 10 calendar days between the first posting and mailing of the order to vacate and the vacation date, and if the Director advances relocation benefits to any tenants, prior to the expiration of the 10 day period, the owner shall not be required to reimburse the Director for a charge identified in the itemized accounting described in Section 16.20.525 if the owner contests the charge within 30 days after the itemized accounting is mailed to the owner or designated agent pursuant to Section 16.20.525. The owner or designated agent shall pay the charge which was the subject of the appeal pursuant to Section 16.20.525 within 30 days after an adverse decision by the Director on the appeal is mailed to the owner.
(SCC 1707 § 1, 2022)
The remedies hereunder are cumulative and in addition to any
other remedies available under law.
(SCC 1707 § 1, 2022)
Any order to vacate issued to an owner or tenant shall be accompanied
by a summary of the provisions of this article. Failure to provide
a summary shall not relieve any person of the obligations imposed
by this article.
(SCC 1707 § 1, 2022)
The provisions of this Article shall not apply to property owned
by the County, the Sacramento Housing Authority, the State, or any
other governmental agency.
(SCC 1707 § 1, 2022)
