(Legislative History: Ordinance No. 2017-016, 9/18/17)
The landlord shall provide relocation assistance, in a total amount not to exceed Seven thousand dollars, where required by Section 4-37-300, to an eligible tenant in the following amounts:
(a) 
Three times the most current Fair Market Rents as published annually by the U.S. Department of Housing and Urban Development ("HUD") for the Oakland-Fremont, California HUD Metro FMR Area in the Federal Register, or three times the monthly rent that the tenant(s) is paying at the time the notice of the landlord-caused termination is delivered, whichever amount is greater.
(b) 
One thousand dollars for special-circumstances households. A tenant is only entitled to claim a specialcircumstances household payment of One thousand dollars per residential property.
The landlord shall pay relocation assistance as follows:
(a) 
The entire relocation assistance amount shall be paid to the tenant or tenants who executed the rental agreement. If the residential property is occupied by two or more individuals, then relocation assistance shall be paid to the individual entitled to occupy the residential property under the rental agreement; provided, however, if the tenant receives, as part of the termination of tenancy, relocation assistance from a governmental agency, then the amount of that relocation assistance shall operate as a credit against any relocation assistance to be paid to the tenant. Landlord may deduct from the relocation assistance payable any and all past due rent owed by tenant during the 12 months prior to termination of tenancy and may deduct from the relocation assistance any amounts paid by the landlord for any damage, cleaning, key replacement, or other purposes served by a security deposit as defined by the rental agreement, to the extent the security deposit is insufficient to provide the amounts due for such costs. To the extent landlord is required to comply with an enforcement order of the City that requires the payment of relocation benefits pursuant to California Health and Safety Code Section 17975 et seq., then the amount of that relocation benefit shall operate as a credit against any relocation assistance paid or to be paid to a tenant under this Chapter.
(b) 
After taking into account any adjustments in the amount of the relocation assistance under Section 4-37-310(a), the landlord shall pay one-half of the relocation assistance no later than five business days following service of the notice to a tenant of landlord-caused termination and one-half of the relocation assistance no later than five days after the tenant has vacated the residential property. For landlord-caused terminations where a landlord provides a proposed rent increase that raises the rent, or proposed multiple rent increases that cumulatively raise the rent, to an amount more than 12% greater than the base rent at any time during a 12 month period and the tenant elects to not remain in the residential property, the landlord shall pay one-half of the relocation assistance no later than five business days following receipt of written notice that the tenant intends to vacate the residential property and one-half of the relocation assistance no later than five days after the tenant has vacated the residential property. If the tenant ultimately fails to vacate the residential property following a landlord-caused termination where a landlord provides a proposed rent increase that raises the rent, or proposed multiple rent increases that cumulatively raise the rent, to an amount more than 12% greater than the base rent at any time during a 12 month period, the tenant shall reimburse relocation assistance to the landlord.
(c) 
Nothing provided herein prohibits a landlord and a tenant from agreeing to relocation assistance different than as provided in this section. A landlord shall not attempt to influence a tenant to agree to relocation assistance different than as provided in this section in bad faith by means of fraud, intimidation, or coercion (including, but not limited to, threats based on immigration status).
The landlord shall provide a written notice of termination to all tenants subject to termination of tenancy from a residential property required by State law at least 90 days prior to the date a tenant must vacate the residential property for landlord-caused terminations. Written notice of tenant's entitlement to relocation assistance shall be provided by the landlord at the same time that the landlord provides notice of termination of tenancy from a residential property. For landlord-caused terminations where a landlord provides a proposed rent increase that raises the rent, or proposed multiple rent increases that cumulatively raise the rent, to an amount more than 12% greater than the base rent at any time during a 12 month period and the tenant elects to not remain in the residential property, the landlord shall provide a written notice of tenant's entitlement to relocation assistance at the same time that the landlord provides notice of a rent increase. Such notice of entitlement to relocation assistance shall be posted on the door to the residential property and sent certified mail or first class mail, or personally served upon tenant, and shall be provided in the three predominant languages spoken in the City. The City Manager or designee shall determine the predominant languages spoken in the City.
The notice of entitlement to relocation assistance shall state:
NOTICE: Under Title 4, Chapter 37 of the San Leandro Municipal Code, a landlord must provide tenants that have occupied residential property under a valid lease or rental agreement with a landlord with 90 days' notice prior to termination of tenancy. At the same time the landlord provides a qualifying tenant with notice of termination of tenancy, the landlord must provide this notice of the tenant's entitlement to relocation assistance. Qualifying tenants are entitled to the following forms of relocation assistance: (a) a relocation fee which shall be the cash equivalent of three times the most current Fair Market Rents as published annually by the U.S. Department of Housing and Urban Development ("HUD") for the OaklandFremont, California HUD Metro FMR Area in the Federal Register, or three times the monthly rent that the tenant(s) is paying at the time the notice of the landlord-caused termination is delivered, whichever amount is greater; and (b) One thousand dollars for special-circumstances households. Special-circumstances households include the following: (1) at least one member is 62 years of age or older; (2) at least one member qualifies as disabled as defined by Title 42, United States Code, Section 423 or handicapped as defined by California Health and Safety Code Section 50072(3); or is a household with one or more minor children (under 18 years of age) who are legally dependent (as determined for Federal income tax purposes). Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights.
The notice of entitlement to relocation assistance for landlord-caused terminations where a landlord provides a proposed rent increase, or proposed rent increases, that raise the rent to an amount more than 12% greater than the base rent during a 12 month period and the tenant elects to not remain in the residential property shall state:
NOTICE: Under Civil Code Section 827(b) a landlord must provide a tenant with 30 days' notice prior to a rent increase of 10% or less and 60 days' notice of a rent increase of greater than 10%. Under Title 4, Chapter 37 of the San Leandro Municipal Code, a landlord must at the same time as a notice under Civil Code Section 827(b), provide this notice of the tenant's entitlement to relocation assistance. Qualifying tenants are entitled to the following forms of relocation assistance: (a) a relocation fee which shall be the cash equivalent of three times the most current Fair Market Rents as published annually by the U.S. Department of Housing and Urban Development ("HUD") for the Oakland-Fremont, California HUD Metro FMR Area in the Federal Register, or three times the monthly rent that the tenant(s) is paying at the time the notice of the landlord-caused termination is delivered, whichever amount is greater; and (b) One thousand dollars for special-circumstances households. Special-circumstances households include the following: (1) at least one member is 62 years of age or older; (2) at least one member qualifies as disabled as defined by Title 42, United States Code, Section 423 or handicapped as defined by California Health and Safety Code Section 50072(3); or is a household with one or more minor children (under 18 years of age) who are legally dependent (as determined for Federal income tax purposes). Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights.
Commencement of eviction proceedings against a tenant for exercising his or her rights under this Chapter shall be considered a retaliatory eviction. Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights.