Chapter 9.44
TENANT RELOCATION ASSISTANCE1
Sections:
9.44.040 Requirement to provide relocation assistance.
9.44.050 Amount and timing of relocation payment.
9.44.060 Notice of termination and notice of entitlement to relocation.
9.44.080 Retaliation prohibited.
9.44.010 Purpose.
In October 2019, the California Legislature enacted the Tenant Protection Act of 2019 (“Act”). Codified at California Civil Code Section 1946.2, the Act, among other things, requires landlords of residential rental property to pay a relocation payment to covered tenants upon eviction for no-fault just cause, as defined in the Act. The purpose of this chapter is to provide enhanced relocation payments to Healdsburg tenants earning low or moderate incomes evicted for no-fault just cause. (Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
9.44.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as follows:
A. “Landlord” means any person or other entity entitled to receive rent for the use and occupancy of a rental unit.
B. “Rent” means the amount of fixed periodic compensation paid by a tenant to a landlord, as defined by the rental agreement between the tenant and landlord, for the possession and use of residential property. Rent shall not include ancillary services including, but not limited to, pet deposits, storage, additional parking or utility pass-throughs.
C. “Rental unit” means one or more rooms and a single kitchen, designed for occupancy by one person or a common household for living or sleeping purposes that is being used for residential uses, which is hired, rented, or leased to a household within the meaning of California Civil Code Section 1940. This definition applies to any dwelling space that is actually used for residential purposes, including live-work spaces, whether or not the residential use is legally permitted.
D. “Tenant” means a person entitled, by written or oral agreement, to the use or occupancy of any rental unit. (Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
9.44.030 Applicability.
A. This chapter shall apply to tenancies for which the tenant remains in possession and the period of notice required under California Civil Code Section 1946.1 has not expired, as of the effective date of the ordinance codified in this chapter. Regardless of when the initial notice of termination was provided, no landlord may terminate a residential tenancy of a tenant unless the landlord can demonstrate compliance with the requirements of this chapter.
B. The following tenants are subject to this chapter:
1. Any tenant who has continuously and lawfully occupied a residential rental unit for 12 months;
2. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this chapter shall only apply if either of the following is satisfied:
a. All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
b. One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more. (Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
9.44.040 Requirement to provide relocation assistance.
Any tenant subject to this provision whose tenancy is terminated for no-fault just cause is entitled to a relocation payment from the landlord, as provided below.
No-fault just cause is defined by California Civil Code Section 1946.2(b)(2), as enacted in 2019, and as amended from time to time. As of the time of adoption of the ordinance codified in this chapter, the no-fault just cause recognized by California Civil Code Section 1946.2 is:
A. Intent to occupy the residential real property by the landlord or their spouse, domestic partner, children, grandchildren, parents, or grandparents. For leases entered into on or after July 1, 2020, this clause shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the landlord to terminate the lease if the landlord, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property.
B. Withdrawal of the residential real property from the rental market.
C. The landlord is complying with an order issued by a government agency or court requiring the rental unit be vacated.
D. Intent to demolish or substantially remodel the rental unit. For purposes of this subsection, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation. (Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
9.44.050 Amount and timing of relocation payment.
In addition to the relocation payment required by state law, tenants are entitled to the following amounts:
A. Tenants who earn 120 percent or less of the Sonoma County area median income shall receive a relocation payment in an amount equal to one month of the tenant’s rent in effect at the time of service of the notice to terminate the tenancy.
B. In addition to the payment in subsection (A) of this section, tenants who earn 80 percent or less of the Sonoma County area median income shall receive a relocation payment in an amount equal to one month of the tenant’s rent in effect at the time of service of the notice to terminate the tenancy.
C. To be eligible for the payments provided in subsections (A) and/or (B) of this section, tenant must provide proof of income to landlord within seven calendar days of the notice to terminate the tenancy being served on tenant. For purposes of this provision, any of the following documentation shall serve as proof of income: (1) the tenant’s state or federal tax returns from the year prior to the year in which the tenant receives the notice to terminate; (2) the tenant’s six most recent pay stubs, which shall be averaged to determine the tenant’s monthly income; (3) a letter from the tenant’s current employer stating the tenant’s current income; or (4) any other mechanism agreed upon, in writing, by the tenant and landlord.
D. Any relocation assistance shall be provided within 15 calendar days after service of the notice of termination from the landlord to the tenant.
E. In lieu of the payments required above, the landlord and tenant may agree, in writing, to a waiver of the corresponding number of months of rent.
F. Nothing provided herein prohibits a landlord and tenant from agreeing to relocation assistance greater 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). Any such agreement shall be in writing and filed with the City Manager’s office. (Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
9.44.060 Notice of termination and notice of entitlement to relocation.
A. The landlord shall provide written notice of termination as required by state law. Unless the notice of termination was served prior to the effective date of this chapter, written notice of tenant’s entitlement to relocation assistance shall be provided by the landlord at the same time. A copy of the notice shall be filed with the City Manager’s office.
B. If an unexpired notice of termination for a no-fault reason was served prior to the effective date of this chapter, the landlord shall provide the notice required by subsection (C) of this section to tenant within 15 calendar days after the effective date of this chapter or before the previously served notice of termination expires, whichever occurs first. If the notice of termination is set to expire sooner than 15 days after the effective date of this chapter, the relocation assistance required under HMC 9.44.050 shall be provided within one business day of the tenant providing proof of income for payment eligibility in accordance with HMC 9.44.050(C).
C. The notice of entitlement to relocation assistance shall be provided in Spanish and English and shall state:
NOTICE: Under Title 9, Chapter 9.44 of the Healdsburg Municipal Code, a Landlord must provide tenants that have occupied residential property under a valid lease or rental agreement with a Landlord with written 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 receive relocation assistance in the amount of one to three months of their current rent, depending on the tenant’s income.
If you qualify for a relocation payment under California Civil Code Section 1946.2, you will receive payment for one month’s rent within fifteen (15) calendar days after service of this Notice. If you believe you are entitled to an additional payment, pursuant to Healdsburg Municipal Code Section 9.44.060(B), you must provide proof of your income to the Landlord no later than seven (7) calendar days after service of this Notice.
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.
(Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
9.44.070 Exceptions.
This chapter shall not apply to any of the types of residential real properties or residential circumstances defined in California Civil Code Section 1946.2(e), as amended from time to time, including but not limited to the following:
A. Housing accommodations in which the tenant shares bathroom or kitchen facilities with the landlord who maintains their principal residence at the residential real property.
B. A single-family residence that includes one or more accessory dwelling units or junior accessory dwelling units, where one of the units is landlord-occupied, and one or more of the units is rented to a tenant.
C. A duplex in which the landlord occupied one of the units as the landlord’s principal place of residence at the beginning of the tenancy, and the landlord continues in occupancy.
D. Housing that has been issued a certificate of occupancy within the previous 15 years.
E. Residential real property that is alienable separate from the title to any other dwelling unit, subject to the conditions stated in Civil Code Section 1946.2(e)(8), including but not limited to single-family homes and condominiums, of which the landlord is not any of the following:
1. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
2. A corporation.
3. A limited liability company in which at least one member is a corporation.
To qualify for this exemption, the landlords must have complied with all notice requirements required by Civil Code Section 1946.2(e)(8).
F. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. (Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
9.44.080 Retaliation prohibited.
Noncompliance with the provisions of this chapter is a defense to an unlawful detainer. 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. (Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
9.44.090 Enforcement.
A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. In the event any civil suit or action is brought by the City to enforce the provisions of this chapter, the person responsible for such violation shall be liable to the City for the City’s costs of the suit, including, but not limited to, attorneys’ fees, expert fees, and other costs of the suit.
B. In addition to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess, any violation of this chapter may be prosecuted or enforced as a nuisance pursuant to Chapter 1.12 HMC as that chapter may be amended from time to time. The City may also prosecute or enforce violations of this chapter as a criminal offense or by a civil court action, prosecuted by the City attorney in the name of the City or in the name of the people of the state of California, in any other manner provided by law.
C. Any person or organization who believes that a landlord has violated provisions of this chapter shall have the right to file an action for injunctive relief and/or actual damages against such party. Whoever is found to have violated this chapter shall be subject to appropriate injunctive relief and shall be liable for damages, costs and reasonable attorneys’ fees. Treble damages shall be awarded for a landlord’s failure to comply with the payment obligation established under this chapter. (Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
9.44.100 Reporting.
The City shall present an annual report to the City Council assessing the effectiveness of the relocation assistance program established under this chapter and recommending changes as may be appropriate. (Ord. 1199 § 2 (Exh. A), 2020; Ord. 1198 § 2 (Exh. A), 2020.)
Code reviser’s note: Section 6 of Ord. 1199 states that this chapter shall be automatically repealed on January 1, 2030, or any date thereafter on which Cal. Civil Code Section 1946.2 is repealed.