HomeMy WebLinkAboutCED Anti-Displacement Urgency Ordinance and Temporary Relocation Assistance for the Canal Opportunity Zone____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: April 15, 2024
Disposition: Final adoption of Urgency Ordinance No. 2034 (4/5 vote) x Resolution 15283
TOPIC: ANTI-DISPLACEMENT URGENCY ORDINANCE AND TEMPORARY RELOCATION
ASSISTANCE FOR THE CANAL OPPORTUNITY ZONE
SUBJECT: IMPLEMENTATION OF TEMPORARY ANTI-DISPLACEMENT MEASURES IN THE
CANAL OPPORTUNITY ZONE
RECOMMENDATION:
1.Adopt an urgency ordinance amending Chapter 10.105 of the San Rafael Municipal Code, entitled
“Cause Required for Eviction”, and amending Chapter 10.111 of the San Rafael Municipal Code,
entitled “Relocation Assistance in Opportunity Zones.”
2.Adopt a resolution amending Resolution 14895 to include temporary relocation assistance
payment amounts and administrative processing fee pursuant to San Rafael Municipal Code
Chapter 10.111 – Relocation Assistance in Opportunity Zones.
BACKGROUND:
Opportunity Zones
The 2017 Tax Cuts and Jobs Act created tax incentives for long-term investment in federally designated
census tracts called Opportunity Zones (OZ). Investors can access these tax incentives by investing
capital gains through Opportunity Funds. Opportunity Funds are required to hold 90% of their assets in
qualified OZ properties. The longer an investor keeps their money in the Opportunity Fund investment,
the more tax incentives they become eligible for. To qualify for the program, an acquired property
already being used in an OZ must be “substantially improved” over a 30-month period, meaning the
money spent on improvement exceeds the initial investment into the existing property. The opportunity
to participate in the OZ program ends December 31, 2026.
Agenda Item No: 6.a
Meeting Date: April 15, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Departments: Community and Economic Development
Prepared by: Micah Hinkle, Director
Alexis Captanian, Housing Manager
City Manager Approval: __________
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
San Rafael Canal Opportunity Zone
San Rafael currently has one OZ (Census Tracts 1122.03 and 1122.04, Map 1), located in the Canal
neighborhood.
Map 1. San Rafael Opportunity Zone – Census Tracts 1122.03 and 1122.04
There are currently 150 properties and 1,774 total housing units within the OZ boundary. According to
the 2022 American Community Survey, 20% of the population in the OZ falls below the federal poverty
line, compared to 7% of the population in Marin County. About ten percent (10%) of the housing units in
the OZ currently have below market rate deed restrictions.
Table 1. Properties within San Rafael Opportunity Zone Boundaries
Properties Units Average
Units/Property
Detached Single Family 32 32 1
Condominium/Townhome 17 265 16
Apartment 90 1,477* 16
Non-Residential 11 - -
Total 150 1,774
*176 units have deed-restricted below market rate protections
According to the 2022 American Community Survey, 69% of rental homes in Census Tract 1122.03 and
75% of rental homes in Census Tract 1122.04 are overcrowded (occupied by 1.01 persons or more per
room, excluding bathrooms and kitchens). By comparison, 19% of rental homes in San Rafael are
considered overcrowded. High overcrowding rates indicate that additional income streams are required
to sustain a household’s rental costs, putting them at greater risk of housing instability should income
be reduced, or housing costs increased. The California Healthy Places Index ranks these census tracts
in the bottom fifth percentile statewide in terms of severe cost burden, or the percentage of low-income
renters who pay more than 50% of their income on housing costs. The California Fair Housing Task
Force has identified these census tracts as Low Resource.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Existing Tenant Protection Policies
In 2019, Governor Newsom signed Assembly Bill 1482, the Tenant Protection Act of 2019, providing a
rent cap and just cause eviction protections to qualified rental housing across California. The legislation
limits annual rent increases to 5% plus the "cost of living" index or 10%, whichever is less. The law
became effective January 1, 2020, and remains in effect until January 1, 2030. As of March 2024, the
allowable rent increase for much of the multifamily housing stock in San Rafael was 9.2%.
The City has also adopted several local policies to increase housing stability and affordability. In 2019,
in response to low vacancy rates, high prevalence of housing cost burden, and lack of affordable
housing, the San Rafael City Council adopted Citywide tenant protection policies including cause
required for eviction. San Rafael’s Cause Required for Eviction policy is intended to provide stability for
households who rent by regulating the grounds for eviction. The policy applies Citywide to properties
that contain at least three separate dwelling units. For a housing provider to terminate a residential
tenancy, the termination must qualify as either “for cause” or “no fault”. Reasons a housing provider
may terminate a tenancy “for cause” include failure to pay rent, breach of rental contract, illegal
activities in/around the dwelling unit, threat of violent crime, and nuisance behavior. Under a “no fault”
eviction, a housing provider may terminate a tenancy to permanently remove the unit from the rental
market, to move into the unit, to conduct substantial rehabilitation for health and safety reasons, or if
the tenant refuses to execute a lease.
In the case of substantial rehabilitation for health and safety, the housing provider must have applied for
or obtained permits to undertake substantial repairs to the unit that cannot be completed while the unit is
occupied. To qualify, such substantial repairs must be for the primary purpose of bringing the unit into
compliance with applicable law.
According to staff from Legal Aid of Marin, most of their clients’ eviction notices are based on failure to
pay rent and substantial rehabilitation for health and safety. Legal Aid of Marin serves a subset of San
Rafael renters who qualify based on household income level.
Following the designation of Canal Census Tracts 1122.03 and 1122.04 as a Qualified OZ, the City
Council adopted relocation assistance requirements specific to the OZ in 2021, recognizing that the tax
benefits available to investors through the purchase and improvement of properties in the OZ could
heighten the risk of displacement for residents of rental housing. Chapter 10.111 requires all owners of
residential properties in Opportunity Zones to provide certain assistance to tenants who are displaced
from their residences due to no fault terminations of their tenancies, as defined in the City’s Cause
Required for Eviction Ordinance. The intent of this policy is to help mitigate the adverse health, safety
and economic impacts experienced by residents of rental housing who are displaced from their
residences due to no fault terminations of their tenancies.
Tenant households in the OZ are eligible for relocation assistance if they are displaced after having
continually occupied the dwelling unit for 30 days or more. There is no income qualification for
relocation assistance. The amount of the relocation payment to the tenant includes three months’ rent
plus estimated moving expenses. If a tenant household includes a person under the age of 18 or over
62, and/or a person with a disability, the household is eligible for an additional one month’s rent. These
components are calculated from the tenant’s current rent or fair market rent, whichever is greater. Fair
market rents are published annually by the U.S. Department of Housing and Urban Development for
the San Francisco, CA HUD Metro FMR Area. If the tenant is required to move before the end of the
month, they are eligible for a per diem stipend to help cover food and hotel lodging expenses. If a
tenant is eligible for relocation assistance under the OZ ordinance, they are ineligible for the Citywide
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
relocation assistance under SRMC Section 14.16.279, which applies to low-income tenants only and is
equal to two months’ rent. The housing provider must provide notice to the tenant at least 60 days prior
to the date the tenant will be required to vacate the property and must pay relocation assistance to the
tenant at least 30 days prior to the date the tenant is displaced.
Table 2 shows the 2024 required relocation assistance payments to renters in the Opportunity Zone.
Table 2: 2024 Required Permanent Relocation Assistance Payments to Renters in the
Opportunity Zone (based on number of bedrooms)
Studio 1-Bedroom 2-Bedroom 3-Bedroom
Base Relocation Payment*
Two months’ Fair Market Rent for 2024 $4,584 $5,636 $6,718 $8,224
Security Deposit (One month’s Fair
Market Rent for 2024)
$2,292 $2,818 $3,359 $4,112
Estimated Moving Expenses $500 $500 $750 $1,000
Minimum Total Renter Relocation
Payment
$7,376 $8,954 $10,827 $13,336
*Base Relocation will be calculated using the higher amount between current Fair Market Rent or
Actual Rent Amount.
Additional Required Payments if Household has a child, senior, or individual with a disability.
If the household meets one or more of the
below criteria:
1) Household with a minor (18 years
or younger)
2) Household with individual 62 years
or older
3) Household with individual with
disability
$2,292 $2,818 $3,359 $4,112
Potential Renter Relocation Payment $9,668 $11,772 $14,186 $17,448
Under the permanent relocation assistance policy, the housing provider is required to pay an additional
$150 per day for each day remaining in the calendar month in which the tenancy is terminated to
compensate for costs such as hotel or short-term rental accommodations, meals, and other related
costs, while the resident looks for another place to live.
Current Status
Housing stability and affordability continue to be challenges for renters. Even with the current
protections in place, some residents are still experiencing displacement in the Canal Opportunity Zone.
Since October 2022, the City reviewed permanent relocation payments for 31 tenant households who
were evicted on the grounds of substantial rehabilitation for health and safety within the Canal OZ.
Additionally, the City processed permit applications for 37 units in the OZ where the property owner
indicated that a no-fault eviction did not occur.
When tenants are displaced from their homes, it is extremely difficult to secure other housing in the
Canal neighborhood, other parts of San Rafael or Marin County because of low supply that drives up
prices on available rental housing. The rental vacancy rates in Marin and San Rafael have been below
five percent in recent years. In March 2024, a daily staff search on Zillow over the course of several
days for available apartment rentals in the Canal neighborhood produced only three available rental
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
units. Legal Aid of Marin staff and other community partners have seen recent clients leave San Rafael
for other areas such as the East Bay and Vallejo, double up with other families in the Canal
neighborhood, or become unhoused and move into their cars.
Displacement has far-reaching impacts for families, including loss of social networks, educational
disruption for children, increased stress, hardship, and negative impacts on health. While the City’s
long-term goal is to increase housing supply and affordable housing across the City, the impact of
displacement on tenants in the OZ is immediate and urgent.
The City Council’s Fiscal Year 2023-2025 Goals and Objectives direct staff to evaluate existing tenant
protection policies to determine their effectiveness and consider the implementation of revised policies
to expand housing choices for all residents, as outlined in the 2023-2031 Housing Element, to ensure
habitability, create fair housing, and end homelessness. Staff are working with stakeholders to evaluate
and develop Citywide policies. While this comprehensive evaluation process is underway, the proposed
urgency ordinance is intended to prevent further displacement in the Opportunity Zone in the interim.
ANALYSIS:
The proposed temporary policy to reduce tenant displacement in the Opportunity Zone removes
“Rehabilitation for Health and Safety” as a valid reason for permanent eviction in most cases and
requires residential property owners to provide temporary relocation assistance to tenants in cases of
Substantial Rehabilitation for Health and Safety. This would apply in the Opportunity Zone only.
Temporary Relocation Assistance for Tenants in Cases of Substantial Rehabilitation for Health
and Safety
Under the proposed OZ temporary anti-displacement ordinance, substantial rehabilitation for health and
safety would no longer be a cause for eviction and would instead provide for temporary relocation.
Tenants would have a right to return once the circumstances that warrant a temporary displacement
end. This would apply in the OZ only; in all other areas of the City, substantial rehabilitation for health
and safety would continue to be a cause for eviction per Chapter 10.105 of the San Rafael Municipal
Code.
In cases of substantial rehabilitation for health and safety in the OZ, a property owner would be
required to provide a daily temporary relocation assistance payment to the displaced tenant or offer a
comparable unit if available on the property, or on another property within San Rafael city limits. The
unit must be at least comparable to the unit that the tenant is leasing in terms of size, number of
bedrooms, accessibility, allowing pets (if the tenant has pets), and other amenities. The property owner
would not be required to provide the temporary relocation assistance payment if they provide a
comparable or better unit. For longer rehabilitation projects, this is a preferred outcome because it is
less disruptive for the tenant and less expensive for the property owner. In the case of a shorter
rehabilitation project, the tenant and property owner may prefer that the tenant stay in hotel lodging
rather than move belongings to an alternative comparable unit.
If a comparable unit is available onsite or at another nearby property, the tenant can either (a) accept
the temporary placement in the comparable unit or (b) terminate their tenancy and accept a permanent
relocation assistance payment. If the tenant declines placement in a comparable unit, they are not
eligible for the temporary relocation assistance payments. Tenants who choose not to be temporarily
relocated would receive the City’s existing permanent relocation assistance payment for the OZ.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6
During the temporary displacement period, the tenant would continue paying rent on their original unit.
Continued payment of rent would allow the tenancy to continue, uninterrupted. Since the tenancy would
be uninterrupted, the tenant would have the right to return with the same rights under their existing
lease after the rehabilitation as before the rehabilitation, including the same monthly rental rate. If the
tenant’s lease expires during the temporary displacement, AB 1482 requirements apply, meaning that if
the tenant has lived in the unit for more than one year, the owner has to offer to renew the lease, just as
they would if the tenant were not temporarily displaced. Since the tenant is still paying rent, their
tenancy continues and the rights under their tenancy include the rights under AB 1482. The tenant’s
rent could be increased by up to the maximum allowable amount under AB 1482, which is currently
9.2% based on March 2024 CPI. Certain rentals are exempt from the State rent cap, such as condos
and single-family homes not owned by a Real Estate Investment Trust (REIT) or corporation; duplexes
where the owner’s principal residence is one of the units; deed-restricted affordable housing; and
buildings constructed in the last 15 years, which is a rolling date.
The property owner is required to provide the comparable unit or pay the temporary relocation
assistance payments for as long as the tenant is required to stay out of their unit and continues to pay
rent.
The property owner is required to provide the notice of relocation in the same language as the rental
agreement was negotiated.
The temporary anti-displacement ordinance would be in effect through December 31, 2026, at which
time the OZ tax incentive benefits expire.
Property owners who are temporarily displacing tenants for substantial rehabilitation for health and
safety will be required to provide a copy of the notice to the City that was provided to the tenant and to
indicate the temporary relocation plan for the tenant household. Failure to do so could result in
revocation of the associated building permit and/or withholding of final inspection until compliant.
Resolution Setting Amounts of Temporary Relocation Assistance Payment and Administrative
Fee
The proposed resolution would amend Resolution 14895 by setting temporary relocation assistance
payment amounts and the administrative processing fee for the City’s review of relocation assistance
documentation.
The amount of the proposed temporary relocation assistance payment for substantial rehabilitation for
health and safety is designed to cover the cost of temporary accommodations plus incidental costs.
Under the City’s existing permanent relocation assistance policy in the OZ, if the tenant is required to
move before the end of the month, the property is required to pay an additional per diem stipend to help
cover food and hotel lodging expenses. The stipend is currently set at $150 per day, based on the
Marin Economic Forum’s 2019 report “State of the Visitor Industry in Marin County,” which says that
visitors spend a self-reported average of $147 per person when they stay overnight in Marin County.
Updated data from Dean Runyon and Associates from October 2023 shows a substantial increase in
current costs for overnight stays. People coming into Marin County that spend at least one overnight
stay in Marin spend on average $244 per person for lodging and food. During the summer season, this
number can increase by as much as an additional 10-15%. Fiscal Year 2024 federal per diem rates for
San Rafael from the U.S. General Services Administration allot $189 for daily lodging excluding taxes
and $74 for meals and incidentals, for a total of $263. Based on these numbers, staff recommend a
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7
temporary relocation daily payment of $250 for food and lodging during the first 29 days of
displacement, since temporary displacement for less than 30 nights likely requires temporary lodging
such as hotel/motel or short-term rental. For rehabilitation projects lasting longer than 29 days, the
tenant may be able to execute a month-to-month rental lease agreement. For every day beyond the
29th day of the temporary displacement period, the tenant household would be entitled to a relocation
assistance payment equal to the greater of (1) one thirtieth of the tenant’s monthly lease rent, or (2) one
thirtieth of the current monthly Fair Market Rent, corresponding to the number of bedrooms in the unit.
For example, the 2024 Fair Market Rent for a two-bedroom in Marin County is $3,359 per month, or
$112 per day.
Given the cost of temporary relocation assistance payments, a property owner is incentivized to
complete renovations swiftly and/or to plan the timing of rehabilitation when a comparable, code-
compliant unit on the property is available.
The temporary anti-displacement ordinance would be in effect through December 31, 2026, at which
time the OZ tax incentive benefits expire.
Property owners who are temporarily displacing tenants for substantial rehabilitation for health and
safety will be required to provide a copy of the notice to the City that was provided to the tenant and to
indicate the temporary relocation plan for the tenant household. Failure to do so could result in
revocation of the associated building permit and/or withholding of final inspection until compliant.
The proposed resolution also includes the administrative fee to be paid by the property owner. The fee
would cover the actual cost of City review of relocation assistance documentation, calculated using the
fully burdened rate of staff reviewers and based on the time required for review. The fee would vary
depending on the completeness and organization of the materials submitted. The fee would apply to
owners submitting documentation for permanent and/or temporary relocation assistance. If adopted, the
administrative fee would be included in the City’s Master Fee Schedule.
Staff would evaluate outcomes of the proposed temporary anti-displacement ordinance and use that
data to inform future policy recommendations. Outcomes that staff will track include:
•The number of substantial rehabilitations for health and safety requiring tenant relocation,
•The number of tenants placed in a comparable unit,
•The number of tenants who opt out of temporary relocation assistance and receive lump
sum permanent relocation assistance,
•The number of tenants who receive the temporary relocation assistance payment,
•The average length of time required for rehabilitation, from building permit issuance to final
inspection.
FISCAL IMPACT:
Under the proposed resolution, the City would charge an administrative fee, equal to the fully burdened
rate of the staff reviewer, that covers the actual cost of staff review of temporary relocation assistance.
The fee would also apply to staff review of permanent relocation assistance, since the administrative fee
was not previously specified in Resolution 14895.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8
COMMUNITY OUTREACH:
Staff reached out to community-based organizations who serve tenants as well as real estate
professionals to obtain their input on the proposed ordinance.
The City committed in its 2023-2031 Housing Element to evaluate and implement Citywide tenant
protection policies, and the process to establish Citywide policies will include extensive stakeholder
engagement.
OPTIONS:
The City Council has the following options to consider on this matter:
1.Adopt the urgency ordinance and resolution.
2.Adopt the urgency ordinance and resolution with modifications.
3.Direct staff to return with more information.
4.Take no action.
RECOMMENDED ACTION:
1.Adopt an urgency ordinance amending Chapter 10.105 of the San Rafael Municipal Code, entitled
“Cause Required for Eviction”; and amending Chapter 10.111 of the San Rafael Municipal Code,
entitled “Relocation Assistance in Opportunity Zones.”
2.Adopt a resolution amending Resolution 14895 to include temporary relocation assistance
payment amounts and administrative processing fee pursuant to San Rafael Municipal Code
Chapter 10.111 – Relocation Assistance in Opportunity Zones.
ATTACHMENTS:
1.Urgency Ordinance
2.Exhibit A to Urgency Ordinance
3. Resolution
1
ORDINANCE NO. 2034
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL
AMENDING CHAPTER 10.105 OF THE SAN RAFAEL MUNICIPAL CODE,
ENTITLED “CAUSE REQUIRED FOR EVICTION”; AND AMENDING CHAPTER
10.111 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED “RELOCATION
ASSISTANCE IN OPPORTUNITY ZONES”
Section 1. Findings.
WHEREAS, Government Code sections 36934 and 36937 authorize ordinances
to take effect immediately if they are for the immediate preservation of the public peace,
health or safety, contain a declaration of the facts constituting the urgency, and are
passed by a four-fifths vote of the City Council; and
WHEREAS, California Housing Partnership estimates there is a shortage of
9,694 affordable rental homes to accommodate low-income renters in Marin County;
and
WHEREAS, California Housing Partnership estimates that rents in Marin County
have been steadily increasing since 2009; and
WHEREAS, increasing rents combined with a housing shortage places
substantial pressure on residents of the City of San Rafael who rent housing; and
WHEREAS, there are 24,385 1 residential units in San Rafael. Of those,
approximately fifty-two percent (52%) are owner occupied and forty-eight percent (48%)
are renter occupied; and
WHEREAS, a portion of San Rafael is located in U.S. Census Tracts 1122.03
and 1122.04, which are the sole U.S. Census Tracts designated a “Qualified
Opportunity Zone” by the 2017 Tax Cuts and Jobs Act (the “Act”), within Marin County;
and
WHEREAS, there are approximately 1,774 2 residential units in San Rafael’s
Qualified Opportunity Zone; and
WHEREAS, seventy-nine percent (79%) of units in Census Tract 1122.03 are
tenant occupied and ninety-three percent (93%) of units in Census Tract 1122.04 are
tenant occupied; and
WHEREAS, the estimated median gross annual income of households living in
Census Tracts 1122.03 and 1122.04 is $94,038 and $71,210, respectively, compared to
1 Total Housing Units (+/-731 Margin of Error) (Owner occupied - +/-1.9% Margin of Error; Renter occupied
+/-2.3% Margin of Error)
2 Marin County Assessor’s Office
2
$136,214 in Marin County3; and
WHEREAS, Census Tracts 1122.03 and 1122.04 have been identified as Low
Resource (https://belonging.berkeley.edu/2024-ctcachcd-opportunity-map); and
WHEREAS, the Healthy Places Index (HPI), developed by the Public Health
Alliance of Southern California, tracks 25 separate indicators of community health and
wellbeing, including five indicators related to housing; and
WHEREAS, according to the HPI, Census Tracts 1122.03 and 1122.04 are in the
bottom 5th percentile of census tracts statewide in terms of renters who spend more
than 50% of their income on housing costs, while the City of San Rafael is in the 23rd
percentile; and
WHEREAS, Qualified Opportunity Zones are designed to spur economic
development in distressed communities throughout the country and U.S. possessions
by providing tax benefits to investors who invest eligible capital into opportunity zones;
and
WHEREAS, in order for taxpayers to defer tax on eligible capital gains under the
Act, taxpayers must own and substantially improve property in a Qualified Opportunity
Zone; and
WHEREAS, sale of residential properties in San Rafael’s Qualified Opportunity
Zone and substantial improvements to said properties are likely to result in
displacement of residential tenants in the Canal neighborhood due to no fault
terminations; and
WHEREAS, Section 1946.2 of the California Civil Code and existing provisions of
the San Rafael Municipal Code allow for no fault terminations on the grounds that a
landlord will perform substantial rehabilitations; and
WHEREAS, Section 1946.2(h)(2)(i)(1)(B) of the California Civil Code allows cities
to adopt local ordinances that are more protective of tenants than Civil Code section
1946.2; and
WHEREAS, tenants in San Rafael’s Qualified Opportunity Zone face a high risk
of permanent displacement due to no fault terminations on the grounds that a landlord
will perform substantial rehabilitations; and
WHEREAS, substantial rehabilitations can be performed without causing
permanent displacement by temporarily relocating tenants for the duration of the
substantial rehabilitation activities and allowing them to return once the substantial
rehabilitation is complete; and
3 ACS 2022 5-year
3
WHEREAS, tenants who are temporarily displaced do not have adequate funds
to cover the costs of temporary accommodation when they are forced to temporarily
move due to substantial rehabilitation of their dwelling unit; and
WHEREAS, tenants who are temporarily displaced are forced to incur substantial
costs related to temporary displacement, including, but not limited to, payments for
temporary relocation to a motel, hotel, or other short-term accommodation; meals, if the
temporary accommodation lacks cooking facilities; laundry, if the temporary
accommodation lacks laundry facilities and the existing accommodation includes them;
accommodations for lawful pets if the temporary accommodation does not accept pets;
and other incidental costs; and
WHEREAS, families with children who are either dealing with or experiencing
eviction tend to have worse health outcomes compared to those who are not facing
eviction. Children from these families are more likely to experience negative
consequences such as poorer health, developmental delays, homelessness, lack of
access to food, and insufficient healthcare and childcare services, in comparison to the
overall population4; and
WHEREAS, household evictions are correlated with various negative outcomes,
including reductions in earnings, job loss, increased debt, periods of housing instability,
overdue bills, and health issues severe enough to require hospitalization. This impact is
particularly pronounced among already marginalized groups in the United States, such
as Black families and women with children5; and
WHEREAS, mothers who are evicted experience higher levels of material
hardship and parenting stress and are more likely to suffer from depression and to
report their health and that of their children as being poor, and the impacts of eviction
can endure for years with research showing in some families at least two years after
their eviction that mothers experienced significantly higher rates of material hardship
and depression than their peers6; and
WHEREAS, evictions of long-term residents can lead to significant decreased
credit scores for individuals ages 65 years or older compared to their counterparts who
are able to stay, with an average credit score 14.6 points lower7; and
4 Diana B. Cutts, Stephanie Ettinger de Cuba, Allison Bovell-Ammon, Chevaughn Wellington, Sharon M.
Coleman, Deborah A. Frank, Maureen M. Black, Eduardo Ochoa, Mariana Chilton, Félice Lê-
Scherban, Timothy Heeren, Lindsey J. Rateau, Megan Sandel; Eviction and Household Health and
Hardships in Families With Very Young Children. Pediatrics October 2022; 150 (4): e2022056692.
10.1542/peds.2022-056692
5 Collinson, R., Humphries, J. E., Mader, N. S., Reed, D. K., Tannenbaum, D. I., van Dijk, W. (2022,
August). Eviction and poverty in American cities. NBER Working Paper 30382.
6 Desmond, Matthew & Kimbro, Rachel. (2015). Eviction's Fallout: Housing, Hardship, and Health. Social
Forces.
7 Ding, L., & Hwang, J. (2016). The Consequences of Gentrification: A Focus on Residents' Financial Health
in Philadelphia. Cityscape, 18(3), 27-56.
4
WHEREAS, by 2035, the number of older households with a disability nationwide
will increase by 76 percent to reach 31.2 million, placing tremendous pressure on the
supply of ADA-compliant rental housing, making it increasingly difficult for renters with
disabilities to find suitable housing after a no-fault eviction 8; and
WHEREAS, numerous California jurisdictions have recognized that the impacts
of these no-fault evictions are particularly significant on elderly, disabled, and low-
income tenants and tenants with minor children, justifying additional payments for
households with these tenants; and
WHEREAS, this action is exempt from the California Environmental Quality Act
("CEQA") pursuant to, but not limited to, the following CEQA Guidelines: § 15061 (b)(3)
(no significant environmental impact), and § 15183 (consistent with the general plan and
zoning); and
WHEREAS, this Ordinance is expressly authorized by State law because the
Ordinance provides for more protective no fault termination protections than section
1946.2 of the California Civil Code, which was adopted pursuant to the Tenant
Protection Act of 2019 and is therefore more protective than the Act, and because this
Ordinance provides tenant protections that are neither prohibited by nor established by
other provisions of applicable law; and
WHEREAS, it is the intent of the City Council to consider adoption of a permanent
tenant protection ordinance in the future, and in light of impending rent increases on
tenants as well as impending risks of evictions and displacement, this Ordinance will
provide time for the City to consider a permanent ordinance; and
WHEREAS, for the reasons set forth above, this Ordinance is declared by the City
Council to be necessary for preserving the public peace, welfare, health and safety and to
avoid a current, immediate and direct threat to the peace, health, safety or welfare of the
community and the recitals above taken together constitute the City Council’s statement of
the reasons for adopting this Ordinance on an urgency basis.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
Section 2: Amendments to Chapter 10.105 of the San Rafael Municipal Code.
Subsection C – No Fault Terminations, of section 10.105.040 – Cause Required to
Terminate Tenancy, of Chapter 10.105 – Cause Required for Eviction, of Title 10 -
Businesses, Professions, Occupations, Industries and Trades, of the San Rafael
Municipal Code, is hereby amended to read as follows (additions in underline, deletions
in strikethrough):
8 Joint Center for Housing Studies of Harvard University. (2016). Projections and Implications for Housing a
Growing Population: Older Households 2015-2035. https://www.jchs.harvard.edu//research-
areas/reports/projections-and-implications-housing-growing-population-older-households-2015
5
C. No Fault Terminations. If a landlord can show any of the following circumstances with
respect to a termination of tenancy, the termination will qualify as "no fault:"
1. Landlord will Permanently Remove Unit from Rental Market. Landlord will
imminently demolish the dwelling unit or otherwise permanently remove the
dwelling unit from any residential rental use or purpose, in accordance with
California Government Code sections 7060—7060.7;
2. Landlord will Move in to Dwelling Unit. Landlord, or one (1) of landlord's family
members, including parents, children, brothers, sisters, aunts, uncles, nieces,
and/or nephews, intends to move into and reside in the dwelling unit as their
primary residence. The dwelling unit must be occupied as the primary residence
within three (3) months of the tenant household vacating the dwelling unit, and
the dwelling unit must continue to be occupied as the primary residence for at
least one (1) year;
3. Substantial Rehabilitation for Health and Safety. Landlord has applied for or
obtained permits to undertake substantial repairs to the dwelling unit that cannot
be completed while the dwelling unit is occupied. for a “Substantial rehabilitation
for health and safety,” as that term is defined by section 10.111.020. Before
terminating a tenancy under this subsection, a landlord must comply with the
provisions of Section 10.111.050, including providing to a tenant household all
rights and benefits to which it is entitled pursuant to section 10.111.050; To
qualify, such substantial repairs must be for the primary purpose of bringing the
dwelling unit into compliance with applicable law;
4. Tenant's Refusal to Execute Lease. Tenant refuses to accept a lease at the
outset of the tenancy, or to renew a lease on terms substantially similar to the
tenant's existing lease.
Subsection C – Delivery of notice, of section 10.105.050 – Notice of termination, of
Chapter 10.105 – Cause Required for Eviction, of Title 10 - Businesses, Professions,
Occupations, Industries and Trades, of the San Rafael Municipal Code, is hereby
amended to read as follows (additions in underline, deletions in strikethrough):
C. Delivery of Notice. Each notice of termination must be delivered to the tenant
household in accordance with Civil Code sections 1946, 1946.1, and 1946.1,2 as
applicable.
Section 3: Amendments to Chapter 10.111 of the San Rafael Municipal Code.
Chapter 10.111 – Relocation Assistance in Opportunity Zones, of Title 10 - Businesses,
Professions, Occupations, Industries and Trades, of the San Rafael Municipal Code, is
amended as set forth in Exhibit A, attached hereto and incorporated herein by this
reference (additions in underline, deletions in strikethrough).
Section 4. Applicability to Future and Pending Terminations. This Ordinance shall
apply where the termination of a tenancy pursuant to section 10.105 of the San Rafael
Municipal Code has not been finalized as of the effective date of this ordinance.
6
Section 5. Severability. If any section, subsection, phrase or clause of this
ordinance is for any reason held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrase or clauses be
declared unconstitutional on their face or as applied.
Section 6. Compliance with CEQA. The City Council hereby finds that the action to
adopt this Ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility the adoption of this Ordinance
may have a significant effect on the environment, and pursuant to CEQA Guidelines
section 15183 (consistent with the general plan and zoning).
Section 7. Effective Date. This Ordinance is declared to be an Urgency Ordinance by
authority conferred on the City Council of the City of San Rafael by Government Code
Sections 36934 and 36937 and shall be in full force and effect immediately upon its
adoption by a four-fifths vote of the City Council.
Section 8. Term of Urgency Ordinance. This Urgency Ordinance shall be in effect
until the earlier of: (1) the date this Urgency Ordinance is rescinded or terminated by the
City Council of the City of San Rafael; or (3) December 31, 2026.
Section 9. Publication. The City Clerk shall cause a summary of this Urgency
Ordinance to be published or posted as required by law.
Kate Colin, Mayor
ATTEST:
Lindsay Lara, City Clerk
I, LINDSAY LARA, City Clerk of the City of San Rafael, certify that the foregoing
Ordinance was passed by the City Council of the City of San Rafael, California, by a vote
of at least four-fifths (4/5) of the members thereof, at a regular meeting held on Monday,
the 15th day of April 2024, by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
LINDSAY LARA, City Clerk
Title 10 - BUSINESSES, PROFESSIONS, OCCUPATIONS, INDUSTRIES AND TRADES
Chapter 10.111 RELOCATION ASSISTANCE IN OPPORTUNITY ZONES
San Rafael, California, Code of Ordinances Created: 2024-01-05 11:50:15 [EST]
(Supp. No. 36, Update 2)
Page 1 of 10
Chapter 10.111 RELOCATION ASSISTANCE IN OPPORTUNITY ZONES
10.111.010 Purpose and intent.
It is the purpose and intent of this chapter to help mitigate the adverse health,
safety and economic impacts experienced by residents of rental housing who are
displaced from their residences due to temporary relocations and no fault terminations
of their tenancies. This chapter requires a property owner to mitigate the impact on
these residents by providing relocation assistance benefits to residents located within
U.S. Census Tracts 1122.03 and 1122.041122.01, which has have been designated a
"Qualified Opportunity Zone" by the 2017 Tax Cuts and Jobs Act.
10.111.020. Definitions.
For purposes of this chapter, unless the context clearly requires a different
meaning, the words, terms, and phrases set forth in this section shall either have the
meanings set forth in section 10.105.030 of this Code, or below, as applicable:
A. “Comparable onsite unit” means a unit located in the same development as the
unit from which a household is displaced and which is comparable to the
household’s existing unit, as determined by the Director.
B. “Comparable offsite unit” means a unit located within San Rafael city limits
which is comparable to a household’s existing unit, as determined by the
Director.
AC. "Disabled" means a person with a disability, as defined in Section 12955.3 of
the Government Code.
BD. "Elderly" means a person sixty-two (62) years or older.
CE. "Lease" means any tenancy contract between a tenant household and a
landlord or property owner for a specified time, in return for a periodic payment.
DF. "Minor child(ren)" means a person(s) who is eighteen (18) years or younger at
the time the notice of relocation assistance is provided to the tenant household.
EG. "No fault termination" shall have the meaning set forth in section 10.105.040(C)
of this Code.
H. “Original unit” means the unit occupied by a tenant household before being
temporarily or permanently displaced.
F. "RelocationI. “Permanent relocation assistance" means the payment
issued to a tenant household which household will be evicted from a dwelling
unit pursuant to a "no fault termination."
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GJ. “Substantial rehabilitation for health and safety” 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, that
requires the tenant to vacate the residential real property for at least thirty (30)
days, and that are undertaken for the primary purpose of bringing the dwelling
unit into compliance with applicable law. 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 for health and safety.”
K. “Temporary displacement period” means the period beginning the day that a
tenant household is displaced from a unit due to a substantial rehabilitation for
health and safety and ending the day that a tenant household permanently
returns to its original unit once the rehabilitation is completed.
L. “Temporary relocation assistance” means the payment(s) issued to a tenant
household which household will be temporarily displaced from a dwelling unit
due to “substantial rehabilitation for health and safety” of the unit.
M. "Tenancy" means the use or occupancy of a dwelling unit by a tenant.
10.111.030 Eligibility for temporary or permanent relocation assistance.
A. A tenant household shall be eligible for temporary or permanent relocation
assistance pursuant to this chapter if:
1. The tenant household has continually occupied a dwelling unit for a period of
thirty (30) days or more; and
2. The tenant household occupies a dwelling unit located within U.S. Census
Tract 1122.031 or 1122.04 as those tracts existed on April 15, 2024, and
shown in the shaded areas of Map 10.111.030.
Map 10.111.030
[Delete image.]
B. A tenant household shall not be eligible to receive temporary or permanent
relocation assistance pursuant to this chapter if the tenant household is subject to a
"for cause termination" pursuant to subsection (B) of section 10.105.040 of this
Code.
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C. A tenant household that is eligible to receive temporary or permanent relocation
assistance pursuant to this chapter shall not be eligible to receive relocation
assistance pursuant to the provisions of section 14.16.279 of this Code.
10.111.040 Requirement to provide temporary or permanent relocation
assistance.
A. Temporary Relocation Assistance. If the termination of the tenancy subject to this
chapter would qualify as a “no fault termination” because of “substantial
rehabilitation for health and safety” pursuant to subsection (C)(3) of Section
10.105.040 of this Code, the landlord of the dwelling unit shall, regardless of the
household’s income, provide temporary relocation assistance in accordance with
the provisions of this chapter.
B. Permanent Relocation Assistance. If the termination of a tenancy subject to this
chapter qualifies as a "no fault termination" pursuant to subsection (C) of Section
10.105.040 of this Code, the landlord of the dwelling unit subject to the no fault
termination shall, regardless of the tenant household's income, provide
permanent relocation assistance in accordance with the provisions of this
chapter.
10.111.050 Temporary displacement for substantial rehabilitations for health and
safety; Relocation assistance calculation and procedures.
Relocation assistance shall be subject to the following:
A. Temporary Displacement of Tenant Households for Substantial Rehabilitations
for Health and Safety. A tenant household that is eligible for temporary
relocation assistance pursuant to this chapter may be temporarily displaced
during substantial rehabilitations for health and safety. The tenant household
shall be entitled to the following during and after the temporary displacement
period, as set forth more fully in this section: (1) the continuation of the existing
tenancy, and (2) a right to return to the original unit.
1. Continuation of Existing Tenancy. The tenant household shall remain
responsible to pay to the landlord rent which falls due for the tenant
household's original unit during the temporary displacement period.
Continued payment of rent constitutes the continuation of the household’s
tenancy.
a. Notwithstanding subsection (A)(2) of this section, should a tenant
household fail to pay the landlord rent which falls due for the tenant
household’s original unit during the temporary displacement period,
the landlord may initiate the process to terminate the tenancy per
subsection (B)(1) of Section 10.105.040 (for cause terminations –
failure to pay rent). A tenant household whose tenancy is terminated
for cause shall have no right to return, no continued right to
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Page 4 of 10
temporary relocation assistance, and no right to permanent
relocation assistance as set forth in this section.
2. Right to Return to Original Unit. The temporarily displaced tenant
household shall have the right to reoccupy its original unit upon the
completion of the substantial rehabilitation for health and safety and shall
retain all rights of tenancy that existed prior to the displacement.
B. Temporary Relocation Assistance. In addition to the rights conferred by
subsection (A) of this section, a tenant household that has been temporarily
displaced during substantial rehabilitations for health and safety shall be
eligible for temporary relocation assistance during the temporary displacement
period.
1. Type of Assistance. When a landlord conducts substantial rehabilitations for
health and safety, before attempting to proceed with a no fault termination
pursuant to subsection (C)(3) of Section 10.105.040, a landlord shall offer
to provide displaced tenants with temporary relocation assistance. A
landlord shall also offer to provide temporary relocation assistance when
conducting rehabilitations that require a displacement of less than thirty (30)
days but would otherwise qualify as a substantial rehabilitation for health
and safety. Temporary Relocation Assistance shall be offered as follows.
a. Per diem assistance.
i. A landlord shall offer to pay to the household in weekly
increments per diem relocation costs in the amounts set forth
by separate resolution of the City Council.
1. The per diem amount shall be calculated to include
compensation for temporary relocation to a motel or
hotel accommodation which is safe, sanitary, located in
San Rafael and contains standard amenities such as a
telephone; meals, if the temporary accommodation
lacks cooking facilities; laundry, if the rental property
included laundry facilities; and accommodations for
lawful pets if the temporary accommodation does not
accept pets.
ii. If the tenant household accepts the offer and the temporary
displacement period will exceed twenty-nine (29) days, the
landlord shall prepay to the household in weekly increments
the applicable per diem amount during the temporary
displacement period and the landlord shall not proceed with a
no fault termination pursuant to subsection (C)(3) of Section
10.105.040.
iii. If the tenant household rejects the offer, the landlord may
proceed with a no fault termination pursuant to subsection
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Page 5 of 10
(C)(3) of Section 10.105.040. In such case, all the
requirements regarding no fault terminations shall apply,
including requirements to provide permanent relocation
assistance.
b. Comparable onsite unit or comparable offsite unit.
i. As an alternative to offering per diem assistance, a landlord
may offer to provide the tenant household with a comparable
onsite unit or a comparable offsite unit for the duration of the
temporary displacement period. In such case, the landlord
has no obligation to offer per diem assistance.
ii. If the tenant household accepts the offer, the landlord shall
allow the tenant household to reside in the comparable onsite
unit or comparable offsite unit at no cost during the temporary
displacement period and the landlord shall not proceed with a
no fault termination pursuant to subsection (C)(3) of Section
10.105.040.
iii. If the tenant household rejects the offer and the temporary
displacement period will exceed twenty-nine (29) days, the
landlord may proceed with a no fault termination pursuant to
subsection (C)(3) of Section 10.105.040. In such case, all the
requirements regarding no fault terminations shall apply,
including requirements to provide permanent relocation
assistance.
2. Notice of Temporary Relocation Assistance.
a. Not less than sixty (60) days before the date on which a household
will be required to temporarily vacate its original unit, the landlord
shall provide a notice of relocation assistance to the tenant
household that will be temporarily relocated. A shorter notice period
may be permitted at the Director’s discretion in emergency
situations.
b. The notice of relocation assistance shall be in the same language
and/or dialect as the rental agreement was negotiated.
c. The notice of relocation assistance shall contain the following:
i. A statement that the landlord intends to substantially
rehabilitate for health and safety or intends to conduct
rehabilitations that require a displacement of less than thirty
(30) days but would otherwise qualify as a substantial
rehabilitation for health and safety.
ii. A description of the rehabilitation to be completed and the
estimated relocation period.
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iii. The type and/or amount of the temporary relocation
assistance payment offered as required by subsection (B)(1)
of section 10.111.050.
iv. The amount of the permanent relocation assistance payment
that would be required if the tenant were permanently
displaced, itemized in the manner set forth in subsections (a)
through (d) of subsection (C)(1) of section 10.111.050
regarding calculation of relocation assistance.
v. The date by which the first temporary relocation assistance
payment will be delivered to the tenant household, and the
dates upon which subsequent payments will be delivered.
vi. A copy of San Rafael Municipal Code Chapter 10.111.
3. Certification of Temporary Relocation Assistance and Administrative Fee.
Within ten (10) days of issuance of a notice of temporary relocation
assistance pursuant to subsection (B)(2) of section 10.111.050 of this
chapter, the landlord shall submit to the city's community development
department a completed certification of relocation assistance on a form
approved by the city along with an administrative fee in an amount set forth
by separate resolution of the city council, which fee shall offset the costs in
administering this chapter.
The certification of temporary relocation assistance shall include the
following information:
a. The address of each dwelling unit in the rental property that will be
temporarily relocated;
b. The monthly rent for each of those dwelling units; and
c. The name of every person the landlord considers to be a resident
under an oral lease, written lease, or other rental agreement.
4. Payment of Temporary Relocation Assistance.
a. The date of the first temporary relocation assistance payment must
be on or before the first day of the temporary displacement period.
b. Temporary relocation assistance shall be paid per tenant household,
not per tenant.
5. Verification of Payment of Temporary Relocation Assistance. At least fifteen
(15) days before the start of the temporary displacement period, the city
must receive from the landlord a relocation plan on a form approved by the
Director and signed by the tenant. Failure to submit verification may result
in revocation of the permits required to perform the substantial rehabilitation
for health and safety.
C. Permanent Relocation Assistance:
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1. Calculation of Permanent Relocation Assistance. A tenant household that
is eligible to receive permanent relocation assistance pursuant to this
chapter shall be entitled to a permanent relocation assistance payment
equal to the sum of the following:
1a. First and Last Month's Rent. Payment for first and last month's
rent shall be equal to two (2) times the greater of (1) the rent
established by a lease between the landlord and the tenant
household, or (2) the current Fair Market Rent published annually by
the U.S. Department of Housing and Urban Development for the San
Francisco, CA HUD Metro FMR Area, corresponding to the number of
bedrooms in the subject dwelling unit; and
2b. Security Deposit. Payment for a security deposit shall be
established by city council resolution and based upon the number of
bedrooms in the property; and
3c. Moving Expenses. Payment for moving expenses shall be
established by city council resolution and based on the number of
bedrooms in the property; and
4d. Per Diem. A per diem payment for each day remaining in the
calendar month in which the tenancy is terminated. The per diem
amount shall be established by city council resolution, to compensate
for costs such as short-term rental accommodations, meals, and other
related costs, and based upon tenant household size; and
5e. Supplemental Payments. Tenant households that qualify for the
supplemental payment categories set forth in this subsection shall
receive up to one (1) supplemental payment. Supplemental payments
shall be equal to one (1) month's rent calculated using the greater of
(1) the monthly rent established by a lease between the landlord and
the tenant household; or (2) the current Fair Market Rent published
annually by the U.S. Department of Housing and Urban Development
for the San Francisco, CA HUD Metro FMR Area, corresponding to
the number of bedrooms in the subject dwelling unit.
Supplemental payment categories include:
ai. Tenant households with minor child(ren). Households with at
least one minor child(ren).
bii. Tenant households with elderly individual. Households with
at least one elderly individual.
ciii. Tenant households with disabled individual. Households with
at least one disabled individual.
B2. Notice of Permanent Relocation Assistance.
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1a. Not less than sixty (60) days before a tenancy is terminated
pursuant to subsection (C) of section 10.105.040, the landlord shall
provide a Notice of relocation assistance to the tenant household whose
tenancy will be terminated.
2b. The notice of relocation assistance may be provided along with
or incorporated within the notice of termination required pursuant to
section 10.105.050.
3c. The notice of relocation assistance shall be in the same
language and/or dialect as the rental agreement was negotiated.
4d. The notice of relocation assistance shall contain the following:
ai. The amount of the relocation assistance payment itemized in
the manner set forth in subsections (1a) through (4d) of subsection
(AC)(1) of section 10.111.050 regarding calculation of relocation
assistance;
bii. A statement informing the tenant household that it may
submit evidence of eligibility for a supplemental payment pursuant
to subsection (5e) of subsection (AC)(1) of section 10.111.050 of
this Code within twenty-one (21) days of receipt of the notice of
relocation assistance.
ciii. The date by which the relocation assistance payment will be
delivered to the tenant household; and
div. A copy of San Rafael Municipal Code Chapter 10.111.
C3. Certification of Permanent Relocation Assistance and Administrative Fee.
Within ten (10) days of issuance of a notice of permanent relocation
assistance pursuant to subsection (BC)(2) of section 10.111.050 of this
chapter, the landlord shall submit to the city's community development
department, a completed certification of relocation assistance on a form
approved by the city along with an administrative fee in an amount set
forth by separate resolution of the city council, which fee shall offset the
costs in administering this chapter.
The certification of permanent relocation assistance shall include the following
information:
1a. The address of each dwelling unit in the rental property that is
subject to the no-fault termination;
2b. The monthly rent for each of those dwelling units; and
3c. The name of every person the landlord considers to be a
resident under an oral lease, written lease, or other rental agreement.
D4. Payment of Permanent Relocation Assistance.
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1a. Not less than thirty (30) days before the final date of the terminated
tenancy, the landlord shall deliver, via certified mail or personal service, to
the address of the terminated tenancy, the relocation assistance required
by this chapter.
2b. The relocation assistance payment shall be equal to the sum of the
amounts required by subsections (1a) through (4d) of subsection (AC)(1)
of section 10.111.050, and shall include the amount set forth in subsection
(5e) of subsection (AC)(1) of section 10.111.050 if the tenant household
has provided timely evidence of eligibility for a supplemental payment. The
owner must keep all such evidence and documents submitted by the
tenant household confidential.
3c. Relocation assistance shall be paid per tenant household, not per
tenant.
4d. Relocation assistance shall be paid via check or cashier's check made
out to the person(s) who are named on the lease for the terminated
tenancy.
E5. Verification of Payment of Permanent Relocation Assistance. At least
fifteen (15) days bBefore the date that a tenant household will be required
to vacateissuance of demolition permits, building permits or other city
permits and/or entitlements that would result in no fault termination subject
to Chapter 10.105 of this Code, the city must receive verification from the
landlord of the property seeking said permits and/or entitlements that all
relocation assistance required pursuant to this chapter has been paid. This
verification shall be submitted in a form approved by the Director
community development department. Failure to submit verification may
result in revocation of the permits required to perform the substantial
rehabilitation for health and safety.
10.111.060 Notices.
Whenever any notice or other communication is required by this chapter to be
served on, provided, given or delivered to, or filed with, any person, that notice or
communication may be communicated by personal delivery, certified mail, first class
mail, e-mail, or any other similar method that will provide a written record of the notice
or communication.
10.111.080070 Failure to comply—Private right of action.
Any attempt to recover possession of a rental unit in violation of this chapter shall
render a landlord liable to the tenant for damages permitted by law in a civil action for
wrongful eviction. A tenant may also seek injunctive relief and money damages for
wrongful eviction and/or failure to pay relocation assistance, including failure to pay a
supplemental payment where the tenant household has timely submitted evidence of
eligibility for a supplemental payment pursuant to subsection (5e) of subsection (AC)(1)
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of section 10.111.050 of this Code. The prevailing party in an action for wrongful
eviction shall recover costs and reasonable attorneys' fees.
10.111.090080 Expiration on termination of federal opportunity zone designation.
This chapter is intended to provide assistance to renters experiencing higher risks
of displacement and renters affected by the opportunity zone designation authorized by
the 2017 Tax Cuts and Jobs Act. At such time as the opportunity zone designation is
lifted from Census Tract 1122.03 and 1122.04 1122.01 or the Act is amended so as to
not provide its stated tax benefits to investments within Census Tract 1122.03 and
1122.041122.01, the provisions of this Chapter shall expire and become null and void.
The city council shall repeal this chapter should it expire by the terms of this section.
1
RESOLUTION NO. 15283
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
RESOLUTION 14895 TO INCLUDE TEMPORARY RELOCATION ASSISTANCE
PAYMENT AMOUNTS AND ADMINISTRATIVE PROCESSING FEE PURSUANT TO SAN
RAFAEL MUNICIPAL CODE CHAPTER 10.111 – RELOCATION ASSISTANCE IN
OPPORTUNITY ZONES
WHEREAS, on March 15, 2021, the City Council adopted Ordinance No. 1992,
adding Chapter 10.111 – Relocation Assistance in Opportunity Zones to the San Rafael
Municipal Code (“SRMC”); and
WHEREAS, each of the findings and recitals set forth in Ordinance No. 1992 is
incorporated herein by this reference; and
WHEREAS, Ordinance No. 1992 establishes the calculation for permanent
relocation assistance payments and requires that the permanent relocation assistance
required by the Ordinance include payments for security deposit, moving expenses, and per
diem; and
WHEREAS, on March 15, 2021, the City Council adopted Resolution 14895,
establishing the payment amounts for security deposit, moving expenses, and per diem;
and
WHEREAS, on April 15, 2024, the City Council adopted Ordinance 2034, an
urgency ordinance providing for temporary relocation of tenants in cases of substantial
rehabilitation for health and safety for properties in the Canal Opportunity Zone; and
WHEREAS, Ordinance 2034 requires a property owner to provide temporary
relocation assistance payments or a comparable unit during the temporary displacement
period; and
WHEREAS, temporary displacement for less than 30 nights requires temporary
lodging or short-term rental; and
WHEREAS, October 2023 data from Dean Runyon and Associates found that
visitors to Marin County spend on average $244 per person for lodging and food when they
stay overnight, with this number increasing by as much as an additional 10-15% during the
summer season; and
WHEREAS, Fiscal Year 2024 federal per diem rates for San Rafael from the U.S.
General Services Administration allot $189 for daily lodging excluding taxes and $74 for
meals and incidentals, for a total of $263; and
WHEREAS, for rehabilitation projects lasting longer than 29 days, a displaced tenant
may be able to execute a month-to-month rental lease agreement; and
2
WHEREAS, the U.S. Department of Housing and Urban Development publishes the
Fair Market Rent (FMR) annually for the San Francisco, CA HUD Metro FMR Area,
corresponding to the number of bedrooms in a dwelling unit; and
WHEREAS, City staff time is required to review relocation assistance documentation
submitted by property owners.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby amends Resolution 14895 as follows:
SECTION 1. SECURITY DEPOSIT
If permanently displaced through a no fault termination, aA tenant household shall
be entitled to a security deposit payment in an amount equal to the greater of (1) the
monthly rent established by the lease between the landlord and the tenant household as
defined in SRMC Chapter 10.111, or (2) the current Fair Market Rent (FMR) published
annually by the U.S. Department of Housing and Urban Development for the San Francisco,
CA HUD Metro FMR Area, corresponding to the number of bedrooms in the subject
dwelling unit.
SECTION 2. MOVING EXPENSES
If permanently displaced through a no fault termination, aA tenant household shall
be entitled to the following moving expense payment:
Studio
1-
Bedroom
2-
Bedroom 3-Bedroom 4-Bedroom
Moving
Expenses
$
500 $ 500 $ 750
$
1,000
$
1,500
SECTION 3. PER DIEM
If permanently displaced through a no fault termination, aA tenant household shall
be entitled to a per diem equal to one hundred fifty dollars ($150) for every day between the
eviction date and the start of the next calendar month.
SECTION 4. MONTHLY RENT. Where this Resolution and Ordinance No. 1992
refer to “rent established by the lease between the landlord and the tenant household,” said
“rent” shall be calculated as the highest monthly rental amount paid to the landlord by the
tenant household within the year prior to issuance of a Notice of Relocation Assistance.
SECTION 5. TEMPORARY RELOCATION ASSISTANCE PAYMENT
If a tenant household is temporarily displaced for substantial rehabilitation for health
and safety and is not offered a comparable unit, the tenant household shall be entitled to
the following payment:
ii. $250 per day for the first 29 days of the temporary displacement period.
ii. For each day beyond the 29th day of the temporary displacement period, the
greater of (1) one thirtieth (1/30) of the monthly rent established by the lease
3
between the landlord and the tenant household, or (2) one thirtieth (1/30) of
the current monthly Fair Market Rent (FMR) published annually by the U.S.
Department of Housing and Urban Development for the San Francisco, CA
HUD Metro FMR Area, corresponding to the number of bedrooms in the
subject dwelling unit.
SECTION 6. ADMINISTRATIVE FEE
The property owner shall pay an administrative fee covering the actual cost of City
review of relocation assistance documentation. The fee will be calculated using the fully
burdened rate of staff reviewers and based on the time required for review.
SECTION 57. REPORTING
1. Not less than annually, the Community Development Department shall provide an
update and report to the City Council on pending Opportunity Zone projects. Where
possible, these updates and reports shall use publicly available information,
including but not limited to Planning and Building Applications for residential
development projects which may trigger a temporary relocation or no-fault eviction;
2. Number of “Notice of Relocation Assistance” filings;
3. Number of “Certification of Relocation Assistance” filings;
4. Renter Relocation Assistance Administrative fee payments; and,
5. Requests for Supplemental Renter Relocation Assistance.
SECTION 68. AMENDMENT
This Resolution and the amounts set forth in this Resolution may be amended by the
City Council in their sole discretion and at any time to ensure that the Resolution and the
amounts set forth herein are appropriate and effective.
I, LINDSAY LARA, City Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of
the Council of said City held on the 15th day of April 2024, by the following vote:
AYES: COUNCILMEMBERS: BUSHEY, HILL, KERTZ, LLORENS GULATI &
MAYOR KATE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Lindsay Lara, City Clerk