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HomeMy WebLinkAboutOrdinance 2034 (Anti-Displacement Urgency Ordinance and Temporary Relocation Assistance for the Canal Opportunity ZoneCLERK’S CERTIFICATE I, LINDSAY LARA, Clerk of the City of San Rafael, and Ex-Officio Clerk of the Council of said City, do hereby certify that the foregoing: 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” is a true and correct copy of an Ordinance of said City, and was passed and adopted as an Urgency Ordinance at a REGULAR meeting of the City Council of said City, held on 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 WITNESS my hand and the official Seal of the City of San Rafael this 16th day of April 2024 Lindsay Lara, City Clerk 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." Created: 2024-01-05 11:50:15 [EST] (Supp. No. 36, Update 2) Page 2 of 10 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. 4858-6310-0339 v1 Created: 2024-01-05 11:50:15 [EST] (Supp. No. 36, Update 2) Page 3 of 10 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 Created: 2024-01-05 11:50:15 [EST] (Supp. No. 36, Update 2) 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 Created: 2024-01-05 11:50:15 [EST] (Supp. No. 36, Update 2) 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. Created: 2024-01-05 11:50:15 [EST] (Supp. No. 36, Update 2) Page 6 of 10 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: Created: 2024-01-05 11:50:15 [EST] (Supp. No. 36, Update 2) Page 7 of 10 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. Created: 2024-01-05 11:50:15 [EST] (Supp. No. 36, Update 2) Page 8 of 10 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. Created: 2024-01-05 11:50:15 [EST] (Supp. No. 36, Update 2) Page 9 of 10 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) 4858-6310-0339 v1 Created: 2024-01-05 11:50:15 [EST] (Supp. No. 36, Update 2) Page 10 of 10 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.