HomeMy WebLinkAboutCC Resolution 14895 (Opportunity Zone Renter Relocation Payment Amounts)1
RESOLUTION NO. 14895
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ESTABLISHING RELOCATION ASSISTANCE PAYMENT AMOUNTS 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, in adopting Ordinance No. 1992, the City Council made numerous
findings regarding the disproportionate impacts that no-fault evictions have on older
adults, disabled, and low-income tenants and tenants with minor children, justifying
additional payments for households with these tenants; 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 relocation
assistance payments and requires that the relocation assistance required by the
Ordinance include payments for security deposit, moving expenses, and per diem; and
WHEREAS, this Resolution establishes the payment amounts for security
deposit, moving expenses, and per diem; and
WHEREAS, the City Council finds that property owners generally require an
incoming tenant to make a security deposit payment equal to one month’s rent upon
execution of a rental lease agreement, therefore the relocation assistance should
include an amount to compensate tenants for this cost; and
WHEREAS, the City Council finds that: rental lease agreements generally
commence on the first day of the month following their execution, and tenants often
must find temporary housing for the period between the date the new lease agreement
is executed and the date on which the tenancy commences; and the November 2019
Marin County Visitor’s Bureau’s State of the Visitor Industry in Marin County Economic
Report found that visitors to Marin County spend on average $147 when they stay
overnight; therefore the relocation assistance should include an amount to compensate
tenants for this cost; and
WHEREAS, the City Council finds that a 2019 Zillow research study found that
the average moving cost: for a 1-bedroom apartment ranged from $200 to $500; for a 2-
bedroom apartment ranged from $400 to $700; for a 3-bedroom apartment ranged from
$560 to $1,000; and for a 4-bedroom apartment ranged from $800 to more than $2,000;
and
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WHEREAS, the City Council finds and declares that without robust reporting
requirements in the Tax Cuts and Jobs Act, the City Council, staff, and community at
large have no means to track or be notified of pending Opportunity Zone projects; and
WHEREAS, the City Council declares it is in the best interest of the City to
understand when Opportunity Zone projects are implemented within the City because
these projects may increase the likelihood of no-fault evictions leading to the
displacement of marginalized tenants; and
WHEREAS, in order to ensure the City is better apprised of the implementation
of Opportunity Zone projects, the City Council desires to receive periodic updates and
reports on pending Opportunity Zone projects;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby adopts the following relocation assistance payment amounts and
reporting requirements:
SECTION 1. SECURITY DEPOSIT
A 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 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
A 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
A 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.
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SECTION 5. 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 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 6. 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 March 2021, by the following vote:
AYES: COUNCIL MEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Lindsay Lara, City Clerk