§ 8.48.080. Relocation assistance.

A.

Applicability. This section shall not apply if the rental unit was rented to all of the current tenants of such unit subsequent to their receipt of the notice of intention to convert under subsection B of Section 8.48.060.

B.

Covenant and Agreement. The advisory agency shall require, as a condition of map approval, or the approving agency shall require, as a condition of a conditional use permit approval, that the applicant of an application to convert, execute and record a covenant and agreement, in a form satisfactory to the advisory agency, or approving agency, binding the applicant and any successor in interest to provide relocation assistance in a manner consistent with this section. The covenant and agreement shall be executed and recorded, and a copy provided to each tenant. The covenant and agreement shall run to the benefit of eligible tenants, and shall be enforceable by the tenants or by the county.

C.

Assistance in Locating Comparable Unit. The covenant and agreement shall provide that the applicant will assist each tenant eligible for assistance under subsection A of this section in finding a comparable replacement rental unit. Comparability shall be determined from the following factors: size, price, location, and amenities. A unit is not comparable if it is located in a building for which an application for conversion purposes has been filed with any governmental agency. Such assistance shall be available to all eligible tenants within 10 days of the date on which the notice required by Government Code Section 66427.1 is sent to each tenant. Such assistance shall include, at a minimum, the following:

1.

Making available to each tenant an updated report concerning the availability of comparable rental housing in the area of the tenant's present unit;

2.

Driving tenants without cars, and assisting tenants with cars, in order to inspect units.

D.

Until each tenant is successfully relocated pursuant to the provisions of this section, the tenants shall be permitted to reside in the unit presently occupied in the conversion project; provided, however, the applicant is not required to consent to continue tenancy beyond the later of:

1.

12 months from the date of tentative tract map or tentative parcel map approval or conditional use permit approval; or

2.

120 days after the date on which the notice of intent to convert required by Government Code Section 66427.1 is given to all tenants; or

3.

The receipt by the subdivider of the final subdivision report from the department of real estate.

E.

An eligible tenant may be evicted, except as provided in subsection C above, for the following reasons only:

1.

The tenant has failed to pay the rent to which the landlord is entitled;

2.

The tenant has violated an obligation or covenant of the tenancy, other than the obligation to surrender possession upon proper notice, and has failed to cure such violation after having received written notice thereof from the landlord;

3.

The tenant is committing or permitting to exist a nuisance in, or is causing damage to, the rental unit or to the appurtenances thereof or to the common area of the property containing the rental unit, or is creating an unreasonable interference with the comfort, safety or enjoyment of any of the other residents of the same or any adjacent building;

4.

The tenant is using or permitting a rental unit to be used for any illegal purpose;

5.

The tenant who had a written lease or rental agreement which terminated on or after the effective date of the provisions codified in this chapter, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration with similar provisions and in such terms as are not inconsistent with or violative of any provision of this chapter;

6.

The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee;

7.

The person in possession of the rental unit is a subtenant not approved by the landlord where such approval is required by a rental agreement.

F.

Moving Costs. The covenant and agreement shall provide that the applicant shall pay $500.00 to each household to cover moving costs, said amount to be paid on or before the date the unit is vacated.

G.

Compensation for Anticipated Rent Increases. The covenant and agreement shall provide that the applicant shall pay to each household, at the time a unit is vacated $1,000.00 or at the tenant's election, a sum equal to the current monthly rental times the number of years or portions thereof a tenant has occupied the unit, if, at the time the unit was vacated, it was subject to Sections 3 and 4 of Ordinance 11950, the County Rent Regulation Ordinance, codified at Sections 8.52.030 and 8.52.040.

(Ord. 83-0158 §§ 5—-8, 1983; Ord. 12100 §§ 2 and 3, 1980: Ord. 12072 § 1, 1980; Ord. 12052 § 2, 1979; Ord. 12043 § 5, 1979.)