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city council Meeting 6-10-86
Santa Monica, California
STAFF REPORT
TO:
Mayor and city Council
City Attorney
Ordinance Adding Chapter SB to Article IV
of the Santa Monica Municipal Code
Relating to Tenant Relocation Assistance
FROM:
SUBJECT:
INTRODUCTION
At its meeting on April 30, 1986, the City Council directed
the City Attorney to draft an ordinance requiring relocation
assistance for tenants evicted or otherwise displaced through no
fault of their own.
In response to this direction, the
accompanying ordinance has been prepared and is presented for
City Council consideration.
BACKGROUND
Studies have continued to show that many owner occupancy
evictions are fraudulent, thereby making relocation assistance an
attractive policy option as a deterrent to unwarranted evictions.
In addition, continued opposition to rent control, which has
manifested itself in the form of state legislation such as the
Ellis Act, makes relocation assistance a necessary component of a
rent control program to protect tenants who will be evicted
through no fault of their own.
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Both state and federal law establish relocation assistance
requirements in situations where federal or state agencies
acquire real property resulting in displacement of tenants. See
42 v.s.c. Section 4601 et seg.t California Government Code
Section 7260 et seq. Prior to eviction from a property that is
being acquired by a government agency for uses that require
tenant displacement, a payment must be made in either:
(1) the amount necessary to enable
such displaced person to lease or rent for
a period not to exceed four years, a
decent, safe, and sanitary dwelling of
standards adequate to accommodate such
person in areas
not
generally
less
desirable in regard to public utilities
and public and commercial facilities, and
reasonably accessible to his place of
employment, but not to exceed $4,000, or
(2) the amount necessary to enable
such person to make a downpayment . . . on
the purchase of a decent, safe, and
sanitary dwelling of standards adequate to
accommodate such person in areas not
generally less desirable in regard to
public utilities and public and commercial
facilities, but not to exceed $4,000,
except that if such amount exceeds $2,000,
such person must equally match any such
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amount in excess of $2,000, in making the
downpayment. 42 U.S.C. section 4624.
Similarly, state law establishes $4,000 as a required
relocation payment for displaced tenants. California Government
Code section 7264.
In addition, the state provides for payment
of actual and reasonable moving expenses. California Government
Code section 7262.
A number of other California cities already have relocation
ordinances similar to the one transmitted with this Staff Report.
A summary of the key provisions in some of those ordinances is
set forth below.
A. B~verly Hills.
In Beverly Hills, one of the provisions of the Rent
Stabilization ordinance provides that eligible tenants who are
evicted for owner-occupancy, demolition, substantial remodeling,
or condominium conversion are entitled to relocation benefits.
Benefits are determined according to the size of the unit:
Bachelor
1 + Bedroom
$1500
$1750
$2500
Single
A tenant who has lived in the unit for 2-1/2 years or
longer prior to receiving a notice to vacate is entitled to
receive full benefits. A tenant who has lived in the unit for
less than 2-1/2 years, but for more than 1 year, prior to
receiving a notice is entitled to receive one-half the amount of
the above benefits.
There is no condition that an eligible
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tenant be elderly or handicapped.
Ordinance No. 82-0-1876,
Chapter 6, Sec. 11-6.01.
B. Carson.
In furtherance of the purposes of its Mobilehome Act
Control Ordinance, Carson adopted an ordinance on September 20,
1985, which requires that an owner wishing to convert a
mobilehome park to another use must file a Relocation Impact
Report.
Based on this Report, relocation benefits are to be
determined on a case-by-case basis. In the only instance where
this ordinance has been relied on thus far, coach owners received
payments which included the complete cost of moving a coach to a
new site within 100 miles plus $600 in relocation benefits or a
cash payment of $1000 plus $100 for each year of residence in the
park. Ordinance No. 82-618.
C. Cotati.
In the City of cotati, the Land Use Ordinance provides that
the Planning Commission may require relocation assistance where
developments cause displacement. The language is permissive and
not mandatory. cotati Municipal Code section 17.30.070(L).
D. Los Angeles.
Pursuant
to
amendments
to
the
Los
Angeles
Rent
Stabilization Ordinance effective February 10, 1986, tenants who
are
evicted
for
owner-occupancy,
demolition,
substantial
rehabilitation ($10,000 per unit), or due to permanent removal of
rental housing from the market are entitled to receive relocation
benefits.
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Los
Angeles
divides
tenants
into
two
categories:
"qualified tenants" and "eligible tenants." Qualified tenants
are tenants who are either over 62 years of age, handicapped,
and/or have 1 or more dependent minor children. Eligible tenants
are all other tenants. Qualified tenants are entitled to $2500
in relocation benefits per unit: eligible tenants are entitled to
$1000 per unit.
Ordinance No. 160791, amending Los Angeles
Municipal Code Section 151.09.
E. San Francisco.
San Francisco's Rent Stabilization Ordinance does not
currently provide for relocation assistance, although City staff
is drafting proposals for consideration by the Board of
Supervisors.
San Francisco has a Rehabilitation Assistance
J?rogram (RAP) pursuant to which it provides loan assistance to
owners whose buildings are in need of substantial rehabilitation.
Where owners participating in the RAP evict persons for
rehabilitation purposes, payment of relocation benefits are
required. San Francisco Administrative Code, Chapter 32, Article
IX, Sec. 32.90.
F. West Hollywood.
As part of its Rent stabilization Ordinance, West Hollywood
provides for relocation assistance to tenants where evictions for
owner-occupancy occur and where foreclosure occurs as to a single
family home or condominium.
As in Beverly Hills, relocation
benefits are determined according to size of the unit:
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$1500
$1750
$2500
Bachelor Apartment
One Bedroom Apartment
Two or More Bedrooms
senior citizen or Handicapped
Tenant
$3000
condo unit Resulting from
Conversion in which Tenant Resided
Prior to Conversion
# of yrs of tenancy
X current rent or
relevant amount
according to size,
whichever is greater
West Hollywood Municipal Code sections 6412A.12 and 6412A.14.
SECTION BY SECTION ANALYSIS
A section-by-section analysis of the proposed ordinance
follows:
section 4850. Definitions. This Section defines terms as
they will be used in the proposed Chapter.
Most of the
definitions are the same or similar to the corresponding terms in
either TORCA or the Rent Control Law, except that the term
"rental housing unit" is defined to include both housing units
which are rent controlled and housing units which are offered for
rent but are exempt from rent control for one reason or another.
Section 4851. When Relocation Fee Required. This section
sets forth four instances in which landlords must provide
relocation assistance:
(1) where a landlord evicts pursuant to
the Ellis Act; (2) where a landlord evicts a tenant in order for
the landlord or relatives of the landlord to occupy the unit; (3)
where a landlord evicts to remove a unit from the rental housing
market; and (4) where a landlord evicts a tenant from a unit not
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subj ect to the Rent Control Law by means of an eviction notice
pursuant to Civil Code Section 1946.
Under this Section, relocation benefits will only be
provided in situations in which the eviction is not the result of
the conduct of the tenant. Thus, for controlled rental housing
units, a landlord who evicts a tenant for any of the reasons set
forth in subdivisions (a) through (g) of city Charter section
1806 will not be required to pay relocation benefits.
These
subdivisions permit evictions for a variety of reasons, including
non-payment of rent, failing to comply with the terms of a rental
housing agreement, and creating a nuisance.
In connection with uncontrolled rental housing units,
relocation benefits would be limited to those situations in which
a tenancy is terminated pursuant to Civil Code section 1946.
This Section generally provides that a month-to-month tenancy,
which is the most common residential tenancy, may be terminated
by a 30 day notice with no reason required to be given.
No relocation benefits would be required for evictions from
uncontrolled rental housing units for non-payment of rent,
failure to perform any covenant of the rental housing agreement,
including a covenant against subletting, committing waste,
maintaining a nuisance, or using the premises for an unlawful
act. In each of these situations, eviction may be commenced
pursuant to a three day notice under Code of civil Procedure
section 1161.
In addition, no relocation benefits would be required for
evictions from an uncontrolled rental housing unit following
expiration of a fixed term lease. In such a situation, no notice
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need precede the filing of an unlawful detainer action pursuant
to Code of civil Procedure Section 1161(1).
section 4852.
Notice to Tenants Beinq Displaced.
This
Section provides that upon service of a notice to terminate
tenancy for any of the reasons set forth in Section 4851, a
landlord shall also provide to tenants:
(1) a written statement
of the rights and obligations of tenants and landlords under this
ordinance; (2) a written statement informing the tenants that the
required relocation fee has been placed in an escrow account~ and
(3) a written statement of compliance with Section 4854. This
section requires that forms provided by the City shall be used by
landlords.
Section 4853.
Amount of Relocation Fee.
This section
provides three things. First, it provides a base relocation fee
in the amount of $4,000.00 per unit, regardless of the size of
the unit.
Second, this Section provides that where a housing
unit is furnished, $250.00 shall be deducted from the $4,000.00
relocation fee requirement. Third, this section provides that if
one or more of the displaced tenants is a senior citizen or
disabled person who occupied the rental housing unit prior to the
effective date of the ordinance, the relocation fee shall be
$5,000.00, rather than $4,000.00.
Section 4854.
Additional Fee for Required Counselinq.
This Section provides that for each unit from which tenants are
displaced pursuant to the reasons set forth in Section 4851, the
landlord shall pay a fee to the city in the amount of $250.00 to
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be used by the city to pay for counseling or other assistance
required by displaced tenants. In lieu of paying this fee, this
Section allows a landlord to obtain city approval of a
Displacement Plan; however, a review fee must be paid to the city
in the amount of $100.00 for each unit.
section 4855. Deposit of Relocation Fee into Escrow. This
Section provides that prior to service of a notice to terminate
tenancy for any of the reasons set forth in Section 4851, the
required relocation fees must be placed in an escrow account, or
other account approved by the city, for later distribution to
displaced tenants. This Section also provides that landlords are
responsible for all costs of opening an escrow account and
outlines the terms of the escrow instructions.
Section 4856. Payment to Displaced Tenants. This Section
establishes the procedure for payment of the relocation fee. It
also provides that a landlord may withhold from the relocation
fee the amount of any monetary judgment in favor of the landlord
arising out of an action to evict the tenant.
Section 4857.
Physical Relocation In Lieu of Fee.
This
section provides that in lieu of paying the relocation fee
required by this ordinance, a landlord may relocate a tenant into
a comparable replacement housing unit, in which case the landlord
shall be liable only for the actual costs of relocating the
tenant, except in circumstances proscribed by Section 1806(h) (2)
of the Rent Control Law. In addition, this Section provides that
if a tenant chooses to relocate into a non-comparable replacement
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unit pursuant to the terms of section l806(h) (2) of the Rent
Control Law, the landlord shall be liable only for the actual
costs of relocating the tenant.
section 4858.
Remedies.
This section provides that a
landlord must allege and prove compliance with the provisions of
the ordinance in any eviction action. This Section further
provides that any landlord who fails to provide the relocation
assistance required by this ordinance shall be liable to a tenant
in a civil action for the amount of the relocation fee, a civil
penalty of $500.00, attorneys' fees, and court costs.
Finally,
this section provides that any person violating any of the
provisions of this ordinance shall be guilty of a misdemeanor and
that no provision of the law may be waived.
Section
Enforcement.
4859.
Relocation
Due
to
Necessary
Code
This section provides that if a landlord is
required to recover possession of a rental housing unit in order
to comply with housing, health, or safety code requirements, or
if the tenant is required to vacate a unit upon order of any
governmental officer or agency, the landlord must pay for
reasonable costs of temporary accommodations for the displaced
tenant until such time as the displaced tenant is restored to
possession.
Section 4860.
Applicability of Relocation Assistance
Requirements as Provided in this Chapter. This Section provides
that the requirements in this Chapter apply not only to tenants
whose tenancies are terminated in the future for one of the
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reasons enumerated in Section 4851, but also to any tenants who
have already received eviction notices prior to the effective
date of the ordinance. In addition, this Section provides that
landlords who have already served tenants with eviction notices
for any of the reasons enumerated in Section 4951 must comply
with requirements involving deposit of relocation fees into
escrow and delivery of required notices to tenants within five
days of the effective date of the ordinance.
ANALYSIS OF ALTERNATIV~S
Administration
Administration entails distribution of information to the
public, availability to answer questions from the pUblic, and
approval of displacement plans submitted by landlords. The
ordinance submitted to the city Council provides that it will be
administered by the Community & Economic Development Department,
which has experience with relocation assistance in other
contexts.
Amount of Relocation Fee
The most controversial portion of this ordinance obviously
involves the setting of the amount of the relocation fee required
for tenants displaced from a particular unit. There are a number
of choices, and choices within choices. What must be borne in
mind is that the relocation fee that is set should represent both
moving costs and the cost of acquiring comparable housing to that
which the tenant had previously enjoyed.
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One option involves distinguishing required relocation fees
in accordance with the size of the housing unit from which a
tenant is being displaced.
It is the opinion of the city
Attorney that tenants evicted from any size unit, regardless of
the size, face a major problem in that they will be unable to
find comparable housing for a price comparable to that which they
were paying. There is a certain arbitrariness to distinguishing
between units based on their size.
This position underlies
federal and state law as well.
Nevertheless, a reasonable
alternative, differentiating between units based on their size,
would be as follows:
section 4851. Amount of Relocation
Fee.
(a) The relocation fee shall be
determined according to the size of the
rental housing unit as follows:
Housinq Unit Size
Relocation Fee
Bachelor or Single
One Bedroom
Two or More Bedrooms
$1,500
$1,750
$2,500
Another option involves differentiating the relocation fees
required depending upon the length of tenancy that existed prior
to displacement. While the psychological effects of displacement
may be much more serious for long term tenants, generally
speaking, the monetary effects of relocation are the same whether
a tenant moved in recently or not. The proposed ordinance does
not differentiate according to the length of tenancy. However,
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if the City Council wishes to do so, language such as the
following could be adopted as Section 4851(d):
(d) Where the tenancy has existed
for less than two (2) years on the date of
vacation of the rental housing unit, the
relocation fee shall be one-half (1/2) of
the amount set forth in subdivision (a).
Another way to address the determination of the relocation
fee that would differentiate between tenants based on the
duration of their tenancy would be as follows:
Section 4851. The relocation fee to
which a displaced tenant is entitled shall
be determined by multiplying the number of
months of tenancy times Fifty Dollars
($50.00) .
Yet another option which would differentiate the amount of
relocation fee payable to a displaced tenant depending on the
duration of a tenancy, would be to establish a base amount,
whether that amount varies with the size of the unit or not, and
to add the following language:
In addition, for each year of
tenancy beyond five (5) years, a displaced
tenant shall be entitled to an additional
five percent (5%) of the base relocation
fee.
Another option involves a calculation based on the
difference between the rent likely to be paid for comparable
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replacement housing and the rent currently being paid by the
displaced tenant:
Section 4851. The relocation fee to
which a displaced tenant is entitled shall
be determined by mUltiplying (number
of
years)
times
Dollars
(the
differential between the median rent in
Santa Monica and the median rent in the
Los Angeles area).
There has been much discussion about whether to provide an
added fee for displaced tenants who are senior citizens or
disabled persons. The argument that has been made against this
provision is that the existence of such a fee will be a strong
disincentive to landlords to rent to senior citizens or disabled
persons in the future. On the other hand, it can be documented
that displacement tends to have a disproportionally harsh effect
on senior citizens and disabled persons.
The Ci ty Attorney IS
proposed solution to this problem involves the provision of an
extra fee that will apply to seniors and disabled persons who
already occupy rental housing units in Santa Monica.
As to
seniors and disabled persons who move into Santa Monica in the
future, the added relocation fee does not apply.
Alternatives
include doing away with the added fee altogether or requiring an
additional fee where a displaced tenant is a senior or disabled
person, regardless of when they moved into the City.
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
Laurie Lieberman, Deputy City Attorney
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CA:RMM:lld084
City council Meeting 6-10-86
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 8B
TO ARTICLE IV OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO TENANT RELOCATION ASSISTANCE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 8B is hereby added to Article IV of the
Santa Monica Municipal Code to read as follows:
CHAPTER aB. TENANT RELOCATION ASSISTANCE.
Section 4850.
Definitions.
For
purposes of this Chapter, the following
words and phrases shall have the following
meaning:
(a) Disabled Person. Any person who
is receiving benefits from a Federal,
State, or local government, or from a
private entity on account of a permanent
disability that prevents the person from
engaging in regular, full-time employment.
(b) Displaced Tenant.
Any tenant
who vacates a rental housing unit in the
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ci ty for any of the reasons set forth in
section 4851.
(c) Landlord.
Any owner, lessor,
sublessor, or any other person entitled to
receive rent for the use and occupancy of
a rental housing unit, or any agent,
representative or successor of any of the
foregoing.
(d)
Rental
Housing unit.
A
housing unit in the city of Santa Monica
including a room in a single family home,
hotel or motel, roominghouse or apartment,
single family home, mobile home or mobile
home space, trailer or trailer space,
offered for rent, whether or not that unit
is a controlled rental unit pursuant to
Article XVIII of the city Charter.
(e) Senior
citizen.
Any person
sixty-two (62) years of age or older.
(f) Tenant. Any tenant, subtenant
lessee, sublessee, or any other person
entitled under the terms of a rental
housing agreement to the use or occupancy
of a rental housing unit.
Section 4851. When Relocation Fee
Required. A relocation fee shall be paid
in accordance with the provisions of this
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Chapter by any landlord who terminates a
tenancy for any of the following reasons:
(a) The landlord seeks to withdraw
all rental housing units from the rental
housing market as provided in Government
Code section 7060 ~ seq.
(b) The landlord seeks to recover
possession of a rental housing unit
pursuant to section l806(h) or Section
1806(i) of the city Charter.
(e) The landlord seeks to recover
possession to demolish or otherwise remove
a rental housing unit from residential
rental housing use after having obtained
all proper permits from the city.
Cd) The landlord seeks to recover
possession in accordance with California
civil Code section 1946 of a rental
housing unit that is not a controlled
rental unit pursuant to Article XVIII of
the City Charter.
The fee required by this Chapter
shall be due and payable to a displaced
tenant whether or not the landlord
actually utilizes the rental housing unit
for the purposes stated in the notice of
eviction.
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Section 4852.
Notice to Tenants
Beinq Displaced. Any notiee to terminate
a tenancy which is served upon tenants for
any of the reasons set forth in Section
4851 shall be accompanied by the following
on the form provided by the city:
(a) A written statement of the
rights and obligations of tenants and
landlords under this Chapter.
(b) A written statement informing
the tenants that the required relocation
fee has been placed in an escrow aceount
or other account approved by the City.
(c) A written statement that the
landlord has complied with Section 4854.
If the landlord has complied with Section
4854 by obtaining city approval of a
Displacement Plan, a copy of the
Displacement Plan shall accompany the
written statement.
Section 4853. Amount of Relocation
Fee. The amount of relocation fee payable
pursuant to the provisions of this Chapter
shall be determined as follows:
(a)
($4,000.00)
Four
Thousand
Dollars
for each rental housing unit
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from which any tenant is displaced for any
of the reasons set forth in seetion 4851.
(b) If the rental housing unit from
whieh the tenant is being evicted is
furnished, $250.00 shall be deducted from
the amount set forth in subdivision (a) of
this section. For purposes of this
subdivision, a rental housing unit shall
be considered to be furnished if the
landlord
has
provided
substantial
furnishings in each occupied room of the
rental housing unit.
(e) If one or more of the displaced
tenants is a senior citizen or disabled
person who occupied the rental housing
unit on or before the effective date of
this Chapter,
be added to
an additional $l,OOO shall
the amount set forth in
subdivision (a) of this section.
Section 4854. Additional Fee for
Required Counselinq.
(a) For each rental housing unit
from which tenants are displaced for any
of the reasons set forth in Section 4851,
prior to service of a notice to terminate
tenancy, the landlord shall pay a fee to
the City in the amount of $250.00 to be
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used by Ci ty to pay for counsel ing or
other assistance required by displaced
tenants as a result of displacement.
(b) In lieu of the fee required by
subdivision
(a)
of this Section,
a
landlord may prepare a Displacement Plan
which must be approved by the Communi ty
and Economic Development Department prior
to service of a notice to terminate
tenancy.
identify
The
the
Displacement Plan
special needs of
shall
the
displaced tenants, identify the types of
assistanee that will be provided and
include a commitment to pay for any such
assistance. At the time of submitting the
Displacement Plan to the City for review
and approval, the landlord shall pay a fee
to the city for such review and approval
in the amount of $100.00 for each rental
housing unit.
Section 4855. Deposit of Relocation
Fee into Escrow.
(a) The relocation fee required by
this Chapter shall be placed in an escrow
account prior to service upon any tenant
of a notice to terminate tenancy for one
of the reasons set forth in Section 4851.
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All costs of an escrow opened pursuant to
the provisions of this section shall be
borne by the landlord.
(b) The escrow instructions shall
provide that monies deposited in the
escrow aceount shall only be distributed
to displaced tenants in accordance with
the instructions of the landlord and that
no monies deposited in escrow may be
returned to the landlord without the
written approval of the city.
(c) In lieu of deposit of the
relocation fee in an escrow account, a
landlord may deposit the fee in another
account approved by the city.
section 4856.
Tenants.
(a) Within two days of the vacation
Payment to Displaced
of the rental housing unit, the landlord
shall deliver written instruction to the
escrow holder to distribute the amount of
the relocation fee to the displaced tenant
or displaced tenants of such rental
housing unit. The instructions shall
direct the escrow holder to make the
distribution within three days of delivery
of the instructions.
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(b) The entire fee shall be paid to
a tenant who is the only displaced tenant
in a rental housing unit. If a rental
housing unit is occupied by two or more
displaced tenants, the relocation fee
shall be paid to all displaced tenants
jointly. In no event shall a landlord be
liable to pay a total amount more than the
fee required by Section 4853 of this
Chapter for one rental housing unit I and
the landlord shall have no responsibility
or liability for disputes between
displaced tenants over allocation of the
relocation fee between such displaced
tenants.
(c) In the event the landlord is
required to commence a legal action to
recover possession of the rental housing
unit, the landlord may instruct the escrow
holder to withhold from distribution to
the displaced tenant or displaced tenants
of sueh rental housing unit the amount of
any unsatisfied monetary judgment entered
in such action in favor of the landlord.
Upon the judgment becoming final, the City
shall authorize the escrow holder to
return to
withheld.
the
landlord
the
amount
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section 4857. Physical Relocation
In Lieu of Fee.
(a) In lieu of the relocation fee
required by Sections 4853 and 4854, the
landlord may, at the landlord's option,
relocate the displaced tenant into a
comparable replacement housing unit
satisfactory to the tenant, in which event
the landlord shall be liable only for the
actual costs of relocating the tenant,
except that this section shall not
abrogate any rights already created by
seetion 1806 (h) (2) of the City Charter.
A tenant shall not unreasonably withhold
approval of a comparable replacement
rental housing unit offered by the
landlord. For purposes of this section, a
replacement unit shall be comparable to
the existing unit if both units are
comparable in size, price, location,
proximity to medical and recreational
facil i ties I parks , community centers,
shops, transportation, schools, churches
and synagogues, amenities, and if the
tenant desires, location of the rental
unit in the City of Santa Monica.
(b) If a tenant displaced for the
reason set forth in Section 4851(b),
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elects to occupy a non-comparable vacant
unit on the same property from which that
tenant is being displaced, pursuant to the
terms set forth in section l806(h) of the
City Charter, in lieu of the relocation
fee required by seetions 4853 and 4854,
the landlord shall only be liable for the
actual costs of relocating the tenant.
Section 4858. Remed~es.
(a) In any action by a landlord to
recover possession of a rental housing
unit for one of the reasons set forth in
section 4851, the landlord shall allege
and prove compliance with this Chapter.
(b) Any landlord who fails to
provide monetary relocation assistance as
required by Sections 4853 and 4854 of this
Chapter shall be liable in a civil action
to the tenant to whom such assistance is
due for damages in the amount of the
relocation fee the landlord has failed to
pay, a civil penalty in the amount of
$500.00, and reasonable attorney's fees
and costs as determined by the court.
(c) Any person violating any of the
provisions or failing to comply with the
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requirements of this Chapter shall be
guilty of a misdemeanor.
(d) No landlord shall attempt to
secure from a tenant any waiver of any
provision of this Chapter. Any agreement,
whether written or oral, whereby any
provision of this Chapter is waived, shall
be deemed against public policy and shall
be void.
section 4859.
Relocation Due to
Necessary Code Enforcement. If a
landlord is required to recover possession
of a rental housing unit in order to
comply with local housing, health, or
safety laws, or if a tenant is required to
vacate a unit upon the order of any
government officer or agency, the landlord
shall be responsible for the reasonable
cost of temporary aceoInIllodations for the
displaced tenant necessitated by such
recovery of possession until such time as
the tenant is restored to possession. In
the event that the tenancy of such person
is subsequently terminated for one of the
reasons set forth in section 4851, the
landlord shall pay the relocation fee
required by Sections 4853 and 4854 and the
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landlord shall have no further obligation
for temporary accommodations under this
Section.
Section
4860.
Applicability of
Relocation Assistance Requirements as
Provided in this Chapter.
(a) The relocation
assistance
requirements set forth in this Chapter
shall apply to any tenant in possession of
a rental housing unit on or after the
effective date of this Chapter, including
any tenant who has been served with a
notice to terminate tenancy for one of the
reasons set forth in Section 4851 prior to
the effective date of this Chapter.
(b) The landlord shall comply with
the requirements contained in sections
4852, 4854, and 4855 within five days of
the effective date of this Chapter in the
event that a notice to terminate tenancy
for one of the reasons set forth in
section 4851 has been served on a tenant
prior to the effective date of this
Chapter.
(c) Nothing in this Chapter shall
limit the amount of the relocation fee
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that the City Council may require under
Government Code section 65863.7.
SECTION 2.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconsti tutional by a decision of any court of competent
jurisdiction, such deeision shall not affect the validity of the
remaining portions of the ordinance.
The ci ty Council hereby
declares that it would have passed this ordinanee and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
The ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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