Loading...
SR-8-A (16) " \, 3--,A JlJH 10 . '- e e , It D \~ M'-t CA:RMM:reloc1/hpc 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. - 1 - 'i-It '~, 10 111 '. ~ e e 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 - 2 - e e 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 - 3 - e e 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. - 4 - e e 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: - 5 - e e $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 - 6 - e e 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 - 7 - - e 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 - 8 - e e 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 - 9 - e e 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 - 10 - e e 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. - 11 - e - 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, - 12 - e e 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 - 13 - e e 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. - 14 - e e 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 - 15 - e e 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 - 1 - e e 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 - 2 - e e 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. - 3 - e e 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 - 4 - e e 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 - 5 - e e 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. - 6 - e e 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. - 7 - e e (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 - 8 - e e 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), - 9 - e e 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 - 10 - ~ e e 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 - 11 - .. e e 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 - 12 - ,. e e 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: ~ """. h-'Q::::::: ROBERT M. MYERS City Attorney - 13 -