§ 15.60.020. Findings.

This chapter is enacted in recognition of the following facts and for the following reasons:

A.

Some residential rental units, single room occupancy buildings, live-work spaces, and unpermitted or "illegal" units in Oakland have been found to have severe code violations which threaten the life and safety of occupants. The hazardous living conditions often require that the tenant vacate the structure to allow for extensive repairs or demolition of the structure.

B.

These code violations are often caused by the negligence, deferred maintenance, or the illegal use of the structure as a residence created or permitted by the property owner. Code violations may breach the owner's implied warranty of habitability, and could constitute constructive eviction of the tenant household from its residence.

C.

The difficulty of finding affordable replacement housing and the burden of incurring moving-related expenses creates a financial hardship for tenant households, particularly those who are low-income.

D.

Relocation benefits and assistance are necessary to ensure that displaced tenants secure safe, sanitary and decent replacement housing. This is consistent with the goals enunciated in the city's housing element to its general plan to remove dilapidated housing units only if adequate and affordable relocation housing is available to occupants, and to prevent homelessness. This policy is also consistent with and in furtherance of state housing goals.

E.

Property owners who fail to properly maintain residential rental properties, and/or create residential units illegally should bear responsibility for the hardships their actions (or lack of action) create for the tenant. Relocation is a necessary cost of code enforcement that should be the responsibility of the property owner, and the city should be reimbursed by the responsible owner for any of these costs that it incurs in the code enforcement process.

F.

The requirement to pay relocation costs under this Chapter will encourage property owners to correct code violations and protect the public health, safety, and general welfare of the residents of the city.

G.

The level of payments provided for in this Chapter is reflective of the actual costs of relocation likely to be incurred by displaced tenant households—in particular, moving costs and the cost of first and last months' rent, as well as other costs, both monetary and nonmonetary, associated with involuntary dislocation.

H.

O.M.C. 8.22.360 et seq. permits an owner to evict tenants for cause when the owner seeks to undertake substantial repairs necessary to bring the property into compliance with codes and laws that affect the health and safety of tenants, whether or not the owner initiates the repairs in response to City or Court notices or declarations. This Ordinance is intended to comply with, and complement, that O.M.C. 8.22.360 et seq.

(Ord. No. 13417, § 1, 1-31-2017; Ord. No. 13416, § 2, 1-23-2017)