§ 15.60.040. Tenant eligibility.  


Latest version.
  • A.

    A tenant household shall be eligible for relocation payments from a property owner under this Chapter if the tenant household is displaced from its rental unit or room due to the city or owner's code compliance activities. For purposes of this Chapter, a tenant household shall be deemed to be displaced from its rental unit or room due to code compliance activities if such household either:

    1.

    Receives a notice to vacate from the property owner who, after having obtained all necessary permits from the City of Oakland on or before the date upon which the notice to vacate is given, seeks in good faith to undertake substantial repairs that cannot be completed while the unit is occupied, and that are necessary either to bring the property into compliance with applicable codes and laws affecting health and safety of tenants of the building, or under an outstanding notice of code violation affecting the health and safety of tenants of the building;

    2.

    Vacates its unit or room (whether or not the property owner requires vacation) after (a) the city or a court has issued by a notice to vacate, notice to abate life-threatening condition, or declaration of substandard covering that unit or room, and (b) the abatement period has expired without correction of the noncomplying condition (if a time period to abate the noncomplying condition is specified in such notice or declaration and the city or court does not order earlier vacation); or

    3.

    Vacates its unit or room because the property owner seeks to cause the unit or room to be vacated due to the existence of conditions for which the city or a court could issue a notice to vacate, notice to abate life-threatening condition, or declaration of substandard covering that unit or room, but the city or a court has not yet done so.

    B.

    Notwithstanding the above, a tenant household shall not be deemed to be displaced due to code compliance activities in any of the following cases:

    1.

    The property owner can demonstrate by clear and convincing evidence that vacation of the unit or room was due primarily to a cause other than either (a) the noncomplying condition, (b) the city's or court's determination that the rental unit, room, or building was a noncomplying building or unit, or (c) the need to make repairs to rectify any noncomplying condition;

    2.

    The property owner can demonstrate by clear and convincing evidence that the noncomplying condition was created by the tenant household or the tenant household's guests or invitees, and was not created by the property owner or the owner's agent, or the City Administrator determines that the tenant household occupied the rental unit or room for the purpose of receiving relocation benefits;

    3.

    The property owner can demonstrate by clear and convincing evidence that the tenant household unreasonably prevented the owner or the owner's agent from undertaking maintenance or repairs that would have prevented or rectified the noncomplying condition;

    4.

    All noncomplying conditions are corrected, as determined by the city, prior to the time the tenant household has taken definitive steps to move;

    5.

    The notice to vacate, notice to abate life-threatening condition, or declaration of substandard is rescinded or withdrawn by the city or the court or is overturned on appeal prior to the time the tenant household has taken definitive steps to move;

    6.

    The property owner offers in writing to move the tenant household immediately at the property owner's expense into a replacement unit or room in the same building, and all of the following are true: (a) the replacement unit or room is at least substantially comparable in size, condition, and amenities as the former unit or room, (b) the replacement unit or room complies with all applicable zoning, building, and housing codes, (c) the replacement rent is no greater than the rent charged for the former unit or room, and (d) the offer was made prior to the time the tenant household had taken definitive steps to move; or

    7.

    The tenant household is required to vacate the unit or room due solely to damage resulting from an earthquake, fire, flood, natural disaster, civil disturbance, or accident outside the control of the property owner, if (a) the vacation is required within six months of such event, and (b) the property owner can demonstrate that such damage was not caused by the acts or the negligence of the property owner or by a preexisting condition in the building in violation of applicable building, housing, fire, or other health and safety codes.

    C.

    Any provision of a lease or rental agreement for a rental unit or room in which the tenant household agrees to modify or waive any of its rights under this Chapter, including its rights to relocation payments, shall be void as contrary to public policy.

    D.

    Property owners may not ask or require tenants to waive any other rights as a condition of receiving relocation payments.

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