Oakland |
Code of Ordinances |
Title 15. BUILDINGS AND CONSTRUCTION |
Chapter 15.60. CODE COMPLIANCE RELOCATION PROGRAM |
§ 15.60.110. Amount of relocation payments.
A.
Permanent Displacement. An eligible Tenant Household who will experience permanent displacement as defined above shall receive a monetary relocation payment from the property Owner equal to the Relocation Payment amounts set forth in O.M.C. 8.22.820, including the additional payments for Tenant Households that include lower income, elderly or disabled Tenants. and/or minor children as set forth in O.M.C. 8.22.820(B).
1.
A Tenant whose household qualifies for the additional payment as set forth in O.M.C. 8.22.820 B. may request it from the Owner, provided the Tenant gives written notice of his or her entitlement to such payments to the Owner within thirty (30) days following the Tenant Household's actual vacation of the unit or room.
2.
An owner who, reasonably and in good faith, believes that a tenant does not qualify for the additional payment, may request documentation from the tenant demonstrating the tenant's qualification. Such documentation may not include any document that is protected as private or confidential under and state, local or federal law. The owner's request must be made within fifteen (15) days after receipt of the tenant's notification of eligibility for the additional payment. The tenant has thirty (30) days following receipt of the owner's request for documentation to submit documentation. The owner must keep the documents submitted by the tenant confidential unless there is litigation or administrative proceedings regarding the tenant's eligibility for relocation payments or the documents must be produced in response to a subpoena or court order, in which case the tenant may seek an order from the court or administrative body to keep the documents confidential. Examples of the types of evidence that may be used to present a claim that a household is entitled to an extra payment based on a tenant's disability status may be in the form of a statement from a treating physician or other appropriate health care provided authorized to provide treatment, such as a psychologist. A tenant may also submit evidence of a medical determination from another forum, such as Social Security or worker's compensation, so long as it includes the fact that the tenant has a disability and its probable duration.
B.
Temporary displacement. An eligible tenant household who will experience temporarily displacement as defined above shall receive monetary relocation payment or payments from the property owner to cover the tenant household's actual and reasonable moving expenses and temporary housing accommodations costs directly incurred as a result of the temporary displacement. "Moving expenses" shall include the cost of removing, transporting, and/or storing the tenant household's personal property during the displacement period, and "temporary housing accommodations costs" shall include the cost of rental payments and hotel or motel payments during the displacement period. In no event shall the property owner be liable for making payments in excess of the amount the tenant household would receive in the case of permanent displacement as set forth in subsection A of this Section.
C.
Immediate Vacation. When the condition of a room or rental unit is a danger to the public health and safety such that the city requires immediate vacation, i.e., vacation with less than thirty (30) days advance notice either from the city or from the property owner to the tenant household of the need to vacate, an eligible tenant household displaced from such a room or unit shall be entitled to an additional payment from the property owner in the amount of five hundred dollars ($500.00), in addition to the amounts set forth above. Such additional payment is intended to compensate the tenant household for the additional costs associated with short-notice moves and the added inconvenience of such moves.
D.
Payments for relocation shall not be considered by the city as income or assets for any government benefits program.
(Ord. No. 13417, § 1, 1-31-2017; Ord. No. 13416, § 2, 1-23-2017; Ord. 13468, § 4, 1-16-2018)