§ 16.36.030. Notice to prospective tenants.

Commencing at a date not less than sixty (60) days prior to the filing of a tentative map or tentative parcel map, the subdivider shall give notice of such filing, in the form shown below, to each person applying after such date for rental of a unit in the building to be converted. This notice must be given to the prospective tenant prior to the acceptance of any rent or deposit from said prospective tenant.

The notice shall read as follows:

To the prospective occupant(s) of

___________
(Address)

The owner(s) of this building, at (address), has filed or plans to file an application for a (tentative map or tentative parcel map) with the City to convert this building to a (condominium, community apartment, or stock cooperative project). No units may be sold in this building unless the conversion is approved by the City of Oakland and, if five (5)or more units are involved, until after a public report is issued by the Bureau of Real Estate. If you become a Tenant of this building, you shall be given notice of each hearing for which notice is required pursuant to Government Code Sections 66451.3 and 66452.5, and you have the right to appear and the right to be heard at any such hearing.

_____
(signature of owner or owner's agent)

_____
(date)

I have received this notice on

___________
(date)

___________
(prospective tenant's signature)

Prospective tenants shall also receive all accompanying documents described in Section 16.36.020 and all documents set forth in Sections 16.36.040 and 16.36.050.

If the subdivider fails to give timely notice pursuant to this Section, he or she shall pay to each prospective Tenant (1) who becomes a Tenant and who was entitled to such notice; and (2) who does not purchase his or her unit pursuant to Section 16.36.040 and vacates, an amount equal to the amounts set forth below:

a.

Tenants who vacate for Code Compliance repairs shall be paid relocation payments pursuant to O.M.C. Chapter 15.60.

b.

Tenants who vacate for any other reason, unless evicted for Tenant fault, shall be paid relocation payments in amounts pursuant to O.M.C. Section 8.22.820. The owner shall make the payment directly to an eligible Tenant Household no later than ten (10) days before the expected vacation date. If less than ten (10) days' advance notice of vacation is given, then the payment by the owner to the Tenant Household is due no later than the actual time of vacation.

c.

A Tenant who is also eligible for relocation under the City of Oakland's code compliance relocation program (O.M.C. Chapter 15.60), must elect for either relocation payments under this Section or O.M.C. Chapter 15.60 and may not receive relocation payments under both.

d.

A Tenant who is also eligible for relocation assistance under Section 16.36.050 (Preliminary Tenant Assistance Program) must elect for either relocation payments under this Section or Section 16.36.050, and may not receive relocation payments under both.

(Prior code § 7-7.03; Ord. 13468, § 5, 1-16-2018)