§ 8.22.430. When withdrawal is effective (except for eligible elderly or disabled tenants).

A.

For units not occupied by a tenant who has resided in the unit for at least one year and is either elderly (62 years or older) or disabled, the withdrawal of the rental units is effective not less than one hundred twenty (120) days from the delivery in person or by first-class mail to the Rent Adjustment Program all of the following (referred to together as the "Withdrawal Notices"):

1.

Written notice to the Rent Adjustment Program of the intent to withdraw the Rental Units. The notice must be signed under penalty of perjury and must include the following:

a.

Address and legal description of the subject property;

b.

Number of rental units being removed;

c.

The names of all tenants residing in the units being withdrawn; and

d.

The lawful rent applicable to each such unit paid on the date of the notice.

2.

A fee in an amount set by the City Council in the Master Fee Schedule to reimburse the city for the estimated direct and actual costs administering the withdrawal of the rental units.

3.

A conformed copy of a written summary of the notice of intent (Paragraph 8.22.430 A.1) recorded with the Alameda County Recorder and in a form prepared by the Rent Adjustment Program. The summary must contain such information as is prescribed by the Rent Adjustment Program to summarize the owner's notice of intent. This summary must not contain any of the information deemed confidential pursuant to Subsection 8.22.430 E.

4.

A certification under penalty of perjury that terminations of all tenancies for the units to be withdrawn have commenced in accordance with applicable law. Such notices may be served in any manner authorized for the service of a notice terminating tenancy under California Civil Code Section 1946. The notices terminating tenancy must contain the following information:

a.

That the owner is terminating the tenancy pursuant to this O.M.C. Article 8.22.400 and will provide the Rent Adjustment Program with the withdrawal notices required in Paragraph 8.22.430A.

b.

A summary of the specific information to be provided to the Rent Adjustment Program in that notice regarding the particular tenant's unit;

c.

That within thirty (30) days of receipt of notice to terminate, the tenant may notify the owner in writing that the tenant would be interested in re-renting the unit if it is re-offered for rent at a future time and advising the tenant to notify the owner of future address changes;

d.

A description of the following the includes the time frames for the tenant to provide notices to the owner:

i.

The right of a tenant to re-rent the withdrawn unit should it be re-offered for rent;

ii.

The right of tenants who are elderly or disabled to an extended withdrawal period; and

iii.

The right of tenants to relocation payments.

B.

Confidential Information. The following information submitted to the Rent Adjustment Program in compliance with this O.M.C. Article 8.22.400 is deemed confidential for purposes of the California Information Practices Act of 1977 (California Civil Code Section 1798, et seq.)

1.

The name or names of the tenants;

2.

The rent applicable to any residential rental unit to be withdrawn; and

3.

The total number of rental units to be withdrawn.

(Ord. No. 13358, § 1, 3-1-2016; Ord. 12539 § 1 (part), 2003)