§ 8.22.450. Relocation payments.

A.

Tenant Households who are required to move as a result of the Owner's withdrawal of the accommodation from rent or lease shall be entitled to a relocation payment from the Owner equal to Relocation Payment amounts set forth in O.M.C. 8.22.820 A. The payment shall be divided equally among all Tenants occupying the Rental Unit at the time of service on the Tenants of the notice of intent to withdraw the unit from rent or lease. Once notice of withdrawal of the accommodation from rent or lease has been given to the Tenant, the Owner is obligated to make the relocation payments.

B.

Tenant Households in Rental Units withdrawn from the residential market that include lower income, elderly or disabled Tenants, and/or minor children shall be entitled to a single additional relocation payment equal to the additional Relocation Payment amounts set forth in O.M.C. 8.22.820 B. If a household qualifies for this additional payment, the payment shall be divided equally among eligible (lower-income, elderly, disabled, parents/guardians of minor children) Tenants.

C.

A tenant whose household qualifies for the additional payment may request it from the owner, provided the tenant gives written notice of his or her entitlement to such payments to the owner within sixty (60) days of the date of delivery to the Rent Adjustment Program of the Withdrawal Documents.

D.

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 income qualification. Such documentation may not include any document that is protected as private or confidential under any 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 include evidence that a tenant has a qualifying disability may be in the form of a statement from a treating physician or other appropriate health care provider 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.

E.

Time for payment.

1.

The owner must pay the tenant half of the relocation payment provided for in Section 8.22.450(A) when the termination notice is given to the household and the remaining half when the tenant vacates the unit provided that the tenant agrees, in writing, not to contest an unlawful detainer based on the notice to terminate tenancy for the withdrawal of the tenant's rental unit. If the tenant does not so agree, then the entirety of the relocation payment is not due unless the owner prevails in the unlawful detainer. If the owner prevails in the unlawful detainer, the relocation payment must be paid to the tenant prior to the owner seeking a writ of possession for the tenant to vacate the withdrawn unit.

2.

The owner must pay the tenant the additional payment provided for in Section 8.22.450(B) within fifteen (15) days of the tenant's notice of eligibility or the tenant supplying documentation of the tenant's eligibility.

F.

Failure to make the relocation payments in the manner and within such times as prescribed in this Section 8.22.450 is not a defense to an unlawful detainer action. However, if an owner fails to make the relocation payment as prescribed, the tenant may file an action against the owner and, if the tenant is found eligible for the relocation payments, the tenant will be entitled to recover the amount of the relocation payments plus an equal amount as damages and the tenant's attorney's fees. Should the owner's failure to make the payments as prescribed be found to be in bad faith, the tenant shall be entitled to the relocation payments plus an additional amount of three times the amount of the relocation payments and the tenant's attorney's fees.

G.

A tenant who is eligible for relocation payments under state or federal law, is not also entitled to relocation under this section. A tenant who is also eligible for relocation under the City of Oakland's code enforcement 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 collect relocation payments under both.

H.

The regulations may provide procedures for escrowing disputed relocation funds.

(Ord. No. 13358, § 1, 3-1-2016; Ord. 12539 § 1 (part), 2003; Ord. 13468, § 3, 1-16-2018)