The Tenant Relocation Assistance Ordinance became effective on October 18, 2017.
For Frequently Asked Questions click here.
Tenants are eligible for and entitled to relocation assistance if the termination of tenancy is due to “landlord-caused termination.” The Ordinance defines a “landlord-caused termination” as a landlord taking action to terminate the tenancy of a tenant occupying residential property. This includes a landlord increasing rent to greater than 12% from the base rent during a twelve-month period and the tenant elects to not remain in the residential property.
Exceptions to “landlord-caused termination” include the following:
Prior notice of renovations where the landlord notifies the tenant, before entering into a lease, of his/her intent to remodel the property. (The landlord must submit plans with the City at the time he/she notifies the tenant of the termination of tenancy)
Tenant Relocation Assistance requirements apply to any residential rental unit that is in a parcel that contains 2 or more tenant occupied housing units (e.g., duplexes, triplexes, fourplexes and multifamily residential property with 5 or more rental units). Mobile homes are subject to Tenant Relocation Assistance only if a tenant rents the mobile housing unit itself. Below are rental housing types that are exempt from Tenant Relocation Assistance:
Tenants with “special-circumstance household” members are entitled to additional tenant relocation assistance (see “Relocation Assistance Amounts” section below). “Special-circumstance household” is defined as “a tenant or anyone else authorized by the landlord” to occupy the rental unit based on the following characteristics: at least one resident is 62 years of age or older, or at least one resident qualifies as a person with disabilities under State law, or at least one or more residents is under 18 years of age.
Eligible tenants will receive the higher of: three times the monthly rent that the tenant is currently paying; *OR* three times the current Fair Market Rent for the Oakland-Fremont metropolitan area. A special-circumstance household may receive an additional $1,000 per rental unit. A landlord shall provide total relocation assistance to an eligible tenant in an amount not to exceed $7,000 per rental unit. For more information on the methodology of how HUD determines Fair Market Rates, please click HERE.
Landlords may deduct tenant relocation payment amounts required under California Health and Safety Code Sections 17975, et seq. from the relocation assistance payment required by the Ordinance.
Landlords are required to use one of the two following noticing and relocation assistance payment procedures when their actions trigger Tenant Relocation Assistance:
(1) For landlord-caused terminations not involving rent increases greater than 12%, a landlord must provide a “Notice of Entitlement to Relocation Assistance (for Terminations)” with the Notice of Tenancy Termination at least 90 days prior to the termination of tenancy. Click here to view/download the required “Notice of Entitlement to Relocation Assistance (for Terminations)” in English/Spanish/Chinese.
For situation #1 above, Landlords shall pay relocation to an eligible tenant in two installments: 1) half within five (5) days following notice delivered to a tenant of a landlord-caused termination and 2) the other half within 5 days of the tenant vacating the residential property.
(2) For landlord-caused termination due to rent increases greater than 12% and the tenant elects to vacate, a landlord must provide a “Notice of Entitlement to Relocation Assistance (for Rent Increases)” with the rent increase notice at the same time that the landlord provides notice of a rent increase. Click here to view/download the required “Notice of Entitlement to Relocation Assistance (for Rent Increases)” in English/Spanish/Chinese.
For situation #2 above, Landlords shall pay relocation to an eligible tenant in two installments: 1) half within five (5) days of receiving written notice from tenant to vacate the unit and 2) the other half no later than 5 days following vacation by the tenant of the residential property.
In both cases noted above, landlords may deduct from the relocation assistance payment any unpaid rent and/or damages in excess of the security deposit.
(Note: If a tenant receives any relocation payments and opts to return to the apartment, then tenant shall reimburse the landlord for payments received.)