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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C5-3. Relocation assistance requirements.

Eviction notification and relocation assistance, as provided below, shall be provided by a landowner to any tenant upon an order of the Building Official or Health Officer to vacate any premises due to unsafe or hazardous conditions, or upon service by a landowner of a notice of eviction due to unsafe or hazardous conditions. For purposes of this division, it shall be rebuttably presumed that a notice of eviction is due to unsafe or hazardous conditions, if it is served within six months of the notification of a landowner by the Building Official or Health Officer of intent to record a notice of violation of the Uniform Housing Code or the Health and Safety Code.

(a) Eviction notification. The eviction notice required by this section shall inform each tenant that he/she is being evicted due to unsafe or hazardous conditions. The notice shall also inform the tenant that he/she is eligible for relocation assistance and shall include a full description of assistance requirements as described in Subsections (a) and (b) of this section.

(b) Relocation assistance due. Relocation assistance shall be provided upon the order of the Building Official or the Health Officer to vacate any premises due to unsafe or hazardous conditions, or within one week of the service by a landowner upon a tenant of a notice of eviction due to unsafe or hazardous conditions. In no event shall relocation assistance be due if neither the Building Official nor Health Officer orders the vacation of the premises, the landowner applies to remedy the unsafe or hazardous condition and continues to make a good faith effort to comply with all conditions to abate such unsafe or hazardous conditions, and does not, in the interim, seek to evict any tenant(s), constructively or otherwise. As and for relocation assistance, the owner of such structure shall provide directly to the tenant substitute housing or a relocation payment as provided below:

(1) Substitute housing. The property owner shall provide, at no additional expense to the tenant, adequate and legal housing for the period that the tenant is required to vacate the structure, as evidenced by a written agreement between the tenant and property owner; or

(2) Relocation payment. The property owner shall provide a relocation payment which is equal to three months fair market rent, plus utilities, as established by the must current federal Department of Housing and Urban Development (HUD) schedule of fair market rents in the County for a dwelling unit which size shall be appropriately computed based upon tenant household size and according to HUD standards. A relocation payment shall be a separate requirement and obligation payable to the tenant in addition to the refund of any security deposit pursuant to California Civil Code § 1950.5 or any other remedy to the tenant available by law.

(3) Extended benefit. If the tenant is required to vacate the structure with less than 30 days' written notice, relocation assistance as specified in Subsections (1) and (2) above shall be extended by one additional month.

(c) Right of first refusal. Any tenant evicted or required to vacate any residential structure as a result of the provisions of this chapter shall be given the right of first refusal to reoccupy a residential structure on the site. To the extent that a unit can legally accommodate the displaced tenant, the right of first refusal shall be applicable within 180 days of the date that such structure becomes habitable, or replacement rental or employee housing is developed on the site.

(1) The owner of such structure shall, at the time the tenant vacates, provide written notice advising the tenant of the right of first refusal option. Said notice shall include the property owner's current residential or business address and telephone number.

(2) The tenant shall provide the property owner with his/her current address and telephone number, which the property owner will use for future notification.

(3) Thereafter, when such structure has been rehabilitated, or replacement housing on the same site becomes habitable, the property owner shall give written notice to the tenant advising such tenant that the structure is ready for occupancy. Such notice shall be made by certified mail, return receipt requested, to the address provided by the tenant. Such notice shall be provided in the same language as the original written rental agreement.

(4) If the tenant does not respond to the notice within 14 days of the notice, or the property owner is unable to locate the tenant upon the owner's good faith effort to locate the tenant, the property owner shall be deemed to have complied with this section, and the tenant's right of first refusal shall be forfeited.

(Ord. No. NS-1100.82, § 1, 4-27-93)

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