HomeMy WebLinkAbout220412_Item 8.1_Council ReportRECOMMENDATION
DATE: April 12, 2022
CATEGORY: Public Hearing
DEPT.: Community Development
TITLE: Amendments to the Tenant Relocation
Assistance Ordinance to Apply to Mobile
Home Tenants
Introduce an Ordinance of the City of Mountain View Amending Article XIII of Chapter 36 of the
Mountain View City Code Related to Tenant Relocation Assistance to Provide Tenant Relocation
Assistance Benefits and a First Right to Return to Mobile Home Tenants Who Rent a Mobile Home
in a Mountain View Mobile Home Park, and Finding the Ordinance to be Exempt from the
California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3), to be read in
title only, further reading waived, and set a second reading for May 10, 2022 (Attachment 1 to
the Council report).
BACKGROUND
On September 28, 2021, the City Council adopted the Mobile Home Rent Stabilization Ordinance
(MHRSO). This Ordinance went into effect on October 28, 2021. The stated purpose of the
MHRSO in Section 46.1 is to "protect mobile home residents from unreasonable rent increases,
while at the same time protecting the rights of park owners and mobile home landlords to receive
a fair return on their property and rental income sufficient to cover increases in the costs of
repairs, maintenance, insurance, employee services, additional amenities and other costs of
operation."
At the time Council approved the MHRSO, they directed staff to return with an ordinance
providing: (a) relocation protections to mobile home tenants evicted without fault; and
(b) mobile home tenants' right of return to a unit returned to the rental market which was
previously removed from the rental market.
These provisions mirror the rights already provided by the Tenant Relocation Assistance
Ordinance (TRAO) for tenants living in apartments covered by the City's Community Stabilization
and Fair Rent Act (CSFRA). Therefore, staff recommends modifying the TRAO to include mobile
home tenants to address Council's direction.
Amendments to the Tenant Relocation Assistance Ordinance to Apply to Mobile Home Tenants
April 12, 2022
Page 2 of 4
The protections provided by the current TRAO apply to tenants of any residential building or
structure. Recommended modifications would cover tenants of a mobile home that is rented
from a mobile home owner (i.e., owner of a mobile home who rents the space from a park owner
but rents out the unit to a tenant) or a park owner who rents a mobile home (i.e., park owner
who rents both the space and the mobile home), as included in the draft Ordinance
(Attachment 1).
The amended TRAO would not apply to a mobile home owner renting a space from a park owner,
as such terms are defined in Section 46.2 of the MHRSO, because applicable protections are
covered by State law. The State Mobilehome Residency Law (MRL) provides eviction protections
of mobile home owners (i.e., a household who owns a mobile home but rents a space in a mobile
home park), and California Government Code Section 65863.7 requires relocation benefits and
protections for mobile home owners upon a park closure or change of use.
Rental Housine Committee and Environmental Plannine Commission Public Hearines
Rental Housing Committee Public Hearing
On January 24, 2022, the Rental Housing Committee (RHC), at its Regular Meeting, discussed the
proposed amendments to the TRAO in their capacity as the administrator of the MHRSO. The
RHC voted unanimously to recommend the proposed amendments. These recommended
amendments are incorporated in Attachment 1, with additional minor modifications for clarity.
Environmental Planning Commission Public Hearing
On March 2, 2022, the Environmental Planning Commission (EPC) held a public hearing to discuss
the proposed amendments to the TRAO. The EPC voted unanimously to recommend the City
Council adopt the proposed Ordinance.
ANALYSIS
This Analysis section provides a summary of the key TRAO provisions, which would apply to
mobile home tenants if Council adopts the proposed amendments.
Key TRAO Provisions
1. Income Requirement: Households are only eligible for relocation benefits under the TRAO
if annual household income does not exceed 120% of the median household income for
Santa Clara County plus $5,000 as adjusted for household size. For reference, below are
the 120% area median income (AMI) plus $5,000 maximum income limits for Santa Clara
County as adjusted by household size.
Amendments to the Tenant Relocation Assistance Ordinance to Apply to Mobile Home Tenants
April 12, 2022
Page 3 of 4
Household Size
1
2
3
4
5
6
120% AMI*
$127,100
$145,250
$163,400
$181,550
$196,050
$210,600
120% AMI + $5,000
$132,100
$150,250
$168,400
$186,550
$201,050
$215,600
* 2021 State Area Median Income adjusted for household size (HCD Santa Clara County).
2. Relocation Assistance Available to Eligible Households:
a. Security Deposit Refund: A full refund of a tenant's security deposit, except for funds
that may be necessary to repair the tenant's damage to property in rental units
reoccupied prior to undergoing renovation or demolition.
b. Subscription Agency: Unlimited access to a subscription service to a rental agency
until the time of move -out; services of a relocation agency with extended advisory
and personalized replacement housing assistance based on a household's
preferences, housing budget, preferred location, and other requirements; and
providing several rounds of referrals through analysis of available rental housing,
including internet listings, contact with property management companies, available
affordable housing options, including waitlist opportunities, and other leads on
housing.
C. The cash equivalent of three months' rent, based on the median monthly rent for a
similar -sized unit with the same number of bedrooms and bathrooms.
d. An additional $8,000 per rental unit for special -circumstances households adjusted
annually for inflation based on the Consumer Price Index for the San Francisco Bay
Area ($8,503 for calendar year 2022). Special -circumstances households are defined
as eligible households with at least one person 62 years of age or older, disabled or
handicapped, or with one or more minor children under 18 years of age, who are
legally dependent.
3. First Right of Return: The MHRSO grants tenants with a first right of return to the rental
unit if that rental unit is returned to the rental market after termination due to:
(a) necessary and substantial repairs requiring a temporary vacancy; (b) owner move -in to
the rental unit; (c) permanent withdrawal of the property from the rental market; or
(d) demolition of the rental unit. The proposed TRAO amendment would address the first
right of return for tenants displaced due to permanent withdrawal of the rental unit from
the rental market because the Ellis Act, the State law that covers the withdrawal of rental
property from the market, requires that tenant protections related to an Ellis Act eviction
be adopted by the City Council by ordinance. The RHC, under its authority to implement
the MHRSO, will adopt regulations to address tenants' first right of return in the event of
Amendments to the Tenant Relocation Assistance Ordinance to Apply to Mobile Home Tenants
April 12, 2022
Page 4 of 4
other displacements, those resulting from: (a) necessary and substantial repairs requiring
a temporary vacancy; (b) owner move -in to the rental unit; or (c) demolition of the rental
unit.
FISCAL IMPACT
There is no impact on the City's General Fund to modify the TRAO to extend existing benefits to
mobile home tenants.
ALTERNATIVES
1. Recommend approval of the draft TRAO modifications with additional changes.
2. Recommend that Council not adopt the draft TRAO modifications.
3. Provide other recommendation.
PUBLIC NOTICING
Agenda posting, and a notification was sent to interested stakeholders.
Prepared by: Approved by:
Anky van Deursen Aarti Shrivastava
Rent Stabilization Program Manager Assistant City Manager/Community
Development Director
Wayne Chen
Assistant Community
Development Director
AVD-WC/JS/6/CAM
895-04-12-22CR
201763
Kimbra McCarthy
City Manager
Attachment: 1. Draft Ordinance Amending Article XIII of the Zoning Ordinance
Attachment 1
CeCInI_WL44M06l
AN ORDINANCE OF THE CITY OF MOUNTAIN VIEW AMENDING ARTICLE XIII OF CHAPTER 36 OF
THE MOUNTAIN VIEW CITY CODE RELATED TO TENANT RELOCATION ASSISTANCE TO PROVIDE
TENANT RELOCATION ASSISTANCE BENEFITS AND A FIRST RIGHT TO RETURN TO MOBILE HOME
TENANTS WHO RENT A MOBILE HOME IN A MOUNTAIN VIEW MOBILE HOME PARK, AND
FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT UNDER CEQA GUIDELINES SECTION 15061(B)(3)
WHEREAS, the procedures set forth in Chapter 36, Article XVI, Division 13 of the Mountain
View City Code (City Code or Code), whereby the City can amend Chapter 36, have been
executed; and
WHEREAS, Chapter 36 of the Mountain View City Code requires the Environmental Planning
Commission and City Council each hold a duly noticed public hearing regarding any proposed
amendment to Chapter 36; and
WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on
March 2, 2022 and recommended the City Council approve the amendments to Chapter 36 in
this Ordinance; and
WHEREAS, the City Council held a public hearing on April 12, 2022 and received and
considered all information presented at said hearing regarding the amendments to Chapter 36,
including the recommendation from the Environmental Planning Commission, the City Council
report, oral comments, and written materials submitted;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Council Findings. The City Council finds and determines that Chapter 36 (Zoning)
of the Mountain View City Code should be amended as set forth in this Ordinance, pursuant to
the required findings in Section 36.52.70 of the City Code, based on all evidence and information
in the record:
1. The proposed text amendments are consistent with the General Plan;
2. The proposed text amendments would not be detrimental to the public interest,
health, safety, convenience or welfare of the city;
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3. The proposed text amendments are in compliance with the provisions of the
California Environmental Quality Act (CEQA); and
4. The proposed text amendments are internally consistent with Chapter 36.
Section 2. Chapter 36, Article XIII, "Tenant Relocation Assistance," of the Mountain View
City Code is hereby amended to read as follows
"ARTICLE XIII_
TENANT RELOCATION ASSISTANCE.
SEC. 36.38. - Statement of purpose.
The purpose of this Article is to help mitigate the adverse health, safety and economic
impacts experienced by moderate- to very low-income tenantsp^s�� of rental housing who
are displaced from their residences due to a demolition of a rental unit, a remodel or
redevelopment of a rental unit, a conversion of a rentalr„, al unit to a condominium unit or
a change of use of real property from a residential use to a nonresidential use by requiring the
property owner to mitigate the impact on these tenantsp^s�� consistent with this article, the
Community Stabilization and Fair Rent Act, Mountain View Municipal Charter Article XVII
(""CSFRA'--"') and the Mobile Home Rent Stabilization Ordinance, Mountain View City Code
Chapter 46 ("MHRSO"). The protections provided by this aArticle apply to tenants of any
residential building or structure including tenants renting a mobile home. The protections of this
article do not apply to the rental of mobile home spaces from a park owner by mobile home
owners, as such terms are defined in Sec. 46.2, but do apply to the rental of the mobile home
itself from a mobile home owner by a tenant.
SEC. 36.38.15. - Definitions.
Throughout this Article, the following words and phrases shall have the meaning ascribed in
this Section. The definitions in the CSFRA or the MHRSO, whichever is applicable, shall aDDly to
terms not otherwise defined in this Section.
a. Application. An application required to be submitted to the city for discretionary or
ministerial approval of a land use change or improvement of real property that will result in a
permanent displacement of a residential household.
b. Displace or displacement. The vacating of a rental unit (as defined below) covered by
the CSFRA; or the MHRSO or the vacating of three (3) or more rental units on a parcel for those
rental units that are not covered by the CSFRA or the MHRSO, including rental units that are
exempt from the- MHRSO pursuant to Sec. 46.4(d), :by residential households within a one (1)
year period upon notice from the landlord as the result of or to enable any of the following:
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1. The landlord seeks in good faith to recover possession to withdraw all rental
housing units of an entire property or all rental units owned by a landlord on the property from
the rental housing market as provided in Government Code § 7060, et seq., or other applicable
law, if any;
2. The landlord, having obtained all necessary permits from the city, seeks in good
faith to recover possession to remove the rental unit permanently from rental housing use
through demolition;
3. The landlord, after having obtained all necessary permits from the city or where
applicable the state, seeks in good faith to undertake substantial repairs that are necessary to
bring the rental unit into compliance with applicable codes and laws affecting the health and
safety of tenants of the rental unitb6iildiRg or otherwise to remodel, renovate or rehabilitate the
rental unit which will render the rental unit uninhabitable for a period of A"+'"ss +",Rthirty (30)
days or more, resulting in the displacement of tenants;
4. The landlord seeks the conversion of a building into a condominium, community
apartment or stock cooperative, as those terms are defined in California Government Code and
Business and Professions Code;
5. A change of use of real property from a residential use to a nonresidential use
that requires a permit or approval from the city;
6. The change from rental to ownership units where the units were rented out for
a period of time after being approved for sale; or
7. The landlord seeks to recover possession of the rental unit in good faith for use
and occupancy as a primary residence by the landlord, or the landlord"s spouse, domestic
partner, children, parents or grandparents. For purposes of this section, landlord shall only
include a landlord that is a natural person and has at least a fifty (50) percent recorded ownership
in the property.
For the purposes of this Article, a displacement does not include a vacation of a rental
unit as the result of the following:
A-1. A conversion of any portion of a mobile home park regulated and processed
pursuant to Chapter 28 of this code;; provided, however, the vacation of rental units by tenants
of any such mobile home park who are not mobile home owners, as that term is defined in
Chapter 46, is displacement and entitled to the protections of this Article;
B.4 A landlord's compliance with an enforcement order of the city chief building
official for which the property owner has been ordered to pay relocation expenses pursuant to
Health and Safety Code § 17975, et seq., or any other state or federal law;
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C.4 A vacation of a rental unit resulting from the damage or destruction of the unit
which is caused by a fire or natural disaster;
2.4 Temporary displacement due to substantial repairs, remodeling, renovations or
rehabilitation of rental units which will render the rental unit uninhabitable for a period of
'e& -thirty (30) days or more, in those instances when the landlord provides the tenant and
the tenant elects to accept an offer to move to a comparable vacant rental unit owned by the
landlord at theme same rent 4• here +^lq^^+_s "-,.,,, beeR p ided .vith ^'+^rmativ^ heusin^
on-site or nearby; or
E. -S The residential household has not paid rent as required by the rental housing
agreement or was found to have committed an unlawful detainer pursuant to Subdivisions 2, 3,
4 or 5 of § 1161 of the Code of Civil Procedure as evidenced by a final judgment of a court of
competent jurisdiction.
C. Eligible residential household. A displaced residential household provided the annual
household income does not exceed one hundred twenty (120) percent of the median household
income for the county as adjusted for household size according to the state D-4epartment of
Housing and Cc-ommunity 24evelopment as adjusted annually plus five thousand dollars
($5,000.00).
d. Landlord. An owner, lessor or sublessor or any other person entitled to receive rent
for the use and occupancy of any rental unit, or the agent, representative, predecessor or
successor of any of the foregoing. With respect to mobile homes, the landlord means the owner
of the mobile home, which may or may not be the same as the owner of the mobile home space.
e. Property. All rental units on a parcel or lot or contiguous parcels or contiguous lots or
within a mobile home park under common ownership.
f. Relocation assistance. Relocation assistance is provided per rental unit, not per
tenant. If multiple residential households or individuals occupy a single rental unit, relocation
assistance shall be paid to the household or individual entitled to occupy a rental unit under a
valid rental housing agreement with the landlord.
1. Relocation assistance shall include all of the following:
(a) A full refund of a tenant"s security deposit, except for funds that may be
necessary to repair tenant"s damage to property in rental units that will be reoccupied prior to
undergoing renovation or demolition.
(b) Unlimited access to a subscription service to a rental agency until the
earlier of the tenant securing alternative housing or the termination of the tenancy.
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(c) Relocation advisory services of the third -party agency, including extended
advisory and personalized replacement housing assistance based on a household's preferences,
housing budget, preferred location and other requirements, and providing up to five (5) rounds
of referrals through analysis of available rental housing, including internet listings, contact with
property management companies, available affordable housing options including wait -list
opportunities and other leads on housing.
(d) The cash equivalent of three (3) months' rent, based on the median
monthly rent for a similar -sized unit with the same number of bedrooms and bathrooms as
determined by a survey taken at least once a year of apartment rents in Mountain View.
(e) An additional eight thousand dollars ($8,000.00) per rental unit for special -
circumstances households adjusted annually for inflation based on the consumer price index for
the San Francisco Bay Area. The adjustment shall be made at the beginning of the calendar year.
2. For those residential households receiving written notice prior to entering into
a written or oral agreement to become a tenant, that an application to convert their rental unit
to another use was on file with the city or had already been approved and would result in their
displacement, relocation assistance shall only include a sixty (60) day subscription to a rental
agency.
3. If tenants are eligible for relocation benefits under state or federal law, tenant"s
relocation benefits shall be consistent with whichever law provides the greatest level of benefit.
g. Rental housing agreement. An agreement, oral or written, or implied, between a
landlord and tenant for use or occupancy of a rental unit and for housing services.
h. Rental unit. Any building, structure or part thereof, or mobile home in a mobile home
park, and land appurtenant thereto, or any other mal property rented or offered for rent for
residential purposes, together with all housing services connected with use or occupancy of such
property, such as common areas and recreational facilities held out for use by the tenant.
Exemptions: For purposes of this article, a rental unit shall not include:
1. Rental units in hotels, motels, inns, tourist homes and rooming and boarding
houses which are rented primarily to transient guests for a period of fewer than thirty (30) days
as defined in Mountain View City Code subsection 33.1.d.
2. A room or any other portion of any rental unit which is occupied by the landlord
or a member of the landlord -"s immediate family.
3. A single-family dwelling other than a mobile home, except where three (3) or
more dwelling units are located on one (1) lot.
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4 n m^";i^ hpme.
4§. A unit in a common -interest development where units are owned by different
individuals who share ownership of common areas and facilities.
5. A mobile home space that is rented to a mobile home owner except to the
extent that such space is included as part of the rental of the mobile home.
i. Residential household. Any person or group of persons entitled by a rental housing
agreement to use or occupy a rental unit to the exclusion of others.
j. Special -circumstances households. An eligible residential household with any of the
following characteristics:
1. At least one (1) member is sixty-two (62) years of age or older;
2. At least one (1) member qualifies as disabled as defined by Title 42, United
States Code, Section 423 or in Government Code Section 12955.3h@RdiG^^^^9' as
3. Is a household with one (1) or more minor children (nineteen (19) years of age
or under) who are legally dependent (as determined for federal income tax purposes).
k. Tenant. A tenant, subtenant, lessee, sublessee or any other person entitled under the
terms of a rental housing agreement to the use or occupancy of any rental unit.
1. Third -party agency. Relocation assistance specialist, agency and/or other third -
party agency hired by the city and paid for by the landlord to assist with the relocation assistance
process set forth in this article.
SEC. 36.38.20. - Requirement to provide relocation assistance.
No landlord shall cause the peFFP@ReRt displacement of residential households without
paying relocation assistance to eligible residential households in accordance with the provisions
of this . ,,' rticle.
SEC. 36.38.25. - Relocation assistance procedure.
a. Displacement related to development and building permits of three (3) or more
rental units within one (1) year other than mobile homes.
1. Notice of intent.
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(a) Landlord required to provide notice of intent. Landlord shall provide a
notice of intent on a city preapproved form to residential households residing on the property
within thirty (30) days of filing an application for discretionary or ministerial approval of a land
use change or improvement of real property by the city that will result in a displacement of a
residential household. The notice of intent shall be personally delivered or served by mail, in the
manner required by Code of Civil Procedure § 1162. Landlord shall also provide a copy of the
notice of intent to the city.
(b) Contents. The notice of intent shall contain all of the following
information:
(1) The name and address of the current property owner and/or
developer of the project on the property;
(2) If applicable, a description of the application(s) being filed and a
general time frame for the project approval and the residential household"s right to receive
written notice for each hearing and right to appear and be heard at the land use hearing;
(3) An explanation of the relocation assistance available to eligible
residential households and special -circumstances households, information on eligible residential
household incomes and the procedure for submitting claims for relocation assistance; and
(4) Other information deemed necessary or desirable by the city.
(c) Notice of intent verification. Within forty-five (45) days of the filing of an
application for discretionary or ministerial approval of a land use change or improvement of real
property, the landlord or agent of the landlord shall submit to the community development
department a duplicate copy of the notice of intent given to each residential household and a
declaration indicating that each notice was personally delivered or served by mail, in the manner
required by Code of Civil Procedure § 1162.
(d) Notice to third -party agency. Landlord shall provide the following
information to the third -party agency under penalty of perjury: the address, the number of each
rental unit being displaced, monthly rents for those units, the number of bedrooms and
bathrooms of each rental unit, the names of every member of the residential household who is
a signatory on the rental housing agreement for the rental unit, the household income as shown
on any rental housing agreement -related documents, and the number of household members,
including children. Where there is no written rental housing agreement, the landlord shall
provide the name of every person the landlord considers to be a resident under an oral rental
housing agreement.
2. Payments escrow account. The landlord shall open an escrow account and
deposit relocation assistance funds into that account no later than thirty (30) days after filing an
application that will be used by the third -party agency for relocation assistance payments to
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eligible residential households. The amount of the deposit shall be determined by the community
development department and unused funds shall be returned to the landlord after all relocation
assistance has been paid as verified by the third -party agency.
3. Claim form. To qualify for relocation assistance, tenants must complete a claim
form and provide it to the third -party agency who will determine their eligibility for relocation
assistance. Residential households must file a claim before the date to vacate as stated on the
notice of termination in order to be eligible for relocation assistance payments. After
determination of eligibility, one-half (1/2) of the relocation assistance shall be paid to eligible
residential households within fifteen (15) days of the date the claim form is submitted to the
third -party agency and the remaining one-half (1/2) shall be paid when the household secures
alternative housing as evidenced by a signed rental agreement or other documentation or
vacates the rental unit, whichever occurs first.
4. Fees. The landlord shall pay a fee to the city for the cost of the assistance of the
third -party agency to provide relocation assistance pursuant to this article in an amount set by
resolution of the city council.
5. Verification of compliance. Prior to issuance of demolition permits, building
permits or other city permits that would result in the displacement of tenants from a rental unit
subject to this article, the city must receive verification from the third -party agency that all
eligible residential households who applied and qualified for assistance have received relocation
assistance. This verification shall be submitted in a form acceptable to the city.
6. Notice of termination.
(a) For the withdrawals of the unit permanently from the rental market,
landlord shall provide a written notice of termination to all tenants subject to displacement at
least one hundred twenty (120) days or one (1) year in the case tenants are defined as senior or
disabled under Government Code § 12955.3 prior to the date a tenant must vacate the rental
unit pursuant to Government Code § 7060.4. The date to vacate shall not be prior to the city"s
determination that the landlord has complied with this article.
(b) For all other displacements, landlord shall provide a written notice of
termination to all tenants subject to displacement pursuant to Civil Code §§-_1946,-a4+4 1946.1
and 1946.2. The date to vacate shall not be prior to the city's determination that the landlord has
complied with this Article.
b. Displacement from any mobile home rental unit or fewer than three (3) rental units.
1. Notice of termination.
(a) Landlord required to provide notice of termination. A landlord who
intends to provide a residential household with a notice of termination for any displacement from
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a mobile home rental unit or from fewer than three (3) rental units shall file a copy of such notice
to the city within three (3) days after serving the notice on the tenant. The notice shall be
personally delivered to the residential households or served by mail, in the manner required by
Code of Civil Procedure § 1162.
(b) Contents. The notice of termination must state with specificity the basis
on which the landlord seeks to terminate the tenancy and notify the tenants of their rights under
this article.
(c) Third -party agency. Within five (5) business days of providing copy of a
notice of termination to the city, the landlord is required to provide to the third -party agency as
identified by the city: the address of each rental unit being displaced, the number of bedrooms
and bathrooms of each rental unit, the names of every member of the residential household who
ares a signatory on the rental housing agreement for the rental unit, the household income as
shown on rental housing agreement -related documents, and the number of household
members, including children. Where there is no written rental housing agreement, the landlord
shall provide the name of every person the landlord considers to be a tenantt under an
oral rental housing agreement.
Claim form. To qualify for relocation assistance, tenants must complete a claim
form and provide it to the third -party agency before the actual termination date in order to be
eligible for relocation assistance payments. The third -party agency will determine their eligibility
for relocation assistance. After determination of eligibility, and within fifteen (15) days of the
date the claim form is submitted to the third -party agency, the full amount of relocation
assistance shall be paid directly by the landlord to the residential household. The third -party
agency will confirm issuance of payment by means of an acknowledgement of payment form.
3. Payment. Landlord shall directly pay the full amount of relocation assistance as
determined by the third -party agency to eligible residential households within fifteen (15) days
of the date a tenant submits a claim form and provide proof of payment to the third -party agency.
4. Fees. The landlord shall pay a fee to the city for the cost of the assistance of the
third -party agency to provide relocation assistance pursuant to this article in an amount set by
resolution of the city council.
54. Verification of compliance. Within five (5) days of receiving verification from the
third -party agency, the city shall review landlord"s compliance with this Article.
C. Translation of documents for those with limited English proficiency. Documents
related to this section regarding relocation assistance that are to be provided to the tenant,
including the notice of intent, notice of termination and claim forms, shall also be provided in
Spanish, Chinese and/or Russian, as needed, or other languages as requested that is responsive
to the needs of the tenant population who have limited English proficiency and in accordance
with this program's language access plan in the administrative guidelines.
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SEC. 36.38.30. - First right of return—The Community Stabilization and Fair Rent Act and Mobile
Home Rent Stabilization Ordinance.
a. Purpose and scope. The Community Stabilization and Fair Rent Act (""CSFRAL") and
Mobile Home Rent Stabilization Ordinance (-"'MHRSO" ') both require -,-a tenant whose tenancy
is terminated when a covered rental unit or mobile home is permanently withdrawn from the
residential rental market to have the first right of return to the covered rental unit or mobile
home if that rental unit or mobile home is returned to the residential rental market bythe owner
(as defined below) or successor owner. The city hereby acts pursuant to
Government Code § 7060, et seq. to establish certain requirements, procedures and mitigations
regarding the first right of return when a building containing covered rental units, or all of the
mobile home rental units owned by the owner located within a mobile home park, are 4
permanently withdrawn from the residential rental market.
b. Definitions. For purposes of Sec-,. 36.38.30 through 36.38.40, the definitions in the
CSFRA or the MHRSO, whichever is applicable, shall apply to terms not otherwise defined in this
Section or Secy. 36.38.15&4@- ^ ^' ^'^s�r se a
Accommodations shall mean either of the following:
(a) The residential rental units in any detached physical structure containing
four (4) or more residential rental units.
(b) With respect to a detached physical structure containing three (3) orfewer
residential rental units, the residential rental units in that structure and in any other structure
located on the same parcel of land under common ownership, including any detached physical
structure specified in subparagraph (a) above.
2. Owner shall mean only the holder of record title having the entire legal and
equitable title to the property, or the successor -in -interest thereto. It shall not include the lessor,
sublessor, agent or representative of the ownerd. With respect to mobile homes, "owner"
shall mean the owner of the mobile home, who+c4 may or may not be the same as the owner of
the mobile home park. It is the intention of these sections to permit only the ""owner"" as
defined herein to have and exercise the privileges and responsibilities set forth in this Article.
Withdrawal shall mean the eviction of all tenants from all residential rental units
on a particular property, or in the case of mobile homes, the eviction of all tenants from all mobile
homes under common ownership or control located in a mobile home park, through compliance
with the requirements of Sec. 36.38.40, et seq.
SEC. 36.38.35. - PiMt Fight of Intentionally Omitted.
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SEC. 36.38.40. - First right of return—Responsibilities concerning accommodations
p^•-maReR+'••withdrawn from the rental
Any accommodations which have been withdrawn from rent or lease and which were
subject to the CSFRA or the MHRSO, or which were exempt from the MHRSO pursuant to Sec.
46.4(d) at the time of withdrawal shall be subject to the following conditions and restrictions if
said accommodation is again offered for rent or lease:
a. For all tenancies commenced during either of the time periods described in
subsections 1. and 2. below, the accommodations shall be offered and rented or leased at the
lawful rent in effect at the time any notice of intent to withdraw the accommodations was filed
with the city, plus annual adjustments available under the CSFRA,-ef- the MHRSO or any Accord
as that term is defined in Secy. 46.2, whichever is applicable:
1. The five (5) year period after any notice of intent to withdraw the
accommodations is filed with the city, whether or not the notice of intent is rescinded or the
withdrawal of the accommodations is completed pursuant to the notice of intent.
2. The five (5) year period after the accommodations are withdrawn.
3. This subdivision shall prevail over any conflicting provision of law authorizing the
landlord to establish the rental rate upon the initial hiring of the accommodations.
4. In the event that the owner fails to comply with this subsection, the owner shall
be liable to any affected tenant for punitive damages in an amount which does not exceed the
contract rent for six (6) months.
b. If the accommodations are offered again for rent or lease for residential purposes
within two (2) years of the date the accommodations were withdrawn from rent or lease, the
following provisions shall apply:
1. The owner of the accommodations shall be liable to any tenant or lessee who
was displaced from the property by that action for actual and exemplary damages. Any action by
a tenant or lessee pursuant to this paragraph shall be brought within three (3) years of the
withdrawal of the accommodations from rent or lease. However, nothing in this paragraph
precludes a tenant from pursuing any alternative remedy available under the law.
2. The city may institute a civil proceeding against any owner who has again offered
accommodations for rent or lease subject to this &Section, for exemplary damages for
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displacement of tenants or lessees. Any action by the city pursuant to this paragraph shall be
brought within three (3) years of the withdrawal of the accommodations from rent or lease.
3. Any owner who offers accommodations again for rent or lease shall first offer
the unit for rent or lease to the tenant or lessee displaced from that unit by the withdrawal, if
the tenant has advised the owner in writing within thirty (30) days of the displacement of his or
her desire to consider an offer to renew the tenancy and has furnished the owner with an address
to which that offer is to be directed. That tenant or former tenant may advise the owner at any
time during the period of eligibility for renewed tenancy of any change in address to which the
offer is to be directed. The owner shall also notify the city of the owner"s intent to again offer
the accommodations for rent or lease at the time the tenant is notified.
C. An owner who offers accommodations again for rent or lease within ten (10) years of
the date on which they are withdrawn, and which are subject to this subdivision, shall first offer
the unit to the tenant or lessee displaced from that unit by the withdrawal, if that tenant or lessee
requests the offer in writing within thirty (30) days after the owner has notified the city of an
intention to offer the accommodations again for residential rent or lease. A copy of the notice
served on the city or its designated agency shall also be mailed by the owner to each tenant at
that tenant"s last known address.
If the owner offers the accommodations for rent or lease pursuant to this subdivision,
and the tenant has advised the owner of a desire to consider an offer to renew the tenancy, then
the owner shall offer to reinstitute a rental agreement or lease on terms permitted by law to that
displaced tenant.
This offer shall be deposited in the United States mail, by registered or certified mail
with postage prepaid, addressed to the displaced tenant at the address furnished to the owner
as provided in this subsection, and shall describe the terms of the offer. A copy of the notice with
proof that it has been mailed to the displaced tenant shall be filed with the city at the time notice
is mailed to the tenant. The displaced tenant shall have thirty (30) days from the deposit of the
offer in the mail to accept by personal delivery of that acceptance or by deposit of the acceptance
in the United States mail by registered or certified mail with postage prepaid.
SEC. 36.38.45. - Alternate mitigation.
As an alternative to the required relocation assistance, a landlord may submit an alternate
mitigation strategy that meets the goals of this section. An alternate strategy may include, but
shall not be limited to, providing other mitigation and concessions to tenants such as permanent
relocation of displaced tenants into similar apartments or mobile homes on-site or nearby,
ongoing rent concessions, -e+ suitable notice and other elements of mitigation that would serve
the goals and purposes of this article. With each such alternate submission, the landlord shall
provide complete information as determined necessary bythe community development director.
Alternate mitigation proposals must be approved by the city council.
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SEC. 36.38.50. - Administrative regulations.
The community development director may, from time to time, promulgate regulations
implementing the provisions of this Article, violations of which shall be considered a violation of
this Section.
SEC. 36.38.55. - Mitigation not exclusive.
Nothing in this Section shall be interpreted to interfere with the city"s ability and/or
obligation to require relocation assistance for displaced tenants who are not covered by this
Article.
SEC. 36.38.60. - Failure to comply.
A landlord's failure to comply with any requirement in this article, including without the
required notices to the city, is a complete affirmative defense in an unlawful detainer or other
action brought by the landlord to recover possession of the rental unit.
SEC. 36.38.65. - Recordation of notice.
The city shall record a notice with the county recorder which shall specifically describe any
property subject to Sec. 36.38.40, the dates applicable for the tenant"s first right of return
pursuant to Sec. 36.38.40 and the name of the landlord."
Section 2. The provisions of this ordinance shall be effective thirty (30) days from and after
the date of its adoption.
Section 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be unconstitutional, such decision shall not affect the validity of the other
remaining portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of
the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared
unconstitutional.
Section 4. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that
copies of the foregoing proposed ordinance be posted at least two (2) days prior to its adoption
in three (3) prominent places in the City and that a single publication be made to the official
newspaper of the City of a notice setting forth the title of the ordinance, the date of its
introduction, and a list of the places where copies of the proposed ordinance are posted.
Section 5. This ordinance is not subject to the California Environmental Quality Act
("CEQA") pursuant to Sections 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter 3 of the
California Code of Regulations) (the activity will not result in a direct or reasonable foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as
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defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in
physical change to the environment, directly or indirectly).
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