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A. Each tenant currently residing in a rental unit which is part of a proposed condominium conversion project shall have the following minimum rights. These rights shall be set forth in a notice of tenants’ rights, which the subdivider shall be responsible for providing to the affected tenants.

1. After receipt of this notice, each tenant will be entitled to terminate his or her lease or rental agreement without any penalty upon notifying the subdivider in writing 30 days in advance of such termination; provided, however, that this requirement shall cease upon notice to the tenant of the abandonment of subdivider’s efforts to convert the building.

2. No tenant’s rent will be increased from the date of issuance of this notice until at least 12 months after the date the subdivider files the tentative map or tentative parcel map with the City; provided, however, that this requirement shall cease upon abandonment of subdivider’s efforts to convert the building.

3. No significant remodeling of the interior of tenant-occupied units shall begin until at least 30 days after issuance of the final subdivision public report or, if one is not issued, after the start of subdivider’s sales program. (For purposes of this chapter, the start of subdivider’s sales program shall be defined as the start of tenants’ 120-day first-right-of-refusal period set forth below). This does not preclude the property owner from completing normal maintenance and repair activities.

4. Each tenant shall have an exclusive right to contract for the purchase of his or her unit or, at the tenant’s option, any other available unit in the building upon the same or more favorable terms and conditions that such units will be initially offered to the general public, such right to run for at least 120 days from the issuance of the final subdivision public report or, if one is not issued, from the start of subdivider’s sales program.

5. Each tenant shall have a right of occupancy of at least 180 days from the issuance of the final subdivision public report or, if one is not issued, from the start of subdivider’s sales program, prior to termination of tenancy due to conversion.

6. Tenants who are 62 years or older, disabled, or are very low-income tenants (as defined by HUD) shall be provided a lifetime lease on their unit or, at tenant’s option, on any other available unit in the building. This provision shall also apply to tenants who are single heads of household with one or more minor children for as long as there are minor children living in the residence. Such leases, to commence no later than the date of issuance of the final subdivision public report, or, if one is not issued, no later than the start of subdivider’s sales program, shall be subject to the following conditions:

a. Tenants shall have the option of canceling the lease at any time upon 30 days’ written notice to the owner.

b. Tenants cannot be evicted except for just cause.

c. Right of occupancy shall be nontransferable.

d. Except as provided hereinabove, terms and conditions of the lifetime lease shall be the same as those contained in tenant’s current lease or rental agreement.

7. No low- or moderate-income tenant, and no elderly tenant, shall at any time after the submission of the conversion application be evicted for the purpose of occupancy by the owner, or by occupancy by any relative of the owner. In the event the tenant does not exercise his or her right to purchase within the time period set forth in this section, the owner may transfer the unit without any price restriction to the tenant or any other person. However, in the event such transfer is to someone other than the tenant, the transfer shall be expressly made subject to the rights of the tenant to continue to occupy the unit as provided for in this section.

B. Relocation assistance shall be provided by the subdivider to all persons living in units on the date of approval of a condominium conversion project who choose not to purchase units in the condominium conversion project as follows:

1. Relocation assistance provided by a professional property management agency, at the expense of the developer, in finding a comparable replacement rental unit; such assistance shall include, at a minimum, providing rental availability reports and updating same, assisting tenant(s) in inspecting available units, and providing other personal services related to the relocation of each tenant.

2. Moving expenses paid for by the developer in an amount equal to three times the monthly rent paid by the tenant. The City Council may adjust the maximum moving expense allowable year to year to reflect increases in costs.

3. Utility connection fees paid for by the developer in an amount equal to actual expenses up to a maximum of $100.00. The City Council may adjust the amount required in this subsection year to year to reflect increases in costs.

C. Special relocation assistance shall be provided to eligible tenants who are elderly, disabled, low-income, or single heads of households living with one or more minor children. This special assistance shall include the following additional measures:

1. The payment of last month’s rent for the new housing unit, if required upon moving in;

2. The transfer of all key, utility, pet, cleaning, and security deposits, minus damages, to the new housing unit or the refund of all or a part of said deposits, minus damages, to the eligible tenant, at the option of the tenant;

3. The payment of the difference, if any, between the amount of all deposits and fees required upon moving in to the new housing unit and the amounts transferred for or refunded to the eligible tenant pursuant to this subsection;

4. The payment of a rent subsidy for a period of one year in the amount of the difference, if any, between the rent of the new housing unit and the rent for the unit currently occupied by the eligible tenant; provided, that this subsidy shall not exceed 25 percent of the monthly rental price of the occupied unit for each of the 12 months;

5. The right of each tenant not to be unjustly evicted and not to have the rent for the unit unreasonably increased until the tenant is actually relocated to a comparable housing unit. (Ord. 1111, 2018)