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tenantrightslawyer · 3 years ago

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Relocation Payments for South San Francisco Tenants Displaced From Unsafe or Substandard Units

In 2019, the City of South San Francisco passed an ordinance providing South San Francisco tenants with relocation payments when suffering temporary or permanent displacement from their homes due to unsafe or substandard conditions cited by the government. Codified at Chapter 8.70 of the South San Francisco Municipal Code and officially entitled, “Property Owner Obligations With Respect to Tenants Displaced from Unsafe or Substandard Units,” the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance provides South San Francisco Tenants with predetermined relocation payments whenever their homes are red-tagged and no longer habitable. But that is not all, the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance also provides South San Francisco tenants with a right to return to their homes or rooms, prohibits retaliation and harassment, and empowers South San Francisco tenants to file civil lawsuits in court for property owner violations. So now, South San Francisco tenants are provided with relocation to ease displacement’s disastrous consequences and fight back against property owner abuse.

Is My Unit Covered Under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance?

Nearly every South San Francisco tenant is covered. Any structure in which a South San Francisco tenant, or other person, uses as their permanent home within the City of South San Francisco is covered under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance. South San Francisco Municipal Code § 8.70.020(c). This includes, but is not limited to, single-family homes, apartment complexes, condominium complexes, single room occupancy living spaces, mobile homes, garages, sheds, rooms, and cooperative housing projects. South San Francisco Municipal Code §§ 8.70.020(c), (l). The Ordinance covers South San Francisco tenants living in any building, regardless of habitability conditions, or lawful status.

Does the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance Protect Subtenants?

Yes, the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance protects subtenants. South San Francisco Municipal Code § 8.70.020(n). The ordinance protects any person who rents a unit or room as their primary residence, including those who share living expenses.

Are Property Managers and Other Landlord Agents Covered by the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance?

It is unlikely that the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance applies to property managers and other landlord agents directly. South San Francisco Municipal Code § 8.70.020(k). Although the ordinance includes a definition for “property owner,” that definition does not reference property managers, or other landlord agents. Further, the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance’s private right of action, discussed below, does not explicitly reference the right to sue a property manager or landlord agent.

Under What Circumstances Does A South San Francisco Tenant Become Entitled to Relocation Payments Under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance?

A tenant becomes eligible for relocation payments from the property owner when the tenant is displaced from their home due to South San Francisco’s code enforcement activities. South San Francisco Municipal Code § 8.70.030(a). A displacement due to code activities occurs where:

The South San Francisco tenant receives a notice from the property owner requiring them to vacate the home any time following the City of South San Francisco or a Court issuing a notice to vacate, a notice to abate life-threatening condition, or a declaration of substandard condition covering the home; or,

The South San Francisco tenant vacates their home independently – even where the property owner never terminates the tenancy – after:

The City of South San Francisco or a court issues a notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition concerning uninhabitable conditions at the property; and,

The property owner fails to abate or correct the uninhabitable condition(s) in the amount of time specified in the notice or declaration and where the City or court does not order the tenant to vacate earlier. South San Francisco Municipal Code § 8.70.030(a).

What Notices Will the City of South San Francisco Serve Under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance?

The City of South San Francisco provides two notices when acting under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance. The City serves one notice on the property owner, and a second on the South San Francisco tenant. When the City of South San Francisco issues a notice to vacate, notice to abate a life-threatening condition, or declaration of substandard condition to a property owner, the notice shall include information explaining the property owner’s obligations under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance, including the property owner’s obligation to pay the South San Francisco tenant a relocation payment. South San Francisco Municipal Code § 8.70.040(a). Meanwhile, the City of South San Francisco simultaneously provides the same information to each affected South San Francisco tenant at the property.

Notably, where a property owner refuses to comply with this Ordinance by not providing the required relocation payment, South San Francisco tenants may still obtain relocation payments directly from the City of South San Francisco, subject to City discretion and funding availability. South San Francisco Municipal Code §§ 8.70.060(h), 8.70.070. Following a property owner’s failure to provide required relocation payments, South San Francisco tenants may attempt to secure funding from the City of South San Francisco by contacting the City’s Economic & Community Development Department.

What Must Notices to Vacate Served Under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance Contain to be Effective Upon Receipt by South San Francisco Tenants?

Following the City of South San Francisco or a court’s issuance of a notice to vacate, notice to abate a life-threatening condition, or declaration of substandard condition, the property owner may issue their own notice to vacate on the South San Francisco tenant. South San Francisco Municipal Code § 8.70.050. This notice to vacate is invalid unless it states all of the following:

The reasons the South San Francisco tenant must vacate their home;

That the South San Francisco tenant is entitled to relocation payments from the property owner;

That the South San Francisco tenant has a right to re-occupy their home following the completion of repairs, if applicable; and,

The estimated date the home will be available for the South San Francisco tenant’s re-occupancy.

Additionally, the property owner must provide a copy of any notice to vacate served on a South San Francisco tenant to the City of South San Francisco.

Who Must Pay Relocation Payments Required Under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance?

As specified above, property owners are responsible for paying relocation payments to South San Francisco tenants displaced from their homes or rooms due to unsafe or substandard conditions. South San Francisco Municipal Code § 8.70.060(a).

Does the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance Provide A Deadline for Paying Relocation Payments to South San Francisco Tenants?

Yes, the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance requires property owners to pay South San Francisco tenants at least ten (10) days before their expected termination date from the rental unit or room, when specified in notice or order issued by the property owner, the City of South San Francisco or a court. South San Francisco Municipal Code § 8.70.060(b). In the event of multiple notices or orders, the property owner must pay relocation payments to the South San Francisco tenant using the notice or order with the earliest date. Where the advanced notice gives fewer than ten days or fails to specify a termination date, the property owner must pay the South San Francisco tenant all due relocation payments within twenty-four (24) hours after the notice to vacate is posted and mailed.

How Do South San Francisco Tenants Displaced Without Receiving A Notice to Vacate & Without Providing Advanced Notice to the Property Owner Obtain Relocation Payments Under the South San Francisco Unsafe and Substandard Relocation Payment Ordinance?

A South San Francisco tenant that vacates, without providing advanced notice to the property owner, an unsafe or substandard rental unit or room on their own initiative, but in response to a notice to abate a life-threatening condition or declaration of substandard condition issued by the City of South San Francisco, is still entitled to relocation payments under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance. South San Francisco Municipal Code § 8.70.060(c). To obtain relocation payments, the South San Francisco must serve a written demand for payment on the property owner within thirty (30) days of the South San Francisco tenant vacating the rental unit or room. The property owner must furnish relocation payments to the displaced South San Francisco tenant within ten (10) days of receipt of the written demand.

What is the Deadline Property Owners Must Pay South San Francisco Tenants’ Relocation Payments for Temporary Displacement?

Where a South San Francisco tenant suffers temporary displacement, the property owner shall furnish relocation payments within five (5) days of the tenant submitting proof of actually incurred or prospective moving expenses and temporary housing expenses relating to the displacement. South San Francisco Municipal Code § 8.70.060(d).

What Happens When the South San Francisco Tenant’s Temporary Displacement Transforms Into A Permanent Displacement?

A South San Francisco tenant’s initial temporary displacement may only become a permeant displacement if the South San Francisco tenant and the property owner agree, in writing, to treat the displacement as a permeant displacement. South San Francisco Municipal Code § 8.70.060(e). Against the backdrop of the displacement’s transformation, the property owner becomes obligated to provide the South San Francisco tenant relocation payments as required under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance twice. Initially, the property owner must pay the South San Francisco tenant relocation payments for temporary displacement. Once the parties agree to transform the displacement to one of permanence, the property owner becomes obligated to pay the South San Francisco tenant relocation payments for the permanent displacement within ten (10) days of the agreement.

What Happens to My Property Owner’s Obligation to Pay Relocation Payments During An Appeal?

In the event of an appeal under this Ordinance, the property owner’s obligation to pay relocation payments becomes suspended pending the outcome of the appeal. South San Francisco Municipal Code § 8.70.060(f).

Must A South San Francisco Tenant Vacate Their Home When the Property Owner Fails to Pay Relocation Payments?

Generally, a South San Francisco tenant is not required to vacate their home when the property owner fails to pay relocation payments required under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance. South San Francisco Municipal Code § 8.70.060(g). Where the City of South San Francisco determines that, for health and safety reasons, the displacement must occur regardless of the South San Francisco tenant’s receipt of relocation payments, or the property owner complies with Government Code section 70660 to withdraw the rental unit or home from rental or lease, the South San Francisco tenant still must vacate.

What Types of Tenancies Does the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance Not Cover?

The South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance does not cover tenant displacements where:

The property owner demonstrates to the satisfaction of the director that the South San Francisco tenant’s displacement was due to something else primarily, and not the noncomplying condition, the City or court’s determination that the home was cited unsafe or substandard, or due to construction to address the cited unsafe or substandard conditions at the property;

The property owner demonstrates to the satisfaction of the director that the South San Francisco tenant created the cited unsafe or substandard condition(s), or their guest(s), and the property owner was not the cause, or that the cited unsafe or substandard condition(s) giving rise to the code enforcement activities existed at the inception of the South San Francisco tenant’s tenancy and that the South San Francisco tenant moved into the home to obtain relocation payments under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance;

The property owner demonstrates to the satisfaction of the director that the South San Francisco tenant unreasonably prevented the property owner, or their agent, from completing maintenance or repairs that would have prevented or rectified the cited unsafe or substandard condition(s);

All cited unsafe or substandard conditions were corrected, as determined by the City of South San Francisco, before the South San Francisco tenant takes any step towards leaving their home;

The notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition is rescinded or withdrawn by the City of South San Francisco or the court, or is overturned on appeal, before the South San Francisco tenant begins to move from their home;

The property owner makes a written offer to the South San Francisco tenant immediately to occupy a replacement rental unit or room in the same building or complex, and:

The replacement rental unit or room is comparable in size, condition, and amenities to the formerly occupied rental unit or room;

The replacement rental unit or room complies with all applicable zoning, building, and housing codes;

The replacement rent is not greater than the South San Francisco tenant’s current rent; and,

The offer predates the South San Francisco tenant taking any step toward leaving their home; or,

The South San Francisco tenant is required to vacate the rental unit or room due solely to damage resulting from an earthquake, fire, flood, natural disaster, civil disturbance, or accident outside the control of the property owner if:

The displacement is required within six months of such event; and,

The property owner demonstrates to the director’s satisfaction that such damage was not caused by the property owner’s acts or negligence or by a preexisting condition in the building in violation of applicable building, housing, fire, or other health and safety codes. South San Francisco Municipal Code § 8.70.030(b).

Do South San Francisco Tenants Have A Right to Return to Their Home or a Comparable Home?

Yes, the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance contains a provision conferring a right to return on South San Francisco tenants. South San Francisco Municipal Code § 8.70.080(a). For temporary displacements due to curable unsafe or substandard conditions, a property owner must offer the home back to the displaced South San Francisco tenant once that room is no longer unsafe or substandard. Alternatively, the property owner may offer the South San Francisco tenant a comparable home in the same building or complex, if available. For permanent displacements due to unsafe or substandard conditions requiring a demolition, the property owner must offer the South San Francisco tenant a comparable home, if available at the same building or complex.

Upon the South San Francisco tenant exercising their right to return to their home or a comparable unit or room, the property owner must afford the South San Francisco tenant the same terms and conditions that applied to the former tenancy before the displacement.

To exercise their right to return, South San Francisco tenants must inform property owners, in writing, of their temporary addresses while displaced. When the rental unit is ready for reoccupation, the property owner must send the South San Francisco tenant a notice of availability. Once received, the South San Francisco tenant has seven (7) days to accept the offer to reoccupy the rental unit. Please note that a valid notice of availability must inform the South San Francisco tenant of their seven (7) day deadline to notify the property owner of their decision regarding the offer to reoccupy the rental unit.

The property owner must notify the displaced South San Francisco tenant by certified mail at least thirty (30) days before the rental unit or room’s availability. South San Francisco Municipal Code § 8.70.080(b). Where a property owner provides fewer than thirty (30) days’ notice, and the South San Francisco tenant exercises their right to return to the rental unit, the property owner must hold the rental unit for at least thirty-five (35) days after the mailing of the notice of availability. The property owner may not charge the South San Francisco tenant any expense, such as a holding deposit.

Where the property owner requires the South San Francisco tenant to pay a security deposit as part of their reoccupation of the rental unit, the property must permit the South San Francisco tenant sufficient time to obtain a refund of any deposit paid to obtain replacement housing during the period of relocation. South San Francisco Municipal Code § 8.70.080(c).

Finally, a South San Francisco tenant’s exercise of their right to return does not affect their eligibility for relocation payments under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance. South San Francisco Municipal Code § 8.70.080(d).

What Are the Amount of Relocation Payments South San Francisco Tenants Must Receive Under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance?

What Relocation Payments Must South San Francisco Tenants Receive For Permanent Displacements

South San Francisco tenants that become permanently displaced from their rental unit or room are entitled to a relocation payment from the property owner of three times (3x) the current monthly United States Department of Housing & Urban Development (“HUD”) Fair Market Rent for a comparable unit, less the actual rent the South San Francisco tenant would have paid for the month of the displacement. South San Francisco Municipal Code § 8.70.090. Additionally, the property owner must cover the South San Francisco tenant’s moving costs and related expenses actually incurred by the South San Francisco tenant, which the tenant substantiates with receipts, invoices, or other evidence of payment. Where the South San Francisco tenant resides in a room, the tenant is entitled to receive the Fair Market Rent for an “efficiency unit,” as determined by HUD. The receipt of relocation payments does not affect the South San Francisco tenant’s rights relating to returning their security deposit under California Civil Code section 1950.5.

What Relocation Payments Must South San Francisco Tenants Receive For Relocation Payments For Temporary Displacements

South San Francisco tenants suffering a temporary displacement from their rental unit or room are entitled to a relocation payment from the property owner covering actual or reasonable moving expenses and temporary housing costs actually incurred due to the temporary displacement. South San Francisco Municipal Code § 8.70.090(b). Moving expenses include the cost of removing, transporting, and/or storing the South San Francisco tenant’s personal property while displaced. Temporary housing accommodation expenses include the cost of rental payments and hotel or motel payments during the displacement period. However, the property owner is never required to make a temporary housing accommodation payment greater than the amount owed to a South San Francisco tenant suffering a permanent displacement from their home under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance.

Under the South San Francisco Unsafe or Substandard Unit Relocation Ordinance, temporary housing accommodations must be:

Comparable in size, condition, or amenities to the formerly occupied rental unit; and,

Comply with all applicable zoning, building, and housing codes; and,

Shall be located within South San Francisco city limits or any city or unincorporated area that borders South San Francisco, except where the South San Francisco tenant agrees, in writing, to accept temporary housing accommodations elsewhere. South San Francisco Municipal Code § 8.70.090(b)(3).

Where the temporary housing is not comparable in size, condition, or amenities, or located outside of South San Francisco or a neighboring place, the property owner must also pay the South San Francisco tenant a living stipend in the amount of fifty (50%) percent of the current U.S. General Services Administration meals and incidentals per diem rate for San Mateo/Foster City/Belmont, per tenant household member, per day, with a cap of one thousand ($1,000) per household. South San Francisco Municipal Code § 8.70.090(b)(4).

South San Francisco Property Owners Can Offer South San Francisco Tenants Temporary Housing During a Temporary Displacement

In lieu of paying the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance, the property owner may offer to provide their South San Francisco tenant with a temporary rental unit. South San Francisco Municipal Code § 8.70.090(b)(2). However, the South San Francisco tenant maintains the sole option to accept or decline this office.

Enhanced Relocation Payments for Immediate Displacement

When required to vacate their rental unit or room immediately, or with fewer than thirty (30) days’ notice, due to the City of South San Francisco issuing a red tag due to unsafe or substandard conditions, South San Francisco tenants are entitled to an enhanced relocation payment. South San Francisco Municipal Code § 8.70.090(c). Under these circumstances, the property owner must pay the South San Francisco tenant an additional one thousand dollars ($1,000). This payment is meant to compensate the South San Francisco tenant for additional costs and inconvenience associated with short-notice moves.

Can South San Francisco Tenants Waive or Modify Their Rights Under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance?

No, South San Francisco tenants cannot be forced to waive or modify their rights under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance. South San Francisco Municipal Code § 8.70.030(c). Any waiver or modification is void as contrary to public policy.

What Appeal Procedures Exist Under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance?

South San Francisco tenants and property owners may file appeals under the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance. South San Francisco Municipal Code § 8.70.110(a)(1). Any decision, order, or determination regarding relocation payments or a notice of penalty or fine assessed by the City of South San Francisco under this Ordinance may be appealed.

To file an appeal, South San Francisco tenants must:

Address a written appeal to the Director of the Economic & Community Development Department;

Ensure the Director receives the appeal within ten days of the date appearing on the decision, order, or determination;

Provide a copy of the appeal to the property owner. South San Francisco Municipal Code § 8.70.110(a)(2).

After the Director receives the appeal, they shall set a hearing before the appeals panel within thirty days from the date the appeal is filed. South San Francisco Municipal Code §§ 8.70.110(b)(1), (b)(2). A failure to appear at the hearing constitutes an automatic forfeiture of the decision. South San Francisco Municipal Code § 8.70.110(b)(3).

Similarly, where the property owner appeals a decision, order, or determination, they must serve the South San Francisco tenant with a copy of the appeal that they filed. And, the South San Francisco tenant has a right to attend the hearing. South San Francisco Municipal Code § 8.70.110(b)(1).

How Long Must A South San Francisco Tenant Wait For Their Relocation Payment After Prevailing At An Appeal Hearing Disputing Their Entitlement to Any Relocation Payment?

Where a property owner appeals a South San Francisco tenant’s entitlement to relocation payments and does not prevail, the South San Francisco tenant must be paid within ten (10) days after the property owner receives the appeals panel’s written decision. South San Francisco Municipal Code § 8.70.110(b)(2).

Does the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance Contain an Anti-Retaliation Protections?

Yes, the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance contains anti-retaliation protections prohibiting retaliation against any South San Francisco tenant that exercises rights granted under the Ordinance. South San Francisco Municipal Code § 8.70.120. Specifically, in response to a South San Francisco tenant exercising their rights under this Ordinance, the property owner may never:

Engage in any conduct violating California Penal Code section 484(a);

Engage in any conduct violating California Penal Code section 518;

Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the South San Francisco tenant’s quiet enjoyment of the premises in violation of California Civil Code section 1927 that would create an apprehension of harm in a reasonable person;

Commit a significant and intentional violation of California Civil Code section 1954;

Threaten to disclose information regarding or relating to a South San Francisco tenant’s, occupants, or their known associate/acquaintance’s immigration or citizenship status.

How Are South San Francisco Tenants Fighting Back Against Property Owner Abuse of the South San Francisco Unsafe or Substandard Unit Relocation Ordinance?

South San Francisco tenants facing retaliation, harassment, or a denial of their rights relating to the South San Francisco Unsafe or Substandard Unit Relocation Ordinance have several options to fight back.South San Francisco tenants may complaint to the following entities serving South San Francisco:

South San Francisco Economic & Community Development Department by web or by phone;

South San Francisco City Attorney’s office by web or by phone;

Project Sentinel by web or by phone;

Housing Equality Law Project by web or by phone;

Legal Aid of San Mateo County by web or by phone;

Community Legal Services by web or by phone; and,

Stanford Community Law Clinic by web or by phone.

Additionally, South San Francisco tenants may file a lawsuit against a property owner that does not comply with the South San Francisco Unsafe or Substandard Unit Relocation Payment Ordinance or where the South San Francisco tenant faces retaliation for exercising any rights afforded under the Ordinance. South San Francisco Municipal Code § 8.70.130(a). The South San Francisco tenant may obtain injunctive relief or actual damages against the property owner. Additionally, the court may triple damages where the property willfully fails to pay relocation payments owed to the South San Francisco tenant. Finally, if the South San Francisco tenant prevails in a civil lawsuit, the court is empowered to award reasonable attorney fees.

To discuss your rights under the South San Francisco Unsafe or Substandard Unit Relocation Ordinance, your rights as a South San Francisco tenant, California Rent Control (AB 1482), contact Astanehe Law, including by phone or email to speak with a tenant attorney.

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