Tenant Relocation Assistance

Tenant Relocation Assistance Ordinance

In September 2017, the City of San Leandro adopted a Tenant Relocation Assistance Ordinance (San Leandro Municipal Code Chapter 4.37, the "Ordinance" (PDF)) to protect tenants "from the adverse health, safety and economic impacts of displacement." The new law took effect on October 18, 2017.

Frequently Asked Questions

Eligibility

Tenant relocation ordinance is triggered when a tenant's rental agreement is terminated due to landlord-caused terminations as identified in the Ordinance. Eligible tenants may receive relocation assistance of up to $7,000 per unit from their landlord following a landlord-caused termination in order to assist with relocation to a new residence. A housing unit must be located in a parcel that contains two or more tenant-occupied housing units for the tenant to be eligible for tenant relocation ordinance. Thus, a housing unit located on a single parcel is exempt from the Ordinance.

Exceptions to "Landlord-Caused Termination"

Exceptions to "landlord-caused termination" include the following:

  • Tenant failure to pay rent
  • Tenant breach of lease or rental contract
  • Tenant illegal activities
  • Failure to allow landlord access after legal notice
  • Residential property uninhabitable without landlord fault (e.g., tenant's negligence or willful misconduct, earthquake, fire, flood)
  • Lawful termination of employment where such employment (e.g., on-site property manager) by the landlord was a condition of the lease
  • Temporary repairs where the landlord provides the tenant with short-term alternative housing during the renovation period
  • 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)
  • Landlord occupancy of the rental unit (limited to the landlord, his or her spouse, landlord's parent or parents or landlord's spouse's parent or parents, landlord's child or children or landlord's spouse's child or children, and landlord's or landlord's spouse's grandchildren)

Housing Units

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:

  • A single family housing rental unit in a parcel is exempt from Tenant Relocation Assistance requirements provided there are no other housing units on the parcel.
  • Rental housing units with a recorded affordable housing regulatory agreement that restricts rents to income qualified tenants (e.g., publicly subsidized affordable rental housing).

Special-Circumstance Household Members

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

Relocation Assistance Amounts

Eligible tenants will receive the higher of: 

  1. Three times the monthly rent that the tenant is currently paying; or
  2. Three times the current Fair Market Rent for the Oakland-Fremont metropolitan area (PDF)

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. View more information on the methodology of how HUD determines Fair Market Rates.

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.

Noticing & Relocation Assistance Payment Procedures

Landlords are required to use one of the two following noticing and relocation assistance payment procedures when their actions trigger Tenant Relocation Assistance:

  1. Situation 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. View/download the required Notice of Entitlement to Relocation Assistance (for Terminations) (PDF) in English/Spanish/Chinese.
    • For situation Number 1, Landlords shall pay relocation to an eligible tenant in two installments:
      1. Half within five days following notice delivered to a tenant of a landlord-caused termination
      2. The other half within 5 days of the tenant vacating the residential property
  2. Situation 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 Number 2 above, Landlords shall pay relocation to an eligible tenant in two installments: 
      1. Half within five days of receiving written notice from tenant to vacate the unit 
      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.

Please note: If a tenant receives any relocation payments and opts to return to the apartment, then tenant shall reimburse the landlord for payments received.