5.14.070 Relocation assistance.
(1) Permanent Relocation Assistance. When relocation assistance must be paid to tenants who are evicted from their rental unit pursuant to CMC 5.14.060, the landlord must make the relocation assistance payment in accordance with this section. The landlord must provide written notice to the tenant of the tenant’s entitlement to permanent relocation assistance at the same time the landlord serves a notice of termination of tenancy.
(a) The landlord shall pay a relocation assistance amount equal to three times the tenant’s monthly rent in effect when the landlord served the notice to terminate the tenancy.
(b) If any tenant residing in the rental unit from which the tenants are to be displaced includes a qualified tenant, then all tenants living in the rental unit are collectively entitled to additional relocation assistance as follows:
(i) The landlord shall pay an additional relocation assistance amount equal to one time the tenant’s monthly rent in effect when the landlord served the notice to terminate the tenancy.
(ii) For purposes of this subsection, “qualified tenant” means any tenant who:
(A) Is 62 years of age or older; disabled, as defined in California Government Code Section 12955.3; or handicapped, as defined in California Health and Safety Code Section 50072;
(B) Has one or more dependent children under the age of 18 residing in the rental unit;
(C) Meets the income limits for a “lower-income household” as defined in California Health and Safety Code Section 50079.5; or
(D) Has continuously resided in the rental unit for five years or more.
The tenant shall notify landlord within 10 days of receiving the termination of tenancy notice, if any of the tenants living in the rental unit from which the tenants are to be displaced includes a qualified tenant, along with any reasonable proof of eligibility.
(c) Permanent relocation assistance payments must be paid directly to the tenant.
(i) If a rental unit is occupied by two or more tenants, then each tenant of the rental unit shall be paid a prorated share of the relocation assistance payment.
(ii) Landlord shall pay one-half of the relocation assistance due no later than 15 days following service of the termination of tenancy and the balance due no later than five business days after the tenant has vacated the rental unit. If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided pursuant to this chapter shall be recoverable as damages in an action to recover possession.
(2) Temporary Relocation Assistance. A landlord must provide temporary relocation assistance to tenants of a rental unit who are temporarily displaced due to repairs, rehabilitation of a rental unit, health and safety violations, or other work or activities that will make the rental unit an untenantable dwelling, as defined in California Civil Code Section 1941.1, or will expose the tenant to toxic or hazardous materials, or that cannot otherwise be completed while the tenant remains in the rental unit.
(a) Thirty Days or Less. A landlord must provide the tenant a per diem payment if the tenant will be temporarily displaced for 30 days or less.
(b) Thirty-One Days or More. A landlord must provide the tenant either a per diem payment or comparable temporary accommodations, if available.
(c) Per Diem Payment.
(i) Per diem payment will be based on the federal General Services Administration per diem rate for lodging in the county of Los Angeles, which is updated on a yearly basis, unless otherwise agreed upon by the landlord and tenant, and may include any applicable transient occupancy taxes.
(ii) Upon mutual agreement by the landlord and tenant, per diem payments may be paid directly to the tenant, or in the event of hotel, motel or short-term rental accommodations, directly to the hotel, motel or short-term rental.
(d) Temporary relocation assistance payments will be made on a pro rata basis to the eligible tenant household.
(e) Temporary Hotel or Motel Accommodation. If relocation is to a hotel or motel, the landlord must provide a hotel or motel accommodation which is safe, sanitary and, unless otherwise agreed upon by the landlord and tenant, within a reasonable distance of the tenant’s rental unit.
(f) The temporary displacement and relocation of a tenant pursuant to this section shall not terminate the tenancy of the displaced tenant. The displaced tenant shall have the right to reoccupy his or her rental unit upon the completion of the work necessary for the rental unit to comply with housing, health, building or safety laws or any government order and the tenant shall retain all rights of tenancy that existed prior to the displacement.
(g) Nothing in this section shall be construed as authorizing a landlord to require a tenant to vacate a unit, except as permitted under federal, state, or local law.
(3) No Waiver. A tenant cannot waive his or her right to receive relocation assistance required by this chapter.
(4) Any action brought by a tenant for a violation of this section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this section. (Ord. 737 § 2 (Exh. A), 2023).