In addition to the tenant protection provisions set forth in the State of California Subdivision Map Act, the applicant shall comply with the following provisions, as conditions of any conditional use permit for a condominium conversion project approved pursuant to these sections:
(A) Sales and lease termination. A tenant of any project proposed for conversion on the date of application for each conversion may terminate any lease after giving 30 days' notice.
(B) Relocation assistance. The applicant shall offer to each eligible tenant a plan for relocation to comparable housing, as approved by the city. The relocation plan shall provide, at a minimum, for the following:
(1) Assistance to each eligible tenant in locating decent, safe, and sanitary comparable housing, including but not limited to, providing availability reports. Apartment size, rent range, major kitchen and bathroom facilities, special facilities for the handicapped, infirmed or senior citizens and willingness to accept families with children will be considered in the determination of "comparable" as will accessibility to the tenant's place of employment; community and commercial facilities, schools; and public transportation.
(2) Payment of a relocation fee, equal to the amount of three month's rent, to each tenant who does not choose to purchase. A tenant is not entitled to a relocation fee pursuant to this section if the tenant has been evicted for just cause.
(3) The offer to each eligible tenant of a plan for relocation shall be free of any coercion, intimidation, inducement or promise not herein specified and shall not cause the tenant to vacate in advance of, a timetable or schedule for relocation as approved in its application for approval of conversion.
(4) Any tenant who chooses not to purchase and who is handicapped, or who has minor children in school, or is age 60 or older living in any unit prior to the time a completed tentative map application as determined by the Community Development Department shall be given an additional six months in which to find suitable replacement housing according to the timetable or schedule for relocation as approved in the conversion application.
(5) Other assistance deemed necessary by the City Council to mitigate the negative impacts caused by relocation.
(C) Anti-discrimination. The applicant or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale, of any dwelling unit against any person who is or was a lessee or tenant of any such dwelling unit because such person opposed, in any manner, the conversion of such building into a condominium.
(D) Pre-conversion protection. From the date of application for a use permit to convert, or until relocation takes place or the application is denied or withdrawn, but in no event for more than two years, no tenant shall be unjustly evicted and no tenant's rent shall be increased more frequently than once every six months, nor in an amount greater than the annual increase in utility costs, insurance costs, and property tax, plus increased operating costs not to exceed the Consumer Price Index applicable for the Bay Area per year. This limitation shall not apply if rent increases are expressly provided for in leases or contracts in existence prior to the filing date of the conditional use permit for the conversion.
(E) Appliance warranties. The applicant shall at the close of escrow provide free of charge to the first individual purchaser of each unit a one-year warranty for repair and replacement on each built-in appliance contained in the unit, whether new or used.
(Ord. 1070-C-S, passed 6-13-06)