(A) This section shall only apply to “no fault” evictions. In other words, if the tenant has not met its obligations under the lease or was “at fault” for the eviction, no relocation assistance will be required. As to “no fault” evictions, for all tenants in good standing living in households at or below 140% of the median income, by household size, landlord shall pay a relocation allowance equal to two and one-half months fair market rents as established by the U.S. Department of Housing and Urban Development ("HUD") for a rental unit of a similar size. In addition to the relocation allowance, landlord shall also pay a moving expense allowance in the amount of $1,306 for adult households or $3,935 for households with dependents, disabled, or senior members. The amounts listed are adjusted for FY 2019 and will continue to be adjusted as provided in division (C) below.
(B) For all tenants in good standing, who meet the income eligibility requirements of division (A) above, and who have maintained continuous tenancy for a period of ten years or more shall be entitled to enhanced relocation allowance and moving expenses. The total amount of relocation allowance to be paid by the landlord to the tenant is based on the length of the tenancy. For each year after the tenth anniversary, the amount of the base relocation allowance shall be increased by 10%, and shall increase each year thereafter until reaching the maximum of 200% of the base relocation allowance on the twentieth anniversary of the tenancy.
(C) The relocation allowance and moving expense allowance provided for in this section shall be automatically increased every year in accordance with changes in the HUD fair market rents. The moving expense allowance provided in this section shall be adjusted annually in accordance with the Consumer Price Index (for Los Angeles-Long Beach).
(D) The relocation allowance provided for in this section shall be triggered if any of the following circumstances occur:
(1) Demolition. A landlord or property owner seeks to recover possession of the unit for purpose of demolition.
(2) Permanent removal of unit from the rental market. The landlord seeks to remove the rental unit permanently from the rental housing market.
(3) Occupancy by landlord or landlord's family member. The landlord seeks to vacate the rental unit for the sole purpose of making the unit available for occupancy by the landlord or a family member of the landlord. In this circumstance, the amount of relocation and moving expense allowance which landlord is obligated to pay to the tenant shall be equal to one-half of the relocation allowance and moving expense allowance provided for in this chapter.
(4) Government order to vacate. The landlord seeks to recover possession of the rental unit in order to comply with a governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates vacating the rental unit as a result of a significant or extended violation of housing, health, building or safety laws of the state of California or the City of Baldwin Park which would result in a constructive eviction.
(5) Change in ownership. There is a change in ownership of the rental unit and, at any time within 18 months of the change in ownership, the landlord notifies the tenant that at some specific date after the change in ownership, the tenant's tenancy is being terminated, the tenant is being evicted, and/or there is going to be a large rent increase. For purposes of this chapter, a “large rent increase” means any rent increase exceeding the cost of living increase (“CPI”) plus 5% within the 12-month period prior to the notice of the rent increase.
(6) Non-exclusive remedy. Nothing in this chapter limits the rights of the city or tenant to recover from the landlord any relocation allowance or moving expense allowance or placement assistance or any other assistance provided to assist eligible renters and/or other city costs incurred for the correction/abatement of distressed properties which the city is legally entitled to recover.
(E) Landlord's non-renewal and/or termination of tenancy under any of the circumstances described in division (D) above, shall not exempt landlord from the obligation to pay relocation allowance and moving expense allowance as provided for in this chapter to any displaced tenant in good standing.
(F) Upon request of landlord, city, or city consultant, tenant shall provide the following documentation to determine eligibility for relocation allowance and moving expense allowance:
(1) A signed certification of household members and household income on a form acceptable to the city;
(2) Documentation of income (e.g., paystubs, public benefits statements, employer verification);
(3) Any other documentation as may be reasonably requested by landlord, city, or city consultant.
(Ord. 1447, passed 10-21-20; Am. Ord. 1501, passed 4-5-23)