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(A) A landlord seeking to recover possession under §§ 5.54.030(C)(5) through (C)(7) must make relocation payments to the tenant's household of the rental unit. The amount of the relocation benefit shall be equal to two months' rent, at the rate of rent applicable at the time of the relocation. Relocation payments shall be paid at the time of the service of the notice of termination of tenancy. If the tenant fails to vacate the unit, the relocation payment must be returned to the landlord.
(B) Notwithstanding § 5.54.050(A), any tenant household that, at the time the notice of intent to withdraw rental units is filed with the town, includes a tenant who is 62 years of age or older, 17 years of age or younger, disabled, or certified as being terminally ill by the tenant's treating physician shall be entitled to receive an additional payment of $3,000.
(C) Every year following the date of passage, the relocation payments specified in §§ 5.54.050(A) and (B) shall increase annually at the rate of increase in the "rent of primary residence" expenditure category of the consumer price index (CPI) for Marin County for the preceding calendar year, as that data is made available by the United States Department of Labor and published by the town.
(D) Short-term tenant relocation.
(1) Where a tenant shall be displaced from their rental unit for renovation work for a period of thirty days or less, the landlord shall immediately make short-term relocation payments to the tenant as set out in division (D)(3), below, or the tenant may elect not to receive short-term relocation payments. If the tenant receives short-term relocation payments, the tenant remains obligated to pay the lawful rent in effect when the tenant vacated. If the tenant has elected not to receive short-term relocation payments, the tenant shall not be obligated to pay rent until the tenant re-occupies the rental unit.
(2) Should a tenant be displaced for a greater time than originally notified, the landlord shall pay additional short-term relocation expenses for each additional day of displacement, to be paid on a weekly basis prior to each additional week.
(3) The following amounts shall be paid by the landlord to the tenant for each day of displacement:
(a) Hotel or motel accommodations: $168.15 per household;
(b) Meal expenses: $33.85 per occupant;
(c) Laundry: $1.12 per household; and
(d) Pet accommodation: $32.73 per cat and $58.69 per dog.
(4) Replacement amounts shall be adjusted yearly based on the CPI increase. The Town Manager shall publish the new relocation amounts each year following the increase.
(E) If a landlord fails to provide relocation payments in accordance with this section, in addition to any other remedy under this chapter, or at law, the tenant may pursue a civil action for the amount of relocation payments they would have been entitled to and costs of suit. The statute of limitations for all remedies in this section shall be three years. The remedies of this section are cumulative, and may be used in addition to any other remedy available in this chapter or at law.
(F) A landlord's failure to properly allege and prove a permissible ground for eviction under §§ 5.54.030(C)(5) through (C)(7) is not a defense to failing to provide relocation payments when a landlord recovers the rental unit in violation of § 5.54.030. Further, where a tenant vacates a rental unit within one year of receiving a termination notice pursuant to §§ 5.54.030(C)(5) through (C)(7), the reason for vacating shall be presumed to be the termination notice.
(Ord. 870, passed 11-2-2022)