(a) Relocation assistance shall be paid by the developer to qualifying tenants and subtenants who vacate the development either voluntarily or involuntarily after receiving the notice of conversion in accordance with the following:
Length of Tenancy (Years) | Relocation Assistance For Tenants Under Age 60 Who Are Not Blind Or Deaf or Unable to Walk Without Assistance | Relocation Assistance For Tenants Over Age 60 or Who Are Blind Or Deaf or Unable To Walk Without Assistance |
Under 5 |
-0- |
One Month's Rent |
5 to 10 |
One Month's Rent |
Two Month's Rent |
Over 10 |
Two Month's Rent |
Three Month's Rent |
(b) The relocation assistance provided for in subsection (a) hereof shall be determined to have been waived by the tenant and subtenant of the unit if occupancy is voluntarily continued beyond the expiration date of the lease or the applicable 120 or 180 day periods as provided for in Section 1361.08, whichever shall occur later.
(c) The age of the tenant, years of continuous occupancy and applicable monthly rental shall be determined as of the date the public offering statement is filed with the City pursuant to Section 1361.06.
(d) In unfurnished sublet units, the subtenant shall be entitled to the benefits of this section; otherwise the tenant shall be entitled to the benefits, provided that, the developer shall not be obligated to determine tenant from subtenant and shall have fulfilled his obligation under this section by delivering the relocation assistance to either the tenant or subtenant.
(e) The relocation assistance payment required herein shall be paid within fourteen days of complete vacation of the development by the tenant or subtenant,
(f) Where the rental unit is occupied by two or more co-tenants, one of whom is a qualified tenant, each co-tenant of the unit shall be paid a pro-rata share of the relocation assistance payable within fourteen days of complete vacation of the unit by the last remaining co-tenant. In no event shall the developer be liable to pay more relocation assistance per unit then that payable as if the unit were occupied by one qualifying tenant.
(g) The relocation assistance provided for herein shall be in addition to any damage, deposit or other compensation or refund to which the tenant is otherwise entitled.
(h) Any tenant who claims relocation assistance upon the basis of age, physical condition or years of continuous occupancy shall, prior to vacation, deliver a written statement to the developer declaring such to be the fact, and in such case, such statement shall be presumed to be true in the absence of evidence to the contrary.
(Ord. 80-84. Passed 1-19-81.)