§ 10.4 TENANT PROVISIONS.
   (A)   As provided in California Government Code § 66427.1(a), a notice of intent to convert shall be delivered by the subdivider to each tenant at least 60 days prior to filing of the tentative map. The written notices of tenants required by this section shall be deemed satisfied if the notices comply with the requirements for service by certified mail. The form of the notice shall be in the form outlined in California Government Code § 66452.9(b), approved by the Planning Department and will inform the tenants of all rights provided under this article and state law.
   (B)   As provided in California Government Code § 66427.1(a), each tenant shall receive ten days written notice that an application for a public report will be or has been submitted to the Department of Real Estate and that the report will be available on request. The written notices to tenants required by this section shall be deemed satisfied if the notices comply with the requirements for service by certified mail.
   (C)   As provided in California Government Code § 66427.1(b), each tenant shall receive written notification within ten days of approval of a final map for the proposed conversion. The written notices to tenants required by this section shall be deemed satisfied if the notices comply with the requirements for service by certified mail.
   (D)   As provided in California Government Code § 66427.1(d), any present tenant shall be given notice of an exclusive right to contract for purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report unless the tenant gives prior written notice of his or her intention not to exercise the right. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices to tenants required by this section shall be deemed satisfied if the notices comply with the requirements for service by certified mail.
   (E)   Each tenant not in default under the obligations of the rental agreement or lease under which he or she occupies his or her unit, shall be given 180 days written notice of intention to convert his or her unit prior to termination of tenancy. The subdivider shall notify each tenant immediately prior to the time of final map approval of the anticipated date required to vacate the unit and when the 180-day period will begin. Evidence of receipt by each tenant shall be submitted prior to approval of the final map. The written notices of tenants required by this section shall be deemed satisfied if the notices comply with requirements for service by certified mail.
   (F)   The rent charged tenants resident when a completed tentative map application was accepted by the Planning Department shall not be increased for two years from that acceptance time or until the subdivision is denied or withdrawn. The increase in rent on a unit which has been rented after receipt of the application by the Planning Department shall be limited to 5% per year, as long as the tentative map is valid.
   (G)   Any non-purchasing tenant who is handicapped or has minor children in school or is age 60 or older and does not accept a lifetime lease, living in any unit prior to the time a completed tentative map application has been accepted by the Planning Department shall be given at least an additional six months in which to find suitable replacement housing.
   (H)   The subdivides shall provide moving expenses of two times the monthly rent, not to exceed $500, to any tenant household living in any unit prior to the time a completed tentative map application has been accepted by the Planning Department, as provided in this section. A tenant moving in after tentative map application will not be required to be provided with moving expenses. Eligible tenants will receive moving expenses within 14 days after they relocate, except when the tenant has given notice of his or her intent to convert. The subdivides shall also provide each tenant with a list of other comparable rentals available in the city area beginning from the time of tentative map application.
   (I)   Beginning at a date not less than 60 days prior to the filing of the tentative map, the subdivides or his or her agent shall give notice of the filing in the form outlined in California Government Code § 66452.8(b) to each person applying after the date for rental of a unit prior to acceptance of any rent or deposit. If the subdivides or his or her agent fails to give notice pursuant to this section, he or she shall pay to each prospective tenant who becomes a tenant, and who was entitled to the notice and who does not purchase his or her unit, an amount equal to two times the monthly rent, not to exceed $500, for moving expenses.
   (J)   At the time of final map approval, all tenant households resident at the time a completed tentative map application was accepted by the Planning Department in which the head of household or spouse is age 60 years or older shall be offered a lifetime lease. Annual rent increases shall not exceed 5%. Starting rents shall be the rent at the time of tentative map application.
   (K)   At the time of final map approval, all tenant households resident, upon acceptance by the city of a completed tentative map application, which meet the income limits of the Farmers Home Administration, will be considered low and moderate income households and shall be offered, at minimum, a three-year lease. Annual rent increases shall not exceed 5%. Starting rents shall be the rent at the time of tentative map application.
(`61 Code, § 10.4) (Ord. 709, passed 1-18-1983)