DATE: December 3, 2024
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Title
Tenant Relocation Assistance Ordinance: Introduction of an Ordinance Amending Chapter 12, Article 2 of the Hayward Municipal Code Simplifying Requirements for Relocation Assistance; Adopt a Resolution Amending the FY 2025 Master Fee Schedule; and Adopt a Resolution Appropriating Revenue Funds Received from Landlords Reimbursing the City for Relocation Assistance Cases
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RECOMMENDATION
Recommendation
That the City Council:
1. Holds a public hearing to obtain input on proposed amendments to the Tenant Relocation Assistance Ordinance and associated amendment to the FY 2025 Master Fee Schedule; and
2. Introduces an ordinance (Attachment III) amending Chapter 12, Article 2 of the Hayward Municipal Code simplifying requirements for relocation assistance; and
3. Adopts a resolution (Attachment IV) amending Resolution No. 24-197 FY 2025 Master Fee schedule approved on October 8, 2024; and
4. Adopts a resolution (Attachment V) appropriating $29,858 in revenue funds received from Landlords Reimbursing the City for Relocation Assistance Cases.
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SUMMARY
On June 4, 2024, the City Council adopted the FY 2025 Strategic Plan, which includes a proposed special project to simplify the Tenant Relocation Assistance Ordinance. The current Tenant Relocation Assistance Ordinance (TRAO) has layers of complexities that have made the ordinance difficult for stakeholders to understand and for staff to administer. Through this report, staff have outlined several areas within the ordinance for simplification. Staff recommend making the following modifications to the TRAO:
• Modifying the temporary relocation assistance from per diem requirements to a one-time flat rate of three times the Fair Market Rate (FMR) (prorated if relocation lasts fewer than 30 days)
• Explicitly stating that relocation assistance for governmental agency’s order to vacate requires relocation assistance required by state law in addition to City’s requirements
• Aligning the timeframes for relocation assistance based on a governmental agency’s order to vacate with state law
• Cross referencing defined terms shared by the Residential Rent Stabilization and Tenant Protection Ordinance (RRSO) and the TRAO
• Changing timeframes references to consistently indicate “calendar days”
• Implementing a penalty fee of $1,000 for Landlords who do not provide relocation assistance in a timely manner for cases relating to a governmental agency’s order to vacate
• Implementing a fee for appeal hearings except in cases of hardship and modifying the assessment process to only conduct hearings upon request consistent with these processes referenced elsewhere in the Hayward Municipal Code (HMC)
Attachment VI shows these changes with redlines to the existing TRAO.
Additionally, staff recommends appropriating $29,858 in funds received from landlords who reimbursed the City after the City disbursed funds to tenants for relocation assistance due to a governmental agency’s order to vacate.
ATTACHMENTS
Attachment I Staff Report
Attachment II TRA Ordinance Summary
Attachment III Amended TRA Ordinance
Attachment IV Resolution Master Fee Amendment
Attachment V Resolution Appropriating Revenue
Attachment VI Amended TRA Ordinance Redlines