Ordinance 3398 Docusign Envelope ID:71A0145F-08D6-81B1-8143-B09C9F54C093
CITY OF ALAMEDA ORDINANCE NO. 3398
New Series
AMENDING ALAMEDA MUNICIPAL CODE ARTICLE XV (RENT
CONTROL, LIMITATIONS ON EVICTIONS AND RELOCATION
PAYMENTS TO CERTAIN DISPLACED TENANTS) TO
INCORPORATE POLICY CHANGES AND CLARIFYING UPDATES
WHEREAS, the City Council of the City of Alameda first adopted a rent control
ordinance in 2016; and
WHEREAS, City Council amended and restated such ordinance in September
2019 and designated it the Rent Control, Limitations on Evictions, and Relocation
Payments to Certain Displaced Tenants Ordinance ("Rent Control Ordinance"); and
WHEREAS, thereafter from time to time, in order to meet changing rent related
issues that affect the community, the City Council has amended the Rent Control
Ordinance, such as amending the Rent Control Ordinance to provide protection to tenants
at floating home marinas and to provide protection from substantial rent increases at large
apartment complexes due to capital improvements; and
WHEREAS, now that the Rent Control Ordinance has been in effect for more than
six years, City staff has compiled a number of proposed amendments to the Rent Control
Ordinance to align the Ordinance with the current day to day practice of the Rent Program,
to clarify ambiguous or vague provisions, and to eliminate internal consistencies; and
WHEREAS, this Ordinance is exempt from review under the California
Environmental Quality Act ("CEQA") under CEQA Guidelines Sections 15378 (not a
project) and 15061(b)(3) (no significant environmental impact).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
ALAMEDA as follows:
Section 1: Alameda Municipal Code ARTICLE XV (RENT CONTROL, LIMITATIONS
ON EVICTIONS AND RELOCATION PAYMENTS TO CERTAIN DISPLACED TENANTS
ORDINANCE) is hereby amended as follows (in redline; otherwise, no change):
6-58.15 — Definitions.
Unless the context requires otherwise, the terms defined in this Article shall have the
following meanings:
Annual General Adjustment means seventy (70%) percent of the percentage
change in the Consumer Price Index for the twelve (12) month period ending April of
each year and rounded to the nearest one-tenth of a percent; provided, however, in
no event shall the Annual General Adjustment be more than five (5%) percent nor less
than one (1) percent.
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Base Rent means for all Rental Units, other than a Floating Home or a vessel/boat
for which there is a maritime residential tenancy, that State Law does not exempt from
rent control, the Rent in effect on September 1, 2019 or the Rent in effect on a later
date (as established in subsection A of Section 6-58.60) and shall be the reference
point from which the Maximum Allowable Rent shall be adjusted upward or downward
in accordance with this Article. For all Rental Units that are Floating Homes or
vessels/boats for which there is a maritime tenancy, Base Rent shall mean the Rent
that a Tenant paid for the Rental Unit on or before April 14, 2022 but not Rent paid
thereafter and shall be the reference point from which the Maximum Allowable Rent
shall be adjusted upward or downward in accordance with this Article. For Tenancies
for Floating Homes or vessels/boats for which there will be a maritime tenancy,
commencing after April 14, 2022, the Base Rent is the initial Rent in effect on the date
the Tenancy commences.
Base Rent Year for all Rental Units other than Floating Homes or vessels/boats
for which there is a maritime residential tenancy, Base Rent Year means 2015. Base
Year Rent for all Rental Units that are Floating Homes or vessels/boats for which there
is a maritime tenancy means 2021 .
Buyout Agreement means a written agreement between a Landlord and a Tenant
as provided in Section 6-58.115 by which a Tenant, typically in consideration for
monetary payment, agrees to vacate a Rental Unit.
Capital Improvement means an improvement or repair to a Rental Unit or property
that materially adds to the value of the property, appreciably prolongs the property's
useful life or adapts the property to a new use, becomes part of the real property or is
permanently affixed to the real property such that its removal would result in material
damage to the real property or to the improvement itself, has a useful life of more than
one (1) year and that is required to be amortized and depreciated over the useful life
of the improvement under the provisions of the Internal Revenue Code and related
regulations.
Capital Improvement Plan means a detailed proposal submitted to the Program
Administrator by a Landlord in order to proceed with one or more Capital
Improvements, temporarily relocate a Tenant (in connection with the Capital
Improvement work), and/or receive a Pass Through.
Certified Rent means the Rent, less than the Maximum Allowable Rent, that the
Program Administrator determines is the allowable rent when the Landlord has chosen
not to impose the Annual General Adjustment and has banked the difference as
provided in Section 6-58.70.
City means the City of Alameda.
Community Development Director means the Director of the Community
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Development Department of the City of Alameda, or the Community Development
Director's designated representative.
Comparable as applied to a Rental Unit means any Rental Unit that the Landlord
owns in the City of Alameda, is similar in square footage, has the same number of or
additional bedroom(s), has similar amenities, such as cable television or a
washer/dryer, allows pets if the Tenant had a pet, as to a Tenant who is disabled, is
disability accessible and ADA compliant and, if not currently habitable, can be made
habitable without requiring the Landlord to obtain a building permit in order for the
Rental Unit to be habitable. For purposes of paragraph 2 of subsection E of Section
6-58.80, the Comparable Rental Unit must be on the same property.
Condominium means the same as defined in Section 783 and 1351(f) of the
California Civil Code.
Consumer Price Index means the Consumer Price Index for All Urban Consumers
("CPI-U") for the San Francisco-Oakland-Hayward, CA Region, published by the U.S.
Department of Labor, Bureau of Labor Statistics.
Costs of Operation mean all reasonable expenses incurred in the operation and
maintenance of a Rental Unit not exempt from rent control under State Law and the
building(s) or complex of buildings of which it is a part, together with the common area,
if any, and include but are not limited to property taxes, insurance, utilities,
professional property management fees, pool and exterior building maintenance,
supplies, refuse removal, elevator service, security services or system and the
amortized cost of Capital Improvements for which the Landlord has not received an
approved Pass Through for such improvements, but Costs of Operation exclude Debt
Service, depreciation and the cost of Capital Improvements for which a Landlord has
received an approved Pass Through for such improvements.
Council means the City Council of the City of Alameda.
Debt Service means the periodic payment or payments due under any security
financing device that is applicable to a Rental Unit not exempt from rent control under
State Law or building or complex of which it is a part, including any fees, commissions
or other charges incurred in obtaining such financing.
Disabled means disabled as defined in Section 12955.3 of the California
Government Code.
Dwelling Unit means a room or group of rooms, designed and intended for
occupancy and/or use by one (1) or more persons, that includes in the room or group
of rooms sleeping quarters and one (1) or more of the following: the existence or
capability for cooking facilities, e.g., refrigerator, stove, oven, microwave oven, etc.;
and/or bath facilities, e.g., toilet, sink, shower, tub, etc.
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Eligible Tenant means any Tenant entitled to be paid a Relocation Payment under
this Article because the Landlord terminated the Tenant's tenancy for any of the
reasons set forth in subsections E, F, G, H or I of Section 6-58.80, the Tenant has
vacated a Rental Unit pursuant to a governmental agency's order to vacate or due to
Health or Safety Conditions and for which in either case the Landlord did not serve a
notice to terminate the tenancy, or the Tenant has vacated a Rental Unit following the
Tenant's receipt of a Relocation Rent Increase.
Floating Home means the same as the term is defined in Health and Safety Code,
section 18075.55.
Governmental Agency means any City, County, or State, and divisions or
departments thereof, including those that are authorized to enforce Uniform Codes
that the City had adopted except that Governmental Agency shall not include the
Housing Authority.
Health or Safety Conditions mean substandard conditions in a Rental Unit resulting
from, or expected to result from, among other events, construction activities, flooding,
fire or smoke, lack of proper maintenance, or facilities failures and not caused by a
Tenant, the occupants of the Rental Unit or the invitees/guests of the Tenant that, in
the determination of a Governmental Agency or a court of competent jurisdiction (i)
have or will have an adverse effect on the health or safety of the Tenant or occupant
if the Tenant/occupant were to occupy the Rental Unit while the conditions exist, (ii)
render or will render the Rental Unit uninhabitable, or (iii) as to Rental Units in the
Housing Choice Voucher Section 8 Program, fail to pass Housing Quality Standards
as such Standards are determined by the U.S. Department of Housing and Urban
Development.
Housing Authority means the Housing Authority of the City of Alameda.
Housing Services means those services provided and associated with the use or
occupancy of a Rental Unit not exempt from rent control under State Law including,
but not limited to, repairs, replacement, maintenance, effective waterproofing and
weather protection, painting, providing light, heat, hot and cold water, elevator service,
window shades and screens, laundry facilities and privileges, janitorial services,
utilities that are paid by the Landlord, refuse removal, allowing pets, telephone,
parking, storage, the right to have a specified number of Tenants or occupants,
computer technologies, entertainment technologies, including cable or satellite
television services, and any other benefits, privileges or facilities connected with the
use or occupancy of such Rental Unit including a proportionate share of the services
provided to common facilities of the building in which such Rental Unit is located
and/or of the property on which such Rental Unit is located.
Landlord means any person, partnership, corporation or other business entity, or
any successor in interest thereto, offering for rent or lease any Rental Unit in the City
and shall include the agent or representative of the Landlord if the agent or
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representative has the full authority to answer for the Landlord and enter into binding
agreements on behalf of the Landlord. Landlord includes a Master Tenant.
Master Tenant means a Tenant who offers for rent or lease a portion of the Rental
Unit that the Tenant rents or leases from a Landlord.
Maximum Allowable Rent means the maximum Rent the Landlord may charge for
the use or occupancy of any Rental Unit not exempt from rent control under State
Law.
Maximum Increase means a Rent Increase that on a cumulative basis over the
twelve (12) months preceding the effective date of a proposed Rent Increase is more
than ten (10%) percent.
Net Operating Income means the gross revenues that a Landlord has received in
Rent or any rental subsidy in the twelve (12) months prior to serving a Tenant with a
notice of a Rent Increase less the Costs of Operation in that same twelve (12) month
period.
Party means a Landlord or Tenant.
Pass Through means any monetary amount a Landlord is authorized to pass
through to, and recover from, one or more Tenants in the form of a surcharge or in
addition to Base Rent, as authorized by an approved Capital Improvement Plan or any
other lawful authorization.
Permanent Relocation Payment means the payment the Landlord is required to
make to a Tenant when (i) the Landlord takes action to terminate a tenancy under
subsections E, F, G, or H Section 6-58.80, (ii) the Landlord did not serve a notice of
termination of tenancy but the Tenant, after seven days of being temporarily displaced,
has permanently vacated a Rental Unit pursuant to a governmental agency's order to
vacate the Rental Unit or due to Health or Safety Conditions, or (iii) the Landlord has
served the Tenant with a Relocation Rent Increase and the Tenant has vacated the
Rental Unit within ninety (90) days thereafter.
Primary Residence means a Single Dwelling Unit, Condominium, Stock
Cooperative or other Dwelling Unit for which the Landlord is the property owner and
the residence is one in which the Landlord carries on basic living activities for at least
six (6) months of the year, the indicia of which include, but are not limited to: (i) the
Landlord has identified the residence address for purposes of the Landlord's driver's
license, voter registration or filing tax returns, (ii) utilities in the name of the Landlord
are billed to the residence address and (iii) the residence address has a homeowner's
property tax exemption in the name of the Landlord.
Programs mean the programs created by this Article.
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Program Administrator is a person designated by the City or the Housing Authority
to administer one (1) or more of the Programs.
Program Fee means the fee the City imposes on each Landlord to cover the costs
to provide and administer the Programs.
Qualified Tenant Household means a household with a Tenant who is displaced
for any reason other than under subsections A, B, C or D of Section 6-68.80 and who:
(i) is a Senior Adult, (ii) is a person with a Disability or (iii) has at least one (1) child
under the age of eighteen (18) residing in the household.
Relocation Payment means the payment a Landlord is required to make for any of
the reasons set forth in Section 6-58.85.
Relocation Rent Increase means a rent increase that exceeds the Maximum
Increase but is not prohibited by State Law.
Rent means periodic compensation, including all non-monetary compensation,
that a Tenant provides to a Landlord concerning the use or occupancy of a Rental
Unit, including any amount included in the Rent for utilities, parking, storage, pets or
for any other fee or charge associated with the tenancy for the use or occupancy of a
Rental Unit and related Housing Services.
Rent Differential Payment means the difference between the lawful Rent that the
Tenant was paying at the time of displacement and the Fair Market Rent as
established from time to time by the U.S. Department of Housing and Urban
Development, for a Comparable Rental Unit in Alameda, based on the number of
bedrooms.
Rent Hearing Officer or Hearing Officer means a person designated by the City
Attorney to hear and decide petitions under this Article and to hear and decide appeals
as provided in this Article, which decisions are binding subject only to judicial review.
Rent Increase means any upward adjustment of the Rent from the Base Rent.
Rental Agreement means an agreement, written, oral or implied between a
Landlord and a Tenant for the use and/or occupancy of a Rental Unit.
Rental Unit means a Dwelling Unit, a Floating Home, a vessel/boat for which there
is a maritime tenancy, or other real property, offered or available for Rent in the City
of Alameda, and all Housing Services in connection with the use or occupancy thereof,
other than the exemptions set forth in Section 6-58.20.
Senior Adult means any person sixty-two (62) years of age or older at the time the
Landlord serves a notice of termination of tenancy or, if no notice of termination of
tenancy was served, at the time the person vacated the Rental Unit.
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Single Dwelling Unit means a single detached structure containing one dwelling
unit for human habitation, any accessory buildings appurtenant thereto, and any
accessory dwelling unit as defined in State Government Code, section 65852.2
(formerly a "second unit") and permitted by the City, when the Single Dwelling Unit is
located on a single legal lot of record.
Single Room Occupancy means the same as Dwelling Unit provided, however,
that a Single Room Occupancy (a) has cooking facilities and/or bath facilities, as those
terms are defined in Rent Program Regulations, that are shared with one or more
Tenants of other Single Room Occupancy units and (b) shall not include a Rental Unit
that is either exempt from rent control under State Law or is a Dwelling Unit in which
the Landlord owns the Rental Unit, occupies the Rental Unit as the Landlord's Primary
Residence, and shares kitchen or bath facilities with one or more Tenants.
State Law means any California law, whether constitutional, statutory or executive
order, that pre-empts local rent control such as, at the time this Ordinance is adopted,
the Costa Hawkins Residential Rental Act (California Civil Code section 1954.50 and
following, which Act exempts Rental Units for which a certificate of occupancy was
issued after February 1 , 1995 and Dwelling Units the title of which are separately
alienable from the title of any other Dwelling Unit, (e.g., Single Dwelling Units and
Condominiums)).
Stock Cooperative means the same as defined in section 4190 of the California
Civil Code.
Subtenant means a person or entity who has the legal responsibility for the
payment of Rent to a Master Tenant or has agreed to pay Rent to a Master Tenant for
a Rental Unit. Subtenant includes a sublessee.
Temporary Relocation Payment means the payment that a Landlord is required to
make to a Tenant when the Tenant has temporarily vacated the Rental Unit in
compliance with a governmental agency's order to vacate, due to Health or Safety
Conditions, or as part of an approved Capital Improvement Plan, regardless of
whether the Tenant was served with a notice to terminate the tenancy.
Temporary Tenancy means a Tenancy in a Dwelling Unit which has been the
Landlord's Primary Residence for at least three (3) months prior to the inception of the
Temporary Tenancy, which Tenancy has a fixed term at the end of which the Landlord
within sixty (60) days of the Tenant's vacating the Dwelling Unit re-occupies the
Dwelling Unit as the Landlord's Primary Residence, and thereafter the Landlord
resides continually in the Dwelling Unit as the Landlord's Primary Residence for at
least twelve (12) consecutive months.
Tenancy means the right or entitlement of a Tenant to use or occupy a Rental Unit.
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Tenant means any one of the following: a tenant; subtenant; lessee sub-lessee;
roommate with Landlord's consent; or any other person or entity entitled under the
terms of a Rental Agreement for the use or occupancy of any Rental Unit and (i) has
the legal responsibility for the payment of Rent for a Rental Unit or (ii) has agreed to
pay the Rent for a Rental Unit; "Tenant" includes a resident as defined in Civil Code,
Section 800.8, a person who occupies a vessel/boat for which there is a maritime
residential tenancy, or a duly appointed conservator or legal guardian of a Tenant as
defined in this section, but excludes a property manager who occupies a Dwelling Unit
on the property and has a written agreement with the Landlord under which the
property manager does not pay the full amount of Rent that would otherwise be paid
for a Comparable Rental Unit on the property.
6-58.20 Total Exemptions.
The following are exempt from all provisions of this Article, except as set forth in Section
6-58.142 of this Code.
A. Dwelling Units owned by a public entity or a bona fide not for profit organization
dedicated to the provision of affordable housing, for which Rents are subsidized or
regulated by federal law or by regulatory agreements between a Landlord and (i)
the City, (ii) the Housing Authority or (iii) any agency of the State of California or
the Federal Government; provided, however, if a Dwelling Unit no longer qualifies
for the full exemption under this subsection A, for example, a regulatory agreement
expires and/or is not renewed, the Dwelling Unit will immediately be subject to all
provisions of this Article;
(Subsections B through M, no change.)
N. A Dwelling Unit in which the Landlord owns the Rental Unit, occupies the Rental Unit
as the Landlord's Primary Residence and shares kitchen or bath facilities with one or
more Tenants; provided, however, if a Dwelling Unit no longer qualifies for the full
exemption under this subsection N, for example, the Landlord vacates the Dwelling
Unit, the Dwelling Unit will immediately be subject to all provisions of this Article;
O. Any part of a Dwelling Unit in which a Tenant has allowed or permitted a person to
use or occupy such part of the Dwelling Unit but that person does not meet the
definition of Tenant as defined in this Article.
Section 6-58.22 Partial Exemptions.
The following are exempt from the rent control portions of this Article, except as set forth
in Section 6-58.142 of this Code; the following are not exempt from other portions of this
Article, including, but not limited to, Section 6-58.145 of this Code (payment of Program
Fees):
A. Dwelling Units not owned by a public entity or a bona fide not for profit organization
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dedicated to the provision of affordable housing, for which Rents are subsidized or
regulated by federal law or by regulatory agreements between a Landlord and (i)
the City, (ii) the Housing Authority or (iii) any agency of the State of California or
the Federal Government; provided, however, if a Dwelling Unit no longer qualifies
for the partial exemption under this subsection A, for example, the Landlord
withdraws the Dwelling Unit from a subsidy program or a regulatory agreement
expires and/or is not renewed, the Dwelling Unit will immediately be subject to all
provisions of this Article;
B. Dwelling Units, other than managers' units, that are not covered by a regulatory
agreement as described in subsection A of this Section, but are rented or offered
for rent only to persons and families of low or moderate income, as defined by
Health and Safety Code, section 50053, or its successor legislation;
C. Units exempt under State Law.
6-58.30 Disclosures/Responsibilities of Successors in Interest.
(Subsection A, no change.)
B. A successor in interest to any Rental Unit is responsible for remedying any
failure of a prior property owner to comply with all requirements under this Article
and the failure of a Landlord to make the disclosure set forth in subsection A of
this Section 6-58.30 shall not in any way excuse a successor in interest of such
Rental Unit or property of any of the obligations under this Article.
6-58.35 — Documents That the Landlord Must File with the Program Administrator.
In addition to any other notice required to be filed with the Program Administrator by
law or this Article, a Landlord shall file with the Program Administrator a copy of the
following:
A. Certain notices to terminate a tenancy (Section 6-58.80, E, F, G, and H; Section
6-58.110).
B. The amount of the Rent for the new Tenant when a Landlord has terminated a
Tenancy for a Rental Unit not exempt from rent control under State Law on
grounds not permitted under this Article.
(Subsections C through E, no change.)
F. The requisite documents initiating the process to demolish or withdraw the Rental
Unit from rent or lease permanently under Government Code, section 7060 et
seq. and the City of Alameda's Rent Regulation 26-01 (Section 6-58.80 F and H).
(Subsections G and H, no change.)
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I. For all Rental Units, an annual registration statement for each Rental Unit, as
provided in Rent Regulations (Section 6-58.55 A).
J. When a Landlord has temporarily reduced a Tenant's Rent, a written statement
from the Tenant confirming that the reduction is temporary (Section 6-58.60 C);
K. For Rental Units that are not exempt from rent control under State Law, written
notice within thirty (30) days of the close of escrow that the Rental Unit has been
transferred, the Rent at close of escrow, and the name and contact information
of the new Landlord (Section 6-58.55 A);
L. For Rental Units that are not exempt from rent control under State Law, a
registration statement within thirty (30) days of the inception of a new tenancy
(Section 6-58.55 A);
M. Written notice that a Landlord has entered into a Temporary Tenancy and copy
of the Rental Agreement within thirty (30) days of the inception of the Temporary
Tenancy (Section 6-58.40 A);
N. Written notice and supporting documentation that the Landlord has moved into
the Primary Residence within sixty (60) days of the termination of a Temporary
Tenancy (as defined herein);
O. Proof of a military assignment where a Temporary Tenancy for that purpose has
been created, if the Program Administrator requires such proof (Section 6-58.40
A);
P. All documents required by this Ordinance and Rent Regulations in conjunction
with an application for a Capital Improvement Plan;
Q. Requests for a hearing when a Tenant has filed a Tenant Financial Hardship
Application concerning the payment of a Pass Through and/or when a Landlord
has information that a Tenant is no longer eligible for a financial hardship
previously granted.
R. A copy of any notice of a rent increase that is a Relocation Rent Increase within
three (3) days of serving a Tenant with such Increase (Section 6-58.110 G);
S. The judicial filing and related court papers if the Landlord is seeking judicial
review of a decision of a Hearing Officer (Section 6-58.75 J);
T. Any notice required under paragraph 5 of subsection E of Section 6-58.80 (owner
move in) or under subsection D of Section 6-58.140 (penalties and remedies)
U. Any other information or document that the Program Administrator reasonably
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requests to carry out the purposes and intent of this Article to the extent such
request does not unreasonably infringe on the privacy interests of the Landlord.
6-58.50 - Limitations on Pass Through Applications, the Frequency of Rent Increases,
the Use of Banked Annual General Adjustments, and Rent Increases in Combination
with Pass Throughs.
(Subsection A, no change.)
B. For Rental Units that are not exempt from rent control under State Law, no
Landlord shall increase the Rent of any Rental Unit or impose a Pass Through,
whether such increase or imposition is separate or together: (a) more than once in
any twelve (12) month period or (b) earlier than twelve (12) months after the
inception of the tenancy.
(Subsections C and D, no change.)
6-58.60 Establishment of Base Rent, Temporary Reduction of Rent, and Annual General
Adjustment.
(Subsections A and B, no change.)
C If a Landlord temporarily reduces a Tenant's Rent, the Landlord must obtain from the
Tenant a written statement confirming the Tenant's understanding that the Rent
reduction is temporary.
(Re-letter current subsection C to subsection D, but no change.)
6-58.65 Conditions for Taking the Annual General Adjustment.
A. A Landlord may increase Rent by the Annual General Adjustment only if the
Landlord:
1. Serves the Tenant with a legally required notice of a Rent Increase as
provided by statute.
2. Has complied with all other provisions of the City's Rent Control Ordinance,
as that Ordinance may be amended from time to time, and with any other
applicable policies, regulations or resolutions concerning Rent, including
without limitation the payment of all Rent Program Fees set forth in the
City's Master Fee Schedule, the registration of all Rental Units, and full
compliance with any lawful order/decision of a Hearing Officer.
3. A Landlord shall (i) rescind any notice of a Rent Increase that does not
comply with subsections A and B of this section 6-58.65 and/or Rent
Program Regulation 23-03 and (ii) reimburse any Tenant that has paid such
Rent Increase.
B. A Landlord shall not increase Rent for any Rental Unit if the Landlord (i) is not in
full compliance with the Rent Ordinance as to all Rental Units, (ii) has not paid
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Rent Program Fees for all Rental Units for which a Rent Program Fee is owed, (iii)
has not registered all Rental Units for which registration is required and/or (iv) is
not in full compliance with any lawful order/decision of a Hearing Officer.
6-58.75 Petition Process.
A. A Landlord or a Tenant may file a petition with the Program Administrator to (i)
request an upward adjustment of the Maximum Allowable Rent or Certified Rent,
including a "fair return" petition or a petition to adjust the net operating income of
the Base Year Rent, (ii) request a downward adjustment of rent, (iii) to appeal a
determination of the Program Administrator as provided in Rent Program
Regulations.
B. Upon the filing of a petition, the Program Administrator shall notify the petitioner of
the acceptance or denial of the petition based on the completion of the submission
or, in the case of denial, that the Program Administrator has determined the
grounds for the petition are the same or substantially the same grounds that, in the
previous 12 months, a Hearing Officer has held a hearing and made a decision.
Other than determining whether the grounds in the petition are the same or
substantially the same grounds that, in the previous 12 months, a Hearing Officer
has held a hearing and made a decision, the Program Administrator shall not
assess the merits of the petition but shall refuse acceptance of the petition that
does not include required information or documentation. Upon acceptance of the
petition, the Program Administrator shall provide written notice to the Parties
affected by the petition. The written notice shall inform Parties of the petition
process, the right to respond, and include a copy of the completed petition with the
supportive documents available upon request. Any response submitted by a
responding Party will be made available to the petitioning Party. Each accepted
petition shall be scheduled for hearing by the Hearing Officer to be held within thirty
(30) calendar days from the date the Program Administrator accepts the petition.
With agreement of the Parties, the Hearing Officer may hold the hearing beyond
the thirty (30) days. Before the hearing, the Program Administrator may attempt,
with the Parties' concurrence, to mediate a resolution of the petition.
(Subsections C through H, no change.)
I. Within thirty (30) days of the close of the hearing, the Hearing Officer shall
make a determination, and shall make a written statement of decision upon
such determination is based, whether there should be an upward or downward
adjustment of Rent, or whether the appeal of the determination of the Program
Administrator should be upheld. In making such determination, if there are
disputed factual issues, the Hearing Officer's determination shall be based on
the preponderance of evidence. If the Hearing Officer's determination is based
on interpreting this Article, the Hearing Officer shall employ the judicially
recognized means of statutory construction. The Hearing Officer's allowance
or disallowance of any upward or downward adjustment of Rent may be
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reasonably conditioned in any manner necessary to effectuate the purpose of
this Article. The Hearing Officer shall provide the statement of decision to the
Program Administrator who shall provide copies to the parties.
J. The Hearing Officer's decision shall be final unless judicial review is sought within
ninety (90) days of the date of the Hearing Officer's decision; provided, however, in a
narrow set of circumstances, as provided in Rent Program Regulations, the City
Council, either on its own motion or at the request of the City Attorney, may within
sixty days of the date of the Hearing Officer's decision affirm, reverse or modify the
Hearing Officer's decision. The City Council's decision shall be final unless judicial
review is sought within ninety (90) days of the date of the City Council's decision. If a
party seeks judicial review of the Hearing Officer's or the City Council's decision, such
Party shall immediately provide the Program Administrator with the judicial filing but
must serve the City Clerk with the judicial filing to effectuate service on the City. An
upward or downward adjustment of Rent, the Hearing Officer's decision to uphold the
Program Administrator's determination, or any City Council decision shall take effect
immediately upon the Hearing Officer's or the City Council's decision unless provided
otherwise in the decision regardless of whether a Party seeks judicial review.
Section 6-58.80 - Evictions and Terminations of Tenancies.
No Landlord shall take action to terminate any Tenancy including, but not limited to,
making a demand for possession of a Rental Unit, threatening to terminate a Tenancy,
serving any notice to quit or other notice to terminate a Tenancy, e.g. an eviction notice,
bringing any action to recover possession or be granted possession of a Rental Unit
except on one (1) of the following grounds:
(Subsection A through D, no change.)
E. Owner move-in, the Landlord seeks in good faith to recover possession of the
Rental Unit for use and occupancy as a Primary Residence by (1) the Landlord,
(2) the Landlord's spouse or registered domestic partner, or (3) the Landlord's
parent, grandparent, child, grandchild, brother, sister, father-in-law, mother-in-
law, son-in-law, daughter-in-law, whether that person is related to the Landlord
by blood, birth, adoption, marriage or registered domestic partnership. Persons
in (2) and (3) above shall be deemed "enumerated relatives".
(Paragraph 1, no change.)
2. No action to terminate a Tenancy based on an "owner move-in" may take place
if there is a vacant Rental Unit on the property that in Comparable to the Rental
Unit for which the action to terminate the Tenancy is sought; provided, however,
that a Landlord may use the "owner move-in" provisions to terminate a Tenancy
notwithstanding there is a vacant Rental Unit on the property that is Comparable
if there is a demonstrated need to use the owner move in provisions for a
reasonable accommodation based on a qualifying disability as defined by
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Government Code, section 12955.3 and the vacant Rental Unit on the property
that is Comparable does not provide for a reasonable accommodation.
(Paragraphs 3 through 6, no change.)
7. Where the Landlord has terminated a Tenancy based on an owner move-in
and there are other Rental Units on the property, a Landlord shall not terminate
a Tenancy of any other Tenant based on an owner move-in until twenty-four (24)
months have elapsed since the Landlord or the enumerated relative has moved
into the Rental Unit which was the subject of the prior owner move-in; provided,
however, a Landlord who has used the owner move-in provisions, either for the
Landlord personally or for an enumerated relative, may use within the 24 months
an additional owner move-in on the same legal lot of record if there is a
demonstrated need to use the owner move-in provisions for a reasonable
accommodation based on a qualifying disability as defined by Government Code,
section 12955.3..
(Paragraph 9, no change.)
(Subsection G, no change.)
H. Compliance with a governmental order. If a Tenant has vacated the Rental Unit
in compliance with a government agency's order to vacate, in response to a
Landlord's taking action in good faith to terminate a Tenancy to comply with a
government agency's order to vacate, in response to a Health or Safety
Condition, or in connection with any other order that necessitates the vacating of
the building or Rental Unit as a result of a violation of the City of Alameda's
Municipal Code or any other provision of law:
1. The Landlord shall offer the Rental Unit to the Tenant who vacated the
Rental Unit when the Landlord has satisfied the conditions of the
governmental agency that caused the governmental agency to order the
Rental Unit vacated and at the same Rent that was in effect at the time the
Tenant vacated the Rental Unit.
2. The Landlord shall provide to the Tenant Relocation Payments as provided
in Sections 6-58.83 and 6-58.85 or as provided in Article 2.5, Chapter 5,
Part 1.5, Division 13, California Health and Safety Code, beginning at
section 17975, whichever is greater, and all reasonable and documented
expenses incurred in a Tenant's re-occupying the Rental Unit should the
Landlord be required to offer the Rental Unit to the Tenant once the
conditions have been satisfied and the Tenant accepts the offer.
6-58.83 — Permanent Relocation Payments.
A. Permanent Relocation Payments. A Landlord who: (i) takes action to terminate a
Tenancy permanently for the reasons specified in subsections E, F, G, or H of Section
6-58.80, (ii) serves a notice of a Rent Increase that is a Relocation Rent Increase as
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defined in this Article and the Tenant vacates the Rental Unit within ninety (90) days
of receiving the Relocation Rent Increase, or (iii) fails to correct deficient Housing
Quality Standards in Housing Choice Voucher Section 8 Rental Units resulting in the
Tenant's vacating the Rental Unit, shall, except as provided in Section 6-58.87,
provide to an Eligible Tenant a Permanent Relocation Payment.
B. A Landlord shall provide to an Eligible Tenant, except as provided in Section 6-58.87,
a Permanent Relocation Payment when a Tenant (i) has in fact vacated a Rental
Unit in compliance with a Governmental Agency's order to vacate, in response to
Health or Safety Conditions, or in connection with any other order that necessitates
the Tenant's vacating the Rental Unit as a result of a violation of the City of Alameda's
Municipal Code or any other provision of law, (ii) has found permanent housing, and
(iii) has been temporarily displaced for at least seven days.
6-58.85 Temporary Relocation Payments.
Temporary Relocation Payments. If a Tenant (i) has vacated or is ordered to vacate
a Rental Unit in compliance with an order from a Governmental Agency or from a court
of competent jurisdiction, (ii) vacates a Rental Unit temporarily due to Health or Safety
Conditions or (iii) vacates a Rental Unit temporarily in compliance with an approved
Capital Improvement Plan:
A. For the first sixty (60) days from the date the Tenant in fact vacates the Rental
Unit, the Landlord shall, except as provided in Section 6-58.87 or Section 6-58.88,
provide to an Eligible Tenant a Temporary Relocation Payment until the Tenant
re-occupies the Rental Unit and the Tenant, upon receipt of the Temporary
Relocation Payment, shall be obligated to pay the Rent that was in effect at the
time the Tenant vacated the Rental Unit, plus any adjustments as permitted under
this Article and Rent Program Regulations.
B. f the work necessary to comply with the order to vacate, or to correct the Health
or Safety Conditions, or to complete the Capital Improvement work, takes longer
than sixty (60) days to complete, the Landlord shall, except as provided in Section
6-58.87 or Section 6-58.88, provide to an Eligible Tenant a Rent Differential
Payment until either the work is completed and the Tenant re-occupies the Rental
Unit or the Tenant finds alternative, permanent housing. A Tenant shall have no
obligation to pay Rent to the Landlord when receiving Rent Differential Payments.
If the Tenant re-occupies the Rental Unit, the Tenant shall pay the Rent in effect
when the Tenant vacated the Rental Unit, plus any Rent adjustments as permitted
under this Article and the Rent Program Regulations.
C. If a Tenant who has been temporarily relocated or who has been informed that
the Tenant will be temporarily relocated, and the Tenant, in the sole discretion of
the Tenant, elects to find alternative permanent housing and elects to terminate
the Tenancy, the Landlord shall provide to the Tenant a Permanent Relocation
Payment, in addition to other Relocation Payments; provided, however, that in
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order for the Tenant to make that election, the length of time that the Tenant has
been or will be temporarily relocated must be more than seven days..
D. If the Tenant has vacated the Rental Unit based on Health or Safety Conditions,
and there is a dispute concerning whether there are Health or Safety Conditions
and/or whether such Conditions were caused by the Landlord of by the Tenant, or
the guests/invitees of the Tenant, a Hearing Officer shall hear and decide the issue
pursuant to procedures set forth in Rent Program Regulations.
6-58.87 Exceptions to Making Relocation Payments; When Exceptions Do Not Apply;
Notice; Appeal.
A. Notwithstanding Section 6-58.83 and Section 6-58.85, a Landlord shall not be
liable for a Permanent Relocation Payment, a Temporary Relocation Payment, or
a Rent Differential Payment if the Government Agency that ordered the Rental
Unit, or the building in which the Rental Unit is located, to be vacated determines
the Rental Unit or the building in which the Rental Unit is located must be vacated
as a result of:
1. A fire, flood, earthquake or other natural disaster, or other event beyond the
reasonable control of the Landlord and the Landlord did not cause or contribute
to the condition giving rise to the Governmental Agency's order to vacate; or
2. Any Tenant, occupant of the Rental Unit, or the guest or invitee of any Tenant,
has caused or materially contributed to the condition giving rise to the order to
vacate.
B. If the Governmental Agency that ordered the Rental Unit, or the building in which
the Rental Unit is located, to be vacated makes no determination as to either
paragraph 1 or 2 of subsection A, a Landlord shall be liable for Relocation
Payments.
C. The Program Administrator shall notify in writing the Landlord and the Tenant of
any determination under subsection A and that the Landlord is not liable for
Relocation Payments. The Program Administrator shall notify in writing the
Landlord and the Tenant if no determination has been made under subsection A
and that the Landlord is liable for Relocation Payments.
D. Either the Landlord or the Tenant may file an appeal with the Program
Administrator concerning whether the Landlord is or is not liable for Relocation
Payments, and a Hearing Officer shall hear and decide the appeal, pursuant to
procedures set forth in Rent Program Regulations. In the absence of highly
unusual circumstances, a Hearing Officer shall not grant a Tenant's request for a
continuance of the hearing for more than 30 days if the Landlord is making
Temporary Relocation Payments to the Tenant.
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6-58.88 Offer of a Comparable Unit.
Notwithstanding Section 6-58.85, a Landlord, in lieu of making Temporary
Relocation Payments or Rent Differential Payments, may offer the Tenant in writing
a Comparable Rental Unit in Alameda while the work on the displaced Tenant's
Rental unit is being completed. The Tenant, in the Tenant's sole discretion, may
waive, in writing, any of the Comparable factors in deciding whether the Rental Unit
is comparable.
A. If the Tenant accepts the offer and occupies the Comparable Rental Unit, the
Tenant shall pay no more than the Rent the Tenant was paying at the time the Tenant
vacated the Rental Unit, or the Tenant shall pay some other amount of Rent if
agreeable to the Landlord and Tenant that does not exceed the Rent at the time the
Tenant vacated the Rental Unit.
B. If the Tenant accepts the offer, the Landlord shall (i) pay the Tenant's reasonable
and documented moving expenses to the Comparable Rental Unit and from the
Comparable Rental Unit to the Tenant's Rental Unit and (ii) continue to make
Temporary Relocation Payments or Rent Differential Payments unit the Tenant has
occupied the Comparable Rental Unit.
C. If the Tenant does not agree that the offered Rental Unit is Comparable, the Tenant
must notify the Landlord in writing; a Tenant's failure to provide written notice to a
Landlord's offer within 10 calendar days constitutes a Tenant's disagreement that the
offered Rental Unit is Comparable. A Landlord may file an appeal with the Program
Administrator within 10 days of the Landlord's receipt of the Tenant's written notice
or within 20 calendar days of the Landlord's offer if the Tenant has failed to provide
written notice to the Landlord. A Hearing Officer shall hear and decide the appeal
pursuant to procedures set forth in adopted Regulations. If the Hearing Officer
determines the Rental Unit is Comparable but the Tenant chooses not to occupy the
Comparable Rental Unit, the Landlord shall have no further obligation to make
Temporary Relocation Payments or Rent Differential Payments and the Tenant shall
have no further obligation to pay Rent until the Tenant has re-occupied the Rental
Unit from which the Tenant was displaced.
D. If a Tenant has occupied a Comparable Rental unit for at least 120 days, a Tenant
for good cause may vacate the Comparable Rental Unit and thereafter receive from
the Landlord Rent Differential Payments until the Tenant has re-occupied the Rental
Unit from which the Tenant was displaced or, if the Tenant has found alternative,
permanent housing, the Tenant has received from the Landlord a Permanent
Relocation Payment. Good cause shall be established in adopted Regulations.
6-58.90. Notice of Entitlement to Tenant/Right of First Refusal.
A. A Landlord who serves a Tenant with a notice to terminate a Tenancy for any of
the reasons in subsections E, F, or G of Section 6-58.80 shall also provide to the
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Tenant a completed Notice of Entitlement to a Permanent Relocation Payment
form, available on the Program Administrator's website. As to any Tenant who
vacates a Rental Unit for any of the reasons set forth in subsection H of Section
6-58.80, the Landlord shall provide to the Tenant within three (3) business days
of the Tenant's vacating the Rental Unit a completed notice of entitlement to a
Temporary Relocation Payment, a Rent Differential form, and Permanent
Relocation form, available on the Program Administrator's website. The contents
of such notice shall include but not be limited to:
1. A written statement of the rights and obligations of Tenants and
Landlords under this Article; and
2. A written statement that the Landlord has complied with Section 6-58.83
or Section 6-58.85, whichever is applicable.
(Subsections B through D, no change.)
6-58.110 Service and Contents of a Written Notice to Terminate a Tenancy
(Subsections A and B, no change.)
C. If the grounds for terminating the Tenancy is the grounds in subsections E, F, G,
or H of Section 6-58.80, the notice shall also inform the Tenant that the Tenant is
entitled to a Relocation Payment and the amount thereof.
(Subsection D, no change.)
(Delete Subsection E.)
(Subsections F and G no change; re-letter to subsections E and F.)
6-58.115 Buyout Agreements.
(Subsections A through B, no change.)
C. Within three (3) business days after the Tenant has signed the Buyout Agreement,
the Landlord shall file the signed Buyout Agreement with the Program Administrator and
provide a signed copy to the Tenant.
(Subsection D, no change.)
6-58.140 Penalties and Remedies for Violations.
(Subsections A through C, no change.)
D. A Landlord who has terminated a Tenancy for a Rental Unit not exempt from rent
control under State Law on grounds not permitted under this Article shall:
1. Offer the Rental Unit to the Tenant whose tenancy was unlawfully terminated and
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at the same Rent that was in effect at the time the Tenancy was terminated and pay
to the Tenant all reasonable and documented expenses incurred in moving to the
Rental Unit;
2. If the Tenant whose Tenancy was unlawfully terminated does not accept Landlord's
offer to return to the Rental Unit, Landlord shall not impose Rent for the new
Tenancy that exceeds the Maximum Allowable Rent or Certified Rent that was in
effect at the time the prior Tenancy was terminated.
3. Inform the Rent Program in writing within 10 days concerning the outcome of
paragraph 1 or 2, whichever is applicable.
(Subsections E and F, no change.)
6-58.145 Program Fee.
(Subsection A, no change)
B. The amount of the Program Fee shall be determined by resolution of the City
Council adopted from time to time and set forth in the City's Master Fee Schedule.
A Rental Unit that a Landlord declares will be vacant for the entire fiscal year (July
1 through June 30 of the following year) shall be exempt from the Program Fee
for that fiscal year. The Program Fee shall not exceed the amount found by the
City Council to be necessary to administer the costs of the Program under this
Article and the City Council's finding in this regard shall be final.
Section 2: REPEAL
Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to effectuate this Ordinance.
Section 3: CEQA DETERMINATION
The City Council finds and determines that the adoption of this ordinance is exempt from
review under the California Environmental Quality Act (CEQA) pursuant to the following,
each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project)
and Section 15061(b)(3) (no significant environmental impact).
Section 4: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid,
this invalidity shall not affect other provisions of this Ordinance that can be given effect
without the invalid provision and therefore the provisions of this Ordinance are severable.
The City Council declares that it would have enacted each section, subsection,
paragraph, subparagraph and sentence notwithstanding the invalidity of any other
section, subsection, paragraph, subparagraph or sentence.
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Section 6: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty
(30) days from the date of its final passage.
Signed by:
( 4v( Itk fily5t1QS raf}
J1i$ Abt/AJ
Presiding nicer of the City Council
Attest:
,—DocuSigned by:
(Ara, %sir'
"-759F6A0E8CCC74DC...
Lara Weisiger, City Clerk
City of Alameda
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in regular meeting
assembled on the 21th day of April 2026, by the following vote to wit:
AYES: Councilmembers Daysog, Jensen, Pryor and Mayor Ezzy
Ashcraft — 4.
NOES: None.
ABSENT: Councilmember Boller— 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 22nd day of April 2026.
[TDocuSigned by:
AW Uoc-isivr
—739FaAeEBC 7'.bC
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
P0IA&
igned by:
'II,,.I,'A
32DEC0C41204CD.._
Yibin Shen, City Attorney
City of Alameda
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