SEC. 1-092. FINDINGS:
The Council of the City of Stockton finds and determines that:
A. Some residential rental units in Stockton have severe code violations which
threaten the life, health, and safety of tenants and require the units or rooms
to be vacated to allow for extensive repairs. Such code violations are often
caused by deferred maintenance, which may constitute a breach of the landlord's
implied warranty of habitability. Tenants of substandard residential units or
structures suffer financial hardship when required to vacate their housing, because
the owner fails to correct the substandard conditions.
B. It is appropriate to require the owner to partially mitigate the tenants'
hardship, since the hardship arises from the owner's failure to comply with the
law and fulfill a landlord's obligations to the tenants. Financial hardship arises,
because the tenant generally needs a large sum of money to relocate, often including
temporary housing, first and last month's rent, deposits, moving expenses, storage
expenses, and utility deposits for a new residence. Low-income tenants are generally
unable to obtain such sums and, as a result, are at great risk of becoming homeless.
SEC. 1-093. RELOCATION BENEFITS OWED BY OWNER:
Any tenant who is displaced from any residential unit as a result of a Notice
and Order to Vacate and Pay Relocation Benefits due to unsafe or hazardous
living conditions, issued by an authorized City official, shall be entitled
to receive relocation benefits from the owner as specified in this division.
SEC. 1-094. RELOCATION AMOUNT:
The relocation benefits shall be an amount equal to twice the established monthly
rental rate paid by the tenant for the unit being vacated or the monthly
amount paid by the tenant for the new unit where the tenant moves, whichever
is less. The relocation benefits shall include an administrative fee per
unit set by the City Council to cover the City’s cost of administering
these benefits. If the tenant is currently receiving General Relief Assistance
from the County, the City may reimburse the County for its administrative
expenses in the amount of Three Hundred Dollars ($300) per unit. This amount
shall be added to the amount owed by the owner.
SEC. 1-095. EMERGENCY RELOCATION BENEFITS:
If the Notice and Order to Vacate and Pay Relocation Benefits requires the
tenant to move out in 72 hours or less time, the tenant shall be entitled
to the reasonable and actual cost for temporary housing (up to two weeks),
moving expenses and the cost to store personal property (up to two weeks),
while the tenant finds another place to live, in addition to the relocation
benefits specified in Section 1-094.
SEC. 1-096. PAYMENT OF RELOCATION BENEFITS BY CITY:
A. Any displaced tenant who needs relocation benefits may apply to the City
Housing and Redevelopment Department for benefits not later than sixty (60)
days after the date to vacate specified in the Notice. In order for the tenant
to be eligible for relocation benefits from the City, the tenant must have
rented a new habitable unit within sixty (60) days after the date to vacate.
The City may recover from the owner the amount the City pays in relocation
benefits, emergency relocation benefits, and any amounts paid to the County
plus the City's administrative fee.
B. The City shall notify the owner by mail of the amount of relocation benefits
due. Any amounts due and unpaid from the owner ten (10) days after the notice
is mailed shall constitute a personal obligation of the owner, and a lien may
be recorded against the property. The remedies herein are cumulative and in
addition to any other remedies available under law.
C. Nothing contained in this division shall require the City to pay any relocation
benefits to any tenant.
SEC. 1-097. APPEALS:
An owner may appeal the determination that relocation benefits are owed within
ten (10) days after the date the Notice and Order to Vacate and Pay Relocation
Benefits is first mailed to the owner or posted on the premises following
the same procedures set forth in Sections 1-082 through 1-088.
SEC. 1-098. WHEN RELOCATION BENEFITS NOT PAYABLE:
A. No relocation benefits shall be payable by the owner or City to any tenant
who has caused or substantially contributed to the condition giving rise
to the order to vacate as determined by the Housing and Redevelopment Director.
B. No relocation benefits shall be payable by the owner or City if the unit
or structure became unsafe or hazardous as a result of an earthquake, flood,
fire, or other natural disaster not proximately caused by building, plumbing,
electrical, mechanical, or fire code violations.
C. No relocation benefits shall be payable by the owner or City to any tenant
who refuses to move into a habitable unit that the City determines is available
for that tenant within the sixty (60) days following the date to vacate.
SEC. 1-099. SUMMARY OF PROVISIONS:
Any Notice and Order to Vacate and Pay Relocation Benefits issued to an owner
or tenant shall be accompanied by information of the relocation benefits
contained herein. Failure to provide such information shall not relieve any
person of the obligations imposed by this division.
SEC. 1-100. EXCEPTIONS:
The provisions of this chapter shall not apply to property owned by the City
of Stockton, the Stockton Redevelopment Agency, the San Joaquin Housing Authority,
the County of San Joaquin, the State of California, or any other governmental
agency.
(Amended by Ordinance 002-02 C.S. – Effective February 21, 2002) (Added
by Ordinance 003-09 C.S. – Effective February 12, 1998)
Stockton,
CA 
