Under the Emeryville Rent Ordinance, landlords are permitted to terminate a tenancy to perform an owner move-in or relative move-in eviction, which requires the owner or qualified relative to reside in the unit following the termination of tenancy.  Despite being a lawful just cause for eviction, the owner, or their qualified relative, must follow strict rules following the termination of tenancy.  Their failure to comply with the Emeryville Rent Ordinance following and owner move-in or relative move-in eviction may result in the tenant possessing a wrongful eviction claim.

Owner Move-In & Relative Move-In Defined Under the Emeryville Rent Ordinance

An owner move-in eviction occurs where the landlord seeks to recover possession of the rental unit for themselves or their qualified relative, and will imminently move into and reside in the housing as their permanent residence no less than ten months of any calendar year. Emeryville Municipal Code § 5-40.03.

To perform an owner move-in or relative move-in eviction, the owner who will reside in the unit, or qualifies a relative to reside in the unit, must possess an at least 50% ownership interest in the unit.  Emeryville Eviction & Harassment Protection Ordinance Regulations, Regulation 8.1.  For purposes of qualifying under the Emeryville Rent Ordinance, ownership interest includes owning a majority of the stock in a corporation that owns the rental unit, as either the sole member or one of two members of an LLC, or possessing no less than 50% partnership interest in a partnership that owns the covered unit.  Id.

What Relatives Are Permitted to Effectuate A Relative Move-In Eviction?

 Under the Emeryville Rent Ordinance, the owner’s parents or children are permitted to move into a unit under a relative move-in eviction.  Emeryville Municipal Code § 5-40.03.

Following an Owner Move-In or Relative Move-In Eviction, How Long Must an Owner or Qualified Relative Reside in a Unit?

Under the Emeryville Rent Ordinance, an owner or qualified relative must reside in a unit where a tenant vacated due to an owner move-in or relative move-in eviction for no less than two years from the termination of tenancy.  Emeryville Municipal Code § 5-40.03.

What Must the Landlord Do if the Landlord or Qualified Relative No Longer Intend to Move into a Vacant Unit?

If the landlord or qualified relative specified in the owner move-in/relative move-in termination of tenancy notice no longer intends to reside in the unit as their principal residence, the landlord must offer the unit back to the tenant.  Emeryville Municipal Code § 5-40.02(i).

Emeryville Rent Ordinance Relocation Payments 

Are Emeryville Tenants Entitled to Relocation Payments?

Yes, Emeryville tenants, regardless of the duration of the tenancy, are entitled to relocation payments for no-fault evictions, including owner move-in & relative move-in evictions.  Emeryville Municipal Code § 5-40.4.  A no-fault eviction occurs where the tenancy is terminated through no fault of the tenant. However, relocation payments are not required where the genesis of the no-fault eviction is due to natural disaster or a naturally occurring phenomenon beyond the landlord’s control. Id.

For purposes of relocation payments, the Emeryville Rent Ordinance divides Emeryville landlords into small and large landlords.  Large landlords are defined as landlords who own more than four units within the City of Emeryville covered by the Emeryville Rent Ordinance.  Emeryville Municipal Code § 5-40.02(d)(1).  Small Landlords are landlords who own four or fewer units within the City of Emeryville covered by the Emeryville Rent Ordinance.  Emeryville Municipal Code § 5-40.02(d)(2).

Emeryville Rent Ordinance Relocation Payments Made by Large Landlords

For owner move-in or relative move-in evictions performed by large landlords, Emeryville tenants are entitled to a relocation payment equal to the great of either:

  1. Five times the most current fair market rents, as set by HUD for the Oakland-Fremont, California HUD Metro FMR Area; or,
  2. Four times the tenant’s monthly rent at the time the notice of termination of tenancy is delivered. Emeryville Municipal Code § 5-40.04.

Emeryville Rent Ordinance Relocation Payments Made by Small Landlords

For owner move-in or relative move-in evictions performed by small landlords, Emeryville tenants are entitled to a relocation payment equal to the great of either:

  1. One month of the most current fair market rents as set by HUD for the Oakland-Fremont, California HUD Metro FMR Area; or,
  2. One month of the monthly rent at the time the notice of termination of tenancy is delivered.Emeryville Municipal Code § 5-40.04.

Alternatively, a small landlord may waive the final month of rent instead of providing a relocation payment. Emeryville Eviction & Harassment Protection Ordinance Regulations, Regulation 10.1.  The small landlord must notify the tenants that they are waiving the last months’ rent in lieu of a relocation payment concurrently with delivery of the notice of termination of tenancy.  Id.

What are the Applicable Current Fair Market Rents set by HUD?

Efficiency One-Bedroom Two-Bedroom Three-Bedroom Four-Bedroom
$1,488 $1,808 $2,239 $3,042 $3,720

The relocation payment is divided equally amongst all tenants occupying the unit at the time the landlord serves the notice of termination of tenancy.  Id.

Under the Emeryville Rent Ordinance, landlords must pay relocation money on or before the last day of the tenancy.  Id.

Emeryville tenants in SRO’s or shared living quarters with more than one room or unit sharing a kitchen and/or bathroom offered on a weekly or longer basis are not entitled to relocation payments.  Id.

My Former Landlord May Have Violated the Emeryville Rent Ordinance, Do I have a Claim?

Yes, you may have a claim for wrongful eviction, which could entitle you to money damages.  Read more here or contact Astanehe Law to discuss the Emeryville Rent Ordinance, owner move-in wrongful evictions, or California Rent Control (AB 1482).