In 2019, the City of San Mateo passed an ordinance providing San Mateo tenants with relocation payments when suffering temporary or permanent displacement from their homes due to unsafe or substandard conditions cited by the government.  Codified at Chapter 7.50 of the San Mateo Municipal Code and officially entitled, “Property Owner Obligations With Respect to Tenants Displaced from Unsafe or Substandard Units,” the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance provides San Mateo Tenants with predetermined relocation payments whenever their homes are red-tagged and no longer habitable.  But that is not all, the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance also provides San Mateo tenants with a right to return to their homes or rooms, prohibits retaliation and harassment, and empowers San Mateo tenants to file civil lawsuits in court for property owner violations. So now, San Mateo tenants are provided with relocation to ease displacement’s disastrous consequences and fight back against property owner abuse.

Is My Unit Covered Under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance?

Nearly every San Mateo tenant is covered.  Any structure in which a San Mateo tenant, or other person, uses as their permanent home within the City of San Mateo is covered under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance.  San Mateo Municipal Code § 7.50.020(b).  This includes, but is not limited to, single-family homes, apartment complexes, condominium complexes, single room occupancy living spaces, mobile homes, garages, sheds, rooms, and cooperative housing projects.  The Ordinance covers San Mateo tenants living in any building, regardless of habitability conditions, or lawful status.

Does the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance Protect Subtenants?

Yes, the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance protects subtenants.  San Mateo Municipal Code § 7.50.020(l).  The ordinance protects any person who rents a unit or room as their primary residence, including those who share living expenses.

Are Property Managers and Other Landlord Agents Covered by the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance?

It is unlikely that the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance applies to property managers and other landlord agents directly.  San Mateo Municipal Code § 7.50.020(j).  Although the ordinance includes a definition for “property owner,” that definition does not reference property managers, or other landlord agents.  Further, the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance’s private right of action, discussed below, does not explicitly reference the right to sue a property manager or landlord agent.

Under What Circumstances Does A San Mateo Tenant Become Entitled to Relocation Payments Under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance?

A tenant becomes eligible for relocation payments from the property owner when the tenant is displaced from their home due to San Mateo’s code enforcement activities.  San Mateo Municipal Code § 7.50.030(a).  A displacement due to code activities occurs where:

1. The San Mateo tenant receives a notice from the property owner requiring them to vacate the home any time following the City of San Mateo or a Court issuing a notice to vacate, a notice to abate life-threatening condition, or a declaration of substandard condition covering the home; or,
2. The San Mateo tenant vacates their home independently – even where the property owner never terminates the tenancy – after:
   1. The City of San Mateo or a court issues a notice to vacate, notice to abate life-threatening condition, or declaration of substandard, uninhabitable conditions in the San Mateo tenant’s home; and,
   2. The property owner fails to abate or correct the uninhabitable condition(s) timely and where the City or court does not order the tenant to vacate earlier. San Mateo Municipal Code § 7.50.030(a).

What Notices Will the City of San Mateo Serve Under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance?

The City of San Mateo provides two notices when acting under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance.  The City serves one notice on the property owner, and a second on the San Mateo tenant.  When the City of San Mateo issues a notice to vacate or abate a life-threatening condition, or declaration of substandard condition to a property owner, the notice shall include information explaining the property owner’s obligations under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance, including the property owner’s obligation to pay the San Mateo tenant a relocation payment.  San Mateo Municipal Code § 7.50.040(a).  Meanwhile, the City of San Mateo simultaneously provides the same information to each affected San Mateo tenant at the property.

Notably, where a property owner refuses to comply with this Ordinance by not providing the required relocation payment, San Mateo tenants may still obtain relocation payments directly from the City of San Mateo, subject to City discretion and funding availability.  San Mateo Municipal Code § 7.50.070.  Following a property owner’s failure to provide required relocation payments, San Mateo tenants may attempt to secure funding from the City of San Mateo by contacting the City’s Community Development Department.

What Must Notices to Vacate Served on San Mateo Tenants for Unsafe or Substandard Conditions State to be Effective?

Following the City of San Mateo or a court’s issuance of a notice to vacate, notice to abate a life-threatening condition, or declaration of substandard condition, the property owner may issue their own notice to vacate on the San Mateo tenant.  San Mateo Municipal Code § 7.50.050.  This notice to vacate is invalid unless it states all of the following:

• The reasons the San Mateo tenant must vacate their home;
• That the San Mateo tenant is entitled to relocation payments from the property owner;
• That the San Mateo tenant has a right to re-occupy their home following the completion of repairs, if applicable; and,
• The estimated date the home will be available for the San Mateo tenant’s re-occupancy.

Additionally, the property owner must provide a copy of any notice to vacate served on a San Mateo tenant to the City of San Mateo.

Who is Responsible for Paying San Mateo Tenant Relocation Payments Under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance?

As specified above, property owners are responsible for paying relocation payments to San Mateo tenants displaced from their homes or rooms due to unsafe or substandard conditions.  San Mateo Municipal Code § 7.50.060(a).

Does the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance Provide A Deadline for Paying Relocation Payments to San Mateo Tenants?

Yes.  The San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance contains deadlines to provide relocation payments to San Mateo tenants.  These deadlines vary depending on whether the displacement is temporary or permanent and how many notices the San Mateo tenant receives.

Permanent Displacement

For San Mateo tenants facing permanent displacement, the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance requires property owners to pay San Mateo tenants at least ten (10) days before their expected termination date from the rental unit or room, when specified in notice or order issued by the property owner, the City of San Mateo, or a court.  San Mateo Municipal Code § 7.50.060(b).  In the event of multiple notices or orders, the property owner must pay relocation payments to the San Mateo tenant using the notice or order with the earliest displacement date.  Where the advanced notice provides fewer than ten days or fails to specify a termination date, the property owner must pay the San Mateo tenant all due relocation payments before the San Mateo tenant actually vacates.

Temporary Displacement

For San Mateo tenants facing temporary displacement, the property owner shall furnish relocation payments within five (5) days of the tenant submitting proof of actually incurred or prospective moving expenses and temporary housing expenses relating to the displacement.  San Mateo Municipal Code § 7.50.060(d).

Where A Temporary Displacement Converts Into A Permanent Displacement

A San Mateo tenant’s initial temporary displacement may only become a permeant displacement if the San Mateo tenant and the property owner agree, in writing, to treat the displacement as a permeant displacement.  San Mateo Municipal Code § 7.50.060(e).  Against the backdrop of this change, the property owner becomes obligated to provide the San Mateo tenant relocation payments as required under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance twice.  Initially, the property owner must pay the San Mateo tenant relocation payments for temporary displacement.  Once the parties agree to alter the displacement to one of permanence, the property owner becomes obligated to pay the San Mateo tenant relocation payments for the permanent displacement within ten (10) days of their agreement.

How May San Mateo Tenants Displaced Without Receiving Any Notice to Vacate & Without Providing Advanced Notice to the Property Owner Obtain Relocation Payments?

Although a home may be cited as unsafe or substandard, it will not always lead to the property owner issuing a notice to vacate.  Still, that does not necessarily mean that the home is habitable, and the San Mateo tenant residing inside may ultimately be forced from their home.  Where a San Mateo tenant vacates due to a notice or declaration of unsafe or substandard conditions, without receiving a notice to vacate, they are still entitled to relocation payments.  This remains true even where the San Mateo tenant does not provide advanced notice of the constructive eviction.  San Mateo Municipal Code § 7.50.060(c).  Recognizing that the San Mateo tenant lost their home against their will, the law strives to make them whole.

To obtain relocation payments, the San Mateo tenant must serve a written demand for payment on the property owner within thirty (30) days of the San Mateo tenant vacating the rental unit or room.  The property owner must furnish relocation payments to the displaced San Mateo tenant within ten (10) days of receipt of the written demand.

What Happens to My Property Owner’s Obligation to Pay Relocation Payments During An Appeal?

In the event of an appeal under this Ordinance, the property owner’s obligation to pay relocation payments becomes suspended pending the outcome of the appeal.  San Mateo Municipal Code § 7.50.060(f).

Must A San Mateo Tenant Vacate Their Home When the Property Owner Fails to Pay Relocation Payments?

Generally, a San Mateo tenant is not required to vacate their home when the property owner fails to pay relocation payments required under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance.  San Mateo Municipal Code § 7.50.060(g).  Where the City of San Mateo determines that, for health and safety reasons, the displacement must occur regardless of the San Mateo tenant’s receipt of relocation payments, or the property owner complies with Government Code section 7060 to withdraw the rental unit or home from rental or lease, the San Mateo tenant must vacate.

Does the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance Not Cover Certain Circumstances?

The San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance does not cover tenant displacements where:

1. The property owner demonstrates to the satisfaction of the director that the San Mateo tenant’s displacement was due to something else primarily, and not the noncomplying condition, the City or court’s determination that the home was cited unsafe or substandard, or due to construction to address the cited unsafe or substandard conditions at the property;
2. The property owner demonstrates to the satisfaction of the director that the San Mateo tenant created the cited unsafe or substandard condition(s), or their guest(s), and the property owner was not the cause, or that the cited unsafe or substandard condition(s) giving rise to the code enforcement activities existed at the inception of the San Mateo tenant’s tenancy and that the San Mateo tenant moved in to the home to obtain relocation payments;
3. The property owner demonstrates to the satisfaction of the director that the San Mateo tenant unreasonably prevented the property owner, or their agent, from completing maintenance or repairs that would have prevented or rectified the cited unsafe or substandard condition(s);
4. All cited unsafe or substandard conditions were corrected, as determined by the City of San Mateo, before the San Mateo tenant takes any step towards leaving their home;
5. The notice to vacate, notice to abate life-threatening condition, or declaration of substandard condition is rescinded or withdrawn by the City of San Mateo or the court, or is overturned on appeal, before the San Mateo tenant begins to move from their home;
6. The property owner makes a written offer to the San Mateo tenant immediately to occupy a replacement rental unit or room in the same building or complex, and:
   1. The replacement rental unit or room is comparable in size, condition, and amenities to the formerly occupied rental unit or room;
   2. The replacement rental unit or room complies with all applicable zoning, building, and housing codes;
   3. The replacement rent is not greater than the San Mateo tenant’s current rent; and,
   4. The offer predates the San Mateo tenant taking any step toward leaving their home; or,
7. The San Mateo tenant is required to vacate the rental unit or room due solely to damage resulting from an earthquake, fire, flood, natural disaster, civil disturbance, or accident outside the control of the property owner if:
   1. The displacement is required within six months of such event; and,
   2. The property owner demonstrates to the director’s satisfaction that such damage was not caused by the property owner’s acts or negligence or by a preexisting condition in the building in violation of applicable building, housing, fire, or other health and safety codes. San Mateo Municipal Code § 7.50.030(b).

Do San Mateo Tenants Have A Right to Return to Their Home or a Comparable Home?

 Yes, the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance contains a provision conferring a right to return on San Mateo tenants.  San Mateo Municipal Code § 7.50080(a).  For temporary displacements due to curable unsafe or substandard conditions, a property owner must offer the home back to the displaced San Mateo tenant once that room is no longer unsafe or substandard.  Alternatively, the property owner may offer the San Mateo tenant a comparable home in the same building or complex, if available.   For permanent displacements due to unsafe or substandard conditions requiring a demolition, the property owner must offer the San Mateo tenant a comparable home, if available at the same building or complex.

To exercise their right to return, San Mateo tenants must inform property owners, in writing, of their temporary addresses while displaced.

Upon the San Mateo tenant exercising their right to return to their home or a comparable unit or room, the property owner must afford the San Mateo tenant the same terms and conditions that applied to the former tenancy before the displacement.

At least thirty (30) days before the rental unit is ready for reoccupation, the property owner must send the San Mateo tenant a notice of availability via certified mail.  San Mateo Municipal Code § 7.50.080(b).  Where a property owner provides fewer than thirty (30) days’ notice, and the San Mateo tenant exercises their right to return to the rental unit, the property owner must hold the rental unit for at least thirty-five (35) days after the mailing of the notice of availability.  The property owner may not charge the San Mateo tenant any expense, such as a holding deposit.

Once the San Mateo tenant receives the Notice of Availability, they have seven (7) days to accept the offer to reoccupy the rental unit.  Please note that a valid notice of availability must inform the San Mateo tenant of their seven (7) day deadline to notify the property owner of their decision regarding the offer to reoccupy the rental unit.

Where the property owner requires the San Mateo tenant to pay a security deposit as part of their reoccupation of the rental unit, the property must permit the San Mateo tenant sufficient time to obtain a refund of any deposit paid to obtain replacement housing during the period of relocation.  San Mateo Municipal Code § 7.50.080(c).

Finally, a San Mateo tenant’s exercise of their right to return does not affect their eligibility for relocation payments under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance.  San Mateo Municipal Code § 7.50.080(d).

What Are the Amount of Relocation Payments San Mateo Tenants Must Receive Under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance?

What Relocation Payments Must San Mateo Tenants Receive For Permanent Displacements

San Mateo tenants that become permanently displaced from their rental unit or room are entitled to a relocation payment from the property owner of three times (3x) the current monthly United States Department of Housing & Urban Development (“HUD”) Fair Market Rent for a comparable unit, less the actual rent the San Mateo Tenant would have paid for the month of the displacement.  San Mateo Municipal Code § 7.50.090(a).  Additionally, the property owner must cover the San Mateo tenant’s moving costs and related expenses – capped at one thousand dollars ($1,000) – incurred by the San Mateo tenant, which the tenant substantiates with receipts, invoices, or other evidence of payment.  Where the San Mateo tenant resides in a room, the tenant is entitled to receive the Fair Market Rent for an “efficiency unit,” as determined by HUD.  The receipt of relocation payments does not affect the San Mateo tenant’s rights relating to returning their security deposit under California Civil Code section 1950.5.

What Relocation Payments Must San Mateo Tenants Receive For Relocation Payments For Temporary Displacements

San Mateo tenants suffering a temporary displacement from their rental unit or room are entitled to a relocation payment from the property owner covering actual or reasonable moving expenses and temporary housing costs actually incurred due to the temporary displacement.  San Mateo Municipal Code § 7.50.090(b).  Moving expenses include the cost of removing, transporting, and/or storing the San Mateo tenant’s personal property while displaced.  Temporary housing accommodation expenses include the cost of rental payments and hotel or motel payments during the displacement period.  However, the property owner is never required to make a temporary housing accommodation payment greater than three times the current monthly HUD Fair Market Rate for a comparable unit.  And, where the San Mateo tenant does not pay rent during the displacement period, the property owner may deduct the amount of rent they would have paid from the total relocation payment.

San Mateo Property Owners Can Offer San Mateo Tenants Temporary Housing During a Temporary Displacement

In lieu of paying the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance, the property owner may offer to provide their San Mateo tenant with a temporary rental unit.  San Mateo Municipal Code § 7.50.090(b)(2).  However, the San Mateo tenant maintains the sole option to accept or decline this office.  Under the San Mateo Unsafe or Substandard Unit Relocation Ordinance, any temporary unit offered to the San Mateo tenant must be:

• Comparable in size, condition, or amenities to the formerly occupied rental unit; and,
• Comply with all applicable zoning, building, and housing codes; and,
• Shall be located within San Mateo city limits or any city or unincorporated area that borders San Mateo, except where the San Mateo tenant agrees, in writing, to accept temporary housing accommodations elsewhere.  San Mateo Municipal Code § 7.50.090(b)(3).  Where the temporary housing is not comparable in size, condition, or amenities, or located outside of San Mateo or a neighboring place, the property owner must also pay the San Mateo tenant a living stipend in the amount of fifty (50%) percent of the current U.S. General Services Administration meals and incidentals per diem rate for San Mateo/Foster City/Belmont, per tenant household member, per day, with a cap of one thousand ($1,000) per household.  San Mateo Municipal Code § 7.50.090(b)(4).

Enhanced Relocation Payments for Immediate Displacement

When required to vacate their rental unit or room immediately, or with fewer than thirty (30) days’ notice, due to the City of San Mateo issuing a red tag due to unsafe or substandard conditions, San Mateo tenants are entitled to an enhanced relocation payment.  San Mateo Municipal Code § 7.50090(d).  Under these circumstances, the property owner must pay the San Mateo tenant an additional one thousand dollars ($1,000).  This payment is meant to compensate the San Mateo tenant for additional costs and inconvenience associated with short-notice moves.

Are Relocation Payments Considered Income for Purposes of Government Benefits Programs?

No, relocation payments received under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance are not considered income for purposes of government benefits programs.  San Mateo Municipal Code § 7.50.090(e). 

Can San Mateo Tenants Waive or Modify Their Rights Under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance?

No, San Mateo tenants cannot be forced to waive or modify their rights under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance.  San Mateo Municipal Code § 7.50.030(c).  Any waiver or modification is void as contrary to public policy.

What Appeal Procedures Exist Under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance?

San Mateo tenants and property owners may file appeals under the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance.  San Mateo Municipal Code § 7.50.100(a)(1).  Any decision, order, or determination regarding relocation payments or a notice of penalty or fine assessed by the City of San Mateo under this Ordinance may be appealed.

To file an appeal, San Mateo tenants must:

• Address a written appeal to the Director of the Community Development Department;
• Ensure the Director receives the appeal within ten days of the date appearing on the decision, order, or determination;
• Provide a copy of the appeal to the property owner.  San Mateo Municipal Code § 7.50.100(a)(2).

After the Director receives the appeal, they shall set a hearing before the appeals panel within thirty days from the date the appeal is filed.  San Mateo Municipal Code §§ 7.50.100(c)(1), (b)(2).  A failure to appear at the hearing constitutes an automatic forfeiture of the decision.  San Mateo Municipal Code § 7.50.100(c)(3).

Similarly, where the property owner appeals a decision, order, or determination, they must serve the San Mateo tenant with a copy of the appeal that they filed.  And, the San Mateo tenant has a right to attend the hearing.  San Mateo Municipal Code § 7.50.100(c)(1).

How Long Must A San Mateo Tenant Wait For Their Relocation Payment After Prevailing At An Appeal Hearing Disputing Their Entitlement to Any Relocation Payment?

Where a property owner appeals a San Mateo tenant’s entitlement to relocation payments and does not prevail, the San Mateo tenant must be paid within ten (10) days after the property owner receives the appeals panel’s written decision.  San Mateo Municipal Code § 7.50.100(c)(2).

Does the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance Contain an Anti-Retaliation Protections?

Yes, the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance contains anti-retaliation protections prohibiting retaliation against any San Mateo tenant that exercises rights granted under the Ordinance.  San Mateo Municipal Code § 7.50.110.  Specifically, in response to a San Mateo tenant exercising their rights under this Ordinance, the property owner may never:

• Engage in any conduct violating California Penal Code section 484(a);
• Engage in any conduct violating California Penal Code section 518;
• Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the San Mateo tenant’s quiet enjoyment of the premises in violation of California Civil Code section 1927 that would create an apprehension of harm in a reasonable person;
• Commit a significant and intentional violation of California Civil Code section 1954;
• Threaten to disclose information regarding or relating to a San Mateo tenant’s, occupants, or their known associate/acquaintance’s immigration or citizenship status.

How Are San Mateo Tenants Fighting Back Against Property Owner Abuse of the San Mateo Unsafe or Substandard Unit Relocation Ordinance?

San Mateo tenants facing retaliation, harassment, or a denial of their rights relating to the San Mateo Unsafe or Substandard Unit Relocation Ordinance have several options to fight back.

San Mateo tenants may complaint to the following entities serving San Mateo:

• San Mateo Community Development Department by email or by phone;
• San Mateo City Attorney’s office by email or by phone;
• Project Sentinel by web or by phone;
• Housing Equality Law Project by web or by phone;
• Legal Aid of San Mateo County by web or by phone;
• Community Legal Services by web or by phone; and,
• Stanford Community Law Clinic by web or by phone.

Additionally, San Mateo tenants may file a lawsuit against a property owner that does not comply with the San Mateo Unsafe or Substandard Unit Relocation Payment Ordinance or where the San Mateo tenant faces retaliation for exercising any rights afforded under the Ordinance.  San Mateo Municipal Code § 9.50.120(a).  The San Mateo tenant may obtain injunctive relief or actual damages against the property owner.  Additionally, gthe court may triple damages where the property willfully fails to pay relocation payments owed to the San Mateo tenant.  Finally, if the San Mateo tenant prevails in a civil lawsuit, the court is empowered to award reasonable attorney fees.

To discuss your rights under the San Mateo Unsafe or Substandard Unit Relocation Ordinance, your rights as a San Mateo tenant, California Rent Control (AB 1482), contact Astanehe Law, including by phone or email to speak with a tenant attorney.