The Stockton Relocation Benefits for Displaced Tenants Ordinance
The City of Stockton provides Stockton 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 1.52 of the Stockton Municipal Code and officially entitled the “Relocation Benefits for Displaced Tenants” Ordinance, the Stockton Tenant Relocation Benefits for Displaced Tenants Ordinance provides Stockton tenants with predetermined relocation payments whenever their homes are red-tagged and no longer habitable.
Is My Unit Covered Under the Stockton Relocation Benefits for Displaced Tenants Ordinance?
Most likely, yes. The Stockton Relocation Benefits for Displaced Tenants Ordinance covers, “[a]ny tenant who is displaced from any residential unit.” Stockton Municipal Code § 1.52.020. Only tenants in rental units owned by the City of Stockton, the City of Stockton Redevelopment Agency, the San Joaquin Housing Authority, or any other government agency are exempt. Stockton Municipal Code § 1.52.090. Consequently, nearly every Stockton tenant is covered by the Stockton Relocation Benefits for Displaced Tenants Ordinance.
Does the Stockton Relocation Benefits for Displaced Tenants Ordinance Protect Subtenants?
Most likely, yes. The Stockton Relocation Benefits for Displaced Tenants Ordinance covers, “[a]ny tenant who is displaced from any residential unit.” Stockton Municipal Code § 1.52.020. So, the law likely covers subtenants and other authorized occupants, except where the rental unit is owned by the City of Stockton, the City of Stockton Redevelopment Agency, the San Joaquin Housing Authority, or any other government agency are exempt. Stockton Municipal Code § 1.52.090.
Are Property Managers and Other Landlord Agents Required to Contribute to Relocation Payments Made to Stockton Tenants?
It is unlikely that the Stockton Relocation Benefits for Displaced Tenants Ordinance requires property managers and other landlord agents to contribute to relocation payments owed to Stockton tenants. While the Ordinance lacks definitions, the Ordinance only refers to property owners, and no other person or entity, as being required to satisfy relocation payment obligations towards Stockton tenants. Stockton Municipal Code § 1.52.020.
Under What Circumstances Does A Stockton Tenant Become Entitled to Relocation Payments Under the Stockton Relocation Benefits for Displaced Tenants Ordinance?
A tenant becomes eligible for relocation payments from the property owner when the Stockton tenant is displaced from their home due to a notice and order to vacate for unsafe or hazardous living conditions issued by the City of Stockton Stockton Municipal Code § 1.52.020.
What is the Amount of Relocation Payments Stockton Tenants Must Receive Under the Stockton Relocation Benefits for Displaced Tenants Ordinance?
Under the Stockton Relocation Benefits for Displaced Tenants Ordinance, Stockton tenants are entitled to relocation benefits in an amount equal to the lower of either two times the Stockton tenant’s current rent or an amount equal to the Stockton tenant’s monthly rent at their new home. Stockton Municipal Code § 1.52.030.
Who is Responsible for Paying Stockton Tenant Relocation Payments Under the Stockton Relocation Benefits for Displaced Tenants Ordinance?
As specified above, property owners are responsible for paying relocation payments to Stockton tenants displaced from their rental units due to unsafe or hazardous living conditions. Stockton Municipal Code § 1.52.020.
Typically, the Notice of Violation will provide the Stockton tenant reasonable time before the displacement, such as sixty (60) days’ notice. However, for imminently unsafe or hazardous conditions – likely where human life is endangered – the City of Stockton may require the Stockton tenant to vacate within seventy-two (72) hours or less time. When the Stockton tenant is required to vacate within seventy-two (72) hours or less time, the Stockton tenant is also entitled to:
- The reasonable and actual costs for up to two (2) weeks of temporary housing;
- Moving expenses; and,
- The cost to store personal property for up to two (2) weeks. Stockton Municipal Code § 1.52.040.
When Citing a Rental Unit, Will the City of Stockton Provide Notice of a Stockton Tenant’s Right to Relocation Payments Under the Stockton Relocation Benefits for Displaced Tenants Ordinance?
Yes, the City of Stockton will provide both the property owner and Stockton tenant with a notice summarizing the Stockton tenant’s right to relocation benefits from the property owner. Stockton Municipal Code § 1.52.080. Please note that the City’s failure to provide this notice does not relieve the property owner of their obligation to provide relocation payments.
Does the Stockton Relocation Benefits for Displaced Tenants Ordinance Provide A Deadline for Paying Relocation Payments to Stockton Tenants?
Yes, the property owner must provide relocation payments within ten (10) days after the Notice to Vacate date. Stockton Municipal Code § 1.52.060. However, the property owner may appeal the determination that relocation benefits are owed to the Stockton tenant.
Are There Any Circumstances Where Stockton Tenants are not Entitled to Collect Relocation Benefits?
Yes, Stockton tenants are not entitled to collect relocation payments under the Stockton Relocation Benefits for Displaced Tenants Ordinance when:
- The Stockton tenant caused or substantially contributed to the unsafe or hazardous living conditions giving rise to the Notice to Vacate, as determined by the City of Stockton;
- The rental unit becomes unsafe or hazardous as a result of an earthquake, flood, fire, or other natural disaster unrelated to safety or code violations;
- The Stockton tenant refuses to move into a habitable unit, as determined by the city, available to the tenant within sixty (60) days following the vacate date. Stockton Municipal Code § 1.52.070.
Does the Stockton Relocation Benefits for Displaced Tenants Ordinance Contain A Private Right of Action?
No, the Stockton Relocation Benefits for Displaced Tenants Ordinance does not contain a private right of action. If your landlord refuses to provide relocation payments under the Ordinance, contact the City Attorney by phone.
To discuss the Stockton Residential Rental Unit Inspection and Maintenance Ordinance, the Stockton Relocation Benefits for Displaced Tenants Ordinance, Stockton Ellis Act Evictions, Stockton Owner Move-In Evictions, or California Rent Control (AB1482), contact Astanehe Law, including by phone or email, to speak with a tenant attorney.
