The City of San Pablo provides San Pablo tenants with relocation payments when suffering displacement from their homes due to unsafe or substandard conditions cited by a city official.  Codified at Chapter 8.05 of the San Pablo Municipal Code, the San Pablo Tenant Relocation Assistance Ordinance provides San Pablo Tenants with predetermined relocation payments whenever their homes are red-tagged and no longer habitable.

Is My Unit Covered Under the San Pablo Tenant Relocation Assistance Ordinance?

Nearly every San Pablo tenant is covered.  Any structure a San Pablo tenant, or other resident, uses as their permanent or customary home within the City of San Pablo is covered under the San Pablo Tenant Relocation Assistance Ordinance.  San Pablo Municipal Code § 8.05.020.  This includes, but is not limited to, single-family homes, apartment complexes, condominium complexes, single room occupancy living spaces, mobile homes, garages, sheds, and rooms.  The Ordinance covers San Pablo tenants living in any building, regardless of habitability conditions, or lawful status.

Does the San Pablo Tenant Relocation Assistance Ordinance Protect Subtenants?

Yes, the San Pablo Tenant Relocation Assistance Ordinance protects subtenants.  San Pablo Municipal Code § 8.05.020.

Are Property Managers and Other Landlord Agents Covered by the San Pablo Tenant Relocation Assistance Ordinance?

Yes, the San Pablo Tenant Relocation Assistance Ordinance applies to property managers and other landlord agents directly.  San Pablo Municipal Code § 8.05.020.

Under What Circumstances Does a San Pablo Tenant Become Entitled to Relocation Payments Under the San Pablo Tenant Relocation Assistance Ordinance?

A tenant becomes eligible for relocation payments from the property owner when the tenant is displaced from their home due to San Pablo’s code enforcement activities.  Specifically, where the San Pablo tenant is forced to vacate their home due to habitability issues resulting in a city order to vacate, the San Pablo tenant becomes entitled to relocation assistance under the San Pablo Tenant Relocation Assistance Ordinance.  San Pablo Municipal Code § 8.05.030.  The city order must include a summary of the habitability violations for which the unit is cited.  Id.

Who is Responsible for Paying San Pablo Tenant Relocation Payments Under the San Pablo Tenant Relocation Assistance Ordinance?

As specified above, property owners are responsible for paying relocation payments to San Pablo tenants displaced from their homes or rooms via an order to vacate issued by the City.  San Pablo Municipal Code § 8.05.030.

Does the San Pablo Tenant Relocation Assistance Ordinance Provide a Deadline for Paying Relocation Payments to San Pablo Tenants?

Yes.  The San Pablo Tenant Relocation Assistance Ordinance contains deadlines to provide relocation payments to San Pablo tenants.  Any San Pablo tenant displaced under the Ordinance must receive payment the later of either:

• Within ten (10) days after the date the landlord mails and posts the order to vacate; or,
• At least twenty (20) days prior to the vacation date set forth in the order to vacate. San Pablo Municipal Code § 8.05.040(A).

If there are fewer than ten (10) days between the first posting and mailing of the order to vacate and the vacation date, the San Pablo tenant must receive their relocation payment within twenty-four (24) hours after the notice is posted or mailed.  San Pablo Municipal Code § 8.05.040(B).

Where the San Pablo tenant is forced to vacate their home immediately, relocation payment benefits are due immediately, and the City of San Pablo will try to inform the displaced tenant via phone or writing.  San Pablo Municipal Code § 8.05.040(C).  In any event, the City of San Pablo must also attempt to notify a San Pablo tenant facing displacement with notice via telephone or writing of their entitlement to relocation benefits.  San Pablo Municipal Code § 8.05.040(D).  The city employee may satisfy this requirement by posting notice at the property stating that San Pablo tenants may be entitled to relocation benefits under the San Pablo Tenant Relocation Assistance Ordinance.  Id.

What Notices Will the City of San Pablo Serve Under the San Pablo Tenant Relocation Assistance Ordinance?

As stated above, the landlord must provide written notice via mail and posting that the San Pablo tenant must vacate due to a city issued Order to vacate.  San Pablo Municipal Code § 8.05.040.  Further, the City of San Pablo must also attempt to notify a San Pablo tenant facing displacement with notice via telephone or writing of their entitlement to relocation benefits.  San Pablo Municipal Code § 8.05.040(D).  The city employee may satisfy this requirement by posting notice at the property stating that San Pablo tenants may be entitled to relocation benefits under the San Pablo Tenant Relocation Assistance Ordinance.  Id.

What Is the Amount of Relocation Payments San Pablo Tenants Must Receive Under the San Pablo Tenant Relocation Assistance Ordinance?

San Pablo tenants that become permanently displaced from their rental unit or room are entitled to a relocation payment from the property owner of a sum equal to two (2) months of the fair market value rental rate set by the United States Department of Housing & Urban Development (“HUD”) for a comparable unit.  San Pablo Municipal Code § 8.05.050.  Unfortunately, relocation benefits are paid on a per residential unit basis.  Id

What Happens When the Landlord Fails to Pay a San Pablo Tenant Their Relocation Benefits Timely?

Where the property owner fails to pay the San Pablo tenant their relocation assistance due under the San Pablo Tenant Relocation Assistance Ordinance timely, the San Pablo tenant is entitled to an additional payment in an amount equal to one and a half times (1.5x) the relocation assistance to which they are entitled to receive under this Ordinance.  San Pablo Municipal Code § 8.05.060(A).  However, this enhanced payment does not apply where the landlord provides relocation assistance that is due fewer than ten (10) days after the date the Order to vacate is first mailed and posted to the San Pablo tenant within ten (10) days after initially mailing and posting the order.  San Pablo Municipal Code § 8.05.060(B).

Where the landlord refuses or fails to tender relocation payments due to the San Pablo tenant entirely, the City of San Pablo may step in and provide relocation assistance to the San Pablo tenant.  San Pablo Municipal Code § 8.05.080(A).  To obtain City funding, the San Pablo tenant may be required to meet with the San Pablo city manager or a designee to present facts showing a need for relocation assistance.  Id.

When Are San Pablo Tenants Not Entitled to Relocation Assistance Under the San Pablo Tenant Relocation Assistance Ordinance?

San Pablo tenants are not entitled to collect relocation assistance under the San Pablo Tenant Relocation Assistance Ordinance:

• When the San Pablo Tenant Relocation Assistance Ordinance does not cover their unit or tenancy – a rare occurrence;
• Where the City of San Pablo determines that the San Pablo tenant, or their guest, causes or contributes substantially to the condition(s) causing the issuance of the Order to Vacate;
• Where the City of San Pablo determines that the building became unsafe or hazardous during the San Pablo tenant’s tenancy and issues the Order to Vacate due to an earthquake, flood, fire, act of the public enemy, or other disaster not caused by building, plumbing, electrical, mechanical, or fire code violations within six months prior to the City issuing the Order to Vacate. San Pablo Municipal Code § 8.05.070.

How Are San Pablo Tenants Fighting Back Against Landlord Abuse of the San Pablo Tenant Relocation Assistance Ordinance?

San Pablo tenants facing retaliation, harassment, or a denial of their rights relating to the San Pablo Tenant Relocation Assistance Ordinance have several options to fight back.

San Pablo tenants may complain to the following entities serving San Pablo:

• San Pablo Community Development Department by email or by phone;
• San Pablo City Attorney’s office by email or by phone;
• East Bay Community Law Center by web or by phone; or,
• Legal Aid of  Contra Costa County by phone.

Additionally, San Pablo tenants may file a lawsuit against a property owner that does not comply with the San Pablo Tenant Relocation Assistance Ordinance or where the San Pablo tenant faces retaliation for exercising any rights afforded under the Ordinance.  San Pablo Municipal Code § 8.05.110.  The San Pablo Tenant Relocation Assistance Ordinance provides a prevailing tenant to recover their reasonable attorney fees in any lawsuit brought to enforce their rights under the Ordinance.  Id.

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