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85B - ORD JUST CAUSE EVICTION
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12/04/2018
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85B - ORD JUST CAUSE EVICTION
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12/3/2018 9:00:34 AM
Creation date
12/3/2018 8:59:01 AM
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City Clerk
Doc Type
Agenda Packet
Agency
City Council
Item #
85B
Date
12/4/2018
Destruction Year
2023
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application a written waiver by the Tenant of his or her right to <br />reoccupy the premises pursuant to this subsection. <br />(10) Withdrawal of the Unit Permanently from Rental Market. To the <br />extent required by California Government Code Section 7060 et seq., the <br />Landlord may seek in good faith to recover possession to withdraw all <br />Rental Units of an entire Property from the rental housing market. Tenants <br />affected by this provision shall be entitled to a minimum of 120 -day notice <br />or one (1) year in the case Tenants are defined as senior or Disabled. <br />Notice times may be increased by regulations, if state law allows for <br />additional time. <br />(11) Government Order. The Landlord seeks in good faith to recover <br />possession of the Rental Unit to comply with a governmental agency's <br />order to vacate, order to comply, order to abate, or any other order that <br />necessitates the vacating of the building housing the Rental Unit as a result <br />of a violation of the Santa Ana Municipal Code and Charter or any other <br />provision of law. <br />(12) Vacating an Unpermitted Rental Unit. The Landlord seeks in good faith <br />to recover possession of an unpermitted Rental Unit in order to terminate <br />the unpermitted use. <br />(b) Tenant Protections during Foreclosure. Notwithstanding anything to the <br />contrary in Sections 4 or 5 herein, a Landlord who obtains title through foreclosure to Property <br />containing Rental Units subject to this Ordinance may bring an action to recover possession of <br />the Rental Unit from a Tenant whose tenancy commenced on or before the date that the Landlord <br />obtained title, only upon the grounds set forth in Section 5. To recover possession of the Rental <br />Unit from a Tenant, the Landlord must comply with all of the requirements and provisions of this <br />section, including, without limitation, the payment of Relocation Assistance required, pursuant to <br />the provisions of Section 5(c). <br />(c) Relocation Assistance. <br />(1) A Landlord seeking to recover possession under Subsections (a)(8)-(12) <br />above shall provide Relocation Assistance to affected Tenant households <br />in an amount equal to six (6) times the current Fair Market Rent for a <br />similar Rental Unit in Orange County as determined by the U.S. <br />Department of Housing and Urban Development. Tenant households with <br />at least one Qualified Tenant shall be entitled to an additional payment <br />equal to one (1) times the current Fair Market Rent for a similar Rental <br />Unit as determined by HUD as part of their Relocation Assistance. To the <br />extent permitted by law, the Relocation Assistance required herein shall be <br />a minimum amount. <br />(2) The Landlord shall notify the affected Tenants of their rights under this <br />subsection, if any, at the time of the service of any notice terminating the <br />15 <br />85B-15 <br />
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