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In addition to the limitations on occupancy, many just cause eviction ordinances limit a landlord's ability to evict a tenant based on the breach of a lease provision which was not part of the original rental/lease agreement. Specifically, these provisions typically state that a landlord cannot evict a tenant for violation of a lease provision which was not part of the original rental/lease agreement unless the landlord first notified the tenant that he or she need not accept the newly added lease provision. F. "No Fault" Eviction Protections for Elderly and Disabled Tenants Some just cause eviction ordinances prohibit a landlord from using owner move -in as the basis for the eviction of a tenant who is either elderly or disabled. Many just cause eviction ordinances also require that elderly and disabled tenants be given one year's notice to move out when the eviction is based on withdrawal of the unit from the rental market. Some ordinances also provide for additional relocation payments to elderly and disabled tenants. A tenant is generally defined as being "elderly" if he or she is sixty-two years of age or older. However, at least one ordinance, enacted by the City of Oakland, lowers the age threshold to sixty years of age. These provisions also typically adopt the very broad definition of "disability" found in the Fair Employment and Housing Act (FEHA), which includes any physical or mental disease, disorder, or condition which "limits a major life activity." This definition of "disability" may include mental disorders such as depression. G. Payment of Relocation Assistance Most just cause ordinances require the landlord to pay relocation assistance to tenants who are evicted for a "no fault" reason, such as owner move -in or permanent removal of the unit from the rental market. The required amount of the relocation assistance varies from city to city. The relocation payment typically includes all of the following: (1) refund of the security deposit without deduction or offset, (2) a payment equivalent to a specified number of months' rent for a comparable rental unit at the market rate, and (3) a specified amount of moving expenses. These payments often cost $10,000 or more per unit. H. First Right of Refusal A tenant who is evicted for a permissible "no fault" reason (such as owner move -in, Ellis Act, demolition, or substantial repair) under a just cause eviction ordinance is usually entitled to a first right of refusal to re -rent the rental unit if it is returned to the rental market. Some ordinances limit the first right of return to a specified period of time. For example, San Francisco's just cause ordinance requires that if an owner terminates a tenancy to perform an owner move -in, but then returns the unit to the rental market within three years, the owner must offer to re -rent the unit to the tenant who was displaced. Other ordinances, such as the City of Richmond's just cause eviction ordinance, gives the tenant, whose tenancy is terminated to allow an owner move -in, substantial repair, or withdrawal of the unit from the market (Ellis Act), the first right of refusal to re -rent the unit at the same rental rate in place at the time of eviction if the rental unit is ever returned to the rental market. I. Other Requirements Most just cause eviction ordinances require the landlord to file copies of any notice of termination and/or any unlawful detainer summons and complaint with the city within a relatively short period of time after they are served on the tenant. In addition, many ordinances include various requirements that the landlord make certain statements or certifications in their notices to tenants and in their unlawful detainer complaint. For example, the just cause eviction ordinance in the City of Richmond requires that any written notice served on the tenant as a result of the tenant's breach of their lease, nuisance conduct, or failure to give access must inform the tenant of their right to request a reasonable accommodation. The California Apartment Association www.coonet.org Revised 06/2017 — 02017— All Fights Reserved Page 3 121