Title
Final Passage of Ordinance Amending Alameda Municipal Code Article XV (Rent Control, Limitations on Evictions, and Relocation Payments to Certain Displaced Tenants) Concerning Permanent Relocation Payments to Tenants Whose Tenancies are Illegally Terminated and Reinserting Clarifying Language Inadvertently Removed. (City Attorney)
Body
The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
<https://alameda.legistar.com/LegislationDetail.aspx?ID=8200416&GUID=A3632420-E62F-485F-B5FE-1194FF16118C&Options=&Search=&FullText=1>
This ordinance was not revised when it was introduced.
Full text of the ordinance:
CITY OF ALAMEDA ORDINANCE NO. ____
New Series
AMENDING ALAMEDA MUNICIPAL CODE ARTICLE XV (RENT CONTROL, LIMITATIONS ON EVICTIONS, AND RELOCATION PAYMENTS TO CERTAIN DISPLACED TENANTS) CONCERNING PERMANENT RELOCATION PAYMENTS TO TENANTS WHOSE TENANCIES ARE ILLEGALLY TERMINATED AND REINSERTING CLARIFYING LANGUAGE INADVERTENTLY REMOVED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA as follows:
Section 1. Alameda Municipal Code ARTICLE XV (RENT CONTROL, LIMITATIONS ON EVICTIONS AND RELOCATION PAYMENTS TO CERTAIN DISPLACED TENANTS) and Section 6-58.15 of the Alameda Municipal Code are amended to read as follows (in redline; otherwise no change:
“6-58.15 Definitions
Unless the context requires otherwise, the terms defined in this Article shall have the following meanings:
(No change to the definitions except as follows:)
Permanent Relocation Payment means the payment the Landlord is required to make to a Tenant when (i) the Landlord takes action to terminate a Tenancy permanently under subsections E, F, G, or H, or I of Section 6-58.80, or for reasons not specified in subsections A, B, C, or D of Section 6-58.80 , (ii) the Landlord did not serve a notice of termination of Tenancy but the Tenant has permanently vacated a Rental Unit pursuant to a governmental agency’s order to vacate the Rental Unit or due to Health or Safety Conditions, (iii) the Landlord has served the Tenant with a Relocation Rent Increase and the Tenant has vacated the Rental Unit within ninety (90) days thereafter, or (iv) the Landlord has failed to correct deficient Housing Quality Standards in Housing Choice Voucher Section 8 Rental Units resulting in the Tenant’s vacating the Rental Unit.”
Section 2. Alameda Municipal Code ARTICLE XV (RENT CONTROL, LIMITATIONS ON EVICTIONS AND RELOCATION PAYMENTS TO CERTAIN DISPLACED TENANTS) and Section 6-58.50 of the Alameda Municipal Code are amended to read as follows (in redline, otherwise, no change:
“Section 6-58.50 Limitations on Pass Through Applications, the Frequency of Rent Increases, the Use of Banked Annual Adjustments, and Rent Increases in Combination with Pass Throughs
(Subsection A, no change)
B. For Rental Units that are not exempt from rent control under State Law, nNo Landlord shall increase the Rent of any Rental Unit or impose a Pass Through, whether such increase or imposition is separate or together: (ia) more than once in any twelve (12) month period, (iib) earlier than twelve after the inception of the Ttenancy, or (iiic) earlier than twelve (12) months after the imposition of a Utility Adjustment.
(Subsections C and D, no change.)”
Section 3. Alameda Municipal Code ARTICLE XV (RENT CONTROL, LIMITATIONS ON EVICTIONS AND RELOCATION PAYMENTS TO CERTAIN DISPLACED TENANTS) and Section 6-58.83 of the Alameda Municipal Code are amended to read as follows (in redline; otherwise no change:
“6-58.83 Relocation Payments
A. Permanent Relocation Payments. A Landlord who (i) takes action to terminate a Tenancy permanently for the reasons specified in subsections E, F, G, or H of Section 6-58.80, or for reasons not specified in subsections A, B. C, or D of Section 6-58.80, (ii) did not serve a notice of termination of Tenancy but the Tenant has permanently vacated a Rental Unit pursuant to a governmental agency’s order to vacate the Rental Unit or due to Health or Safety Conditions, (iii) serves a notice of a Rent Increase that is a Relocation Rent Increase as defined in this Article and the Tenant has vacated the Rental Unit within 90 days thereafter, or (iviii) fails to correct deficient Housing Quality Standards in Housing Choice Voucher Section 8 Rental Units resulting in the Tenant’s vacating the Rental Unit, shall, except as provided in Section 6-58.87, provide to an Eligible Tenant a Permanent Relocation Payment.
(Subsection B, no change.)”
Section 4. Alameda Municipal Code ARTICLE XV (RENT CONTROL, LIMITATIONS ON EVICTIONS AND RELOCATION PAYMENTS TO CERTAIN DISPLACED TENANTS) and Section 6-58.100 of the Alameda Municipal Code are amended to read as follows (in redline; otherwise no change:
“Section 6-58.100 Distribution of Relocation Payments to Eligible Tenants
(Subsections A and B, no change.)
C When the Tenant has informed the Landlord, in writing, that Tenant has found permanent housing for the reasonsas provided in paragraph (ii) of subsection A of Section 6-58.85 (Governmental Order to Vacate or Vacating Due to Health or Safety Conditions or paragraph (iii) of subsection A of Section 6-68.85 (failure to correct Housing Quality Standards) or in subsection B of Section 6-58-85 (Governmental Order to Vacate or Vacating Due to Health or Safety Conditions), the Landlord shall pay the full amount of the applicable Permanent Relocation Payment within three (3) business days thereof or within three (3) business days after the Tenant has removed all of the Tenant’s personal property from the Rental Unit and/or other property of the Landlord, such as a storage unit, whichever is later.
(Subsection D, no change.)
E. When the Landlord has served a notice of termination of a Tenancy for reasons not specified in Section 6-58.80, the Landlord shall pay to the Tenant the full amount of the applicable Permanent Relocation Payment if the Tenant, in response to the notice of termination (i) has removed all of Tenant’s personal property from the Rental Unit or other property of the Landlord, such as a storage unit, and does not accept the Landlord’s offer to return to the Rental Unit as required by Section 6-58.140(D) or Section 6-58.140(E) or (ii) has found permanent alternative housing. Landlord shall make the payment within three business days of the earlier of (i) or (ii).
(Current Subsection E, no change, but re-letter to F.)”
Section 5. Alameda Municipal Code ARTICLE XV (RENT CONTROL, LIMITATIONS ON EVICTIONS AND RELOCATION PAYMENTS TO CERTAIN DISPLACED TENANTS) is amended by adding thereto Section 6-58.112 of the Alameda Municipal Code to read as follows:
Section 6-58.112 Invalid Terminations of Tenancies
A Landlord who has terminated a Tenancy for any Rental Unit, whether the Rental Unit is exempt from rent control under State Law or not, on grounds not permitted under this Article shall immediately rescind the termination of such Tenancy, regardless of whether a Tenant has, in response to the invalid notice of termination of Tenancy, vacated the Rental Unit or entered into a Rental Agreement for a different Rental Unit. The Program Administrator shall promulgate Rent Ordinance Regulations to implement this Section.
Section 6. Alameda Municipal Code ARTICLE XV (RENT CONTROL, LIMITATIONS ON EVICTIONS AND RELOCATION PAYMENTS TO CERTAIN DISPLACED TENANTS) and Section 6-58.140 of the Alameda Municipal Code are amended to read as follows:
“6-58.140 Penalties and Remedies for Violations.
(Subsections A, B and C, no change.)
D. A Landlord who has terminated a Tenancy for a Rental Unit not exempt from rent control under State Law on grounds not permitted under this Article shall immediately rescind the termination of Tenancy and:
1. If the Tenant has vacated the Rental Unit, oOffer the Rental Unit to the Tenant whose Tenancy was unlawfully terminated and at the same Rent that was in effect at the time the Tenancy was terminated and, regardless of whether the Tenants accepts the offer, pay to the Tenant all reasonable and documented moving expenses incurred in moving to the Rental Unit.
(Paragraph 2, no change.)
3. Inform the Rent Program in writing within three10 days concerning the outcome of paragraph 1 or 2, whichever is applicable, including confirmation that the moving expenses have been paid.
E. A Landlord who has terminated a Tenancy for a Rental Unit that is exempt from rent control under State Law on grounds not permitted under this Article shall immediately rescind the termination of Tenancy and:
1, If the Tenant has vacated the Rental Unit, offer the Rental Unit to the Tenant whose Tenancy was unlawfully terminated and, regardless of whether the Tenant accepts the offer, pay to the Tenant all reasonable and documented moving expenses.
2. Inform the Rent Program in writing within three days concerning the outcome of paragraph 1, including confirmation that the moving expenses have been paid.
(Current subsections E and F, no change but reletter to subsections F and G.
H. The Program Administrator may issue Rent Ordinance Regulations to implement subsections D and E of this Section 6-58.140.”
Section 7. REPEAL
Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effectuate this Ordinance.
Section 8. CEQA DETERMINATION
The City Council finds and determines that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061(b)(3) (no significant environmental impact).
Section 9. SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision and therefore the provisions of this Ordinance are severable. The City Council declares that it would have enacted each section, subsection, paragraph, subparagraph, and sentence notwithstanding the invalidity of any other section, subsection, paragraph, subparagraph, or sentence.
Section 10. EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
_________________________________
Presiding Officer of the City Council
Attest:
_______________________________
Lara Weisiger, City Clerk
City of Alameda
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 6th day of October 2026, by the following vote, to wit:
AYES
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of October 2026
__________________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
___________________________
Len Aslanian, Acting City Attorney
City of Alameda