SB827: Difference between revisions

Shane Phillips‏&nbsp; @shanedphillips&nbsp;[https://twitter.com/shanedphillips/status/950938801181925377 7:54 PM - 9 Jan 2018]<br/> "What would be a smart anti-displacement or displacement mitigation policy to integrate into #SB827? Recognizing that abundant housing is the most effective broad-based anti-displacement strategy, I think there's space for targeted mitigations too."▼

*Give housing vouchers to anyone evicted for redevelopment. I like this policy because it's automatically means-tested and provides immediate relief. (also suggested by @MarketUrbanism ▼

*Require 1 for 1 replacement of rent stabilized units with affordable units. Problem there is that it doesn't necessarily serve the people actually evicted. ▼

*Residents displaced by redevelopment should have preferential placement in any affordable units built by [https://twitter.com/hashtag/SB827?src=hash <s>#</s>'''SB827''']. Can't really do this with affordable projects funded by state/fed money, but maybe it's possible with private projects? ▼

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Ethan Elkind. "[http://www.ethanelkind.com/mitigating-displacement-of-low-income-renters-from-new-transit-oriented-housing/. Mitigating Displacement Of Low-Income Renters From New Transit-Oriented Housing]." January 9, 2018.&nbsp;<br/> Suggestions:&nbsp;▼

*ensure a percentage of the new homes built are available exclusively to people with low incomes. ▼

*local residents who have been displaced or are at risk of displacement should have priority access to these new homes. ▼

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==== California Relocation Assistance (eminent domain cases) ====▼

​​​Tim McCormick @yimbywiki [https://twitter.com/YIMBYwiki/status/951200278664986624 10 Jan 2018]:&nbsp;<br/> "as a displacement mitigation policy for #SB827 housing bill, we could take as one model [https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=16.&article= California's Relocation Assistance code], applied in eminent-domain type situations:<br/> [https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=16.&article= https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=16.&article=].▼

<blockquote>''"(3) Assure that, within a reasonable time period prior to displacement, to the extent that it can be reasonably accomplished, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of displaced families and individuals, decent, safe, and sanitary dwellings, sufficient in number to meet the needs of, and available to, those displaced persons requiring those dwellings and reasonably accessible to their places of employment, except that, in the case of a federally funded project, a waiver may be obtained from the federal government.<br/> (4) Assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling.."''</blockquote> ▼

==== California Tenant Relocation Assistance (in Health & Safety Code) ====▼

[http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=17975 California Health and Safety Code section 17975] states that tenants displaced by order of an agency, due to serious building code violations, are entitled to relocation compensation from the landlord. Generally speaking, this relocation compensation is to be paid within 10 days of the date the Notice of Violation was posted or mailed and is to be in an amount “equal to two months of the established fair market rent” for the area as set forth by HUD. Landlords are generally not responsible when the serious code violations have been caused by the tenant or guests."▼

ARTICLE 2.5. Tenant Relocation Assistance [17975 - 17975.10]&nbsp;&nbsp;<br/> 17975:<br/> "Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in this article. The local enforcement agency shall determine the eligibility of tenants for benefits pursuant to this article."▼

==== <br/> LA&nbsp;Rent Stabilization Ordinance Relocation assistance ====▼

<blockquote>"Under the Rent Stabilization Ordinance (RSO), a landlord is only required to pay monetary relocation assistance payments to tenants being evicted through no fault of their own. Without a RSO cause, a tenancy may not be terminated. There are 7 no-fault reasons under the RSO in which a landlord can legally evict a tenant. For each reason, landlords must file a landlord declaration application with the Los Angeles Housing + Community Investment Department (HCIDLA) before issuing a notice to move-out. The following eviction reasons require the payment of relocation assistance: ▼

#The landlord evicts for their own occupancy, a resident manager, or for the landlord’s spouse, children, grandchildren, parents or grandparents. Landlords must file a Declaration of Intent to Evict for Landlord Occupancy or Declaration of Intent for Owner/Family Occupancy or Declaration of Intent to Evict for Resident Manager; ▼

#Any tenant affected by Primary Renovation Work shall have the option to voluntarily terminate the tenancy in exchange for permanent relocation assistance as set forth in a Tenant Habitability Plan accepted by the HCIDLA; ▼

#The eviction is due to condominium conversion, demolition or the property is going to be permanently removed from the rental housing market (Ellis Act). Landlords must file Notice of Intent to Withdraw Units from Rental Housing Use; ▼

#The landlord evicts to comply with a governmental agency’s Order to Vacate. Landlords must file a Declaration of Intent to Evict in Order to Comply with a Government Agency’s Order; ▼

#The Secretary of the U.S. Department of Housing and Urban Development is both the owner and plaintiff and seeks to recover possession in order the vacate the property prior to the sale. Landlords must file Declaration of Intent to Evict From a HUD-Owned Property Prior to Sale; ▼

#The rental unit is in a Residential Hotel and the landlord is going to convert or demolish the unit(s); and ▼

#The Landlord seeks in good faith to recover possession of the rental unit to convert the property to an affordable housing accommodation. Landlords must file a Declaration of Intent to Evict to Convert to Affordable Housing Accommodation. ▼

''- from&nbsp;''HCIDLA:&nbsp;[http://hcidla.lacity.org/Relocation-Assistance. http://hcidla.lacity.org/Relocation-Assistance.&nbsp;&nbsp;]</blockquote> ▼