James Bush 471 112E. Julian St.

San Jose, CA 95112
March 20,2012

Khoa Dang Nguyen 471 E. Julian Street San Jose, CA 95112 Dear Mr. Nguyen: It is my understanding that the City of San Jose Department of Code Enforcement is forcing you to vacate the unit which I have been renting from you since August 9, 2011 because it was converted into living quarters without county permits. I am writing to inform you that I am entitled under the City of San Jose Municipal Code § 17.2.2000 et. seq. to the advance payment of three months rent equal to the fair market rent established by the U.S. Department of Housing and Urban Development (HUD), plus moving expenses as established by the city. The current market rent for a studio (Efficiency) unit is $1,165.00. The sum due to me is three thousand, four hundred, and ninety-five dollars ($1,165 per month x 3 months = $3,495.00), plus moving expenses of$500, for a total of $3,995 due to' me. This payment should be made to me as soon as possible. In the alternative, under the Ordinance, you may relocate me to a comparable unit, at the same rent I am currently paying, for at least three months and pay for my moving expenses. Failure to comply with the Ordinance may result in a civil penalty of up to one thousand dollars ($1,000) for each violation. Enclosed please find a copy of the San Jose Relocation Ordinance, a copy of the applicable Fair Market Rent Schedule as calculated by HUD, and a copy of the Moving Expense Schedule approved as a resolution by the city council of San Jose. If you have questions about my rights and your responsibilities under this city ordinance, you should contact an attorney. Thank you for your attention to this matter.

FY2012 Fair Market Rent Documentation System -- Calculation for Santa Clara County,...

Page 10f3

FY2012 Fair Market Rent Documentation System
The Final FY2012 Santa Clara County FMRs for All Bedroom Sizes
The following table shows the Final FY2012 FMRs by unit bedrooms for Santa Clara County, California.

Final FY2012

FMRs By Unit Sedrooms Three-Bedroom

Final FY2012

FMR

$2,334

I I

Four-Bedroom

$2,569

I I

FY2012 FMR areas continue to use the revised Office of Management and Budget (OMB) area definitions that were first issued in 2003 along with HUD defined Metropolitan areas (HMF"As) as described in the FY2011 FMR documentation which can be found at (Santa Clara County FY2011 FMR Documentation system). No changes have been made to these OMB-defined areas since the publication of Final FY2011 FMRs Santa Clara County, California Santa Clara County. California. All information is part of the San Jose-Sunnyvale-Santa Clara, CA HUe Metro FMR Area, which is comprised of the following counties:

here applies to the entirety

of the San Jose-Sunnyvale-Santa

Clara,

CA HUe Metro

FMR Area.

Fair Market Rent Calculation Methodology - New for FY2012
Fair Market Rents for metropolitan areas and non-metropolitan FMR areas are developed as follows:

1. 2005-2009 5-year ACS estimates of 2-bedroom adjusted standard quality rents calculated for each FMR area are used as the new basis for FY2012. 2. In areas where the 2009 5-year ACS estimates are smaller than the reported margin of error, the state non-metro estimate of 2-bedroom adjusted standard quality rent is used. 3. HUD calculates a recent-mover adjustment factor by comparing a 2009 1-year adjusted recent-mover 2-bedrooom rent to the 5-year adjusted standard quality rent for the same area in the following manner. A. In areas where there are at least 100 observations included in the 2009 1-year ACS estimate of 2-bedroom recent-mover rents, a statistical comparison is made between the 5-year 2-bedroom adjusted standard quality rent and the 1-year 2-bedroom recent-mover rent available from the ACS. o If the 1-year data are statistically different than the 5-year data, HUD calculates a recent-mover adjustment factor between the 5-year data' and the t-year data and applies this to the 5-year data. This recent-mover adjustment factor is floored at 1.0. o If the 1-year data are not statistically different than the 5-year data, HUD applies a recent-mover adjustment factor of 1 to the 5-year data. In areas where there are less than 100 observations of 2009 1-year ACS estimate of 2-bedroom recent-mover rent, a statistical comparison is made between the 5-year 2-bedroom adjusted standard quality rent and the 1-year 2-bedroom recent-mover rent for smallest geographic area containing the FMRa ~~tMHIlfYI~<dIlJstIJf'lmtomh·~~·)g:~!"aMm6li!!ltifl'l~"''O'f,,!-be~:;~~ t~~~~.eP'ei' ~bpolitan areas, the order of ;,.,_j~!lffiii'l{\tP'IS: Entire Metropolitarl-..:.;;:,;.;;.~b'\"Me!Wjlblitan Sub-Areas), St~ ~rfYa'ftY;>8I'ffli'n, Entire State, and Entire US; for non-metropolitan areas, the order of geographies examined is: State Non-Metropolitan Portion, Entire State, and Entire US. o If the 1-year data are statistically different than the 5-year data, HUD calculates a recent-mover adjustment factor between the 5-year data and the 1-year data and applies this to the 5-year data. o If the 1-year data are not statistically different than the 5-year data, HUD applies a recent-mover adjustment factor of 1 to the 5-year data. 4. Rents are calculated as of December 2010 using one half of the relevant (regional or local) 2008-2009 CPI change and all of the relevant (regional or local) 2009-2010 CPI change. 5. All estimates are then trended from December 2010 to April 2012 (15 months) with a trending factor of 3 percent per year. 6. FY2012 FMRs are then compared to a state minimum rent, and any area whose preliminary FMR falls below thisvalue is raised to the level of the state minimum. B.

g~8g~J ..

The results of the Fair Market Rent Step-by-Step Process
San Jose-Sunnyvale-Santa'Clara, CA HUD Metro FMR Area Results

1. The following are the 2009 American Community Survey 5-year 2-Bedroom Adjusted Standard Quality Rent estimate and margin of error for San JoseSunnyvale-Santa Clara, CA MSA. The following calculations are based on data for the entirety of the OMB-defined metropolitan area of San JoseSunnyvale-Santa Clara, CA MSA and not San Jose-Sunnyvale-Santa Clara, CA HUe Metro FMR Area because neither the 2000 Census 40th Percentile Base Rent nor the 2000 Census Median Family .Income differs from the official metropolitan area's 2000 Census 40th Percentile Base Rent or 2000 Census Median Family Income by at least 5 percent; however, such differences do exist for other HMFAs within San Jose-Sunnyvale-Santa Clara, CA MSA. For additional information on area definitions please see the Santa Clara County FY2011 FMR Documentation system. ACS20095-Year 2-Bedroom Adjusted Standard Quality Rent Margin of Error Ratio Result

ACS20095-Year Area 2-Bedroom Adjusted Standard Quality Rent

San Jose-Sunnyvale-Santa Clara, CA MSA

il..ID

Adjusted

Since the ACS2009 Margin of Error is less than 1, the ACS2009 San Jose-Sunnyvale-Santa Standard Quality Rent:

D

$91

0.008 < 1 Use ACS2009 5-Year .San Jose-Sunnyvale-Santa Clara, CA MSA 2-Bedroom Adjusted Standard Quality Rent Clara, CA MSA value is used for the estimate of 2-Bedroom

$1,331 0.008

=

http.z/www.huduser .org/portal/datasets/finr/fmrslFY20

12_ code/20 12summary .odn

2/23/2012

FY2012 Fair Market Rent Documentation System -- Calculation for Santa Clara County,...

Page 2 of3

rea San Jose-Sunnyvale-Santa Clar

2. A recent-mover adjustment factor is applied to the smallest area of geography which contains San Jose-Sunnyvale-Santa Area and has at least 100 Adjusted Standard Quality Recent-Mover observations in the ACS2009 t-year estimate:

Clara, CA HUD Metro FMR

.

I Metropolitan

I

Geography Area

II

I

I

100 ACS20091-Year Adjusted Standard Quality Recent-Mover Observations? Yes

I

The smallest area of geography which contains San Jose-Sunnyvale-Santa Clara, CA HUD Metro FMR Area and has at least 100 Adjusted Standard Quality Recent-Mover observations in the ACS2009 t-year estimate is San Jose-Sunnyvale-Santa Clara, CA MSA. 3. The calculation of the relevant Recent-Mover Adjustment Factor for San Jose-Sunnyvale-Santa Clara, CA HUD Metro FMR Area is as follows: ACS20091-Year 2-Bedroom Adjusted Standard Quality Recent-Mover Rent Margin of Error

ACS20095-Year Area

ACS20095-Year ACS20091-Year 2-Bedroom Adjusted 2-Bedroom Adjusted 2-Bedroom Adjusted Standard Quality Rent Standard Quality Standard Quality Rent Margin of Error Recent-Mover Rent ACS2009 5-Year Clara, CA

San Jose-Sunnyvale-Santa

Area

Z Score
Z= $1,537 - $1,331

Result

122 ($54

+ $10 )

$206 Z= -' .... ·($-2-,9""'1::.::6 ""+-$-1 0-0-) 3.751 >= 1.645 San Jose-Sunnyvale-Santa Clara, CA MSA $206 Z= --;/'""$3=,0=1-6ACS2009 1-Year Significant $1,537/$1,331 1.1548

z __
Z

$72",,06=-$55

= 3.751
Clara, CA HUD Metro FMR Area is as follows:

4. The calculation of the relevant 2009-to-2012 Update Factors for San Jose-Sunnyvale-Santa

HUD updates the 2009 intermediate rent (as of June 2009) with the appropriate CPI change (local or regional) to establish rents as of December 201 O. HUD then applies additional trending or results of Random Digit Dialing (RDD) surveys to update rents to April, 2012, the mid-point of FY 2012.

---_

..

_--_

_---_ ..

__

_ ..

_-_ __

_ ..

_-_ _-- _ - ---_
CPI : Adjustment

_

_ _ _-_
.. ..

_---_ _ __

_

_._-_- - - -- - ..

..

..

..

5. The FY2012 2-Bedroom Fair Market Rent for San Jose-Sunnyvale-Santa

Clara, CA HUD Metro FMR Area is calculated as follows: Trending
3.0% for 1.25 years

Area

II
Clara, CA HUD

San Jose-Sunnyvale-Santa Metro FMR Area

.>
Preliminary FY2012 2-Bedroom FMR

ACS20095-Year Estimate

Recent-Mover Adjustment Factor 1.1548
-,

FY2012 2-Bedroom FMR $1,331 '1.15477' 1.01793 ' 1.03764 $1,623

1.017934

1.03764

=

6. In keeping with HUD policy, the preliminary FY2012 FMR is checked to ensure that is does not f~1Ibelow the state minimum for Califomia: Final FY2012 2-Bedroom FMR

Area

http://www.huduser.org/portal/datasets/fmr/fmrsIFY20

12_ code/20 12summary .odn

2/23/2012

,PY2012 Fair Market Rent Documentation System -- Calculation for Santa Clara County, ...

Page 3 of3

$1,623 >= $584 San Jose-Sunnyvale-Santa Metro FMR Area Clara, CA HUD Use San Jose-Sunnyvale-Santa Clara, CA HUD Metro FMRArea FMR $1,623

-,., ...

_----------------

..

------_._,-_.

_-_
Clara, CA HUD Metro FMR Area

Final FY2012 Rents for All Bedroom Sizes for San Jose-Sunnyvale-Santa

The following table shows the Final FY 2012 FMRs by bedroom sizes, The FMRs for units with different numbers of bedrooms are computed from the ratio of the 2005 Revised Final FMRs (based on 2000 Decennial Census Data) for the different unit sizes to the 2005 2-Bedroom Revised Final FMRs. These Rent Ratios are applied to the Final FY 2012 2-Bedroom FMR to determine the Final FY 2012 FMRs for the different size units. Click on the links in the table to see how the bedroom rents were derived.

The FMRs for unit sizes larger than four bedrooms are calculated by adding 15 percent to the four bedroom FMR, for each extra bedroom, For example, the FMR for a five bedroom unit is 1,15 times the four bedroom FMR, and the FMR for a six bedroom unit is 1,30 times the four bedroom FMR. FMRs for singleroom occupancy units are 0,75 times the zero bedroom (efficiency) FMR.

Data file last updated

Thu., Sep 22, 2011,

Other HUD Metro FMR Areas in the Same MSA
Select another Final FY2012 HUD Metro FMR Area that is a part of the San Jose-Sunnyvale-Santa Clara, CA MSA

: San Benito County,

CA HU[) Metro FMR Area FMR Area

Select Metropolitan

Press below to select a different
Select a new State

state

or Select a Final FY2012 Metropolitan FMR Area:

select

Metropolitan

FMR Area User Home

I HUD

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I HUD

I Data
Us,

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I Fair

Mar1<et Rents

I Section

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Proiect (MTSPllncome

limits

I HUD

LlHTC Database

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or questions?

Contact

http://www .huduser. org/portal! datasets/finr/finrsIFY20 12_code/20 12summary .odn

2/23/2012

San Jose Municipal Code - Relocation Ordinance 17.20.2000 Enforcement action. For purposes of this part, the term "enforceable action" means the issuance of a notice of summary abatement; notice of hearing on proposed abatement, administrative penalty, nuisance abatement cease and desist order or other administrative action, or the filing of a civil complaint or criminal citation or complaint. (Ords. 24447,25711.) 17.20.2010 Notice of violation. For purposes of this part, the term "notice of violation," in addition to a notice so labeled, means a notice, including but not limited to, a compliance order issued by the city stating that a unit, due to its substandard condition, is in violation of the housing codes or fire codes or stating that a unit shall be vacated because its existence, use or occupancy is unlawful under state law or Title 20 or Title 24 of this Code. (Ords. 24447,25711.) 17.20.2020 Tenant. For purposes of this part, the term "tenant" in the singular or in the plural refers to a person or persons who rent or are otherwise in lawful tenancy of a unit under the terms of tenancy or with the knowledge or consent of the owner or the owner's agent. (Ord.24447.) 17.20.2030 Owner. For purposes of this part, the term "owner" means any person who holds legal title, in whole or in part, to a unit subject to this part. (Ord.24447.) 17.20.2040 Unit. For purposes of this part, the term "unit" means any dwelling or room which is the permanent or customary and usual residence from which a tenant is displaced. (Ord.24447.) 17.20.2050 Displacement. A tenant is displaced for the purposes of this part if a unit must be vacated as provided in subsection A. or B.: A. Following an enforcement action and either: 1. The owner or owner's agent requests the vacation because the unit is being rehabilitated to bring it into compliance with the provisions of this Code following the receipt by owner or owner's agent of a notice of violation; or 2. The unit is being rehabilitated to bring it into compliance with the provisions of this Code cited in a notice of violation because substandard conditions interfere with the habitability of the unit and the city determines that the substandard condition affects the health and safety of the tenant; or

B. Because the unit or the building which contains the unit has been ordered vacated either by the city or a court order due to the substandard condition of the unit or unlawful existence, use or occupancy of the unit under state law or Title 20 or Title 24 of this Code. (Ords. 24447, 25711.) 17.20.2060 Owner relocation obligations. A. When tenants are displaced, the owner of the unit shall provide relocation assistanceto.the.. tenants as specified in this part. B. Any payments required under this part shall be made by the owner directly to the tenants. (Ord.24447.)

. --- . ._'; ,'-'_

17.20.2070 Exemptions. A. An owner shall not be required to provide relocation assistance under this part if any of the following conditions are demonstrated: 1. A tenant or a guest or invitee of the tenants: a Caused or substantially contributed to the substandard conditions cited in the notice of violation; or b. Constructed, used or occupied a unit whose existence, use or occupancy is unlawful, as cited in a notice of violation, without the actual or implied consent or knowledge of the owner or agent of the owner; or 2. The tenants are displaced as a direct result of a natural disaster, as such term is defined in Government Code Section 8680.3; and a The city determines that the actions or omissions of the owner or owner's agent did not contribute to the disaster's impact on the unit; and b. The tenants were not already entitled to relocation assistance under the provisions of this part at the time of the disaster; or 3. The tenants are displaced as a result of a lawful eviction. B. The owner shall have the burden of proving that any exemption in this section is applicable. (Ords. 24447,25711.) 17.20.2080 Notice to tenants. A. A written summary of an owner's obligation and a tenant's rights under this part shall be attached to or included in any order to immediately vacate any unit or with any notice of violation and may be included with an enforcement action issued by the city. B. The owner shall deliver the summary of an owner's obligation and a tenant's rights under this part to tenants of all units subject to the enforcement action by personal delivery, or registered or certified mail within twenty-four hours of the receipt by owner or owner's agent of: 1. The enforcement action; or 2. The city or court order to vacate a unit. C. In addition to the notices provided for in paragraphs A. and B. of this section, the city may post a copy of the summary of tenants' rights in a visible location on the building, property or unit subject to the notice of violation or city order to immediately vacate. D. Any notice required by this part to be delivered to tenants shall contain the following notice translated in Spanish, Vietnamese, Cambodian, Chinese, Korean, and Laotian in type of at least ten-point:

"This Notice is Important. You May be Entitled to Relocation Assistance. Please Have it Translated. For more information, please call the City of San Jose, (Address and Phone Number)." (Ord.24447.) 17.20.2090 Emergency relocation assistance . ..-- ..... K-··'Wb.e-rearI-oWnetisrequired·bya-dty·ot-a-eourt-nrder·to-have unit vacated. immediately, orwhere vacation is required to enable compliance with a notice of violation from the city with less than ten days notice because of imminent potential harm to the health and safety of tenants, the owner shall provide to the tenants the relocation assistance required by this section until such time as the tenants are able to reoccupy the unit or until the benefits set forth in Section 17.20.2100 or Section 17.20.2110 are provided. B. The owner, at owner's expense, shall provide the following relocation assistance and benefits under this section: 1. Alternative safe and legal temporary housing for the tenants at no additional rent or cost to the tenants than previously paid by the tenants or the advance payment of the fair market rent as established by the most recent current U.S. Department of Housing and Urban Development schedule for fair market rents for a unit of comparable size in the same general area as the unit and other related costs for alternative safe and legal temporary housing for the tenants. 2. Any additional necessary employment and education transportation costs to the tenants arising as a result of the displacement. 3. If the alternative housing required in this section does not contain furnishings, furnishings appropriate for the tenants in the alternative housing required in this section. 4. Reasonable security for all of the tenants' furnishings and other personal property remaining in the unit until the tenants reoccupy the unit. C. To the extent feasible, the owner shall provide any alternative housing required under this section in a location in the vicinity of the unit. D. The relocation assistance required under this section shall be provided by the owner by the time of the displacement of the tenants. (Ord.24447.) 17.20.2100 Temporary relocation assistance. A. If tenants are displaced on a nonemergency basis, either because the existence, use or occupancy of a unit is unlawful or because of repair or rehabilitation of a unit, and the tenants are expected to be able to reoccupy the unit within sixty days from the date of displacement, the owner shall provide to the tenants the relocation assistance required by this section until such time as the tenants are able to reoccupy the unit or until the benefits set forth in Section 17.20.2110 are provided. B. The owner, at the owner's expense, shall provide the following relocation assistance and benefits under this section: 1. Alternative safe and legal temporary housing for the tenants at no additional rent or cost than previously paid by the tenants or payment to the tenants of the difference between the rent paid on the unit and the fair market rent for alternative safe and legal temporary housing as established by the most current HUD schedule for fair market rents for a unit of comparable size in the same general area as the unit for the tenant for the first thirty days of displacement and

-.

related costs and the full rent costs thereafter until such time as the owner's obligation terminates under Section 17.20.2110. 2. Any additional necessary employment and education transportation costs to the tenants arising as a result of the displacement. 3. Furnishings appropriate for the tenants in the alternative housing required in this section. 4. Reasonable security for all of the tenants' furnishings and other personal property remaining .' ...~-"""~-~---~" '-iITtlie"linittiritil the tenantsreoccupythe-unit.c:--.,- _- -. '_'-- ... -.'_. " :" ~.-'.. .. ;-:.._.-. - - ,..-::-.'--_:.. ---.... ~ ~~-_.- ..~.-C. To the extent feasible, the owner shall provide any alternative housing required under this section in a location in the vicinity of the unit. D. The owner shall provide advance written notice of the short-term displacement to the tenants by personal service or by certified mail not less than ten business days prior to any nonemergency short-term displacement. Displacement shall not occur during any period for which rent was due and paid. E. The relocation assistance required under this section shall be provided by the owner prior to the displacement of the tenants. (Ords. 24447, 25711.) 17.20.2110 Long-term or permanent relocation assistance. A. If the owner anticipates that displacement shall continue or if displacement actually continues for more than sixty days, the owner shall provide to the tenants the relocation assistance required in this section. B. The owner, at the owner's expense, shall provide the following relocation assistance and benefits under this section: 1. Alternative safe and legal housing for the tenants at no additional rent or cost than previously paid by the tenants for a period of three months from the date of displacement or payment to the tenants of replacement housing costs which shall be the greater of: a. An amount equal to three months' fair market rent for an alternative housing unit, as established by the most current HUD schedule for fair market rents for a unit of comparable size in the same general area as the unit; or b. An amount equal to three months of the rental amount for the unit. 2. If the tenant elects not to reoccupy the unit or if the unit cannot lawfully be reoccupied, return to the tenants any security deposit or cleaning fee not permitted to be retained by the owner under applicable law within the period specified under applicable law. 3. Moving expenses of the tenants for any displacement under this section as set forth in a schedule established from time to time by resolution of the city council. 4. Any additional necessary employment and education transportation costs to the tenants arising as a result of the displacement for a maximum of three months from the date of displacement. 5. Reasonable security for all of the tenants' furnishings and other personal property remaining in the unit for a maximum of three months from the date of displacement. C. To the extent feasible, the owner shall provide any alternative housing required under this section in a location in the vicinity of the unit. D. The relocation assistance required under this section shall be provided by the owner at least thirty days prior to the displacement of the tenants. E. The relocation assistance required by Sections 17.20.2090, 17.20.2100 and 17.20.2110 shall be cumulative.

(Ords. 24447, 25711.) 17.20.2120 Additional relocation obligations. A. A displaced tenant and the owner may agree to alternatives to the relocation assistance required under this part only by a separate written agreement signed by the tenant and the owner which contains an acknowledgment by the tenant that the tenant has received a notice of the rightsunderthispart and that the'tenant "understands- those"rights. .B. The relocation assistance required by the owner under this part shall be a separate requirement and obligation provided to tenants in addition to any other assistance, refunds or payments available under any other provisions of this Code or other applicable law. C. The relocation assistance required of the owner under this part shall not affect any rights of the owner under any other provisions of this Code or other applicable law. (Ord. 24447.) 17.20.2130 Right to reoccupy. A. To the extent that a unit can legally accommodate the displaced tenants, the tenants shall have the right to reoccupy the unit from which the tenants were displaced when the substandard or otherwise unlawful conditions of the unit are corrected. B. On or before the time the tenant vacates the unit, the owner shall provide written notice by personal delivery, or registered or certified mail, advising the tenant of the right to reoccupy the unit once the substandard or otherwise unlawful condition is corrected. The notice shall include a statement regarding the tenant's obligation to provide the owner with the information requested in Section 17.20.2130.C. and the consequences of the failure to do so. C. Unless the owner has provided the alternative temporary housing, within seven days after vacating the unit the tenants shall provide the owner with their current address to be used for future notification by the owner. Failure to provide such information in writing to the owner shall terminate their right to reoccupy the unit. D. As soon as possible after the unit is available for the tenants to reoccupy the unit, the owner shall provide written notice to the tenants by personal delivery, or registered or certified mail, advising the tenants of the availability of the unit. The owner shall make the unit available to the tenant for a period of thirty days following the date the tenants receive notice of the availability of the unit. The notice shall include the current address of the owner or owner's agent to which the tenants must send a written statement of their desire to exercise the right to reoccupy the unit. The notice shall include a statement regarding the tenant's obligation to provide the owner with the information requested in Section 17.20.2130.E. and the consequences of the failure to do so. E. Within seven days after receipt of the notice of the availability of the unit, the tenants shall notify the owner in writing that the tenants are exercising the right to reoccupy the unit. Failure to so notify the owner shall terminate their right to reoccupy the unit. (Ords. 24447, 25711.) 17.20.2140 Rent maintenance. A. If tenants exercise the right to reoccupy a unit as provided in Section 17.20.2130 of this part, the owner shall not increase the amount of rent paid by the tenants prior to the date of their displacement for a period of twelve months after the date the tenants reoccupy the unit. B. This section shall not apply to any unit: 1. That is subj ect to the provisions of Chapter 17.22 or Chapter 17.23 of this Code; or

2. For which rent is subsidized by any government agency. (Ord.24447.) 17.20.2150 Private right of action. A. Tenants who are displaced may bring an action against an owner for damages, injunctive or declaratory relief or any other appropriate action, in a court of competent jurisdiction to enforce > the provisionsof'this part.:" ,-~ ,'--~-,--" ---- "- - >"'>-=-~ --»,->,>--~ >. »>.», B. Tenants who prevail in such an action shall be entitled to recover from the owner damages, including the relocation assistance provided for under this part; costs, including reasonable attorney fees; and such other relief as determined by the court. In addition to all other damages or other relief, the court may award the tenants a civil penalty of up to one thousand dollars for each violation of this part. e. The remedies provided by this part are in addition to any other legal or equitable remedies and are not intended to be exclusive. (Ord.24447.)

..

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,JRG:EJM

~6/15/98

RESOLUTION

NO

68237

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE APPROVING A MOVING.EXPENSE SCHEDULE FOR TENANTS DISPLACED UNDER MUNICIPAL CODE SECTION 17.20.2110

WHEREAS, in 1993 the Council adopted Ordinance No. 24447 adding Part 11 to Section 17;20 of the Municipal Code 10 provide relocation assistance to tenants displaced as a result of substandard housing violations by owners of private property; WHEREAS, Section 17.20.2110 B (3) of the Municipal Code states that moving expenses of the tenants for any displacement under that section will be set forth in a schedule established from time to time by resolution of the Council; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Jose that:

SECTION 1. This Council does hereby fix and establish the following moving expense schedule for tenants displaced under seetlon 17.20.2110, Part 11, Section 17.20 of the Municipal Code, and such rate to remain in effect until further revised by this Council: A. options: The displaced tenant shall choose one of the following two moving expense

1,

The Actual Reasonable Moving Expense as set forth in Title 6. Section' 6090 of the California Code of Regulation; or

25, Chapter

2.

A lump sum moving expense paid prior to moving based on the number of rooms in the unit from which the tenant is displaced, excluding closets, hallways and bathrooms: a. If the displaced tenant does not own furniture, $325.00 for the first room and $50.00 for each additional room; If the displaced tenant owns furniture, the following rate applies:

b.

::'1'
'.-'

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"

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"

S8#69178 1

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NUMBER OF ROOMS
Each

1
$500

2
$650

3 $800 23rd

4 $950

567 $1,150

8
$1,350 $1,550 $1,750

Add'IRoom $175

ADOPTED this AYES: NOES:

day of _---=J=UIl=e:;:__ __

,

1998, by the following vote:

DANDO, DIAZ, DIQUISTO, FERNANDES, FISCALINI, JOHNSON, POWERS, SHIRAKAWA, WOODY; HAMMER NONE

ABSENT:

PANDOR!

SUSAN HAMMER, Mayor ATIEST:
,
'I

!

"

.'1

~kh.i(iA_,~
PATRICIA

L.

~ti,ti.L,
'HEARN, City Clerk

S8#69178 2