pages: CityCouncil/2016-02-16.pdf, 7
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CityCouncil | 2016-02-16 | 7 | The Community Development Director responded the tenant would be paid 50% of the relocation benefits and sign a form agreeing to leave on a certain date; the balance would be paid on the date the tenant moved out. Mayor Spencer inquired whether it would be enforceable as a stipulated judgement. The Community Development Director stated the form would encourage each party to seek their own legal counsel; the form would be strongly worded to indicate the tenant is obligated to leave the unit. Mayor Spencer inquired what avenue the landlord would have to enforce having the tenant leave on the date certain. The Assistant City Attorney responded the landlord would be able to utilize the form to file an unlawful detainer or small claim to recover money. Mayor Spencer inquired how long the unlawful detainer process would take. The Assistant City Attorney responded the process is quick; stated it would depend on the type of action. Mayor Spencer stated that she thought there could be a stipulated judgement if a problem arises; inquired whether legal counsel's opinion is that a stipulated judgement is not possible. The Assistant City Attorney responded the City would have to figure out how to frame it to make it enforceable as Mayor Spencer described. Councilmember Daysog inquired if someone has a stand-alone granny flat at their residence and they want to move in their family member, are they required to pay up to 4 months of relocation assistance. The Community Development Director responded in the affirmative; stated for an owner move in or government orders to vacate there is no option to extend time in lieu of money. Councilmember Ezzy Ashcraft inquired whether the types of leases the parties entered in to would trigger a relocation fee. The Community Development Director responded if a clause in the lease allows the lease to go to month-to-month it would trigger; if there is a fixed term lease, the tenant would not be entitled to relocation benefits. Mayor Spencer inquired whether an irrevocable notice of termination with a date certain would address having tenants comply with moving out in a more expeditious manner. Regular Meeting Alameda City Council 5 February 16, 2016 | CityCouncil/2016-02-16.pdf |