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Tenant Relocation Assistance

The City of San Rafael requires owners of residential properties to provide certain assistance to low-income tenants who are displaced from their residences due to a development project or property improvement. 

Additionally, the City of San Rafael requires owners of residential properties in the Canal Opportunity Zone, shown in the map below, to provide certain assistance to tenants who are displaced from their residences due to “no fault” terminations of their tenancies.

Map of Opportunity Zone
Map of Canal Opportunity Zone - U.S. Census Tracts 1122.03 and 1122.04

 

Summary points on the two policies are provided below. 

Table comparing relocation assistance policies

For more information:

San Rafael Municipal Code Chapter 10.111 

Resolution No. 15283 (Opportunity Zone Relocation Assistance Payment Amounts)

San Rafael Municipal Code Section 14.16.279 

*As defined by the most current Marin County median family income schedule published by the Marin County Housing Authority, specifying the range of household size and the maximum, annual household income for each household size to qualify as low-income. See the Marin County HUD Median Family Income Schedule for FY 2023. 

 

Click the dropdowns below for more information on each policy.

Tenant households occupying a dwelling unit located within U.S. Census Tracts 1122.03 and 1122.04, shown in the shaded areas of the map below, may be eligible for relocation assistance if they have continually occupied a dwelling unit for a period of 30 days or more. 

Map of Opportunity Zone
Map of Canal Opportunity Zone – U.S. Census Tracts 1122.03 and 1122.04

Building permit applications for residential properties in Census Tracts 1122.03 and 1122.04 are required to include a signed Declaration Form. 

Temporary Relocation for Substantial Rehabilitation 

In cases of Substantial Rehabilitation for Health and Safety in the Canal Opportunity Zone (see above map), property owners are required to offer tenants the right to return to their unit after rehabilitation is completed.  

If the tenant wants to return to the unit after rehabilitation is completed, the tenant must continue to pay rent while the unit is being repaired to maintain the existing lease. 

While the unit is being rehabilitated, the property owner must either: 

  1. a) Pay the tenant a daily amount to cover the cost of temporary lodging;
  • For rehabilitation work that takes 29 days or less, the per day payment will be $250 paid by the property owner to the tenant household.  
  • For rehabilitation work that takes 30 days or more, the tenant household shall receive $250 per day for the first 29 days and beginning on the 30th day of displacement, the payment amount will become a pro-rated daily amount of Fair Market Rent (FMR) based on the rental unit size.  

 

Unit Size  Studio   1 Bedroom   2 Bedroom   3 Bedroom   4 Bedroom  
2024 Fair Market Rent  $2,292   $2,818   $3,359   $4,112   $4,473  
1/30 of 2024 FMR 

$76.40   

per day  

$93.93   

per day  

$111.97 per day   $137.07 per day   $149.10 per day  

 

OR 

  1. b) Provide a comparable unit on the property or another property in San Rafael.

If the rehabilitation work will span 30 days or longer, a tenant household can decline the offer of per day payments or temporary relocation to a comparable unit, and instead choose to permanently vacate the unit.  In this case, the property owner may proceed with a no-fault termination, and the tenant household will be eligible for a permanent relocation assistance payment as described below. 

Permanent Relocation 

If a tenant is evicted because the owner is removing the unit from the rental market or moving into the unit, the permanent relocation assistance payment amount the property owner is legally required to pay the tenant includes:   

First and Last Month’s Rent. This is based on federal calculation of “fair market rent”* or if the tenant’s rent is higher, it is based on tenant’s actual rent amount.   

  1. Security Deposit. Payment is one month of your monthly rent.  
  2. Moving Expenses. Payment is based on number of bedrooms: 
  Studio  1-Bedroom  2-Bedroom  3-Bedroom  4-Bedroom 
Moving Expenses  $500  $500  $750  $1,000  $1,500 

3. Daily Stipend. A daily stipend of $150 for each day remaining in the calendar month that the tenant has to vacate. This is to pay for meals, hotels, etc.   

4. Extra Payment. Extra payment equal to one month of fair market rent*, if any of the following apply:   

  • Households with at least one minor child(ren), 18 years or younger 
  • Households with at least one elderly individual, 62 years or older  
  • Households with at least one disabled individual  

2024 FAIR MARKET RENT 

Studio  1-Bedroom  2-Bedroom  3-Bedroom  4-Bedroom 
$2,292  $2,818  $3,359  $4,112  $4,473 

Fair Market Rent for the San Francisco, CA HUD Metro FMR Area is published annually by the U.S. Department of Housing and Urban Development: https://www.huduser.gov/portal/datasets/fmr.html  

For more information: 

The City of San Rafael requires property owners to provide assistance to low-income tenants who are forced to permanently move or relocate due to planned property development, property improvements and/or residential unit renovation. To be eligible, a tenant’s household income must meet the low-income criteria outlined in the income schedule published by the Marin Housing Authority*.  

The property owner must give the affected tenant a written notice at least sixty (60) days before they need to vacate the unit. The notice must include: 

  • The following statement: “The City of San Rafael requires property owners to provide certain assistance to low-income tenants of record who are forced to permanently move or relocate because of planned property development, property improvements and/or residential unit renovation. You are eligible to receive this assistance if you can demonstrate that your household qualifies as low-income, as defined in the attached income schedule published by the Marin County Housing Authority. To qualify for relocation assistance you must complete, sign and return the attached income verification form confirming that you meet the income limits for a low-income household. You must return this income verification form to the property owner no later than two weeks following the date you receive this notice.” 
  • The most current Marin County median family income schedule published by the Marin Housing Authority, specifying the range of household size and the maximum annual household income for each household size to qualify as low-income. 
  • An income certification form or affidavit to be completed and submitted by the tenant of record. To verify annual household income, the property owner may request that the tenant of record submit additional supporting documentation such as a copy of the latest, filed, income tax return. 

 

The tenant should complete, sign, and return the income verification form to the property owner no later than two weeks following the date they received the notice.  

 At least 30 days before the tenant must vacate the unit, the owner must provide to the tenant: 

  1. Referral to the Marin Housing Authority for finding low-income rental housing. 
  2. Payment equal to two (2) times the current monthly rent of the unit being vacated. The payment is made per vacated residential unit, with prorated payments for multiple qualifying tenants. For example, two roommates who are both on the lease would split the relocation payment of two months’ rent. 

The property owner is required to submit to the community development department a copy of the notice of relocation assistance and a list of tenants receiving relocation payment. 

For more information, see San Rafael Municipal Code Section 14.16.279  

 

For additional details on the requirements pertaining to these policies, please refer to the San Rafael Municipal Code. For questions, contact housing@cityofsanrafael.org. 


 

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