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Seattle City Council Bills and Ordinances

Information retrieved on February 20, 2019 2:20 AM

Council Bill Number: 111989
Ordinance Number: 118839


Title
AN ORDINANCE relating to the Tenant Relocation Assistance Ordinance, amending Sections 22.210.060, 22.210.090, 22.210.100, 22.210.120, 22.210.130, 22.210.140, and 22.210.150 to clarify that property owner payment of a share of relocation assistance is required prior to issuance of a relocation license; to clarify the timing of the issuance of a 90 day notice; to provide the process for property owner appeals of eligibility decisions; to provide the process for refund of unused portions of the owner's share of relocation assistance; to correct references to amended provisions of the just cause eviction provisions of the Housing and Building Maintenance Ordinance (SMC 22.206.160C); to allow an owner to comply with an emergency order to vacate issued pursuant to 22.206.260, consistent with existing provisions of the just cause eviction provisions of the Housing and Building Maintenance Code; and repealing Sections 22.210.190 and 22.210.200 concerning transition rules.


Status: Passed
Date passed by Full Council: December 8, 1997
Vote: 7-0
Date filed with the City Clerk: December 16, 1997
Date of Mayor's signature: December 15, 1997
(About the signature date)

Date introduced/referred to committee: December 1, 1997
Committee: Business, Economic and Community Development
Sponsor: DRAGO
Committee Recommendation:
Date of Committee Recommendation:
Committee Vote:

Index Terms: TENANTS, LANDLORDS, RENTAL-HOUSING

References/Related Documents: Amending: Ord 117094, 117290

Scan of signed legislation: PDF scan of Ordinance No. 118839


Text

ORDINANCE ____________________

AN ORDINANCE relating to the Tenant Relocation Assistance Ordinance, amending Sections 22.210.060, 22.210.090, 22.210.100, 22.210.120, 22.210.130, 22.210.140, and 22.210.150 to clarify that property owner payment of a share of relocation assistance is required prior to issuance of a relocation license; to clarify the timing of the issuance of a 90-day notice; to provide the process for property owner appeals of eligibility decisions; to provide the process for refund of unused portions of the owner's share of relocation assistance; to correct references to amended provisions of the just cause eviction provisions of the Housing and Building Maintenance Ordinance (SMC 22.206.160C); to allow an owner to comply with an emergency order to vacate issued pursuant to 22.206.260, consistent with existing provisions of the just cause eviction provisions of the Housing and Building Maintenance Code; and repealing Sections 22.210.190 and 22.210.200 concerning transition rules.

Now, Therefore,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 22.210.060 of the Seattle Municipal Code (SMC), which Section was last amended by Ordinance 117094, is further amended as follows:

22.210.060 Issuance of tenant relocation license.

The Director shall issue a tenant relocation license when the owner has completed all of the following:

A. Submitted an application for a tenant relocation license as provided in Section 22.210.070;

B. Delivered relocation information packets to tenants and submitted proof of delivery as required by Section 22.210.080; and

C. Paid the owner's share of tenant relocation assistance as required by Section 22.210.110; and

C D. Complied with the ninety (90) day tenant notice provisions as required by Section 22.210.120.

Section 2. Subsection A of Section 22.210.090 of the SMC, which Section was last amended by Ordinance 117094, is further amended as follows:

22.210.090 Tenant income verification.

A. Within thirty (30) days after the date of delivery of the tenant relocation information packet, each tenant of a dwelling unit to be demolished, changed in use, substantially rehabilitated or from which use restrictions are to be removed, shall submit to the Director a signed and completed relocation assistance certification form certifying the names and addresses of all occupants of the dwelling unit, the total combined annual income of the occupants of the dwelling unit for the previous calendar year, and the total combined income of the occupants for the current calendar year:

1. Provided that, a tenant , who, with good cause, is unable to return the certification form within thirty (30) days may, within thirty (30) days after the date of delivery of the tenant relocation information packet, submit to the Director a written request for an extension of time, which details the facts supporting the claim of "good cause." If the request is submitted within the thirty (30) day period and the facts constitute good cause in accordance with the rules adopted pursuant to this chapter, the deadline for submission of the tenant certification form shall be extended thirty (30) days. When an extension has been granted, the Director shall notify the tenant and the owner of the extension. When an extension has been granted, the Director shall issue notices of tenant eligibility for relocation assistance to the owner and tenants, as provided in Section 22.210.100(C) within five (5) days instead of fifteen (15) days of receiving the signed relocation assistance certification forms from all tenants.

* * *

Section 3. Subsections C and D of Section 22.210.100 of the SMC, which Section was last amended by Ordinance 117094, are further amended as follows:

22.210.100 Tenant eligibility for relocation assistance.

* * *

C. Within fifteen (15) days of the Director's receipt of the signed relocation assistance certification forms from all tenants listed in the tenant relocation license application or within fifteen (15) days of the expiration of the tenants' thirty (30) day period for submitting signed relocation assistance certification forms to the Director, whichever occurs first, the Director shall send to each tenant household who submitted a signed certification form and to the owner, by both regular United Stated mail and certified mail, return receipt requested, a notice stating whether the tenant household's certification form indicates eligibility for relocation assistance. For those tenants who have been granted an extension pursuant to Section 22.210.090(A)(1), the Director shall issue a notice concerning tenant eligibility for relocation assistance to the owner and tenants within five (5) days instead of within fifteen (15) days of receiving the signed and completed relocation assistance certification forms.

D. Either the The tenant or the owner may file an appeal with the Hearing Examiner, pursuant to Section 22.210.150, of the Director's determination of the tenant's eligibility for relocation assistance.

Section 4. Section 22.210.120 of the SMC, which Section was last amended by Ordinance 117094, is further amended as follows:

22.210.120 Ninety-day tenant notice.

A. Requirement of Notice. At any time after the expiration of ten (10) days from the owner's receipt of the Director's notices of tenant eligibility for relocation assistance pursuant to Section 22.210.100 or 22.210.150, the The owner shall deliver to each tenant in each dwelling unit to be demolished, changed in use, substantially rehabilitated, or from which use restrictions are to be removed, a ninety (90) day notice of the owner's intention to demolish, substantially rehabilitate, change the use of or remove use restrictions from the dwelling unit. In addition, a copy of the notice shall be posted at every entrance to any building containing dwelling units to be demolished, changed in use, substantially rehabilitated, or from which use restrictions will be removed.

B. Timing of Notice. The owner may deliver the ninety (90) day notice any time after the expiration of ten (10) days after the owner's receipt of the Director's notices of tenant eligibility for relocation assistance pursuant to Section 22.210.100, so long as the owner has already paid the owner's share of relocation assistance pursuant to SMC 22.210.110(B)(1). Exceptions to this rule are:

1. If a Director's determination of eligibility is appealed to the Hearing Examiner pursuant to Section 22.210.150, the owner may not deliver the ninety (90) day notice to any tenant whose eligibility decision was appealed until the issuance of any final unappealed decision on such tenant's eligibility, unless the owner has paid the owner's share of relocation assistance to the Director pursuant to SMC 22.210.110(B)(2) for the tenant whose eligibility decision is being appealed, in which case the ninety (90) day notice may be delivered after the later of:

a) the date ten (10) days after receipt of the Director's original notice of eligibility or:

b) the date the owner's share of relocation assistance was paid to the Director for the tenant(s) pursuant to SMC 22.210.110(B)(2);

2. If the actual date of payment of the owner's share of relocation assistance pursuant to SMC 22.210.110(B)(1) is more than ten (10) days after receipt of the Director's notices of tenant eligibility, then the ninety (90) day notice may not be delivered until after payment of the owner's share of relocation assistance; and

3. If a tenant has been granted an extension pursuant to SMC 22.210.090(A)(1), the owner may deliver the ninety (90) day notice to a tenant either:

a) any time after expiration of ten (10) days after the owner's receipt of the Director's notice of eligibility for a tenant with an extension, so long as the owner has already paid the owner's share of relocation assistance pursuant to SMC 22.210.110(B)(1), or

b) the later of:

1) the same date the owner would have been able to deliver the ninety (90) day notice to that tenant or any tenant, had no such extension been granted, so long as the owner has paid the owner's share of relocation assistance for all tenants pursuant to SMC 22.210.110, or

2) the actual date that the owner pays the owner's share of relocation assistance pursuant to Section 22.210.110 for a tenant with an extension.

C. The ninety (90) day notice shall be on a form provided by the Director and shall describe the relocation benefits available to eligible tenants and explain the tenant's right to remain in possession unless evicted for cause as provided in Section 22.210.140 of this chapter.

CD. The ninety (90) day tenant notice shall be delivered to the each tenants personally or by registered or certified mail with return receipt requested. If personally delivered, an affidavit of service must be completed by the owner.

DE. Concurrently with issuance of the ninety (90) day tenant notice, the owner shall provide the Director with a copy of the notice, a list of current tenants in the affected units, and for each tenant who has moved into a unit since the date of application for the earlier of the tenant relocation license application, master use permit application, or building permit application necessary for the demolition, change of use, substantial rehabilitation or removal of use restrictions, proof of delivery of either the tenant relocation information packet or the written notice provided in Section 22.210.100(A)(2).

EF. Within twenty (20) days of delivery of the ninety (90) day notice to the tenants, the owner shall provide the Director with proof of delivery of the notice to a tenant of each dwelling unit to be demolished, changed in use, substantially rehabilitated or for which use restrictions will be removed.

FG. No tenant relocation license may be issued by the Director until the expiration of ninety (90) days from the date of delivery of the ninety (90) day notice to all affected tenants.

Section 5. A new subsection F to be added to Section 22.210.130 of the SMC, which Section was last amended by Ordinance 117290, to read as follows:

22.210.130 Relocation assistance payments.

* * *

F. Any money remaining in either the cash deposit or the letter of credit which the owner submitted to the Director as the owner's share of relocation assistance pursuant to Section 22.210.110 for tenants whose eligibility was appealed or for tenants who have not claimed the relocation payment, shall be refunded to the owner as follows:

1. If there was an appeal of a tenant's eligibility and the tenant was found to be not eligible, the owner's share of the relocation assistance for that tenant shall be returned to the owner within thirty (30) days of a final unappealed decision; or

2. If a tenant has not claimed his or her relocation assistance payment within one hundred eighty (180) days after vacating the dwelling unit, the owner's share of the relocation assistance for that tenant shall be refunded to the owner.

Section 6. Subsection A of Section 22.210.140 of the SMC, which Section was last amended by Ordinance 117094, is further amended as follows:

22.210.140 Eviction protection.

A. After the earlier of (1) the owner's application for a tenant relocation license, (2) the owner's application for a master use permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit, or (3) the owner's application for a building permit necessary for demolition, change of use, substantial rehabilitation, or removal of use restrictions from a dwelling unit, the owner shall not evict any tenant except for good cause as defined in Section 22.206.160C, subsections 1a, 1b, 1c, 1f, 1g, 1h, 1i, 1n, and 1k 1p, of the Seattle Municipal Code, and shall not, for the purpose of avoiding or diminishing the application of this chapter, reduce the services to any tenant, or materially increase or change the obligations (apart from the obligation to pay rent) of any tenant.

* * *

Section 7. Subsection A of Section 22.210.150 of the SMC, which Section was last amended by Ordinance 117094, is further amended as follows:

22.210.150 Administrative appeals.

A. Either an owner or a A tenant may request a hearing before the hHearing eExaminer to appeal a determination concerning of a tenant's eligibility for a relocation assistance payment. Either an An owner or a tenant may request a hearing before the h Hearing eExaminer to resolve a dispute concerning the authority to institute unlawful detainer actions during the ninety (90) day period after service of the notice required by Section 22.210.120 of this chapter.

* * *

Section 8. Sections 22.210.190 and 22.210.200, concerning transition rules, are hereby repealed.

Section 9. The several provisions of this ordinance are declared to be separate and severable and the invalidity of any clause, sentence, paragraph, subdivision, section, subsection, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstances, shall not affect the validity of the remainder of this ordinance of the validity of its application to other persons or circumstances.

Section 10. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by SMC Section 1.04.020.

Passed by the City Council the _____ day of __________________,1997 and

signed by me in open session in authentication of its passage this ____ day of

_________________,1997

____________________

President of City Council

Approved by me this ____day of ____________, 1997

_________________

Mayor

Filed by me this ____ day of _______________, 1997

________________

City Clerk

(Seal)

dla

11/20/97 V1

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