FAQ Temporary Relocation
When a tenant is forced to vacate a rental unit because the unit cannot be safely occupied, that tenant may be entitled to payments to help with the cost of temporary accommodations.
A landlord is only required to make Temporary Relocation Payments if a governmental agency, such as the City’s Code Enforcement Division , has issued an order to vacate (i.e. a “red tag”) or a Notice of Violation or similar edict that identifies conditions in the unit that have an adverse effect on the health and safety of an occupant.
The Rent Program does not make determinations about whether a unit may be safely occupied; however, if a governmental agency makes such a determination, Rent Program staff ensures that the tenant receives any relocation payments to which the tenant is entitled under the Rent Ordinance and related regulations.
See Regulation 20-07(PDF, 176KB) for complete details about the requirements and processes related to Temporary Relocation Payments.
Temporary Relocation Payments may also be required as part of an approved Capital Improvement Plan, if the landlord believes that improvements cannot be accomplished safely with the tenant remaining in the rental unit.
What should tenants do if they have concerns about the habitability of their rental unit?
The City of Alameda’s Code Enforcement Division (part of the Planning, Building and Transportation Department) is responsible for responding to complaints about violations that appear to be an immediate hazard to the health, safety, or welfare of the occupant(s) of a building. Tenants who have concerns about their health and safety due to conditions in their rental unit are encouraged to contact Code Enforcement for more information or to submit a code violation complaint.
When conditions in the unit do not present an immediate health and safety hazard or require the tenant to vacate the unit, the tenant may be able to petition for a downward rent adjustment due to a substantial deterioration of the rental unit. Rent Program staff can provide more information about this process.
Are there circumstances in which a landlord may not be required to make Temporary Relocation Payments to a tenant who has vacated a rental unit?
Temporary Relocation Payments are only required if a governmental agency has issued an order to vacate or a Notice of Violation or similar edict that identifies conditions in the unit that have an adverse effect on the health and safety of an occupant.
If a governmental agency issues such an order or notice but, in the agency’s discretion, also makes a determination that (i) the tenant or a guest of the tenant caused or contributed to the conditions, or (ii) the conditions are the result of an event beyond the control of the landlord, such as a natural disaster, then the landlord is not required to make payments.
What happens once a governmental agency determines that the rental unit cannot be safely occupied?
Rent Program staff will ask the tenant to complete a declaration that all members of the household have vacated the rental unit. The Rent Program cannot require the landlord to make Temporary Relocation Payments until the tenant submits this declaration.
The landlord is required to complete Form RP-207(PDF, 1MB), which includes a notice explaining Temporary Relocation Payments to the tenant. The landlord must serve this notice on the tenant as soon as possible but within no more than three calendar days of the tenant’s vacating the rental unit. Within three calendar days of service of the notice on the tenant, the landlord must file a copy and other documentation with the Rent Program. See RP-207(PDF, 1MB) for complete requirements.
Payments initially are based on a daily amount calculated based on such factors as the number of people in the tenant household. For current per diem amounts, refer to the Temporary Relocation Payment Schedule.
The landlord should begin to make payments immediately upon the tenant vacating the rental unit and must make such payments on at least a weekly basis.
The tenant continues to pay rent to the landlord while receiving these payments.
What if the tenant is still displaced after 60 days?
If the work necessary to comply with the governmental order or to correct the violation takes longer than 60 days, then the payment standard switches to a monthly rent differential. Under rent differential payments, the tenant no longer pays rent to the landlord, and the landlord pays the difference between the lawful rent the tenant was paying at the time they vacated and the Fair Market Rent for a unit with the same number of bedrooms as the tenant’s rental unit. For current Fair Market Rent amounts used to calculate the rent differential, refer to the Temporary Relocation Payment Schedule.
What if the tenant decides to find new housing rather than waiting to re-occupy the original rental unit?
A tenant who is owed Temporary Relocation Payments may elect, in the tenant’s sole discretion, to end the tenancy and find alternative permanent housing. A tenant who does so is also owed a Permanent Relocation Payment, similar to the payments owed when a landlord permanently terminates a tenancy based on no-fault grounds. Refer to the Permanent Relocation Payment Schedule for current amounts.
When does the requirement to make Temporary Relocation Payments stop?
The landlord’s obligation to make either per diem or rent differential payments continues until either the conditions have been corrected and the tenant re-occupies the rental unit or the tenant has found alternative, permanent housing and the landlord has paid the tenant the full amount of a Permanent Relocation Payment.
The requirement to make Temporary Relocation Payments also stops if the landlord and tenant are able to negotiate a buyout agreement, or if the landlord permanently terminates the tenancy based on one of the allowable grounds, such as permanent withdrawal the rental unit from the rental market.
Is there a minimum length of time that a tenant must be temporarily relocated before a temporary relocation payment is required?
No, a tenant is entitled immediately to Temporary Relocation Payments if the conditions described above are met.
Does a tenant need to provide proof that they are paying for temporary accommodations in order to receive Temporary Relocation Payments?
No, a tenant is entitled to the Temporary Relocation Payments as long as the conditions described above are met; however, Rent Program staff may request a copy of hotel receipts in order to verify the per diem amount to which the tenant is entitled.
If a tenant is staying somewhere with a kitchen, is the landlord still required to pay the meal per-diem?
No, the meal per diem is not required if the temporary accommodations include kitchen facilities.
Can a landlord provide temporary accommodations for the tenant rather than making Temporary Relocation Payments?
In lieu of making Temporary Relocation Payments, a landlord may offer the tenant a comparable rental unit in the City of Alameda. If the tenant does not agree that the unit is comparable, the tenant must so inform the landlord in writing. The landlord must pay the tenant’s reasonable and documented moving expenses.
If a landlord has directly paid for a tenant’s temporary accommodations (e.g. at a hotel or motel), the landlord may submit documentation of payment and deduct the amount from the Temporary Relocation Payments owed to the tenant.
Can Temporary Relocation Payments be appealed?
A landlord or tenant may file an appeal within 10 calendar days of the Rent Program informing the parties as to whether or not the tenant is owed Temporary Relocation Payments. Appeals will be heard and decided by an independent Hearing Officer.
Please note that an appeal may result in an order for the tenant to reimburse the landlord if the hearing officer determines that the landlord was not obligated to make payments.
A tenant or landlord may not appeal a governmental agency’s failure to take action, for example to not issue or not withdraw an order to vacate.