Exhibit 2. Comparison of TRAO Amendments and Current TRAO Amended TRAO
Section
Existing TRAO
Section
Summary of Revisions
Division 1. General Chapter 36 relocated to Chapter 46 Article II. § 46.2-1.10
Statement of
Purpose
§ 36.38
Statement of
Purpose
• Revised to clarify that relocation benefits
apply for both temporary and permanent
displacement.
§ 46.2-1.15
Definitions
§ 36.38.15
Definitions
• Definitions added for Affordable Rent,
Comparable, Permanent Relocation,
Substantial Rehabilitation, and Temporary
Relocation.
• Definition of Relocation Assistance deleted,
and concepts moved to § 46.2-1.20
(Permanent Relocation) and § 46.2-1.25
(Temporary Relocation).
• Definition of Displace or Displacement
truncated and the provisions within that
definition defining who is entitled to
relocation assistance have been moved to
Sections § 46.2-1.20 and § 46.2-1.25.
• Definition of Special Circumstances
Households now includes low-income
households.
• Definition of Rental Unit revised to eliminate
exceptions for single-family homes. Single-
family homes built before December 2016 are
partially covered under the CSFRA with
eviction protections. The CSFRA requires
relocation assistance for all no-fault evictions.
The changes to the definition of Rental Unit
make it consistent with the CSFRA.
§ 46.2-1.20 and
§ 46.2-1.25
§ 36.38.20 • Existing TRAO does not differentiate between temporary versus permanent displacement.
• Now these Sections contain the eligibility for
relocation and relocation assistance required
to be provided for Permanent Relocation and
Temporary Relocation
§ 46.2-1.20
Permanent
Relocation
N/A • Now includes that tenants are eligible for
relocation assistance when displaced as a
result of a government order requiring the
vacation of the rental unit – under the existing
TRAO these tenants are not covered.
Attachment 2
• Tenants who are displaced as a result of fire,
flood, earthquake or natural disaster not
caused by the landlord are not eligible for
relocation assistance.
• Relocation Assistance now includes moving
costs per Council direction.
§ 46.2-1.25
Temporary
Relocation
N/A • Existing TRAO does not provide benefits for
temporary relocation as a result of substantial
rehabilitation of the rental unit. Entire Section
is new.
§ 46.2-1.30
First Right of
Return & First
Right of Refusal
§ 36.38.30
First Right of
Return
• § 36.38.30 currently addresses the right of
tenants to return to existing rental units that
were previously withdrawn from the rental
market pursuant to Government Code § 7060
(Ellis Act). Existing Language does not clearly
address the right of return required in the
CSFRA for other no-fault evictions and does
not completely conform with the Ellis Act.
• Addresses the right of return for all units from
which a tenant is displaced.
• Now also include the right of first refusal on
new replacement units as required by SB 330.
Division 2. Relocation Procedures
§ 46.2-2.5
Displacement
Related to
Development and
Building Permits
§ 36.38.25 • Adds requirement for landlord to provide a “unit Inventory” as a part of a development
application submittal.
• Compliance with right of first refusal
provisions is condition of approval.
• Adds requirement for landlord to provide
“Notice of Property Redevelopment” to
tenants no later than one year prior to
expected vacation (in compliance with SB
330).
§ 46.2-2.10
Relocation
Assistance for No-
Fault Terminations
(Including Owner
Move-Ins and
Government
Orders
§ 36.38.25.b • Per Council direction, now includes City action to red-tag a building due to unpermitted use
or code violation.
§§ 46.2-2.15 - 46.2-
2.25 Ellis Act
§§ 36.38.30,
36.38.35, and
36.38.40 • Updates the provisions in the current TRAO
regarding Ellis Act evictions in rent-stabilized
units to conform with Government Code §
7060 et seq.
Division 3. Miscellaneous
§ 46.2-3.5
Language
Accessibility
§ 36.38.25.c • Translations for those with limited English Proficiency.
§ 46.2-3.10
Alternative
Mitigation
§ 36.38.45 • Current TRAO includes provision of
comparable unit as an option under
alternative mitigation, which must be
requested. Amended TRAO includes
“comparable unit” as a standard option for
both temporary and permanent displacement
and does not require alternative mitigation
request.
§ 46.2-3.15
Administrative
Regulations
§ 36.38.50 • Minor clean-up to clarify language.
§ 46.2-3.20
Preservation of
City’s Authority to
Provide Relocation
Assistance
§ 36.38.55 • Same
§ 46.2-3.25
Effect of Non-
Compliance by
Landlord
§ 36.38.60 • Same