City of San Rafael, CA

04/12/2024 | Press release | Distributed by Public on 04/12/2024 16:57

Potential Update to San Rafael Law: Tenant Right to Return to Unit Following Repairs

Potential Update to San Rafael Law: Tenant Right to Return to Unit Following Repairs

Applicable in the Canal Opportunity Zone Only

Map of Canal Opportunity Zone where proposed policy would apply.

What is the current policy?

Currently, the law says that a landlord can evict a tenant to perform substantial repairs. If this happens, the landlord is required to pay the tenant a relocation assistance payment, but the tenant does not have a right to return to the unit when the repairs are completed.

What change in policy is being proposed?

On Monday, April 15th, the San Rafael City Council will consider a policy requiring landlords to offer tenants the right to return to their unit after repairs are completed. This law would only apply in the area known as the "Canal Opportunity Zone," shaded in green in the map above.

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

While the unit is being repaired, the landlord must either:

a) Pay the tenant a daily amount to cover the cost of temporary lodging; OR

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

If a tenant does not want to be temporarily relocated and return to the unit following repairs, they could choose to move out permanently. They would be eligible for a relocation assistance payment.

This policy would apply ONLY to homes within the area of the map shaded in green and would be in effect through December 31, 2026.

A full report on this proposed policy is available at the following link:

https://storage.googleapis.com/proudcity/sanrafaelca/2024/04/6.a-Anti-Displacement-Urgency-Ordinance-and-Temporary-Relocation-Assistance-for-the-Canal-Opportunity-Zone.pdf