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7 <br /> <br /> <br />Recommendations: <br />Based on the research and the feedback received from the focus groups, the Ad Hoc Subcommittee <br />recommends that the HHCC recommend to the City Council adoption of a right to return policy that <br />contains the following provisions, outlined in Table 4 below: <br />Table 4 - Right to Return Recommendations <br />1) Rental Rates <br />a. Recommendation: Tenant Protection Act (TPA) Increase - Return with same rent as prior to the <br />substantial remodel plus any increase(s) allowed by the TPA, had the tenant continuously <br />occupied the unit. <br /> <br />b. Rationale: The TPA increase option seeks to strike a balance by allowing tenants to return at a <br />rental rate they would have paid had they continuously occupied the unit, while providing <br />landlords with some return on their investment. The intent of a right to return provision is to <br />mitigate the displacement of tenants by giving them the first right to return to the unit they <br />previously occupied. Not having a limit on the rental rate that can be set might make it <br />unaffordable for tenants to return to the unit, which is likely to diminish the intended <br />protectionary effect of the provision. <br /> <br />Additional Consideration: Should the City Council decide to proceed with the right to return <br />rental rate option where the landlord sets the rental rate (Option 1), it would be the Ad Hoc’s <br />recommendation to not include any right to return provision in the Tenant Protection Ordinance <br />(TPO) amendments. This option would defeat the purpose of mitigating displacement the <br />provision seeks to address, and instead create potentially unnecessary administrative burden for <br />landlords and staff. <br /> <br />2) Rental Terms <br />a. Recommendation: Return with a rental agreement allowing new terms <br /> <br />b. Rationale: Feedback from the focus groups conveyed that State laws already provide strict <br />guidance regarding the terms that can be included in rental agreements. Additionally, state <br />tenant protection laws are frequently changing, term requirements may be required to change, <br />and landlords need to have the flexibility to update lease terms to remain in compliance with <br />State law. <br /> <br />3) Noticing Requirements <br />a. Recommendation: Landlords must notify tenants within 10 calendar days of unit readiness <br /> <br />b. Rationale: The shortest proposed option was 10 calendar days and the longest proposed options <br />was 30 calendar days. Focus group feedback conveyed that landlords are incentivized to return <br />units to the market and recommended the shortest timeline option. <br /> <br />a. Recommendation: Tenants must declare intent to return within 15 calendar days <br /> <br />9.A. - Page 69 of 84 <br />174