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ATTACHMENT F – Right to Return Policy Considerations Disincentives for Owners time the tenancy was terminated, plus any increases that would have been allowed under TPA, and how that would impact a landlord’s return on investment for undertaking a substantial remodel. The key findings from the report show that this proposed policy does not appear to be a financial disincentive to landlords seeking to reinvest in their properties and that typical remodel projects remain financially viable and provide a fair return on investment, especially when combined with tax advantages and other financial benefits which were not modeled in the analysis. The report does note there may be some outlier properties for which rents are well below-median but have unusually high rehabilitation needs (e.g. older, historic buildings), in which the TPA allowable rent increase may not be sufficient to recoup investment. For those outlier cases, the report recommended a capital improvement petition or appeals process to handle these rare situations. The full report from EPS is included as Attachment F. Comparative Practice While several local jurisdictions do include the right to return in their tenant protection policies, the majority of those jurisdictions also have rent control/stabilization ordinances along with associated policies and mechanisms for enforcement. In staff’s research, Emeryville and Union City are the only jurisdictions that don’t have rent control but do include the right to return in their policies. Emeryville requires the right to return at the same rental rate and lease terms and Union City’s policy does not include specific requirements regarding the rental rate or lease terms that must be offered, just that the tenant must be offered the right to return to the unit. Table 1 below provides an overview of the jurisdiction research. Table 1 Jurisdiction Right to Return Rent Control / Stabilization? Antioch Yes Yes Berkeley Yes Yes Concord Yes Yes East Palo Alto Yes Yes Emeryville Yes No Hayward Yes Yes Mountain View Yes Yes Oakland Yes Yes Richmond Yes Yes San Francisco Yes Yes San Jose Yes Yes Union City Yes No 9.A. - Page 72 of 84 177