AgdaPkt 2025.10.13 Joint SA PFA - Laserfiche WebLink

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ATTACHMENT F – Right to Return Policy Considerations Feedback Received as Part of Outreach Process In July 2025, two focus groups were held, one with representatives from Legal Aid Society of San Mateo County (Legal Aid) and Community Legal Services in East Palo Alto (CLSEPA) (legal aid organizations) and one with representatives from the California Apartment Association (CAA) and the San Mateo County Association of Realtors (SAMCAR) (landlord organizations). Opinions were split on the rental rate options, with the legal aid organizations supporting the TPA increase option and landlord organizations supporting the option where the landlord sets the increase, or conversely an option where the right to return is not included as part of the Tenant Protection Ordinance amendments. Both focus groups agreed that the new lease terms option made the most sense or was necessary. For the noticing options, the legal aid organizations supported a 60-day minimum timeline for tenants to re-occupy the unit after notifying the landlord of their intent to return, and the landlord organizations supported the shortest possible timelines for all noticing options. Both focus groups recommended that tenants should have to demonstrate some sort of commitment to returning to the unit, such as signing a lease or paying a deposit. See Attachment D for more detailed summaries of the focus group feedback. Housing and Human Concerns Committee’s (HHCC) Recommendatio n The HHCC’s right to return recommendations are as follows: A landlord that undertakes a substantial remodel1 of a rental unit must offer the tenant the first right to return to the rental unit once the remodel work is completed2. The landlord must re-offer the rental unit at the rent that was in effect when the tenancy was terminated plus any increase(s) allowed by the TPA, had the tenant continuously occupied the rental unit and with a lease that contains the same terms as the lease that was in effect at the time the tenancy was terminated, except for any changes to terms required by federal, state, or local laws. Once the substantial remodel is completed the landlord must offer the unit back to the tenant within 10 calendar days. The tenant must then notify the landlord within 15 calendar days of their acceptance or rejection of the offer, and the tenant must either sign a lease and or provide a deposit payment to demonstrate their intent to return to 1 In alignment with the TPA, a substantial remodel is a remodel requires the tenant to vacate the unit for at least 30 days and must involve either: 1. The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit; or 2. The abatement of hazardous materials, including lead-based paint, mold, or asbestos Cosmetic improvement or other work that can be performed safely without having the unit vacated, do no qualify as a substantial remodel. 2 A unit that is substantially remodeled is considered “completed” and ready for re-occupancy when either: 1. A final building permit inspection has been conducted and approved by City building department staff; or 2. A letter from the licensed contractor that completed the substantial remodel work certifying that the work in complete and the unit is ready for re-occupancy is submitted to the City. 9.A. - Page 73 of 84 178