§ 16.3. TENANT NOTIFICATION AND SUBMITTAL REQUIREMENTS

(A)

Applicants for any of the permit types listed in Section 16.2(B) of these rules must provide notice to tenants in accordance with the requirements of this rule.

(B)

Applicants must use Tenant Notification Packets provided by the City of Austin and approved by the director. If the applicant wishes to use an alternative form, the applicant must receive approval from the Neighborhood Housing and Community Development Office prior to providing notice.

(C)

Applicants must provide Tenant Notification Packets to tenants in English, Spanish, or another language the tenant understands if the tenant understands neither English nor Spanish well. The applicant must work with the Neighborhood Housing and Community Development Office to obtain Tenant Notification Packets and other tenant notification documentation required by the Tenant Notification and Relocation Assistance Ordinance in the languages needed to ensure tenants can understand the notice, if they are not already available.

(D)

Prior to the approval of the application, applicants must submit a modified rent roll to the Neighborhood Housing and Community Development Office of tenant households that are being displaced by the project along with their proof of tenant notification as required by Section 16.3(E) of these rules. If the City's Tenant Relocation Rent Roll Form is not used, an alternative form can be used; however, it must be approved by the Neighborhood Housing & Community Development Office prior to submittal.

(1)

The rent roll form must include:

(a)

Predominant languages other than English spoken at the property;

(b)

Total number of units from which tenants will be displaced; and

(c)

For each unit, provide the following information:

(i)

Name of each member of the tenant household who is a signatory on a written lease or rental agreement for that unit (where there is no written agreement, the owner shall provide the name of the person occupying the unit as a tenant as defined in City Code § 25-1-701 ( Definitions ));

(ii)

The number of household members included on the lease or rental agreement; and

(iii)

The number of bedrooms in each unit (efficiency, 1-bedroom, 2-bedroom, etc.).

(2)

The rent roll information will be used as part of the verification that notices have been delivered and to help confirm eligibility of tenant households that apply for financial assistance by indicating that they were tenants of the property at the time that notice was delivered.

(E)

Tenant Notification Packets must be hand delivered to each affected tenant household or sent by both: 1) regular and 2) certified or registered mail, postage prepaid, with return receipt requested. If using the mail option, the notices must be mailed by both regular and certified (or registered) mail methods on the same day. The applicant must submit evidence of compliance with this section in the following manner:

(1)

Proof of delivery: Applicants must provide proof of notice delivery to the Neighborhood Housing and Community Development Office in the following manner:

(a)

For hand delivery - The applicant or applicant's representative must provide the Tenant Notification Packet to the lease holder or any resident of the household that is at least 16 years old. The applicant must obtain a signature from the resident at time of delivery.

(i)

If the tenant cannot be reached after two separate attempts, or if the tenant refuses to sign that the Tenant Notification Packet has been received, the applicant must mail the Tenant Notification Packet to the tenant via regular and certified or registered mail. To demonstrate that this has been done, the applicant must provide a copy of the certified or registered mail delivery receipt to the Neighborhood Housing and Community Development Office, in compliance with Section 16.3(E)(1)(b) of these rules.

(b)

For regular and certified or registered mail delivery - The applicant must provide copies of the delivery receipts to the Neighborhood Housing and Community Development Office. For units where the return receipt indicates that the Tenant Notification Packet was undeliverable, the applicant must attach the Tenant Notification Packet to the door of the unit and provide an affidavit to the Neighborhood Housing and Community Development Office describing the methods used to deliver the Tenant Notification Packet and the date the notice packet was affixed to the door.

(c)

The Tenant Notification Packet is considered delivered on the date the last eligible tenant signature is obtained, or the date the regular and certified (or registered) mail is delivered. The notice of intent period is considered to begin on the date the Tenant Notification Packet is delivered in compliance with the requirements of this section.

(2)

The applicant must submit to the Neighborhood Housing and Community Development Office one copy of a completed Tenant Notification Packet for each language delivered to tenants along with proof of delivery documentation.

(3)

Once the applicant has submitted the proof of delivery documentation and the Tenant Relocation Rent Roll Form, in compliance with the requirements of Section 16.3 of these rules and City Code § 25-1-712 ( Tenant Notification Required ), to the Neighborhood Housing and Community Development Office, the Neighborhood Housing and Community Development Office will issue the applicant a compliance letter confirming notice has been provided to all tenant households entitled to receive notification pursuant to the terms required under City Code § 25-1-712(B). Where notification is required, this compliance letter must be provided to the Development Services Department by the applicant before the application can be approved, or the rezoning application can be scheduled for third reading by the city council, as required by City Code § 25-2-283(F)(2).

(F)

Applications affecting multifamily buildings cannot be approved until at least 120 days have elapsed from the date the notice period begins, as defined in Section 16.3(E)(1)(c) of these rules. Applications affecting mobile home parks cannot be approved until at least 270 days have elapsed from the date the notice period begins, as defined in Section 16.3(E)(1)(c) of these rules. This requirement does not preclude City staff from processing applications before the notice period expires.

Source: Rule No. R161-17.13 , 5-22-17.