§ 25-1-712. TENANT NOTIFICATION REQUIRED.

(A)

The requirements of this section apply to an application to:

(1)

demolish or partially demolish a multi-family building consisting of five or more occupied residential units, including a demolition permit or a building permit that authorizes demolition;

(2)

approve a site plan or change of use permit for an existing mobile home park; or

(3)

rezone a property within the Mobile Home Residence (MH) District designation that contains an existing mobile home park.

(B)

An applicant must provide tenant notification either prior to, or concurrent with, submittal of the application in accordance with the timelines established under this subsection.

(1)

To demonstrate that required notification was provided prior to submittal of an application, the applicant must include a certified statement, on a form approved by the director, confirming that all tenants entitled to notice under Subsection (C) received notification required under this section within the following timeframes:

(a)

for a multi-family building, at least 120 days prior to the date application for a building permit or a demolition permit was submitted; or

(b)

for a mobile home park, at least 270 days prior to the date the application for a rezone, site plan, or change of use permit was submitted.

(2)

If notification is provided at the time an application is submitted, the application may be approved no earlier than:

(a)

for a demolition or building permit, 120 days after all tenants of the multi-family building who are entitled to notice under Subsection (C) receive notification required under this section; or

(b)

for a rezone, site plan, or change of use permit, at least 270 days after all tenants of the mobile home park entitled to notice under Subsection (C) received notification required under this section.

(C)

The notification required by this section must be on a form approved by the director and must:

(1)

be delivered:

(a)

by the applicant or the applicant's representative, or by registered or certified mail, with return receipt requested;

(b)

to all units:

(i)

proposed for demolition in a multi-family building under a permit application for which notice is required under Subsection (A)(1) of this section; or

(ii)

located in a mobile home park included in a rezone, change of use, or site plan application for which notice is required under Subsection (A)(2)-(3) of this section; and

(2)

include the following information, in English, Spanish, and such other language as may be required by the director:

(a)

the applicant's name and contact information;

(b)

a description of the development application for which notification is required under Subsection (A) of this section;

(c)

a statement that the application may be approved on or after the 120th or 270th day, whichever applies, following receipt of the notice and may result in displacement of tenants;

(d)

a description of any tenant relocation assistance that may be available under Section 25-1-714 ( Tenant Relocation Program ), including income eligibility requirements and forms for requesting assistance;

(e)

information regarding applicable school district policies relating to district residency requirements;

(f)

information regarding the requirements of state law for return of security deposits;

(g)

information regarding the availability of fee waivers from Austin Energy for obtaining utility service at a new residence where relocation is required due to displacement;

(h)

other information as may be required by the director, including programs and services to assistant displaced tenants; and

(3)

be on a form provided by the director, which shall be uniform for all applicants except that the director may require an additional language as provided under Paragraph (2).

(D)

If an applicant requests an extension of a demolition permit for which notification under this section is required, the applicant must provide re-notification to tenants consistent with the requirements for a new application.

Source: 20160901-050 , Pt. 4, 9-12-16.