§ 25-1-714. TENANT RELOCATION PROGRAM.

(A)

The director shall adopt a tenant relocation program by administrative rule for the purpose of mitigating the impacts of tenant displacement resulting from multi-family redevelopment within the City of Austin.

(B)

The tenant relocation program must, at a minimum, include each of the elements described in this subsection.

(1)

Tenant Relocation Fee. The program must include a methodology to be used by the director in recommending to the city council the amount of the fee required under Section 25-1-715 ( Tenant Relocation Assistance—Developer Funded ). The methodology shall include a nexus study that accounts for the impacts of displacement to tenant communities directly affected by multifamily redevelopment and to the community as a whole. The fee shall be consistently calculated and uniformly applied, but may vary based on number of units, bedrooms, and other objective criteria identified by the nexus study.

(2)

Eligibility for Tenant Relocation Assistance. The program shall establish eligibility requirements that a tenant must meet in order to receive tenant relocation assistance under Section 25-1-715 ( Tenant Relocation Assistance—Developer Funded ) or Section 25-1-716 ( Tenant Relocation Assistance—City Funded ). At a minimum, the eligibility requirements must:

(a)

require that a tenant:

(i)

have a household income at or below 70% of median family income or, for residents of a mobile home park, 80% of median family income;

(ii)

reside at the property on the date that the initial notification required under Section 25-1-712(8) ( Tenant Notification Required ) is delivered; and

(iii)

submit a claim form documenting income eligibility no later than the deadline established by the director; and

(b)

prohibit participation by tenants of multi-family redevelopment that is exempt from this division under Section 25-1-711 ( Exemptions ), except that the director may allow use of funds under Section 25-1-716 ( Tenant Relocation Assistance—City Funded ) to provide relocation assistance for tenant displacement resulting from fire, civil commotion, malicious mischief, vandalism, natural disaster, or other destruction beyond the control of the owner or tenant.

(3)

Use of Tenant Relocation Assistance. The program must specify the types of expenses for which tenant relocation assistance may be provided. Eligible expenses paid using funds collected under Section 25-1-715 ( Tenant Relocation Assistance—Developer Funded ) must be reasonably attributable to tenant displacement based on the nexus study required under Paragraph (C)(1).

(4)

Refund Procedures. The program shall establish procedures by which an applicant who paid a tenant relocation fee under Section 25-1-715 ( Tenant Relocation Assistance—Developer Funded ) may request a refund of any fees not spent for an authorized purpose within ten years after approval of an application for which notification is required under Section 25-1-712 ( Tenant Notification Required ).

(C)

The director may include additional elements in the tenant relocation program, including but not limited to notification forms and other documents required under Section 25-1-712 ( Tenant Notification Required ) and Section 25-1-713 ( Additional Notice Requirements ).

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