§144.0505 Tenant Benefits, Rights and Obligations
The subdivider of a condominium conversion project shall provide all the following benefits to any person whose tenancy in the project the subdivider terminates due to the condominium conversion:
(a) Any tenant who lawfully resides in a condominium plan, cooperative, or stock apartment development pursuant to this Section shall be given a right of first refusal by the subdivider or subsequent owner of the development for the purchase of tenant’s rental dwelling unit upon the same terms and conditions that the dwelling unit will be initially offered to the general public or terms and conditions more favorable to the tenant. This right to purchase shall run for a period of 90 days from the date of the notice, unless the tenant gives written notice within the 90-day period of tenant’s intention not to exercise that right.
(b) This Section shall not apply to the following:
(1) A record owner of four dwelling units or less.
(2) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers by any foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, and any subsequent transfer by a mortgagor or beneficiary of a deed of trust who accepts a deed in lieu of foreclosure or purchases the property at a foreclosure sale.
(3) Transfers by a fiduciary during the administration of a decedent’s estate, guardianship, conservatorship, or trust. For purposes of this paragraph, a “fiduciary” means a state- or federally-chartered bank, trust company, savings association, savings bank, credit union, or industrial loan company.
(c) Relocation Assistance shall be provided in accordance with the Residential Tenant Protection Regulations in Chapter 9, Article 8, Division 7 or California Government Code Sections 7260 through 7277, whichever regulations provide greater relocation assistance.
(d) In the Barrio Logan Community Plan Area, any existing tenants in the development will be allowed to occupy their dwelling units until six months before the start of construction activities with proper notice, which shall occur at least 12 months prior to the anticipated date of termination of residency. The record owner shall deliver a notice of intent to terminate residency to the San Diego Housing Commission and to each resident household.
(Added 3-8-2004 by O-19266 N.S.)
(“Tenant Benefits, Rights and Obligations” renumbered from 144.0503 to 144.0505 on 2-9-2006 by O-19461 N.S.; effective 3-9-2006.)
(Amended 7-5-2006 by O-19505 N.S.; effective 8-5-2006.)
(Amended 1-27-2022 by O-21411 N.S.; effective 2-26-2022.)
(Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)