REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance Amending Chapter 19.71 of the Sunnyvale Municipal Code (SMC) Relating to the Residential Tenant Protections Program
Report
SUMMARY OF COMMISSION ACTION
The Planning Commission considered this item on April 13, 2026. The Housing and Human Services Commission considered this item on April 14, 2026.
The Planning Commission, by general consent, separated the motion into two parts for voting purposes. The Planning Commission considered a motion to recommend to Council Alternative 1: Introduce an Ordinance amending SMC Chapter 19.71 Residential Tenant Protections Program to increase relocation assistance required during no-fault, just cause evictions to three (3) months’ rent. The motion was 3-2, with Commissioner Figone abstaining and Chair Iglesias absent. Under SMC 19.96.060(d), at least four (4) affirmative votes are needed for an ordinance to receive a positive recommendation from the Planning Commission to the City Council; the failure to achieve four (4) votes means that the recommendation is deemed a recommendation of denial of the draft ordinance, even though a majority of the Commissioners present and voting recommended approval.
The Planning Commission then voted to recommend to Council approval of Alternative 3: Direct staff to study additional tenant protections for “Day 1” just cause evictions, further protections for vulnerable populations, and fair market rent relocation assistance. The Planning Commission vote was 6-0, with Chair Iglesias absent.
Final minutes of the Planning Commission meeting are in Attachment 8 to this report.
The Housing and Human Services Commission voted to recommend to City Council approval of Alternatives 2 and 3: 2) Do not introduce an Ordinance and provide direction to staff, with the direction being to consider an exemption for properties with fewer than seven (7) units, which would still be subject to the two (2) months of relocation assistance, and to define the 7-unit ownership exemption; and 3) Direct staff to study additional tenant protections for “Day 1” just cause evictions, further protections for vulnerable populations, and fair market rent for relocation assistance. The Housing and Human Services Commission vote was 4-0, with Vice Chair Riviere and Commissioner Davis absent.
Draft minutes of the Housing and Human Services Commission meeting are in Attachment 9.
Public comments are provided in Attachment 6 to this report.
PUBLIC CONTACT
The notice of the City Council, Housing and Human Services Commission, and Planning Commission public hearings, as well as the availability of the staff report and agenda, were made available in the following ways:
1. Notice published in the Sunnyvale Sun newspaper on March 13, 2026.
2. Notice posted on the City’s Housing webpage.
3. Email sent to subscribers to the City’s Affordable Housing interested parties list.
4. Email sent to residential rental property owners, property managers, real estate businesses, and other related businesses with a City of Sunnyvale business license.
5. Agenda posted on the City’s official-notice bulletin board at City Hall, at the Sunnyvale Public Library, and in the Department of Public Safety Lobby.
6. Agenda and report made available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Ave. (during normal business hours), and on the City’s website.
ALTERNATIVES
Relocation Assistance
1. Introduce an Ordinance amending SMC Chapter 19.71 Residential Tenant Protections Program to increase relocation assistance required during no-fault, just cause evictions to three (3) months.
2. Do not introduce an Ordinance and provide direction to staff.
Additional Tenant Protections
3. Direct staff to study additional tenant protections for “Day 1” just cause evictions, further protections for vulnerable populations, and fair market rent for relocation assistance.
4. Other direction as provided by City Council.
STAFF RECOMMENDATION
Recommendation
Alternatives 1 and 3:
1) Introduce an Ordinance amending Sunnyvale Municipal Code Chapter 19.71 Residential Tenant Protections Program to increase relocation assistance required during no-fault, just cause evictions to three (3) months; and
3) Direct staff to study additional tenant protections for “Day 1” just cause evictions, further protections for vulnerable populations, and fair market rent for relocation assistance.
JUSTIFICATION FOR RECOMMENDATION
Overall, the survey findings indicate that for landlords, the financial and operational impacts of increasing relocation assistance for no-fault, just cause evictions are generally limited to additional costs associated with substantial renovation projects and for moving family members into a unit. However, the potential consequences for displaced tenants are significantly greater and may be longer term. Evictions can lead to housing instability, job insecurity, and health risks. Relocation assistance mitigates these severe effects by covering costs such as security deposits, application costs, moving expenses, and temporary housing, which can cost $9,000 or more in many cases.
Increasing the relocation assistance amount from two (2) months' rent to three (3) months' rent would provide tenants with more adequate time and financial resources to secure comparable housing.
Alternative 1 fulfills the direction of the City Council by increasing the relocation assistance amount to three (3) months of rent for no-fault, just cause evictions. Based on community outreach, this action would strengthen the City’s existing tenant protections and increase housing stability for renters in Sunnyvale. Furthermore, the recommended relocation assistance amount is comparable to that of nearby jurisdictions.
Additionally, Alternative 3 directs staff to continue research and outreach to landlords and tenants. As referenced in the April 13, 2026 Report to Planning Commission (Attachment 1), this outreach will include surveys, mailers, and engagement events and will address prior Council direction from April 2023 (RTC No. 23-0515) to study additional assistance for vulnerable and elderly populations and “Day 1” just cause eviction protections, which were inadvertently excluded from the February 2025 Council meeting and recent outreach efforts.
The outreach will also explore a potential policy change that would align with the Metropolitan Transportation Commission (MTC) Transit Oriented Communities (TOC) policy. One of the MTC TOC policies is relocation assistance in the amount of three (3) months’ Fair Market Rent. If the City adopts a relocation assistance policy that is consistent with the TOC policy, this could prioritize the City for future One Bay Area Grant (OBAG) transit funding.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Samantha Luke, Housing Specialist I
Reviewed by: Ryan Dyson, Housing Specialist II
Reviewed by: Amanda Sztoltz, Housing Officer
Reviewed by: Trudi Ryan, Director of Community Development
Reviewed by: Dennis Jaw, Assistant Director of Finance
Reviewed by: Matt Paulin, Director of Finance
Reviewed by: Connie Verceles, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Report to Planning Commission [26-0159, April 13, 2026] (without attachments, same as Housing and Human Services Commission report)
2. Overview of State Law - AB 1482
3. Links to Prior Reports to Council
4. Draft Ordinance
5. Survey Results - Stakeholders/General Public
6. Correspondence Received from the Public (updated after Housing and Human Services Commission hearing)
7. Overview of Surrounding Jurisdictions’ Tenant Protections Programs
Additional Attachments for Report to Council
8. Excerpt of Final Minutes of the Planning Commission Meeting of April 13, 2026
9. Excerpt of Draft Minutes of the Housing and Human Services Commission Meeting of April 14, 2026