2007 California Government Code Article 2.5. New Rental Housing: Conversion

CA Codes (gov:66452.50-66452.51)

66452.50.  (a) Notwithstanding any other provision of this division,
a local agency may, upon application by a subdivider, in connection
with the approval of a tentative or final map for the proposed
construction of a condominium development, which requires the
obtaining of a tentative or final map under provisions of this
division or local ordinances enacted pursuant thereto, enter into a
binding agreement with the subdivider mandating that the units be
first made available for rental housing for a period of not less than
10 years from the date a certificate of occupancy has been issued
for the units within the development; provided that (1) at the
expiration of the 10-year period the units within the development may
be sold to individual purchasers, in accordance with the approved
final map authorizing the development without further proceedings
under the provisions of this division or local ordinances enacted
pursuant thereto, and (2), except as otherwise provided in
subdivision (b), during the period the units are required to be made
available for rental purposes, the units are insured or are to be
insured or co-insured pursuant to the provisions of Chapter 4
(commencing with Section 51850) of Part 4 of Division 31 of the
Health and Safety Code, and (3) each tenant of a unit within the
development shall be given 180 days' written notice prior to actual
conversion.  Such notice shall include an offer of an exclusive right
to contract for his or her respective unit upon the same terms and
conditions that such  unit will be initially offered to the general
public or on terms more favorable to the tenant.  The right shall run
for a period of not less than 90 days from the date written notice
of actual conversion was sent to the tenant.
   Any such agreement shall be in writing, particularly describe the
real property and set forth the name or names of the record title
owner of the real property affected thereby, and be executed by the
person authorized to act on behalf of the local agency and by the
subdivider.  From the date of execution of the agreement, it shall be
binding upon the local agency, the subdivider, and their successors.
  The fact that a condominium development is subject to such an
agreement  shall be set forth on the face of any tentative or final
map approved by the local agency and the agreement shall be recorded
in the office of the county recorder in the county in which the real
property is located on or before the date of recordation of the final
map.
   (b) Multifamily rental housing financed on or after  January 1,
1983, with the proceeds of sale of tax-exempt bonds sold pursuant to
any laws of this state shall not be subject to the requirements of
condition (2) prescribed in the first paragraph of subdivision (a),
but shall be subject to all the requirements of the law pursuant to
which the bonds are being issued, including, but not limited to, any
requirement in such law that the housing be maintained as rental
housing for a period in excess of 10 years.


66452.51.  Prior to the acceptance of any rent or deposit from a
prospective tenant, the following notice shall be provided:

To the prospective occupant(s) of ________:
                                  (address)

   The owner(s) of this building at (address), have received a
tentative map with (city, county, or city and county) to convert this
building to a (condominium, community apartment, or stock
cooperative), no sooner than (date).  You will be notified at least
180 days prior to the actual conversion.   Further, if you still
reside in your unit, you will be given an exclusive right to purchase
your unit.
           ___________________
           (signature of owner
            or owner's agent)
           ___________________
                 (dated)

I have received this notice on __________.
                                  (dated)
           ___________________
          (prospective tenant's
                signature)