[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6514621,"mediaKeyId","5028291-c687b844b988db05359c71fa90e8b2d3","parentId",5028291,"title","Council approves wait‑list priority for tenants of expiring BMR units; landlord relocation assistance deferred for later study","audioSeconds",2014,"startMs",2427000,"endMs",4441000,"viewUrl","/Search/View?dp=1&key=5028291-c687b844b988db05359c71fa90e8b2d3&start=2427&end=4441","thumbnailUrl","https://assets.pipeline.soar.com/5028291-c687b844b988db05359c71fa90e8b2d3/thumbnail_2427000.jpg","articleUrl","/articles/6514621/Cupertino/Santa-Clara-County/California/Council-approves-waitlist-priority-for-tenants-of-expiring-BMR-units-landlord-relocation-assistance-deferred-for-later-study","mediaUrl","https://secure.pipeline.soar.com/6514621-aa01d0a68c55a9dedbf7df5cc5eb6f20/orig.mp4?Expires=1771213451&Signature=Xz6eGD1xy568unfK71HfTdyW7tYzQbGsIY8QRA2DEk0DefrEb3eR6mIwacmpUOXGoY54QgPlRQXwXJpTjl8FRktZ9gb-Gu7x6DXwvkN8EKu2QpCJ-L3ReGwZxuR9os8lrP3un7EAnNTuJBHsbB-AUPwn1jK9eOMW5GuWiJAZqZw57bVZHB44BUZx~tj36w1~DD6WyrV7pZ6f-rmsI5BA6VyrOLbQNdjoEvjsQqcmmlNUE0yt5SDdfNiF~C-ubM6mTzhgPU7mKlS6ZK8x9oGbqg3zdZ6KGjJE3-JLw34eZTmA1OeBnC0TwWagFWnBsIyBlqIrPd~ivqhhdsz8RvD6Bw__&Key-Pair-Id=KUT5TJCACFTXG","author","City of Cupertino","date","2025-06-18T20:31:07Z","article","The Cupertino City Council voted to amend the city’s Below‑Market‑Rate (BMR) administration procedures so tenants of BMR units that are expiring receive priority in the city’s centralized BMR wait list and receive formal notice of upcoming expirations. The council declined at this meeting to adopt the staff‑proposed relocation assistance (three months’ fair‑market‑rent, plus an extra month for special circumstances) payable by property owners; council directed staff to return with further legal analysis before acting on relocation assistance. The motion to adopt the wait‑list and notice provisions and defer relocation assistance passed 4–1, with Council member Wong voting no. The motion was made by Council member Mohan and seconded by Vice Mayor Moore.

Why the change: Staff told council there are expiring deed‑restricted units originally created under earlier inclusionary requirements; many pre‑1999 projects used shorter affordability terms and could return to market rents when their deed restrictions expire. Staff estimates 114 households in Cupertino will see BMR expirations by 2040, with an initial wave of approximately 39 units expiring in July 2026. Staff presented tenant demographics for the first three properties: most primary tenants are age 50 or older; about half have lived in their units four years or less; about 80% of units were described as in “good condition.”

Proposed policy and staff analysis: Senior housing coordinator Nikki Vu presented a dual‑component approach recommended by the Housing Commission: (1) give displaced BMR tenants three additional priority points on the city’s centralized BMR wait list and allow off‑cycle applications so they may reapply immediately; and (2) require relocation assistance paid by property owners equal to three months of HUD fair‑market rent (plus one additional month in special circumstances) and require landlords to provide notice of planned post‑expiration rental rates. Staff explained alternatives analyzed and why they were not recommended now: acquisition of entire buildings to preserve units was financially infeasible (staff cited a recent local acquisition costing approximately $66.7 million and estimated scaled preservation costs in the hundreds of millions), and rent stabilization for expiring BMR units is not permitted under state law as codified in AB 1482 (state Tenant Protection Act) which exempts expiring deed‑restricted units from local rent‑limit statutes.

Public comment and stakeholders: West Valley Community Services executive director Sujatha Venkatraman urged the council to prioritize protections for current residents, noting many are older adults or households with disabilities who are already rent‑burdened. Public commenters and commissioners offered alternatives including targeted development incentives to encourage owners to extend affordability, using BMR funds for long‑term land acquisition or community land trusts, and improving outreach to existing wait lists. Several residents described immediate hardship and asked for staff follow‑up.

Council action: The council approved the wait‑list priority, the definition of “displaced BMR renter,” and strengthened tenant notice provisions in the BMR administrative manual. Sections of the proposed resolution that would have created a mandatory relocation assistance payment by property owners (staff’s relocation assistance and enforcement sections) were removed from the adopted action and will return for future consideration after additional legal analysis. The motion to adopt the amended resolution carried 4–1 (Wong opposed). Staff said the first group of expirations is scheduled for July 2026 and emphasized the time sensitivity of outreach and notice requirements.

Next steps: Staff will amend the BMR administration manual to add the displaced‑tenant priority category, allow affected tenants to apply off‑cycle, and strengthen required tenant notifications. Council directed staff to return with legal analysis and options on landlord‑funded relocation assistance and other anti‑displacement incentives (including potential development incentives or targeted use of BMR funds) before making a decision on mandatory relocation payments.","mediaType","Video","parentTitle","Cupertino City Council Meeting - June 17, 2025 (Part 2)","oneSentenceSummary","The Cupertino City Council approved amendments to the city’s below‑market‑rate (BMR) administration procedures to give displaced BMR tenants priority on the city’s BMR wait list and require additional tenant notice, but postponed a proposed relocation‑assistance requirement for property owners pending further legal review. The motion passed 4–1.","taxTitle","Cupertino, Santa Clara County, California","taxId",3985,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6514627,"Cupertino council directs rewrite of Economic Development Committee rules, sets annual commissioner terms",2380,2000,2382000,"/Search/View?dp=1&key=5028291-c687b844b988db05359c71fa90e8b2d3&start=2&end=2382","https://assets.pipeline.soar.com/5028291-c687b844b988db05359c71fa90e8b2d3/thumbnail_2000.jpg","/articles/6514627/Cupertino/Santa-Clara-County/California/Cupertino-council-directs-rewrite-of-Economic-Development-Committee-rules-sets-annual-commissioner-terms","https://secure.pipeline.soar.com/6514627-fbc809c5dbfa257f18d31507695f04e8/orig.mp4?Expires=1771213451&Signature=lAGUUgmopjtJuQYsWN0Utfo-tYy5rckrpUsBD1F2-y770~i6puhafZbIEnjmwaYZes2ZwISxnigPEEkVDmsD5Fzwlin-x-mADzJPFV4uWeOIZ~shZIxulgtC5Kk9orQPgxnQPRoDFZkUuoKIiNfsrqbxeW9Y0uO0DDHKwunOD~jUPDBU~7R9CiGqXGx72lKeWcock8DdS-RNmxxAKgs0dBtTVwZi5qln6H1cPkdRE~Dmd1J5ck8V7iO~wOJuq6FxB0rlhcGfaHHUx2HW-aHVOTZvgk7uGkCbpvovAbb6C5WXxlL0OtCowU8SEnl3R7dfHV4mB-FVPP4qIIfGiZZgpQ__&Key-Pair-Id=KUT5TJCACFTXG","The Cupertino City Council voted to send an amended ordinance back to staff that would change how the Economic Development Committee is composed and how long commissioner representatives serve. The motion, made by Mayor Chow Chao and seconded by Vice Mayor Moore, passed 3–2 with Council members Mohan and Wong voting no.

Council members said the changes respond to an administrative mismatch: commissioners serve staggered four‑year terms while commission appointments to committee seats are typically made annually. Staff and the city clerk recommended adjusting committee terms so commissioners appointed to the Economic Development Committee serve one‑year terms, allowing commissions to nominate representatives each year rather than tying committee membership to the longer commission term.

Proponents, including Mayor Chao and several commissioners who spoke, said adding a representative from the Planning Commission would strengthen land‑use input for economic development and that including commissioners from Sustainability, Technology Information & Communications (TIC), and Parks and Recreation would broaden expertise. The mayor floated expanding the committee to 11 members (industry representatives, at‑large seats, commissioners and council representation) but councilors negotiated a smaller change during deliberations.

Opponents said a larger committee risks being unwieldy and could impede work because of quorum and staff‑capacity issues. Council member Mohan and Council member Wong argued for a smaller, more nimble body made mainly of industry representatives and at‑large members, and warned that adding many members would increase staff workload and reduce effectiveness. Concerns raised during the public comment period mirrored those points: members of the public and the Sustainability Commission urged the council to retain sustainability representation, while at least one speaker recommended using at‑large community members instead of commissioners to limit burden on staff.

Council amendment and vote: Council amended the ordinance to set the committee composition to include one council member and three commissioner representatives (one each from Planning, Sustainability and TIC), with those commissioner seats set to one‑year terms; the remainder of the committee structure (industry sector representatives and at‑large seats as described in existing ordinance language) was left in place. Council instructed the city attorney to revise the ordinance and return it for a formal first reading on July 1, with a second reading set for July 15. The motion to return the ordinance as amended passed 3–2.

Next steps: Staff will prepare the revised ordinance reflecting the one‑year commissioner terms and the amended composition and return it for the scheduled first reading on July 1. If the ordinance is modified after the first reading, the council noted that another first reading would be required, restarting the ordinance process.","After months of planning, the Cupertino City Council voted 3–2 to ask staff to return with an amended ordinance changing the Economic Development Committee’s membership and setting one‑year commissioner appointments to avoid mismatched four‑year commission terms.","actionData","errors"]

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Council approves wait‑list priority for tenants of expiring BMR units; landlord relocation assistance deferred for later study

Cupertino council directs rewrite of Economic Development Committee rules, sets annual commissioner terms