Planning commission recommends keeping Sunnyvales two-month relocation payment for no-fault evictions

The Sunnyvale Planning Commission on Feb. 10 recommended that City Council maintain the citys current two-month relocation payment for no-fault, just-cause evictions under Sunnyvale Municipal Code 19.71 rather than increasing the benefit to three months.

The recommendation follows a staff report from Ernie DiFrenci, the citys affordable housing manager, who told commissioners the municipal code was crafted to mirror most state protections while extending two differences: the local rule applies to all rental units regardless of construction date and requires two months of relocation assistance. DiFrenci said staffs outreach included an online survey and two public meetings; the survey generated 14 responses from landlords/property managers opposed to increasing benefits and 24 non-landlord respondents in favor. He said staff recorded fewer than 20 phone inquiries from tenants about relocation protections since the ordinance took effect and that Project Sentinel handles many tenant mediation matters.

The Housing and Human Services Commission previously recommended increasing relocation assistance to three months and adding an exception exempting sole-proprietor owners of seven or fewer properties. DiFrenci told the Planning Commission the commissions discussion had interpreted the exemption differently (some speakers focused on units per property), and he urged clarity: the Housing and Human Services motion specified "7 or fewer properties," not units. After discussion about limited local data on actual eviction counts and how enforcement is handled, commissioners moved to endorse staffs Alternative 1: keep Sunnyvale Municipal Code 19.71 unchanged, preserving the two-month relocation payment.

Commissioners pressed staff on data and enforcement. Commissioner Cerrone asked how many no-fault evictions occur annually; DiFrenci said the city does not receive a formal count from landlords or tenants and reiterated the roughly 20 contacts since the ordinances enactment. Vice Chair Davis asked how tenants learn about the protections; staff said property owners are required by state law to post notices and the city maintains web resources and will expand outreach following any council action. Staff said the municipal ordinance does not create an independent city enforcement mechanism or civil penalty; tenants may seek remedies in small claims court and are referred to Project Sentinel for mediation and advice.

Public comment included a remote question from a resident, Susan Salna, who asked whether staff had requested Project Sentinels case-level data; staff said the city receives quarterly, aggregated data from Project Sentinel but not itemized records for each call.

A motion by Commissioner Schutler to recommend Alternative 1 (do not increase relocation assistance; keep two months) was seconded by Commissioner Segura and passed 7-0. Staff told commissioners the item will be considered by City Council on Feb. 25.

Why it matters: Relocation assistance affects tenantsability to cover deposits and moving costs when displaced through landlord-initiated no-fault actions. The commission cited limited local data and the risk of creating additional complexity for landlords and tenants in comparing local rules to state law as rationale for maintaining the current benefit level.