HomeMy WebLinkAboutHC Searchable Packet for 09-24-2026CITY OF CUPERTINO
HOUSING COMMISSION
AGENDA
10185 North Stelling Road, Quinlan Conference Room and via Teleconference
Thursday, September 24, 2026
5:30 PM
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
OPTIONS TO OBSERVE:
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Quinlan Community Center, Conference Room, 10185 N. Stelling
Road.
2) Watch a live stream online at https://youtube.com/@cupertinocitycommission.
3) Attend in person at a remote Teleconference Location noticed pursuant to Gov. Code
54953(b)(2), which location, if noticed, would be stated on the cover page of this agenda.
OPTIONS TO PARTICIPATE AND COMMENT:
Members of the public wishing to address the Housing Commission may do so in the
following ways:
1) Appear in person at Quinlan Community Center, Conference Room, 10185 N. Stelling
Road:
a. During “Oral Communications”, the public may comment on matters not on the agenda,
and for agendized matters, the public may comment during the public comment period for
each agendized item.
b. Speakers are requested to complete a Speaker Card. While completion of Speaker Cards
is voluntary and not required to attend the meeting or provide comments, it is helpful for
the purposes of ensuring that all speakers are called upon.
c. Speakers must wait to be called and may begin speaking when recognized by the Chair.
d. Speakers are limited to three (3) minutes each. However, the Chair may reduce the
speaking time depending on the number of people who wish to speak on an item. A
speaker representing a group of 2 to 5 or more people who are present may have up to 2
minutes per group member, up to 10 minutes maximum.
e. Please note that due to cyber security concerns, speakers are not allowed to connect any
personal devices to any City equipment. However, speakers that wish to share a document
(e.g. presentations, photographs or other documents) during oral comments may do so by:
i. E-mailing the document to housingcommission@cupertino.gov by 2:00 p.m. and staff will
advance the slides/share the documents during your oral comment.
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Housing Commission Agenda September 24, 2026
2) Written communications as follows:
a. E-mail comments to housingcommission@cupertino.gov.
b. Regular mail or hand delivered addressed to the: Cupertino Housing Commission, City
Hall, 10300 Torre Avenue, Cupertino, CA 95014
c. Comments addressed to the Housing Commission received by 3:00 p.m. on the day of the
meeting will be included in written communications published and distributed before the
beginning of the meeting.
d. Comments addressed to the Housing Commission received after the 3:00 p.m. deadline,
but through the end of the Commission meeting, will be posted to the City’s website by the
end of the following business day.
3) Teleconference in one of the following ways:
a. Online via Zoom on an electronic device (Audio and Video): Speakers must register in
advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_p5iWuz8GTOui0xsMOuQtZw
i. Registrants will receive a confirmation email containing information about joining the
webinar.
ii. Speakers will be recognized by the name they use for registration. Once recognized,
speakers must click ‘unmute’ when prompted to speak.
iii. Please read the following instructions about technical compatibility carefully: One can
directly download the teleconference (Zoom) software or connect to the meeting in their
internet browser. If a browser is used, make sure the most current and up-to-date browser,
such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.
Certain functionality may be disabled in older browsers, including Internet Explorer.
b. By Phone (Audio only): No registration is required in advance and speakers may join the
meeting as follows:
i. Dial 669-900-6833 and enter WEBINAR ID: 825 6247 9605
ii. To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6
iii. Speakers will be recognized to speak by the last four digits of their phone number.
c. Online via the teleconferencing device (Audio and Video) being used to provide access to
the meeting from a remote Teleconference Location noticed pursuant to Gov. Code 54953(b)
(2), which location, if noticed, would be stated on the cover page of this agenda.
i. Speakers are required to notify the City Clerk via email to cityclerk@cupertino.gov prior
to noon on the date of the meeting during which they plan to participate and comment from
the remote location noticed to ensure the City Clerk is prepared to accept their comment.
ii. If the teleconferencing device malfunctions impeding access to the meeting from the
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Housing Commission Agenda September 24, 2026
remote location, the speaker may alternatively participate via the other options for remote
participation provided above.
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approval of the August 13, 2026 Housing Commission Minutes.
Recommended Action: Approve the August 13, 2026 Housing Commission Minutes.
A - Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
OLD BUSINESS - None
NEW BUSINESS
2.Subject: Informational presentation on the Program Year (PY) 2025 Community
Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation
Report (CAPER).
Recommended Action: Approve submission of the PY 2025 CAPER to the United
States Department of Housing and Urban Development (HUD).
Staff Report
A - Draft Cupertino PY 2025 CDBG CAPER
3.Subject: Progress update on policies and programs for tenant protections and
anti-displacement for renters in market rate units; proposal of draft eviction protection
ordinance.
Recommended Action: Receive presentation and recommend approval of an eviction
protection policy to City Council for adoption.
Staff Report
A - Draft Resolution
B - Letter from the Chair of the Housing Commission to City Council
STAFF AND COMMISSION REPORTS
FUTURE AGENDA SETTING
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Housing Commission Agenda September 24, 2026
4.Subject: Upcoming Draft Agenda Items
A - Upcoming Future Agenda Items
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue, Cupertino, California 95014, during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter
on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
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CITY OF CUPERTINO
Agenda Item
Subject: Approval of the August 13, 2026 Housing Commission Minutes.
Approve the August 13, 2026 Housing Commission Minutes.
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DRAFT MINUTES
HOUSING COMMISSION
Thursday, August 13, 2026
At 5:35 p.m. Chair Usha Narayan called the special Housing Commission meeting to order at the
Quinlan Conference Room, 10185 North Stelling Road and via teleconference.
ROLL CALL
Present: Chair Usha Narayan, Vice Chair Jasmine Jose (arrived at 6:00 p.m.) and Commissioners
Connie Cunningham and Ram Sripathi. Absent: None.
APPROVAL OF MINUTES
1. Subject: Approval of the May 28, 2026 Housing Commission Minutes.
Recommended Action: Approve the May 28, 2026 Housing Commission Minutes.
MOTION: Cunningham moved and Narayan seconded to approve the May 28, 2026
Housing Commission Minutes. The motion passed with the following vote: Ayes: Narayan,
Cunningham and Sripathi. Noes: None. Abstain: None. Absent: Jose.
POSTPONEMENTS – None
ORAL COMMUNICATIONS – None
CONSENT CALENDAR – None
OLD BUSINESS – None
NEW BUSINESS – None
STUDY SESSION
2. Subject: Study session to examine the City’s Below Market Rate (BMR) Housing
Mitigation Program Procedural Manual (Housing Mitigation Manual).
Recommended Action: Receive presentation on the Housing Mitigation Program
Manual, Inclusionary Housing Requirements, and BMR Fee.
Written Communications for this item included a staff presentation.
Senior Housing Coordinator Nicky Vu gave a presentation.
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Housing Commission August 13, 2026
Commissioners asked questions which staff responded to.
Chair Narayan opened the public comment period and, seeing no one, closed the public
comment period.
The Commission received the presentation.
STAFF AND COMMISSION REPORTS
Chair Narayan reported on the Mayor’s Meeting, the upcoming CREST Awards and the
resignation of Commissioner Xhindi.
Commissioner Jose reported on an article in the Cupertino Courier.
FUTURE AGENDA SETTING
Commissioners added the following future agenda items.
Outreach of City services for low‐income people (Narayan)
ADJOURNMENT
At 7:01 p.m. Chair Narayan adjourned the special Housing Commission meeting.
Minutes prepared by:
Lindsay Nelson, Administrative Assistant
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CITY OF CUPERTINO
Agenda Item
Subject: Informational presentation on the Program Year (PY) 2025 Community Development Block
Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).
Approve submission of the PY 2025 CAPER to the United States Department of Housing and Urban
Development (HUD).
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HOUSING COMMISSION STAFF REPORT
September 24, 2026
Subject
Informational presentation on the Program Year (PY) 2025 Community Development Block Grant
(CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).
Recommended Action
Approve submission of the PY 2025 CAPER to the United States Department of Housing and
Urban Development (HUD).
Discussion
The United States Department of Housing and Urban Development (HUD) annually allocates
grants such as CDBG to local jurisdictions for community development activities. Cupertino is
one of nine entitlement jurisdictions within Santa Clara County. Jurisdictions typically must have
a population of 50,000 or more to qualify as an entitlement jurisdiction that receives grant funding
directly from HUD. Entitlement grants are largely allocated on a formula basis based on several
objective measures of community needs including the extent of poverty, populations, housing
overcrowding, age of housing, and extent of population growth lag in relationship to other
metropolitan areas. As a requirement to receive these entitlement grants, Title I of the National
Affordable Housing Act mandates that jurisdictions prepare a five-year Consolidated Plan,
Annual Action Plan, and a CAPER. PY 25-26 funding recommendations were approved by the
City Council on April 15, 2025. The PY 2025-2030 CDBG Consolidated Plan and 2025-2026 Annual
Action Plan was adopted by Housing Commission on May 22, 2025.
PY 2025 CDBG CAPER
The CAPER is an annual document that outlines the progress the jurisdiction has made in
carrying out its strategic plan and its Annual Action Plan. The CAPER is an overview of major
initiatives and highlights that were proposed and executed throughout the program year. The
CAPER consists of specific program narratives, an assessment of annual performance, and an
assessment of progress toward meeting goals and objectives contained in the Consolidated Plan.
The PY 2025 CAPER (Attachment 1) covers the City’s CDBG accomplishments from July 1, 2025,
to June 30, 2026, and represents the first year of the 2025-2030 Consolidated Plan.
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Per HUD regulations, the City is required to make the CAPER available for public comment for
a minimum of fifteen days. The 2025 CAPER was made available to the public at
www.cupertino.org/housing and the City Clerk’s office from September 8 to September 24, 2026.
No public comments have been received. The final CAPER will be submitted to HUD by the
September 28, 2026, deadline.
2025-26 CDBG Funding
PY 2025 CDBG funding allocations are noted on the table below.
Applicant Agency Funded Expended
Administration
CDBG Public Services
CDBG Capital/Housing Projects
TOTAL: $385,026.37 $391,361.44
2025-26 CDBG Accomplishments
The City funded two CDBG public services for seniors and emergency needs, one single-family
home rehabilitation grant, and Mary Avenue infrastructure and facility upgrades. It also used PY
2025 funds for a senior center fire alarm project originally funded in PY 2023 and completed in
June 2026 by the Public Works Department. These activities served 117 people: 91 extremely low-
income, 18 very low-income, 5 low-income, and 3 moderate-income.
Sustainability Impact
Submittal of the PY 2025 CDBG CAPER does not result in a sustainability impact.
Fiscal Impact
Submittal of the PY 2025 CDBG CAPER does not have a fiscal impact.
California Environmental Quality Act
The PY 2025 CDBG CAPER is not a project subject to the California Environmental Quality Act
(CEQA).
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______________________________________________________________________________
Prepared by: Evelin Meza, Assistant Housing Coordinator
Reviewed by: Nicky Vu, Senior Housing Coordinator
Approved for Submission by: Benjamin Fu, Director of Community Development
Attachments:
A – PY 2025 CDBG CAPER
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CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
City of Cupertino
Consolidated Annual Performance Evaluation Report (CAPER)
Program Year 2025 (July 1, 2025 – June 30, 2026)
Public Noticing of 2025 CAPER:
Newspaper Ad Published in the Cupertino Courier on August 21, 2026
Draft CAPER posted on the City’s website on September 4, 2026
Public Comment Period: September 8 – September 24, 2026
Housing Commission held on September 24, 2026 at 5:30 pm
Contact Information:
City of Cupertino, Housing Division
Nicky Vu, Senior Housing Coordinator
NickyV@cupertino.gov
The City of Cupertino will provide alternative accessible formats for this document upon request.
If you need this document in an alternative format such as large print, Braille, audiotape, or
computer disc, please contact the City at the contact information listed above.
The CAPER can also be translated into other languages upon request, please use the contact
information listed above.
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CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Introduction
The City of Cupertino receives annual U.S. Department of Housing and Urban Development (HUD) funding
for the Community Development Block Grant (CDBG) program. Funding through the CDBG program is a
key component to organizations serving households at or below 80% of area median income (AMI) in the
City. As demonstrated in this Consolidated Annual Performance and Evaluation Report (CAPER), CDBG
funds have been a critical funding source for the rehabilitation of affordable rental units, services of
elderly and disabled seniors, case management services for low-income households to prevent
homelessness, and minor home repairs to address health and safety concerns for low-income households.
The City’s CAPER serves as a report to HUD regarding the outcomes of the goals and objectives with
resources made available through the CDBG program and allocated in the Program Year (PY) 2025 Annual
Action Plan (AAP) and the 2025-2030 Consolidated Plan for Housing and Community Development (Con
Plan). PY 2025 is the first year of the 2025-2030 Consolidated Plan, and the City will be reporting on its
progress in meeting the goals and objectives outlined in this plan. As noted throughout the report, despite
the challenges presented by funding delays and administrative shutdown of the federal government, the
City is making progress towards achieving its five-year goals.
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CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of Cupertino is the recipient of federal Community Development Block Grant (CDBG) funding from the United States Department of
Housing and Urban Development (HUD). HUD provides these funds to the City on an annual basis for projects and activities that benefit low- and
moderate-income individuals and families.
As a recipient of these funds, the City is required to prepare a five-year strategic plan called a Consolidated Plan (Con Plan). The Con Plan identifies
housing and community needs for low- and moderate-income persons and areas within the City. It then identifies and prioritizes resources to
address these needs and establishes annual goals and objectives to meet them. The City prepares a plan prior to the start of each program year
called the Annual Action Plan (AAP). The AAP lists specific steps that the City will take in the coming year to meet the goals and objectives identified
in the Con Plan. After the end of the program year, the City prepares the CAPER to document the City's overall progress in carrying out the priority
projects identified in the five-year Con Plan and the AAP.
The City of Cupertino’s Program Year (PY) 2025 CAPER covers July 1, 2025 - June 30, 2026, which is the first year of the 2025-30 Con Plan cycle.
This CAPER has been prepared to meet HUD’s requirements for annual performance evaluation and includes a summary of the activities performed
during PY 2025, the amount of funds allocated to those activities, and the number of low- and moderate-income persons and households who
were assisted. The 2025 CAPER also documents the City’s cumulative efforts toward meeting 2025-30 Con Plan goals, contains a summary of public
comments received by the City during a 15-day comment period held from September 9 – September 24, 2026, and includes reports generated
by HUD’s Integrated Disbursement and Information System (IDIS).
For PY 2025, the City of Cupertino received $354,559 in CDBG entitlement funds from HUD, receipted $7,944 in program income, and had
$22,523.37 of prior year unexpended funds, for a total of $385,026.37 in program funds. During PY 2025, administrative shutdown of the federal
government and funding delays impacted program delivery of the City’s CDBG funded programs, leading to employee turnover and service delays.
The City’s major accomplishments for PY 2025 include:
• Funding health and safety repairs for 4 extremely low- and moderate-income senior homeowners
• Providing social services to 100 low-income individuals to prevent homelessness
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CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Providing a specialized care program for 13 elderly residents of the City
• Funded infrastructure improvements for the sidewalk, curb, gutter, ramp, and bike lane improvements related to the construction of the
Mary Ave affordable housing project.
The City of Cupertino supplements CDBG funding with local and state (BMR AHF, HSG, County District 5, and PLHA) sources. These funds support
similar programs that follow the CDBG goals and are reported in the outcomes.
• General Fund HSG (Catholic Charities, Senior Adults Legal Assistance, West Valley Community Services Haven to Home)
• Below Market Rate Affordable Housing Fund (Project Sentinel, Charities Housing – Mary Ave, Eden Housing – Wolfe Road)
• County District 5 Inventory Grant (Maitri)
• Permanent Local Housing Allocation (PLHA) (Charities Housing – Mary Ave)
These programs were not CDBG funded, but they helped further the City’s CDBG goals and are reflected in the total outcomes measured below.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount Measure –
Strategic
Strategic
Plan
Complete –
Program
Program
Year
Complete
Affordable
Rental Unit
Construction
Affordable
Housing
$4,083,200
PLHA:
$908,683
Rental Housing
Constructed
Household
Housing Unit 289 0 0% 289 0 0%
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CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Frail
Elderly/Elderly
Services
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG:
$16,800
HSG:
$29,000
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 295
105 35% 59 105 177%
Homeowner
Rehabilitation
Affordable
Housing
CDBG:
$107,500 Housing
Rehabilitated
Household
Housing Unit 35 4 11% 7 4 57%
Administration Administration $70,900 Other Other 5 1 20.00% 1 1 100.00%
Services for
Low-Income
Families and
Homeless
Population
Homeless
Non-Housing
Community
Development
$37,200
HSG:
$100,000
County:
$25,000
BMR AHF:
$50,000
Homelessness
Prevention
Persons
Assisted 1,140 259 22% 228 259 113%
Community
Development
Community
Development
Affordable
CDBG:
$152,626.37
Rental Housing
Constructed
Public Facilities
Upgraded
Housing Unit 40 0 0% 0 0 0%
Public Facility
Improvement 1 1 100.00% 1 1 100.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
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CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
giving special attention to the highest priority activities identified.
As indicated in the 2025-30 Con Plan and PY 2025 AAP, the highest priorities for the City are as follows:
• Housing: Increasing the supply and condition of affordable housing.
• Homelessness: Stabilizing persons at-risk of and experiencing homelessness through housing solutions, and facilitation of supportive
services including mental health and addiction recovery services.
• Community development: Improve neighborhood safety and quality through neighborhood cleanups, street lighting and park
improvements, bolster/create public space for senior activities, and food pantries.
• Economic Development: Provide more opportunities for resident workforce development and/or build outreach campaign for existing
programs, create community partnerships to address childcare access as a component of workforce participation.
• Fair Housing: Improve navigation and case management services for residents needing housing, legal services (related to housing), and
basic services documentation assistance.
The City has made steady progress and met many of these goals in PY 2025. Under the affordable housing category, the City provided funding to
assist in addressing health and safety repairs for 4 extremely low- and low-income elderly homeowners. The City continued to fund programs
targeted at preventing homelessness including the Community Access to Resources and Education Program, which is operated by West Valley
Community Services. The agency was able to provide services to 100 low-income Cupertino residents, 60 of which were female headed households.
Additionally, the City provided CDBG funds to the Live Oak Adult Care Program that provides a specialized program of adult day care for frail elderly
dependent adults. The organization operates a site in Cupertino, and in PY 2025 served 13 elderly and disabled clients. In total, CDBG funding
assisted 117 people over the course of the program year.
The City of Cupertino also funded five additional public service programs through the use of its General Fund Human Services Grant (HSG), a
County District 5 Inventory Grant, and Below Market Rate Affordable Housing Fund (BMR AHF) that provide services to low- and moderate-income
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CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
families, the elderly, victims of domestic violence, and the disabled. Overall, these five programs provided services to 251 individuals.
1. WVCS Haven to Home Program
2. Senior Adults Legal Assistance Program
3. Catholic Charities Long-term Care Ombudsman Program
4. Maitri
5. Project Sentinel Fair Housing Services
The City awarded funding from the California State grant, Permanent Local Housing Allocation (PLHA) for predevelopment of low-income housing,
which will construct 40 new affordable housing rental units at Mary Ave Villas.
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CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
White 38
Black or African American 2
Asian 53
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
Middle Eastern or North African
Other/multi-racial 24
Hispanic 12
Not Hispanic 105
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
The CR-10 Racial and Ethnic Composition of Families Assisted - 91.520(a) table is generated in IDIS and
includes five racial categories. The table as shown in IDIS does not reflect all of the racial categories served
by the City's CDBG funded agencies. The attached modified CR-10 Racial and Ethnic Composition of
Families Assisted - 91.520(a) table includes the correct racial categories for individuals served in PY 2025.
In total, the City’s CDBG program served 117 people. The Race/Ethnicity percentages are as follows:
• 32.5% were White
• 1.7% were African American
• 45.3% were Asian
• 0.0% were American Indian or Alaskan Native
• 0.0% were Native Hawaiian or Other Pacific Islander
• 20.5% were Other/Multi-Racial
Out of the total of 117 people assisted, approximately 10.3% were Hispanic. In addition, 67 female headed
households were served through the City's CDBG funded programs. This information was reported to the
City in the quarterly performance reports.
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CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
CDBG public - federal $385,026.37 391,361.44
BMR AHF public - local 50,000 50,000
HSG public - local 129,000 129,000
County District 5 public - local 25,000 25,000
Table 3 - Resources Made Available
Narrative
During PY 2025, the City received an entitlement allocation of $354,559.00. In addition to the entitlement
amount, the City received $7,944.00 in program income and had $22,523.37 in prior year unexpended
funds. Combined, the total amount of CDBG funds that were available in PY 2025 was $385,026.37.
Lastly, the City made $5,862,763 of local funding (BMR AHF, County District 5, PLHA, and HSG) available
to help local nonprofit agencies expand their services, assist more people, and create further housing
affordability.
Identify the geographic distribution and location of investments
Percentage of Percentage of
Citywide 100 100 entitlement CDBG allocation citywide.
Table 4 – Identify the geographic distribution and location of investments
Narrative
The City has not established specific target areas to focus the investment of CDBG funds. The funds were
distributed Citywide.
Leveraging
Explain how federal funds leveraged additional resources (private, state, and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
In addition to the entitlement dollars listed above, the federal government has several other funding
programs for community development and affordable housing activities. These include the Section 8
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CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Housing Choice Voucher Program, Section 202, Section 811, the Affordable Housing Program (AHP)
through the Federal Home Loan Bank, and more.
There are a variety of state, countywide, and local resources that support housing and community
development programs. Some of these programs aid local affordable housing developers and community
organizations, while others provide aid directly to individuals.
The BMR AHF (Below Market Rate Affordable Housing Fund) receives its revenue from the payment of
housing mitigation fees from non-residential and residential development projects. The non-residential
housing mitigation fee jobs/housing nexus study acknowledges housing needs created by the
development of office, commercial, retail, hotel, R&D, and industrial development. A fee is applied to new
square footage of non-residential development in the City. The fees collected are deposited in the City's
BMR AHF and are to be used for the provision of affordable housing.
In PY 2025, the City allocated $50,000 in BMR AHF to Project Sentinel, a local non-profit organization that
provides fair housing and tenant/landlord counseling services. The City Council allocated $129,000 from
the General Fund HSG to housing and human service agencies throughout the City. The money was utilized
to fund a long-term care ombudsman program, legal assistance to seniors, and housing placement/case
management services to homeless individuals and families. The City utilized $25,000 from a County
District 5 inventory grant for client services for victims of domestic violence.
The City owns a parcel of land at Mary Avenue for the development of affordable housing. A disposition,
development, and land sale agreement has been signed between the developer and the City for 40 very
low-income units. On April 15, 2025, the City Council awarded the Mary Ave project $3 million dollars of
the Below Market Rate Housing Fund and $908,683 dollars of Permanent Local Housing Allocation
funds. An additional $1,083,200 from the BMR Fund was awarded to a proposed affordable low-income
and teacher workforce housing development located on Wolfe Rd. On April 21, 2026, the City awarded
an additional $666,880 from the BMR fund to the Wolfe Rd project for a grand total of $1,750,080.
The City is a member of the Santa Clara County HOME Consortium which has awarded the Mary Ave Villas
project an additional $1,000,000 in HOME funds.
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CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
to be provided affordable housing
to be provided with affordable housing
Total 296 4
Table 5 – Number of Households
One-Year Goal Actual
through the acquisition of existing
Total 296 4
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
In PY 2025, Rebuilding Together Silicon Valley (RTSV) provided health and safety repairs to rehabilitate 4
homes occupied by low- and moderate-income senior households. The City met its annual goal in
providing much needed funding to repair/rehabilitate units of low- and moderate-income housing.
The City has two affordable housing projects in progress. The first, Charities Housing – Mary Ave, proposes
40 units, with 19 very low-income units, 20 extremely low-income units, and one manager unit. Within
the affordable unit mix, 19 units will be reserved for individuals with intellectual or developmental
disabilities. The second, Eden Housing – Wolf Rd, proposes 249 units built across two phases. The first
phase will contain 101 units of mixed-income housing for school district employees, with approximately
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CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
34 low-income units and 67 moderate income units. The second phase will contain 148 units, with 60 very
low-income units, 86 low-income units, and two manager units. Both projects were committed funding in
FY25-26 however construction is expected to take place throughout the 2025-2030 Consolidated Plan
period. As such, the actual reporting for new construction is currently still zero.
Discuss how these outcomes will impact future annual action plans.
The City does not anticipate any future impact on Annual Action Plans. This is the City’s first year reporting
on the goals outlined in the 2025-30 Consolidated Plan, and the City anticipates meeting the five-year
goals.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Extremely Low-income 3 0
Low-income 0 0
Moderate-income 1 0
Table 7 – Number of Households Served
Narrative Information
In total, the City provided funding to repair 4 units of affordable housing. Of those 4 households, 3 were
extremely low-income (0-30% AMI), 0 were low-income (31-50% AMI), and 1 was moderate-income (51-
80% AMI). The homeowners assisted were seniors and persons with disabilities.
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CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The County Office of Supportive Housing conducts routine outreach to the homeless persons living
throughout Santa Clara County. On a biennial basis, the OSH conducts a Point in Time (PIT) count
estimating the prevalence of homelessness in the jurisdictions within Santa Clara County, including the
City. Through this process the volunteers outreach directly to persons experiencing homelessness to
understand their background, situation, and needs. The purpose of the PIT count is to assess the status of
homeless persons living within the County and use the findings to apply for funding for HUD to support
housing services, including homeless services. Currently, the CoC receives approximately $26 million
dollars annually in federal funding. The most recent PIT count took place in January 2025, and the new
count is 101 unhoused persons.
Secondly, the CoC prepares a community plan focused on ending homelessness in Santa Clara County
every five (5) years. The Plan developed through a series of community summits addressing specific
homeless populations in the County and is based on extensive community engagement with the homeless
populations. The City will take part in the development of the 2025-2030 Community Plan to End
Homelessness along with other jurisdictions in Santa Clara County throughout the ConPlan period.
Addressing the emergency shelter and transitional housing needs of homeless persons
There are no emergency shelters or transitional housing located in the City. However, throughout FY 25-
26, the City jointly collaborated with other West Valley Cities to study the need and feasibility of
developing emergency shelter and transitional housing within the region. This study was finished and
published on January 26, 2026. The City supports two programs that could be considered seasonal and
special needs shelters: the Rotating Safe Car Park (RSCP) program, of which the City has three host sites,
and the Maitri transitional housing program which provides shelter to survivors of domestic violence.
RSCP allows temporary overnight parking for homeless individuals or families living out of their cars as a
safe alternative to sleeping on the streets or in a homeless shelter. The program connects homeless
individuals and families with hospitality and case management services.
In PY 2025, the City provided $25,000 to Maitri through the General Fund HSG Program. Maitri provides
transitional housing for adult women and children who are victims of domestic violence. The majority of
the households served by Maitri are homeless. During the year, Maitri provided case management and
housing services to 7 households, all of which were extremely low-income.
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CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
In PY 2025, the City provided $37,200 in CDBG funds to WVCS to administer its Community Access to
Resources and Education (CARE) program. The main focus of the CARE program is to bring services and
resources closer to at-risk populations, coordinate assistance internally and externally, and help navigate
hospital services, social services, and legal systems. It is designed to enable access to critical basic needs
services and help clients navigate the maze of benefits, from Medicare and Social Security to affordable
housing options, health care, and specialized care.
The one stop benefit assistance service helps aid with applications to benefits including CalWORKs,
CalFresh, Medi-Cal, Free/Reduced lunch, and Healthy Kids. The supportive services provided also help
clients build financial stability by providing monthly budget relief through access to the food pantry, and
discounts on their utility bill and emergency financial assistance for unforeseen emergencies. This range
of supportive services and case management helps at-risk individuals and households maintain stability
and prevents homelessness due to financial crisis.
Additionally, in PY 2025, the City provided General Fund HSG and/or BMR AHF to the following
organizations:
• Senior Adult Legal (SALA) – Received $18,000.00 from the General Fund HSG. SALA provided free
legal services to 32 Cupertino residents aged 60 or older.
• Maitri – Received $25,000.00 from the General Fund HSG. With the funds, Maitri provided case
management services to 7 Cupertino residents.
• Catholic Charities - $11,000 from the General Fund HSG. Catholic Charities provided needed
advocacy of elders living in long-term care facilities. In total, 60 unduplicated residents were
contacted.
The City follows the guidance of Santa Clara County's CoC as it relates to individuals who may be
discharged from publicly funded institutions and systems of care. The details can be found on their
website in the SCC CoC Quality Assurance Standards for Homeless Housing & Service Programs document.
The CoC actively works with health care facilities, hospitals, and correction programs and institutions
when individuals are discharged to provide referrals to shelters.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
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CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
As mentioned above, the City provided $37,200.00 in CDBG funds to WVCS to administer its CARE
program. CARE provides case management and short-term rental assistance to support homeless families
transitioning to permanent housing. Additionally, the program allocates Red Cross emergency rental
grants and emergency utility payments to assist low-income individuals and families on the verge of
homeless maintain their housing.
In PY 2025, the City provided $100,000.00 in General Fund HSG to WVCS for the Haven to Home (HTH)
program. The goal of HTH is to help currently un-housed Cupertino individuals and families secure
permanent housing, maintain employment, and enhance income opportunities and financial stability. The
supportive services critical to the success of this program are intensive case management, housing search
assistance, landlord mediation, benefits clinics, and financial coaching. HTH aims to end homelessness
and prevent homelessness by coordinating multilevel services and leveraging further resources in the
community in order to build long-term stability and self-sufficiency for participants. WVCS served 83
homeless individuals and families whose last address was in Cupertino.
In total in PY 2025, the City spent approximately $37,200 in CDBG, $100,000 in General Fund HSG, $25,000
in County District 5 Funds, and $50,000 in BMR AHF funding to provide a variety of support services for
low-income Cupertino households. Services provided include the provision of food, clothing, legal
assistance, emergency rental assistance, and a variety of other services.
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CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
Not applicable. The Santa Clara County Housing Authority (SCCHA) owns and manages 4 public housing
units which are all located in the City of Santa Clara. There is no public housing in Cupertino.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
While the majority of their units have been converted to affordable housing stock, SCCHA is proactive in
incorporating resident input into the agency’s policy-making process. An equitable and transparent policy-
making process that includes the opinions of residents is achieved through the involvement of two tenant
commissioners on the SCCHA board.
Actions taken to provide assistance to troubled PHAs
The SCCHA is not troubled.
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CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
In the City’s 2023-2031 Housing Element, several policy initiatives were identified to remove barriers to
affordable housing. In the FY 25-26, the City adopted Ordinance 25-2274 to update its code regarding
Accessory Dwelling Units (ADU)s for consistency with state law, Ordinance 25-227 to incorporate
standards for ministerial approval of duplexes, lot splits, and other state regulations. These actions will
assist the City in continuing to address the many barriers to affordable housing (including high costs and
limited land) and provide additional funds to assist developers in building affordable housing in the City
of Cupertino. Resolution 25-051 was adopted to allow priority replacement into the BMR waitlist system
for displaced rental tenants in units with expiring affordability restrictions.
In PY 2025, the City continued to administer its BMR Ownership and Rental Programs in an effort to
remove barriers to affordable housing. Over the course of the year, there were 2 BMR ownership unit
resales, and new tenants were found to fill vacancies for 10 BMR rental units through the City’s main BMR
waitlist.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
As mentioned in the Consolidated Plan, the City’s highest need is for affordable units for low-income and
special needs households. Some of the primary impediments to creating affordable units is the high cost
of land in Cupertino, and rising construction costs. In order to fund 100% affordable developments, the
City adopted an inclusionary housing program, which requires all new residential developments to
dedicate 15% for rental projects and 20% for ownership projects as affordable, or pay an in-lieu fee. This
in-lieu fee allows the City to accumulate funds to use for affordable developments. These fees have been
used to fund the aforementioned Mary Ave and Wolfe Rd projects.
The City has increased its efforts to promote development of affordable housing throughout the City.
Annually, the City releases a Notice of Funding Availability (NOFA) / Request for Proposals (RFP) for BMR
AHF and CDBG capital housing projects. For PY 2025, the City released a NOFA/RFP for $1,100,000 in BMR
AHF which could be used for activities such as land acquisition, new construction, acquisition, and/or
rehabilitation of buildings for permanent affordability, and substantial rehabilitation to which $666,880
was awarded to the Wolfe Rd affordable housing project. For more information see the above section in
CR-15. In addition, the NOFA/RFP included $280,000 in CDBG funding for capital housing projects.
The City is a member of the Santa Clara County HOME Consortium and PLHA Consortium. These funds can
be used to fund eligible affordable housing projects for predevelopment, acquisition, construction, and
rehabilitation. Developers of affordable housing projects are eligible to competitively apply through an
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CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
annual Request for Proposals (RFP) process. Applications are submitted to the County Office of Supportive
Housing (OSH) and to the City through the annual NOFA.
The City of Cupertino’s Housing Element contains a goal for the city to adopt an implementation plan for
addressing displacement due to rising rents and evictions by June 2026. The Housing Commission heard
staff present policy options on December 8, 2025 and proposed they be added to the City Work Plan for
FY 26-29 via a letter to City Council dated June 4, 2026. The policy options and latest programs suggested
for inclusion are as follows:
1. Tenant Legal Services
2. Eviction Protection
3. Rent Stabilization
4. Rent Mediation
5. Deposit/Fee Regulation
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
The number of units with potential lead-based paint hazards in the City is less than 500. Lower income
households will occupy some percentage of these units, but how many is not known. In addition to
working with the County Health Department to identify and assist any children with elevated blood lead
levels, the City will, as part of its efforts to address the rehabilitation needs of its housing stock, aid persons
seeking to mitigate lead hazards in the home.
Currently, City staff has a policy to test any property being assisted with CDBG funds for the presence of
lead-based paint if the property was constructed prior to 1978. If the property tests positive for the
presence of lead-based paint, then the City assists with the abatement of the paint. In all cases, the
property owners and tenants are notified about the presence of the lead-based paint. The City also assists
the contractor with finding contractors trained in how to deal with lead-based paint or receiving training
themselves.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
As mentioned earlier, the City funds WVCS’s CARE program to provide those living below the poverty level
with food, clothing, and emergency rental assistance. These are basic necessities that those living at or
below the poverty level cannot afford due to limited incomes. WVCS also provides job search assistance
and basic computer classes in an attempt to reduce the number of persons living below the poverty level.
Due to the high cost of housing in the area, the City has focused its efforts on providing and maintaining
the affordable housing of low-income households in order to prevent them from becoming
homeless. Once a household has affordable housing, they are able to focus on obtaining job skills and
securing employment opportunities. During PY 2025, the City Council budgeted $129,000 of local General
Fund monies. This funding level aligned with other current efforts, will assist households living below the
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CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
poverty level, and help keep them from losing their housing due to an unanticipated life event, such as an
illness.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City continues to participate with other local jurisdictions in sharing information and resources
regarding CDBG and other housing programs. Meetings take place on a monthly basis. Additionally, when
projects are funded by multiple jurisdictions, the jurisdictions involved cooperate in an effort to reduce
duplication of work and reduce project monitoring costs. City staff will continue the following
collaborative efforts to improve institutional structure:
• Joint jurisdiction RFP and project review committees
• Coordination on project management for projects funded by multiple jurisdictions
• HOME/PLHA Consortium between member jurisdictions for affordable housing projects
The City is also represented at the Santa Clara County Association of Planning Officers (SCCAPO), Santa
Clara County Planning Collaborative (SCCPC), and Silicon Valley Leadership Group’s Housing Action
Coalition (HAC) meetings. These meetings are especially important in fostering regional approaches to
providing affordable housing.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City benefits from a strong jurisdiction and region-wide network of housing and community
development partners, such as the Regional Housing Working Group, and the Continuum of Care (CoC).
To improve intergovernmental and private sector cooperation, the City participates with other local
jurisdictions and developers in sharing information and resources. An example of this is a monthly
Housing/CDBG Coordinator’s meeting where staff members from various jurisdictions around the Bay
Area meet to discuss numerous opportunities for coordination and work through problems. The City has
continued to attend these meetings throughout PY 2025.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The City’s Analysis of Impediments (AI) to Fair Housing Choice included several recommended policies and
actions to respond to the fair housing impediments identified in the document. The City has implemented
the following in response to the impediments identified in the AI:
• Facilitate access to BMR units. The City will continue to assist affordable housing developers and
market rate developers in advertising the availability of BMR and affordable units via a link on the
City’s website (www.cupertino.org/housing), the United Way’s 2-1-1 program, phone referrals,
and other media outlets. The City will also facilitate communications between special needs
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CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
service providers and affordable housing developers, to ensure that home seekers with special
needs have fair access to vacant units.
• Facilitate access to all available housing programs. The City will continue to fund multiple housing
programs through various funding sources annually and help to promote these programs and
services to the public.
• City staff continues to contract with a fair housing provider to conduct outreach and education
regarding fair housing for home seekers, landlords, property managers, real estate agents, and
lenders.
• In addition to outreach, the fair housing provider will conduct fair housing testing in local
apartment complexes.
• Reevaluate its current contracts and amend future contracts, if necessary, to ensure that the fair
housing services with the highest need are continued to be provided and consider implementing
a rental assistance program to keep low-income Cupertino residents in their homes.
• The City will periodically review the Zoning Ordinance to ensure regulations are consistent with
fair housing laws and do not constrain housing production. If particular zoning requirements
impede fair housing or production, the City will amend the regulations.
• The City will continue to support the HACSC to ensure adequate outreach to minority, limited
English proficiency, and special needs populations regarding the availability of public housing and
Section 8 vouchers.
• The City will continue to plan for higher residential and employment densities where appropriate
to maximize linkages between employers and affordable housing.
• The City will continue to work with local transit agencies to facilitate safe and efficient routes for
the various forms of public transit.
Project Sentinel received $50,000 from the City’s BMR AHF to support their fair housing, tenant and
landlord counseling, dispute resolution services, and rental mediation activities. To combat illegal housing
discrimination and ensure civil rights protection, Project Sentinel provides comprehensive fair housing
services including complaint investigation, consultation, information and referral, and community
outreach and education. Fair housing investigations that reveal evidence of illegal discrimination are
addressed through education, conciliation, referral to HUD or DFEH filings, and/or litigation. Investigative
work efforts include paired testing, surveys, witness interviews, and document review. In PY 2025, the
Fair Housing Center at Project Sentinel served 69 individuals.
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CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The City continues to actively monitor all CDBG subrecipients and projects to ensure compliance with
program and comprehensive planning requirements. Monitoring involves the review of quarterly reports,
invoices, and agency audit reports. Annual monitoring is carried out for all CDBG subrecipients and
consists of reviewing client files, financial records, policies and procedures, and compliance with federal
requirements.
If findings or concerns are identified during annual monitoring, City staff work with subrecipients to
determine necessary corrective actions and schedule follow-up meetings to ensure compliance.
In addition to annual monitoring, staff evaluates subrecipients through the submission of quarterly
expense reports and progress reports on City Data Services. The expense reports document program
expenses with line-item breakdowns and supporting documentation. The progress reports track progress
towards annual goals and provide client demographic information to ensure program eligibility.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
A draft CAPER was made available on the City website (www.cupertino.org/housing) and at City Hall for
the required 15-day public comment period (September 8 – September 24, 2026). An advertisement was
placed in the Cupertino Courier, a newspaper of general circulation on August 21, 2026 advertising the
availability of the CAPER for public review and comment. The draft CAPER was posted on the City’s website
on September 4, 2026. Copies of the draft CAPER were made available to be mailed or e-mailed to citizens
free of charge. The City makes a TDD phone number available for the hearing impaired. Persons needing
special assistance could call and request accommodation prior to the public meetings. In order to make
efforts towards providing non-English speaking persons with an opportunity to comment on the draft
CAPER, the City can provide the appropriate language assistance upon request. The City held a public
hearing during the Cupertino Housing Commission meeting on September 24, 2026 to provide the public
with an opportunity to comment on the draft CAPER.
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CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
Not applicable. The City does not plan to change the CDBG program objectives.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
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CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Number of Activities 1 0 0 0 0
Total Labor Hours 465 0 0 0 0
Total Section 3 Worker Hours 0 0 0 0 0
Total Targeted Section 3 Worker Hours 0 0 0 0 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF
Outreach efforts to generate job applicants who are Public Housing
Targeted Workers 0 0 0 0 0
Outreach efforts to generate job applicants who are Other Funding
Targeted Workers. 0 0 0 0 0
Direct, on-the job training (including apprenticeships).0 0 0 0 0
Indirect training such as arranging for, contracting for, or paying tuition
for, off-site training.0 0 0 0 0
Technical assistance to help Section 3 workers compete for jobs (e.g.,
resume assistance, coaching).0 0 0 0 0
Outreach efforts to identify and secure bids from Section 3 business
concerns. 0 0 0 0 0
Technical assistance to help Section 3 business concerns understand
and bid on contracts.0 0 0 0 0
Division of contracts into smaller jobs to facilitate participation by
Section 3 business concerns.0 0 0 0 0
Provided or connected residents with assistance in seeking employment
including drafting resumes, preparing for interviews, finding job 0 0 0 0 0
Held one or more job fairs.0 0 0 0 0
Provided or connected residents with supportive services that can
provide direct services or referrals.0 0 0 0 0
Provided or connected residents with supportive services that provide
one or more of the following: work readiness health screenings, 0 0 0 0 0
Assisted residents with finding childcare.0 0 0 0 0
Assisted residents to apply for or attend community college or a four-
year educational institution.0 0 0 0 0
Assisted residents to apply for or attend vocational/technical training.0 0 0 0 0
Assisted residents to obtain financial literacy training and/or coaching.0 0 0 0 0
Bonding assistance, guaranties, or other efforts to support viable bids
from Section 3 business concerns. 0 0 0 0 0
Provided or connected residents with training on computer use or online
technologies.0 0 0 0 0
Promoting the use of a business registry designed to create
opportunities for disadvantaged and small businesses.0 0 0 0 0
Outreach, engagement, or referrals with the state one-stop system, as
designed in Section 121(e)(2) of the Workforce Innovation and 0 0 0 0 0
Other.1 0 0 0 0
Table 9 – Qualitative Efforts - Number of Activities by Program
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CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
Initially funded in FY 23-24, the Cupertino Senior Center Fire Alarm Replacement Project consisted of
replacing the entire fire alarm system at the senior center with a complete, sitewide, fully addressable
fire alarm system. The project expended $158,961.44 in CDBG funds during PY 2025, bringing the
project total to $199,152.76 at completion in June 2026.
Due to the limited size and scope of the project, it was not feasible to meet the Section 3 outreach and
participation requirements. The overall contract value and duration did not provide sufficient
opportunity to effectively implement workforce development, outreach efforts, or subcontracting
initiatives as outlined. Given the minimal labor hours, condensed schedule, and specialized nature of the
work, there were no practical opportunities to engage additional Section 3 workers or business concerns
without impacting project efficiency and delivery.
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CITY OF CUPERTINO
Agenda Item
Subject: Progress update on policies and programs for tenant protections and anti-displacement for
renters in market rate units; proposal of draft eviction protection ordinance.
Receive presentation and recommend approval of an eviction protection policy to City Council for
adoption.
CITY OF CUPERTINO Printed on 9/18/2026Page 1 of 1
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HOUSING COMMISSION STAFF REPORT
September 24, 2026
Subject
Progress update on policies and programs for tenant protections and anti-displacement for
renters in market rate units; proposal of draft eviction protection ordinance.
Recommended Action
Receive presentation and recommend approval of an eviction protection policy to City Council
for adoption.
Background
Housing Commission 2025 Study Session
The Housing Commission of the City of Cupertino previously held a study session on
December 8, 2025, to recommend several tenant protection policies and anti-displacement
programs for staff to further study and implement in accordance with Housing Element
Strategy HE-3.3.6 (Tenant Protections). Strategy HE-3.3.6 requires staff to study displacement in
Cupertino due to rising rents and evictions, and to enact a Tenant Protection Ordinance (TPO),
if appropriate. This type of displacement is faced by low-income renters in market-rate units,
who are affected by fluctuations in rental rates and commonly face eviction due to non-payment
of rent. Low-income households are disproportionately rent burdened and therefore more
likely to face eviction and homelessness due to high rent increases. In comparison, high and
medium-income households can afford to pay higher rents and have the resources to find other
housing options affordable to their income level if required to move. They do not require the
same assistance to remain stably housed. Thus, any assistance policy or program created from
this effort would be targeted to low-income households who live in market rate units.
The Housing Commission voted in favor of further study of three policies (eviction protection,
rent stabilization, and deposit/fee regulations) and recommended prioritizing two programs for
funding (rent mediation, and tenant legal services). Since this meeting, staff and the Housing
Commission undertook several efforts to work towards funding, implementation, and enaction
of these policies. This includes drafting a new ordinance for eviction protections to be
recommended by the Housing Commission to the City Council for approval. A comprehensive
update to summarize these actions during the year 2026 is summarized in the following report.
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2
Discussion
Rent Mediation
This strategy involves the City providing funding support to a non-profit organization to act as
an intermediary between renters and property owners to resolve disputes regarding rent raises.
Arbitration services through non-profit organizations are generally successful as an
enforcement mechanism for rent control laws, though, this service is strongest if used in tandem
with enacting local protections. However, without a local ordinance, it is still able to be used for
enforcement of state rent control, which is how this strategy is currently used in Cupertino.
The City currently contracts with Project Sentinel to provide tenant-landlord dispute resolution
and Fair Housing enforcement. This contract includes rent mediation issues. On March 27, 2026,
the Housing Commission voted in favor of increasing the scope of the contract with Project
Sentinel to expand their services for additional landlord and tenant education of new housing
laws. This action was approved by City Council on April 21, 2026, as well as approving a
resolution to raise the public service funding cap in the Below Market Rate Affordable Housing
Fund (BMR AHF) to $75,000 per year from the previous cap of $50,000 per year. As Project
Sentinel is the only recipient of public service BMR AHF funding, this has effectively created the
necessary fiscal capacity for expanded rent mediation services for enforcement of other tenant
protection policies as they become enacted. The overall status for this item is “substantially
complete”.
Tenant Legal Services (TLS)
This strategy involves using local funds to enact agreements with legal defense organizations to
represent tenants who have been served unlawful detainers. Tenants with legal representation
are more likely to avoid receiving a court order for eviction and can find alternative resolutions
to settle disputes with their landlords. These alternative resolutions may include rent
forgiveness or relocation assistance, a more favorable outcome than homelessness or
displacement. Low-income renters in Santa Clara County are among the least served in the Bay
Area. In 2023, only 1.6% of low-income renters were represented by tenant legal service
providers. Furthermore, Santa Clara County attorneys who represent tenants have the highest
caseloads in the Bay Area, with each attorney having an average of 480 cases a year.
In 2026, staff reached out to providers of tenant legal service providers to encourage them to
apply for the City’s annual Housing funding Notice of Funding Availability (NOFA). Through
this process, the City would be able to create a new agreement with a potential provider and
ensure that they have increased capacity that would serve a dedicated number of Cupertino
renters. In the upcoming NOFA cycle for FY27-28, staff will make available an additional
funding source, the Permanent Local Housing Allocation (PLHA) to be used for eligible
housing services in addition to affordable housing projects. This will increase overall capacity
for housing program funding, which may allow for the addition of a new program if the City
receives applications from qualified TLS providers and the Housing Commission recommends
funding their program. The overall status for this item is “well underway”.
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3
Implementation Plan
This is not a policy strategy but rather an administrative action undertaken to concurrently
meet Housing Element deadlines and inform the City Council of potential items for future
study. As previously mentioned, multiple policies and programs were recommended for
implementation. While the Housing Commission is able to fund the proposed programs
through its annual NOFA process, staff must study legal defensibility, fiscal feasibility, and staff
capacity for the policy items, as well as ensuring that the proposed ordinances are consistent
with Housing Commission’s policy goals prior to their proposal. In practice, each proposed
item would need to be individually proposed to the Housing Commission for recommendation
prior to them being brought before Council, which requires several public hearings and public
outreach.
On June 5, 2026, staff and the Chair of the Housing Commission sent a letter (Attachment B) to
the City Council requesting that the Council add the following item (Table 1) as an ongoing City
Work Plan item. This satisfies the first minimum requirement of proposing an implementation
plan to City Council related to tenant protections and anti displacement actions by June 2026.
This will also allow staff time to explore, study, draft policies, solicit feedback from the
community, and amend each policy as needed prior to proposing to the Housing Commission
and City Council. The Council has not yet responded to this request. The overall status of this
action is “in progress and awaiting response”.
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Table 1: Proposed City Work Plan Item
# Project Title Project Description Council
Goal
Est
budget
(Not
including
staff
costs)
Project
Size
Lead
Departments
(s)
Estimated
Timeline
20 Tenant
Protection
Implementation
Plan
20.1 Support anti-displacement low-income housing programs
through the annual housing funding process such as rent mediation
and tenant legal services.
20.2 Study, draft, and propose potential low-income tenant protection
ordinances such as eviction protections, rent stabilization, and/or
deposit/fee regulations through the Housing Commission for approval
by the City Council.
Housing $65,000 N/A CDD Year 1
start,
Year 3
end
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Eviction Protection Ordinance
With limited timelines and capacity, staff has identified the Eviction Protection Ordinance to be
the highest priority for policy to be proposed to the Housing Commission and City Council. In
terms of legal defensibility, there is a mechanism in state law that expressly authorizes cities to
enact more protective local ordinances to assist tenants for just cause protections. For financial
feasibility and staff capacity, this ordinance would be able to be passed with minimal need for
expansion of staff. Enforcement could be completed through Project Sentinel, which as
previously mentioned, is able to be recommended for additional funding with newly raised
public service funding caps.
A no-cause termination is an eviction where an owner does not state a “just cause” for
removing the tenant. In this scenario, tenants are served a notice to vacate without a clearly
stated reason. Just causes are typically separated into two categories: at-fault evictions and no-
fault evictions. An at-fault eviction would be non-payment of rent, a tenant-created nuisance, or
some other infraction of the lease. A no-fault eviction would be if the landlord wishes to live in
the unit, perform construction within the unit, or otherwise wants to withdraw the unit from
the market. The state Tenant Bill of Rights (2019) currently has protections that limit landlords’
right to evict to a stated just-cause reason for tenants that have lived in the unit for longer than
12 months. Furthermore, it requires that one month of fair market rent be provided to the tenant
as relocation assistance if the tenant is evicted for a no-fault reason. It exempts tenant
protections for single-family homes, townhomes, condominiums, and other housing built
within the last 15 years.
Following the directive from the state to create their own just cause protections, many Bay Area
municipalities have enacted local ordinances which expand upon state protections. Common
items include: an increased penalty for no-fault eviction to 3 months of fair market rent for
relocation assistance, expanded protections to tenants living in units less than 12 months,
enhanced protections for adding family members and subleasing, restrictions on owner move
ins, extended noticing for Ellis Act evictions, and removal of loopholes for remodels, single
family homes, townhomes, and condos. Just cause eviction protection would be a necessary
component to include in a TPO to close loopholes for owner-initiated displacement and to
ensure enforceability. Based on common practices, components for a potential Cupertino just
cause eviction protection ordinance have been identified in the figure below. For the purposes
of this study, Santa Clara County municipalities were utilized for closest comparisons, but the
language in Cupertino’s proposed ordinance is heavily influenced by the City of Sunnyvale and
County of Santa Clara’s policy:
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Table 2: Santa Clara County Cities Just Cause Eviction Ordinance
City Relocation
Assistance
Occupation
Minimum
Exemption for
SFH, TH,
Condos
Restriction on
Remodel
Eviction
Notice for Ellis Act Family/Sublease
Protection
Restriction on Owner Move in
AB 1482 1 month FMR 12 months Yes (no
corporations)
No None None Owner must be a “natural person”
with at least 25% recorded
ownership interest
Milpitas 1 month rent 12 months Yes (no
corporations)
No None No Authorizes move-in by an
“owner”
Mountain
View
3 months FMR None Yes Yes 120 days or 1 year for special
circumstances
Yes Owner must be a “natural person”
with at least 50% recorded
ownership interest
Palo Alto Unique
calculation,
similar to 3
months FMR
6 months Yes (no
corporations)
No None No Owner must be a “natural person”
San Jose Unique
calculation,
similar to 3
months FMR
7 days Yes Yes 120 days or 1 year for special
circumstances
Yes Owner must be a “fee owner” with
at least 50% recorded ownership
interest
Sunnyvale 3 months FMR 12 months No No None No Owner must be a “natural person”
with at least 25% recorded
ownership interest
Santa Clara
County
3 months FMR None No Yes 120 days or 1 year for special
circumstances
Yes Owner must be a “natural person”
with at least 50% recorded
ownership interest
Cupertino
(potential)
3 months FMR None No Yes 120 days or 1 year for special
circumstances
Yes Owner must be a “natural person”
with at least 50% recorded
ownership interest
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The primary mechanism to discourage no-fault evictions is the penalty landlords must pay to
their tenants. To strengthen this penalty and also ensure that tenants are adequately
compensated for the costs of relocation, it is common practice for City’s to increase the penalty
from one (1) month to three (3) months of Fair Market Rent. This increase will cover the
common costs of applying for a new lease in the market, as property managers often as for a
deposit equivalent to one month of rent, and the first and last month of rent to be paid up front.
Combined, this is equivalent to three (3) months of Fair Market Rent.
Table 3: 2026 Santa Clara County Fair Market Rent
Unit Size Studio 1 Bed 2 Bed 3 Bed 4 Bed 5 Bed 6 Bed
Fair Market Rent $2,621 $2,982 $3,483 $4,602 $5,010 $5,762 $6,513
3x $7,863 $8,946 $10,449 $13,806 $15,030 $17,286 $19,539
Additional components in the proposed policy expand beyond state law by removing
loopholes, adding protection, and clarifying vague definitions. Examples of closing loopholes
include: removing the twelve-month minimum tenancy requirement for the law to be appliable,
removing exemptions to the law for single family homes, townhomes, and condos, and adding
a restriction on using remodeling as a reason for eviction. Some additional protections include a
clear noticing requirement to tenants when a landlord withdraws their unit from the m arket
and adding protections for family members under the care of the tenant who are not on the
lease. Finally, a common feature of stronger tenant protection policies is defining eligible
property owners as natural persons who hold at least a 50% recorded ownership interest in the
property. This helps ensure that corporate -owned properties cannot claim exemptions under
the law.
Overall, this strategy would be effective in discouraging evictions and could help improve
outcomes for tenants facing displacement. The stronger penalty would help low-income tenants
rehome themselves while expanding the scope of protection would prevent landlords from
claiming exemption to the law. Education to landlords and tenants could be logistically
combined into the effort for monthly community outreach through Project Sentinel, while
enforcement of the law would be able to be done through City staff and Project Sentinel’s
landlord/tenant rent mediation program. Staff recommends that the Housing Commission
evaluate the draft ordinance (Attachment A) and recommend for approval to the City Council.
Other Policies
The other two policies identified by the Housing Commission were rent stabilization and
deposit/fee regulations. These policies require further study for legal defensi bility, financial
feasibility, and staff capacity. The findings for these items may be presented to the Housing
Commission at a future agendized meeting when additional analysis and comparative study is
complete. The overall status of these items is, “further study to commence”.
Sustainability Impact
None
Fiscal Impact
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8
None.
Environmental Impact
The item is a discussion before the Housing Commission of tenant protection policies and anti -
displacement programs for tenants residing in market rate units that would subsequently
require adoption by the City Council. The project is exempt from the California Environmental
Quality Act (CEQA) and the CEQA Guidelines subject to CEQA Guidelines Section 15061(b)(3),
since it can be seen with certainty that the activity has no possibility to result in a significant
effect on the environment.
Next Steps
If the recommendation of the Housing Commission is to pursue any of the identified strategies,
this would be the first of multiple public hearings. A future public hearing of the City Council
may be held to approve an eviction protection ordinance. This meeting may be held in summer
of 2027 with a date and time to follow.
Prepared by: Nicky Vu, Senior Housing Coordinator
Reviewed by: Luke Connolly, Assistant Director of Community
Development
Approved for Submission by: Benjamin Fu, Director of Community Development
Attachments:
A – Draft Housing Commission Resolution No. 26-XXXX
B – Letter from the Chair of the Housing Commission to City Council
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RESOLUTION NO. 26-___
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF
CUPERTINO RECOMMENDING APPROVAL OF AN ORDINANCE TO
AMEND CITY CODE TO CREATE TITLE 4: HOUSING REGULATIONS TO
ENACT JUST CAUSE EVICTION PROTECTIONS
________________________________________________________________________
WHEREAS, due to the limited supply of deed-restricted affordable
housing, low-income families in the City often reside in non-restricted units,
becoming disproportionately burdened by the costs of housing and are more
vulnerable to displacement due to rising rents and evictions; and
WHEREAS, residential tenants, and in particular low-income residential
tenants, who face displacement experience difficulties in finding new temporary
or permanent housing, and may require assistance through public services to
avoid homelessness due to the unanticipated needs occasioned by displacement.
The costs of displacement are borne by the community at the expense of
taxpayers; and
WHEREAS, preventing displacement and homelessness is therefore
beneficial to both the party receiving assistance and the community at large; and
WHEREAS, California Civil Code 1946.2 codifies the “just cause” eviction
protection provisions of the Tenant Protection Act of 2019 and expressly permits
local jurisdictions to adopt more protective eviction protection ordinances so long
as:
a. The local just cause for termination of a residential tenancy is consistent
with state law.
b. The local ordinance further limits the reasons for termination of a
residential tenancy, provides for higher relocation assistance amounts, or
provides additional tenant protections that are not prohibited by any other
provision of law.
c. The local government has made a binding finding within their local
ordinance that the ordinance is more protective that the provisions of state
law; and
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Resolution No. __________________
Page 2
WHEREAS, the 2023-2031 City of Cupertino Housing Element Strategy HE
3.3.6 (Tenant Protections) commits the City to study rent stabilization and tenant
protection ordinances to prevent displacement due to rising rents and evictions,
and to propose implementing ordinances to City Council; and
WHEREAS, on December 8, 2025, the Housing Commission held a study
session on potential anti-displacement programs and tenant protection policies to
address displacement due to rising rent and evictions and recommended that the
following strategies be included for further study and potential implementation:
expanded rent mediation, tenant legal services, eviction protections, rent
stabilization, and deposit/fee regulations; and
WHEREAS, on June 4, 2026, the Chair of the Housing Commission formally
requested via letter that the City Council add the study and potential
implementation of the aforementioned anti-displacement programs and tenant
protection policies as an ongoing City Work Plan item; and
WHEREAS, City Municipal Code does not currently have a reserved title
for local housing policy not related to zoning or land-use decisions.
NOW, THEREFORE, BE IT RESOLVED that the Housing Commission of
the City of Cupertino recommends that the City Council approve the ordinance as
described in Exhibit A.
BE IT FURTHER RESOLVED that the Housing Commission of the City of
Cupertino hereby:
This Resolution is not a project under the requirements of the California
Environmental Quality Act, together with related State CEQA Guidelines
(collectively, “CEQA”) because it has no potential for resulting in physical change
in the environment. In the event that this Resolution is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility that the
action approved may have a significant effect on the environment. CEQA applies
only to actions which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the
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Resolution No. __________________
Page 2
activity is not subject to CEQA. In this circumstance, the proposed action
(recommending approval of an ordinance) would have no or only a de minimis
effect on the environment because it has no potential for resulting in physical
change in the environment. The foregoing determination is made by the Housing
Commission in its independent judgment.
PASSED AND ADOPTED at a special meeting of the Housing Commission of the
City of Cupertino this 24th day of September 2024, by the following vote:
Vote Members of the Housing Commission
AYES:
NOES:
ABSENT:
ABSTAIN:
________
Usha Narayan, Chair, Housing
________________________
Date
__________________________________
Nicky Vu, Sr. Housing Coordinator
________________________
Date
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1
ORDINANCE NO. __________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CITY CODE TO UNRESERVE TITLE 4 TO CREATE TITLE 4:
HOUSING REGULATIONS TO ENACT JUST CAUSE EVICTION PROTECTIONS
The City Council of the City of Cupertino finds that:
1.WHEREAS, due to the limited supply of deed-restricted affordable housing, low-
income families in the City often reside in non-restricted units, becoming
disproportionately burdened by the costs of housing and are more vulnerable to
displacement due to rising rents and evictions; and
2.WHEREAS, residential tenants, and in particular low-income residential tenants,
who face displacement experience difficulties in finding new temporary or
permanent housing, and may require assistance through public services to avoid
homelessness due to the unanticipated needs occasioned by displacement. The
costs of displacement are borne by the community at the expense of taxpayers;
and
3.WHEREAS, preventing displacement and homelessness is therefore beneficial to
both the party receiving assistance and the community at large; and
4.WHEREAS, California Civil Code 1946.2 codifies the “just cause” eviction
protection provisions of the Tenant Protection Act of 2019 and expressly permits
local jurisdictions to adopt more protective eviction protection ordinances so long
as:
a.The local just cause for termination of a residential tenancy is consistent
with state law.
b.The local ordinance further limits the reasons for termination of a
residential tenancy, provides for higher relocation assistance amounts, or
provides additional tenant protections that are not prohibited by any other
provision of law.
Exhibit A
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Ordinance No. __________
Page 2
c. The local government has made a binding finding within their local
ordinance that the ordinance is more protective that the provisions of state
law; and
5. WHEREAS, the 2023-2031 City of Cupertino Housing Element Strategy HE-3.3.6
(Tenant Protections) commits the City to study rent stabilization and tenant
protection ordinances to prevent displacement due to rising rents and evictions,
and to propose implementing ordinances to City Council; and
6. WHEREAS, on December 8, 2025, the Housing Commission held a study session
on potential anti-displacement programs and tenant protection policies to address
displacement due to rising rent and evictions and recommended that the following
strategies be included for further study and potential implementation: expanded
rent mediation, tenant legal services, eviction protections, rent stabilization, and
deposit/fee regulations; and
7. WHEREAS, on June 4, 2026, the Chair of the Housing Commission formally
requested via letter that the City Council add the study and potential
implementation of the aforementioned anti-displacement programs and tenant
protection policies as an ongoing City Work Plan item; and
8. WHEREAS, City Municipal Code does not currently have a reserved title for local
housing policy not related to zoning or land-use decisions; and
9. WHEREAS, on September 24, 2026, by Resolution 2026-01, the Housing
Commission recommended on a (x-x) vote that the City Council adopt the
proposed local “just cause” eviction protection ordinance and establish Title 4 of
the Municipal Code Housing Regulations for housing policies not related to
zoning and land-use; and
10. WHEREAS, The City Council of the City of Cupertino held a duly noticed public
hearing on [date], and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived
the reading thereof.
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
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Ordinance No. __________
Page 3
SECTION 1. Adoption.
The Cupertino Municipal Code is hereby amended as set forth in Attachment A.
SECTION 2: Severability and Continuity.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every
other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of
this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause
or phrase of this ordinance is held invalid, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, the City Council declares that it would have adopted
the remaining provisions of this ordinance irrespective of such portion, and further
declares its express intent that the remaining portions of this ordinance should remain
in effect after the invalid portion has been eliminated. To the extent the provisions of
this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
SECTION 3: California Environmental Quality Act.
This Ordinance is not a project under the requirements of the California Environmental
Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because
it has no potential for resulting in physical change in the environment. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility that the action approved may have a significant effect on the
environment. CEQA applies only to actions which have the potential for causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance, the proposed action,
amendments to the City Code, would have no or only a de minimis effect on the
environment. The foregoing determination is made by the City Council in its
independent judgment.
SECTION 4: Effective Date.
This Ordinance shall take effect thirty days after adoption as provided by Government
Code Section 36937.
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Ordinance No. __________
Page 4
SECTION 5: Publication.
The City Clerk shall give notice of adoption of this Ordinance as required by law.
Pursuant to Government Code Section 36933, a summary of this Ordinance may be
prepared by the City Clerk and published in lieu of publication of the entire text. The
City Clerk shall post in the office of the City Clerk a certified copy of the full text of the
Ordinance listing the names of the City Council members voting for and against the
ordinance.
INTRODUCED at a regular [or special] meeting of the Cupertino City Council
on [date] and ENACTED at a regular meeting [cannot be enacted at a special meeting
unless urgency ordinance] of the Cupertino City Council on [date] by the following
vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
______________________
Kitty Moore, Mayor
City of Cupertino
________________________
Date
_______________________
Lauren Sapudar, City Clerk
________________________
Date
_______________________
Floy Andrews, Interim City Attorney
Aleshire & Wynder, LLP
________________________
Date
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Attachment A – Page 1
ATTACHMENT A – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO TO CREATE TITLE 4: HOUSING REGULATIONS TO ENACT JUST
CAUSE EVICTION PROTECTIONS
The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:
Text added to existing provisions is shown in bold double-underlined text (example)
and text to be deleted in shown in strikethrough (example). Text in existing provisions
is not amended or readopted by this Ordinance. Text in italics is explanatory and is not
an amendment to the Code.
Where the explanatory text indicates that a new section is being added to the City Code,
the new section is shown in plain text.
This ordinance amends several portions of the Municipal Code. For ease of review, the
amendments advancing the primary objective are presented first followed by conforming
amendments. There is a separate heading in bold italics for each portion of the Code
being amended. Each portion is shown beginning on a separate page.
1. Amendments to Title 4 establishing the purpose of the Title, definitions of terms
used, and administration.
TITLE 4: HOUSING REGULATIONS
CHAPTER 4.04: GENERAL PROVISIONS
4.04.010 Purposes
The purposes of this title shall be to promote housing affordability and stability
throughout the City, limit residential displacement, prevent homelessness, and further
the goals of the Housing Element through local regulation.
4.04.020 Conflict with other Regulations
Where this title imposes a greater protection than imposed or required by any other
law, title, ordinance, code, or other regulation, the provisions of this title shall apply.
4.04.030 Definitions
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Ordinance No. __________
Page 2
Housing Regulations - Just Cause Eviction
Protections- Page 2
Throughout this title the following words and phrases shall have the meanings ascribed
in this section.
a) “Government agency” includes but is not limited to the City and its departments and
officials.
b) “Just Cause” means the at-fault causes set forth in Civil Code Section 1946.2(b)(1) and
the no-fault causes set forth in Civil Code Section 1946.2(b)(2), with further limitations
for terminating residency described in section 4.12.050.
c) “Order to vacate” means any order, notice, or placard requiring that a unit be vacated
and/or determining that a unit is dangerous or unsafe to occupy.
d) "Owner" means any person, acting as principal or through an agent, having the right to
offer residential real property for rent, and includes a predecessor in interest to the
owner.
e) “Primary residence” means any dwelling or unit where a person regards as home and
has been physically present. A person may only have one (1) primary residence at any
given time. Evidence of a person’s primary residence includes, but is not limited to,
documentation from income tax statements or a driver’s license. If a residential real
property has multiple dwelling units, including accessory dwelling units or apartment
complex, each dwelling and accessory dwelling unit shall be considered a separate
residence occupied by separate households, subject to any primary residence
requirement. Any absence from a residential real property for a period of sixty (60) or
more consecutive days shall be deemed a failure to meet a primary residence
requirement.
f) “Residential real property” means any dwelling or unit that is intended for human
habitation, including any dwelling or unit in a mobile home park.
g) “Tenancy” means the lawful occupation of residential real property and includes a lease
or sublease.
h) “Tenant” means each person who occupies a dwelling unit as their residence, with or
without charge, which dwelling unit is owned and leased by another person who has
consented to the occupation. Tenant shall also include each person or persons who
receive the housing in exchange for all or part of their labor and any family members
who lawfully reside in the unit under terms of tenancy or with the knowledge and/or
consent of the owner or the owner’s agent.
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Ordinance No. __________
Page 3
Housing Regulations - Just Cause Eviction
Protections- Page 3
i) “Unit” means any dwelling, structure, or room which is the permanent or customary
and usual residence of a tenant.
j) “Special Circumstance Household” means a tenant household of residential real
property with any of the following characteristics:
a. At least one (1) member is sixty-two (62) years of age or older.
b. At least one (1) member qualifies as disabled as defined by Title 42, United States
Code, Section 423 or handicapped as defined by California Health and Safety
Code Section 50072.
c. A household with one (1) or more minor children (under eighteen (18) years of
age) who are legally dependent (as determined for federal income tax purposes).
d. A household that has occupied their unit as their primary residence for five (5) or
more consecutive years.
k) “Substandard, unsafe, and/or hazardous condition” means any condition not in
conformity with the standards contained in the Health and Safety Code; the Uniform
Housing Code, California Mechanical Code, California Plumbing Code, Uniform Fire
Code, Uniform Building Code, California Electrical Code, and other codes as adopted by
the City; and/or other City and State laws and regulations.
l) “Substantially repair” or “substantial repairs” means repairs to a unit that cannot be
reasonably accomplished in a safe manner that allows the tenant to remain living in the
unit and that requires the tenant to vacate the unit for at least thirty (30) consecutive
days, including (1) the replacement or substantial modification of any structural,
electrical, plumbing, or mechanical system that requires a permit from a governmental
agency, or (2) the abatement of hazardous materials, including lead-based paint, mold,
or asbestos, in accordance with applicable federal, state, and local laws. Cosmetic
improvements alone, including painting, decorating, and minor repairs, or other work
that can be performed safely without having the unit vacated, do not qualify as
substantial repairs.
4.04.035 Definitions Consistent with Title 19
The meaning of words and phrases used in this title that are not explicitly defined in
section 4.04.030 will have the same meaning as defined in section 19.08.030.
4.04.040 Remedies Cumulative
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Ordinance No. __________
Page 4
Housing Regulations - Just Cause Eviction
Protections- Page 4
All remedies provided for in this title shall be cumulative and not exclusive.
4.04.050 Penalties for Violations
Any person, firm, or corporation violating any provision of this title is guilty of a
misdemeanor punishable as prescribed by Chapter 1.12 of the City’s Ordinance Code.
CHAPTER 4.08: ADMINISTRATION
4.08.010 Purpose and Intent
The purpose and intent of the Administration chapter is to establish procedures for the
execution of this title and the process for appeals of any requirement, decision, or
determination made.
4.08.020 Authority of the Director of Community Development
Subject to the provisions of this chapter and the general purpose and intent of this title,
the authority of the Director of Community Development, or delegated authority, is as
follows:
a) Enact the provisions of this title and apply penalties for violations.
b) Make reasonable interpretations of the regulations and provisions of this title, and any
chapter therein, consistent with the legislative intent. Persons aggrieved by an
interpretation of the Director of Community Development may petition the Housing
Commission in writing for review of the interpretation.
c) May refer an enforcement issue of the title to the Housing Commission for review,
decision, or recommendation.
d) May refer an enforcement issue of the title to the City Attorney for enforcement and
legal remedy.
4.08.030 Authority of the City Attorney
Subject to the provisions of this chapter and the general purpose and intent of this title,
the authority of the City Attorney, or delegated authority, is as follows:
a) The authority and power to enforce this title.
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b) Authorization to file a civil action on behalf of the City to enjoin any violation(s) of this
title and to obtain money damages, injunctive relief, applicable penalties and fines, costs,
reasonable attorney’s fees, or other appropriate relief. Upon showing that the owner has
acted willfully or with oppression, fraud, or malice, the owner shall be liable for up to
three (3) times the actual damages.
4.08.040 Authority of the Housing Commission
Subject to the provisions of this chapter and general purpose and intent of this title, the
authority of the Housing Commission is as follows:
a) Decide on appeals of decisions or issues referred by the Director of Community
Development pursuant to Section 4.08.020 (b) & (c)
b) Make recommendations to City Council on amendments to the title as the
recommending body.
c) May refer an enforcement issue of the title to the City Council for review or decision.
4.08.050 Authority of the City Council
Subject to the provisions of this chapter and general purpose and intent of this title, the
authority of the City Council is as follows:
a) Decide on issues referred by the Housing Commission pursuant to Section 4.08.040 (c)
2. Amendments to Title 4 establishing Just Cause eviction protections
CHAPTER 4.12: JUST CAUSE EVICTION PROTECTIONS
4.12.010 Purpose
The purpose of this chapter is to restate, and expand upon, the just cause eviction
protections and relocation assistance requirements in Assembly Bill 1482, to make the
protections permanent in the City of Cupertino, to affirm that tenants are entitled to a
contractual relationship with a landlord that offers stability and fair treatment and
minimizes displacement, and to ensure that adequate relocation assistance is available
to tenants who face eviction through no fault of their own.
4.12.020 Findings
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Pursuant to Civil Code Section 1946.2(g)(1)(B), the City Council hereby makes the
following binding findings within this chapter that this chapter and title is more
protective than the provisions of Civil Code Section 1946.2 because:
a) The just causes for termination of a residential tenancy under this chapter and title are
consistent with Civil Code Section 1946.2, and such provisions related to just cause are
incorporated by reference into this chapter; and
b) This chapter applies eviction protections more broadly to residential real properties,
further limits the reasons for termination of a residential tenancy, provides for higher
relocation assistance amounts than those available to tenants covered by Civil Code
Section 19456.2, and provides additional tenant protections that are not prohibited by
any other provision of law.
As provided in Civil Code Section 1946.2(g)(2), a residential real property shall not be
subject to both a local ordinance requiring just cause for termination of a residential
tenancy and Civil Code Section 1946.2. This chapter incorporates Civil Code Section
1946.2 by reference with the intent that the protections of Civil Code Section 1946.2 be
extended to apply to residential tenants covered by Civil Code Section 1946.2, as well as
to a broader scope of residential real properties; to increase the amount of relocation
benefits available to tenants; and that those provisions of this chapter which differ from
Civil Code Section 1946.2 supplement and are more protective of residential tenants
than Civil Code Section 1946.2.
4.12.030 Exemptions
All residential real property shall be protected by this chapter with the exception of
residential real properties or residential circumstances referenced in Civil Code Section
1946.2(e)(1) through (6) and (8) through (9).
4.12.040 Notice to Tenant
An owner of residential real property subject to this chapter shall provide notice of the
applicability of this chapter to the tenant as follows:
a) As an addendum to the rental agreement or as a written notice signed by the tenant to
confirm receipt, with a copy provided to the tenant.
b) The notification or lease provision shall be in no less than 12-point type, and shall include
the following: “Your tenancy is protected by Chapter 4.12 of the City of Cupertino
Municipal Code, which provides that your landlord must provide a statement of cause in
any notice to terminate your tenancy and, under certain circumstances, must provide a
relocation assistance payment or rent waiver upon termination. See Chapter 4.12 of the
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City of Cupertino Municipal Code for more information and visit the City’s website for
additional resources, including referrals for suspected violations.”
c) For units subject to Civil Code section 1947.12, the notification or lease provision shall
also include the following notification or lease provision in no less that 12-point type:
“California law limits the amount your rent can be increased. Section 1947.12 of the Civil
Code for more information.”
d) If the tenant’s rental agreement was negotiated primarily in a language other than
English, then the owner shall provide an accurate translation of the notice required by
this section in the language in which the rental agreement was negotiated.
4.12.045 Notice of Termination
Before an owner of residential real property issues a notice to terminate a tenancy for at-
fault just cause based on a curable lease violation, the owner shall first give notice of the
violation to the tenant with a reasonable opportunity, which shall not be less that three
(3) days excluding Saturdays and Sundays and other judicial holidays, to cure the
violation pursuant to Code of Civil Procedure section 1161(3). If the violation is not
cured within the time period set forth in the notice, a three-day notice to quit without an
opportunity to cure may thereafter be served to terminate the tenancy. If the tenant’s
rental agreement was negotiated primarily in a language other than English, then the
owner shall provide an accurate translation of the notice of violation in the language in
which the language in the rental agreement was negotiated. In addition to any
information required by state or federal law, each notice of termination subject to this
chapter must include the following:
a) The name and address of the owner where the owner will accept service of process.
b) The address of the unit.
c) The intended final date of occupancy under the tenancy.
d) The monthly rent applicable to the tenancy upon delivery of the notice, and, if applicable,
the date on which the final monthly rent is due.
e) At least one (1) applicable cause for which the tenancy will be terminated, in accordance
with section 4.12.050 of this chapter, stating with specificity the basis on which the owner
seeks to terminate the tenancy.
f) Notice of the tenant’s right to a relocation assistance payment or rent waiver pursuant to
this chapter in the event of a termination for no-fault just cause. If the owner elects to
waive the rent for the final three (3) or four (4) months of the tenancy as provided in
section 4.12.060, as applicable, the notice shall state the amount of rent waived and that
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no rent is due for the final three (3) or four (4) months of the tenancy. If the owner instead
elects to provide direct relocation assistance as provided in section 4.12.060, the notice
shall state the amount of relocation assistance owed to the tenant and the date by which
payment will be made.
g) Notice of the tenant’s right of first refusal pursuant to section 4.12.070 and the owner’s
current residential or business address and telephone number in the event of a
termination for compliance with a government order or for substantial repairs pursuant
to section 4.12.050.
h) A written notice terminating a tenancy to carry out substantial repairs pursuant to
section 4.12.050 shall also include the information specified in Civil Code section
1946.2(b)(2)(D)(iv).
i) A written notice terminating a tenancy for owner move-in pursuant to section 4.12.050
shall also contain the name or names of the intended occupant and their relationship to
the owner. The written notice shall additionally include notification that the tenant may
request proof that the intended occupant is an owner or related to the owner. The proof
shall be provided upon request.
j) If the tenant’s rental agreement was negotiated primarily in a language other than
English, then the owner shall provide an accurate translation of the notice of termination
in the language in which the rental agreement was negotiated.
k) Each notice of termination must be delivered to the tenant in accordance with Civil Code
sections 1946 and 1946.1, as applicable.
4.12.050 Just Cause Required for Termination of Tenancy by Owner
Notwithstanding any other law, an owner of any residential real property shall not take
any action to terminate any tenancy or be granted recovery of possession of any
residential real property without just cause, which shall be stated in the written notice
to terminate the tenancy. Actions to terminate a tenancy include, but are not limited to,
making a demand for possession, threatening to terminate a tenancy orally or in
writing, serving any notice to quit or other eviction notice, or bringing any action to
recover possession. For the purposes of this chapter, “just cause” includes either of the
following:
a) At-fault just cause, which includes any of the following:
i. Default in the payment of rent
ii. A breach of a material term of the lease, as described in paragraph (3) of Section
1161 of the Code of Civil Procedure, except the obligation to surrender
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possession on proper notice as required by law, provided that such terms are
reasonable and legal and have been accepted in writing by the tenant. However,
the following potential violations of a lease can never be considered violations of
a material term for the purposes of this chapter:
a. A failure by the tenant to limit occupancy when the additional tenant or
tenants who join the tenant household are a dependent child or foster child, a
minor in the tenant’s care, the spouse, domestic partner, or parent of a tenant;
so long as the total number of tenants in the unit does not exceed the greater
of either the maximum number of individuals authorized in the rental
agreement or the maximum number of individuals authorized under
applicable health, safety, and habitability codes and laws.
b. A tenant’s sublease of the rental unit if the following requirements are met:
1. The tenant continues to reside in the rental unit as their primary
residence;
2. The sublessee replaces one or more departed tenants under the rental
housing agreement on a one-for-one basis;
3. The owner has unreasonably refused to replace one or more departed
tenants under the rental housing agreement and unreasonably
withheld the right to sublease following written request by the tenant.
iii. Maintaining, committing, or permitting the maintenance or commission of a
nuisance as described in paragraph (4) of Section 1161 of the Code of Civil
Procedure.
iv. Committing waste as described in paragraph (4) of Section 1161 of the Code of
Civil Procedure.
v. The tenant had a written lease that terminated on or after January 1, 2027, and
after a written request or demand from the owner, the tenant has refused to
execute a written extension or renewal of the lease for an additional term of
similar duration with similar provisions, provided that those terms do not
violate this chapter or any other provision of law.
vi. Criminal activity by the tenant on the residential real property, including any
common areas, or any criminal activity or criminal threat, as defined in
subdivision (a) of Section 422 of the Penal Code, on or off the residential real
property, that is directed at any owner or agent of the owner of the residential
real property.
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vii. The tenant has continued, after the owner has served the tenant with written
notice to cease, and without good cause, to refuse to grant the owner reasonable
access to the rental unit as required by state or local law.
viii. Using the premises for an unlawful purpose as described in paragraph (4) of
Section 1161 of the Code of Civil Procedure.
ix. The employee, agent, or licensee’s failure to vacate after their termination as an
employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the
Code of Civil Procedure.
x. When the tenant fails to deliver possession of the residential real property after
providing the owner written notice as provided in Section 1946 of the tenant’s
intention to terminate the hiring of the real property, or makes a written offer to
surrender that is accepted in writing by the owner, but fails to deliver possession
at the time specified in that written notice as described in paragraph (5) of
Section 1161 of the Code of Civil Procedure.
b) No-fault just case, which includes any of the following:
i. The owner seeks, after providing written notice to the tenant pursuant to state
law, to recover possession of the residential real property in good faith for use
and occupancy as a primary residence by the owner, or the owner’s spouse,
domestic partner, children, grandchildren, parents, or grandparents for a
minimum of twelve (12) continuous months as that person’s primary residence
provided that the owner is a natural person and satisfies the ownership
requirements specified in Civil Code section 1946.2(b)(2)(A). The intended
occupant shall move into the unit within ninety (90) days after the tenant vacates
and occupy the unit as a primary residence for at least twelve (12) months. This
subparagraph does not apply if the intended occupant occupies a rental unit on
the property or if a vacancy of a similar unit already exists at the property. For
leases entered into on or after January 1, 2027, this subparagraph (b)(i) shall
apply only if the tenant agrees, in writing, to the termination or if a provision of
the lease allows the owner to unilaterally terminate the lease if the owner, or
their spouse, domestic partner, children, grandchildren, parents, or
grandparents, decides to occupy the residential real property. Addition of a
provision allowing the owner to terminate the lease as described in this clause to
a new or renewed rental agreement or fixed-term lease constituted addition of a
similar provision for the purposes of section 4.12.050(a)(v).
ii. The owner seeks in good faith to recover possession to withdraw all units of an
entire residential real property from the rental market after providing a
minimum notice of one hundred twenty (120) days written notice to all tenants of
the residential real property and a minimum of one (1) year written notice to all
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tenants that are at least sixty-two (62) years old disabled, as that term is defined
by Government Code 12955.3
iii. The owners seeks, after providing written notice to the tenant pursuant to state
law, to recover possession of the residential real property in good faith to comply
with any of the following:
a. An order issued by a government agency or court relating to habitability that
necessitates vacating the residential real property.
b. An order issued by a government agency or court to vacate the residential
real property.
c. A local ordinance that necessitates vacating the residential real property.
If it is determined by any government agency or court that the tenant is at fault
of the condition or conditions triggering the order or need to vacate under this
clause, the tenant shall not be entitled to relocation assistance as outlined in this
chapter.
iv. The owner, having obtained all necessary permits from the City, and having
provided written notice to the tenant pursuant to state law, seeks in good faith to
recover possession of the residential real property to undertake substantial
repairs, as that term is defined in section 4.04.030, that are necessary to bring the
property into compliance with applicable codes and laws affecting the health and
safety of tenants of the building. For the purposes of this subparagraph, a tenant
is not required to vacate the residential real property on any days where a tenant
could continue living in the residential real property without violating health,
safety, and habitability codes and laws. Any written notice terminating a tenancy
pursuant to this subparagraph shall include the information required under Civil
Code section 1946.2(b)(2)(D)(iv).
v. The owner, having obtained all necessary permits from the City, and having
provided a minimum of one hundred twenty (12) days written notice to all
tenants of the residential real property and a minimum of one (1) year written
notice to all tenants that are senior or disabled, as those terms are defined in
Government Code section 12955.3, seeks in good faith to recover possession of
the residential real property to remove the residential real property permanently
from rental housing use through demolition.
4.12.060 Relocation Assistance Required for Termination of Tenancy Based on No-Fault
Just Cause
a) For a tenancy for which just cause is required to terminate the tenancy under this
chapter, if an owner of residential real property issues a termination notice based on a
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no-fault just cause described in section 4.12.050 the owner shall, regardless of the
tenant’s income, provide a full refund of a tenant’s security deposit, except for funds
that may be necessary to repair tenant’s damage to property, and do one of the
following:
i. Assist the tenant or tenants by providing a direct payment to the tenant
household in an amount equal to three (3) months of “Fair Market Rent” for the
unit according to the “Small Area Fair Market Rents” schedule for the zip code in
which the unit is located, as published by the United States Department of
Housing and Urban Development and in effect when the owner issued the notice
to terminate the tenancy. Special circumstance households will be paid one (1)
additional month of rental assistance for a maximum payment equivalent for
four (4) months of rent using the same calculation method. The direct payment
shall be provided to the tenant within fifteen (15) calendar days of service of the
notice of termination but no later than the intended final date of occupancy listed
on the notice and, if applicable, no later than the date by which tenant must
vacate under an order to vacate issued by a government agency or court.
ii. Waive in writing the payment of rent for the final three (3) months the tenancy,
prior to the rent becoming due. For Special circumstance households, the
payment for final four (4) months of the tenancy must be waived to fulfill this
particular requirement.
b) The relocation assistance payment or rent waiver required by this section shall be
credited against any other relocation assistance required by any other law.
c) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall
notify the tenant of the tenant’s right to relocation assistance or rent waiver pursuant to
this chapter. If the owner elects to waive the rent of the final three (3) or four (4) months
of tenancy as provided in paragraph (a)(ii) of this section, the notice to terminate shall
state the amount of rent waived and that no rent is due for the final three (3) or four (4)
months of the tenancy. If the owner instead elects to provide direct relocation assistance
as provided in paragraph (a)(i) of this section, the notice to terminate shall state the
amount of relocation assistance owed to the tenant and the date and method by which
the payment will be made. If the owner credits the rent waiver or relocation assistance
payment against any other relocation assistance required by any other law, the notice to
terminate shall state the amount of credit and the law against which the credit applies.
d) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, an
amount up to the actual amount of any relocation assistance or rent waiver provided
pursuant to this section shall be recoverable by the owner in an action to recover
possession. This section does not limit other damages that may be recoverable by owner.
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4.12.065 Relocation Assistance Required Upon Order to Vacate Due to Substandard,
Unsafe, and/or Hazardous Conditions
a) Whenever any tenant must vacate a unit in response to a government agency issuing an
order to vacate due to a substandard, unsafe, and/or hazardous condition, the owner
shall comply with the requirements of this section. In addition to the residential real
properties subject to this chapter, this section shall apply to the properties or residential
circumstances referenced in Civil Code Section 1946.2(e)(6) and (8) through (9).
b) The requirements of this section do not apply if:
i. Each substandard, unsafe, and/or hazardous condition that is a basis for the
order to vacate is created by a fire, flood, earthquake, or other extraordinary
event that is beyond the control of the owner, provided:
1. The actions or omissions of the owner or the owner’s agents did not
contribute to the event’s impact on the unit; and
2. The tenant was not already entitled to relocation assistance under the
provisions of this chapter at the time of the event.
c) A tenant who vacates a unit due to an order to vacate issued by a government agency
due to a substandard, unsafe, and/or hazardous condition shall receive a full refund of
the tenant’s security deposit, except for funds that may be necessary to repair tenant’s
damage to property, and the following relocation assistance from the owner:
i. The owner shall provide the tenant with a direct payment in an amount equal to
three (3) months of “Fair Market Rent” for the unit according to the “Small Area
Fair Market Rents” schedule for the zip code in which the unit is located, as
published by the Untied States Department of Housing and Urban Development
and in effect when the government agency issued the order to vacate. Special
circumstance households will be paid one (1) additional month of rental
assistance for a maximum payment equivalent for four (4) months of rent using
the same calculation method. The direct payment shall be provided to the tenant
no later than the date by which the tenant must vacate under the order to vacate
or, if the owner issues a notice of termination based on the order to vacate,
within fifteen (15) calendar days of service of a notice of termination, whichever
is earlier. If the owner has already paid relocation assistance or waived rent in
compliance with section 4.12.060, the owner is not required to make additional
payment of relocation assistance pursuant to this paragraph.
ii. An owner shall, in addition to making the required relocation assistance
payment, refund paid rent as follows:
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1. If the order to vacate requires that a tenant vacate the unit prior to the
date through which the tenant has already paid rent, the owner shall
refund the tenant on a pro-rata basis for the days which the tenant has
paid rent but cannot occupy the unit under the order to vacate. (For
example, if the tenant has already paid rent for the month of April and an
order to vacate requires the tenant to vacate on April 15, the owner shall
refund the tenant half the rent paid for April because the tenant cannot
occupy the unit from April 16 through April 30 under the order to
vacate.)
2. The owner shall refund the rent no later than the date by which the tenant
must vacate under the order to vacate.
3. The amount of any rent refunded shall be stated in the notice of
termination required by section 4.12.045.
d) As an alternative to the provisions of paragraph (c) of this section, an owner and a
tenant may agree to continue the tenancy relationship by transferring the tenant to an
adequate and legal substitute unit for the entire period that the tenant is required to
vacate the original unit. Acceptance of a substitute unit is at tenant’s option and the
tenant’s refusal to accept a substitute unit does not relieve the owner of their obligation
to make direct relocation assistance payments under paragraph (c) of this section. The
substitute unit shall be provided at no additional expense to the tenant. In addition, the
owner shall pay all reasonable costs of the tenant’s relocation to and from the substitute
housing, including reasonable packing and moving costs.
i. The substitute unit shall be free of substandard, unsafe, and/or hazardous
conditions and shall consist of an equivalent or better size and type of unit in a
location of equivalent or better convenience to the tenant, as determined by the
tenant.
ii. Once the order to vacate the original unit is lifted and the original unit is deemed
safe to occupy by a government agency, the owner shall either allow the tenant
to remain in the substitute unit or return to the original unit, at the tenant’s
option.
iii. It shall be unlawful for the owner to increase the amount of rent owed by the tant
or impose new or increased fees, either for the substitute unit or after return to
the original unit, until at least one (1) year after the date that the tenant transfers
to a substitute unit or ninety (90) days after a government agency lifts the order
to vacate and deems the original unit safe to occupy, whichever is sooner.
iv. Before transferring the tenant to an agreed upon substitute unit, the owner shall
provide a notice to the tenant that includes the following information:
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1. The name and contact information of the owner.
2. A copy of the order to vacate issued by the government agency.
3. The address of the unit to be vacated.
4. The address of the agreed upon substitute unit.
5. The date(s) on which the tenant shall transfer from the unit subject to the
order to vacate to the agreed upon substitute unit.
6. The monthly rent applicable to the tenancy at the time of issuance of the
order to vacate by the government agency.
7. A statement that the owner may not increase the amount of rent owed by
the tenant (either for the substitute unit or after return to the original
unit) until at least one (1) year after the date that the tenant transfers to
the substitute unit or ninety (90) days after a government agency lifts the
order to vacate and deems the original unit safe to occupy, whichever is
sooner.
8. A statement that the owner will pay all costs of the tenant’s relocation to
the substitute housing, and an explanation of how such costs will be paid
by the owner.
v. Any subsequent action by the owner to terminate the tenancy is subject to the
just cause and other provisions of this chapter, including relocation assistance
requirements.
4.12.070 Right of First Refusal
a) Any tenant evicted or required to vacate any unit for compliance with a government
order pursuant to section 4.12.050(b)(iii) or substantial repairs pursuant to section
4.12.050(b)(iv) shall be given the right of first refusal to reoccupy a unit on the site. To
the extent that the unit can legally accommodate the displaced tenant, the right of first
refusal shall be applicable within one hundred eighty (180) days of the date that such
unit becomes habitable, or replacement rental or employee housing is developed on the
site.
i. The owner of such unit shall, in the notice of termination, advise the tenant of the
right of first refusal option. Said notice shall include the owner’s current
residential or business address and telephone number.
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ii. At the time the tenant vacates, the owner shall request that the tenant provide
the owner with their current address and telephone number, which the owner
will use for future notification.
iii. Thereafter, when such unit has been rehabilitated, or replacement housing on the
same site becomes habitable, the owner shall give written notice to the tenant
advising such tenant that the unit is ready for occupancy. Such notice shall be
made by certified mail, return receipt requested, to the address provided by the
tenant. Such notice shall be provided in the same language as the original written
rental agreement.
iv. If the tenant does not respond to the notice within 14 days of the notice, or the
owner is unable to locate the tenant upon the owner’s good faith effort to locate
the tenant, or the tenant refuses to provided their current address and telephone
number when requested by the owner for the purposes of notice under this
section, the owner shall be deemed to have complied with this section, and the
tenant’s right of first refusal shall be forfeited.
b) Any tenant evicted or required to vacate any unit for owner move-in pursuant to section
4.12.050(i) shall be given the right of first refusal to reoccupy a unit on the site under the
following circumstances.
i. If the intended occupant fails to occupy the unit within ninety (90) days after the
tenant vacates or fails to occupy the unit as their primary residence for at least
twelve (12) consecutive months, the owner shall offer the unit to the tenant who
vacated it at the same rent and lease terms in effect at the time the tenant vacated
and shall reimburse the tenant for reasonable moving expenses incurred in
excess of any relocation assistance that was paid to the tenant in connection with
the written notice.
ii. If the intended occupant moves into the rental unit within ninety (90) days after
the tenant vacates, but dies before having occupied the unit as a primary
residents for twelve (12) months, as required by section 4.12.050(i), this will not
be considered a failure to comply with this section or a material violation of this
chapter by the owner.
iii. For a new tenancy commenced during the twelve (12) months after the tenant
vacates pursuant to section 4.12.050(i), the accommodations shall be offered and
rented or leased at the lawful rent in effect at the time of any notice of
termination of tenancy is served.
4.12.080 Waiver of Rights
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Any waiver or purported waiver by a tenant of rights granted under this chapter prior
to the time when such rights may be exercised shall be void as contrary to public policy.
It shall be unlawful for an owner to attempt to seek to waive, or to waive, in a written or
oral rental agreement, the rights granted a tenant under this chapter prior to the
execution of, or as a condition of entering into or extending, a written or oral rental
agreement. Notwithstanding the foregoing prohibitions in this section, this chapter
shall not expand or limit an owner and tenant’s ability to negotiate or agree to end a
tenancy voluntarily in exchange for money or other consideration.
4.12.085 Anti-Retaliation Provision
An owner is prohibited from retaliating against a tenant for lawfully and peaceably
exercising their legal rights granted by this chapter. No owner may take any action
increasing any rental amount or reducing any service to cause the tenant to
involuntarily quit the premises because of the tenant’s use of any remedy provided by
this chapter. Owners may not discriminate against the tenant, terminate any tenancy, or
otherwise recover possession of a residential real property in retaliation for the tenant
reporting violations of this chapter or health, safety, and habitability codes and laws.
Similarly, owners may not retaliate against tenants for forming or participating in a
tenant organization. For the purposes of this chapter, actions to terminate any tenancy
or otherwise recover possession of a residential real property shall include disclosing or
threatening to disclose to immigration authorities information regarding the
immigration or citizenship status of any tenant or any individual known by the owner
to be associated with the tenant. This chapter does not prohibit a landlord from
complying with any legal obligation under federal law.
4.12.090 Enforcement
In the event of a violation of this chapter, a residential tenant may institute a civil
proceeding for injunctive relief, money damages, and whatever other relief the court
deems appropriate. The remedy available under this section shall be in addition to any
other existing remedies which may be available to the residential tenant under local,
county, state or federal law. In addition, this chapter grants the following penalties and
remedies for violations:
a) An owner’s failure to comply with any provision of this chapter shall render the written
termination notice void.
b) An owner’s failure to comply with this chapter, including but not limited to the
identification of an applicable cause for termination and delivery of a completed notice
of termination as described in section 4.12.050 in accordance with section 4.12.045, shall
be an affirmative defense to an unlawful detainer action by an owner.
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Ordinance No. __________
Page 18
Housing Regulations - Just Cause Eviction
Protections- Page 18
c) If an owner fails to timely pay any relocation assistance payments required under
section 4.12.060 or section 4.12.065 by the deadlines set forth in those sections, then the
amount of relocation assistance due to the tenant household shall increase by $100 for
each day that the payment is overdue, until paid by the owner, up to a maximum of
double the amount of relocation assistance due under section 4.12.060 or section
4.12.065. If the applicable cause for termination given by the owner is to complete
substantial repairs or demolition, and the owner has failed to timely pay relocation
assistance payments required, the Community Development Director may withhold
issuing or scheduling the applicable permits, certificates, or inspections until the
required payment and any additional penalty is paid to the tenant.
d) Whenever an owner attempts to prevent a tenant from acquiring any rights under this
chapter, retaliates against a tenant or tenant household for the exercise of any rights
under this chapter, engages in activities prohibited under this chapter, or otherwise
violates this chapter, the tenant or tenant household may institute a civil proceeding for
money damages or injunctive relief, or both. This section creates a private right of action
to enforce all terms, rights, and obligations under this chapter. Whoever is found to have
violated this chapter shall be subject to appropriate injunctive relief and shall be liable
for damages, costs, and reasonable attorneys’ fees, and whatever other relief the court
deems appropriate. Upon a showing that the owner has acted willfully or with
oppression, fraud, or malice, the owner shall be liable for up to three (3) times the actual
damages. An award may also be entered for punitive damages for the benefit of the
tenant against the owner.
e) Any tenant may bring a civil action to determine the applicability of this chapter to the
tenancy.
f) Nothing herein shall be deemed to interfere with the right of an owner to file an action
against a tenant or non-tenant third party for the damage done to said owner’s property.
Nothing herein is intended to limit the damages recoverable by any party through a
private action.
g) The remedies and penalties provided for in this chapter shall be in addition to any other
available remedies and penalties provided for by the City Municipal Code or other law.
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HOUSING COMMISSION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308
CUPERTINO.GOV
Date: June 4, 2026
To: Cupertino City Council
From: Usha Narayan, Chair, Housing Commission
Re: Inclusion of tenant protection and anti-displacement policies into the City Work Plan
(CWP) under the Housing priority.
To the Honorable Mayor Moore and City Council; during a public meeting on December
8, 2025, the Housing Commission held a study session on programs and policies to
address displacement caused by evictions and rising rents in accordance with Housing
Element Strategy HE-3.3.6. Unlike previous actions that have been taken to prevent renter
displacement in the Below Market Rate (BMR) program, this type of displacement is faced
by low-income renters in market-rate units, who are affected by fluctuations in rental rates
and commonly face eviction due to non-payment of rent. Low-income households are
disproportionately rent burdened and have limited options for finding alternative
housing and are therefore more likely to face homelessness due to high rent increases. The
Housing Commission received a presentation from staff on potential actions to address
displacement, and after deliberation, voted in favor (4-0-0-0) of expanding one existing
rent mediation program, adding one new tenant legal service program, and exploring
three potential ordinances for providing local protections to vulnerable households.
While the housing programs to assist low-income renters are able to be identified and
recommended for funding by the Housing Commission through the annual housing
program Notice of Funding Available (NOFA) process, the ordinances must be proposed
to, and approved by, the City Council. To ensure that the City is able to adopt a policy
that is aligned with regional and state housing laws, the Housing Commission finds it
prudent to assess each proposed policy individually prior to their proposal to the City
Council. The Housing Commission will be assessing legal defensibility, financial
feasibility, and staff capacity for implementation, as well as ensuring that the proposed
ordinances are consistent with the Housing Commission’s policy goals. To achieve this,
the Housing Commission is requesting that the City Council add the further study and
proposal for the three potential tenant protection ordinances to the CWP for the remainder
of the 2023-2031 Housing Element planning period. This action will satisfy the Housing
Element requirement to propose a tenant protection implementation plan to the Council
in June 2026. The proposed CWP item is as follows:
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Table 1: Proposed City Work Plan Item
# Project Title Project Description Council
Goal
Est budget
(Not
including
Project
Size
Lead
Depart
ments
Estimated
Timeline
Protection
Implementation
Plan
through the annual housing funding process such as rent mediation
and tenant legal services.
20.2 Study, draft, and propose potential low-income tenant protection
ordinances such as eviction protections, rent stabilization, and/or
deposit/fee regulations
start
3 end
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This action will both demonstrate the City’s progress in meeting the policy requirements
of the Housing Element while also providing staff the necessary timeline to study
neighboring jurisdictions for best practices, draft the ordinance, propose to the Housing
Commission, solicit community feedback, revise the ordinance as necessary, and then
bring the policy to the City Council for adoption. As an ongoing CWP item, staff will be
able to fit this task into the existing workload without impacting other project deadlines.
Thank you for your time and consideration for this matter.
Sincerely,
Usha Narayan
Chair, Housing Commission
UNarayan@cupertino.gov
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CITY OF CUPERTINO
Agenda Item
Subject: Upcoming Draft Agenda Items
CITY OF CUPERTINO Printed on 9/18/2026Page 1 of 1
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HOUSING COMMISSION
UPCOMING DRAFT AGENDA ITEMS
October 22, 2026
‐ Outreach of City services for low‐income people (Tentative)
Subject to Change. Chair and Staff Liaison coordinate on Commission agendas.
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