Monte Sereno, Cal., Code of Ordinances ch. 9.09 § 9.09.040
Exemptions
Operative Text
A. An owner shall not be required to provide relocation assistance under this chapter if any of the following conditions are demonstrated: 1. A tenant or a guest or invitee of the tenants: a. Caused or substantially contributed to the substandard conditions cited in the notice of violation; or b. Constructed, used or occupied a unit whose existence, use or occupancy is unlawful, as cited in a notice of violation, without the actual or implied consent or knowledge of the owner or agent of the owner; or 2. The tenants are displaced as a direct result of a natural disaster, as such term is defined in Government Code Section 8680.3 and a. The City determines that the actions or omissions of the owner or owner's agent did not contribute to the disaster's impact on the unit; and b. The tenants were not already entitled to relocation assistance under the provisions of this chapter at the time of the disaster; or 3. The tenants are displaced as a result of a lawful eviction. B. The owner shall have the burden of proving that any exemption in this section is applicable.
Monte Sereno Code of Ordinances ch. 9.09 § 9.09.040 establishes specific circumstances under which a landlord is not obligated to pay relocation assistance to displaced tenants. These exemptions apply when the tenant or their guests caused the substandard conditions, when the tenant unlawfully constructed or occupied a unit without the owner's knowledge or consent, when displacement results from a natural disaster that the owner did not contribute to, or when the displacement stems from a lawful eviction. Importantly, the burden of proving that any exemption applies falls on the owner, not the tenant.
Plain English — not legal advice.
Under Monte Sereno Code of Ordinances ch. 9.09 § 9.09.040, operators who believe an exemption from relocation assistance applies are responsible for affirmatively demonstrating that the exemption is valid — the burden of proof rests with the owner. Compliant operators typically maintain thorough documentation, such as inspection records, notices of violation, and communications with tenants, that could substantiate a claim that a tenant caused substandard conditions or occupied a unit unlawfully without the owner's knowledge. Operators navigating natural disaster scenarios generally document the city's determination that their actions or omissions did not contribute to the disaster's impact on the unit.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Monte Sereno Code of Ordinances ch. 9.09 § 9.09.040 places the burden of proving any exemption squarely on the owner, meaning tenants are not required to disprove an exemption on their own. Tenants who believe an exemption is being improperly claimed — for example, disputing that they caused substandard conditions or that an eviction was lawful — may have grounds to challenge that claim through available local processes. Consulting a tenant-rights organization familiar with Monte Sereno's relocation assistance rules can help tenants understand what documentation or arguments may be relevant to their situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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