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85B - ORD JUST CAUSE EVICTION
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85B - ORD JUST CAUSE EVICTION
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12/3/2018 9:00:34 AM
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12/3/2018 8:59:01 AM
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City Clerk
Doc Type
Agenda Packet
Agency
City Council
Item #
85B
Date
12/4/2018
Destruction Year
2023
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child, provided that the approval is not unreasonably withheld. If <br />the Landlord fails to respond to the Tenant in writing with a <br />description of the reasons for the denial of the request within 14 <br />days of receipt of the Tenant's written request, the Tenant's <br />request shall be deemed approved by the Landlord; or <br />(C) Notwithstanding any contrary provision in this Section, a Landlord <br />shall not take any action to terminate a tenancy based on a <br />Tenant's sublease of the Rental Unit if all of the following <br />requirements are met: <br />i. The Tenant continues to reside in the Rental Unit as his or her <br />Primary Residence; and <br />ii. The sublease replaces one or more departed Tenants under the <br />Rental Agreement on a one-for-one basis; and <br />iii. The Landlord has unreasonably withheld the right to sublease <br />following written request by the Tenant. If the Landlord fails to <br />respond to the Tenant's written request, the Tenant's request shall <br />be deemed approved by the Landlord. A Landlord's reasonable <br />refusal of the Tenant's written request may not be based on the <br />proposed additional occupant's lack of creditworthiness, if that <br />person will not be legally obligated to pay some or all of the Rent <br />to the Landlord. A Landlord's reasonable refusal of the Tenant's <br />written request may be based on, but is not limited to, the ground <br />that the total number of occupants in a Rental Unit exceeds the <br />maximum number of occupants as determined under Section <br />503(b) of the Uniform Housing Code as incorporated by California <br />Health & Safety Code section 17922. <br />(D) Protections for Families. Notwithstanding any contrary provision <br />in this Section, a Landlord shall not take any action to terminate a <br />tenancy as a result of the addition to the Rental Unit of a Tenant's <br />child, foster child, stepchild, parent, grandchild, grandparent, aunt, <br />uncle, niece, nephew, sibling, or the spouse or partner of such <br />relatives, or the spouse or partner of such relatives, or as the result <br />of the addition of the spouse or partner of a Tenant, so long as the <br />number of occupants does not exceed the maximum number of <br />occupants as determined by Section 503(b) of the Uniform <br />Housing Code as incorporated by California Health & Safety Code <br />section 17922. The City Council may authorize the City Attorney <br />for the City of Santa Ana to amend this Ordinance to include <br />language that will further protect families and promote stability for <br />school -aged children. <br />(3) Nuisance. If, after the issuance of a Written Notice to Cease in a language <br />that the Tenant can interpret or understand, the Landlord may terminate a <br />tenancy if the Tenant is committing or permitting to exist a nuisance in, or <br />10 <br />
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