85B - ORD JUST CAUSE EVICTION - Laserfiche WebLink

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tenancy. The Relocation Assistance shall be paid to Tenant households who vacate a Rental Unit no later than the time that they vacate the Rental Unit. (d) Right of Return and First Right of Refusal. All Tenants whose tenancy is terminated on a basis enumerated in Subsections (a)(8)-(12) herein shall have the first right of refusal to return to the Rental Unit if that Rental Unit is returned to the market by the Landlord or successor Landlord to the maximum extent permitted by state law. Rent for the Rental Unit shall be the Rent lawfully paid by the Tenant at the time the Landlord gave notice of termination based upon Subsections (a)(8)-(12) herein to the maximum extent permitted by state law. (e) Withdrawal of Rental Unit Permanently from the Rental Market. The Landlord seeks in good faith to recover possession to withdraw all Rental Units of an entire Property from the rental housing market. Tenants affected by this provision shall be entitled to a minimum of 120 -day notice, or a notice of not less than one (1) year in the case of Tenants defined as seniors or Disabled under Government Code Section 12955.3. (f) Retaliation is Barred. No Landlord may threaten to bring, or bring, an action to recover possession of the Rental Unit, cause the Tenant to quit the unit involuntarily, serve any Written Notice to Cease or Notice of Termination of Tenancy/Notice to Quit, or other eviction notice, decrease any services or increase the Rent where the Landlord's partial motive is retaliation against the Tenant for the Tenant's assertion or exercise of rights under this Ordinance. Such retaliation shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the Tenant for actual and punitive damages and injunctive relief. A Tenant may assert retaliation affirmatively or as a defense to the Landlord's action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Ordinance and the alleged act of retaliation. The City Council shall designate its Community Redevelopment and Housing Commission for the City of Santa Ana to maintain a repository of complaints received regarding violations of this Ordinance, and the Community Redevelopment and Housing Commission, shall upon Tenant request, make certified copies of the records of complaints initiated by Tenant. (g) Harassment is Prohibited. No Landlord may threaten to bring, or bring, an action to recover possession, cause the Tenant to quit the unit involuntarily, serve any Written Notice to Cease, Notice of Termination of Tenancy/Notice to Quit, or other eviction notice, decrease any services, refuse to accept or acknowledge receipt of a Tenant's lawful Rent pursuant to this Ordinance, or interfere with the Tenant's quiet enjoyment of the Rental Unit and common areas as part of an attempt to increase the Rent above the maximum allowable Rent permitted under this Ordinance, either by obtaining such excessive Rent from the Tenant or by creating a vacancy and increasing the Rent to a new Tenant. Such harassment shall be a defense to an action to recover possession, or it may serve as the basis for an affirmative action by the Tenant for actual and punitive damages and injunctive relief. (h) Notice to Specify Basis for Termination. Any notice purporting to terminate tenancy on any of the bases specified in this section must state with specificity the basis on which the Landlord seeks to terminate the tenancy. 16 .o •