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07/06/2021 Regular
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Correspondence - Non-Agenda
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SECTION 16 JUDICIAL REVIEW <br />A Landlord or Tenant aggrieved by any action or decision of the Rent Board may seek judicial <br />review in Superior Court within the State of California regarding this Chapter and its <br />implementing regulations. No action or decision by the Rent Board shall go into effect until any <br />statutory period for such review has expired. <br />SECTION 17 NON-WAIVERABILITY <br />Any provision of a Rental Housing Agreement, whether oral or written, which purports to waive <br />any provision of this Chapter established for the benefit of the Tenant, shall be deemed to be <br />against public policy and shall be void. <br />SECTION 18 REMEDIES <br />In addition to any other remedies provided by law, Landlords, Tenants/Mobilehome <br />Owners/Residents covered by this Chapter shall have the following remedies for violations of <br />this Chapter. <br />(a) Landlord's Demand for or Retention of Excessive Rent. When a Landlord demands, <br />accepts, receives, or retains any payment or payments in excess of the lawful Rent pursuant to <br />this Chapter and the regulations promulgated hereunder, including in violation of the provisions <br />ensuring compliance with habitability standards and maintenance of Housing Services, the <br />Tenant/Mobilehome Owner/Resident may file a Petition pursuant to Sections 13 and 14 <br />(Petitions and Procedures for Individual Rent Adjustments) or file a civil suit against the <br />Landlord. A Landlord who demands, accepts, receives, or retains any payment of Rent in excess <br />of the lawful Rent shall be liable to the Tenant in the amount by which the payment or payments <br />have exceeded the lawful Rent. In such a case, the Rent shall be adjusted to reflect the lawful <br />Rent pursuant to this Chapter and its implementing regulations. <br />(b) Civil Remedies. A Tenant/Mobilehome Owner/Resident may bring a civil suit in the courts <br />of the state alleging that a Landlord has violated any of the provisions of this Chapter or the <br />regulations promulgated hereunder, including that the Landlord has demanded, accepted, <br />received, or retained a payment or payments in excess of the lawful Rent. In a civil suit, a <br />Landlord found to violate this Chapter shall be liable to the Tenant/Mobilehome Owner/Resident <br />for all actual damages, including but not limited to the damages described in Subsection (a) <br />herein. A prevailing Tenant/Mobilehome Owner/Resident in a civil action brought to enforce this <br />Chapter shall be awarded reasonable attorney's fees and costs as determined by the court. <br />Additionally, upon a showing that the Landlord has acted willfully or with oppression, fraud, or <br />malice, the Tenant/Mobilehome Owner/Resident shall be awarded treble damages. No <br />administrative remedy need be exhausted prior to filing suit pursuant to this subsection. <br />83 <br />
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