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4. The Tenant or Resident fails to demonstrate to the Landlord that they removed the
<br />person(s) who engaged in the activity or behavior, or had been removed from the
<br />Tenant's or Resident's household, but the Tenant or Resident has permitted such person to
<br />return to the Tenant's or Resident's household.
<br />Notwithstanding the foregoing, if there is more than one Tenant or Resident in the
<br />Covered Rental Unit, Rental Unit/Dwelling, this subsection at Section 6(C)(1-4) shall
<br />apply only to that Tenant or Resident or those Tenants or Residents to which Section
<br />6(C)(1-4) applies.
<br />D. For purposes of this subsection, criminal activity includes, but shall not be limited to,
<br />prostitution as defined in Penal Code section 647(b), as may be amended, criminal street gang
<br />activity as defined in Penal Code section 186.20 and following, as may be amended, assault and
<br />battery, as defined in Penal Code sections 240 and 242, as may be amended, burglary as defined
<br />in Penal Code section 908, as may be amended, sexual offenses as defined in Penal Code
<br />sections 261 and following and 286, as may be amended, or any other behavior that involves the
<br />imminent or actual threat of the health or safety of the Landlord or other Tenants or Residents or
<br />actual property damage in excess of $5,000.
<br />1. For purposes of this subsection, drug related criminal activity, includes, but shall not be
<br />limited to, the illegal manufacture, sale, distribution, use or possession with the intention
<br />to manufacture, sell, or distribute, or use a controlled substance as defined in Section 102
<br />of the Controlled Substances Act [21 USC section 802, as may be amended] or as defined
<br />in Health and Safety Code section 11350, except as may be permitted under federal, state,
<br />and local law.
<br />2. For purposes of this subsection, abusive or violent behavior includes verbal as well as
<br />physical abuse or violence, or actions that are prohibited under California Penal Code
<br />section 273.5 or Family Code section 6320, et seq., as may be amended, including the use
<br />of racial epithets or other language, written or oral that is customarily used to intimidate.
<br />3. For purposes of this subsection, threatening refers to oral or written threats or physical
<br />gestures that communicate to a reasonable person an intent to abuse or an intent to
<br />commit violence.
<br />The past criminal history of a Tenant or Resident, or of the Tenant's or Resident's guest or
<br />invitee, shall not be a factor in determining whether the Tenant or Resident has violated Section
<br />D. If the Tenant or Resident, or the guest or invitee of the Tenant or Resident is acquitted from
<br />the charges, or the charges are dismissed or reduced, then the Tenancy shall be restored, and the
<br />Tenant or Resident is permitted to return to the Covered Rental Unit or Rental Unit/Dwelling.
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