Laserfiche WebLink
status either by requesting a hearing with the Rent Board or, at the Landlord's <br />option, through commencement of eviction proceedings, including service of a <br />notice of termination of tenancy. In the Rent Board hearing or the eviction action, <br />the Tenant/Resident shall have the burden of proof to show protected status. <br />G. Ellis Act Provisions —Statement of Purpose and Effect <br />California Government Code Sections 7060, et seq. (the "Ellis Act") permits the City of Santa <br />Ana, among other things, to require landlords to provide all tenants with 120 days' notice, or one <br />year if the tenants lived in the accommodations for at least one year and are more than 62 years <br />of age or disabled, when rental units subject to this Chapter are to be withdrawn from the rental <br />market. The Ellis Act also permits the City of Santa Ana to impose other restrictions, conditions <br />and requirements upon the property. It is the purpose of this section, to implement provisions of <br />the Ellis Act. The Rent Board may develop forms and regulations to assist in the implementation <br />of these provisions. <br />There continues to be a low vacancy rate for rental units in the City of Santa Ana, and the <br />withdrawal of residential rental property from rent or lease will exacerbate the rental housing <br />shortage and make it more difficult for tenants displaced by the withdrawal to obtain replacement <br />housing. Because of the rental housing shortage, it is essential that Tenants be afforded <br />substantial advance notice to enable them to obtain replacement housing, and that they receive <br />other protections available under law. <br />In any action by a landlord to recover possession of a rental unit subject to the Ordinance, the <br />tenant may raise as an affirmative defense the failure of the landlord to comply with the <br />requirements of Sections 6(G)(1) through 6(G)(6) as well as the failure of the landlord to <br />comply with any other requirement of this Chapter. <br />1. Ellis Act Provisions —Required Notice. <br />Notwithstanding any provision of this chapter to the contrary, if a Landlord desires to <br />demolish rental units subject to the Ordinance, or otherwise withdraw the units from <br />rental housing use, then the following provisions shall apply: <br />A. Notice of Intent to Withdraw. The Landlord shall notify the Rent Board of <br />an intention to withdraw a Covered Rental Unit, or Rental Unit/Dwelling from <br />rental housing use due to removal of the Covered Rental Unit, or Rental <br />Unit/Dwelling from the rental housing market altogether, or the <br />demolition/substantial of the Covered Rental Unit, or Rental Unit/Dwelling, as <br />provided for in Section 6 of this Ordinance. This Notice of Intent to Withdraw <br />shall contain the following: statements, under penalty of perjury on the form and <br />in the number prescribed by the Rent Board, stating that the Landlord intends to <br />36 <br />