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at the lawful rent in effect at the time any notice of intent to withdraw the Covered <br />Rental Unit, Rental Unit/Dwelling is filed with the City of Santa Ana, plus the <br />provisions of annual adjustments. <br />(b) The provisions of subsection (a) shall apply to all tenancies commenced during <br />either one of the following time periods: <br />(i) The five-year period after any notice of intent to withdraw the rental unit <br />is filed with the City of Santa Ana, whether or not the notice of intent is <br />rescinded or the withdrawal of the rental unit is completed pursuant to the <br />notice of intent. <br />(ii) The five-year period after the Covered Rental Unit, Rental Unit/Dwelling <br />is withdrawn. <br />(c) This section shall prevail over any conflicting provision of law authorizing the <br />landlord to establish the rental rate upon the initial hiring of the Covered Rental <br />Unit, Rental Unit/Dwelling. <br />5. Ellis Act Provisions -- Withdrawal of Covered Rental Unit, Rental Unit/Dwelling - <br />Ten Years <br />A landlord who offers a Covered Rental Unit, Rental Unit/Dwelling for rent or <br />lease within 10 years from the date on which they are withdrawn, and with are <br />subject to this section, shall first offer the unit to the Tenant displaced from that <br />Covered Rental Unit, Rental Unit/Dwelling by the withdrawal, if that Tenant <br />requests the offer in writing within 30 days after the Landlord has notified the <br />City of Santa Ana of an intention to offer the Covered Rental Unit, Rental <br />Unit/Dwelling again for residential rent or lease. The Landlord of the Covered <br />Rental Unit, Rental Unit/Dwelling shall be liable to any tenant who was displaced <br />by that action for failure to comply with this section, for punitive damages in an <br />amount which does not exceed the contract rent for six months, and the payment <br />of which shall not be construed to extinguish the Landlord's obligation to comply <br />with this section. <br />6. Ellis Act Provisions - Units Not Withdrawn from the Rental Market Under <br />California Civil Code section 1946.2(h)(2)(B) <br />(a) For purposes of California Civil Code section 1946(b)(2)(B) the following shall <br />not be deemed "withdrawals from the rental market": <br />(i) Selling the Unit. <br />(ii) Withdrawing the Covered Rental Unit, Rental Unit/Dwelling from the <br />rental market for less than five (5) years. <br />(iii) Converting the Covered Rental Unit, Rental Unit/Dwelling to a hotel, <br />short-term rental, or any other use that involves human habitation in <br />exchange for money paid to a Landlord. <br />41 <br />