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12. Ellis Act Provisions - Complete Defense to Unlawful Detainer a. If a Landlord seeks to displace a Tenant from a Covered Rental Unit, Rental Unit/Dwelling under California Civil Code 1946.2(b)(2)(B) through unlawful detainer proceeding, the Tenant may appear and answer or demur pursuant to Section 1170 of the California Code of Civil Procedure and may assert by way of defense that the Landlord has not complied with the applicable provisions of this chapter in addition to any other defense the Tenant may raise. b. In accordance with Hilaly v. Allen, 36 Cal. App. 5th Supp. 12, 24 (2019), it shall be a complete defense to eviction under California Civil Code section 1946.2(b)(2)(B) , if a landlord, changes the terms of tenancy in a manner not otherwise available under this Section of an eligible elderly or disabled tenant, after the Rent Board receives notice of the Landlord's intent to withdraw. 13. Ellis Act Provisions-- Amendments to the Ellis Act. This section is enacted principally to exercise specific authority provided for by Chapter 12.75 of Division 7 of Title 1 of the California Government Code, originally enacted by Stats. 1985. Ch. 1509, Section 1 (The Ellis Act, California Government Code Sections 7060 et seq.) In the case of any amendment to Chapter 12.75 or any other provision of State law which amendment is inconsistent with this Section, this Section shall be deemed to be amended to be consistent with state law, and to the extent it cannot be so amended, it shall be interpreted to be effective as previously adopted to the maximum extent possible. C. Application for Exemption from this Chanter. 1. Hardship Exemption. The Rent Board shall have the authority to grant an exemption from the provisions of this section in cases of undue financial hardship arising from detrimental reliance on the provisions of this article prior to the enactment of this section as duly established to the satisfaction of the Rent Board. A Landlord claiming hardship must file a written application for exemption with the Rent Board on forms provided by the Rent Board within 90 days of the effective date of this section, and the owner must demonstrate that the hardship existed as of the date that the ordinance enacting this section was adopted by Council. 2. Replacement Affordable Housing Unit Exemption. A Landlord may, at any time, apply for exemption pursuant to the provisions of Subsection B. of this section, but must do so by written application on a form provided by the Rent Board. If the Rent Board issues an exemption while there are tenants residing in rental units that are subject to the provisions of the this Chapter, each of the units shall continue to be subject to the provisions of this Chapter until all tenants in a unit voluntarily vacate the unit, or have their tenancies terminated pursuant to the provisions of Section 6of this Chapter. Mi