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07/06/2021 Regular
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Correspondence - Non-Agenda
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dominant motive is retaliation against the Tenant for the Tenant's assertion or exercise of rights <br />under this Chapter. Such retaliation shall be a defense to an action to recover possession, or it <br />may serve as the basis for an affirmative action by the Tenant for actual and punitive damages <br />and injunctive relief. A Tenant may assert retaliation affirmatively or as a defense to the <br />Landlord's action regardless of the period of time which has elapsed between the Tenant's <br />assertion or exercise of rights under this Chapter and the alleged act of retaliation. The Rent <br />Board may address retaliation issues further in its rules and regulations consistent with the intent <br />of this subsection to prevent unlawful retaliation. The Rent Board shall maintain records of <br />complaints received regarding violations of this Chapter, and shall upon the request of the <br />Tenant, make certified copies of the records of complaints initiated by Tenant. <br />K. Harassment is Prohibited. No Landlord or such Landlord's agent, contractor, subcontractor, <br />or employee shall do any of the following, in bad faith: <br />1. Interrupt, terminate, or fail to provide housing services required by contract or by State, <br />County, or municipal housing, health or safety laws, or threaten to do so; <br />2. Fail to perform repairs and maintenance required by contract or by State, County or <br />municipal housing, health, or safety laws, or threaten to do so. <br />3. Fail to exercise due diligence in completing repairs and maintenance <br />once undertaken or fail to follow appropriate industry repair, <br />containment or remediation protocols designed to minimize exposure to <br />noise, dust, lead paint, mold, asbestos, or other building materials with <br />potentially harmful health impacts; <br />4. Abuse the Owner's right of access into a rental housing unit as that right <br />is provided by law; <br />5. Remove from the Rental Unit personal property, furnishings, or any other <br />items without the prior written consent of the Tenant, except when done <br />pursuant to the procedure set forth in Civil Code section 1980, et seq. <br />(disposition of Tenant's property after termination of tenancy). <br />6. Influence or attempt to influence a Tenant to vacate a Rental Unit through <br />fraud, intimidation or coercion. This includes threatening to report a <br />Tenant or other person known to the Owner to be associated with a <br />Tenant to any local, state, or federal agency on the basis of their <br />perceived or actual immigration status.The prohibition shall not be <br />construed as preventing communication with such agencies regarding an <br />alleged immigration violation; <br />7. Offer payments to a Tenant to vacate more than once in six (6) months, <br />after the Tenant has notified the Owner in writing the Tenant does not <br />desire to receive further offers of payments to vacate; <br />8. Attempt to coerce a Tenant to vacate with offer(s) of payments to vacate <br />which are accompanied with threats or intimidation. This shall not <br />include settlement offers made in good faith and not accompanied with <br />threats or intimidation in pending eviction actions; <br />9. Threaten the Tenant or their guests, by word or gesture, with <br />49 <br />
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