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07/06/2021 Regular
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Correspondence - Non-Agenda
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misrepresentations or concealment of material facts; <br />21. Force a Tenant to vacate their Rental Unit and re -register in order to avoid <br />classification as a tenant under Civil Code 1940.1. Forced vacation can <br />be implied from the totality of the circumstances; <br />22. Other repeated acts or omissions of such significance as to substantially <br />interfere with or disturb the comfort, repose, peace or quiet of any person <br />lawfully entitled to occupancy of such dwelling unit and that cause, are <br />likely to cause, or are intended to cause any person lawfully entitled to <br />occupancy of a dwelling unit to vacate such dwelling unit or to surrender <br />or waive any rights in relation to such occupancy. <br />Such harassment noted above taken by the Landlord, Landlord's agent, contractor, <br />subcontractor, or employee shall be a defense to an action to recover possession, or it may serve <br />as the basis for an affirmative action by the Tenant for actual and punitive damages and <br />injunctive relief. The Rent Board may address harassment issues further in its rules and <br />regulations consistent with the intent of this subsection to prevent unlawful harassment. <br />L. Threats on the basis of immigration or Citizenship Status are Prohibited. The Landlord <br />shall post in all common areas of the Covered Rental Unit, or Rental Unit/Dwelling a notice <br />from the Rent Board advising all Tenants/Residents that the protections found at California Civil <br />Code section 1940.35(a), and California Code of Civil Procedure section 1161.4, as may be <br />amended, shall apply with equal force and effect to their Tenancies. The Landlord's violation of <br />this provision shall function as an affirmative defense to any eviction under Section 6 of this <br />Chapter. <br />M. Notice to Speci Basis for TeEMination. Any notice purporting to terminate tenancy on any <br />of the bases specified in this section must state with specificity the basis on which the Landlord <br />seeks to terminate the tenancy. <br />N. Landlord Compliance with this Chapter. In any action brought to recover possession of a <br />Covered Rental Unit or Rental Unit/Dwelling, the Landlord shall allege compliance with this <br />Chapter. <br />O. Failure to Comply. A Landlord's failure to comply with any requirement of this section, <br />including without limitation the failure to serve any of the required notices to the Rent Board, is <br />a complete affirmative defense in an unlawful detainer or other action brought by the Landlord to <br />recover possession of the Covered Rental Unit or Rental Unit/Dwelling. <br />SECTION 7 Stabilization of Rents <br />(a) Rents Stabilized. Upon the effective date of this Chapter, no Landlord shall charge Rent for <br />Covered Rental Units/Mobilehomes/Mobilehome Park spaces in an amount that exceeds the sum <br />of Base Rent plus any lawful Rent increases actually implemented pursuant to this Chapter. <br />51 <br />
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