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07/06/2021 Regular
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Correspondence - Non-Agenda
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statements described in subsection (d)(2), shall not be effective and may be rescinded by <br />the Tenant/Resident at any time. <br />(e) Rescission of Buyout Agreements. A Tenant/Resident shall have the right to rescind a <br />Buyout Agreement for up to and including 45 days after its execution by all parties. To rescind a <br />Buyout Agreement under this subsection, the tenant must, on or before the 45th day following <br />the execution of the Buyout Agreement by all parties, hand deliver, email, or place in the mail a <br />statement to the Landlord indicating that the Tenant/Resident has rescinded the Buyout <br />Agreement. <br />(f) Filing of Buyout Agreements. The Landlord shall file a copy of the Buyout Agreement with <br />the Rent Board no sooner than the 46th day after all parties execute the Buyout Agreement, and <br />no later than 59 days after the Buyout Agreement is executed by all parties. After the 59th day, <br />either the Landlord or the Tenant/Resident may file a copy of the Buyout Agreement. However, <br />regardless of whether any party files the Buyut Agreement after the 59th day, if the Landlord has <br />not filed a copy by the 59th day, any provision of the Buyout Agreement in which the <br />Tenant/Resident waived their rights or released claims shall not be effective and shall be void at <br />the option of the Tenant/Resident and the Tenant/Resident shall be entitled to all remedies <br />authorized by law; provided, however, that said remedies shall not include the displacement of a <br />subsequent Tenant/Resident in the Covered Rental Unit. <br />(g) Posting of Buyout Agreements. The Rent Board shall create a searchable database with <br />information received from filings under subsection (f). The database shall be accessible to the <br />public at the Rent Board and shall include a copy of all filings received under subsection (f). <br />Before posting a copy of any filing received under subsection (f) on its database, the Rent Board <br />shall redact all information regarding the identity of the Tenants/Residents. The party who filed <br />the Buyout Agreement shall inform the Rent Board whether the Buyout Agreement concerned an <br />unlawful detainer action. If so, the Rent Board shall also redact from the posted Buyout <br />Agreement any information concerning the unlawful detainer action that may be confidential <br />under California Code of Civil Procedure section 1161.2. <br />(h) Affirmative Defense. A violation of this section may be asserted as an affirmative defense <br />in an unlawful detainer action. <br />(i) Private Right of Action. A Tenant may bring a private right of action against a Landlord <br />who violates a provision of this section and recover damages and a penalty of $1,000. <br />SECTION 12 Santa Ana Rent Board <br />(a) Composition. There shall be an appointed Santa Ana Rent Board comprised of City <br />residents as set forth in this Section. The Rent Board shall consist of seven (7) members <br />appointed by the City Council. Membership of the Rent Board shall consist of at least four (4) <br />59 <br />
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