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<br />Ordinance No. NS - ____ <br />Page 8 of 12 <br />A. The owner is not any of the following: <br /> <br />i. A real estate investment trust, as defined in section 856 <br />of the Internal Revenue Code. <br /> <br />ii. A corporation. <br /> <br />iii. A limited liability company in which at least one member <br />is a corporation. <br /> <br />B. <br />i. The tenants have been provided written notice that the <br />residential real property is exempt from this section using <br />the following statement: <br /> <br />“This property is not subject to the rent limits imposed <br />by Santa Ana Municipal Code section 8 -1998.1 and <br />the owner is not any of the following: (1) a real estate <br />investment trust, as defined by section 856 of the <br />Internal Revenue Code; (2) a corporation; or (3) a <br />limited liability company in which at least one member <br />is a corporation.” <br /> <br />ii. For a tenancy existing before the effective date of this <br />ordinance, the notice required under clause (i) may, but <br />is not required to, be provided in the rental agreement. <br /> <br />iii. For a tenancy commenced or renewed on or after the <br />effective date of this ordinance, the notice required under <br />clause (i) must be provided in the rental agreement. <br /> <br />(5) A property containing two separate dwelling units within a single <br />structure in which the owner occupied one of the units as the <br />owner’s principal place of residence at the beginning of the tenancy <br />so long as the owner continues in occupancy, and neither unit is an <br />accessory dwelling unit or a junior accessory dwelling unit. <br /> <br />Section 8-1998.5 – Rent Increase Ineffective. <br /> <br /> No rent increase shall be effective if the owner: <br /> <br />(a) Fails to substantially comply with all provisions of this Division, including <br />but not limited to the failure to provide notices as required; or <br /> <br />City Council 7 –8 10/19/2021