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dependent adult abuse, sexual assault, human <br />trafficking, or stalking. <br />B. The notice to vacate is substantially based upon the act or acts <br />constituting domestic violence, elder or dependent adult abuse, <br />sexual assault, human trafficking, or stalking against the tenant <br />or their household member, including, but not limited to, an <br />action for possession based on complaints of noise, <br />disturbances, or repeated presence of police. <br />2) Notwithstanding this Section, an Owner may terminate the Tenancy if: <br />A. The tenant or the person protected by a court order or who filed <br />a police report allows the person against whom the protective <br />order has been issued or who was named in the police report as <br />committing an act of domestic violence, elder or dependent <br />adult abuse, sexual assault, human trafficking, or stalking, to <br />visit the rental property; or <br />B. The Owner reasonably believes the presence of the person <br />against whom the protective order has been issued or who was <br />named in the police report as having committed an act of <br />domestic violence, elder or dependent adult abuse, sexual <br />assault, human trafficking, or stalking poses a physical threat to <br />other tenants, guests, invitees, or to a tenant's right to quiet <br />enjoyment and the Owner previously gave the tenant a three (3) <br />day written notice to cease and correct this violation. <br />(h) It shall be a defense to a no fault just cause action for possession of a <br />rental unit under this Division if a person under the age of 21 is a resident <br />of the subject rental unit, or has a custodial or family relationship with a <br />tenant in the subject rental unit, and who is registered and actively <br />attending any level of school during a specified school term. <br />(i) Any sale of a mobilehome park shall be considered a change of use <br />pursuant to Government Code section 65863.7. Accordingly, at least sixty <br />(60) days prior to the sale of a mobilehome park, the Owner shall provide <br />notice of such proposed sale to the mobilehome park residents and <br />prepare a report on the impact of the sale of the mobilehome park, <br />including a replacement and relocation plan that adequately mitigates the <br />impact upon the ability of any displaced residents of the mobilehome park <br />to be sold to find adequate housing in a mobilehome park, as applicable, <br />pursuant to the requirements of Government Code section 65863.7. <br />Q) Any waiver of the rights under this section shall be void as contrary to <br />public policy. <br />Ordinance No. NS-3010 <br />Page 14 of 21 <br />