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NS-3009
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Last modified
10/21/2021 4:10:09 PM
Creation date
10/21/2021 4:08:55 PM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3009
Item #
7
Date
10/19/2021
Destruction Year
P
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(d) A Fair Return Petition shall be decided by the City Manager within sixty <br />(60) calendar days of the date that the application has been deemed complete, <br />including proof of service of the Fair Return Petition on the applicable tenant(s). The <br />decision shall be emailed and sent by mail, with proof of mailing to the subject property <br />owner, the owner's designated representative(s) for the Fair Return Petition, and a <br />designated representative of the tenant(s). Any appeal of the City Manager decision on <br />a Fair Return Petition. shall proceed pursuant to the administrative appeal procedures <br />found in Chapter 3 of the Santa Ana Municipal Code. <br />Section 8-1998.4 — Exemptions <br />(a) Pursuant to the Costa -Hawkins Rental Housing Act, the provisions of this <br />ordinance regulating the amount of rent that a residential real property owner may <br />charge shall not apply to the following: any residential real property that has a certificate <br />of occupancy issued after February 1, 1995 (California Civil Code section <br />1954.52(a)(1)); and, any other provisions of the Costa -Hawkins Rental Housing Act <br />addressing exemptions, as applicable. <br />(b) Pursuant to the Mobilehome Residency Law, the provisions of this <br />ordinance regulating the amount of rent that a mobilehome park owner may charge for a <br />mobilehome space shall not apply to the following: any mobilehome space subject to a <br />long term (more than one year) rental agreement (California Civil Code section 798.17); <br />any newly constructed mobilehome space first offered for rent on or after January 1, <br />1990 (California Civil Code section 798.45); mobilehomes not being used as a person's <br />primary residence that are not being leased to someone else (California Civil Code <br />section 798.21); and, any other provisions of the Mobilehome Residency Law <br />addressing exemptions, as applicable. <br />(c) Pursuant to the Tenant Protection Act of 2019, Civil Code section <br />1947.12(d), the provisions of this ordinance regulating the amount of rent that a <br />residential real property, Owner may charge shall not apply to the following: <br />(1) Housing restricted by deed, regulatory restriction contained in an <br />agreement with a government agency, or other recorded document <br />as affordable housing for persons and families of very low, low, or <br />moderate income, as defined in Section 50093 of the Health and <br />Safety Code, or subject to an agreement that provides housing <br />subsidies for affordable housing for persons and families of very <br />low, low, or moderate income, as defined in Section 50093 of the <br />Health and Safety Code or comparable federal statutes. <br />(2) Dormitories owned and operated by an institution of higher <br />- education or a kindergarten and grades 1 to 12, inclusive, school. <br />(3) Housing that has been issued a certificate of occupancy within the <br />previous 15 years. <br />Ordinance No. NS-3009 <br />Page 7 of 11 <br />
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