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NS-3027
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Last modified
10/27/2022 11:05:25 AM
Creation date
10/20/2022 3:23:06 PM
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City Clerk
Doc Type
Ordinance
Agency
Clerk of the Council
Doc #
NS-3027
Item #
21
Date
10/18/2022
Destruction Year
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(c) Mediation is a voluntary collaborative process wherein the Landlord and <br />Tenant(s) who have a disagreement can develop options, consider alternatives, and <br />develop a consensual agreement. The role of the Mediator is to facilitate open <br />communication to resolve a dispute in a non -adversarial and confidential manner. <br />(d) If the Landlord and Tenant agree to a resolution, the Mediator may assist <br />the parties in preparing a written settlement agreement for the signature of the Landlord <br />and the Tenant, provided that in doing so the Mediator confines the assistance to <br />stating the settlement as determined by the parties. Such agreement shall constitute a <br />legally enforceable contract. <br />(e) Should the parties fail to agree to a resolution, or the Mediator determines <br />that the parties have reached an impasse, the Mediator may refer the Petition back to <br />the Program Administrator to continue the Petition review process detailed in this <br />Division. <br />(f) All documents and results related to mediations and facilitations held <br />pursuant to this Article shall be kept confidential and shall be inadmissible as evidence <br />in any subsequent administrative or judicial proceeding. <br />(g) The Mediator and/or Program Administrator shall provide documentation and <br />translation services in the language that the Owner and Tenant used to negotiate the <br />terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as <br />well as English. <br />Section 8-3147 — 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 <br />certificate 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 <br />a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to <br />a long term (more than one year) Rental Agreement (California Civil Code section <br />798.17); any newly constructed Mobilehome Space first offered for rent on or after <br />January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as <br />a person's primary residence that are not being leased to someone else (California Civil <br />Code section 798.21); and, any other provisions of the Mobilehome Residency Law <br />addressing exemptions, as applicable. <br />Ordinance No. NS-3027 <br />Page 31 of 43 <br />
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