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Ordinance No. NS - ____ <br />Page 19 of 44 <br /> <br /> <br />Section 8-3122 – Retaliatory Eviction and Anti-Harassment. <br /> <br />(a) Retaliatory Eviction. <br /> <br />1) If the main intent of the Owner in terminating a Tenancy or refusing to <br />renew a Tenancy is retaliatory in nature, and if the tTenant is not in <br />default as to the payment of rRent, then the Owner may not terminate <br />the Tenancy or refuse to renew the Tenancy or cause the tTenant to <br />quit involuntarily. <br /> <br />2) A tTenant may assert retaliation affirmatively or as a defense to the <br />Owner’s action regardless of the period of time which has elapsed <br />between the tTenant's assertion or exercise of rights under this Article <br />and the alleged act of retaliation. <br /> <br />3) Retaliation against a tTenant because of the tTenant's exercise of <br />rights under this Article is prohibited. Retaliation claims may only be <br />brought in court and may not be addressed administratively. A court <br />may consider the protections afforded by this Article in evaluating a <br />claim of retaliation. <br /> <br />(b) Anti-Harassment. No Owner, or any person, acting as a principal or agent, <br />offering rResidential rReal pProperty for rent, or any contractor, subcontractor <br />or employee of the Owner shall, with respect to rResidential rReal pProperty <br />under any rRental aAgreement or other Tenancy or estate at will, however <br />created, do any of the following: <br /> <br />1) Interrupt, terminate, or fail to provide hHousing sServices required by <br />rRental aAgreement or by federal, State, County, or local housing, <br />health, or safety laws, or threaten to do so, or violate or threaten to <br />violate Civil Code section 789.3. <br /> <br />A. ‘Interrupt, terminate, or fail to provide hHousing sServices’ in <br />this provision does not include interruptions, terminations, or <br />failure to provide hHousing sServices as a result of <br />interruptions, outages, or terminations caused by events or <br />actions outside of the Owner’s control, such as utility outages <br />caused by natural disaster. Further, this provision does not <br />include stoppages, outages, terminations, and interruptions <br />properly noticed to tTenants as required by a signed rRental <br />aAgreement. <br /> <br />2) Take any of the following actions in bad faith: <br /> <br />EXHIBIT 1