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Ordinance No. NS - ____ <br />Page 32 of 44 <br />may charge shall not apply to the following: any rResidential rReal pProperty 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 /> <br />(b) Pursuant to the Mobilehome Residency Law, the provisions of this <br />ordinance regulating the amount of rRent that a mMobilehome pPark oOwner may <br />charge for a mMobilehome sSpace shall not apply to the following: any mMobilehome <br />sSpace subject to a long term (more than one year) rRental aAgreement (California <br />Civil Code section 798.17); any newly constructed mMobilehome sSpace first offered <br />for rent on or after January 1, 1990 (California Civil Code section 798.45); <br />mMobilehomes not being used as a person’s primary residence that are not being <br />leased to someone else (California Civil Code section 798.21); and, any other <br />provisions of the Mobilehome Residency Law addressing exemptions, as applicable. <br /> <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 rRent that a <br />rResidential rReal pProperty Owner may charge shall not apply to the following: <br /> <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 /> <br />(2) Dormitories owned and operated by an institution of higher <br />education or a kindergarten and grades 1 to 12, inclusive, school. <br /> <br />(3) Housing that has been issued a certificate of occupancy within the <br />previous 15 years. <br /> <br />(4) Residential rReal pProperty that is alienable separate from the title <br />to any other dwelling unit, provided that both of the following apply: <br /> <br />A. The oOwner 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 />EXHIBIT 1