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Ordinance No. NS - ____ <br />Page 33 of 44 <br /> <br />B. <br />i. The tTenants have been provided written notice that the <br />rResidential rReal pProperty is exempt from this section <br />using the following statement: <br /> <br />“This property is not subject to the rRent limits <br />imposed by Santa Ana Municipal Code section 8- <br />3140 and the oOwner is not any of the following: (1) a <br />real estate investment trust, as defined by section 856 <br />of the Internal Revenue Code; (2) a corporation; or (3) <br />a limited liability company in which at least one <br />member is a corporation.” <br /> <br />ii. For a tTenancy existing before the effective date of this <br />ordinance, the notice required under clause (i) may, but <br />is not required to, be provided in the rRental aAgreement. <br /> <br />iii. For a tTenancy commenced or renewed on or after the <br />effective date of this ordinance, the notice required under <br />clause (i) must be provided in the rRental aAgreement. <br /> <br />(5) A property containing two separate dwelling units within a single <br />structure in which the oOwner occupied one of the units as the <br />oOwner’s principal place of residence at the beginning of the <br />tTenancy so long as the oOwner continues in occupancy, and <br />neither unit is an accessory dwelling unit or a junior accessory <br />dwelling unit. <br /> <br /> <br />Section 8-3148 – Rent Increase Ineffective. <br /> <br /> No rRent iIncrease shall be effective if the oOwner: <br /> <br />(a) Fails to substantially comply with all provisions of this Division, including <br />but not limited to the failure to provide notices as required; or <br /> <br />(b) Fails to maintain the rResidential rReal pProperty or mMobilehome <br />sSpace in compliance with California Civil Code Sections 1941.1 et seq. and California <br />Health and Safety Code sections 17920.3 and 17920.10, except as to Mobilehomes and <br />Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks <br />Act, Health and Safety Code section 18200, et seq.; Manufactured Housing Act, Health <br />and Safety Code section 18000, et seq.; or the National Manufactured Housing <br />Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as <br />applicable; or <br /> <br />EXHIBIT 1