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Item 21 - Rent Stabilization and Just Cause Eviction Ordinances
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10/18/2022 Special and Regular
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Item 21 - Rent Stabilization and Just Cause Eviction Ordinances
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Agenda Packet
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Clerk of the Council
Item #
21
Date
10/18/2022
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Ordinance No. NS - ____ <br />Page 17 of 44 <br />i. A temporary restraining order, emergency protective <br />order, or protective order issued within the last 180 days <br />pursuant to law that protects the Tenant or a household <br />member from domestic violence, elder or dependent <br />adult abuse, sexual assault, human trafficking, or <br />stalking; or <br /> <br />ii. The Tenant or a member of their household has filed a <br />police report within the previous 180 days alleging that <br />they are a victim of domestic violence, elder or <br />dependent adult abuse, sexual assault, human <br />trafficking, or stalking. <br /> <br />B. The notice to vacate is substantially based upon the act or acts <br />constituting domestic violence, elder or dependent adult abuse, <br />sexual assault, human trafficking, or stalking against the Tenant <br />or their household member, including, but not limited to, an <br />action for possession based on complaints of noise, <br />disturbances, or repeated presence of police. <br /> <br />2) Notwithstanding this Section, an Owner may terminate the Tenancy if: <br /> <br />A. The Tenant or the person protected by a court order or who filed <br />a police report allows the person against whom the protective <br />order has been issued or who was named in the police report as <br />committing an act of domestic violence, elder or dependent <br />adult abuse, sexual assault, human trafficking, or stalking, to <br />visit the rental property; or <br /> <br />B. The Owner reasonably believes the presence of the person <br />against whom the protective order has been issued or who was <br />named in the police report as having committed an act of <br />domestic violence, elder or dependent adult abuse, sexual <br />assault, human trafficking, or stalking poses a physical threat to <br />other Tenants, guests, invitees, or to a Tenant’s right to quiet <br />enjoyment and the Owner previously gave the Tenant a three <br />(3) day written notice to cease and correct this violation. <br /> <br />3) The provisions of this Division shall not supersede any other applicable <br />state laws relating to victims of an act of domestic violence, sexual <br />assault, stalking, human trafficking, abuse of an elder or a dependent <br />adult, or of other specified crimes, as provided for in C ivil Code section <br />1946.7 and Code of Civil Procedure sections 1161.3 and 1174.27. <br /> <br />(h) It shall be a defense to a no fault just cause action for possession of a <br />Rental Unit under this Division if a person under the age of 21 is a resident <br />EXHIBIT 2
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