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Ordinance No. NS - ____ <br />Page 19 of 44 <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 Tenant is not in <br />default as to the payment of Rent, then the Owner may not terminate <br />the Tenancy or refuse to renew the Tenancy or cause the Tenant to <br />quit involuntarily. <br /> <br />2) A Tenant 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 Tenant's assertion or exercise of rights under this Article <br />and the alleged act of retaliation. <br /> <br />3) Retaliation against a Tenant because of the Tenant's exercise of rights <br />under this Article is prohibited. Retaliation claims may only be brought <br />in court and may not be addressed administratively. A court may <br />consider the protections afforded by this Article in evaluating a claim of <br />retaliation. <br /> <br />(b) Anti-Harassment. No Owner, or any person, acting as a principal or agent, <br />offering Residential Real Property for rent, or any contractor, subcontractor or <br />employee of the Owner shall, with respect to Residential Real Property under <br />any Rental Agreement or other Tenancy or estate at will, however created, do <br />any of the following: <br /> <br />1) Interrupt, terminate, or fail to provide Housing Services required by <br />Rental Agreement 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 Housing Services’ in this <br />provision does not include interruptions, terminations, or failure <br />to provide Housing Services as a result of interruptions, <br />outages, or terminations caused by events or actions outside of <br />the Owner’s control, such as utility outages caused by natural <br />disaster. Further, this provision does not include stoppages, <br />outages, terminations, and interruptions properly noticed to <br />Tenants as required by a signed Rental Agreement. <br /> <br />2) Take any of the following actions in bad faith: <br /> <br />A. Fail to perform repairs and maintenance required by Rental <br />Agreement or by federal, State, or local laws; <br />EXHIBIT 2