My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Item 21 - Rent Stabilization and Just Cause Eviction Ordinances
Clerk
>
Agenda Packets / Staff Reports
>
City Council (2004 - Present)
>
2022
>
10/18/2022 Special and Regular
>
Item 21 - Rent Stabilization and Just Cause Eviction Ordinances
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
8/14/2023 12:12:11 PM
Creation date
8/14/2023 12:11:37 PM
Metadata
Fields
Template:
City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
21
Date
10/18/2022
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
90
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Ordinance No. NS - ____ <br />Page 41 of 44 <br /> (b) Civil Action. Any aggrieved person, including the City and the People o f <br />the State of California, may bring a civil action for damages for any violation of this <br />Article or the rules, regulations, orders and decisions of the Rental Housing Board. The <br />burden of proof in such cases shall be by a preponderance of the evidence. No <br />administrative remedy need be exhausted prior to filing a civil suit pursuant to this <br />section. <br /> <br /> (c) Injunctive Relief. Any person who commits an act, proposes to commit an <br />act, or engages in any pattern and practice that violates this Division, or the policies, <br />procedures, regulations, rules, orders and decisions of the Rental Housing Board, may <br />be enjoined therefrom by any court of competent jurisdiction. An action for injunction <br />under this section may be brought by any aggrieved person, including th e City and <br />People of the State of California. No administrative remedy need be exhausted prior to <br />filing an action for injunctive relief pursuant to this section. <br /> <br /> (d) Affirmative Defense. A Landlord’s failure to comply with any requirement <br />of this Article may be asserted as a complete affirmative defense in an unlawful detainer <br />or any other action brought by the Landlord to recover possession of the Rental Unit. <br />Additionally, any attempt to recover possession of a Rental Unit in violation of this <br />Article shall render the Landlord liable to the Tenant for damages in a civil action for <br />wrongful eviction. The prevailing party in an action for wrongful eviction shall recover <br />costs and reasonable attorneys’ fees. <br /> <br /> (e) Public Nuisance. In addition to other penalties provided by law, any <br />condition caused or permitted to exist in violation of any provision of this Article shall be <br />deemed a public nuisance and may be summarily abated as such by the City, and each <br />day such condition continues shall constitute a new and separate offense. <br /> <br /> (f) Non-Exclusive. The remedies provided in this Article are not exclusive, <br />and nothing in this Article shall preclude any person from seeking any other remedies, <br />penalties or procedures provided by law, nor is exhaustion of remedies under this <br />section a prerequisite to the assertion of any other such right. <br /> <br /> <br /> Section 4. The City Council finds and determines that this Ordinance is not <br />subject to the California Environmental Quality Act (CEQA) pursuant to sections <br />15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a <br />direct or reasonably foreseeable indirect physical change in the environment, as there is <br />no possibility it will have a significant effect on the environment and it is not a "project," <br />as defined in section 15378 of the State CEQA Guidelines. Furthermore, the proposed <br />Ordinance falls within the “common sense” CEQA” exemption set forth in CEQA <br />Guidelines section 15061(b)(3), excluding projects where “it can be seen with certainty <br />that there is no possibility that the activity in question may have a significant effect on <br />the environment.” <br /> <br />EXHIBIT 2
The URL can be used to link to this page
Your browser does not support the video tag.