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Ordinance No. NS - ____ <br />Page 19 of 46 <br />5) The Owner must provide the notice in the language that the Owner and <br />tenant used to negotiate the terms of the Tenancy, in addition to <br />English. <br /> <br /> <br />Section 8-19963122 – 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 quit <br />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 t enant'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, health, <br />or safety laws, or threaten to do so, or violate or threaten to violate <br />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, outages, <br />or terminations caused by events or actions outside of the <br />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 />EXHIBIT 2