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<br />Ordinance No. NS - ____ <br />Page 16 of 22 <br />the Tenancy or refuse to renew the Tenan cy 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, <br />health, or safety laws, or threaten to do so, or violate or threaten to <br />violate Civil Code section 789.3. <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 /> <br />B. Fail to exercise due diligence in completing repairs and <br />maintenance once undertaken; <br /> <br />C. Fail to follow appropriate industry repair, containment, or <br />remediation protocols designed to minimize exposure to noise, <br />dust, lead, paint, mold, asbestos, or other building materials with <br />potentially harmful health impacts; <br /> <br />D. Conduct elective renovation or construction of unit for the <br />purpose of harassing a tenant; <br /> <br />E. Refuse to acknowledge or accept receipt of a tenant's lawful <br />rent payment as set forth in a Rental Agreement, by usual <br />practice of the parties, or in a notice to pay rent or quit; <br /> <br />EXHIBIT 3