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Item 16 - Affirmation and/or Amendment of Rent Stabilization and Just Cause Eviction Ordinance
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10/03/2023 Regular
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Item 16 - Affirmation and/or Amendment of Rent Stabilization and Just Cause Eviction Ordinance
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10/3/2023 11:44:08 AM
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10/3/2023 11:34:08 AM
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City Clerk
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Agenda Packet
Item #
16
Date
10/3/2023
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<br />Ordinance No. NS - ____ <br />Page 7 of 43 <br />“Tenant” means any renter, tenant, subtenant, lessee, sub-lessee, <br />roommate with Landlord’s consent, or any other person or entity entitled <br />under the terms of a Rental Agreement, or by sufferance, or by state or <br />federal law, to the use or occupancy of any Rental Unit and (i) has the <br />legal responsibility for the payment of Rent for a Rental Unit or (ii) has <br />agreed to pay the Rent for a Rental Unit. <br /> <br /> <br />Section 8-3103 – Implementing Regulations, Policies and Procedures <br /> <br /> The City Manager or Program Administrator shall have the authority to <br />promulgate regulations, policies and procedures to implement the requirements and <br />fulfill the purposes of this Article. No person shall fail to comply with such regulations, <br />policies and procedures. <br /> <br /> <br />Section 8-3104 – Mobilehome Residency Law <br /> <br /> The provisions of this Article shall not supersede the regulations of the state <br />Mobilehome Residency Law, Civil Code section 798, et seq., as applicable. If there is <br />any conflict between the terms of this Article and the Mobilehome Residency Law, the <br />Mobilehome Residency Law shall prevail. <br /> <br />Secs. 8-3105 - 8-3119. Reserved. <br /> <br /> <br />DIVISION 2. – JUST CAUSE EVICTIONS <br /> <br />Section 8-3120 – Restrictions on Termination of Tenancy without Just Cause <br /> <br />(a) After a Tenant has continuously and lawfully occupied a Residential Real <br />Property for thirty (30) days, the Owner of the Residential Real Property <br />shall not terminate the Tenancy without just cause, which shall be stated <br />in the written notice to terminate Tenancy. The provisions of this section <br />related to the termination of Tenants shall not apply to Mobilehomes or <br />Mobilehome Spaces in Mobilehome Parks subject to the termination <br />provisions of the Mobilehome Residency Law, Civil Code section 798 .56, <br />as applicable. <br /> <br />1) The Owner shall post a notice on a form prescribed by the City, <br />providing information about the existence of this Division 2 of Article <br />XIX of Chapter 8 of the Santa Ana Municipal Code , including <br />protections related to immigration or citizenship status of Tenant found <br />under Civil Code section 1940.35 and Code of Civil Procedure section <br />1161.4, as may be amended. Notice must be posted in a conspicuous <br />location on the property. The notice shall be written in the language
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