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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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City Clerk
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Agenda Packet
Item #
16
Date
10/3/2023
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<br />Ordinance No. NS - ____ <br />Page 19 of 43 <br /> <br />3) The Owner qualifies the termination as at-fault or no-fault just cause, <br />as specified in section 8-3120(b); and <br /> <br />4) The Owner has submitted to the City, within five (5) days after service <br />of the notice of termination on the Tenant, a true and accurate copy of <br />the Owner's written notice of termination, and proof of such service, <br />signed under penalty of perjury, on the Tenant, through the City’s <br />Rental Registry portal. The Owner shall maintain proof of service to the <br />City as evidence that the Owner has complied with this section. <br /> <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 8-3122 – 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,
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