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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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Agenda Packet
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16
Date
10/3/2023
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Ordinance No. NS - <br />Page 8 of 20 <br />Property. <br />II. An order issued by a government agency or court to vacate <br />the Residential Real Property. <br />III. A local ordinance that necessitates vacating the Residential <br />Real Property. <br />ii. If it is determined by any government agency or court that the <br />Tenant is at fault for the condition or conditions triggering the order <br />or need to vacate under clause (i), the Tenant shall not be entitled <br />to relocation assistance as outlined in paragraph (3) of subdivision <br />(d). <br />D. i. Intent to demolish or to substantially remodel the Residential Real <br />Property. <br />i.I. The Owner shall provide advance notice to the Tenant of <br />the ability to reoccupy the unit upon completion of the repairs, or if <br />requested by the Tenant, the right of first refusal to any comparable <br />vacant Rental Unit which has been offered at comparable Rent <br />owned by the Owner; and <br />II. In the event the Owner seeks to rent the remodeled <br />unit within six (6) months following the completion of the remodeling <br />work, the evicted Tenant shall have the right of first refusal to <br />reoccupy and rent the unit, unless the Owner provides a written <br />waiver by the Tenant of their right to reoccupy the premises <br />pursuant to this subsection. <br />iii. For purposes of this subparagraph, "substantially remodel" <br />means the replacement or substantial modification of any <br />structural, electrical, plumbing, or mechanical system that <br />requires a permit from a governmental agency, or the <br />abatement of hazardous materials, including lead -based <br />paint, mold, or asbestos, in accordance with applicable <br />federal, State, and local laws, that cannot be reasonably <br />accomplished in a safe manner with the Tenant in place and <br />that requires the Tenant to vacate the Residential Real <br />Property for at least thirty (30) days. Cosmetic improvements <br />alone, including painting, decorating, and minor repairs, or <br />other work that can be performed safely without having the <br />Residential Real Property vacated, do not qualify as a <br />substantial remodel. <br />(c) Before an Owner of Residential Real Property issues a notice to terminate a <br />Tenancy for just cause that is a curable lease violation, the Owner shall first give <br />notice of the violation to the Tenant with an opportunity to cure the violation <br />pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the <br />violation is not cured within the time period set forth in the notice, a three-day <br />notice to quit without an opportunity to cure may thereafter be served to terminate <br />the Tenancy.
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