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Item 27 - Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections(2) Proposal to Permit Noncitizen Voting in Municipal Elections
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10/17/2023 Regular
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Item 27 - Ballot Measures: (1) Rent Stabilization and Just Cause Eviction Ordinance and (2) Proposal to Permit Noncitizen Voting in Municipal Elections(2) Proposal to Permit Noncitizen Voting in Municipal Elections
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10/11/2023 4:18:44 PM
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10/11/2023 3:19:51 PM
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City Clerk
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Agenda Packet
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City Attorney's Office
Item #
27
Date
10/17/2023
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(g) It shall be a defense to an action for possession of a Rental Unit under this <br />Division if a trier of fact determines that: <br />1) Both of the following provisions apply: <br />A. The Tenant or Tenant's household member is a victim of an act or <br />acts that constitute domestic violence, elder or dependent adult <br />abuse, sexual assault, human trafficking, or stalking if the <br />domestic violence, elder or dependent adult abuse, sexual <br />assault, human trafficking, or stalking has been documented by <br />one (1) of the following: <br />i. A temporary restraining order, emergency protective order, <br />or protective order issued within the last one hundred <br />eighty (180) days pursuant to law that protects the Tenant <br />or a household member from domestic violence, elder or <br />dependent adult abuse, sexual assault, human trafficking, <br />or stalking; or <br />ii. The Tenant or a member of their household has filed a <br />police report within the previous one hundred eighty (180) <br />days alleging that they are a victim of domestic violence, <br />elder or dependent adult abuse, sexual assault, human <br />trafficking, or stalking. <br />B. The notice to vacate is substantially based upon the act or acts <br />constituting domestic violence, elder or dependent adult abuse, <br />sexual assault, human trafficking, or stalking against the Tenant <br />or their household member, including, but not limited to, an action <br />for possession based on complaints of noise, disturbances, or <br />repeated presence of police. <br />2) Notwithstanding this Section, an Owner may terminate the Tenancy if: <br />A. The Tenant or the person protected by a court order or who filed a <br />police report allows the person against whom the protective order <br />has been issued or who was named in the police report as <br />committing an act of domestic violence, elder or dependent adult <br />abuse, sexual assault, human trafficking, or stalking, to visit the <br />rental property; or <br />B. The Owner reasonably believes the presence of the person <br />against whom the protective order has been issued or who was <br />named in the police report as having committed an act of <br />domestic violence, elder or dependent adult abuse, sexual <br />assault, human trafficking, or stalking poses a physical threat to <br />other Tenants, guests, invitees, or to a Tenant's right to quiet <br />enjoyment and the Owner previously gave the Tenant a three (3) <br />day written notice to cease and correct this violation. <br />3) The provisions of this Division shall not supersede any other applicable <br />state laws relating to victims of an act of domestic violence, sexual <br />14 <br />
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