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Item 26 - Rent Stabilization and Just Cause Eviction Ordinance Amendments
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10/17/2023 Regular
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Item 26 - Rent Stabilization and Just Cause Eviction Ordinance Amendments
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10/11/2023 4:18:06 PM
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10/11/2023 3:21:03 PM
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City Clerk
Doc Type
Agenda Packet
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City Attorney's Office
Item #
26
Date
10/17/2023
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i. A temporary restraining order, emergency protective order, <br />or protective order issued within the last one hundred eighty <br />(180) days pursuant to law that protects the Tenant or a <br />household member from domestic violence, elder or <br />dependent adult abuse, sexual assault, human trafficking, or <br />stalking; or <br />ii. The Tenant or a member of their household has filed a police <br />report within the previous one hundred eighty (180) days <br />alleging that they are a victim of domestic violence, elder or <br />dependent adult abuse, sexual assault, human trafficking, or <br />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 or <br />their household member, including, but not limited to, an action for <br />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 against <br />whom the protective order has been issued or who was named in <br />the police report as having committed an act of domestic violence, <br />elder or dependent adult abuse, sexual assault, human trafficking, <br />or stalking poses a physical threat to other Tenants, guests, <br />invitees, or to a Tenant's right to quiet enjoyment and the Owner <br />previously gave the Tenant a three (3) day written notice to cease <br />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 assault, <br />stalking, human trafficking, abuse of an elder or a dependent adult, or of <br />other specified crimes, as provided for in Civil Code section 1946.7 and <br />Code of Civil Procedure sections 1161.3 and 1174.27. <br />(h) It shall be a defense to a no fault just cause action for possession of a Rental <br />Unit under this Division if a person under the age of twenty-one (21) is a resident <br />of the subject Rental Unit, or has a custodial or family relationship with a Tenant <br />in the subject Rental Unit, and who is registered and actively attending any level <br />of school during a specified school term. <br />(i) At least sixty (60) days prior to the sale of a Mobilehome Park, the Owner shall <br />provide notice of such proposed sale to the Mobilehome Park residents and <br />Ordinance No. NS - <br />Page 12 of 20 <br />
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