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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
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Agenda Packet
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City Attorney's Office
Item #
26
Date
10/17/2023
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to execute a written extension or renewal of the lease for an <br />additional term of similar duration with similar provisions, <br />provided that those terms do not violate this section or any <br />other provision of law. <br />F. Criminal activity by the Tenant on the Residential Real <br />Property, including any common areas, or any criminal <br />activity or criminal threat, as defined in subdivision (a) of <br />Section 422 of the Penal Code, on or off the Residential Real <br />Property, that is directed at any Owner or agent of the Owner <br />of the Residential Real Property or members of Tenant's <br />household or other Tenants of the Residential Real <br />Property. This at -fault, just cause provision shall apply if the <br />Owner has, within a reasonable time, reported the criminal <br />activity to law enforcement. Further, at -fault, just cause <br />eviction of a Tenant under this provision shall only apply to <br />that Tenant who committed the criminal activity described <br />herein. If a Tenant is acquitted or found not guilty of the <br />charges giving rise to eviction, or if charges are not filed <br />against the Tenant within the applicable statute of limitations <br />period, the Tenant shall be offered the right to restore the <br />Tenancy only if the same Residential Real Property is <br />available. <br />G. Assigning or subletting the premises in violation of the Tenant's <br />lease, as described in paragraph (4) of Section 1161 of the Code <br />of Civil Procedure. <br />Notwithstanding any contrary provision in this section, an <br />Owner shall not take any action to terminate a Tenancy <br />based on a Tenant's sublease of the Residential Real <br />Property if all the following requirements are met: <br />I. The Tenant requests permission from the Owner in <br />writing to sublease the Residential Real Property; <br />11. The Tenant continues to reside in the Residential <br />Real Property as their primary residence; <br />111. The sublease replaces one (1) or more departed <br />Tenants under the lease on a one -for -one basis; and <br />IV. The Owner fails to respond to the Tenant in writing <br />within a reasonable amount of time of the receipt of <br />the Tenant's written request. If the Owner fails to <br />respond to the Tenant's written request, the request <br />shall be deemed approved by the Owner if the lease <br />is for a period of one (1) year or less. An Owner's <br />reasonable refusal of the Tenant's written request <br />may be based on, but is not limited to, the ground that <br />the total number of occupants in a Residential Real <br />Ordinance No. NS - <br />Page 6 of 20 <br />
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