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2026-006 - Judgement in Case Challenging Rent Stablization & Just Cause Eviction Ordinance
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2026-006 - Judgement in Case Challenging Rent Stablization & Just Cause Eviction Ordinance
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Last modified
3/24/2026 11:57:02 AM
Creation date
3/24/2026 11:56:05 AM
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City Clerk
Doc Type
Resolution
Agency
Clerk of the Council
Item #
19
Date
3/17/2026
Destruction Year
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shall apply if the Owner has, within a reasonable time, reported the criminal activity to <br /> law enforcement. Further, at-fault, just cause eviction of a Tenant under this provision <br /> shall only apply to that Tenant who committed the criminal activity described herein. If a <br /> Tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges <br /> are not filed against the Tenant within the applicable statute of limitations period, the <br /> Tenant shall be offered the right to restore the Tenancy only if the same Residential <br /> Real Property is 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 <br /> Code of Civil Procedure. <br /> i. 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 <br /> in writing to sublease the Residential Real <br /> Property; <br /> II. The Tenant continues to reside in the Residential <br /> Real Property as their primary residence; <br /> III. The sublease replaces one or more departed <br /> Tenants under the lease on a one-for-one basis; <br /> and <br /> IV. The Owner fails to respond to the Tenant in writing <br /> within a reasonable amount of time of the receipt <br /> of the Tenant's written request. If the Owner fails <br /> to respond to the Tenant's written request, the <br /> request shall be deemed approved by the Owner if <br /> the lease is for a period of one (1) year or less. An <br /> Owner's reasonable refusal of the Tenant's written <br /> request may be based on, but is not limited to, the <br /> ground that the total number of occupants in a <br /> Residential Real Property exceeds the maximum <br /> number of occupants as determined under Section <br /> 503(b) of the Uniform Housing Code or successor <br /> provision. <br /> H. The Tenant's refusal to allow the Owner to enter the Residential <br /> Real Property as authorized by Sections 1101 .5 and 1954 of the <br /> 8 <br /> Resolution No. 2026-006 <br /> Page 10 of 82 <br />
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