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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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3/24/2026 11:57:02 AM
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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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7) Changes in the utility charges for the Rental Unit paid by the <br /> Landlord, and the extent, if any, of reimbursement from the <br /> Tenants; <br /> 8) Changes in reasonable Operating Expenses; <br /> 9) Changes in Net Operating Income; <br /> 10) The need for repairs caused by circumstances other than ordinary <br /> wear and tear; <br /> 11) The amount and quality of Housing Services provided by the <br /> Landlord to the Tenants; <br /> 12) Compliance with any existing Rental Agreement lawfully entered <br /> into between the Landlord and Tenants; and <br /> 13) Landlord's substantial compliance with this Article and applicable <br /> housing, health and safety codes. <br /> Section 8-3143 — Capital Improvement Petition <br /> (a) Effective July 1, 2023, or as modified by resolution of the City Council, a <br /> Landlord may submit a Capital Improvement Petition to the Program Administrator in <br /> accordance with the procedures set forth in this Division requesting a pass-through cost <br /> to the Tenants to cover expenses incurred by the Landlord to complete Capital <br /> Improvements for the Rental Unit pursuant to the following provisions: <br /> 1) The Capital Improvement was paid for and completed after <br /> November 19, 2021 (the effective date of the first adopted Rent <br /> Stabilization Ordinance); <br /> 2) The Capital Improvement was paid for and completed prior to the <br /> filing of the Capital Improvement Petition; <br /> 3) A Capital Improvement Petition must be initiated by the Landlord <br /> within two (2) years of completion of the Capital Improvement; <br /> 4) A Capital Improvement Petition shall not apply to Rental Units or <br /> new Tenants whose initial Rent was established after the Landlord <br /> completed the Capital Improvement; <br /> 5) The Landlord may not require a Tenant to pay any amount of any <br /> cost that is attributable to any period of time that the Tenant was <br /> not entitled to use and occupy the Rental Unit; <br /> 6) The Landlord may not require a Tenant to pay more than the <br /> Tenant's share of the cost attributable to that Tenant's Rental Unit <br /> that is permitted to be passed through to the Tenant; <br /> 7) If the Capital Improvement inures solely to the benefit of one or <br /> more of the Rental Units, but to less than all, the surcharge shall be <br /> so annualized, but shall be applied and/or prorated only with <br /> respect to the one or more Rental Units actually so benefited; <br /> 23 <br /> Resolution No. 2026-006 <br /> Page 25 of 82 <br />
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