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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
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
P
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Section 8-3147 — Exemptions. <br /> (a) Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this <br /> ordinance regulating the amount of Rent that a Residential Real Property Owner may <br /> charge shall not apply to the following: any Residential Real Property that has a <br /> certificate of occupancy issued after February 1, 1995 (California Civil Code section <br /> 1954.52(a)(1)); and, any other provisions of the Costa-Hawkins Rental Housing Act <br /> addressing exemptions, as applicable. <br /> (b) Pursuant to the Mobilehome Residency Law, the provisions of this <br /> ordinance regulating the amount of Rent that a Mobilehome Park Owner may charge for <br /> a Mobilehome Space shall not apply to the following: any Mobilehome Space subject to <br /> a long term (more than one year) Rental Agreement (California Civil Code section <br /> 798.17); any newly constructed Mobilehome Space first offered for rent on or after <br /> January 1, 1990 (California Civil Code section 798.45); Mobilehomes not being used as <br /> a person's primary residence that are not being leased to someone else (California Civil <br /> Code section 798.21); and, any other provisions of the Mobilehome Residency Law <br /> addressing exemptions, as applicable. <br /> (c) Pursuant to the Tenant Protection Act of 2019, Civil Code section <br /> 1947.12(d), the provisions of this ordinance regulating the amount of Rent that a <br /> Residential Real Property Owner may charge shall not apply to the following: <br /> (1) Housing restricted by deed, regulatory restriction contained in an <br /> agreement with a government agency, or other recorded document <br /> as affordable housing for persons and families of very low, low, or <br /> moderate income, as defined in Section 50093 of the Health and <br /> Safety Code, or subject to an agreement that provides housing <br /> subsidies for affordable housing for persons and families of very <br /> low, low, or moderate income, as defined in Section 50093 of the <br /> Health and Safety Code or comparable federal statutes. <br /> (2) Dormitories owned and operated by an institution of higher <br /> education or a kindergarten and grades 1 to 12, inclusive, school. <br /> (3) Housing that has been issued a certificate of occupancy within the <br /> previous 15 years. <br /> (4) Residential Real Property that is alienable separate from the title to <br /> any other dwelling unit, provided that both of the following apply: <br /> A. The Owner is not any of the following: <br /> i. A real estate investment trust, as defined in section 856 <br /> of the Internal Revenue Code. <br /> 30 <br /> Resolution No. 2026-006 <br /> Page 32 of 82 <br />
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