r-10514ATTACHMENT C
City Council Meeting 7-22-2(310 Santa Monica, California
RESOLUTION NUMBER 10b14 ECCS)
(City Council Series}
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS
A MEASURE PROPOSING TO PROTECT TENANTS FROM U~:JUST
EV3CTION AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 2, 2010, AND AUTHORIZ9NG CITY COUNCIL
MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE
PROPOSITION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, there is a severe shortage of affordable reniai housing
in Santa Monica, and the cost of market rate continues to soar; and
WHEREAS, since the inception of vacancy decontrol, the disparity
befiNeen controlled and market rents in Santa Monica gives landlords a
significant incentive to evict Fong-term tenants from controlled units; and
WHEREAS, while many landlords treat tenants fairly, .others use
relatively minor, correctable violations of rental agreements to evict
tenants; and
WHEREAS, tenants faced ir/ith eviction for such violations often do
not have reasonable time to correct them; and
WHEREAS,. tenants who are evicted usually cannot- find affordable
replacement housing within the City and are therefore foroed out of both their
homes and their community and face the risk of becoming homeless; and
WHEREAS, tenants living in uncontrolled units currently have no
protection against unjust evictions, inoiuding evictions for minor, correctable
rents! agreement violations; and
WHEREAS; tenants in uncontrolled units are often unjustly evicted either
for minor violations or for no stated reason; and
WHEREAS, such unjust evictions are particularly likely if the tenant
belongs to a disfavored group, occupies. a deed restrioted €'nit in a market rate
building, or receives Section 8 assistance; and
WHEREAS, without just oause protections, many Benahts are afraid to
assert their rights; and
WHEREAS, unjust evictions are particularly detrimental to elderly,
disabled and terminally ill people, for whom the trauma of eviotion may be
physically or emotionally devastating and may even be life threatening; and
WHEREAS, unjust evictions injure the City as a whole because they
undermine community stability and reduce soda! and economic diversity; and
WHEREAS, adopting Charter provisions requiring just cause to evict all
tenants, requiring warning notices to give reasonable time to oorreot rental
agreement violations and protectiog elderly, disabled and terminally i!I tenants
from owner ocoupanoy eviotions will proteot both tenants and community welfare
and will effectuate City policies that require preserving affordable and fair
housing and stemming the tide of homelessness; and
Vti/HEREAS, the Charter provisions will not unfairly disadvantage landlords
because they will remain able to evict tenants for nonpayment of rent, for
uncured rental agreements violations, and for occupancy by an elderly, disabled
or terminally owner.
NO1N, THEREFORE, THE CITY CO(JNCIL OF THE CITY OF SANTA MONiCA
QOES RESOLVE ANE3 PROCLAIfvi AS FOLLOWS:
SECTION 1. A General f+~unicipai Election has been called for or November 2,
2010, fore the purpose, among other things, of electing City Council members and
submitting measures and ballot propositions to the voters.
SECTION 2. ,4t the General Municipal Election called for November 2; 2010, the
following initiative proposition shall be submitted to the qualified electors of the City of
Santa [~onica:
PROPOS/TtC3N '" ": Shedd the City Charter be amended to
protect std tenants and preserve community stability and Yes
diversity by adding requirements that a landlord show goad
cause to evict any tenanf and serve a warning notice giving
reasonabfe time to correct a rents( agreement violation,
except nonpayment of rent, and adding a prohibition against
evicting tong-term elderly, disabled or terminally i(t tenants
for owner occupancy untess the proposed owner-accupant is (No
also elderly, disabled ar terminadfy idd?
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SECTIOf~ 3. The City Clerk shall transmit to the City Attorney, in accordance
with Elections Code Section 92°0; a copy of the initiative measure. The City Attorney
SECTECI~E 4. The City Council authorizes its members; as follows, to file written
arguments for or against the measure described above and which is contained in
Exhibit i to this Resolution; which Exhibit is incorporated by reference herein:
FflR:
AGAIfdST:
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All written arguments filed by any person in favor of or against any measure,
including any rebuttal arguments, shall be accompanied by the names and signatures of
the persons submitting the argument as required. by applioable law, and any names,
signatures and arguments may be filed until the time and data fixed by the City Clerk in
accordance with applicable law, after which no change may be submitted to the City
Clerk unless permitted by law.
SECTION 5. The City Clerk shall cause the text of the initiative measure, which
is contained in Exhibit 1, together with the City Attorney impartial analysis, and any
arguments for or against the rrteasure, as well as any rebuttal, to be mailed to all
qualifed voters with the sample ballot. In addition to other notices and publications
required by law, the City Clerk, not less than forty {40) days and not more than sixty {60}
SECTION ~. The provisions of Resoiut€on Numbers 10482 {CCS); 10483 {CCS},
and 10484{CCS) and 10485 {CCS} are referred to and incorporated for more particulars
concerning the General IVtunicipal Election to be held on November 2, 2010 and in all
respects the election shall be held and conducted as provided for by applicable law.
The City Clerk is authorized and directed to procure and furnish any official ballots,
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notices, printed materials and all supplies or equipment that may be necessary in order
to properly and lawfully conduct the election.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and
thencefor#h and thereafter the same sha(I be in full force and effect.
,4PPROVED AS TO FORM;
MAR A J S MOU IE
City Attorne
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PROPOSAL OF THE CITY COUNCIL OF SANTA TO AMEND THE CITY
CHARTER
Section 1806 of the City Charter of Santa Monica shall be amended as follows:
(a) No landlord shall take action to terminate any tenancy including, but
not limited to, making a demand for possession of a rental unit, threatening to'
terminate a tenancy, serving any notice to quit or other eviction notice or bringing
any action to recover possession or be granted recovery of possession of a
controlled rental unit except on one of the following grounds:
(1) The tenant has failed to pay the rent to which the landlord is entitled
under the rental housing agreement and this Article.
(2) The tenant has continued, after written notice to cease, to commit a
material and substantial breach of an obligation or covenant of his or her tenancy
which the landlord has not waived either expressly or impliedly through the
landlord's conduct and which the landlord is not estopped from asserting, other
than the obligation to surrender possession upon proper notice. Notwithstanding
any contrary provision in this Section, and notwithstanding any contrary provision
in the rental housing agreement, a landlord shall not take any action to terminate
a tenancy based on a tenant' s sublease of the unit if the following requirements
are met:
(i) The tenant continues to reside in the rental unit.
(ii) The sublease replaces a departed tenant(s) under the rental
agreement on cone-for-one basis.
(iii) The landlord has unreasonably withheld the right to sublease
following written request by the tenant. If the landlord fails to respond to the
tenant in writing within fourteen (14) days of receipt of the tenant' s written
request, the tenant' s request shall be deemed approved by the landlord.
(3) The tenant has continued, after written notice to cease, to commit
or expressly permit a nuisance in, or cause substantial damage to, the controlled
rental unit; or to create a substantial interference with the comfort, safety, or
enjoyment of the landlord or other occupants or neighbors of the same.
(4) The tenant is convicted of using or expressly permitting a controlled
rental unit to be used for any illegal purpose.
(5) The tenant, who had a rental housing agreement which had
terminated, has refused, after written request or demand by the landlord, to
execute a written extension or renewal thereof for a further term of like duration
and in such terms as are not inconsistent with or violative of any provisions of
this Article and are materially the same as in the previous agreement.
(6) The tenant has continued to refuse after written notice, to grant the
landlord reasonable access to the controlled rental unit for the purposes of
making necessary repairs or improvements required by the laws of the United
States, the State of California or any subdivision thereof or for the purpose of
showing the rental housing to any prospective purchaser or mortgagee.
(7) The tenant holding at the end of the term of the rental housing
agreement is a subtenant not approved by the landlord.
(8) The landlord seeks to recover possession in good faith for use and
occupancy by herself or himself, or her or his children, parents, grandparents,
brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. For
purposes of evictions under this Subsection:
(i) A "landlord" shall be defined as a natural person who has at least a
fifty (50) percent ownership interest in the property.
(ii) No eviction may take place if any landlord or enumerated relative
already occupies one unit on the property, or if a vacancy already exists on the
property and the vacant unit is comparable to the unit for which eviction is
sought. Where the vacant unit is determined not to be comparable, thereby
permitting eviction under this Subsection, the evicted tenant or tenants shall be
first given the right to occupy the vacant unit and the rent thereof shall be the
lesser of the maximum allowable rent for the vacant unit and the maximum
allowable rent of the unit from which the tenant or tenants are evicted. The Rent
Control Board shall promulgate regulations defining when a unit is comparable
for purposes of this paragraph.
(iii) The notice terminating tenancy shall contain the name, address
and relationship to the landlord of the person intended to occupy.
(iv) The landlord or enumerated relative must intend in good faith to
move into the unit within thirty (30) days after the tenant vacates and to occupy
the unit as a primary residence for at least one year. The Board may adopt
regulations governing the determination of good faith.
(v) If the landlord or relative specified on the notice terminating tenancy
fails to occupy the unit within thirty (30) days after the tenant vacates, the
landlord shall:
A. Offer the unit to the tenant who vacated it.
B. Pay to said tenant all reasonable expenses incurred in moving to
and/or from the unit.
(vi) No eviction pursuant to this Subsection shall be allowed in any
condominium or stock cooperative unit which has been converted from an
apartment or other rental unit after April 10, 1979, unless the Rent Control Board
has issued a removal permit or declared a vested right for said unit. As used in
this subpart, a unit shall be deemed converted after April 10, 1979, if on April 10,
1979, the recorded tract map or parcel map for the property showed the unit as
included in the property.
(vii) A landlord may not evict a tenant pursuant to this Subsection if the
tenant (A) has resided in the unit for at least five years and is either at least 62
years old or disabled; or (B) is certified as being terminally ill by the tenant's
treating physician. For purposes of this subsection, "disabled" means a person
who is receiving benefits from a federal, state, or local government, or from a
private entity, on account of a permanent disability that prevents the person from
engaging in regular, full-time employment.
Notwithstanding the above, a landlord may evict a tenant who qualifies for
the exemption if the landlord or enumerated relative who will occupy the unit also
meets the criteria for this exemption.
(9) The landlord seeks to recover possession to demolish or otherwise
remove the controlled rental unit from rental residential housing use after having
obtained all proper permits from the City of Santa Monica.
(10) The landlord has filed the requisite documents with the Rent
Control Board initiating the procedure for withdrawing units from rent or lease
under Government Code Section 7060 et seq. and the Board' s regulations, with
the intention of completing the withdrawal process and going out of the
residential rental business.
(b) Any written notice as described in Subsections (a)(2), (3) or (6)
shall be served by the landlord a reasonable period prior to serving a notice to
terminate tenancy and shall inform the tenant that a failure to cure may result in
the initiation of eviction proceedings. The Board may enact regulations regarding
reasonable notice.
(c) Notwithstanding any contrary provision in this Section or in the
rental housing agreement, if the tenant' s spouse, child(ren), and/or domestic
partner who has filed an Affidavit of Domestic Partnership with the City have lived
in the unit for at least one year at the time the tenant vacates the unit due to
death or incapacitation, the landlord is prohibited from taking any action to obtain
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possession of the unit from the tenant' s spouse, child(ren), and/or registered
domestic partner on the ground that the spouse, child(ren) and/or registered
domestic partner are not authorized to occupy the unit.
(d) Notwithstanding the above provisions, possession shall not be
granted if it is determined that the eviction is in retaliation for the tenant reporting
violations of this Article, for exercising rights granted under this Article, including
the right to withhold rent upon authorization of the Board under Section 1803(q)
or Section 1809 or for organization other tenants.
(e) In any notice purporting to terminate tenancy the landlord shall
state the cause for the termination, and in any action brought to recover
possession of a controlled rental unit, the landlord shall allege and prove
compliance with this Section. The landlord shall file with the Rent Control Board a
copy of any notice terminating tenancy, except a three day notice to pay rent or
vacate, within three days after serving the notice on the tenant.
(f) Failure to comply with any requirement of this Section may be
asserted as an affirmative defense in an action brought by the landlord to recover
possession of the unit. Additionally, any attempt to recover possession of a unit
in violation of this Article shall render the landlord liable to the tenant for actual
and punitive damages, including damages for emotional distress, in a civil action
for wrongful eviction. The tenant or the Rent Control Board may seek injunctive
relief and money damages for wrongful eviction. The prevailing party in an action
for wrongful eviction shall recover costs and reasonable attorneys' fees.
Article XXIII shall be added to the City Charter of Santa Monica as follows:
2300 Statement of Purpose
The purposes of this article are to: preserve the stability of housing,
neighborhoods, and the community; maintain social and economic diversity;
avert homelessness; and effectuate the City of Santa Monica's housing policies.
This article will achieve those purposes by protecting tenants against arbitrary,
unreasonable, discriminatory and retaliatory evictions, while recognizing the
rights of rental property owners, and will thereby preserve the public health,
safety and welfare.
2301 Findings
Whereas, there is a severe shortage of affordable rental housing in Santa
Monica and the cost of market rate rental housing continues to soar; and
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Whereas, tenants living in uncontrolled units currently have no protections
against unjust evictions, including evictions based on relatively minor and
correctable violations of rental agreements; and
Whereas, while many landlords treat tenants fairly, others arbitrarily and
unjustly evict tenants; and
Whereas, some unjust evictions are based on relatively minor and
correctable rental agreement violations; and
Whereas, other unjust evictions are undertaken without a stated cause but
are actually motivated by discriminatory interit; and
Whereas; without just cause protections, many tenants are afraid to assert
their rights; and
Whereas, once evicted, many Santa Monica residents cannot find
replacement housing within the City; and
Whereas, unjust eviction thus forces many tenants out of the City, causing
them to lose both their homes and their community; and
Whereas, for many tenants, particularly those who are elderly, disabled or
very ill, the consequences can be devastating, both physically and emotionally,
and can even threaten their lives; and
Whereas, in addition to harming the tenants, these circumstances also
injure the City as a whole because community stability and diversity are lost; and
Whereas, adopting Charter provisions that will require just cause to evict
tenants from uncontrolled units, require warning notices for rental agreement
violations and protect elderly, disabled and terminally ill tenants from owner
occupancy evictions will protect both tenants and the community and will
effectuate City policies that require preserving affordable and fair housing and
stemming the tide of homelessness; and
Whereas, these Charter provisions will not unfairly impact landlords who
will remain able to evict tenants for nonpayment of rent, unaddressed rental
agreement violations, and will also be able to evict even the most vulnerable
tenants for owner occupancy if the proposed owner occupant is elderly, disabled
or terminally ill.
Therefore, the electorate of the City of Santa Monica hereby enacts
this Charter amendment, prohibiting a landlord from terminating a tenancy
without good. or just cause.
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2302 Definitions.
The following words or phrases as used in this Article shall have the
following meanings:
(a) Nonrent-controlled Rental Units. All residential rental units in the
City of Santa Monica except those units that are subject to rent control pursuant
to Article XVIII of this Charter or are single family homes.
(b) Landlord. An owner, lessor, sublessor or any other person entitled
to receive rent for the use and occupancy of any rental unit, or an agent,
representative or successor of any of the foregoing.
(c) Rent. All periodic payments and all nonmonetary consideration
including but not limited to, the fair market value of goods or services rendered to
or for the benefit of the landlord under an agreement concerning the use or
occupancy of a rental unit and premises including all payment and consideration
demanded or paid for parking, pets, furniture, subletting and security deposits for
damages and cleaning.
(d) Rental Housing Agreement. An agreement, oral, written or implied,
between a landlord and tenant for use or occupancy of a rental unit and for
housing services.
(e) Rental Units. Any building, structure, or part thereof, or land
appurtenant thereto, or any other rental property rented or offered for rent for
living or dwelling house units, together with all housing services connected with
use or occupancy of such property such as common areas and recreational
facilities held out for use by the tenant.
(f) Tenant. A tenant, subtenant, lessee, sublessee or any other person
entitled under the terms of a rental housing agreement to the use or occupancy
of any rental unit.
(g) Property. All rental units on a parcel or lot or contiguous parcels or
contiguous Tots under common ownership.
(h) Single Family Home. A property that has been developed with only
one dwelling and any lawful accessory structures, or a lawfully created
condominium, stock cooperative or similar unit that is part of a larger residential
structure or complex.
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2303 Exemptions
This article shall not apply to the following types of rental units:
(1) Rental units in hotels, motels, inns, tourist homes and rooming and
boarding houses which are rented primarily to transient guests for a period of
less than fourteen (14) days.
(2) Rental units in any hospital, convent, monastery, extended medical
care facility, asylum, non-profit home for seniors, or dormitory owned and
operated by an institution of higher education.
(3) Rental units which a government unit, agency or authority owns,
operates, manages, or in which governmentally subsidized tenants reside only if
applicable Federal or State law or administrative regulation specially exempt
such units from municipal control.
(4) Where a unit is actually used for purposes of providing, on a
nonprofit basis, child care of other residential social services in accordance with
applicable laws. This exemption shall expire when the use upon which
exemption is based ceases. This exemption shall only apply to units as they
become vacant. This exemption shall not be construed to authorize the eviction
of any tenant. The City may adopt regulations to determine whether a unit
qualifies for an exemption under this Section.
2304 Just Cause for Evictions; Notices to Cease
(a) No landlord shall take action to terminate a tenancy in a nonrent-
controlled rental unit including, but not limited to, making a demand for
possession of a rental unit, threatening to terminate a tenancy, serving any notice
to quit or other eviction notice or bringing any action to recover possession or be
granted recovery of possession of the unit except on one of the following
grounds:
(1) The tenant has failed to pay the rent to which the landlord is entitled
under the rental housing agreement.
(2) The tenant has continued, after written notice to cease, to commit a
material and substantial breach of an obligation or covenant of his or her tenancy
which the landlord has not waived either expressly or impliedly through the
landlord's conduct and which the landlord is not estopped from asserting, other
than-the obligation to surrender possession upon proper notice. Notwithstanding
any contrary provision in this Section, and notwithstanding any contrary provision
in the rental housing agreement, a landlord shall not take any action to terminate
a tenancy based on a tenant's sublease of the unit if the following requirements
are met:
(i) The tenant continues to reside in the rental unit.
(ii) The sublease replaces a departed tenant(s) under the rental
agreement on aone-for-one basis.
(iii) .The landlord has unreasonably withheld the right to sublease
following written request by the tenant. If the landlord fails to respond to the
tenant in writing within fourteen (14) days of receipt of the tenant' s written
request, the tenant' s request shall be deemed approved by the landlord.
(3) The tenant has continued, after written notice to cease, to commit
or expressly permit a nuisance in, or cause substantial damage to, the rental unit;
or to create a substantial interference with the comfort, safety, or enjoyment of
the landlord or other occupants or neighbors of the same.
(4) The tenant is convicted of using or expressly permitting a rental unit
to be used for any illegal purpose.
(5) The tenant, who had a rental housing agreement which had
terminated, has refused, after written request or demand by the landlord, to
execute a written extension or renewal thereof for a further term of like duration
and in such terms as are not inconsistent with or violative of any provisions of
this Article and are materially the same as in the previous agreement with the
exception of any lawful change in the amount of rent.
(6) The tenant has continued to refused, after written notice, to grant
the landlord reasonable access to the rental unit for the purposes of making
necessary repairs or improvements required by the laws of the United States, the
State of California or any subdivision thereof or for the purpose of showing the
rental housing to any prospective purchaser or mortgagee.
(7) The tenant holding over at the end of the term of the rental housing
agreement is a subtenant not approved by the landlord or, in the case of a deed
restricted or some other affordable unit, is an unqualified subtenant or a tenant
who is otherwise ineligible to occupy the unit.
(8) The landlord seeks to recover possession in good faith for use and
occupancy by herself or himself, or her or his children, parents, grandparents,
brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. For
purposes of evictions under this Subsection:
(i) A "landlord" shall be defined as a natural person who has at least a
fifty (50) percent ownership interest in the property.
(ii) No eviction may take place if any landlord or enumerated relative
already occupies one unit on the property, or if a vacancy already exists on the
property and the vacant unit is comparable to the unit for which eviction is
sought. Where the vacant unit is determined not to be comparable, thereby
permitting eviction under this Subsection, the evicted tenant or tenants shall be
first given the right to occupy the vacant unit. The City may promulgate
regulations defining when a unit is comparable for purposes of this paragraph.
(iii) The notice terminating tenancy shall contain the name, address
and relationship to the landlord of the person intended to occupy.
(iv) The landlord or enumerated relative must intend in good faith to
move into the unit within thirty (30) days after the tenant vacates and to occupy
the unit as a primary residence for at least one year. The City may adopt
regulations governing the determination of good faith.
(v) If the landlord or relative specified on the notice terminating tenancy
fails to occupy the unit within thirty (30) days after the tenant vacates, the
landlord shall
A. Offer the unit to the tenant who vacated it
B. Pay to said tenant all reasonable expenses incurred in moving to
and/or from the unit.
(vi) A landlord may not evict a tenant pursuant to this Subsection if the
tenant (A) has resided in the unit for at least five years and is either at least 62
years old or disabled; or (B) is certified as being terminally ill by the tenant's
treating physician. For purposes of this subsection, "disabled" means a person
who is receiving benefits from a federal, state, or local government, or from a
private entity,. on account of a permanent disability that prevents the person from
engaging in regular, full-time employment.
Notwithstanding the above, a landlord may evict a tenant who qualifies for
the exemption if the landlord or enumerated relative who will occupy the unit also
meets the criteria for this exemption.
(g) The landlord intends to withdraw all rental-units in all buildings or
structures on a parcel of land from the rental market.
(b) Any written notice as described in Subsections (a)(2), (3) or (6)
shall be served by the landlord a reasonable period prior to serving a notice to
terminate tenancy and shall inform the tenant that a failure to cure may result in
the initiation of eviction proceedings.
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(c) Notwithstanding any contrary provision in this Section or in the
rental housing agreement, if the tenant' s spouse, child(ren), and/or domestic
partner who has filed an Affidavit of Domestic Partnership with the City have lived
in the unit for at least one year at the time the tenant vacates the unit due to
death or incapacitation, the landlord is prohibited from taking any action to obtain
possession of the unit from the tenant' s spouse, child(ren), and/or registered
domestic partner on the ground that the spouse, child(ren) and/or registered
domestic partner are not authorized to occupy the unit.
(d) Notwithstanding. the above provisions, possession shall not be
granted if it is determined that the eviction is in retaliation for the tenant reporting
violations of this Article, or for exercising rights granted under this Article.
(e) In any notice purporting to terminate tenancy the landlord shall
state the cause for the termination, and in any action brought to recover
possession of a nonrent-controlled rental unit, the landlord shall allege and prove
compliance with this Section.
(f) Failure to comply with any requirement of this Section may be
asserted as an affirmative defense in an action brought by the landlord to recover
possession of the unit. Additionally, any attempt to recover possession of a unit
in violation of this Article-shall render the landlord liable to the tenant for actual
and punitive damages, including damages for emotional distress, in a civil action
for wrongful eviction. The tenant or the City may seek injunctive relief and money
damages for wrongful eviction. The prevailing party in an action for wrongful
eviction shall recover costs and reasonable attorneys' fees.
2305 Implementation
The City Council may exercise its broad authority to protect community
health, safety and welfare by, among other things, adopting ordinances,
resolutions or regulations to implement and effectuate the provisions of this
Article, including but not limited to provisions relating to exemptions, just cause,
notices, comparability of units, and good faith. Additionally, the City Council may
create any administrative mechanisms it deems necessary for this Article's
implementation.
2306 Nonwaiverability
Any provision in a rental agreement that purports to waive or modify any
provision of this Article is contrary to public policy and is void.
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2307 Partial invalidity.
If any provision of this Article or application thereof to any person or
circumstances is held invalid, this invalidity shall not affect other provisions or
applications of this Article which can be given effect without the invalid provision.
or application, and to this end the provisions of this Article are declared to be
severable. This Article shall be liberally construed to achieve the purposes of this
Article and to preserve its validity.
2308 Civil Remedies.
Failure to comply with any requirement of this Section may be asserted as
an affirmative defense in an action brought by the landlord to recover possession
of the unit. Additionally, any attempt to recover possession of a unit in violation of
this Article shall render the landlord liable to the tenant for actual and punitive
damages, including damages for emotional distress, in a civil action for wrongful
eviction. The tenant or the City may seek injunctive relief and money damages
for wrongful eviction. The prevailing party in an action for wrongful eviction shall
recover costs and reasonable attorneys' fees.
2309 Criminal remedies.
Any landlord violating this Article shall be guilty of a misdemeanor. Any
person convicted of a misdemeanor under the provisions of this Article shall be
punished by a fine of not more than five hundred ($500.00) dollars or by
imprisonment in the county jail for a period not exceeding six months, or by both
such fine and imprisonment.
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