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EXHIBIT 1 <br />(d)AFair Return Petitionshall be decided by the City Manager within sixty <br />(60) calendar days of the date that the application has been deemed complete, <br />including proof of service of the Fair Return Petition on the applicable tenant(s). The <br />decision shall be emailed and sent by mail, with proof of mailing to the subject property <br />owner, the owner's designated representative(s) for the Fair Return Petition, and a <br />designated representative of the tenant(s).Any appeal of the City Manager decision on <br />aFair Return Petitionshall proceed pursuant to the administrative appeal procedures <br />found in Chapter 3 of the Santa AnaMunicipal Code. <br />Section 8-1998.4Exemptions. <br />(a)Pursuant to the Costa-Hawkins Rental Housing Act, the provisions of this <br />ordinance regulating the amount of rent thataresidential real propertyowner may <br />charge shall not apply to the following:any residential real property that has a certificate <br />of occupancy issued after February 1, 1995 (Dbmjgpsojb!Djwjm!Dpef 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 interim <br />ordinance regulating the amount of rent thatamobilehomepark owner may charge for a <br />mobilehomespace shall not apply to the following: any mobilehomespace subject to a <br />long term (more than one year) rental agreement(Dbmjgpsojb!Djwjm!Dpef section 798.17); <br />any newly constructed mobilehomespace first offered for rent on or after January 1, <br />1990(Dbmjgpsojb!Djwjm!Dpef section 798.45);mobilehome <br />primary residence that are not being leased to someone else(Dbmjgpsojb!Djwjm!Dpef <br />section 798.21); and, any other provisions of the Mobilehome Residency Law <br />addressing exemptions, as applicable. <br />Section 8-1998.5Rent Increase Ineffective. <br />No rent increase shall be effective if the owner: <br />(a)Failsto substantially comply with all provisions of this Division,including <br />but not limited to the failure to provide notices as required; or <br />(b)Failsto maintain the residential real property or mobilehome spacein <br />compliance with California Civil Code Sections 1941.1 et seq. and California Health and <br />Safety Code sections 17920.3 and 17920.10; or <br />(c)Failsto make repairs ordered by the Cityor court of competent <br />jurisdiction. <br /> <br />