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<br />1)If the main intent of the Ownerin terminating a Tenancy or refusing to <br />renew a Tenancy is retaliatory in nature, and if the tenant is not in <br />default as to the payment of rent, then the Owner may not terminate <br />the Tenancy or refuse to renew the Tenancy or cause the tenant to quit <br />involuntarily. <br /> <br />2) A tenant may assert retaliation affirmatively or as a defense to the <br /> action regardless of the period of time which has elapsed <br />between the tenant's assertion or exercise of rights under this Article <br />and the alleged act of retaliation. <br /> <br />3) Retaliation against a tenant because of the tenant's exercise of rights <br />under this Article is prohibited. Retaliation claims may only be brought <br />in court and may not be addressed administratively. A court may <br />consider the protections afforded by this Article in evaluating a claim of <br />retaliation. <br /> <br />(b) Anti-Harassment. No Owner, or any person, acting as a principal or agent, <br />offering residential real property for rent, or any contractor, subcontractor or <br />employee of the Owner shall, with respect to residential real property under <br />any Rrental Aagreement or other Tenancy or estate at will, however created, <br />do any of the following: <br /> <br />1) Interrupt, terminate, or fail to provide housing services required by <br />Rrental Aagreement or by federal, State, County, or local housing, <br />health, or safety laws, or threaten to do so, or violate or threaten to <br />violate Civil Code section 789.3. <br /> <br />A. <br />provision does not include interruptions, terminations, or failure <br />to provide housing services as a result of interruptions, outages, <br />or terminations caused by events or actions outside of the <br />disaster. Further, this provision does not include stoppages, <br />outages, terminations, and interruptions properly noticed to <br />tenants as required by a signed rental agreement. <br /> <br />2) Take any of the following actions in bad faith: <br /> <br />A. Fail to perform repairs and maintenance required by Rrental <br />Aagreement or by federal, State, or local laws; <br /> <br />B. Fail to exercise due diligence in completing repairs and <br />maintenance once undertaken; <br /> <br />Ordinance No. NS - ____ <br />Page 16 of 22 <br /> <br />