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Correspondence- #25
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10/04/2022 Special and Regular
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Correspondence- #25
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10/6/2022 11:31:52 AM
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10/4/2022 10:12:37 AM
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City Clerk
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12/1/2021
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EXHIBIT 2 <br />(k) Commencing October 1, 2023, the City may commence enforcement against <br />any Landlord who fails to register a Rental Unit, or provide current and accurate data <br />regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall <br />advertise for rent, demand or accept rent for a Rental Unit, or evict any Tenant from a <br />Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no <br />petition, application, claim or request, and no rent increases shall take effect for any <br />Rental Unit unless the Landlord has accurately completed and submitted the Rental Unit <br />Registration. <br />Section 8-3161 — Rental Registry Fee <br />Effective July 1, 2023, or as modified by resolution of the City Council, an annual <br />Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with <br />Rental Units that are subject to this Article shall pay the Rental Registry Fee as <br />established by the City Council. The Rental Registry Fee is to fund the City's cost to <br />implement, administer, monitor, support, and enforce the provisions of this Article. <br />(a) Amount of Fee. A Landlord shall pay to the City a Rental Registry Fee for <br />each of the Landlord's Rental Units in the City. The amount of the Fee shall be <br />determined by resolution of the City Council adopted from time to time and set forth in <br />the City's Miscellaneous Fee Schedule. The Fee shall not exceed the amount found by <br />the City Council to be necessary to administer the provisions of this Article, and the City <br />Council's findings in this regard shall be final. <br />(b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental <br />Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar <br />days of any subsequent changes to the Rental Unit. <br />(c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee <br />who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid year <br />due date, will be delinquent and shall, in addition to the Fee, pay additional late <br />charges, penalties of assessments as determined by resolution of the City Council. The <br />amount of Rental Registry Fee and any penalty imposed by the provisions of this Article <br />shall be deemed a debt to the City. <br />(d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, <br />the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of the <br />applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly <br />installments. The Fee pass -through shall not be considered part of the Rent in <br />calculating any Rent increase. If a Landlord fails to timely pay the Fee and becomes <br />delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In <br />the event a Tenant paid registration fee pass -through costs in excess of that permitted <br />by this Division, the Landlord shall reimburse the Tenant for the registration fee pass <br />through cost overpayment. <br />1) No Pass -Through for Subsidized Tenants. No portion of the <br />registration fee may be passed through to tenants who reside in <br />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 />Page 37 of 46 <br />
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