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Item 33 - Rent Stabilization Ordinance and Just Cause Eviction Ordinance
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Item 33 - Rent Stabilization Ordinance and Just Cause Eviction Ordinance
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8/17/2023 12:21:20 PM
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Agenda Packet
Agency
Clerk of the Council
Item #
33
Date
9/21/2021
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<br />Ordinance No. NS - ____ <br />Page 14 of 22 <br />dependent adult abuse, sexual assault, human <br />trafficking, or stalking. <br /> <br />B. The notice to vacate is substantially based upon the act or acts <br />constituting domestic violence, elder or dependent adult abuse, <br />sexual assault, human trafficking, or stalking against the tenant <br />or their household member, including, but not limited to, an <br />action for possession based on complaints of noise, <br />disturbances, or repeated presence of police. <br /> <br />2) Notwithstanding this Section, an Owner may terminate the Tenancy if: <br /> <br />A. The tenant or the person protected by a court order or who filed <br />a police report allows the person against whom the protective <br />order has been issued or who was named in the police report as <br />committing an act of domestic violence, elder or dependent <br />adult abuse, sexual assault, human trafficking, or stalking, to <br />visit the rental property; or <br /> <br />B. The Owner reasonably believes the presence of the person <br />against whom the protective order has been issued or who was <br />named in the police report as having committed an act of <br />domestic violence, elder or dependent adult abuse, sexual <br />assault, human trafficking, or stalking poses a physical threat to <br />other tenants, guests, invitees, or to a tenant’s right to quiet <br />enjoyment and the Owner previously gave the tenant a three (3) <br />day written notice to cease and correct this violation. <br /> <br />(h) Any waiver of the rights under this section shall be void as contrary to <br />public policy. <br /> <br />(i) For the purposes of this Division, the following definitions shall apply: <br /> <br />1) “Owner” and “residential real property” have the same meaning as <br />those terms are defined in Civil Code Section 1954.51. <br /> <br />2) “Tenancy” means the lawful occupation of residential real property or <br />mobilehome space and includes a lease or sublease, as such may be <br />subject to local ordinance pursuant to the terms of the Costa -Hawkins <br />Rental Housing Act, California Civil Code section 1954.50. et seq., and <br />the Mobilehome Residency Law, Civil Code section 798, et seq. <br /> <br />Section 8-1995 – Notice of Termination of Tenancy. <br /> <br />(a) When terminating a Tenancy either at-fault or no-fault, an Owner must <br />comply with all of the following: <br />EXHIBIT 4
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