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1 (2) "Non public competitor data"means information that is not available to the <br /> 2 general public, including information about actual rent prices, occupancy rates, lease start and end <br /> 3 dates, and similar data, regardless whether the information is attributable to a specific competitor or <br /> 4 anonymized, and regardless whether it is derived from or otherwise provided by another erson that <br /> 5 competes in the same market or a related market. <br /> 6 (d) Remedies. <br /> 7 (1) The City Attorney may file a civil action for violations of subsections (a) and/or (b), <br /> $ for dama eg s, injunctive relief, restitution/return of illegal profits, and/or civil penalties of p to $1,000 <br /> g per violation. The court shall award reasonable attorney's fees and costs to the City Attorney if the <br /> 10 City Attorneyis s the prevailing party in such a civil action. <br /> 11 (2) A tenant may file a civil action for violations of subsection (b),for injunctive relief <br /> 12 money damages, and/or civil penalties of'upto $1,000 per violation. The court shall award reasonable <br /> 13 attorney's fees and costs to the tenant if the tenant is the prevailing party in such a civil action. A lease <br /> 14 provision that limits a prevailing tenant from obtaining attorneys'fees shall not be enforceable a ainst <br /> 15 a tenant's claim for attorneys'fees that arises under this subsection (d)(2). <br /> 16 (e) Undertaking for the General Welfare. In enacting and implementing this Section 37.1OC, <br /> 17 the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it <br /> 18 imposing on its o ficers and employees, an obli ag tion for breach of which it is liable in money damages <br /> 19 to any person who claims that such breach proximately caused injury. <br /> 20 (Q Severability. If any subsection, sentence, clause,phrase, or word of this Section 37.1OC, <br /> 21 or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a <br /> 22 decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining <br /> 23 portions or applications of the Section. The Board of Supervisors hereby declares that it would have <br /> 24 passed this Section and each and every subsection, sentence, clause,phrase, and word not declared <br /> 25 <br /> Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey <br /> BOARD OF SUPERVISORS Page 4 <br />