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8/11/2019 Tenant Protection Ordinance
1/10
OAKLAND ., V - j.^'n?-/ ; : .
14SEP18 PHM02 - - ^ ' ^
.
_ ' . * '
Approvedas
to
Formand
Legality
O KL ND
CITY
COUNCIL
D R F T
City
Attorney
ORDINANCE
No
C M S
AN
ORDINANCE PROHIBITINGVARIOUS HARASSING BEHAVIORS
BY LANDLORDS AGAINST
TENANTS
PROVIDING CIVIL AND
ADMINISTRATIVE
REMEDIES FOR
VIOLATIONS
BUT DELAYING
EFFECTIVE
DATE
OF
ADMINISTRATIVE REMEDIES UNTIL
SUFFICIENT
FUNDINGAND
REGULATIONS
A RE INPLA CE.
W H E R E A S ,
The rental housing units
in
the CityofOaklandinclude many
subject to
rent
stabilizationand somethatare not; and ,
W H E R E A S ,
The
City
of
Oakland
is interested
in
putting
forthpolicies
that
help
to maintain the
ability
of
people
inal lincome categories to
live
in ourcity;and
W H E R E A S ,
There is a
significant
demand
fo r
rental housing inOaklandleading
to
risingrents,
caused in
part
by the
spillover
ofincreasinglyexpensive housing
costs in SanFrancisco,and the increased housing
pressures
fo rresidents across a
rangeoflowerand middle income levels warrants improvedrentstabilizationand
tenant
protectionpolicies;and
W H E R E A S ,
The cities of
San Francisco,
SantaMon ica ,WestH ol lywood ,and
EastPaloAltohave each passed ordinancesprohibitingvarious forms of
harassment
by landlords and their
agents
against
tenants;
and -
W H E R E A S ,TheCity
Co uncil
findsthatreasonable regulation ofaspectso fthe
landlord-tenant relationship is necessary in order to foster constructive
communication,
maintain anadequatesupply of
a
variety
o frental
housing
options, and protect health, safety, and the general welfare
of
thepublic;and
W H E R E A S ,
This action is exemptfromthe
Cal i forniaEnvironmental
Quality
A ct ( C E Q A )under thefol lowing,each as aseparateand independent basis,
includingbut not
limited
to, thefol lowing:
C E Q A
Guidelines Section 15378
regulatory actions). Section 15061 b) 3) no
significant
environmental impact),
and Section 15183 actions consistent withthe general plan and zoning);
Now therefore the Council of the City of Oakland
does
ordain:
Section1. That the City Councilhereby
adopts
the addition ofSection8.22.600 et
seq. asA rticleV of Chapter 8.22
of
theOaklandMunicipalCode, attached as
Exhibit
A hereto, to prohibit various harassing behaviors by landlords against
tenants.
8/11/2019 Tenant Protection Ordinance
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Section2.
This
action is exempt
from
the
California
Environmental
Quality
Act
( C E Q A )under the following,each as aseparateand independent basis,
includingbut notlimitedto, the following:C E Q AGuidelineSection 15378
regulatoryactions).Section 15061 b) 3) no
significant
environmental impact),
EindSection 15183 actions consistentwiththe general plan and zoning).
Section3. Ifany section, subsection,sentence,clause orphraseo fthis Ordinance
isfor any reason held to beinvalidor unconstitutional bydecisionofany court of
competentjurisdiction,suchdecision
shall
not affect thevalidityofthe remaining
portionso fthis Chapter. The
City Council
hereby declaresthatitwouldhave
passed this Ordinance and each section, subsection, clause orphrasethereof
irrespective
o fthe factthatone or more other sections, subsections, clauses or
phrasesmay be declaredinvalidor
unconstitutional.
IN C O U N C I L , O A K L A N D , C A L IF O R N I A ,
P A S S E D
B Y T H E FO L LO W I N G V O T E :
V * '
A Y E S - B R O O K S , G A L L O , G I B S O N M C E L H A N E Y , K A LB , K A P L A N , R E ID , S C H A A Fand
P R E S I D E N T K E R N I G H A N
N O E S - ' . '
A B S E N T
- ' '
A B S T E N T I O N
- .
\
,
A T T E S T :
'
LaTonda
S i m m o n s
CityClerl
8/11/2019 Tenant Protection Ordinance
3/10
) I ?* {J
n i
f
iC L
O F ' l H E r C i T ' r
C L E I ^ ^
Ex h i b i tA
14
SEP
18
PM
1^:02
8 22 600 Tenant
Protection
Ordinance
This
ord inan ce shal l be known a s the Tenant P rotect ion Ordinan ce ( TP O ) .
8 22 610 FindingsandPurpose
A.
Thereisa very s igni f ican t deman dforrental h ous inginO ak land leadingtorising
rents , caused
in
part
by the spillover
of
increasingly expensive hous ing cos ts
in
S a n
F ran c i s co .
B. RentsinO aklan d increased 1 2%in2012 and 15% in 2013 (S ource: Ea st Ba y
Express ,
February 12-18 , 2014, Th e
R ise
of the New Land Lords, sourcing
O a k l a n d Department
of
Hous ing and Com mun ity Development). A s noted by
a
February 8, 2014 Oakland Tribune art ic le( High prices sen ding B ay Area renters
and homebuyerstooutly ing commu nities ) , S que ezed by astronomical h ome
prices and rents
that
are almost as unaffordable,a growing numberofB ay Are a
residents are pull ing up stakes and trading long commutes
for
cheaper hous ing.
C.
Accord ingtoO akland Departmentof Housing and Community Development
citing
to
Zillow
R e a l
Es tateR e s e a rc h , the estimatedrentfor a l l homes
in
O a k l a n d
for June 2014 ($2,124)
is
nearly 11% higher than
that
for the same month last
year ($1,918), and rents ha ve r isen every month except for one s ince Janu ary
2013 (18 months
total).
If current patterns persist, the estimated
rent
forall
homes
in
June 2015will be $2,386. By compa rison , the est ima ted medianrent
for a l l O ak land homesforJ u ne 2 012 wa s $ 1 ,818 ,a3 1% i nc re as einonly36
months.
D. O n S eptember 12, 2014, the S an Fra nc isco E xaminer reportedthat S a n
Franc isco and Oakland have the dist inct ion
of
having some
of
the h ighest rental
rate increases in the nation for the month of August,
with
O ak land 's rents
increasing 14.4% since last year, according
to
data collected by Trulia.
E . The r is ing market demand
for
rental hous ing
in
O ak land icreates an incentive
for
som e landlordstoengageinharass ing behavior or fai lto make repairsto
pressure existing tenantsin
rent
controlled unitstomove s o
that
rents canbe
ra ised. Existing remedies, such as petit ioning the Rent Adjustment Program
to
restore
a
rental rate or order repairs,
or
employing an attorney
at
great co st tofile
a
lawsuittoenforce state laworleas e provisions , are ins ufficient deterrentsto
engaging in the i l legal conduct in the
first
place.
F. The imbalance between supply and demand creates an imbalanc e
of
bargaining
power between landlords and tenants, which has resulted
in
many tenan ts ,
especial ly
thosenot in
rent
controlled units, being unwillingoruna bletoa sser t
their legal rights, which is detrimental
to
the health, safety and general welfare
of
O a k l a n d
because the stabil i ty, security and qualityof housing opportunities are
reduced.
G . The Rent Adjustment Program office of the City
of
Oakland has conservat ively
estimated receiving 100to200 complaints ea ch monthfrom tenants claiming
8/11/2019 Tenant Protection Ordinance
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Counc i lmember
Dan Kalb - Tenant Protection Ordinance - 2
landlord harassment, many of which are completely outside the jurisdiction of the
Rent
Adjustment Program.
H.
Num erous press articles have reported on the rise of tenant harassm ent
throughout
the Bay
Area.
I. Data
from
organ izations providing serv ices to low-income renters in O ak lan d,
including East Bay Comm unity Law Center and Cen tre Legal de la
Raza,
indicate
that
some of their clients live in housing
with
habitability problems and
experience landlord harassment.
A
majority
of Oakland residents are renters. The rental housing units in the City
of Oakland include many subject to
rent
stabilization and some
that
are not. The
cities of San Fran cisco, San taMonica,West Hollywood, and East
Palo
Alto have
each passed ordinances prohibiting various forms of harassment by landlords
and their agents against tenants.
K. The City Co uncil of Oakland recognizes
that
displacement of tenants is a major
conce rn and is interested inputting
forth
policies
that
help to maintain the ability
of people in all income categories to live in our city. The increased housing
pressures
for residents across a range of lower and middle income levels
warrants improved
rent
stabilization a nd tenant p rotection policies. Th e C ity
Counci l
finds
that
reaso nab le regulation of asp ects of the landlord-tenant
relationship is nec ess ary in order to foster constructive com mu nication, maintain
an adequa te supp ly of a variety of rental hous ing options, and protect health,
safety, and the g enera l welfare of the p ublic.
L. The purpose of this policy is to deter ha rassing behav ior by landlords, to
encourage landlords to follow the law and uphold their responsibility to provide
habitable rental properties, and to give tenants legal recourse in instances where
they are subjected to harassing behavior by landlords.
8 22 620 Definitions
Own er has the sam e meaning as in the Just
Cause
for Eviction Ordinance
(O.M.C.
8.22.340).
Owner of
Record
has the sam e meaning a s in the Just
Cause
for Eviction
Ordinance (O.M.C.
8.22.340).
Rent
has the s am e meaning as in the Just
Cause
for Eviction Ordinance
(O.M.C.
8.22.340).
Rent
Boa rd has the sam e meaning as in the Just
Cause
for Eviction Ordinance
(O.M.C.
8.22.340).
Rental
Agreem ent has the sa me meaning as in the Just
Cause
for Eviction
Ordinance (O.M.C.
8.22.340).
Rental
Unit has the same mean ing as in the Just
Cause
for Eviction Ordinance
(O.M.C.
8.22.340).
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Councilmember
Dan Kalb
- Tenant ProtectionOrdinance- 3
Tenant has the sam e me aning as in the Just
Cause
for
Eviction Ordinan ce
(O.M.C.
8.22.340).
SkilledN ursing Facili ty has the sam e meaning as in the Just
Cause
for
Eviction
Ordinance (O .M.C.
8.22.340).
He alth Facil i ty has the sam e meaning as in the Just
Cause
for
E viction
Ordinance (O.M.C. 8.22.340).
8 22 630
Applicability
ndExemptions
A . The T P O shal l applytoall Re ntal Units where thereis aRe ntal Agreement
between an Owner and one
or
more Tenan ts, unless exem pted herein. The application
of the T P O includes units
that
may not be covered under the R ent Adjustment
Ordinance (O.M.C.
8.22.100,etseq.) or the Just
Cause
forEviction Ordinan ce
(O.M.C.
8.22.300,
et
seq.)
B. Exemptions.
1. Limited exem ptionfor
nonprofit
owned rental housing. An y Rental
Unit ownedby acorporation or organization exempt pursuant to United States
Internal
Revenue
Code
5 1
c) 3)
orany
successor
legislation exempting
charitable organizations
from
federal income tax shall have
a
limited exem ption
fromtheT P O and may be subject to administrative enforcement only, andnot
subject to civil enforcement.
2.
Re ntal Unitsinany H ospital, Skil led Nursing Facili ty,orHealth
Facility.
3.
Re ntal Unitsin anonprofitfacility
that
has the primary purpos eof
providing short
term treatment,assistance,
or therapyfor
alcohol,
drug, or other
substanceabu se and the hou sing
is
provided incident
to
the recovery program,
and where the client has been informed in
writing
ofthe tempo rary or tran sitional
nature of the housing
at its
inception an d
is
l icensed
for
such purpose where
such licenseisrequired.
4. Ren tal Units in
a
nonprofit facility w hich provides a structured living
environment that has the primary purpose
of
helping hom eless persons o btain
the skills necessary for independent living
in
permanent housing and where
occupancyisrestrictedto alimited and specific period of time of not m ore than
twenty-four 24) months and where the client has been informed in writing of the
temporary or transitional nature of the housingatits incep tion andislicense d for
such purpose where su ch licenseisrequired. ^
5. Re ntal Units exem ptedfromPa rt 4, Title 4 , C hap ter 2ofthe
California Civil Code
(CCC)by C CC 1940(b) (transient occupancyin
hotels/motels).
6. Arental
unit
inaresidential property
that
isdivided
into
amaximum
of three units, one
of
which
is
occupied by the owner
of
record as his
or
her
principal reside nce for a periodofno
less
than twelve (12) m onths. Fo r purp ose s
of this se ction , thetermowner
of
record s hall
not
include any person who claims
ahomeowner's property tax exemption on any other real property inthe Stateof
California.
8 22 640
TenantHarassment
A. No Owner
or
such O wne r's agent, contractor, subcontractor,
or
em ployee,
shalldo any of the following,
in
bad faith.
8/11/2019 Tenant Protection Ordinance
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Councilmember Dan
Kalb
Tenant P rotection Ordinance - 4
1.
Interrupt,
terminate, or fai l to provide housing services required by
contract or by S tate, Cou nty or mu nicipal hou sing, health or safety law s, or
threaten to do so;
2.
Fail to perform repairs and maintenance required by contract or by
State,C oun ty or mu nicipal hous ing, health or safety laws, or threaten to do so;
3.
Fail
to exerc ise due di ligence in completing repairs a nd m aintena nc e
once
undertaken or fai l to follow appropriate industry repair, containment or
remediation protocols designed to minimize exposure to noise, dust, lead paint,
mold, as bes tos, or other bui lding ma terialswith potential ly harmful health
impacts;
4 . Ab u s e th e O wne r ' s
right
of a c c e s s into a rental housingunita s
that
right is provided by law;
5. R emo ve from the Ren tal Un it personal property, furnishings, or an y
other items without the prior
written
con sen t of the tenant, exc ept when done
pursuant to the procedure setforth in Civil Codes ect ion 1 980, et se q.
(disposition of tenant's property after termination of tenancy).
6. Inf luence or attempt to inf luence a Ten an t to vac ate a Ren tal Unit
through fraud, intimidation or
coercion,
which shall include threatening to report a
Tenant to U .S . Immigration and Cu stoms E nforcement , though
that
prohibition
shal l not be construed a s preventing comm un icat ionwith U.S . Immigrat ion an d
Customs E nforcemen t regarding an al leged violat ion;
7. M ore than on ce in s ix (6) months offer paymen ts to a Ten an t to
vacate
after the Tenant has notified the Owner in writing the Tenant no longer
wishes to receive further offers of payments to vacate;
8. Attempt to coe rce a Ten an t to vaca tewith offer(s) of payments to
vacate which are accompanied
with
threa ts or intimidation;
9. Th reaten the tenan t, by word or gestu re,with phys ical harm;
10.
S ubs tan tial ly an d directly interfere
with
a T e nant 's
right
to quiet use
an d enjoyment of a rental h ousing
unit
a s
that right
is defined by California law;
11.
Refuse to ac cept or ac kn owledge receipt of a Ten an t 's lawful rent
payment, except as such refusal may be permitted by state law after a notice to
quit h as been served on the T enan t an d the t ime period for performan ce
pursuant to the notice has expired;
12.
Refuse
to c a s h a rent check for over 30 days, except as su ch refusal
may be permitted by state law after a notice to quit ha s been s erved on the
Tena nt a nd the t ime period for performan ce pursuan t to the n ot ice has expired;
13.
Interfere with
a Tena nt 's
right
to privacy;
14. R equ est informa tionthatv iolates a tenan t 'sright to privacy, including
but not l imited to residen ce or citizens hip status or
soc ia l
sec urity num ber, except
a s
required by law or, in the
c a s e
of a social security number, for the purpose of
obtaining information for the qualifications for a tenancy, but in any event, not
release such information except as required or authorized by law;
15.
O ther repeated acts or omiss ions of su ch s igni f ica nc e as to
substantially interferewith or disturb the com fort, repos e, pea ce or quiet of an y
person lawfully entit led to occupancy of such dwell ing
unit
a nd
that
c a u s e , are
likely to c a u s e , or are intended to cause any person lawfully entit led to
8/11/2019 Tenant Protection Ordinance
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Councilmember Dan
Kalb- Tenant P rotection O rdinance - 5
oc c upa n c y of a dwell ingunitto va ca te such dw el lingunitor to surrender or wa ive
any r ights in relat ion to such occupancy;
1 6. R emoving a housing service for the purpose of ca us ing the Tena nt to
vacate
the Ren tal Un it . For
example,
taking away a parking space knowingthat
a T e nant canno tfind alternative parking and must move.
B. Retal iat ion P rohibited. Retal iat ion aga inst a Ten an t bec a us e of the
Ten an t 's exercise of rights under the
T P O
is prohibited. R etaliation claim s may only be
brought in court and may not be a ddres se d adm inistratively. A court may con sider the
protections afforded by the T P O in evaluating a claim of retaliation.
C. E vict ions . N othing in the T P O sha l l be cons trued as to prevent an O wn er
from lawfully evict ing a Tena nt pursuant to state law or Oa klan d's Jus t
C a u s e
for
Ev ic t ion Ordinance.
( O . M. C .
8.22.300, et seq.).
D. Ren t Adjustments. Nothing in the T P O sh al l be cons trued as to prevent
a n O w n e rfrom lawfully increas ing a Tena nt 'srent pursuant to state law or Oakland's
R e n t Adjus tment O rd ina nce
( O . M. C .
8.22.100, et seq.) .
E . Not ice to Ten an ts .
1 . C o mme nce me nt .
a . For Rental Units covered by the R ent Adjustment O rdinan ce the N otice
at Com men cemen t o f Tena nc y required by O . M . C . 8.22.06 sha l l include a
reference to the T P O .
b. For al l Rental Units that are not covered by the Rent Adjustment
Ordinance,O wn ers are required to provide a not ice regarding the T P O to
al l Tenants in a formpresc ribed by the Citystaff.
c. Failure to provide the notice to tenants required by this subsection may
subject the Owner to an administrative citation or civi l penalty as set out in
8.22.550B.
2 Com mo n are a . If Ren tal Un its are located in a bui ldingwith an interior
co mmo n a rea
that
al l of the bui lding's T ena nts ha ve
a c c e s s
to, the Owner must
post a not ice in at least one su ch com mon area in the bui lding via aform
prescribed by the Citystaff.
8 22 650
GeneralRemedies
A . Violat ions of the T P O .
1. V iolations of the
T P O .
V iolat ions of 8.22.640 m ay be enforced
adm inistratively or by civi l remed ies as setforth in this section or as otherwise
specifically
set out in this O . M . C Article. Before a private party mayfilea n
adm inistrative c omplaint or a civil suit al leging a violation of
8.22.640.A.2. ,
10.,
11. , or 12., an affected Tenant mustfirst notify the O wner or his or her design ed
agent in writing regarding the problem. If the problem is not correctedwithin 15
calendar days of issuing the notice, a private party may
file
a complaint or suit.
2.
In add ition to the rem edies provided in the
T P O ,
a violator is liable
for suc h costs ,expenses, and disbursements paid or incurred by the City in
aba tement and prosecution of the violat ion.
3. The remedies ava i lable in the T P O are not exclus ive an d may be
used cumulativelywith any other remedies in this chapter or at law.
B. G en er a lAdm inistrative Rem edies.
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C o u n c i lme mb e r D a n Ka lb - Te n a n t P r o te c t io n Or d in a n ce - 6
1. Adm inistrat ive Citat ion. An yon e who violates 8.22.640.A. or E may
be issued an administrative citation. Administrative citations shall be issued in
a c c or da n c ewith O .M .C Ch apter 1.12 (Administrat ive Cita t ions ), exceptthat the
cumulat ive annual
limit
sha l l be on a per
unit
ba sis rather than on a per indiv idual
parcel
or separate structure basis.
2. Administrative A ssessmen t of
Civil
P enal ties .Any o ne wh o s e
violat ion of 8.22.640.A. or E. resul ts in a Ten an t vaca t ing her/his R enta l Unit or
wh o violates the T P O after receiving three or more adm inistrative citations for
T P O violations occurring during the preceding two year period may be
administratively a s s e s s e d a civi l penalty. C ivil pena lties for violations are
a s s e s s e d i n acc o rd ance
with
O.M.C Chapter 1.08 (Administrat ive A s s e s s m e n t of
Civil
P ena lties) a s a m ajor v iolat ion under
that
Ch apter 1.08, except
that
the
cumulative l imits shall be on a perunit basis rather than on per individual parcel
or separate structure basis.
3.
T h e City Administrator sha l l designa te
staff
authorized to issue
administrative citation and civi l penalties under the
T P O .
4 . E a c h and every day or any portion of a day during which a violation
of an y provision of this ch apter is comm itted, con tinued , or permitted is a
sepa rate violat ion and sh al l be punisha ble acc ordingly. S epa rate acts or
omiss ionsthat v iolate the T P O are separate v iolat ions an d sh al l be pun ishable
accordingly.
5. Ap pea l of Administrat ive Citat ion or Civi l P ena lty.
a . A party wh o ha s received an Adm inistrative Citation or Civil
Penal ty may ap p e a lthat action to a hearing officer designated by the City
Administrator.
b. Th e ap pea l must be f iled
with
twenty-one (21) daysfrom the
date of service of the Adm inistrative Citation or Civil P ena lty. T he da te of
service is the da te of delivery if perso na lly served or five (5) da ys a fter the
date of m ail ing if s ervice is by ma il.
c . Th e decis ion of the Hea ring O ff icer sh al l be the f inal decis ion
of the City. Anyfurther review must be bywrit of administrative
ma nda mus to the S uperior Court
6. P rivate parties ma yfile an administrative complaint al leging a violation of
the T P O no later than 180 days after the complaina nt kn ew or reas ona bly shou ld
ha ve known of the underlying conduc t.
C. G eneral C iv il R emed ies .
1. E nforcem ent by Aggrieved P art ies. An aggrieved party ma y bring a
civil action for injunctive relief or
da ma g es ,
or both, for any violation of 8.22.540.
A n aggrieved party may also request
that
an administrative citation or civi l
penalty be issued by the City.
2. E nforcem ent by City Attorney. Th e City Attorney may enforce the
T P O through civil action for injunctive relief orda ma g es , or both, for when the
party against whom enforcement is sought has a pattern and practice of violating
th e T P O . Th e City Attorney ma y also request
that
an administrative citation or
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C o u n c i lme mb e r D a n Ka lb - Te n a n t P r o te c t io n Or d in a n ce - 7
civi l pena lty be issu ed by the City. Th e City Attorney ha s the s ole discretion to
determine the c a s e s appropriate for enforcement by the City Attorney's Office.
D. Treble and E xemplary D am ages.
1. An y person who violates, aids , or incites an other perso n to violate
8.22.640.A or E. is l iable in a court action for ea c h and every such offense for
money damages of not less than three t imes actual damages suffered by an
agg rieved party (including da m a ges for men tal or em otional distres s), or for
minimum damages in the sum of one thousand dol lars, whichever is greater, and
whatever other relief the court deems appropriate. In the c a s e of an award of
da ma g es for mental or emotional distress, said award shall only be trebled if the
trierof fact findsthat the Owner acted in knowing violation of or in reckless
disregard of the T P O .
2. A court may awa rd punitive dam ages in a proper c a s e as set out in
Civil Code sect ion 3294 and pursuant to the standards set
forth
inthatC o d e
Sect ion
or any
s u c c e s s o r
thereto, but may not awardbothpuni tive da ma ges and
treble damages.
E . Civi l R em edies Inappl icable to Nonprofit O wn ed R ental Un its . Th e civi l
remedies provided for in this subsection are not applicable to Rental Units owned by a
corporat ion or organizat ion exempt pursuant to Un ited S tates
Internal
R e v e nu e C o d e
501
(c)(3)
or an y s u c c e s s o r legislation exempting charitable organizationsfrom federal
income tax.
F. Injunctive Rel ief Any person who commits an act, proposes to commit an
act , or enga ges in a nypatterna nd pract ice wh ich v iolates the T P O may be enjoined
therefrom by any court of competent jurisdiction. An action for injunction under this
subsection may be brought by any aggrieved person, by the City Attorney (for a pattern
an d prac t ice only), or by any person orentityw h owill fairly and adequately represent
the interest of the protected c lass.
G . Attorney's Fees a n d Costs
1. Ac tion by City Attorney. In an y adm inistrative, civi l, or sp ec ial
proceeding brought pursuant to the
T P O ,
the City may, at the
initiation
of the
proceeding, s eek an awa rd of attorney's fees. I f the C ity seek s an awa rd of
attorney's fees, the award shall be made to the prevail ing party. Provided
however,that no award may be made to a prevail ing partythat exceed s the
amount of reasonable attorney's fees incurred by the City in the action or
proceeding.
Cou rt cos ts ma y be aw arded to a prevailing party pursu an t to state
law.
2.
Ac tion by P rivate P arty. In an y civil ac tion brought pursu an t to the
T P O . ,
the prevail ing Tenant is entit led to recover the Tenant's reasonable
attorney's fees . A defendant O wner may recover reas on able attorney's fees if
the com plaint brought by the T ena nt wa s devoid ofmerit and brought in bad faith.
Court costs may be awarded to a prevail ing party pursuant to state law.
3.
Costs
of Investigation. In the event the C ity Attorney brings an
administrative, civi l , or special proceeding pursuant to the T P O , the City Attorney
may recover its costs of investigation.
8 22 660Miscellaneous
A . Regulat ions and Forms. Th e Rent Board ha s theauthority to mak e such
regulations to implement this O . M . C . 8 . 2 2 Art ic le V a s are not incons istentwiththe
T P O .
Within 90 days of the effective date of the
T P O ,
the City Administrator or his or her
8/11/2019 Tenant Protection Ordinance
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C o u n c i lme mb e r D a n Ka lb - Te n a n t P r o te c t io n O r d in a n ce - 8
designee
s ha l l develop forms to implement this sec t ion . An y ch an ges to theinitial forms
sha l lbe effectivethirty (30) days after they are made available to the public at the Rent
Adjustment Program off ices, unless the Rent Adjustment Program makes a f inding
that
a n
earlier effective date is
necessa ry.
Al l Forms required by the T P O sha l l include
tran slat ions in all group langu ages , as speci f ied for Tier
required translations in
O . M . C
Ch apter 2.30.
B.
N on- wa iverabil ity. An y provision, wh ether oral or
written,
in or pertaining to
a rental agreement whereby any provision of the
T P O
is wa ived or modified, is aga inst
public policy and void.
C.
Implementation Da te. T he adm inistrative remed ies provided in
subsect ion
O . M. C . 8.22.650B sha l l not be implementeduntilfunding and staff ing
sufficient to implement these remedies is in place. The City Administrator, or his or her
designee, s ha l l condu ct a fee ana lysis an d develop an implementation plan regarding
the administrative remedies program of the T P O and shall present them to the City
Counc i l
for approval no later than M arch 31 , 201 5. R equirements related to City-
provided notices shall not take effectuntilsuch n ot ices are ava i lable to the pu bl ic a nd
effective.