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Reso 2015-192
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Reso 2015-192
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12/16/2015 3:51:32 PM
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12/16/2015 3:50:40 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/7/2015
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PERM
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10B Action 2015 1207
(Reference)
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\City Clerk\City Council\Agenda Packets\2015\Packet 2015 1207
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to a resolution proposed by the Board, they may formalize the agreement in a standard form <br />signed by both parties. Neither the City nor the Board shall be a party to such an agreement, nor <br />shall the City or the Board assume any responsibility for enforcement of its terms. <br /> <br />4-32-315 CONTINUANCE. <br /> If the landlord and tenant are unable to reach a resolution of their dispute during a hearing <br />before the Board, the Board may in its discretion continue the hearing to the next scheduled <br />regular meeting or special meeting of the Board for up to one month and require the parties to <br />return for a second and final Board hearing of their dispute. Whenever the Board continues a <br />hearing of a rent dispute, the Board will provide notice of the continuance to a mailing list of <br />interested organizations that annually submit to the City Clerk a request to be included on such <br />mailing list. <br /> <br />4-32-320 FAILURE TO APPEAR— RETALIATORY EVICTION. <br /> If the tenant requesting a rent review hearing appears at a noticed Board hearing, but the <br />landlord who has been given notice of the Board hearing as required by Section 4-32-305 above <br />fails to appear before the Board without good cause, the rent increase shall be void, and the <br />landlord may not take any action to enforce such an invalid rent increase. . Commencement of <br />eviction proceedings against a tenant for exercising his or her rights under this Chapter shall be <br />considered a retaliatory eviction. If a tenant who has been given proper notice of a Board hearing <br />as required by Section 4-32-305 above of this Code fails to appear before the Board without <br />good cause, or if both the tenant and landlord fail to appear without good cause, the Board shall <br />dismiss the case and the tenant will be barred from subsequently challenging such increase <br />before the Board. <br />4-32-325 RETALIATORY EVICTION. <br /> Commencement of eviction proceedings against a tenant for exercising his or her rights <br />under this Chapter shall be considered a retaliatory eviction. Under Civil Code Section 1942.5, it <br />is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or <br />her legal rights. <br /> <br />ARTICLE 4. COUNCIL CITY MANAGER REVIEW <br />4-32-400 REFERRAL TO CITY COUNCILMANAGER <br /> If the parties to a rent dispute are unable to mutually agree to a resolution of the dispute <br />before the Board after a first hearing and a second and final continuance hearing, either party <br />may request that the Board may, in its discretion, referforward the rent dispute for further <br />consideration byto the City Manager for reviewCouncil. In its discretion, after either a first or a <br />second hearing, the Board may then request that the Council review the rent dispute. Whenever <br />the Board recommends that the Council City Manager review a rent dispute, the Board will <br />provide notice of its action to a mailing list of interested organizations that annually submit to the <br />City Clerk a request to be included on such mailing list. In the event that a landlord and tenant <br />Formatted: Underline <br />Formatted: Underline
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