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10B Action 2016 0119
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10B Action 2016 0119
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1/27/2016 5:38:51 PM
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1/27/2016 5:38:28 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/1/2016
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PERM
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_CC Agenda 2016 0201 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0201
8C Consent 2016 0216
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0216
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(ki) RENT INCREASE means any upward adjustment of the rent from the base rent <br />amount. Rent increase includes costs associated with the initial conversion to a Ratio Utility <br />Billing System. <br /> (lj) RENT REVIEW BOARD means the board established under Article 4 of <br />Chapter 1-3 of this Code. <br /> (mk) RESIDENTIAL PROPERTY means any housing unit offered for rent or lease <br />in the City, provided that such housing unit is in a building parcel that contains three two or more <br />tenant-occupied housing units, and mobile homes. Mobile homes are subject to this Chapter only <br />if a tenant rents the mobile housing unit itself. <br /> (nl) TENANT means any person having the legal responsibility for the payment of rent <br />for residential property in the City. “Tenant” shall include the agent or representative of the <br />tenant, provided that such agent or representative shall have full authority to answer for the <br />tenant and enter into binding agreements on the tenant’s behalf. <br /> <br />ARTICLE 2. NOTICE OF AVAILABILITY OF RENT REVIEW <br />4-32-200 NOTICE OF AVAILABILITY OF RENT REVIEW REQUIRED. <br /> In addition to the notice of a rent increase required by Civil Code Section 827(b), and at <br />the time when a landlord provides such notice of any rent increase, the landlord shall also <br />provide notice of the availability of the rent review procedure established by this Chapter. The <br />notice of availability of rent review required by Section 4-32-210 below shall be provided by the <br />landlord at the time when a landlord provides notice of any rent increase in the three <br />predominant languages spoken in the City. The City Manager or his or her designee shall <br />determine the predominant languages spoken in the City and shall ensure that copies of the <br />notice of availability of rent review required by Section 4-32-210 are made available to landlords <br />by the City in those three languages. Any rent increase accomplished in violation of this Chapter <br />shall be void, and no landlord may take any action to enforce such an invalid rent increase. Any <br />rent increase in violation of this Chapter shall operate as a complete defense to an unlawful <br />detainer action based on failure to pay any illegal rent Increase. Any tenant required to pay an <br />illegal rent increase may recover all illegal rent increase amounts actually paid by the tenant. <br /> If a landlord fails to properly notice a tenant pursuant to this Chapter, the landlord must <br />re-notice the tenant in accordance with this section prior to demanding or accepting any increase <br />in rent. <br /> <br />4-32-205 CONTENTS OF NOTICE. <br /> All notices of the availability of rent review shall be in writing, shall provide the name, <br />address and phone number of the landlord and shall be personally delivered to the tenant or <br />posted and mailed to the tenant at the address of the tenant’s rental unitresidential property by <br />first class mail, postage pre-paid. Service by mail shall be presumed complete within five (5) <br />days of mailing. This presumption may be rebutted by the tenant. <br />
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