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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 />mutually agree to a resolution of their rent dispute prior to review by the City Manager, the rent <br />dispute will no longer be forwarded to the City Manager for review. <br />4-32-405 CONSIDERATION BY CITY MANAGER. <br /> Upon referral from the Board, the City Manager may request a meeting with the tenant <br />and landlord in an effort to resolve the rent dispute. However, the City Manager shall have no <br />authority to require the tenant and landlord to meet or take any further actions pursuant to this <br />Chapter. <br /> <br />ARTICLE 5. MISCELLANEOUS <br />Formatted: Underline <br />Formatted: Underline