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<br /> <br /> NOTICE: Under Civil Code Section 827(b) a landlord must provide a tenant with thirty <br />(30) days notice prior to a rent increase of ten percent (10%) or less and sixty (60) days notice of <br />a rent increase of greater than ten percent (10%). Under Title 4, Chapter 37 of the San Leandro Municipal Code, a landlord must at the same time as a notice under Civil Code Section 827(b), <br />provide this notice of the tenant’s entitlement to relocation assistance. Qualifying tenants are <br />entitled to the following forms of relocation assistance: (a) A relocation fee which shall be the <br />cash equivalent of three times the most current Fair Market Rents as published annually by the <br />U.S. Department of Housing and Urban Development (“HUD”) for the Oakland-Fremont, California HUD Metro FMR Area in the Federal Register, or three times the monthly rent that <br />the tenant(s) is paying at the time the notice of the landlord-caused termination is delivered, <br />whichever amount is greater; and (b) One Thousand Dollars ($1,000) for special-circumstances <br />households. Special-circumstances households include the following: (1) At least one (1) <br />member is sixty-two (62) years of age or older; (2) At least one (1) member qualifies as disabled as defined by Title 42, United States Code, section 423 or handicapped as defined by California <br />Health and Safety Code Section 50072; or (3) Is a household with one (1) or more minor <br />children (under eighteen (18) years of age) who are legally dependent (as determined for federal <br />income tax purposes). Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate <br />against a tenant for lawfully and peaceably exercising his or her legal rights. <br />4-37-325 Retaliation prohibited. <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 her legal rights. <br /> <br />Article 4 Enforcement <br /> <br />4-37-400 Failure to comply. A landlord’s failure to comply with any requirement of this Chapter may be asserted as <br />an affirmative defense in an action brought by the landlord to recover possession of the <br />residential property. Additionally, any attempt to recover possession of a residential property in <br />violation of this Chapter shall render the landlord liable to the tenant for actual and punitive <br />damages, including damages for emotional distress, in a civil action for wrongful eviction. The tenant may also seek injunctive relief and money damages for wrongful eviction and/or failure to <br />pay relocation assistance. A landlord may seek money damages for a tenant’s failure to <br />reimburse relocation assistance if the tenant ultimately fails to vacate the residential property <br />following a landlord-caused termination where a landlord provides a proposed rent increase, or <br />proposed rent increases, that raise the rent to an amount more than fifteen percent (15%) greater than the base rent during a twelve (12) month period. The prevailing party in an action for <br />wrongful eviction and/or failure to pay relocation assistance or reimburse relocation assistance <br />shall recover costs and reasonable attorneys’ fees. <br /> <br />Article 5. Miscellaneous 4-37-500 Annual Review. <br />280