A. No Owner or such Owner’s agent, contractor, subcontractor, or employee, alone or in concert with another, shall do any of the following in Bad Faith to a Tenant or with respect to a Residential Rental Unit, as applicable:
3. Fail to exercise commercially reasonable efforts and diligence to commence and complete repairs or maintenance;
4. Abuse the Owner’s right of lawful access into a Residential Rental Unit. This includes entries for “inspections” that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry;
5. Abuse the Tenant with words which are offensive and inherently likely to provoke an immediate violent reaction;
6. Influence or attempt to influence a Tenant to vacate a rental housing unit through fraud, intimidation or coercion;
7. Threaten the Tenant, by word or gesture, with physical harm;
8. Violate any law that prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS, occupancy by a minor child, or any other protected classification;
9. Take action to terminate any Tenancy including service of notice to quit or other eviction notice or bring any action to recover possession of a Residential Rental Unit based upon facts that the Owner has no reasonable cause to believe to be true or upon a legal theory that is untenable under the facts known to the Owner. No Owner shall be liable under this section for bringing an action to recover possession unless or until the Tenant has obtained a favorable termination of that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a Tenant on behalf of an Owner to recover possession of a Residential Rental Unit;
11. Refuse to accept or acknowledge receipt of a Tenant’s lawful rent payment, excluding circumstances where an unlawful detainer or other civil action is pending that could be impacted by acceptance of rent;
B. No Owner shall retaliate against a Tenant because of the Tenant’s exercise of rights under this chapter. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation.
C. This section shall not apply to Mobile Home Residency Law (“MRL”) Tenancies under Civil Code Section 798.12 or mobile home Tenants because the provisions of Civil Code Section 1940.2 and Civil Code Division 2, Part 2, Chapter 2.5 apply to such Tenancies. (Ord. 3527 § 2, 2022).