(a) No landlord may terminate a tenancy or refuse to renew a tenancy or otherwise cause a tenant to vacate a rental unit, if the landlord’s intent in termination of the tenancy or refusal to renew the tenancy is retaliatory in nature, and if the tenant is not in default as to the payment of rent.

(b) A tenant may assert retaliation affirmatively or as a defense to the landlord’s action regardless of the period of time which has elapsed between the tenant’s assertion or exercise of rights under this chapter and the alleged act of retaliation.

(c) Retaliation against a tenant because of the tenant’s exercise of rights under this chapter is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation.

(a) Interrupt, terminate, or fail to provide housing services required by rental agreement or by federal, state, or local housing, health, or safety laws, or threaten to do so, or violate California Civil Code Sections 789.3 and 1940.2.

(b) Do any of these actions in bad faith:

(c) Abuse the right of access into a rental unit as established by California Civil Code Section 1954 or other applicable law. This includes, but is not limited to, entries for inspections that are not related to necessary repairs or services; entries that are unreasonable in frequency or duration; 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.

(d) Influence or attempt to influence a tenant to vacate a rental unit through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a tenant to the United States Department of Homeland Security.

(e) Threaten the tenant, by word or gesture, with physical harm, or repeatedly mistreat an occupant of a rental unit during in-person conversations, through social media postings or messages, or other communications, with language, verbal or written, that a reasonable person would consider likely to cause fear or provoke an immediate violent reaction.

(f) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income.

(g) Take action to terminate any tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a rental unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. No landlord shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a favorable termination of that action.

(h) Remove from the rental unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to enforcement of a legal termination of tenancy.

(i) Provide false written or verbal information regarding any federal, state, or local tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice.

(j) Offer payments to:

(k) Interfere with a tenant’s right to quiet use and enjoyment of a rental unit as that right is defined by law.

(l) Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy.

(m) Interfere with the right of tenants to: organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or distribute and post literature in common areas, including lobby areas and bulletin boards, informing other tenants of their rights and of opportunities to involve themselves in organized tenant activities.

(a) If any landlord or any person, acting as a principal or agent, offering a rental unit for rent, or any contractor, subcontractor, or employee of the landlord violates the terms of this section, an aggrieved tenant may institute a civil action, as allowed under CMC 5.14.130, for injunctive relief, direct money damages, and any other relief that the court deems appropriate.

(b) The above remedies are not exclusive and do not preclude any tenant from seeking other remedies or penalties provided by this chapter or applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this section. (Ord. 737 § 2 (Exh. A), 2023).