[Amended 4-6-2022 by Ord. No. 2022-02]
A. The landlord
shall provide a minimum of 120 days' written notice to current tenants
of a residential unit before doing any of the following:
(1) Renewing
the current rental agreement.
(2) Showing
the residential unit to prospective new tenants or otherwise suggesting
to prospective tenants that the unit is currently available for rent.
(3) Entering
into a rental agreement with new tenants.
B. Such written
notice may be provided at any time during the rental agreement period,
from the effective date onwards. This provision of notice shall not
apply under any of the following conditions:
(1) The
current rental agreement period is less than nine months.
(2) A
summons and complaint to recover possession of the premises has been
filed and served on the current tenant in accordance with all applicable
laws and rules.
(3) The
landlord and tenant mutually agree, in writing, to waive the notice
period by specifically including the following language bolded and
explicitly visible on the first page of the contract:
"As per Chapter 258-10(A) of the City of Ithaca Municipal
Code, landlords shall provide a minimum of 120 days' written notice
to current tenants of a residential unit before doing any of the following:
(1) Renewing the current rental agreement
(2) Showing the residential unit to prospective
new tenants or otherwise suggesting to prospective new tenants that
the unit is currently available for rent
(3) Entering into a rental agreement with new
tenants
By initialing here ____, I fully understand and willingly
waive my rights to 120 days' written notice in advance of the above."
Any landlord or agent who violates any provision of §
258-10 shall be liable for a civil penalty of up to $500. Factors to be considered when assessing the fine would include the number of tenants, the number of units on the property, etc.