a. A tenant
may refuse to pay any rent in excess of the maximum allowable rent
permitted by this title. The fact that such unpaid rent is in excess
of the maximum rent shall be a defense in any action brought to recover
possession of a rental unit for nonpayment of rent or to collect the
illegal rent.
b. A tenant shall not pay otherwise allowable rent increases under Chapter
17.36 if the landlord has failed to substantially comply with the registration requirements of this title after notification from the city to tenants of the failure to comply with registration requirements. The nonpayment of rent increases in good faith pursuant to this section shall be a defense to any action brought to recover possession of a rental unit for nonpayment of rent.
c. Any
person or entity who willfully demands, accepts or retains any payment
in violation of the provisions of this title or in violation of the
prior moratorium ordinance regulating rents adopted November 29, 1984
shall be liable in a civil action to the person from whom such payment
is demanded, accepted or retained for damages in the sum of three
times the amount by which the payment or payments demanded, accepted,
or retained exceed the maximum amounts which could be lawfully demanded,
accepted, or retained together with reasonable attorneys' fees and
costs as determined by the court. The retention of amounts received
in violation of this title shall be deemed a continuing violation
until such amounts are refunded to the affected persons.
d. Any
person, including the city, may enforce the provisions of this title
by means of a civil action. Any person or entity violating any of
the provisions of this title is liable for each and every such offense
for actual damages suffered by the aggrieved party, or for statutory
damages in the sum of $1,000, whichever is greater, and for punitive
damages. The prevailing party may also recover such attorneys' fees
and costs as may be determined by the court.
e. Any
person or entity violating any of the provisions of this title or
the prior moratorium ordinance regulating rents adopted on November
29, 1984 shall be guilty of a misdemeanor. Any person or entity convicted
of a misdemeanor under the provisions of this title shall be punishable
by a fine of not more than $1,000 or by imprisonment for a period
of time not exceeding six months, or by both. Each violation of any
provision of this title, and each day during which any such violation
is committed or continued shall constitute a separate offense.
f. The
City Attorney or any other person authorized by the City Council may
bring an action on behalf of the city and/or on behalf of tenants
seeking injunctive relief to compel compliance with or prohibit violations
of this title. Such relief may include an order requiring that all
amounts accepted or retained in violation of this title be refunded
to the affected persons.
g. The
amount of any fee and penalty imposed by any of the provisions of
this title shall be deemed a debt owing to the city and may be collected
by any means provided by law.
h. Any
action challenging a decision of the Commission concerning a particular
rent adjustment proceeding shall be brought within ninety days of
the final decision by the Commission.
i. The
Commission may establish by regulation an informal procedure for resolution
of disputes that arise under this title including disputes concerning
the proper amount of the base rent for particular units, the dates
carpets and window coverings were last replaced in a given unit and
any similar matters.
j. In any action by a landlord to recover possession of a rental unit based upon nonpayment of rent by the tenant, the landlord's failure to have complied with Chapter
17.28 shall be a defense to the action if the rent demanded exceeds the amount charged the tenant at the inception of the tenancy.
k. The
city may, on its own initiative, and at its discretion, conduct hearings
for any of the following purposes:
1. To
determine whether there should be a rent adjustment based upon a discontinuance
or substantial reduction of housing services to tenants without a
corresponding reduction in rent.
2. To determine whether there should be a rent adjustment based upon the failure to comply with maintenance standards required by Section
17.56.010.
3. To
determine whether the landlord has accepted and retained rent in excess
of that permitted by this chapter and to order appropriate relief
for such overpayments.
4. To
determine or establish the base rent or maximum allowable rent for
a unit or units within a building, including, but not limited to,
units which have been enlarged, down-sized or otherwise significantly
modified.
5. To
determine the validity of an existing exemption and to revoke exemptions
determined to be invalid.
6. To
determine the actual nature and identity of base rent housing services
and current housing services being provided.
7. To
make any other determination necessary or appropriate for the fair
and effective application or enforcement of this title.
Such hearings shall be conducted after notice to the parties as set forth in Chapter 17.44 and in accordance with the procedures set forth in regulations adopted by the Commission.
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It is the intent of this section that Department-initiated hearings
be conducted as deemed necessary by the Department, and not that they
substitute for hearings initiated by the filing of an application
by the tenant. It is further the intent of this section that the remedy
provided herein is cumulative and not exclusive. Nothing contained
herein shall operate to preclude the department from pursuing other
remedies, such as civil or criminal litigation or administrative decision-making
without utilizing the hearing process authorized by this section.
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l. The
remedies provided herein are cumulative and shall not be deemed to
preclude any other remedy which may be available under any provision
of law.
(Prior code § 6414; Ord. 85-59 § 1, 1985; Ord. 85-59U § 1, 1985; Ord. 85-79 § 1, 1985; Ord. 85-79U § 1, 1985; Ord. 87-135 § 15, 1987; Ord. 87-135U § 15, 1987; Ord. 91-311 § 4, 1991; Ord. 92-333 § 1, 1992; Ord. 95-431 §§ 1 – 4, 1995; Ord. 97-482 § 2, 1997; Ord. 14-939 § 11, 2014)