§98.0709 Remedies — San Diego Zoning Code

(a) A tenant claiming a violation of this Division may file an action against a landlord in a court of competent jurisdiction.
(b) A tenant may seek injunctive relief, equitable relief, and money damages, including punitive damages, in a civil action against a landlord for a violation of this Division.

Ch. Art. Div. 9 8 7 18

San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

(3-2024)

(c) A tenant may raise, as an affirmative defense, any violation or noncompliance with this Division in any action by a landlord to recover possession of a residential rental property .
(d) Any attempt by a landlord to recover possession of a residential rental property or any actual recovery of possession of a residential rental property in violation of this Division shall render the landlord liable to the tenant in a civil action for wrongful eviction for damages of not less than three times the actual economic damages.
(e) Any landlord who fails to provide relocation assistance as required by section 98.0706(c) shall be liable to the tenant in a civil action for not less than three times the required relocation assistance and actual economic damages.
(f) In the court's discretion, a landlord who attempts to recover possession of a residential rental property in material violation of this Division shall be liable to the tenant in a civil action for reasonable attorney’s fees and costs.
(g) The remedies under section 98.0709 are cumulative and may be used in addition to any other remedies in this Division or at law, statute, or ordinance.
(h) The City may enforce this Division under Chapter 1, Article 2 of this Code, including civil and criminal remedies.

(“Remedies” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.) (Amended 2-27-2024 by O-21769 N.S.; effective 3-28-2024.)