San Jose Municipal Code Part 11 Enforcement

A. Any waiver or purported waiver by a mobilehome owner or mobilehome tenant of rights granted under this chapter prior to the time when such rights may be exercised shall be void as contrary to public policy, except as provided in Section 17.22.370.

B. It shall be unlawful for a landlord to require or attempt to require, as a condition of tenancy in a mobilehome park, a mobilehome owner, mobilehome tenant, prospective mobilehome owner, or prospective mobilehome tenant to waive in a lease or rental agreement or in any other agreement the rights granted to a mobilehome owner or mobilehome tenant by this chapter.

C. It shall be unlawful for a landlord to deny or threaten to deny tenancy in a mobilehome park to any person on account of such person's refusal to enter into a lease or rental agreement or any other agreement under which such person would waive the rights granted to a mobilehome owner or mobilehome tenant by this chapter.

D. Nothing in this section shall preclude a mobilehome park landlord and a mobilehome owner, mobilehome tenant, prospective mobilehome owner or prospective mobilehome tenant from entering into a lease or rental agreement described in Section 17.22.370 provided that such lease or rental agreement is not procured by a requirement that it be entered into as a condition of tenancy in the mobilehome park and is not procured under threat of a denial of tenancy in the mobilehome park.

(Ords. 22020, 22053, 22284, 22850.)

A. It shall be unlawful for any landlord to evict a mobilehome owner or mobilehome tenant where the landlord's dominant motive in seeking to recover possession of the rental unit is:

1. Retaliation for the mobilehome owner's or mobilehome tenant's organizing, petitioning government for rent relief, or exercising any right granted under this chapter; or

2. Evasion of the purposes of this chapter.

B. It shall be unlawful for a landlord to retaliate against a mobilehome owner or mobilehome tenant for the owner's or tenant's assertion or exercise of rights under this chapter in any manner, including but not limited to:

1. Threatening to bring or bringing an action to recover possession of a rental unit.

2. Engaging in any form of harassment that causes the owner or tenant to quit the premises.

3. Decreasing housing services.

4. Increasing rent.

5. Imposing or increasing a security deposit or other charge payable by the owner or tenant.

(Ords. 22020, 22053, 22284.)

A. It shall be unlawful for a landlord to demand any rent in excess of the amounts specified in Section 17.22.450 during the period from the filing of a timely petition to the date an administrative hearing officer's decision approving such excess is rendered.

B. It shall be unlawful for a landlord to demand, accept, receive or retain any rent in excess of the maximum rent allowed by the decision of an administrative hearing officer under this chapter.

C. It shall be unlawful for a landlord to demand, accept, receive or retain any rent in excess of the maximum rent allowed by Section 17.22.450 or Part 4.5.

(Ords. 22020, 22053, 22284, 23914, 24400.)

A. If any person is found to have demanded, accepted, received or retained any payment of rent:

1. In excess of the maximum rent allowed by decision of an administrative hearing officer under this chapter, or

2. In violation of the notice provisions of Section 17.22.660, or

3. In the form of a service reduction without a corresponding reduction in rent, or

4. In violation of Section 17.22.450 or Part 4.5, such person shall be liable to the mobilehome owner or mobilehome tenant from whom such payment was demanded, accepted, received or retained, for damages as determined by a court of competent jurisdiction.

B. In the event a mobilehome owner or mobilehome tenant is the prevailing party in a civil action against a person found to have demanded, accepted, received or retained any payment of rent described in subsection A., such mobilehome owner or mobilehome tenant, in addition to damages as determined by the court pursuant to subsection A., may, in the discretion of the court, be awarded an amount not to exceed five hundred dollars or three times the damages determined by the court pursuant to subsection A., whichever is greater. For the purposes of this subsection, a mobilehome owner or mobilehome tenant shall be deemed to be a prevailing party if the judgment is rendered in such mobilehome owner's or mobilehome tenant's favor or if the litigation is dismissed in such mobilehome owner's or mobilehome tenant's favor prior to final judgment, unless the parties otherwise agree in the settlement or compromise.

C. Any person who suffers damages because of the failure of a mobilehome park landlord or a selling or transferring mobilehome owner to provide the information required to be provided by Section 17.22.1060, may bring an action for damages in a court of competent jurisdiction and shall be entitled to recover damages, as determined by the court, from such mobilehome park landlord or such selling or transferring mobilehome owner.

D. Remedies provided by this section are in addition to any other legal or equitable remedies and are not intended to be exclusive.

(Ords. 22020, 22053, 22284, 22802, 22851, 23914, 24400.)