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ATTY/ORD.0011/CC ORD TENANT PROTECTION ORDINANCE v2 <br />REV: 10-07-25 LF <br />Page 20 of 20 <br />affirmative defense in any legal action brought by the landlord to recover <br />possession of the rental unit. <br /> <br />B. Defense to Action to Collect Rent. Failure of a landlord to comply with any <br />of the provisions of this Chapter shall provide the tenant with a complete affirmative <br />defense in any legal action brought by the landlord to collect rent. <br /> <br />C. Injunctive Relief. A tenant may seek injunctive relief on their own behalf and <br />on behalf of other affected tenants to enjoin the landlord’s violation of this Chapter. <br /> <br />D. Damages. A tenant may bring a civil action to recover actual damages, <br />treble damages upon a showing that the landlord has acted willfully or with <br />oppression, fraud or malice and punitive damages, as well as attorneys’ fees and <br />costs at the court’s discretion. <br /> <br />E. Remedies are Nonexclusive. Remedies provided in this Chapter are in <br />addition to any other existing legal remedies and are not intended to be exclusive. <br /> <br />F. Non-waivability. Any waiver or purported wavier by a tenant of his or her <br />rights under this Chapter prior to the time when such rights may be exercised, <br />except a rejection of an offered one-year lease in accordance with Section 42.4(A), <br />shall be void as contrary to public policy. <br /> <br />42.9 Enforcement <br /> <br />A. The requirements of this Chapter are an obligation of the landlord for a <br />rental unit. The City may institute any appropriate legal actions or proceedings <br />necessary to ensure compliance. <br /> <br />B. The City Attorney shall be authorized to enforce the provisions of this <br />Chapter by civil action and any other proceeding or method permitted by law. <br /> <br />C. The remedies provided for in this Chapter shall be cumulative and not <br />exclusive and shall not preclude the City from any other remedy or relief to which <br />it otherwise would be entitled under law or equity. <br />9.A. - Page 35 of 84 <br />140