6.60.100 Affirmative defense—Penalties and remedies.
A. Affirmative Defense. A landlord’s failure to comply with the requirements of this chapter shall be an affirmative defense to an unlawful detainer action by landlord. A tenant who prevails in a case for wrongful eviction due to the landlord’s noncompliance with this chapter shall recover costs and reasonable attorney’s fees.
B. Civil Liability. Whenever a landlord attempts to prevent a tenant from acquiring or exercising the tenant’s rights under this chapter, or retaliates against a tenant or tenant household for the exercise of their rights under this chapter, or otherwise violates the requirements of this chapter, the tenant, tenant household, or the city may institute a civil proceeding for money damages or injunctive relief, or both. Landlords found to have violated this chapter shall be subject to appropriate injunctive relief and shall be liable for damages, costs and reasonable attorney’s fees, and whatever other relief the court deems appropriate.
C. City Authorization to Enforce This Chapter.
1. The city shall have the right and authority, but not the duty, to enforce the requirements of this chapter by bringing actions for injunctive relief on behalf of the city or tenants or tenant households to which this chapter applies, and by seeking compliance by landlords with the requirements of this chapter through administrative remedies or by citation.
2. The city in its sole discretion may choose to enforce the provisions of this chapter through administrative fines and any other remedies provided in Chapters 1.10 through 1.16. The city’s decision to pursue or not pursue enforcement of any kind shall not affect the rights of tenants or tenant households to whom this chapter applies to pursue civil remedies for violations of this chapter.
D. Civil Action to Determine Liability. Any tenant may bring a civil action to determine the applicability of this chapter to a tenancy.
E. Other Private Rights of Action. Nothing in this chapter shall be deemed to limit the right of a landlord to file an action against a tenant or nontenant third party for damage to the landlord’s property, or to otherwise seek recovery from tenants or third parties as permitted by a lawful rental agreement or applicable provisions of law.
F. No Cause of Action Against the City. To the maximum extent permitted by law, nothing in this chapter may be construed to create a cause of action against the city, or a basis for seeking an award of attorney’s fees against the city pursuant to the private attorney general’s statute in California Code of Civil Procedure Section 1021.5, or on any other basis arising from or related to an alleged violation of the requirements of this chapter, and/or based on or related to the city’s prosecution or enforcement or alleged failure to prosecute or enforce any such alleged violation, and/or based on or related to the city’s implementation or alleged failure to implement the requirements of this chapter.
(Ord. 2848 NCS §2, 2023; Ord. 2823 NCS §2, 2022.)