ATTACHMENT 3 - 1
Enforcement Mechanism pursuant to SB 567
Just Cause Eviction Provision: Pursuant to California Civil Code Section 1946.2(h)(1) An owner who attempts to recover possession of a rental unit in material violation of this section shall be liable to the tenant in a civil action for all of the following:
(A) Actual damages.
(B) In the court’s discretion, reasonable attorney’s fees and costs. (C) Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.
(2) The Attorney General, in the name of the people of the State of California, and the city attorney or county counsel in the jurisdiction in which the rental unit is located, in the name of the city or county, may seek injunctive relief based on violations of this section.
Rent Cap Provision: Pursuant to California Civil Code Section 1947.12 (k)(1) An owner who demands, accepts, receives, or retains any payment of rent in excess of the maximum rent allowed by this section shall be liable in a civil action to the tenant from whom those payments are demanded, accepted, received, or retained for all of the following:
(A) Injunctive relief.
(B) Damages in the amount by which any payment demanded, accepted, received, or retained exceeds the maximum allowable rent.
(C) In the court’s discretion, reasonable attorney’s fees and costs. (D) Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, damages up to three times the amount by which any payment demanded, accepted, received, or retained exceeds the maximum allowable rent.
(2) The Attorney General, in the name of the people of the State of California, and the city attorney or county counsel in the jurisdiction in which the rental unit is located, in the name of the city or county, may do both of the following:
(A) Enforce the provisions of this section.
(B) Seek injunctive relief based on violations of this section. (3) In an action pursuant to this subdivision for injunctive relief, it shall be presumed that a tenant suffers irreparable harm through violation of this section.
(4) An action pursuant to this subdivision shall not be brought after the date that is three years from the date on which the cause of action accrued.
(l) Any waiver of the rights under this section shall be void as contrary to public policy.