(A) It shall be unlawful for any person to violate or fail to comply with any provision of this Rent Stabilization chapter, including charging increased rent in violation of this Rent Stabilization chapter or a determination by a Hearing Officer.
(B) Any person who violates or aids or incites another person to violate the provisions of this Rent Stabilization chapter is liable for each and every such offense for actual damages suffered by an aggrieved party (including damages for mental or emotional distress); or for statutory damages in the sum of three times the amount by which the payment demanded, accepted, or retained exceeds the maximum amount that could be lawfully demanded, accepted, or retained, or for statutory damages in the sum of $1,000, whichever is greater; and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award may be trebled if the trier of fact finds that the landlord acted in knowing violation of or in reckless disregard of this Rent Stabilization chapter. The trier of fact may also award punitive damages to any plaintiff, including the city, in a proper case as defined by Cal. Civil Code § 3294.
(C) Any person who is convicted of violating this Rent Stabilization chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not greater than $1,000 or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
(D) Any person, including the city, may enforce the provisions of this Rent Stabilization chapter by means of a civil action. The burden of proof in such cases shall be by preponderance of the evidence. The prevailing party in any civil action brought pursuant to this section shall be entitled to recover reasonable attorneys' fees and costs. A violation of this Rent Stabilization chapter may be asserted as an affirmative defense in an unlawful detainer action.
(E) Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Rent Stabilization chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by an aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class.
(F) This Rent Stabilization chapter may be enforced as provided in Chapter 2 of Title 1 of this code in addition to the remedies provided herein, which shall be in addition to any other existing remedies which may be available.
(Ord. 2219-C-S, passed 10-11-22; Am. Ord. 2227-C-S, passed 6-27-2023)