(A) (1) Any landlord who demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this chapter or any rule, regulation or order hereunder promulgated, including the provisions ensuring compliance with habitability standards and registration fee requirements, shall be liable in a civil action to the tenant from whom such payments are demanded, accepted, received or retained, for reasonable attorney's fees and costs as determined by the court, plus damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent. A civil penalty of treble the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent shall be awarded against the landlord upon a showing that the landlord has acted willfully or with oppression, fraud or malice. No administrative remedy need be exhausted prior to filing suit pursuant to this division.
(2) Any person who willfully or knowingly with the intent to deceive, makes a false statement or representation, or knowingly fails to disclose a material fact, in a notice or declaration required in this chapter, or in any declaration, application, hearing or appeal permitted under this chapter, including any oral or written evidence presented in support thereof, shall be guilty of a misdemeanor.
(3) Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not more than six months or both. Each violation of any provision of this chapter and each day during which such violation is committed, or continues, shall constitute a separate offense.
(B) In lieu of filing a civil action, a tenant may file an administrative complaint. The city shall establish by rule and regulation a hearing procedure similar to that set forth in § 117.05.
(1) The rules and regulations adopted by the city shall provide for final city action on any complaint for excess rent within 180 days following the date of filing of the complaint.
(2) In any administrative hearing under this section, a landlord who demands, accepts, receives or retains any payment of rent in excess of the maximum lawful rent shall be liable for damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent and may be liable for an additional amount not to exceed $3,000, for costs, expenses incurred in pursuing the hearing remedy, damages and penalties. The tenant shall bear the burden of proving entitlement to the penalty. The tenant may deduct the penalty and award of damages from future rent payments in the manner provided by the city. An order authorizing rent withholding under this chapter shall survive the sale or other transfer of the property and shall be binding upon successors of the landlord against whom the order was made. If a tenant authorized to withhold rent under this chapter vacates the property, the landlord shall pay to such tenant a sum equal to the balance of the rent that the tenant could have withheld.
(C) If the tenant from whom such excessive payment is demanded, accepted, received, or retained in violation of the foregoing provisions of this chapter or any rule of regulation or order hereunder promulgated fails to bring a civil or administrative action as provided for in this chapter within 180 days from the date of the occurrence of the violation, the city may settle the claim arising out of the violation or bring such action. Thereafter, the tenant on whose behalf the city acted is barred from also bringing an action against the landlord in regard to the same violation for which the city has made a settlement or brought action. In the event the city settles said claim, it shall be entitled to retain the costs it incurred in settlement thereof, and the tenant against whom the violation has been committed shall be entitled to the remainder.
(D) The appropriate court in the jurisdiction in which the controlled rental unit affected is located shall have jurisdiction over all actions brought under this section.
(Ord. 1447, passed 10-21-20; Am. Ord. 1501, passed 4-5-23)