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(1) Prohibited Conduct.
(a) No person shall enter into an agreement with any other person to not compete with respect to rental pricing, fees, or any other rental term for residential rental units in the City.
(b) No person shall engage in price coordination for residential rental units in the City, including through the sale, licensure, or provision of any service or product that involves price coordination of residential rental units.
(c) No person shall facilitate an agreement between two or more persons to not compete with respect to rental pricing, fees, or any other rental term for residential rental units in the City.
(d) No person shall use, subscribe to, or contract or pay for, the services of another person if such services involve price coordination or otherwise encourage or facilitate an agreement with other persons to not compete with respect to any rental term for residential rental units in the City.
(2) Enforcement and Remedies.
(a) Civil Action by Aggrieved Persons.
(.1) Any person who is aggrieved by a violation of this Section may bring a civil action in a court of competent jurisdiction.
(b) The City.
(.1) The City, through the Law Department, may file an action in the name of the City in any court of competent jurisdiction against any person or persons alleged to have violated this Section, seeking relief under this Section, including remedies for persons aggrieved by the violation.
(c) Remedies.
(.1) In any action filed pursuant to this Chapter, a court may order the following:
(.a) Injunctive relief and such other equitable relief, as appropriate.
(.b) Damages.
(i) A private plaintiff is entitled to three times the value of actual damages sustained or, in the alternative, if the plaintiff elects before judgment is rendered, statutory damages of two thousand dollars ($2,000) per violation, with the number of violations calculated as described in subsection (2)(c)(.1)(.c).
(ii) In cases filed by the City, persons aggrieved shall be entitled to actual damages or, in the alternative, if the City elects before judgment is rendered, statutory damages of one thousand dollars ($1,000) per violation, with the number of violations calculated as described in subsection (2)(c)(.1)(.c).
(iii) Damages may be proved and assessed in the aggregate by statistical or sampling methods, by the computation of unlawful overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may award, without the necessity of separately proving the individual claim of, or amount of damage to, persons on whose behalf the suit was brought.
(.c) In an action filed by the City, civil penalties of two thousand dollars ($2,000) per violation. Each prohibited action under this Section is counted as a separate violation for every day it occurs or continues. Additionally, violations are counted separately for each affected residential rental unit in the City, meaning each unit for which prohibited conduct directly influences the price or terms on which it is advertised, offered, rented, or leased.
(.d) Interest on actual damages for the period beginning with the date of service of the initial pleading in an action filed pursuant to this Section and ending on the date of judgment.
(.e) Reasonable attorney’s fees and costs.
(3) Statute of Limitations. A claim for a violation of this Section must be filed in court within four (4) years of the date when a reasonably diligent person should have discovered that such violation occurred.
Notes
1035.2 | Added, Bill No. 240823 (approved November 13, 2024), effective February 11, 2025. |