(A) If any person is found to have demanded, accepted, received or retained any payment of rent:
(1) In excess of the maximum rent allowed by this chapter such person shall be liable to the mobilehome owner or mobilehome tenant from whom such payment was demanded, accepted, received, or retained for damages as determined by a court of competent jurisdiction.
(B) In the event a mobilehome owner or mobilehome tenant is the prevailing party in a civil action against a person found to have demanded, accepted, received or retained any payment of rent described in division (A) of this section, such mobilehome owner or mobilehome tenant, in addition to damages as determined by the court pursuant to division (A) of this section, may, in the discretion of the court, be awarded an amount not to exceed $500 or three times the damages determined by the court pursuant to division (A) of this section, whichever is greater. For the purposes of this division, a mobilehome owner or mobilehome tenant shall be deemed to be a prevailing party if the judgment is rendered in such mobilehome owner's or mobilehome tenant's favor or if the litigation is dismissed in such mobilehome owner's or mobilehome tenant's favor prior to final judgment, unless the parties otherwise agree in the settlement or compromise.
(C) Any person who suffers damages because of the failure of a mobilehome park landlord or a selling or transferring mobilehome owner to provide the information required to be provided by § 121.15 may bring an action for damages in a court of competent jurisdiction and shall be entitled to recover damages, as determined by the court, from such mobilehome park landlord or such selling or transferring mobilehome owner.
(D) Remedies provided by this section are in addition to any other legal or equitable remedies and are not intended to be exclusive.
(Ord. 2008-015, passed 10-27-08)