Ordinance No. 19469 - Laserfiche WebLink

Home Browse Search

tory exemption shall be granted only where the operation of federal or state law or an executed agreement with a federal or state agency requires the cooperative housing unit project to offer equivalent protection to affected tenants and prospective purchasers and equivalent displacement benefits to relocated tenants as that afforded under sections 2.1060 to 2.1084 of this code. ~2} The city manager may grant a complete or partial application fee waver to any such limited equity cooperative housing project if equivaW lent application fees to governmental agencies, reduced city costs in the processing of the project's permit applications, or past city financial support or funding approval for the particular project make the imposition of such fees unreasonable in his or her judgment. ~3} The city manager may issue administrative rules identifying such federal or state regulations, laws, or regulatory programs for housing cooperatives, which duplicate or offer equivalent protection as that afforded under sections 2.1060 to 2.1084 of this code prior to granting any such exemp- tion. Such administrative rulemaking shall solely be initiated upon a peti- tion for rulemaking to the city manager of an interested person. Such peti- tioner must show that the specific benefits under federal yr state regulation are equivalent to the specific benefits granted under sections 2.1060 to 2.1084 of this code, Once these administrative rules have issued, the appli- cation of the rules to any permit application shall be determined and adjudi- cated in the conversion permit process. 2.1082 Condominium Conversion - General Provisions. ~1} Rnti-discrimination clause. The developer or owner of any condominium unit within a project shall not discriminate in the sale, or in the terms and conditions of sale of any dwelling unit against any person who was or is a tenant of the building to be converted because such tenant opposed in any manner the conversion of such building to a condominium. ~2} variation„~by,agreement. Provisions of section 2.1060 to 2.1084 of this Code may not~~~~be v~ar~~ed by agreement and rights conferred b y those sections may not be waived prior to the giving of notice of planned conversion. Rny tenant benefits allowed under those sections may be waived in writing by a tenant after notice of planned conversion is given if such waiver is entered into in good faith and not for the purpose of completely evading the obligations of the developer, the terms and conditions of the waiver agreement are clearly and fairly disclosed, and adequate consideration for the agreement is specifically stated. R developer may not act under a power of attorney or use any other device to evade the limitations or prohibi~ tions of sections 2.1460 to 2.1084 of this code, or the permits thereunder. ~3} Obli anon of ood faith. Every contract or duty governed by sections 2.1060 to 2.1084 of this code imposes an obligation of good faith in its performance ar enforcement. ~4} Retaliation evictions. If a developer has as his or her domi- nant purpose retaliation against a tenant because of the exercise by the tenant of rights under sections 2.1060 to 2.1084 of this code, because the tenant has expressed an opinion on any matter relating thereto, because of the tenant's denial or refusal to consent to conversion, or because the ten- ant is a special category tenant, and if the tenant is not in default in payment of his or her rent or otherwise in breach of the rental agreement, the developer may not recover possession of the rental unit in any action or Ordinance - 14