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SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. C5-4. Exceptions.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. C5-4. Exceptions.

(a) Any tenant evicted or required to vacate as a result of unsafe or hazardous living conditions or illegal use, who is then in default of rent, or who refuses to vacate shall not be entitled to receive relocation assistance from the property owner.

(b) A tenant lawfully withholding rent pursuant to California Civil Code § 1942 or pursuant to other statutory or common law which requires repair of substandard conditions shall not be considered to be in default of rent, and shall be eligible for the relocation assistance provided by this division.

(c) Any tenant or a guest or invitee of the tenant who has caused or substantially contributed to conditions giving rise to the substandard conditions, shall not be entitled to receive relocation assistance from the property owner.

(d) The tenant's knowledge of the illegal condition of the structure offered by a landlord for residential use shall not disqualify a tenant from eligibility for relocation assistance provided by this division.

(e) Property owners are not required to provide relocation assistance to any tenant evicted or required to vacate a residential structure that becomes unsafe or hazardous due to a fire, flood, earthquake or other event that is beyond the control of the property owner, provided:

(1) Such event causes the tenant to vacate the residential structure within 90 days after such event;

(2) The actions or omissions of the owner or owner's agent did not contribute to the disaster's impact on the unit;

(3) The tenant was not already entitled to relocation assistance under the provisions of this division at the time of the disaster.

(Ord. No. NS-1100.82, § 1, 4-27-93)

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