Skip to main content
Loading…
This section is included in your selections.

(1) Anti-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 varied by agreement and rights conferred by those sections may not be waived prior to the giving of notice of planned conversion. Any 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. A developer may not act under a power of attorney or use any other device to evade the limitations or prohibitions of sections 2.1060 to 2.1084 of this code, or the permits thereunder.

(3) Obligation of good 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 or enforcement.

(4) Retaliation evictions. If a developer has as his or her dominant 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 tenant 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 proceeding, cause the tenant to quit involuntarily, or increase the rent or decrease any services to that tenant.

(5) Delivery of notice and other documents. Unless otherwise provided, all notices, contracts, disclosures, documents and other writings required by sections 2.1060 to 2.1084 of this code to be delivered, shall be delivered personally or by registered or certified mail. A refusal of registered or certified mail by the addressee shall constitute adequate delivery. All documents shall be delivered to the tenant at the address specified in the lease or rental agreement between the tenant and the developer or landlord. If there is no written lease or rental agreement, then the documents shall be delivered to the tenant’s address at the converted building. In any sublet unit all documents shall be delivered to the tenant at his or her current address and to the subtenant in possession. If the tenant’s current address is unknown, two copies of all documents shall be delivered to the subtenant, one addressed to the tenant, the other addressed to the subtenant.

(6) Liberal construction. Sections 2.1060 to 2.1084, of this code shall be liberally construed and applied to promote the purposes and policies contained therein.

(7) Severability. If any provision of sections 2.1060 to 2.1084, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of such sections which can be given effect without the invalid provisions or applications, and to this end the provisions of sections 2.1060 to 2.1084 of this code are severable.

(Section 2.1082 added by Ordinance No. 18866, enacted September 14, 1981, and amended by Ordinance No. 19469, enacted April 27, 1987, effective May 27, 1987.)