§ 8.22.370. Remedies.

A.

Remedies for violation of eviction controls.

1.

A tenant who prevails in an action brought by a landlord for possession of the premises shall be entitled to bring an action against the landlord and shall be entitled to recover actual and punitive damages, costs, and reasonable attorney's fees.

2.

Whenever a landlord or anyone assisting a landlord wrongfully endeavors to recover possession or recovers possession of a rental unit in violation of Subsection 6(A) [8.22.360 A], the tenant or Board may institute a civil proceeding for injunctive relief, money damages of not less than three times actual damages (including damages for mental or emotional distress), and whatever other relief the court deems appropriate. In the case of an award of damages for mental or emotional distress, said award shall only be trebled if the trier of fact finds that the landlord acted in knowing violation of or in reckless disregard of this ordinance. The prevailing tenant shall be entitled to reasonable attorney's fees and costs pursuant to order of the court.

3.

The remedies available in this section shall be in addition to any other existing remedies which may be available to the tenant.

B.

Violation of the Ordinance. Any violation of the provisions of this ordinance or application thereof shall entitle the aggrieved tenant to actual and punitive * damages according to proof and costs and attorney's fees.

C.

Authorization of City Attorney to enforce the Ordinance. The City Attorney shall have the authority to enforce provisions of this ordinance; to bring actions for injunctive relief on behalf of the city, or on behalf of tenants seeking compliance by landlords with the ordinance.

D.

It shall be unlawful for a landlord to refuse to rent or lease or otherwise deny to or withhold from any person any rental unit because the age of a prospective tenant would result in the tenant acquiring rights under this Chapter [O.M.C. Chapter 8.22, Article II]. Any person who refuses to rent in violation of the subsection shall, in addition to any other penalties provided by state or federal law, be guilty of a misdemeanor.

E.

It shall be unlawful for a landlord or any other person who willfully assists the landlord to endeavor to recover possession or to evict a tenant except as provided in Subsection 6(A) [8.22.360 A].

(Ord. 12537 § 1 (part), 2003)