7.44.100 Renter remedies.
A. If a notice required by this chapter has not been provided in good faith by the date required, a renter may notify the owner to issue such a notice within three days. If, after three days, the required notice has not been provided to the renter, the renter may take any or all of the following actions until compliance is achieved:
1. A renter may withhold one-half of the rent otherwise due the owner. If the owner files an action for nonpayment of rent or an action for eviction for nonpayment of rent, the renter must deposit the withheld rent with the appropriate court when and if the owner requests such deposit of rent with the court, and if the court so orders;
2. A renter may seek injunctive relief on behalf of herself or himself and on behalf of other affected renters to restrain the owner from demanding or receiving any rent until the owner has complied with this chapter.
B. If an owner demands, accepts, receives or retains any payment in excess of the maximum allowable rent permitted by this chapter, a renter may notify the owner to return such excess payment or rescind any demand for excess payment within three days. If the owner has not returned any excess rent to the renter or rescinded any demand for excess rent within three days of such notice, the renter may:
1. Take any of the actions set out in subsection A of this section until compliance is achieved;
2. File a damage suit against the owner for actual damages.
Upon proof of wilful violation of this chapter by an owner, the renter shall receive a judgment of up to two hundred dollars or three times the amount by which the payment or payments exceeds the maximum lawful rent determined by this chapter, whichever is greater.
C. The City Attorney may bring an action for injunctive relief on behalf of renters seeking compliance by owners with this chapter. (Ord. 5109-NS § 10, 1978)