Eligibility to receive benefits as a displacee of the disaster for which this Section
8.22.200 is invoked is implied as material term of the tenancy created by a rental agreement
entered into under this section. The tenancy of an ineligible tenant who knowingly
or fraudulently enters into a rental agreement under this section is subject to termination
under subsection 8.22.360(A)(1) on the ground that he or she violated a material term of the tenancy and the
rent for the rental unit may be increased to the rate given in the notice required
by subsection 8.22.200(D), unless the owner knew or should have known of the tenant's fraud or ineligibility.
The owner also may recover the difference in the rent the tenant actually paid and
the rent set out in the notice required by subsection 8.22.200(D) and such owner's costs and reasonable attorney's fees.
E.
Termination of Tenancy by Displacee. Any rental agreement entered into pursuant to
this section must permit the displacee to terminate the rental agreement pursuant
to California Civil Code § 1946.
F.
Definitions. The following definitions are applicable to this Section 8.22.200.
1.
For purposes of this section, "displacee" means a person or household who has been
displaced as a result of the Katrina Hurricane disaster for which this section has
been invoked by City Council, and who has been certified as such by FEMA or other
agency designated by the City Administrator pursuant to subsection 8.22.200(E)(1) of this section.
G.