Commerce, Cal., Code of Ordinances ch. 9.95 § 9.95.040
Remedies—Violations
Operative Text
(a) Any person or entity violating any of the provisions of this chapter shall be guilty of a misdemeanor. Any person or entity convicted of a misdemeanor under the provisions of this chapter shall be punishable in accordance with Chapter 1.12 of this code. Each violation of any provision of this chapter, and each day during which any such violation is committed or continued shall constitute a separate offense. Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (b) The city attorney or any other person authorized by the city council may bring an action on behalf of the city and/or on behalf of tenants seeking injunctive relief to compel compliance with or prohibit violations of this chapter. Such relief may include an order requiring that all amounts accepted or retained in violation of this chapter be refunded to the affected persons. (c) The amount of any fee and penalty imposed by any of the provisions of this chapter shall be deemed a debt owing to the city and may be collected by any means provided by law. (d) The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this chapter, the city's code, or in any other ordinance, laws, rules or regulations of the city, county, or the State of California.
Commerce Code of Ordinances ch. 9.95 § 9.95.040 establishes that violations of Chapter 9.95 are treated as misdemeanors, with each day a violation continues counting as a separate offense. The city attorney or another city-authorized party may seek injunctive relief in court, including orders to refund any improperly collected amounts to affected tenants. Fees and penalties owed under this chapter are treated as debts to the city and may be collected through any lawful means, and these remedies stack on top of any other applicable penalties under city, county, or state law.
Plain English — not legal advice.
Under Commerce Code of Ordinances ch. 9.95 § 9.95.040, operators who remain in compliance with Chapter 9.95 avoid exposure to misdemeanor liability that accrues on a per-day basis. Compliant property managers ensure that no fees or charges are collected or retained in violation of the chapter, since courts can order full refunds of any such amounts. Because penalties under this section are cumulative with other city, county, and state remedies, maintaining thorough records of all rent-related transactions is a practice commonly associated with compliant operations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Commerce Code of Ordinances ch. 9.95 § 9.95.040 gives tenants a meaningful set of protections: the city attorney—or another city-authorized representative—can bring a court action on behalf of tenants to stop ongoing violations and to recover amounts that were improperly charged or kept. Because each day of a continuing violation is treated as a separate offense, the potential scope of relief can grow over time. Tenants who believe their rights under Chapter 9.95 have been violated may consider contacting the city attorney's office, a local tenant-rights organization, or a legal aid provider to understand what enforcement paths may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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