The city council finds and declares that:
(a)
Arbitrary
discrimination against persons with minor children exists in the city
of Sunnyvale.
(b)
The
existence of such discrimination poses a substantial threat to the
public health and welfare of a large segment of the community, namely,
families with children.
(c)
A
low vacancy rate exists in all rental housing throughout the city.
The existence of discrimination against families with minor children
exacerbates the shortage of housing available for families with children.
(d)
The
overall effect of such discrimination is to encourage the flight of
families from the city of Sunnyvale, resulting in the decline of stable,
intergenerational neighborhoods, the closure of schools, and the reduction
of social and recreational services for children and their families.
(e)
It
is consistent with the housing and community revitalization subelement
of the general plan to promote and ensure open and free choice of
housing without discrimination on the basis of age or family composition.
(f)
Because
housing is a fundamental necessity of life, it is against the public
policy of the city of Sunnyvale to discriminate in rental housing
against persons based upon their age, parenthood, pregnancy, or the
potential or actual tenancy of a minor child.
(g)
Certain
economic practices exist in the rental of housing which, even though
applied uniformly to all persons, have a disproportionate impact on
persons with minor children. To the extent that such practices have
any legitimate purpose, such purposes can be served by alternate means
which do not have such discriminatory impact.
(Ord. 2113-84 § 1)
For the purposes of this chapter, certain terms are defined
as follows:
shall mean any residential rental unit consisting of one
or more rooms in which cooking facilities are available.
shall mean any natural person under the age of eighteen years.
shall mean the hours between 10:00 p.m. and 8:00 a.m. the
following day.
shall mean any individual, firm, partnership, joint venture,
association, corporation, estate, or trust.
shall mean the hours between 8:00 a.m. and 3:00 p.m., Monday
through Friday except legal holidays recognized by the state of California,
between each Labor Day holiday of any year and June 30 of the following
year.
shall mean persons, sixty-two years of age or older.
(Ord. 2113-84 § 1)
It is unlawful for any person having a housing accommodation
for rent or lease, or any agent or employee of such person, to do
or attempt to do any of the following:
(a)
Refuse
to rent or lease a housing accommodation, refuse to negotiate for
the rental or lease of a housing accommodation, or otherwise deny
to or withhold from any person or persons, a housing accommodation
on the basis of age, parenthood, pregnancy, or the potential or actual
tenancy of a minor child.
(b)
Represent
to any person on the basis of age, parenthood, pregnancy, or the potential
or actual tenancy of a minor child that a housing accommodation is
not available for inspection, rental, or lease when such housing accommodation
is, in fact, available.
(c)
Make,
print, or publish, or cause to be made, printed, or published any
notice, statement, sign, advertisement, application, or contract with
regard to a housing accommodation offered by that person that indicates
any preference, limitation, or discrimination with respect to age,
parenthood, pregnancy, or the potential or actual tenancy of a minor
child.
(d)
Include
in any rental agreement or lease for a housing accommodation, a clause
or condition providing that as a condition on continued tenancy, the
tenants shall remain childless or shall not bear children or otherwise
not maintain a household with a person of a certain age.
(e)
Refuse
to rent after making a bona fide offer, or to refuse to negotiate
for the rental of, or otherwise make unavailable or deny, housing
accommodations to any person because of the potential tenancy of a
minor child or children.
(f)
Evict
or otherwise demand surrender of a housing accommodation from any
person because of age, parenthood, pregnancy or presence of a minor
child.
(g)
Charge
additional rent, surcharges, deposits or other fees for persons living
in a housing accommodation on the basis of age, parenthood, pregnancy,
or presence of a minor child.
(h)
Modify
standard minimum income requirements on the basis of the number of
persons proposed to occupy a housing accommodation, or on the basis
of age, parenthood, pregnancy, or the actual or potential tenancy
of a minor child.
(i)
Discriminate
against any person in the terms, conditions, or privileges of the
rental or lease of a housing accommodation, or in the provision of
services, facilities or benefits, in connection therewith, on the
basis of age, parenthood, pregnancy, or the potential or actual tenancy
of a minor child. Nor shall any person establish unreasonable rules
or conditions of occupancy which have the effect of excluding any
tenant on the basis of age, parenthood, pregnancy, or the potential
or actual tenancy of a minor child, or which have the effect of significantly
depriving any person or persons of the use of services or facilities
otherwise available on the basis of age, parenthood, pregnancy, or
the potential or actual tenancy of a minor child. However, nothing
herein shall preclude any person from imposing reasonable restrictions
on the use of common areas, facilities, and services which are necessary
to protect the health and safety of a tenant or are necessary for
the reasonable operation of a facility. Without limiting the scope
of this subsection, the following practices are hereby declared to
be unreasonable and in violation of this subsection:
(1)
Requiring a minor child fifteen years of age or older to be accompanied
by a parent or adult while utilizing swimming pool facilities; provided,
that nothing contained herein shall be deemed to prevent a person
having a housing accommodation for rent or lease from requiring a
parent of any such minor child to file with such person written consent
for such unsupervised use of swimming facilities by the minor child.
For purposes of this subsection, the term "swimming pool" shall not
be deemed to include jacuzzis, spas, hot tubs or similar facilities;
(2)
Restricting the hours during which minor children may use recreational
facilities so that the number of hours regularly scheduled on a daily
basis, outside of school hours and nighttime hours, during which the
use of such facilities by minor children is restricted exceeds twenty-five
percent of the total hours outside of school hours and nighttime hours
in any day, or two hours, whichever is greater;
(3)
Requiring that any minor child ten years of age or older be accompanied
by a parent or other adult when using common areas generally open
to access to all tenants, and which do not present any unusual hazards,
such as turf areas, walkways and hallways.
(Ord. 2113-84 § 1; Ord. 2366-91 § 1; Ord. 2570-97 § 4)
Nothing contained in this chapter shall apply to or be construed:
(a)
To
affect a housing project or development where the owner has publicly
established and implemented a policy of renting exclusively to senior
adults and their spouses. Deviance from or abandonment of that policy
shall automatically terminate this exemption and subject the owner
to all the provisions of this chapter;
(b)
To
affect any state-licensed nursing home, convalescent home, or community
care facility;
(c)
To
apply to any housing accommodation occupied by the owner;
(d)
To
apply to any housing accommodation occupied by a tenant who subleases
any portion of that accommodation to another tenant;
(e)
To
affect any mobile home park, as defined in California Civil Code Section
798.4 or successor legislation.
(Ord. 2113-84 § 1)
This chapter shall not prohibit the person having the right
to rent or lease the premises from requiring the same rent, deposits,
fees or charges of prospective adult tenants with minor children as
he or she may require of prospective adult tenants without children.
However, no discrimination in the amount or manner of payment of said
rent, deposits, fees or charges shall be permitted.
(Ord. 2113-84 § 1)
Every person having a housing accommodation for rent or lease
and who maintains a rental office in the city of Sunnyvale, whether
or not at the site of the housing accommodations offered for rent
or lease, shall post and maintain, or cause to be posted and maintained,
in or near any such rental office, a sign complying with the provisions
of this section and any regulations adopted hereunder by the director
of community development. The signs shall be posted in such location
as to be readily visible to a person entering the office either at
the time the person enters the office or at such time as they are
present within the office. For purposes of this section, the term
rental office shall include any business office or facility which
receives inperson inquiries concerning, or submittal of applications
for, the rent or lease of housing accommodations in the city, whether
or not such activity constitutes the sole activity conducted in the
office. For purposes of this section, the term rental office also
includes the dwelling unit of a resident manager in any complex containing
more than four housing accommodations if the resident manager receives
in-person inquiries concerning, or submittal of applications for,
the rent or lease of housing accommodations, unless a separate rental
office is also provided.
The sign required to be posted shall at a minimum contain the
following information:
(a)
A
statement that housing discrimination against families with minor
children is illegal;
(c)
A
statement that further information may be obtained by contacting the
housing division of the city of Sunnyvale and such other agencies
as may be specified in the regulations adopted by the director of
community development; and
(d)
Telephone
numbers for the housing division and any other specified agencies
as provided by the city.
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The director of community development is authorized and directed
to formulate and adopt regulations governing the location, size, style
and content of such signs. Adoption of such guidelines shall be noticed
in the same manner as adoption of an ordinance. Signs required to
be posted shall be posted not later than thirty days after such notice
is published or posted. Prior to adoption of such regulations, the
director of community development is authorized to approve proposed
signs on an individual basis.
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(Ord. 2113-84 § 1)
(a)
Criminal.
Violation of this chapter shall constitute a misdemeanor.
(b)
Civil.
Any person who violates the provisions of this chapter shall be liable
to each party injured by such violation for civil penalties not to
exceed two thousand five hundred dollars in addition to actual damages,
costs and reasonable attorney's fees. In addition, the court may award
punitive damages.
(c)
Injunctive
Relief. Any person who commits, or proposes to commit, an action in
violation of the chapter may be enjoined therefrom by any court of
competent jurisdiction.
Any action for injunctive relief under this chapter may be brought
by the city attorney, by any aggrieved person, by other law enforcement
agencies, by the district attorney or by any person or entity which
will fairly and adequately represent the interests of the protected
class.
(d)
Remedies
Not Exclusive. The remedies provided in this chapter are cumulative
and shall be independent of any other remedies or procedures that
may be available to an aggrieved party.
(Ord. 2113-84 § 1)
No provision of this chapter shall be construed to supersede
or excuse compliance with any other provision of this code or state
law relating to health, safety or housing occupancy.
(Ord. 2113-84 § 1)
