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:
"Housing accommodation"
shall mean any residential rental unit consisting of one or more rooms in which cooking facilities are available.
"Minor child"
shall mean any natural person under the age of eighteen years.
"Nighttime hours"
shall mean the hours between 10:00 p.m. and 8:00 a.m. the following day.
"Person"
shall mean any individual, firm, partnership, joint venture, association, corporation, estate, or trust.
"School hours"
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.
"Senior adults"
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;
(b) 
A statement that such discrimination is a violation of Sunnyvale Municipal Code Chapter 9.72;
(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.
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.
(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)