The City Council finds and declares:
(a)
That arbitrary discrimination against
tenants with minor children exists in the City of Santa Monica.
(b)
That 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)
That the overall effect of such discrimination
is to encourage the flight of families from the City of Santa Monica,
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.
(d)
That such discrimination cuts across
all racial, ethnic, and economic lines, but falls most heavily on
minority and single parent families with children.
(e)
That it is consistent with the Housing
Element 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)
That because housing is a fundamental
necessity of life, it is against the public policy of the City of
Santa Monica to discriminate in rental housing based upon age, parenthood,
pregnancy, or the potential or actual tenancy of a minor child.
(Prior code § 4700; added by Ord. No. 1139CCS, adopted 10/9/79)
The following words or phrases used
in this Chapter have the following meanings:
Any property located in the City of Santa Monica rented for
residential housing purposes.
A person sixty-two years of age or older.
One or more children under the age of eighteen years.
(Prior code § 4701; added by Ord. No. 1139CCS, adopted 10/9/79)
It shall be unlawful for any person
offering for rent or lease, renting, leasing, or listing any housing
accommodation, or any authorized 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, or access to or use of the common areas and facilities
of the housing accommodation, serve a notice of termination of tenancy,
commence an unlawful detainer action, or otherwise deny to or withhold
from any person or persons, a housing accommodation on the basis of
disability, age, source of income, housing status, parenthood, pregnancy,
or the potential or actual occupancy of a minor child.
(b)
Represent to any person, on the basis
of disability, age, source of income, housing status, parenthood,
pregnancy, or the potential or actual occupancy of the minor child
that a housing accommodation is not available for inspection or rental
when such housing accommodation is in fact available for inspection
or rental.
(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 disability, age, source of income, housing status,
parenthood, pregnancy, or the potential or actual occupancy of a minor
child.
(d)
Include in any rental agreement or
lease for a housing accommodation a clause providing that as a condition
of continued occupancy, the tenants shall remain childless or shall
not bear children or otherwise not maintain a household with a person
or persons of a certain age.
(e)
Threaten to commence or commence
eviction proceedings against any tenant on the grounds that he or
she has breached a rental agreement if the alleged breach arises out
of an increase in the number of occupants due to the marriage of the
tenant, provided that the occupancy of the spouse and children of
the spouse is otherwise lawful.
(f)
Threaten to commence or commence
eviction proceedings against any tenant head of household on the grounds
that he or she has violated the provisions of a rental agreement where
the violation consists of an increase in the number of occupants arising
out of the birth, adoption, or change of legal custody of a minor
child of whom the tenant head of household or his or her spouse is
the parent or legal guardian, and provided that the occupancy of said
minor child is otherwise lawful.
(g)
Refuse to make reasonable accommodations
in rules, policies, practices, or services, when such accommodations
may be necessary to afford a person with a disability equal opportunity
to use and enjoy any dwelling.
(h)
Refuse to allow a person to make
reasonable modifications, alterations or additions to existing premises
occupied or to be occupied by a person with a disability that are
necessary to make the rental property accessible by persons with disabilities,
under the following conditions:
(1)
The landlord is not required to pay
for the alterations, additions, or restoration unless otherwise required
by State or Federal law;
(2)
The landlord has the right to demand
assurances that all modifications will be performed in a professional
manner, and in accordance with applicable building codes, permitting
requirements and other applicable laws;
(3)
The landlord may, where it is reasonable
to do so, condition permission for modification on the tenant's agreement
to restore the interior of the premises to its preexisting condition,
reasonable wear and tear excepted.
(i)
Refuse to accept from a prospective
or current tenant rent in the form of rental assistance from any Federal,
State, local or non-profit-administered benefit or subsidy program,
including, but not limited to, the Section 8 voucher program. Refusal
to accept includes failure or an unreasonable delay in filling out
and returning any necessary paperwork, and refusing to make repairs
required by the Housing Authority after a Housing Quality Standards
inspection unless the landlord demonstrates it would economically
infeasible to do so.
(j)
For purposes of this Section, "disability"
includes, but is not limited to, any physical or mental disability
as defined in California Government Code Section 12926.
(k)
For purposes of this Section, "source
of income" includes any lawful source of income or rental assistance
from any Federal, State, local or non-profit-administered benefit
or subsidy program, including, but not limited to, the Section 8 voucher
programs, for an existing tenant or prospective tenant.
(l)
For purposes of this Section, "housing
status" means currently or formerly experiencing homelessness, currently
or formerly living in transitional, temporary, or shelter housing,
or lacking a residential rental housing history. For the purposes
of this Section, if an applicant for housing accommodation lacks a
rental history or landlord references, the landlord must offer the
option, at the applicant's discretion, of providing lawful verifiable
alternative evidence that the applicant will be a reliable tenant,
including, but not limited to, personal references. If the applicant
elects to provide such evidence, the landlord shall provide the applicant
a reasonable period of time to do so and shall consider the evidence
in determining whether to offer the housing accommodation to the applicant.
(Prior code § 4702; amended by Ord. No. 1343CCS, adopted 9/10/85; Ord. No. 1965CCS, adopted 3/8/00; Ord.
No. 2473CCS § 1, adopted 10/28/14; Ord. No. 2485CCS § 1,
adopted 5/12/15; Ord.
No. 2716CCS § 2, adopted 9/13/22; Ord. No. 2776CCS, 2/13/24)
Nothing contained in this Chapter
shall apply to or be construed:
(a)
To affect a housing accommodation
designed and operated exclusively for senior adults, and their spouses,
or any nursing home, convalescent home, or retirement home.
(b)
To waive any Federal, State, or local
law relating to occupancy or density.
(c)
To force a person to rent a housing accommodation to a family whose total number of persons exceeds the reasonable living space available in the rental unit. In any action brought pursuant to Sections 4.28.060 and 4.28.070 of this Chapter, the person offering the unit for rent shall have the burden of proving the reasonableness of the occupancy standard.
(Prior code § 4703; amended by Ord. No. 1343CCS, adopted 9/10/85)
This Chapter shall not prohibit the
person offering a unit for rent or lease or any authorized agent or
employee of such person from requiring the same financial obligation
from all prospective tenants. However, no discrimination the amount
or manner of payment of said financial obligation shall be permitted
based upon age, parenthood, pregnancy, or the potential or actual
tenancy of a minor child.
(Prior code § 4704; added by Ord. No. 1139CCS, adopted 10/9/79)
(a)
Civil Action. Any person,
including the City, may enforce the provisions of this Chapter by
means of a civil action. The burden of proof in such cases shall be
preponderance of the evidence.
(b)
Injunction. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates Section 4.28.030 may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class.
(c)
Penalties and Other Monetary
Awards. Any person who violates or aids or incites another
person to violate the provisions of this Chapter is liable for each
and every such offense for the actual damages suffered by any aggrieved
party or for statutory damages between the sum of one thousand dollars
and ten thousand dollars, whichever is greater, and shall be liable
for such attorneys' fees and costs as may be determined by the court
in addition thereto.
(d)
Nonexclusive Remedies and Penalties. The remedies provided in this Chapter are not exclusive, and nothing
in this Chapter shall preclude any person from seeking any other remedies,
penalties or procedures provided by law.
(Prior code § 4705; added by Ord. No. 1139CCS, adopted 10/9/79; amended by Ord. No. 2485CCS § 2, adopted 5/12/15)
An action for equitable relief to
secure compliance with the provisions of this Chapter may be commenced
by the City Attorney, District Attorney, or by any person, corporation,
association, or entity acting for the interests of itself, its members,
the general public, or the protected class.
(Prior code § 4706; amended by Ord. No. 1343CCS, adopted 9/10/85)
