It is hereby declared as the public policy of the City of West
Hollywood that it is necessary to protect and safeguard the right
and opportunity of all persons to be free from discrimination in housing
based on their status as students.
The city recognizes that the practice of discrimination against
persons on account of their status as students deprives the city of
the full utilization of its capacity for development and advancement
and substantially and adversely affects the interest of the city,
students and the public in general.
Because housing is a fundamental necessity of life, it is against
the public policy of the City of West Hollywood to discriminate in
housing on the basis of a person's status as a student.
(Prior code § 4260; Ord. 85-49 § 1, 1985)
As used in this chapter:
shall mean services connected with the use or occupancy of
a rental unit including but not limited to, utilities (including light,
heat, water and telephone), ordinary repairs or replacement, and maintenance,
including painting. This term shall also include the provision of
elevator service, laundry facilities and privileges, common recreational
facilities, janitor service, resident manager, refuse removal, furnishings,
food service, parking and any other benefits, privileges or facilities.
shall mean an owner, lessor, or sublessor, (including any
person, firm, corporation, partnership, or other entity), who receives
or is entitled to receive rent for the use of any rental unit, or
the agent, representative or successor of any of the foregoing.
shall mean the consideration, including any bonus, benefits
or gratuity, demanded or received by a landlord for, or in connection
with, the use or occupancy of a rental unit, including but not limited
to moneys demanded or paid for the following: meals where required
by the landlord as a condition of the tenancy; parking; furnishings;
other housing services of any kind; subletting or security deposits.
shall mean all dwelling units, efficiency dwelling units,
guest rooms, and suites in the City of West Hollywood, rented or offered
for rent for living or dwelling purposes, the land and buildings appurtenant
thereto, and all housing services, privileges, furnishings and facilities
supplied in connection with the use or occupancy thereof, including
garage and parking facilities. This term shall also include mobile
homes, whether rent is paid for the mobile homes and the land upon
which the mobile home is located, or rent is paid for the land alone.
The term shall not include:
Housing accommodations in any hospital; state-licensed community
care facility; convent; monastery; extended medical care facility;
asylum; fraternity or sorority house; or housing accommodations owned,
operated, leased or managed primarily for occupancy by its students
by an institution of higher education, a vocational school, a high
school, or an elementary school.
Housing accommodations designed and operated exclusively for
senior citizens or retirees and their spouses, or retirement homes.
Housing accommodations designed and operated exclusively for
either single or married students or for students with minor dependents
who live with them.
Housing accommodations which a government unit, agency or authority
owns, operates, or manages, or which are specifically exempted from
municipal regulation by state or federal law or administrative regulation.
shall mean any person enrolled in an institution of higher
education, vocational school, high school or elementary school.
(Prior code § 4261; Ord. 85-49 § 1, 1985)
A landlord shall not do or attempt to do any of the following:
a.
Refuse
to rent or lease a rental unit, refuse to negotiate for the rent or
lease of a rental unit, evict from a rental unit, or otherwise deny
to or withhold a rental unit from any person on the basis of the person's
status as a student.
b.
Rent
or lease a rental unit on less favorable terms, conditions or privileges,
or discriminate in the provision of housing services to any person
on the basis of the person's status as a student.
c.
Represent
to any person that a rental unit is not available for inspection,
rental or lease when such rental unit is, in fact, available on the
basis of the person's status as a student.
d.
Make,
print, publish, or cause to be made, printed, or published any notice,
statement, sign, advertisement, application, or contract with regard
to a rental unit that indicates any preference, limitation, or discrimination
with respect to a person's status as a student.
e.
For
any person to aid, abet, incite, compel, or coerce the doing or attempt
to do any of the acts forbidden under this chapter.
f.
Exceptions.
Nothing in this chapter shall be construed to apply to the rental
or leasing of any housing unit in which the owner or any member of
his or her family occupies one of the living units and it is necessary
for the owner or member of his or her family to use either a bathroom
or kitchen facility in common with the prospective tenant.
(Prior code § 4262; Ord. 85-49 § 1, 1985)
Nothing contained in this chapter shall be construed to authorize
any landlord to discriminate against any person on the basis of the
fact that the person is not a student.
(Prior code § 4263; Ord. 85-49 § 1, 1985)
Any landlord who violates the provision of this chapter shall
be subject to injunctive relief and shall be liable for actual damages,
if any, with regard to each and every such violation and such additional
amounts as may be determined by a jury, or the court sitting without
a jury, up to three times the mount of actual damages or three times
an amount equal to one month's rent of the rental unit involved, whichever
is greater, as well as reasonable attorney's fees and costs of litigation.
(Prior code § 4264; Ord. 85-49 § 1, 1985)
Actions under this chapter must be filed within one year of
the alleged discriminatory acts.
(Prior code § 4265; Ord. 85-49 § 1, 1985)
The provisions of this chapter shall be construed liberally
for the accomplishment of its purposes.
(Prior code § 4266; Ord. 85-49 § 1, 1985)
