A.
It is a violation of this section for an owner or the owner's
agent, contractor, subcontractor, or employee, to willfully engage
in, aid, or incite a course of conduct that adversely affects a tenant's
use or enjoyment of a rental unit, housing opportunity, or housing-related
services or facilities, that serves no lawful purpose, and includes,
but is not limited to, the following:
1.
Reducing or eliminating housing services required by a lease,
contract, or law, including the elimination of parking if provided
in the tenant's lease or contract, or access to common areas
or amenities, except as necessary to comply with court order or local
or State law, or to lawfully create an accessory dwelling unit or
additional housing.
2.
Failing to perform and timely complete necessary repairs and
maintenance required by local or State law.
3.
Failing to exercise due diligence in completing repairs and
maintenance once undertaken or failing to follow appropriate industry
repair, containment or remediation protocols designed to minimize
exposure to noise, dust, lead paint, mold, asbestos, or other building
materials with potentially harmful health impacts.
4.
Abusing the owner's right of access into a rental housing
unit as established and limited by California Civil Code Section 1954,
including entering or photographing portions of a rental unit that
are beyond the scope of lawful entry or inspection.
5.
Threatening a tenant, by word or gesture, with physical harm.
6.
Misrepresenting to a tenant that the tenant is required to vacate a rental unit or enticing a tenant to vacate a rental unit through intentional misrepresentation or the concealment or omission of a material fact. This includes misrepresenting a tenant's rights under Chapters 26.40 and 26.50 of this Code.
7.
Offering payments or other inducements to a tenant to vacate
more than once in any six months, after the tenant has notified the
owner in writing that the tenant does not desire to receive further
offers of payments or other inducements to vacate.
8.
Threatening to report a tenant or other person known to the
owner to be associated with a tenant to any local, State, or Federal
agency on the basis of their perceived or actual immigration status.
The prohibition shall not be construed as preventing communication
with such agencies regarding an alleged immigration violation.
9.
Inquiring as to the immigration or citizenship status of a tenant,
prospective tenant additional tenant, occupant, or prospective additional
occupant of a rental unit, or requiring any of these people to make
any statement, representation, or certification concerning their immigration
or citizenship status.
10.
Refusing to acknowledge or accept receipt of lawful rent payments
as set forth in a lease agreement or as established by the usual practices
of the parties or applicable law.
11.
Engaging in activity prohibited by Federal, State, or local
housing antidiscrimination laws.
12.
Retaliating, threatening, or interfering with tenant organizing
activities, including forming or participating in tenant associations
and unions.
13.
Retaliating, threatening, or interfering with a tenant's
right to petition the government for redress of grievances.
14.
Interfering with a tenant's right to privacy. This includes,
but is not limited to: video or audio recording that captures the
interior of a tenant's bedroom, bathroom, changing room, fitting
room, dressing room, or the interior of any other area in which the
occupant has a reasonable expectation of privacy with the intent to
invade the privacy of a person or persons inside, entering or photographing
portions of a rental unit that are beyond the scope of a lawful entry
or inspection, unreasonable inquiry into a tenant's relationship
status or criminal history, and unreasonable restrictions on or inquiry
into overnight guests.
B.
An owner or an owner's agent, contractor, subcontractor, or
employee, in the course of the leasing or offering to lease a rental
unit, is prohibited from requesting information that violates a tenant's
right to privacy, including, but not limited to, residence or citizenship
status or social security number, except as required by law or, in
the case of a social security number, for the purpose of obtaining
information for the qualifications for a tenancy, or not release such
information except as required or authorized by law. This includes
a refusal to accept equivalent alternatives to information or documentation
that does not concern immigration or citizenship status, e.g., an
individual taxpayer identification number (ITIN).
(Ord. 6139, 1/23/2024)
A.
An aggrieved tenant under this chapter may institute civil proceedings
as provided by law against an owner or an owner's agent, contractor,
subcontractor, or employee alleged to have violated the provisions
of this chapter, regardless whether the rental unit remains occupied
or has been vacated due to the alleged violation.
B.
A tenant prevailing in court may be awarded:
1.
Actual damages or a minimum amount of $1,000 per violation,
whichever is greater.
2.
In the court's discretion, reasonable attorney's fees
and costs.
3.
Upon a showing that the owner has acted with oppression, fraud,
or malice, up to three times the actual damages. An award may also
be entered for punitive damages for the benefit of the tenant against
the owner.
C.
The court may impose civil penalties up to $10,000 per violation,
tenant relocation, and other appropriate relief.
D.
Injunctive relief and any other remedy provided by law.
(Ord. 6139, 1/23/2024)
