A. 
The purpose of this chapter is to protect the health, safety, and welfare of tenants in the city of San Pablo by prohibiting harassment by housing providers and their agents. This chapter is adopted pursuant to the city's police powers and in accordance with California Civil Code Section 1940.2 and Senate Bill 567 (2023), and shall be interpreted consistently with applicable state law, including the Mobile Home Residency Law (California Civil Code §§ 798 et seq.). In the event of any conflict between this chapter and the Mobile Home Residency Law, the provisions of the Mobile Home Residency Law shall take precedence.
(Ord. 2026-001, 3/2/2026)
Unless the particular provision or the context otherwise requires, the following definitions shall govern the interpretation and application of this chapter:
"Harassment"
includes, but is not limited to, any conduct described in Civil Code Section 1940.2(a), in addition the following:
1. 
Use of force, threats, or menacing conduct to influence a tenant to vacate a rental unit;
2. 
Threats to disclose a tenant's immigration status;
3. 
Repeated verbal abuse or intimidation of a tenant;
4. 
Refusal to make necessary repairs or provide housing services required under a lease or by law;
5. 
Entering the rental unit unlawfully or excessively;
6. 
Offering payments to vacate a rental unity more than once in six months after a tenant has notified the housing provider that the tenant does not desire to vacate the rental unit;
7. 
Filing false reports with government agencies;
8. 
Removing personal property or locking out tenants without a court order; and
9. 
Utility shutoffs, and removal of doors/windows with intent to terminate tenancy.
"Housing provider"
means an owner, lessor, or sublessor who receives or is entitled to receive rent for the use and occupancy of any Rental Unit, and the agent, representative, or successor of any of the foregoing.
"Rental unit"
means any dwelling unit in the city of San Pablo (regardless of zoning status), including the land appurtenant thereto, that is rented or available for rent for residential use or occupancy (regardless of whether the unit is also used for other purposes), together with all housing related services connected with the use or occupancy of such property, such as common areas and recreational facilities held out for use by the tenant, including parking facilities. For purposes of this chapter, "rental unit" also includes spaces within mobile home parks.
"Tenant"
means a tenant, subtenant, lessee, sublessee, or other person entitled by written or oral rental agreement to the use or occupancy of a rental unit.
(Ord. 2026-001, 3/2/2026)
No housing provider shall engage in any form of harassment as defined in this chapter or under Civil Code Section 1940.2, whether directly or indirectly, with the intent to cause or influence a tenant to vacate a rental unit or otherwise waive any legal rights to a rental unit.
(Ord. 2026-001, 3/2/2026)
A. 
Injunctive relief. A tenant may seek injunctive relief on their own behalf and on behalf of other affected tenants to enjoin a housing provider's violation of this chapter.
B. 
Damages. A tenant my bring a civil action to recover actual damages, treble damages upon a showing that the housing provider has acted willfully or with oppression, fraud or malice and punitive damages, as well as attorneys' fees and costs at the court's discretion.
C. 
Remedies are nonexclusive. Remedies provided in this chapter are in addition to any other existing legal remedies and are not intended to be exclusive.
D. 
Discretionary enforcement by city. In addition to any other remedies provided by this chapter or by other law, the city attorney may also enforce the provisions of this chapter by means of a civil action or injunctive relief.
E. 
No administrative hearings required. This chapter does not require the city to conduct investigations, hold administrative hearings, or issue formal findings prior to enforcement. The city shall not be obligated to establish, operate, or maintain any administrative hearing process related to tenant harassment claims under this chapter.
(Ord. 2026-001, 3/2/2026)
It shall be unlawful for a Housing Provider to retaliate against a Tenant in response to a Tenant exercising any of Tenant's rights under this Chapter or any other laws, including but not limited to filing or participating in a complaint regarding unsafe living conditions, requesting repairs, reporting building code violations to the City or any other governmental agency, pursuing legal action, or forming, joining, or participating in a Tenant organization. For purposes of this section, retaliation includes, but is not limited to, serving an eviction notice or taking other action to recover possession of a Rental Unit, increasing rent, eliminating or reducing services or amenities to a Rental Unit, or otherwise interfering with Tenant's rights under an applicable lease agreement.
(Ord. 2026-001, 3/2/2026)