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City Council Meeting 7-25-95 Santa Monica, California
JUL 2 5 1995
STAFF REPORT
TO: Mayor and city Council
FROM: city Attorney
SUBJECT: An Ordinance Of The City Council Of The City
Of Santa Monlca Adding Chapter 4.56 To The Santa
Monlca Municipal Code Regarding Tenant Harassment
On April II, 1995, the Clty Council directed this office to prepare
an ordinance which would prohibit a landlord from harassing a
tenant with the intent to cause the tenant to vacate his/her
rental housing unlt.
The genesis of the City Council's direction was the potential
passage of SB1257 -- the statewide vacancy decontrol measure now
in the State Assembly. This bill would in general terms decontrol
the rent charged for a rental unit upon the vacancy of that unit by
a tenant.l Because a landlord cannot obtain the benefits of this
measure whlle an existing tenant resides in the unit, concern has
been expressed that certain landlords may in the future attempt, or
are presently attempting, to force or coerce tenants to vacate
1 As currently proposed, there is a three year phase in
period before full decontrol occurs upon the vacancy of a unit.
Duri~g.this three y~ar period, rents are permitted to rise aJUL 251995
spec~fled amount tWlce.
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their unlts so these landlords can seek the benefits of SB1257 upon
rerental of the unlt.2
Rather than define harassment generally, this ordinance would make
certain actions or conduct by a landlord illegal if performed with
the intent to cause a tenant to vacate the tenant's rental housing
unit. This office drafted this ordinance to make specific conduct
unlawful if coupled with the requisite intent so that the ordinance
would satisfy criminal proof standards. Conduct covered by this
ordinance would include:
(a) Reducing housing services.
(b) Reducing maintenance or failing to perform
and timely complete necessary repairs or
maintenance.
( c) Abusing the landlord's right of access
into a rental housing unit.
(d) Abusing the tenant with words which are
offensive and ~nherently likely to provoke an
immediate violent reaction.
(e) Threatening the tenant, by word or
gesture, with physical harm.
(f) Enticing a tenant to vacate a unit
through fraudulent misrepresentation.
2SB 1257 would subject tenants residing in certain types of
rental units, l.e., unlts constructed after February 1995, slngle
family homes, and condominiums, to rent increases even while they
continue to reslde ln the units. However, among other
exceptions, any tenant residing in one of these units on January
1, 1996 is not subject to such rent increases.
(g) Misrepresenting to a tenant that the
tenant is requ~red to vacate the rental
housing unit.
(h) Failing to exercise due diligence in
performing and completing repairs to a rental
houslng unit after obtaining possession of the
unit for the purpose of performing the
:repairs.
This ordinance would not impact a landlord's right to lawfully
evict a tenant.
Violation of thlS ordinance would be a misdemeanor. Any person,
including the City, would also be authorized to bring a civil
action to enforce its provisions. civil remedies and penal ties
would include, but not be limited to, actual and punitive damages
as well as injunctive relief.
RECOMMENDATION
It is respectfully recommended that the city Council introduce the
attached ordinance for first reading and hold a pUblic hearing
thereon.
Prepared By: Marsha Jones Moutrie, city Attorney
Barry A. Rosenbaum, Deputy City Attorney
f:\atty\muni\laws\barry\harass
City Council Meeting 7-25-95 Santa Monical California
ORDINANCE NUMBER
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(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING CHAPTER 4.56 TO THE SANTA
MONICA MUNICIPAL CODE REGARDING TENANT HARASSMENT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.56 is hereby added to the Santa Monica
Municipal Code to read as follows:
CHAPTER 4.56. TENANT HARASSMENT.
4.56.010. Definitions.
The following words or phrases as used in
this Chapter shall have the following
meanlngs:
( a) Housing service. Housing services
lnclude, but are not limited to hot and cold
water, heat, electriclty, gasl refrigeration,
elevator service, window shades and screens,
storage I kltchen, bath and landry facillties
and prlvileges, janitor services I refuse
removall furnishings, telephone, parkingl
effective waterproofing and weather
protection, painting, and any other benefit,
privilege, or facility that has been furnished
with the use or occupancy of any rental
housing unit. Services to a rental housing
unit shall include a proportionate part of
services provided to common facilities of the
building In which the rental housing unit is
contained.
(b) Landlord. An owner, lessor,
sublessor, or any other person entitled to
receive rent for the use and occupancy of any
rental housing unit, or an agent,
representative, or successor of any of the
foregoing.
( c) Rental Housinq Aqreement. An
agreement, oral or written or implied, between
a landlord and tenant for use or occupancy of
a rental housing unit and for houslng
services.
(d) Rental Housinq unit. A housing unit
in the city of Santa Monica including a room
in a single family home, hotel or motel,
roominghouse or apartment, single family home,
mobile home or mobile home space, railer or
trailer space, offered for rent. "Rental
housing unit" does not include any unit
occupied pursuant to an innkeeper-guest
relationsh~p.
(e) Tenant. A tenant, subtenant,
lessee, sublessee or any other person entitled
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under the terms of a rental housing agreement
to the use or occupancy of any rental housing
unit.
4.56.020. Prohibition. No landlord
shall, with respect to property used as a
rental housing unit under any rental housing
agreement or other tenancy or estate at will,
however created, do any of the following with
the intent to cause a tenant to vacate the
rental housing unit:
( a) Reduce housing services.
(b) Reduce maintenance or fail to perform
and timely complete necessary repairs or
maintenance.
( c) Abuse the landlord's right of access
into a rental housing unit within the meaning
of Cal~fornia civil Code section 1954.
(d) Abuse the tenant with words which
are offensive and inherently likely to provoke
an immediate violent reaction.
( e) Entice a tenant to vacate a rental
housing unit through fraudulent
misrepresentation.
(f) Threaten the tenant, by word or
gesture, with physical harm.
(g) Misrepresent to a tenant that the
tenant is required to vacate a rental housing
unit.
(h) Fail to exercise due diligence in
performing and completing repairs to a rental
housing un~t after obtaining possession of the
unit for the purpose of performing the
repairs.
(i) Engage in an activity prohibited by
Chapter 4.28.030(a), (d) , (e) I and (f) [which
prohibits housing d~scrimination based on age,
parenthood, pregnancy, or occupancy of a minor
child) or Chapter 4.40.040 [which prohibits
undertaking certain real estate practices
based on sexual orientation].
(j) Threaten or endeavor to recover
possession or evict a tenant from a controlled
rental unit, as defined by Article XVIII of
the city Charter, without having a substantial
basis in fact for the eviction as provided by
Section 1806 of the City Charter or section
7060 et seq. of the California Government
Code.
4.56.030. Lawful Evictions. Nothing in
this section shall be construed as to prevent
the lawful eviction of a tenant by appropriate
legal means nor shall anything in this Section
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apply to occupancies defined by subdivision
(b) of civil Code Section 1940.
4.56.040. Enforcement and penalties.
(a) criminal Penalty. Any person who is
conv~cted of violating this Chapter shall be
guilty of a misdemeanor and upon conviction
shall be punished by a fine of not greater
than five hundred dollars or by imprisonment
in the County Jail for not more than six
months, or by both such fine and imprisonment.
(b) civil Action. Any person, including
the City of Santa Monica, may enforce the
provisions of this Chapter by means of a civil
action.
( c) Injunction. Any person who commits
an act, proposes to commit an act, or engages
in any pattern and practice which violates
Section 4.56.020 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
wlll fairly and adequately represent the
lnterest of the protected class.
(d) Penalties. Any person who violates
or aids or incites another person to violate,
the provisions of this Chapter is liable for
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each and every such offense for the actual
damages suffered by any aggrieved party and
such attorney's fees and costs as may be
determined by the court in addition thereto.
The court may also award punitive damages in a
proper case.
(e) . Nonexclusive Remedies and
Penalties. Nothing in this Chapter shall
preclude any person from seeking any other
remedies, penalties, or procedures provided by
law.
SECTION 2. Any provision of the Santa Monica Munic1pal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any sect1on, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining port1ons of this Ordinance. The city Council hereby
declares that 1t would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
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of the ord1nance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once ln the official newspaper
within 15 days after its adoptlon. This Ordinance shall become
effective 30 days from ltS adoption.
APPROVED AS TO FORM:
~~h~
city Attorney
CRRA POBIN DESIGN TEL NO.310 399-9295 Jul 25.95 17.11 P.Ol
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Fax 310458 1
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7/15/95 i
~steln:
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I do not believ t~e measures that the Evcll1ng Outlook nlentloned
you arc propo In~ go far enough.
My girlfriend' la~dlord i~ already haras~tng her. Be has rompJalned
that I, her boy d~nd, spends the nighl there sometimes. Because of
that he threat nefi to put her on the street. He complained that her
daughter was aving a birthday party there saying that he does not
have lnsuranc lqr It.
In short~ he is lr~ady making her life unplca..~ant, and one can
expect that he illl make It far more unpleasant so he can get control
of her apartm n t'l
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Please make t e "ntt.harassment law stronger.
Sincerely, I
Tom RandOlPh,
3]0399-7058 vrne
310 399 9296~ta
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