O1139
,
CA ~~dd
coun.eet~ng
10-09-79
....."
Santa Mon~ca, cal~a
ORDINANCE NUMBER 1139
(C~ty Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADDING
TO ARTICLE IV, CHAPTER 7, ENTITLED
HOUSING ~NTI-DISCRIMINATION CODE
TO REGULATE DISCRIMINATION IN
HOUSING BASED ON AGE.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 7 is hereby added to Article
IV of the Santa Monica Municipal Code to read as follows:
SECTION 4700. Findings and Purpose.
The City Council finds and declares:
(a) That arbitrary discr~rnlnation agalnst tenants
with minor chlldren exists in the City of Santa Monlca.
(b) That the existence of such dlscrimination
poses a substantial threat to the public health and welfare
of a large segment of the community, namely, families ~ith
children.
(c) That the overall effect of such discrlm~nation
1S to encourage the fllght of families from the Clty of
Santa ~1onica, resulting ln the decline of stable, inter-
generatlonal neighborhoods, the closure of schools, and
the reduction of soclal and recreatlonal services for children
and their farnil~es.
Cd} That such discrimlnat~on cuts across all racial,
ethn1c, and econo~ic lines, but falls ~ost heavl1y on mlnorlty
and single parent families wlth chjldren.
'j
.
-
(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 1S against the publ1C policy of the City of
Santa aonica to discr1minate 1n rental housing based upon
age, parenthood, pregnancy, or the potential or actual
tenancy of a m1nor child.
SECTION 4701: Definitions.
The following words or phrases used in this ordinance
have the following mean~ngs:
(a) Housing Accommodation. Any property located
in the City of Santa Monica rented for residential housing
purposes.
.
(b) Senior Adult. A person slxty-two (62) years of
age or older.
(c) Minor Child. One or more children under the
age of eighteen (18) years.
SECTIOIl 4702: Prohib1ted Activities.
It shall be unlawful for any person offerlng a unit
for rent or lease, or any authorlzed agent or employee of
such person, to do or attempt to do any of the following:
(a) Refuse to rent or lease a hous1ng accommodatlon,
or otherwise deny to or withhold from, any person or persons,
a housing accommodation on the basis of age, parenthood, pregnancy
or actual tenancy of a mlnor Chlld.
-2-
~
~
--
.
(b) Discriminate aga~nst any person in the terms,
conditions, or privileges of the rental of a housing accom-
modation or in the provision of services or facil~ties in
connect~on therewith, on the basis of age, parenthood, pre~-
nancy, or the potential or actual tenancy of a minor child.
(c) Represent to any person, on the bas~s of age,
parenthood, pregnancy, or the potential or actual tenancy
of the m~nor child that a housing accommodation is not
available for ~nspection or rental when such hous~ng accom-
modation is in fact available.
(d) Make, print, or publish, or cause to be made,
printed, or published any notice, statement, sign, advertisement,
appl~cation, or contract w~th regard to a rental unit offered
by that person that ~ndicates any preference, limitation, or
discr~mination with respect to age, parenthood, pregnancy,
or the potential or actual tenancy of a minor ch1ld.
(e) Include 1n any rental agreement or lease for
a housing accommodation a clause providing that as a condition
of continued tenancy, the tenants shall remain ch1ldless or
shall not bear children or otherwise not ma1ntain a household
with a person or persons of a certain age.
(f) Charge additional rent for persons living in
a housing accommodation on the basis of age, parenthood,
pregnancy, or the presence of a minor ch1ld. Provided, however,
that this subsect10n shall not apply if Proposition Q of the
November 6, 1979, municipal election fails.
-3-
.
J
.
--
SECTION 4703. Exemptions.
Nothing conta~ned 1n th1S ordlnance shall apply
to or be construed:
(a) To affect a housing accommodat1on designed
and operated exclusively for senior adults, and the~r spouses,
or any nursing home, convalescent home, or retirement home,
(b) To affect those apartments where at least
forty (40) percent of the unlts are rented to families wlth
children.
(c) To walve any standards with reference to
occupancy or density.
(d) To force a person to rent a housing accommoda-
tion to a family whose total number of persons exceeds the
reasonable living space availabJe in the rental un~t. In any
action brought pursuant to Sectlon 4705 of this ordlnance,
the person offerlng the unit for rent shell have the burden
of provlng the reasonableness of the occupancy standard.
SECTION 4704. Financial Obligatlon Requirements
Not Prohlblted.
ThlS ordlnance shall not prohlbit the person offerlng
a unlt for rent or lease or any authorized agent or employee
of such person from requlring the same financlal obllgation
from all prospective tenants. However, no d1scriminatlon
-4-
.
.
the amount or manner of payment of said financial obligation
shall be perm~tted based upon age, parenthood, pregnancy, or
the potent~al or actual tenancy of a minor ch~ld.
SECTION 4705. Civil Remedy.
Any person who v~olates the provisions of th~s
ordinance is liable for actual damages, if any, w~th regard
to each and every such violat~on and such additional amount
as may be determ1ned by a jury, or the court sitt1ng without
a jury, up to three times the amount of actual danages, or
$500.00, wh1chever is greater. In add1tion, the prevail~ng
party in any actlon under thls sectlon shall be entitled to
reasonable attorney.s fees.
SECTION 2. Any prov~sions of the Santa Mon1ca
Munlclpal Code or append~ces thereto inconslstent therewith,
to the extent of such lnconslstencies and no further, are
hereby repealed or modifled to that extent necessary to
affect the provisions of thlS ordlnance.
SECTION 3. If any sectlon, subsection, sentence,
clause or phrase of this ordinance LS for any reason held
to be lnvalld or unconstltutional by a decls~on of any
court of competent jurlsdictlon, such decision shall not
affect the validity of the remalnlng portions of the
ordinance. The City Councll hereby declares that it would
have passed this ordinance and each and every section,
subsection, sentence, clause, or phrase not declared 1nva11d
or unconstitut~onal without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconst1tutional.
-5-
.4
.
.
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 in the
official newspaper within fifteen (15) days after its adoption.
The ordinance shall beco~e effective after thirty (30) days
from its adoption.
APPROVED AS TO FORM:
-6-
"of · .
.
.
ADOPTED AND APPROVED THIS
9th
DAY
OF October
.~ 1979 I
-v ? '
I~ <<A_~ r:: {ft?k_jdUJ~ L,1~
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE}
No. 1139 } WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 25th DAY OF September ~ 1979; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNe I L ON THE 9th DAY OF October
BY THE FOLLOWING COUNCIL VOTE:
, 1979
AYES:
COUNC I U1EMBERS :
Bambrick, Yannatta Goldway, Jennings,
Reed, van den Steenhoven -
NOES:
COUNCILMEMBERS:
Scott
ABSENT:
COUNCILMEMBERS:
None
ATTEST:
~~--
c.YfY -C~RK