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City Council Meeting 9-12-95
Santa Monica, California
ORDINANCE NUMBER 1812
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO AMEND CHAPTER 4.40 OF THE SANTA
MONICA MUNICIPAL CODE TO PROVIDE EVICTION
PROTECTION TO TENANTS WITH DOMESTIC PARTNERS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
The title to Chapter 4.40 of the Santa Monica
Municipal Code is hereby amended to read as follows:
CHAPTER 4.40. DISCRIMINATION ON THE BASIS OF
SEXUAL ORIENTATION OR DOMESTIC PARTNERSHIP
SECTION 2. Chapter 4.40.020 of the Santa Monica Municipal
Code is amended to read as follows:
4.40.020. Definitions.
The following words or phrases as used in
this Chapter shall have the following
meanings:
(a) Affidavit of Domestic partnership.
A document executed by two persons under
penalty of perjury in which they declare that
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they are a domestic partnership as defined in
this Chapter. This document shall be provided
by the city.
(b) Basic: Livinq Expenses. The rent for
the principal place of residence shared by the
domestic partners.
(c) Business Bstablisluaent. Any entity,
however organized, which furnishes goods or
services to the general public. An otherwise
qualifying establishment which has membership
requirements is considered to furnish services
to the general public if its membership
requirements: (1) consist only of payment of
fees; or (2) consist of requirements under
which a substantial portion of the residents
of the City of Santa Monica could qualify.
(d) DOm..tic: partner. A person who
shares a domestic partnership with another
person.
(e) Domestic: partnership. A relation-
ship between two persons in which the
following is true: (1) the persons live
together (2) the persons share basic living
expenses and agree to be jointly responsible
for these expenses, (3) the persons are not
related by blood closer than would bar
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marriage in the state of California, (4)
neither person is married (5) the persons are
eighteen (18) years of age or older, (6) the
persons are each other's sole domestic partner
and intend to remain so indefinitely, (7) the
persons have an intimate, commi tted
relationship of mutual caring, (8) the persons
have completed and executed an "Affidavit of
Domestic Partnership II which is currently on
file with the Clerk's Office and this
Affidavit has not been revoked and (9) neither
person has had a different domestic partner in
the six months prior to executing the
nAffidavit of Domestic Partnership, tI unless
the termination of the previous domestic
partnership was due to the death of a domestic
partner.
(f) Individual. The same as the term
"person. It Wherever this Chapter refers to the
sexual orientation of any individual, and the
individual is a group, the phrase shall mean
the sexual orientation of any member of the
group.
(g) Jointly Responsible. Each domestic
partner agrees to provide for the other's
basic living expenses while the domestic
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partnership is in effect. The partners need
not contribute equally or jointly to basic
living expenses. A landlord who is owed basic
living expenses can enforce the domestic
partners' agreement.
(h) Live Toqether. Two people share the
same principal place of residence and intend
to do so indefinitely. It is not necessary
that the legal right to possess this residence
be in both of their names. One or both of the
people may have additional living quarters.
(i) Person. Any person as defined in
Municipal Code Section 1.12.150.
(j) Sexual Orientation. Actual or
supposed homosexuality, heterosexuality, or
bisexuality, by preference or practice,
including, but not limited to, an orientation
that may be impute on the basis of mannerisms,
physical characteristics or manner of dress.
SECTION 3. Chapter 4.40.040 of the Santa Monica Municipal
Code is amended to read as follows:
4.40.040. Housinq and other real
estate transactions
{a} Unlawful Real Bstate Practices:
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(1.) Transactions Generally. It shall be
an unlawful real estate practice for any
person to interrupt, terminate, or fail or
refuse to initiate or conduct any transaction
in real property, including but not limited to
rental transactions, on the basis, in whole or
in part, of an individual's sexual orientation
or domestic partnership. Unlawful practices
based on an individual's sexual orientation or
domestic partnership would include, but not be
limited to, (1) requiring different terms for
the real property transaction, (2) including
in the terms or conditions of a transaction in
real property any special or unique clause,
condition or restriction, or (3) falsely
representing that an interest in real property
is not available for transaction.
(2) credit and Insurance. It shall be
an unlawful real estate practice for any
person to refuse to lend money, guarantee a
loan, accept a deed of trust or mortgage, or
otherwise refuse to make available funds for
the purchase , acquisition, construction,
alteration, rehabilitation, repair or
maintenance of real property, to impose
different conditions on such financing, to
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refuse to provide title or other insurance
relating to the ownership or use of any
interest in real property on the basis, in
whole or in part, of any individual's sexual
orientation.
(3) Tenant Services. It shall be an
unlawful real estate practice for any person
to refuse or restrict facilities, services,
repairs or improvements for any tenant or
lessee on the basis, in whole or in part, of
any individual's sexual orientation.
(4) Eviction proceedings. It shall be
an unlawful real estate practice to threaten
to commence or commence eviction proceedings
against any tenant on the grounds that he or
she has breached a rental agreement if the
alleged breach arises from an increase in the
number of occupants due to the domestic
partnership of the tenant, provided that the
occupancy by the tenant's domestic partner is
otherwise lawful. A violation of this
subsection may be asserted as an affirmative
defense in an unlawful detainer action.
(5) Advertising. It shall be an unlawful
real estate practice for any person to make,
print, publish, advertise or disseminate in
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any way, any notice, statement, or
advertisement with respect to a transaction or
proposed transaction in real property, or with
respect to financing related to any such
transaction, which indicates or attempts to
indicate any unlawful preference, limitation
or discrimination on the basis, in whole or in
part, of any individual's sexual orientation.
(b) subterfuqe. If the reason for
undertaking or performing one of the actions
specified in subsection (a) of this section
was based, in whole or in part, on the sexual
orientation of an individual, it shall not be
a defense that this action could have also
been supported by legitimate and lawful
grounds.
(c) EXceptions.
(1) owner Occupied and Small owellinqs.
Nothing in this Chapter shall be construed to
apply to the rental or leasing of any housing
unit in which the owner or lessor or any
member of his or her family occupies one of
the living units and either: (a) it is
necessary for the owner or lessor to use
either a bathroom or kitchen facility in
co1t\1t\on with the prospective tenant; or (b) the
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structure contains less than three (3)
dwelling units.
(2) Effect on Other Laws. Nothing in
this Chapter shall be deemed to permit any
rental or occupancy of any dwelling unit or
commercial space otherwise prohibited by law.
(d) Records of Domestic Partnership and
Filinq Fees.
(1) Affidavit of Domestic Partnership.
An Affidavit of Domestic Partnership must be
filed with the Clerk's Office to establish the
domestic partnership.
(2) Amendment to Affidavit. A domestic
partner may amend an Affidavit of Domestic
partnership filed with the City Clerk at any
time to show a change of his or her mailing
address or to show a change in the principal
place of residence of the domestic partners.
(3) Revocation of Domestic Partnership.
When a domestic partnership has ended, other
than by death of one of the domestic partners,
one or both of the partners shall file a
uNotice of Revocation of Domestic Partnership"
with the City Clerk's Office on a form
prepared by the City.
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(4) Maintenance of City Clerk's Records.
The City Clerk shall keep a record of all
affidavits, amendments, and revocations. The
records shall be maintained so that amendments
and revocations are filed with the affidavit
to which they apply.
(5) Filing Fees. The City council shall
set the amount of the filing fees for the
Affidavit of Domestic Partnership by
resolution. The fees charged shall cover the
City's costs of administering the domestic
partnership registry. No separate fee shall
be charged for filing the Revocation of
Domestic Partnership. PaYment of the filing
fee shall entitle the person filing the
Affidavit to have two (2) copies of the
Affidavit certified by the City Clerk.
certification of additional copies shall cost
an amount per copy to be determined by
resolution of the City Council.
SECTION 4. Any provision of the Santa Monica Municipal 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.
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SECTION 5. If any section, 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 portions of this Ordinance.
The City council hereby
declares that it 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
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 6.
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 15 days after its adoption.
This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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city Attorney
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Mayor
State of Cabforrua )
County of Los Angeles ) ss
CIty of Santa Momca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOllica, do hereby certIfy that the foregoIng
Ordmance No 1812 (CCS) had Its first readmg on July 25, 1995 and had Its second readIng on
September 12. 1995 and was passed by the folloWIng vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
RosensteIn
Noes
CouncIl members
None
Abstam
Council members
None
Absent
CouncIl members
None
ATTEST
'---
~~~~
CIty Clerk
PROOF OF PUBLICATION
(2015.5_',)
STATE OF CALIFORNIA,
County of Los Angeles.
I am a citizen of the UnIted States and a
resident of the County aforesaid. I am over
the age of eighteen years, and not a PMty to
or Interested In the above-entitled matter I
am the prinCipal clerk of the printer of the
... ..-................................ ................... f...............
r~E Q1J.1'LQQ~
a newspaper of general circulation, pnnted
and published .lJ."-))...Y. J::~~.:a;.~x .~J!lH?~X.
In the City of ~a.~.TA,~mJm::;^ .........
County of Los Angeles, and which
newspaper has been ad I udged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles. State of
Ca I I forma, under th e date oU ~ ..~6 19 ~ ~. ,
Case Number ,.AlHl.~....., that the notice,
of which the annexed is a printed copy (set
In type not smaller than nonpareIl), has
been published In each regular and entrre
ISsue of said newspaper and not In any
supplement thereof on the follOWing dates.
to-Wit
SEPT 23
........ .... ...... t.. ........... .. II ................ ....
ThIS space IS for tnI:' County CJ.rk's Filing Stamp
e
Proof of Publlcafton of
.... ............ ................................................. .............. ""
EO 9-91
City of s.nla MoniCll
Ordmana: Number 1812 (CCS)
(City Cowle~ Scncs)
AN ORDINANCE OF TIm CITY COUNCn. OF TIm CITY
OF SM, A MONICA TO AMEND CHAPTER 440 OF TIm SANTA
MOI'll,CA MUNICIPAL CODE TO PROVIDE EVICTION PROTECTION
TO TENANTS WITH DOMESTIC PARTNERS
The follOWIng ISA BUJIlmary ofOrdmllllCe Number 1812 (CCS) pI1!JWed by the Offil:e of
the City AIlDrney
OrdllUUlce Number 1812 (CCS) ('Ordmana:") IIIlCnds Chapter 440 to mdude W1t1uo 1111
proVlSlIllIS a prohibnlOo againIt ducfIIl'nnmOJl bued upon domestic par1DCnInpa The
OrdllWlu merefOre ameods me bde of Chapter 4 40 ofdle Santa Monica MuniCIpal Code to
read lIlI Collowll DISCRlMINA TION ON THE BASIS OF SEXUAL ORlENTA TION OR.
DOMESTIC PARTNEll.SHlP
The OrdUWIU IIso lIMeodI Secaon 4 40 020 of the Mwuapal Code _tied
"DeflOlI>Ollll: by addmg defllllllOI1l for the followmg words and pm- affidavit of domeaIlc:
JI8f1IIer!lbtp, bwc hVlOg e><pellSCS. domestIc pllI1lH:r, damelbc pannershtp, Jollltly teIJIOtWbIe.
and lIVe together An affubwlt of domestic pAI1IlerShtp 11 defmed u a document IIUClIllId by
two peROM under peDalty of perJUry m wlneb.1hey dec'-1bat they are a domestic ~
BUlC hvmg expenses are deIcnbed lIB the: rcnl for me pfUlC.lpal place of,..dence 1hIRd by the
domesllc panncrs Domestic pllI1lH:r 11 defmed u a penon wbo Jhan:s a dam_I: pu1Denbip
WIth another person DomesllC pIfInen1np II defined . . R1a11oUup betWWD two penana m
Wh,eb. the folloWUlB Cl'lima IS met (I) !be pcnons live \t1gaIJer, (2) the penom abue bQIC
hVlO~ exoenses and --. to be Jollltly reqlOllSible fort!le expel2ICS. (3) the penomM"e DOt