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O1812 e . f:\atty\muni\laws\barry\dom.par 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 1 e e 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 2 e . 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an "Affidavit of Domestic Partnership II which is currently on file with the Clerk's Office and this Affidavit has not been revoked and (9) neither person has had a different domestic partner in the six months prior to executing the nAffidavit of Domestic Partnership, tI unless the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 3 e . 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: 4 e e (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 5 e . 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 6 e e 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 7 e e 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. 8 e e (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. 9 e e 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: ~o~~ city Attorney 10 e e ;[J~ 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