O1817
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City council Meeting 10-10-95 Santa Monica, California
ORDINANCE NUMBER 1817
(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
meanings:
(a) Fraud. Intentional misrepresenta-
tion, deceit, or concealment of a material
fact.
(b) Housing Service.
Housing services
include, but are not limited to hot and cold
water, heat, electricity, gas, refrigeration,
elevator service, window shades and screens,
storage, kitchen, bath and laundry facilities
and privileges, janitor services, refuse
removal, furnishings, telephone, parking,
effective
waterproofing
and
weather
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protection, painting, and any other benefit,
privilege, or facility that has been provided
by the landlord to the tenant 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.
(c) Landlord. An owner 1 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.
(d) 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 housing
services.
(e) Rental Housing Unit. A housing unit
in the City of Santa Monica that constitutes a
controlled rental unit pursuant to city
Charter Section 1800 et seq. including a room
in a single family home, hotel or motel,
roominghouse or apartment, single family home,
mobile home or mobile home space, trailer or
trailer space.
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(f) Tenant. A tenant, subtenant,
lessee, sublessee or any other person entitled
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) Interrupt or terminate housing
services required by contract or by state or
local housing, health or safety laws.
(b) Fail to perform repairs and
maintenance required by contract or by state
or local housing, health or safety laws or
fail to exercise due diligence in completing
repairs and maintenance once undertaken.
(c) Abuse the landlord's right of access
into a rental housing unit as that right is
specified in California Civil Code Section
1954.
(d) Abuse the tenant with words which
are offensive and inherently likely to provoke
an immediate violent reaction.
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(e) Seek to entice or entice a tenant to
vacate a rental housing unit through fraud.
(f) Threaten the tenant, by word or
gesture, with physical harm.
(g) Engage in an activity prohibited by
Chapter 4.28.030 (a), (d), (e), and (f) [which
prohibits housing discrimination based on age,
parenthood, marriage, pregnancy, or occupancy
of a minor child] or Chapter 4.40.040 [which
prohibits undertaking certain real estate
practices based on sexual orientation].
(h) Take action to terminate any tenancy
including service of any notice to quit or
other eviction notice or bring any action to
recover possession of a rental housing unit
based upon facts which the landlord has no
reasonable cause to believe to be true or upon
a legal theory which is untenable under the
facts known to the landlord.
This subsection shall not apply to any
attorney who in good faith initiates legal
proceedings against a tenant on behalf of a
landlord to recover possession of a rental
housing unit.
4.56.030. Lawful Evictions.
Nothing in this section shall be
construed as to prevent the lawful eviction of
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a tenant by appropriate legal means nor shall
anything in this section 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
convicted 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. A violation of this Chapter may be
asserted as an affirmative defense in an
unlawful detainer 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 will
fairly and adequately represent the interest
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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
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 as defined by civil Code Section
3294.
(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 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.
SECTION 3. 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
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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 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 off icial newspaper
within 15 days after its adoption.
This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
~~ AuukU
MARSHA JO MOUTRIE
City Attorney
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Mayor
State of CalIfornIa )
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 1817 (CCS) had Its fIrst readmg on September 26_ 1995 and had Its second
readmg on October 10, 1995 and was passed by the followmg vote
Ayes
CouncIl members
Abdo, Genser, O'Connor, Rosenstem
Noes
Council members
None
Abstam
CouncIl members
Ebner, Greenberg, Holbrook
Absent
CouncIl members
None
ATTEST
~,"!l':~ ~
CIty Clerk
PROOF OF PUBLICA liON
(2015.5 C.C.P.) _
I
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 party to
or interested in the above-entitled matter I
am the principal clerk of the printer of the
...~~...............................,...............
THE OUTLOOK
..... ...... ojp......... ............ .................. "'" .... .,........
a newspaper of general circulation, printed
I
and published .:Q~.~:liXJH\~f:.IT.~~!f}}A.x.
in the City of .~M.TA.]\'9RJ{;A............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of.J.~~ .~!i 19 .~~.,
Case Number ..;n~.~~.~.....; 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 entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to.wit.
OCT 21
.....................................................
all In the year 19...~?
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct
Dated at SANTA !tfONICA
. ... ,...... iIII ill.............. ......... '''' ......
CaILS'i th 21 d f OCT 95
I r,a,. IS.........: ayoll')"'" 19.....
..... '1&f.u1kt.u.4~..."u!.~Y?....
Signature ZJ' - -
I
Fr.. CIl"iU Ilf tills ~I.ftk tllrm 1ft ay be lacy...d from.
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertismg Clearing House
POBox 31
los Angeles. CA 90053 Telephone 625-2541 'I
..luse reQuest GE NERAL Prool of PubliC' lion
when ard~rl1ul f"" fo,.", I
I Th.sspace i.forthe Co.ty Clork's Filing Stomp
Proof of Publication of
....................,...............................-.....
EO 10-122
...of; ~.'-""" ...
The following IS a ,,~- : r 1817 (CCS) prepared by the .'<~
Office of the Clt,y Attornl!y: , '"' ~ ,. . 5- ,_~ ft:i- '
Onhnance Number 111l1({~:~~~") adds Chapter 456 to the Santa
Momca Mumclpal Cada:~~ actions or-conduct engaged In by a, landlord
ilJegalil those actlOllB:~WnO.~tIi performed With the mtent to cause a tenant to
vacate hIS or her ren - - ~.~
ThE! Orchnance . ~. '. f1>.1.'~ 010, entItled "DefimtlGns " ThIS SectIon sets
forth the defimtlOlIlI . ~rds and phrases "fraud," "hOUSIng servIce,'
"landlord," urental hOqsmg' . ",,(rentaI housmg umt, N and "~t N
The Ordmance adW1 Secb.on 4.56-'; entItled "Prohib1t.lon," wh1ch prop.lhlts land-
lords from domg any of the fulloMng with t to cause a teriant to ~acate the
rental hOWling unit (Ill mterrupt or temn . ' ng lll!I"VlCl!Il reqUIred by contract
or by State or local housmg, health or ' (h) rill to perfonn repam! and
mamtenance reqwred by contract 'Or by S housmg, health or safE!ty laws
or fall to exel'Cllijt due dIligence UI, 'l!ODl 'rs IUld IIUlJ.ntelumee once under-,
taken, (c) abUflll the landlord's tight (If" a rental housmg Umt 8S that nght
18 spectlied Ul CalH11rma Cml. Code 8eo60Ji,' 4, (d) IIbuse the tenlUlt With words
wl;uch are Offensive and Uiherently Jiiely to . 'an..uftmedlllte vlOlE!nt reaction, fe)
seek to entice o~ ;OOloce a tenant to v ;. '-rent&], hdusing tuUt through fraud, (t)
,threaten the tenant, by word or gesture, phymea! harm.; (g) engage m an actlVlty
profublted by Chapter 4 28 030(a), (dl, (el, and (f') [which prohibits housmg mscnmmo-
bon balled on age, parenthood, m8.1TlBge, pregnancy, or OOCl,lpancy of a Inlll(lr cluldl OJ
Chapter 4 40.040 [whIch prohlblts undert8Jw\g certain l'8Il1!eatate practlce8 blllilld on
sexual onenfl!tionl, (h) take actJ.on to termmate any tellllnCy U1cludlllf[ service of any
I1(lt~ to qwt or other evtctJ.on notice or bnng.any actlon to recover po88e1I8ion of a
rental. hDWIlng umt b!l8ed upon facts wluch the landlord has no ~e eauae to<
beh_ tQ be true or upon a legal theory w~ch Ja; un~ under t~~~~W'n W'
the landlord The OrdInance also provuies that thul su~on dOOll uDDt, ;
attorney- who In good fmth lmtJates legal ~Mi" ' "
landlord W"'reCover ',', 8l a rentaUwu8u!.J' -
456030, entltled ~ct1b'Il8,. to the Mum' -
mg In thlLi Ch~j!r.>>~'(.~nt8 t~ Jawfu.!-.e~'{I-C.JlW1.",o Off!l tenll'lt !?~,
mesns, IllU" doe. 1lrlB CliJl1)ter $Ply t[) ~ (lef~
I940(bl. _ c - - '>' " "' .
ThaOrdlnance adds Section to 4,66 040, edHtIed " III1d
the MUDlClpal Code ThiS Seetlon prOVIdes thu-~one of' 'ng this
Chapter is gw.lty of a I1'Usdemeanor whIch 13 punisbab1e by Ii t'ini' bot to ~ $500,
not more than SIX months Impn80nment In the Count,y Jail. or both a fine ,and. unpris-
onment. Tins sectlon also proVldea that any penlQD, me1uchng the City of Santa Mon-
IC&, may enforee the prDVlSlOIllJ of t1u8 chapter- ty fiImg a ClvU actlon, and provides
that a vlOlatlOn of thia Chapter may be asserted llII an affirmatIVe defense In an
unlawful detamer IICtlon ThIS Section also provides that '8n lI~unctlve actlOn may be
brought by any aggrIeved pet'lJOn, the Clty Attorney, or penon reprelltlntmg the mter-
est of the protected ~ .lI6t any person who com1ll1tS can aet, proposes to comnut
an act, or engages In any pattern or practIce whIch VlOtatates SectJ.on 4 56 020 ThIS
SectJon proVIde that any person who VIolates or IUds or llIC1tes IIlWther person to VIO-
late the proVlSIDII6 of tlllS Chapter IS hsble for each and every such olTense for the
actual damages suffered, attorney's fees, and court-awarded pumtIve d&magel!
Ordmance Number 1817 iceS) Wl\S adopted on October 10, 1995, and shall become
I effectl.ve 30 days from Its adoptIon
1, Marla M Stewart, City Clerk, do hereby eeIt1fy that Ordmance Number 1817
reeS) had Its first reading on September 26. 1995, and had IUl second reading on
October 10, 1995. and was passed by the followmg vote
Ayes Omncll members Abdo, Genser, O'Connor, Rosenstem
Noes Council members None
Abstain Councd membel'5 Ebner, Greenberg, Holbrook
Absent CounCll members None
IS/MARlA M STEWART
CIty Clerk
The full text of the above Orchnance IS ava1lable upon request from the Office of the
Clt" Clerk, located at 1685 MaID Street, Room 102, Santa MOnies phone (310)