O1822
e
e
f:\atty\muni\laws\barry\dompar2.xx
City Council Meeting 10-17-95
Santa Monica, California
ORDINANCE NUMBER 1822 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.40.020 AND
4.40.040 TO DELETE PROCEDURAL PROVISIONS RELATING TO DOMESTIC
PARTNERSHIP; TO CLARIFY THAT CHAPTER 4.40 DOES NOT ESTABLISH
LANDLORD-TENANT RELATIONSHIPS, TO ADD A PROVISION REGARDING
LANDLORD NOTIFICATION, AND TO AMEND THE
PROVISION ON SUBTERFUGE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
section 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) Business Establishment. 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
1
e
e
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.
(b) Individual. The same as the term
"person. II 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.
(c) Person. Any person as defined in
Municipal Code Section 1.12.150.
(d) Sexual Orientation. Actual or
supposed homosexuality, heterosexuality, or
bisexuality, by preference or practice,
including, but not limited to, an orientation
that may be imputed on the basis of
mannerisms, physical characteristics or manner
of dress.
SECTION 2. section 4.40.040 of the Santa Monica Municipal
Code is amended to read as follows:
4.40.040. Housing and other real
estate transactions
(a) Unlawful Real Estate Practices:
2
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 (as defined in
Municipal Code section 4.60.020(d)). 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
3
e
e
maintenance of real property, to impose
different condi tions on such financing, to
refuse to provide ti tle 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 (as defined in Municipal Code
section 4.60.020(d)) 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.
4
e
e
(5) Advertising. It shall be an
unlawful real estate practice for any person
to make, print, publish, advertise or
disseminate in 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) Subterfuge. If the sexual orientation
of an individual was a motivating factor in
the decision to undertake or perform one of
the actions specified in subsection (a) of
this Section, it shall not be a defense that:
(1) other legitimate and lawful factors also
motivated the decision unless these factors
would have independently provided
justification for the decision or (2) other
factors were asserted as the basis for the
decision if these factors were simply a
pretext for the decision.
(c) Exceptions.
(1) owner occupied and Small
Dwellings. Nothing in this Chapter shall be
5
e
e
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
common with the prospective tenant; or (b) the
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
or to establish a landlord-tenant relationship
between a landlord and a domestic partner that
does not otherwise exist by law or contract.
(d) Domestic Partnership Eviction
protections. In order to assert the eviction
protections established by this Chapter as an
affirmative defense in an unlawful detainer
proceeding, a domestic partner must have filed
an Affidavit of Domestic Partnership with the
city Clerk in accordance with Municipal Code
Chapter 4.60 prior to having been served a
three day notice to perform or quit and must
have provided his or her landlord with a
6
e
e
certified copy of the Affidavit of Domestic
Partnership prior to the filing of the
unlawful detainer complaint.
SECTION 3. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent wi th 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 4. 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.
7
e
e
SECTION 5.
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:
f)ttU4.LJh(M..~ ~~
MARSHA JONEp MOUTRIE .
City AttorKey
8
e
e
dJ~
Mayor
State of Cahforrua )
County of Los Angeles) ss
City of Santa Moruca )
I, Mana M Stewart, City Clerk of the City of Santa MOnIca, do hereby certify that the foregoing
Ordmance No 1822 (CCS) had itS first readmg on October 10. 1995 and had ItS second readmg
on October 17. 1995 and was passed by the followmg vote
Ayes
Council members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
Councll members
None
Abstam
Counctl members
None
Absent
Counctl members
None
ATTEST
~~
City Clerk
PROOF Of PUBLICAtON
(2015.5 C.C.P.)
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-entltled matter. I
am the principal clerk of the printer of the
......a..........,.~..*......~.........._.*.........
THE OUTLOOK
....................................................
a newspaper of general circulation, printed
and published .J).~.n.x.~-K~t:.~.~~tn~AX.
in the City of .a.MT.TI\..MQ"J~^.... ........
County of Los Angeles, and which
newspaper has been adludged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date ofJ~!'!.. .~~ 19 .~!.,
Case Number ..~l~.~J~.....; 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 28
........................,...-.......................
all In the year 19.. ~.~.
I certify (or declare) under penalty of
pequry that the foregoing is true and
corred.
Dated a1... ~~l:l.T~. ~'!?Al.I~~.................
n. · thi.... ~1J;~.. ...:~.~~...
.," "..., " .... "... ..... ..., 2i: ,....
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
L~a' Adverfislng Clearing House ,
POBox 31
Los Angeles CA 90053 Telephone 625-2541'
PIe... rique" G1NERAl. PrllOt at P1.lbht.tlon
wilen arderlng ''''I fGrlll
This space is for the caul Clerk's Filing Stamp
Proof of Pub I ication of
.................I......,...~..........,..................
. . . . .. . ~ t_t.J 1-' ~ . . ,. ,.. . . .. 1-. . ... ... . . .. . . .. ... . .. . . ..... . ..... ..._
8010.185
City of 8m", Momca
Ordmance Number 1822 (CCS)
(City Qlunerl Se,*)
AN ORDINANCE OF THE CITY COtrNCQ.. OF 'J:tu!i CITY
OF SANTA MONICA AM&NOlNG 1tAN'l'A MONICA
MUNICIPAL CODE 8BcnON 4.40.010 Arm YD_ TO
DELETE PRQCEDtJJt.u. PROVI$loNSItEIA'TING ro
DOMESTIC PARTNERSHJP; TO CIA1UPY THAT CIl'A)-~
UO DOES NOT BBTABLlSB LAlQ)J.OlU)..ftKtiNI"
RELATION/!ItW-, TO /&PD A PKOVI8ION REoAliDINCf
LANDLORD NOTIFICATION. AND TO AMEND THE '
- PROVISION ON 8VBTERFCGE
The following lS a summary of Ordmaru:e Number 1&22 (eCS) prepared by the
Office of the City Attorney
Ordmance Number 1822 ceCS) (the MOnhnance") 8D1ende MumClpal Code SecuOIl8
4. .(0 020 and 4 4Q 040 &chon 4.40 020, MDeflnitlonll,- 1\u been emenW to dekte
thoee defimtiona rele.tmg to dom8s~c partnerships 8UUle the domeIt1c ~p pro-
1/18!Qns Bl"B now contaIned in a leparate Chapter of the MUl11eipal Code Sectwn
.4.4ail40, "Ho\Ullng and Other Real &tat& Tr/lnBactionI," hu beIiq ~ in the
Mlowmg Way8
.0,,,(1) Suhlect10n (b), "Si1bterfuge,~ has been amended to prowie that If the sexual
onentatlon of an mdlV1dulll W8lI a mDt1vatmg factor 10 the declllon to undertlllte or
~orm one of the actlons prolub1ted by tlus Ordmance, It will not be a defenae that
.n[gther 16Jibmate and lawful factort..ao moU"llted the Ilwl~n u.n1eu these fllCOOn
would have U1dependentiy proV1d1ld Ju8t!ficat10n few the cIec:laion or on otller legibmate
factOrs were stated 811 the bll518 for the action If these factors wen! amply a pretext
for the deewon
(2) Subsection (c)(2), MEtred on Other Laws," hll8 been amended to proVide that tlus
Ordnance does not estabhsh a landlord-tenant relationslup between a landlord and a
domestlc partner that does not otherw1ee eJCllt by law or contract
(3) Old subsectlon (d), "Records of Domestic PartnersJup anct Filing Fees,n has been
deleted in lts entirety smce theee proVllllOns are now oontalnlld In a 8epal'Bte Chapter
m the MUDlClplll Code
(4) A new Subsection (d), "Domestlo Pntnersh1P BVlctwn Protectwns, n has been
added to t.lua Sectlon which ~ that in ortleT to .-rt the eVlCb<m protectlIlns
establuihed by thIS Chapter IlII an affirmatlve defense In an unlawful detaIner llCtlon, a
domestiC ps.rtner must have filed an AffidaVlt of Dornestlc Partner&lup Wlth the CIty
Clerk In accordance Wlth MUnlClpal Code Chapter 4 60 prior to to havmg been served
Il three day notlt:e to perform or quIt The do'meatu: partner ll1io mUBt have provtded
Ius or her landlord With a certified copy of the AffidaVIt of Domest1e Partnenlup pnor
to the tilmg of the unlawful detalner oompiaJnt
Ordmance Number 1822 (ecS) was sdopted Dn October 17, 1995, and I!hall become
e!liective 30 days from Its adoption.
I. Mana M Stewart, CIty l:nerk, do hereby <<mfy that OrdInance Number 1822
(CQS) had it. flrllt readmg on October 10, 1995, and had Its second readIng on Octo-
bet 17, 1995, tmd W8ll passed by the followmg vote
Ayes CounCli membel1l Abdo, Ebner, Genser, Greenberg, Holbrook,
O'Connor, RosensteUl.
Noes. Qluncd memben None
AbBU.m Council membel'll None
Absent CounCli members None
".
IS/MARlA M STEWART
CIty Clerk
The full text of the above Ordinance 18 aV81lable upon ~u~ from the oft"u:e of the
Clty Clerk, located at 1685 Mllln Street, Room 102, Santa Momea phone (310)
458-8211
Pub October 28, 1995