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O1859 e e f:\atty\muni\laws\barry\tenant.ord City Council Meeting 7-30-96 Santa Monica, California ORDINANCE NUMBER 1859 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 4.56 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO TENANT HARASSMENT AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1: Findings and Purpose. The city Council finds and declares: (a) At its meeting of July 23, 1996, the city Council heard testimony from numerous City residents regarding instances of tenant harassment occurring in the City. These residents testified that instances of tenant harassment have been increasing in the City since the passage of AB 1164 -- the statewide vacancy decontrol measure. They also testified that acts of harassment threaten tenants' well-being, their quiet enjoyment of their units, and the stability of the community. Additionally, they expressed concern that tenant harassment would continue to increase in magnitude. (b) statistical information supplied by the Rent Control Board staff shows that since the passage of AB 1164, controlled rental units are being vacated at SUbstantially higher rates. 1 e e (c) Individual reports of tenant harassment and statistical information on vacancy rates tend to show that the existing Tenant Harassment Ordinance, Santa Monica Municipal Code Section 4.56.010 et seq., does not offer an adequate mechanism to address and prevent acts of tenant harassment. (d) It is therefore necessary to amend the existing ordinance to modify those provisions of the ordinance which inhibit effective enforcement and to broaden the scope of the ordinance's prohibitions. For the reasons set forth above, there exists a current and immediate threat to the public health, safety, peace, or welfare. SECTION 2. Chapter 4.56 of the Santa Monica Municipal Code is amended to read as follows: 4.56.010 Definitions. The following words or phrases as used in this Chapter shall have the following meanings: (a) Fraud. Intentional misrepresentation, deceit or concealment of a material fact. (b) Housinq Service. Housing services include, but are not limited to, hot and cold water, heat, electrici ty, 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 protection, painting, and any 2 e e other benefit, privilege or facility that has been provided by the landlord to the tenant wi th 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, 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) Malice. An intent to vex, annoy, or injure another person. (e) Rental Housing Agreement. 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. (f) 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. (g) 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. 3 e e 4.56.020 prohi~ition. 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 malice: (a) Interrupt or terminate required by contract or by state, housing, health or safety laws. (b) Fail to perform repairs and maintenance required by contract or by state, county, or local housing, health or safety laws. (c) Fail to exercise due diligence in completing repairs and maintenance once undertaken. (d) Abuse the landlord's right of access into a rental housing unit as that right is specified in California civil Code Section 1954. (e) Abuse the tenant with words which are offensive and inherently likely to provoke an immediate violent reaction. housing county, services or local (f) Seek to entice or entice a tenant to vacate a rental housing unit through fraud. (g) Threaten the tenant, by word or gesture, with physical harm. (h) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, 4 e e age, parenthood, marriage, pregnancy, disability, AIDS, or occupancy by a minor child. (i) 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. (j) Interfere with a tenant's right to quiet use and enjoYment of a rental housing unit as that right is defined by California law. 4.56.030 Lawful evictions. Nothing in this Section shall be construed as to prevent the lawful eviction of a tenant by appropriate legal means nor shall anything in this Section apply to occupancies defined by sUbdivision (b) of Civil Code section 1940. 5 e e 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 inunction 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 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 or for statutory damages in the sum of Five Hundred Dollars and Zero Cents ($500.00), whichever is greater, and shall be 6 e e liable for such attorney I s fees and costs as may be determined by the court in addition thereto. The court may also award puni ti ve damages in a proper case as defined by civil Code Section 3294. (e) Nonexclusive Remedies and penalties. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies , penalties or procedures provided by law. SECTION 3. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 615 of the Santa Monica city Charter. It is necessary for preserving the public health, safety, peace, or welfare, and the need for its adoption is set forth in the Findings and Purpose Section above. 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. 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 7 e e 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 upon its adoption. APPROVED AS TO FORM: ~~ MARSHA J~S MOUTRIE City Attorney 8 e e /J Mayor State ofCabfoffim ) County of Los Angeles) 5S CIty of Santa Maruca ) I, Mana M Stewart, CIty Clerk of the CIty of Santa Moruca, do hereby certIfy that the foregomg OrdInance No 1859 (CCS) had Its first readIng on July 3D. 1996. and had Its second readmg on July 30. 1996 and was passed by the follOWIng vote Ayes CouncIl members Abdo. Ebner, Genser, Greenberg. Holbrook, O'Connor. RosensteIn Noes CouncIl members None Abstam Councll members None Absent CounCIl members None ATTEST '-- - .. "-.u CIty Clerk ~ I, . PROOF O' PUBLIA110N (2015.S C.C. PJ 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 ,.................I..........~...................... THE OUTLOOK ...................~.........I...................... a newspaper of general circulation. printed and published .Q.~.I.\-X. fc;~9.f.:.IT .~J!1f.QAX. in the City of .~:rA."9HJ~^............ 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 of.l~~...~~ 19 .~~., Case Number .. ;n~.: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 supp'ement 'thereof on the following dates, to-Wit: AUG 10 ......................... ..........,............... all in the year 19.. 9.~. I certify (or declare) under penalty of perjury that the foregoing is true and correct. SANTA lliONICA "141 ........ .., ............ ....~, .... ......... 1920 Colorado Ave. Santa Monica, California 90404 (310) 829-6811 1\_1.... LOS lL.....ao.a-a vr'f ANGELES .~ This space \s for the .ntv Clerk's Filing Stamp Proof of Publication of ...............~..f........................~.......a.......... EO 8-82 City of Santa MODica Ordinance NQmbet' 1859 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAI"'1'1!;j( .. 58 OF THE SANTA MONiCA MUNICI- PAL CODE RELATING TO TENANT HARASSMENT AND DECLARING THE PRESENCE OF AN EMER- GENCY The followmg IS a summary of Ordi- nance Number 1859 (CeS) prepared by thl: Office of the City Attorney Ordinance Number 1859 (Ces) 1& an emergency ordinance which amends Chap- ter 4 56 of the Santa Momca MuniCipal Code relatmg to tenant h8r8l!Slnent The Ordmance adds a defimtlon of "malice" tc Section 456010, to read 8S follows "all Intent to vex, annoy, or illJure another person H The Ordinance alj;O amends Sec- tIOn 4 56 020 to proVide that landlords are , prohibited from domg certam acts With , mahce Two such acts have been added to ; the hst of prohibited lICtlons by the Onl1- I nance The first prolublts landlords from vlOlatmg any law wluch prohIbits dl&Cl'l1ll- : matwn baaed on race, gender, lleltual pref- erence. seltual orientation. ethnfc back- ground, nattDnahty, rehglOn, age, parenthood, marnage, 'pregnancy, dls!lbll. Ity, AIDS, or occupancy by a minor child The second prohilnts landlords from mter- fenng With a tenant's nght to qUiet Ul!e and enjoyment of a rental h~u8mg urnt 8lI that nght 1& defined by Cahformalaw In additIOn, the Ordmance epl!C1fically adds county laws to the hst of hoUIllng, health and safety laws With which a landlord must comply when he OJ' she mterrupts or termmates hOUSing services Qr when rep9.1rs and mS.lIltenance are performed The Ordmance WIHI amends SectIOn 4 56 040 to provide for statutory damllge8 In the event of a violauon of thIS Chap- ter The statutory llatnage& a{'e estab- hshed 1Il the amount of $500 00 to be awarded shlluld the actual damages suf- fered by a ten~t be lesl than that amount Ordmance l'umber 1859 ICCSl was adopted on July 30, 1996, and shall become clI'ect!ve lmmedtately I, Marla M Stewart, City Clerk, do heretly <<rtlfy that Ordinance Number 1859 lecs) Md Its .fil':$t IIIl,ll;fmal readmg on July 30. 1996, and was. p~ by the folloWIng vote - Ayes Counell members Abdo, Ebner, GenBer, Greenberg, Holbrook, O'Connor, Roaenstem Noes Counc1I members Abstam Councll member~ Absent CaunCl! members. {Sf MARlA M STEWART City Clerk The full text of the aOOYe On:hnance is aVlJIlable upon requeljt ~m the office of the Cll;}' Clerk, locil'wl. ai. -1685 J.lain Street, Room 102,. Banta' M.onica. Phone (3101 458-8211 Pub AUj!\Jllt 10, 1996 ) . - . PROOF OF PUBLlCI.ON (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-entitled matter I am the principal clerk of the printer of the THE OUTLOOK .............................................,.............................................. ... a newspaper of general circulation. printed and published .~"'.I.liX.~~~f:.~.~J.l~J?A.X. in the City of .~M.T^."'9NJk^.......,.... 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~!"!~.~~ 19 .~~., Case Number ..;U~.~l~.....; that the notice. of which the annexed is a printed copy (set in type not smaller than nonparei!), has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates. to-wit: AUG 10 ...,..~................................................. all in the year 19.. ~R. I certify (or declare) under penalty of perjury that the foregoing IS true and correct. SANTA ~10NICA ..... ...... 110.. ...... ,.............. ill..... II "'. II .... 1920 Colorado Ave. Santa Monica, Callforma 90404 (310) 829-6811 ep., ~~tES ~ . This space Is for the Cotty Clerk's Filing Stamp Proof of Publication of .......................................................... EO 8-82 City of Santa MODIca Ordinance Number 1859 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 466 OF THE SANTA MONICA MUNICI. PAL CODE RELATING TO TENANT HARASSMENT AND DECLARING THE PRESENCE OF AN EMER. GENCY The followmg IS a summary of Onh. nance Number 1859 (CCS) prepared by the Office of the City Attorney Ordmance Number 1859 (CCSl IS an emergency ordmance which amends Chap- ter 4 56 of the Santa MOnica Muntclpal Code relating to tenant harassment. The Ordmance adds a defimtlOn of "mahce" k SectLOn 4 56 010, to read as follows "an mtent to vex, annoy, or IllJuxe another person n The Ordmance also amends Sec. tlon 4 56 020 to proVlde that landlords are prohibited from domg certam acts WIth mabce Two such acts have been added to ! the hst of prohibited actions by the Ordl. nance The first prohibits landlords from vlolatmg any law whIch prohibits dlllCl'lm- matlOn baaed on race, gender, sexual pref. erence, sexual onentatlon, ethntc back. ground, nabonahty, religion, age, parenthood, marnage, 'pregnancy, dlsabll- Ity, AIDS, or occupancy by a mmor cluld The second prohlblt8 landlords from Inter- ferml{ With a tenant's right to qUiet use and enjoyment of a rental hOUSing Unit l\$ - that right IS defined by California law In addItion, the Ordmance speCifically adds county !aWl! to the hst of housmg, health and safety laws With whIch a landlord must comply when he or she mterrupts or termmates housmg servlce~ or when repairs and m8lntenance are performed The Ordmance also amends Section 4 56 040 to provide for statutory damages m the event of a VlolatlOn of thIS Cha~ tel' The statutory damages are estab. lIshed m the amount of $500 00 to be awarded should the actual damages suf- fered by a tenant be less than that amount Ordmance Number 1859 (CCS) was adopted on July 30, 1996, and shall become effective Immedlatelv I, Marla M Stewart, C~ty Clerk, do hereby .certify that Ordmance Numb~r 1859 (CCS) had IU first and final readmg on July 30, 1996, and was passed by the followmg vote Ayes <AJunClI members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes Councd members Abstain Councll members Absent CounCil members is! MARIA M STEWART Cltv Clerk The full text of the above Ordmance IS available upon request from the office of the City Clerk, located at 1685 MaID Street, Room 102. Santa MOnica Phone (3101 458.8211 Pub AultUst 10, 1996