O1965 (2)
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City Council Meeting 3-7-00
Santa Monica, Cahfornla
ORDINANCE NUMBER 1965 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 428030 AND 440.040 TO ESTABLISH
EVICTION PROTECTIONS FOR CHILDREN OF
DOMESTIC PARTNERS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Santa MOnica Municipal Code Section 4 28 030 IS hereby amended
to read as follows:
Section 4.28.030. Prohibited activities.
It shall be unlawful for any person offering for rent or lease, renting,
leasing, or listing any housing accommodation, or any authonzed agent or
employee of such person, to do or attempt to do any of the follOWing'
(a) Refuse to rent or lease a housing accommodation, or access to
or use of the common areas and faCIlities of the housing accommodation,
serve a notice of termination of tenancy, commence an unlawful detainer
action, or otherwise deny to or Withhold from, any person or persons, a
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housing accommodation on the basis of age, parenthood, pregnancy, orthe
potentIal or actual occupancy of a mmor child
(b) Represent to any person, on the basIs of age, parenthood,
pregnancy, or the potential or actual occupancy of the mmor child that a
housing accommodatIon IS not available for inspection or rental when such
housing accommodation IS In fact available for inspection or rental.
(c) Make, prmt, or publish, or cause to be made, printed, or published
any notice, statement, sign, advertisement, application, or contract with
regard to a hOUSing accommodation offered by that person that Indicates any
preference, lImitation, or discrimination with respect to age, parenthood,
pregnancy, or the potential or actual occupancy of a minor Child,
(d) Include In any rental agreement or lease for a hOUSing
accommodation a clause providing that as a condition of continued
occupancy, the tenants shall remain childless or shall not bear children or
otherwise not maintam a household with a person or persons of a certain
age
(e) 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 out of an increase In the number of
occupants due to the marriage of the tenant, proVided that the occupancy of
the spouse and children of the spouse is otherwise lawful
(f) Threaten to commence or commences eViction proceedings
against any tenant head of household on the grounds that he or she has,2
violated the provisions of a rental agreement where the violation consists of
an Increase In the number of occupants arising out ofthe birth, adoption, or
change of legal custody of a minor child of whom the tenant head of
household or hiS or her spouse IS the parent or legal guardian, and provided
that the occupancy of said minor child IS otherwise lawful
SECTION 2 Santa Monica MUniCipal Code Section 4 40 040 IS hereby amended
to read as follows
Section 4.40.040. Housing and other real estate transactions.
(a) Unlawful real estate practices.
(1) Transactions Generally. It shall be an unlawful real
estate practice for any person to Interrupt, terminate, or fall or refuse to
Initiate or conduct any transaction In real property, Includmg but not limited
to rental transactions, on the baSIS, In whole or In part, of an Individual's
sexual onentatlon 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 mterest 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
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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 refuse to provide title or other Insurance relating to the
ownership or use of any mterest In real property on the basIs, In whole or In
part, of any mdlvldual's sexual onentatlon
(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 onentation
(4) Eviction Proceedings. It shall be an unlawful real estate
practice to threaten to commence or commence eViction proceedmgs 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 m MUniCipal Code SectIon
4.60 020(d)) of the tenant, provided that the occupancy by the tenant's
domestic partner and children of the domestic partner IS otherwise lawful.
A violation of thiS subsection may be asserted as an affirmatIve defense In
an unlawful detainer action.
(S) Advertising. It shall be an unlawful real estate practIce for
any person to make, pnnt, 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
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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 onentatlon 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 mdependently provided JUstification forthe 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 construed to apply to the rental or leaSing of any housmg
unit In which the owneror lessor or any memberofhis or her family occupies
one of the liVing umts 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) dwellmg units
(2) Effect on Other Laws. Nothing In this Chapter shall be
deemed to permit any rental or occupancy of any dwelling umt 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.
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(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 certified
copy of the AffidaVit of Domestic Partnership pnorto the filing of the unlawful
detainer complaint
SECTION 3. 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 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 ofthls Ordmance 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
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SECTION 5 The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordmance. 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
II? ttiUiu;] 1 ^'~
MARsHA (9)NES MOlj:rRI E
City Attorney
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Adopted and approved tlus 8th day of March, 2000
^^otOl/;;;:>~
Ke~ Ge~s~r, \ Mayor
State of Cahforrua )
County of Los Angeles ) ss
CItV of Santa Maruca )
I. Mana M Stewart. CIty Clerk of the CIty of Santa Maruca. do hereby certIfy that the
foregomg Ordmance No. 1965 (CCS) had Its mtroductlon on February 22, 2000, and adoptIon
at the CIty CouncIl meetmg held on March 7, 2000. by the followmg vote
Ayes Councd members
Bloom, Femstem. McKeown. Rosenstem. Holbrook. Mayor
Pro Tern O'Connor, Mayor Genser
Noes CouncIl members
None
Abstam CouncIl members
None
Absent CouncIl members
None
ATTEST
c.. ~ ~ Jlf).~.J-
Mana M Stewart, CIty (:lerk