O2239MunicipalLaw\ConsumerProtection\Tenant harassment\Action\TH ord final 102307.doc
City Council Meeting 10-23-07 Santa Monica, California
ORDINANCE NUMBER 2239 (ccs)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
4.56.020(1)(1) RELATING TO TENANT HARASSMENT
WHEREAS, the California Supreme Court recently held that Municipal Code
Section 4.56.020(1)(1) is partly invalid due to preemption by Civil Code Section 47(b),
also known as the litigation privilege (Action Apartment Assn. v. City of Santa Monica,
Case No. S129448); and
WHEREAS, in prior decisions, the court has held that the litigation privilege does
not protect wrongful litigation when three prerequisites are met: favorable termination of
the prior action, lack of probable cause, and malice; and
WHEREAS, Section 4.56.020(1)(1) requires lack of probable cause and malice,
but does not require favorable termination for the tenant of the prior action;
WHEREAS, the court in the Action decision specifically noted the lack of a
favorable termination requirement in holding that portion of section 4.56.020(1)(1)
invalid;
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WHEREAS, the full protections of section 4.56.020(1)(1) are critical to help
protect against malicious and groundless eviction actions by landlords .against tenant in
controlled rental units; and
WHEREAS, the City has a strong interest in preserving stability in the local
housing market and in preserving affordable rental housing units,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.56.020 is hereby amended
to read as follows:
Section 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 malice:
(a) Interrupt, terminate or fail to provide housing
services required by contract or by State, County or local
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;
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(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;
(f) Influence or attempt to influence a tenant to
vacate a rental housing unit through fraud, intimidation or
coercion;
(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, age,
parenthood, marriage, pregnancy, disability, AIDS or
occupancy by a minor child;
(i) (1) 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
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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. No landlord
shall be liable under this subsection (i)(1) for bringing an
action to recover possession unless and until the tenant has
obtained a favorable termination of that action.
(2) 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 tenants right to quiet use and
enjoyment of a rental housing unit as that right is defined by
California law;
(k) Refuse to acknowledge receipt of a tenant's
lawful rent payment;
(I) Interfere with a tenant's right to privacy.
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.
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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 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
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
M!~ SHA J~ S MOOT IE
Ci ttorn y
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Approved and adopted this 9th day of October, 2007.
Richard Bloom, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2239 (CCS) had its introduction on September 25, 2007, and
was adopted at the Santa Monica City Council meeting held on October 10, 2007, by
the following vote:
Ayes: Council members: Genser, Holbrook, McKeown
Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Connor, Shriver
Mayor Pro Tem Katz
ATTEST:
+®.-~
Maria M. Stewart, City Clerk