SR-8-A (143)
OR.O."I"~ 8 A
MAY 2 5 1999
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City CouncIl Meeting 5-25-99
Santa MonIca, California
TO Mayor and City CounCIl
FROM CIty Attorney
SUBJECT An Ordmance of The City CounCil of The City of Santa Monica Amending
Santa Montca Municipal Code Sections 456010, 456020 and 4 56 040
Relating to Tenant Harassment and Declaring the Presence of an
Emergency
I ntrod uCtlo n
At Its meetmg of Apnl 27,1999, In response to public comment, the City CounCil directed
staff to evaluate whether the ordinance prohlbltmg harassment of tenants should be
strengthened to ensure adequate protections for tenants, and to propose any amendments
which staff deemed advisable The accompanYing ordinance responds to that direction,
and staff recommends that It be adopted
DISCUSSion
Santa Montca adopted Its ordinance prohlbltmg harassment of tenants In 1995 In each
year since the ordinance was adopted, the number of formal complaints of harassment
filed With the City Attorney's office has Increased
Recently, members of the publiC appeared before the CIty CounCil and urged that the
protections presently afforded by the ordinance are Inadequate. In response, CounCil
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MAY 2 5 1999
SA
community which combines entertainment opportunities with small town warmth and .
charm.
(y) The City must address the very difficult question of how to balance these
competing demands and fulfill Its legal responsibility to provide affordable housing in new
ways. The method which worked for twenty years has been eViscerated by State action.
Time IS needed to expeditiously evaluate the new option for rehabilitation supplied by state
taw.
(z) For the reasons detailed, the continuing development of multi-family hOUSing In
the City's residential zones prior to the comprehensive review of the City's housing and
land use policies and regutations presents a current and immediate threat to the public
peace, health, safety, and welfare. If urgent action is not taken, Irreversible development
activity will continue unabated, thereby committing scarce land resources to development
that is not in the best interests of the residents of the City. The approval of additional
multi-family housing development in the City's multi-family housing districts, with limited
exception, pending the City"s review of its hOUSing and land use poUci~s and regulations
would result in a threat to the public hearth, safety, and werfare.
SECTION 2. MoratOrium. Subject to the exemptions set forth in Section 3 of this
Ordinance, a moratonum is hereby placed on the acceptance for processing of any
applicatIOns for approval of tentative tract maps, tentative parcel maps, admimstrative
approvals, development review permits, and conditional use permits, for any residential
building or structure, including any hotel or motel, on properties located in multi-family
reSidential districts in the City. For purposes of this Ordinance, the multi-family residential
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.
.
actIon to termmate a tenancy based upon facts whIch the landlord has no reasonable
cause to beheve to be true.
AddItIonally, the proposed ordInance would further clarify eXisting law by specifying that the
standards of proof for harassment cases are those already established by law That IS, m
CIVIl actIons harassment must be proven bya preponderance of the eVidence, and pUnitIve
damages must be proven by clear and convincing eVidence
Finally, the proposed ordinance would clarify the definrtlon of malice to Include an Intent
to harass ThIs change IS consistent wIth state law
Certain other changes have been suggested but are not recommended by staff For the
CouncIl's Information, these suggestlons Include adding the follOWing to the definition of
harassment maliCiously refUSing to provide a copy of a rental agreement upon request,
and maliCiously enforCing a term of the tenancy which has been waived by past practice
(such as a provISion prohibiting pets) Staff believes that adding either of these
prohibitions might increase the likelihood ofthe harassment ordinance being successfully
challenged, and that the eXisting law already can be used to prosecute these types of
violations In appropriate cases Additionally, It was suggested that the ordinance be
amended to Include a presumptlon that actions occurnng wlthm a certam penod after the
tenant makes a complamt, constitute harassment Staff adVises against thiS change
because It might be Viewed by the courts as an unfair or ImpermisSible attempt to change
the burden of proof In a crlmmal case
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In addItIon to the suggestions for amendmg the ordinance, staff recommends that two
actions be taken to make the ordinance more effectIve FIrst, the public should be
educated about the reqUIrements of the law and Its protections and penaltIes This would
Include diSSemination of summanes of the law and examples of violatIons, and public
forums to explain the law to landlords and tenants alIke
Second. staff suggests that efforts be undertaken to train private attorneys to bring
harassment cases so that ciVil enforcement of the ord1Oance Will be expanded This
suggestion IS based In part on the assumption that criminal prosecutIon IS most appropriate
10 those cases which are most egregious
Budget and F10anclallmpact
Expanding the scope of the harassment ordmance does not, 10 Itself, have any budgetary
or financial Impact upon the City
Recommendation
It IS respectfully recommended that the accompanymg emergency ordmance be adopted
PREPARED BY
Marsha Jones Moutne, City Attorney
Adam Radlnsky, Consumer Protection Attorney
Claudia Thompson, Legal Admin Staff ASSistant
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8A
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City Council Meeting 5-25-99
Santa MOnica. California
ORDINANCE NUMBER 1943
(City CounCil Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 456010,456020 AND 4 56 040 RELATING TO TENANT
HARASSMENT AND DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, the State-mandated vacancy decontrol for apartments In the City
became effective January 1, 1999, and
WHEREAS, the number of tenant complaints to the City of harassment by
apartment owners has Increased substantIally In each of the past three fiscal years and the
number of reports of senous violatIons has rncreased In recent months, and
WHEREAS, based on the content of harassment complaints and staffs experience
In investigating and prosecuting those complaints, the eXisting Tenant Harassment
Ordinance IS inSUffiCient In certain areas to protect tenants against unlawful conduct by
owners Intended to cause them to vacate,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS
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SECTION 1. Santa MOnica MUnicIpal Code Section 4.56.010 IS amended to read
as follows'
Section 4.56.010. Definitions.
(a) Fraud Intentional misrepresentatIon, 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, refngeratlon, elevator service,
Window shades and screens, storage, kitchen, bath and laundry facilities and
pnvileges, Janrtor services, refuse removal, furnishings, telephone, parking,
effective waterproofing and weather protection, painting, and any other
benefit, priVilege or faCIlity that has been prOVIded by the landlord to the
tenant With use or occupancy of any rental housing unIt Services to a rental
housmg unIt shall Include a proportionate part of services proVided to
common facilities of the bUIlding In which the rental housmg 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 mtent to vex, annoy, harass or Injure another person
(e) Rental Housing Agreement An agreement, oral or wntten or
Implied, between a landlord and tenant for use or occupancy of a rental
housing Unit and for housing services
(f) Rental Housing Umt A housmg Unit In the City that constitutes a
controlled rental umt pursuant to City Charter Section 1800 et seq including
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a room In a single-family home, hotel or motel, roommghouse 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 umt
SECTION 2 Santa MOnica MUnicipal Code Section 4.56.020 IS 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 ()f terminate or fall to provide housing services required
by contract or by State, county or local hOUSing, health or safety laws,
(b) Fall to perform repairs and maintenance required by contract orby
State, county or local hOUSing, health or safety laws,
(c) Fall 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,
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(f) Seek to entice or entice 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 onentatlon, ethnic background, nationality,
religion, age, parenthood, marnage, pregnancy, disability, AIDS or
occupancy by a mmor Child,
(I) (1) Take action to temunate any tenancy Including service of any
notice to qUit or other eVIction notice or bnng any action to recover
possession of a rental housmg unIt based upon facts which the landlord has
no reasonable cause to beheve to be true or upon a legal theory which IS
untenable under the facts known to the landlord
(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 unrt,
0) Interfere with a tenant's rrght to qUiet use and enjoyment of a rental
housmg umt as that nght IS defined by California law;
(k) Refuse to acknowledge receIpt of a tenant's lawful rent payment
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SECTION 3 Santa MOnica MUnicipal Code Section 4 56.040 IS amended to read
as follows
Section 4.56.040 Enforcement and penalties.
(a) Criminal Penalty. Any person who IS convicted of vlolatmg 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, may enforce the
proVIsions of thiS Chapter by means of a cIvIl action. The burden of proof In
such cases shall be preponderance of the eVidence 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 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, whichever IS greater,
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and shall be liable for 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. The burden of proof
for purposes of punitive damages shall be clear and convincing eVidence
(e) Nonexclusive Remedies and Penalties The remedies provided In
thiS Chapter are not exclusIve, and nothing In thiS Chapter shall preclude any
person rom seekmg any other remedIes, penalties or procedures provided
bylaw
SECTION 4 ThiS Ordinance is declared to be an emergency measure adopted
pursuant to the provIsions of Section 615 of the Santa Monrca City Charter and IS
necessary for preservmg the public peace, health, safety and welfare.
SECTION 5 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 6 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
Ordmance and each and every section, subsection, sentence, clause, or phrase not
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declared mvalld or unconstitutional without regard to whether any portIon of the ordmance
would be subsequently declared invalid or unconstitutional
SECTION 7 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
n!~ r) h~ A .
{' 1ft..1 Lr.l"i1f l/Ai I JtAt~
MARSHA J019ES MOUTRJE
City Attorney
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Adopted and approved th1s 25m day of May. 1999
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pL O'Connor, Mayor
State of Cahforma )
County of Los Angeles ) ss
CIty of Santa MOllIca )
L Mana M Stewart. CIty Clerk of the City of Santa MOllica. do hereby certIfy that the
foregomg OrdInance No 1943 (CCS) had Its mtroductIOn and adoptlOn on May 25. 1999.
by the followmg vote
Ayes
CouncIl members McKeown, Femstem, Bloom,
Holbrook. Rosenstem. Mayor Pro Tern Genser.
Mayor O"Connor
Noes'
None
Abstam
None
Absent
None
- ~~. ~
Mana M Stewart, CIty C~