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SR-8-A (143) OR.O."I"~ 8 A MAY 2 5 1999 f \atty\mum\strpts\mJm\harasmt sr 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 1 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 9 . . 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 3 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 4 8A f \atty\munl\laws\mjm\harasmt 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 1 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 2 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, 3 (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 4 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, 5 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 6 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 7 Adopted and approved th1s 25m day of May. 1999 ~-t-1,~ (.,{'2;/1 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~