SR-6-D (129)
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CA:f:atty\muni\strpts\bar\dompar2.xx
city Council Meeting 10-17-95 Santa Monica, California
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: An Ordinance of the City Council of the City of Santa
Monica Amending Santa Monica Municipal Code Sections
4.40.020 and 4.40.040 to Delete Procedural provisions
Relating to Domestic Partnership; to Clarify that Chapter
4.40 Does Not Establish Landlord-Tenant Relationships, to
Add a provision Regarding Landlord Notification, and to
Amend the Provision of Subterfuge
INTRODUCTION
At its meeting on October 10, 1995, the city council introduced for
first reading an ordinance amending Municipal Code sections
4.40.020 and 4.40.040 to delete procedural provisions relating to
domestic partnerships, to clarify that Chapter 4.40 does not
establish landlord-tenant relationships, to add a provision
regarding landlord notification, and to amend the provision on
subterfuge. The ordinance is now presented to the city Council for
adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, city Attorney
Barry A. Rosenbaum, Deputy city Attorney
- 60
OCT 1 7 1995
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f:\atty\muni\laws\barry\dompar2.xx
city council Meeting 10-17-95 Santa Monica, California
.
ORDINANCE NUMBER 1822 (ees)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.40.020 AND
4.40.040 TO DELETE PROCEDURAL PROVISIONS RELATING TO DOMESTIC
PARTNERSHIP; TO CLARIFY THAT CHAPTER 4.40 DOES NOT ESTABLISH
LANDLORD-TENANT RELATIONSHIPS, TO ADD A PROVISION REGARDING
LANDLORD NOTIFICATION, AND TO AMEND THE
PROVISION ON SUBTERFUGE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. section 4.40.020 of the Santa Monica Municipal
Code is amended to read as follows:
4.40.020. Definitions.
The following words or phrases as used in
this Chapter shall have the following
meanings:
(a) Business Establishment. Any entity,
however organized, which furnishes goods or
services to the general public. An otherwise
qualifying establishment which has membership
requirements is considered to furnish services
to the general public if its membership
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requirements: (1) consist only of payment of
fees; 'or (2) consist of requirements under
which a substantial portion of the residents
of the City of Santa Monica could qualify.
(b) Individual. The same as the term
"person." Wherever this Chapter refers to the
sexual orientation of any individual, and the
individual is a group, the phrase shall mean
the sexual orientation of any member of the
group.
(c) PersoD. Any person as defined in
Municipal Code Section 1.12.150.
Cd) sexual orientation. Actual or
supposed homosexuality, heterosexuality, or
bisexuality, by preference or practice,
including, but not limited to, an orientation
that may be imputed on the basis of
mannerisms, physical characteristics or manner
of dress.
SECTION 2. Section 4.40.040 of the Santa Monica Municipal
Code is amended to read as follows:
4.40.040. Housinq and other real
estate transactions
(a) Unlawful Real Estate Practices:
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(1) Transact: ions Ganera11y. It
shall be an unlawful real estate practice for
any person to interrupt, terminate, or fail or
refuse to initiate or conduct any transaction
in real property, including but not limited to
rental transactions, on the basis, in whole or
in part, of an individual's sexual orientation
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 interest 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 deed of trust or mortgage, or
otherwise refuse to make available funds for
the purchase, acquisition, construction,
alteration, rehabilitation, repair or
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lIlaintenance 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
interest in real property on the basis, in
whole or in part, of any individual's sexual
orientation.
(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 orientation.
(4) Eviction Proceedings. It shall
be an unlawful real estate practice to
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 from an increase
in the numher of occupants due to the domestic
partnership (as defined in Municipal Code
section 4.60.020(d)) of the tenant, provided
that the occupancy by the tenant's domestic
partner is otherwise lawful. A violation of
this subsection may be asserted as an
affirmative defense in an unlawful detainer action.
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(5) Adver1:isiDq. It shall be an
unlawfal real estate practice for any person
to make, print, 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
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) Subterfuqe. If the sexual orientation
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 independently provided
justification for the 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 81lall
owellings. Nothing in this Chapter shall be
5
construed to apply to the rental or leasing of
any housing unit in which the owner or lessor
or any member of his or her family occupies
one of the living units 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)
dwelling units.
(2) Effect on Other Laws. Nothing
in this Chapter shall be deemed to permit any
rental or occupancy of any dwelling unit 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.
(d) DOlllestic 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
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certified copy of the Affidavit of Domestic
partnership prior to the filinq 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 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.
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SECTION 5. . 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:
I)~L--11(k{.A. }L.Li.U--&v
MARSHA JONE~ MOUTRIE
City Attorhey
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dJ ~.~
.
Mayor
State of Cabforrna )
County of Los Angeles) ss
CIty of Santa Mornca )
1. Mana M Stewart, CIty Clerk of the CIty of Santa Moruca, do hereby certify that the foregomg
Ordmance No 1822 (CCS) had Its fIrst readIng on October 10. 1995 and had ItS second readmg
on October 17_ 1995 and was passed by the followmg vote
Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
RosensteIn
Noes CounCil members None
AbstaIn CouncIl members None
Absent CouncIl members None
ATTEST
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City Clerk