SR-407-001 (2)
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SH 21 1i83
CA: Rt1H:pd
Clty Councll Meetlng q-27-83
Santa Monlca, Californla
STAFF REPORT
TO:
Mayor and Clty Councll
FROll:
City Attorney
SUBJECT:
Ordlnance AMending Municlpal Code sections 4702
and 4703 and Addlng Bectlon 4706 Relatlng to
Aae riscrinination 1n RouSlng
At lts ~eeting on Septenber 13, 1983, the city Council
lntroduced for f1rst reading an ordinance anendlng t1unicipal
Code Sectlons 4702 and 4703 and addlng Nuniclpal Code Section
4706 relatlng to ~ge Discrimination 1n Houslng. The ordlnance
1S now presented to the City Council for adoption.
RECOM~{ENnATION
It lS respectfully recomnended that the accompanyinq
ordlnance be adopted.
PREPARED BY: Robert M. Myers, Clty Attorney
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SEP 2 '7 1983
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CA: R1I1M: pd
City Cauncll Meetlng 9-27-83
Santa Monica, California
OR.DINANCE Nl1t~BER
(Clty Council Series)
Jl.U ORDINANCE OF THE CITY COCNCIL
OF THE CITY OF SA~ryA MO~ICA
ADDING S~CTION 4706 TO THE
Sl\NTA t10NICA HUFICIPAL CODY AND
AMENDING SANTA MOKICA MUKICIPAL CODE
SECTIOKS 4702 ARD 4703
RELATI~G TO DISCRIMINATION IN HOUSING
THE CITY COUNCIL OF 'L'HE CITY OF SANTA MmOCA DOES ORDAIN
AS FOLLO\lS:
SECTION 1.
Section 4702 of the Santa Monica Municipal
Code is aMended to read as follows:
Sectlon
4702.
Prohlblted
Actlvities.
It shall be unlawful for any
person
offerlng
for
rent or lease,
renting,
leasing, or listlnq any rouslng
acco~odatlon, or any authorized agent or
enployee of such person, to do or attempt
to do any of the following:
( a) Re fus e
to rent or lease a
housing accoMmodation, serve a notlce of
terrrlnatlon
of
tenancy,
cOJT1Il1ence an
unlawful detainer action, or otherWlse
deny to or wlthhold from, any person or
persons, a houslng acco~odation on the
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baS1S of age, parenthood,
pregnancy, or
the potential or actual occupancy of a
mlnor Ch1ld.
(b) Discrimlnate agalnst any person
1n the terms, conditions, or privileges of
the rental of a housing aCCOMmOdat1on or
in the provlsion of services or faC1lities
1n connection therewith, on the baS1S of
age, parenthood, pregnancy,
potentlal or actual occupancy
chJ.ld.
or the
of a P1inor
(c) Represent to any person, on the
haS1S of age, parenthood,
pregnancy, or
the potential or actual occupancy of the
m1nor Ch1ld that a housing accomnodat10n
15 not ava1lable for inspection or rental
when such housing aCC0P1P10dat1on is in fact
ava1lable for inspect10n or rental.
(d) Make, print, or publish, or
cause to be made, printed, or publ1shed
any
notJ.ce,
statement,
sign,
advert1Serrtent,
appl1cat1on,
or contract
with regard to a housing accomnodat1on
offered by that person that 1nd1cates any
preference,
limitat1on, or rliscrimination
with
respect
to
age,
parenthood,
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pregnancy, or the potent~al or actual
occupancy of a ninor Chlld.
(e) Include ~n any rental agreenent
or lease for a housing accoMmodation a
clause providlng that as a conoition of
continued occupancy,
the tenants
shall
remaln
childless
or
shall not bear
chlldren or otherwise not naintain a
household with a person or persons of a
certain age.
(f) Charge
addltional
rent for
persons living in a houslng accomnodation
on
the
baSls
of
age,
parenthood,
pregnancy, or the potential or actual
occupancy of a Mlnor Chlld.
(g) Except to comply with the floor
area requlrements of the Uniform Bouslng
Code adopted by Munlclpal Code Sectlon
8106, linit the number of occupants, enter
lnto any rental agreeMent or lease
llnltlng the nunber of occupants, or to
enforce in any nanner a term, condltion,
or covenant of a rental aoreement or lease
which
Ilmlts the nunber of occupants
unless the number of occupants exceeds two
persons per bedroon, plus one additional
minor child per houslng accomnodation, or,
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in
the
case of zero-bedroom housina
accomnodations, one adult and one minor
Chlld.
For the purpose of thlS Section,
minors under two years of age are not
consldered
occupants
for
housing
accommodatlons wlth one or nore bedroo~s.
(h) Prlor
to renting a houslng
ac corrunod a ti on,
lnqulre,
orally or in
wrltlng, as to the ages, parenthood,
pregnancy, number of mlnor children, or
famlly compos1t1on of prospective
occupants, except to establ1sh the nameS
of prospectlve occupants,
establlsh that
the number of occupants will not exceed
the occupancy standards set forth 1n
~ectlon 4702(g) or to esta~lish that the
tenant Slgnlng the rental agreenent or
lease 1S e1ghteen
older.
(IR) years of acre or
SECTIon 2.
Bectlon 4703 of the Santa HODlea Munlclpal
Code is amended to read as follows:
SECTION 4703: Exemptlons. Nothing
contalned in thlS Chapter shall apply to
or be construed:
( a ) To
af feet
deslaned
a
hous1ng
operated
aecor::modatlon
and
exeluslvely for senlor adults, and their
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spouses, or any nursing home, convalescent
ho~e, or ret~re~ent home.
(b) To waive any federal, state, or
local
law
relating
to occupancy or
density.
(c) To affect any prov1sion of a
rental agreeMent or lease limlting
occupancy to persons named 1n tne rental
agreement or lease other than the spouse
or chlldren of such named inoividuals.
(d) To prohlbit a llMitatlon of the
nUMber of adults, other than arlult
chlldren, to the greater of one adult per
bedrooM or two adults per housing
accoMModatl0n.
SECTION 3.
Sectlon 47r.f) is added to the Santa Honlca
Munlcipal Code to read as follows:
SECTION 4706. Equitable Relief. An
actlon for equitable relief to
coropliance with the provlsions
Chapter may be COmMenced hy
secure
Attorney,
Dlstrlct
Attorney,
of th ~ s
the Clty
or by any
person,
corporation,
association,
or
entlty acting for the interests of itself,
its me~bers, the general public, or the
protected class.
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SECTION 4. Any provision of the fanta Mon1ca Mun1c1pal
Code or append1ces thereto 1ncons1stent with the provisions of
this ord1nance, to the extent of SUCD 1ncons1stencies ann no
further,
1S hereby repealed or moolfied to that extent
necessary to glve full force and effect to the prov1slons of
this ordinance.
SECTION
5.
If any section,
subsection,
sentence,
clause,
or phrase of thlS ordlnance 1S for any reason held to
be lnval1d or unconstltutional by a oec1S1on of any court of
co~petent ]ur1sdictlon, such decislon shall not render invalid
the re~alnlng portlons of the ord1nance.
The Clty Councll
hereby declares that it would have passed th1S ordinance and
each and every seetlon,
subsectlon,
sentence,
clause, or
phrase not declared inval1d or unconstitutlonal w1thout regard
to whether any portion of the ordinance would be subsequently
declared invalld or unconstitutlonal.
SECTION 6.
The Mayor shall siqn and the City Clerk
shall attest to the passage of this ord1nanee. The C1ty Clerk
shall cause the same to be publlshed once in the offlcial
newspaper wlthin 15 days after 1ts adoption.
The ordinance
shall become effectlve 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT fl. MYERS
C1ty Attorney
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