SR-10-14-2014-7E - 407-001 / 704-000City Council Meeting: October 14, 2014
Agenda Item: '7°
To: Mayor and City Council
From: Marsha Jones Moutrie
City Attorney
Subject: Proposed Ordinance Adding Disability to the List of Classes Protected
Against Housing Discrimination by Local Law
Recommended Action
Staff recommends that the City Council introduce for first reading the attached proposed
ordinance adding persons with disabilities to the list of those protected against housing
discrimination by local law.
Executive Summary
Federal, state, and local law all prohibit housing discrimination. However, the
prohibitions and the remedies differ, and the differences limit the ability of the City
Attorney's Office to directly combat housing discrimination within the City. Santa
Monica Municipal Code Chapter 4.28 prohibits housing discrimination, and it expressly
authorizes the City Attorney to bring enforcement actions. However, the Chapter 4.28
does not protect tenants with disabilities or require reasonable accommodations. The
attached ordinance would expand the municipal code protections against housing
discrimination to include protection of tenants with disabilities. This change would allow
the City to bring enforcement actions against landlords who discriminate against tenants
with disabilities.
Background
The Consumer Protection Division (CPD) accepts complaints for housing discrimination
based on race, religion, national origin, gender, disability, family status, sexual
orientation, and age. The CPD's disability -based fair housing complaints and inquiries
regarding reasonable accommodations and modifications far exceed all other types of
fair housing matters. Accommodations are changes to rules, policies, practices or
services that the tenant needs to have an equal opportunity to use and enjoy a dwelling,
while modifications involve physical changes to the premises. Such complaints have
surged in the past two years. For example, in the last twelve months, the CPD
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received nineteen reasonable accommodation complaints. By comparison, it received
only three such complaints in Fiscal Year 2011 -12
Under current law, if a reasonable accommodation complaint filed by a tenant with the
City cannot be resolved through education and negotiation, it is theoretically possible for
the attorneys in the CPD to file suit. But they must first obtain authority from the District
Attorney, and this can be difficult in cases involving individual tenants, rather than
groups. Even if the District Attorney grants authority, the remedy is usually limited to a
suit under Business & Professions Code section 17200 for unlawful business
practices. Only in the most egregious cases involving demonstrably malicious
harassment is a more direct remedy available. Another option is to use the Unruh Civil
Rights Act, but that law also does not directly address reasonable accommodations.
Discussion
Staff wants to be able to address reasonable accommodation cases directly. Staff
attorneys have experience in the legal field and this community. Unlike the federal and
state agencies, which often take months to investigate disability claims, the CPD is
usually able to act promptly.
Therefore, staff is proposing a simple change to the Municipal Code that would add
tenants with disabilities to the list of protected classes in Section 4.28.030 along with
new language describing reasonable accommodations and modifications. This new
language uses the City of Seattle's housing discrimination ordinance as a starting point.
There is no preemption issue. Cities and states can mimic or supplement federal fair
housing laws so long as local provisions expand existing laws, rather than diminishing
them.
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Commission Action
The City Attorney's Office presented this issue and the draft ordinance to the City's
Disabilities Commission. After input the commission unanimously approved it and will
be providing a letter of support.
Alternatives
The Council could take no action, in which case the CPD's authority to address disability
discrimination in housing will remain limited.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Gary Rhoades, Deputy City Attorney
Approved: Forwarded to Council:
Ma sha Joh6 Moutrie Rod Gould 1 �
City Attomey City Manager
Attachments: Ordinance
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City Council Meeting: October 14, 2014 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE CHAPTER 4.28
TO INCLUDE FAIR HOUSING PROTECTIONS FOR TENANTS WITH DISABILITIES
WHEREAS, federal, state and local law all prohibit housing discrimination; and
WHEREAS, the Consumer Protection Division of the City Attorney's Office
receives inquiries and complaints about all forms of housing discrimination; and
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WHEREAS, the largest number of complaints and inquiries relate to disability;
WHEREAS, complaints regarding reasonable accommodations and reasonable
modifications for tenants with disabilities in the City have quadrupled in the past three
years; and
WHEREAS, in many cases, the City Attorney staff is limited by current law from
directly enforcing the rights of tenants with disabilities; and
WHEREAS, expanding the local prohibition against housing discrimination to
include discrimination based on disability will authorize the City Attorney's Office to
enforce the rights of tenants with disabilities.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.28.030 is hereby amended
to read as follows:
4.28.030 Prohibited activities.
It shall be unlawful for any person offering for rent or lease, renting,
leasing, or listing any housing accommodation, or any authorized agent or
employee of such person, to do or attempt to do any of the following:
(a) Refuse to rent or lease a housing accommodation, or access
to or use of the common areas and facilities of the housing
accommodation, serve a notice of termination of tenancy, commence an
unlawful detainer action, or otherwise deny to or withhold from any person
or persons, a housing accommodation on the basis of disability, age,
parenthood, pregnancy, or the potential or actual occupancy of a minor
child.
(b) Represent to any person, on the basis of disability, age,
parenthood, pregnancy, or the potential or actual occupancy of the minor
child that a housing accommodation is not available for inspection or
rental when such housing accommodation is in fact available for
inspection or rental.
(c) Make, print, or publish, or cause to be made, printed, or,
published any notice, statement, sign, advertisement, application, or
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contract with regard to a housing accommodation offered by that person
that indicates any preference, limitation, or discrimination with respect to
disability, age, parenthood, pregnancy, or the potential or actual
occupancy of a minor child.
(d) Include in any rental agreement or lease for a housing
accommodation a clause providing that as a condition of continued
occupancy, the tenants shall remain childless or shall not bear children or
otherwise not maintain a household with a person or persons of a certain
age.
(e) 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 out of an increase in the number of
occupants due to the marriage of the tenant, provided that the occupancy
of the spouse and children of the spouse is otherwise lawful.
(f) Threaten to commence or commence eviction proceedings
against any tenant head of household on the grounds that he or she has
violated the provisions of a rental agreement where the violation consists
of an increase in the number of occupants arising out of the birth,
adoption, or change of legal custody of a minor child of whom the tenant
head of household or his or her spouse is the parent or legal guardian,
and provided that the occupancy of said minor child is otherwise lawful.
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(Prior code § 4702; amended by Ord. No. 1343CCS, adopted 9/10/85;
Ord. No. 1965CCS, adopted 3/8/00)
(g) Refuse to make reasonable accommodations in rules,
policies, practices or services when such accommodations may be
necessary to afford a person with a disability equal opportunity to use and
enjoy any dwelling.
(h) Refuse to allow a person to make reasonable modifications,
alterations or additions to existing premises occupied or to be occupied by
a person with a disability that are necessary to make the rental propert y
accessible by persons with disabilities, under the following conditions:
(1) The landlord is not required to pay for the alterations,
additions, or restoration unless otherwise required by state or
federal law;
(2) The landlord has the right to demand assurances that all
modifications will be performed in a professional manner, and in
accordance with applicable building codes permitting requirements
and other applicable laws;
(3) The landlord may, where it is reasonable to do so,
condition permission for modification on the tenant's agreement to
restore the interior of the premises to its pre- existing condition,
reasonable wear and tear excepted.
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(i) For purposes of this part, "disability" includes, but is not limited
to, any physical or mental disability as defined in California Government
Code Section 12926.
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.
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:
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MA E A JOF S MOt� RIE
City A on
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