O2473City Council Meeting: October 28, 2014 Santa Monica, California
ORDINANCE NUMBER 2473 (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.
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 contract with regard to a housing accommodation
offered by that person that indicates any preference, limitation, or
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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.
(g) Refuse to make reasonable accommodations in
rules, policies, practices, or services, when such accommodations
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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 property 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.
(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.
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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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Approved and adopted this 28th day of October, 2014.
am O'Connor, Mayor
State of California ) C
County of Los Angeles ) ss.
City of Santa Monica )
1, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2473 (CCS) had its introduction on October 14,
2014, and was adopted at the Santa Monica City Council meeting held on
October 28, 2014, by the following vote:
Ayes: Councilmembers: Davis, McKeown, Vazquez, Winterer
Mayor O'Connor, Mayor Pro Tem O'Day
Noes: Councilmembers: None
Absent: Councilmembers: Holbrook
A summary of Ordinance No. 2473 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
JI
Sarah P. Gorman, City Clerk