O2485City Council Meeting: May 12, 2015
Santa Monica, California
ORDINANCE NUMBER z_ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA PROHIBITING HOUSING DISCRIMINATION BASED ON
SOURCE OF INCOME, INCLUDING SECTION 8 VOUCHERS AND OTHER RENT
SUBSIDIES
WHEREAS, the City of Santa Monica is committed to providing and preserving
affordable housing for all segments of the community as a matter of social justice and to
preserve diversity; and
WHEREAS, the City of Santa Monica desires to eliminate any discrimination in
the provision of housing, including discrimination based on a person's source of income;
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WHEREAS, the City of Santa Monica Housing Authority, which administers the
Section 8 program, reports a shortage of landlords participating in the Section 8
program; and
WHEREAS, this shortage may reflect discrimination against the holders of
Section 8 vouchers; and
WHEREAS, discrimination against Section 8 voucher holders significantly
reduces the pool of housing that is available to them; and
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WHEREAS, California and federal law requires the City to identify impediments
to providing affordable housing and discrimination -free housing and to develop
strategies for removing those impediments; and
WHEREAS, in order to fulfill its commitment to fair and affordable housing
opportunities and to fulfill its legal obligations it is necessary to prohibit housing
discrimination based on source of income; and
WHEREAS, the current fixed civil penalty of Five Hundred Dollars ($500.00) for
violations of the Housing Anti - Discrimination Ordinance is insufficient to deter violations
of that law and provides judges insufficient flexibility to assess proper penalties; and
WHEREAS, the civil penalty for violations of the Housing Anti - Discrimination
Ordinance should be amended to the range of One Thousand Dollars ($1000.00) up to
Ten Thousand Dollars ($10,000.00); and
and
WHEREAS, injunctive relief is often needed to deter future discriminatory acts;
WHEREAS, the Housing Anti - Discrimination Ordinance should be amended to
include injunctive relief as a possible civil remedy.
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
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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, source of income, parenthood, pregnancy, or the
potential or actual occupancy of a minor child.
(b) Represent to any person, on the basis of
disability, age, source of income, 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 discrimination with
respect to disability, age, source of income, parenthood,
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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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(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 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.
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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.
Q) For purposes of this part, "source of income"
includes any lawful source of income or rental assistance
from any federal, State, local or non - profit- administered
benefit or subsidy program including, but not limited to, the
Section 8 voucher program.
SECTION 2. Santa Monica Municipal Code Section 4.28.060 is hereby amended
to read as follows:
4.28.060 Civil remedies.
(a) 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.
(b) Injunction. Any person who commits an act,
proposes to commit an act, or engages in any pattern and
practice which violates Section 4.28 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
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entity who will fairly and adequately represent'the interest of
the protected class.
(c) Penalties and Other Monetary Awards. 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 between the sum
of one thousand dollars and ten thousand dollars, whichever
is greater, and shall be liable for such attorneys' fees and
costs as may be determined by the court in addition thereto.
(e) Nonexclusive Remedies and Penalties. The
remedies provided in this Chapter are not exclusive, and
nothing in this Chapter shall preclude any person from
seeking any other remedies, penalties or procedures
provided by law
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
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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 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:
MAR A JON S OUT E
City Attorney
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Approved and adopted this 12th day of May, 2015.
Kevin McKeown, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2485 (CCS) had its introduction on May 5, 2015,
and was adopted at the Santa Monica City Council meeting held on May 12,
2015, by the following vote:
Ayes: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer
Mayor McKeown, Mayor Pro Tern Vazquez
Noes: Councilmembers: None
Absent: Councilmembers: None
A summary of Ordinance No. 2485 (CCS) was duly published pursuant to
California Government Code Section 40806 .
ATTEST:
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Sarah P. Gorman, City Clerk