O27161
City Council Meeting September 13, 2022 Santa Monica, California
ORDINANCE NUMBER 2716 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.56.020,
4.28.030, AND ADDING SECTIONS 4.27.060 AND 4.27.070 TO CHAPTER 4.27
WHEREAS, the City of Santa Monica is committed to protecting housing for all
segments of the community, in particular for its most vulnerable residents, as a matter of
social justice and human dignity and in order to preserve diversity; and
WHEREAS, a crisis exists in the City of Santa Monica due to the lack of affordable
housing, the high number of homeless people, and the high number of people at risk of
homelessness; and
WHEREAS, this crisis has been created in part by high rental prices, insufficient
production of affordable units, housing discrimination, tenant harassment, the inability of
tenants to afford attorneys to represent them in evictions, and a lack of awareness of
tenants’ rights; and
WHEREAS, a second and even more dire crisis has been created by the COVD-
19 pandemic and its economic fallout, followed by high inflation in Santa Monica and in
which many tenants have lost income while facing higher expenses to the extent they
have difficulty paying all or part of their monthly rent; and
WHEREAS, local, state, federal and court moratoriums on evictions are beginning
to end or have new legal requirements for further protection, setting up an unprecedented
wave of attempted evictions, and
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WHEREAS, approximately 71% of Santa Monica households (32,295) rent their
homes; and
WHEREAS, Matthew Desmond reports in his Pulitzer Prize-winning book Evicted:
Poverty and Profit in the American City, “Eviction’s fallout is severe. Losing a home sends
families to shelters, abandoned homes, and the street. It invites depression and illness,
compels families to move into degrading housing in dangerous neighborhoods, uproots
communities, and harms children;” and
WHEREAS, Santa Monica renters will not experience this housing and eviction
crisis equally. Poor and working-class tenants, tenants of color, families with children, and
persons with disabilities are disproportionately impacted by the pandemic and housing
crisis due to inequities and shortcomings in health care, employment, and housing
WHEREAS, providing Santa Monica residents with access to legal services for
unlawful detainer actions will help mitigate these crises and reduce the serious threats to
the public health, safety and general welfare of the residents of Santa Monica; and
WHEREAS, a lack of knowledge and awareness of tenants’ rights, a lack of
knowledge and awareness about recently enacted laws (such as the COVID-19 Tenant
Relief Act of 2020) and orders (such as the Santa Monica Eviction Moratorium), and the
fear of being evicted and being forced to seek housing in a limited housing market
discourages many tenants from fighting evictions and asserting rights they may not be
aware of, and this fear contributes to disruption of families and communities and to
homelessness; and
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WHEREAS, this housing emergency destabilizes families and neighborhoods,
especially the most vulnerable among us, resulting in homelessness, and harm to social
tranquility and the general welfare of Santa Monica, and
WHEREAS, due to an inability to obtain legal representation because of a lack of
resources, Santa Monica’s most vulnerable tenants are frequently unrepresented and
evicted by landlords who are represented by competent and experienced counsel; and
WHEREAS, landlords are overwhelmingly represented by attorneys in eviction
cases in Los Angeles County, and tenants are not; and
WHEREAS, according to the December 2019 STOUT report, Cost-Benefit
Analysis of Providing A Right to Counsel to Tenants In Eviction Proceedings, providing
Los Angeles County tenants with counsel levels the playing field and significantly
improves the likelihood that eviction cases are decided fairly and on the merits; and
WHEREAS, the STOUT report concluded even before the pandemic that Right to
Counsel programs are investments (in the case of Los Angeles, at least $3 back for each
dollar spent) in a community in that by preventing the displacement of its residents, a city
will later spend much less on social services, law enforcement, and shelter and other
housing services; and
WHEREAS, providing tenants with counsel will increase housing stability,
particularly for poor and working-class tenants, tenants of color, families with children and
people with disabilities, which in turn will help prevent potentially massive displacement
and homelessness; and
WHEREAS, the City must track how many evictions and endeavors to evict occur
in Santa Monica, along with the nature of these attempts and their outcomes, and
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WHEREAS, the City has made commitments to preserve and protect affordable
housing in its current Consolidated Plan, Analysis of Fair Housing Impediments, and its
April 2020 Assessment of Fair Housing; and
WHEREAS, one of the City’s top three stated goals in its April 2020 Assessment
of Fair Housing was to “prevent displacement of low- and moderate-income residents”
and the top strategy for achieving that goal is “explore the feasibility of a Right to Counsel
Ordinance to protect tenants’ legal rights; and
WHEREAS, Santa Monica City Council has police and emergency powers under
its charter, and
WHEREAS, pursuant to these aforementioned police and emergency powers, in
order to protect the health, safety and welfare of the residents of Santa Monica, it is
necessary to provide access to legal services to tenants who are subject to eviction
proceedings.
WHEREAS, the City of Santa Monica has a long history of protecting and tenants
and applicants for housing from housing discrimination, tenant harassment, bad faith
evictions, and bad faith business practices; and
WHEREAS, protecting applicants and tenants from housing discrimination and
tenant harassment is of paramount importance, especially during the current affordable
housing crisis, and
WHEREAS, the City Attorney’s Office’s successful enforcement program
regarding Section 8 and rental assistance discrimination has not only helped reverse
numerous refusals by landlords to rent to protected tenants and applicants, it has also
revealed the types of such discrimination, and
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WHEREAS, the City’s Tenant Harassment Ordinance prohibits a landlord from, in
bad faith, influencing or attempting to influence “a tenant to vacate a rental housing unit
through fraud, intimidation or coercion” it does not provide clarifying specific examples of
such conduct, and
WHEREAS, examples of such harassment include excessive rent increases,
baseless threats to evict, threats to report immigration status, terminating a tenancy on a
fraudulent basis of owner-occupancy, and excessive and baseless entries by landlord or
landlord’s agents, and
WHEREAS, the City’s Tenant Harassment Ordinance prohibits bad faith housing
discrimination based on several protected classes such as race and disability, it does not
include several relatively new classes added to state fair housing law such as source of
income and immigration status, and
WHEREAS, a landlord’s change-of-lease terms limiting attorneys fees can be
misleading in that a Santa Monica resident has a legal right under local law to attorneys
fees if they are the prevailing party in a tenant protection case, and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.56.020 Prohibitions:
4.56.020 Prohibitions.
No landlord shall, with respect to property used as a rental housing unit under any
rental housing agreement or other tenancy or estate at will, however created, do any of the
following in bad faith:
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(a) Interrupt, terminate or fail to provide housing services required by contract or by
State, County or local housing, health or safety laws;
(b) Fail to perform repairs and maintenance required by contract or by State, County
or local housing, health or safety laws;
(c) Fail to exercise due diligence in completing repairs and maintenance once
undertaken;
(d) Abuse the landlord’s right of access into a rental housing unit as that right is
specified in California Civil Code Section 1954. This includes entries for “inspections” that
are not related to necessary repairs or services; entries excessive in number; entries that
improperly target certain tenants or are used to collect evidence against the occupant or
otherwise beyond the scope of an otherwise lawful entry;
(e) Abuse the tenant with words which are offensive and inherently likely to provoke
an immediate violent reaction;
(f) Influence or attempt to influence a tenant to vacate a rental housing unit through
fraud, intimidation or coercion (Examples of such influence or attempts include but are not
limited to the following: excessive rent increases, baseless threats to evict, threats to report
immigration status, terminating a tenancy on a fraudulent basis of owner-occupancy,
excessive and baseless entries by landlord or landlord’s agents.)
(g) Threaten the tenant, by word or gesture, with physical harm;
(h) Violate any law which prohibits discrimination based on race, gender, sexual
preference, sexual orientation, ethnic background, nationality, religion, age, parenthood,
marriage, pregnancy, disability, AIDS or occupancy by a minor child, immigration status,
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source of income, gender identity, gender expression, or any other class expressly
protected by a local, state, or federal law.
(i)(1) Take action to terminate any tenancy including service of any notice to quit or
other eviction notice or bring any action to recover possession of a rental housing unit
based upon facts which the landlord has no reasonable cause to believe to be true or upon
a legal theory which is untenable under the facts known to the landlord. No landlord shall
be liable under this subsection for bringing an action to recover possession unless and until
the tenant has obtained a favorable termination of that action.
(2) This subsection shall not apply to any attorney who in good faith initiates legal
proceedings against a tenant on behalf of a landlord to recover possession of a rental
housing unit;
(j) Interfere with a tenant’s right to quiet use and enjoyment of a rental housing unit
as that right is defined by California law;
(k) Refuse to acknowledge receipt of a tenant’s lawful rent payment;
(l) Interfere with a tenant’s right to privacy, including, but not limited to, entering or
photographing portions of a rental housing unit that are beyond the scope of a lawful entry
or inspection.
SECTION 2. Santa Monica Municipal Code Section 4.28.030, Prohibited Activities.
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:
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(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, 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.
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(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 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
preexisting condition, reasonable wear and tear excepted.
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(i) Refuse to accept from a prospective or current tenant rent in the form of 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. Refusal to accept
includes failure or an unreasonable delay in filling out and returning any necessary
paperwork.
(j) 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.
(k) 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,
for an existing tenant or prospective tenant.
SECTION 3. Santa Monica Municipal Code Section 4.27.060 Landlord Reporting
Requirements for Endeavors to Evict Residential Tenants
4.27.060 Landlord Reporting Requirements for Endeavors to Evict Residential
Tenants
(a) For purposes of this section, the following terms shall have the following
meanings:
(1) “Endeavors to evict” means any attempt to begin the termination of tenancy or
eviction process, such as notices to terminate tenancy, notices to pay rent or quit,
notices to quit, and filing of unlawful detainer cases in court.
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(b) Landlords shall email to the Santa Monica City Attorney’s Office (CAO) at
EMReports@santamonica.gov unredacted copies of any notices of any endeavors to
evict (pandemic-related or not), including a termination notice or a Summons and
Complaint for Unlawful Detainer, within two (2) days of serving such notice or summons
and complaint on a tenant.
(c) Landlords shall also provide the CAO, by emailing to
EMReports@santamonica.gov the following information within three (3) days of its
availability to landlord: 1) whether tenant obtained a fee waiver; 2) whether tenant has
legal representation; 3) whether landlord has legal representation; and 4) outcome of the
endeavor to evict.
(d) This section shall be enforceable as a misdemeanor pursuant to Government
Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or through the
issuance of administrative citations in accordance with Chapter 1.09 of the Santa Monica
Municipal Code with a fine for each violation of this section up to a maximum of $1000.
Violations of this section do not result in an affirmative defense for the tenant in an
unlawful detainer action.
SECTION 4. Santa Monica Municipal Code Section 4.27.070 Attorney fees
provision in leases
4.27.070 Attorney fees provision in leases
(a) No landlord shall serve notice of an amendment to a lease’s attorney’s fees
provision without including a separate notice that includes the following statement:
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“The attorney’s fees provisions in tenant protection laws such as the City’s Tenant
Harassment Code and its Housing Anti-Discrimination Code that allow a prevailing
tenant to pursue his or her own attorneys fees from the landlord (fee shifting) cannot
be waived by a tenant or changed by a landlord’s amendments to a lease. Any such
lease amendments or provisions are null and void with respect to the fee-shifting in
tenant protection laws.”
(b) This section shall be enforceable as a misdemeanor pursuant to
Government Code Section 8665 and Santa Monica Municipal Code Section 2.16.100, or
through the issuance of administrative citations in accordance with Chapter 1.09 of the
Santa Monica Municipal Code with a fine for each violation of this section up to a
maximum of $1000.
SECTION 5. 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 6. 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 7. 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:
_________________________
Douglas Sloan, City Attorney
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Approved and adopted this 13th day of September, 2022.
_____________________________
Sue Himmelrich, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2716 (CCS) had its introduction
on August 23, 2022 and was adopted at the Santa Monica City Council meeting
held on September 13, 2022, by the following vote:
AYES: Councilmembers Davis, de la Torre, Negrete, Parra,
Mayor Himmelrich, Mayor Pro Tem McCowan
NOES: None
ABSENT: Councilmember Brock
ATTEST:
_____________________________________ _________________
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2716 (CCS) was duly published pursuant to
California Government Code Section 40806.
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9/21/2022