Berkeley Municipal Code Ch. 13.24 Discrimination Against Families with Children and Students in Property…

A. The City Council finds that discrimination against families or other living groups with minor children (hereinafter jointly "family" or "families") and students in the leasing and renting of housing accommodations exists within the City. The council further finds that the existence of such discrimination poses a substantial threat to the health and welfare of a sizeable segment of the community, namely, families with minor children and students.

B. The council finds that a shortage of housing exists within the City. The council further finds that a low vacancy rate exists in all rental housing throughout Berkeley particularly housing suitable for families and students with limited incomes. The addition of discrimination against students and against families to the above two factors further exacerbates the limited availability of rental housing to such persons.

C. The overall effect of discrimination against families is to encourage the flight of families from the City and to further diminish family-oriented neighborhoods. It has an overall detrimental effect on the composition of the City, the stability of neighborhoods, the preservation of family life within the City, the living conditions of our children, the quality of our schools, and the viability of children’s activities and organizations.

D. Discrimination against students also has a detrimental effect on the composition of the City, has resulted in an increase in the number of students who are forced to find housing outside of the City and such factor contributes to an increased demand for public transportation services and competition for off-street parking within the City.

E. Discrimination against families and students falls most heavily on the poor but cuts across all racial, ethnic and economic levels. (Ord. 5655-NS § 1 (part), 1985)

A. "Elderly" or "elderly person" means any person sixty-two years of age or older.

B. "Family" means one or more persons who constitute a unitary living group and which includes a pregnant person who has custody of one or more minor child or children and with whom said minor child or children maintains their place of abode. For the purposes of this chapter, family members need not be related to each other by blood, marriage, or adoption.

C. "Housing accommodation" means residential rental unit consisting of one or more rooms in which cooking facilities are available or portion thereof, which is used or occupied, or is intended, arranged or designed to be used or occupied as the home, residence, or sleeping place of one or more human beings, but shall not include any accommodations operated by a religious or social association or corporation not organized or operated for private profit; provided, that the accommodations are being used in furtherance of the primary purpose or purposes for which the association or corporation was formed.

D. "Owner" includes the lessee, sublessee, assignee, managing agent, real estate broker or sales person, or any person having any legal or equitable right of ownership or possession or the right to rent or lease housing accommodations, except the state and any of its political subdivisions and any agency thereof.

E. "Student" means a person enrolled in a public or private postsecondary institution for at least twenty-five hours per month of instruction or for at least twenty-five hours per month of independent study as a part of a formal undergraduate or graduate school curriculum. (Ord. 5655-NS § 1 (part), 1985)

It is unlawful for any owner, or home listing service, or any agent or employee thereof to discriminate in the provision of housing accommodations against any person because of such person’s pregnancy or family or student status. Such prohibited discrimination includes but is not limited to the following:

A. Refuse to enter into negotiations regarding the lease or rental or to refuse to rent or lease, or otherwise deny or withhold from any person any housing accommodations because of the potential tenancy of a student, family, minor child or children;

B. Represent to any person because of the potential tenancy of a student, family, minor child or children that housing accommodations are not available for inspection or rental when such dwelling is in fact so available;

C. Make, print or publish, or cause to be made, printed or published any notice, statement or advertisement with respect to the rental of housing accommodations that indicates any preference limitation or discrimination toward a person based on any person’s status as a student, family or the potential tenancy of a minor child or children;

D. Discriminate against any student or family by providing inferior terms, conditions, services or facilities in connection with the provision of rental housing accommodations;

E. Make or cause to be made any written or oral inquiry concerning the pregnancy or family or student status of any person seeking to rent or lease any housing accommodation prior to stating that such housing-accommodation has already been rented;

F. Include a clause or provision in any lease or rental agreement for housing accommodations except those rented solely to elderly persons that the tenant shall remain childless, shall not bear children or shall maintain a household which consists only of persons of a certain age as a condition of occupancy or continued occupancy;

G. Charge additional rent or deposits or change the manner of payment for any tenant solely on the basis of such tenant’s status as a member of a family or student;

H. Establish unreasonable rules or conditions of occupancy which have the effect of excluding families or students; and

I. Refuse to rent to a family or student on the basis of the actual or potential number of tenants if the total number of persons does not exceed the occupancy requirements set forth in Section 503 of the Uniform Housing Code 1979 edition as adopted by Chapter 19.32 of the Berkeley Municipal Code or amendments or successor’s thereto. (Ord. 5655-NS § 1 (part), 1985)

In residential buildings otherwise covered by this chapter, where the owner has publicly established and carried out a legally valid policy of renting exclusively to elderly persons, said owner or any person enumerated in Section 13.24.030 hereinabove shall be exempt from the provisions of this chapter as to families with minor children; provided, however, that deviation from or abandonment of said policy shall automatically subject said owner to all the provisions of this chapter. (Ord. 5655-NS § 1 (part), 1985)

This chapter shall not prohibit the owner of any housing accommodation from requiring the same financial obligation of prospective tenants who are pregnant, with children or who is a student as the landlord requires of prospective tenants who are not pregnant, without children or not of student status. However, no discrimination in the amount or manner of payment of said financial obligations shall be permitted. (Ord. 5655-NS § 1 (part), 1985)

The City Attorney may bring an action for injunctive relief where there is reason to believe there has been a violation of the provision of this chapter. (Ord. 5655-NS § 1 (part), 1985)

Any person who violates the provisions of this chapter shall be liable to each person injured by such violation for reasonable attorney’s fees and costs as determined by the court, plus damages in the amount of the higher of treble the amount of actual damages or a minimum of five hundred dollars. (Ord. 5655-NS § 1 (part), 1985)

Any person who believes that they have been discriminated against pursuant to the provisions of this chapter shall have the right to file an action for injunctive relief and/or damages. (Ord. 5655-NS § 1 (part), 1985)

Any person who is found by a court of competent jurisdiction to be guilty of a willful violation of the provisions of this chapter shall be guilty of a misdemeanor as set forth in Chapter 1.20 of this code. (Ord. 5716-NS § 3 (part), 1986; Ord. 5655-NS § 1 (part), 1985)

The civil remedies provided for by this chapter shall be in addition to any other civil or criminal remedy available pursuant to local, state or federal law. (Ord. 5655-NS § 1 (part), 1985)

The Assistant City Manager for the Planning and Community Development Department shall receive complaints of discrimination prohibited under the provisions of this chapter and provide an annual report to the City Council regarding such complaints prior to October 31 of each year. (Ord. 5655-NS § 1 (part), 1985)

Each July the Assistant City Manager for the Planning and Community Development Department shall send information describing the provisions of this chapter to the housing office of the University of California, the associated students of the University of California, and to all daily newspapers published in Berkeley. (Ord. 5655-NS § 1 (part), 1985)