Claremont Municipal Code Ch. 8.35 Prohibition of Harassment in Rental Housing

It is in the public interest that tenants and landlords are free from harassment that impacts their ability to obtain or provide rental housing in the City of Claremont.

The purpose of this chapter is to fill gaps in existing protections provided to both residential tenants and landlords under State, Federal, and local laws to prohibit and deter harassment in connection with rental housing, including single-family residences and condominiums. This chapter provides an aggrieved tenant or landlord with a private right of action and provides an aggrieved tenant with an affirmative defense in eviction, ejectment, and other actions.

It is the City's intent that its residential tenants and landlords be afforded the strongest protections available under the law. If any other governmental entity (including, without limitation, the United States Government, the State of California, and the County of Los Angeles) adopts stronger anti-harassment protections that apply to residential tenants and/or landlords in the City of Claremont, then the stronger protections shall prevail, and the City shall not enforce conflicting protections in this chapter.

(2025-05, 5/27/2025)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.

"Landlord"

means any owner, lessor, sublessor, manager, and/or person, including any firm, corporation, partnership, or other entity, having any legal or equitable right of ownership or possession or the right to lease or receive rent for the use and occupancy of a rental unit, and whether acting as principal or through an agent or representative or successor of any of the foregoing.

"Rental unit"

means any building, structure, or portion thereof that is rented or offered for rent for living, dwelling, and/or human habitation purposes. The term "rental unit" includes the land and buildings appurtenant to the premises being offered for living, dwelling, and/or human habitation purposes, and all housing services, privileges, furnishings, and facilities supplied in connection with the use or occupancy thereof, including garage and parking facilities.

"Tenant"

means any tenant, subtenant, lessee, sublessee, or any other person entitled to reside in a rental unit within the City of Claremont.

(2025-05, 5/27/2025)

Tenant harassment is prohibited. Tenant harassment is defined as a landlord's knowing and willful course of conduct directed at a specific tenant or tenants that causes detriment and harm, and that serves no lawful purpose, including, but not limited to, the following actions:

A. Reducing or eliminating housing services required by a lease, contract, or law, including the elimination of parking if provided in the tenant's lease or contract except when necessary to comply with a court order or local, State, or Federal law, or to create an accessory dwelling unit or additional housing.

B. Failing to perform and timely complete necessary repairs and maintenance required by local, state, or federal housing, health, or safety laws; or failure to follow applicable local, State, or Federal laws to minimize exposure to noise, dust, lead paint, asbestos, or other building materials with potentially harmful health impacts.

C. Abusing the right of access into a rental unit as established and limited by California Civil Code Section 1954, including entering, photographing, or filming portions of a rental unit that are beyond the scope of a lawful entry or inspection. If a landlord needs to enter a tenant's rental unit in accordance with California Civil Code Section 1954, the landlord shall limit the access to a four-hour period unless the work the landlord is performing requires a longer period, and the landlord shall attempt to schedule the entry at a time that is mutually convenient for the tenant. This subsection shall not prevent a landlord from taking photographs of a rental unit that are authorized or required by California Civil Code Section 1950.5.

D. Threatening a tenant, by word or gesture, with physical harm.

E. Misrepresenting to a tenant that the tenant is required to vacate a rental unit or enticing a tenant to vacate a rental unit through an intentional misrepresentation or through intentional concealment or intentional omission of a material fact.

F. Threatening or taking action to terminate any tenancy including service of any notice to quit or other eviction notice or bringing action to recover possession of a rental unit based on one or more facts which the landlord either knows to be false or could have determined through reasonable diligence were false. No landlord shall be liable under this subsection for bringing an action to recover possession of a rental unit unless and until the tenant has obtained a favorable termination of that action.

G. Threatening to engage or engaging in any act or omission which renders the rental unit unfit for human habitation and occupancy.

H. Refusing to acknowledge or accept receipt of lawful rent payments of rent or other charges as set forth in the lease agreement or as established by the usual practice of the parties or applicable law.

I. Inquiring as to the immigration or citizenship status of a tenant, prospective additional tenant, occupant, or prospective additional occupant of a rental unit, or requiring any of these people to make any statement, representation, or certification concerning their immigration or citizenship status.

J. Disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of a tenant, whether in retaliation for engaging in legally protected activities, to influence them to vacate the rental unit, or for any other reason. No landlord shall be liable under this subsection for disclosing information pursuant to a lawful court order.

K. Retaliating, threatening to retaliate, or interfering with tenant organizing activities, including forming or participating in tenant associations and unions.

L. Demanding information from a tenant that violates the tenant's right to privacy, including, but not limited to, demanding disclosure of the tenant's residency or citizenship status or social security number, except as authorized by law.

M. Other repeated intentional acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of a tenant(s) and that cause, are likely to cause, or are committed with the objective to cause a tenant(s) to surrender or waive any rights in relation to such tenancy.

(2025-05, 5/27/2025)

Landlord harassment is prohibited. Landlord harassment is defined as a tenant's knowing and willful course of conduct directed at a landlord that causes detriment and harm, and that serves no lawful purpose, including, but not limited to, the following actions:

A. Threatening the tenant's landlord, by word or gesture, with physical harm.

B. Threatening to engage or engaging in any intentional act or omission which renders the tenant's rental unit or any other rental unit in the same building or complex of commonly-owned buildings unfit for human habitation and occupancy.

C. Disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of the tenant's landlord for any other reason. No tenant shall be liable under this subsection for disclosing information pursuant to a lawful court order.

D. Other repeated intentional acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of the landlord or one or more other tenant(s) in the same building or complex of commonly-owned buildings and that cause, are likely to cause, or are committed with the objective to cause the landlord or other tenant(s) to remove one or rental units from the market or surrender or waive any rights in relation to such tenancy.

(2025-05, 5/27/2025)

Tenant-on-tenant harassment is prohibited. Tenant-on-tenant harassment is defined as a tenant's knowing and willful course of conduct directed at a another tenant of the same building or complex of commonly-owned buildings that causes detriment and harm, and that serves no lawful purpose, including, but not limited to, the following actions:

A. Threatening another tenant, by word or gesture, with physical harm.

B. Threatening to engage or engaging in any intentional act or omission which renders another tenant's rental unit unfit for human habitation and occupancy.

C. Disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of another tenant, whether in retaliation for engaging in legally protected activities, to influence them to vacate the rental unit, or for any other reason. No tenant shall be liable under this subsection for disclosing information pursuant to a lawful court order.

D. Other repeated intentional acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of one or more other tenant(s) and that cause, are likely to cause, or are committed with the objective to cause one ore more other tenant(s) to surrender or waive any rights in relation to such tenancy.

(2025-05, 5/27/2025)

A tenant may use the protections afforded in this chapter as an affirmative defense in unlawful detainer, ejectment, and other actions when their landlord engages in actions constituting tenant harassment as defined in this article and other applicable laws.

(2025-05, 5/27/2025)

A. Private Right of Action. An aggrieved tenant or landlord under this chapter, or any person, organization, or entity who will fairly and adequately represent the interests of one or more aggrieved tenants or landlords under this chapter, may institute civil proceedings as provided by law, against any tenant or landlord violating any of the provisions of this chapter and any person who aids, facilitates, and/or incites another to violate the provisions of this chapter, regardless of whether a rental unit remains occupied or has been vacated or removed from the rental market due to harassment.

B. Remedies.

1. A tenant or landlord prevailing in court under this chapter may be awarded compensatory damages, rent refunds for reduction in housing services (for tenants), reasonable attorney's fees and costs, imposition of civil penalties up to $10,000 per violation depending upon the severity of the violation, tenant relocation, and other appropriate relief, as adjudged by the court. For the purposes of awarding reasonable attorney's fees and costs, a tenant or landlord prevailing in court includes a tenant or landlord who successfully defends a civil action filed pursuant this chapter.

2. If a tenant or landlord prevailing under this chapter is older than 65 years or disabled when any of the harassing conduct occurred, the court may impose additional civil penalties up to $5,000 per violation depending upon the severity of the violation.

3. Any tenant or landlord violating any of the provisions of this chapter, and any person who aids, facilitates, and/or incites another to violate the provisions of this chapter may be enjoined therefrom by a court of competent jurisdiction.

4. The remedies in this section are not exclusive nor do they preclude any tenant or landlord from seeking any other remedies, penalties and punitive damages, as provided by law.

C. Advance Written Notice. A civil proceeding or small claims case initiated under this chapter alleging any violation of this chapter may only be commenced after the tenant or landlord provides advance written notice to the landlord or tenant of the alleged violation, and the recipient of the notice fails to respond to the notice and/or take corrective action upon receipt of such written notice. For the purpose of this subsection, corrective action shall mean immediately ceasing any action that constitutes harassment (such as threats of physical harm or retaliation) and making diligent progress towards addressing any conditions that constitute harassment (such as completing necessary repairs).

(2025-05, 5/27/2025)

Nothing in this chapter shall be construed as preventing lawful evictions of a tenant by appropriate legal means.

(2025-05, 5/27/2025)

If any provision of this chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this chapter which can be implemented without the invalid provisions, and to this end, the provisions of this chapter are declared to be severable. The City Council hereby declares that it would have adopted this chapter and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.

(2025-05, 5/27/2025)