Chapter 5.30 — TENANT ANTI-DISCRIMINATION PROTECTION RIGHTS

(a)

Housing is an essential requirement for all residents of an urban area. Policy 4.6.a. of the town of Corte Madera general plan states: "Work to ensure that individuals and families seeking housing in Corte Madera are not discriminated against on the basis of age, sex, family structure, national origin, or other arbitrary/factors." Town policies are consistent with state housing law, and the state legislature has declared, in part, that "the availability of housing is of vital statewide importance..."

(b)

The Marin Housing Authority, which administers the Section 8 rent subsidy program, reports a shortage of landlords participating in the Section 8 program, that many Corte Madera tenants are on the waiting list for Section 8 rental assistance, and that many tenants who qualify for Section 8 rental assistance are unable to benefit from it because of the unavailability of participating landlords.

(c)

Accordingly, the purpose of this chapter is to encourage landlords to participate in the Marin County Housing Authority Section 8 rent subsidy program and to establish a right of existing tenants to be free of certain discrimination based on their use of a rental subsidy.

(Ord. 858 § 1, 2000)

It is unlawful for the owner or manager of rental housing to discriminate against an existing tenant on the basis of that tenant's use of a Section 8 rent subsidy. It is a violation of this prohibition for a property owner or manager to refuse to accept a Section 8 rent subsidy for which an existing tenant qualifies, or to terminate the tenancy of an existing tenant based on the property owner's or manager's refusal to participate in a Section 8 rent subsidy program for which an existing tenant has qualified.

(Ord. 858 § 2, 2000)

Nothing in this chapter shall be construed to apply to rental or leasing of any housing unit located in a structure or on the same property containing ten or fewer dwelling units.

(Ord. 858 § 3, 2000)

(a)

A person whose rights have been violated under this chapter may not commence a civil action to enforce those rights unless he or she has first offered to mediate the controversy. The complainant's obligations under this section shall be met if the complainant (1) offers to mediate the controversy under the auspices of Marin County Mediation Services, Fair Housing of Marin, or any free mediation service that the town may establish for this purpose in the future, and (2) mediates in good faith. The complainant's obligations under this section shall be deemed satisfied if the opposing party does not agree to mediation within fourteen days after being requested to mediate, or if no mediated resolution is reached within thirty days after being requested to mediate, despite the complainant's good faith efforts.

(b)

If a complaint of discrimination under this chapter is not resolved through mediation, and the complainant has complied with his or her responsibilities under subsection A of this section, the complainant has the right to initiate a civil action for damages and injunctive relief. The litigating complainant shall file a courtesy copy of the lawsuit with the town's director of environmental services.

(Ord. 858 § 4, 2000)

(a)

The town shall not be liable for any damages, costs, or expenses which are the result of any act or omission of or any decision made by any person (e.g., mediator, arbitrator, or court) concerning an anti- discrimination right claim or a complainant's assertions pertaining to rights granted or conferred by this chapter.

(b)

Under no circumstances shall the town have any responsibility or liability to enforce this chapter or to seek any legal redress, civil or criminal, for any decision it or any other person makes concerning an anti- discrimination claim.

(c)

Violations of this chapter shall not constitute a crime.

(Ord. 858 § 5, 2000)