Los Angeles Municipal Code Art. 5.5 Prohibition Against Discrimination in Housing Based on Age

(Added by Ord. No. 153,406, Eff. 3/8/80.)

After public hearing and receipt of testimony, the City Council finds and declares:

That arbitrary discrimination against tenants on the basis of age, parenthood, pregnancy, and potential or actual tenancy of a minor child exists in the City of Los Angeles;

That the existence of such discrimination poses a substantial threat to the public health and welfare of large segments of the population;

That there is a shortage of decent, safe, and sanitary housing in the City of Los Angeles, resulting in a critically low vacancy factor;

That such discrimination has an overall detrimental effect upon the composition of the City, that it encourages the flight of families from the City of Los Angeles, and results in the decline of stable, intergenerational neighborhoods, the preservation of family life within the City, and the reduction of social and recreational services for children and their families;

That such discrimination cuts across all racial, ethnic, and economic lines, and falls most heavily on minority and single parent families with children;

That it is consistent with the Housing Element of the General Plan to promote and ensure equal opportunities for all persons regardless of age or family composition in rental housing in the City;

That because housing is a fundamental necessity of life, it is against the public policy of the City of Los Angeles to discriminate in rental housing upon the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child.

(Added by Ord. No. 153,406, Eff. 3/8/80.)

A. Elderly persons: Persons 62 years of age or older.

B. Housing accommodation. (Amended by Ord. No. 155,933, Eff. 10/21/81.)

(1) Any residential rental unit consisting of one or more rooms in which cooking facilities are available; or

(2) Any space within a mobilehome park or trailerpark used for a structure or vehicle for human habitation. For purposes of this article, a mobilehome park or trailerpark is defined as an area of land where one or more spaces are rented or leased, or held out for rent or lease, for structures or vehicles for human habitation.

C. Minor child: Any natural person under the age of 18 years.

D. Person: Any individual, firm, partnership, joint venture, association, corporation, estate, or trust.

(Added by Ord. No. 153,406, Eff. 3/8/80.):

It shall be unlawful for any person having a housing accommodation for rent or lease, or 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, refuse to negotiate for the rental or lease of a housing accommodation, or otherwise deny to or withhold from, any person or persons, a housing
accommodation on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child.

B. Discriminate against any person in the terms, conditions, or privileges of the rental or lease of a housing accommodation, or in the provision of services, facilities, or benefits, in connection therewith, on the
basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child. However, nothing herein shall preclude any person from imposing restrictions on the use of common areas, facilities, and
services which are reasonably necessary to protect the health and safety of a minor child.

C. Represent to any person on the basis of age, parenthood, pregnancy, or the potential or actual tenancy of a minor child that a housing accommodation is not available for inspection, rental, or lease when such
housing accommodation is, in fact, available.

D. 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 age, parenthood, pregnancy, or the potential or actual tenancy of a minor child.

E. Include in any rental agreement or lease for a housing accommodation, a clause or condition providing that as a condition of continued tenancy, the tenants shall remain childless or shall not bear children or
otherwise not maintain a household with a person of a certain age.

(Added by Ord. No. 153,406, Eff. 3/8/80.)

Nothing contained in this article shall apply to or be construed:

A. To affect a housing project or development owned by a nonprofit corporation during such period of time as it is operated exclusively for elderly persons and their spouses (including, but not limited to, housing accommodations subsidized under the Section 8 of the Housing Act of 1974 and Section 202 of the Housing Act of 1959 federal housing programs). B. To affect any state licensed nursing home, convalescent home, or community care facility.

C. To affect any housing project or development whose combined total number of housing accommodations exceeds 250 in number, whether located on the same or on one or more contiguous parcels of property, if greater than 50% of the housing accommodations are rented to elderly persons and their spouses, provided that no less than 25% of its total housing accommodations are designated for rental or lease to tenants with a minor child or children. The person owning or having authorized control of the rental housing project or development shall have discretion to determine the location of those housing accommodations to be designated for tenants with a minor child or children. (Redesignated Subsec. “C” by Ord. No. 153,942, Eff. 7/1/80.)

(Added By Ord. No. 153,406, Eff. 3/8/80.)

This article shall not prohibit the person having a housing accommodation for rent or lease or any authorized agent or employee of such person from requiring the same financial obligation from all prospective tenants. However, no discrimination in the amount or manner of payment of said financial obligation shall be permitted based upon age, parenthood, pregnancy, or the potential or actual tenancy of a minor child.

(Added by Ord. No. 153,406, Eff. 3/8/80.)

A. Any person who violates the provisions of this article shall be liable for actual damages, if any, with regard to each and every such violation and such additional amount as may be determined by a jury, or the court sitting without a jury, up to three times the amount of actual damages or three times an amount equal to one month’s rent of the housing accommodation involved, whichever is greater, as well as reasonable attorneys’ fees and costs of litigation.

B. Violations of any of the provisions of this article shall not constitute a misdemeanor or infraction.