Marin County Municipal Code Ch. 5.52 Prohibition of Discrimination in Rental Housing Against Families With…

Housing is a fundamental necessity of life. It is against the public policy of the county for anyone to discriminate against persons based upon their age, parenthood, pregnancy or the potential or actual tenancy of a minor child in rental housing.

(Ord. 3017 § 1 (part), 1989)

For the purpose of this chapter, the following definitions shall apply:

(1) "Housing accommodation" means any residential rental units consisting of one or more rooms in which cooking and bathing facilities are available.

(2) "Minor child" means any person who has not attained the age of eighteen years.

(3) "Rental office" includes the dwelling unit of a residential-manager if they receive in-person inquiries on the rental or leasing of housing accommodations.

(4) "Senior citizen" means persons sixty-two years of age or older, or persons fifty-five years of age or older in a senior citizen housing development.

(Ord. 3017 § 1 (part), 1989)

It is unlawful for any person who has a housing accommodation for rent or lease, or any agent or employee of such person, to do or attempt any of the following:

(1) 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;

(2) 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 a housing accommodation is, in fact, available;

(3) 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;

(4) Include in any rental agreement or lease for a housing accommodation, a clause or condition which provides that, as a condition on 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;

(5) After making a bona fide offer, refuse to rent or to negotiate for the rental of, or otherwise make unavailable or deny, housing accommodation to any person because of the potential tenancy of a minor child;

(6) Refuse to rent, lease or sell a dwelling unit on the basis of the number or age of the prospective occupants, if the total number of prospective occupants will not exceed two persons per bedroom, plus one person per unit. All occupancy limitations shall be uniformly imposed and conspicuously posted on the premises;

(7) Evict or otherwise demand surrender of a housing accommodation from any person because of age, parenthood, pregnancy or presence of a minor child;

(8) Charge additional rent, surcharges, deposits or other fees based upon the number of persons living in a housing accommodation regardless of whether such persons are adults or minor children;

(9) Misrepresent that a rental unit is not available on the basis of the number of occupants or the ages, parenthood or family composition of prospective tenants;

(10) Modify standard minimum income requirements on the basis of age, parenthood, pregnancy, or the actual or potential tenancy of a minor child;

(11) Discriminate against any person on 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;

(12) Establish rules for, or conditions of, occupancy of a dwelling unit which have the effect of discriminating against families with children, unless it is shown that such rules are justified and are the least restrictive means available to accomplish the legitimate purpose of the rules.

(Ord. 3017 § 1 (part), 1989)

This chapter shall not apply to:

(1) A housing project or development where the owner has publicly established and implemented a policy of renting exclusively to senior citizens and their spouses. Deviance from or abandonment of that policy shall automatically terminate this exemption and subject the owner to all of the provisions of this chapter;

(2) Any state-licensed nursing home, convalescent home, or community care facility;

(3) Any housing accommodation occupied by a tenant who subleases any portion of that accommodation to another tenant;

(4) Any housing accommodation within the ambit of Section 51.3 of the Civil Code;

(5) A mobilehome park which has established a rule or regulation which limits residence to senior citizens only in accordance with Civil Code Section 798.76 and the Fair Housing Amendments Act of 1988 (H.R. 1158).

(Ord. 3017 § 1 (part), 1989)

This chapter shall not prohibit the person having the right to rent or lease the premises from requiring the same rents, deposits, fees or charges of prospective adult tenants with minor children as he or she may require of adult tenants without children. However, any discrimination in the amount or manner of payment of said rent, deposits, fees or charges is unlawful.

(Ord. 3017 § 1 (part), 1989)

Every person who maintains a rental office in the county, whether or not at the site of a housing accommodation offered for rent or lease, shall post and maintain, or cause to be posted and maintained in or near such unit a sign complying with the provisions of this section. Property owners and/or their agents will sign off with the designated county agency upon receipt of the ordinance poster and shall post it in a conspicuous place. The sign shall be multilingual and shall at a minimum, contain the following statements:

(1) Housing discrimination against families with children is illegal.

(2) Such discrimination is a violation of Chapter 5.52 of the Marin County Code.

(3) Persons wishing further information may contact the resident services office or the Fair Housing Program of Marin County.

In cases in which a rental office is not maintained, each prospective tenant shall be given a document containing this information.

(Ord. 3439 § 4, 2006: Ord. 3017 § 1 (part), 1989)

(1) Violation of this chapter shall be an infraction.

(2) Injunctive Relief. Any person who commits or proposes to commit an action in violation of the chapter may be enjoined therefrom by any court of competent jurisdiction. Any action taken for injunctive relief under this chapter, or other civil remedy, may be brought by an aggrieved person or organization, or by a law enforcement agency and would include reimbursement of reasonable attorney fees.

(Ord. 3017 § 1 (part), 1989)

After two years from the date of passage, the ordinance codified in this chapter will be reviewed by the board of supervisors to determine whether it has met its stated objectives.

(Ord. 3017 § 1 (part), 1989)