Martinez Municipal Code Ch. 22.85 Tenant Anti-Harassment Protections

The purpose of this Chapter is to:

A. Deter harassing or retaliatory behavior against Tenants by Landlords, to encourage Landlords to follow the law and uphold their responsibility to provide habitable rental properties, and to give Tenants additional legal recourse against a Landlord who engaged in harassment or retaliation; and

B. Reduce informal evictions and displacement of Tenants, particularly extremely low-, acutely low-, very low-, and low-income; undocumented; and/or limited English-speaking residents, due to harassing or retaliatory behavior by their Landlord.

(Ord. No. 1484, 6/3/2026)

No landlord, acting in bad faith, shall engage in any of the following acts, omissions, or courses of conduct directed at a specific tenant or tenant(s), each of which shall constitute harassment:

A. Quiet Enjoyment. Violate or threaten to violate the covenant of quiet enjoyment provided under California Civil Code Section 1927, including, without limitation:

1. Bring, or threaten to bring, an action to recover possession of the Rental Unit. A Landlord shall only be liable under this paragraph for bringing an action to recover possession of a Rental Unit where the three requirements for malicious prosecution are satisfied: (i) the Tenant has obtained a favorable termination of or final judgment in that action, (ii) the action is based upon facts which the Landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Landlord, and (iii) malice;

2. Interrupt, reduce, terminate, eliminate, or fail to provide Housing Services required by lease, contract, or by State, County, or local housing, health, or safety laws, or threaten to do so, except when necessary to comply with a court order, local or State law, or to complete necessary repairs or maintenance to the Rental Unit where the duration of any disruption shall be minimized to the extent feasible. Failure to provide housing services shall include transferring costs to the Tenant that by law are paid by the Landlord, or charging tenant for Housing Services that were not previously charged to that Tenant under their Rental Housing Agreement;

3. Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in California Civil Code Section 1980 et seq. (disposition of Tenant's property after termination of tenancy);

4. Cause, directly or indirectly, the interruption or termination of any utility service furnished the Tenant, including, but not limited to, water, heat, lights, electricity, gas, telephone, elevator, or refrigeration, except to complete necessary repairs or maintenance to the Rental Unit where the duration of any disruption shall be minimized to the extent feasible;

5. Engage in conduct or threaten to engage in conduct that violates California Civil Code Section 789.3, including, but not limited to, an illegal lockout and utility shutoff; and/or

6. Unilaterally impose or require an existing Tenant to agree to new material terms of tenancy or a new Rental Housing Agreement, unless: (a) the change in the terms of the tenancy is authorized by California Civil Code Section 1946.2(f), 1947.5, or 1947.12, or required by Federal, State, or local law or regulatory agreement with a government agency; or (b) the change in the terms of the tenancy was accepted in writing by the Tenant after receipt of written notice from the Landlord that the Tenant need not accept such new term as part of the Rental Housing Agreement.

B. Habitability.

1. Fail to perform and timely complete necessary repairs and maintenance required by Federal, State, County, or local housing, health, or safety laws;

2. Fail to follow applicable industry standards to minimize exposure to noise, dust, lead paint, asbestos, or other building materials with potentially harmful health impacts;

3. Fail to exercise due diligence in completing repairs once undertaken;

4. Fail to timely comply with any notice and order to correct a violation issued by the City;

5. Violate the warranty of habitability provided under California Civil Code Sections 1941 and 1941.1; and/or

6. Violate the habitability standards in California Health and Safety Code Sections 17920.3 and 17920.10.

C. Access. Abuse the right of access into residential real property as established by California Civil Code Section 1954, which abuse includes, without limitation:

1. Entry for inspections that are not allowed by State law or are unrelated to necessary repairs, maintenance, or services;

2. Entry or demands for entry at times outside normal business hours except as requested by the Tenant or otherwise permitted by California Civil Code Section 1954;

3. Entry contrary to a Tenant's reasonable request to change the date or time of entry; provided, however the Tenant shall make such request within 12 hours from delivery of the notice of entry if the owner has hired a third party to perform necessary repairs or services;

4. Entry to show the Rental Unit to a prospective or actual purchaser if the Landlord has not, within 120 days after providing the oral notice permitted by California Civil Code Section 1954(d)(2), notified the Tenant in writing that the Property is for sale and that the Tenant may be contacted to allow for an inspection;

5. Misrepresenting the reasons for accessing the Rental Unit or the Property as stated on the notice of entry, such as using the right of access to collect evidence against the Tenant;

6. Entry that fails to provide the approximate time window for the entry or provides a time window that is unreasonably excessive in time;

7. Failing to timely notify the Tenant, on more than one occasion, that entry into the Rental Unit or Property for which Tenant was previously given notice has been cancelled; and/or

8. Entries that are excessive in number with respect to the reason stated on the notice of entry.

D. Privacy. Violate or interfere with a Tenant's right to privacy, such as:

1. Request information or inquire about information regarding the Tenant's residence or citizenship status or Social Security Number, except as required by law or, in the case of a Social Security Number, for the purpose of obtaining information for the qualifications for a tenancy, and/or credit history. This includes a refusal to accept equivalent alternatives to information or documentation that does not concern immigration or citizenship status, such as an Individual Taxpayer Identification Number ("ITIN");

2. Release of any of the information outlined in subsection D.1 except as required or authorized by law;

3. Request information regarding the Tenant's relationship or marital status in violation of State or Federal law;

4. Unreasonably inquire into a Tenant's non-public criminal history;

5. Impose or enforce unreasonable restrictions on or inquire into overnight guests;

6. Take photographs or record video or audio that capture(s) the interior of a Tenant's Rental Unit or other areas of the Property and/or the Rental Unit where the Tenant is entitled to a reasonable expectation of privacy without the Tenant's permission; and/or

7. Enter, take photographs, or otherwise record portions of a Rental Unit that are beyond the scope of a lawful entry or inspection as stated on the notice of entry.

E. Forced Vacation; Misrepresentation.

1. Misrepresent to a Tenant that the Tenant is required to vacate a Rental Unit, or entice a Tenant to vacate a Rental Unit through an intentional misrepresentation or the concealment or omission of a material fact;

2. Provide materially false written or verbal information regarding applicable federal, state, county, or local Tenant protections, including deliberate mischaracterization of the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, violating the California Translation Act (California Civil Code Section 1632) or demanding that a Tenant enter a rent repayment plan to take advantage of Tenant protection laws that do not require such plans;

3. Threaten a Tenant or their guest, by word or gesture, with physical harm;

4. Attempt to coerce a Tenant to vacate with offer(s) of payments, including, but not limited to, offering payments to a Tenant to vacate more than once in any six-month period after the Tenant has notified the Landlord in writing that the Tenant does not desire to receive further offers of payments to vacate;

5. Influence or attempt to influence a Tenant to vacate a Rental Unit through fraud, intimidation, or coercion, including without limitation, disclosing or threatening to disclose to any person or entity information regarding the immigration or citizenship status of a Tenant or other person known to be associated with the Tenant;

6. Influence or attempt to influence a Tenant to vacate a Rental Unit by threatening to disclose information about a Tenant to any government entity unless required by law;

7. Otherwise violate California Civil Code Section 1940.2 and/or Section 1940.35; and/or

8. Remove or eliminate a Housing Service for the purpose of causing the Tenant to vacate the Rental Unit.

F. Rent Payments.

1. Refuse to accept or acknowledge receipt of a Tenant's lawful rent payment (including, but not limited to, revoking a Tenant's access to an online rent payment portal without providing a suitable alternative) except as such refusal may be permitted by state law after a notice to quit has been served on the Tenant and the time period for performance pursuant to the notice has expired;

2. Refuse to cash a rent check or money order for over 30 days unless a written receipt for payment has been provided to the Tenant, except as such refusal may be permitted by state law after a notice to quit has been served on the Tenant and the period for performance pursuant to the notice has expired;

3. Fail to provide a receipt to a Tenant for Rent or other payment after the Tenant has requested a receipt in violation of California Civil Code Section 1499 and California Code of Civil Procedure Section 2075; and/or

4. Fail to allow a Tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer, except where otherwise permitted by California Civil Code Section 1947.3(a)(2).

G. Discrimination.

1. Violate any law which prohibits discrimination against the Tenant based on race, gender identity or expression, sexual orientation, ethnic background, national origin, religion, age, parenthood, marital status, pregnancy, medical condition or disability, genetic condition, human immunodeficiency virus ("HIV")/acquired immune deficiency syndrome ("AIDS"), family status, military or veteran status, source of income, or any other protected characteristic;

2. Make a sexual demand on a Tenant for the Tenant to obtain needed maintenance on the Rental Unit, or to obtain a rent concession or additional Housing Service(s), or to avoid an eviction, or make other quid pro quo sexual demands on a Tenant;

3. Subject a Tenant to unwelcome touching, kissing, or groping, make unwelcome comments about a Tenant's body, send a Tenant unwelcome, sexually suggestive texts, enter the Rental Unit except as permitted in subsection C (Access), or engage in other actions that create a hostile environment;

4. Violate the Unruh Civil Rights Act (California Civil Code Section 51 et seq.); and/or

5. Commit elder financial abuse (as defined by California Welfare and Institutions Code Section 15610.30 et seq.) of a Tenant.

H. Tenant Organizing; Tenant Unions. Interfere with the right of Tenants to do any of the following:

1. Organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection including concerns regarding repairs and maintenance, rent amounts or rent increases, evictions, discrimination, or harassment, regardless of whether the Tenants share the same Landlord or management company;

2. Convene Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Housing Agreement(s);

3. Contact other Tenants and offer such Tenants literature informing them of their rights and opportunities to involve themselves in Tenant organizing or Tenant union activities;

4. Distribute and post such literature on bulletin boards or other areas that the owner has designated for Tenant use or free speech activities; and/or

5. Exercise their rights under California Civil Code Section 1942.6, and/or providing access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at the property.

I. Other Acts.

1. Repeated violations of the California Translation Act (California Civil Code Section 1632);

2. Force a Tenant to vacate their Rental Unit and reregister to avoid classification as a Tenant under California Civil Code Section 1940.1. Forced vacation can be implied from the totality of the circumstances; and/or

3. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy.

(Ord. No. 1484, 6/3/2026)

A. Retaliation; Protected Activities Defined. No Landlord shall retaliate against a Tenant, including threatening to bring, or bringing, an action to recover possession, serving any notice of termination of tenancy, taking any action to increase the Rent or reduce one or more Housing Services, causing the Tenant to involuntarily quit the Rental Unit, or discriminating against the Tenant, because of the Tenant's use of assertion of any rights or use of any remedy provided by this Chapter, or because of the Tenant's engagement in one or more of the following activities:

1. Requesting repairs or maintenance that are the obligation of the Landlord pursuant to Federal, State, County or local law;

2. Complaining about the condition of their Rental Unit, including the presence of unsafe or illegal living conditions, to a government agency, such as, but not limited to, a building or health inspector;

3. Filing a complaint about Housing Code breaches or violations;

4. Exercising a legal right allowed by State or local law, such as withholding the Rent for an uninhabitable unit or repairing and deducting the cost of reasonable repairs from Rent as authorized by Civil Code Section 1942;

5. Creating and/or associating with Recognized Tenants Organizations or individuals involved with Tenant advocacy;

6. Organizing as Tenants and/or engaging in concerted activities with other Tenants for the purpose of mutual aid and protection;

7. Providing access to Tenant organizers, advocates, or representatives working with or on behalf of Tenants living at the property;

8. Convening Tenant or Tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Housing Agreement;

9. Distributing and posting literature in common areas, including lobby areas and bulletin boards, informing other Tenants of their rights and of opportunities to participate in organized Tenant activities;

10. Requesting a reasonable accommodation to the Landlord's policies or practices or reasonable modification of the Rental Unit and/or Property as authorized by Federal or State law;

11. Posting or displaying political signs relating to an election or legislative vote (including an election of a candidate to public office), the initiative, referendum or recall process, or issues that are before a public commission, public board, or elected local body for vote, unless the Tenant violates the limitations set forth in California Civil Code Section 1940.4(c) and (d), including, but not limited to, that the posting or displaying violates local, State, or Federal law;

12. Asserting their rights under the California Translation Act (California Civil Code Section 1632), including, but not limited to, requesting copies of Rental Housing Agreements, lease addendums, and rent increase notices in their primary language; or

13. Summoning law enforcement assistance or emergency assistance as, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency.

B. Landlord Liability for Unlawful Detainer Actions. A Landlord shall only be liable pursuant to this Section for bringing an action to recover possession of a Rental Unit where the three requirements for malicious prosecution are satisfied: (1) the Tenant has obtained a favorable termination of or final judgment in that action; (2) the action is based upon facts which the Landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Landlord; and (3) malice

C. Rebuttable Presumption. A Tenant may assert retaliation affirmatively or as a defense to the Landlord's action regardless of the elapsed time between the Tenant's assertion of or exercise of rights under this Chapter or under Federal or State law and the alleged act of retaliation. However, proof of exercise or assertion by the Tenant of rights within 180 days prior to Landlord's alleged act of retaliation shall create a rebuttable presumption that the Landlord's act was retaliatory.

(Ord. No. 1484, 6/3/2026)

The Landlord of any Rental Unit(s) in the City must comply with the following notice requirements at the commencement of any tenancy:

A. On or before the date of commencement of a tenancy, the Landlord shall give the Tenant a written notice in a form prepared and authorized by the City which must include the following information:

1. A summary for the existence and scope of this Chapter;

2. Information for at least one local tenant legal services organization;

3. The web address for the City website where information is provided regarding the protections in this Chapter; and

4. If applicable, a summary of any other tenant protections in the City (e.g., rent stabilization, just cause, relocation assistance).

B. The Landlord must give the initial notice to the Tenant in the language that was used to negotiate the terms of the tenancy or in another language if requested by the Tenant, provided that a translation of the notice into this language has been made available by the City.

C. For every Property containing Rental Units subject to this Chapter, the Landlord shall also either: (1) post a copy of the notice described in subsection A in a conspicuous location, such as in the lobby of the Property, near a mailbox used by Tenants, or in or near the entrance to the Property; and/or (2) provide the notice to each Tenant by certified mail, return receipt requested, or equivalent. The notice shall be posted in English and any other languages in which the City provides the notice.

D. For existing Tenants on the effective date of this Chapter or any amendment thereof, a Landlord shall deliver to each existing tenant the written notice required by this Section within 30 days of such effective date.

(Ord. No. 1484, 6/3/2026)

A. Affirmative Defense. A Landlord's violation of this Chapter shall constitute a complete defense to unlawful detainer or to any other action brought by the Landlord to recover possession of the Rental Unit.

B. Civil Action. An aggrieved Tenant or the City may institute civil proceedings as provided by law, against any Landlord who violated this Chapter and/or against any person who aids, facilitates, and/or incites another to violate such provisions, regardless of whether the Rental Unit remains occupied or has been vacated due to the harassment or retaliation. The burden of proof in such cases shall be preponderance of the evidence.

C. Damages and Monetary Awards.

1. Any person who violates, or aids, facilitates, or incites another person to violate this Chapter is liable in a court action for each and every such offense for money damages of not less than three times the actual damages suffered by an aggrieved Tenant (including damages for mental or emotional distress), or for the minimum damages in the sum of $1,000 for each violation, whichever is greater, or whatever other relief the court deems appropriate, and shall be liable for such attorney's fees and costs as may be determined by the court.

2. In the case of an award for damages for mental or emotional distress, said award shall be trebled only if the trier of fact finds that the defendant acted in knowing violation of or reckless disregard of the provisions of this Chapter.

3. The court may also award punitive damages to any plaintiff, in a proper case as defined by California Civil Code Section 3294.

4. Moreover, any person who violates, or aids, facilitates, or incites another person to violate this Chapter shall be liable for additional damages of up to $5,000 for each offense committed against a person who is Disabled, Elderly, or Terminally Ill.

5. A prevailing defendant in a civil action under this Section shall be entitled to an award of attorney's fees as determined by the court.

D. Injunctive/Equitable Relief. Any person who violates, or aids, facilitates, or incites another person to violate this Chapter may be enjoined there from by a court of competent jurisdiction. A court may issue other equitable relief as appropriate. An action for an injunction under this subsection may be brought by an aggrieved Tenant or by the City.

E. Criminal Prosecution. A violation of any provision of this Chapter is punishable as an infraction or misdemeanor pursuant to Chapter 1.12 (Enforcement).

F. Nonexclusive Remedies and Penalties. The remedies provided by this Chapter are not exclusive, and nothing in this Chapter shall preclude any person, or the City from seeking any other remedies, penalties, or procedures.

(Ord. No. 1484, 6/3/2026)

Any provision of a Rental Housing Agreement or other agreement, whether written or oral, that purports to waive or would constitute a waiver of a Tenant's right to the protections afforded by this Chapter shall be deemed to be against public policy and shall be void.

(Ord. No. 1484, 6/3/2026)

All references to State statutes include successor provisions.

(Ord. No. 1484, 6/3/2026)

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