Milpitas Municipal Code Ch. 3 Tenant Protections

In enacting this Chapter, the City Council intends to help alleviate the housing crisis in Milpitas and throughout Santa Clara County by ensuring that all persons with the ability to pay for housing are considered for housing, regardless of whether they receive a housing subsidy or housing assistance of any kind, and by ensuring that tenants in Milpitas are not subject to retaliation from landlords as a result of asserting their rights under the Milpitas Municipal Code or federal and State law.

(Ord. No. 302, § 5, 10/15/19)

For purposes of this section, "source of income" means all lawful sources of income, including but not limited to any rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, including, but not limited to, Housing Choice Voucher Program (Section 8) assistance. "Source of income" includes any requirement of any such program or source of income or rental assistance.

(Ord. No. 302, § 5, 10/15/19)

It is unlawful for any person to do any of the following as wholly or partially based on source of income:

1. To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property, including, but not limited to, the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;

2. To include in the terms or conditions of a transaction in real property any clause, condition or restriction;

3. To refuse or restrict facilities, services, repairs or improvements for any current or prospective tenant or lessee;

4. To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income. For purposes of this subsection, "source of income" means all lawful sources of income or rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program. "Source of income" includes any requirement of any such program or source of income or rental assistance. "Person" means any individual, firm, corporation, or other organization or group of persons however organized.

(Ord. No. 302, § 5, 10/15/19)

It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following:

1. Fails to account for any rental payments or portions of rental payments that will be made by other individuals or organizations on the same basis as rental payments to be made directly by the tenant or prospective tenant;

2. Fails to account for the aggregate income of persons residing together or proposing to reside together or an aggregate income of tenants or prospective tenants and their cosigners or proposed cosigners or proposed cosigners on the same basis as the aggregate income of married persons residing together or proposing to reside together.

(Ord. No. 302, § 5, 10/15/19)

No landlord may take any action increasing any rental amount, reducing any service, causing the tenant to involuntarily quit the premises (constructive eviction) or discriminating against any tenant or household members of a tenant because of the tenant's use of any remedy provided by federal, State or local law, including but not limited to Chapter 2 of Title XII of the Milpitas Municipal Code.

(Ord. No. 302, § 5, 10/15/19)

Adverse retaliatory actions suffered by a tenant within 180 days of the tenant's exercise of any right or process under Chapter 2 of Title XII of the Milpitas Municipal Code shall be presumed to be retaliatory conduct under this Chapter. This presumption may be rebutted by the landlord, in which case the landlord shall carry the burden of persuasion to prove the adverse action was not in retaliation for the exercise of any right or process under Chapter 2.

(Ord. No. 302, § 5, 10/15/19)

Any rent increase in violation of this section shall be void and shall be rolled back to the prior rental amount. The landlord shall not be allowed to notice a new rent increase for a period of six months following the retaliatory conduct.

(Ord. No. 302, § 5, 10/15/19)

Retaliatory conduct by a landlord in violation of this section shall be a defense to an unlawful detainer or eviction action.

(Ord. No. 302, § 5, 10/15/19)

Civil enforcement action: A civil action to enforce the provisions of this Chapter may be filed by any aggrieved person, by the City Attorney or by any person or entity that will fairly and adequately represent the interests of that person or a protected class.

(Ord. No. 302, § 5, 10/15/19)

Civil injunctive relief: Any person who commits, or proposes to commit, an act in violation of this Chapter may be enjoined therefrom by any court of competent jurisdiction.

(Ord. No. 302, § 5, 10/15/19)

Civil liability: Any person who violates any provision of this Chapter or who aids in the violation of any provision of this Chapter may be liable for damages of up to three times the amount of one month's rent that the landlord charges for the unit in question. All damages shall be awarded to the person whose rights were violated. The court may also award punitive damages in an amount of not less than $200.00 and not more than $400.00 per violation, as well as attorneys' fees and costs. In any action brought by the City Attorney, all attorneys' fees and costs, shall be awarded to the City to reimburse its legal expenses and deposited in the City Treasury.

(Ord. No. 302, § 5, 10/15/19)

Separate civil liability for each violation; Any person who violates any provision of this Chapter or who aids in the violation of arty provision of this Chapter shall be liable for a separate civil violation for each provision of this Chapter that he or she violates, and for each instance in which he or she violates a provision of this Chapter.

(Ord. No. 302, § 5, 10/15/19)

Criminal enforcement and liability: Any person who violates any provision of this Chapter or who aids in the violation of any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the county jail for a period not exceeding six months, or both.

(Ord. No. 302, § 5, 10/15/19)

Administrative citation: In addition to any other remedy available at law, the City may enforce any violation of this Chapter by administrative citation pursuant to Title I, Chapter 21 of the Milpitas Municipal Code.

(Ord. No. 302, § 5, 10/15/19)

Statute of limitations; remedies cumulative: Any actions filed pursuant to this Chapter must be filed within two years of the alleged violation. The remedies and penalties provided for by this Chapter shall be cumulative and not exclusive and shall be in addition to such other remedies or penalties as are provided by law.

(Ord. No. 302, § 5, 10/15/19)