Oakland Municipal Code Ch. 9.45 Discrimination Based on Diverse Family and Relationship Structure

"Business establishment" means any entity, however organized, which furnishes goods, services or accommodations to the general public. An otherwise qualifying establishment which has membership requirements is considered to furnish services to the general public if its membership requirements:

1. Consist only of payment of fees;

2. Consist of requirements under which a substantial portion of the residents of this City could qualify; or

3. Consist of an otherwise unlawful business practice.

"Discrimination" means any act, policy or practice which, regardless of intent, has the effect of subjecting any person to differential treatment as a result of that person's family and relationship structure. The phrase "differential treatment" includes any limitation on a person's full, unsegregated and equal access to or enjoyment of, employment, real estate transactions, business establishments, and municipal services. Discrimination on the basis of family and relationship structure shall include both discrimination based on actual knowledge of family and relationship structure and discrimination based on supposition or assumption of family and relationship structure or desired structure.

"Family and relationship structure" means the actual or perceived involvement, or lack thereof, of an individual in an intimate personal relationship or relationships, other than a marital relationship. It includes an individual's actual or perceived affinity, or lack thereof, for any given type of intimate personal relationship, other than a marital relationship, regardless of whether the individual is currently in any intimate personal relationship(s).

"Intimate personal relationship" means an interpersonal relationship, other than a marital relationship, between two (2) or more adult individuals that involves romantic, physical, or emotional intimacy. This includes multi-partner/multi-parent families and relationships, step-families, multi-generational households, diverse family structures, consensually non-monogamous relationships, and consensual sexual and/or intimate relationships, including asexual and aromantic relationships.

"Person" means any natural person, firm, corporation, partnership or other organization, association or group of persons however organized.

"Real estate transactions" means and includes the sale, repair, improvement, lease, rental, or occupancy of any interest or portion of any interest in real property and shall also include the extension of credit, financing, insurance or services in connection with the sale, repair, improvement, lease, rental, or occupancy of any such interest in real property.

(Ord. No. 13789, § 2, 4-16-2024)

A. In General. It is unlawful for any person to do anything which has the effect of discriminating against any person as a result of that person's family and relationship structure, with respect to any of the following activities:

1. Real Estate. Any real estate transaction;

2. Business Establishments. The availability of goods, facilities or services from any business establishment;

3. City Services and Facilities. The use or availability of any municipal service or facility;

4. City Supported Services and Facilities. The use or availability of any service or facility wholly or partially funded or otherwise supported by the City.

B. Exceptions.

1. Real Estate Transactions.

a. Owner Occupied Dwellings. Nothing in Subsection A.1. of this Section shall be construed to apply to the rental or leasing of any housing unit in which the owner or lessor or any member of their family occupies one (1) of the living units and it is necessary for the owner, lessor or family member to use either a bathroom facility or a kitchen facility in common with the prospective tenant.

b. Effect on Other Laws. Nothing in Subsection A.1. of this Section shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

2. City Supported Services and Facilities. Subsection A.4. of this section does not apply to facilities or services which only receive assistance from the City which is provided to the public generally.

C. Advertising. It is unlawful for any person to make, publish or disseminate any notice or statement which indicates that such person engages in or will engage in any practice prohibited by this Chapter.

D. It shall be an unlawful practice for any person to deny any individual access to the full and equal enjoyment of privileges, benefits, goods, services and facilities, consistent with the person's family relationship structure.

(Ord. No. 13789, § 2, 4-16-2024)

A. Civil Action. Any aggrieved person may enforce the provisions of this Chapter by means of a civil action.

B. Equitable Relief. Any person who commits, proposes to commit, or aids another in committing an act that violates this Chapter may be enjoined therefrom by any court of competent jurisdiction. The court may also award any further relief it deems proper, including, but not limited to, restitution.

C. Civil Liability. Any person who violates, or any person who aids another to violate, any provision of this Chapter shall be liable for up to three (3) times actual damages and litigation costs and reasonable attorney's fees. The court may award punitive damages in a proper case as set out in Civil Code Section 3294 and pursuant to the standards set forth in that Code section or any successor thereto, pursuant to standards for punitive damages set by State law.

D. Remedies Not Exclusive. The remedies available in this Chapter are not exclusive and may be used cumulatively with any other remedies in this Chapter or at law.

(Ord. No. 13789, § 2, 4-16-2024)

Judicial actions under this Chapter must be filed within three (3) years of the alleged discriminatory acts.

(Ord. No. 13789, § 2, 4-16-2024)

Any written or oral agreement whereby any provision of this Chapter is waived or modified, is against public policy and void.

(Ord. No. 13789, § 2, 4-16-2024)